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HomeMy WebLinkAbout2018 03-26 CCP Regular SessionAGENDA CITY COUNCIL SPECIAL SESSION MONDAY, March 26, 2018 5:00 p.m. City Hall Council/Commission Conference Room 1. Call to Order 2. Roll Call 3. Introductions – Mayor Tim Willson 4. Federal Updates & Top Priorities – Congressman Keith Ellison 5. City Strategic Priorities – Mayor Tim Willson 6. Open Discussion 7. Closing Remarks – Councilmembers and Congressman Ellison 8. Presentation of a Token of Appreciation to Congressman Ellison 9. Adjourn MEMORANDUM COUNCIL SPECIAL SESSION DATE: March 22, 2018 TO: Curt Boganey, City Ma FROM: Reggie Edwards. Deputy Ci y Manage SUBJECT: Meeting with the Honorable Congress Member Keith Ellison Recommendation: This is a meeting established by the City Council with the Honorable Congress Member Keith Ellison. Background: In early March, the Office of the Honorable Congress Member Keith Ellison of Minnesota's 5th Congressional District, communicated with the Mayor and City Manager to request a meeting with the City Council. On March 12 "', the City Council directed staff to confirm a meeting with Congress Member Ellison on: • Date: Monday, March 26 • Time: Start at 5:00PM • Location: Brooklyn Center - City Hall (Council Commission Conference Room) Congress Member Ellison's staff confirmed the meeting date, time and location as requested. The meeting objectives include: • Hearing a federal update from the Congress Member • Hearing about top issues of the Congress Member • Sharing an update of the City with the Congress Member • Exploring possible future city federal related legislative Member Budget Issues: N/A Policy Issues: N/A Strategic Priorities: N/A issues with the Congress MLsion: Eusuring an aiJ'iIctive, clean, saft inclusive coiewuin/tj' that enhances the quality of life •fi; all people and Preserves the pub//c trust From: Johnson, Cheniqua [rnallto:CheniqiiaJohnsonmaiLhouse.gov] Sent: Tuesday, March 6, 2018 3:42 PM To: Tim Willson; Curt Boganey Cc: Long, Jamie Subject: Congressman Ellison Meeting Dear Mayor Willson, and Mr. Boganey: I am writing to request a meeting with you in the coming months to discuss the issues of greatest interest to Brooklyn Center, and to provide a brief update on activities in Congress. Because I am in Washington D.C. the bulk of the year, I always look forward to opportunities to connect with the units of government closest to the community. Please be in touch with Cheniqua Johnson in my office to coordinate a meeting I have limited availability during the evenings when I am back in Minnesota, so if possible, I would appreciate flexibility in trying to schedule a meeting during work hours, or over breakfast or lunch. The next two-week Congressional recess is the last week in March and the first week in April if there are days in that time range that work for you. Otherwise, we can look for times in future weeks. Best Regards, Congressman Keith Ellison Cheniqua Johnson Staff Assistant & Intern Coordinator Congressman Keith Ellison (MN-5) ClieniaL,a.iolinson@mail,house.gov 2100 Plymouth Ave N Minneapolis, MN 55411 Office: 612-522-1212 0 f-'\ cc A/ THE;cciN:1Ec / \ \1(I ®®Li jJ llj\y 'PA ffig ®mgoo Do Eg C®rm m1r9 th rnim x]P ® unnll llJT1%©fln cwoaregaee rR©nnn 5:005:05 Welcome by Mayor Tim Willson & Introductions 5:05 5:20 Federal Updates &Top Priorities by Congressman Keith Ellison 5 -20-5.30 City Strategic Priorities by Mayor Tim Willson 5:30 5:40 Federal Issues Response and Dialogue with Congressman Keith Ellison 5:40 5:55 Open Discussion 5:55 6:00 Closing Remarks by Council Members and Congressman Ellison and Presentation of a Token of Appreciation to Congressman Ellison Adjourn - U)00C C U) 0 CO C 0000 C/) -4- C) 00.0)a)a)a) wc2 80o0000CC) 0 504-EoU)UU)C0 0.00CO Cl)-9U)OCl)CD Ea)0 0 5 00.> C :4- 0a)4--0.0)a)a)04-> 55 0-ESf750 ±If (DE73o >(1)Or-0Oa)0 a)-C>>a)*.-4-Cl) = >U)-->C C))a)OU)1 a)0U) 00a)U)0CTJ (1) Cl)- 0 U) L C 20 CO-4- -00 a)0 0 .0 >.Q°w - C) 4-a)a )CO8- a)O 0U)o >0)N 73a)00ol)0 c 0)0)a)0)00 - E 13 . 4- -'. 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Cl C.992CO 0)0_a) - 0 - 0 Sr - 5ECO.0a) Q92 > -00 C >- 5 0)0 CtE-00 00 o C I 20CC) 2 0 = . :a) 4-.- a) C c:Cl) > 0 a)E o 4- E C C 0 c Wta) > o > 0 -0 0 a) £9 0 92Ca) 8t 0CL2 E 13 C 8..-o 920.2(J)C C4-C a) Cl) E8 .I C 0.92 92 C)) Cl)2 92 92 -0 4- 0 0a) a .92 00) En h a n c e d C o m munity Im a g e Resi d e n t E c o n omic Stability Inclusiv e C o m m u nity Engage m e n t Safe, S e c u r e , S t a ble Com m u nit y T a r g e t e d R e development LEGISLATIVE Ci t y of Brooklyn Center KEEPING YOU UP-TO-DATE ON THE LATEST FEDERAL LEGISLATIVE NEWS Brooklyn Center City Strategic Priorities 6301 Shingle Creek Parkway | Brooklyn Center, MN 55430-2199 www.cityofbrooklyncenter.org e-mail: info@ci.brooklyn-center.mn.us | City Hall (763) 569-3300 201 8 - 2020 Brooklyn Center City Strategic Priorities 2018 Key Tr a n s p o r t a t ion Investm e n t s We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Enhanced Community Image – Our ability to attract and retain residents and businesses is influenced by the perception of the City. We will take specific actions to assure that Brooklyn Center is recognized by residents, businesses, stakeholders, and visitors as a high quality, attractive, and safe community. Resident Economic Stability – The economic stability of residents is essential to vibrant neighborhoods and to retail, restaurant, and business growth. We will lead by supporting collaborative efforts of education, business, and government sectors to improve income opportunities for residents. Inclusive Community Engagement – In order to provide effective and appropriate services, we must clearly understand and respond to community needs. We will consistently seek input from a broad range of stakeholders from the general public, non-profit, and for-profit sectors. Efforts to engage the community will be transparent, responsive, deliberately inclusive, and culturally sensitive. Targeted Redevelopment – Redeveloping properties to the highest value and best use will accomplish our goals regarding housing, job creation, and growth of the City’s tax base. We will appropriately prepare sites and provide the necessary supporting infrastructure investments to guide redevelopment of publicly- and privately-owned properties. Safe, Secure, Stable Community – For residents and visitors to fully appreciate and enjoy a great quality of life, it is essential that all neighborhoods are safe, secure, and stable. We will assure compliance with neighborhood condition and building safety standards, provide proactive and responsive public safety protection, wise stewardship of City resources and policies that promote safety, security, and a lasting stable environment. Key Transportation Investments – Proactively maintaining an efficient and effective infrastructure will meet the high level of community expectations. We will plan for and invest in critical infrastructure improvements that enhance safety, improve life quality, and support opportunities for redevelopment, while sustaining the natural environment. 2018 FEDERAL LEGISLATIVE PRIORITIES Cityof Brooklyn Center Transit Improvements We are part of the Blue Line coalition that supports of funding for Light Rail Transit to along Bottineau Boulevard, West Broadway to 610 Hwy. Critical; transportation needs for our Resident We strongly support Bus Rapid Transit Projects such as the C-Line and D-line which start at the Transit Hub and take riders to Downtown to the Met Airport and Mall of America in a much more comfortable , convenient and expeditious manner. Both of these projects are critical links to a metro wide multi-modal system of transportation needed by our residents. Trunk Highway 252 66th Avenue Interchange Regional and local transportation issues including safety, congestion, and community connectivity dictate that adjustments be made on this major metropolitan highway. This project needs both state and federal funding. Without either contribution, this project becomes very vulnerable. The State has been petitioned to include this project on the State Transportation Plan. This project is important to the regional transportation system for metro-wide travelers and regional/local freight transporters. Trunk Highway 252 70th Avenue Pedestrian Overpass Regional and local transportation issues including safety, congestion, and community connectivity dictate that adjustments be made on this major metropolitan highway. There have been several traffic deaths in this corridor. This project needs both state and federal funding. Without either contribution, this project becomes very vulnerable. This project involves constructing a pedestrian walkway over Highway 252, so that citizens and visitors can safely walk and jog between neighborhoods. The State has been petitioned to include this project on the State Transportation Plan. This project is important to the metropolitan regional walking and trail system both for citizens and visitors. Federal Tax Exemption for Municipal Bonds Brooklyn Center has identified over $200 million in capital and infrastructure needs over the next fifteen-year period. Financial management of these projects, such as Shingle Creek Crossing, is critical to a community of 30,712 citizens. There are looming concerns of municipalities losing federal tax-exempt status, which would significantly impact the City’s ability to make long-term infrastructure investments, and provide high paying jobs, while keeping the tax burden down to a minimum. Congress and Administration continue to discuss repealing the tax exemption or replace it with a cap on investment deductions. Opioids and Heroin Drug Initiatives Senator Amy Klobuchar reported a statement to the Inspector General’s report on “opioids” that “the report found that spending for commonly abused opioids among Medicare beneficiaries exceeded $4 billion in 2015, raising concerns about misuse and patient safety. Brooklyn Center’s Mayor – Tim Willson has participated and spoken and testified on the issue of the need to confront our nation’s opioid addiction epidemic. Senator Klobuchar and Senator Joe Manchin recently introduced the Budgeting for Opioid Addiction Treatment Act (LifeBOAT), which would establish a permanent funding stream to provide and expand access to substance abuse treatment. Federal Minimum Wage The issue of a minimum or fair wage has been a national issue throughout the Presidential campaign season. Minnesota minimum wage is $9.50 per hour for large employers and $7.75 per hour for small employers. The current average wage income for a Brooklyn Center resident is $45, 707 compared to $62,355 for workers in Hennepin County, which is $16,648 less income per wage earner. The Metropolitan Council reports that 56% of Brooklyn Center residents are earning 185% below the poverty line at $44,826 for a family of four. Increase Funding for Community Development Block Grant (CDBG) CDBG funding is used to provide funding to social service programs (up to $30,000) in two key areas: 1. Public Service Projects – such as emergency home repairs, housing advocacy and support for low income renters, senior assistance, and meals-on-wheels. 2. Neighborhood Stabilization – such as foreclosure mitigation, code enforcement, elimination of slums and neighborhood blight, and acquisition and rehabilitation of foreclosed homes. AGENDA CITY COUNCIL STUDY SESSION March 26, 2018 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 a. Discuss Email Inquiry Regarding Birds Catching in Topgolf Net 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn ( CITY COUNCIL MEETING City of Brooklyn Center March 26, 2018 AGENDA 1.Informal Open Forum with City Council - 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation - 7 p.m. 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. 4.Roll Call S. 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.March 12, 2018— Study/Work Session 2.March 12, 2018 —Regular Session b. Licenses C. Resolution Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Property Tax Rolls d.Resolution Certifying Special Assessments for Weed Removal Costs to the Hennepin County Property Tax Rolls e.Meeting Schedule for 2019-2020 Budget f. Resolution Adopting Emergency Private Utility Repair Assessment Policy CITY COUNCIL AGENDA -2- March 26, 2018 g.Resolution Establishing Improvement Project No. 2018-08, Belivue Area Mill and Overlay h.Resolution Accepting Bid and Authorizing Award of Contract, Improvement Project No. 2018-13, 2018 Street Seal Coating Resolution Authorizing Execution of a Small Wireless Facility Collocation Agreement with Zayo Group, LLC j. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2016-19, Sanitary Sewer Lining, Mississippi River Trunk Line 7.Presentations/Proclamations/Recognitions/Donations a. Presentation by Hennepin County Sheriff Richard W. Stanek Requested Council Action: —Motion to accept presentation. 8.Public Hearings a.Resolution Certifying Special Assessments for Utility Repairs to the Hennepin County Property Tax Rolls —City Council called for Public Hearing on February 12, 2018; notice was published in the official newspaper on February 22, 2018. Public Hearing was continued from March 12, 2018. Requested Council Action: —Motion to re-open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt Resolution. b.Resolution Authorizing the Assignment and Assumption of Obligations Under a Conduit Revenue Bond by Noble Academy DBA Nompeng Academy Project and Approving Related Documents —Notice was published in the official newspaper on March 8, 2018. 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. 2018-001, Submitted by Greg Hayes (Ebert Construction). Request for approval of: (1) the preliminary plat for Northbrook Center 3rd Addition, (2) establishment of a new Planned Unit CITY COUNCIL AGENDA -3- March 26, 2018 Development, and (3) site and building plan approval for a four story, 112,000- square foot indoor commercial storage building (located at 1950 57th Avenue North) —The Planning Commission voted unanimously (7-0) in favor of recommending approval of the Preliminary Plat, and 5-2 in favor of recommending the requested establishment of the Planned Unit Development and site and building plan at its March 15, 2018, meeting. Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2018-001, Submitted by Greg Hayes of Ebert Construction, Requesting Approval of the Preliminary Plat of Northbrook Center 3rd Addition (Located at 1950 57th Avenue North) Requested Council Action: —Motion to adopt resolution. 2. Resolution Regarding the Disposition of Planning Commission Application No. 2018-001, Submitted by Greg Hayes of Ebert Construction for Approval of a New Planned Unit Development with New Zoning Classification of PUD-C2 (Planned Unit Development - Commerce) & Development Site Plan for an Indoor Commercial Storage Building (Located at 1950 57th Avenue North) Requested Council Action: —Motion to adopt resolution. b. Planning Commission Application No. 2018-002, submitted by Tashitaa Tufaa (Mississippi Valley Properties, LLC). Request for approval of a site and building plan and issuance of a Special Use Permit for the establishment of an event center (located at 6440 James Circle North). —The Planning Commission voted unanimously (7-0) in favor of recommending approval of the application at its March 15, 2018, meeting. Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2018-002, Submitted by Tashitaa Tufaa of Mississippi Valley Properties, LLC., for Approval of a Site and Building Plan and Issuance of a Special Use Permit to Convert a Former Bowling Alley and Restaurant into an Event Center in the C2 (Commerce) District (Located at 6440 James Circle North) Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.1325 68thLnN 2.2932 69thLnN 3. 6613 Camden Dr CITY COUNCIL AGENDA 4- March 26, 2018 4.7200 Dallas Rd 5.2406 Ericon Dr 6.S8l9Knox Ave N 7.7025 Newton Ave N 8.6830 Scott Ave N 9.Resolution Approving a Type IV 6-Month Provisional Rental License for 5325 70th Cir 10.Resolution Approving a Type IV 6-Month Provisional Rental License for 6501 Brooklyn Dr 11.Resolution Approving a Type IV 6-Month Provisional Rental License for 5415 Emerson Ave N 12.Resolution Approving a Type IV 6-Month Provisional Rental License for 6342 Orchard Ave N 13.Resolution Approving a Type IV 6-Month Provisional Rental License for 6900 Regent Ave N 14. Resolution Approving a Type IV 6-Month Provisional Rental License for 4718 Twin Lake Ave 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. Approval of a Master Service Agreement for Completion of the 2040 Comprehensive Plan and Approval of a Resolution Requesting an Extension for the 2040 Comprehensive Plan Resolution to Approve a Master Services Agreement with Swanson Haskamp Consulting, LLC for Professional Services to Complete the 2040 Comprehensive Plan Requested Council Action: —Motion to adopt resolution. 2. Resolution Requesting Additional Time Within Which to Complete Comprehensive Plan Review Obligations Requested Council Action: —Motion to adopt resolution. 11, Council Report 12. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION March 26, 2018 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. ACTIVE DISCUSSION ITEMS 1. Off-Site Storage of Vehicles PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Naturally Occurring Affordable Housing Policy 2.City Council Code of Policies (10-9-17 Study Session Discussion) a. Section 2.93 Long-Term Deer Population Management Plan 3.Tobacco Purchase Age 21 (Brooklyn Youth Council) - June 4.Organic Composting and Native Bee Habitat (1-8-18 Study Session Discussion) - April 5. Median Safety Ordinance - April City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY/WORK SESSION MARCH 12,2018 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler and April Graves were present. Councilmembers Kris Lawrence-Anderson and Dan Ryan were absent and excused. Also present were Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Community Development Director Meg Beekman, City Attorney Troy Gilchrist, and Michaela Kujawa- Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS None. MISCELLANEOUS Set Time and Date for Meeting with Congressman Keith Ellison Mayor Willson stated Mr. Boganey provided a memo to the Councilmembers which offers two proposed options for the meeting with Congressman Keith Ellison. He asked which time is preferred by the Councilmembers and noted his preference would be to meet prior to the City Council Meeting. Councilmembers Graves and Butler agreed. Mayor Willson stated Deputy City Manager Reggie Edwards can move forward with scheduling Monday, March 26, at 5 p.m. Brooklyn Center Youth in Government Day Councilmember Graves asked if the City is planning on having Youth in Government day again this year. She stated she would really like to continue to have this great event. Mayor Willson stated he would like to have this event again and noted he will have staff look into it and update the Councilmembers once he has further information. Deputy City Manager Reggie Edwards provided a document for each Councilmember to fill in which dates of those provided works best to have their training on the iPads. