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HomeMy WebLinkAbout2017 12-11 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION December 11, 2017 6:00 p.m. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. 1. City Council 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 December 11, 2017 AGENDA 1.Informal Open Forum with City Council - 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation - 7 p.m. 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4.Roll Call 5.Pledge of Allegiance 6.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.November 27, 2017—Study/Work Session 2.November 27, 2017 - Regular Session 3.November 27, 2017 - Work Session 4.December 4, 2017 —2017 Budget Hearing 5.December 4, 2017—Special Session b. Licenses C. 2018 City Council Meeting Schedule d.Resolution Designating Polling Places for the City of Brooklyn Center for 2018 Elections e.Resolution Setting Salaries for Calendar Year 2018 f. Resolution Authorizing Execution of Land Exchange Agreement Between the City of Brooklyn Center and Brookdale Covenant Church CITY COUNCIL AGENDA -2 December 11, 2017 g.An Ordinance Vacating a Portion of Right-of-Way: Lilac Drive North —Motion to approve first reading and set second reading and Public Hearing for January 22, 2018. h.Resolution Approving Final Plat for Shingle Creek Crossing 6th Addition 7.Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation to Director of Business and Development Gary Eitel for 10 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. 8.Public Hearings a.An Ordinance Amending Chapter 23 of the City Code of Ordinances Regarding Filming Activities and Commercial Photography —This item was first read on November 13, 2017; published in the official newspaper on November 23, 2017; and is offered this evening for Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt Ordinance. b.Chapter 11 of the City Code of Ordinances Regarding Liquor Licenses An Ordinance Amending Chapter 11 of the City Code of Ordinances Regarding Liquor Licenses —This item was first read on November 13, 2017; published in the official newspaper on November 23, 2017; and is offered this evening for Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt Ordinance. 2. Resolution Amending the City of Brooklyn Center Fee Schedule Relating to Liquor Licensing Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA December 11, 2017 C. Public Hearings for Firehouse Park Area Improvements 1.Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2018-01, 02, 03, and 04, Firehouse Park Area Street, Storm Drainage and Utility Improvements Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 2.Resolution Certifying Special Assessments for Improvement Project Nos. 2018-01 and 2018-02, Firehouse Park Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. d. Public Hearings for 51St Avenue/Frontage Road Improvements 1.Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project No. 2018-06, 51st Avenue/Frontage Road Street, Storm Drainage and Utility Improvements Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 2.Resolution Certifying Special Assessments for Improvement Project No. 2018-06, 51st Avenue/Frontage Road Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 9. Planning Commission Items a. Planning Commission Application No. 2017-012, Submitted by Trent Mayberry of Told Development Company. Request for Approval of a New Building and Site Plan for the Development of a One-story, 3,984 Square Foot Bank of America Branch Location with ATM Drive-thru, to be Located at 2545 County Road 10 within the Shingle Creek Crossing Planned Unit Development (PUD). —The Planning Commission recommended unanimous approval of this application at its November 30, 2017, meeting. CITY COUNCIL AGENDA -4- December 11, 2017 Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2017-012 Submitted by Trent Mayberry/Told Development Company Approving New Site and Building Plan for the Development of a Bank of America on Building Site F in the Shingle Creek Crossing 6' Addition (Located at 2545 County Road 10) Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.6009 Aldrich Ave N 2.5606 Bryant Ave N 3.6337 Bryant Ave N 4.4906 Howe La 5.4200 Lakebreeze Ave 6.5300 Logan Ave N 7.5401 Oliver Ave N 8.5337-39 Queen AveN 9.6000 Vincent Ave N 10.Resolution Approving a Type IV 6-Month Provisional Rental License for 3300 6Sth Ave N 11.Resolution Approving a Type IV 6-Month Provisional Rental License for 6106 Aldrich Ave N 12.Resolution Approving a Type IV 6-Month Provisional Rental License for 5637-39 Girard Ave N 13.Resolution Approving a Type IV 6-Month Provisional Rental License for 2913 Nash Rd 14.Resolution Approving a Type IV 6-Month Provisional Rental License for 5406 Sailor La 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. b. Mayoral Reappointments to City Advisory Commissions Requested Council Action: —Motion to ratify Mayoral appointments. 11. Council Report 12. Adjournment EDA MEETING City of Brooklyn Center December 11, 2017 AGENDA 1.Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the podium. 2.Roll Call 3. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1.November 27, 2017 - Regular Session 2.December 4, 2017 - Special Session 4. Public Hearings a. Resolution Approving Assignment of Purchase Agreement to Ridgecrest Investors LLC (D/B/A Told Development Company) —On June 26, 2011, the EDA adopted Resolution No. 2011-16 Approving Purchase Agreement and Conveyance of Certain Property to Shingle Creek, LLC. Notice of this hearing was published in the official newspaper on November 30, 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 a. Resolution Approving a TIF Development Agreement (HOM Furniture Redevelopment of Kohls Lot) Requested Commission Action: —Motion to adopt resolution. 6.Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION December 11, 2017 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. ,s1 i!i al M[IjuJJ (I)I V DIL4 I Wage Requirement for the Business Subsidy Policy U DKI I] IhYIl U [1)1 til III 1 4'A'LI] ei r41 3FJ (I)F Later/Ongoing 1.Food Trucks Update - January 2.Conducting City Council Business Electronically - January 3.Naturally Occurring Affordable Housing Policy - January 4.Overnight Parking - January 5.South Opportunity Site Development - February 6.T.H. 252 Freeway Conversion Study Update - February 7.City Council Code of Policies (October 9 Study Session Discussion) a.Section 2.70 Street and Alley. Lighting Policy b.Section 2.93 Long-Term Deer Population Management Plan 8.Tobacco Purchase Age 21 (Brooklyn Youth Council) Oty C©©il Agendz I[tm N0 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 NOVEMBER 27, 2017 CITY HALL - COUNCIL CHAMBERS W m (Ill) U U 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 (arrived at 6:03 p.m.), April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Assistant City Engineer Andrew Hogg, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Communication Coordinator Angel Smith, Interim Community Development Director Michael Ericson, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mayor Willson requested discussion on Item 10.a.9, Consideration of Type IV 6-Month Provisional Rental License for 2006 Brookview Drive, noting there is a history that seems to be repetitive in what it entails from license renewal to license renewal. In addition, it is an LLC that he expects would be more responsive with licensing than an individual. Mayor Willson stated the comments indicate they are working with staff but he gets the impression they have an inspection, a fail, they fix it, the license expires, they continue to work with staff, submit a mitigation plan, get it approved, and then forget about following the mitigation plan. Deputy City Manager Reggie Edwards stated the department is working on analysis of that issue but currently there is nothing to say that after a designated time there would be ramifications. Mayor Willson asked whether there would be ramifications when there is enough information to show a trend. Dr. Edwards stated this item will be presented to the City Council at a future Work Session and additional information will be presented at that time for discussion. bYAI I[Si D UWAI a(I1uJ9 Mayor Willson stated he along with Councilmembers Ryan and Butler attended the Hmong New Year event during which Councilmember Butler was incorrectly introduced as a Brooklyn Park Councilmember. Mayor Willson stated he brought this error to the attention of the announcer who did make that correction but then didn't mention the attendance of Councilmember Ryan. 11/27/17 -1-• DRAFT Correction to November 13, 2017, Meeting Minutes Councilmember Lawrence-Anderson noted the November 13 meeting minutes show her absence listed as unexcused; however, she had notified Mr. Boganey in advance that she would be absent. City Manager Curt Boganey confirmed that was the case. It was the majority consensus of the City Council to accept the correction to the November 13, 2017, Study/Work Session, Regular Session, Work Session, and EDA minutes. Upcoming Events Councilmember Butler stated she asked Mr. Boganey to circulate the flyer on the ACER event, which she will attend in part. Mayor Willson stated he noticed an online notice of the Liberian Pageant on December 8, 2017, indicating he would be in attendance; however, he will be out of town on that date. Reorder Work Session Agenda Mr. Boganey asked that the City Council reorder the Work Session agenda to consider Item 1, Socioeconomic Opportunity Environmental Scan Report, as Item 3. I OI[I1IIi ft)CIJ'Lfl E4IDIfI [I)L D4fl7A'Ul U VI I h'1131J iYAIMI1 S]U'XIIJhI I 'a i] SII1SI DI [I] m 1fl"fS1 Dr. Edwards introduced the topic and reviewed the background, noting in 2012, the City Council had established six strategic priorities of which two were for citizen engagement and improving the image of the City. He described the City Council's past discussion and process followed to engage citizens in a dialogue process. Dr. Edwards noted the City hosted three community dialogue sessions, which were facilitated by JP Consulting, a third-party entity. Dr. Edwards explained the consultant looked at the data across all five questions and three sessions to develop common themes. He presented the common themes identified and key findings that were brought forward based on the data collected. Dr. Edwards reviewed identified recommendations for dialogue in subgroups, frequent community dialogues, and development of an Engagement Strategy Plan. Communication Coordinator Angel Smith presented next steps included in four options, a description, pros, cons, and comments on each of the following: Option 1 - Act Now; Option 2 - Engage and Act Now; Option 3 - Engage to Plan; and, Option 4 - Community Engagement Commission. Dr. Edwards asked whether the City Council desired additional information beyond the Brooklyn Center Community Dialogue Summary Report or had a consensus on how to reach forward to simply get started and schedule more sessions, to develop a short-term task force, or to recruit for and establish a task force from the community. 11/27/17 -2- DRAFT Councilmember Ryan stated he favors Option 1, thinking it would better serve the City to keep it simple and direct. He stated he would not be in favor of a community engagement commission as he is interested in open end dialogues and encouraging people to share their views with the City Council and staff. Councilmember Graves asked what partners are intended in Option 2. Dr. Edwards stated the City has already engaged the school district, two churches, and CEAP based on the rationale to extend the City's reach as they each have certain constituents. Councilmember Graves stated her support of Option 2 to actually use partners to fill in the subject matter, and not simply to recruit members, as they could speak to the topic more intricately. Mayor Willson supported community dialogues in different locations as well as a task force to determine whether or not a commission would be appropriate and if so, how that would be structured and who should be on it. He noted there is time for a parallel effort to address some of those issues. Councilmember Butler stated support for Option 2 as partnerships are important because you can grab from their base and it brings in additional people who have a lot to say on social media. She supported involving a wider net as to who is invited and to include non-profits. Councilmember Butler stated she was not sure a commission was needed at this point and supported a task force first. Mayor Willson noted staff is available to cover these endeavors but staff is asked to spend a lot of time, not necessarily during regular work hours, and this would be another thing they would need to attend. He asked whether Councilmembers are obligated to join the task force deliberations, community events, and dialogues or whether a liaison could cover that as it then is a new time commitment for Councilmembers. He noted if Councilmembers are going to get a raise for being commissioned to do more work, the Financial Commission would need to weigh in. Mayor Willson stated though he is retired, he is putting in a lot of hours and this would be another evening that Councilmembers would have to put in, noting some may be giving up family and/or work time. Councilmember Ryan stated if the City Council feels a task force would be the direction to go, there has been discussion in the past with the Housing Commission asking what they should be doing. He asked whether it would be wise to encourage presently serving Commissioners to be involved in task force activity to help develop the community engagement concept. Councilmember Ryan stated he still leans more towards Option 1 to have more open-ended sessions and encourage people to attend. He stated as Councilmember Butler observed, people express their views on Facebook ' which is very economical in not having to attend a meeting or encounter people with views other than their own. In addition, he believed Option 1 would be simpler and provide more experience with the engagement process before committing to a more elaborate process. Councilmember Lawrence-Anderson supported Option 2 but long-term would like a task force to 11/27/17 -3- DRAFT be more mobilized into a commission to do some of the leg work, plan events, and take those tasks away from staff time. She would like it to evolve into a self-sustaining commission. (I]S tOl IILS] flh]JI MUJkJ1 fII I'KiIiiIJ[IJlJ Mayor Willson closed the Study Session at 6:45 p.m. Motion passed unanimously. I(s]II3.i LuiyaiaIffsk'I Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to reconvene the Study Session at 6:50 p.m. Motion passed unanimously. BU[S] U IWUg,mtIiTrTU City Council discussion continued on Community Dialogue. Councilmember Graves stated she heard a consensus around Option 2 and a task force for deeper digging to determine if there should be a different dialogue. Councilmember Ryan restated his support for Option 1 to have additional listening sessions and possibly move beyond that based on additional experience. At the request of City Council, Dr. Edwards reviewed Option 2, Engage and Act Now, and explained the process to act now and build a relationship with the group to expand the City's capacity. Councilmember Butler stated she is committed to Option 2 as she is not interested in additional evening meetings with the same people discussing the same topics. She noted that a diverse group of people would be created by engaging partners. Mayor Willson felt more study was needed to determine whether a commission was needed but he did think establishing a task force can address that issue and engage the City's diverse residents. While that is being done, then Option 1 would continue with community dialogues throughout the community to communicate, recruit task force members, and discuss the need for a commission. He stated he mostly supports Option 2 for those reasons. Councilmember Lawrence-Anderson stated she also supports Option 2. It was the majority consensus of the City Council to receive the Brooklyn Center Community Dialogue Summary Report and direct staff to further Option 2. IJIS1BI 1IkA Ia;Ml 11/27/17 -4- DRAFT Mayor Willson adjourned the Study Session at 6:57 p.m. Motion passed unanimously. 11/27/17 -5- DRAFT MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBMER 27, 2017 CITY HALL - COUNCIL CHAMBERS 'Imt•X,iiOD't The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to order by President Tim Willson at 7:56 p.m. PP President Tim Willson and Commissioners Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were Executive Director Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. A'LIJ) 7XI aii i7Vi liEu WIakI l7.1 Commissioner Graves moved and Commissioner Ryan seconded to approve the Agenda and Consent Agenda, as amended, and the following item was approved: 3a. APPROVAL OF MINUTES 1. November 13, 2017 - Regular Session Motion passed unanimously. 4. PUBLIC HEARINGS - None. EI]U!1I iI]EEu]FiI JD1U [I]I MI DIk F1 -RESOLUTION %'kI: Director of Business and Development Gary Eitel introduced the item, discussed the history, and stated the purpose of the proposed resolution to approve a fifth amendment to the Development Agreement for the Shingle Creek Crossing project. He noted the City Council/EDA considered 11/27/17 -1- DRAFT the drafting and processing of a Fifth Amendment to the Shingle Creek Crossing Tax Increment Development Agreement at its November 13, 2017, Study/Work Session. He displayed slides depicting site plans showing Outlot A, the EDA-owned lot, and described its location. Mr. Eitel reviewed the components included in the proposed Fifth Amendment: 1) Address the developer's assignment of its rights to purchase the EDA parcel to Ridgecrest Investors LLC (dba Told Development); 2) Process the Shingle Creek Crossing 6th Addition, the replat of Lot 1, Block 2, Shingle Creek Crossing, and Outlot A; 3) Extension of the Additional Improvement Note Maturity Date to complete the 239,000 square foot additional commercial development within Shingle Creek Crossing from December 31, 2018 to December 31, 2021; 4) Redevelopment of the Kohl's lot (Lot 2, Block 2, Shingle Creek Crossing) to the Phase II parcels identified for the 230,000 square foot of additional improvements that will be constructed and obtain certificates of occupancy permits; and, 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. Mr. Eitel stated the additional commercial development was added in 2011. At that time, Mr. Gatlin thought he could complete the project in five years but, unfortunately, that has not yet happened. Mr. Eitel described the site work that is underway and stated he is optimistic that 2018 will be a good year for this project since there is a commitment by the developer to work with the City of Brooklyn Center. Mr. Eitel explained that in addition to the components identified in the draft agreement presented at the November 13, 2017, Work Session, there is a component relating to the EDA's obligation/payment of $300,000 to Shingle Creek Crossing LLC for the land necessary to construct the required bio-infiltration basin. He reviewed the recommended revision to Paragraph 11 and budget issues related to this consideration. Mr. Eitel stated the City Attorney's office has prepared the resolution before the EDA. Commissioner Graves moved and Commissioner Ryan seconded to adopt RESOLUTION NO. 2017-20 Approving a Fifth Amendment to Development Agreement (Shingle Creek Crossing Project). Motion passed unanimously. 6. ADJOURNMENT Commissioner Ryan moved and Commissioner Butler seconded adjournment of the Economic Development Authority meeting at 8:09 p.m. Motion passed unanimously. 11/27/17 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 27, 2017 CITY HALL - COUNCIL CHAMBERS 1IM4IJi&Vi Ilti1 I'LSLIiIi(SJ Ig CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Assistant City Engineer Andrew Hogg, Director of Community Activities, Recreation and Services Jim Glasoe, Communication Coordinator Angel Smith, Interim Community Development Director Michael Ericson, Director of Business and Development Gary Eitel, 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, stated he has been a resident for many years and spoken before about establishing a senior water consumption rate. He noted with the senior sewer rate, you have to be 62 years of age, two people maximum, and not in an apartment. He stated he would not include low income residents unless meeting the same formula. Mr. Kloster expressed concern with the request of Chipotle Restaurant for a liquor license, thinking they may be trying to recoup income lost during the time they experienced problems with e-Coli. He believed the request was also problematic due to the Restaurant's close location to the Transit Station. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Graves commented on the Thanksgiving holiday with family celebrations, injustices against indigenous people of America, and shared a poem as the Invocation. 11/27/17 -1- DRAFT wim (11011] .i riiiJ iELUI II IkualDil iai The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:03 p.m. Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Community Activities, Recreation and Services Jim Glasoe, Communication Coordinator Angel Smith, Director of Business and Development Gary Eitel, Assistant City Engineer Andrew Hogg, Interim Community Development Director Michael Ericson, Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. mi The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study/Work Session, Regular Session, and Work Session minutes of November 13, 2017, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.November 13, 2017— Study/Work Session 2.November 13, 2017 —Regular Session 3. November 13, 2017 - Work Session 6b. LICENSES CHRISTMAS TREE SALES PTQ Company dba: Rum River Tree Farm GASOLINE SERVICE STATION Royalty & Sons, Inc. MECHANICAL Heating & Cooling Design, Inc. Liberty Comfort Systems MH Plumbing, Inc. 5040 Brooklyn Boulevard 6044 Brooklyn Boulevard 13234 Urbank Court NE, Blame 627 East River Road, Anoka 6725277 1h Avenue NW, Isanti 11/27/17 -2- DRAFT RENEWAL (TYPE III— one-year license) Marvin Garden Townhomes 6710 Orchard Lane N. 4707 Eleanor Lane 6801 Fremont Place N. 7119 Halifax Avenue N. 6443 Marlin Drive 5924 Washburn Avenue N. 5925 Washburn Avenue N. RENEWAL (TYPE II— two-year license) Willow Lane Apartments 7015 Brooklyn Boulevard 322467 th Avenue N. 5510 France Avenue 7212 Lee Avenue N. TOBACCO RELATED PRODUCT Bun Street Market, Inc. dba: Quick Shop Royalty & Sons, Inc. Walmart #5625 Redevco Management Company Chen Xuan Zhou Kuku LLC Jami Stromberg Trevor Tj elmeland Ryan McLuen Missing 1 ARM Meeting Cheng Lor Jason Quilling Haymath Dasrath Kin Chew Qiang Fang 5808 Xerxes Avenue N. 6044 Brooklyn Boulevard 1200 Shingle Creek Crossing 6c. RESOLUTION NO. 2017485 GRANTING APPROVAL TO THE rnJN1PINT CnITNTV 1-lOuSING AND REDEVELOPMENT Motion passed unanimously. J1 I111 WI U [S)R!1 aiiii W !AV_'d U ESXIfi 1 iiSIIh1 U ItI]FU IiS]U II]F - None. 8. PUBLIC HEARINGS 8a. CONSIDERATION FOF PUBLIC UTILITY RATES FOR 2018 Finance Director Nate Reinhardt introduced the item and stated the City operates five different utilities. The purpose of the proposed Resolutions is to set rates for City provided utility services for 2018. It was noted that at the October 16, 2017, Joint Work Session of the City Council and 11/27/17 -3- DRAFT Financial Commission, staff had presented the expected expenditures for operations of the City's utility services for 2018. The expenditures include total direct and indirect costs including depreciation of capital assets and administrative costs. The Work Session also included projections of revenue needed for 2018 and the next 15 years to keep operations running smoothly and fund the infrastructure improvements needed in each of the utility systems. Mr. Reinhardt explained the cash flow analysis for each of the five utilities indicate anticipated rate changes necessary to maintain targeted cash balances during the construction of the utility improvements associated with the City's 15-year Capital Improvement Plan (CIP). Mr. Reinhardt presented a chart depicting rates for the City's utilities recommended for 2018 as detailed in the staff report. He described the City's tiered rates, noting the utility bill for a household using 18,000 gallons of water (the typical residential user) there would be no change in the water, sanitary sewer, street light, or recycling costs. Storm Sewer would increase by $.29 per quarter (a 2% increase and first increase in eight years) in order to maintain cash reserves, fund operations, pay for debt service, and finance infrastructure improvements. If approved, the proposed rates would become effective on January 1, 2018, for the Storm Sewer Utility. Mayor Willson suggested this information be shared with Mr. Kloster. Councilmember Ryan offered to do so. Mr. Reinhardt presented a chart depicting a residential utility bill for a typical user. Mayor Willson noted the State has addressed organic recycling, which is in the City's next budget as a pass through to residents. Mr. Reinhardt stated that is correct and the City's contract company also handles recycling. City Manager Curt Boganey explained the City would probably go out for bids to private contractors in how to handle organic recycling. He noted Hennepin County regulates recycling and has historically provided Brooklyn Center with a subsidy to help keep recycling costs down. But, over the next three to four years, in order to incent providing organic recycling, Hennepin County will be reducing that subsidy and instead provide it to cities providing for organics. So, if the City does not move to handle organics, the subsidy will disappear and rates will increase. Mr. Boganey stated since Brooklyn Center went in with Brooklyn Park, more competitive bids were received so he anticipates the normal recycling rate, starting in 2019, will go down based on the most recent bids received. Mr. Reinhardt reviewed a comparison chart of water utility rates with nine peer communities, noting Brooklyn Center is the third lowest. With the sanitary sewer comparison, Brooklyn Center is below the peer group average. The storm sewer rates put Brooklyn Center at the third lowest and below the peer group average. Mr. Reinhardt stated he does not anticipate large increases but there will probably be small increases, keeping the City in the lower range with peer cities. He also presented a rate comparison for the street light utility and recycling. Mayor Willson announced there would be one Public Hearing held for all five utility rates. Councilmember Ryan moved and Councilmember Butler seconded to open the Public Hearing. 11/27/17 -4- DRAFT Motion passed unanimously. Helen Osonowo, 2318 55 th Avenue N., asked why the rates were not compared with Brooklyn Park as they are closer. Mayor Willson explained that Brooklyn Park has 85,000 residents while Brooklyn Center has 35,000 residents so peer communities were used in the comparison that are more similar. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. 1.i[e 2018I WATERIUTILITY RAT FEES, AND CHARGES Councilmember Butler moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2017-187 Adopting 2018 Water Utility Rates, Fees, and Charges. Motion passed unanimously. 2.RESOLUTION NO. 2017-188 ADOPTING 2018 SEWER UTILITY RATES, FEES, AND CHARGES Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2017-188 Adopting 2018 Sewer Utility Rates, Fees, and Charges. Motion passed unanimously. 3.RESOLUTION NO. 2017-189 ADOPTING 2018 STORM SEWER UTILITY RATES, FEES, AND CHARGES Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2017-189 Adopting 2018 Storm Sewer Utility Rates, Fees, and Charges. Motion passed unanimously. 4.RESOLUTION NO. 2017-190 ADOPTING 2018 STREET LIGHT RATES AND CHARGES Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2017-190 Adopting 2018 Street Light Rates and Charges. Motion passed unanimously. 11/27/17 -5- DRAFT 5. RESOLUTION NO. 2017-191 EST ABLI SHING iwi:iRECYCLING AND CHARGES Mayor Willson moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2017- 191 Establishing 2018 Recycling Rate and Charges. Motion passed unanimously. 8b. RESOLUTION NO. 2017492 VACATING ALL EASEMENTS WITHIN LOT 1, BLOCK 2, SHINGLE CREEK CROSSING, AND OUTLOT A, SHINGLE CREEK CROSSING 2ND ADDITION Assistant City Engineer Andrew Hogg introduced the item, discussed the history, and stated the purpose of the proposed Resolution to vacate certain easements associated with the Shingle Creek Crossing redevelopment in connection with the proposed final plat of Shingle Creek Crossing 6 th Addition. It was noted that this item was published in the official newspaper on November 9, 2017, and is offered for Public Hearing this evening. Mr. Hogg explained the developer is requesting release and termination of the easements that are either no longer needed or are being replaced by new easements. The easements proposed to be released and terminated are: That part of the drainage and utility easements, over, under, and across Lot 1, Block 2, Shingle Creek Crossing, and Outlot A, Shingle Creek Crossing 2' Addition, Hennepin County, Minnesota. Couneilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2017-192 Vacating All Easements Within Lot 1, Block 2, Shingle Creek Crossing and Outlot A, Shingle Creek Crossing 2nd Addition. 9. PLANNING COMMISSION ITEMS - None. FtL___ES1Ih[IJ I NEI]Fi III N [IJI Nl 1I 10a. B P1DB 1U ON OF TYPE t' MONTH PROVISIONAL RENTAL 11/27/17 -6- DRAFT I ROJaIfThi 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. Helen Osonowo, 2318 55th Avenue N., asked what the formal process entailed. Mayor Willson explained the City Council would request a staff presentation and then the City Council would hear questions of the property owner. Mr. Boganey clarified the action before the City Council is to approve the mitigation plan and license. Should the property owner want to change the mitigation plan, then they should speak to the City Council at this point. If not, then the City Council will consider the license for approval. Ms. Osonowo requested a hearing. Mayor Willson called for a motion on Agenda Items 10a2 through lOalO. ithil. 2318 55th AVENUE NORTH 10a2. 509 61st AVENUE NORTH 100. 1600 71st AVENUE NORTH 10a4. 2023 BROOKVIEW DRIVE 106. 7031 HUMBOLDT AVENUE NORTH Councilmember Graves moved and Councilmember Butler seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 509 61 " Avenue North; 1600 71st Avenue North; 2023 Brookview Drive; 7031 Humboldt Avenue North; 6413 Regent Avenue North; 4501 Woodbine Lane; 6006 Zenith Avenue North; and adopt RESOLUTION NO. 2017-193 Approving a Type IV 6-Month Provisional Rental License for 2006 Brookview Drive; and, RESOLUTION NO. 2017-194 Approving a Type IV 6-Month Provisional Rental License for 7143 France Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 11/27/17 -7- DRAFT lOal. 2318 55TH AVENUE NORTH Interim Community Development Director Michael Ericson advised that 2318 55th Avenue North was inspected and 25 property code violations were cited and ultimately corrected. There have been zero validated police incidents/nuisance calls within the last 12 months. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Mr. Ericson reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan and all applicable ordinances. Councilmember Ryan moved and Councilmember Graves seconded to open the hearing. Motion passed unanimously. Helen Osonowo, 2318 55th Avenue N., stated she did not believe this should be a Type IV license as it was based on reports and calls made by one neighbor. She recounted problems they have experienced with one neighbor and asked if there is a way to know what the reports were about. She stated they even installed a fence to try and resolve the problems. Ms. Osonowo asked what is the process to get a Type I license. Mayor Willson asked whether the neighbor referenced who is making calls of complaint lives near the rental property. Ms. Osonowo stated that is correct and that neighbor said they would try everything possible to get rid of them. Mayor Willson explained the criteria used to determine license type relates to police calls and in this case, there were none. In addition, Property Code violations are considered and directly affect licensure. With this property, 25 property code violations were cited so it is a Type IV. Ms. Osonowo stated the violations have been resolved and approved by staff. She asked if that could change it to a Type 1. Mayor Willson explained when a license comes up for renewal, the best thing the property owner can do is assure there are no violations. Otherwise, the license goes from a Type I to a Type IV and to be consistent with all rental properties across the City, the City Council has to be consistent in its consideration and action. Ms. Osonowo asked whether there is anything in between. Mayor Willson stated there is also a Type II and a Type III. Councilmember Graves explained the property code violation criteria and stated in this case, 25 violations result in a Type IV license. Mr. Boganey concurred that in order to assure all are treated equally and fairly, the City Council is required to issue a license type based on code violations and valid police calls. Ms. Osonowo thanked the City Council for their consideration and staff for its good work and presentation. 11/27/17 -8- DRAFT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 2318 55th Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. IL _EIilh(IJ I ni MSMI I Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: o November 13, 2017: Planning Session for Highway 252 Improvements o November 14, 2017: Lion's Free Spaghetti Dinner November 16, 2017: Hmong New Year Event o November 21, 2017: Interviewed by Northwest City Politics for a Cable TV program o November 28, 2017: MAC meeting o November 29, 2017: League of Minnesota Cities Board Meeting o December 5, 2017: Neighborhood Watch Captains Appreciation Dinner Councilmember Lawrence-Anderson did not have a report. Councilmember Graves reported on her attendance at the following: • November 15, 2017: Raising Places Community Engagement Event • November 18, 2017: Launch Party for Legalization of Marijuana • November 19, 2017: Rebecca Otto for Governor Fund Raiser • November 20, 2017: Youth Council Meeting • November 21, 2017: Community Recreation Activity Commission Meeting Councilmember Graves extended her condolences to the family of Minneapolis Police Officer Rick Moss, who was an advocate for youth and a leader. She reviewed her Strength Finders results that showed her number one strength is Strategic and stated she would like to know the Mayor's and Councilmember' s top strengths. Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • November 15, 2017: Crime Prevention Meeting • November 16, 2017: Hmong New Year Event • November 28, 2017: ACER Neighborhood Gathering Event Mayor Willson reported on his attendance at the following events: 11/27/17 -9- DRAFT • November 16, 2017: Hmong New Year Event • November 17, 2017: Met with Mr. Boganey • Bell Ringing Shift at CUB for the Salvation Army • November 21, 2017: Rotary Luncheon • November 20, 2017: Chasing the Dragon Showing Mayor Willson referenced the business card layout provided by staff, noting all members will need new cards, and asked when the new City buttons will be available. Dr. Edwards stated the buttons will be ordered shortly. Ffr._ IMIilItikUDI1I Councilmember Graves moved and Councilmember Butler seconded adjournment of the City Council meeting at 7:55 p.m. Motion passed unanimously. 11/27/17 -10- 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 NOVEMBER 27, 2017 CITY HALL - COUNCIL CHAMBERS WI!tSiIMiI] Mtl The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:09 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, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Interim Community Development Director Michael Ericson, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. REVIEW O 1:1 UDRAFT TAX INCREMENT DEVELOPMENTWIAGREEMENT FOR HOM FURNITURE / KOHL'S LOT Director of Business and Development Gary Eitel introduced the item, reviewed the background, and described the components of the draft Tax Increment Agreement for the HOM Furniture/Kohl's lot. He presented the Springsted Financial structured Pay-As-You-Go Note based on 97.5% of the potential Tax Increment Revenue Stream projected from HOM's renovation, expansion and future development of the Kohl's lot, identified the projected TIF assistance terms, and But-For-Test/Analysis for the need of assistance. Mr. Eitel asked whether the EDA requires additional information for its future consideration of the KKN'IBA Brooklyn Center LLC (HOM Furniture) TIF agreement. Councilmember/Commissioner Ryan noted Springsted is used to structure these districts and in the past, it was mentioned staff and Springsted generally apply fairly conservative assumptions. Mr. Eitel stated that is correct. Councilmember/Commissioner Ryan noted in this case, interfund loans are mentioned and if the worst case occurs, there may be issues with other TIF funds. Mr. Eitel stated there is a concern when a loan is entered and interfund loans are repaid. However, in this case, it is a Pay-As-You-Go Note and requires HOM Furniture to build more on the site. Currently, the valuation of the property is $1.8 million, with the expansion it will be $5.4 million, and with the medical office it is up to $10 million. Then as time goes on, there is a 2% inflationary factor. Mr. Eitel explained if they don't develop, they are at risk and the City has no risk but does have a commitment for the $300,000 of infrastructure improvements. He stated there are more than sufficient funds to meet the City's obligations. 11/27/17 -1- DRAFT Councilmember/Commissioner Lawrence-Anderson thanked Mr. Bitel for his hard work on this project and asked if he would be willing to return for the ribbon cutting ceremony. Mr. Bitel stated after retirement he intends to stay aware of all the good things going on in Brooklyn Center and offered to take the picture of that event. It was the majority consensus of the City Council/EDA to direct staff to proceed with the Tax Increment Development Agreement for HOM Furniture I Kohl's Lot. I iIYi ft(I] 1(IDhI WI WIN aHLI] I Mr. Boganey introduced the item and representatives of Everybody In. Dr. Sam Grant, Everybody In Director of Research and Development, stated he appreciates the opportunity to partner with Brooklyn Center on this important issue to close the race equity gap, create opportunity, and economic stability for all. He stated they partnered to do a baseline report, which was presented to the City Council in July of 2016 and at that time, the City Council adopted a resolution. November 2016 to February 2017, they were involved with stakeholder interviews with a collective dialogue in May 2017. He described the three different stakeholders that were involved: Education, Non-Profit, and Business, and the five questions asked of each. Kia Her, Everybody In Research Analyst, described the challenges identified by each of the three stakeholders, strategies to identify challenges, key findings, keys to success, key implications. Dr. Grant stated the City has a lot of assets and the challenge is to get the 'wheels' in motion to foster a true deep effective racial equity strategy. He stated all stakeholders said it was important and they were willing to sign on, but that is easy to say when there is no risk attached. He noted Keys to Success included the need for the City to invest and drive the process forward. Dr. Grant presented the analysis in how to target resident populations, resulting challenges, the City's assets, and strategies to use. He explained the need for the City to partner with regional partners to grow small business networks through a business accelerator model to close the equity gap. Everybody In would partner with the City to gather the data and facilitate. Ms. Her described a pathway to racial equity through organizing a coordinated effort with collective impact measures, dialing in viable strategies for results that close equity gaps in educational attainment, employment, earnings in net financial wealth, and home ownership. She commented on the importance to consistently measure, monitor, amplify results, and implement long-term sustainability strategies to create enduring stability. Dr. Grant presented five next steps to drive racial equity and requested feedback. Councilmember/Commissioner Ryan stated some time ago, before he served on the City Council, he felt this whole endeavor would be best addressed at the State and National government levels and he has been waiting to see something substantial in that regard being done. He noted at one time, it was thought City services should address things like the most economical way to fill potholes; however, that has now evolved. Councilmember/Commissioner 11/27/17 -2- DRAFT Ryan stated Brooklyn Center is only 8.5 square miles and one suggestion is to build partnerships with neighboring communities. He stated with what we've observed with blue collar workers and the Rustbelt economy, there are also white folks in the City who are not doing well either. He noted what they are describing is parallel with Everybody In and the Brooklyn Bridge Alliance. Ms. Her stated they did speak to them as a stakeholder and they are doing a lot around youth and a good example. Dr. Grant stated the City has a network of capable agents on the ground who are aware and their role is to connect the assets of stakeholders and 'shine a light' with data to drive towards racial equity results. He explained they don't 'do' but play a connection role to build capacity that is not there so the City can deliver on racial equity. Councilmember/Commissioner Ryan stated if also talking about entrepreneurship, different approaches, and different age cohorts, then the focus should be on BrookLynk and the Brooklyn Bridge Alliance. Mayor/President Willson stated he is glad Dr. Grant is a resource the City can leverage into its overall strategy, noting BrookLynk is working with one sector of the population and when we look at racial equity, it is across the board, no matter race, creed, or religion. Mayor/President Willson noted the City has concentrated areas of poverty also that goes across the board so anything they can link into to build partnerships is good. He believed it would take thought as how to accomplish that through the process and he is glad they have talked with the City's stakeholders and they are receptive. Councilmember/Commissioner Graves stated she appreciated their work in putting together this report and is very interested in next steps. She sees this work around wholistic and health of the community as well because you will be healthier if you know how to process through your emotions, have healthy food, and a roof over your head. Councilmember/Commissioner Graves agreed there is probably need on the part of the City to do these kinds of things but she is not advocating to take them all on. She noted the City hired a communication person this year and other areas are being filled in so the City is better adapting to the changing demographics of the City. Councilmember/Commissioner Butler agreed and stated it seems like a lot to unpack. She asked about a realistic timeframe for next steps and the most important things to tackle. Dr. Grant stated one critical next step is hiring a communication staff person to work with that person to put out a racial equity strategy communication to push out important information so they can galvanize themselves around an action framework. In addition, the City can take advantage of existing staffing capacity and say, based on resources we have, what they feel confident they can do in 2018 to move this agenda forward. Dr. Grant stated in 2018, he would like to have dialogue with staff to put together an action plan. He asked what can the City's different stakeholders and region do to amplify capacities. Dr. Grant commented on his firm's work on a design board with Rochester and Duluth who are saying they appreciate that Brooklyn Center is taking leadership on this, doing the right thing, and they want to follow in Brooklyn Center's footsteps. Dr. Grant stated it is important to keep moving forward, to engage residents 11/27/17 -3- DRAFT who have been here a long time and know how the City used to be, how it has evolved, and can give information on perspective and identify critical differences. Dr. Grant stated the City needs to clearly articulate what is possible in 2018 and set forward a two- to three-year plan. Mr. Boganey stated if there is a consensus to move this effort forward, he would suggest staff return in 45-60 days with a more developed set of initial action steps and prioritization of activities the City has the capacity to move forward, or areas needed to develop further capacity. He stated there is a business assistant position in the 2018 budget to have one staff person available to implement some strategies and there is also funding for additional community engagement. Mr. Boganey acknowledged those positions alone will not be sufficient but can be part of the solution. Mayor/President Willson noted property values have gone up so the budget has a few extra dollars that could support some additional staff. He stated he is pleased with the trend and there is City Council/EDA consensus and support to move this forward. Councilmember/Commissioner Ryan stated it is not a surprise that if this moves forward, there will be challenges about whether this is a duplication of County or State efforts. He stated it is the City Council's job to demonstrate they feel compelled to fill the existing gaps, noting this is not an effort of duplication. Mayor/President Willson stated the City is not waiting for the State, County, or other agency to bail out the City. Mr. Boganey stated staff's objective should not be to duplicate on-going efforts with State and County resources, noting this report is asking what the City can do to better align those existing resources in a more clearly focused manner so the City's residents get the maximum benefit. It was the majority consensus of the City Council/EDA to receive the Socioeconomic Opportunity Environmental Scan Report and direct staff to further that effort. 1 IMI1IJ UIk'Iihi I Councilmember/Commissioner Graves moved and Councilmember/Commissioner Butler seconded adjournment of the City Council/Economic Development Authority Work Session at 9:02 p.m. Motion passed unanimously. 11/27/17 -4- 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 BUDGET HEARING DECEMBER 4, 2017 CITY HALL - COUNCIL CHAMBERS The Brooklyn Center City Council met for the 2017 Budget Hearing called to order by Mayor Tim Willson at 7:01 p.m. Ni,] I Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, and Deputy City Clerk Rozlyn Tousignant. 3.PRESENTATION ON BUDGET PROCESS AND PROPOSED 2018 BUDGETS Mr. Boganey gave a brief introduction and summary of the budget as well as an overview of the December 4th meetings. Mr. Reinhardt gave a presentation on the proposed budget. 4.PRESENTATION ON PROPOSED PROPERTY TAXES PAYABLE IN 2018 Mr. Reinhardt continued with a presentation on proposed property taxes payable in 2018. 5. OPPORTUNITY FOR PUBLIC COMMENT AND QUESTIONS Councilmember Ryan moved and Councilmember Butler seconded to open the Public Hearing. Motion passes unanimously. Roger Kloster, 7223 Lee Avenue N., asked a question regarding the 2018 Election expenses listed in the presentation. Mr. Boganey responded that the increase in election spending between 2017 and 2018 is attributed to the fact that the City did not have an election in 2017, but the City is expecting a regular election in 2018. Councilmember April Graves moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passes unanimously. l'A'Itl iII k C S1i[SJF I ES] Iii] !41 [S]I A brief discussion was held over the proceeding agendas. £ IISiIJ1WAI 1I 12/04/17 -1- DRAFT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adjourn the Budget Hearing at 7:41 p.m. Motion passed unanimously. 12/04/17 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION DECEMBER 4, 2017 CITY HALL - COUNCIL CHAMBERS RtIXUtUiW The Brooklyn Center City Council met in Special Session called to order by Mayor Tim Willson at 7:48 p.m. Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, and Deputy City Clerk Rozlyn Tousignant. EI)FII IJ3Iei V:(S)itS) lIIRIIIi 1111 *1 City Manager Curt Boganey stated that the 2018 Budget Hearing was held previous to this meeting and the items before the City Council at this Special meeting would be to adopt the final items for 2018 Budget. 3a.CITY MANAGER'S BUDGET TRANSMITTAL LETTER FOR 2018 FISCAL YEAR Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to accept the City Manager's Budget Transmittal Letter for 2018 Fiscal Year. Motion passed unanimously. 3b. LEVIES FOR THE GENERAL FUND AND DEBT SERVICE FLrNNDS AN I A MARKET VALUE TAX LEVY FOR THE HOUSING AN k RE DEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABL IN 2018 11 Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2017-195 Approving Final Tax Capacity Levies for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable in 2018. Motion passed unanimously. 12/04/17 -1- DRAFT 3c.RESOLUTION NO. 2017496 ADOPTING THE 2018 ANNUAL CITY BUDGET Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2017-196 Adopting the 2018 Annual City Budget. Motion passed unanimously. 3d.RESOLUTION NO. 2017-197 APPROVING THE 2018-2032 CAPITAL IMPROVEMENT PLAN AND ADOPTING THE 2018 CAPITAL PROGRAM Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2017-197 Approving the 2018-2032 Capital Improvement Plan and Adopting the 2018 Capital Program Motion passed unanimously. iIJ[I1SJ ih1I ahLN I Councilmember Graves moved and Councilmember Butler seconded to adjourn the City Council meeting at 7:56 p.m. Motion passed unanimously. 12/04/17 -2- DRAFT CUF Cmffiidli A©fflldi Rem [No. 6b IEI]JJ[SJ fl I I MhYA Uh'A I )k"A (I) 11I WJh'A I DATE: December 4, 2017 TO: Curt Boganey, City Mana FROM: Rozlyn Tousignant, Deputy City Clerk'-y SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on December 11, 2017. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. GASOLINE SERVICE STATION Holiday Stationstore #292 420 66th Ave N Kabalan Co. 1505 69th Ave N dba: Pump N Munch Holiday Stationstore 42099 6890 Shingle Creek Parkway LIQUOR— CLASS A ON-SALE INTOXICATING Apple Minnesota LLC dba Applebee's Neighborhood Grill & Bar 1400 Shingle Creek Crossing 2200 Beverage Management, LLC dba DoubleTree by Hilton Minneapolis N 2200 Freeway Boulevard LIQUOR - CLASS B ON-SALE INTOXICATING Brooklyn Hotel Partners LLC dba Embassy Suites 6300 Earle Brown Drive Jammin Wings LLC dba Jammin Wings 2590 Freeway Boulevard LIQUOR - CLASS F ON-SALE INTOXICATING Flik International Corp. dba Earle Brown Heritage Center 6155 Earle Brown Drive LIQUOR - ON-SALE CLUB INTOXICATING Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust IEI1IJ[iJ I N N k'A LA I ak'A (1) UI I1SA'A1 LIQUOR - ON-SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIQUOR Brooklyn Center Restaurant Inc. dba 50's Grill 5524 Brooklyn Boulevard Davanni's Pizza & Hot Hoagies 5937 Summit Drive Hiep Thanh Deli Inc. dba Hiep Thanh BBQ & Deli 6201 Brooklyn Boulevard —Subject to submittal of Liquor Liability Insurance Certificate Rose Garden 6090 Shingle Creek Parkway LIQUOR - ON-SALE 3.2 PERCENT MALT LIQUOR Centerbrook Golf Course, Centennial Park, and Evergreen Park 6301 Shingle Creek Parkway Chip otle Mexican Grill 5711 Xerxes Avenue North UEC Hospitality LLC dba Wingstop #1005 1180 Shingle Creek Crossing/Gl IRifilil] I) i RWI DI tIJ {)K1 U'4 M l U P [liSle) Awad Company dba Winner 6501 Humboldt Avenue North Diamond Lake 1994 LLC dba Cub Foods — Brookdale 3245 County Road 10 Kabalan Co dba Pump N Munch 1505 69th Avenue N —Subject to submittal of Liquor Liability Insurance Certificate Leng Ku dba Sun Foods 6350 Brooklyn Boulevard Northern Tier Retail LLC dba SuperAmerica #3192 6950 Brooklyn Boulevard Northern Tier Retail LLC dba SuperAmerica #4160 Northern Tier Retail LLC dba SuperAmerica #405 8 LIQUOR - SUNDAY SALES 2200 Beverage Management, LLC dba DoubleTree by Hilton Minneapolis N Apple Minnesota LLC dba Applebee's Neighborhood Grill & Bar Brooklyn Hotel Partners LLC dba Embassy Suites Duoos Bros. American Legion Post 630 Flik International Corp. dba Earle Brown Heritage Center Jammin Wings LLC dba Jammin Wings 6545 West River Road 1901 S7th Avenue N 2200 Freeway Boulevard 1400 Shingle Creek Crossing 6300 Earle Brown Drive 6110 Brooklyn Boulevard 6155 Earle Brown Drive 2590 Freeway Boulevard LIQUOR - OPTIONAL SPECIAL 2 A.M. CLOSING 2200 Beverage Management, LLC dba DoubleTree by Hilton Minneapolis N 2200 Freeway Boulevard Jam-min Wings LLC dba Jammin Wings 2590 Freeway Boulevard Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust 1B1[J I N I I øI'A S'A I DkT4 [0] t1I I1IJ'A I MECHANICAL Allan Mechanical Inc. Midland Heating & Air Conditioning Sedgwick Heating T&S Heating and Air Conditioning PUBLIC DANCE Jammin Wings, LLC RENTAL See attached report. TOBACCO RELATED PRODUCT Holiday Stationstore #292 Kabalan Co. dba: Pump N Munch Holiday Stationstore #2099 7875 Fuller Road, Eden Prairie 413 West 60th Street, Minneapolis 1408 Northland Dr. Suite 310, Mendota Heights 1524 Mulberry Street, Taylors Falls 2590 Freeway Blvd 420 66th Ave N 1505 69"' Ave N 6890 Shingle Creek Parkway Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EII1ik[SIIfl II Dk'4 IU [I) 1II1IJI Rental License Category CriteriaiPolicy — Adopted u City Cou• i tiiu: Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 I Type IV - 6 Months 1-2 units Greater than 8 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 (rust Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** Unpaid Utilities Unpaid Taxes 2412 Ericon Dr Single Family Initial Kurt Templin 0 I N/A II OK OK 4811 Lakeview Ave 1 Bldg 4 Units Renewal Diane Krenz 10 (2.5/Unit)III 0 III II OK OK 2307-09 54th Ave N Two Family (2)Renewal James Johnson 11 (5.5/Unit)III 1 0.5/Unit III III OK OK 6742-44 France Ave N Two Family (2)Renewal Infinite Property LLC 6 (3/Unit)III 0 (0/Unit)III II OK OK 4748-52 Twin Lake Ave Two Family (2)Renewal Grant and Pam Osgood 8 (4/Unit)II 0 II I OK OK 2701 65th Ave N Single Family Renewal Trinh Vu 0 I 0 I I OK OK 3312 65th Ave N Single Family Renewal Charles Kaatz 0 I 0 I II OK OK 3609 66th Ave N Single Family Renewal Bradley McKnight 2 II 0 II II OK OK 1401 72nd Ave N Single Family Renewal Chad Tesmer 8 III 0 III I OK OK 5201 Drew Ave N Single Family Renewal Ahmed Omar 2 II 0 II III OK OK 5913 June Ave N Single Family Renewal Mohammed Mehdi 4 II 0 II II OK OK 5524 Knox Ave N Single Family Renewal Michael Ude 2 II 1 II III OK OK 4207 Lakeside Ave #240 Single Family Renewal Tommy Conteh 4 II 0 II II OK OK 6907 Quail Ave N Single Family Renewal Tony & Carmen Holder 3 II 0 II II OK OK * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued Type I = 3 Year Type II = 2 Year Type III = 1 Year *** Initial licenses will not show a previous license type All properties are current on City utilities and property taxes Rental Licenses for Council Approval on December 11, 2017 C 0 ty C©©ll Agenda I[frm Ho, 6 City of Brooklyn Center DRAFT 12/11/2017 2018 City Council Meeting Schedule Special City Council Meetings All dates are Monday unless otherwise noted. April 4 (Wednesday) 6:00 p.m. Joint Session w/Commissions CH April 16 7:00 p.m. Board of Appeal & Equalization CC priI 30 6:00 p.m. Board of Appeal & Equalization Reconvene CC June 4 6:30 p.m. Work Session w/Auditor and Budget Work Session w/Financial Commission CC August 17 (Friday) 5:00 P.M. Canvass Returns of Municipal Primary CC November 12 5:45 p.m. Canvass Returns of Municipal General Election CC December 3 7:00 p.m. 2019 Budget Hearing and Special Meeting CC Regular Council Chambers Citv Hall Study/Work Session 6:00 p.m. Informal Open Forum 6:45 p.m. Regular Session 7:00 p.m. Work Session immediately following (Continued) Regular Session Brooklyn Center City Council regularly meets the 2nd and 4th Monday each month, unless Monday is a holiday. January 8 January 22 February 12 February 26 March 12 March 26 April 9 April 23 May 14 May 29 (Tuesday) June 11 June 25 July 9 July 23 August 13 August 27 September 10 September 24 October 8 October 22 November 12 November 26 December 10 All dates are subject to change. Gall (ity Hall at 763-569-3300 to verify dates and times. Strikethrough indicates meeting has been CANCELED. CC - Council Chambers located in upper level City Hall CR -Council/Commission Conference Room located in lower level City Halt CH -Constitution Hall located at Community Center EBHC -Earle Brown Heritage Center, 6155 Earle Brown Drive AA -.All America Conference Room located in lower level City Hall City Coun Agowoha llm N©0 6dt IIS1IJ[iJ I UI I DIk Uk'A I I!1 LI) tU1 )1IJ'A I SUBJECT: Resolution Designating Polling Places for the City of Brooklyn Center for 2018 Elections Recommendation: It is recommended that the City Council consider approval of a Resolution Designating Polling Places for the City of Brooklyn Center for 2018 Elections. Background: In 2017 legislation was passed that added a requirement for cities to designate polling places annually by December 31 for elections to be held the following year. Even if a city does not have a scheduled election for the following year, a resolution or ordinance must be passed to cover any special elections that may occur the following year. A resolution has been drafted and is attached for Council consideration. Minnesota Statutes, Section 20413.16, Subd. 1, is attached for reference. Because Minnesota Statutes, Section 20413.16, Subd. 3, also requires that no designation of a new or different polling place shall become effective less than 90 days prior to an election, in the future this resolution will be adopted annually in January rather than December to ensure that any elections held in the first few months of the following year will have polling places designated and meet the 90-day requirement. Since the legislation is effective this year, the City must designate polling places for the 2018 elections before December 31, 2017. The City Council will be presented with the same resolution in January 2018 for any elections that may need to be held in 2019. There are no changes to the polling places for 2018. Budget Issues: There are no budget issues to consider. )l4jssjoi,: E,zsziriiig on 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 DESIGNATING POLLING PLACES FOR THE CITY OF BROOKLYN CENTER FOR 2018 ELECTIONS WHEREAS, the City of Brooklyn Center is currently constituted into seven election precincts; and WHEREAS, Minnesota Statutes, Section 204B.16, Subd. 1, requires that by December 31 of each year, the governing body of a municipality must designate a polling place for each election precinct. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the polling places are hereby designated for 2018 elections as follows: Precinct 1 - Earle Brown Elementary School, 1500 59th Avenue North Precinct 2 - Brooklyn Center High School, 6500 Humboldt Avenue North Precinct 3 - Evergreen Park Elementary School, 7020 Dupont Avenue North Precinct 4 - Spiritual Life Church, 6865 Shingle Creek Parkway Precinct 5 - Garden City Elementary School, 3501 65th Avenue North Precinct 6 - Northport Elementary School, 5421 Brooklyn Boulevard Precinct 7 - Brooklyn Center West Fire Station, 6250 Brooklyn Boulevard December 11, 2017 . bate 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. MINNESOTA STATUTES 2017 204B.16 20413.16 POLLING PLACES; DESIGNATION. Subdivision 1. Authority; location. By December 31 of each year, the governing body of each municipality and of each county with precincts in unorganized territory must designate by ordinance or resolution a polling place for each election precinct. The polling places designated in the ordinance or resolution are the polling places for the following calendar year, unless a change is made: (1)pursuant to section 204B.175; (2)because a polling place has become unavailable; or (3) because a township designates one location for all state and federal elections and one location for all township only elections. Polling places must be designated and ballots must be distributed so that no one is required to go to more than one polling place to vote in a school district and municipal election held on the same day. The polling place for a precinct in a city or in a school district located in whole or in part in the metropolitan area defined by section 200.02, subdivision 24, shall be located within the boundaries of the precinct or within one mile of one of those boundaries unless a single polling place is designated for a city pursuant to section 204B. 14, subdivision 2, or a school district pursuant to section 205A. 11. The polling place for a precinct in unorganized territory may be located outside the precinct at a place which is convenient to the voters of the precinct. If no suitable place is available within a town or within a school district located outside the metropolitan area defined by section 200.02, subdivision 24, then the polling place for a town or school district may be located outside the town or school district within five miles of one of the boundaries of the town or school district. Copyright 0 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. City Crnlldll Agenda fl©m N©0 [I1H[iJ Ni I DYA I I Dk!A (0] 1I I1lI1 DATE: November 29, 2017 TO: Curt Boganey, City Mana THROUGH: Reggie Edwards, Deputy City Manag FROM: Kelli Wick, Human Resources Director SUBJECT: Resolution Setting Salaries for Calendar Year 2018 Recommendation: It is recommended that the City Council adopt the resolution setting salaries for calendar year 2018. Background: Section 2.07 of the City Charter requires that the City Council shall fix the salary of all employees of the City. Generally speaking, the City employs three different sets of employees, union, non-union and city manager. Union employees encompass the vast majority of public works and police department employees. Salaries and wages for these employees are established through the collective bargaining process. We are settled with LELS Local 86 (police supervisors) for 2018. We are in negotiations with police officers and public works. The action before you relates to the wages and salaries of the eighty-three (83) non-union full-time employees out of a total of 162 full time employees working for the City. These at-will employees have no contract and rely upon the actions of the City Council through policy to assure reasonable working conditions, salaries and wages that are competitive in the market place. The proposed budget provides for a two percent general wage increase. It also provides for scheduled performance based step increases for employees below the range maximum. Staff recommends approval of the pay plan with a 2% general wage increase for 2018. Budget Issues: The proposed budget will support a 2% pay plan adjustment and scheduled performance step increases provided by the resolution. jllissioii: Ensuring an altractn'e, clean, safr, inclusive conununitj' that enhances the quality of lfe for all people and preserves the public trust C 7 ty q - ^ 6—T 5-5 1 Ry—n— U Zen- Te—r 2018 Pay Plan Full-Time Employees 2018 City of Brooklyn Center Regular Full-Time Positions JPosition 4jAuthorized Positions,,,, -1 Organized Exempt from Overtime CITY MANAGER'S OFFICE City Manager 1 Contract Yes-Exec Deputy City Manager 1 No Yes-Exec City Clerk 1 No Yes-Adm Deputy City Clerk 1 No No Customer Service Representative 1 No No Human Resources Director 1 No Yes-Adm Human Resources/Benefits Specialist 1 No No Human Resources/Payroll Technician 1 No No IT Director 1 No Yes-Adm IT Specialist 1 No No IT Technician 1 No No Communications Coordinator 1 No Yes-Adm COMMUNITY DEVELOPMENT Community Development Director 1 No Yes-Exec Planning and Zoning Specialist 1 No Yes-Adm Business Assistance Specialist 1 No Yes-Adm Building and Community Standards Division Deputy Director of Building & Community Standards 1 No Yes-Adm Housing/Community Standards Supervisor 1 No Yes-Adm Building Official I No Yes-Adm Building/Housing Inspector 2 No No Housing/Code Enforcement Inspector 3 No No Community Development Administrative Assistant 2 No No FISCAL AND SUPPORT SERVICES Director of Finance 1 No Yes-Exec Assistant Director of Finance 1 No Yes-Adm Accountant 1 No Yes-Adm Utilities Technician II I No No Accounting Technician II 1 No No Liquor Stores Division Liquor Operations Manager I No Yes-Exec Liquor Store Manager 3 No Yes-Adm Liquor Store Category Lead 1 No Yes-Adm Liquor Store Office Assistant 1 No No Position Positions Authorized f Organized Exempt from Overtime FIRE DEPARTMENT Fire Chief 1 No Yes-Exec Deputy Fire Chief 1 No Yes-Exec Fire Inspector/Educator 1 No No Fire Administrative Coordinator 1 No No POLICE DEPARTMENT Chief of Police 1 No Yes-Exec Police Commander 3 L #86 Yes-Adm Police Sergeant 7 L #86 No Police Officer 33 L #82 No Police Detective 5 L #82 No Support Services Manager 1 No Yes-Adm Crime Analyst 1 No No Crime Prevention Specialist 1 No No Police Administrative Assistant 1 No No Police Records Technician 7 No No Property Technician I No No PUBLIC WORKS DEPARTMENT Director of Public Works 1 No Yes-Exec City Engineer 1 No Yes-Adm Assistant City Engineer 1 No Yes-Adm Engineering Technician IV 1 No No Engineering Technician Ill 3 No No Public Works Administrative Assistant 1 No No Streets and Parks Division Deputy Director of Public Works 1 No Yes-Exec Supervisor of Streets and Parks Maintenance I No Yes-Adm Crew Leader 3 L#49 No Maintenance Il 11 L #49 No Central Garage Division Mechanic 2 L #49 No Crew Leader I L#49 No Night Service Person 1 L #49 No Central Garage Administrative Technician 1 No No Public Works Administrative Technician 1 No No Public Utilities Division Supervisor of Public Utilities 1 No Yes-Adm Water Treatment Plant Lead Operator 1 L #49 No Crew Leader 1 L#49 No Maintenance 11 5 L #49 No r Position -Authorized Positions j Organized Exempt from Overtime COMMUNITY ACTIVITIES, RECREATION & SERVICES Director of Community Activities, Rec. & Serv.I No Yes-Exec Recreation Program Supervisor 3 No Yes-Adm Golf Course Superintendent 1 No Yes-Adm CARS Administrative Assistant 1 No No Recreation Clerk 1 No No Earle Brown Heritage Center Division EBHC General Manager 1 No Yes-Exec EBHC Operations Director 1 No Yes-Exec EBHC Crew Chief 2 No No EBHC Sales Director 1 No Yes-Exec EBHC Sales Manager 3 No Yes-Adm EBHC Maintenance Custodian 3 No No EBHC Secretary/Billing Clerk 1 No No EBHC Secretary/Receptionist 1 No No Government Buildings Division Maintenance Lead 1 No No Maintenance Custodian 1 No No Maintenance Technician 1 No No TOTAL REGULAR FULL-TIME POSITIONS AUTHORIZED 162 2018 Supervisory Full-time Pay Plan - Exempt 1/1/18 Exempt from overtime (not eligible for overtime) Pay Grade Title Step A Step B Step C Step D Step E Step F Step G S35 IT Director Annual $90,463 $94,986 $99,735 $102,229 $104,785 $ 107,404 $ 110,089 Hourly $ 43.492 $ 45.666 $ 47.950 $ 49.148 $ 50.377 $ 51.637 $ 5Z928 S34 Human Resources Director Annual $88,257 $92,669 $97,303 $99,735 $102,229 $ 104,785 $ 107,404 Hourly $ 42.431 $ 44.553 $ 46.780 $ 47.950 $ 49.148 $ 50 377 $ 51.637 S33 Dep. Dir. Of Public Works Annual $86,104 $90,409 $94,930 $97,303 $99,735 $ 102,229 $ 104,785 Hourly $ 41.396 $ 43.466 $ 45.639 $ 46.780 $ 47.950 $ 49.148 $ 50.377 S32 EBHC General Manager Annual $84,004 $88,204 $92,614 $94,930 $97,303 $99,735 $ 102,229 Hourly $ 40.386 $ 42.406 $ 44.526 $ 4S.'639 $ 46780 $ 47.950 $ A0148 S29 Liquor Operations Manager EBHC General Manager Deputy Director of Building& Community Standards Annual $78,006 $81,906 $86,002 $88,152 $90,355 $92,614 $ __________ 94,930 Hourly $ 37.503 $ 39.378 $ 41.347 $ 42.381 $ 43A40 ,$ '44.,526:1 $45.639 S24 City Clerk Annual $68,946 $72,393 $76,013 $77,913 $79,861 $81,858 $83,904 Hourly,$ 33.147 $ 34.804 $ 36.545 $ 37.458 $ 38;395 1 1 $ 39355 $40.338 S22 Support Services Manager Annual $65,624 $68,905 1 $72,350 $74,159 $76,013 $77,913 $79,861 Hourly 1 $ 31.5501 $ 33.1271$34.784 $ 35.653 $ 36.545 $ 37.458 $38.395 This schedule provides salary ranges for supervisory employees. The schedule reflects all current salary ranges for this group and provides for a 2% increase January 1, 2018. This group of employees is exempt from overtime under FLSA. Normal progression: Minimum is the starting rate. After successful completion of six months of a probationary period, individuals move to the next step. After eighteen months of successful performance of job duties, individuals move to the next step. Additional advances in steps up to the maximum shall be at the discretion of the City Manager based upon recommendation of the Department Head. City Manager's Discretion: The City Manager is authorized to set salaries below the minimum rate when performance or qualifications are less than required for the position. The City Manager is authorized to set salaries above the minimum rate when qualifications exceed those required for the starting rate. Exempt from overtime (not eligible for overtime) 1/1/18 Position title Minimum Maximum City Manager: Salary pursuant to employment contract Director of Finance Annual $105,982 $129,948 Chief of Police Annual $105,982 $129,948 Director of Public Works Annual $105,982 $129,948 Community Development Director Annual $105,982 $129,948 Deputy City Manager Annual $97,717 $119,813 Director of Comm. Activities, Rec. & Services Annual $97,314 $119,319 Fire Chief Annual $97,189 $119,166 The City Manager is authorized to set salaries within the established ranges. This schedule reflects a 2% increase January 1, 2018 2018 Non-Organized Full-time Employee Pay Plan - Exempt 111/18 xempt rrom overtime (not eligible or overtime) Pay Step Step Step Step Step Step StepGradeTitleABCDEFG C30 Supervisor Public Utilities Annual $79,773 $Deputy Fire Chief 83,761 $87,949 $90,148 $92,402 $94,712 $97,080 Hourly $38352 $40.270 $42.283 $43.340 $A4A24i $45.535 $46.673 C28 Assistant City Engineer Supervisor Streets/Parks Annual $75,929 $79,725 $83,711 $85,804 $87,949 $90,148 $92,402 Hourly $36.504 $38.329 $40.246 $41.252 $42.283 $43.340 $44.424C27Assistant Finance Director Project Engineer Annual $74,077 $77,781 $81,670 $83,711 $85,804 $87,949 $90,148 Building Official Hourly $35.614 $37.395 1 $39.264 $40.246 $41 .252 $42.283 $43.340 C25 I Planning/ZoningSpecialist Housing & Comm Stds. Supv. Annual $70,507 $74,033 $77,734 $79,678 $81,670 $83,711 $85,804 C22 Accountant Annual 1 $65,473 $68,747 $72,184 $73,989 $75,838 1 $ 77,734 $79,678 Hourly $ 31 .477 $ 33.051 $ 34.704 $ 35,572 $ 1 36.461 $ 37,372 $38,307 C20 Rec. Program Supervisor EBHC Operations Director Golf Course Supt. Communications Coordinator Annual $62,318 $65,434 $68,706 $70,424 $72,184 $73,989 $75,838 Hourly $ 29.961 $ 31,459 $ _33.032 1 $331857 $ 34.704 $ 35.572 $36.461 C18 EBHC Sales Director Annual $59,315 $62,281 $65,395 $67,030 $68,706 $70,424 $72,184 Hourly $ 28,517 $ 29.943 $ 31.4401 ',$ 32.226 $ 33.032 $ 33.857 $34.704 C16 Maintenance Supervisor Liquor Store Manager Annual $56,457 $59,280 $62,244 $63,800 $65,395 $67,030 $68,706 Hourly $ 27,143 $ 28.500 $...29.925 $ 30.673 $ 31.440 $ 32.226 $33.032 C12 EBHC Sales Manager Annual $51,148 $53,705 $56,390 $57,800 $59,245 $60,726 $62,244 Hourly $ 24.590 $ 25.820 $ 27.111 $ 27.788 $28.483 $ 29.195 $29.925 C8 Assistant Liquor Manager Annual 1 $46,337 $48,654 $51,087 $52,364 $53,673 $55,015 $56,390 This schedule provides a salary range for non-organized employees in exempt positions. The schedule reflects all current salary ranges for this group and provides for a 2% increase January 1, 2018. This employee group is exempt from overtime under ELSA. Normal progression: Minimum is the starting rate. After successful completion of six months of a probationary period, individuals move to the next step. After eighteen months of successful performance of job duties, individuals move to the next step. Additional advances in steps up to the maximum shall be at the discretion of the City Manager based upon recommendation of the Department Head. City Manager's Discretion: The City Manager is authorized to set salaries below the minimum rate when performance or qualifications are less than required for the position. The City Manager is authorized to set salaries above the minimum rate when qualifications exceed those required for the starting rate. Merit Steps: Merit steps up to ten percent above the maximum rate shall only be awarded with the express approval of the City Council as recommended by the City Manager. 2018 Non-organized Full-time Employee Pay Plan - Non-exempt 1/1/18 Non-exempt (eligible for overtime) Pay Step Step Step Step Step Step Step Grade Title A B C 0 E F1,G 037 Engineering Tech IV Hourly $32.891 $34.536 $36.262 $37.169 $38.098 $39.051 $40.027 033 IT Specialist Hourly $29.798 $31.288 $32.852 $33.673 $34.515 $35.378 $36.262 D32 Engineering Tech Ill Hourly $29.071 $30.524 $32.051 $32.852 $33.673 $34.515 $35.378 D31 Building/Housing Inspector Hourly $28.362 $29.780 $31.269 $32.051 $32.852 $33.673 $34.515 Crime Analyst D30 Housing & Code Enf. Insp Hourly $27.670 $29.054 $30.506 $31.269 $32.051 $32.852 $33.673 029 Maintenance Lead Hourly $26.995 $28.345 $29.762 $30.506 $31.269 $32.051 $32.852IT Technician D26 Fire Inspector Hourly $25.068 $26.321 $27.637 $28.328 $29.036 $29.762 $30.506HR/Benefits Specialist Payroll/HR Technician D24 Crime Prevention Specialist Hourly $23.860 $25.053 $26.305 $26.963 $27.637 $28.328 $29.036 D21 Fire Adm. Coordinator Hourly $22.156 $23.264 $24.427 $25.038 $25.664 $26.305 $26.963 D20 Deputy City Clerk Hourly $21.616 $22.697 $23.831 $24.427 $25.038 $25.664 $26.305 Police Adm. Assistant Public Works Adm. Assistant CARS Adm. Assistant BCS/BD Adm. Assistant Accounting Technician II Utilities Technician II D17 Central Garage Adm. Tech Hourly $20.072 $21.076 $22.130 $22.683 $23.250 $23.831 $24.427 EBHC Sec/Billing Clerk EBHC Maint. Custodian Police Records Technician Property Technician Permit Technician Public Works Adm. Tech. Maintenance Technician D13 EBHCSec./Receptionist Hourly $18.185 $19.094 $20.049 $20.550 $21.064 $21.590 $22.130 Cust. Service Representative Liquor Store Office Assistant CARS Cust. Service Rep. Maintenance Custodian D8 EBHC Crew Chief Hourly $16.073 $16.876 $17.720 $18.163 $18.617 $19.082 $19.560 02 Liquor Store Category Lead Hourly $13.859 $14.552 $15.280 $15.662 $16.053 $16.455 $16.866 This schedule provides a salary range for non-organized employees in non-exempt positions. The schedule reflects all current salary ranges for this group and provides for a 2% increase January 1, 2018. This employee group is not exempt from overtime under FLSA. Normal progression: Minimum is the starting rate. After successful completion of six months of a probationary period, individuals move to the next step. After eighteen months of successful performance of job duties, individuals move to the next step. Additional advances in steps up to the maximum shall be at the discretion of the City Manager based upon recommendation of the Department Head. 1/1/18 Non-exempt (eligible for overtime) Position title 1-Jan 2018 Maintenance III Hourly 29.79 Maintenance II Hourly 28.40 Step 3 Hourly 26.58 Step 2 Hourly 24.78 Step I Hourly 22.99 Start Hourly 21.17 Mechanic Hourly 29.79 Night Service Person Hourly 28.40 This schedule provides a salary range consistent with the labor agreement. Crew Leader: An employee assigned, in writing by the Department Head or Public Works Superintendent, to assist a supervisor as a crew leader will be paid an additional $1.50 per hour above the base wage of their regular position. 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WWC/)(/)O) .WO)(I)O)O) (J)W(OO)O)CD(/)C/)U)Q)(J)U) U) _J _J _I _J _J U) _J ..J _J _J _J U) _J J _J _J _J _i _J .J _J _J _iWWWWWWUJUJL[JWLIJWUJWWWWWWWWw< -J -J -J -J --J -J NCOCo - NCoNCO 000 o8 NCo LNHOOOOLU LU NCo<< Co<<< çWWW<<<<<<<w<00 oOcc2cc- - - - - — - -j 0 -.- - --.- .-.- - -.- -.- - - --.-NCoCoCot'to1010t0LOtotO1OL0tototo co Cl) Cl) (-.) (1) -J -J -J -J -J -JWLLJUJWWLUWWWWWWWWLUWWWWWUJLIJLLJWWW-J -J -J --J -J -J 1/1/18 Exempt from Overtime Position Title Mm Max Commander 3% _JjMonthly Annual $108,744 I $113,496 $ 9,062 I $ 9,458 1/1/18 Non-exempt from Overtime Position Title Max Sergeant 2.50% Start $ 42.83 Step I $ 46.45 After 36 months $ 47.61 This schedule provides a salary range consistent with the labor agreement. Member introduced the following resolution and moved its adoption: RESOLUTION NO._________ RESOLUTION SETTING SALARIES FOR CALENDAR YEAR 2018 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center requires that the City Council shall fix the salary of all officers and employees of the City; and WHEREAS, the 1984 Pay Equity Act as adopted and amended by the Legislature requires every political subdivision of the State of Minnesota to establish "equitable compensation relationships" between its employees; and WHEREAS, the City Council has reviewed the 2018 Full-time Employee Pay Plan; and WHEREAS, an individual employee's movement through their respective pay schedule reflects a progression in corresponding levels or improved job performance; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center that it hereby sets wages, salaries for the calendar year 2018 by adoption of the attached Pay Plan and allows the City Manager to set appropriate increases to the part-time schedule consistent with other employee groups, which the City Manager shall be authorized to pay. BE IT FURTHER RESOLVED that the City Manager may reclassify, adjust, add and/or delete position(s) to pay grades in the Pay Plan(s) but is limited to authorizing increases due to Pay Equity Act compliance and by the Annual Budget constraints adopted by the City Council; and BE IT FURTHER RESOLVED that the 2018 Full-time Pay Plan is approved and adopted because it is in general an equitable pay plan for City Employees; however, parts of the Pay Plan are approved and adopted solely for the purpose of compliance with the mandates of Minnesota Statutes, Section 471.999; that adoption of the Pay Plan shall create no vested rights, terms or conditions of employment or entitlement to any given level of compensation for any employee or group of employees; that the Pay Plan shall be subject to continuing review and reconsideration and may be amended from time to time by the City Council; and BE IT FURTHER RESOLVED that the City Manager be authorized to employ full and part-time and/or temporary employees as may be necessary, and to establish competitive rates of pay for such help consistent with the 2018 budget appropriations and to make interim appointments to fill vacant positions whenever a position is vacant because a regular employee is on leave of absence, vacation leave, sick leave, or is absent for any other reason, and to establish rates of pay for such appointments consistent with the 2018 budget appropriations; and RESOLUTION NO. BE IT FURTHER RESOLVED that authorized wage adjustments, not to exceed the maximums contained herein, shall become effective January 1, 2018. 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. pay plan resolution 2018 Cy Coundl Agnthi I[ttllhill N©0 f COUNCI{L NTEM MEMORANDUM DATE: December 5, 2017 TO: Curt Boganey, City Man6 FROM: Mike Albers, Acting City Engineer /11 SUBJECT: Resolution Authorizing Execution of Land Exchange Agreement Between the City of Brooklyn Center and Brookdale Covenant Church Recommendation: It is recommended that the City Council consider approval of a resolution authorizing execution of land exchange agreement between the City of Brooklyn Center and Brookdale Covenant Church. Background: On May 9, 2016, the City Council directed staff to proceed with the preliminary design, environmental documentation, easement acquisition and final design work for the Brooklyn Boulevard Corridor Project Phase 1 (49 "' to Bass Lake Road), Project No. 20 18-05, SP 109-020-013. The proposed reconstruction and streetscape improvements will improve roadway and intersection safety, enhance traffic operations and provide improved bicycle and pedestrian facilities. The project is scheduled to be constructed in 2018. As part of the Brooklyn Boulevard Corridor Project Phase 1, proposed improvements such as a reconstruction of Lilac Drive from New Millennium Academy to the new signal at Trunk Highway (TH) 100 South Ramp, the installation of a new 6' sidewalk on Lilac Drive and other streetscape elements have been identified that fall outside of existing public easement areas. The attached map (Exhibit 2) shows the extent of the easements needed for proposed improvements within the Brookdale Covenant Church (BCC) owned parcel located along west of Brooklyn Boulevard. The City of Brooklyn Center would like to acquire the portion of the BCC property depicted in blue on the attached exhibit (the "Lilac Drive Parcel"). The City owns a parcel of real property abutting the BCC property, depicted in yellow on the attached exhibit (the "MnDOT Parcel"), which was MnDOT turn back property and is no longer needed for right-of-way purposes due to the removal of the frontage road. The MnDOT parcel would be used to mitigate the loss of parking on BCC property due to the new signal at TH 100 South Ramp and the extension of Lilac Drive. In exchange for BCC's conveyance of the Lilac Drive Parcel, the City is willing to i) convey the MnDOT parcel to BCC through the right-of-way vacation process, ii) spend up to $7,000 to assist BCC in acquiring insurable title to the Gap Parcel; and iii) as part of the project, perform certain parking and driveway improvements on the Lilac Drive Parcel, MnDOT Parcel and the Gap Parcel for BCC (collectively the "Land Exchange"). The City Attorney has reviewed all easement documents and concurs to the purpose and form of the Land Exchange Agreement. Mission: Ensuring an attractive, clean, safe, inclusive co;nnuu,itl' that en/la/Ices the quality of life for all people and preserves the public tijisi [EI1Pk[IJ I fl V V k'A UA I I'A (I] 1I PlUk'A I Budget Issues: The parking and driveway improvements and associated fees as outlined in the Land Exchange Agreement will be paid for out of the improvement project budget. Strategic Priorities: Key Transportation Investments Mission: Ensuring an attractive, clean, safe, inclusive coinnninitv that enhances the qualitj' of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF LAND EXCHANGE AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND BROOKDALE COVENANT CHURCH WHEREAS, to facilitate Brooklyn Boulevard Phase I Project (SP# 109-020-013), and pursuant to the City's authority under Minn. Stat. §412.211, the City and Brookdale Covenant Church of Brooklyn Center, Minnesota, a Minnesota nonprofit corporation ("BCC"), desire to exchange two properties upon the terms and conditions set forth in the Land Exchange Agreement ("Agreement"), a copy of which is attached as to this resolution as Exhibit 1; and WHEREAS, the City-owned property to be conveyed to BCC is depicted in yellow on the attached Exhibit 2; and WHEREAS, the BCC owned property to be conveyed to the City is depicted in blue on the attached Exhibit 2. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The exchange of the City owned property for the BCC owned property upon the terms and conditions set forth in the agreement, is hereby approved; and 2.City staff and City Attorney are directed to take all actions necessary and appropriate to execute and implement the terms of the Agreement, including without limitation, to close on the land exchange. December 11, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Exhibit I LAND EXCHANGE AGREEMENT This Land Exchange Agreement ("Agreement") is made this day of 201, by and among the City of Brooklyn Center, a Minnesota municipal corporation (the "City") and Brookdale Covenant Church of Brooklyn Center, Minnesota, a Minnesota nonprofit corporation ("BCC"). RECITALS A.BCC owns a property located at 5139 Brooklyn Blvd., Brooklyn Center, MN, 55429 (PID# 1011821110010) (the "Church Property"); B.To facilitate the Brooklyn Boulevard, Phase I Project (SPH 109-020-013) (the "Project"), the City would like to acquire the portion of the Church Property depicted in blue on the attached Exhibit A and legally described on the attached Exhibit B (the "Lilac Drive Parcel"); C.The City owns a parcel of real property abutting the Church Property, depicted in yellow on the attached Exhibit A and legally described on the attached Exhibit B (the "MnDOT Parcel"), which BCC would like to use to expand its parking lot; D.Based upon a mutual mistake made during BCC's acquisition of the Church Property, title records indicate that a strip of an old wagon road abutting the Church Property, depicted in purple on the attached Exhibit A and legally described on the attached Exhibit B, is owned by Rice Brother, Inc. (the "Gap Parcel"). BCC would like to use the Gap Parcel to expand the area needed for internal traffic circulation within the Church Property; Collectively, the Lilac Drive Parcel, MnDOT Parcel and Gap Parcel shall be referred to in this Agreement as the "Properties"; and F. In exchange for BCC's conveyance of the Lilac Drive Parcel and its grant of a right-of-entry/temporary construction easement, the City is willing to i) convey the MnDOT Parcel to BCC, ii) spend up to $7,000 to assist BCC in acquiring insurable title to the Gap Parcel; and iii), as part of the Project, perform certain parking and driveway improvements on the Lilac Drive Parcel, MnDOT Parcel and the Gap Parcel for BCC (collectively the "Land Exchange"). AGREEMENT The parties agree as follows: 1. OFFER/ACCEPTANCE. In consideration of the mutual agreements herein contained, the City offers and agrees to convey the Iv1INDOT Parcel to BCC; and BCC offers and agrees to convey the Lilac Drive Parcel to the City. Each party accepts the parcels so offered. 509409v4 MPF BR291-376 2. TERMS. This exchange of real property shall not involve any cash to either party from the other. As additional consideration, the City agrees to the following. A.Parking and driveway improvements. At its sole expense, the City will construct improvements to the driveway and parking areas, as generally depicted on Exhibit C to this Agreement (the "Improvements"). The City shall construct the Improvements consistent with the materials, performance standards (including without limitation any warranty) and work limitations provided in the contract documents currently being drafted for the Project, a copy of which will be furnished to BCC prior to commencement of the work, The City shall provide its draft plans to BCC and, within twenty (20) days of receipt of such plans, BCC may provide input on the design of the Improvements. All final decisions regarding design and construction shall be within the City's reasonable discretion. B.Declaratory Judgment. The City shall retain counsel to obtain a declaratory judgment that will reform the legal description of the Church Property to include the Gap Parcel, The City shall work with BCC to find a title company that will insure BCC's title to the Gap Parcel. The City shall pay up to Seven Thousand and 00/100 Dollars ($7,000.00) towards legal fees and costs of such declaratory judgment action or other requirements of the title company necessary to provide insurable title to the Gap Parcel. BCC shall be responsible for any legal fees and costs in excess of $7,000.00. C. Sign relocation, At its sole expense, the City will relocate the Church's sign to the approximate location within the Church Property designated with an X on Exhibit A. 3. CONTINGENCIES. A.City. City Council approval of this Agreement and determination that the MnDOT Parcel is no longer needed for right-of-way purposes and may be vacated. This contingency is for the sole benefit of and may be waived by the City. B.BCC. The consent of BCC's mortgagees to this exchange and their release of the Lilac Drive Parcel from all mortgage lien(s) and UCC financing statements and other financing documents associated with the Church Property. This contingency is for the benefit of and may only be waived by both parties. 4. DEED/MARKETABLE TITLE. Subject to performance by BCC, the City agrees to execute and deliver a limited warranty deed conveying marketable fee title to the MnDOT Parcel to BCC and, as provided in pgraph 2.13 of this Agreement, to undertake to assist BCC in acquiring insurable title to the Gap Parcel. Subject to performance by the City, BCC agrees to execute and 2 509409v4 MPF BR291-376 deliver a limited warranty deed conveying marketable fee title to the Lilac Drive Parcel to the City. The limited warranty deeds delivered hereunder shall be subject only to the following exceptions: A Reservation of minerals or mineral rights to the State of Minnesota, if any; B. Easements, restrictions and encumbrances of record as of the closing or otherwise disclosed in the title evidence procured by each such party, and to which no objections were made, as further provided in pggraph 6 of this Agreement. S. DOCUMENTS TO BE DELIVERED AT CLOSING, A. In addition to the limited warranty deed required by paragraph 4 of this Agreement, the City shall deliver to BCC with respect to the MnDOT parcel: An affidavit of seller indicating that on the closing date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving the City or the MnDOT Parcel for which payment has not been made or for which mechanic's liens could be filed; and that there are no other recorded interests in the MnDOT Parcel, together with whatever standard owner's affidavit and/or indemnity (ALTA form) that may be required by the a title company to issue an owner's policy of title insurance with standard exceptions deleted; 2.Well disclosure certificate, if required; 3.A non-foreign affidavit, properly executed, containing such information as is required by the Internal Revenue Code Section 1445(b)(2) and its regulations; and 4. Such other documents as may be reasonably required by BCC's title examiner or title insurance company. B. In addition to the limited warranty deed required by paragraph 4 of this Agreement, BCC shall deliver to the City: 1, An easement over the Lilac Drive Parcel for right-of-way and utility purposes; 2.A right-of-entry/temporary easement, in a form acceptable to the City, permitting the City to access the Church Property to perform the Improvements; 3.An affidavit of seller indicating that on the closing date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving BCC or the Lilac Drive Parcel for which payment has not been 3 509409v4 MPF BR291-376 made or for which mechanic's liens could be filed; and that there are no other recorded interests in the Lilac Drive Parcel, together with whatever standard owner's affidavit and/or indemnity (ALTA form) that may be required by the a title company to issue an owner's policy of title insurance with standard exceptions deleted; 4.Well disclosure certificate, if required; 5.A non-foreign affidavit, properly executed, containing such information as is required by the Internal Revenue Code Section 1445(b)(2) and its regulations. 6. Such other documents as may be reasonably required by the City's title examiner or title insurance company. 6.MARKETABILITY OF TITLE. As soon as reasonably practicable after the execution of this Agreement by the parties, BCC and the City shall each obtain the title evidence each determines is necessary or desirable and each shall have ten (10) business days from the date it receives such title evidence to raise any objections to title. Objections not made within the expiration of such time, or within 30 days of the execution of this Agreement, whichever date is earlier, will be deemed waived. The City or BCC may cause a cure satisfactory to it or may give written notice to the other that it elects not to cure. The parties' rights and obligations with respect to the Gap Parcel set forth in paragraph of this Agreement are not governed or modified by this paragraph. 7.REPRESENTATIONS AND WARRANTIES; "AS IS" SALE. A. To induce BCC to enter into this Agreement, the City represents and warrants to BCC as follows: The City has duly and validly authorized and executed this Agreement, and has full right, title, power, and authority to enter into this Agreement and to consummate the transactions provided for herein. 2. The execution by the City of this Agreement and the consummation by the City of the transactions contemplated hereby do not, and the closing will not, result in a breach of any of the terms and provisions of, or constitute a default or a condition, which upon notice or lapse of time or both would ripen into a default, under any indenture, agreement, instrument, or obligation to which the City is a party; and does not, and at the closing will not, constitute a violation of any laws, order, rule, or regulation applicable to the City of any court or of any federal, state, or municipal regulatory body or administrative agency or other governmental body having jurisdiction over the City. 4 5094090 MPF BR291-376 There are no actions, suits, or proceedings pending, or to the actual knowledge of the City, threatened, before or by any judicial body or any governmental authority, against the City, which would affect in any material respect the City's ability to proceed with the transactions contemplated by this Agreement. B.To induce the City to enter into this Agreement, BCC represents and warrants to the City as follows: BCC has duly and validly authorized and executed this Agreement, and has full right, title, power, and authority to enter into this Agreement and to consummate the transactions provided for herein. 2. The execution by BCC of this Agreement and the consummation by BCC of the transactions contemplated hereby do not, and the closing will not, result in a breach of any of the terms and provisions of, or constitute a default or a condition, which upon notice or lapse of time or both would ripen into a default, under any indenture, agreement, instrument, or obligation to which BCC is a party; and does not, and at the closing will not, constitute a violation of any laws, order, rule, or regulation applicable to BCC of any court or of any federal, state, or municipal regulatory body or administrative agency or other governmental body having jurisdiction over DCC. There are no actions, suits, or proceedings pending, or to the actual knowledge of BCC, threatened, before or by any judicial body or any governmental authority, against BCC, which would affect in any material respect BCC's ability to proceed with the transactions contemplated by this Agreement. C.Both parties acknowledge that they have inspected or have had the opportunity to inspect the parcel that they are receiving and agree to accept the parcel "AS IS." Except as expressly provided elsewhere in the Agreement, such sale shall be without representation of warranties, express or implied, either oral or written, made by the party or any official, employee or agent of the party with respect to the physical condition of the parcel, including but not limited to, the existence or absence of petroleum, hazardous substances, pollutants or contaminants in, on, or under, or affecting the parcel or with respect to the compliance of the parcel or its operation with any laws, ordinances, or regulations of any government or other body. The parties acknowledge and agree that they have not made and do not make any representations, warranties, or covenants of any kind or character whatsoever, whether expressed or implied, with respect to warranty of income potential, operating expenses, uses, habitability, tenant ability, or suitability for any purpose, merchantability, or fitness of the parcel being conveyed for a particular purpose, all of which warranties each party hereby expressly disclaims. 5094090 MPF BR291-376 S. APPRAISAL WAIVER. BCC is fully aware of the City's need to acquire the Lilac Drive Parcel for its project. It is also aware of its right to have the City appraise and provide just compensation for the Lilac Drive Parcel. BCC has decided that, in exchange for the consideration set forth in this Agreement, it wishes to donate the Lilac Drive Parcel and any right-of-entry/temporary easement needed for the City to perform the Improvements. It hereby waives its right to have its property appraised and waive any and all rights to compensation in excess of the obligations set forth in this Agreement. 9, ENVIRONMENTAL MATTERS. A.Each party warrants that its property has not been used for production, storage, deposit, or disposal of any toxic or hazardous waste or substance, petroleum product, or asbestos product during the period of time the party has owned the property. Each party further warrants that it has no knowledge or information of any fact that would indicate its property was used for production, storage, deposit, or disposal of any toxic or hazardous waste or substance, petroleum product, or asbestos product prior to the date the party purchased its property. B.Each party and its agents shall have the right to enter upon the other's property after the date of this Agreement for the purpose of inspecting and surveying the property it will acquire and conducting such environmental examination and tests as it deems necessary. Each party agrees to indemnify the other, to the extent such indemnification is legally authorized, against any liens, claims, losses, or damage occasioned by the other party's exercise of its right to enter and work on the property. Each party agrees to provide, upon request, to the other party a copy of any report as a result of such examination and tests. If such environmental examination results in a finding that there are or may be pollutants or contaminants on the property it will be receiving at closing, the party proposed to receive the property may terminate this Agreement at any time prior to the closing date. 10. POST-CLOSING TASKS. In addition to the tasks described in paragraph 2.13 of this Agreement, the Parties contemplate that the following tasks and obligations of the Parties will be performed after and shall survive Closing. A. PLATTING/SUBDIVISION. Subsequent to Closing, the Church Property may need to be platted or subdivided before the City can record its deed in the Lilac Drive Parcel, BCC shall work cooperatively with the City to obtain all necessary approvals of any required platting or subdivision. The City shall be responsible for all fees and costs associated with obtaining such approvals and the recording of associated documents. 509409v4 MPF BR29-376 B. VACATION OF COUNTY INTERESTS. Subsequent to Closing and the completion of the declaratory judgment action described in pagraph 2.13 of this Agreement, the City shall contact Hennepin County and request that it vacate any interest in has in the Gap Parcel. If any costs are associated with the vacation process, the parties will negotiate in good faith to determine which shall be responsible. 11. CLOSING DATE. The closing of the Land Exchange shall take place on or before Friday, January 27, 2017 (the "Closing Date"), or such other date as is mutually agreed upon by the parties. 12.CLOSING COSTS AND RELATED ITEMS. BCC will be responsible for the following with respect to the MnDOT Parcel and Gap Parcel: A.Premiums and title company fees with respect to the MnDOT Parcel and Gap Parcel; B.Recording fees of instruments required to establish marketable title in the MnDOT Parcel and Gap Parcel; C. Recording fee for well disclosure certificate, if required, with respect to the MnDOT Parcel and Gap Parcel; D.State deed tax, if any, associated with the Lilac Drive Parcel; E.Fees associated with any mortgagee consent necessary to provide marketable title to the Lilac Drive Parcel; F.Unpaid real estate taxes or special assessments, if any, that must be paid to record the deed to the Lilac Drive Parcel; and G.Half of any closing fee charged by the title company conducting the closing. The City will be responsible for the following: A.Premiums and title company fees associated with the Lilac Drive Parcel; B.Recording fees of instruments required to establish marketable title in the Lilac Drive Parcel; C.Recording fee for the well disclosure certificate, if required, for the Lilac Drive Parcel; D.State deed tax, if any, associated with the MnDOT Parcel and Gap Parcel; 7 509409v4 MPF BR291-376 E.Unpaid real estate taxes or special assessments, if any, that must be paid to record the deed to the MnDOT Parcel; and F.Half of any closing fee charged by the title company conductingthe closing. Each party will be responsible for its own attorneys' fees and costs. 13. POSSESSION/CONDITION OF PROPERTY. A.Possession. The parties agree to deliver possession of their respective parcels not later than date of closing ("Date of Possession"). B.Condition of Property/No Personal Property. Each party shall deliver possession of its respective parcel to the other party on the Date of Possession in the same condition as the property existed on the date of this Agreement. Each party acknowledges that there is no personal property included in this exchange. 14. DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Each party certifies to the other party that it does not know of any individual sewage treatment system on the property it will transfer. 15.WELL DISCLOSURE. Each party certifies to the other party that it does not know of any wells on the property it will transfer. 16.BROKER COMMISSIONS. BCC and the City represent and warrant to each other that there is no broker involved in this transaction with whom either has negotiated or to whom either has agreed to pay abroker commission. 17.NO MERGER OF REPRESENTATIONS, WARRANTIES. All representations and warranties contained in this Agreement shall not be merged into any instruments or conveyance delivered at closing, and the parties shall be bound accordingly. 18.ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire agreement between the parties and no other agreement prior to this Agreement shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties or their respective successors or assigns. 19.BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 20.NOTICE. Any notice, demand, request or other communication that may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is hand delivered, one (1) business day following the date the same is deposited with a nationally recognized overnight courier (e.g., Fed Ex), or three (3) business days following the date the same is 509409v4 MPF BR291-376 deposited in the United States Mail, registered or certified, postage prepaid and addressed as follows: A.If to BCC: Brookdale Covenant Church 5139 Brooklyn Blvd, Brooklyn Center, MN 55429 with a copy to: Julie Peterson, Esq. Erickson, Peterson, Cramer 100 North Field Drive, Suite 320 Lake Forest, Illinois 60045 B.If to the City: Brooklyn Center ATTN: Mike Albers 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 with a copy to: Douglas D. Shaftel, Esq. Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 21.SPECIFIC PERFORMANCE. This Agreement may be specifically enforced by the parties, provided that any action for specific enforcement is brought within six (6) months after the date of the alleged breach. This paragraph is not intended to create an exclusive remedy for breach of this Agreement; the parties reserve all other remedies available at law or in equity. The prevailing party shall be entitled to an award of attorneys' fees and costs associated with the enforcement of this agreement. 22.COUNTERPARTS, This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 23.RECITALS. The Recitals set forth in the preamble to this Agreement and the Exhibits attached to this Agreement are incorporated into this Agreement as if filly set forth herein. 24.PARTNERSHIP OR JOINT VENTURE. Nothing in this Agreement shall be construed or interpreted as creating a partnership or joint venture between BCC and the City. 25. GOVERNING LAW. The provisions of this Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 26, TIME IS OF THE ESSENCE. Time is of the essence to the parties' rights and obligations under this Agreement. 9 509409v4 MPF BR291-376 27.FURTHER ASSURANCES. Each party agrees that it will execute and deliver such other documents and take such other action, whether prior or subsequent to Closing, as may reasonably be requested by the other party, to further consummate the transaction contemplated by this Agreement, without further consideration. 28.EFFECTIVE DATE, The effective date is the date that the last party executes this Agreement, as evidenced by the dates in the signature blocks below, If either party fails to date this Agreement by its signature, the date by the signature of the other party shall constitute the Effective Date. Upon execution, a party shall promptly forward a signed original to the other party. [Remainder ofpage intentionally left blank] 10 509409v4 MPF 0R291-376 IN WITNESS WHEREOF, the parties have executed this Agreement as of the above date, BROOKDALE COVENANT CHURCH Dated: , 201_ By: Name: Its: Dated: ,201 By: Name: Its: Signature page to Land Exchange Agreement 509409v4 MPF BR291-376 CITY OF BROOKLYN CENTER Dated: , 20_ By: Mayor Dated: ,20_ By: City Manager Signature page to Land Exchange Agreement 509409v4 MPF BR291-376 EXHIBIT A Depiction of the Lilac Drive Parcel, MnDOT Parcel and Gap Parcel [attached] A-i 509409v4 MPF BR291-376 'U ri H' ZI :-—i III0l I i III: 1110 - ,_,'j lit It >0 III -' it 10 I'll I? d I-, 'I!) I!,I !!: : -I 1-i j I/I \ / Ifif I , / MINE= i. 0 C, -c C)>0L) cc 0 002:0 coo o ccI- 10 o z> X00O OF- 0> cc zzccx ,-0 =0 a,000= Oc010>0 100 0Z 001-Wa, 0F cr0 ci 0 0cc0O00 0E- 0z i- >a, 20 01-)C > CO 10 Li. Li.0 0 2:w z OgO0o ci 00 ==W J >0 _JF- 0 .-J 0 ci 00 2 02 LCLI 01 0EEE;I I / a 1 4 4 /'' - I)) Cl 0) U- EXHIBIT B Legal description of the Lilac Drive Parcel, MnDOT Parcel and Gap Parcel [attached] B-i 509409v4 MPF BR291-376 CITY OF BROOKLYN CENTER 5139 BROOKLYN BOULEVARD RIGHT OF WAY ACQUISITION SRF No. 9354 OCTOBER 17, 2017 Lilac Drive Parcel That part of the following described property lying northwesterly and northerly of the following described 'Line A" and its prolongations. Said described property being that part of the Northeast Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as follows: Beginning at the point of intersection of the southeasterly line of the right of way of State Trunk Highway No. 100 with a line drawn East from a point on the west line of said Northeast Quarter of the Northeast Quarter distant 518 feet South of the northwest corner of said Northeast Quarter of the Northeast Quarter; thence East 64.2 feet to the southwesterly line of the right of way of State Highway No. 152; thence southeasterly along said right of way line of State Highway No. 152 a distance of 525 feet; thence West 200 feet; thence northwesterly parallel with said right of way line of State Highway No. 152 a distance of 75 feet; thence West 292.50 feet to said right of way line of State Trunk Highway No. 100; thence northeasterly along said right of way line of State Trunk Highway No. 100 a distance of 493.9 feet to the point of beginning. "Line A" is described as beginning at the intersection of the southerly line of said described property with a line run parallel with and distant 44.00 feet southeasterly of the southeasterly right of way line of said State Trunk Highway No. 100; thence northeasterly along said parallel line a distance of 287.93 feet; thence northeasterly 152.24 feet along a tangential curve concave to the southeast having a radius of 190.00 feet and a central angle of 45 degrees 54 minutes 32 seconds; thence easterly, tangent to said curve, a distance of 29.22 feet to the southwesterly right of way line of said State Highway No. 152 (Brooklyn Boulevard) and said "Line A" there terminating. H:\Projects\09000\9354\RW\Legals\5139 Brooklyn Blvd. docx 5125950 DDS 8R291-376 CITY OF BROOKLYN CENTER 5139 BROOKLYN BOULEVARD RIGHT OF WAY VACATION SRF No. 9354 OCTOBER 17,2017 MnDOT Parcel That part of the following described property lying easterly of a line run parallel with and distant 35.00 feet westerly of the following described "Line B". Said described property being that part of the Northeast Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as follows: Beginning at the point of intersection of the southeasterly line of the right of way of State Trunk Highway No. 100 with a line drawn East from a point on the west line of said Northeast Quarter of the Northeast Quarter distant 518 feet South of the northwest corner of said Northeast Quarter of the Northeast Quarter; thence East 64.2 feet to the southwesterly line of the right of way of State Highway No. 152; thence southeasterly along said right of way line of State Highway No. 152 a distance of 525 feet; thence West 200 feet; thence northwesterly parallel with said right of way line of State Highway No. 152 a distance of 75 feet; thence West 292.50 feet to said right of way line of State Trunk Highway No. 100; thence northeasterly along said right of way line of State Trunk Highway No. 100 a distance of 493.9 feet to the point of beginning. That part of said Section 10 described as commencing at the northwest corner of said Northeast Quarter of the Northeast Quarter; thence South 518 feet; thence East to the southwesterly line of State Highway No. 152; thence southeasterly 600 feet along said southwesterly line to point of beginning of the land to be described; thence West 200 feet; thence northwesterly 75 feet parallel with the southwesterly line of Highway No. 152; thence East 200 feet to the southwesterly line of Highway No. 152; thence southeasterly along the southwesterly line of Highway No. 152 to the point of beginning. "Line B" is described as commencing at the northeast corner of said Section 10; thence westerly on an azimuth of 271 degrees 31 minutes 59 seconds along the north line of said Northeast Quarter of the Northeast Quarter a distance of 623.78 feet; thence southwesterly deflecting to the left 58 degrees 55 minutes 00 seconds a distance of 289.80 feet; thence southeasterly defecting to the left 52 degrees 34 minutes 45 seconds a distance of 1162.34 feet; thence westerly deflecting to the right 113 degrees 05 minutes 06 seconds a distance of 65 feet; thence northwesterly 67,62 feet along a 512595v1 DDS BR291-376 tangential curve concave to the northeast having a radius of 50.00 feet and a central angle of 77 degrees 28 minutes 56 seconds to the beginning of said "Line B"; thence northwesterly, tangent to said curve, a distance of 600 feet and said "Line B" there terminating Gap Parcel Together with that part of said Northeast Quarter of the Northeast Quarter described as commencing at the northeast corner of said Section 10; thence westerly on an azimuth of 271 degrees 31 minutes 59 seconds along the north line of said Northeast Quarter of the Northeast Quarter a distance of 623.78 feet; thence southwesterly deflecting to the left 58 degrees 55 minutes 00 seconds a distance of 289.80 feet; thence southeasterly defecting to the left 52 degrees 34 minutes 45 seconds a distance of 367.85 feet to the actual point of beginning; thence southeasterly along the prolongation of the last described line a distance of 350.16 feet; thence southerly deflecting to the right 08 degrees 24 minutes 58 seconds a distance of 147.11 feet; thence southerly deflecting to the right 17 degrees 48 minutes 56 seconds a distance of 16.42 feet to the southeast corner of said described property; thence northwesterly along the easterly line of said described property a distance of 512.09 feet to the terminus of the following described "Line A"; thence northeasterly a distance of 28.53 feet to the point of beginning. "Line A" is described as beginning at the intersection of the southerly line of said described property with a line run parallel with and distant 44.00 feet southeasterly of the southeasterly right of way line of said State Trunk Highway No. 100; thence northeasterly along said parallel line a distance of 287.93 feet; thence northeasterly 152.24 feet along a tangential curve concave to the southeast having a radius of 190.00 feet and a central angle of 45 degrees 54 minutes 32 seconds; thence easterly, tangent to said curve, a distance of 29.22 feet to the southwesterly right of way line of said State Highway No. 152 (Brooklyn Boulevard) and said "Line A" there terminating. Reserving an easement for utility purposes over the above described parcels. 512595v1 DDS BR291-376 EXHIBIT C Sketch of Improvements [attached] 509409v4 MPF BR291-376 N 9 t I '',' \ \ ___/ / \ 6 -3 < ^ / t SCALE IN FEET_Go'7 fffffff 2s Gj)'/ft / N sij CHAN GE \ - I mw IN \ \ \\\\ \\\ \\ 1 BROOIKDALE COVENANT if CHURCH I \\ \\ \' \ / , \ D&U ESMT Jfill ;' 72 ------y Y /I ii SIGN A LIHTING UNIT TO ELOCA U LOCATION TO BE DETERM INED PROP. R/W';, %' I -4'--- low— —POO------------------/ ------ ---_- - i EEEE========__===__________iX- ---BROOKLYN BLVD — — — — — — — — — —_ — — —l E f E E =====__=-------------------------- C1 DI rookdaIe Covenant Church Site Design Figure 1\ k Consulting Group, Inc. Brooklyn Boulevard Phase 1 Job 99354 City of Brooklyn Center, MN 10/2612017 II N \'c \ WYK Amid Exhibit 2 0 30 60 SCALE IN FEETEli INS \\ \\ V \\\ %r \ \\ -,\ \\\\ LEGEND MNDOT TURN BACK TO BE CONVEYED TO BROOKDALE COVENANT CHURCH HENNEPIN COUNTY TO CONVEY TO BROOKDALE COVENANT CHURCH BROOKDALE COVENANT CHURCH TO CONVEY TO CITY OF BROOKLYN CENTER k/N)AREA ENCUMBERED BY CITY ANDI2< /I PRIVATE UTILITIES EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY I, \ \\ \ ,1 \\\ \\ \\ I \ \ \\ \\ I \\\\\\\ \\ \\\\ \\\\ I -4-. \\\\ \\\ \\ If slIt\\ \ /\\ \\\\ \\ \\\\ '\\ \\ It \1t1 / \ I Ill II \ n. R/W ; 1 1 \\ 1'3 PROPERTY DESCRIBEDL-W-- —---' I '3 J77 — -_./ / /PROP D&U ESMT PROP R/O JiJ.L*—Thf - T TIN I / \ /,// \ </ \\ A / III N.. - I I II I — . 35Q ,1 fl BROOKLYN LVD, L EVIA i E] rookdaIe Covenant Church Right of Wa Consulting Group, Inc. Brooklyn Boulevard Phase 1 Job 09354 City of Brooklyn Center10/17/2011 Figure 1 Cily C©uurd]1 Af1nd1 I[rn N0 6 EI1$J[iJ I fl Dk'1 UhYA I MYA [I) 1WI )1BJ I DATE: December 5, 2017 TO: Curt Boganey, City Mana FROM: Mike Albers, Acting City Engineerfl SUBJECT: An Ordinance Vacating a Portion of Right-of-Way: Lilac Drive North Recommendation: It is recommended that the City Council consider approval of first reading and setting second reading and Public Hearing for January 22, 2018, on An Ordinance Vacating a Portion of Right- of-Way: Lilac Drive North. Background: On May 9, 2016, the City Council directed staff to proceed with the preliminary design, environmental documentation, easement acquisition and final design work for the Brooklyn Boulevard Corridor Project Phase 1 (49tu1 Avenue to Bass Lake Road), Project No. 2018-05, SP 109-020-013. The City of Brooklyn Center owns a fee interest in certain lands originally acquired for highway purposes, all of which are located adjacent to Lilac Drive North, legally described in the attached Exhibit A. The subject area for vacation was formerly used for a section of roadway that is being removed as part of the Boulevard Corridor Project Phase 1. This vacated area would be used to mitigate the loss of parking on the Brookdale Covenant Church property due to the installation of a new signal at Trunk Highway 100 South Ramp and the extension of Lilac Drive North. The property owner will be required to dedicate a drainage and utility easement over the vacated portion of the right-of-way to maintain access to the existing utilities within the vacated area. Consistent with the City Charter, a first reading to establish a date for a second reading and public hearing to consider the proposed ordinance is requested for January 22, 2018. Budget Issues: There are no budget issues to consider. Strategic Priorities: o Key Transportation Investments Mission: Ensuring an attractive, clean, sa fe, inclusive community (hut 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 22 day of January, 2018, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating certain public right-of-way adjacent to Lilac Drive North. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF RIGHT-OF-WAY: LILAC DRIVE NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. The City of Brooklyn Center owns a fee interest in certain lands originally acquired for highway purposes, all of which are located adjacent to Lilac Drive North, legally described in the attached Exhibit A. Article II. The above-described public right-of-way is hereby vacated. Article M. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this ____ day of , 2018. Mayor ATTEST: City Clerk Date of Publication Effective Date I :i:u I H Legal Description That part of the following described property lying easterly of a line running parallel with and distant 35.00 feet westerly of the following described "Line B". Said described property being that part of the Northeast Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as follows: Beginning at the point of intersection of the southeasterly line of the right-of-way of State Trunk Highway No. 100 with a line drawn East from a point on the west line of said Northeast Quarter of the Northeast Quarter distant 518 feet South of the northwest corner of said Northeast Quarter of the Northeast Quarter; thence East 64.2 feet to the southwesterly line of the right-of-way of State Highway No. 152; thence southeasterly along said right-of-way line of State Highway No. 152 a distance of 525 feet; thence West 200 feet; thence northwesterly parallel with said right-of-way line of State Highway No. 152 a distance of 75 feet; thence West 292.50 feet to said right-of-way line of State Trunk Highway No. 100; thence northeasterly along said right-of-way line of State Trunk Highway No. 100 a distance of 493.9 feet to the point of beginning. And That part of said Section 10 described as commencing at the northwest corner of said Northeast Quarter of the Northeast Quarter; thence South 518 feet; thence East to the southwesterly line of State Highway No. 152; thence southeasterly 600 feet along said southwesterly line to point of beginning of the land to be described; thence West 200 feet; thence northwesterly 75 feet parallel with the southwesterly line of Highway No. 152; thence East 200 feet to the southwesterly line of Highway No. 152; thence southeasterly along the southwesterly line of Highway No. 152 to the point of beginning. "Line B" is described as commencing at the northeast corner of said Section 10; thence westerly on an azimuth of 271 degrees 31 minutes 59 seconds along the north line of said Northeast Quarter of the Northeast Quarter a distance of 623.78 feet; thence southwesterly deflecting to the left 58 degrees 55 minutes 00 seconds a distance of 289.80 feet; thence southeasterly defecting to the left 52 degrees 34 minutes 45 seconds a distance of 1162.34 feet; thence westerly deflecting to the right 113 degrees 05 minutes 06 seconds a distance of 65 feet; thence northwesterly 67.62 feet along a tangential curve concave to the northeast having a radius of 50.00 feet and a central angle of 77 degrees 28 minutes 56 seconds to the beginning of said "Line B"; thence northwesterly, tangent to said curve, a distance of 600 feet and said "Line B" there terminating. Ctty C©imiid AIdlld1 ]Ithm N©0 6fi IEII1PJ[Si I I I Dk'4 I II'A 0] 1I I1PJhA I DATE: December 5, 2017 TO: Curt Boganey, City Managfi THROUGH: Mike Albers, Acting City Engineer 1 FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Resolution Approving Final Plat for Shingle Creek Crossing 6th Addition Recommendation: It is recommended that the City Council consider resolution approving final plat for SHINGLE CREEK CROSSING 6th ADDITION, Background: The attached final plat for SHINGLE CREEK CROSSING 6 " ADDITION facilitates a corrective action to property ownership of Lot 1, Block 2 Shingle Creek Crossing (FDA Parcel). The City Council approved the proposed preliminary plat based upon certain conditions per City Council Resolution No. 2017-175, The Planning Commission reviewed and approved the development plans for Lot 1, Block 1 and SHINGLE CREEK CROSSING 6th ADDITION on November 30, 2017; Planning Commission Resolution No. 2017-16 and found the final plat consistent with the approved preliminary plat. The applicant is now seeking final plat approval from the City Council. The final plat is in general conformance with the approved preliminary plat. The final plat is recommended for approval subject to the conditions established by the Acting City Engineer, conditions established by the City Attorney based on a review of an updated title commitment provided by the applicant (within the past 30 days), conditions as previously approved by the City Council and any conditions established by Hennepin County for recording of the plat documents. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment Mission: Ensurfn' an attractive, clean, safe, inclusive coJnnunily that enhances the qua//iv of life for al/people (uUlpJ'eserPes the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT FOR SHINGLE CREEK 6TH ADDITION WHEREAS, the City Council approved the proposed preliminary plat for SHINGLE CREEK 6TH ADDITION based on certain conditions as set forth in City Council Resolution No. 2017-175; and WHEREAS, the applicant has applied for approval of the final plat for SHINGLE CREEK 6TH ADDITION as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the final plat for SHINGLE CREEK 6TH ADDITION is hereby approved, subject to the following conditions: Conditions as previously required by the City Council pertaining to the development's Preliminary Plan approval in accordance with City Council Resolution No. 2017-175. 2.Evidence of title satisfactory to the City Attorney and Acting City Engineer. 3.Any other conditions as established by Hennepin County for recording of said Final Plat. 4. Prior to release by the City of the final, approved plat, the owner must reimburse the City the full amount of legal fees incurred by the City in obtaining a review or opinion of title. December 11, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. KNOW ALL PERSONS BY THESE PRESENTS: That Shingle Creek, LLC, a Delaware limited liability company, owner and proprietor of the following described property situated Is the County of Hennepin, State of Minnesota, to wit: Lot I, Black 2, except that part embraced within Tract A, Registered Land Survey No. 1430, Shingle Creek Crossing AND Outlet A, Shingle Crank Crossing 2nd Addition And that the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic organized under the lows of the State of Minnesota, owner and proprietor of the following described property situated is the County of Hennepin, State of Minnesota, to wit: That part of Lot I, Block 2, embraced within Tract A, Registered Land Survey No. 1430, Shingle Creek Crossing Have caused the some to be surveyed and platted as SHINGLE CREEK CROSSING 6TH ADDITION and do hereby dedicate to the public, for public use forever, the drainage and utility eanemestu as shown on sold plot. Inwitness whereof said Shingle Creek, LLC, u Delaware limited liability company, has caused these presents to be signed by its proper officer this __ day of ______._, 20__. SIGNED:___....___ its President Frankilu C. Oaths III STATE OF COUNTY OF The foregoing Instrument was acknowledged before me this _. day of ...._, 20__.. by Franklin C. Oaths Ill the President of Shingle Creek, LLC, o Delaware limited liability company, on behalf of said company. Notary Public, County, My Commission Expires: In witness whereof said the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic organized under the lows of the State of Minnesota, has caused these presents to be signed by its proper officers this __ day of . ........, 20__. Economic Development Authority of Brooklyn Center, Minnesota SIGNED: _____.______.. its SIGNED: _____________- its BROOKLYN CENTER, MINNESOTA This plot of SHINGLE CREEK CROSSING 6TH ADDITION was approved and accepted by the City Council of Brooklyn Center, Minnesota, at o regular meeting thereof held this day of 20 __ If applicable, the written comments and recommendations of the Commissioner of Transpurtation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, on provided by Minn. Statutes, Section 505.03. Subd. 2. CITY COUNCIL OF BROOKLYN CENTER, MINNESOTA BY: BY: RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota I hereby certify that tones payable in 20.._ and prior years have been paid for land described on this Plot, dated this -- day of ._.. ____, 20..._. Mark V. Chapin, Hennepin County Auditor BY: SURVEY DIVISION, Hennepin County, Minnesota Pursuant to Minnesota Statutes, Sec. 383B.565 (1969), this plot has been approved this day of _ ___.., 20........ Chris F. Mavis, County Surveyor BY: REGISTRAR OF TITLES, Hennepin County, Minnesota I hereby certify that the within plot of SHINGLE CREEK CROSSING 6TH ADDITION was filed In this office this day of ________-, 20___ at o'clock _.M. Martin McCormick, Registrar of Titles SyNCH HARK 5LOWER BEARING DISTANCE LI s89'43154'E 109.87 L2 u44'43'53'E 37.36 L3 645'16'06'E 37.36 L4 SON'43'54'E 23.83 L5 se2'2o'sa'w 2.47 LB 674'53'58'w 53.86 Li Be'24'10'w 112.82 LB 649'45'00'vl 30.27 LN N7'31'5e'w 09.63 LIO 040'31'02'E 51.16 LII 1188'06'OB'E 51.27 L12 ON'3l'33'E 70.74 L13 ulrno'oi'E 20.14 Ll4 525'5I'23'E 53.26 LI5 SI9'40'24'E 91.02 L16 055'54'42'E 36.44 L17 ulI'13'00'w 45.43 ]i/kY(I [ ;L1/JL.1il4 'J'JH(JA' NLSNO85 ! L°° SQNRE 4=10026x540 l'i///-i 'Z-qR348.70 L=63,59 c.aRf=cs7.r/9'oo"w1 ..T,hW'.'c;LE CREEK \ \ :11 CREEK CROSSNG 2ND 27N flL/L) I tin tO N15'04106"W3715 WESIORLY/ EDGE OF DITCH '3t96.0 C! US ol I I!S7 916 L=I00.56 SASS LKE ROAD COtWfl' ROAD NO. 10.)1W b' f •.e.°fl."o' 9 ' DRAINAGE AND31. . 0p ,,8 lie T"UTlLlTY EASEMENT.1 / fW'1 - - 00'/ It N'LT LINE OF LOT I, ELK 2,L4 . sveocLc CREEK CROSSING 8.14- S88'/34'EI4.14-"- ,-., (• 79849I `_R:A=42'Il'07'•R-I5.G50 sixIla3e4 iT / L'228A t's In L07' I Cri E O*r I BLOCK 1 DRANAGE 960 ..v.\ r?2'n. \ 3528203 & 3550312UTILITY EASEMENT - .t__D P0G..1R. 'T f-OUVD IRCWal 13792 STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of .... _.., 20... by the and by the._____.. of Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic organized under the laws of the State of Minnesota, on behalf of said public body corporate and politic. 0Notary Public ,__ County, _ -6a31My Commission Eupires \ y I, Mark S. Hanson, do hereby certify that this plot was prepared by me or under my direct supervision; that I am the 'o duly Licensed Land Surveyor in the State of Minnesota; that this plot is a correct representation of boundary that data and labels are correctly designated on the that all monumentssurvey all mathematical plot;\2 2.6 -----.çss_ depicted the have been, be correctly set within one that all water boundaries and wet landson plat or will year;2.\ II 6 9 ' on defined Is Minnesota Stututes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled ,. on this plot; and all public ways are shown and labeled on this plot.._. 7 SHtNG.E CREEK Dated this day of ____ _, 20__.CROSSiNG 2ND OIITLOT A Mark S. Hanson, Licensed Land Surveyor .z_ \urre! Minnesota License No. 15480 . n's\r \/'.Y STATE OF MINNESOTA COUNTY OF HENNEPIN 131 \ O/'s This instrument was acknowledged before me on this day of .. ____, 20..... by Mark S.'c', Hanson./ '-Focxvo 112' Notary Public,_CountyMhmesota /OPEN/RON My Commission Expires 7 v* DITCH71 V I V o Denotes iron monument set, marked with PLS 15480.F' Denotes iron monument found, marked with PLS 15480, Z unless otherwise noted. -' 8! Denotes 1.17 inch diameter copper magnetized marker I "with disc cap affixed stamped LS-15480 found : FOR THE PURPOSES OF THIS PLAT, THE NORTHERLY LINE yy .-.---.--..--.----- $td. / OF LOT I, BLOCK 2, SHINGLE CREEK CROSSING IS ASSUMED TO HAVE A BEARING OF S8943'54"E. Z 0 Bench Mark: Top of top out of fire hydrant locatedV 7 o S88'17'34"E a distance of 798.49 feet from the northeast corner of Outlot A, SHINGLE CREEK CROSSING 2ND ADDITION. Elevation 851.58 feet (Based on National Geodetic Vertical Datum of 929) Vs V V'F 100 0 IDO 200V I 7 SUNDESCALE IN FEET JJ LAND SURVEYING Cy C©©ll Agedi Neon N0 7 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION TO DIRECTOR OF BUSINESS AND DEVELOPMENT GARY EITEL FOR 10 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Gary Eitel was hired as Interim Assistant to the City Manager on March 14, 2007; and WHEREAS, Gary Eitel has ably served in many roles with the City including EDA Secretary, Community Development Director, and Director of Business and Development; and WHEREAS, Gary Eitel has performed each of these roles in exemplary fashion, assuring that the best interests of the City have been well served; and WHEREAS, Gary Eitel is admired by all for his endless positivity and passion in the workplace and his relentless initiative to identify opportunities which promote public and private investments in Brooklyn Center; and WHEREAS, Gary Eitel has provided staff support to the Planning Commission, providing thorough review and expert recommendations in the areas of zoning, planning, site review, and comprehensive plan development; and WHEREAS, Gary Eitel has been instrumental in the longterm visioning and planning for the City, the effective use of tax increment financing for redevelopment and community improvement projects including: Opportunity Site planning, the Rebuild and Renew Housing program, Bass Lake Road streetscape plan, Shingle Creek Crossing redevelopment, Northwest Family Service Center, Maranatha Senior Campus, Luther Auto Campus redevelopment, The Sanctuary at Brooklyn Center senior housing, Howe Fertilizer redevelopment, former Northwest Athletic Club redevelopment, Embassy Suites Hotel development, FBI Regional Headquarters; Topgolf/Regal Theater redevelopment, and many more projects too numerous to name; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the professionalism with which Gary Eitel has discharged his duties and made a positive impact on the community of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that we recognize the honorable retirement of Gary Eitel on December 11, 2017, and express sincere appreciation for his dedicated public service. We wish Gary and his family the very best in the future. RESOLUTION NO. -December _11,2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City C©Tu1ffllll Agenda Hm N©0 gal, DATE: December 11, 2017 TO: Curt Boganey, City Manaófr5 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 open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to Filming Activities and Commercial Photography. Background: At its November 13, 2017, meeting, Amending Chapter 11 of the City Commercial Photography. Attached meeting. the City Council approved first reading of An Ordinance Code of Ordinances Relating to Filming Activities and are the materials provided at the November 13, 2017, The second reading and Public Hearing are scheduled for December 11, 2017. Notice of the Public Hearing was published in the Brooklyn Center Sun-Post newspaper on November 23, 2017. If adopted, effective date will be January 20, 2018. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, soft, inclusive community that enhances the quality of kfe for al/people and preserves the public trust C0U1\\TC1 {L ITEM MEMORANIDUM DATE: October 17, 2017 TO: Curt Boganey, City Mana 6^^ 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 arid 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 o Enactment of police crime scenes o Enlistment of security during filming o 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, sut, inclusive community that enhances the qua//tv of life/; al/people 012(1 preserves f/ic pub/ic trust JII1UJ[SJ IN VIDkYAIL!iI *tYAS] 1Wl I1Jk I The amended ordinance relating to filming activities and commercial photography includes the following sections: Purpose and objectives Definitions • Content Application o Fee; Additional Costs o 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 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 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 23-2511 as follows: FILMING ACTIVITIES AND COMMERCIAL PHOTOGRAPHY Section 23-2500. PURPOSE AND OBJECTIVES. The purpose of Sections 23-250 through 23-2511 is to establish standards to protect the health, safety and general welfare of the public. including the safeguarding of public resources. from the undesirable effects associat e d with filming activities and commercial photography. Section 23-2501, DEFINITIONS. For purposes of Sections 23-2500 through 23 7 2511, the following terms shall have the meanings given them in this Section. A."City manager" - The city manager of the city, or its design B."Commercial photography" - All activities associated with the production of still photography for which a fee is charged for the use, reproduction or showing of the product of said nhotography. - 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. li ghting, or other filming related structures, equipment or personn e l. D. "Permit" - A permit issued to engage in filming activities, commercial pho tography. or both, as required 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 publi c it-of-wy o r any city-owned property without first obtaining a permi t from the cy . 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 My p ublic right-o C.Cause any damage t o facilities or Dropertyd D.Otherwise endanger the health or safety of the general public shall be exempt fr o m this peiit 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 applicant's name, telephone number. email address, and mailing addr ess; C.Aphotocopy of the applicant's valid photo I D; D. The name and contact information of the producer (if the applicant is not the produc erh E The dates, times and locations of the activities for which a permit is big 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 us e d ; G.A description of any special effects that will be usth iii. A description of all equipment that will be us e d - 1. A description of proposed parking areas, requested street and sidewalk c1osires, and outdoor staging ar ea s - J. A description of the proposed use of city facilities, equipment and personnel ORDINANCE NO. I. An estimate of personnel and equipment needed for crowd control. securitv 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 inculTed in connection with the permitted activities includmnn, but not be limited to. rental of city-owned property. actual costs for city staff time or city equipment, and repair of any damage to public rights-of-way or other publicly-owned property. Based upon the information 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 apnlicant, 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 city: 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. Ii The filming activities or commercial photography will not result in damaae 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 23-25 00 through 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. F. All other requirements of Sections 23-2500 through 23-2511 are m et. Section 23-2506. CONDITIONS AND RESTRICTIONS OF PERMIT. The ci t y manager may impose conditions and restrictions upon the permit holder, as deemed necessary for the protection of the public interest and properties and to ensure compliance with requirements of the city code. Said conditions and restrictions may include, but shall not be limited to, the following: A.Submitting evidence that a notice describing the proposed filming activities and commercial photography. including 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 dat e Qf perm itted activiti es; B.Contacting the Brooklyn Center Police Department to discuss safety and security measures: C.E mploying its own security personnel; D.Using only designated streets and parking areas; E.Promptly restoring all public property, streets, sidewalks and rights-of-way to at least their original condition; F.Promptly undertaking and completing all filming and related activities within p ermitted 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 c ity manager's decision mayappeal 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 summarizeJh applicant's reasons for appealing. 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 ci ty manag er. 23-2508. INSURANCE; INDEMNITY. The city manaaer may require that the appli c ant 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 ny re quire - greater coverage, if determined necessary by the city manager. The city manager also require that the applicant sign an indemnification agreement. indemnifying the city an 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 photography. 23-2509. 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 provide 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 cityma sustain by reason of the permitted activities. 23-2510. TRAFFIC CONTROL PLAN: STREET CLOSURES. A.A full street closure will not be permitted unless the application or change request is submitted at least five business days prior to the closure. The applicant may further be subject to a $500 fee per street closed. B.Applicants shall furnish and install advance warning signs as requested by the city and in conformance with any requirements imposed by the Minnesota Department of Transportation (MNDOT). All appropriate safety precautions shall be taken by the applicant. 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: or D Conduct the filming activities or commercial photography in a way that does not endanger the public health, safety, morals or general welfare. 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 (ti4kee+i-t 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 lanes impeding traffic and/or littering violations. POLICY REGARDING COMMERCIAL 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 Rt1iS] 9111 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 -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 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/FDA 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 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 HUM 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 FDA 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 HUM 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 12/4/2017 rn'5ri Act Mties and Comriercial Photography OCTOBER 23, 2017 Recommendations lICounciI consider hearing, reviewing and discussing the draft proposal policy language for Filming Activities and Commercial Photography in the City of Brooklyn Center. Council direct staff regarding the next steps with the draft policy language. 1 12/4/2017 Background can't Request from companies have included, but not limited to the following: UClosing and use of parks UClosing and use of streets lJClosing and use of public space for staging upward of 10 trucks over night UEnactment of police crime scenes UEnlistment of security during filming lJEnlistment of traffic and traffic light control during filming 12/4/2017 Background con't Request from companies have included, but not limited to the following: IJCity services Labor • Equipment • Facilities • Expertise • Public space Cities Ordinance Reviewed USt. Paul-MN U Mi ri nea pol is MN URichfieIdM N UHopkinsM N U M Irma r- FL U H oil ywo o d - FL U Dab lonega-GA 3 12/4/2017 Sample Ordinance Elements Examined Commercial Film/Video Commercial Still Photography UNon-commercial Film/Video U Drones UPermit Application Approval Process UTimeline and Application Submittal Process Flnsurance: Indemnity DEscrow Agreement UPermit Duration UCancellation Processing Fee DFilm Permit Fee Ordinance Sections UPurpose and objectives IDefinitions Permit required; exception UContents of Application LJ Fee UReview and Approval Process Permit Issuance Requirements UConditions and Restrictions on Permit Holder U Insurance/Indemnity UDuties of Permit Holder JBond or letter of credit UScholarship Program UTraffic Control Plan and Street Closures ULocation Credit ri 12/4/2017 Purpose of Ordinance UProvide staff guidance Establish permit authorization Create consistency in business services Permitting processes Fashion efficient coordination of filming activities request Purpose of Ordinance 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. DThis 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. 5 12/4/2017 Request UDoes the Council need additional information for discussion and consideration of a filming activities and commercial photography ordinance? What is the direction of the Council with regard to the draft filming activities and commercial photography ordinance? 6 C C)C)C) .2o 0) O,Oa) ==OCa, = —a) a,— 0 a C) -•-C-— 0 ->-oC ===== = ==0 0— - 0 Co >,Co CC C >- a), , =a)-O C) C)Cd a)C) C)C— = C— = =0 0 ->=:=-==-'=,= == = — = C - 0(0r00 CCC C) >- C)a,--— 0c)-0 = 0 0 ======- 0,0 ct I i t Ii II11 —I U) LZ=1 ©w I-I- — LU ©W ©—— '0a): — t)J '0 ••-©r 0 LLS -.--Cf) _ ©—'0 LJw 0 Co EJz i 2 n '0 —I-Ln a P-w Cfuty C©uunidli Aglllldi Item N©0 Ob [I$iSJI U41 ak'LItU MkIOM1I mJi'Ji DATE: December 11, 2017 TO: Curt Boganey, City Mana FROM: Reggie Edwards, Deputy City Manager le^ SUBJECT: Amending Chapter 11 of the City Code of Ordinances Relating to Liquor License Adoption of Resolution Amending the City of Brooklyn Center Fee Schedule Relating to Liquor License Recommendation: It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor License. It is also, recommended that the City Council consider adoption the Resolution Amending the City of Brooklyn Center Fee Schedule Relating to Liquor License Background: At its November 13, 2017, meeting, the City Council approved first reading of An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor License. Attached are the materials provided at the November 13, 2017, meeting. The second reading and Public Hearing are scheduled for December 11, 2017. Notice of the Public Hearing was published in the Brooklyn Center Sun-Post newspaper on November 23, 2017. If adopted, effective date will be January 20, 2018. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an at/rae/lye, clean, safe, inclusive community (11(1/ enhances the qll(iIity of life Ji ulip cop/c and preserves the public trust 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, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1.The liquor license fees within the City of Brooklyn Center Fee Schedule are deleted and are replaced with the fees as indicated in the attached schedule, which is hereby adopted. 2.The new liquor license fees shall go into effect on January 1, 2018 and shall apply to any liquor license issued for 2018. The new types of liquor licenses reflected in the attached schedule are not available until the ordinance being considered by the City Council is adopted and goes into effect. 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. 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 2A.M. Closing $500 July 1, 2018 Temporary On-Sale Intoxicating $25/day N/A Liquor (maximum is 3 consecutive clays; 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 year) Club December 31 Up to 200 members $300 201-500 members $500 501-1,000 members $650 1,001-2,000 members $800 2,001-4,000 members $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 December 31 Liquor - Sunday Sales $200 December 31 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 2A.M. Closing No Fee July 1, 2018 Liquor - On-Sale 3.2 Malt Liquor $500 December 31 Special 2 A.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 $500 Liquor - Off-Sale Brew Pub I $200 I December 31 Liquor - On-Sale Brewer Taproom 1 $600 I December 31 Liquor - On-Sale Microdistillery $600 December 31 Cocktail Room Liquor - Off-Sale Microdistillery I $200 1 December 31 Liquor - Off-Sale Small Brewer $200 December 31 License Liquor - Investigation $500 if in-state Actual costs if out of state, not to exceed $10,000 Ii1IJc.i I U I MkIU 'A I Ik'A Ci) 1I 1IA'A1 DATE: November 13, 2017 TO: Curt Boganey, City Maid 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: o 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. o Brooklyn Center has one of the lower number of establishments licensed to server intoxicating liquor among the cities reviewed in this study. o 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. o Brooklyn Center has more restrictive seating capacity regulations than the cities reviewed in this study. o Brooklyn Center has a higher food to liquor sales ratio regulation than the cities reviewed in this report. o 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. Hsdon: Ensuring an attrnc(ne, clean. safe, /J;cIlLsive c'oinnmnlly that enhances the juohtv of life fbr all people iiiulpieseives the public tins! EI1iIIJ fl VI IYILTI IkYAO) 1A1I 1IIYAI 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 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: Seating capacity • Fee structure • License classification • Floor spacing regulations • 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 I 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[I1IJh[I1 i UI k!iUkTlI MkYA 0] WCWJk'J1 • ighest 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: Amended city liquor license ordinance 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 atlrnctn'e, clean, safe, inclusive community that enhances the quality of life for al/people am/preserves the 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 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 340A.24, Subdivision 2. 2.Brewer. as used in this Chapter, means a person who manufactures malt liquor for sale. 3. Club, as used in this Chapter. means an incorporated organization organized under th e Jaws of Minnesota for civic, fraternal. social, or business purposesor intellectual improvement, or for the promotion of sports. or a congressionally 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 is suitable and adequate for the accommodation of its members: and (3) is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent . 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 fixed and voted on each year by the governina bud. 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, of the establis efil --- and has, as an integral 9M Wit-h ;eat i ng no t l ess th an joo-guests at one time, whem Hotel shall ha3vLe 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. 2. 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. . 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. 42. 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 locationand that has at least 30% of its applicable revenue derived from the serving of food for cons um ption on the -Premi ses . 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-E1--1-, 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 3.2 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, eClub, howI-hg-een-ter 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 whieh- shall-perm4t the sale of 3.2 percent malt liquor in its original package for consumption off the licensed Premises only. 3.Temporary On-Sale 3.2 Percent Malt Liquor License s, 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 ef-4, 00-snare feet and seat seating for not less than 4-50 30 guests at one time-iu-efd-er-te- obtain -au On Sale Intoxicating Liquor License. The following are the classes of On SaleIntoxicating Liquor Licenses that may be issued by the Gity- ib 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 seatina 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 threeyears that sells Liquor only to members and bona fide guests. This license may be issued only with the approval of the Commissioner of Public Safety. €1. A business establishment that is not otherwise eligible for an on-sale ORDINANCE NO. int oxicating liquor license and that, as part of its business, conducts culinary or cooking classes for which payment is made by each par t icipant 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. the City 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. -fe&d4or-eonsumjtion on the.Pro.mises is ..iigiblefbaClass-M-ieefiSe7 fer consumftion on the.Pre.mises.is eligiblefor a-C1-ass-B-h-eense c..0.n. Sale T Class... In.ox.ipi:ng .Li.cen.se.. A Hotel.or.Restaurant that a.Class Crevenue fte- LU. II1l[1ll*1iM1W111 T :wiIflI4lWiUl1I] DIItMLáI11r1ILtRilLffl]IO1JI1ttllhJiEJ1Ii.11111 II -" - MlttMiIIL11W1i J1uraii inuA ORDINANCE NO. fl,• - __________ IIUI1IIIIfiJUI Wit Th flhIIWJllN]llhhitffIfriIfflhJJI1iM1JflUiDJ1LII1 llW1[tUIIJJUllhIiinnnuwit nhiiJJ jSlI&irU.Lji IJliiJ1igj Iffilim l ooll t flit- flflfltn— tflunI__ 0-n Sale Class F Intoxicating Liquor License. This license is available only to the Earle Brown Heritage Center. This license allows the sale and 4i-spensing of—Liquor at the convention center and bed and breakfast faeil-i-ties located at the Earle Brown Heritage Center. This license-applies to the sale and dispensing of Liquor to patrons attending events at the Earle Brown Heritage Center. This license shall not be valid for amateur athletic events held at the Earle Brown Heritage Center. 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 establisent that holds an On Sale Intoxicating Liquor License and ORDINANCE NO. that serves bree-tapr&om-l4-Ee&e 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 food: hi On-Sale Brewer Taproom License; G. On-Sale Brew Pub License and that serves Liquor only in conjunction with the service of food d. Off-Sale Brew Pub License; Off-Sale Small Brewer License: Off-Sale Microdistillery License, but only if the City's municipal liquo stores are open on Sunday, and then only during the same hours; or f. On-Sale Microdistillery Cocktail Room Licens 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. 92. 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 mariner 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 Sundays. w4n.nsn.wnawsw..nflflfl.s.1fln7t.nflwL,fla2!- - -11, NO- illimmonn Im , 4-0. 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. 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. 10.Off-Sale Brew Pub License. This license may be issued to a Brew Pub that holds an On-Sale Brew Pub License with the anuroval 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 during the legal 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. 1-211. On-Sale Brewer Taproom License. This license may be issued to the holder of a bllrewer's license under Minnesota Statutes. Section 340A.301, Subdivision 6(c), (i), or (j). A brewer taproom licenge This license is subject to Minnesota Statutes. Section 340A.26 and authorizes on-sale of malt liquor produced by the bllrewer for consumption on the premises of or adjacent to one brewery location owned by ORDINANCE NO. the brewer. A bflrewer may only have one bBjewer tlaproom lLicense and may not have an ownership interest in a Brew Pub-h-rewery licensed under Mmnneso-ta Sattaes-40A-3-O l- Sdivisi-on6f4. A bBrewer tlaproom lLicense may not be issued to a bBrewer if the bflrewer seeking the license, or any person having an economic interest in the bBrewer seeking the license or exercising control over the bllrewer seeking the license, is a bflrewer 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 microdisti1iy 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 distilled on premises. Sales on Sundays may only occur if a Sunday Sales License is obtained from the Cit 1.3. 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. Sales on 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 ifi. 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 packaged by the brewer. The license must be approved by the Commissioner of Public Safety.. 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 liquor annually or a winery that produces more than 250,000 gallons of wine annually. Packaging of malt liquor for off-sale must comply with Minnesota Statutes. Section 340A.285. Sales on Sundays may only occur if a Sunday Sales License is obtained from the cj y , 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. The amount of the fees shall not exceed any limit established by Minnesota 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 a public hearing held on the proposed increase as provided in Minnesota Statutes, Section 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-a an4 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 Chanter to sell off-sale and obtains th e 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. IaInrnn*iwiaMItNrEl. 1IIi[i J.1iUIJII1I 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 Chapitii 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 .je-ii+t 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. T emporary On-Sale Licenses. Article IX. Effective Date. This Ordinance shall become effective as follows: 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 2017. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (St4keent 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, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1.The liquor license fees within the City of Brooklyn Center Fee Schedule are deleted and are replaced with the fees as indicated in the attached schedule, which is hereby adopted. 2.The new liquor license fees shall go into effect on January 1, 2018 and shall apply to any liquor license issued for 2018. The new types of liquor licenses reflected in the attached schedule are not available until the ordinance being considered by the City Council is adopted and goes into effect. 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. 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. 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 2A.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 year) Club December 31 Up to 200 members $300 201-500 members $500 501-1,000 members $650 1,001-2,000 members $800 2,001-4,000 members $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 December 31 Liquor - Sunday Sales $200 December 31 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 2A.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 LLi q uor - On-Sale Brew Pub December 31 On-Sale Intoxicating $6,500 On-Sale 3.2 Percent Malt Liquor $500 Liquor - Off-Sale Brew Pub $200 December 31 Liquor - On-Sale Brewer Taproom $600 December 31 Liquor - On-Sale Microdistillery $600 December 31 Cocktail Room Liquor - Off-Sale Microdistillery $200 December 31 Liquor - Off-Sale Small Brewer $200 December 31 License Lquor Investigation $500 if in-state Actual costs if out of state, not to exceed $10,000 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY/WORK SESSION JUNE 12, 2017 CITY HALL COUNCIL CHAMBERS 1RtIXSItU]t1 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. aiIW1U The City Council participated in media training. 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. I U [WJ [I)tS] '1YLS] ei r4I DIfJ [S)IJ aii i7'U I I ai IP' U kA I 14 Ii 06/12/17 -1- lillIll] i miii f9I aeiui L I (I)I1 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. kI iM1kIKI1 Ii] UJk&!1 I I IDJI &TLiIS1IJuii I I Councilmember Graves moved and Councilmember Ryan seconded to recess the Study Session at 6:45 p.m. Motion passed unanimously. IiFJiI)l 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. M IIMtIIJ e1hILU DI11 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 EmfIi.1U1 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 LawrenceAnderson, 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. 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/Commissjoner 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/Commissjoner 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/Commjssjoner 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. IJJifI SI '1[iktI1 i: HIS fltlIiSXlI W!LI1 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. Councilmeinber/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. Councilniember/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- IMSIIMb1LT$DSfl 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 12/4/2017 Does the City desire to continue discouraging the development of the number, particular size and types of liquor license establishments in Brooklyn Center? XN 1 12/4/2017 TORtY— - o Representatives of Chipotle, Wing-stop, and Qdoba have inquired about obtaining either a wine license or an on-sale intoxicating liquor license. In the past 12 months several businesses have inquired about the liquor license fees and requirements, which may influence their decision to expand and/or remain in Brooklyn Center. o It is recommended that the City Council consider discussing the liquor license fees and regulations as it relates to City corn petiveness. o It is recommended that the City Council provide direction to staff regarding the current city on-sale liquor license fees, seating regulations, and food to liquor ratio. 2 12/4/2017 LL • In May of 2016, the City Planning Commission discussed the issue of factors that affect a business from opening a restaurant. o In 2016, 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. // 17* VIM o In 2017, staff completed an assessment of police call per type of liquor license establishment within Brooklyn Center. o It was not the intent of this study to show a causal relationship. 3 12/4/2017 THE STUDY REVEALED THAT THE CITY LIQUOR LICENSE FEES AND REGULATIONS MAY POSITION THE CITY AT A COMPETITh/E DISADVANTAGE FOR SOME TARGETED REDEVELOPMENT. Ll_ IIT 4 12/4/2017 Chompn Coon Rpco Cryt Goden Vky Mpk Govo A em pkWood New Hope P'ymouth Rkhfid Rohj[N ndth RoseviHe St Louh Pk - Comparison Cities Direction Distance Population Brooklyn Center Center 30,729 Group Average 10.11 37,140 Champlin North 11.2 23,089 Coon Rapids North 9.2 61.476 Crystal West 4.3 22,151 Golden Valley South 8.5 20,371 Maple Grove West 8.0 61,567 Maplewood East 17.3 38,018 New Hope West 5.6 20.339 Plymouth West 13.9 70,576 Richfield South 16.3 35,228 r Robbinsdale South 3.8 13,953 Roseville East 12.3 33,660 St. Louis Park South 10.9 45,250 5 12/4/2017 Comparison Population Number of All Rank Establishments Cities On-Sale Liquor Per Capita Establishments Brooklyn Center 30,729 21 8 1,463 Group Average 37,140 41 1,281 Champlin 23,089 17 10 1,358 Coon Rapids 61.476 59 3 1,041 Crystal 22,151 35 7 633 Golden Valley 20,371 19 9 1,072 Maple Grove 61,567 37 6 1,664 Maplewood 38,018 81 1 469 New Hope 20.339 7 ha 2,906 Plymouth 70,576 37 6 1,907 Richfield 35,228 49 5 718 Robbinsdale 13,953 7 lib 1,993 Roseville 33,660 66 2 510 St. Louis Park 45,250 41 4 1,104----- ------------ -V------ - • On=SaIe Class A(hotel/restaurant) • On-Sale Class B (hotel/restaurant) • On-Sale Class C (hotel/restaurant) • On-Sale Class D (hotel/restaurant) 6 12/4/2017 \C c5'/ CL - On-Sale Class A (hotel/restaurant - 80% food sales) On-Sale Class B (hotel/restaurant - 50% - 79% food sales) On-Sale Class C (hotel/restaurant - 40% - 49% food sales) On-Sale Class D (hotel/restaurant - All new applicants) 7 12/4/2017 NONE OF THE CES REVIEWED FOR COMPARISON PURPOSES UTILIZED THE SAME CLASSIFICATION SYSTEM AS BROOKLYN CENTER. Comparison Cities Food Sales Percentage Liquor Sales Seats for Guest Percentage (At One Time) I3ooklyn Center Varies with Class Varies with Class State Statute Regularly Prepared & Served Tables Champlin N/A N/A N/A Coon Rapids N/A N/A 75 Crystal N/A N/A N/A Golden Valley N/A N/A N/A Maple Grove 60% 40% N/A Maplewood N/A N/A N/A New Hope 50% 50% N/A Plymouth N/A N/A N/A Richfield 20% of Total BLisiness N/A N/A Robbinsdale No less than 30% No more than 60% Roseville 50% or 25% 50% or 75% 100 or 175 St. Louis Park N/A N/A 8 12/4/2017 Comparison Cities Capon Number of Establishments Brooklyn Center 18 Champlin N/A Coon Rapids N/A Crystal N/A Golden Valley N/A Maple Grove N/A Maplewood N/A New Hope Shall be determined from time to time Plymouth N/A Richfield 15 Robbinsdale 12 State Statute Roseville N/A St. Louis Park N/A rtq=___________ Comparison Cities Seats for Guest Square Footage Tables (At One Time) Brooklyn Center 150 (restaurants)1,800 (restaurant) State Statute City Establish / 30 (hotel) Champlin 30 N/A N/A Coon Rapids 75 (restaurant)/ 175 10,000 sq. ft. (hotel) / 2 ball room Crystal 30/30 (hotels)N/A N/A Golden Valley N/A N/A N/A Maple Grove 25 N/A N/A Maplewood N/A N/A N/A New Hope 30/ 200 (hotel)N/A N/A Plymouth N/A N/A N/A Richfield 40 N/A N/A Robbinsdale 60/ 150 (hotel)N/A N/A Roseville 100 or 175 1,800 (Dining Room)Adequate St. Louis Park 30 N/A N/A 9 12/4/2017 FEE STRUCTURE BY CLASS AND REGULATIONS On-Sale Class A (hotel/restaurant - 80% food sales - $8,000) On-Sale Class B (hotel/restaurant - 50% - 79% food sales - $11,000) On-Sale Class C (hotel/restaurant - 40% - 49% food sales - $14,000) On-Sale Class D (hotel/restaurant All new applicants - $14,000) 10 12/4/2017 L11 - -_______ Comparison Cities Lowest Cost Highest Cost Ranking Urooklyn Center $8,000 $14,000 2 Group Average $8,148 $8,511 Champlin $6,500 $6,500 9a Coon Rapids $9,600 $9,600 4 Crystal $6,500 $6,500 9b Golden Valley $8,000 $8,000 7a Maple Grove $8,000 $8,000 7b Maplewood $7,000 $11,000 3 New Hope $6,000 $6,000 10 Plymouth $8,240 $8,240 6 Richfield $15,036 $15,036 1 Robbinsdale $5,500 $5,500 11 Roseville $7,000 $7,000 8 "St. Louis Park 7 $8,750 $8,750 5 Ok i 11 12/4/2017 iIJiiI1irt ______ On-sale liquor licenses Crime Type (only A-F) AGG ASSAULT 3 ALL OTHER OFFENSES 14 ARSON 1 BURGLARY 1 CONT SUBST 3 DISTURBANCE 5 DUI 5 FORGERY 3 FRAUD 6 LIQUOR 3 OTHER ASSAULT 5 PROSTITUTION 16 ROBBERY 1 / SEX OFFENSES STOLEN PROPERTY THEFT THEFT VEHICLE VANDALISM 1 I 50 3 6 //WEAPON Grand Total 1 128 12 12/4/2017 60 50 40 30 20 10 I NA-F 0 H fl N II n N P LnI_Three Two LOU g3U)CUZ °W<D _QUJO<zu)WzCcflc U) —D<(a C,_W< Hmzw 1 _J< U)o LLLL -Ju)_uCmww<wa O z LL < F—LLCa-X Zct0Hw H--0o I—(n—J • 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. 13 12/4/2017 Brooklyn Center has more restrictive seating regulations than the cities reviewed in this study. o Brooklyn Center has higher food to liquor sales ratio regulation than the cities reviewed in this report. o Data does not reveal a significant crime problem related specifically to liquor licensed establishments. However, there are some liquor license establishments that due to poor business practices have resulted in excessive police calls. / . ^OA&@ ".- LO-&--,, • Leave ordinance and license fees as t sts n ds • Amend ordinance • Amend license fees • Amend both orthnnce snd Ucense fees 14 12/4/2017 MCYE- -,S-S-b-^S^,, Does the Council need additional information in order to provide staff direction? If so, what information is needed? o Whet is the direction of the Council to staff regarding amending the City's current liquor license fees, seating regulations, and food to liquor sales ratio? / 15 Cty C©uil Agdia Hem No. Be COUNCI[IJ T{TEM MEMORANDUM DATE: December 5, 2017 TO: Curt Boganey, City Man ^01 FROM: Mike Albers, Acting City Engineer 44— SUBJECT: Public Hearings for Firehouse Park Area Improvements: Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2018-01, 02, 03 and 04, Firehouse Park Area Street, Storm Drainage and Utility Improvements Resolution Certifying Special Assessments for Improvement Project Nos. 2018- 01 and 2018-02, Firehouse Park Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Recommendation: It is recommended that the City Council approve the attached resolutions ordering the Firehouse Park Area Street, Storm Drainage and Utility Improvements; authorizing preparation of project plans and specifications; and certifying special assessments for the project to the Hennepin County Tax Rolls. Background: A series of two public hearings are scheduled on December 11, 2017. The first hearing is to consider ordering improvements and authorize preparation of plans and specifications for Improvement Project Nos. 2018-01, 02, 03 and 04. The second hearing is to consider certification of proposed special assessments for street and storm drainage improvements for Improvement Project Nos. 2018-01 and 2018-02. All potentially affected property owners have been notified by mail of the date of public hearings and the amount of proposed special assessments. I. Explanation of Improvements The proposed project includes roadway, storm drainage and utility improvements for the residential neighborhood area commonly referred to as the Firehouse Park Area. The project was previously established by the City Council on May 8, 2017, by Resolution 2017-69. On November 13, 2017, the City Council received project feasibility report and called for a public hearing to be held on December 11, 2017, to consider these improvements. The project feasibility report provides a description of recommended improvements for the neighborhood and an estimated project budget. The proposed improvements are as follows: 1. Street Improvements - Full street reconstruction of all streets including regrading, base preparation, installation of concrete driveway aprons, bituminous paving, installation of concrete curb and gutter, replacement of street signs, replacement of free-standing street lights with LED light fixtures and boulevard restoration. Mission: Ensuring an attractive, clean, safe, inclusive conwninitr that enhances the qualili' of life for all people and preserves the public trust IEI1IJ[i1 I fl N MYA L'A I IhYA (I] flI UIJ1 2.Storm Drainage Improvements - Includes the installation of new storm sewers and installation of concrete curb and gutter on all streets, and repair and replacement of existing storm sewers, installation of new and repair and replacement of existing catch basins and manholes. 3.Water Main Improvements Includes the replacement of approximately 50 percent of existing water main pipes and installation of new valves, hydrants and water services to the shut off valve where impacted. 