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS EMERGENCY PRIVATE UTILITY REPAIR ASSESSMENT POLICY 03/12/18 -1- DRAFT Finance Director Nate Reinhardt provided background and a presentation on this item. Councilmember Graves asked if these water line issues are usually due to construction or are they random leaks. . He noted there are many different cases. Mr. Reinhardt stated it can be a pipe that bursts randomly or it could be something that builds until it breaks like a backed-up sewer. She asked if the property owner is held responsible for pipes connected to their home that are on public land. Mr. Reinhardt stated it depends if it is the service line or the main and on the issue that caused the problem. Councilmember Graves asked how the process works in a situation where a pipe bursts and they believe it to be a City-owned pipe. Mr. Reinhardt stated each situation is different but ideally the property owner would contact a plumber and then contact the City staff with the estimated costs involved. At that point if the City is covering the cost, the plumber would do the work and the City would pay them directly. Mr. Reinhardt stated the City provides a 10-year warranty on any work done by the City. Mayor Willson asked why the City would give a guarantee of 10 years on work completed by an outside company and noted normal warranties don't cover that long. He stated the concern is that tax payers are covering the costs for these repairs. City Attorney Troy Gilchrist provided clarification and read the policy, and stated the warranty only pertains to work that is done by the City, not outside companies. Mayor Willson stated that makes more sense. Mayor Willson stated Mr. Reinhardt has consensus from the City Council to move forward with the proposed policy changes. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:24 p.m. 03/12/18 -2- DRAFT 03/12/18 -1- 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 MARCH 12, 2018 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler and April Graves were present. Councilmembers Kris Lawrence-Anderson and Dan Ryan were absent and excused. Also present were Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Public Works Doran Cote, Community Development Director Meg Beekman, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Andrea Bayerl , 5729 Bryant Avenue North, addressed the City Council. She stated she wants to know how the City decides which telecommunication companies they contract with. She stated she works in telecommunications and knows the difference between premium channels and services and noted that she has to pay ten dollars through Comcast to watch PBS channels, which they list as premium channels but she noted they are not. She stated she would like the City Council to consider other companies when choosing contractors. Mayor Willson provided his business card to Ms. Bayerl and asked her to send him a summary of her concerns so it can be looked into by City staff. Councilmember Graves moved and Councilmember Butler seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson read a poem as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING 03/12/18 -2- The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler and April Graves were present. Councilmembers Kris Lawrence-Anderson and Dan Ryan were absent and excused. Also present were Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Public Works Doran Cote, Community Development Director Meg Beekman, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Butler moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, as amended, including the provided updated levy roll to be added to Agenda Item 8a and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. February 12, 2018 – Study/Work Session 2. February 12, 2018 – Regular Session 3. February 12, 2018 – Work Session 4. February 20, 2018 – Special Session 5. February 26, 2018 – Study Session 6. February 26, 2018 – Regular Session 6b. LICENSES MECHANICAL Amp's Future Inc. dba: Mr. Rooter Plumbing of the Twin Cities 5155 East River Road Ste 418, Fridley, MN 55421 Granite City Plumbing dba: Neighborhood Plumbing & Heating 130 Broadway Avenue N, Foley, MN 56329 Hertz Mechanical Inc. 19561 Vernon Street, Elk River, MN 55330 RTS Mechanical LLC 725 Tower Drive, Hamel, MN 55340 TOBACCO RELATED PRODUCT Premier Tobacco 6930 Brooklyn Blvd 03/12/18 -3- RENTAL INITIAL (TYPE II – two-year license) 4207 Lakeside Avenue #138 Patrick Hall RENEWAL (TYPE III – one-year license) Ryan Lake Apartments 3401-3413 47th Avenue North Donald Widell 5400-02 Russell Avenue North Tai Pham 3901 Burquest Lane Edwin Ngang 7045 Unity Avenue North Abideen Ajibola/AMAS Investments, LLC RENEWAL (TYPE II – two-year license) 6605 Camden Drive Calvin Johnson 5420 Fremont Ave N Ross Steven Herman 7049 Regent Avenue North Main Street Renewal LLC 6307 Scott Avenue North Kin Chew 3206 Thurber Road Mains’l Properties RENEWAL (TYPE I – three-year license) 7230 West River Road Nedim and Adisa Frilj 1807 70th Avenue North Rebecca Thomley 6c. RESOLUTION NO. 2018-44 ADOPTING A REQUEST FOR PROPOSALS FOR CUSTODY/TRUST BANKING SERVICES 6d. ANNUAL REPORT ON FRANCHISE FEES 6e. RESOLUTION NO. 2018-45 APPROVING AN AMENDMENT TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION BY-LAWS 6f. RESOLUTION NO. 2018-46 AUTHORIZING ACQUISITION OF EASMENTS FOR BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 1, PROJECT NO. 2018-05 6g. AN ORDINANCE RELATING TO ACTIVITIES WITHIN THE RIGHT- OF-WAY; AMENDING CITY ORDINANCE SECTION 25-1000 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS - None. 8. PUBLIC HEARINGS 03/12/18 -4- 8a. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS AND WEED REMOVAL COSTS 8a1. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS It was noted that as a 4/5ths vote was required to certify special assessments, the public hearings would be held tonight with action on the resolutions continued to the March 26, 2018, meeting. Community Development Director Meg Beekman introduced the item, discussed the history, and stated the purpose of the proposed special assessments for Diseased Tree Removal Costs and Weed Removal Costs. Councilmember Butler moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. Michael Stokes, 2900 Mumford Road, addressed the City Council. He stated he wasn’t aware he was able to speak to the City Council prior to this evening on this issue. He stated he had a tree trimmed in the spring and isn’t sure if it was diseased or not. Mayor Willson told him to contact Mr. Edwards to get more information on his situation. No one else appeared to address the City Council. Councilmember Graves moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Mayor Willson stated action on Resolution No. Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Property Tax Rolls is continued until the City Council meeting on March 26, 2018. 8a2. RESOLUTION NO. CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS Ms. Beekman introduced the item, discussed the history, and stated the purpose of the proposed special assessments for weed removal costs to the Hennepin County property tax rolls. Councilmember Graves moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. 03/12/18 -5- Councilmember Butler moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Mayor Willson stated action on Resolution Certifying Special Assessments for Weed Removal Costs to the Hennepin County Property Tax Rolls is continued until the City Council meeting on March 26, 2018. 8b. RESOLUTION NO. CERTIFYING SPECIAL ASSESSMENTS FOR UTLITY REPAIRS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS Finance Director Nate Reinhardt introduced the item, discussed the history, and stated the purpose of the proposed special assessments for utility repairs to the Hennepin County property tax rolls. Councilmember Graves moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. Timothy Cornell, 3815 Burquest Lane, addressed the City Council. He stated he wasn’t told there was work to be done but one day just saw people in his yard doing work. He stated they informed him it was not his responsibility. Mayor Willson stated action on this item will be continued until the March 26, 2018, City Council meeting and stated Mr. Cornell should contact Mr. Edwards about this and he will help him with an appeal. Councilmember Butler moved and Councilmember Graves seconded to continue the Public Hearing. Motion passed unanimously. Mayor Willson stated action on Resolution Certifying Special Assessments for Utility Repairs to the Hennepin County Property Tax Rolls is continued until the City Council meeting on March 26, 2018. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. 03/12/18 -6- Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight’s meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items 10a1 through 10a8. 10a1. 3141 49TH AVENUE NORTH 10a2. 5357 COLFAX AVENUE NORTH 10a3. RESOULTION NO. 2018-47 APPROVING IV RENTAL LICENSE FOR 3000 62ND AVENUE NORTH 10a4. RESOLUTION NO. 2018-48 APPROVING A TYPE IV RENTAL LICENSE FOR 6336 BEARD AVENUE NORTH 10a5. RESOLUTION NO. 2018-49 APPROVING A TYPE IV RENTAL LICENSE FOR 5025 DREW AVENUE NORTH 10a6. RESOLUTION NO. 2018-50 APPROVING A TYPE IV RENTAL LICENSE FOR 6642 DUPONT AVENUE NORTH 10a7. RESOLUTION NO. 2018-51 APPROVING A TYPE IV RENTAL LICENSE FOR 4906 HOWE LANE 10a8. RESOLUTION NO. 2018-52 APPROVING A TYPE IV RENTAL LICENSE FOR 2913 NASH ROAD 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: 3141 49TH Avenue North; 5357 Colfax Avenue North; and adopt RESOLUTION NO. 2018-47 Approving a Type IV Rental License for 3000 62nd Avenue North; RESOLUTION NO. 2018-48 Approving a Type IV Rental License for 6336 Beard Avenue North; RESOLUTION NO. 2018-49 Approving a Type IV Rental License for 5025 Drew Avenue North; RESOLUTION NO. 2018-50 Approving a Type IV Rental License for 6642 Dupont Avenue North; RESOLUTION NO. 2018-51 Approving a Type IV Rental License for 4906 Howe Lane; and, RESOLUTION NO. 2018-52 Approving a Type IV Rental License for 2913 Nash Road, 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. 10b. MAYORAL APPOINTMENT OF MEMBERS TO SERVE ON THE HOUSING COMMISSION Councilmember Butler moved and Councilmember Graves seconded to ratify the Mayoral appointment of Paul Oman and Michael Stokes to the Housing Commission with a term to expire December 31, 2018. Motion passed unanimously. 10c. MAYORAL APPOINTMENT TO SERVE ON SISTER CITIES COMMISSION Councilmember Graves moved and Councilmember Butler seconded to ratify the Mayoral appointment of the following to serve on Sister Cities Commission: 03/12/18 -7- Sheku Samba with a term to expire December 31, 2018 Jacob Saffert with a term to expire December 31, 2019 Tashawana Williams with a term to expire December 31, 2020 Anthony Ochoada with a term to expire December 31, 2021 Issa Mansaray with a term to expire December 31, 2022 Motion passed unanimously. 11. COUNCIL REPORT Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • February 27, 2018: Black History Month Celebration and Presentation at CEAP • February 28, 2018: State of Youth Homelessness Panel hosted by Brooklyn Avenues of Youth • March 1, 2018: Conference at Brooklyn Center High School • March 8, 2018: Sanctuary Ribbon Cutting Ceremony • March 8, 2018: Northside Council • March 9, 2018: YIPA Meeting Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • February 27, 2018: Black History Month Celebration and Presentation at CEAP • March 8, 2018: Sanctuary Ribbon Cutting Ceremony • March 10, 2018: Meeting at Islamic Community Center Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • February 27, 2018: Black History Month Celebration and Presentation at CEAP • March 9, 2018: Meeting with City Manager Curt Boganey 12. ADJOURNMENT Councilmember Graves moved and Councilmember Butler seconded adjournment of the City Council meeting at 7:34 p.m. Motion passed unanimously. City Council Agenda Item No. 6b [I[I1IJ[SJ I flI M'A I'A I 1k'A (I) 7'WI UIJ I DATE: March 20, 2018 TO: Curt Boganey, City Mai THROUGH: Reggie Edwards, Deputy City Manager FROM: Rozlyn Tousignant, Deputy City Clerk<\ SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on March 26, 2018. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. LIQUOR - ON-SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIQUOR Bryant Wings LLC dba Wingstop 1180 Shingle Creek Crossing, Suite Gi 12 MECHANICAL 3-D Heating & AC All American Heating & Air Inc Condor Fireplace & Stone McQuillan Bros Plumbing, Heating & AC LLC WJW Company DBA Twin City Heating and Air RENTAL See attached report. 206 Jefferson Ave N, Watertown 3600 72nd Ave N, Brooklyn Center 8282 Arthur St NE, Spring Lake Park 1711 Highway 36, St. Paul, MN 2713 91st Crescent, Brooklyn Park TRANSIENT ACCOMODATIONS - LEVEL I Super 8 Motel 6445 James Cir N Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. Iris a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment [Ei1IJ[iJ I fl I I 3k'4 IhYA I lL'A 0] 1I I1IJ I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 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 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3±uiiits Greater than L5 but not more than 3 Type IV —6 Months 1-2 units Greater than 8 License - Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 34 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 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Our Vision: We envision Brooklyn Center as a thriving, diverse COmInUni4i with a full range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** The Sanctuary of Brooklyn Center 6121 Brooklyn Blvd 1 Bldg 158 Units Initial Sylvia McGee Gardant Management Solutions 0 I N/A II 5306 Penn Ave N Single Family Initial Sergey Fooks 1 I N/A II Gateway Commons 2802 Northway Dr 21 Bldgs 252 Units Renewal Gary Brummer 231 (.92/Unit)II 0 II I 2401-03 54th Ave N Two Family (2)Renewal Karboy Properties LLC 1 I 0 I III 1600 69th Ave N Single Family Renewal Vo Hieu 0 I 0 I II 6106 Aldrich Ave N Single Family Renewal Main Street Renewal LLC 3 II 0 II IV 2023 Brookview Dr Single Family Renewal RHA 3, LLC 5 III 0 III IV 5200 Drew Ave N Single Family Renewal Morris Matthews (Missing 2 ARM Meetings)1 I 0 III III 7215 Girard Ave N Single Family Renewal Rebecca Thomley 0 I 0 I I 7100 Indiana Ave N Single Family Renewal John Wright 0 I 0 I II 5530 James Ave N Single Family Renewal Ross Herman 0 I 0 I IV 6018 Kyle Ave N Single Family Renewal Danny Vo 0 I 0 I I 5300 Logan Ave N Single Family Renewal Benjamin Antony 0 I 0 I IV 7224 Logan Ave N Single Family Renewal Douglas Schmertman (Missing Cpted)5 III 0 III III 5406 Sailor La Single Family Renewal James Waters 6 III 0 III IV 7207 Willow La N Single Family Renewal Arl Woods 4 II 0 II II 6006 Zenith Ave N Single Family Renewal Keith McConnell 4 II 0 II IV * 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 March 26, 2018 City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Mana FROM: Meg Beekman, Community Development Director SUBJECT: A Resolution approving Special Assessments for Diseased Tree Removal Costs Recommendation: It is recommended that the City Council consider approval of the attached resolution certifying special assessments for Diseased Tree Removal Costs. Background: Two Public Hearings are scheduled were held at the March 12, 2018 to consider certification of proposed special assessments. As a result of there being three council members the City Council was unable to vote on an assessment. Therefore, this action is being brought back for approval. There were no appeals and the public hearing is closed. The City Council called for a March 12, 2018 Public Hearing at its February 12, 2018 meeting. All potentially affected property owners have been notified by certified mail of the date of the Public Hearing and the amount of the proposed special assessments. As of March 5, 2018, no formal appeals have been made to City staff since the February 12, 2018 Council meeting. The following is a brief summary of the minimum process involved in City-facilitated abatements. • A written Compliance Notice is provided to the owner of record. In addition to notifying the owner of record, in certain cases, properties may be posted or other responsible parties may be notified. • A follow up inspection is conducted to verify compliance. • If compliance is not achieved, the City will take corrective actions to remove the public nuisance or hazard. In certain cases, the property owner may provide written agreement to a City-facilitated abatement. • The City bills the owner of record for the portion of costs the City has incurred directly related to the abatement action. A service charge is applied to help recover city costs associated with the entire abatement process- inspections, notifications, invoicing, administrative systems, etc. • The direct costs of the abatement are recorded as pending special assessments and this information is available to the public. When a property is sold, agencies or parties often conduct property searches to determine the pending and levied special assessment amounts. Payments of any pending or levied special assessment should be determined by Our Vision: We envision Brooklyn ('enter as a thriving, diverse community with afull range of housing, business, cultural (111(1 recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment COUNCIL ITEM MEMORANDUM the sellers and buyers as part of the sales transactions. Payment Options available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following options: 1.Pay the entire amount of the special assessment, without interest by April 12, 2018. 2.After April 12, 2018 through November 21, 2018, the property owner may pay the total special assessment plus accumulated interest (4 percent) through the date of payment. 3. If payments are made with property taxes, the first payment will be due with taxes in 2019. The total principal will be payable in annual installments for the period stated on the levy roll and as indicated below. Interest of 4 percent is accrued on the unpaid balance. Diseased Tree Removal Costs Five Year Partial prepayments (such as paying half now and certifying the balance) are not allowed under current assessment policy. Budget Issues: The levy roll for diseased tree removal costs totals $9,249. However, the list will be updated as appropriate for the Council Meeting reflecting payments made by March 16, 2018. Attachment: Resolutions- Diseased Tree Removal List of Levied Properties- The list will be updated for the Council Meeting based on payments made by March 26, 2018. Strategic Priorities: . Resident Economic Stability Our Vision: e envision Brooklyn Centev as a thriving, diverse connnunitV ii ith afull range of housing business, cultural and recreational ojfrings. Ills a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused the removal of trees on certain properties within the City during 2017 under the authority of Minnesota Statutes, Section 18G.13, City Ordinance Section 20-301 through 20-306 and/or by written agreement with the owners of such property; and WHEREAS, on March 12, 2018, certain tree removal costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts during 2017, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where tree removal costs are to be assessed, together with the amounts proposed to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent tree removal costs to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for tree removal costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of tree removal costs incurred during the year 2017 is hereby adopted and certified as Levy No. 19782. 2.The special assessments as adopted and confirmed shall be payable in equal annual installments with interest thereon at 4 percent per annum, extending over a period of five years. The first of the installments shall be payable with ad valorem taxes in 2019, and shall bear interest on the entire assessment from April 12, 2018 through December 31, 2019. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City; without interest, if the entire assessment is paid on or before April 12, 2018. After April 12, 2018, he or she may pay the total special assessment, plus interest. Interest will accumulate from April 12, I4[S)tBJ(IAI[i] 2018 through the date of payment. Such payment must be made by the close of business November 22, 2018 or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. March 26, 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: whereon said resolution was declared duly passed and adopted. Amended Special Assessment Certified Roll (Trees) 2017 Tree Removal Printed March 16, 2018 Municipal Code No, 22 Levy ?o.Pi'oprtv Addres s 19782 6001 Camden Ave N 19782 5405 Fremont Ave N 19782 5137 living AveN 19782 401958thAveN 19782 3524 53dAveN 19782 6401 MajoAveN 19782 2741 Freeway Blvd 19782 2S0lNashRd Levy Runs Five Years Capital Special Pending Interest Assessment Amount Property ID Antount Charge char-0 e Certified 01-118-21-21-00<59 35000 3000 30.00 410.00 01-118-21-33-0041 2,350.00 30.00 30.00 2,410.00 02-118-21-14-0058 685.00 30.00 30.00 14500 03-118-21-24-0012 1,150.00 30.00 30.00 1,210.00 03-118-21-43-0055 725.00 30.00 30.00 785.00 34419.21-32-0024 499.00 30.00 30.00 559.00 35.119-21-23-0037 160.00 30.00 30.00 220.00 35-119.21.33.0036 2,850.00 30.00 30.00 2,910.00 Total:9;249.00 City Council Agenda Item No. 64 COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Mana?J FROM: Meg Beekman, Community Development Director SUBJECT: A Resolution approving Special Assessments for Weed Removal Costs Recommendation: It is recommended that the City Council consider approval of the attached resolution certifying special assessments for weed removal costs. Background: Two Public Hearings are scheduled were held at the March 12, 2018 to consider certification of proposed special assessments. As a result of there being three council members the City Council was unable to vote on an assessment. Therefore, this action is being brought back for approval. There were no appeals and the public hearing is closed. The City Council called for a March 12, 2018 Public Hearing at its February 12, 2018 meeting. All potentially affected property owners have been notified by certified mail of the date of the Public Hearing and the amount of the proposed special assessments. As of March 5, 2018, no formal appeals have been made to City staff since the February 12, 2018 Council meeting. The following is a brief summary of the minimum process involved in City-facilitated abatements. • A written Compliance Notice is provided to the owner of record. In addition to notifying the owner of record, in certain cases, properties may be posted or other responsible parties may be notified. • A follow up inspection is conducted to verify compliance. • If compliance is not achieved, the City will take corrective actions to remove the public nuisance or hazard. In certain cases, the property owner may provide written agreement to a City-facilitated abatement. • The City bills the owner of record for the portion of costs the City has incurred directly related to the abatement action. A service charge is applied to help recover city costs associated with the entire abatement process- inspections, notifications, invoicing, administrative systems, etc. • The direct costs of the abatement are recorded as pending special assessments and this information is available to the public. When a property is sold, agencies or parties often conduct property searches to determine the pending and levied special assessment amounts. Payments of any pending or levied special assessment should be determined by Our Vision: TVe envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment COUNCIL ITEM MEMORANDUM the sellers and buyers as part of the sales transactions. Payment Options available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following options: 1.Pay the entire amount of the special assessment, without interest by April 12, 2018. 2.After April 12, 2018 through November 21, 2018, the property owner may pay the total special assessment plus accumulated interest (4 percent) through the date of payment. 3. If payments are made with property taxes, the first payment will be due with taxes in 2019. The total principal will be payable in annual installments for the period stated on the levy roll and as indicated below. Interest of 4 percent is accrued on the unpaid balance. Weed Removal Costs One Year Partial prepayments (such as paying half now and certifying the balance) are not allowed under current assessment policy. Budget Issues: The levy roll for weed removal costs totals $9,137.50. However, the list will be updated as appropriate for the Council Meeting reflecting payments made by March 26, 2018. Attachment: Resolutions- Weed Removal Costs List of Levied Properties- The list will be updated for the Council Meeting based on payments made by March 26, 2018. Strategic Priorities: . Resident Economic Stability Our Vision: We envision Brooklyn Center as a thriving, diverse community with audi range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused noxious weeds and tall grass to be cut down on properties within the City under the authority of Minnesota Statutes Section 18.78 and City Ordinance Section 19-1601 through 19-1604; and WHEREAS, on March 12, 2018, certain weed destruction accounts for removal of said weeds and tall grass costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from 2017, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where unpaid weed destruction account costs are to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent weed destruction accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for weed destruction costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of unpaid weed destruction accounts incurred during the year 2017 is hereby adopted and certified as Levy No. 19783. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2019, in one annual installment with interest thereon at 4 percent per annum and shall bear interest on the entire assessment from April 12, 2018 through December 31, 2019. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before April 12, 2018. After April 12, 2018, he or she may pay the total special assessment, plus interest. Interest will accumulate from April 12, 2018 through the date of payment. Such payment must be made by the close of business November 22, 2018 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. March 26, 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: whereon said resolution was declared duly passed and adopted. Amended Special Assessment Certified Roll (Grass/Weeds) 2017 Weed Destruction Printed March 19, 2018 Municipal Code No. 22 Levy Runs One Year Capital Special Pe ji dbig Interest Aaenment A.rnpuii Lew No.Propertv Address Propertvlfl Amount Charge Charge Certified 19783 5919CantdenAveN 01-118-21-21-0004 99335 1000 30.00 1,03335 19783 6028FremontAveN 01-11 S-21-22-0058 513.75 10.00 30.00 553.75 19783 5415 DupomAreN 01.11S.21-33.00SO 480.00 10.00 30.00 520.00 19783 5355ErnermonAveN 01-118-21.33-0111 720.00 10.00 30.00 760.00 19783 5350CamdenAveN 01-118-21-43-0082 251.25 10.00 30.00 29115 19783 3906EckbergDr 03-118-21-31-0065 240.00 10.00 30,00 280.00 19783 6SO6Peny Ave N 33.119-21-11-0035 1,200.00 10.00 30,00 1,240.00 19783 323065thAveN 33-119-21-13-0046 240.00 10.00 30.00 280.00 19783 6301 OrchardAveN 33.119-2141-0046 240.00 10,00 30.00 280.00 19783 321967thAveN 34-119.21.14-0023 262.50 10.00 30.00 302.50 19783 6407 MarlinD 34-119.21-31-0072 787.50 10.00 30,00 827,50 19783 4007JanetLa 34-119-21-34-0027 720.00 10.00 30.00 760.00 19783 6206ChowenAveN 34-119.21-43-0027 262.50 10.00 30.00 302.50 19783 3206MumfordRd 34.119-21.44.0025 810.00 10.00 30.00 850.00 19783 3300 Lawrence Rd 34-119.21.44-0091 491.25 10.00 30.00 531.25 19783 6l30 Emerson Ave N 36.119.21-33.0030 285.00 10.00 30.00 325.00 Total:9137.50 City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Mana' FROM: Nathan Reinhardt, Finance Director M2. SUBJECT: Meeting Schedule for 2019-2020 Budget Recommendation: It is recommended that the City Council consider a motion approving the following budget planning and approval dates. The schedule includes joint work session meetings with the Financial Commission. Background: These meetings will be held to discuss the development of the budget document for the 2019 fiscal year with projections for the 2020 fiscal year. The meetings are all to be held at 6:30 PM on Mondays (unless otherwise noted) in the City Council Chambers at City Hall. It is requested that the Council approve placement of these dates on the official calendar of Council meetings. Monday, December 3, 2018 has been reserved for a public hearing on the proposed budget and levy. The intention is to schedule this meeting as a special meeting which will allow City Council to approve the proposed budget and levy following the public hearing. Date June 4, 2018 July 16, 2018 July 30, 2018 August 8, 2018 August 20, 2018 September 17, 2018 October 15, 2018 October 29, 2018 December 3, 2018 Topic CAFR Presentation and Auditor's Report Capital Improvement Plan, Capital Project Funds 2019 Budget Overview General Fund - Department Requests (Wednesday) General Fund - Department Requests Recommended Preliminary Levy Special Revenue Funds, Debt Service Funds, Internal Service Funds Utility/Enterprise Funds and Rates Public Hearing & Proposed Adoption of Budget and Levy (7:00pm) Attached is a listing of the dates and topics for City Council actions on the 2019/20 Budget. Strategic Priorities: Safe, Secure, Stable Community Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. Iris a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment City Council and Financial Commission Budget Schedule for 2019-2020 June 4, 2018 Monday Work Session CAFR Presentation and Auditors Report July 16, 2018 Monday Work Session Capital Improvement Plan and Capital Project Funds July 30, 2018 Monday Work Session 2019 Budget Overview August 8, 2018 Wednesday Work Session General Fund - Department Requests August 20, 2018 Monday Work Session General Fund - Department Requests September 17, 2018 Monday Work Session General Fund - Recommended Preliminary Levy September 24, 2018 Monday Regular City Council Meeting Proposed adoption of preliminary levy and preliminary governmental funds budgets October 15, 2018 Monday Work Session Special Revenue Funds, Debt Service Funds Internal Service Funds October 29, 2018 Monday Work Session Utility/Enterprise Funds November 26, 2018 Monday Regular City Council Meeting Proposed adoption of the 2019 pay plan, 2019 cafeteria contribution and 2019 utility rates December 3, 2018 Monday Special City Council Meeting Public hearing on the recommended budget and levy followed by proposed adoption of final tax levies and budgets City Council Agenda Item No. 6f COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Man63 FROM: Nathan Reinhardt, Finance Director SUBJECT: Resolution Adopting Emergency Private Utility Repair Assessment Policy Recommendation: It is recommended that the City Council consider approving the attached resolution adopting emergency private utility repair assessment policy. Background: The purpose of the emergency private utility service repair assessment policy is to provide assistance to Brooklyn Center residents who are facing unexpected financial burden of a needed exterior private utility repair (sewer or water line repair from the main, including curb stop, to the principle structure on the property). The program to assist eligible homeowners with the costs of these repairs will be funded through the City Sanitary Sewer and Water Utility Funds. The program will provide a minimum of $500 and a maximum of $10,000 for a homeowner to complete the eligible private exterior repair. Homeowners have expressed concerns about being able to afford these repairs, this program will allow them to spread the payments evenly over a five year period. Homeowners will enter into a contract with a private contractor for repair work. The contract must be approved by the City in advance. When the work is completed the homeowner will submit the invoice from the contractor to the City and enter into a special assessment agreement. Homeowners must be current on all property taxes and utility payments. Utility service line connections to the main line and curb stops are replaced with neighborhood reconstruction projects. On these projects the City hired contractor provides a warranty that covers the connections to the main and curb stop repairs for one to two years. The City's practice is to cover curb stop repairs after that contractor warranty period for up to ten years from the date of replacement. This practice has been formalized and also included in the proposed policy. If approved the policy will be added to the City Council Code of Policies Section II - General Policies as 2.33 Emergency Private Utility Repair Assessment Policy. Attachments: Ordinance sections regarding utility service lines, special assessment agreement Budget Issues: The City is in the process of assessing eleven properties for utility service line repairs that occurred in 2017 for a total amount of $44,719.15. The number of utility service line repairs Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. Itis a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment I[I1SJ(SJ I U I k'4 L"4 I ak'A (IJ 1II P1IJk'A I increased significantly over previous years. If the homeowner elects to participate in the program, the City will recover the costs of these repairs through assessments over a five year period. The assessment will include a certification fee and interest as determined by the City's special assessment policy. Strategic Priorities: Safe, Secure, Stable Community Our Vision: We envision Brooklyn center as a thriving, diverse community with a/oil range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING AN EMERGENCY PRIVATE UTILITY SERVICE REPAIR ASSESSMENT POLICY WHEREAS, the City Council of the City of Brooklyn Center has adopted Utility Policies as part of the City Council Code of Policies; and WHEREAS, the City Council has reviewed the proposed Emergency Private Utility Service Repair Assessment Policy attached hereto as Exhibit 1 ("Policy") that provides an opportunity for property owners to seek assistance from the City to make emergency repairs on utility service lines located on their property and to have the costs of those repairs repaid through a special assessment imposed on their property; and WHEREAS, the City Council determines the proposed Policy and its implementation through the execution of special assessment agreements furthers the protection of the public health, safety, and welfare and is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1.The Utility Policies Section 2.33 Emergency Private Utility Service Repair Assessment Policy attached hereto as Exhibit 1 is hereby adopted and shall be incorporated into the Code of Policies. 2.The Mayor and the City Manager are authorized to execute such special assessment agreements and to take such other actions as may be needed to implement the Policy and to recover the City's costs. March _26,_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. Emergency Private Utility Service Repair Assessment Policy The purpose of this Emergency Private Utility Service Repair Assessment Policy ("Policy") is to provide assistance to Brooklyn Center residents who are facing unexpected financial burden of a needed exterior private utility repair (i.e., sewer or water line repair from the main, including the curb stop to the principle structure on the property). The program to assist eligible homeowners with the costs of these repairs will be funded through the City Sanitary Sewer and Water Utility Funds. The program will provide a minimum of $500 and a maximum of $10,000 for an eligible homeowner to complete the eligible private exterior repair. The City then recovers the amount it pays for the repair through a special assessment imposed on the homeowner's property. The City shall be responsible for corrective work needed on prior utility service line repairs performed by a contractor hired by the City for a period of ten years from completion of the repair work. The City's responsibility shall be limited to repairs related to the workmanship of the original repair work as determined by the City and does not include any other repair work that may be needed. This responsibility does not apply to work performed by a contractor hired by a homeowner pursuant to this Policy. Eli g ibility Requirements Eligible Homeowner —The homeowner must be current on all property taxes and utility payments to be eligible to participate in program offered pursuant to this Policy. If any of these payments are delinquent, they must be made current before the homeowner can be approved for funding. Eligible Dwelling - Only owner-occupied homes in the City of Brooklyn Center are eligible. Eligible Repairs - Emergency exterior private utility repairs between $500 and $10,000 in situations where a condition requiring immediate and urgent attention, which threatens or imperils the health and/or safety of the homeowner's dwelling, such as a repair or replacement of a failed sewer or water line. Repair The homeowner shall enter into a contract with a private contractor to perform the repair work. The contract must be approved in advance by the City. When the work has been completed, the homeowner shall receive an invoice from the contractor. The homeowner must submit the contractor's invoice to the City together with a signed and notarized special assessment agreement in the form provided by the City. Special Assessment The City will pay the contractor's invoice and assess, pursuant to the assessment agreement, the costs of the repair on the homeowner's property over a period of five years at the interest rate determined by City's special assessment interest policy. The City shall add a certification fee and any other applicable administrative costs to the amount assessed. The homeowner must agree, as part of the assessment agreement, to the assessment and to waive any and all procedural and substantive objections to the improvement and special assessment, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the property. The property owner also waives any appeal rights otherwise available pursuant to Minnesota Statutes, section 429.081. This space reserved for recording purposes IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT This Special Assessment Agreement ("Agreement") is made this day of ______,by and between the City of Brooklyn Center, a Minnesota municipal corporation ("City") and ,(collectively, the "Property Owner"). RECITALS A.The Property Owner is the owner of property in the City of Brooklyn Center, County of Hennepin, State of Minnesota, located at and legally described in the attached Exhibit A ("Subject Property"). B.The Property Owner has requested the repair of a service line on the Subject Property ("Improvement"). C.The City has an Emergency Private Utility Service Repair Assessment Policy ("Policy") that sets out the terms and conditions under which the City will assist owners to pay for the costs of utility repairs such as the Improvement and to recover its costs through a special assessment imposed on the affected property. D.The Property Owner has requested that the City pay the costs of the Improvement and specially assess those costs against the Subject Property in accordance with the Policy and the terms and conditions of this Agreement. AGREEMENT In consideration of the mutual covenants and conditions set forth in this Agreement, the City and the Property Owner hereby agree as follows: 1.RECITALS. The recitals are true and correct and are, together with the exhibit and the Policy, incorporated into and made part of this Agreement. 