4. Sanitary Sewer Main Improvements - Includes the replacement of approximately 90 percent of sanitary sewer pipe, access structures and residential sewer services to property lines. There are three sections of sanitary sewer near 67' Avenue that are located within easements that are proposed to be lined with a cured in-place pipe liner. H. Summary ofAssessments Special assessments are proposed as one of several funding sources for the improvements located within the Firehouse Park Area. On November 13, 2017, the City Council adopted the 2018 special assessment rates for street and storm drainage improvements for residential zoned properties. The 2018 rates were established in accordance with the City's Special Assessment Policy. The feasibility report includes a preliminary assessment roll identifying 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", 1 multi-family property that is zoned "R4" and 7 multi-family properties that are zoned "R5". See attached revised Appendix D—Final Assessment Roll and Figure 7—Assessment Map from the project feasibility report. Assessments for Full Street Reconstruction Special assessments for non-subdividable single-family residential properties that are zoned RI were calculated at full unit assessment rates of $4,353 for street improvements and $1,306 for storm drainage improvements. Other R zoned properties that are larger than the standard single- family lot including 711 69th Avenue, 800 69th Avenue and 6630 Colfax Avenue were assessed based on computing a maximum number of subdividable lots times full RI unit assessment amount for street and storm drainage improvements. The multi-family property at 700 66th Avenue that is zoned R3 was assessed based on total lot frontage for street and storm drainage improvements. The multi-family properties (Riverwood Townhomes Association) that are zoned R3 were assessed based on unit assessments prorated per total lot frontage for street and storm drainage improvements. The multi-family properties that are zoned R4 and R5 were assessed based on an acreage basis for street and storm drainage improvements. Public Comments A property owner may choose to appeal or object to a special assessment. If an owner files an appeal with the City Clerk prior to public hearing, or should any person appear at public hearing and object to an assessment, staff recommends that the City Council refer any substantive Mission: Ensuring an attractive, clean, safe, inclusive conununitv that enhances the quality of life for all people and preserves the public trust objections to staff for a report back to the City Council at a continued public hearing. An example might be an issue whereby staff would need to research the history of a particular complaint and assemble documentation. The City Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is actually filed with district court, the City Attorney will advise the City Council of options for handling the dispute and potential litigation issues. Currently, staff is not aware of any substantive objection and recommends approval accordingly. Public comments were included in the Feasibility Report (Appendix B). Staff has not received any additional comments. Payment Options Available to Property Owners Once an assessment roll is adopted by the City Council, the owner of each property has the following payment options: 1. Pay the entire amount of the special assessment, without interest, between March 1 and September 30, 2018. From October 1, 2018, to the end of the business day on November 21, 2018, a property owner may pay the total assessment, with interest calculated from October 1, 2018, to the date of payment. A property owner may pay the assessment over a 10-year period. The first payment will be due with taxes in 2019. The total principle will be payable in annual installments. Interest at 4.0 percent is paid on the unpaid balance. 4. Partial prepayments (such as paying half now and certifying the balance) are not allowed under the City's current Assessment Policy. III. Recommended Council Procedure First Public Hearing to Order Improvements: Staff recommends that a presentation be provided to the City Council prior to holding the first public hearing. Following the presentation, a public hearing to consider ordering the improvement project should be conducted to receive public comments. Public comments concerning special assessments should be deferred to the second public hearing. A resolution ordering the improvements and authorizing preparation of plans and specifications is provided for City Council consideration upon closing of the first public hearing. Second Public Hearing for Special Assessments: After taking action on the first proposed resolution to order the project, it is recommended that the City Council then conduct a second public hearing on proposed special assessments. The attached resolution certifying special assessments for street and storm drainage improvements for Improvement Project Nos. 2018-01 Mission: Ensuring an attractive, clean, safe, inclusive cominuni/i' that enhances the quality of life for all people and preserves the public trust EI1IJISJ I fl I Dk'1 UA I MY4 (I] alIJhYA I and 2018-02 to the Hennepin County tax rolls is provided for City Council consideration upon closing of the second public hearing. Budget Issues: The proposed street and utility improvements are included in the 2018 Capital Improvement Program for the City of Brooklyn Center. The total project cost is estimated to be $12,268,000. Funding sources for the project are budgeted from sources as described in the project feasibility report previously accepted by the City Council on November 13, 2017. The special assessment rates were adopted by the City Council on November 13, 2017, and funding source amounts that are included in the feasibility report are amended as follows as a result of minor special assessment revisions: Feasibility Report (11/13/17)Amended (11/15/17) Special Assessments $1,996,185.28 $ 2,001,844.28 Sanitary Sewer Utility $2,240,000.00 $ 2,240,000.00 Water Utility $1,658,000.00 $ 1,658,000.00 Storm Drainage Utility $1,804,971.83 $1,803,665.83 Street Light Utility $150,000.00 $ 150,000,00 Street Reconstruction Fund $4,008,842.89 $ 4,004,489.89 Municipal State Aid (MSA)Fund $410,000.00 $ 410,000.00 Total $12,268,000.00 $12,268,000.00 Strategic Priorities: Key Transportation Investments Mission: Ensuring ((II attractive, clean, safe, inclusive community that enhances (lie quality of life for all people and preserves time public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO.__________ RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS 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 on May 8, 2017, authorized consideration of street, storm drainage and utility improvements in the area generally described as "FIREHOUSE PARK AREA", more specifically described as follows: 5th Street N from 67th Avenue N to 68th Avenue N; 64t1i Avenue N from Bryant Avenue N to Humboldt Avenue N; 66th Avenue N from Bryant Avenue N to Colfax Avenue N; 67th Avenue N from 220' east of 5th Street N to Humboldt Avenue N; 681h Avenue N from Aldrich Avenue N to Bryant Avenue N; 69th Avenue N from 70th Avenue N to 1,160' East of Bryant Avenue N; Aldrich Avenue N from 67th Avenue N to 360' north of 681h Avenue N; Bryant Avenue N from 250' south of 60 ' Avenue N to 69" Avenue N; Camden Avenue N from 67th Avenue N to 68th Avenue N; Colfax Avenue N from 260' south of 64th Avenue N to 65th Avenue N; Colfax Avenue N from 66th Avenue N to 69th Avenue N; Emerson Avenue N from 270' south of 64th Avenue N to 6 5 t Avenue N; Emerson Avenue N from 67th Avenue N to 6911i Avenue N; Fremont Avenue N from 280' south of 64 t" Avenue N to 65th Avenue N; Girard Avenue N from 310' south of 64th Avenue N to 65th Avenue N; and Humboldt Avenue N from 365' south of 64th Avenue N to 65 th Avenue N; and WHEREAS, the City Council has received and accepted a feasibility report for said proposed improvements, as prepared under the City Engineer's supervision; and WHEREAS, said improvements are necessary, cost effective and feasible as detailed in the feasibility report; and WHEREAS, the City Council on November 13, 2017, adopted a resolution setting a date for a public hearing regarding the proposed improvements for Firehouse Park Area; and WHEREAS, ten days published notice of hearing was given and the hearing was held on December 11, 2017, at which time all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the City Council has considered all comments, testimony, evidence and reports offered at or prior to the December 11, 2017, hearing; and WHEREAS, the City reasonably expects to spend monies from the Infrastructure Construction Fund on a temporary basis to pay the expenditures described in this resolution; and RESOLUTION NO. WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax-exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments or utility fees. The maximum amount of special assessment obligations expected to be issued for such project is $2,001,844.28; and WHEREAS, the Acting City Engineer is prepared to develop plans and specifications for said public improvement project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: Improvement Project Nos. 2018-01, 02, 03 and 04, Firehouse Park Area Street, Storm Drainage and Utility Improvements, are hereby ordered and the Acting City Engineer is authorized to prepare plans and specifications for said improvements. 2. This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulations and any successor law, regulation, or ruling. This resolution will be modified to the extent required or permitted by Treasury Regulations or any successor law, regulation, or ruling. December 11, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2018-01 AND 2018-02, FIREHOUSE PARK AREA STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met, heard and passed upon all objections to the proposed Special Assessment Levy Nos. 19775 and 19776; and WHEREAS, assessment rolls, copies of which are attached hereto and part hereof by reference, have been prepared by the Acting City Engineer and City Clerk, tabulating those properties where street improvement and storm drainage costs are to be assessed, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: Such proposed assessments, Special Assessment Levy No. 19775 for street improvements and Special Assessment Levy No. 19776 for storm drainage improvements, made a part hereof, are hereby accepted and shall constitute special assessments against lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period often (10) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 2019, and shall bear interest on the entire assessment at the rate of 4.0 percent per annum from October 1, 2018, through December 31, 2019. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor pay the whole assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before September 30, 2018. After September 30, 2018, he or she may pay the total assessment, plus interest. Interest will accumulate from October 1, 2018, through the date of payment. Such payment must be made by the close-of- business November 21, 2018, or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off the balance at some point in the future, such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. December 11, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 407800 6 642 $6643 6637 6638___ 6631 $6625 6624 %S 6626 6619 6618 LJ p6613 001" 6607 U6601 Oo o,\ 6660 700 6500 A/[ 69TH AVE NMS 13 68126827 0z—1 m 415 1E 6735 1730 6731 6724 6725 6718 6721 0 6720 6712 6713 Z 6712 6706 I 6707 16700\ 500 Li i7TH AVE N 6603 ç,6 66T Legend Proposed Single RI Proposed R5IAssessmentAssessment P ro p ose d Multiple City Owned RI Assessment Property Proposed R3 -1 Previously Assessment Assessed Proposed R4 Other Parcels Assessment II II II I 69TH AVE N- fl 68 431 NN E3 n-o fl 6813 mm EBB l\ 1300 1200 AVEN 1 301 ---- Lill, I 1-0 8500 FREEWAY BLVD 6535Ju l65TH AVE N\ \11oo16449100 64366436 I 6447 6425 p6429 6430 6431 647 ll - L 6412 6413 64121 6413 lt 6412 6413 6412 L 6305 6406 64076116406 6407 6406 640716j_6406 6407 6400 1 6401 6400 640 1 6400 6401 64006 \64TH AVE N 6342\6343l 1 63421 6343 1 [11 6342 p6337\6336 \6337\ \^W6336 6337 63301 6330 6331 6330633i 6324 N CENTER Assessment Map Firehouse Park Area Street and Utility Improvements December 2017 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL December 11, 2017 2018 FIREHOUSE PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2018-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY#STORM NOTES 3611921120045 6706 5TH ST N 19775 $ 4,353.00 19776 1,306.00 3611921120046 6707 5THSTN 19775 $ 4,353.00 19776 1,306.00 3611921120054 6712 5TH STN 19775 $ 4,353.00 19776 1,306.00 3611921120057 6713 5TH ST N 19775 $ 4,353.00 19776 1,306.00 3611921120053 6720 5TH ST N 19775 $ 4,353.00 19776 1,306.00 3611921120056 6721 5TH ST N 19775 $ 4,353.00 19776 1,306.00 3611921120055 6725 15TH ST N 19775 $ 4,353.00 19776 1,306.00 3611921120052 6726 5THSTN 19775 $ 4,353.00 19776 1,306.00 3611921120044 6730 5TH STN 19775 $ 4,353.00 19776 1,306.00 3611921120039 6731 5TH STN 19775 $ 4,353.00 19776 1,306.00 3611921120023 6736 5TH STN 19775 $ 4,353.00 19776 1,306.00 3611921120075 6737 5TH STN 19775 $ 4,353.00 19776 1,306.00 3611921310032 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 AVE N 19775 $ 4,353.00 19776 1,306.00 3611921320038 1307 65TH AVE N 19775 $ 4,353.00 19776 1,306.00 3611921240047 700 66TH AVE N 19775 28,585.28 19776 8,576.22 Multi Family R3, Frontage Rate, 492.51-ft 3611921130026 419 167TH AVE N 19775 4,353.00 19776 1,306.00 3611921120021 420 167TH AVE N 19775 4,353.00 19776 1,306.00 3611921120062 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 3611921220053 1100 67TH AVE N 19775 4,353.00 19776 1,306.00 3611921220052 1112 67TH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921220046 1121 67TH AVE N 19775 $ 21,683.64 19776 $ 9,051.84 Multi Family R5 (A) 59,107.00 Sf, (B) 3,647.54 Sf 3611921220041 1200 167TH AVE N 19775 $ 21,013.67 19776 $ 8,772.26 Multi Family R5 (A) 58,062.03 Sf, (B) 1,712.16 Sf 3611921220040 1300 67TH AVE N 19775 $ 30,376.75 19776 $ 12,679.86 Multi Family R5 (A) 75,576.75 Sf, (B) 21,968.81 Sf 3611921220045 1301 67TH AVE N 19775 $ 31,197.96 19776 $ 13,022.73 Multi Family R5 (A)78,290.71 Sf, (B) 20,997.80 Sf 3611921220039 1400 67TH AVE N 19775 $ 10,154.59 19776 $ 4,238.74 Multi Family R5 (A)25,340.34 Sf, (B) 7,166.76 Sf 3611921220044 1401 167TH AVE N 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 Brooklyn Center EDA Property 2511921430001 420 69TH AVE N 19775 $ 4,353.00 19776 1,306.00 3611921120031 421 69TH AVE N 19775 $ 4,353.00 19776 1,306.00 Brooklyn Center EDA Property 3611921120036 501 69TH AVE N 19775 $ 4,353.00 19776 1,306.00 3611921120037 507 69TH AVE N 19775 $ 4,353.00 19776 1,306.00 3611921210105 701 69TH AVE N 19775 $ 41353.00 19776 1,306.00 3611921210117 707 69TH AVE N 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 169TH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210004 821 169TH 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 70THAVEN 19775 52,378.19 19776 $21,861.41 Multi Family R4 (A)112,451.59Sf,(B)79556.08sf 3611921210096 6700 ALDRICHAVEN 19775 $ 4,353.00 19776 $1,306.00 3611921210083 6701 ALDRICHAVEN 19775 4,353.00 19776 $1,306.00 3611921210095 6706 ALDRICHAVEN 19775 4,353.00 19776 $1,306.00 3611921210084 16707 JALDRICH AVE N 19775 4,353.00 19776 $1,306.00 3611921210094 712 ALDRICH AVE N 19775 1$ 4,353.00 19776 $1,306.00 3611921210085 16713 JALDRICH AVE N 19775 $4,353.00 19776 $1,306.00 1 of 6 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL December 11, 2017 2018 FIREHOUSE PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2018-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY#STORM NOTES 3611921210093 6718 ALDRICH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210086 6719 ALDRICHAVEN 19775 $ 4,353.00 19776 $1,306.00 3611921210092 6724 ALDRICHAVEN 19775 $ 4,353.00 19776 $1,306.00 3611921210087 6725 ALDRICHAVEN 19775 $ 4,353.00 19776 $1,306.00 361192121009I 6730 ALDRICHAVEN 19775 $ 4,353.00 19776 $1,306.00 3611921210088 6731 ALDRICHAVEN 19775 1 $ 4,353.00 19776 $1,306.00 3611921210090 6736 ALDRICHAVEN 19775 $ 4,353.00 19776 $ 1,306.00 3611921210089 6737 ALDRICHAVEN 19775 $ 4,353.00 19776 1,306.00 3611921210124 800 ALDRICHAVEN 19775 $ 4,353.00 19776 1,306.00 3611921210107 6801 ALDRICHAVEN 19775 $ 4,353.00 19776 1,306.00 3611921210123 6806 ALDRICHAVEN 19775 $ 4,353.00 19776 1,306.00 3611921210108 6807 ALDRICHAVEN 19775 4,353.00 19776 1,306.00 3611921210122 6812 ALDRICHAVEN 19775 $ 4,353.00 19776 1,306.00 611921210109 6813 ALDRICH AVE N 19775 -4,353.00 19776 1,306.00 611921210110 6819 ALDRICH AVE N 19775 4,353.00 19776 1,306.00 3611921210111 6825 ALDRICHAVEN 19775 4,353.00 19776 1,306.00 36 11921210112 831 ALDRICH AVE N 19775 4,353.00 19776 $ 1,306.00 36 11921310016 6331 BRYANT AVE N 19775 4,353.00 19776 $1306.00 36 1192i3lOO42 6337 BRYANT AVE N 19775 4,353.00 19776 $1306.00 3611921310002 6401 BRYANT AVE N 19775 4,353.00 19776 $1,306.00 36 11921310001 6407 1 BRYANT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 36 11921310025 6415 BRYANT AVEN 19775 $ 4,353.00 19776 $ 1,306.00 36 11921310024 6421 BRYANT AVEN 19775 $ 4,353.00 19776 $ 1,306.00 36119 21310023 6429 BRYANT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 361192 1310022 6435 BRYANT AVEN 19775 $ 4,353.00 19776 1,306.00 361192 1310021 6443 BRYANT AVEN 19775 $ 4,353.00 19776 1,306.00 361192 1310020 6449 BRYANT AVE N 19775 $ 4,353.00 19776 1,306.00 361192 1240027 6506 BRYANT AVEN 19775 $ 4,353.00 19776 $ 1,306.00 361192 1240026 6514 BRYANT AVEN 19775 $ 4,353.00 19776 s 1,306.00 1240025 6520 -YANT AVEN 19775 4,353.00 19776 1,306.00 3611921240024 6526 -YANT AVEN 19775 4,353.00 19776 1,306.00 3611921240023 6532 -YANT AVE N 19775 4,353.00 1 776 1,306.00 3611921240022 6538 BRYANT AVEN 19775 $ 4,353.00 19776 1,306.00 3611921240021 6544 BRYANT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921240020 -6600 YANT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921240009 6601 BRYANT 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 -YANT AVE N 19775 4,353.00 19776 $1,306.00 3611921240018 4 BRYANT AVE N 19775 4,353.00 19776 $l,306.00 3611921240017 YANT AVE N 19775 4,353.00 19776 $l,306.00 3611921240004 -6625 BRYANT AVEN 19775 $ 4,353.00 19776 $1,306.00 3611921240016 -6626 YANT AVE N 19775 4,353.00 19776 $1,306.00 3611921240015 -6632 YANT AVE N 19775 4,353.00 19776 $l,306.00 3611921240014 -YANT AVE N 19775 4,353.00 19776 $1,306.00 3611921240051 6639 BRYANT AVEN 19775 $ 4,353.00 19776 $1,306.00 3611921240052 6645 BRYANT AVE N 19775 4,353.00 19776 $1,306.00 3611921210082 6700 BRYANT AVE N 19775 $ 4,353.00 19776 $1,306.00 3611921210075 6701 BRYANT AVE N 19775 4,353.00 19776 $1,306.00 3611921210081 6706 1 BRYANT AVE N 19775 4,353.00 19776 $1,306.00 3611921210074 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 19775 $ 4,353.00 19776 $1,306.00 3611921210079 6718 BRYANT AVE N 19775 4,353.00 19776 $1,306.00 3611921210072 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 3611921210071 6725 BRYANT AVEN 19775 $ 4,353.00 19776 $1,306.00 3611921210077 6730 BRYANT AVE N 19775 4,353.00 19776 $1,306.00 3611921210070 6731 BRYANT AVEN 19775 4,353.00 19776 $1,306.00 3611921210076 6736 BRYANT AVE N 19775 4,353.00 19776 $1,306.00 3611921210069 6737 BRYANT AVE N 19775 $ 4,353.00 19776 $1,306.00 3611921210068 6743 BRYANT AVEN 19775 $4,353.00 1 19776 $1,306.00 3611921210012 6800 BRYANT AVE N 19775 $ 4,353.00 119776 $ 1,306.00 1 2 of 6 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL December 11, 2017 2018 FIREHOUSE PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2018-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY#STORM NOTES 3611921210028 6801 BRYANT AVE N 19775 4,35300 19776 $ 1,306.00 3611921210029 6805 RYANT AVE N 19775 4,353.00 19776 $1306.00 3611921210011 6808 RYANT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210030 6811 RYANT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921210010 816 BRYANT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921210031 6817 BRYANT AVE N 19775 ,. 4,353.00 19776 $ 1,306.00 3611921210032 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 839 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 sI, (B) 0 sf 3611921120048 700 CAMDEN AVE N 19775 4,353.00 19776 $ 1,306.00 3611921210097 6701 CAMDEN AVE N 19775 4,353.00 19776 $ 1,306.00 3611921120047 6706 ICAMDEN AVE N 19775 4,353.00 19776 $ 1,306.00 3611921210098 6767 CAMDEN AVE N 19775 4,353.00 19776 $ 1,306.00 3611921120058 6712 CAMDEN AVE N 19775 4,353.00 19776 $ 1,306.00 3611921210099 6713 CAMDEN AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921120059 6718 CAMDEN AVE N 19775 4,353.00 19776 $ 1,306.00 3611921210100 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 ICAMDEN 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 3611921210104 6743 CAMDEN AVE N 19775 4,353.00 19776 1,306.00 3611921130105 6601 CAMDEN DR 19775 609.07 19776 182.74 Multi Family R3, Unit Rate 3611921130104 6603 CAMDEN DR 19775 609.07 19776 182.74 Multi Family R3, Unit Rate 3611921130103 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 6611 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 Multi Family R3, Unit Rate 3611921130097 6618 -CAMDEN DR 19775 609.07 19776 $ 182.74 Multi Family R3, Unit Rate 3611921130096 -CAMDEN DR 19775 609.07 19776 $ 182.74 Multi Family R3, Unit Rate 3611921130095 6622 -CAMDEN DR 19775 $ 609.07 19776 $ 182.74 Multi Family R3, Unit Rate 3611921130094 6626 CAMDEN DR 19775 $ 609.07 19776 $ 182.74 Multi Family R3, Unit Rate 3611921130093 6628 CAMDEN DR 19775 $ 609.07 19776 $ 182.74 Multi Family R3, Unit Rate 3611921130092 6630 CAMDEN DR 19775 $ 609.07 19776 $ 182.74 Multi Family R3, Unit Rate 3611921130091 6634 CAMDEN DR 19775 $ 609.07 19776 $ 182.74 Multi Family R3, Unit Rate 3611921130090 6636 ICAMDEN DR 19775 $ 609.07 19776 $ 182.74 Multi Family R3, Unit Rate 3611921130089 6638 CAMDEN DR 19775 $ 609.07 19776 $ 182.74 Multi Family R3, Unit Rate 3611921130088 6642 CAMDEN DR 19775 $ 609.07 19776 $ 182.74 Multi Family R3, Unit Rate 3611921130087 6644 CAMDEN DR 19775 $ 609.07 19776 $ 182.74 Multi Family R3, Unit Rate 3611921130086 6646 CAMDEN DR 19775 $ 609.07 19776 $ 182.74 Multi Family R3, Unit Rate 3611921310017 6330 COLFAX AVE N 19775 $ 4,353.00 19776 $1,306.00 3611921310011 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 AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921310009 343 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921310003 400 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 41353.00 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 16417 1 COLFAX AVE N 19775 4,353.00 119776 $ 1,306.00 3 of 6 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL December 11, 2017 2018 FIREHOUSE PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2018-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY J STORM NOTES 3611921310030 6418 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921310029 1 6422 COLFAX AVE N 19775 $4,353.00 19776 $1,306.00 3611921310035 6423 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921310034 6429 COLFAX AVE N 19775 $ 4,353.00 19776 $1,306.00 3611921310028 6430 COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 3611921310033 6435 COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 3611921310027 6436 COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 3611921310026 6442 COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 3611921240008 6600 COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 3611921240036 6601 COLFAX AVEN 19775 $ 4,353.00 19776 1,306.00 3611921240035 6607 COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 3611921240058 6610 COLFAX AVE N 775 4,353.00 19776 1,306.00 611921240034 6613 COLFAX AVEN 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 COLFAX AVEN 19775 4,353.00 19776 $1,306.00 36 11921240056 6624 COLFAX AVEN 19775 4,353.00 19776 $1,306.00 36 11921240032 6625 COLFAX AVE N 19775 4,353.00 19776 $1,306.00 3611921240048 6630 1 COLFAX AVE N 19775 $ 8,706.00 19776 $2,612.00 Subdividable RI 2 equivalent parcels 361 1921240031 6631 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 361 1921240030 37 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 361 1921240029 6643 COLFAX AVE N 19775 $ 4,353.00 19776 $1,306.00 3611921210043 6700 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210051 6701 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210042 706 COLFAX AVEN 19775 $ 4,353.00 19776 $ 1,306.00 3611921210050 6707 COLFAX AVE N 19775 4,353.00 19776 $ 1,306.00 36 11921210041 6712 COLFAX AVE N 19775 4,353.00 19776 $ 1,306.00 36 11921210049 6713 COLFAX AVE N 19775 4,353.00 19776 $ 1,306.00 361 1921210040 6718 COLFAX AVEN 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 611921210038 6730 COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 611921210046 6731 COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 611921210037 6736 COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 611921210045 6737 COLFAX AVE N 19775 $4,353.00 19776 1,306.00 611921210036 6742 COLFAX AVE N 19775 $4,353.00 19776 1,306.00 611921210044 743 COLFAX AVE N 19775 $4,353.00 19776 1,306.00 611921210027 6800 COLFAX AVE N 19775 $4,353.00 19776 1,306.00 611921210019 6801 COLFAX AVE N 19775 $4,353.00 19776 1,306.00 611921210026 6808 COLFAX AVEN 19775 $4,353.00 19776 1,306.00 611921210116 6811 COLFAX AVE N 19775 $4,353.00 19776 1,306.00 611921210025 6816 COLFAX AVEN 19775 $4,353.00 19776 1,306.00 611921210024 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 611921210016 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 COLFAX AVE N 19775 $4,353.00 19776 $ 1,306.00 36 11921320010 6331 EMERSONAVE N 19775 $4,353.00 19776 1,306.00 36 11921320006 6336 EMERSONAVE N 19775 $4,353.00 19776 $ 1,306.00 36 11921320009 6337 EMERSONAVE N 19775 $4,353.00 19776 1306.00 36 11921320007 6342 EMERSONAVE N 19775 $ 4,353.00 19776 $1,306.00 36 11921320008 6343 EMERSONAVE N 19775 4,353.00 19776 1,306.00 36 11921320020 6400 1 EMERSONAVE N 19775 4,353.00 19776 .I,306.00 36 11921320027 6401 JEMERSON AVE N 19775 $ 4,353.00 19776 $1306.00 611921320021 6406 JEMERSON AVE N 19775 4,353.00 19776 $1,306.00 611921320026 6407 JEMERSON AVE N 19775 4,353.00 19776 $1,306.00 13 611921320022 6412 JEMERSON AVE N 119775 4,353.00 19776 $1,306.00 13 611921320025 413 RSON AVE N 119775 4,353.00 119776 $1,306.00 1 4 of 6 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL December 11, 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 EMERSONAVE N 19775 $ 4,353.00 19776 $ 1,306.00 36 11921320086 6425 EMERSONAVE N 19775 $ 4,353.00 19776 $ 1,306.00 36 11921320085 6431 EMERSON AVE N 19775 $ 4,353.00 19776 $1,306.00 36 11921320084 6437 EMERSON AVE N 19775 4,353.00 19776 $ 1,306.00 3611921320083 6443 EMERSON AVE N 19775 4,353.00 19776 $ 1,306.00 36 11921220051 6700 EMERSON AVE N 19775 4,353.00 19776 $ 1,306.00 3611921220050 6712 EMERSON AVE N 19775 $ 4,353.00 19776 $ 1,306.00 611921220049 6718 EMERSONAVE N 19775 4,353.00 19776 $ 1306.00 36 11921220048 6724 EMERSON AVE N 19775 4,353.00 19776 $ 1,306.00 36 11921220018 6732 -E MERSON AVE N 19775 4,353.00 19776 $ 1,306.00 3611921220035 6733 -E MERSON AVE N 19775 $ 4,353.00 19776 $ 1,306.00 36 11921220019 6800 -E MERSON AVE N 19775 $ 4,353.00 19776 $ 1,306.00 36 11921220034 6801 -E MERSON AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921220020 6806 -E MERSON AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921220033 6807 EMERSONAVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921220021 6812 -E MERSON AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921220032 6813 EMERSON AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921220022 6818 -E MERSON AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921220031 6819 EMERSON AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921220023 6824 EMERSONAVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921220030 6825 -E MERSON AVE N 19775 $ 4,353.00 1 776 $ 1,306.00 3611921220024 6830 -E MERSON AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921220029 6831 -E MERSON AVE N 19775 $ 4,353.00 76 $ 1,306.00 3611921220025 6836 E MERSON AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921220028 6837 EMERSON AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921220026 6842 EMERSON AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921220027 6843 EMERSONAVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320013 6330 FREMONT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320056 6331 FREMONT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320014 6336 FREMONT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320093 6337 F EMONT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320015 6342 FREMONT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320054 43 FREMONT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320028 6400 FF4EMONT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320049 6401 FREMONT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320029 6406 FREMONT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320048 6407 FREMONT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320030 6412 FREMONT AVE N 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 $ 41353.00 19776 $ 1,306.00 3611921320087 6424 FREMONT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320034 6425 FREMONT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921320088 6430 FREMONT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921320033 6433 FREMONT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320089 6436 FREMONT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921320065 6325 GI ARDAVE N 19775 4,353.00 19776 1,306.00 3611921320059 6330 GIRARD AVE N 19775 4,353.00 19776 1,306.00 3611921320064 6331 GIRARD AVE N 19775 $ 4,353.00 19776 1,306.00 3611921320060 6336 GIRARD AVE N 19775 $ 4,353.00 19776 $1,306.00 3611921320063 6337 GIRARD AVE N 19775 4,353.00 19776 1,306.00 3611921320061 6342 GIRARD AVE N 19775 4,353.00 19776 1,306.00 361 1921320062 6343 GIRARD AVE N 19775 4,353.00 19776 1,306.00 36 11921320050 6400 GIRARD AVE N 19775 4,353.00 19776 1,306.00 36 11921320073 6401 GIRARD AVE N 19775 -4,353.00 19776 1,306.00 36 11921320051 6406 GIRARD AVE N 19775 $ 4,353.00 19776 1,306.00 36 11921320072 6407 GIRARD AVE N 19775 $ 4,353.00 19776 $ 1,306.00 36 11921320052 6412 GIRARD AVE N 9775 $ 4,353.00 19776 $ 1,306.00 ,36 11921320071 1 6413 GIRARD AVE N 19775 $ 4,353.00 19776 $ 1,306.00 136 11921320053 16418 IGIRARD AVE N 19775 $ 4,353.00 19776 $ 1,306.00 11921320070 419 GIRARD AVE N 19775 $ 4,353.00 19776 1 5 of 6 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL December 11, 2017 2018 FIREHOUSE PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2018-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY#STORM NOTES 611921320035 6424 GIRARD AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320042 6425 GIRARD AVEN 19775 $4,353.00 19776 $1,306.00 36 11921320036 430 G RARD AVE N 19775 $ 4,353.00 19776 $ 1,306.00 36 11921320041 431 RARD AVEN 19775 $4,353.00 19776 $1,306.00 36 11921320037 436 GIRARD AVE N 19775 $4,353.00 19776 $1,306.00 36 11921320040 6437 IGIRARD AVEN 19775 $4,353.00 19776 $1,306.00 36 11921320039 6443 GIRARD AVE N 19775 $4,353.00 19776 $1,306.00 36 11921320066 _6324 HUMBOLDT AVEN 19775 $4,353.00 19776 $1,306.00 3611921320067 6330 HUMBOLDT AVE N 19775 $4,353.00 19776 $1,306.00 361 1921320068 _6336 HUMBOLDT AVE N 19775 $ 4,353.00 19776 $1,306.00 361 1921320069 _6342 HUMBOLDT AVEN 19775 $ 4,353.00 19776 $ 1,306.00 361 1921320074 6400 HUMBOLDT AVE N 19775 $ 41353.00 19776 $ 1,306.00 36 1921320075 6406 HUMBOLDT AVEN 19775 $ 4,353.00 19776 $ 1,306.00 3611921320076 6412 HUMBOLDT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 361 1921320077 6418 HUMBOLDT AVEN 19775 $ 4,353.00 19776 $ 1,306.00 361 1921320043 _6424 HUMBOLDT AVEN 19775 $ 4,353.00 19776 $ 1,306.00 3611921320044 6430 HUMBOLDT AVE N 19775 $ 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 $ 1,306.00 BrooklynCenterEDAProperty Total Assessments 1 $1,515,510.11 1 $486,334.17 6 of 6 City of Brooklyn Center Firehouse Park Area Street and Utility Improvements (2018) & 51st Avenue/Frontage Road Improvements (2018) Public Hearings December 11, 2017 Public Improvement Hearing: Special Assessments: Local public improvements to the City’s infrastructure based on State of Minnesota Statute Chapter 429 Firehouse Park Area Street & Utility Improvements, Project Nos. 2018-01, 02, 03 & 04 51st Avenue/Frontage Road Improvements, Project No 2018-06 Capital Improvement Program City Initiated Program in 1993 Reconstruct Aging Public Streets and Utilities 91.4 miles (87%) Completed 2018 will be the 25th Year Projected Completion 2021 13.6 Miles Remaining Est. Cost 2018-2032 CIP: $201 million Project Planning Project Evaluation Sanitary Sewer Water Main Storm Drainage Streets, Sidewalks and Trails Street Lights Other Firehouse Park Area Reconstruction Project Sanitary Sewer Collection System Collection System Installed in 1961,1963, 1967, 1968, 1970, 1971, 1974 and 1978 Mainly 8” VCP, some 8” PVC Root Intrusion - annual root sawing required to maintain conveyance capacity (65%) Condition Survey / Televising Inspections (cracked pipe, sags) Proposed Improvements New trunk sewers within streets, Line trunk sewers within easements (where root sawing or cracked pipe areas: approx. 87%) Replace service lines up to property line within streets Distribution System Installed: 1961- 1965, 1967, 1968, 1970, 1971 1973, 1974 and 1978 6” and 8” CIP 16”CIP on 64th Ave Cast Iron Pipe with cement liner – in relatively good condition (couple issue areas) Issues - Undermining Cast Iron Pipe (during sanitary sewer replacement) Proposed Improvements Replace valves and hydrants throughout project area Replacement of Water Main (where adjacent to deep sanitary sewer replacement and in break areas: approx. 50%) Replace service lines up to property line , Curb Stops Water Distribution System Storm Water Drainage System Existing storm sewer system is developed throughout neighborhood – some standing water on road edges and at intersections Expansion of system needed Coordination with water and sewer replacement Proposed Improvements Remove and Replace Storm Structures and Pipe As Needed Extend new catch basins and storm sewer pipe where feasible Water quality treatment: infiltration basins, rain gardens, other improvements where feasible Pavement Condition vs. Drainage (Typical) Pavement Condition Subgrade (Foundation) Condition (Good condition) Drainage issues Pavement Material Deterioration Street Reconstruction Proposed Improvements New Curb and Gutter Full Depth Pavement and Aggregate Base Reconstruction 30 feet wide; 67th Ave (Humboldt to Dupont): 40 feet wide; 67th Ave (Dupont to cul-de-sac): 32 feet wide Pedestrian Curb Ramps at Existing Sidewalks Restoration Restoration Driveways that are disturbed due to the street reconstruction will be replaced. Disturbed boulevard areas will be restored with topsoil and sod. Tree replacement on 1:1 ratio in fall Street Lighting Street Light Styles Street Light Policy Street Lighting Existing Lights on Multi-Use Poles to Remain Replace 15 free- standing street lights with fiberglass poles and cut-off type LED light fixtures 51st Avenue/Frontage Road Improvements Sanitary Sewer Collection System (51st Ave) Collection System Installed in 1964 was 8” VCP Root Intrusion- root sawing required to maintain conveyance capacity Condition Survey / Televising Inspections (cracked pipe) Proposed Improvements New trunk sewers within 51st Avenue No improvements to trunk sewer which was lined 2003 on Brooklyn Blvd Frontage Road Replace service lines up to property line within streets Water Distribution System (51st Ave) Distribution System Installed: 1964 3” CIP on 51st Ave 12” CIP on Brooklyn Blvd Cast Iron Pipe– in relatively good condition Issues - Undermining Cast Iron Pipe (during sanitary sewer replacement) Proposed Improvements Replacement of Water Main on 51st Ave with 6” DIP Replace valve and add a hydrant on 51st Ave Replace service lines up to property line, Curb Stops Storm Water Drainage System (51st Ave) Existing storm sewer system is developed in this area – some standing water on road edges Expansion of system needed on frontage road/Lilac Drive Coordination with water and sewer replacement on 51st Ave Proposed Improvements Remove and Replace Storm Structures and Pipe As Needed on 51st Ave Extend new catch basins and storm sewer pipe where feasible on Frontage Road/Lilac Drive Pavement Condition (51st Ave) Pavement Condition Subgrade (Foundation) Condition (Good condition) Drainage issues Pavement Material Deterioration Street Reconstruction (51st Ave) Proposed Improvements (51st Avenue) New Curb and Gutter Full Depth Pavement and Aggregate Base Reconstruction 30 feet wide Addition of turn lanes (SB on Brooklyn Boulevard and on 51st Avenue) Closure of west leg of intersection and Remove Frontage Road Right in/right out entrance for school and church Replace Sidewalk Lilac Drive and South TH 100 Ramp Proposed Improvements (Lilac Drive) New traffic signal including ADA, APS and FYA as part of Brooklyn Blvd Phase 1 Removal of free right turn Tighten free right (vehicles travel at lower speeds) New Curb and Gutter Full Depth Pavement and Aggregate Base Reconstruction 28 feet wide New 6’ concrete sidewalk with 5’ boulevard on south side of Lilac Drive Public Right-of-Way Right-of-way and easements are dedicated to the public for construction and maintenance of streets and utilities Delineated on subdivision plats. Typical right-of-way width 60’ for Firehouse Park Area 50’ for 51st Ave Right-of-way edge is approx. 10’-15’ beyond the edge of street pavement. During Construction - Inconvenience Preliminary Project Budget (Firehouse) CIP – Est. Percent Project Amount Total Special Assessments $ 2,001,844.28 16.3% Sanitary Sewer Utility $ 2,240,000.00 18.3% Water Utility $ 1,658,000.00 13.5% Storm Drainage Utility $ 1,803,665.83 14.7% Street Light Utility $ 150,000.00 1.2% Street Reconstruction Fund $ 4,004,489.89 32.6% Municipal State Aid (MSA) Fund $ 410,000.00 3.4% Total $12,268,000.00 100% Note: These are only preliminary estimated amounts Preliminary Assessment Area (Firehouse) Preliminary Project Budget (51st Ave) CIP – Est. Percent Project Amount Total Special Assessments $ 28,295.00 4.7% Sanitary Sewer Utility $ 60,000.00 10.0% Water Utility $ 70,000.00 11.7% Storm Drainage Utility $ 73,470.00 12.3% Street Reconstruction Fund $ 248,235.00 41.3% Municipal State Aid (MSA) Fund $ 120,000.00 20.0% Total $ 600,000.00 100% Note: These are only preliminary estimated amounts Preliminary Assessment Area (51st Ave) Special Assessments - Estimated Amounts & Payment Options Full Street Reconstruction with New Curb and Gutter 2018 Assessment Rates for R1 properties: $4,353 (street) + $1,306 (drainage) = $5,659 2018 Assessment Rates for R3 properties: based on front foot basis, divided by total number of units 2018 Assessment Rates for R4/R5 properties: based on acreage basis 2018 Interest Rate: 4.0% 1.Pay in full - No interest between March and September 30, 2018 2.Pay in full from October 1 to November 21, 2018, with interest from October 1 3.Pay in installments with property taxes over a 10-year period starting in 2019 Partial prepayments cannot be accepted If a project is approved an Assessment Reminder Letter will be sent Estimated Payment Amount Note: These are only preliminary estimated amounts – these amounts will change dependent on when interest starts accruing. Approximate monthly payment ranges from $49 - $71. Preliminary Project Schedule Neighborhood Informational Meeting October 24, 2017 Council Receives Feasibility Report November 13, 2017 Conduct Public Hearing/Order Plans December 11, 2017 Approve Plans/Advertise for Bids January 2018 Accept Bids/Award Project February/March 2018 Begin Construction April 2018 Substantial Completion October 2018 Tree Replacements Fall 2018 Staff Recommendations: - Authorize Projects - Certify Special Assessments December 11, 2017 City of Brooklyn Center Firehouse Park Area Street and Utility Improvements (2018) & 51st Avenue/Frontage Road Improvements (2018) BC Pedestrian and Bicycle Plan Existing Sidewalks and Trails City CouncH Agendzi Hem N©0 M COUNCIL ITEM MEMORANDUM DATE: December 5, 2017 TO: Curt Boganey, City Manager FROM: Mike Albers, Acting City Engineer M/1- SUBJECT: Public Hearings for 51st Avenue/Frontage Road Improvements: Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project No. 2018-06, 51 " Avenue/Frontage Road Street, Storm Drainage and Utility Improvements Resolution Certifying Special Assessments for Improvement Project No. 2018-06, 51st Avenue/Frontage Road Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Recommendation: It is recommended that the City Council approve the attached resolutions ordering the 51 s' Avenue/Frontage Road Street, Storm Drainage and Utility Improvements; authorizing preparation of project plans and specifications; and certifying special assessments for the project to the Hennepin County Tax Rolls. Background: A series of two public hearings are scheduled on December 11, 2017. The first hearing is to consider ordering improvements and authorize preparation of plans and specifications for Improvement Project No. 2018-06. The second hearing is to consider certification of proposed special assessments for street and storm drainage improvements for Improvement Project No. 2018-06. All potentially affected property owners have been notified by mail of the date for public hearings and the amount of proposed special assessments. I. Explanation of Improvements The proposed project includes roadway, storm drainage and utility improvements for the residential neighborhood area commonly referred to as the 51 " Avenue/Frontage Road Area. The project was previously established by the City Council on May 8, 2017, by Resolution 2017-70. On November 13, 2017, the City Council received the project feasibility report and called for a public hearing to be held on December 11, 2017, to consider these improvements. The project feasibility report provides a description of recommended improvements for the neighborhood and an estimated project budget. The proposed improvements are as follows: Street Improvements - Full street reconstruction of 51 " Avenue from Brooklyn Boulevard to Xerxes Avenue including regrading, base preparation, installation of concrete driveway aprons, bituminous paving, installation of concrete curb and gutter, replacement of street signs, replacement of the sidewalk, addition of a westbound right-turn lane and boulevard restoration. The project also includes removing the Brooklyn Boulevard Frontage Road and relocating the west approach at Brooklyn Mission: Ensuring an attractive, clean, safe, inclusive co;nnninitr that enhances the quality of life for all people and preserves Il e public trust - 171WIN9119Mk7A VA I k'A [I] 1I IllIJh"A I Boulevard and 51St Avenue to the north, converting it to a right-in/right-out only and reconstruction of Lilac Drive to a width of 28-feet from New Millennium Academy to the new signal at the Trunk Highway (TH) 100 South Ramp including regrading, base preparation, installation of concrete driveway aprons, bituminous paving, installation of concrete curb and gutter, installation of a new 6' sidewalk and boulevard restoration. 2.Storm Drainage Improvements - Includes the installation of concrete curb and gutter on 51 " Avenue and Lilac Drive, repair and replacement of existing storm sewers on 51st Avenue and installation of new storm sewers on Lilac Drive. 3.Water Main Improvements - Includes the complete replacement of the existing water main pipes and installation of new valves, hydrant and water services to the shut off valve where impacted on 51st Avenue. 4. Sanitary Sewer Main Improvements - Includes complete replacement of sanitary sewer pipe, access structures and residential sewer services to the property lines on 51 " Avenue. The trunk line that runs along Brooklyn Boulevard Frontage Road was lined in 2003 and is recommended to remain. H. Summary ofAssessments Special assessments are proposed as one of several funding sources for the improvements located within the 51st Avenue/Frontage Road Area. On November 13, 2017, the City Council adopted the 2018 special assessment rates for street and storm drainage improvements for residential zoned properties. The 2018 rates were established in accordance with the City's Special Assessment Policy. The feasibility report includes a preliminary assessment roll identifying approximately S non- subdividable residential properties that are zoned "Ri". Special assessments for non- subdividable single-family residential properties that are zoned RI were calculated at full unit assessment rates of $4,353 for street improvements and $1,306 for storm drainage improvements. See attached Appendix D—Final Assessment Roll and Figure 5—Assessment Map from the project feasibility report. Public Comments A property owner may choose to appeal or object to a special assessment. If an owner files an appeal with the City Clerk prior to the public hearing, or should any person appear at the public hearing and object to an assessment, staff recommends that the City Council refer any substantive objections to staff for a report back to the City Council at a continued public hearing. An example might be an issue whereby staff would need to research the history of a particular complaint and assemble documentation. The City Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is actually filed with district court, the City Attorney will advise the City Council of options for handling the dispute and potential litigation issues. Mission: Ensuring an attractive, clean, safe, inclusive conununit' that enhances the quality of life for all people and preserves the public trust [i1ikYiJ I R I I Ih'A LAI Dk'A [I] WI IIIJhYA I Currently, staff is not aware of any substantive objection and recommends approval accordingly. Public comments were included in the Feasibility Study (Appendix B). Staff has not received any additional comments. Payment Options Available to Property Owners Once an assessment roll is adopted by the City Council, the owner of each property has the following payment options: Pay the entire amount of the special assessment, without interest, between March 1 and September 30, 2018. 2. From October 1, 2018, to the end of the business day on November 21, 2018, a property owner may pay the total assessment, with interest calculated from October 1, 2018, to the date of payment. A property owner may pay the assessment over a 10-year period. The first payment will be due with taxes in 2019. The total principle will be payable in annual installments. Interest at 4.0 percent is paid on the unpaid balance. 4. Partial prepayments (such as paying half now and certifying the balance) are not allowed under the City's current Assessment Policy. III. Recommended Council Procedure First Public Hearing to Order Improvements: Staff recommends that a presentation be provided to the City Council prior to holding the first public hearing. Following the presentation, a public hearing to consider ordering the improvement project should be conducted to receive public comments. Public comments concerning special assessments should be deferred to the second public hearing. A resolution ordering the improvements and authorizing preparation of plans and specifications is provided for City Council consideration upon closing of the first public hearing. Second Public Hearing for Special Assessments: After taking action on the first proposed resolution to order project, it is recommended that the City Council then conduct a second public hearing on proposed special assessments. The attached resolution certifying special assessments for street and storm drainage improvements for Improvement Project No. 2018-06 to the Hennepin County tax rolls is provided for City Council consideration upon closing of the second public hearing. Budget Issues: The proposed street and utility improvements are included in the 2018 Capital Improvement Program for the City of Brooklyn Center. The total project cost is estimated to be $600,000. Funding sources for the project are budgeted from sources as described in the project feasibility report previously accepted by the City Council on November 13, 2017. The special assessment rates were adopted by the City Council on November 13, 2017. Mission: Ensuring on attractive, clean, safe, inclusive coinnnuiitj' that enhances the quality of life for all people and preserves (lie public (rust [i1U[iJ I I I'A LU 31L'A [I] 'I I1IJYAI Strategic Priorities: Key Transportation Investments IWission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 2018-06, 51ST AVENUE/FRONTAGE ROAD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on May 8, 2017, authorized consideration of street, storm drainage and utility improvements in the area generally described as "5 IST AVENUE/FRONTAGE ROAD AREA", more specifically described as follows: 51St Avenue N from Brooklyn Boulevard to Xerxes Avenue N; Brooklyn Boulevard Frontage Road from 515t Avenue N to Lilac Drive N, Lilac Drive N from Brooklyn Boulevard Frontage Road to 1060' southwest of Brooklyn Boulevard; and WHEREAS, the City Council has received and accepted a feasibility report for said proposed improvements, as prepared under the City Engineer's supervision; and WHEREAS, said improvements are necessary, cost effective and feasible as detailed in the feasibility report; and WHEREAS, the City Council on November 13, 2017, adopted a resolution setting a date for a public hearing regarding the proposed improvements for the 515t Avenue/Frontage Road Area; and WHEREAS, ten days published notice of the hearing was given and hearing was held on December 11, 2017, at which time all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the City Council has considered all comments, testimony, evidence and reports offered at or prior to December 11, 2017, hearing; and WHEREAS, the City reasonably expects to spend monies from the Infrastructure Construction Fund on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax-exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments or utility fees. The maximum amount of special assessment obligations expected to be issued for such project is $28,295.00; and WHEREAS, the Acting City Engineer is prepared to develop plans and specifications for said public improvement project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: Improvement Project No. 2018-06, 5l Avenue/Frontage Road Street, Storm Drainage and Utility Improvements, are hereby ordered and the Acting City Engineer is authorized to prepare plans and specifications for said improvements. 2. This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulations and any successor law, regulation, or ruling. This resolution will be modified to the extent required or permitted by Treasury Regulations or any successor law, regulation, or ruling. December 11, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2018-06, 51st AVENUE/FRONTAGE ROAD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met, heard and passed upon all objections to the proposed Special Assessment Levy Nos. 19777 and 19778; and WHEREAS, assessment rolls, copies of which are attached hereto and part hereof by reference, have been prepared by the Acting City Engineer and City Clerk, tabulating those properties where street improvement and storm drainage costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: Such proposed assessments, Special Assessment Levy No. 19777 for street improvements and Special Assessment Levy No. 19778 for storm drainage improvements, made a part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be benefited by improvement in the amount of assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period often (10) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 2019, and shall bear interest on the entire assessment at the rate of 4.0 percent per annum from October 1, 2018, through December 31, 2019. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor pay the whole assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before September 30, 2018. After September 30, 2018, he or she may pay the total assessment, plus interest. Interest will accumulate from October 1, 2018, through the date of payment. Such payment must be made by the close-of- business November 21, 2018, or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off the balance at some point in the future, such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. December 11, 20 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I IJJ-ik°TflhI '\lb H in -oci) >Cl) ci) - ci) J 0 ci) 0 l.iIliuui 11t1Ui11j Cci) ECoCoci)Cl)U) ci) 3)C U) ci)C))0co EWING AVE N Cz+I 4 S S - 1 I S I S I S -1 :< :L CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL December 11, 2017 2018 51ST AVENUE IMPROVEMENTS IMPROVEMENT PROJECT NO. 2018-06 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY#STORM 10118211140014 3001 Slst Avenue N 19777 $ 4,353.00 19778 $1,306.00 10118211.10020 3006 51stAvenueN 19777 $ 4,353.00 19778 $1,306.00 1011821110019 3012 5lst Avenue N 19777 $ 4,353.00 19778 $1,306.00 1011821140013 5050 Brooklyn Boulevard 19777 $ 4,353.00 19778 $1,306.00 1011821110018 5100 Brooklyn Boulevard 19777 $ 4,353.00 19778 $1306.00 Total Assessments $ 21,765.00 $ 6,530.00 Oty C©ll Ad He N©0 COUNCJ[L ]ITEM MEMORANDUM DATE: December 11, 2017 TO: Curt Boganey, City Mang FROM: Giimy McIntosh, Planner/Zoning Administrator THROUGH: Gary Eitel, Director of Business and Development A2- - SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2017-012 Submitted by Trent Mayberry/Told Development Company Approving New Site and Building Plan for the Development of a Bank of America on Building Site F in the Shingle Creek Crossing 6th Addition (Located at 2545 County Road 10) Recommendation: It is recommended the City Council adopt the Resolution Regarding the Disposition of Planning Application No. 2017-012, submitted by Trent Mayberry of Told Development Company, approving a new site and building plan for the development of a Bank of America on Building Site F in the Shingle Creek Crossing 6th Addition, located at 2545 County Road 10, Background On November 30, 2017, the City of Brooklyn Center Planning Commission reviewed Planning Application No. 2017-012, as submitted by Trent Mayberry of Told Development Company, which requested approval of a new site and building plan for the proposed development of a one- story, 3,984-square foot Bank of America with ATM drive-thru on Building Site F in the Shingle Creek Crossing 6th Addition/Planned Unit Development, located at 2545 County Road 10. Attached for your review is Planning Commission Resolution No. 2017-012, in which the Planning Commission provided a favorable and unanimous recommendation for approval to the City Council regarding the proposed construction of a Bank of America branch location with ATM drive-thru on Building Site F within the Shingle Creek Crossing 6 Addition/ Planned Unit Development. Excerpt draft minutes from the November 30th Planning Commission meeting as related to this item are attached for the Council's review, as well as a copy of the Planning Commission Report, exhibits of the proposed development, and Planning Commission Resolution No. 2017-016. Budget 1[ssues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive connnuni(y that enhances the qua//ti' of//fe for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-012 SUBMITTED BY TRENT MAYBERRY/TOLD DEVELOPMENT COMPANY APPROVING NEW SITE AND BUILDING PLAN FOR THE DEVELOPMENT OF A BANK OF AMERICA ON BUILDING SITE F IN THE SHINGLE CREEK CROSSING 6TH ADDITION (LOCATED AT 2545 COUNTY ROAD 10) WHEREAS, Planning Commission Application No. 2017-012 was submitted by Trent Mayberry/Told Development Company (the "Applicant") requesting approval of a new Site and Building Plan for the development of a 3,984-square foot, single-story Bank of America branch location with ATM drive-thru at 2545 County Road 10 (the "Subject Property"); and WHEREAS, the Subject Property is located within the Shingle Creek Crossing Planned Unit Development, is zoned PUD/C2 (Planned Unit Development/Commerce) District; and WHEREAS, on November 13, 2017, City Council approved an amendment to the Shingle Creek Crossing Planned Unit Development plans and documents to allow the option of providing alternative design concepts for the Subject Property, also known as Building Site F, including its development as a bank with drive-thru; and WHEREAS, the Planning Commission held a public meeting on November 30, 2017, to fully consider Planning Commission Application No. 2017-012, and reviewed and received a planning report on the proposed new Site and Building Plan for the proposed Bank of America branch location, and other related improvements in conjunction with the Shingle Creek Crossing Planned Unit Development; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission finds that the Site and Building Plan are an appropriate and reasonable development for the Subject Property and are consistent with the General Development Plans of the overall Shingle Creek Crossing Planned Unit Development. WHEREAS, the Planning Commission of the City of Brooklyn Center does hereby recommend to the City Council that the Site and Building Plan for the proposed Bank of America branch location (also known as "Building Site F" within the Shingle Creek Crossing Planned Unit Development), and as comprehended under Planning Application No. 2017-012, be approved based upon the following considerations: 1. The Site and Building Plan is compatible with the standards, purposes, and intent RESOLUTION NO. Page 2 of 5 of the City's Zoning Ordinance; 2, The 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; 3.The improvements and utilization of the Subject Property as proposed under the planned redevelopment of the Subject Property is considered a reasonable use of the property and will conform to ordinance standards; 4.The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the City; 5.The Site and Building Plan proposal appears to be a good long range use of the existing land and the proposed development can be considered an asset to the community; and 6.Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan, as contained in Section 35- 230 (Plan Approval) of the City's Zoning Ordinance have been met, and the site proposal is, therefore, in the best interest of the community. AND WHEREAS, upon acceptance of all public comments and discussion of this item, the Planning Commission adopted Planning Commission Resolution No. 2017-016, which provides a favorable and unanimous recommendation to the City Council that the Site and Building Plan for the proposed Bank of America branch location be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2017-012, submitted by Trent Mayberry of Told Development Company and requesting approval of a new Site and Building Plan for a Bank of America branch location with ATM drive-thru, and located on Building Site F in the Shingle Creek Crossing Planned Unit Development at 2545 County Road 10, is hereby approved, subject to the following conditions: 1. Building and Site Plan 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 or other fire-related building code RESOLUTION NO. Page 3 of 5 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.Fire hydrants were not identified in the submitted set of civil plans for the Subject Property; therefore, the Applicant shall work with the City/Fire Department to address installation of fire hydrants where necessary so as to meet code requirements. c, The Applicant shall verify that the proposed building and site has met the Shingle Creek Crossing PUD Architectural Design Guidelines and City requirements. Revisions include, but are not limited to: i.Revisions to the exterior building elevations to meet the building material requirements (e.g., at least 50-percent of all four sides of the building will be constructed of Class I materials, no large expanses of blank and featureless walls). ii.Revisions to the submitted civil plans as necessary to reflect placement of any outdoor mechanical equipment and outdoor trash enclosures. iii. Revisions to the submitted landscape plan to address planting deficiency per the City's Landscape Point System policy. 2. Agreements: a.No construction on the Subject Property (Building F in the Shingle Creek Crossing PUD) shall be allowed until the final plat of the Shingle Creek Crossing 6th Addition has been filed and recorded with the Hennepin County Recorder. b.The owner of the Subject 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. c.The Property Owner/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. Refer to the City Assistant Engineer's memorandum dated November 21, 2017, for more information (Exhibit Q. d.Any amplified voice systems utilized in conjunction with the proposed drive-thru ATM lane shall meet the noise standards of the Minnesota Pollution Control Agency (MPCA) and City Code requirements. e. The Developer shall submit an as-built survey of the Subject Property, as well as any improvements and utility service lines, prior to release of the performance guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memorandum, dated November 21, 2017 (Exhibit C): a. Final grading, drainage, utility and erosion control plans, and any other site RESOLUTION NO. Page 4 of 5 engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. 4. 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 (MPCA) 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. 5. Facilities and Equipment: a.Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per the City Zoning Code and Shingle Creek Crossing PUD Architectural Design Guidelines requirements. b.Any outdoor enclosures shall be constructed with materials that are complementary to the principal building (Bank of America). c.The Applicant will provide assurance that the maximum level of 10-foot candles or less will be maintained at the property line for lighting in accordance with Section 35-712 (Lighting) of the City Zoning Code. d.Lighting shall meet the requirements of the Shingle Creek Crossing PUD Architectural Design Guidelines, including use of dark-sky friendly or cutoff style fixtures, and poles, fixtures, and bases of a consistent, dark color. 6. Landscaping: a.All landscaped areas, including street boulevards, shall include approved, irrigation systems to facilitate site maintenance. Per Sheet L1.1 (Landscape Plan Notes & Details), the "entire site shall be fully irrigated. The contractor shall submit irrigation shop drawings for review and approval by the landscape architect prior to installation." b.The Applicant shall revise the landscape plan as necessary to meet the City's minimum Landscape Point System policy requirements. 7. Signage: The Applicant shall submit a Building Permit application for any proposed signage as part of the development proposal. Signage is subject to the Shingle Creek Crossing Sign Program requirements. Signage not addressed as part of the Program is subject to Chapter 34 of the City Sign Ordinance. RESOLUTION NO. Page 5 of 5 December 11, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 'I. .f, a) APPLICATION NO. 2017-012 TRENT MAYBERRY / TOLD DEVELOPMENT COMPANY PROPERTY ADDRE SS: 2545 COUNTY ROAD 10 Chair Christensen introduced Application No. 2017-012, consideration of Building and Site Plan approval for a proposed 3,984-square foot Bank of America branch location with ATM drive- thru, located at 2545 County Road 10. This site is also known as Building Site F in the Shingle Creek Crossing Planned Unit Development (PUD). (See Planning Commission Reports dated 11-30-201 7for Application No. 2017-012.) Planner and Zoning Administrator Ginny McIntosh presented the staff report and request of Trent Mayberry of Told Development Company for approval of a Site and Building Plan application for a 3,984-square foot Bank of America branch location at 2545 County Road 10, which is the former site of the Ground Round Restaurant and Boulevard Bar and Grill, This Subject Property is currently owned by the Brooklyn Center Economic Development Authority (EDA) and is scheduled to be sold to the Applicant upon approval of the Building and Site Plans. Ms. McIntosh provided background on the Subject Property, which came under EDA ownership in 2009. She explained that the building and parking lot was removed in the summer of 2009, and on May 23, 2011, the City Council approved the Shingle Creek Crossing PUD to redevelop the former Brookdale Mall property. Ms. McIntosh stated on November 13, 2017, the City Council approved Amendment No. 8 to the PUD plans and documents for Shingle Creek Crossing to allow HOM Furniture, Inc. and Gatlin Development Company the option of providing alternative design concepts for Building Site F (Subject Property) and another pad site, Building Site X, located south of the Subject Property. The property was approved for a bank with a drive thru, subject to meeting the minimum parking requirements for the Shingle Creek Crossing PUD and approval of a Site and Building Plan. Ms. McIntosh presented details of the Site Plan and proposal to construct a one-story Bank of America, including the proposed vehicular access and parking. She stated 53 spaces will be provided, including ADA spaces, and only 18 spaces are required under the minimum parking requirements for the Shingle Creek Crossing PUD. Ms. McIntosh described pedestrian and bicycle access, building key notes, and offered review comments. She displayed revised building renderings provided by the Applicant, noting the locations of timber accents, vintage wood, anodized metal, painted stucco, and stone. Ms. McIntosh reviewed the lighting, trash, screening details, and provided staff review comments on each. Ms. McIntosh reviewed staff's findings and stated staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2017-012, Building and Site Plan approval for a proposed 3,984-square foot Bank of America branch location with ATM drive-thru, located at 2545 County Road 10, subject to the conditions noted in the Planning Commission Report dated November 30, 2017, and in the draft Planning Commission Resolution. PC Minutes 11-30-17 -2- DRAFT Commissioner MacMillan asked if the property will be purchased or leased. Ms. McIntosh stated the EDA would sell the Subject Property. Chair Christensen noted the report talks about placing windows on sides, where possible, which is shown in the new renderings. He thanked the applicant for making that revision and asked about the orientation of the drive-thru elevation. Ms. McIntosh described the direction that each building elevation faced. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2017-016 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-012 SUBMITTED BY TRENT MAYBERRY / TOLD DEVELOPMENT COMPANY APPROVING NEW SITE AND BUILDING PLAN FOR THE DEVELOPMENT OF A BANK OF AMERICA ON BUILDING SITE F OF THE SHINGLE CREEK CROSSING 6TH ADDITION (LOCATED AT 2545 COUNTY ROAD lOi There was a motion by Commissioner Koenig, seconded by Commissioner Sweeney, to approve Planning Commission Resolution No. 2017-016. Voting in favor: Chair Christensen, and Commissioners Koenig, MacMillan, Schoiming, Tade, Sweeney, and Rizvi. And the following voted against the same: None The motion passed unanimously. The City Council will consider the application at its December 11, 2017, meeting. The Applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. Trent Mayberry of Told Development Company thanked the Planning Commission for their recommendation of approval. 7. DISCUSSION ITEMS 7a) HOLLY SUNDAY (OPPORTUNIITY FOR 3040 COMPREHENSIVE PLAN COMMUNITY ENGAGEMENT) Ms. McIntosh reported staff and the Comprehensive Plan consultant have discussed whether to utilize an upcoming event, Holly Sunday, as a kick-off for community engagement. After some discussion, it was decided the City would have a booth at that event, which in the past has been attended by over 600 people. This event will take place at the Community Center. Chair Christensen stated this is a fun event and encouraged residents to attend. Informational; no action required. PC Minutes 11-30-17 -3- DRAFT Planning Commission Report Meeting Date: November 30, 2017 0 1L (FR THE • Application Filed: 10/30/2017 • Review Period (60-day) Deadline: 12/29/2017 • Extension Declared: N/A • Extended Review Period Deadline: N/A Application No. 2017-012 Applicant: Told Development Company Location: 2545 County Road 10 Request: Site and Building Plan Approval INTRODUCTION Trent Mayberry of Told Development (the "Applicant") is requesting consideration and approval of a Site and Building Plan application for a 3,984-square foot Bank of America branch location, to be located at 2545 County Road 10 (the "Subject Property"). The Subject Property is the former site of the Ground Rounds Restaurant and Boulevard Bar and Grill. As the Subject Property is currently owned by the Economic Development Authority (EDA) of Brooklyn Center, the Subject Property is scheduled to be sold to the Applicant upon approval of the building and site plan. The site plan does not require a public hearing, but can be considered under a standard public meeting review, whereby comments from the general public may be allowed or noted for the record. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan: RB - Retail Business Current Zoning: PUD/C2 (Planned Unit Development/Commerce) District Shingle Creek Crossing Planned Unit Development Surrounding Zoning: North: C2 (Commerce) District —Brookdale Ford Site East: PUD/C2 (Planned Unit Development/Commerce) District —Kohl's Site South: PUD/C2 (Planned Unit Development/Commerce) District —Kohl's Site West: PUD/C2 (Planned Unit Development/Commerce) District —Shingle Creek Crossing PUD Site Area: Approximately 1.06 acres Setback Standards: The minimum building setback requirements of the Subject Property are as follows: Front Yard: 35 feet Rear Yard: 40 feet Side Interior Yard: 10 feet Corner Side Yard: 25 feet The building setbacks as proposed are: Front Yard: 50 feet Rear Yard: 65.5 feet Side Interior Yard: 82 feet Corner Side Yard: 42 feet App. No. 2017-012 Pc 11/30/2017 Page 1 Conformity to: Land Use Plan: Yes Zoning Ord.: Yes (PUD/C2 — Shingle Creek Crossing PUD) Subdivision Ord.: Yes Sign Ord.: Unknown or not under consideration at this time. Variance Needed for Request: No BACKGROUND Acquisition of the Subject Property by the Economic Development Authority (EDA) of Brooklyn Center occurred in 2009 under EDA Resolution No. 200905 (Resolution Authorizing the Acquisition of Property in Connection with the Redevelopment Planning for the Brookdale Mall Commercial Area). The Subject Property is located within the Shingle Creek Crossing Planned Unit Development (PUD) and is zoned PUD/C2 (Planned Unit Development/Commerce) District. On May 23, 2011, City Council approved the Shingle Creek Crossing Planned Unit Development (PUD) for redevelopment of the former Brookdale Mall properties. The Shingle Creek Crossing PUD included an overall Master Development Plan, which was intended to serve as a guide for future development on the Subject Property, and a number of approved variations from the Zoning Ordinance. On November 13, 2017, the City Council approved an amendment (No. 8) to the Planned Unit Development (PUD) plans and documents for Shingle Creek Crossing. Approval of this request allowed HOM Furniture, Inc. and Gatlin Development Company the option of providing alternative design concepts for the Subject Property (Building Site F) and another pad site located to the south of the Subject Property (Building Site X), as shown in Image 1 below. 20' WATERMAIN AND SANITARY SEWEREXISTING FULL EASEMEN1ACCESS TRAFFIC SIGNAL PLJO BOUNDARY (TYP.) rA - I I DRAIIJAGELOT12'((UTILITY EASEMENT BLOCK I / (WIDTH VARIES) "-_-DRIVE-ThRU \\. Image 1. Shingle Creek Crossing PUD Amendment Site Plan (2017). In conformance with the approval of City Council Resolution No. 2017-174 (Resolution Regarding the App. No. 2017-012 PC 11/30/2017 Page 2 Disposition of Planning Commission Application Na. 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), the Subject Property was approved for use as a bank with a drive-thru. As part of this resolution, site and building plan approval is still required to ensure compliance with the minimum parking ratios established by the Shingle Creek Crossing PUD. Site plans consistent with the alternative design concepts presented and meeting the parking ratios would not require additional revisions or amendments to the PUD. BUILDING AND SITE PLAN REVIEW Building The proposal calls for the construction of a one-story, 3,984-square foot Bank of America, to be located on approximately 1.06 acres at the southeast corner of County Road 10 and Shingle Creek Parkway, as shown below (Map 1). A civil set, containing site, utility, grading and drainage, landscaping, and photometric plans, have been provided by the Applicant and are attached hereto as Exhibit A. VV '--4I • - 'Count Roa^db^ - -----. -.- '- / * \\\ I Subject Property (2545 County Road 10) Map 1. subject Property Location. App. No. 2017-012 PC 11/30/2017 Page 3 H Image 2. 3D Architectural Rendering-North Elevation. Image 3, 3D Architectural Rendering-West and South Elevations. As shown in Images 2 and 3 above, and in Exhibit B, renderings of the proposed bank have been provided by the Applicant. PC 11/30/2017 Page 4 Properties located within the Shingle Creek Crossing PUD are subject to compliance with the Shingle Creek Crossing PUD Architectural Design Guidelines. As defined in the Guidelines, the maximum building coverage on a site is not to exceed 40-percent. As proposed, the bank building would encompass only 3.7-percent of Subject Property. The Guidelines also require that at least 50-percent of all four sides (wall surfaces) of a new building be constructed of Class I materials, with the remaining surfaces to be constructed of Class I or Class II materials. Class I materials include: brick or acceptable brick-type material, marble; granite; other natural stone or acceptable natural looking stone; textured cement stucco; copper; porcelain, glass; architectural textured concrete pre-cast panels; and other materials including masonry units with enhanced detailing such as patterns, textures, color, dimension, banding, and brick inlay, as approved by the City Planning Commission and City Council. Class II materials include: exposed aggregate concrete panels; burnished concrete block; integral colored split face (rock face) and exposed aggregate concrete block; cast-in-place concrete; artificial stucco (e.g., E,F.I.S., Drivit); artificial stone; fiber-reinforced cement board siding with a minimum thickness of 1/4 inch; canvas or vinyl awnings; prefinished metal; and other materials not listed elsewhere, as approved by the City Planning Commission and City Council. The architectural renderings provided (Images 2 and 3 and Exhibit B) note substantial composition of the building exterior in a finish of painted stucco. The building is to be accented with kasota stone (limestone), vertically-oriented fiber cement in a vintage wood finish, and aluminum composite panels (ACM) along the canopy. A curtain wall, featuring the main access to the building, would be oriented toward the north, with the drive-thru ATM lanes located along the west elevation of the proposed building. There are no plans to install a teller window along the drive-thru lanes. The Shingle Creek Crossing PUD Architectural Design Guidelines specify that large expanses of blank and featureless walls facing public street frontage shall incorporate architectural elements to mitigate the expanse. In the case of one-story buildings, "architecture shall reflect a two-story appearance with the use of upper windows, roof forms, and undulated skylines. Storefront glass shall dominate each façade. Where clear storefront glass is not feasible due to tenant functions, the use of spandrel glass is acceptable." As the south, and in particular, the west elevations will have no windows, it is requested that the Applicant introduce additional texture to these elevations as the western elevation would face the service road, which serves the Subject Property, and is visible from County Road 10, Shingle Creek Parkway, and the Shingle Creek Crossing shopping area, and as the south elevation will likely be the customer's first "experience" in entering the Subject Property. The Applicant will need to verify conformance with the Shingle Creek Crossing Architectural Design Guidelines prior to issuance of any building permits. ACCESS AND PARKING Vehicular Access/Parking The Applicant intends to reuse two existing access points to the Subject Property, given the site's former use as a Ground Rounds Restaurant and Boulevard Bar & Grill. Primary access would be via a 25-foot wide full access driveway off the service road to the former Kohl's site, which is proposed for redevelopment in 2018. Secondary access would be provided from within the Kohl's site, along the App. No. 2017-012 Pc 11/30/2017 Page 5 southern edge of County Road 10/13ass Lake Road. The driveways will lead into 24-foot wide two-way drive aisles, which meet the minimum width requirements for 90-degree parking spaces. The Shingle Creek PUD requires a minimum parking ratio of 4.5 spaces per 1,000-square feet; therefore, a minimum of 18 parking spaces are required. As shown in Table 1 (Parking Requirements) below, the Applicant intends to provide 53 parking spaces. The spaces would meet the width and depth requirements of the City Zoning Code and Shingle Creek Crossing PUD Architectural Design Guidelines at nine (9) feet in width by 18 feet in depth. The City Zoning Code requires that parking be prohibited within 15 feet of the street right-of-way, allowing this area to be maintained as a green strip. The Applicant has indicated through the submitted plans that this green strip will be maintained. I D,i,,'.,, Parking Use Minimum Required Parking Spaces Provided Parking Spaces (in bold) Shingle Creek PUD 4.5 spaces per 1,000 SF 53 spaces (Overall Parking Ratio)(1,984 SF/4.5 spaces per 1,000 SF = 17.9 spaces required) ADA 1 (for I to 25 parking space 4 spaces requirement-minimum stall requirement of 18 stalls per Shingle Creek Crossing PUD) Total Required Parking 18 spaces (ADA spaces incorporated into total) Total Provided Parking 53 spaces (including ADA spaces) Source: Shingle Creek Crossing -'lanneci unit uevelopnlent ivuv vians ann iour,inuis. Bicycle Access/Parking The Shingle Creek Crossing PUD Architectural Design Guidelines note that commercial buildings should incorporate and accommodate bicycle and motorcycle parking areas wherever possible. Given the Subject Property's location near the convergence of two trails (i.e., Shingle Creek Regional Trail, Twin Lakes Regional Trail), it is recommended the Applicant install a bike rack in view of these trails and in proximity to the primary building entrance as part of the site approval process. This rack should allow both frame and wheel to be secured. LIGHTING I TRASH I SCREENING Lighting The Applicant furnished a photometric plan of the Subject Property, which indicates the installation of 20 lighting fixtures along the north end of the building, under the drive-thru canopy, and throughout the parking lot. Per the City Zoning Code, "all exterior lighting shall be provided with lenses, reflectors, or shades, so as to concentrate illumination on the property of the owner or operator of said illumination devices." Additionally, glare shall not emanate from or be visible beyond the boundaries of the illuminated premises. Section 35-712 (Lighting) of the City Zoning Code further specifies that lighting shall not exceed ten (10) foot candles when measured at the property lines abutting the street right-of-way or non-residentially zoned properties. The Applicant should ensure the proposed lighting meets the requirements of the Shingle Creek Crossing PUD Architectural Design Guidelines, as light poles, fixtures, and bases are to maintain a consistent dark App. No. 2017-012 PC 11/30/2017 Page 6 color (i.e., bronze, black, or brown), and feature dark sky-friendly or cutoff style fixtures. Given the absence of wall-mounted or above-door security lights over the rear exit door (south elevation), the Applicant should provide a wall or emergency backup/security pack light. The Applicant should also ensure sufficient lighting is provided along the sidewalk connection at the northwest corner of the property. As part of the building permit submittal, the Applicant will need to provide images of the proposed lighting, as well as fixture specifications. Trash As part of the site approval process, the Applicant will need to revise the site plans to address trash, as no enclosure has been identified in the submitted plans. As the City has normally views trash enclosure areas as "accessory structures," a minimum three (3) foot setback would need to be maintained along the side and rear lot lines. Screening The trash enclosure and any other ground mounted equipment (e.g., transformers, mechanical) shall be effectively screened from adjacent public rights-of-way or adjacent properties by a solid wall or fence constructed of wood, masonry, or other durable materials that are complementary to the materials used on the primary building. The Shingle Creek Crossing PUD Architectural Design Guidelines also permit loading, service, utility, and outdoor storage areas to utilize natural materials as a form a principal screening, so long as 75-percent opacity is achieved year round through the use of evergreen trees. Roof-mounted equipment shall be screened from view by parapets, wall/fencing materials, or paint to match surrounding colors when visible from the public right-of-way. DRAINING I GRADING I UTILITIES The installation of all utility services and lines, and the finished grading of the Subject Property are to be reviewed and conducted under issuance of a separate Land Disturbance permit, which is reviewed and approved by City engineers, and inspected for completeness by City engineers and building officials. The existing topography of the Subject Property slopes from 849 feet (eastern edge) to 845 feet (western edge). The Subject Property would be graded as part of the site's redevelopment. As proposed, the Applicant intends to install a five (5) foot wide sidewalk connection along the northwest side of the parking lot from the Shingle Creek Regional Trail to the front entrance of the building via crosswalk. New pavement, curb and gutter, and utility connections are also planned as part of this project. As the Subject Property was included in the approved overall storm water plan for 2011 Shingle Creek Crossing PUD, the site currently meets the watershed requirements. Unless otherwise approved by the City Engineer, the perimeters of all driving and parking areas shall be bounded by type 136-12 curb and gutter. As proposed, the Applicant would meet this requirement. The Applicant should refer to the City Assistant Engineer's memorandum to determine what other approvals are required (Exhibit C). Per a review of the submitted plans, the Applicant will need to address the telephone easement (Doc No. 3556312) that runs through the property. LANDSCAPING The project submittal includes a detailed landscape plan, which illustrates the proposed planting schedule (i.e., shade trees, coniferous trees, decorative trees, shrubs). Although City Code does not have any specific requirements for landscaping, the City has operated under and held new and redeveloped App. No. 2017-012 PC 11/30/2017 Page 7 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 a maximum percentage of certain materials (i.e., 50% shade trees; 40% coniferous trees; 35% decorate trees, and 25% shrubs). As the proposed Bank of America would be located on 1.06 acres, the development would need to achieve a minimum of 80 points, assuming a development use category of "Restaurant/Retail/Service! Entertainment/Hotels." - I CS Planting Type Minimum Size Points Per Planting Maximum Points Points Accrued I (%) Shade Trees 2 '/" diameter 10 50% or 40 points 40 points (4 trees x 10 = 40) Coniferous Trees 5' height 6 40% or 32 points 12 points (2 trees x 6 = 12) Decorative Trees 1" diameter 1.5 35% or 28 points 6 points (4 trees x 1.5 = 6) Shrubs 12" diameter 0.5 25% or 20 points 44 points(49 shrubs x 0.5 = 24.5) Total I 100% 80 points /8 point: As summarized in Table 2 above, the submitted landscape plan is deficient by two (2) points. Although 49 shrubs have been allocated for planting (24.5 points), only a maximum of 25 percent or 20 points can be applied as for shrubs. The Applicant will need to revise the Landscape Plan to either incorporate an additional conifer (6 points), or plant two additional decorative trees (3 points) to break 80 points. As part of the proposal, perennials and grasses, including autumn joy sedum, blue heaven little bluestems, Maggie Daley astilbe, and baby's breath, are proposed for planting as foundational landscaping, and in select locations around the Subject Property; however, these plantings do not count towards the Landscape Point System total. Landscaping and overall site treatment is also addressed in the Shingle Creek Crossing PUD Architectural Design Guidelines; therefore, the Applicant should review the Guidelines and Master Plan to ensure compliance and revise the landscaping plans as necessary. 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 dated November 21, 2017, and attached hereto (Exhibit Q. 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 Although wall signage is identified in the submitted architectural renderings, no formal requests for approval were made as part of the application submittal. Properties located in the Shingle Creek Crossing PUD are subject to the Shingle Creek Crossing Sign Program requirements. The Applicant will need to meet the provisions of the Sign Program or file an application for special approval of signage should they fall outside the constraints of the Sign Program. The Applicant will need to file a separate Building Permit application for any proposed signage. App. No. 2017-012 PC 11/30/2017 Page 8 SITE AND BUILDING PLAN APPROVAL CONDITIONS: Staff recommends the following conditions be attached to any positive recommendation on the approval of Application No. 2017-012, Site and Building Plan for BAC Brooklyn Center, located at 2545 County Road 10, and also identified as "Building F" in the Shingle Creek Crossing PUD: 1. Building and Site Plan 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 or 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.Fire hydrants were not identified in the submitted set of civil plans for the Subject Property; therefore, the Applicant shall work with the City/Fire Department to address installation of fire hydrants where necessary so as to meet code requirements. c. The Applicant shall verify that the proposed building and site has met the Shingle Creek Crossing PUD Architectural Design Guidelines and City requirements. Revisions include, but are not limited to: L Revisions to the exterior building elevations to meet the building material requirements (e.g., at least 50-percent of all four sides of the building will be constructed of Class I materials, no large expanses of blank and featureless walls). ii.Revisions to the submitted civil plans as necessary to reflect placement of any outdoor mechanical equipment and outdoor trash enclosures. iii.Revisions to the submitted landscape plan to address planting deficiency per the City's Landscape Point System policy. 2. Agreements: a.No construction on the Subject Property (Building F in the Shingle Creek Crossing PUD) shall be allowed until the final plat of the Shingle Creek Crossing 6th Addition has been filed and recorded with the Hennepin County Recorder. b.The owner of the Subject 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. c.The Property Owner/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. Refer to the City Assistant Engineer's memorandum dated November 21, 2017, for more information (Exhibit C). d.Any amplified voice systems utilized in conjunction with the proposed drive-thru ATM lane shall meet the noise standards of the Minnesota Pollution Control Agency (MPCA) and City Code requirements. e. The Developer shall submit an as-built survey of the Subject Property, as well as any improvements and utility service lines, prior to release of the performance guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memorandum, dated November 21, 2017 (Exhibit C): App. No. 2017-012 PC 11/30/2017 Page 9 Final grading, drainage, utility and erosion control plans, and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. 4. 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 (MPCA) 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. 5. Facilities and Equipment: a.Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per the City Zoning Code and Shingle Creek Crossing PUD Architectural Design Guidelines requirements. b.Any outdoor enclosures shall be constructed with materials that are complementary to the principal building (Bank of America). c.The Applicant will provide assurance that the maximum level of 10-foot candles or less will be maintained at the property line for lighting in accordance with Section 35-712 (Lighting) of the City Zoning Code. d.Lighting shall meet the requirements of the Shingle Creek Crossing PUD Architectural Design Guidelines, including use of dark-sky friendly or cutoff style fixtures, and poles, fixtures, and bases of a consistent, dark color. 6. Landscaping: a.All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. Per Sheet L1.1 (Landscape Plan Notes & Details), the "entire site shall be fully irrigated. The contractor shall submit irrigation shop drawings for review and approval by the landscape architect prior to installation." b.The Applicant shall revise the landscape plan as necessary to meet the City's minimum Landscape Point System policy requirements. 7. Signage: The Applicant shall submit a Building Permit application for any proposed signage as part of the development proposal. Signage is subject to the Shingle Creek Crossing Sign Program requirements. Signage not addressed as part of the Program is subject to Chapter 34 of the City Sign Ordinance. RECOMMENDATION Based on the above-noted findings, Planning Staff recommends the Planning Commission recommends City Council approval of Planning Commission Application No. 2017-012, Site and Building Plan for BAC Brooklyn Center, located at 2545 County Road 10, and also identified as "Building F" in the Shingle Creek Crossing PUD, subject to the Applicant complying with the Site and Building Plan Approval Conditions. Should the Planning Commission accept this recommendation, the Commission may elect to adapt the attached resolution (Exhibit D), which memorializes the findings in granting site and building approval, subject to the Applicant complying with the above-mentioned conditions of approval. App. No. 2017-012 PC 11/30/2017 Page 10 Attachments Exhibit A- Selected Plans from BAC Brooklyn Center Civil Set, prepared by the CivilSite Group, dated October 30, 2017, and Alta Land Survey, prepared by Sunde Land Surveying, dated November 14, 2017. Exhibit B- Architectural and 3D Renderings of Proposed Bank of America (2545 County Road 10), prepared by Nelson, dated November 21, 2017. Exhibit C- Review Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated November 21, 2017. Exhibit D- Draft Planning Commission Resolution for Site and Building Approval of Bank of America (2545 County Road 10). App. No. 2017-012 PC 11/30/2017 Page 11 I I I S SS E g i-n 02 —1In - C. CA I-)F 0 EXHIBIT A -< oH F F I C) 22 LI ju 0 00 OZHUIElrn =___w ^ jo H IN hill ^l BAC BROOKLYN CENTER 2=.) 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Flu B B Z •0—Im(I, 0 iin lirifrif LJJ11111111IIIIIIIB III I B B B, 1(111111 III II B B-E BftftfflI () i8 I -8 8 ulIwj -ifi i1iLlflI1J IThMiUI:___ 11 AllB B B LF B CD Li Ci (:) Ci0 E3 0 Ci a DiCDDi CD CD CDaCD CD Di aCD CDa 0 Ni 0 Ii 1 \ • \ • 'k l • 1\ ii' ''1 Ii! ii !I ? // \ 1 I \1 __ -k 4t:1' Li = IrCUP VI 0 0 0 U Ll L, w -4 CD 0 <0 <0 -4 CD 0CD <0 0<U <U 0 0 ci ci (;) El 0 0 ci 0 (CC 0 -/1IVH //II/- -/ I-- FJ 0 0C;) C;) 0 L-J 0 3=::0 z CD a CD CD CD -1 CD CD CD CD CD CD Ri NJ0 Revised Renderings (dated 11/30/2017) CD 0 S0 00 0 0 ti Li VAI CD (L) 0 0 Ll EP CD 0 D CD CD 0CD CD 0CD CD 0 H' C')PC')C ti CD Q CD © Li d L CD (IC —1 CD 0CD (ICC CD 0CD CO 0 ojP 0 CD 0 Q U U 0 FORM U DL'A III IiI P1IL%I DATE: November 21, 2017 TO: Ginny McIntosh, City Planner/Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Preliminary Site Plan Review - BAC Brooklyn Center Site Public Works staff reviewed the following documents submitted for review for the proposed BAC Brooklyn Center Site: Preliminary Plans dated 10/30/17 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit. Title Sheet 1.No Comment CO.1 - Existing Conditions Plan 2.Add border 3.Add notes CLO -Removals Plan 4.No comments. C2.0 - Site Plan 5.No comments. C3.0 - Gradint Plan 6.No comments. C4.0 - Utility Plan 7.No comments. C5.0.5.15.2 - Civil Details 8.No-Comments Li.O & Li.! - Landscaping Plans 9. No Comments BAC Brooklyn Center Site Plan Review Memo, November 21, 2017 SW1.0, SW1.L SW1.2, SWI.3 & SW1.4 - SWPPP Sheets 10.Estimated quantities of BMP Miscellaneous 11.See redlines for additional comments. 12.Provide irrigation plan. 13.Provide detailed vehicle turning and tracking movement diagrams for cars using teller lanes, delivery vehicles and garbage trucks demonstrating specific and actual routes. 14.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. 15.Provide a travel demand management plan. 16.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). 17.The total disturbed area exceeds one acre, an NPDES permit is required. The property was formerly included in the approved overall storm water plan for Shingle Creek Crossing and meets the watershed requirements. 18.The City has submitted the plans to Hennepin County for review. Applicant must meet requirements from the Hennepin County review. 19.Applicant must apply for a Land Disturbance permit. 20.Utility Facilities Easement Agreement is required. Prior to Issuance of a Land Alteration 21.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. 22.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. 23.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. BAC Brooklyn Center Site Plan Review Memo, November 21, 2017 24.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 noncompliance provisions. A separate $2,500 deposit will be required as part of the noncompliance provision. Anticipated Permitting 25.A City Land Disturbance permit is required. 26.Watershed plan review is required. 27.A MPCA NPDES permit is required. 28.Other permits not listed may be required and is the responsibility of the developer to obtain and warrant. 29.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 30. 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. I; FQ H I -- - o cJ C 0 J[j- 6 jI 1 IU' === z = ==Hrnu U 2 Eli I _ H CD - jo5 0 ; BAC BROOKLYN CENTER - R JONES LANG LASALLE C ¶ I 2OO EAST RAIOOLPH STREET, CHICAGO. 1L60601 IOUC 08 ,c) I r - I - -- N - \ \ç I > till L\ '- T -- - ---- F p II S z --FF8 8 Fl>< _1 j I p F :r F F . : F F F F 1 F F F (5 5 5 S 55 2S 2 SF LUflU!. 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RETOOl Commissioner introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2017-016 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-012 SUBMITTED BY TRENT MAYBERRY/TOLD DEVELOPMENT COMPANY APPROVING NEW SITE AND BUILDING PLAN FOR THE DEVELOPMENT OF A BANK OF AMERICA ON BUILDING SITE F IN THE SHINGLE CREEK CROSSING 6 TH ADDITION (LOCATED AT 2545 COUNTY ROAD 10) WHEREAS, Planning Commission Application No, 2017-012, submitted by Trent Mayberry/Told Development Company (the "Applicant"), requests approval of a new Site and Building Plan for the development of a 3,984-square foot, single-story Bank of America branch location with drive-thru at 2545 County Road 10; and WHEREAS, the Subject Property is located within the Shingle Creek Crossing Planned Unit Development, is zoned PUD/C2 (Planned Unit Development/Commerce) District; and WHEREAS, on November 13, 2017, City Council approved an amendment to the Shingle Creek Crossing Planned Unit Development plans and documents to allow the option of providing alternative design concepts for the Subject Property, also known as Building Site F, including its development as a bank with drive-thru; and WHEREAS, the Planning Commission held a public meeting on November 30, 2017, to fully consider Planning Commission Application No. 2017-012, and reviewed and received a planning report on the proposed new Site and Building Plan for the proposed Bank of America branch location, and other related improvements in conjunction with the Shingle Creek Crossing Planned Unit Development; and WHEREAS, the Planning Commission finds that the Site and Building plans are consistent with the General Development Plans of the overall Shingle Creek Crossing Planned Unit Development. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to City Council that the Site and Building Plan of the proposed Bank of America branch location (also known as "Building Site F" within the Shingle Creek Crossing Planned Unit Development), and as comprehended under Planning Application No. 2017-012, be approved based upon the following considerations: 1. The Site and Building Plan is compatible with the standards, purposes, and intent of the City's Zoning Ordinance; 2. The Site and Building Plan, in relation to the Planned Unit Development PC RESOLUTION NO. 2017-016 Page 2 of 5 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; 3.The improvements and utilization of the Subject Property as proposed under the planned redevelopment of the Subject Property is considered a reasonable use of the property and will conform to ordinance standards; 4.The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the City; 5.The Site and Building Plan proposal appears to be a good long range use of the existing land and the proposed development can be considered an asset to the community; and 6.Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan, as contained in Section 35- 230 (Plan Approval) of the City's Zoning Ordinance have been met, and the site proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to City Council that Planning Application No. 2017-012 be approved subject to the following conditions and considerations: 1. Building and Site Plan 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 or 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, Fire hydrants were not identified in the submitted set of civil plans for the Subject Property; therefore, the Applicant shall work with the City/Fire Department to address installation of fire hydrants where necessary so as to meet code requirements. c. The Applicant shall verify that the proposed building and site has met the Shingle Creek Crossing PUD Architectural Design Guidelines and City requirements. Revisions include, but are not limited to: i. Revisions to the exterior building elevations to meet the building material PC RESOLUTION NO. 2017-016 Page 3 of 5 requirements (e.g., at least 50-percent of all four sides of the building will be constructed of Class I materials, no large expanses of blank and featureless walls). ii.Revisions to the submitted civil plans as necessary to reflect placement of any outdoor mechanical equipment and outdoor trash enclosures. iii.Revisions to the submitted landscape plan to address planting deficiency per the City's Landscape Point System policy. 2. Agreements: a.No construction on the Subject Property (Building F in the Shingle Creek Crossin PUD) shall be allowed until the final plat of the Shingle Creek Crossing 6t Addition has been filed and recorded with the Hennepin County Recorder. b.The owner of the Subject 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. c.The Property Owner/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. Refer to the City Assistant Engineer's memorandum dated November 21, 2017, for more information (Exhibit Q. d.Any amplified voice systems utilized in conjunction with the proposed drive-thru ATM lane shall meet the noise standards of the Minnesota Pollution Control Agency (MPCA) and City Code requirements. e. The Developer shall submit an as-built survey of the Subject Property, as well as any improvements and utility service lines, prior to release of the performance guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memorandum, dated November 21, 2017 (Exhibit C): a. Final grading, drainage, utility and erosion control plans, and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. 4, 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 (MPCA) 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. PC RESOLUTION NO. 2017-016 Page 4 of 5 5, Facilities and Equipment: a.Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per the City Zoning Code and Shingle Creek Crossing PUD Architectural Design Guidelines requirements. b.Any outdoor enclosures shall be constructed with materials that are complementary to the principal building (Bank of America). c.The Applicant will provide assurance that the maximum level of 10-foot candles or less will be maintained at the property line for lighting in accordance with Section 35-7 12 (Lighting) of the City Zoning Code. d.Lighting shall meet the requirements of the Shingle Creek Crossing PUD Architectural Design Guidelines, including use of dark-sky friendly or cutoff style fixtures, and poles, fixtures, and bases of a consistent, dark color. 6 Landscaping: a.All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. Per Sheet L1.1 (Landscape Plan Notes & Details), the "entire site shall be fully irrigated. The contractor shall submit irrigation shop drawings for review and approval by the landscape architect prior to installation." b.The Applicant shall revise the landscape plan as necessary to meet the City's minimum Landscape Point System policy requirements. 7, Signage: The Applicant shall submit a Building Permit application for any proposed signage as part of the development proposal. Signage is subject to the Shingle Creek Crossing Sign Program requirements. Signage not addressed as part of the Program is subject to Chapter 34 of the City Sign Ordinance. PC RESOLUTION NO. 2017-016 Page 5 of 5 November 30, 2017 Date Randall Christensen, Chair ATTEST: Ginny McIntosh, Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner 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. Told Development Company Item 9.a REQUEST: (1)Site and Building Plan Approval for Bank of America— 2545 County Rd 10 CC Meeting of 12/11/2017 Existing Conditions Source: Google Maps Former location of Ground Rounds Restaurant and Boulevard Bar & Grill EDA purchased property in 2009 under EDA Resolution No. 2009-05 Building and parking lot were removed, however, two driveway entrances remain Background & Request 2009: EDA acquired Subject Property Building and parking lot were removed in Summer 2009 2011: City Council approved the Shingle Creek Crossing Planned Unit Development (PUD) for redevelopment of the former Brookdale Mall properties Master Development Plan created to serve as guide for future development Variances from Zoning Ordinance approved 2017: City Council approved SCC 6th Addition, and an amendment (No. 8) to the PUD plans and documents for Shingle Creek Crossing Approval of amendment (CC Resolution No. 2017-174) allowed HOM Furniture and Gatlin Development Company the option of providing alternative design concepts for the Subject Property, which is also known as “Building Site F” in Shingle Creek Crossing Subject Property approved for use as a bank with drive-thru, so long as minimum parking ratios (4.5/1,000 SF) were maintained Still required to go through Site and Building Plan approval process Source: Kimley-Horn Background & Request: Site Plan Applicant is requesting approval of: Site Plan Building Plan Property is zoned PUD/C2 – (Shingle Creek Crossing PUD) 46,046 SF Subject Property currently owned by Brooklyn Center EDA Proposed construction of one-story, 3,984 SF Bank of America branch location with ATM drive-thru Installation of new pavement, curb, gutter, and utility connections Source: CivilSite Group Review: Site Plan Vehicular Access and Parking Applicant intends to reuse two existing driveway access points (25-foot wide) 24-foot wide drive aisles 9 foot wide x 18 foot deep parking stalls Shingle Creek Crossing PUD parking ratio requirement: 4.5 spaces per 1,000 SF Parking Use Minimum Required Parking Spaces Provided Parking Spaces (in bold) Shingle Creek PUD (Overall Parking Ratio) 4.5 spaces per 1,000 SF (1,984 SF/4.5 spaces per 1,000 SF = 17.9 spaces required) 53 spaces ADA 1 (for 1 to 25 parking space requirement- minimum stall requirement of 18 stalls per Shingle Creek Crossing PUD) 4 spaces Total Required Parking 18 spaces (ADA spaces incorporated into total) Total Provided Parking 53 spaces (including ADA spaces) Pedestrian and Bicycle Access Applicant intends to install 5-foot wide sidewalk connection from Shingle Creek Trail (near NW corner of Subject Property) with crosswalk connection to front entrance of bank Review Comment: Per SCC PUD Architectural Design Guidelines, the Applicant should install bike rack near main entrance due to proximity to Shingle Creek and Twin Lakes Regional Trails Review: Building Properties located within the Shingle Creek Crossing Planned Unit Development follow the SCC PUD Architectural Design Guidelines Intended to create a cohesive master planned development Key Notes The maximum building coverage is not to exceed 40 percent of a site (8.7 percent as proposed) At least 50 percent of all four sides (wall surfaces) of a new building are to be constructed with Class I materials, with remainder to utilize Class I or Class II materials One story buildings should reflect a “two-story appearance with the use of upper windows, roof forms, and undulated skylines” and utilize storefront glass on each façade, when possible. Review Comment: As south and west elevations will have no windows and are comprised primarily of stucco, the Applicant should introduce additional texture to these elevations West Elevation: Visible from County Road 10, Shingle Creek Parkway, and shopping area South Elevation: Serves as customer’s “first experience” in entering Subject Property Original Renderings of West, South, and East Elevations Review: Building (Revised Renderings) North Elevation East Elevation West and South Elevation North and West Elevation Source: NELSON Review: Building “Vintage Wood” Fiber Cement Siding Anodized Metal ACM Panels Kasota Stone (Limestone) Painted Stucco Review: Lighting | Trash | Screening Lighting Applicant provided photometric plan for Subject Property Installation of 20 lighting fixtures (i.e., north end of building, under drive -thru canopy, parking lot) Per City Zoning Ordinance: Lighting to be shielded by use of lenses, reflectors, shades, etc. Lighting not to exceed ten (10) foot candles when measured at property line abutting street ROW or non-residential properties Per SCC PUD Architectural Design Guidelines: All light poles, fixtures, and bases to maintain a consistent, dark color Use of dark sky-friendly or cutoff style fixtures Review Comment #1: Applicant should determine need for wall -pack or above door security/emergency backup lighting above rear employee exit (south elevation). Review Comment #2: As no images or fixture specifications were provided, Applicant will need to provide these as part of building permit process. Review: Lighting | Trash | Screening Trash Applicant will need to revise site plans to address trash—no enclosure was identified on submitted plans Per Zoning Ordinance: Trash enclosure will need to maintain a minimum three (3) foot setback along the side and rear lot lines Screening Trash enclosures and any other ground mounted equipment (e.g., transformers, mechanical) shall be screened from adjacent ROW and properties by a solid wall or fence constructed of wood, masonry, or other durable material SCC PUD Architectural Design Guidelines permit service, utility, and other outdoor storage areas to utilize natural materials (i.e., evergreen trees) so long as 75% opacity is achieved year-round Roof-mounted equipment to be screened from view by parapets, wall/fencing materials, or paint to match surrounding colors when visible from public ROW Review: Landscape Plan Staff reviewed submitted Landscape Plan against City’s Landscape Point System Policy and SCC Architectural Design Guidelines Submitted Landscape Plan is deficient by two (2) points assuming development use category of “Restaurant/Retail/Service/Entertainment/Hotels” Applicant will need to revise Landscape Plan to either incorporate: 1 additional conifer (6 points) 2 decorative trees (3 points) Planting Type Minimum Size Points Per Planting Maximum Points (%) Points Accrued Shade Trees 2 ½” diameter 10 50% or 40 points 40 points (4 trees x 10 = 40) Coniferous Trees 5’ height 6 40% or 32 points 12 points (2 trees x 6 = 12) Decorative Trees 1” diameter 1.5 35% or 28 points 6 points (4 trees x 1.5 = 6) Shrubs 12” diameter 0.5 25% or 20 points 24.5 points (49 shrubs x 0.5 = 24.5) Total 100% = 80 points 78 points Findings The Site and Building Plan: Is compatible with the standards, purposes, and intent of the City’s Zoning Ordinance 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 As proposed, the proposal is considered a reasonable use of the property and will conform to ordinance standards 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 the proposed development can be considered an asset to the community Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan, as contained in Section 35-230 (Plan Approval) of the City’s Zoning Ordinance have been met, and the site proposal is, therefore, in the best interest of the community Summary The Site and Building Plan was reviewed by the Planning Commission at their meeting on November 30th No comments or objections were received from the public The Planning Commission adopted PC Resolution No. 2017-016 unanimously (7-0), and recommended City Council approval of Planning Application No. 2017-012, submitted by Trent Mayberry of Told Development Company. Recommendation Based on the above-noted findings, the Planning Commission recommends: City Council adoption of the Resolution Regarding the Disposition of Planning Commission Application No. 2017-012, submitted by Trent Mayberry of Told Development Company, approving a new Site and Building Plan for the Development of a Bank of America on Building Site F in the Shingle Creek Crossing 6th Addition, located at 2545 County Road 10, subject to the Applicant complying with the Site and Building Plan Approval Conditions. Ctty C©il Agend4a ll©m N©0 ll Oty C©©ll Ad IUt©m N©0 #1 EI]SIIJ I U V k'A UhYA I MJA (I] 11I WJYA1 DATE: December 11, 2017 TO: Curt Boganey, City Managj THROUGH: Michael Ericson, Interim Community Development Direc t:0::7-r Wo FROM: Jesse Anderson, Deputy Director of Building and Community Standards-'2 SUBJECT: Type IV 6-Month Provisional Rental License for 6009 Aldrich 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 6009 Aldrich 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 modification or -disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a new rental license. This is a single family dwelling. This property qualifies for a Type IV Rental License based on ten (10) 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: 05-04-2017 The Owner, Kevin Motarjemi, applied for an initial rental dwelling license for 6009 Aldrich Ave N, a single family property. 