2.IMPROVEMENT. The Property Owner is responsible for selecting a private contractor to construct the Improvement. The Property Owner shall not enter into a contract with a private contractor for the Improvement until it is first reviewed and approved by the City. The City is not a party to that contract, is not directly responsible to the private contractor under the contract, and is not responsible to the Property Owner for the quality of the work or performance of the private contractor. When work on the Improvement is completed, the Property Owner is responsible for obtaining an invoice for the work from the private contractor and for immediately forwarding it to the City. 3.SPECIAL ASSESSMENT. The total estimated cost of the Improvement is $ . The City will review the invoice upon receipt and, if it appears to be in order, the City will pay the actual amount of the invoice ("Improvement Cost") in accordance with the Policy. The Property Owner requests and consents to the City specially assessing the Improvement Cost, plus the City's administrative fees, (collectively, the "Special Assessment") against the Subject Property. The City shall provide the Property Owner written notice of the total amount of the Special Assessment. The Special Assessment imposed on the Subject Property shall be spread over five (5) years at an interest rate of% per year on the unpaid balance. The first installment shall be due and payable with taxes payable in The Property Owner waives any and all procedural and substantive objections to the Improvement and the Special Assessment including, but not limited to, any requirements of Minnesota Statutes, Chapter 429 with respect to the adoption or levying of the Special Assessment to the extent those requirements are not met and any claim that the Special Assessment exceeds the benefit to Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minnesota Statute, section 429.08 1. 4.BINDING EFFECT; RECORDING. The covenants, waivers, and agreements contained in this Agreement shall run with the Subject Property shall be binding upon the Property Owner and the Property Owner's successors, heirs, and assigns. This Agreement may be recorded against the title to the Subject Property. 5. ENFORCEMENT. In the event that the Property Owner violates any of the covenants or agreements contained in this Agreement required to be performed by Owner, the City shall have the option to commence an action for specific performance requiring the Property Owner's full and faithful performance hereunder, and the Property Owner agrees that the City shall be entitled to its administrative costs, court costs, and reasonable attorneys' fees in connection with said action provided the City is successful. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date and year first written above. PROPERTY OWNER By: By: STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of _______,by NOTARY PUBLIC CITY OF BROOKLYN CENTER By: Tim Willson, Mayor By: Curt Boganey, City Manager STATE OF MINNESOTA COUNTY OF HBNNEPIN The foregoing instrument was acknowledged before me this day of by Tim Willson and by Curt Boganey, respectively the Mayor and City Manager of the City of Brooklyn Center, a Minnesota corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC This document drafted by: Kennedy & Graven, Chartered (TJG) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 612-337-9300 EXHIBIT A Legal Description of the Subject Property CHAPTER 4— PUBLIC UTILITY AND SERVICE DISTRICTS Section 4-20 1. WATER CONNECTION PROCEDURES AND REGULATIONS. Subdivision 1. Permit Application. Any property owner desiring a permit to connect a dwelling or other building to the public water system of the City of Brooklyn Center shall apply therefor, through a licensed plumber, at the City community development department. Subdivision 2. Payment of Connection Charge. Prior to issuance of a connection permit the applicant shall be required to pay the connection charge in full. Subdivision 3. Connection Requirements. No water service line between the curb, stop and the plumbing system of any dwelling or other building to be served shall be constructed until a licensed plumber has obtained a connection permit from the planning and inspection department and a water meter from the public utilities division. The adopted permit fee shall be paid to the city general fund as payment for inspection services. In constructing water service lines plumbers shall adhere to standards regarding location, size, grade, materials and workmanship as determined by the public works director. It shall be unlawful to cover the water service line until inspected by a representative of the planning and inspection department. A water meter shall be installed prior to connecting the water service line to the premises' system for consumption by the customer. Subdivision 7. Service Line Responsibility. The cost of installing all water supply plumbing units, including fixtures, outlets, valves, and the supply lines between the building and the curb stop, shall be borne wholly by the property owner and such plumbing shall be subject to reasonable inspections by representatives of the City community developmentepartment. After the initial connection to the curb stop, the property owner shall thereafter be liable for all repair or grade adjustments to his water service line between the street main and the building being served. The public utilities division supervisor shall have final authority in determining when such repairs or grade adjustments are necessary. The supervisor shall give written notice to the property owner of the necessity for repairs or adjustments and the time within which they must be completed. Section 4-205. WATER SERVICE LINE REPAIR PROCEDURES AND REGULATIONS. Subdivision 1. Permit Application. Any property owner, before proceeding with repair or adjustment of a water service line to a dwelling or building from the public water system of the City of Brooklyn Center, pursuant to Section 4-201(7) of this ordinance, shall secure a permit therefor, through a licensed plumber, at the City community development department. Subdivision 2. Repair Requirements, No water service line between the street main and the building being served shall be repaired or adjusted until a licensed plumber has obtained a repair permit from the City planning and inspection department. Any adopted permit fee shall be paid to the City general fund as payment for inspection services. City of Brooklyn Center 4-1 City Ordinance In repairing said water service line the plumber shall adhere to standards of workmanship and repair procedures as determined by the public works director. It shall be unlawful to cover the water service line until inspected by a representative of the planning and inspection department. Section 4-301. CONNECTIONS TO SEWER REQUIRED. Every dwelling building or other structure in which plumbing exists or is to be installed shall be connected with the City sanitary sewer system whenever such system is available as determined by the director of public works. Connections shall be made within one year after the City sanitary sewer system is madeavailable. All buildings' liquid waste systems shall be connected to the City sanitary sewer. Where no sanitary sewer is available the onsite system shall be approved by the health authority utilizing the criteria specified in MPCA-WPC 40, Individual Onsite Sewage System. Section 4-3 02.REGULATIONS. SANITARY SEWER CONNECTION PROCEDURES AND Subdivision 1. Permit Application. Any property owner desiring a permit to connect to dwelling or other building to the sanitary sewer system of the City of Brooklyn Center shall apply therefor, through a licensed plumber, at the City community development department. Subdivision 2. Payment of Connection Charge. Prior to issuance of a connection permit the applicant shall be required to pay connection charge in full. Subdivision 3. Connection Requirements. No sanitary service line between the sewer main and the waste system of any dwelling or other building to be served shall be constructed until a licensed plumber has obtained a connection permit from the planning and inspection department. The adopted permit fee shall be paid to the City general fund as payment for inspection services. In constructing said sanitary sewer service line, the plumber shall adhere to standards regarding location, size, grade, materials and workmanship as determined by the public works director. It shall be unlawful to cover the sanitary sewer service line until an inspection has been completed to insure that a proper and suitable connection has been made. ----Subdivision 4. Service Line Responsibility. The cost of installing the sanitary sewer service line between the building and the main service stub shall be borne wholly by the property owner. After the initial connection to the main service stub the property owner shall thereafter be liable for all maintenance and repairs to his sewer service line between the street main and the building being served. The City shall reserve the right, upon determination of the public works director, to require that the owner of any connected premise other than single and multiple family dwellings shall install, at the property owner's expense, a water meter on a respective privatewater supply. City of Brooklyn Center 4-2 City Ordinance Section 4-305. SEWER SERVICE LINE REPAIR PROCEDURES ANDREGULATIONS. Subdivision 1. Permit Application. Any property owner, before proceeding with repair or adjustment of a sanitary sewer service line to a dwelling or building from the public sewer system of the City of Brooklyn Center, pursuant to Section 4-302 (4) of this ordinance shall secure a permit therefor, through a licensed plumber, at the City community development department. Subdivision 2. Repair Requirements. No sanitary sewer service line between the street main and the building being served shall be repaired or adjusted until a licensed plumber has obtained a repair permit from the City planning and inspection department. Any adopted permit fee shall be paid to the City general fund as payment for inspection services. In repairing said sanitary sewer service line the plumber shall adhere to standards of workmanship and repair procedures as determined by the public works director. It shall be unlawful to cover the sanitary sewer service line until inspected by a representative of the planning and inspection department. City of Brooklyn Center 4-3 City Ordinance City Council Agenda Item No. 6g COUNCIL ITEM MEMORANDUM DATE: March 20, 2018 TO: Curt Boganey, City Mana 4^ THROUGH: T366 M. Cote, P.E., Director of Public Works FROM: Mike Albers, P.E., City Engineer SUBJECT: Resolution Establishing Improvement Project No. 2018-08, Belivue Area Mill and Overlay Recommendation: It is recommended that the City Council consider approval of the resolution establishing Improvement Project No. 2018-08, Belivue Area Mill and Overlay. Background: In accordance with the City's Capital Improvements Plan (CIP), the area referred to as the Bellvue Area has been programmed for improvements in 2018. The Beilvue project area extends from Dupont Avenue to 0h Street and from 53rd Avenue to 55th Avenue. The project area also includes 55l Avenue from James Avenue to 4t1' Street (see attached location map). The Belivue Area Mill and Overlay project consists of approximately 10,850 linear feet of roadway length. This roadway was reconstructed in 1998. The area consists of approximately 165 residential properties, six multi-family properties, one church property and two commercial properties. The CIP calls for the roadway to be improved with a 2-inch mill and overlay of the pavement surface with minor concrete curb and gutter replacements, minor sidewalk replacements and minor utility repairs. Dupont Avenue is designated as a Municipal State Aid (MSA) Route. The funding for the project is through a variety of sources as described in the CIP which are anticipated to include special assessments, street reconstruction funds, utility funds and Municipal State Aid revenues. Typically, in order for a project to be completed within a specified calendar year, preliminary design must commence in advance of the project. This includes initiation of the public notification and participation process that consists of informing affected property owners; conducting field surveys; at least one public informational meeting and an extensive amount of information and data collection. Initial design also includes detailed technical engineering work, underground infrastructure inspections, assessments and soil/geotechnical investigations. At this time, staff requests that the City Council establish this 2018 street improvement project so investigative and engineering work may begin. Upon authorization by the City Council, the following actions would take place: Our Vision: JVe envision Brooklyn Center as a thriving, diverse comm unity with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment COUNCIL ITEM MEMORANDUM • Collect data, including field surveys, review traffic counts and review maintenance records. • Conduct televised inspections of the sanitary and storm sewers and soil/geotechnical investigations. • Conduct a public informational meeting in the spring/early summer of 2018 to present initial findings to the neighborhood, and to gauge public interest in the improvement project. • Commence preliminary design and prepare a feasibility report for review by the City Council. The City Council could then consider setting a date for a project hearing. Budget Issues: The Belivue Area Mill and Overlay project is identified in the City's CIP with a preliminary project cost estimate of $1,540,000. The estimated cost for preliminary field work and preparation of a project feasibility report is $100,000. Strategic Priorities: Key Transportation Investments Our Vision: lYe envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. Itis a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2018-08, BELL VUE AREA MILL AND OVERLAY WHEREAS, the City's Capital Improvement Program (CIP) identifies specific streets for proposed infrastructure improvements in 2018; and WHEREAS, the City Council has reviewed the scope of proposed improvements for the Belivue Area; and WHEREAS, the City Council desires to begin the process of information gathering, solicitation of public comments and preliminary design. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project No. 2018-08, Bellvue Area Mill and Overlay is hereby established. 3. Staff is directed to begin field work, contact property owners in the neighborhood to obtain comments and input and hold public informational meetings for property owners in the neighborhood where improvements are proposed. 3.The City Engineer shall commence preliminary design and prepare a project feasibility report for review by the City Council in the spring of 2018. 4.Estimated project costs for preliminary field work, geotechnical investigations and sewer televising costs are as follows: COST AMOUNT Televising $ 6,000 Field Survey $ 9,000 Geotechnical/Drainage Investigation $ 10,000 Preliminary Design $ 75,000 Estimated Costs Total $ 100,000 REVENUES AMOUNT Street Reconstruction Fund $_100,000 Estimated Revenues Total $ 100,000 RESOLUTION NO. March 26,_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. Bellvue Area Mill and Overlay — 2018 The Belivue project area extends from Dupont Avenue to 4th Street and 53rd Avenue to 55th Avenue. The project area also includes 55th Avenue from James Avenue to Street. The area contains a total of 10,858 linear feet of local streets. The project area consists of approximately 165 residential properties, three multi-family properties, two business properties and one church property. :t j Li ii '-f-1 ---i iSi±f3 T71L II - pq __ ' - ''1 I I 0 PC'Q,LW cclTfR AYCNi1 -iln or Streets Dupont Avenue is designated as a MSA Route. The Beilvue area was last reconstructed in 1998. The streets are generally 30-feet wide with concrete curb and gutter. The current cost estimate assumes street improvements that consist of approximately 10 percent concrete replacement and a 2-inch mill and overlay. Water main Approximately 15 percent of the water main in the Belivue area was replaced with DIP in 1998 when the neighborhood was reconstructed. The remaining water main in the area consists of 6-inch to 10-inch diameter CIP and 16-inch steel water main installed between 1964 and 1982. Water records indicate seven main breaks have occurred within the neighborhood and seven properties have experienced a frozen water service in past winters. The current project cost estimate includes casting replacement only. Sanitary Sewer All sanitary sewer in the project area was replaced with 8-inch and 10-inch PVC when the neighborhood was reconstructed in 1998. The current project cost estimate includes casting replacement only. Storm Sewer The storm sewer in the Bellvue project area flows to two trunk lines on 55th Avenue and then east to the Mississippi River. Approximately 75 percent of the storm sewer in this area was installed in 1998, including one of the trunk lines on 55th Avenue. This storm sewer consists of 12-inch to 54-inch diameter pipe. The remaining storm sewer is a second trunk line that runs along 55 t11 Avenue. This trunk line consists of 30-inch to 42-inch RCP that was installed in 1952. The current project cost estimate includes casting replacement only. Street Lighting The existing street light system is overhead power, with a combination of wood poles with cobra head light fixtures and fiberglass poles with rectilinear fixtures. The current cost estimate includes no street light replacement. Project Summaries P age 115 2018-2032 Capital Improvement City Council Agenda Item No. 6h [i[IiIJ[iJ Ifl; V L!A I Ik'4 (I) 1I WJ'A I DATE: March 20, 2018 TO: Curt Boganey, City Mana e.r FROM: an ote, P.E., Director of Public Works SUBJECT: Resolution Accepting Bid and Authorizing Award of Contract, Improvement Project No. 2018-13, 2018 Street Seal Coating Recommendation: It is recommended that the City Council consider approval of the lowest bid and award a contract for the 2018 street seal coating activities. A map depicting the extent of the proposed work is also attached to this memorandum. Background: Bids for the 2018 Street Seal Coating Project were solicited as part of a Joint Powers Agreement (JPA) for street maintenance activities with the cities of Coon Rapids, Andover, Anoka, Fridley, Ham Lake, Columbia Heights, Mahtomedi, East Bethel and Circle Pines. The intent of this SPA is to provide an opportunity for participating cities to obtain lower unit bid prices by combining annual maintenance work for several communities into one bid in order to promote a more competitive bidding environment. The WA appears to be producing highly competitive bids for this work. Bids were received and opened by the City of Coon Rapids on March 16, 2018. The bidding results are tabulated as follows: Bidder JPA Bid Amount Pearson Brothers, Inc. $1,648,703.38 Allied Blacktop $1,771,640.72 Asphalt Surface Technologies Corp. $2,110,089.38 Budget Issues: Of the three (3) bids received, the lowest bid was submitted by Pearson Brothers, Inc. of Hanover, Minnesota, in the amount of $1,648,703.38. Brooklyn Center's portion of the bid is $158,040 and is within the 2018 budget amount of $167,000. Strategic Priorities: Key Transportation Investments Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT PROJECT NO. 2018-13, 2018 STREET SEAL COATING WHEREAS, bids for the 2018 street seal coating activities were solicited under the Joint Powers Agreement (WA) dated February 1, 2005, et. al. subsequent amendments, pursuant to Minn. Stat. 471.59 for the purpose of combining together bidding purposes for street maintenance and servics; and WHEREAS, pursuant to an advertisement for bids, bids were received, opened and tabulated by the City of Coon Rapids on the 16th day of March, 2018, under the WA. Said bids are as follows: Bidder JPA Bid Amount Pearson Brothers, Inc. $1,648,703.38 Allied Blacktop $1,771,640.72 Asphalt Surface Technologies Corp. $2,110,089.38 WHEREAS, the overall lowest responsible bidder in accordance with the IPA contract is Pearson Brothers, Inc., and Brooklyn Center's portion amounts to $158,040. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The Director of Public Works is hereby authorized to order 2018 seal coating activities, pursuant to the JPA for street maintenance activities, for Improvement Project No. 2018-13 according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. Project costs and revenues shall be allocated as follows: Amended COSTS Estimated per Low Bid 69th Avenue Seal Coating per Feasibility Report $ 40,000 $ 29,591 Street Seal Coating (Locals Streets)$ 167,000 $128,449 Total Estimated Project Cost $ 207,000 $158,040 Amended REVENUES Estimated per Low Bid Street Reconstruction Fund (40700-6530-08201710)$ 40,000 $ 29,591 Public Works Maintenance (43220-6404)$ 110,000 $ 89,914 Municipal State Aid Fund (40200-6404)$ 57.000 $ 38,535 Total Estimated Project Cost $ 207,000 $158,040 RESOLUTION NO. March 26,_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. c) 0 q5 00 CD Co LL ci)0)('3 0= . ('35) C-) C 0 - NHl N 3AVN0// II gAVINVAU 9 U) XVd1OO Ld N AV J.Q1ONVU)H d> I! IHI I/I . / > JAMES CIRN NONMON1N,. . NBAVSEVJVrLd olivovs Ad A-8 cl Ld .. F > - N 3'V 63XN3X ud'7)T /_ AVNNOA 32 LA LU El" 'V N3 OHO LL, NINO, (I) ('3':1) 0)C ('3 00 CO Co LU Ld 59TH AVE. LU C) lvn BAS LAK RD.1 58TH ^10 FR C ]N 3: • \\TT t./\Ol I \ >, ________ AVE 54TH. A Ld \\\\\ 56TH.AVE.N. \ / DR ] \U\\ \\ \\\\\ fl/ \\\\\ __ DRN D AVE. Ld ,iflP / / 1STEN Z ui AVER r _Th\\i 1 - / / 1Th BOTH AVE Legend CRS -2P 47,58SY ]iflJLTrw LAKEIDE(AU. r + * Public Works Department I CENTER 2018 Seal Coating Areas January 31, 2018 0 250 500 1 ,000 FeetI I I Page 2of3 AVER. 4 7GLLU LU 7 ftTflHP 6YE±-\\\\ 77" wH JI\ el IDE CT• ____ DR. co fl\U1 0 61SI _ -L E LU LL' 60TH VE I LU 10 N • 59TH VE JLJSBTH WEN JA 1 LLi DR. • -- I 56r .VENjj Legend 94 CRS-2P-53,042SY •• - • [*T-1 IFN 11 Lj IflTI ci- Public Works Department January 31, 2018 0 250 500 1,000 Feet I I I I I I I I I Page 3of3 C1 j R 2018 Seal Coating Areas City Council Agenda Item No. 6i COUNCIL ITEM MEMORANDUM DATE: March 20, 2018 TO: Curt Boganey, City Mana ^^ THROUGH: 05n-M. Cote, P.E., Director of Public Works FROM: Andrew Hogg, P.E., Assistant City Engineer SUBJECT: Resolution Authorizing Execution of a Small Wireless Facility Collocation Agreement with Zayo Group, LLC Recommendation: It is recommended that the City Council consider approval of a resolution authorizing execution of a small wireless facility collocation agreement with Zayo Group, LLC. Background: On February 26, 2018, the City Council adopted at pole attachment permit, which will be required by providers seeking to locate their small cell facilities within the City right-of-way on a City owned facilities. As part of the pole attachment permit, providers must enter into a Small Wireless Facility Collocation Agreement between the City of Brooklyn Center and the provider in order to install a small wireless facility on, under, within, or adjacent to an existing Wireless Support Structure that is owned by the City. In addition a Collocation Supplemental Agreement will be needed by the provider for each specific site that the provider intends to lease from the City. The Supplemental Agreement will be reviewed and approved at the staff level. This process is consistent with the antenna permit process for the City's water towers. Zayo Group, LLC, has submitted a Small Wireless Facility Collation Agreement. City staff has not yet received any pole attachment permits for small cell facilities from Zayo Group, LLC, but by finalizing this agreement they can begin to submit permits for attachment to City owner facilities within the right-of-way. The City will then review and issue pole attachment permits submitted by Zayo Group, LLC. This agreement will cover all future Zayo pole attachment permits submitted under this agreement. Budget Issues: The Street Light Utility Fund (65200) will receive an annual rent in accordance with the collocation agreement depending on any actual electrical usage. Strategic Priorities: Safe, Secure, Stable Community Our Vision: We envision Brooklyn center as a thriving, diverse community with a full range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A SMALL WIRELESS FACILITY COLLOCATION AGREEMENT WITH ZAYO GROUP, LLC WHEREAS, Zayo Group, LLC, has submitted to the City an Small Wireless Facility Collocation Agreement; and WHEREAS, as compensation for the use of City electrical service, Zayo Group, LLC, agrees to pay rent as described in the agreement; and WHEREAS, the City and, Zayo Group, LLC, have negotiated a collocation agreement that is consistent with the City's policy regarding small cell telecommunications facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The Small Wireless Facility Collocation Agreement between Zayo Group, LLC, and the City of Brooklyn Center is hereby approved. The Mayor and City Manager are hereby authorized to execute said collocation agreement. 2.All rent payments collected from said agreement will be deposited into the Street Light Utility Fund (65200). March 26, 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. City of Brooklyn Center, Minnesota Small Wireless Facility Collocation Agreement I This Small Wireless Facility Collocation Agreement (the "Agreement ") i) s made this i day of'u('1, 20_1 V , between the Cit y of Brooklyn Center, a Minnesota local government unit, With its principal offices located at 6301 Shingle Creek Blvd in Brooklyn Center, Minnesota 55430, ("Lessor) and Zayo Group, LLC with its principal offices located at 1805 29th Street in Boulder, CO ("Lessee"). Lessor and Lessee are collectively referred to as the "Parties" or individually as a "Party." WHEREAS, the Federal Communications Act of 1934, as amended, authorizes Lessor to manage and control access to and use of public rights-of-way within city limits; and WHEREAS, Lessor has elected to manage its rights-of-way as authorized by Minnesota Statues, Sections 237.162-.16' and Lessor's municipal code of ordinances (the "Code"); and WHEREAS, this Agreement shall apply to the collocation of Small Wireless Facilities (as hereinafter defined). For purposes of this Agreement, "collocate" or "collocation" means to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing Wireless Support Structure (as hereinafter defined) that is owned by the Lessor; and WHEREAS, a "Small Wireless Facility" means a wireless facility, as defined by Minnesota Statues, Section 237.162, subd. 13, that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet, and (ii) all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, provided such equipment shall be in aggregate no more than 28 cubic feet in volume, and WHEREAS, Lessor owns or controls existing structures in the public right-of-way that may be determined by Lessor to be capable of supporting a Small Wireless Facility ("Wireless Support Structure"), which are located within the geographic area of a license or other authorization held by Lessee to provide wireless services; and WHEREAS Lessor hereby sets forth the terms and conditions of collocation on its Wireless Support Structures; and WHEREAS, Lessee desires to install, maintain and operate Small Wireless Facilities on Lessor's Wireless Support Structures; and WHEREAS, Lessor and Lessee desire to enter into this Agreement to define the general terms and conditions which will govern their relationship with respect to the particular sites at which Lessee will collocate its Small Wireless Facilities on Lessors Wireless Support Structures, and WHEREAS, Lessee shall compensate Lessor for the collocation of Small Wireless Facilities on Lessor's Wireless Support Structures; and WHEREAS, Lessor and Lessee. acknowledge that they will enter into an agreement supplement ("Supplement") in substantially the form attached hereto as Exhibit A, with respect to each particular Wireless Support Structure on which Lessee will collocate; and WHEREAS, this Agreement is not exclusive and Lessor reserves the right to grant permission to other entities to collocate Small Wireless Facilities. NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1.PREMISES. Pursuant to all of the terms and conditions of this Agreement and the applicable Supplement, Lessor agrees to lease to Lessee certain space described in the applicable Supplement upon Lessor's Wireless Support Structure in the public right-of-way (Lessor's Wireless Support Structure is sometimes), for the installation, operation and maintenance of Small Wireless Facilities; together with the non-exclusive right of access over, under and through the Premises (as hereinafter defined) for the purpose of installation, operation and maintenance of Lessee's Small Wireless Facilities The space leased by Lessor to Lessee described in the applicable Supplement is hereinafter collectively referred to as the "Premises." The Premises may include, without limitation, certain space on the ground (the "Equipment Space") adjacent to the Wneless Support Structure, and space on the Wireless Support Structure for the installation, operation and maintenance of antennas and other equipment (the "Antenna Space") as described in the Supplement Notwithstanding anything in the Supplement to the contrary, the Premises under each Supplement shall include such additional space necessary for the installation, operation and maintenance of wires, cables, conduits, and pipes (the "Cabling Space") running between and among the various portions of the Premises and to electrical and telephone utility, cable, and fiber sources adjacent to the Premises, Lessor may grant Lesee or the local utility, or fiber or cable provider, upon Lessee's approval, the right to install any utilities, cable, and fiber necessary for Lessee to operate its communications facility, provided the location of those utilities, cable, and fiber shall be as reasonably designated by Lessor. Lessor's approval shall not be unreasonably withheld. 2.GENERAL CONDITION. Lessors shall be subject to all provisions of the Pole Attachment Permit General Conditions attached hereto and made a part of this Agreement. 3.USE OF PUBLIC RIGHTS-OF-WAY. A All communications equipment shall be installed in accordance, with applicable Laws (as hereinafter defined) and Lessee shall comply with all laws, ordinances, rules and regulations adopted by Lessoi Within the public rights-of-way, the location of the communications equipment shall be subject to the reasonable and proper regulation, direction and control, of the Lessor, or the official to whom such duties have been delegated by Lessor. Lessee shall :have no ownership interest in any Wireless Support Structure owned by Lessor. . Lessee and its authorized, contractors shall give Lessor reasonable notice of the dates, location, and nature of all work to be performed on its communications equipment within the public rights-of-way. C. Any damages to :Lessor's Wireless Support Structures, equipment thereon or other infrastiuctuie caused by Lessee's installation or operations shall be repaired or replaced at Lessee's sole cost and to Lessoi's reasonable satisfaction 4.TERM RENTAL. Each Supplement shall be effective as of the date of execution by both Parties (the "Effective Date"), at which time rental payments shall commence and be due at a total annual rental of $175.00 (the "Annual Rental"), representing $150.00 per year for rent to occupy space on a Wireless Support Structure and $25 00 per year for maintenance associated with the space occupied on a wireless support structure Consistent with Minnesota Statutes Sections 237.162-.163, the term of each Supplement shall be equal to the length of time that the Small Wireless Facility is in use (the "Term"), unless the Supplement is terminated pursuant to this Agreement The annual rental for each Supplement shall be paid in advance annually on each anniversary of the Effective Date, to the payee designated by Lessor in the Supplement, or to such other person, firm or place as Lessor may, from time to time, designate in writing Upon agreement of the Parties, Lessee may pay rent by electionic funds transfer, Lessor hereby agrees to provide to Lessee the reasonable documentation required for Lessee to pay all rent payments due to Lessor. 5. ELECTRICAL. Lessor may, at all times during the Term of each Supplement, provide electrical service and telephone service access within the Premises As piovided by Minnesota Statutes Sections 237.162-..1,63, an annual fee for electricity used to operate the Small Wireless Facility, if not purchased directly from a utility, shall be added to the annual rent due under each Supplement at the rate of A $73.00 per radio node less than or equal to 100 max watts, B $182.00 per radio node over 100 max waifs, or C The actual costs of electricity, if the actual costs exceed the amount in item (A) or (B). The amount of any such annual fee shall beset forth in each Supplement. 6. ENGINEERING COSTS. The Parties acknowledge and agree that, pursuant to Minnesota Statutes, Sections 237.162-..163, Lessor may charge the actual costs of the initial engineering and preparatory construction work associated with Lessee's collocation in the form of a onetime, nonrecurring commei cially reasonable, nondiscnrninatory, and 7competitively neutral charge. Lessee shall pay such reasonable costs within sixty (60) days Of receipt of an invoice that itemizes the costs. 7.!JE. Lessee shall use the Premises for the purpose of constructing, maintaining, repairing and operating Small Wireless Facilities and uses incidental thereto Lessee shall have the right, without any increase in rent, to replace or repair its utilities fiber or cable, equipment, antennas and/or conduits or any portion thereof, and the, frequencies over which the equipment operates Any additions or material modifications shall require Lessor's approval 8.GOVERMENTAL APPROVALS; PERMITS. It is understood and agreed that Lessee's ability to use the Premises is contingent upon Lessee obtaining all of the certificates, permits and other approvals (collectively the "Government Approvals") that may be required by any Federal, State or Local authorities, as well as a satisfactory structural analysis that will permit Lessee use of the Premises as set forth above. Lessor shall cooperate with Lessee in its 'effort to obtain the Governmental Approvals, Lessee shall have the right to terminate the applicable Supplement if: (i) any of the applications for Governmental Approvals is finally rejected; (ii) any Governmental Approval issued to Lessee is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority, (iii) Lessee determines that the Governmental Approvals may not be obtained in a timely manner, (iv) Lessee determines that the Premises is no longer technically compatible for its use; or (v) Lessee, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary. Notice of Lessee's exercise of its right to terminate shall be given to Lessor in accordance with the notice provisions set forth in Paragraph 20 and shall be effective upon the mailing of that notice by Lessee, or upon such later date as designated by Lessee. All rentals paid to the termination date shall be retained by Lessor. Upon such termination, the applicable Supplement shall be of no futther force or effect except to the extent of the representations, warranties, and indemnities made by each Party to the other thereunder. Otherwise, the Lessee shall have no further obligations for the payment of rent to Lessor for the terminated Supplement. 9.QUIET ENJOYMENT AND REPRESENTATIONS. Lessor covenants that Lessee, on paying the rent and performing the covenants herein and in a Supplement, shall peaceably and quietly have, hold and enjoy the Premises Lessor represents and warrants to Lessee as of the execution date of each Supplement, and covenants during the Term, that Lessor is has good and sufficient title and interest to the Property, and has f'ill authority to enter into and execute the Supplement. 10.NOTICES. All notices hereunder must be in writing and are validly given if sent by certified mail, return receipt requested, or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows or to any other address that the Party to be notified may have designated: Lessor: City Of Brooklyn Center Attention: Public Works Engineering 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Lessee: Záyo Group, LLC 1805 29th Street Boulder, CO 80301 Attn.: General Counsel/Legal Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 11. DEFAULT. If there is a breach by a Party with respect to any of the provisions of this Agreement, or under the provisions of an individual Supplement, the non-breaching Party shall give the breaching Party written notice of that breach. After receipt of the written notice, the breaching Party shall have thirty (30) days in which to cure the breach, provided the breaching Party shall have such extended period as may be required beyond the thirty (30) days if the breaching Party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion, but in no event more than ninety (90) calendar days after receipt of written notice The non-breaching Party may not maintain any action or effect any remedies for default against the breaching Party unless and until the breaching Party has failed to cure the breach within the time periods provided in this Paragraph Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement, or under an individual Supplement if Lessor fails, within five (5) days after receipt of written notice of such breach, to perform an obligation required to be performed by Lessor, and if the failure to perform that obligation interferes with Lessee's ability to conduct its business in the Premises, provided, however, that if the nature of Lessor's obligation is such that more than five (5) days after notice is reasonably required for its performance, then it shall not be a default under this Agreement or the applicable Supplement if performance is commenced within such five (5) day period and thereafter diligently pursued to completion, but in no event more than fifteen (15) calendar days after receipt of written notice Lessor and Lessee agree that a default under an individual Supplement does not constitute a default under this Agreement 12, APPLICABLE LAWS. Laws means any and all laws, regulations, ordinances, resolutions, judicial decisions, rules, permits and approvals applicable to the subject of this Agreement or Lessee's use that are in force during the term of this Agreement, as lawfully amended including, without limitation, Lessor's City Code. Lessee and Lessor shall comply with all applicable Laws This Agreement does not limit any rights Lessee may have in accordance with Laws to install its own poles in the right of way or to attach Lessee's equipment to third-party poles located in the ugin of way, This Agreement shall in no way limit or waive either party's present or future rights under Laws. If, after the date of this Agreement, the rights or obligations of either Party are materially altered, preempted, or superseded by changes in Laws, the parties agree to amend the Agreement and/or Supplement to reflect the change in Laws 13. GOVERNMENT DATA. The Parties acknowledge and agree that this Agreement is considered public data not on individuals and is accessible to the public under Minnesota Statutes, Section 13.03. Lessee and Lessor agrees to abide by the applicable piovisions of the Minnesota Government Data Practice Act, Minnesota Statues, Chapter 13, and all other applicable state or federal rules, regulations or orders pertaining to privacy or confidentiality. 14, GENERAL PROVISIONS. A. Entire Agreement, This Agreement and any associated Supplement supersedes any prior or contemporaneous representations or agreements, whether written or oral, between the Parties and contains the entire agreement. B Captions. Captions contained in this Agreement are for reference only, and therefore, have no effect in construing this Agreement. C.Ambiguities. If any term of this Agreement is ambiguous, it shall not be construed for or against any Party on the basis that the Party did or did not write it. D.Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both Parties. E.Third Party Rights, This Agreement is not a third party beneficiary contract and shall not in any respect whatsoever create any rights on behalf of any person or entity not expressly a party to this Agreement. F.Governing Law This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. The venue for all proceedings related to this Agreement shall be in Hennepin County, Minnesota. G Waiver. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or the waiver by either Party of any breach or failure to comply with any provision of this Agreement by the other Party shall not be construed as, or constitute a continuing waiver Of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. FL Force Maj eure. Except for payment of sums due, neither Party shall be liable to the other Or deemed in default under this Agreement, if and to the extent that a Party's performance is prevented by reason of force inajeure. "Force majeure" includes war, an act of terrorism, fire, earthquake, flood and other circumstances which are beyond the control and without the fault or negligence of the Party affected and which by the exercise of reasonable diligence the Party affected was unable to prevent. I. Further Assurances. From andafter the execution of this Agreement, the parties shall fully cooperate with each other and perform any further act(s) and execute and delivers any further documents which may be necessary in order to carry out the purposes and intentions of this Agreement. J.Savings Clause. If any court finds any portion of this Agreement to be contrary to law, invalid, or unenforceable, the remainder of the Agreement will remain in full force and effect. K.Counterparts. This Agreement may be signed in counterparts, each of which shall be deemed an original, and which taken together shall be deemed to be one and the same document IN WITNESS WHEREOF, the Parties, have caused this Agreement to be approved on the date above. Lessor: City of Brooklyn Center By: Tim Willson, Mayor Date: By: Cornelius L. Boganey, City Manager Date: Lessee: Zayo Group, LLC By: 0, — Abbi Dayton, Sr Corporate Counsel Its: 9 1 -k cx Date: 2&J6W Lessor Acknowledgement STA TE OF MI]VNESOTA COUNTY OFHENNEPIN The foregoing instrument was acknowledged before me this day of 2018, by Tim Willson, Mayor, and Ciii! Boganey, City Manager, respectively, of the City of Bi ooklyn Center, on behalf of the City. Notary Public Ally commission expires: Lessee Acknowledgement eô I STATE OF MAWE9@TA) COUNTY OF_ On the Q 8 day of F' 1' ro&j , 2018, before inc personally appeared G4 bi q ou, I Dcq { oy ., and acknowledged under oath that he/she is the Sr Cor h.<) of JdUpi L-i ,the--ef -, the Lessee' named in 117c attached instrument, and as such was authorized to execute this instrument on behalf of the Lessee. I -iFORA LEIGH SECORA I -I I Notamy Public: i' ro cecorc STATEII My Commission Expires: I / I 4 / 2 CCo IMY COMMISSION EXPIRES JANUARY 14,2020 City CouncRH Agenda Item No. 6j COUNCIL ITEM MEMORANDUM DATE: March 20, 2018 TO: Curt Boganey, City Mana THROUGH: M. Cote, P.E., Director of Public Works FROM: Mike Marsh, Deputy Director of Public Works SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2016-19, Sanitary Sewer Lining, Mississippi River Trunk Line Recommendation: It is recommended that the City Council approve the resolution accepting work performed and authorizing final payment, Improvement Project No. 2016-19, Sanitary Sewer Lining, Mississippi River Trunk Line. Background: On January 17, 2017, the City Council awarded Project Nos. 2016-19 to Insituform Tech USA, Inc. of Chesterfield, Missouri for construction of the lining of the Mississippi River Trunk line north of 1-694 to 57th Avenue N. Insituform Tech USA, Inc. has successfully completed the construction work and is requesting final payment for the project. Budget Issues: The original contract amount with Insituform Tech USA, Inc. for the project was $633,974.30. The total value of work certified for final payment is $31,578.89 which will bring the total value certified for the project to $631,577.85. The total project cost including contingencies/administration/engineering/legal is $739,113.96 and was completed $84,860.34 or 10 percent under the amended budget amount of $823,974.30. The attached resolution provides a summary of the final amended costs and funding sources for the project. Strategic Priorities: Safe, Secure, Stable Community Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT NO. 2016-19, SANITARY SEWER LINING, MISSISSIPPI RIVER TRUNK LINE WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Insituform Tech USA, Inc. of Chesterfield, Missouri has completed the following improvements in accordance with said contract: Improvement Project Nos. 2016- Sanitary Sewer Lining, Mississippi River Trunk Line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1.Final payment shall be made on Improvement Project Nos. 2016-19, Sanitary Sewer Lining, Mississippi River Trunk Line, taking the contractor's receipt in full. The total amount to be paid for said improvements under said contract shall be $631,577.85. 2.The estimated project costs are hereby amended as follows: COSTS As Original Award As Final Construction Costs $633,974.30 $ 631,577.85 Engineering/Legal/Admin $110,000.00 $ 107,536.11 Contingency $80,000.00 $ 0.00 Subtotal Construction Cost $823,974.30 $ 739,113.96 March 26, 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. City Council Agenda Item No. 7a Dedicated to Public Safety Sheriff Richard W. Stanek Presented to: Brooklyn Center City Council March 26, 2018 Agenda •Overview of the Hennepin County Sheriff’s Office and its jurisdiction •Overview of Agency Leadership and Sheriff’s Responsibilities •Overview of Eight Lines of Business •Three Public Safety Partnership Areas : –Forensics Sciences Division: Crime Lab –The Opioid Crisis –Violent Crime Sheriff Richard W. Stanek •Hennepin County Sheriff’s Office was incorporated in 1852. •There have been 27 different Sheriffs since 1852. •Only 3 other Sheriffs in the past 70 years (Ryan, Omodt, McGowan). Coordinating Public Safety in Hennepin County •1.3 million residents •556.2 square miles •104 named lakes and 3 rivers •280 miles of lakes and waterways •45 municipalities (+1 unorganized territory) •36 local police departments & 8 Federal law enforcement partners Agency Leadership & Overview •Major Darrell Huggett –Administrative Services Bureau •Major Pete Dietzman –Investigations Bureau •Major Jeffrey Storms –Enforcement Services Bureau •Major Tracey Martin –Jail/Court Services Bureau Sheriff Stanek & Chief Deputy Mike Carlson State Statute Chapter 387 - SHERIFF 387.03 Powers & Duties: “The sheriff shall keep and preserve the peace of the county...” The Sheriff is the chief law enforcement officer in the county. Sheriff’s Office - Eight Lines of Business 1. Jail •751 bookings in 2017 2.Court Security •Provide courtroom & building security in Brooklyn Center court division 3. Patrol •2,063 patrol hours 4.Warrants •104 warrant attempts 5.Civil Process •451 processes served 6.Investigations - See slide 12 on Violent Crime for more •2 death investigations 7.9-1-1 Dispatch •38,912 police CAD events •1,585 CAD fire events •5 texts to 911 in January – all non emergency 8. Crime Lab - See next slide on Forensic Sciences Div. Forensic Sciences Division: Crime Lab •Stakeholder operated •1 of 3 accredited DNA crime labs in MN •Internationally accredited •Property crime evidence collected and processed •178 requests in Q4 of 2017, ranking second highest agency in terms of # of service requests •331 lab cases in 2017 •491.22 crime lab scene hours in 2017 Hennepin County: Opioid deaths •2012: 105 (statewide #s not available) •2013: 119 (statewide #s not available) •2014: 108 (516 statewide) •2015: 110 (572 statewide) •2016: 153 (637 statewide) •2017: 162 (preliminary statistics) Opioids: Public Safety, Public Policy, Public Service •#NOverdose Campaign •Naloxone/ NARCAN advocacy •Drug Take-Back programs (Deterra bags & collection boxes) Violent Crime: Guns, Gangs, Drugs, and Kids •Violent Offender Task Force (VOTF) •42 arrests & 23 high-risk warrants executed & 30 illegal guns seized in 2017 •Worked with FBI Violent Crime Task Force on case of a fugitive wanted on a federal felony CSC warrant out of California; successfully apprehended suspect in Brooklyn Ctr, who is awaiting extradition to CA •Drug Task Forces –Southwest Hennepin (SWHDTF)* •Narcotics search warrant resulted in arrest and seizure of prescription opioid pills & 2 illegal handguns. –West Metro Drug Task Force (WMDTF)* •Successfully investigated a Federal conspiracy case and recovered money and vehicles; multiple search warrants executed for narcotics cases; an arrest and seizure of methamphetamine. –Anoka Hennepin Drug Task Force –Northwest Metro Task Force (NWMDTF) •Criminal Information Sharing & Analysis (CISA) •94 Request For Information (RFIs) made in 2017 •Assisted Brooklyn Center PD with a robbery case; successfully arrested and charged suspect •HIDTA designation •JTTF *Supervised by HCSO Questions? THANK YOU •612-348-2347 •Rich.Stanek@hennepin.us •www.HennepinSheriff.org /HennepinSheriff @HennepinSheriff /HennepinSheriff HennepinSheriff Richard W. Stanek Hennepin County Sheriff 11 1i-v 1'rninc'ill Arnu1i Item No. 8a CGUNCI{I[J ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Manai9 FROM: Nathan Reinhardt, Finance Director f SUBJECT: Continued Special Assessment Hearing for Proposed Resolution Certifying Special Assessments for Utility Repairs to the Hennepin County Property Tax Rolls Recommendation: It is recommended that the City Council consider approval of a resolution assessing the attached list of properties with unpaid bills for utility repair costs provided to those properties. Background: At the City Council meeting on March 12, 2018, City Council held a Public Hearing on proposed special assessments for utility repairs that were completed on private properties. There were a total of eleven outstanding invoices totaling $44,389.15. An additional $30.00 certification fee will be added to each assessment to bring the total proposed assessments to $44,719.15. The utility repairs were necessary to maintain safe and working utilities for the properties impacted. The proposed assessments will be repaid over a period of five years at an interest rate of four percent. The City Council moved to continue the Public Hearing until March 26, 2018 for 6006 Camden Avenue North and 3815 Burquest Lane where appeals were made. Additional information was requested for those properties where the proposed special assessment included unpaid bills for utility service line repairs. The City has since received a payment for the assessment of 7125 France Avenue North and has adjusted the special assessment roll for that payment. Appellants Statement (6006 Camden Avenue). Mr. Peters provided oral statements objecting to the assessment for the invoice to repair the sewer service on October 24, 2017 in the amount of $4,551. The appellant stated that the issues with the sewer service line had existed prior to the purchase of the home. He believes the sanitary sewer service line issues should have corrected by the previous owner. In subsequent conversations with City staff he additionally expressed concerns about the ability to repay the large amount of the assessment on a fixed income. Findings. On October 25, 2017 Joe's Sewer Service Inc. billed to the City of Brooklyn Center $4,551 for services performed on October 24, 2017. The description on the invoice states "Dig and replace sewer service line from the house to the curb, supplies, labor and permit for Rohan Peters, 6006 Camden Avenue North. Staff notes indicate that the sewer service line is to be dug and replaced from the house to the street curb. The service line had collapsed in the yard and Joe's Water and Sewer provided an estimate of the work to be completed to the City on October 20thi and subsequently repaired the service. The estimate provided indicated that the property was without working sewer for the past ten days and that Mr. Peters was hoping to have the bill put on his property taxes. The City paid the invoice and staff invoiced the property owner an Our 1'ision: We envision Brooklyn center as a thriving, diverse conuiu,uni with afull range of housing, business, cu/twal and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to ci healthy environment [i1S1Sk'[i I N I N k'A Uh'A I 0) UI I1IJA I equivalent amount and provided a copy of the original invoice. The owner also suggested that the repair should have been the responsibility of the previous owner, Hennepin County records show the home was purchased by Mr. Peters in January 2014. The sanitary sewer on Camden Avenue was installed in 1960 and is scheduled to be reconstructed in 2019. Recommendation: Information provided shows the property was billed for the amount of the invoice provided by Joe's Sewer Service Inc. All required procedures for the special assessment process including notification to the property owner, publishing public hearing notices and holding a public hearing have been followed. Staff is recommending the approval of the special Appellants Statement (3815 Burquest Lane): Mr. Kanneh provided oral statements objecting to the assessment for the invoice to repair the sewer service on December 14, 2017 in the amount of $4,950. This property was subject to an assessment for two invoices from Joe's Sewer Service Inc. which also included an invoice for sewer service repair on August 3, 2017 in the amount of $4,551. Mr. Kanneh stated that he did not know about the second invoice (service repair work completed December 14, 2017). He stated he was not informed of the work being performed, but did notice that the work was being done. He stated that he was not told or made aware that the repair work being completed would be invoiced to him. Findings: On August 3, 2017 Joe's Sewer Service Inc. (Joe) billed Mr. Kanneh $4,551 for services performed on August 2, 2017. The description on the invoice states "dig and replace sewer service line from the house to the boulevard for 3815 Burquest Lane North". Staff notes indicate the homeowner had sewage coming up into the basement every time they ran water. Centerpoint was televising laterals and noticed roots. Centerpoint hired a company to try to remove roots but were unsuccessful. The homeowner made contact with Joe who made the repair to the sanitary service line from the house to the road right of way. The homeowner will be responsible for any restoration on the property. The City subsequently paid the invoice and staff invoiced the property owner an equivalent amount. The sanitary sewer on Burquest Lane was last replaced with a neighborhood reconstruction project in 2004. On December 15, 2017 Joe's Sewer Service Inc. billed to the City of Brooklyn Center $4,950 for services performed on December 14, 2017. The description on the invoice states "dig and replace sewer service line in the street. Supplies, labor and permit for 3815 Burquest Lane North". Staff notes indicate the resident had part of the service repaired back in August by Joe's Water & Sewer. The City received a call that the service is starting to back up, since Joe was the contractor who completed the repair in August, he was notified by the property owner. Joe went out to inspect with his televising camera. After investigation of the service, Joe found the pipe to be broken at the wye (which was a different place from the original repair). Joe completed the repair. Joe was contacted during staff review of the appeal, Joe stated that there were at least two City employees present during the repair. He recalled that the line was crushed at/near the direct connection to the main as a result of the poor soil around the service line and had contacted public works staff to review/take pictures prior to the repair. He recalled that the homeowner was told with City staff present that the repair work would be covered by the City and that he wouldn't have to worry about the cost, because the cause of the collapsed line was not his fault. As part of the repair work the City hauled away and replaced a