06-20-2017 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 08-15-2017 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 08-22-2017 The property was posted as unlicensed. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [I[I1IJ[iJIfl II MYA LU *YA[I) 1I1 I1IJhYA I 09-08-2017 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. A permit was not pulled for the gas range replacement. 09-22-2017 A fourth inspection was conducted and rental license passed. The $100 reinspection fee was paid. 10-02-2017 The City utilities became delinquent. 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. 11-03-2017 The City utilities were paid. 11-09-2017 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. 11-20-2017 A Mitigation Plan was submitted. 11-29-2017 The Mitigation Plan was finalized. 12-04-2017 A letter was sent to the owner notifying that the hearing before the Council will be held December 11, 2017. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [I1IJ[iJ I • 9 9 M'A UYA I akA (1) 1I I1IA I 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust iEI1J[S1 I fl I V ML'A UhYA I DIk!'A (I] 1I WIk'A I I flWflh1 jj "M lmzU *tZirw u ir1 tIIII3tC 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 cominunitj' that enhances the quality of life for al/people and preserves the public trust iIJ[iJ I fl 31k'A U I DI'4 (I] 1iI I1SA' 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 S 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 Budget Issues: There are no budget issues to consider. Strategic Priorities: o Safe, Secure, Stable Community Attachment Mitigation Plan !tission: Ensuring all attractive, clean, safe, inclusive community that enhancesces the quality of life for al/people and preserves the public trust LflING MIi ARD . 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T'pc IV L1ccro cLkin A—Criri iThj Nogram.AcqW ro mon ft Phi1 1 ) lJ , ;riL Tb Irck 1 h4 C rii Leone ir Eça öñr3 Criniit FicuP h'hii iddrL1rn m us t bc at ti Gh u d hr Mfg a tion Pl a n when , subilflitled, EE1 Ar. 7 cl L pLrL 1rd::i iirjriirB cir iifir Lia. vF:i:i L'u hr ft-: lif C . kcin r ch:Ir. f.r 4 A ri i^rlq p 'm S p n ct va tp rini. I F i tenam 2 new, ba c k pco.m ki r Jrc. MU b .L pyi co cite' io rId i upccirci ,1!hyjr 116M FMC Lriri:ii Ironz4i;n fir p','J to Lii S u. , t€if:r1 ii;I an I f ithic, Crim rc I —sing i1at rr,i Ttnthnd th 1he Midi wM it riiit1. criq L:r);iV1c •Jr/ frr: - '.iir or 3g em ndcTr nrii k. 1iirçat7)cil, &ri by i' 9 if iy c Phas e I Sui' rJ ii h-!rr1 rnI bf ih Cir RDçi .rlrri4nL rnI :tr ic c'W 4Jp Scwif A1riri. 1t7E f' -cr4mu erLetoi1 bfr Vic I k erime exIAMHOO Mal No 'crr tr tsiy rrr bee n iri1ptiniJ. 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ROOILYN Ri1 Lic ijtjn P lanCENTER Type IV LIcn r md Viry I Ih9 1I irrr?ir rcc tnx urcnvJ ti] I ;I (u 1pI& F: I :i krit pm.--d, cir :pra bi:n :' i:rcm n1cr. cr:c Iir ih fcrri ;ri! it:., t Ioco ric T r-Jt iv C 1.cILJ i-'i -' J !- JI i i'1:J.I rqL^) I t. L' i LthL £L:-rT 4/ii . :L':: MtF a 5w B iJjri ar—BuIdi and 17 Iiw.v C.j+ F 'th:'. -N I r.^,:I.*,;-*^l!k^5"F-.11^,I 17-f.'f ll t 1' i City Co un cH Alldi fItrn N©0 iM #2 flIJ[IJ I U V Dk'A L' I a4 (I) 1I IISA'A I DATE: December 11, 2017 TO: Curt Boganey, City Manag THROUGH: Michael Ericson, Interim Community Development Directo FROM: Jesse Anderson, Deputy Director of Building and Community indards SUBJECT: Type IV 6-Month Provisional Rental License for 5606 Bryant 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 5606 Bryant 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 modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for anew rental license. This is a single family dwelling. This property qualifies for a Type IV Rental License based on fifteen (15) 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: 01-20-2017 The Owner, Marc Silverstein, applied for an initial rental dwelling license for 5606 Bryant Ave N, a single family property. 02-22-2017 An initial rental license inspection was conducted. 15 property code violations were cited, see attached rental criteria. 03-30-2017 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 04-12-2017 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI1IJ(SJ I U 3hYI LA I *'A (I) 1II IlIk'A I 04-19-2017 The $100 reinspection fee was paid. 04-26-2017 A fourth inspection was conducted and failed. Vehicle tabs continue to not be updated. A $100 reinspection fee was charged to the property. 05-09-2017 The $100 reinspection fee was paid. 05-10-2017 A fifth inspection was conducted and corrections complete. However, reinspection fees remain. 05-25-2017 A $300 Administrative Citation was issued for operating without a license. 06-09-2017 The $100 reinspection fee was paid and rental license passed. 06-26-2017 The City utilities were delinquent. 06-26-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-19-2017 The City utilities were paid. 08-22-2017 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. 09-01-2017 A Mitigation Plan was submitted. 11-27-2017 The Mitigation Plan was finalized. 12-01-2017 A letter was sent to the owner notifying that the hearing before the Council will be held December 11, 2017. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI1II[J I U V MkTA Uh'A $ 3I'A (I) 11I WA' I 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 [EI1IJ[iJ I fl U U 3k'A LU k'4 (I] UI I1II'A I Rental Li cense C a t e goryäCriteria1Policy — AdoptedI City Coui ii 1 (III}5LI 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 (rust [[I11 1-19 I fl I I I U'A I k'A (0] t1P1IJk'A1 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1 - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 ?i'Iission: Ensuring an attractive, clean, safe, inclusive community that enhancesCes the quality of life for al/people andpreserves the public trust [EI1IJ[iJ I fl I IMA U'A I D1'4 (I) 1I itJhYA 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 en/sauces the quality of life for all people and preserves the public trust ID UULDMC 1MD COhMI VPU, Ti ZTD1RD ciF rf P iI License iUjatJ Fa TypeLI V Ucen sii wr1?fr YPjic L14 &!, 6 l i t )Ii rctfli Cwl tie rnd Ufl iI OiIy t 9Iwi.c ,frix<1yi cj orcIl ?) -2U to h..'ii an eIetorit cpyson! yu 'J 3 P w&L tspElrIy Ail 'Jresa: AI) N 4',rg Nm:Loc-iI AcriIi Flirilir hiii Ant' Addro ,nnprrrrI El 1) 11 Fyjri- rN SASN? P'9fltS Phon e ; 121151'-174 Age nVF, Email: Pefldln EpIrai!cL1 Dalai 06/30/2018 —] Fç rri.,hi fmmcmud Br Ci?r.A±fr Sul 220er'dtr, Nca3ai cn Phjri: 7c142I± Owi'r Erriir; Cuwor't Fri1icn CiThfi; On prpiri j rjaeor tiitd p oli c e rLLRncE rIeri1. The Type lV-6Poath Rerzit Licnc Prbio p ciff,n wfty1h' Cii? Counti1 Ei fl/onpl- iIitiri ?lin nuti) LJ iii rtd bVCY slalf, A MIIij1ion F'n miiI ;h cci -rjiikri I,nri irEIy hi der to eii sure tie co n of ihe li c e n F'j(lj' pr. Th atri PI hcild ic& lhB biri tikciri z'rrcd idifld id 1h ft)ea-EL?1hEi 'H be n lo em*uve.in;ni virttplhoOou wilh City QrdirrS and a ppl rzblo odo A, Iditij a llon F'In ITE1hv [1.'irnid tile City t kirllf p AND jJuli tti iU iira,1 n ondi l.i ons of the prcerty If 1he MiLijaiic'n PIEri Is not uEihiitk, and a ll Iteri a'e utconptd f1hhi ih Nwdirg Nbunwricl 4rIhi Lcj irupi>ty oprit bid .1he lc*nxJrEilion diillo, cnforcrunm 1i1ri:wch ;(; 'I f'I or IIcerie ryiow rnzy rsuit Puttita thrlliki, d HkOut8 e c tiona A 1 inJ C lacule don pi•;' JL Tj.p P1 ri.jI Ei Mii1 Fii d11 iF ! tyri i,n r—Iullhnff and RwidtatLN Dtl ^a jIiiJ %,.w tilr)r.WQ t]9,1 I -;JD C. FFn 173 EG'-3']] 71 I F: 4 7'3 3EI ThDThIO AND 00MM11NflY VANDARDS LivLEi.)bt.LI .i.J.. 13. /H)rt mINTER I ftnL1 uetlua Mlogaflan Plan Type W dkn - AGrno Free Ha zt-Ong Prorvn Rriiais Phk 1) LJc i rIttnn aie agraamuwl. The lease agreement shall MdMe the Cijrj Fr-cu Hauslrkg Luasa Addendum, Apy of the le SE-E-Maht3hd gffMe FTO Ad thim Mull hoottaghcd to 1ho M t1tIn Plan when aubmt1d. 21 Agree in puIhtrit r1a ir4 OvIdIvi of who '?1o1 the t'i ct me fease or Emy 1ciMura. J • r&h1 cArMflI In a ckground thk lI new Ion If ILIi 1ernt a new background ohsik 13 not reqVlred. Must rvi rilUi,4 Ic' City if, reQuesfEd- 4:1 Mr.d a Oily pprt ht-hc!ur Orirr& Frae FkAsYnq training ccur. fflfbmatian for pc Lii rowid $ !jfldrr ho Thkic and Eva. Atpy D1th Crria 1DUkV c thffcr mu4 bi t'ctvcItth 1tgaUc'n Plan when uEmifid. Crlr4i9 Fr Hmsing trainingwas compleled,iI Eth?duIed for i' aIeri irThIng at city Df ) :Submit Monthy Upaie by the 10 day of earh month. Ph'I I) Cnpfet tmpra a re qfet1 tbrn CentarPoIie Dirni-i1 To schetVe an Initial Amert call (i')69-344 Af ow-12p assasanwrit completed b9foro thri lc-un rt'n dti WvoriFjih have ben a Security Asae.ssment has been prvc'usty oniptd, wi The Dmp3&Thto. w m pl eied cqifis schedWed ibriJ_4/25/2017 rity Assss.smerft Wavf-vp waz, coi-rpteted DrVis scheduledfor. i_9/26/2017 aiitiue sectilDn hase,l i' page L PIN V RomWLic WL1j5i1 P. Ra Fr. 444-IS t' oftivokl7o at biiL±Iiij aM cra1ir P.ind-=dF, noputrvainj t4Tfl2r. ELI Cc cd1j HH 2i Ptn: 4T]2W I Til: Yli Fa. BLDG ?N COMMUNITY ST 41 rj9J urpnI.Nin ti. I RrIFiI License MIIu Plan V71", Ty ue-atI1111po IV SIon a A— CAM a Rrmw H1ii y Prsn R q1'IrGnw (oifrizdJ Phase 1 wfLt ar jrr4 will ailondal niIrrrrn (2) Of Efte ARM. mcolirigm Th WtIrI fewal bb ef3mPf*Wd'MHNIn ft rantal lllconN pid ril Mom the pimdfrug Type VJ Lbw exp1r.]kut th'. Rgirn not reqiArrL hriaiir jc must dUrjp Ifij rrooling. Wrik' wD ma!m- M ftOnnerogont plan lo tnd. 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Purpling hwt1 N fxnSidWd aworffnqly Irr!F3 L1t2r bru1n, worn, or olheMsa in thlf3 nd to be repied sower, All tkin must h'i date- for Ern&! e.jf Dalfxs irth a;"unsure", thtt kiif j ior whnbion WI no br npdL IF you mnswrp gf 4wn an item t need ta be rpIcI you ci bzc 'n h' çjE I crtciIn, iurIu1nduty lflrri-in n EcpBcte11 UefuI Life wn &iir 1IF ptrjd Ropilacem. ant Date kwPORO A4 a ILin te Last Roptcm tØ Wr May 2010 FuMae 4!'h 2015 - W1tr Hi1r Mamb 2J15 ltrfln Appr-finaeg Madi 20 1 LflAØpnc M ar di 2 -- turirnI Cpseib MciriVie Afw MJi 217 Mri rth !C March UZ arci 2O 6 14 aDWI. Gd Nccd3 FWARP@nionfali FXIT 44 Oty of iac'}Eu I tht1 Ii Iuuzdu 1it Ifl' h 4 rkPrn • FiI1 t fl:71 BUnDDTG AD COMM1irITY STt GETE Friu1 L1ri Mjta1 pI TypIVLIie $fri C-SNP510 IMprol"sAfanaffeHMM a.Rd fPrQp,ty Th rri -i 1hL iri bayci hoort fpfc'vn to aJtwJ1h prerty nd wpevy inie. Ths-followIngacODne are rqjkth 1)Chk-Iru v4fti tmanls Er 3-dyH. 2)Mqs by preftj to check for pib e Evic inRni1 vktkn of fte fasae ornydd,d ') Remain currant on ,r IL[uJty fie POPAlUGS, nrrd VIMF flrci ci 91oT4 du 8 -to Um City. L The following Reltzha are opia1 uh[ rfflrd by thp Uy. D i) Pde lavoWsnow EI ) rtii Eacurily Eli 41 PrVAde frZinterISMe SeAlZe pLan f0f Jlaiee, Name of oaivloa i\rry ) Other- If the Type IV Month Rer1l Lre hi appcoved by Me City Cu limnsco must cinply wih tPi3apprueEd Iftsilon Nn a nd RU apptIe Cy A wlfn v0p, rt must be *UbmkWd by hrt I P day of emb,math with an update by thp owner ri1Th fo t6fMilly w]h 4hIZ ME1401 Pb A .py irThe MorOft Update can be owii an pai 74 AfiIIbIeform cen bas fourid on the ChB wb (T13) to have en olDstrark copy rEnt ta yces via ema F&aUh !r-tTn ifnci- Faip WS T1ViJ2 MoivLkm 44445 ch1y ua C i'auit' Di3FaA61fJMiTILT.X1? I11 Stirclo kP Ex&ji I I TM F1 I I • ND cogwtr ius4 :. Ucamao Mk'n p la n Type Lf,^c n tto Ii and Vty I rj' 1hIiiI inform pridE1d Ia litre r.1and ihIN do licl, ooffsp l y wilh th pprcId M14-g -.3 11f3f, Prn, Mpjy thi th.E!ernvithInthe Iierir tid, ti' IIi e q-ka i da1 i1üruth a s c ta 6 a na,r'rriial ctv!in, 0. rc'i rA re viv myeiIL /iIn Cn FZntcr ir GcwifwAntM1m B iindTi1 P(4 Wj Aftii rAgnr Cfty if -.••T__.•.,-----•..I...1 .,•l. .... fy f / '//? YL JL!I3 DzpRrfr ni L.:LL Li Cjj anl PaN H, LS Cm, Fari, Rv. 4-1-35 Li1f Liii CU P1 Sh blMiaC:Path', E fi -alfjk^^ Nil tv. lor u^clfi 4' lr Tr:71 I Cty C©uJllrfidli Agenda Hom N©0 H #3 EI1IJ[SJ I fl V V DWA UYA I k'A 0) 1II t1SkA I DATE: December 11, 2017 TO: Curt Boganey, City Manage THROUGH: Michael Ericson, Interim Community Development FROM: Jesse Anderson, Deputy Director of Building and Community Standards "Ot SUBJECT: Type IV 6-Month Provisional Rental License for 6337 Bryant 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 6337 Bryant 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 modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on nine (9) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-29-2017 The Owner, Park Avenue Homes, LLC, applied for renewal of the rental dwelling license for 6337 Bryant Ave N, a single family dwelling. 07-27-2017 An initial rental license inspection was not conducted and failed. No access was provided at time of inspection. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [I1I1IJ[IJ I R V V *'A U I M4 ES) t1I I]JWkl 08-11-2017 A second rental inspection was conducted and failed. 9 property code violations were cited, see attached rental criteria. A $100 reinspection fees was charged to the property. 09-19-2017 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-30-2017 The previous rental license expired. 10-04-2017 A fourth inspection was conducted and rental license passed. 10-24-2017 City records indicate 0 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. 11-09-2017 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. 11-28-2017 A Mitigation Plan was submitted. 12-01-2017 The Mitigation Plan was finalized. 12-01-2017 A letter was sent to the owner notifying that the hearing before the Council will be held December 11, 2017. If approved, after six months, a new rental license is required. The license process will begin 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. 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 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 fl U V MTA UI M'4 (I) 1LWI I1IJ I 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 I[I]JiIJ lUll Rental ULicense Category&CriteriaPolicy Adopted Uby City ZCouncil tIfI}ItI 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 iES1U[ii I N I k'A Uh'A I Ik'4 [I) t1I WJ I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 1-2 Greater than 1 3-4 units Greater than 0.25 5 or more units Greater than 0.35 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 No Category Impact Decrease 1 Category Decrease 2 Categories but not more than 3 but not more than 1 but not more than 0.50 Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EI1SJ[i1 I U I N M'A UYA I k'A (I) 1I IIIJkAi Budget Issues: There are no budget issues to consider. Strategic Priorities: o Safe, Secure, Stable Community Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive communky that enhances the quality of life for all people and preserves (lie public trust - - - - - 'i n 'M, G AND C GBOAMIT=*TAIRDARD - CENTER Type IV Ljr.enrva áMIari Plans YAJO ti A MWe (Orm on ba found on IW Cit viabdre at vi wxjtyofbrooklpa-_ nier.org or call 3O 10 finutim -e K-I IAniC C'py you VIB Efl1$IL PrrtyAddres& E-3TErrP.n N 5J ttIr, MN 554 nr' Nrn): tr iw Owns Mthe: 2400 Ai#] 11 Phii 12l 4.1-1 1rB Email rIL'n1 'n iniiw bz; 3O' 7,iL Local A tliL: ARNIVS Addr e&s : 2øiA 5'u1Ii 'n's Rana: 4i)49l.ic r p at'Jumu cm Niding Exp irtn Date:i Err1 iI'J bedn propeily ot1ilin dkx Wiftlea PORCC hwisanwincidbMs, Lie qu2Ii1i to IV-5 Wo n 11 RnI.! No F 10 8 p P I iSa W M a ppwi by the Ci full y c ampleled MjiIifl Pran must b City E1aft A Prt hmlst b n4 I 4di1iy in order io ensurall imely irnletkin c4 the lizerise agocallon pre. -the MUIa1Ion Plan ThuiJ Inc1i1 Thr IrpIxirig taken to crrE'IZ }dEffled w1alailoryb, and iha J& iiII 1kri U3 ehUre t)r@i'ing cumplianWwith GiiyOrdirianre& d aMlicghle codea, A rdHaiOn PI.r ih Lrwr Ond ft. Cir wncmiid irfiibI UtIt tG iri;P(Ove OWAaffcr$ion ifThrj rJrpBrty, Ifthe. Mftatn Ran is not BLibifllt, andall tin h1 Completed MlhinMe pendiraj lirn pacd, or the aia'ie property UiI& beynnd Ih Ert itr In Rile, cions uh cia1ion formal cmp1Eint or merkse review m a y reiuiL flN4t Soctions A and C located 43n pagas 2,14,and I P!rfA' Chylrr.y1 ner'=-h31Iri1m iv comffmfty S_ft"aM's DepaydrwnE M' £.31 sh m eC F F1w76lE- Th1 I F?8t JILIMC AND COMNIMM STANDARDS BRO CENTEREIR j Ria rttall Licen s e MitI gal latj PJn c1iw Cr1ne Fyee HusInj Prrti 4ufrJn phase t I) Use I Wiii1n laase atFee rmnt. The leas e rm1 thol include The Uffre Free fuig LMdendizm. A r 1ho lipase agrise mentMnd Crii riçj L41 Addendum must be tho Mi t i ga tion Plan when 1ii1d, FIM 2) Are' to pursue t iitkiI1 'r ernnt or e'idIor & ten h' the erm of Eke l eas e or hJ dnthrm E!I 3) Ifitis e cument now bakgrourJ oh a ck Is mi Fequlred-Wtt beuble to pro4id e dunen1aIIfiI lo Cily if rqurtd. 4) mand a City a pproved eht-rnur rimi Frrn Hiing aIntrure. Ififof m 0ion Nt 1ppro'E4I cijumes ca n fo uria al 'NJ nrupn't urdr1iie A cD py of the , Ct Fr HcwIrvj C o rt i flC a te muat be AlEadheld tc Me Mit f^ja t lon Pabwhel1 sub m Itt a tfi, Crime Ffe H*jj1g traihing was arrptitEd onft s oMeduled fa t^ MUM Qkvnor or agent smended1h pl am ming in O e W Wining at.crg cif: J ) Siibrnil M'arithy Jdat byihe 1EJ monlh, Phase I 1) C o mple te, a Secudtymeti1 o nd i iFcirint improven-p-ma reque1d ty th Brc'drn Coe—mer Police iDepsil m e ni, T 1IdUIB n iiiIai r w-Jp Sij Ahlr, 1I C764 5-3344, A fDllow-up esaesakm ant ntut bv cc'mpFted bo th e lv4ii daw qDv'riy the tae been irflPlEfrIE'Th1e. If a h bm prvouslyc&1etid, 'Iih c ompletion date. was compIl&d i3rAs aceduld 11.'lJi} SurtyMrii1 L1Jp wm Om pklod onft 4jJ for 1W11112 othue Se e tims A Phase II on pagG 3, .190 JVRaiiLi. l)i Am, Re P . 414. u1ri d nSa DALkt1 3Oi 'iI CrI PrIw c.atju Un r K'fi 554Mi.21!rj I P i1z 43o I Tr 711 I F2x 17 BULDIG AND coMi'TffNrrY STANDADS XBROof OKLYN wi N NTtR Jn Cntr. N 554 RrItI LFLi . IhOU Plan - 8t1c'n /—r!m8 Free Ruat 10 1)Owner c'r w]1 1tend at rnln'tinirn (2) or 1h A.RM. Th AR.ML meetings nuit he rnpld wiPht1 IND 1M nt1 period and befwe the pending Type IV License epklin d. Rinti is not rud, hvAewer you MUM ri-IR during the mee1Iri. Write t'iu nIn a1 n *aD.VwDr RWMI pIm to ttnd, Owner of agent voilladend A,M. rnioulings. schaduled on: ThaIk? a rbs BVI f7 jj21 Ii'c rio rpat Dd ulol trnEprY is1' dcunnt61 with 1h Tho flwng cicii riqu1rd for projImirtleE with four44 rmi-n } Uqduct rid'rtirainrmg 2)Conduct r rekfi n1ins, 'WA FV AWAI ik-n' ML¼'i h—B lii r4 Cdrs iñtd irImm4 çirj I P .I7c311 I TT/71 I Fsi47IJ-RU EMM ING AND COMMUNUY STANDARDS- X 6222 ReitaJ Li c en se Mi[ii CI Typovu- eonw S WI (3 B4oig YeFFN C.&P US 0 ThipM Vd W4^-Iqj PjjI B as ed on cndlLiiir n1oge , esh-r-rol od ru placwn e al d ates nee d to be pried ifir co mm pill hem s . Funding hOtM idinTr RrnthAtre br&r, wwi , of tii ir VIiIn prof 1-1h rnIid rpIcrnentdae riJ Ia be r epl aCed s"r. Al il e rns mu s t hv'3 a dmt foe 1'Tc!tN mE1nfD a te. DatEa SUCII "ft ht kn 1 or when rf' thll1 n ot be cBpeth It you are iinire aft db e ha n imi nd to be repla ce d, you ca n rt 1hii par8r, rthIon, rrnfluFhidiry Mdiiiiafnfonntian in Expec1e Ufu1 Ute cart he f0wid 0 1wNwhud,cr!,. Item LI Ra CdImi Ex p ec ted pinimorkt exaftrM., walerH0,73fo r 9,j'200 F MY Mo Fum 12*2 Water He ate r iifin i.111 1219 L a un dry pIi2re i2Fi4 G 12J1 mthe Alarms,' C-arn onkIeictafrv4 5traM W I4f11 FainUSUIng fr2i G 5=21 Mndalvs -______1 (22 MUM Fenoe 121220 Gara!jE 22D1Q G 12)2020 brkeway i22D CCCiIkn AbueYAiDn: FN FaiF Neen R1-riF.. Tj. iil L3 Li11TL ED1 EbMUXI Orc0.Pj rkMu f, En I Pine: I TTY: 711 BUILDING AND GOITMUUY DAWATE arA' H Trn Cn!r MN E4 RI LI igtifl Man WLIcense rnt.and Cic,i. Poppy The Hems In thb Wlion have been proven W ast whh pmperly in rnii and priprty image. The Ulovtlng atijokitU40; I) Chkii'i with lonaxits vivy 30-dar. JJ 2 Drive by propectVo clieck for pc!ibIe code 3)3 E14cE tniiI k to. of th 41 Remain currentm a1 ulility fees, Mveg, ansessmahts, iin, pift and Tiraiiai daimpsiyment due to CiIi- 5), Other The, followIng Satlo roquired by the Cit El i) E ) D 3)InE-lall Eemirity syslem- 4)PMOde MiriftnEmCo wrvto plan for appliBre5.. r1n of sL;rvice conipany: other- If the Type [V McuilhRental Ln ti byihe CiiyGouiiII, ihe Ueu 111i Me appm wed MiLk'ri FFn and all applicable ? rpqt mu be Ubiik'd Jyth 1011y of e.h month with an Lrpdale alaviotietO-an byteowner anfTh ipIy with thIs MIfigation Plan. A cpy of the ri b found or page . A ritXbIe bluYl W31 W found on 1ho Cftys weIie al wIbrciohIi i lI 7) to have c nt k you via emaiL Typ iq )V Pen LLr M1'!1' Mo., Rb P. -1 S XB11 cttI 0t7 StanliaWs Depwffmcbt 51 h Cth P*j.ai 4-29 J Phcqm: (70) M-laM J T1Y:711 ii F4W Ci ELI) WM3M RUILDENG MO COMMUNITY ThNDBD- (t -:ISK-7 -van CE IN J Jni LIc'ne rn 6lflriXVrify I virify1 aL' inrinii2lkrn prv1d N. true and amutaLe. I undersland tIi if not ornptywilb IFie pp'nin 163it.fon PIri ornpPj wilh all 6--ffis within the Rane r operate Ei$pnd th liconss thi; enforcoment.uckwi AJth llior, fomiiI w rupinl., orIIeri re iw may -VeT13nkZ Mi1dmE tP(ipi#t' 1nqr) TAV - 217 mAAc 5L MffiAwe tvrA And T Nkffill r*j ii: 8M%f af h1L! Sig 1 Lvewu tAcb'a) - Only Poke thomfinwel! Ci;?c\ - 4L T;41 o / r,nl k VtPLri Rau. 4$t Cl4r Ljkl1!a CBdi niI C-wtriiuky i.iii13 Ddml I,-1 ibI wij.at,nCtiiIti, H'-21 ii fl City Crnil Agenda Iftm N0 H 91 S[I1BJ(SJ I fl I U 3k'A I I akY4 [I) i1I WJ I DATE: December 11, 2017 TO: Curt Boganey, City Mana THROUGH: Michael Ericson, Interim Community Development Director FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 4906 Howe La Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 4906 Howe La. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on nine (9) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 05-31-2017 The previous rental license expired. 06-02-20 17 The Owner, Cosco Properties, LLC, applied for renewal of the rental dwelling license for 4906 Howe La, a single family dwelling. 06-19-2017 An initial rental license inspection was conducted and failed. 9 property code violations were cited, see attached rental criteria. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust IEI1IJ[iJ I N I U DI"4 LU ak'A 0) 1I aii I 0719-2017 A second rental inspection was conducted and failed. $100 reinspection fee was charged to the property. 08-14-2017 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 08-18-2017 The $100 reinspection fee was paid. 08-28-2017 A fourth inspection was not conducted and failed. There was no access to the property. A $100 reinspection fee was charged to the property. 09-15-2017 The $200 in reinspection fees was paid. 10-16-2017 A fifth inspection was conducted and passed. 10-18-2017 A $300 Administrative Citation was issued for operating without a license. 11-09-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 11-09-2017 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. 11-27-2017 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. 11-30-2017 A Mitigation Plan was submitted. 11-30-2017 The Mitigation Plan was finalized. 12-01-2017 A letter was sent to the owner notifying that the hearing before the Council will be held December 11, 2017. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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 12-91110 a level that qualifies for Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust E•1IJ[J I N MYA U I DI'A (I) 1iI lIJhYkI a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public trust [EI]SJIJ I V V lk'A UhYA I 1IA 0] 1I I1SJ'A I I fliTfl. Frr ri I i' 10 FITTfT UJ zmzswi I tII$1&C 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. !frlission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust I[I1IJ(iJ I fl I I MkA U'A I Dk'4 (I) 1%I WJ 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 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category No Category Impact Decrease 1 Category Decrease 2 Categories Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 but not more than 3 but not more than 1 but not more than 0.50 iIission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [Ei1SI[S1 I V I kYA UYA I 3k'A (I) 1IhI 1IJ1 Budget Issues: There are no budget issues to consider. Strategic Priorities: o 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 UILD1NG AND c MMU1TY STANDARDSXB ty IYN nt Ucne MtIaIi P!iin Typ4EVLlcenEe 1Ft Mit jiim Plans w!Id Afkbfc'rni i be ouiJ 1hi Cit/. r1 A! cilycf kIyn r.or 'r ciH i7'-3' G) hi in iecclronlc cpy n1 jrj u via eniaTh a0 Pt ptt.yAddress: 1O3 I4i Lr1I!, 2rIi Cin1r OwflBr!s Naii( M Ltica Agent(-} flidiaO Grkeffnr A€s: 65I Cy-irfiMuk Lume Ilccth PuL-th, O wnBr!& Phone cWtei's Eri Currei1 expiration Date. _5/31/2017 KM Age1 Mdr"- 120 0901-0 i3Mnr.a M!'l 1512 A!j8nrs PhDne: i) T-1 Agenf,a Eni?I1: r+nnLLc PelYdim- Expiriftyi Datel 11/30/201 KM ri riuuiij on F--T.Dperty conditions iriWr walidated. police nuisam incierts, The above FUkr4icf pIciprty qualifles for a Type IV-6 Month Rei1I Lin, Piiar tpplInn pprova! by t1be City council a fully coripIeIJ MiUgElilon Fan must be wripleM and pprov by Oily Laf A MtIg1lciri Manrnuslbb corrtp!td 1mrnethflytn ordrtaenure tnnoly mmpfelion of 1hiin pplic-ahon process. The I'i itoi Plan Ehmild irdIi the apr, being Isken 110 cormet Waniffied iit1on ri Iit. rritasures thai will he talienlq rms'ure ongoing pIiric with City Ordlnri and fippkable a3des, A MiLi1ion Plan a-11kiiis the owner and the City torevIew tiwms and tfpibki soluflDnisto IMprovet tmIlcondiLorr3 of Ihe property. If the MiClailon F1zn ubrr&ttsd, and air. Itrti not completed within the pordirg license period, cw the above pmp-iiyoprae bey :dha Ficense epIrati'n Jto inforcemrit 1lon such as tQatz.n, forrnt rrp1.aint,or rkonse review may result, Befomoss imttInJ fftl-out A, B. and C bCM94 cii pages 2 1 3 i 4, skI4. . J5 cn! nrrLDMy xn ntanoeyOI Eifl F4 !lT!f E4X+Jfl CnIr, N S-219 I ftrnnc: I TW. 711 I F:7) BUILDING AND COMM1TY STANDARD S city orIRRCCEMI ER e Type FV Lie-ense SediaB rlme PNO Hous6ing Program Requirem e nts Phase 1) Use a wsilt e-fir a arrnnL The le 'ncnt s h a ll in c lude 1he CrInue. Fr Hauirig Le A 1ridurn A copy of the Iee nyroo ment and Crime Free Hou s i ng Lease Ad de ndum must be alf=40 to tho M i ti gation Pn when hmtt j 2} Agree to purl-Ma the t3rrninab'Dn r lease ag,,fternont cfecc rif tenants WM t he terma of 1he lease o r tiy aM o ridam s . 3) Drdu rinitInai bkriii thk For a ll irian, Ifftissi owrent tict i n o w bak.grcuurid chec n1 uirtd Must be able In pwii1r,) to Giyif rEqut, 4 Aft e nd a City ?pprod afqld7hour Crime Free Hiin tiñir Warm-911 cyd can be ftd t wmrcpanE4 under the ThMTj td Ev'wd hb. py f th Crim Free H o u s ing r1i must be atarhed to th Mition Fn when submLtted, G irneFma Roam ing ir?Inhi %ves compiEtd orit ; wflr vr agent .eE1rideWi pLnnhr i att€M trelrilng ;'Dicay af. - Submit MDnthty Updale by 1he 14 d a y cl each riuntfl, MAU 11 1) Compl e te a S ecufl4, mcnt Lirid 5r1pement Improve ryienbs reques t ed by t he Brcktyn Ceri1r PoIr Depa1rner.t Tehduk an init ia l arfoikup 5=0/ in1 1 II 47) 69-244 A fol lo w-up iint must be bellwo the li ce nse expitEiiun dAte to vorify the s e cuHty irnpro votn o n t s ha ve been lrnpiDn1'ntd.. ff e Seury Assavv n o nt has been preibuly c' nip'id, wile 1h onain 8ecur1' A ErrIr1 wa ci ple 'nTi chduIed far Az^ies sm e nt fckw-up wa crnp1etd -Dr1 Fu 1 . KM Co ntinue C5 A. P laose ifi on page 3 Th L,w Lin P., city i ii bt ndzck Mp i 1 05ri.Cunt.r.4H 5.18-21 riii j j Ii III U I tJPI€*Wj t - - fl Cjoon orofaofamt will aEnd al minimum 2) of the A.R.M. n1eEhnE. The &RM Meet]"S irat be completed wlthkb th fla1 ji-OhSO POW ArW botomth6 JpOhdMg Ty`pia IV Lii xpiiln nate. REistr.alian Is not required, hcev& you mu1 in-in during the meeting. 'Nrile twD meetirg daea an cwmer c 0 h%vLef o r o q e t will a t I.C. AR.M, m ot,.i nq hethr! un: andthEl 2' Ko u rpL tnda lidafions pru'#fuly docurm!nled with thB pL yeas- The bThwnj acCians are reqr1red far propertIes with four 4 or move units, 1) Cwiduct rdunL traWirg EnnuIi' that indude.9 cilme pn2'entin hniq, LIII 2 Conduct rulr rrtmeetings- TM t1y iLi11 pmat 13U-1 I I TT'fl'i I I) WiSTANDARD S} X) 3 Pa -11- —.I _ ENTER- Type 1 V Lic e nse rJ1Ion irnad repla ce meng da q eB need lo be 99mided fo rmrnri capithI items. Funding shou l d cons rdrijl broken, worn, or wI In Vb1IQn pr the, fliE1d rep enlEnt da nect to be ipI ^ iI€iii mu-1 h date for E& Te d Fvaona maof "u nsure", Mort kvf kin" W f III hot be accepted. If you are unsure tot iw he non jLiii will ns Ed to be rpIiIi, you an niki a prBdiciion bed on the prappearance, CñdiffTL or rnBnurae.1nduE1rI rmftenn AdtIiliDnBI rfijmaiion on Epted Useful U- 4w be fou nd at ptiudov. Item EAI mp; Wer HBer Fum2tEi Water Healer Kitchen Appli a nces. Laundry /ppIlance 10ma Lt Rf Oii'Ft{ y 0 1 too May 2020 2022 Smok e Jmsi Crxin Mnoxid kr1t14 IirT Rii1t8idiTrQ Ff2315 Windtws iirD1 E Roof p re -M!- Fence shed Garage pf 215 Yewy pr-2O15 --ZIP SIdewa!5 Other.___________ CridiIkrn FIrF Peed Rpnr1wN page d/f Ty JNiq90 Offtg6m Pn.. Am 44445 City P f 10FOCItyu 4 Comov q n Hy Mand ax&beptettM wm.rkok rcckj chirr rI V^AOMI1Mo11ti1 c.rtr 1X.21 J I1inri ?J.' U f TIY fl I tF -zrnt XB3 R (0 0 AND CQMM1IMY CENTER cenr Renta Type IVU Sea on hmpro ve Ma td Candi dFr,py The Hems In ti e1ic'n hEI'Ie been prciven to , i With propertymanag nent and propErIy imee Thu following actions are iequir u 01in with Lertarit every Dr;. 2)Drive by prcrperg qo thK f pibIE' code vIic, } Evidtenanis In bf31iOfl of the ke or any diuris, 4) Rernln current 'n a II Litilily BeE., d BKe, ft, penaII n 1nri t apayrrMs due to Ific, City. EJ ) ttr: _____________________ The'to-ftw[ng actIons,are ptIni required by the City. 1)Pem i d u IdT1!Eflc1 LII Pride garbage 3)1tiT1 iariy 5W1m 4) Prc'vide rIteriri orvice plan for app c, Name of Bervie company. Ohr 11 1110, Typ W-G Month Renlxil Ucuma is approved b Y11110 City Coi -1, the 11conseo nt oompy 1h thevipproved Miigtin Plan M 111 pIbIe CI A written iprt mug b submitted bythu lay of each month wtthon update f a bolng taken byth Wir th mpIy wiTh this MitItIon Plan, A copy of thE Monthly Updato cm be fcirnd onpAga 7. A fihIbk f.rnL cen be Found Ofb th UP/S w'b1Ee at 1vArw.DftyOfh r call(?6} 53O it Nave an elerlronlc eop i1 la you via eir, Pice attach addlilcoaf 1iFormathn Of " LnL'an Fi w, L4y k1ym cuip and Cnniiiy paxtimt Mi -Shlre l b r I -o I TTY:711 LI F ED Oir 711,4- (Ra a sm. P) - P4I5 V,'v!J r / - I rid Camfimv*y^slark%ma PAR ims 7 J&ThrJ rjç cit CqmmurdtF T, p ro r kPr c15jn enrwJ -2i I Cffy C©dli Agenda IItm N0 iO #5 III1IJ[iJ I fl I U M'A U'A I 3k'4 (I) 1II WJ I DATE: December 11, 2017 TO: Curt Boganey, City ManagJ THROUGH: Michael Ericson, Interim Community Development Dire FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 4200 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 4200 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 modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) 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 thirteen (3.25/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: 09-01-2017 The Owner, Jeremy Paskewich, applied for an initial rental dwelling license for 4200 Lakebreeze Ave, a 1 building, 4 unit multifamily property. 09-14-2017 An initial rental license inspection was conducted. 13 property code violations were cited, see attached rental criteria. 10-16-2017 A second inspection was conducted and passed. 11-09-2017 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust IEI1IJIJ license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-20-2017 A Mitigation Plan was submitted. 11-22-2017 The Mitigation Plan was finalized. 12-01-2017 A letter was sent to the owner notifying that the hearing before the Council will be held December 11, 2017. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [I[I1IJ(IJ I N N k'A L' I øIk"A (I) 1'II t1IJYA I submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. tivlissio,z: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people andpreserves the public trust [Ei1IJ[iI $ U I *"4 S'A I *hYA (I) 1II I1IJ1 Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. LvJission: Ensuring an attractive, clean, safe, inclusive community that enhancesances the quality of life for all people and preserves the public trust [i[I1PJIJ I N N DIL'A L'A I Dk'4 0) 1II WJ'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 2 units Greater than 8L3+ 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 Sor 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 [EI]JI[IJ IU U IS'A I DI"4 (1) t1I P1IJ1 Budget Issues: There are no budget issues to consider. Strategic Priorities: e Safe, Secure, Stable Community Attachment - Mitigation Plan Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust I'4tY 2J3 JILDING 2UND STANDARDSA', TB RCO Jlff-ldWr4N'Orl rf' io FJT A iii r, cJ rrrarI c!h',' Jt%U .th3 rrnII. Ad EI,i : M. I. II 3E.) rt 'r: - - I2l2.j.i nt.ft1rrri jk &qrr Mill 6/30/18xt I nil'-w ort ç fcrt'/cc itktnOrdky validAed plizi L'idrt, ij- 2 TyF 1 14 Mcmli-, 9ent Lin, liinipçr ty Ul a CyCxiiI afi1c Ld MiluliEii PLri.rii1 ii htcd rnc prc'l bCiIy AMio P12r-1 rT1Ll h iri F' c'rr I timcy1lr4 of thF#Lc1 P i'.ai jJ1r th crrd Unr nisr t'fl be Itikem i3 nur r'ui YF1 aOFIScudes. 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MU1 be SUB to prcMc crnitllFI i C'g ) Attc -td a Ci i ty a pp rcruned c h n u r GAW cc 9 r1flfr-r1DOvr Irrknnthet1r =Uf5g5 pa n b i^- MUM Rt1V,flflR1 Uft11113 ci th e CIIthft rprge K-au s ing CeMICH10 ha hh tti Lbe Im ItI gaffarl P lan jhthUTItd. Cri Fr HIn rrprcd ith AEI c; Own e r pr ru EcJf I nrir I rfttii dty t - 5) S[b1 PI4iIhIy L7te tqthU 10 7 fti1'oflhi PIi II 1) pI Bl1b im1 fU€caJ.e in Bji Center P uke ci tp&tmnt To vjiqlapa n IIIiI o r AniL S-344• ik l!cwup nieflt muit bu cpIe.4 bRrelh 1 t' bft.1 ! FL rouF c pleI wilte 1Ji dMa . ,AL te0ad LA 6-0 flmDar Aflh1DIIU11 LLW.EE. Dorrçd QIu.utcons A. Mama to or, ri*'1 R I fl F r- AND 1gDR iCIr F7- -- -=-- - Rtjrj A Th1R,MMeOtlngu MUM ba IMMIMM WRhln the eiI lFc d and hoTor ftpandim TYPP IV L fcB mittg rA ra Wn tiMe. N9Wj,8Wh is nrA rELlIre1, harycu 62 n4n duarg m two nti ri 0 dDs mILj a ria edjlg^^j ixi: TED-) 2J it19 [h e p as t yc)ir--,, StI tk Ing R M Fi3qLalr o dfproprtfAti1 fOUF(4 Ln ciiL r&d irth,hi &mmilly th1 ht&ies t--Timp prr 2J TI; Lti.F Tn MA- - - - - - - PCI-z I 11Y:1 capt rl' ENT IIAITTUMZIR 'iii_•14 'JW .JE-I :p)L1 an Ul;msd Uijtiii PIr Tpa f'/ L1cvn aasej w ,Don dlOrm andaue, atftsw 1p rr.tdS h8 E41 tO tEpTCM titp1tHI F ur ItGfI1tJi ar vUfl ido to tI cLrnil ffir1t c rd b b e*1 uccrM jir rYrJt I R b1 ith t "uIue TtCTW'.EIF IIi i1l mal be ncoUtd ,If IL fl UIThLITR an v3I rteeg to to r4 ytu c c pr1rtri bI lt$ pprTIC. tditk!fl1 j! n1IrTkTf3?11 çn pctJ!d thiu JEi In dflO Itrn D a% L e St RU P1 3 4-cli 03hdiftif kpertittDte IM Aug DMB i'^i L My2V2t? - N G FlSmake AhafflW iiJairn r7 Pitnj 2fllfl o 1 shpi Gaffloa DiveMY 011&: - irik-1 z-N th$i!!M 4y4 m I Imdi p11f!1Ti1 xi MKI&W--203I RIM L-R IT?11 )WILD I NG AND C Oj%TMUNj TrSTAjJDARDCI I!T Type IV LkiaM Theinirn INN sn cliur,J-' bn pdtoe mi ii irnentnrd prtjIn. The Toll owIng atUris mv ruq1r:bn 1' E 2) Dd by prj to tick 1e crdi iikin. 3i ttrie1fi tf the lu as4 g r any tthirr. :i erh c urrp Mcnv1iIt 1€i, tfte% mwessmnNs , Ores-p efia lli e s,rLd t4h a t ha Cr, Thu feft ANIAO -HO O KS are OpB a n a t inIu rnqur by th Cft 13 IJe Iawthr i'.' PiNd e g arc a ge suelm. fl ) Vn .1U sewnly B2rit ti PykI rnaInInnç mO p la rt rr aiIie, t16n of r1e ctdi pafte-- If Iis Tip IV nth RrT1I LIr i appr o v E d by ih City Cir 1h e Ilu me.a rr&it crr' w1 M Rrcr4i Mbigttbm Plan and Ap11 Cy A wriffam mpunmM be ubnnII1rjd by the te day of tachgnith vAihi r ijijtOfl -tkh b filitig ellon Piüri, A Copy O the- W nth)f U p da lp cr' betEv, a n TILW1 w the CiVs w1te at ww Thr irrg &SfA- ^Nffi 0 p Fava R nr'r1 1Jimail, II 1ii B If ncry. Pc MTMWAurid Lii F-14 ci CI inE Phim C]IEE- TW. Tai I PjwjM.I W9.3^03 XNRbK1YN TE *LP] Ci ; r rp Rental Ucense. 1i1l5on Plan T11 RD I £ ; r a ry ItBt 9,11 nruIftIrni pf too id e I a 1r Li b !1id 2y-mir I unrrbI8r1 Thf if I do fict etimply i1h thn pptid MiIi;aJkci Ptn 1 cn t tr'.i1flln t1-pB In rbd, oppralm Tiir rnUnn hdtii, may riilt A3 re rr?Pa kMti cijA1 (iTh' Dad ffV0.0 mill - 1li_l1j. fA ltwIF f 04na r Dr Av"'r Firr Th 1ff :E4T. k4 -_- ----- r':w ri(çJi 7 ci - - / .I'I• L1 :1] a1:i1! :yjUIii I ¶!:f iL;1 LL:Lf '_ll_Ll L1 ntIdri t.rTI PJi Sil I Ft: I?(i I -- Oity Ciudll Ag©da llrn N©0 11 tO1IJ[iJ I U I N M'A I'A I Dk [I) 1WIflhJk'A I DATE: December 11, 2017 TO: Curt Boganey, City Manaj^ THROUGH: Michael Ericson, Interim Community Development Direc r FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 5300 Logan Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5300 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 modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on twenty two (22) 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: 07-27-2017 The Owner, Benjamin Antony, applied for renewal of the rental dwelling license for 5300 Logan Ave N, a single family dwelling. 08-16-2017 An initial rental license inspection was conducted and failed. 22 property code violations were cited, see attached rental criteria. 'Iissio,,: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust EI1SJ[i1 I U U I OA UYA I Dk'4 (I) 1II 1PJhYA I 10-17-2017 Property Manager called to reschedule inspections on 09-14-2017, 09-22-2017, 09-29-2017 and 10-11-2017. A second rental inspection was conducted and failed, 10-31-2017 The previous rental license expired. 11-03-2017 A third rental inspection was conducted and passed with weather deferral. 11-09-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 11-27-2017 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. 12-01-2017 A Mitigation Plan was submitted. 12-01-2017 The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held December 11, 2017. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. 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 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 U 3k'A L!'4 I M'4 (I) 1I WJYA I 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 al/people and preserves the public trust I[I1IJ[iJ I fl I 1k'A U I I"A [I) 1I )1SJ 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 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 0-0.25 No Category Impact but not more than 3 but not more than 1 but not more than 0.50 Decrease 1 Category Decrease 2 Categories [i[I1IJ(SJ I N I M U I 3h'A (I) i1JYA I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II— 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). f1'Iissio,z: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [S[I]Ji(iJ I fl M'A UYA I 0) t1I I1IJ I Budget Issues: There are no budget issues to consider. Strategic Priorities: o Safe, Secure, Stable Community Attachment Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of fife for all people and preserves the public trust p O Lugal N O'An VS WI M )4 Prpri uz oymeeB Address,. 12* Reoft*:St NE FiI1 M5449 4fl)e+a FFYfle lJ .ti(S OarL'ar Erll ckir:ciTh npirDje Lca A9EtT1t4 A •['eE,rfl - Elk 11i?F4 S Ari' Ph: i73 4-742H AeiL EiaL nLrLL Pending Expiraban rI&i/ioi ç BasiA n prpr rvP.diIjPr4 andlor V,2ftlsled p0m nuIsEn nihfrncd requRllreBi Type W-6 Mcnth R'nI Lnr- Fñ 1iitLiOfl aPpmval try Me C1 Flarrnu ccropetJ andiprovd by ilyif, A iulri Planrni ernpIE4 Ir rnit'1y jrtççthwlD efiftre lime-lyccirrJlE41ci1 QrTheIf1EE! pIicUor TI FIlihlUom PIn hu1d iritht' 'th *top$ W M-g Nkeil k DLilWid %lolations and. [hiurihav4iH Lken to emure or4oing ixmpiarieiw.ITh Ordi-TianoBs srA pp1cth&oziie. A Millgffdon PhmIlc rrrdhe ci to rmliewccicrn idnlity pil4j wIu,ri$ o rflicnf th?propr If the Mig3t3n Ph!, inL ui1e, jan.d all ftsnii ra cnplei ihfn tho 1tId 1 IU or Lhe BVB prpg icn irlioi date, enforcemem adorre such s 4tskm, ftirn1 criJit 1 CTI?eflE8 review may rsuIL cIrQ rDIttln9, fIGt $ lif'ri AEl. arkd C located on pwrs 2 3A F'çt' f P1 Thi, 444-if Body n. i1vEu1Ldfrig c -*putii4 I, P 1 M: Ti i FitW XB A _^ % 12nmO AND COMMIJNIYY STANDARDS C2K 'Remial Ui;on$* PhOg^fth3lft PjPnER fiom A—rt Rw Hó1i Ph ase I J 1 U' m wA tten hasB agree m ivnt- Thr wme ztq ri^o ivic rdl shI1 imi gda L HiiIrj L Mr1urn crime Free uIi Leii'riMm miattbu a ftac hudtothe Mitly wti o n PInwki inktd Ag rog Lo pLnu Lh iit1D or Ie a9rn enturkIIrn ca11E1ian tavit' ih Dr a ny diidwrn 31 in't cr bri n o l h ec k be all iew prot pie Ifill issatwNt 1iaii rawbankraL'nd ciocc ailo1 rmuIrn MI Irii prgui nflljçjn 10 CAyif *M A nnd a MypVuvEd aIit-hcurCrLnn Fre e Hutising Vqi ininjc'r, Iiimfr 1pj,rvc1 Qumr 0 r furd aLei urdi IM rim Aft end Ekwa tab. A it ijpy i5f the GfIffle Ree lHousing*t iiui be m cke d to frie ARtI g ElitiO n Plan whi ubmlL(d Cane Freo^4:3 u sl ng Wining wea wrript eted Enhs ct1EJutd kit; Owrr or E*ril a ve n de ds plazinirig to i[çri iiri Cily F: NEW HE tubrilt Monthly UdI by trL 100 day each mnth. phate 11 [ 1) 4rpl*riir A1r andkbln1ea Iipr mint reqIIestd by tile Brorti Ca nter Police Dep&thiri1 Ttvki o n iriiil nur 9.3344, td W&0 4 Jhe lleeuniseexpiration dam to verify - the jrity ir prrl1 lwi' biNn hplsrenLed. Ira SeWty AEnnt has bnri pr,uly wmpb.Vd, viilo the cmpl1kqcltE1, S e ewity Mse sww nt was ocuml evd or%qs Ecduled for; 9eurftAllcipwi oi3O5 sdi pft_1 04 criln i1ion A Phate ll i1 Me 54 Py 2 7PI.RarAY boamWipMri Pi [i E dkULCwnr—ujMIZ Eh GiibiffflIftJt7 !t li ttky, 1iiCr,M.4-1D'2ViE I Fl jjG-O I fl';7i1 I SUMIANr AND 7ifu) I tJW '4STXXDARDSTo4ty__ -CEN TER type IV Unense A—C-dm e Fr 9,Hw.AsfPV ft grg m R@ q0vm vz? iiñU Musa IM 1) O ni1i atterid al rnIrirnwn % (2) u1 1l ARM. mtii Th mflatIngs must be IT1pM wiffiin thp rmrktal lFrOL-We pEod arid h0we hdb1Type IVLen xpFrIhL dale. RugILri1I4i N wt TequirW, Iwrij niw igri-iii &drog Me rneeling. W1bi toba tnarAryg dates an CM1ET cc agentpl'ari lo EIsri Q#r',r ar agLwit vi Hrid II.RM. 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Nrn qf r' fl 5i 01her If [he Type IV6 Month Rwsltjoenae 1B apprwedbyuie City bcurcIL the IeeilcrIy wtihiii rd MiUabn Plan arhII BpIliabIe Ofty0odes, Awrttten report mua.tb SubrrilUeJ by the 110ay 6femelt iOtU1 wUi an U1t O t16m tkñ by t1' 41fid1bF ingtht 113ocimplY with h1 tI1m Plart A cgpy of the P4iiJhty Update can be found on 7 AfiIIa'Ioform can bit found DT1 the Cilys wti1L' (7)S3DIu a'n kae attach addlilianal4norm51or If nucayswty, Tgo J Mon W Mina s o #AiLi Fii Rt. 4 -M-V 7m xu19 Pairl 4x1I1Bn -J .nrr r1-zr I TJ'ii I E !![ MIIi Pi Type PJ Svi fund Vrfy I"t.hI Ell IribrwiUici rdJ i jfuo ur urato,I ihiUf I n: ç1'J'.iI11 the Pt1OVE iç63-th 0 iIerii.V1U'i the 11calue FU13 d, tr OPO-010 rd i11 IIriE sontlon d19.rrc rnntIii 4 Uth dtellr,i. rvinI r,rnpMrr cr I•IiEiy"re EJI! CilBc i:r..Lui I.i1L!.'ñ Mig - L - taN v /rq F.iA.t Ljt LT '- 4ULfl F1i1% R. 444vo LL r I5iI kCr Ru . Ex4 nItt J1 1.O'I!' F' 11L -üI TUY! Til I FcI?3t City C©umll Age ]Itrn N©0 Mn 97 I[$1$J[ii I V V ak'A LA I 3k'A [I] UIflih'Ài DATE: December 11, 2017 TO: Curt Boganey, City Mana3 THROUGH: Michael Ericson, Interim Community Development Direct FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 5401 Oliver 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 5401 Oliver 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 modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on ten (10) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 08-30-2017 The Owner, Jason Czerak, applied for renewal of the rental dwelling license for 5401 Oliver Ave N, a single family dwelling. 09-21-2017 An initial rental license inspection was conducted and failed. 10 property code violations were cited, see attached rental criteria. 10-23-2017 A second rental inspection was conducted and passed. tilissio,z: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust EI]SJ[sJ I U I k74 U'A I k74 [I) IllihYAl 11-09-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 11-09-2017 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. 11-30-2017 The previous rental license expired. 12-01-2017 A Mitigation Plan was submitted. 12-01-2017 The Mitigation Plan was finalized. 12-04-2017 A letter was sent to the owner notifying that the hearing before the Council will be held December 11, 2017. If approved, after six months, a new rental license is required. The license process will begin approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 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 /fission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [i1i1SJ[SJ I I I kA UYA I M (I) 1WI )IBA'A I seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust iiujsi I U I ak'A LA I ak [I] J , Rental License CategoryaCriteriaiPolicy — A flT U 'Z City ZCou nc il tIIIIII 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: e At least 75% of units will be inspected for properties with 15 or less units. o At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i[I]IJ(iJ I N I k74 VA I *'A (I) 1WI IIIWA I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.0 1, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people (flu/preserves (lie public trust [EI1JJ[IJ I N I 11k'A IYA I Øk'A (I] 1Wl I1PJi 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 the public trust CHT ofBROOIMYNCENTER 11 19 FIR P)4 UJF W4'.$ liii '} Rciit1 MitI91i4Pn P1n Twim Lic u mse Handwduen MWgati'ori Pl ans will not be amepred. A 1ilIbk form c a n be found on the Ciy webstia al w ityofbmok1noerierarg w call i762i O-32) to have en e[ec1ronI: copy sent 10 you As emaiL roperI'Addre: rACA OWAr AN n1r,MN 4O irir Fni Cyemuft lkdd ro ^_-s ; 145 crdi CV rai LOC^dAqMW(S):Jhn. du11ed A ge rfrs Ath: ii US 'M -1cre Pup ri 537 Owner 12th'ina: 5)IJi Art' ri. Phone. 52 447-H OO wrir miU1; Jzakx!m Arri ErnH; Currert Expirathr Penig Ep1ratiori Dale: i; 3 I Bac,ed on prQpe1yco.rA11lons.sRWDrvandated p oke nulnce !rtihiii1, me bbov e prprJy qu2tIfleor 1e IV6 Mr1h Rer! Frbr IQ Ia1Ir ppTA!3I 4y W e OUr1i1 1Uii cinpIEe1 IJin R-m -muM Oe cof-ripl el e Mprid;)OPro ve d bV Cit 1Ff. A Mi1i'n P I-Oh mL7L bo wr p1d mm W ivluly in Ofd o r to tr'z limy comploton rof the 1ican ppiiIri Tho MiligalJon P la n' s h r)lutl I; lh' xti Won 1c'rrcct ii1iffad viol sffons ind tho ny ria t ur th atwff be hcn b muro onin9 wmpffine with City -Or d inance s and a ppl imr^ablo codes. A Ma1iori Plan affowa the crmr and the My to Fe Vtuer, corcm& aiid iden tify pobolubansth imprtve ove rall oiindin of the p?apeltj. lfh Mi1le1ion Plan Is not ubnniUd, en'd all items are rtoripieted witirin ihe pending IlcenEeperId. or the abo ve prop erty aperate beyond ihe one et.m -d a te, enforcell WR I ac1lor s uch as ctIt, forin a l mp1it1t, or lnEe re W Br UbriWrig1 fiflut SOCO O MS A 1 O.A nd C l ovated an 4 7W F.'Licio M F. Ray. 44445 E zóDb *n id* pn1cii t•i1 lCi I I 1TY 11 I liG EM COMMUNUY :STANDADS ¶4cl1 0ii1PA M1 Ron -al 1.1cw Mitigation Plan jTypeIVLicense Sci'H A—Cfima Free U n ussing Prprarn ReJrmens Pttt I 1)Ue ofi. wTiIiri loma a9r.u.0mant. rrrii thail Include Elbe CHme Free Housing Lease Add enthrn. A copy rif the Crirn Fr KUri Lease Addendum must be a tta ched t o Ow MitlgAlion Pion who ubtd 2)Agree to pur-we tI Imifr1 or l'i trnclntDr Eñclion of (1-8namls.whr' foFate wam of t 31 Ccndur-I ceminal bkground chk for all ffietv prrpe1ivi ILIt1. Ifl ki i' temrit a newrctu1.t1 t&k riot 'jd lL1t be Elbkl to prorvide dacurnrition1. 1 to city i 4) .And a City a pproved h-hir Crime Free Housing valnIng cur, lntorni.oVion ffr pprEd wurEi ca n found al iwirnricpa.net under th, e T?1frii a. elT g 1h A 4OPY of Iii Crit Musing Coffincate must bo hd to the MIitIon Plan WhF Crim Fro Homing raiifrii was completed onfis. 'r: UVA O'mer or agent allended.1 1a pbnning k Ier tiriln ____________ } 1,30mit F1iti b the Wday of earh Month- '31 I 1) Corer eJrity Assessment a nd I mplement lmprroveMonft rud by 1h (\/rdyri Cfl1AF PU Pp -Al,ri T iwUk' n n1i1 or 1oll-up cwity Mwmant, call (76} 569-3244 A follow-up iiiet must be comPleted Mote the UUMse xpErtton date to verify the eciiri1y ImprowmwMa have been irtplinIe. If uriE rncnt bas been pm'ñuuIg crnpleted, vi1te the I i! ecurbg Aeine n t vi aa ca mpJ lio for Gf,-Curity Assessment follow-up wan completed c&s scheduled for. 15 /2M/ I I,C Chitn±e Sectl'OHS A, PhMO tl n p.4 V iyniI LS.i1I MiSA1 PtI' v. CEty exam itEyth C BJid1L Cn1! idnx D qm ri mi 1 Efktff.M 4-2i trY: 7 11 Fc 0.3fl ' BVIMING AND C IMU11TY 5401 It 'r*Pjn n1ir, MN 55AHe Re.II Uri Itifl Plan. Type P/ LE'wie Sections A—Ciime ftee Housfag.Progrem Ra qvIrenmaft (continued) FUMM I) CThFIEr or agent will atlend at mfimum U% (2) of the ARM. Oleetings. The AM meeUngs must with1i th riitJ flr p*ftd and beftTo the pw1Iig Typo PJ Liwmt apim1fon d. Rjira1ion fs. not required, hriou r1Uei dir1n U Ung. Wr!I twi iIiri kIt Jri wrw( oronp1i to aatencJ. Ovrn'r or agent will ateid ARM. meeMgs scheduled 1JL and M8 ) HMO n poitdo Vbbfior4, d urnniwth the paEl year- Th-9 td] fowin iri re rulm4d fbr piqrt1e wiTh ftiur(4) air mare nLt D 1) Cnduci reMdenttialnln annually iht Irp.1wes croepreventiofb EiiiiU,, 0 2) C4iduri utr rsidrtmig!s T VL'AC%mM-n Paf% Rov. -14 liFEk1yn ELL11Ali1I ai • 1?Pk El.41kI1!I,Cufr,( 1)-i I 1+iiu 1c',-J3 I TTh T11 I7I-30 CJFXE !ThLDZNG AND COMMUNITY STNDADS SM Qiyor PmRCOR'CLYN 111 12O Ramat Lk e nse mi l ig ;*U04 PI Typo F! t I am BLiw,g Twm Cpfta f Impravemin Plan Bas ed an corithik'ri and age , en1i replawl -e nt ftles nW, to be prrMded fDr crrgrioia cz pltal iterli3. Fundkig shmA d b niderei dir'. Hurm th2re bit'kenrwam, orathews'e In iiI1Iün çr to the enei pI; rrn d to b TEpf2od:sooner. AIIJ Ilen1E niiai Nave a Ole Fo r Ropl^yc ernanf D a tes s uch asr lun s ure", din( io r whrr wi l l n o tbo acc ep ipda If you are uns ure or her ifl I1fl will need to be r e place d, you c a n m i r iEFn id ii 1h age, ppearaI1c&, GorIi1Ior, mu9Ui rrnrncndE1[ian.. Mditi12l i nfDansgon am, Ex pecterd U seful Ule con be found ot imw Aud g a y. Rom Da t e Last Re pla c ed Ernp.ie2 War€ir Heeer M&y 20W UI11 Water He a tex Vithh11h n bF f yr Laundry Appin d ry a r wITMwArl r1;4 SNwrW j1 wlIaLr ExterIcr Item s thhThb1T Fe=e 'illiVi12 Sh o d F4i Garape wiTYm12T Driv'w w12jTh Sid'vAlajm MIA ihr c1n briIkr1!z F May 202D _____ My 2J2I G MEy ,:rii:i Miy2O1 ,1iy2J25 M ay 202 S Rd r-- NeRcmertR Tyr1Lti 5aIPJ. 444-1 Jr f1t C13j iid t WWt ilJ(ir.WJ " ISaMax j TN71 I / 1) x 2) Drive Ly PfiprIr tc. check kff pccsib1e cce i1okbn, j3) E t tenants, in Vloblion ciJhe 4' FNI, m- a. i ra tumntciri all uEi1irfe B a. tax e 9, rani [hcr thieto ihe CIPJ. El 1 OLfter The U311OWing Utlom ticrnaI unbeas requked by the CRy. LIII i ) urit 4)Provide r'ir.e pan for appliarB Name Df sverAre company: -_- 5)OIiier If thE' Type W-IS Manth Renta Lene Js sppFoved Lq Me G MGM V Council, the liEnse must cn'$y Wth, theapprtw&d Miiiüri Pln rind PTKab CityCo. A wiJfn rep tuit ubittid by Uiv- Upday of ch month with an update of Minim being n by the wnr comply with this Mitigation Pin A cipy c!f 1he Wnlhly Ufti can be fDrd page 7, A NOX form ran bo found ion ihe CtVs vvebsfte al w wi tbr ct li 763) 40 10 hwzt a n tlk3th1rc copy se rd I D you via enIL Please attach addllcniF lnEn it 12dktn F, Ari. T PIQIL1yIL -33L1d1d x1 TT!1t7 Ramdwda. Devartment EA23 01 S N flItM9p. Fdedo h if f crI!r, I I Fj7i.+i Lq- UT. I ThDflc AND COMUMTY STANDACD city of W1 RBROOKLYNMR R&nfal LlRIonPfl 81,9m and vri1y Mat all lithrri .in prctiMeci Iftjo and actirai., I unUra1aiid dNit if I do riol opwly wlih we s pp tt?d M i ljo E:i1ici P !an, cm niplt.r W 11 e1fl! LdliIn t;h G Iicr, prkid, c4 op e r air , bE'yc1d the t1one e{pr'IiDn dit', riI1irnl ulicn mi.lb miIciniplln, niy FuD ,1.'jhn WilXW, ARM ASzfl1'r1)f Off nmr rrnt'f Mr ti1ft Ti fPZue PiJ I mapHiF ThfbT - fiki' OtFstwor,Apum ma rmai rAnd Tiw (Lr11 Ptiac Prrn' c1M! nliLr bk;I -- my stAw GWJy QiY C&r.ILriant 'I 1 1/17 LYI iLflI I L ',wxmyy sawa fm rc'w j. 4 1r i]lL 2ITEU 1[xi[( EiI Owkich LL thnt It(I1 F7!iwy ii Cnr, N fl21 I Ftb:w ] 1T 71i Oty C©mrdll A©da IItm N©0 ll go I[I1Ik(i1 I fl V k'A U I øk'A 0) 1I $1SJ'A I DATE: December 11, 2017 TO: Curt Boganey, City Mana9} j THROUGH: Michael Ericson, Interim Community Development Direct t %' FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 5337 -39 Queen 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 5337-39 Queen 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 modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is a 2-unit multifamily property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on nineteen (9.5/unit) property code violations found during the initial rental license inspection and one (0.5/unit) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 08-25-2017 The Owner, Thanh Kim Oan, applied for renewal of the rental dwelling license for 5337-39 Queen Ave N, a 2-unit multifamily property. 09-08-2017 An initial rental license inspection was conducted and failed. 19 (9.5/unit) property code violations were cited, see attached rental criteria. 10-11-2017 A second rental inspection was conducted and passed. Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [ILI1IMIJ IUI I D4 L'A I 0] UI IlSk'A I 10-24-2017 City records indicate one validated police nuisance incidents occurred in the past twelvemonths. 1-15-2017, disturbance 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. 11-21-2017 A Mitigation Plan was submitted. 11-29-2017 The Mitigation Plan was finalized. 11-30-2017 The previous rental license expired. 12-01-2017 A letter was sent to the owner notifying that the hearing before the Council will be held December 11, 2017. If approved, after six months, a new rental license is required. The license process will begin 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public 1;iist [iII1Ik'(SJ I U U Dk'A L'A I ahYA (I) t1WI WJh"A I seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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 [iBJ[iI I fl V MY4 UYA I M (1) 1I 1IJ'A1 Rental LCategory CriteriaIPolicy . tIII}LI] 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. 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 Ei1IJ(SJ I fl V V 3IYA L'A I DIhYA (I] 1I I1II'A I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhancesminces the quality of life for al/people and preserves (lie public trust [ES1IJ[iJ I U V V ak'A I, I ak'A 0) I` Budget Issues: There are no budget issues to consider. Strategic Priorities: o 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 RDPARt Ldi -Aft N, ,k}i jJkW Nrn*); O LIEi Agnt: Pianh En Mr: 22 b 5 fri Ave V. MN EAMD Orr Fhr; 9:*1S OVit rnII; Age rift Ema il; urrri 113rQ17 Pend i ng EpIrflcn E1I: iV . Oused cr cty ccirtdhIrr ariikr lie f.arr i.iit, the a bC4c rfrr.dproperty qULff for [V lcinth PrIc ppciivI bh CiEipr1I . riIFy m mp l eiad Mair P1i rivat he wiitej afi dap proVed br Ci ty fE1F.M11n F1n mucabe ctii'1Ld nrrtadfa lefy In c-Mar LU eLir eofihnp1ion .pitt, The MLn PIn fl'uId irith1e 1tl b e ing LkIW ew edVblalluns OMEli e measures thai icrvj ncwf City Ordhricjrd aL- cds. A. h1ju pa l.icm PnlIc th e wner an d City Ici re vI L-N 6tnremE OrdiIlreit, üulIt t jrrir c'eriU c ondltfoms Q f the propr1', i f MIIijo PJ1all aicj rt umpfeledwf1hjnTh prpiing rltf--qW prld, or thb pripriiy.pim! 'org1 th Izn th r.