section of black-top in that area. Our Vision: We envision Brooklyn Center as a thriving, diverse corn Inunily with a full range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment COUNCIL ITEM MEMORANDUM He recalled that the City directed him to complete the repair and expected the City to cover the cost of the repair. The City did have one public works employee on site prior to the repair and during the repair, and an additional public works employee was on site at the tail end of the repair. The public works employee recalls that Joe was contacted by the homeowner and that the City was contacted to the site by Joe to review the cause before the repair was completed. Pictures of the sanitary sewer line showing the collapsed line have been attached. Pictures show the break to be located in an area where it is the property owner's responsibility. Both public works employees stated that they did not tell the contractor or the property owner that the City would pay for the repair. City staff believed the contractor had communicated with the property owner about the responsibility for the repair, either the property owner's responsibility or the contractor's responsibility from the previous work completed in August. The contractor did bill the City of Brooklyn Center on this invoice, typically the invoice is sent to the property owner who is ultimately responsible for the repair. The City subsequently paid the invoice and staff invoiced the property owner an equivalent amount. Recommendation: Information provided shows the City did bill the property the amount of the invoice provided by Joe's Sewer Service Inc. and the repair was completed near the Wye which is the property owner's responsibility. All required procedures for the special assessment process including notification to the property owner, publishing public hearing notices and holding a public hearing have been followed. However, it was not clear whether it was sufficiently communicated with the homeowner or the contractor who would be responsible for the cost to repair the damaged sanitary sewer line. The contractor stated he believed he was working under the direction of City staff to complete the repairs and the homeowner's claim that the City had stated that the cost of the repair would be paid by the City was substantiated by the contractor. The original invoice was sent by the contractor directly to the City and paid for by the City. This prevented the homeowner from challenging the amount or the whether the work completed should have been covered under warranty work from the previous repair. As a result, staff is recommending a reduction in the special assessment of $4,950 for 3815 Burquest Lane for the repair work completed on December 14, 2017. Attachments: Invoices from Joe's Sewer Service Inc. Invoices to the Property Owner's from the City of Brooklyn Center Pictures from 3815 Burquest Lane Revised/Original Proposed Assessments for Utility Repairs Budget Issues: If the proposed assessments are approved the costs incurred for these utility repairs will be repaid over the five-year period of 2019-2023. Strategic Priorities: Safe, Secure, Stable Community Our Vision: We envision Brooklyn Center as a thriving, diverse conu;iuni' with afull range of housing, business, cultural and recreational of,tiings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR UTILITY REPAIRS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS WHEREAS, Minnesota Statutes Chapter 429, provides for a Public Hearing process to recover the costs through special assessments; and WHEREAS, the City has incurred costs to repair utility services, billed the property owners, and has not been reimbursed by certain property owners; and WHEREAS, a special assessment roll, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a utility repair cost is to be assessed with the amount, including interest and service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessments for utility repairs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The special assessment roll of delinquent public utility accounts is hereby adopted and certified as Assessment Roll No. 19883. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes levied in 2018, in five installments with interest thereon at four (4.0) percent per annum, and shall bear interest on the entire assessment from April 12, 2018 through December 31, 2018. 3.The owner of any property so assessed may at any time prior to the certification of the assessments to the Hennepin County Auditor pay the entire assessment to the City, without interest, if the entire assessment is paid on or before April 11, 2018. From April 12, 2018, the owner may pay the entire assessment plus interest accumulated from April 12, 2018 through the date of payment. Such payments must be made by the close of business on November 21, 2018 or interest will be charged through December 31 of the succeeding year. 4.The City Clerk shall forthwith transmit a certified duplicate of this assessment to the Hennepin County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. RESOLUTION NO. March 26,_2018 Date Mayor i TTP'T 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. Special Assessment Roll Levy No. 19883 2017 Utility Repairs Report Date: March 21, 2018 **AMENDED** Property ID 01-118-21-12-0036 02-118-21-22-0015 03-118-21-24-0027 03-118-21-31-0028 03-118-21-31-0038 26-119-21-44-0004 27-119-21-31-0008 33-119-21-42-0108 33-119-21-42-0115 36-119-21-34-0098 Property Address 6006 Camden Ave N 6000 Xerxes Ave N 3901 58th Ave N 3912 Burquest La 3815 Burquest La 7042 Logan Ave N 7201 France Ave N 5213 Eleanor La 6318 Unity Ave N 6252 Bryant Ave N Original Amount $ 4,551.00 2,500.00 3,000.00 3,500.00 4,551.00 3,551.00 3,750.00 2,051.00 2,500.00 3,534.15 Special Assessment Charge $ 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 Total Pending Assessment $ 4,581.00 2,530.00 3,030.00 3,530.00 4,581.00 3,581.00 3,780.00 2,081.00 2,530.00 3,564.15 Total Count: 11 $ 33,488.15 Total Pending Amount: $ 33,788.15 Special Assessment Roll Levy No. 19883 2017 Utility Repairs Report Date: March 20, 2018 "ORIGINAL" Property ID 01-118-21-12-0036 02-118-21-22-0015 03-118-21-24-0027 03-118-21-31-0028 03-118-21-31-0038 26-119-21-44-0004 27-119-21-31-0008 27-119-21-42-0026 33-119-21-42-0108 33-119-21-42-0115 36-119-21-34-0098 Property Address 6006 Camden Ave N 6000 Xerxes Ave N 3901 58th Ave N 3912 Burquest La 3815 Burquest La 7042 Logan Ave N 7201 France Ave N 7124 France Ave N 5213 Eleanor La 6318 Unity Ave N 6252 Bryant Ave N Original Amount $ 4,551.00 2,500.00 3,000.00 3,500.00 9,501.00 3,551.00 3,750.00 5,951.00 2,051.00 2,500.00 3,534.15 Special Assessment Charge $ 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 Total Pending Assessment $ 4,581.00 2,530.00 3,030.00 3,530.00 9,531.00 3,581.00 3,780.00 5,981.00 2,081.00 2,530.00 3,564.15 Total Count: 11 $ 44,389.15 Total Pending Amount: $ 44,719.15 Remit To: CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER MN 55430 Billing Address: 149218 ROHAN PETERSr'r' CA 1,1.1DEN AVE Pd BROOKLYN CENTER MN 55430 INVOICE 14423 Invoice Date 1212112017 niva nnfo 117fl17fllR Page: 1 Item 001 002 003 004 005 006 Remark 6006 CAMDEN AVE N DIG AND REPLACED SEWER FROM HOUSE TO STREET CURB. SEWER SERVICE HAS COLLAPSED IN YARD. JOE'S WATER AND SEWER REPAIRED THE SERVICE ON 10120/17. Amount 4551.00 Total Amount invoiced 4551.00 Tax Amount Balance Due 4551.00 An 18% APR finance charge will be applied to all amounts not paid by the due date. Please return one copy with your payment. City of Brooklyn Center 1 6301 Shingle Creek Pkwy Brooklyn Center MN 55430-2199 1 (763) 569-3300 1 www.cityofbrooklyncenter.org iaL (IJIIIUj City of I3ROOKLYV CENTER DATE: 12/15/2017 TO: Sue Fogal FROM: Michael Weber SUBJECT: Invoice Request Hi Sue! Can you please prepare an invoice for the following: Billing Information for Invoice: Rohan Peters 6006 Camden Ave. Brooklyn Center, MN 55430 Items Description (this information all must be on the invoice: Dig and replaced sewer from house to street curb. Sewer service has collapsed in yard. Joe's Water and Sewer repaired the service on 10/20/2017. Amount: $4,551.00 Coded to: 44T6449 L4C Please mail the invoice along with the attached documents. Thank you 0 [i iwi] r Date lnvoice# 10/25/2017 6120 4717 Hampshire Ave. N. Crystal, MN 55428 Bill To City of Brooklyn Center 6301 Shingle Creek Pkwy 1 f)%)L1ALyri J' I Due Date 10/25/2017 Description Serviced Amount Dig and replace sewer service line from the house tho the curb Supplies, labor and permit. 10/24/2017 4,551.00 Rohan Peters 6006 Camden Ave. N. Please send payment including invoice number to above Total $4,551.00 Payments/Credits $0.00 address. Any payments by phone, inquiries on balance or invoices, please call (763) 535-3803 or (763) 425-4334. Mon. -Fri. 8 amto3 pm.Balance Due $4,551.00 I CITY OF BROOKLWN A GREAT PLACE TO START, A GREAT PLACE TO STAY wwwcityofbrooklyncenterorg Remit To: CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER MN 55430 NVOIICE 14163Billing Address: 148849 MOFABA KANNEH Invoice Date 8111/2017 3815 BURQUEST LANE Due Date 9.O1-0/2O17 BROOKLYN CENTER MN 55430 Page: Item Remark Amount \ a -' zi 1) 001 3815 BURQUEST LANE 002 THE HOMEOWNER HAD SEWAGE 4551.00 003 COMING UP INTO THE BASEMENT 004 EVERY TIME THEY RAN WATER. 005 CENTERPOINT WAS TELEVISING 006 LATERALS AND NOTICED ROOTS. 007 CENTERPOINT HIRED A COMPANY TO 008 TRY TO REMOVE ROOTS BUT WERE 009 UNSUCCESSFUL, THE HOMEOWNER 010 MADE CONTACT WITH JOE WHO MADE 011 THE REPAIR WITH NEW 012 SANITARY SERVICE FROM THE 013 HOUSE TO THE ROAD RIGHT OF 014 WAY. THE HOMEOWNER WILL BE 015 RESPONSIBLE FOR ANY 016 RESTORATION ON THE PROPERTY Total Amount Invoiced 4551.00 Tax Amount Balance Due 4,551.00 An 18% APP finance charge will be app/fed to all amounts not paid by the due date. Please return one copy with your payment. City Hall Community Center Police& Fire Departments6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue NorthBrooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853763.569.3300 . Fax: 763.5693494 763.569.3400. Fax: 763.569,3434 763.569.3333. Fax: 763.561.0717 MEMORANDUM City of BROOKLYNCENTER DATE: 8/7/2017 TO: Sue Fogal FROM: Michael Weber SUBJECT: Invoice Request Hi Sue! Can you please prepare an invoice for the following: Billing Information for Invoice: Mofaba Kanneh 3815 Burquest Lane Brooklyn Center, MN 55430 Items Description (this information all must be on the invoice: The homeowner had sewage coming up into the basement every time they ran water. Centerpoint was televising laterals and noticed roots. Centerpoint hired a company to try to remove roots but were unsuccessful. The homeowner made contact with Joe who made the repair with new sanitary service from the house to road right of way. The homeowner will be responsible for any restoration on the property. Amount: $4,551.00 Coded to: 49141-6449 Please mail the invoice along with the attached documents. Thank you ©! 4717 Hampshire Ave. N. Crystal, MN 55428 Joe's Sewer Service Inc. Date Invoice # 8/3/2017 6094 Ii I'Ll] F Bill To Mofaba Kanneh 3815 Burquest Lane Brooklyn Center, MN 55429 I Due Date 8/3/2017 Description ] Serviced Amount Dig and replace sewer service from the house to the boulevard.8/2/20 17 4,500.00Supplies, labor. Permit 51.00 Please send payment including invoice number to above Total $4,551.00 address, Any payments by phone, inquiries on balance or invoices, please call (763) 535-3803 or (763) 425-4334. Mon.Payments/Credits $0.00 -Fri. 8 amto3 pm.Balance Due $4,551.00 Remit To: CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER MN 55430 Billing Address: 14884 MOFABA KANNEH P1c RI IPCT ITJ AtIF BROOKLYN CENTER MN 55430 INVOICE 14425 Invoice Date 1212112017 fl,. r.,M 41)0I2(.iO Page: 1 Item Remark Amount 001 3815 BURQUEST LANE 4,950.00 002 THE RESIDENT HAD PART OF THE 003 SERVICE REPAIRED BACK IN 004 AUGUST BY JOE'S WATER & SEWER. 005 THE CITY RECEIVED A CALL THAT 006 THE SERVICE IS STARTING TO 007 BACK UP, RESIDENT NOTIFIED 008 JOE AND HE WAS BRINGING OUT 009 HIS CAMERA. AFTER 010 INVESTIGATION OF THE SERVICE, 011 FOUND THE PIPE TO BE BROKEN 012 AT THE WYE. JOE WAS CALLED 013 TO COMPLETE THE REPAIR. Total Amount Invoiced 4,950.00 Tax Amount Balance Due 4,950.00 An 18%APR finance charge will be applied to all amounts not paid by the due date. Please return one copy with your payment. City of Brooklyn Center i 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430-2199 1 (763) 569-3300 www.cityofbrooklyncenter.org q Ci,yofMEMORANDUM 1 BROOKL}W CENTER DATE: 12/19/2017 TO: Sue Fogal FROM: Michael Weber SUBJECT: Invoice Request Hi Sue! Can you please prepare an invoice for the following: Billing Information for Invoice: Mofaba Kanneh 3815 Burquest Lane Brooklyn Center, MN 55430 Items Description (this information all must be on the invoice: The resident had part of the service repaired back in August by Joe's Water & Sewer. The City received a call that the service is starting to back up. Resident notified Joe and he was bringing out his camera. After investigation of the service, found the pipe to be broken at the wye. Joe was called to complete the repair. Amount: $4,950.00 Coded to: 49141-6449 Please mail the invoice along with the attached documents. Thank you ©! 4717 Hampshire Ave. N. Crystal, MN 55428 Joe's Sewer Service Inc. Date Invoice# 12/15/2017 6139 [i i1L.] rT Bill To City of Brooklyn Center 6301 Shingle Creek Pkwy I Due Date 1211512017 Description Serviced Amount Dig and repair sewer service in the street. Supplies, labor and 12/14/2017 4,950.00permit. 3815 Burquest Lane N. Please send payment including invoice number to above Total $4,950.00 address. Any payments by phone, inquiries on balance or invoices, please call (763) 535-3803 or (763) 425-4334. Mon.Payments/Credits $0.00 -Fri. 8 amto3 pm.Balance Due $4,950.00 3815 Burquest Lane Collapsed Sewer Line Lt i ;. • • .L.\ 3815 Burquiest Large = CoHapsed Sewer Line • • •4. - • • . - . To Wô'4Gc, i rd .4 V I F4,••'• L! T : 1 - ., - - •, t IS I( I I -: •. .. ,.. ) - . - • •- •'.. • • • .-. . • • . • : *'fr • • . : ' : 1' i. .'.• -J-:s . • •• •. •- ....... . ...............,.. • • ./ • • •.- : •. ..•. ••: i. .•,• •, •-. '.1.? •- • ...-...........• j'•'.• • . pc ,.:.'., • I , r4^^ L':I''. •k•4•-,tor ' 3815 Buquest Lane = Completed Repairs Utility Repairs City of Brooklyn Center City Council Meeting March 26, 2018 The City received two appeals ◦6006 Camden Avenue - $4,551.00 ◦3815 Burquest Lane - $9,501.00 6006 Camden Avenue - Basis of the appeal: Appellant stated that the issues with sanitary sewer service line had existed prior to the purchase of the home and the ability to be able to repay the large amount of the assessment. 10/20/2017 - Joe’s Sewer Service Inc. provided an estimate of work to be completed and indicated the property had been without working sewer for the past ten days and that Mr. Peters had hoped to have the cost of the repair be applied to his property taxes 10/25/2017 – Joe’s billed the City of Brooklyn Center $4,551 for services performed on October 24, 2017. The description on the invoice states “Dig and replace sewer service line from the house to the curb, supplies, labor and permit for Rohan Peters, 6006 Camden Avenue North. Staff notes indicate that the sewer service line is to be dug and replaced from the house to the street curb. The City subsequently paid the invoice and staff invoiced the property an equivalent amount and provided a copy of the original invoice. Hennepin County records show the home was purchased by Mr. Peters in January 2014. The Sanitary Sewer on Camden Avenue was installed in 1960 and is scheduled to be reconstructed in 2019. Information provided (invoices included in the City Council packet) show the property was billed for the amount of invoice for work completed by Joe’s Sewer Service All required special assessment procedures followed Staff recommends the approval of the proposed assessment 3815 Burquest Lane - Basis of the appeal: Appellant states that they were unaware that they would be invoiced for the sewer service line repair that was completed on December 14, 2017 in the amount of $4,950. Mr. Kanneh stated that he was not informed of the work being completed, and when he noticed work was being performed was not told that the repair work would be invoiced to him. Two separate invoices 8/3/2017 – Joe’s Sewer Service Inc. billed Mr. Kanneh $4,551 for services performed on August 2, 2017. The description on the invoice states “dig and replace sewer service line from the house to the boulevard for 3815 Burquest Lane North”. Staff notes indicate that the homeowner had sewage coming up into the basement every time they ran water. Centerpoint was televising laterals and noticed roots. Centerpoint hired a company to try to remove the roots but was unsuccessful. The homeowner made contact with Joe who made the repair from the sanitary service line from the house to the road right of way and the homeowner will be responsible for the restoration of the property. The City subsequently paid the invoice and staff invoiced the property an equivalent amount and provided a copy of the original invoice. 