&,rcmnt tin 'Jch s TwMal tomor Ii1!r4 re'.4w may riult. U1iqr A, EI , a nd C pga 2 3 4, and S , - I -...,3W"P/Fn LL . i44It CnI LLfl1 41^ CIFFA P.30-*Jp,E I Try' 7lj 1 Fax ijei4ji PJ1Li 7j 11 Use Atm Bemie. agreeffleA Thu Fe rn Frc uiii Leame Mdniini. !opy cr t1 Mime F Iiou1n Midurn nuB.t 1e t the Mi1gUon Planwheh tbnIt ia pmsuelhe ter3WAifflunur lease agreatmv or or ilie It! r.i my adde Zol Con6jidriniirI baftraLmidtheck for all new pmspwive 1irt, if il h a current i&y tadgiouridchod Is nut requited— Must beETh rda documeritabn ic Citylrffeet1d, J 4) Atr1 OiLy iFrt t-IL'i Crirr Free Houir rirn In1Qnrn1in rar rnff sL w aret irkr 1he Trai - and Events 1b. I13 copy of file Cf-iffit Frue -pIinj GertifimAg must he afiachW to tJii€i Mi1rni PJi when uL1e4 CrEn FrE Hji [r mg W2 1&d %cFeuIEd OwmBr u 1 alienduft pinningici a nd 1rsItñig 'i city of - 'Gubrril PriIhj lJpdite by the UP f'i Pie It 1! i mjiIe rneiitrd im 1 we rl n itiiiJ byihe ro'n Cthr PiIke Ouepaftmi, To sichedure ai inhial or IoI1aw-up tiri1y /rit, a73t -34& A FIkiwup et]rat F'S before -Che lice iratjyji Vat& I b vigrify the EeOJFity inp ovh1nt Jve been frprrin1i I .S;uri A Ei1Cfl h Wei pre'diauy wI ih i;prppletian kiI. Seu6ty oInl*iElj - &ciirily Aftr4 MIw-up ' npikfl 4JflJI c2irdu1ed For: z2c, bw C.n1i1nN3 SuctlonsA, Phase ill 011 pi2 ep 3. Tpo ri 1(j 4.44 'V Of lr1 iI31 PT11 RncHi Mi I Pt [ I TT 11 1 F PiaeIII Vi ii Owrr rdr vnl iiH iI1rrid iiniTrn1 % () vf ii A,R.M,we1in. 1i &R,M ruiIns must he ocnp1eted Mthin tIia remal license peflad andbelfairethir PondIng Type W License expiratl0h date. etr1itn i r.L rqLrird, hcr yJU niuEtOrL-In &Vmg the rr&1Iii. Wi1e Ici meeIiti dt n wrr ntt Omer or RrttjIInhienAA.M. meellngc. adleduI--d i3m IF 2) HRve h the past e.r. The FbIl ciWmg arafoxi s ve re quite for I1. fitr(4) cy rmr t) Cginduc re lhzil;kid *r prriii torhniques.EJ ntfJctiit fesidera !rw1i., 1 Wi GO Sr 'F i:l Hi Ft:C.3!fixtfoq tn'b &WrP Wnftr Hearer Furn V1 tr Heater Noy 2 012 itcflen plt LThdr' Appl ia wa s M nn Sum ke arrns C?rbnF1thAlarms f4ay 20-12 Goltditibn'pe-te d F M22'9 Jm 2U25 n7 - Jn2C2- - Jan 2m D a le Last Rpc.d May 2010 JArl 20,P0 WI LDING AN COMMUNITY STANDARDS CEI j Im -CENTER Type IV License Th C.IP-N af IMPMVeiii Pdt Baw d ort itca m ian ama iirnated L claies rioudb pfoviffetm fdr cimmian cpal itiiH F iAnding sffiwtd.-con si dere d Jirm thall are brükn, vnrn, a r clhcri in 'Aotr 4' I n thiaed rplaerrii dalm ror.wl to be rpi tl iwiS must dicir fltJ C'. Ds atth oruhr bT&' will Jwk be acptd, if ya u El fe ut)L-Lme E4 i'hçn n itrri will need ta be mpl a cad, you ca nmake 0 Pre cli c kci bawdcn the e, oniIkn or [enEirn. AddjoralFnTcimiantri Eptc1w1 Pjeful We cri be f.urit a tw.htiiô. rJ PwN May 2^91 M2 G Mf^I4 RM dL P1TtR Mq 2 W2 Fence Shrd ABy2Oi Garage Worm- Qr^-m way W12 414.1! City ml RrôñIrL r'—ui1'1th and TLk ida tiirL1 &1 S kP-1p Pr4-2i Tir:7t1 I 1 l7Ei B=IlqG AND CQ1MWMTY STANDARD XBROOKLYN tTr4 'j it1iihri P lan CENTER Type IV M"Sq jMp ro Vq Mm1M 00 f3 Cff9fC-n.T Prtry The it-arns In this bn proynn Il The folLowing acilaml are rq'rird 1 Che*-In 4Ih TjI Drive ro V prpri Y k Ch k fi t it ) in /ilarp:'n IdW1dUTti.LIL 4) IiIyf ,1. pwilLi., an1 i1th4r 1IrkraI lirn FIt due 101h CITY. ULiei Thin rmcowing acclahs aro g pifi a llal rejilrd brt1i 1) [] 2) Provide LII 4) FinlI curI1 ayrm. 4) Pr1de rnpieLemnro IU rn ritv fffci1l I4Iii Mur. - -. - El ,) OINan _._=__=====- irth -rpq V-'B Panfh Rental LiMe l ij Lie City Cqiir'cli the Iii rnut crnp1 wth III E wpStEiJ 1iaiDn PIn rd ll pp iiahI 'C Awrih iidb *UtTnilfed, by 1h I e d ay OT earh ti41h 'pith Ba taL' oadiOki heIig ikn by ric1'f Bgn Li irnpI with th ]O1 Plh A ccpy 1 the Mwi1iIt Upre e kiurJ ri PLIA. 0 7. A fflIIh 11E be found ont iLy hv'i, rJckIfl1rt9 W ?63) -3D 10 Iwve an ebr-iranic WIV Unk 1 nu vN please aMeh ddiiciri1 iWoMidldh If -. - city of iil-iiT CTIwuIr! tiTiL i c'P', E; jic i-2i I PiC?tJI -3U TT71 - - BIJUJ).INO AND QMMWT S-,TMWMWS- RenulCENTER Typo FV Lleeine Sigh and Verify I vulfy 1hat B11 Inroffil3linh pitidd i true dtotutate. I understand tiLirI &, ntpIsiflthe Wrc,Wd M1kIirn Pbrj, rt1ppIy iih trriwtIhiri ih frj.nt rxid, cir Drit bgifli 1118 lc-ie expirahliondate, enFrrner1 adfuns swc;li as citabans, formal corrip4ainta, or liculsp, rIeW MY- riih, Om' $j PthiIJ 111id7 wnw Oalo ca! r iiNac I%Th tMy fOnI) IL I ) I, .Ei.i:•_iv,:i C..If1IILLI.7itI, Ei.lrirL'n.! Cic B'1 iIMJ.-9 u idi1i pxbn6,201 S- Cc P, rci - I I7E 5.]> rn: I Fr Ji Cfy Cunlldll Agathi Ifilem N0 1© [II1JJI1 I fl 3h4 U I k'4 (I) t1I )i1Ih'A I DATE: December 11, 2017 TO: Curt Boganey, City Mana THROUGH: Michael Ericson, Interim Community Development Dire "'Pto4A FROM: Jesse Anderson, Deputy Director of building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 6000 Vincent 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 6000 Vincent 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 modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a new rental license. This is a single family dwelling. This property qualifies for a Type IV Rental License based on ten (26) 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: 05-04-20 17 The Owner, Patricia A Slatosky, applied for an initial rental dwelling license for 6000 Vincent Ave N, single family property. 10-06-2017 An initial rental license inspection was conducted. 26 property code violations were cited, see attached rental criteria. 10-13-2017 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. Afission: Ensuring on attractive, clean, sfi, inclusive community that enhances the quality of life for all people and preserves the public trust I1UESJ I fl U U Dk"4 U'A IkA (SI 1aII I1IJ I 11-09-2017 A third inspection was conducted and failed. $100 reinspection fee was waived due to the severity of the issue. 12-04-2017 A fourth inspection was conducted and rental license passed. 12-04-2017 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. 12-04-2017 A Mitigation Plan was submitted. 12-04-2017 The Mitigation Plan was finalized. 12-04-2017 A letter was sent to the owner notifying that the hearing before the Council will be held December 11, 2017. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves time public trust iisieciii i n i v *''i u i o ii asJ i consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust lEi1IJ[hJ INI V k'A U'A I alk'A Ci) 1I 17 IJA I Rental ULicensejCategoryACriteria i1 I U 'K CityZCouncil IIIII&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 mist [I1BJL.I I N Ik'i Uh'A I økYA (I) 1I IlIJh'A I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 -3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months L3+ units Greater than 8 units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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 iVlissioi,: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust iEIDI[i1 I N V ai IA I ak'i 0] t1I mJh'A1 Budget Issues: There are no budget issues to consider. Strategic Priorities: Safe, Secure, Stable Community Attachment Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public tins! L, Prait Mir: tc) n rnr 6 N1lE'): .ifl:A 1ET Mdr 4 MP4 .5422 Govaer'st'Jt: 142-1i7i wpr th]iJ Cjsrreti1 bcpirnL D.ii: —_j jr , DEC 4 I-I1 Aent 4ii Aseff rs Pdics: 4 i ng Exp iroii Date (/3) &ssed mm prtitj mriditSms 4andfw wi lidated pcc nuinri ffn c4denis , th Frncd p rppF,-T-I^ q u2 b-fietc; toy a Typu W4 rm RnI License. PrboF 0 a P 0 u n app rvrby the 01 l i -by Cfty W n f-f. A TIt1jq thon PL3!1 iu.l & ptd zikTy in wder 1131ensu 1xr1y cnpbon of the 4--nse applicaUrm The Miriplica P1-sn should i-ild i Cat e thu. dupB bJng ta ken tn cxrri WunIffied 0 c.tatims and the me^,-;,a ures lhol 'Ill ba k riwc an gaig conipIin VLII G1y Ord inance s Mpt-fon Pla n. a ftwis the ny pcbe 1iriE tirIff *t11Thn tha p&rty. kii P1in nctt ubrnW&i nt are no lLonWIatd within Me pendiri it oiio, or the shav e th licen see epIraFkin u- as cittIn, 'rrn ornpIainL I1iftLe review may ffrt rbi Mly 4:tj c t.!r-BuELdiru' aI C1B frIJt1TJt Fkw Ctr&iT. M4 aI9 Q F; 4i iPi': fl RIVI]W ING AND COUrITY S M&NMARMS W CityBRN c MN 6 FA M Rental LJn WiM p li em- P1;UC ENTER Type N Ure i Use a %tfferp ie rnriJ.. Th agremerit ill in clud e the Criaw. Fite. flau s^T.q, Lease Adethtn. A t alpy b F ç]u n mertt aiid Jrn 1fl1ini La5 ri d u m m d ud the Wig a Pin iu whe n bniitd Z Agree To par 1e teffriffiftEoncmrirmirt o r einc1un o1 lli who zbt ti faasal or a ny addeithims. i UffAud, ff if lrfirlO bjkqriund cck for 311 ne wprpbw1rI3r1 If ft iss ariirrrit ti-ma nta new b ±round thetk ñ t4 riiwcd. Must be to puiM rirnt.iicn to C Alteiin aCir 2ppnct1 ijh1-hoU GrimD Fie Housu r3InIn frfa ntfo for pprwid fl h 1IJXII at www.m w--p;a ,viA uritkir the, TiaIriing erid EvaWs tab, IL Dir tht Crim Fr "ausfng Certtkli iut bm ihrI b the M itiga ti on Pl a n , when submlMd. Nme. rr.t rai ning was cped WiS SCROduk-d'r. 126717 irriI iftTde dih phffArog to 3ra1 1-iltir city } 5tilmit Min!Hy Update by the U day of ea cli Phase ! f ) r1Jt. curi1.y Asse. naiid inpmn ,mprwinoni& rquested byihe rnc'kIjn Cinter Poke ieflriamt To fj6 w-%J1-jlc initial of fi-u p, Sea-iffly 7J) 503-2344- A :k!ItUwkjp rnit must be co pl&wed bzce the license ithafli thb nfy the ntf pre hw bc implemented. If a been pre loul Irbf, 'j[ft€ cWr)pk!17mn itt S -urity ii-icrrt was cmp1ed cnfis sdagivW for i4'tily A'sarnen. oIloW-Lip '1a nplte iii hiz1iif fr: NJ cTikL1e Sttb&hst 4, Phasso III o n,pane C Ety C 13ItEda2 TT11 B F.., Lr RL-. BJG AND coMMT: SThNDARD BROOKLYN - CENTtR Rental Leri Mtin Prp --Typs N Lense J A--Ctfri Ifo-e-y-OnmPrm qiffKme!IL (è Phase hi meLjtj 1 iir 1wiJJ 1th - Et minimum 2) flheAJtM. iiirig. TheAJUt. mactings. must be timp-mple-ted wiffln jhp rii period alld lbefdjrU th pdi Ty V Lkwc date. ReiEirUon ie. mwA tuird, howeveryu JñT during the meetrij. Write Uva , meetj fu1e–* -rlrt trier ir agent plan ta aItErtd. Crnr r agent lojillstend kR,M, rnq c11Dduied on: {J 2:1 Hv no re de kti ritTy nrited Ath pai Thc ioIwing art]Gns 2Je quIri fr3r propeefts with ibirr 41 or mare wt, LI 1I} CIndUct niit iiraini annuaiPi that id airrm prentktn tthnkiu 2 Conduct reuIr reiden1 rneetii,, F rPLc City n u,1dt C —BürI1 Cimwdty Standwds Depattitifirmo i?i --J 1 711 1 Fa !7E COMM N1T STANDAMS XIIRCCII y r -DKLYN D] Vuiririt n N EUtkJyrt flrr, MN i43t1 Rn Lkn Ma. Typ1VLcrn Se Ein R=Iq lbnrr pftI tmprwemen I Plan BB s d o n 4kin and rnt€d repFacemen dae rtii tc bc. pTov1cIiJ for vxnmca tpit21 1'.m5. Fu rid irt shcird be unker diii that aire breken ,warii, cif h4rwi fr votcn Prior 10 lht c-stimatudrprne#tdate neadto he rpiirc s uan c r. Allh s ma mus;lfiav en Matt fo r E dRep eriXD1i. Miles e.uch im "uriure 1 kw( cr whri If you am unsure of ;ñ Ekm Will rid tD be repIec, you tn n. bit didjiin bd m the se. fii[icsm, t-cmmendafiori Aditin1 iDrrr1kin on Eptd Useful cdeCanbefoUnd M VMVI-hud.gov. D a te Lt Rephd Cdtin Expected Rp ii1At WIf Har ^ry My 20-10 F Mpy2O2i Fimac N - -ir 2I7 Water Heater 84-p&-iTft-r2M7 G SLT&Ds^x 20n Kitchen pp1iris 0dbx201 -tr2027 Laund TyAppl iarices Smoke A1misJ cthun ALrri s Ete'k Iim t/3kfi ?fl F W- ^L*i 2017 N May 201 2012?M.' 2t7 Fence WA u1 f 1w Juri2Ci1 - NH T Fkrt City ml Rrqgjd^ CL11LLn g And c ipxtn CaO.rii rnlr, M -2 F1tr. I7) :I2-ZJU TIY. 711 E — - - - ICtt1I I ME___ • ii Sttlic h p-t Improve !Igem Cii OF property11 The terii in this iin hmra been prcvn to aE.it with property management and prtipErty image, TFi fiwin actions are rquEred 1 CIr, With tn8nL vry U-da. [2] w [] ai it lwarb in viaion of the ese or any j2] Riki 'Jrrit on 211 utility fees, faxEs, aLzesnmienLal, t11k ftijI c4ailTnYpaWrtanm t1pe to tile City II Other The oIkw]n acflon2 are bpOopa j u requhrecd by the City, 1i Pro-vide U 2 rnvide garbage Me, ) IIt31 EityysFTL 4 Provide rnsdrAenance sevAem! 1ir ppiijmç, Name of eive company;El I1ihTypc Nih Rental Lns appwved by the Ciy unii, thraine must ccimply 4th pri Milk- 1in Plan and a 2pp1it1e CityCud. A wfti pt it be umitd by the iLi day of eeh utrtTh with n of actons being tkn by t hie owho r ik'r a4wit to comprywthihi ithrn F1rr A copy oflh M INV Updalu-mn be found on pe 7. A ri le farm Can be, found on the Cites website a cirafl 7I3 MIMMO to hate an eiec4rie cfjpy senjttcj vqi r--mail. ttith a ddibunal InfGrmalion if necessaty, rkpe JV LithH(r dJpL t rmi3 binrL irtitt FI Lbtil E 1 f) I 1rl'y ?i 1 El i7} . ijiiI I IS Fri Vex reiil! UII[ ilh] in1 fl pTJd&J k truswid iCL3Ji1. t indmiand rJtif I do mt cbfnpCy VAlh Lh sp r -ov Ed M1I wh Pfciii. m nipiy iIh II iIrn V liii Lie Iicens* pe riE, tu cpmit beyond rc'n •En •fliEiF1 acUmn uurbI1tn, forinaT lE1iit±, Or 1fl5 n3yutL - I'm j4jflj77 LFA mrw' ) TM and k' ftVa si*'b2 Bra rb flDIJfl,Fj - --4 t-c1/2 V7 T4 CIly A lrkrojAdyn amd ODMMMUdLT F &3It3O ? 1T I Cy C©wi©ll Agenda, llrn N©0 lli IN#,- 110 [i[I1IJ(iJ I R N k'A Uh'A I DWA (I) tU1 flhI'A I DATE: December 11, 2017 TO: Curt Boganey, City Mana3 THROUGH: Michael Ericson, Interim Community Development Directi7 FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 3300 651h 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 3300 65th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) 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 August 14, 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 (4) 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. 114!ssion: Ensuring an attractive, clean, Sqie, inclusive conznumit,V that enhances the quality oj'lift for all people and preserves the public trust :iiuii I N I Dk'4 U'A I Dk'A (I) 1I t1lA' I Current rental license approval activities for license that expires on 04/30/2018: 08-02-2017 The owner, Elizabeth Dolomengi, applied for renewal of the rental dwelling license for 3300 65th Ave N, a single family dwelling. 08-30-2017 An initial rental license inspection was conducted. Four property code violations were cited, see attached rental criteria. 10-02-2017 A second inspection was not conducted. No access was provided at time of inspection. 10-16-2017 A third inspection was conducted and passed. 10-31-2017 The previous Type IV Rental License expired. 11-09-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 11-09-2017 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. 11-27-2017 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 11-30-2017 A Mitigation Plan was submitted. 12-01-2017 The Mitigation Plan was finalized. 12-04-2017 A letter was sent to the owner notifying that the hearing before the Council will be held December 11, 2017. Prior Type IV Rental License approval activities for license that expired on 10/31/2017: 01-31-2017 The owner, Elizabeth Dolomengi, applied for renewal of the rental dwelling license for 3300 65th Ave N, a single family dwelling. 02-27-2017 An initial rental license inspection was conducted and failed. Nine property code violations were cited, see attached rental criteria. 03-27-2017 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 04-05-2017 A $100 reinspection fee was paid. 04-30-2017 The previous Type IV Rental License expired. 05-30-2017 A third inspection was conducted and passed. 06-07-2017 City records indicate 0 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. 07-31-2017 A Mitigation Plan was submitted. 08-01-2017 The Mitigation Plan was finalized. 08-07-2017 A letter was sent to the owner notifying that the hearing before the Council will be held August 14, 2017. Mission: Ensuring an ullioctive, clean, safe, inclusive colninhlnity that enhances the quality of life for al/people and preserves the public trust [S[i1iJ[Ii I N I Dk"A Uh'A I k'4 (I] 1I WJhYA I Prior Type IV Rental License approval activities for license that expired on 04/30/2018: 06-28-2016 The Owner, Elizabeth Dolomengi, applied for an initial rental dwelling license for 330065 th Ave N, a single family property. 07-20-2016 An initial rental license inspection was conducted. 15 property code violations were cited, see attached rental criteria. 08-23-2016 A second inspection was conducted and passed. 09-06-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-21-2016 A Mitigation Plan was submitted. 09-23-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-28-2016 The Mitigation Plan was finalized. 10-03-2016 A letter was sent to the owner notifying that the hearing before the Council will be held October 10, 2016. If approved, after six months, a new rental license is required. The license process will begin in 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. 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. Mission: Ensuring an attractive, clew,, safe, inclusive coininuluty that enhances the quality of life for all people and preserves the public trust EI1SJ[SI I N I aI"4 U'A I kTA (1] 1W1 I I1IJCV, I 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. it1ission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i1t1BJ[i1 I fl U K'A U'A I Dk (I] flI JBWAI I flWflI F (LJ &S1TIT ri I (1!W FiTT I 'ZI1T'ZSjm IPEMI IIIIIII] 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 EI1IJ(SJ I R IA I'A I Ik'A 0] 1WI IlSk!AI Property Code and Nuisance Violations Criteria F(Based ategory Number of Units Property Code Violations per Property Inspected Unit O nly) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public lilist 11 MAX IM M 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 3300 65th Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 3300 65t1 AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3300 65th Ave N, was issued a Type IV Rental License on August 14, 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 3300 65th 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 3300 65th Ave N, Brooklyn Center, MN. December 11, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. :k1 I Ai)j = COPMUNITY STANDMIRDS - 1ndwfiten etkw Plans wHO notbe wcepled. A fillBbLefarmn be found on the Gili/ fte al pbriokyncF rd e r, a r orc11 (7 5ei-332U to have B n eIecroiiia cnphentto you via email. Property Aidies-: 3W3GMhAVaNElixiciUsin 554 iier N eia): 91caboth. AU3naiu crnEr's Ad d re s: SE I BE HampSE hr. iw a IiccIh 51iXV P PiN 5-44 OA'nr's Phone; f'ij 3fli Or' MY3 i L.nrimxip CurreJ11Exrati'3n DaE4: / Vi Loc.31 Agent{: uIn Prcraqy PrrrjI 3 Lk tE1O 'Drj, LOA. PAN 145M Aonta Ph'ie: 7€1 1i7547i AM's Eiil n1E41i,ci)rn Psnthn Epiran 11ate 1,!W. rw1i r.xn Based orh property omdWansandIctr validated parica nufsawe ii iden1&, the above referird properly qualifies. or a Typ? IV76 Month R,mi1 License. PrIDr w applicoqiDneppriwatrhe CJy Council e fully c*rnpleted Mitgatkin Pan must be rripeted and approved by City staff- A Mitia1Ion Plan must be 'c'mpI4e ml Edat'y In order to ensure braety cnipeiIDn of the license , epplietxin piocess. The Mibgeban PI'ari alti6utd ndrrE the steps I'ig l2ken to crreGlJenti&1 ''foIetin6 and the Measures thal Wit be FkErF to enue going wrWh-ance with Cit' OrdinG erd ppIabIe DdC9 A Miligebon Plan ali'mys the c.A'rier and the C ny to rew oicer end k-n1IPi polsolutions to Improve averall conditions of lKe property. If ihe M4flaiIc'ni Plan I no ubnited; and all [terra are not 4xni1pleted within Obe pending ticn6e period, or Rhe abe properly q;emtes EeyüicJ We license eplratkn da1, esifc'riemint aaUon- sucfi s2 chtkin, fornicconipIInt, of llcene reiIew may re'iiIt. itjih, iIlu id C 2 3. 4, 04 .Pa VT r1piV IV kv.tal iW44-T tit5ratR.znokJVm bi3m1e:r-19udMkg and Oammuudq Ifrc E.2411 Wdr.JL ar nay, EqIJ'ri Ccritr, VH Rem,:p:cu J TM Y 11 I F: ITEN-1.5 5K-33-250 - Bj1ILNG AN COMMUNITY STANDARDS City1BROOI{L?N N Etth1#n rerM 54J Rental License Mt tkm Ran Type VUrise St1Dna A—Cn1m Fr8E uIfw Prom Reqrirrnent ] 1) usda, wriLr4 ka rmci T zie apeement shall include 1he Cirr Free Housinp Lese Mndurn A copy of the J L-aaeagreemLmt and Cttrn Fr FbUI0 Lease Addsmduni nrst be attached tci the Mitigation Pian WIbJI L1rn]&3, J 2 ree the Jerenimilon or leaneagreernenl iti IRa ternn cil1 IEie tease groy fim. 3 Ctnducl th ivackprud check for all mew prmpecO, etenarit. If 0 Is a current tionant n; crc-uind check is nal requ1red. Must eAto prcide cir.nia1Iüri b City irqtrted ) AMend a City epprciar eight-hour Cdrre Free Huing rini u. nfnii1irfl for approved uourset,, can be Emvnd al w .rr1np.ri wider 1he TrLANity and EviWsr ib A y of ft criiw Frou Nowing Corifflicate must be attached to the MitatIan Piwhfl Submitted, C(On FrCD Musing iminim-was cimted omris scheduled for 1MAS Owner or agent aiteided(i pIniiig lo eLierI 1f;aMift9 Al CRY Of., iriiE1 MfltIt UP ø I iyMth muni h. Cmp ciJrity A Et5mEn End lrnplernent I m prov e m ents, requeted by nh Brcic'Min CEirtir Poiie Department Th schedule an IfilbalvfctIuw-up Seecurity Atnn, call (7E3) 59-3344. Môkwtp rntitust PR be the Itceie ex PI 2iiob d 10 vrih iitit br implemented. Ef a -Seci.ri1y c Eisrnent has been pre'louly rred, write tie cnietbn data eWi 3tit1 waz witipleled onft Shthikd kir; IS tity AEs&ffn1 kw-'ip w& ccrpleted cnii diedu1t for- W1706 Citirifle Sections A Phase III on page 3. Fc 4tM I14y gp Lrooklym 4Cenj[!Lr=jjufl&tmjruid CDmmunMy StmdaMn 33pu1rTtrit M5512E1-1 I F1iir: j-X - BWL!J -IN G AD COMMUNLTY S TANDARDWCit5rf IBRC EkMNE512 Rental LIceme Mltgt1on Plan Typa W Unse ectIns A-01me Free Housing Prgrn R equiliements (iliitii) PhASO 1)r agen will aitand at niilrnurn 1)f1h&RM.. nieOngs, Thm AAA nieetings must be rrpiet within the vental Ileanso potfod 1Tr.th pending Type IV Lleenae expiration date. Pegialration is not r'ii F hw'r you must EiJn-In during 1he meeting. Wrile Ujo rrtetlng datees an owner or ageni plan t attend. Owrit or o.gunt will viltend .4.RM.ilina rndu1mi n: 1A 111ff 2)Have no repeat 'rxte violations previously documented whh fhe past yr. The ffAlowlng actionsare recid1red for properties with our or mfwe trnIt. 1)Conductresident Irsining annually that Incluries, Crime 2)COriVJut tur tdWeht meeM. PIOM am, CLIy rkly31 CIMMEF—DMULmg, iid Comrawlity Rand aidsepT1ment :cr ShL BrcPj Criilr, MH 4J-1 I F1r:4I E.1 71t I DM6D INGAND COMMUNITY STANDARDS 0 6Mw- eta1 LICente ltttl'h PIriCENTER TYPO VJ Un Stln& S—L-ong Tm OspftaJ Impffivement P lan Based on CDWion and age, et&nated repIaeenid nee4 to fur common it'n'. Funding E-1ciuld be considered aIF&nIJ. RenA 11tal ore br3ji or -bihurvoisu in IoI1ion prior ED the etIniitd repI2c. riint daie neW 1.0 b rii'r. All items mut have daie kr ffsmunaNtf Piep4cerr.wif O.W.Pt uth liWElr "don't Priow wtin w wr*i ra wur of when n iter i rd to repi, u ri make a preI1iFb bed on nthEiin r renda1lor AdthIio110 kFirmThwi on EXPcolud Useful Lifa can be oimd atwww hud ç Dteiu Date L 1a-td Cond ffi.oW Expected ReptacemBnt Date &.mpJe: Water Ha wr My 22W F My 2020 FirflE F Wi Heater F 1212!125 - Ki1etri pJj _____1zo2 Laundry Appliances F 1r5 rnoe AI'arm'J Ed WinILP M unn _____122tl2 Unrri F 12J2O2 Roof ikr,i F Fell UrMi F 12J02 Shed LXknom F UrJnTi -F 122J25 Driveway unknumn F Sidewalks Unknun F 1225 Olh'r. Fi-F Wads Rapboumani=ft W im- Ekinc n'c'n Fla rk Rai, 4-,.1 445 of lbrouklyn 1Ltt'Tt tWnrnnnjtF Ra"aNU Mpalinuffli — I9n-c 'r Far1%, I nirJ-I X0lEaR BUILDI AND. CONEW TA3Dtrt331111 651h Ama N oIa1YN NT Er;yn Crt W4 ""4w , Rental Lcer1E MiItitir Plan Type LV LF€e The ft-ems in th[s EeC4IDm hawe been premto B I1Vd1th properly n 9en1entari property In-age-The fiblIOWfOgOdlWhS ire ruclu.ireckV] 1) C1k-in wih teiianf 2) ith'e by properly ici deck for IbIe code i) ENtitri',1 b violia.iio n of ihr fen s r, or ay atheiidurn. 4) Rerrrii curremo on all ubiity fees, taxes, assessmenin, tnei, peiiIIie, 2nd r1ther financial chu1 neft14uetc thCity, DLhcir; - The fcIiwin a-cfions aTe 'ptkrn1 unfass woquired by the CI 1) Fa'I4dI3 1Wfl1EflO(MCa. 2 Prode g a f be 31 InstanEuriLy riyatem. 4} Provide m-brenance s ervice plain for ppIaoe. N a me of yiç cijiy: ) Oth e r I'the Type IV-6 Mciriti Renl2I Llc*nse Is apMved ty Utty Cuuri1. De litehSeg muinipt Wi1hb Mifl Pfi Aild, 0.11 Gib, Codes, A written report mut b wbmAllod by the 1 P dav vftih month with anupdt uf aclfonE being taken !by the. prwIih I his Mii tigidjuv Plan. Awpyofilhe Monthly Update cen be fDtmd oil 7, A iIklM rm oh U- bi1 cc naIl (76)i hu n frriI 1 y 'i rri PIe tih addMonall Infarrn2tfon If neceary. - CHir ;'f Iftooklyn m1 utdin id X' Pi c P, Em Grr, WN E4'9 I Pr IT I TTY: 71 F [?-I :.. BtYM1%11 AND COIfl1Ny STANDARDS )ii am-pin Nmoolchl-N -L ENTER rJ11ut nc1 .rIf ..'. .,. ' .'. '.. .•.' .. ' : ':' : '.' .. . II VefAy that ai r Fr11rrv11j!1 pr,Ii'J lrue and a:cur..1ti3_ I Lin'rIaiicI that if 0 dci not rxitipl 1' inilh th' ppr:..rjd Mailefloft r'i'i, eiiipI' wilh D.H ik'rr. within ME Ii.g perlad, Jr dperato 1tiori:tpd ':riE :piriIjciri mlievit., sugh,as cItr, ctr.ii'nhul9rIt' ir flri rYbDw nwy rc'uIL tzrcii HMFi, Fi1yMniu' Aaron IjuudMmn I3rth L1L LI II I L:17,(1 MISS 1814Y jrpc'ai, SS;3pu3twe Dn1m Afffik-mal rAJ Atwrp and 7FU #a P. LLLL. WiI i1 ii MY ErJF '>iiJy L?-, - qU VV (t )) ,/ -, 7 Fçi .i Ti'i REM, A-M. $444S jIT Bi]ii 'iiL uIrtI9 !1V ThQpr1t OW11, ShbL4o (IT,!k Pailimay,Ercth3ii Cwkv, IV'J 11-199 I FFpri 1 TT 71 I Cty C©wIrffldll Afflli Hem N©0 #HL [EI1IJIJ I R I V 3k'A L'A I k74 0] UI WIk'A I DATE: TO: THROUGH: FROM: SUBJECT: December 11, 2017 Curt Boganey, City Mane Michael Ericson, Interim Community Development DjEe ;/1 Jesse Anderson, Deputy Director of Building and Community Standards Type IV 6-Month Provisional Rental License for 6106 Aldrich 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 6106 Aldrich 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 modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) 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 April 24, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EI1IJ[iJ I fl H 3IA L"4 I IA (1) 1I 1iI'A I Current rental license approval activities for license that expires on 01/31/2018: 05-01-2017 The owner, Main Street Renewal, LLC, applied for renewal of the rental dwelling license for 6106 Aldrich Ave N, a single family dwelling. 06-23-2017 An initial rental license inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 07-31-2017 The previous Type IV Rental License expired. 08-02-2017 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 08-18-2017 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property 09-06-2017 A fourth inspection was not conducted and failed. No access was provided at time of inspection. A $100 reinspection fee was charged to the property. 09-07-2017 A fifth inspection was conducted and corrections complete. However, the reinspection fees remain. 09-28-2017 A $300 Administrative Citation was issued for operating without a license. 10-10-2017 The $300 in reinspection fees were paid and rental license passed. 10-23-2017 The City utilities became deliquent 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. 10-27-2017 A Mitigation Plan was submitted. 11-22-2017 The Mitigation Plan was finalized. 12-01-2017 A letter was sent to the owner notifying that the hearing before the Council will be held December 11, 2017. Prior Type IV Rental License approval activities for license that expired on 07/31/2017: 10-20-2016 The owner, Main Street Renewal, LLC, applied for renewal of the rental dwelling license for 6106 Aldrich Ave N, a single family dwelling. 11-30-2016 An initial rental license inspection was conducted. Four property code violations were cited, see attached rental criteria. 01-05-2017 A second inspection was conducted and passed. 01-17-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-17-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-31-2017 The previous Type IV Rental License expired. 02-09-2017 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. 04-05-2017 A Mitigation Plan was submitted. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust SII1U[II I U I I *'A Uh'A I aI4 0] 1II I1SJh'A I 04-14-2017 The Mitigation Plan was finalized. 04-17-2017 A letter was sent to the owner notifying that the hearing before the Council will be held April 24, 2017. Prior Tvne IV Rental License anroval activities for license that expired on 01/31/2017: 05-05-2016 The owner, Main Street Renewal, applied for renewal of the rental dwelling license for 6106 Aldrich Ave N, a single family dwelling. 05-23-2016 An initial rental license inspection was conducted. Zero property code violations were cited, see attached rental criteria. 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. 06-17-2016 A Mitigation Plan was submitted. 06-28-2016 The Mitigation Plan was finalized. 07-01-2016 A letter was sent to the owner notifying that the hearing before the Council will be held July 11, 2016. Prior Tvoe IV Rental License anroval activities for license that expired on 07/31/2016: 11-12-2015 The Owner, Kimberly Magel, applied for renewal of the rental dwelling license for 6106 Aldrich Ave N, a single family dwelling. 12-03-2015 An initial rental license inspection was conducted. 14 property code violations were cited, see attached rental criteria. 01-12-2016 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 01-27-2016 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 01-31-2016 The previous rental license expired. 02-18-2016 A fourth inspection was conducted; corrections complete. The $200 in reinspection fees is still owed. 03-04-2016 A $300 Administrative Citation was issued for renting without a license. 03-10-2016 The $200 in reinspection fees was paid. 03-22-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-22-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-13-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-20-2016 A Mitigation Plan was submitted. 05-04-2016 The Mitigation Plan was finalized. 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 fl V N Mk'J U I Mk'A 0] 1II I1SJ'A I 05-13-2016 A letter was sent to the owner notifying that the hearing before the Council will be held May 23, 2016. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. ]I'fission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI1IJ(iJ IU I N Dk'A Uh'A I Dk'4 (II) 1I $iU I Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Iklissio,,: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust :EI1sJJ I N I I ØI"4 I *"A (I) I1-SJ'A I Rental License CategoryACriterialPolicy VICity ZCounc il tiiui:iri 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 el Le"J""E.1 -92hYA I'A I Dk4 (I) 1I I1BJ 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 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Iktission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust iiII]iJ[iJ I U I I akTA Li I Dk'A 0) tUI 1IJk'1 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 6106 Aldrich Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves (he public (rust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6106 ALDRICH AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6106 Aldrich Ave N, was issued a Type IV Rental License on April 24, 2017; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (11) and validated police nuisance incidents (zero); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License to complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and complete security improvements; and City Ordinance Section 12-913 requires submittal of monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6106 Aldrich Ave N, Brooklyn Center, MN. December 11, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 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P. 4.141t7 iF C ulIy'ik C I'rJd,n CV 0 W 1.3D.21u. j i TT?: ?ii F 4&i Eii BUMILING A ND C OMMU NITY STIMDARD S T-1 L1 I LI I -in Ii' I JIH r1BRO CENTER NT 1 LII' 1 HPI c iii ReMml L kense Mi0gat ion m an -.-- .---.- •lyi.0 IV I.k.cris. ckiriR. 10, tpfb vc ?#4rwJfl ond C JIcirc aprapor gy 744 ite ms in lhi !EIIc.n bri prr I wilh proeti flEIlYIt'IL 2 nd pr. pe't' The f IDrL-g s o t ions aTR rr4d: 1? Chein 'i.fl terriis au c ry LC4y i orivi roeI'y fa 2J inI I 1CiIii ftn 4 Rml m a iri CUnt criiH Lflhty 1 i:as, 82tmss meflLS , frms ,pflEth, and oifInarI clue to 1h Cit.r, Thu fciIoirg a-pt ions ar L, Dptiruai Laid rriqHreif byth 'ij. 1 PTo.i fbcJe seMen. jD_ ns, I R IJ S ECJ fiy y1rn. Fr-.id, rinieiec wwice pm Njr c erLic i 5 Uthcr; '/4 Ifcnih RntiI pprer L thr. CjtV CtincI. the Dnci ri1IJElCa1rIply Wi l li il jAd Miiizljcir, Fhsi a nd Happ& '413 Ct Cxl A Wrinn ci1. inut bnmi "urnItted yU -iu cILI they Df uh t1ôrPh %"h ri upd4ite Df achons bili cm b y awrinu;Andfor agent to compty with This rItiti Fran_ s or JI l e lkJu g hly u p lia to inn Le Nun iipe 7. A FUbk 1cjmi çij-j bE frynJ jr.1 Ih lI'/ t wwiI ofLr GIrPI- rIrg 9 15.9 -2334? 10 mi^e i1at cIrn yjr- to yuEvi 9rrIari. t1aeIi adcIftimil,91 infcirmtion if rucsary. W Lti1 RiOki, 1r, 4 -r r. rB Iy' Crii —I1ukIIu carrLTn.%Tllcy amam rds Dap a.-LmthwivIuii ir.p1i.'I I IL AND c ThIIN TAN1DX—IBROyN EflfflMNJll Rental LiarnseG CE Sin and VeIry' I NO 11hat all Jr rnizri p!'-Ji ir-je ard occurale. I kjrpjp,'rii1 Ihit I do iici rTlJ 'ti th ;A Fprt Pkti.. iOrrjI with all iiis WiMill Ih Licir' pri, rr, I bnI 1h IirtE xIrho!1 &Frrll Lat ieh iI1kr, or Hen& iw rTliy €'a. 451 il N. LIi:i, hrea P,L1IET - JLfCi :jrp I'] / CiiiAi Oa iitI It n'i icabi'i]. FcF9 Ayo f sig L1' ij}• I • -.:. ' ir I ( ft Cni.r RL7MA G e.rt 00-fu . 4.I4•1 Coy r ercniuyn ctmwy--au yway a.3 cpmww.Ur Elxn4prAl &W.Parlini3tki Piik'. Mi I ii: I TT ?i' FC P. -Ii City CouncH A gendm llm N©0 Az U I[I1ik(i1 I N I akA VA I Dk'A [I] UI )ISJhYA I DATE: December 11, 2017 TO: Curt Boganey, City Managg ^ A THROUGH: Michael Ericson, Interim Community Development Dir FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 5637-39 Girard Ave 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 5637-39 Girard Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for renewal of two rental licenses. This is a 2-unit multifamily property. The property would qualify for a Type I Rental License based on two (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, turn in monthly updates 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 have expired on August 31, 2017 and one that will expire on February 28, 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. flJission: Ensuring an attract ive, clean, safe, inclusive connnunitv that enhances the quality oJl.fe for all people and preserves the public trust oiiJ.i I V k'A U I K'A 0] ii ani Current rental license approval activities for license that expired on 08/31/2017: 07-06-2017 The owner, Earl & Evalyn Krueth, applied for renewal of the rental dwelling license for 5637-39, a 2 building, 2-unit multifamily. 07-28-2017 An initial rental license inspection was conducted. Two (1/unit) property code violations were cited, see attached rental criteria. 08-17-2017 A $125 Administrative Citation was issued for not submitting a mitigation plan. 08-28-2017 A second inspection was conducted and passed. 08-31-2017 The previous Type IV Rental License expired. 09-06-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 09-06-2017 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 $250 Administrative Citation was issued for not submitting a mitigation plan. 10-06-2017 A $300 Administrative Citation was issued for operating without a license. 11-09-2017 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. 11-09-2017 A Mitigation Plan was submitted. 11-22-2017 The Mitigation Plan was finalized. 12-01-2017 A letter was sent to the owner notifying that the hearing before the Council will be held December 11, 2017. Current Type IV Rental License approval activities for license that expires on 02/28/2018: 12-08-2016 The owner, Earl & Evalyn Krueth, applied for renewal of the rental dwelling license for 5637-39 Girard Ave N, a 2 building, 2-unit multifamily. 02-09-2017 An initial rental license inspection was conducted. 22 (11/unit) property code violations were cited, see attached rental criteria. 02-28-2017 The previous Type IV Rental License expired. 03-24-2017 A second inspection was conducted and passed with three weather deferral items. 06-09-2017 The weather deferral follow up inspection was completed and two of the deferred items were not completed. A $100 reinspection fee was charged to the property. 06-28-2017 A second weather deferral inspection was completed and failed. One item not corrected. 07-12-2017 A third weather deferral inspection was completed and failed. Final item was not complete. 07-27-2017 A fourth weather deferral inspection was completed and correction complete; however, reinspection fee remains unpaid. 07-31-2017 The $100 reinspection fee was paid. 04-04-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-04-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust ki1IJ[IJ IN I M'A L'A I 3k'A [I) t1'WI BJ I license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-21-2017 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. 11-09-2017 A Mitigation Plan was submitted. 11-22-2017 The Mitigation Plan was finalized. 12-01-2017 A letter was sent to the owner notifying that the hearing before the Council will be held December 11, 2017. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council .together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will 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 all people and preserves the public trust :sisiJ I U I I a U'A I *kA (0) 1I I1IIA 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. Mission: Ensi,,ing an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust I[I1IJ[iJ IU I N Ik'A UYA I Dk4 (I) 1ISII )1IJ I I 1Tfl IF [bN ±4I''AfT1 Z1 I riTT U SJWLtw i ri I I$III[C 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 [i1i1J[i1 I U I IhYA UYA I *'A (I] 1I 1IJ I Property Code and Nuisance Violations Criteria 77License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only )d __ Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 umts 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). Ii 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 Miss/on: Ensuring an attractive, clean, safe, inclusive conifflhliiity that enhances the quality of life for all people and preserves the public trust [I1II(iJ PU I I hYA U!A I M4 [0] 1I UhJ 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 5637-39 Girard Ave N ;3J,ssion: Ensuring an attractive, clean, safe, inclusive community (Ii at enhances the quality of lEfe 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 5637-39 GIRARD AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5637-39 Girard Ave N, is issued a Type IV Rental License with an expiration date of August 31, 2017; and WHEREAS, the property located at 5637-39 Girard Ave N, is issued a subsequent Type IV Rental License with an expiration date of February 28, 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 5637-39 Girard Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete security assessments and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that two TYPE IV Rental Licenses are hereby approved for the property at 5637-39 Girard Ave N Center, MN. December 11, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I. P rI Md a 57-rar rrrUp j r s inr; Nmc;(): '-4yii Kiuth rn'i Addr: 'iahrifl SINE Owner's Phome: ('i) 277 thrierf ernall, kun1aiLccTi Curi'enI E XP i ( 'D vcm DTh !1 ' Lop- AenI; 4orWs ZJJthT)i: Aieinft Fhciri: Ages Err: Pending ;Iofl flatel,7 ]/ r? ,.I Ed an proprIy conditirins zinftr wjWatud poliuO riiiisirc incBdants, the bvii r'id picpry qIia for a ?p IV-6 t(ih fritaI License.. PilQr to appllca-flonapprovnl byihe c4 Council a fijiy rfl :kt MID iiti PEi. tit E3i r)p101d irJ ppr' b rIi' A MUi3Iün Plan nut beornp3e1ed immediately Ln order tu ensilre timelympeirI of The license 11i! rI Iifl F12nb 0ould fl' :e E1e 1iI1g tU lo cmect r)IfiI s arid b Fkirn tc oñuro noir ipIianic with City Oina plibk c4) d es. A Mi t 19 a tic i PI?n allown the ciwr1r and qhe CtV w,revlevv conoew ild identify pCiE1bl9 solutbris trJnnpffov hi piorty. If The Killigahon P12r1 i$not ibin1ithZ0, and OM i01 iiipIed wIUiir the p Iina perfrrJ or De prp i ry operates beyond Th3 rzenEB expirvWriioinf ar4dons such as citalicn. Formal cnipiiTn, Dr tense reiev rnysesiiIt fr fliirr fii1kUt A L3, .3n(j 4 AN 5. Ner. 44i City of xtcklym rni Gg MM11 P RY 4,10i R-11 IO1E r 51-51i F 0 !2t] iu (t7..i ,j iXfu4 __ -- _I!r ]I &c1Ion A—Cdme Pfea Ifowsia!y Ptm Rimena Phase i I) Use a wilen Iee agreement, 11 gre1r1Brlt shag Inc !ue thCrIrn Fr Housing Lease Addendum- A Papy OF tho Weo agmement and Crime Free Huig Lee Mfrn musl ba altathad to itie , Mtlt1n Plan %rihen submiiftd. 2) Agree to pursue rnifri-1in Of I0a*9 iagesment EW eviintionn?violate Me tormt C4 Me kase 01 any 8dd.flifl, ) c rirrira1 h2kgroundthek for flt v ennt&. Iii lensala new biii thk i rit required. Muai be able 14 provideduclzniBrltalion tCiiy if reqsesid. 4) Mtowi acityapproved eight-hour CrIme Prect Hausi%j 1rain1n cur, ft4fwmjljo-i f prre4 bo fiurtd twiw.rrrtca.pet under the T,rijand Evr A copy of the Ctie Fi çijflLe must be BltmchetA to tho Mijgffti Pi wh bmittd. Crime PreeHousing trainino was npTtd onft &err: attend MaIning at city of. )SjLr±hYn1t Monthly Update by the 10" day of each U 1) CarnpIee a S Ay ASSOSSMorif and implementIrnpremt qusted by he Btokyn Genler Polize Depairman1. I hduI ri rritziel o ow-up uri[y II (7) 5,G GaM 4. A Fo I1wip -mi'r1t iwt he aitpteed bene the license 0&Alfon dato to verity the security ipro rni h impIememd. If;R Secbffty MNSMmf has been p 4uEy orn1M1. wiii the comp-Mon 1 h i / (' ff,ii- o cheduIed; 0anti n uo Soctions A4 Phase IU an r . ,r CAV c1FRTKtQ1dyn Cani-ar—Balldingr U 21D Ftr I Th 'ii j BUIL1MLW AM COMMVNISTANDARDSXBQKLYN r:rj Criir, 104 Rcutiil UcensB Mitigation Ploik TypWUcnse Sections A—Crimo Fivu Ho using Program RquI (crt.frd) Fba ifi Owner 6t agent will attend at minimum % (2) of the A.R.M. mting The AM. meetings must W ,complated wfilhln llhR rental and b€4om the pund[rkg Type P1 Ltn Fic- expErsUan d$& Ritcaiiun is not required, hiwir you rTtLl5t Eifl-iF1 dtrn L flb1Iflg Wi' iw 1ingdEite rant pi2rl ta tend. hf a,1 Otier t iiI at1d ARJIL rneIii __________ 1t1I17 Z H.,we no ttpoatwde aiicrs pr'UJ 1umEEr1td Wth the past year, actions are r1niFerJ for prpr with four whI 1) Cn1t id9nh1!a1Q1 annually thw Ine-Jadoz afte pire-Awtion tghnig. 2 Conduct regularriden rne1fig, Fi flklyn ClUc ic imiy iict wtIr aai 10 t,nIr,I4 S42-21 I TI BUHMXNG AND COM1r1Tr ST.ANAiWZ XBROOKLN Re ntal License I ImiQn Pl an Type IV L]ei.? Sctto Ttm Cpi! improvement Pin Ba s ed on orfflon and age , repi tc1t need b be pmdd (o r iEil It&n. Firii, should ba wmfdored, a ccurdin-gly-I1m 1J1 aue b rokw , worn, or -DUhrawiEe in c4tian priuro id ori1tm dai Ed iD be raplaced I4I1 flUt avi a tf"d o n't kmye, or j w-h e n I f are lunvare ,of wfien an ltin will Piew. to b el yo u ca n Make a rdi'ion on the age. appea rance ,crdfti, of rrrinriendaiuns. Additional ikirrniIori On EKOAtM UfuE Life ar be kurid al w— o^hudxpvvi Dei2t Re pl ace d CoaldiflOW Ejodcto d R e pla ce m ent be Eie Hci May 210 F May 2020 F ur nace ________H LL Wier N H Kitch e n fjop ii a n i€11E _______j1 LawrWry Appliarico5 For M6 N r1rpiiInpi &ft1ko AkmT C.rbun MonaxidE Marms 200 NfJ Q ) Exterior ttern 1i2a1 LEI LIS. __ Rcif Fence ShEd Garage SIdeIK Oher: nriln rE1cc: UN GocIG F=P Nuen Repbce ffari PR mmii Clatl1i5LT 83 01 &YnqV CrFky c,Jii 1T(;71 The fol lowing acdons. sire requIred 1} Chck-in ith tenants every 0cI3y. , 2) Drive by property 1c thck f p ossi ble viø&i1iOñ. 3) E vict tnBnts in voition of The lea s e or any erithirii. } Rem a in current qn.911 willi t yfees, lam,rnnts. fln. pna1le, End o t her fiiinthI clairlw ErII du' hthe c ity. } fl1 Th oIJawIffg actloris pre QpOa1UI rird by the City.. I) PmMB Iawninriw E.er,!rne. D 2) Pmvid€' ath 2 Iriasy st em, PrMe mintenan'e SEMiB plan for whances, Name o f ei'ke ecirnpazW } Other It Type W-&Mih Renta l Lk e n se Is appioved b ^ the City Oiunt1L the ftnse mutcirnp1 wifti ft ap p t eved Mitia4in Plan and all appl ica hte 04 Oodes. A wM1*i ro plart must be su iiliid iiy th i4 h mnth with n update of actions be lli ng 1ii 1by th wnr dVo.rag cwt to comply with this MitigatIri PFiti, ? iipy of the Mnthy Updalti can be found on pe ?. A filleble, farm ca n be round on the C i t y 's tii at wiooktynceriterom r iI (7) 30 W h a Ye an r)I tri P rttthYOU via erneil. Ple a se atb a ddli tortal InrorMWOn if nu cassa ry. i. 4-4- Ciy iuI=11il4liEkg md t1& RI $' 1 I riiY711 F-WAn KniIh, rr wt N LCI and InZ3 f A P Frqi) O &AiJ I7L!1 tIt1) RME May so a ami J; 11 12lJ j -- - ?L B"HWitsuil 10 17- I.. ?I.irjtr;c.j•L!y -kin dards pop. IfJy oldyn ohui 0 EuL1i9 nmuai4y W1 C-iMN Piur-: i.2?2 I BLIG MW COMMIT TNDRD RoOIUi1N Rontil License PI 1''n FnCEMTE Type IV Ucoaso Ha drWe Maic n P'i wIll riot ftavaepigxf, A 1abIe form can lx found i3n &ie Cftyi l w i1y UI ciall 72) -3O labouve arn elenTonicjjiy oqn 6& to ycu 4i 'EmBII. a-i$:l G Jrari LJLcJyn Crr MN OmErs Na ne[s Local Aen1 Qer' ire: 42 W 1flCiii Et AgenUs Address, Phone: IU1) tL77 Irir Phona: mi3fr Email: Aenra ErnIl: Gutrunt ii re' Epi4iiri Date: ni5i iicd B.Eed an preperty en-ridNions, arid/or va1Ii nuiE-it i ithnb, th rtciricsd t)ttjr qr.a1rt1 es for l'/-( Mciih Rental Llcenie, Prior to 8ppIiUiIfcg appravdI by thla Cy Coun] a fully nlob1 1411i1ia1k'n Fl =4 he rrçpMed and appaveDd by City sMTf, A Aitri Pari must e sptt m ffitly in order HIUrB ti mi, CO;'ilç*AiOfl of The llceric appk&iGn promss, iTho Mi1aiiQn Piri should the steps bLiriJ [Bri to cirrt inuiied V) 11 a ris a n lh' ri, ess u re s tht'tMlt Ic'ri I u G nure cv g 01 U.- Wn pliance with U 4 cesn o rid applicable ccid, A hiffioafford PFri Hllu3 1he ahmer and the City ew Dznnnems and idesIjty.possiNlo, -,;vIulfYbn--9 4cF improve eworaff airidbions of Le property. If the Miiiaiion Piaii1 Is not ithrnitted and all hems iro ric4 ornplet wll119 1W pending baenike, prriid, or tie abow, pwprrt-,r operatas beyrai Ihe Ibne eplr2lIn Colo. anforc*rnent actiorm st -h as cUci, formal x'nipI&iU Eji' IinB rview may rei1L, erUrntttJ½ fII1ut SeGOO, 3 A Ed and 0 focallod on ia 2,.S,4, i1hd TjT,vVirL cii Fj'aq iThA -4- r uy FifEwUlAyn Ca1b n[ty Slandama i-hmit iitr: FThI LO I Th711 1 TA2IWS ReMal 11y I rrurd idEROOKTJYN E42 Umso Mit1atIon P lanCNTER Typ o I V Li ene Efl Use tiItEn Pie ariirt The grurnn thEii Iri [ho Cfim e Free Miyusina , Lem Addridum. A ca py of 11ht Wkso igremen Fmo HouEtsg L!I Addendum must be atthd W the P [an win submIned, 2i A g mio pue th e te ?itn or leasu rni'si1of evi^w 3 'ndu1 rirniiI bkirnund check Far M new rtthra lenanU9, Pf it i L-nt a new bi rif reired, i1utba t3ble En pmiide ujEjoito citv irrquL6d. 4 Alte-Wi ni City a pproM ig h t-hadi COme FroeH ou g IngInform a tion for ipprcivd ure n b Io(Jrd at ;veAv.rrjxV a,net undor Ole Train fn A cop ythe IIma Fr C6TIEfi ca lernuLl tt1itdHo1be MIati Ran when sOm I tted, Crim Firee HMEMO ti nipetd c&s Wi0diI for- Owner or 29eflTaltemIcAlispi 8 nning En alteM trninin ity Lij ) submit McnthIy Upd a-le. bv EM iO dyeach monU. RUGO fl 1) GoMpTate a 'UrlIy eiieritnd impImn In in queEd h' BrnokIyii C1i PbIkEi D'pflrriiit. T Jtii i iia orfc!JwipSo.c-urity ca ll (763) $-3;344. efo m the r1n exptrtit da [! ify the ei1y InIMe-O rflan 4m, have beenFnE. if a Se has pau irnMd. write the conipeIo 4, ( 1'.s cmpIetecI ir1i duId ftir H I wiipkid oWis aheuIed C onti nue Sections A, Phase fltall pa; 71pe Wi Ran, , 4-t-iLJS * iidi [4y 4iMiu DprbhiIe Gik P, tni 1 I irnr: r SUMIDWO AND COMMtrnSTANDAD$X-m ?5Irrdiwi rd PlanNTR _________ Type IV License Sewforts A—Crime Free ffaus*tg Pram Requkentonts (tnnth) Pb UI agent WU af mdriumuni O% (2) of AM mffigs. The AFLM müttin must he within the nt per3od and before the peiuiJri Ty P1 Une B 1rBi1 egi1rkn i n viquired, nu utjr1-in durin.i thB rnHrIi. Wft twci meelinn daier, n cner gEirit pI8rl r or 'iII a4terd ARM. n4ings theui 2) Have no p eat *Ae vioaiiDr S prevf'irIy druc;umented with the past year fl i Conduct rnin annually that includes flr1prEVBnbOfl tethFikuB. fl .2) Odiiit iai1r reE.nt , ffrj, 44 OMMUMILY D,,pIhiyhhd w n COA F, C?ih%r rrvl I 3MM wig MM CoAnTMTY SiD - 3ROOJYN P1N4r RenffaI -Ucento hlitigetban PFI1J TLVLIase ill -rmake a - I .11 - I I _1rL - 111111 i - a found _)dA!1 ritL!!L.vip_ Item Datij Last Replaced rGondiflue Expected RepFaiin1 Exp-qq fe., Wsr Heister M]'y 20W F My 2020 Furnace ________Ji 22$L KItthri 4tfgonrzeq. JJ j ref 2blS h e rirr prahi dc* smoke Alii Ci8tm Mc'ioide Alts ras !N 0 y trk'r ftemB F&Fding Eli wh-Ebm _________! El Roat FBn na Shad F Othor_________ Gd G firF r. PF' Rup. 4-r4 Qtly of Iftooldyn daw-gy—M-nildimy nii 62Ui ShiJk Creek Fry, E P.J 4).21SHI Fh F TP(; 11 I Fi -- I VA,IItL( '1 1]I ;- fgn anti Verify I viirñfy that all inrtmaion p'•Idei is ttue., and Hcur. P understand that if dr ni oompfy with ihe. pprced Mjbgstbn PIn, conr pIyifth sit i!1nic within ihe limnso , pedol, cff opeamato bqond IkErie pIra1ñ diLe. forc such fôriiI onp1rnts, Drop, may rUIL V}jrd Krdnth oymer AQenf Name end Tdj,61 pz'' 11J1Li17 AgWif --L. bnr tiwr CjiF Tii A1Tii -- çr 2 37:/L pz Alev. 444-i5 M-tF of Dr.Dp mwor—tdi iii flflh1r1ttF 5u4 Pzbti Cr911!Lti11 ENIIP. Ci k7I, E IfiCtir, I -i 1 T71t1 Cfity C©rffldli Ad1i llm N©0 A21 UN [EI1IJ[iJ I fl I V M I 3kTA [I) &WI WIYAi 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. 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 [S[I1IJ I fl U k"4 L I DkA 0) UI PUk'A I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1 - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51 8B.0 1, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [i[I1IJ[SJ I U I I kA U'A I M!4 (I) 1I flSJ I Budget Issues: There are no budget issues to consider. Strategic Priorities: o Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 2913 Nash Rd Ens fir/Jig liii attractive, clean stile, inclusive COJJIJ,iIIIi,IV that enhances the quality of lift' for al/people aiulpresei'ves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 2913 NASH RD WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 2913 Nash Rd, is issued a Type IV Rental License with an expiration date of August 31, 2017; and WHEREAS, the property located at 2913 Nash Rd, is issued a subsequent Type IV Rental License with an expiration date of February 28, 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 2913 Nash Rd, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete security assessments and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that two TYPE IV Rental Licenses are hereby approved for the property at 2913 Nash Rd, Brooklyn Center, MN. December 11, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Property Addre ss ,. 291I II Rtd JKTi CtnLer Onr Nl): di Froprt. LLt cnr.Addr: LE n a No PbiruIh MN E-5-4 4 6 Owriers. Phone: Ocwf ii: Current Exp irat ion Dat_2/28/2017 KIVI t Local i1ls): M(I1 ffij Agent '--5 Addre" 120 Centre Pninte Cur iii rnt PAN 512' Ant' PhonE CE51)77-813 Agen 're Em8U: @omcrnirrr Re nding pIrtJcDa te., 08/31/2017 KM rw, V4 rrn cfftr1zJ Based om prp+ry c 4Itiis rtr iid plico inc incidents, the Bbcwe referenced prF1j1!/ qI1uliflE for ii TypqJV-G Month Rental Lice Prk'r to sppu:aUwappm.½,al Vy 1he City unc1l a fully 1ed M itigaffion Plan must be eu rp.p8ste d and Bppod by City sL A Miatn Plan must be oiriplied [mn -diaiely In order to emure ilm e ly co m pl erw of Cho Rene 8pplicdhon pro. The iAftOoñ Plan houki hWiwle 1hT being taker to corrert enhiflEd 4i(fl nJ tFi ums that will be taken to emure ringolng compli a ncewUh City Otinii and a pp5m bfe ccde m . A Miflgallcin Plan a llwoS Ihe. O%Wgornf th Cib reOevi com-ams and lcJ'.rili? p.ibla sc-Tu1juns ft' improve o er.a1l condthn of th prop e rtNc. It 1 .ft MITIIDn P la n is inot submitted nd !l lteni re riGi cowoXto d Wthin the priding license period or the above properly opm^.Yales beyond ihe lirse expiration dale, enorcemnl; 5-1k'n iith as tilativn,furnial complaint. or tkie rniy result, Bfcie ubmlttrg 1l-nut S ecti ons A , a md C 2, 3 . 4, and S kLnP uf&Gtktya t L2J1&iL titut1j e'i F!kr, I-r4N 5 NZI a '219B I Ptrr: 171 I 1 tT711 1 Fa'43 BROOKLYN CENTER TIMMING AND COMMUNITY STAN1AD 2,9 13P12th Re ntal Li c ense MIIat1r, Pi o n Too W Li c ens e So tianB —Crim H Proj f 11 Use a 'd.Tltifl leaGe. OW'rarL The se agreenint sh a ll Include [ho Oirfle Free HDusing Lease Addndurn, . py ljkfee agreement *nd Crime Froo Hun Li Mdnthrm meat be attached to 140 M1i;i Plan wh e n ubmIttd. 2) Agree 10 p ursuo U tormiria t ion o rease agre em e nt or i'ik'ri 0 ienan tio vcikite the trm of the Fee ry Idiin-& [J 3 CondutI crirnInt tiriii check, for 1] n e w prpec1I tenI. F ft irit El new b2;gmund theck Is not rqufrd. Mus t be be to pra'ide dcutttiion to Jity if requesled , 4) AFind e City ppri Iht1ur Crime Free Housing tr ahing colarso. Irrimiion far pprid riirea ca n be found a1'AWi.rnflp4i wr the Th?ritig nd Everrhq Iib. A copy i0f tho CTF.Tft Free Hou si ng Certl1tce m u !A be zttac1ied to the A[tIgtk PIIfl wh e n EUN11Jtld Onfroe Free Hou s ing training was onpFe thdued for. Ownr OT agent alt-e rj&ziris ptannig to atlend traWng Et oity of F51 15)Lij uirtiiI Mc'n1hfy Update by the (jIh d' Cd oith rri'n. Ph as e I 1) Complete e Bec u rdy As;-q@ ,3 5m@-n1, and implement Impi ennt rtd by the Broo klyn C'nt PYce Deprtrrint. Toso' ult ri ifli1ai or follow-up &ctir[y Aesrneni, rall (7 344. AftIlow-up mt mt b mp1t& beforo tho l i cense exlrattcir date to ve ri fy Ihe socurily improvements hw bciri Imi1wm!a1m1eth if a Secirty Aemerit hat boen prek'usly aomrkle d, w'it& th ,comple llo n SiJjy A &sessm o nt was ixmpletd on4 hethikid for: SjKumV A t—sot,^ment ,k9bei-up was con%fftl e d cheduIed for_30 days KM C onti ft,wo W Ta JVRI mLkii Ptv,, i,. 44 CEly o4yn C-su nter--ftU ding mud ODDumuuky 4rrTh ztrwit 21 1lr;ID C4E Pa r# 441 Ge nilc, MN 4UI Ph'i: (?1 I TY: 711 I F Q) --O BTIUiDJNV AND COMMfli( STA19DR(D CEMERXMI TypeWLItenso bLYN r13 Nh d. -tIy Ir Rental 11ft ACnm Fr Hong PrDgrrs (cmJ!wed) 1) OwrE!rcragenll willattenciat ffftanum 50%(2) of the ARM, ThiaA.FLNIL Meefings must bia vampleted withirL the rn p9r1'ad and before tile peiiWng Type IV Lks ritn thB. JgIs1raIon is 1uirr,d hu'er you must .iUrinj Vio rn1ing Mte wo m1iri (bS on owner or agrit plan Ia attend. OwnEror agerd vIIl a1ti AR,M Me.E1UngG sobeduled i.it: X -KM 2) Have no repeat ecle VvMfioris pre'huEy d'xurn'nted wih 11he r4vt year. The fcowng a0lovis rqu1red for properties with four{4) ior rnaIB units. ) Conduct res-lden.t wmrj nnuali that Ind-udea crime mlent5an techniques. EJ 2} Conduct regular nImtir. Fve YO TYPO rRnt& k-e .R, 4-$. CRY Of yn tddiEg and comi rnij 1aId3 id wwv. i1iHInj 1fll hn BIiiC.rLr, M SEAMOL210 r TTY- 711J B MMING AND XMMITY WANDARD S City, iff CCl L Rnti1 License Mifig al fon PlanENTER Type IN Ltcns Shs B ,=Lip!' Tem Cp1t! fmpirowm en t Man Ba se d t!rl candithmand ag ia, eslirriak1 roplaeorn o rit dt.E&tnBd th be pra'uide for C-O mman ca p ft.l ikrn Funding be mn s idere d acrdlrgiy. Items 1h brkn1 wtm 1 br Oth e mise in violation prior to the e1lm reIinnt datt hu a dto be repd sacner. All item mujt h a ve Ii fo rEstimat ed RpaerneiIOa(e,Da tes; 4iur, don't kngw' of when brokee wi l l not P If you are urure of utien an 11ern wifl need to Vl, u can rnak p Ucin bas ed on the age. apper.nie wrOhlon , o r I1iofturii?induary rmbc.. Mii1 irlf rni1k n en, E ^!p eci ted Useful Life can te our [turn Date Last Cnditjon Epeed Rep hm.ement tate WW -BS'ir May 201D F My 2020 FOWU 0,p re -2M-3 WrHiter KiLthn ppr Laundry Appliances Smoke Alarrns Carbon I2)17 4-9 27 E xieflor leni PairiVidir pr?-15 p re-201-3 - Roof gift-2013 Fr1u pm-M13 - G2raçe _2025 Dveway -Sidewalks O1hE C31diIbfl r1Rtj V49 da RnirR 41ri TWe ?VRii1t& LVJ Are. Ci ty i 10rva k lyn Clenlax--Ylifflding amd c ttmeit 3E11 Shi nSW rarpikPyJii Cttr, P 1 1T:?I I atI7I 569 ,S36 3 BUIMT AND-NRSCOMMUPaW STDAD —BRObIIcJYN .2 i F1 5tkn err Rental Lleense Mitigation PlanCENTER Type LV Li Irprve Ma nagem on I a h d Cc ffdWans a fPr'py Thi Hems in Lh} cIJin haw been proven to itWili prapery r jrrnt Eind prc'pErty Imago. The follwingactfons erB rure 1) ChEIfl with Wants every I1yiIEi by ptciperty to check fcd possible code vItIcin, } it1onrth in VLoWlon of Wic ke or any, aiuri 4)Rorrain currem on all IJili1y fe es, axe. am* fines. penitI and bftT 1inni mnth due k? Lh o ci1y 6) Other: The followti re -o pttonal unlass requIred tiy lbo City. i t-c•io n!E]zw .erv1e, Li 2) Prov j'arbag $) l iriyEj 4.' P(Wde maintei9ne seryka plan fDr Name of EeMce cornpany- 5)Other-, - If 41ho T FV--G Month Rental License is Bpproi. b the City Council, ih Iree must cinpIy 1th the cvd MiitIrn PAn and all applicable Cly Crkt A wrItten rptt must be brniffd by lite iV's day of each tTh with an updae of-actions be]ffig taken by the owner andlaragent to comply with this Mitigation Pilm A ixj of The Monthly Up t cr be found page!, A iflkiIeforn mn be, tound on the Cir?s wel4i at iIc1yncn6-r.or r call (Th -30 in eltrrinlc w.py sent to you via mil. Pr,mso attach adtEtI lnrrrmc,n Of nry. 7YP9 rqik frL Thv. or, U$ Cty if k2n nd n1LLL1y iic1xtt t1t1tftt*M nw.. cl Oil i'ntrj 1-43M n i, 93E1JT1 Pt1I)F Q63' I TTY 711 1 ic 76,31) Eg-P! q'4 j/ ? Ar/ifTu Fan A&MW PAW vrt7 r 4 Th•u te ALi i&ifl I ciri' St rm .-_.----- (I 1-• - iL!C4C1 i!fi1't!( & 1:.,!iflDrc i1TILfl1 T.ppe ri F {äifai 4-14- CJiy of Bu a P I Va po t4r--BuJ1dL n.d C pii& MW 3fl1 axp T1Y:71f BUUM INGpAND iIDwj Ii tip Ii J1iR I]: -- Typo IV UcBnae Ilm dVAMOn Wgrafian Plans Li dfi MI , beaceopW d, A flllabie frri ca n be round on The CI wob silea ' w.cityf. i.eñ4Orfl OF call 763I 8683M to ha ve an etBc1mnIc wpy sent to you via em-iI. Property F45h Knee, Breow -pri £r?s Owner; NamüB): L UO Onrs Mir !P tc L P1h/ñulh, MN EM44 Owrwft Phones Oiir EmBlk Current Exph Ho n S Lcici1 Ant{s}: PAiiDI Iiaer 121iiCun1r PiThi Gur. ,- WD, hlWota flei s htMN B12!1 A ge ws Phone; 5t)771 Age nt's ErnEll: ^x fP dlng Expi!lln i24 1I Based o n property cthIins a n dforiIid2tEd polio nu isa ned incidni., the ab ove e(nced Typed fV-6, Month R.es1I Lbri, Pri o r IG ppHon pprvBI by The 01y rii a fully compl e ted Mfti1lon Pin must be cornpleted ond apprced by Ay Onff. A Mt19oi Pl a n m u s t be complete d Inimdhg in rb ensure tirneI iinpIeion of the li ce n se 1cj1irni The tIkri Pffl thculd indic ate the- storp being taken to cA rred ifeiir3d &Ia ffonq and them irthaf'MII be tak e n iü ns ur ^& ongoing conVIl a n ce 1h Ci ty Ord inar and ppIkbte cod8s.. A MlIIon Plan alboys the o wne r'and'the Ciy to rev1w a nd identify izIJor io Fnpmve o'erII ondi&on of The piperty. If he Millgalon P I nci ubmibIed, and 91 It e nis aro ño1 coneted vithh the ptremg license perlrJ, or the above prtipery rpItes nd the ikertae plra tionrftttl, EnfementIoi.jth ats cit ati on, 1orr1 npIain, or li ce ns e review may r es ult, hrntttn, flJkut 11or A 18, and C on p a ges 3 4 F1d 6 Pi f/ JL'Rl Mi1L'Gn Raw, 4445 t4 nniuiy H ap epLrbmat 1 Ni Cr PrIcq, Ec4 cmir 1 !N 51Q-2I I (fL5) 1W: 711 I F (? BlIULDING 313 COMMUNITY BR8,916YIqCENTER r13 N---h Rental License MIIFor Pt TypLVLkeii 1} Uslo a wfitten Fea asemerit, The IB.e agreemerMshall friIudA !he Crin Housing Lease Addendum. Acoy iaf th rint and Came F Uinj Lease Ad dend um mt be attached W4119affon Plan wilen submKied. [] 2) Are to pursue Me lormMalion arlesse a e'nit or EVhtidn of -njs.wl iDlete. he torms cflhe Jemeor any addendums. J ) Gzn d'irit rnikii barund chk foraI ne.v prolprective 1nBnt. IfIli'sacurreattenant i niw background check is rLr8quirRd. Mu1 to oble to povlde &iurIent11iDn to Cirfiqu&1, 41 Attend a City approad tght-hir Crime Free, HOUCIng trinirg ourso. hiibmiaiion far p p Fo yod ociUres ca r1 be furd a t AvAv. rnrpa.nEt u n d e r 910 Trnndjj Aôpy ofth Crime FEBa Hous[ng Qctifficalis muet he to the lLtittn Pion when Cri Free FoiJEin a1rM ri1p]fMd oMs sctird foc__ Qflr oragerit stlendedM plamVing to atei frimii at rally a 3i 1Ar'ff1 Monthly Update by 1he i' day of each month, phoso Fl C'iipiet€i a Securily Aissetament rirI Frnplrit iuiprament requü1d by The Bithiyn CnrPoce Department, To thedufe n dniiliai follow-up SurILy Anin call (M) 5-3344. AiMow'p -esinenLmut be completed betbro the cnse pIn cfotia to the seur r11prIyl,tBrI.sbts have bn Irnp1nind. If $ yAnnth been write the onpIbdafti. 401-19V/15-Uritv MeEsrnBntw.3 tcpd ori hIv1 îôî; Security Assessment fQIkiwtip w.s. c npied orE!i haduled for Coifflnue Sections A1 Phase III on - Rev. 44 ,j i1y cft UrIii uii.d ni111n1i *4.0 iaxIzmüt 4t-tr53 Edr 5-i I Pi :I TT;711 R F ill!) I 'LJ fti Pk ? __- u1arnj Ms ACrime Fi€2 Haiu rdng ProgramñffI7?PflS (cthur hF&tlI H 1,) O'rier or agenl 'MH 'fld at n*ffrnuri U% (2),oftho ARM. nietlng.. The ARM meetings must be m1t within the rental fft par[Od and before the pendIng Typo IV Ln xpraI Ri1iatian incitrquIred, horu rntt gigi-Jin durfri th r1lng. VMW two maBling dte. 'r arr[ plan I ti tlend, Oioner or pagent will aiten AR.M, nieolin =hsduled 1 iM7 andifilha fl1 2) 'Lw pitxfevic1a1lcins preMuslydbrurnentedWilh 4he past y6w. TM 11win arns sre ireqUired for prprfie with fatr () rncwa un11 1' Conduct ridt training anrwil that includes crime psevention techniques. CriIut rgiiIar resIdent meitin, GommiaaI17 Standamss E1iru Ur I Pty 17M) SE-"3.V I Date Usl Rpaced May2iff pre-2U1 - IJ1 $ !)J ttlj Ii.f.) 'I I - ,tI - B—LQ-ig T Imp M Oased on oidiicjri nc a, aiimaied piniercit dales i'ecd k be prav r twnrian igittIfteflE Fiir 1'iiId he acDrdIngIy, 1loms ht are wokon. iAwn, of t1wis inviolation prior to ;irmaid r t dalia need to Do rp1acad sooner, All items nmt hovB Etd1e für Eraed ep D. uh knW, wbroken' witJ not beauceptetj, It yi..i are uraure of wh e n an Item voill td to be rijrc1, you can make a prflln based on Me age. appearancA cindi&,n, r mriufadu&1nduiry.AdthtcisaI Informalion on Expecied UE.efuI Life can be found a wIwhud.gDv.. RUM E.it: Water He,s'ir Furnace Wabu Heater KIIhn Appllaric LtJly AppIIS1) Smoke ?'Iarrr CarfwnMonokdeAlarnr Qcmbpram 'It4r4i1rrjiI rr IF May 2020 2021 2-3 2021 pr'-2U1 winduvea Roof Fence Shad Gasage l2D1 CflL'fftirrli /bhrtj Gnd=G FP fteth Rp1arnE111R Fii -, 14y ex E13E4 d 6101 h ?P4 554 ,102 1ii:rii I _______ gi•j rio pz.ià i ii ai St[on C—SIOPs to 0py Magipt and Cmdiffbna ofPperr The liBnis In ihlssedimin have been proven to Mh p'cpdy Mmgement and poiy In19 The Iowinj SCOOPS Ary requlted,,fj 1) ChBJn wiU tantE EfUday ) Dgh'a bypeoperly to check Forpiam1ble code vIcIatb'i.. 3)Lv 1iensin vlciltin of the Ie or any ?ddndurna. 4 Riin currenj oirt till uiHL fees, xe rirint. I1rie€, peiiIe. i1 other ThincIaI lin ayriei1 due to ih City 5) Ohr The fullmIng at1on a ptionl unt required by th. City,fl 1) P roAft lwn/riuwE 2) Frok10 rbge 31nII c.iry '11nL 4)PT*Ade mmtefliflcB r.BrvIce pri. for BppIkn. nie cif ei* rnp-any: OIh: If the Type W-6 Month Rnr Limme iS approved by The City CccriH, the licensee nit cmply with the SPWOVOd Mitkial-ton Plan arid 3i1 applicable C),Iy C. AwrU1r port rnLrs-t b subMitted bY fte 1 day ctthrnnihith n upd cf aitIc bhg taken by the mer.nndVor la cGmPNwih We MIdiri FIn. A copy of Iho Monthly Update can be roundpage 7. A I1llbIe torn in be round on ffie CV6 wb1 i or call{TF)) 53 i have an eledrunic ipy sent to U la Please cth eddRE01101 Information If C nk1ym c*ii a U311 Shi'1 pj Brt!pkfri CjJa F, IM 419 N 13 MX (7J I TY: 711 iWt1 nu'arth £¼thInt 4 JLtLI r' Isirue a r4xurIe, I L1deItand if I do-m a t mmp^rvkqpi 1ha Epproied rditivitson Plan, w mply th all Items '1INn t hoe.ii piud, cd Qpe rIte beyor thelin epliatki nk'rcni'2nt a''tkr Jeli 1Eiion, fouriat coffirilaids, orIIcrie reviwmay reuIL 6i^V'10.611' 1A • f r Jirxib p^^asa F F Kde tAi rd Yci WniI Jjrj. Aççb) IySrzth' cmry 1:LIL! r LEkHi au. pL1iiE i!:i MN 1fI12Wi I F1i: I Tfl: 71T Fa!: ti2) Cty Cou1Ln1dll Ani lirn N©0 i©i 07 R ^Ilu^ [i[I1SJ[i1 IN I I k'A Uh'A I Dk'A 11 '' 11 1iI WJL I DATE: December 11, 2017 TO: Curt Boganey, City Mana6-3^ THROUGH: Michael Ericson, Interim Community Development D FROM: Jesse Anderson, Deputy Director of Building and Community andards SUBJECT: Type IV 6-Month Provisional Rental License for 5406 Sailor La Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 5406 Sailor La. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) 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 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 [EI1Sk[iJ I fl I M'A L'A I I'A (I) 1I I1IJ I Current rental license approval activities for license that expires on 03/31/2018: 06-23-2017 The owner, James Waters, applied for renewal of the rental dwelling license for 5406 Sailor La, a single family dwelling. 07-13-2017 An initial rental license inspection was not conducted. No access was provided at time of inspection. 07-28-2017 A second inspection was conducted and failed. Three property code violations were cited, see attached rental criteria. A $100 reinspection fee was charged to the property. 08-11-2017 The $100 reinspection fee was paid and rental license passed. 09-06-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 09-06-2017 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. 09-30-2017 The previous Type IV Rental License expired. 11-22-2017 A Mitigation Plan was submitted. 11-29-2017 The Mitigation Plan was finalized. 12-01-2017 A letter was sent to the owner notifying that the hearing before the Council will be held December 11, 2017. Prior Tvne IV Rental License aunroval activities for license that expired on 09/30/2017: 12-27-2016 The Owner, James Waters, applied for renewal of the rental dwelling license for 5406 Sailor La, a single family dwelling. 01-23-2017 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. 02-27-2017 A second rental inspection was conducted and passed. 03-07-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-07-2017 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. 03-21-2017 A Mitigation Plan was submitted. 03-27-2017 The Mitigation Plan was finalized. 03-31-2017 The previous rental license expired. 04-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held April 10, 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust ii1i1SJ[iJI II ak'A LA I O) 1I I1BJ'À I disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar 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 [i1i]JLYSJ fl I N IhYA I I I'A (I) 1tI WJA 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 al/people and preserves the public trust :ES1sJ[sJ I I I IL4 I 'A I MhYA (I) 1I I1II'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 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 XMI '301-11-1,01 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 5406 Sailor La 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 5406 SAILOR LA WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5406 Sailor La, 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 5406 Sailor La, 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 5406 Sailor La, Brooklyn Center, MN. December 11, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I Lb Ki il rfli M im w1I 'Lt a L? c b h you vb un al. •-'- I KY - Lr1nflnriL5&9 T(, k A - 13 ffv.,d i VaPertf c a rptIm aI1p iii 1iit. t prnPrly qE1T Fi1c1i R Cruirfa lV3Vc-arrf-kW MWORui Rm rrid ba OWiptabW k4 Afor b} M an rrt bo cca;gtcL%dIrrd1wLn'! 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EIy I}j jiJ J4 FIN I I UYii 1 ___ i 11flj] F I€.] Ig•piij4. ARM - I IRM Rri r1i t1 yJii W N Ela oLd ftir rrJ ibrjj. W- rna M ive bm w&n, or o Wem hi ici 11A ufird n#d lxi ba crr AI larra rntkI km dAt V9 EiiJ rroAW4ffwnr r.MW, Nlim is uuh rur LThnui kicY bthan' ci uIc 'I'Mii n 1rn re1' b rep Jti i pc&n br1 an Lhn u,wpçie, asidUm,cnit JitLdn&Ixy re o^wf M2i1 fth Er L ItJIii Jnd e wffn-huP#L ndhkiT?ERmirrLDL - B Sri .irrni Cib'i1 rs1 iiii El AA MO F[LEI4L ____________HFl Apri mm nm ] NX0 Jj 4fIT $'1 RrF i rn -ir Tti c.iW rurii* byD1) Y 'T3 00 a U 4] PD flu iiijiM pLr .y H UIA RFt3 rrfJ1 LRfflA1 ttiz Cky GwrFa,tha In mul mnrqIh Pdji3Ii,i Pt1 n ari i piAiibiwdtt,n diubcnIttd bth 1 duyc rrnriLh WIth bl u1kii btaken bj1Jm dwilketith P&,Hnr M-ri j of ilia Wr,thF bo Mum d ciii7.. A rwi Lh pi mrmçry sart Lo au .iti 4,Et1 Fteaseattar-boddillonOld ..kIn - i P im ii I ir TLINtP Ot1T TANEAR CENTERIAPW RiLi F1n - Type IV Lkrn ad 1rhmniiil pruAdcA. Is trim on -J. armW.-. Rw T. mwud rn Fi i ccml4vwth a I t1rmLNn Lti D I naroe,bii1 th mchas ffI TkL&i rg riceewy&hmr' 'kLyc pri 1 /' ' / A''u Pew st r IIl ILiI .:I:t --- I 1L1IS I 7Th 91 U Oty Couffrnfl Agendz I{frm N©0 it©b COUNCII I{TM MEMORANIDUM DATE: December 4, 2017 TO: Curt Boganey, City Manai THROUGH: Reggie Edwards, Deputy Cit y anag FROM: Sharon Knutson, City Clerk 44uo^, SUBJECT: Mayoral Reappointments to City Advisory Commissions Recommendation: The enabling resolutions for the City Advisory Commissions outline that the members of the Commissions shall be appointed by the Mayor with majority consent of the Council. It is recommended that the City Council ratify the Mayor's reappointments to commissions with terms expiring as follows: Financial Commission term to expire 12/31/20 Tia Hedenland Teneshia Kragness Housing Commission - term to expire 12/31/20 Mark Goodell Park and Recreation Commission - term to expire 12/31/20 Bud Sorenson Jill Dalton Planning Commission - term to expire 12/31/19 Alexander Koenig Abraham Rizvi Rochelle Sweeney NW Suburbs Cable Communications Commission - term to expire 12/31/18 Darryl Sannes Background: Several commission member terms on City advisory commissions will expire December 31, 2017. City staff liaisons to the commissions polled the members whose terms were expiring to determine their interest in continuing service on their respective commissions. A brief summary regarding the commission reappointments is attached, including a table that indicates the geographical distribution by neighborhood of the current members of the commissions, as well as an attendance record of commissioners. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhan ces the quality of life fo; all people and preserves ii e public trust EI]JJ[IJII•1 V AB I DkMI) iflhJl Financial Commission The Financial Commission is composed of a chairperson and six members, with members serving a three-year term. On December 31, 2017, the Financial Commission terms of Rex Newman, Tia Hedenland, and Teneshia Kragness will expire. Tia Hedenland and Teneshia Kragness wish to continue their voluntary public service on the Financial Commission for another three-year term. Rex Newman wishes to complete his term and resign from the Financial Commission. Notice of vacancy has been posted. Housing Commission The Housing Commission is composed of a chairperson and six members, with members serving a three-year term. On December 31, 2017, the Housing Commission terms of Mark Goodell and Susan Pagnac will expire. Mark Goodell wishes to continue his voluntary public service on the Housing Commission for another three-year term. Susan Pagnac wishes to complete her term and resign from the Housing Commission. Notice of vacancy has been posted. Park and Recreation Commission The Park and Recreation Commission is composed of a chairperson and six members, with members serving a three-year term. On December 31, 2017 the Park and Recreation Commission terms of Bud Sorenson and Jill Dalton will expire. Bud Sorenson and Jill Dalton wish to continue their voluntary public service on the Park and Recreation Commission for another three-year term. Planning Commission The Planning Commission is composed of a chairperson and six members, with members serving a two-year term. On December 31, 2017, the Planning Commission terms of Alexander Koenig, Abraham Rizvi, and Rochelle Sweeney will expire. Alexander Koenig, Abraham Rizvi, and Rochelle Sweeney wish to continue their voluntary public service on the Planning Commission for another two-year term. Northwest Suburbs Cable Communications Commission The Northwest Suburbs Cable Communications Commission is composed of two representatives from each participating City, one of which is a representative of the City Council and the other a resident of the city, with members serving a one-year term. On December 31, 2017, the Northwest Suburbs Cable Communications Commission term of Darryl Sannes will expire. Mr. Sannes wishes to continue his voluntary public service on the Northwest Suburbs Cable Communications Commission. Mission. Ensuring an attractive, clean, safe, inclusive community that enhances the qiudity of ilfe for al/people and preserves the public trust a) I-ft CL ft O ft ft ft ft ft ca t a)0 Lii ft ft ft CL ft ft ii CL Ca)> U)(0a)C C))LU ft LU D D W (04- -C) C Ca)ft ft ft ft LU CL LU CL -C) 1= -0 ft ft Lii ft ft CL ft D o -ftLU LU LU LU I->1. o k 0 o E LU ft ft D CL ft ft a)z - cn C)) Ca) C-) C C-)C C.) C C)C C)C C.) 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CU C 5 5 NH0 NH0 N,-i0 CS N- 0 LL N,-4 0 N-) 0 NH 0 NH0 NH0 N,-) 0 NH 0 N-U 0 N-1 0 NH0 N,U 0 N5 0 r- 0 0 0Ci 0CU CU LU•54-'LU 0L CL<4Z0 II II II II II LH Work Ss©n Agrioa AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION December 11, 2017 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. !TI1V I!Id aU1TF I1IIfi [!JI V V DI I Wage Requirement for the Business Subsidy Policy I J DliI h[I I 1V S) a J1 LII ei 4'i'LI] 1 4J 3I'fI [I]F1 Later/Ongoing 1.Food Trucks Update - January 2.Conducting City Council Business Electronically - January 3.Naturally Occurring Affordable Housing Policy - January 4.Overnight Parking - January 5.South Opportunity Site Development - February 6.T.H. 252 Freeway Conversion Study Update - February 7.City Council Code of Policies (October 9 Study Session Discussion) a.Section 2.70 Street and Alley Lighting Policy b.Section 2.93 Long-Term Deer Population Management Plan 8.Tobacco Purchase Age 21 (Brooklyn Youth Council) N7V©k S ©llh1 Agrulldt ]Ithrn1il N©. 1 k'A I 3k'A (I) 1I I1ihYA EI1Sk[iJ I YLO) 1 Si *b1I1 (0)I DATE: November 27, 2017 TO: Curt Boganey, City Manag FROM: Michael Ericson, Interim Community Development Diretoib SUBJECT: Wage Requirement for the Business Subsidy Policy Recommendation: It is reconmiended that the City Council consider providing direction to staff regarding the wage requirement for the business subsidy policy. Background: At its October 9, 2017 work session, Mayor Willson shared his review of the city's Business Subsidy Policy where on Page 264 there is a reference to providing incentive dollars that businesses must pay workers a minimum wage of $7.00 per hour. Mayor Willson stated his support to change the amount in our policy in as much the State minimum wage is $9.35 per hour and scheduled to increase. (Minutes enclosed) I have attached City Council Resolution 00-20 and EDA Resolution 00-04 which established the City's Business Subsidy Policy in compliance with Minnesota Statute 116J.994 regulating local state business subsidies. This statute requires that prior to awarding a business subsidy of more than $150,000 (as defined by law) to any business, a City, EDA or HRA must hold a public hearing and adopt criteria for awarding said subsidy. The statute includes several criteria to be considered including a specific minimum wage for jobs that were created. The wage may be stated as a specific dollar amount or may be stated as a formula that will generate a specific dollar amount. The City has significant discretion regarding the method it uses to establish the policy wage minimum. The City's Business Subsidy Policy was developed as a part of the 2000 Redevelopment Agreement with Talisman LLC, former owners of the Brookdale Regional Mall. The wage established at the time was $7.00/hr. and it has not been updated. Staffs understanding is it has been applied three times with Global, Embassy Suites, and FBI. Recently, the City Council approved the development agreement for the construction of the Marriott Fairfield Hotel which replaced the $7.00 as the hourly wage for that project with the State Minimum Wage. The State Minimum Wage is $9.35 per hour. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust IA I 31h'A (I] 1WI P1IJYA i[I1SJ[i1 I 'LI] 1 [iJl As a comparison staff researched the Living Wage and would reference the following for the Metro Area. Living Wage Calculator AutCIeS About Search for a slate city, or metro area Living Wage Calculation for Hennepin County, Minnesota rhe living wage shown is the hourly rate that an individual must earn to support their family, if they are the sole provider and are working full-time (2080 hours per year). All values are per adult in a family unless otherwise noted. The state minimum wage is the same for all individuals, regardless of Iron, many dependents they may have. The poverty rate is typically looted as gross annual income We have converted it to an hourly wage for the salts of comparison rot further detail, please reference the technical documentation here. 2 Adults 2Adults 2Adutts 2Adultn (1 Working 1Adult I Adult I Adult 2 Adults (1 Working)(I Working)(1 Working)Part Time)2 Adults 2 Adults 2 Adults Hourly Wages 1 Adult 1 Child 2 Children 3 Children (1 Working)1 Child 2 Children 3 Children 1 Child 2 Adults I Child 2 Children 3 Children Living Wage S1l.39 $24.92 $31.08 $39.70 $18.79 $23.86 $28.39 S30.02 $14.05 $9.40 $14.05 $16.80 $20.23 Poverty Wage $5.00 S7.00 $9.00 $11.00 S7.80 $900 $11.00 $13.00 53.00 5400 $5.00 $6.00 Minimum Wage $9.50 $9.50 S9.50 $9.50 $9.50 $9.50 $9.50 $9.50 $9.50 $9.50 $9.50 $950 'Documentation for families with an adult working part-time is available separately, here Staff would note that using a multiplier of 1.2 to the State Minimum Wage of $9.35 per hour, and hourly rate of $11.40 ($23,712) which would result in an hourly wage which would achieve a living wage of $23,628 for a single adult. The purpose of the work session is to consider whether the current wage minimum of $7.00 per hour set forth in the City's Business Subsidy Policy should be modified. We believe among the options to consider include, State or Federal Minimum Wage, Livable Wage, or Prevailing Wage for construction jobs created. We believe the council may want to consider an automatic review or adjustment method to address inflationary increases over time. Policy Issues: Is an amendment increasing minimum wage requirement of the Business Subsidy Policy necessary to achieve the policy goals of the City Council? Should staff prepare a resolution to revise the Business Subsidy Policy to reflect an increase to the state minimum wage? What standard or amount should the City use for the wage component of the policy? Should the wage minimum component policy be viewed and revised periodically to reflect inflationary increases. Should staff provide additional information before final direction is given? Tktission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves the public trust k'A I Dk!A (1) 1I PlIh'A EI1II[iJ I !AII) 1 C4i *'Ii (iJI Strategic Priorities: o Resident Economic Stability Attachments: October 09, 2017 minutes excerpt Minnesota Statute 116J.993 Chapter 14 Handbook of Minnesota Cities-business subsidy Council Resolution NO 00-20 EDA Resolution NO 00-04 Council Resolution NO 00-21 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Directors is requesting that comments regarding any draft policies be submitted no later than Friday, October 27, 2017, so they can be considered at the policy adoption Board meeting on November 9, 2017. Councilmember Ryan stated there will also be a Board meeting on October 19th during which St. Paul Councilmember Tolbert will be offering a motion to amend, to delete the elimination of prevailing wage requirements from the workforce housing program. He stated if the Board would choose to pass by majority vote of the Board to delete the language in question, it is anti- prevailing wage. Councilmember Ryan referred to information he put together on this topic for the City Council's review. Mayor Willson asked if the City Council would like to schedule this information for a Work Session. Councilmember Lawrence-Anderson stated she would like time to review this information prior to that discussion being held. Councilmember Ryan stated members could have the opportunity to review the material and this topic could be added to an upcoming Work Session agenda. Then the City Council could be polled on what should be recommended for the Board meeting and St. Paul Councilmember Tolbert's motion that will be offered on October Mayor Willson suggested this topic be added to the next regular Work Session meeting agenda. Mr. Boganey stated while it could happen, he would be surprised if the Board made a change on October 19th having not yet received comments from the rest of the State, but it could happen. Councilmember Ryan stated it is as much about sending a message for those of us who have a significant number of residents in our communities that are members of labor unions. He stated we should stand up for them and make that statement. Councilmember Ryan stated he appreciates Mr. Boganey's perceptive comments and would be surprised if the Board did rule but some may be willing to entertain that discussion at the Board meeting. Mayor Willson stated Brooklyn Center workers are paid less than the median average so from his perspective, whoever the workers are, union or not, prevailing wages should be paid and especially if the wage being paid is under the State or Federal minimums. It was the consensus of the City Council to ask Mr. Boganey to add the topic of prevailing wage to the October 23, 2017, Work Session agenda. CityCouncil Code -of Policies,. Mayor Willson stated the City Council just received the General Policies as a replacement and upon review, he noticed on Page 264, Section 2.61 Business Subsidy Policy, #113, there is reference on providing incentive dollars that businesses must be paying workers a minimum of $7 per hour. Mayor Willson stated support to change that dollar amount as the State minimum is $9.35 per hour and that will go up to $10 next year. He stated $7 per hour is not even close to 10/09/17 -3- the minimum, so he offered that for a point of discussion. Mayor Willson referenced Page 266, Section 2.70 Street and Alley Lighting Policy, #4C, that mentions street lighting being high pressure sodium and the wattage, but there is no mention of LED lighting or green-type street light bulbs so he finds that language to be outdated. Mayor Willson then referenced Page 277, Section 2.93 Long-Term Deer Population Management Plan. He stated he has heard some inquiry about the number of turkeys and geese in the City, so it should be discussed whether to add those wildlife species to this wildlife management section. Mr. Boganey reviewed comments made by the DNR on the City's options. The consensus of the City Council was to support Mayor Wilison' s suggestion and ask Mr. Boganey to schedule the topics for discussion at a Work Session. DISCUSSIONOF LI]RK SESSION1111 DA ITEMSPiI PERMITSU1 BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE I (49th AVENUE TO BASS LAKE ROAD) - PROJECT UPDATE City Manager Curt Boganey introduced the item and requested the City Council provide direction to staff regarding gateway monuments and streetscaping. Acting City Engineer Mike Albers summarized the City Council's past consideration of the Brooklyn Boulevard Corridor Project, which is being undertaken in coordination with Hennepin County for reconstruction and streetscape improvements on a 1.4-mile segment of Brooklyn Boulevard between 49" Avenue and Bass Lake Road (County Road 10). This project is scheduled for construction in 2018. It was noted the proposed project will improve roadway and intersection safety, enhance traffic operations, and provide improved bicycle and pedestrian facilities by adding a trail on the west side of the roadway, improving sidewalks, transit stops, adding streetscaping and landscaping, and improving the functionality of intersections with modified turn lanes. Mr. Albers described the improvements to roadway, bike and pedestrian ways, transit, and streetscape. Mayor Willson asked about the concern expressed by the New Millennium Academy relating to their buses having trouble navigating the 51 " Avenue intersection. Mr. Albers described the proposed project improvements that will mitigate that concern. Councilmember Graves asked if the crosswalk at the 51 " Avenue intersection will be painted or will there be a flashing light. Mr. Albers stated it is recommended to be a painted crosswalk and not installing the light at this time so there is not a false sense of security and people are more aware of traffic as they cross. It will also be signed as a crosswalk. Councilmember Graves asked if there will be additional lighting. Mr. Albers stated there will be an intersection light and the transit hub will also have lighting. Councilmember Graves stated there will likely be a lot of pedestrians at this intersection so she is concerned with safety. She asked if there will be a decrease in the speed limit. Mr. Albers stated it is anticipated to stay at 35 mph. To change it, 10/09/17 4- MINNESOTA STATUTES 2017 1161993 1161993 DEFINITIONS. Subdivision 1. Scope. For the purposes of sections 116J.993 to 116J.995, the terms defined in this section have the meanings given them. Subd. 2, Benefit date. "Benefit date" means the date that the recipient receives the business subsidy. If the business subsidy involves the purchase, lease, or donation of physical equipment, then the benefit date begins when the recipient puts the equipment into service. If the business subsidy is for improvements to property, then the benefit date refers to the earliest date of either: (1)when the improvements are finished for the entire project; or (2)when a business occupies the property. If a business occupies the property and the subsidy grantor expects that other businesses will also occupy the same property, the grantor may assign a separate benefit date for each business when it first occupies the property. Subd. 3. Business subsidy. "Business subsidy" or "subsidy" means a state or local government agency grant, contribution of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient, any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business. The following forms of financial assistance are not a business subsidy: (1)a business subsidy of less than $150,000; (2)assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; (3)public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; (4)redevelopment property polluted by contaminants as defined in section 116J.552, subdivision 3; (5)assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50 percent of the total cost; (6)assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; (7)assistance for housing; (8)assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance subdistrict as defined under section 469.174, subdivision 23; (9)assistance for energy conservation; (10)tax reductions resulting from conformity with federal tax law; (11)workers' compensation and unemployment insurance; (12)benefits derived from regulation; Copyright © 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 116J.993 MINNESOTA STATUTES 2017 2 (13)indirect benefits derived from assistance to educational institutions; (14)funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501(c)(3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; (15)assistance for a collaboration between a Minnesota higher education institution and a business; (16)assistance for a tax increment financing soils condition district as defined under section 469.174, subdivision 19; (17)redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; (18)general changes in tax increment financing law and other general tax law changes of a principally technical nature; (19)federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; (20)funds from dock and wharf bonds issued by a seaway port authority; (21)business loans and loan guarantees of$ 150,000 or less; (22)federal loan funds provided through the United States Department of Commerce, Economic Development Administration; and (23) property tax abatements granted under section 469.1813 to property that is subject to valuation under Minnesota Rules, chapter 8100. Subd. 4. Grantor. "Grantor" means any state or local government agency with the authority to grant a business subsidy. Subd, 5. Local government agency. "Local government agency" includes a statutory or home rule charter city, housing and redevelopment authority, town, county, port authority, economic development authority, community development agency, nonprofit entity created by a local government agency, or any other entity created by or authorized by a local government with authority to provide business subsidies. Subd. 6. Recipient. "Recipient" means any for-profit or nonprofit business entity that receives a business subsidy. Only nonprofit entities with at least 100 full-time equivalent positions and with a ratio of highest to lowest paid employee, that exceeds ten to one, determined on the basis of full-time equivalent positions, are included in this definition. Subd. 6a. Residence. "Residence" means the place where an individual has established a permanent home from which the individual has no present intention of moving. Subd. 7. State government agency. "State government agency" means any state agency that has the authority to award business subsidies. History: 1999 c 243 art 12 s 1, 2000 c 482 s 1; 2004 c 206s 52; 1Sp2005 c 3 art 7 s 1; 2006 c 259 art 451, 2008 c 366 art 5 s 2 Copyright (0 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. :!; [s] 1] 111].l; Learn about the requirements for a city to establish criteria for awarding business subsidies and various development agencies cities may create. Find an overview of state and federally sponsored programs for encouraging development and redevelopment. Most economic development tools can be applied to any size city. These tools are interrelated, and a city may use several for one project. RELEVANT LINKS:V. Business subsidies or financial assistance A. Business subsidies Minn. Stat. § I 16J.993 to State law defines "business subsidy" or "subsidy." It is a state or local Minn. Stat. § 1161993, subd.government agency grant, contribution of personal property, real property, 3.infrastructure, or the principal amount of a loan at rates below those commercially available to the recipient. In addition, a business subsidy is any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business in an amount greater than $150,000. Minn. Stat. 1161994,Prior to awarding a business subsidy of more than $150,000 (and as Minnesota Department of defined by law) to any business, a city and any housing and Employment and Economic redevelopment authority HRA), economic development authority (EDA),Development (DEED).port authority, and nonprofit created by a local government must hold a public hearing and adopt criteria for awarding business subsidies. The public hearing notice must include a statement that either a resident or a city property owner may file a written complaint with the city if the city does not follow the business subsidy law. Written complaints must be filed within specified timelines. The criteria must include a policy regarding the wages to be paid for any jobs created. Copies of the criteria adopted by cities are found on the Minnesota Department of Employment and Economic Development (DEED) web site. Minn. Stat. § 116J.994, subd.Once the criteria are established, the grantor and the recipient must enter into a subsidy agreement that meets the statutory requirements. The agreement must include an obligation to repay at least part, if not all, of the subsidy if the recipient does not meet its obligations. This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. J 145 University Ave. West ww.lmc,org 10/10/2017 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 0 2017 All Rights Reserved RELEVANT LINKS: Minn. Stat. § 1161993, subd.Types of assistance meeting the definition of a business subsidy include: 3. Minn Stat. § 469 185.grants; contributions of real or personal property or infrastructure; the principal amount of a loan at rates below those commercially available to the recipient; any reduction or deferral of any tax or any fee; any guarantee of any payment under any loan, lease or other obligation; or any preferential use of government facilities given to a business. Minn. Stat. § 1161994, subd.The law imposes a 180-day statute of limitations on actions to challenge a city after approval of a business subsidy agreement. Citizens or owners of taxable property in a city may bring a civil action against the city for failure to comply with the business subsidy laws. Cities should therefore consult closely with the city attorney before awarding a business subsidy. Minn. Stat. § 1161993, subd.There are several exceptions to this definition, including a subsidy of less 3.than $150,000; subsidies for redevelopment, pollution control and land clean up, housing, industrial revenue bonds, utility property tax abatements and other similar programs. Minn. Stat. § 116J.994,Recipients must provide grantors with information on their progress toward the goals outlined in the agreement. The goals for increasing jobs or retaining jobs must result in local job creation and job retention. Grantors must submit the annual Minnesota Business Assistance Form (MBAF) to the Department of Employment and Economic Development (DEED) by April 1 each year for each business subsidy agreement. Local government agencies in cities with a population of 2,500 or more must submit an MBAF, regardless of whether they have awarded business subsidies. Local government agencies in cities with a population of 2,500 or less are exempt from filing the MBAF if they have not awarded a subsidy in the past five years. B. Financial assistance Minn.Stat. § 116J.994, subd.Cities may offer "financial assistance" in the form of a business loan of Stat. § 1161994,more than $25,000 or a guarantee of $75,000 or more, but less than $150,000 required to constitute a business subsidy. If a city offers such financial assistance it must develop criteria and set minimum wage floor levels as prescribed in business subsidy law. Cities granting such financial assistance must submit business assistance reports to the Department of Employment and Economic Development (DEED) within one year of granting the assistance. League of Minnesota Cities Handbook for Minnesota Cities 10/10/2017 Community Development and Redevelopment Chapter 14 1 Page 4 Member Debra Hilstroh introduced the following resolution and moved its adoption: • RESOLUTION NO. 0020 RESOLUTION ADOPTING' BUSINESS SUBSIDY POLICY WHEREAS, the City of Brooklyn Center is required by Minnesota Statutes, Sections 116J-993 through 116J.995, to adopt a business subsidy policy; and OL WHEREAS, attached hereto and incorporated herein by reference/s Exhibit A is a proposed Business Subsidy Policy with criteria; and WHEREAS, the City Council conducted a public hearing on January 24, 2000, regarding the proposed Business Subsidy Policy and criteria; and WHEREAS, it has been found and determined by the City Council of the City of Brooklyn Center that the proposed Business Subsidy Policy and criteria as set forth in Exhibit A are reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofU Brooklyn Center that the Business Subsidy Policy and criteria as set forth in Exhibit A be and hereby are adopted by the City Council. January 24, 2000 Date C)^3 Mayor ATTEST: City Clerk The motion for the adoption of the resolution was duly seconded by member Kay Iasman and upon vote being taken thereon, the following voted in favor . thereof: Myrna Kragness, Debra Hilstrom, Ky Lasman, Ed Nelson, and Robert Peppe; and the following voted against the same:!, none; whereupon said resolution was declared du1y passed and adopted. RESOLUTION NO. 00.-20 Exhibit A CITY OF BOOKLYN CENTER j BUSINESS SUBSIDY POLICY The following business subsidy policy is intended to satisfy the requirements of Minnesota Statutes, Sections 1161993 and 1 16J.994 (the "Act"), in particular, Section 11 6J.994, subdivision 2, thereof. Terms used but not defined herein have the'meaning given them in the Act. The term "City" shall mean the City of Brooklyn Center. The term "Project" means the property with respect to which the Business Subsidy is provided. A. All Projects must comply with the following criteria: 1.But For Test. There is a substantial likelihood that the Project would not go forward without the Business Subsidy. This criterion may be ! met based solely on representations of the recipient of the Business Subsidy. 2.Wage Pjjcy. If the Project results in an obligation to create new jobs pursuant to a subsidy agreement, the wage for each part-time and full-time job required to be created pursuant to the subsidy agreement shall, within two years of the benefit date, pay at least $7.00 per hour. 3.Feasibility. The recipient must demonstrate to the satisfaction of the City that the Project has d been adequately financed and either has been or will be completed in a timely fashion. 4.Compliance with Act. The Business Subsidy must satisfy all requirements of the Act. B. EVALUATIVE CRITERIA The following criteria recognize that the award of a Business Subsidy may serve a variety of public purposes of varying importance depending upon the specific Project facilitated by the Business Subsidy. The degree of importance to be attached to various public purposes which may be served by a particular Project must therefore involve the exercise of sound judgment after weighing all relevant criteria. Not all evaluative criteria:will be applicable to all projects. In any event, the City may disregard any evriluative criterion it determines to be either irrelevant or unimportant in the case of the particular project, as permitted by the Act. The evaluative criteria are as follows: I 1 Jobs. The number of full-time equia1ent jobs to be created or retained by the proposed 2. Tax Base. The net increase in property taxes estimated to be generated by the Project in the first full year of operation. RESOLUTION NO. 00.20 Exhibit A 3.Services to the Community. Whether the Project will provide services or facilities needed in the community. For example, the Project may provide needed health care services, commercial facilities, or other services or facilities needed in the community. 4.Blighted Property. Whether the Project is located onproperty which is, or is likely to become blighted, and is not likely to be developed or redeveloped because of the blight or other adverse conditions. 5.Whether, as a result of the Business Subsidy, the Project will include design and/or amenity features not otherwise required by law. 6.Comp atibili ty . Whether the Project is compatible with the comprehensive plan. 7.Utilization of Existing Infrastructure Investment. Whether and to what extent the Project will utilize existing public infrastructure capacityor will require additional publicly funded infrastructure. 8.Leveraged Public Funds. The ratio of private funds which will be applied towards the capital cost of the project compared to the Busines Subsidy. 9. Other Factors. Depending on the nature of the Project, such other factors as the City may deem relevant in evaluating the Project and the Business Subsidy proposed for it. H E Commissioner Kay Lasman introduced the following resolution andmoved its adoption: EDA RESOLUTION NO, 00.-04 RESOLUTION ADOPTING BUSINESS SUBSIDY POLICY WHEREAS, the City of Brooklyn Center and the EDA are required by Minnesota Statutes, Sections 116J-993 through 116J.995, to adopt a business subsidy policy; and W}{EIE/tS, attached hereto and incorporated herein by reference is Exhibit A is a proposed Business Subsidy Policy with criteria; and WHEREAS, the City Council conducted a public hearing on January 24, 2000, regarding the proposed Business Subsidy Policy and criteria; and WHEREAS, it has been found and determined by the City Council of the City of Brooklyn Center and the EDA that the proposed Business Subsidy Policy and criteria as set forth in Exhibit A are reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the EDA that the Business Subsidy Policy and criteria as set forth in Exhibit A be and hereby are adopted by the EDA. —Janiia ry Date The motion for the adoption of the foregoing resolution was duly seconded by commissioner Ed Nelson and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Debra Fills trorn, Kay lasman, Ed Nelson, and Robert Peppe;and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. 1. RESOLUTION NO. ODD Exhibit A CITY OF BROOKLYN CENTER BUSINESS SUBSIDY POLICY The following business subsidy policy is intended to satisfy the requirements of Minnesota Statutes. Sections 11 6J.993 and 1163.994 (the "Act"), in particular, Section 11 6J.994, subdivision 2. thereof, Terms used but not defined herein have the meaning given them in the Act. The term "City" shall mean the City of Brooklyn Center. The term "Project" means the property with respect to which the Business Subsidy is provided. All Projects must comply with the following criteria: I. Dut Forlut . There is a substantial likelihood that the Project would not go forward without the Business Subsidy. This criterion may be met based solely on representations of the recipient of the Business Subsidy. 2.Wage Poli c y. If the Project results in an obligation to create new jobs pursuant to a subsidy agreement the wage for each part-time and full-time job required to be created pursuant to the subsidy agreement shall, within two years of the benefit date, pay at least $7.00 per hour. 3.Esibility. The recipient must demonstrate to the satisfaction of the City that the Project has been adequately financed and either has been or will be completed in a timely fashion. 4. The Business Subsidy must satisfy all requirements of the Act. The following criteria recognize that the award of a Business Subsidy may serve a variety of public purposes of varying importance depending upon the specific Project facilitated by the Business Subsidy. The degree of importance to be attached to various public purposes which may he served by a particular Project must therefore involve the exercise of sound judgment after weighing all relevant criteria. Not all evaluative criteria will be applicable to all projects. In any event, the City may disregard any evaluative criterion it determines to be either irrelevant or unimportant in the case of the particular project, as permitted by the Act. The evaluative criteria are as follows: 1. The number of full-time equivalent jobs to be created or retained by the proposed Project for a period of at least two years from the estimated benefit date. RESOLUTION NO. JQç Exhibit A 2.Tax Base . The net increase in property taxes estimated to be generated by the Project in the first Full year of operation. 3.Whether the Project will provide services or facilities needed in the community. For example, the Project may provide needed health care services, commercial facilities, or other services or facilities needed in the community. 4. Blighted PrQ p fa . Whether the Project is located on property which is, or is likely to become blighted, and is not likely to be developed or redeveloped because of the blight or other adverse conditions. 5, fl ig liijjn Whether, as a result of the Business Subsidy, the Project will include design and/or amenity features not otherwise required by law. 6 .-Compati bility. Whether the Project is compatible with the comprehensive plan. 7.1W1i zation of Exi gi n aI nfras trumm Investment Whether and to what extent the Project will utilize existing public infrastructure capacity or will require additional publicly funded infrastructure. 8.L fwe The ratio of private funds which will be applied towards the capital cost of the project compared to the Business Subsidy. 9. Other Factors. Depending on the nature of the Project, such other factors as the City may deem relevant in evaluating the Project and the Business Subsidy proposed for it. Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION NO. 0Q2L RESOLUTION APPROVNG REDEVELOPMENT AGREEMENT WITH TALISMAN LLC WHEREAS, pursuant to thb Minnesota Business Subsidy Act, the City Council conducted a public hearing on the 24th day of January, 2000, on a proposed grant of a business subsidy to Talisman LLC for the redevelopment of the Brookdale Mall; and WHEREAS, the proposed business subsidy was reviewed pursuant to the City of Brooklyn Center's Business Subsidy Policy and was determined to meet the mandatory criteria and was reviewed under the evaluative criteria as set forth in Exhibit B, which is attached hereto and incorporated herein by reference; and WHEREAS, attached heretd and incorporated herein by reference as Exhibit A is a proposed. redevelopment agreement betv(een the Economic Development Authority in and for the City of Brooklyn Center and Talisman LLC; and WHEREAS, the terms and conditions set forth in the proposed redevelopment agreement in Exhibit A appear to be reasonable and proper. NOW, THEREFORE, BE iff RESOLVED by the City Council of the City of Brooklyn Center that the redevelopment agteement and business subsidy of $2.9 million is pay as you go tax increment financing as set fojtth in Exhibit A be and hereby is recommended for approval by the Economic Development Authority in and for the City of Brooklyn Center. January 24., 2000 F. Date ATTEST: City Clerk LI The motion for the adoption of the foregoing resolution was duly seconded by member Kay 'Lasrnan and upon vote being taken thereon, the following voted in favor thereof:Myrna Kragness, and the following voted against the same: none; Kay Lasman, Ed whereupon said resolution was declared dily passed and adopted. Robert Peppe; Debra Hilstron Nelson, and LI LII RESOLUTION NO. C() 1 Exhibit B J&'L PSL'd V (S(I) i iti) ISJj * 1 3 LOIS) i an m no I$II IP'Ii$J 11MJJY1 A. MANDATORY CRITERIA All Projects must comply with the following criteria: 1.But For Test. There is a substantial likelihood that the Project would not go forward without the Business Subsidy. This criterion may be met based solely on representations of the recipient of the Business Subsidy. The Recipient has represented that the project cannot go forward without the proposed use of tax increment financing on a pay as you go basis. 2.Wag e PQiic. If the Project results in an obligation to create new jobs pursuant to a subsidy agreement, the wage for each part-time and full-time job required to be created pursuant to the subsidy agreement shall, within two years of the benefit date, pay at least $7.00 per hour. The Redevelopment Agreement requires the creation of at least 93 jobs paying at least $7.00 per hour. 3.Feasibility. The recipient must demonstrate to the satisfaction of the City that the Project has been adequately financed and either has been or will be completed in a timely fashion. Recipient has provided a loan commitment and the Redevelopment Agreement requires completion of the project in a timely fashion. Also, no payments will be made unless the recipient has performed under the terms of the Redevelopment Agreement. 4.Compliance with Act. The Business Subsidy must satisfy all requirements of the Act. The Redevelopment Agreement requires full compliance with the requirements of the Business Subsidy Act. B. EVALUATIVE CRITERIA The following criteria recognize that the award of a Business Subsidy may serve a variety of public purposes of varying importance depending upon the specific Project facilitated by the Business Subsidy. The degree of importance to be attached to various public purposes which may be served by a particular Project must therefore involve the exercise of sound judgment after weighing all relevant criteria. Not all evaluative criteria will be applicable to all projects. In any event, the City may disregard any evaluative criterion it determines to be either irrelevant or unimportant in the case of the particular project, as permitted by the Act. 0 RESOLUTION NO. Exhibit B The evaluative criteria are as follows: 1.Jobs. The number of full-time equivalent jobs to be created or retained by the proposed Project for a period of at least two years from the estimated benefit date. The project will create at least 93 new jobs and will retain a significantcant number ofjobs. 2.Tax Base. The net increase in property taxes estimated to be generated by the Project in the first full year of operation. The captured tax increment is anticipated to be $1,071,000 in the first full year of valuation. 3.Services to the Community. Whether the Project will provide services or facilities needed in the community. For example, the Project may provide needed health care services, commercial facilities, or other services or facilities needed in the community. Brookdale serves as the retail center of Brooklyn Center and its vitality is crucial to the W economic vitality of the commercial areas around Brookdale. 4.Blighted Proper. Whether the Project is located on property which is, or is likely to become blighted; and is not likely to be developed or redeveloped because of the blight or other adverse conditions. If the property is not redeveloped it has the strong potential to become blighted, with a drastic negative impact on the City's tax base. 5.Design and/or Other Amenity Concessions. Whether, as a result of the Business Subsidy, the Project will include design and/or amenity features not otherwise required by law. This criteria is not applicable to this project. 6.Compatibility. Whether the Project is compatible with the comprehensive plan. The project is compatible with the Comprehensive Plan. 0 RESOLUTION NO. Exhibit B 7.Utilization of Existing Infrastructure Investment. Whether and to what extent the Project will utilize existing public infrastructure capacity or will require additional publicly funded infrastructure. The project will use existing infrastructure capacity. The City, with a grant from the State Legislature, previously constructed storm water system improvements to treat the storm water run-off from the project. 8.Leveraged Bablic Funds. The ratio of private funds which will be applied towards the capital cost of the project compared to the Business Subsidy. $2.9 Million Tax Increment Financing Note will be leveraged in a Redevelopment Project which includes in the recipient's redevelopment budget: $11.7 Million Department Store Contributions, $7 Million tenant improvements, and at least $21 Million in mall improvements). 9. Other Factors. Depending on the nature of the Project, such other factors as the City may , deem relevant in evaluating the Project and the Business Subsidy proposed for it. The redevelopment of Brookdale has been a community priority for a number of years. The redevelopment of Brookdale is essential for the maintenance of the City's tax base and regional commercial base. Presented by Michael Ericson, Interim Community Development Director The current city’s Business Subsidy Policy states the minimum wage is $7.00 when incentive dollars are provided to a business It was recommended by Mayor Willson that he would support changing the amount in the policy to match the State minimum wage of $9.35 per hour with scheduled increases. The City’s Business Subsidy Policy is in compliance with Minnesota Statute 116J.994 regulating local state business subsidies This statute requires that prior to awarding a business subsidy of more than $150,000 The wage may be stated as a specific dollar amount or may be stated as a formula that will generate a specific dollar amount The policy was developed as a part of the 2000 Redevelopment Agreement with the former owners of the Brookdale Regional Mall It has also been applied to Global, Embassy Suites, and FBI. The City Council approved the development agreement for the Marriott Fairfield Hotel which replaced the $7.00 as the hourly wage for that project with the State Minimum Wage of $9.35 per hour. Is an amendment increasing minimum wage requirement of the Business Subsidy Policy necessary to achieve the policy goals of the City Council? Should staff prepare a resolution to revise the Business Subsidy Policy to reflect an increase to the state minimum wage? What standard or amount should the City use for the wage component of the policy? Should the wage minimum component policy be viewed and revised periodically to reflect inflationary increases. Should staff provide additional information before final direction is given?