12/15/2017 – Joe’s Sewer Service Inc. billed the City of Brooklyn Center $4,950 for services performed on December 14, 2017. The description of the invoice states “dig and replace sewer service line in the street. Supplies, labor and permit for 3815 Burquest Lane North.” Staff notes indicate that the resident had part of the service repaired back in August by Joe’s Water & Sewer. The City received a call that the service is starting to back up. Joe was notified by the property owner planned on bringing out his camera. After investigation of the service, found the pipe to be broken at the wye and completed the repair. To House To Main The Contractor (Joe) was contacted during staff review of this appeal and recalled: ◦City was contacted to review the collapsed pipe before repair. ◦At least two City employees were present during the repair. ◦Collapsed pipe was due to poor soil in the area around the service line . ◦Homeowner was told with staff present that the repair work would be covered by the City and the cause of the damage was not the owners fault. ◦As part of the repair the City hauled and replaced soil and asphalt in that area. ◦City staff directed him to complete the repair. Public Works Staff contacted during the review of this appeal and recalled: ◦City did have a staff member present on site prior to the repair and during the repair. Additional staff member present at the end of the repair. ◦Did not tell the contractor or the homeowner the City would be responsible for the cost of the repair. ◦Staff believed the contractor communicated with the homeowner about the responsibility of the repair (either the homeowner’s obligation or contractor’s responsibility from previous work completed in August). ◦As part of the repair the City hauled and replaced soil and asphalt in that area for patching purposes ◦Contractor did bill the City directly and the City paid the invoice. Information provided (invoices included in the City Council packet): ◦Property was billed by the City for the amount of invoice for work completed by Joe’s Sewer Service. ◦Repair was completed before the wye which is the property owners responsibility. ◦All required special assessment procedures followed. Responsibility not clearly communicated ◦Contractor believes he was working under the direction of the City. ◦Contractor substantiated claim that homeowner was told the City would cover the cost of the repair. ◦Owner did not have the ability to dispute the repair amount with the contractor or challenge whether the amount should have been warrantied under previous repair. Staff recommends reducing the proposed assessment by $4,950 for 3815 Burquest Lane for the repair work completed on December 14, 2017. Re-open the public hearing for proposed special assessments for utility repairs. Customers may provide a basis for their appeal during the public hearing. Following the public hearing, consider the resolution to adopt the amended proposed assessment for utility repairs City Council Agenda Item No. 8b COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Manag FROM: Nathan Reinhardt, Finance Director M- SUBJECT: Resolution Authorizing the Assignment and Assumption of Obligations under a Conduit Revenue Bond by Noble Academy dba Nompeng Academy Project and Approving Related Documents Recommendation: It is recommended that the City Council consider adoption of the attached resolution authorizing the assignment and assumption of obligations under a conduit revenue bond by Noble Academy dba Nompeng Academy Project and approving related documents. Background: In 2013, the City Council approved an application for Conduit Revenue Bond Financing from ASG Brooklyn Center, a non-profit corporation, to finance the purchase and renovation of the property at 6201 Noble Avenue which leased to Odyssey Academy, a non-profit charter school, for its operations. The original aggregate principal amount was $5,300,000, amortized over 30 years at approximately 7.00 percent. The bonds carry the City of Brooklyn Center's name. However, full fiscal, legal and moral responsibility rest solely with ASG. ASG's source of revenue to repay the bonds was Odyssey Academy and the State Funded Lease Aid provided to Odyssey. The City faces no liability for repayment of the bonds using either City reserves or any levy against the City's tax base. Likewise, neither positive nor negative activity with this bond will affect the City's bond rating with Standard & Poor's. Educational Properties II, Inc., a nonprofit corporation, and an affiliated business company of Noble Academy (under the name of Nompeng Academy), a nonprofit corporation and public charter school has proposed to acquire the school building for the use as a public charter school for kindergarten through eighth grade. The purchase would include assuming the debt remaining from ASO. The building will be owned by Educational Properties II, and leased to and operated by Noble Academy. The borrower has requested that the City consent to an amended and restated loan agreement, dated on or After April 1, 2018. In order to do so it required the City to host a public hearing and provide approval. The bonds will be repaid from school revenues, including money due to the school from the State of Minnesota Lease Aid Payment Program. As provided in the language of the resolution no covenant, stipulation, obligation or agreement contained in the Financing Documents shall be the responsibility of the City, any member of the City Council, or any City employee. Our Vision: IVe envision Brooklyn Center as a thriving, diverse conwiunity with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healths environment [0111I[6J 10 ak'A U I Dk'A (I) 1I t1JI I A public hearing notice was published in the Sun Post on March 8, 2018. Budget Issues: Approval of this resolution should have no impact on the City budget, financial obligations or credit rating. Strategic Priorities: Safe, Secure, Stable Community Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Council Member introduced the following resolution and moved its adoption: RESOLUTION NO._________ RESOLUTION AUTHORIZING THE ASSIGNMENT AND ASSUMPTION OF OBLIGATIONS UNDER A CONDUIT REVENUE BOND BY NOBLE ACADEMY dba NOMPENG ACADEMY PROJECT AND APPROVING RELATED DOCUMENTS Wk-thIthAS, City ot Brooklyn Center, Minnesota (the "City) is duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152-469.1655, as amended (the "Act"), each city of the State of Minnesota, including the City, is authorized to issue revenue bonds to finance, in whole or in part, the costs of the acquisition, construction, improvement, or extension of revenue producing enterprises, whether or not operated for profit; and WHEREAS, Educational Properties II, Inc., a Minnesota nonprofit corporation, and an affiliated business company of Noble Academy, (the "Borrower") has proposed to acquire an existing school building located at 6201 Noble Avenue North, Brooklyn Center, Minnesota, 55429 from ASG Brooklyn Center (the "Seller") for use as a public charter schoolhouse for kindergarten through grade eight (the "School Facility") and assume the obligations of the Seller related to the City's conduit Charter School Lease Revenue Bond (Odyssey Academy Project), Series 2013A (the "Bond") which were previously issued by the City to finance (i) the acquisition, renovation, construction and equipping of the School Facility; (ii) the funding of a debt service reserve fund; (iii) the payment of a portion of the interest on the Bond; and (iv) the payment of the costs of issuing the Bond (the "Project"). The School Facility will be owned by the Borrower and leased to and operated by Noble Academy (under the name Nompeng Academy), a Minnesota nonprofit corporation and public charter school (the "School"); and WHEREAS, the Borrower has requested that the City consent to an Amended and Restated Loan Agreement, dated on or after April 1, 2018 (the "Loan Agreement"), between the City, the Borrower and Minnesota Bank & Trust, a Minnesota state banking corporation ("Lender") and an Assignment and Assumption Agreement and Agreement to Amend Assumed Agreements, dated on or after April 1, 2018 (the "Assumption Agreement"), between the City, the Borrower, the Lender and the Seller which provides certain terms and conditions of the assumption of the Bond obligations and related documents; and WHEREAS, the Bond heretofore issued by the City constitutes a revenue obligation secured solely by: (i) the revenues derived from the Loan Agreement; (ii) a pledge and assignment of all School revenues, including money due to the School from the State of Minnesota Lease Aid Payment Program (the "Program"); (iii) other revenues pledged to or otherwise received by the Borrower, except for those revenues necessary for ordinary operational expenses and required under Minnesota law; (iv) a mortgage and security agreement granted by the Borrower with respect to the Project; and (v) other security provided or arranged by the Borrower or the School; and WHEREAS, following the publication of a notice (the "Public Notice") of a public hearing in the Brooklyn Center Sun-Post, the official newspaper of the City on March 8, 2018, at least 14 days before the regularly-scheduled meeting of the City Council of the City on March 26, 2018, the City Council 5190430 JSB BR291-385 conducted a public hearing on this date, in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") and Treasury Regulations, Section 5f.103-2, at which a reasonable opportunity was provided for interested individuals to express their views on the proposal to acquire and re-finance the Project and assume the obligations under the Bond as proposed by the Borrower; NOW, THEREFORE, BE IT RESOLVED by the City Council (the "Council") of the City of Brooklyn Center, Minnesota (the "City"), as follows: 1.For the purposes set forth above, subject to the approval of the Project by DEED, as iqulieu oy in riii, tiii LouIKii nelcuy 4wno!iS 61t 1ssuuIpuo!1 )y in ioiiowei of ike eiiei's obligations with respect to the City's Charter School Lease Revenue Bond (Odyssey Academy Project), Series 2013A (the "Bond"), originally issued in the principal amount of $3,555,376. It is hereby found and determined that the Project furthers the purposes set forth in the Act and the Project constitutes a "project" within the meaning of Section 469.153, subdivision 2(b) of the Act. 2.The Bond is and shall be a special limited obligation of the City payable solely from the revenues provided by the Borrower pursuant to the Loan Agreement and from the revenues and security pledged, assigned, and granted pursuant to the following documents: (i) the Amended and Restated Mortgage, Security Agreement and Assignment of Rents, to be dated on or after April 1, 2018 (the "Mortgage"), from the Borrower, as mortgagor, to the Lender, as mortgagee; (ii) the Assignment of Lease, dated on or after April 1, 2018 (the "Assignment"), from the Borrower, as assignor, to the Lender, as assignee; and (iii) the Amended and Restated Pledge and Covenant Agreement, dated on or after April 1, 2018 (the "Pledge and Covenant Agreement"), from the School to the Lender and (v) other security provided or arranged by the Borrower or the School pursuant to other related security documents. 4.The loan repayments to be made by the Borrower under the Loan Agreement are fixed to produce revenues sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bond, and the Loan Agreement also provides that the Borrower is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all lawfully imposed taxes and special assessments levied upon or with respect to the Project and payable during the term of the Loan Agreement. 5.As provided in the Loan Agreement, the Bond shall not be payable from nor charged upon any funds other than the revenues pledged to its payment, nor shall the City be subject to any liability thereon, except as otherwise provided in this paragraph. No holder of the Bond shall ever have the right to compel any exercise by the City of any taxing powers to pay the Bond or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement and the revenues and assets thereunder, which has been assigned to the Lender under the terms of a Pledge Agreement from the City to the Lender. The Bond recites that the Bond is issued pursuant to the Act, and that the Bond, including interest and premium, if any, thereon, is payable solely from the revenues and assets pledged to the payment thereof, and the Bond shall not constitute a debt of the City within the meaning of any constitutional, statutory or charter limitations. 6. The Mayor and City Manager (the "City Officials") and other officers, employees, and agents of the City are hereby authorized to execute and deliver, on behalf of the City, the Loan Agreement and the Assumption Agreement, the documents other listed in Section 2 to which it is a party, and such other documents as are necessary or appropriate in connection with the assumption of obligations of the 5, including various certificates of the City, the Information Return for Tax-Exempt Private Activity 519043v1 JSB BR291-385 Bond Issues, Form 8038, a certificate as to arbitrage and rebate, and similar documents (the "Financing Documents"). All of the provisions of the Financing Documents, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Financing Documents shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the City Officials, in their discretion, shall determine, and the execution of the Financing Documents by the City Officials shall be conclusive evidence of such determination. 7.Except as otherwise provided in this resolution, all rights, powers, and privilegesc.. l' !11d.. U}JJfl Ii UI tII L.'ILJ AJUIIUII UJ UIL pIUVi1U1I3 01 IIIk resolution or of the Financing Documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body, or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, or agreement herein contained or contained in the Financing Documents shall be deemed to be a covenant, stipulation, obligation, or agreement of any member of the City Council the City, or any officer, agent, or employee of the City in that person's individual capacity, and neither the City Council of the City nor any officer or employee executing the Bond shall be liable personally on the Bond or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant, or agreement contained in the Financing Documents, the Bond or in any other document relating to the Bond, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement which are to be applied to the payment of the Bond, as provided therein. 8.Except as herein otherwise expressly provided, nothing in this resolution or in the Financing Documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City or any holder of the Bond, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the Financing Documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and any holder from time to time of the Bond. 9.In case any one or more of the provisions of this resolution, other than the provisions contained in Sections 5, 7 and 8 hereof, or of the Financing Documents, or of the Bond issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the Financing Documents, or of the Bond, but this resolution, the Financing Documents, and the Bond shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 10.The Bond contains a recital that it was issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bond and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bond, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 519043v1 JSB BR291-385 11. The officers of the City, bond counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bond for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bond, the Financing Documents, and this resolution. In the event that for any reason any of the City Officials is unable to carry out the execution of any of the Financing Documents or other acts provided herein, such Financing Documents may be executed and such actions may be taken by any official or employee of the City or the City delegated the duties of any such City Official with the same force and effect as if such Financing Documents were executed and delivered by such City Official. 1') + , +111+ ,, ,,,,1 ,,11 +--1 1, - .,. S ii.. S S .itç) td% flStSSi.it. —,.t±SJ —1—.stJ .J tO 515 £ WI.. the City in connection with the assumption of the obligations of the seller will be paid by the Borrower. It is understood and agreed that the Borrower shall indemnify, defend and hold harmless the City against all liabilities, losses, damages, costs and expenses (including attorney's fees and expenses incurred by the City) arising with respect to the project or the Bond or the transactions contemplated in this resolution, as provided for and agreed to by and between the Borrower and the City in the Loan Agreement. 13. This resolution shall be in full force and effect from and after its passage. 519043v1 JSB BR291-385 whereupon said resolution was declared duly passed on adopted. March 26, 2018 Date Mayor ATTEST: r;t r11, The motion for the adoption of the foregoing resolution was duly seconded by Councilmember 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. 519043v1 JSB BR291-385 City Council Meeting – March 26, 2018 In 2013, City Council approve Conduit Revenue Bond Financing for ASG Brooklyn Center Finance purchase and renovation for Odyssey Academy Original principal amount approved was $5.3 million at approximately seven percent. City has no fiscal or legal responsibility for the debt and does not have any impact on City credit rating. Noble Academy to assume debt and purchase the building. Proposed purchase of property by Educational Properties II, Inc. Nonprofit corporation affiliated with Noble Academy Leased to Noble Academy Noble Academy (under the name of Nompeng Academy) K-8 Public Charter School Assumes ASG’s debt to purchase the property Repaid from school revenues, including State of MN Lease Aid Payment Program Debt continues to provide no obligation or responsibility of the City, City Council or City staff Open the public hearing to receive comments on: Resolution authorizing the assignment and assumption of obligations under a conduit revenue bond by Noble Academy dba Nompeng Academy Project and approving related documents. City Council consideration of resolution. City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Mana THROUGH: Meg Beekman, Community Development Director FROM: Ginny McIntosh, City Planner/Zoning Administrator SUBJECT: Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2018-001, Submitted by Greg Hayes of Ebert Construction, Requesting Approval of the Preliminary Plat for Northbrook Center 3rd Addition (Located at 1950 57th Avenue North) Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the resolution regarding the disposition of Planning Commission Application No. 2018-001, submitted by Greg Hayes of Ebert Construction, for approval of the Preliminary Plat for Northbrook Center 3 Addition, subject to the Applicant complying with the Site Plan and Documents Approval Section in the Planning Commission Staff Report dated March 15, 2018 (attached). Background: On March 15, 2018, the Planning Commission conducted a public hearing on Planning Commission Application No. 2018-001, submitted by Greg Hayes of Ebert Construction, for approval of the Preliminary Plat for Northbrook Center 3rd Addition, which would subdivide an existing 7.32 acre lot into two lots. As proposed, approximately 2.6 acres (proposed Lot I) would be conveyed to the Applicant, Ebert Construction, and the remaining approximately 4.72 acres (proposed Lot 2) would remain under ownership by the City of Brooklyn Center until a developer was identified at a later time. This request is associated with additional requests by the Applicant under Planning Commission Application No. 2018-001 to establish a new Planned Unit Development (PUD) and approve site and building plans for the proposed four-story, 112,000-square foot indoor commercial storage building. The City Council previously reviewed plans for this proposal at the City Council/EDA Work Session on August 14, 2017. EDA approvals were subsequently approved, authorizing the execution of a Letter of Intent to sell a portion of the Subject Property to the Applicant, located at 1950 57"'Avenue North, and approving a Purchase Agreement and conveyance of a portion of the Subject Property under EDA Resolution Nos. 2017-11 and 2017-19. Full consideration was given under a duly noticed public hearing and mail notifications were sent to surrounding property owners in accordance with the public hearing requirements. No comments (for or against) were received concerning the approval of the preliminary plat. Our Vision: We envision Brooklyn Center as a thriving, diverse coinuninity with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy clue to its convenient location and commitment to a healthy environment COUNCIL ITEM MEMORANDUM Upon close of the public hearing, the Planning Commission voted unanimously (7-0) in favor of the recommendation. Attached for your review are copies of the Planning Commission Report for Planning Commission Application No. 2018-001, a copy of the preliminary plat for Northbrook Center 3' Addition, a copy of Planning Commission Resolution No. 2018-001 (Resolution Regarding Recommended Disposition of Planning Commission Application No. 2018-001 Submitted by Greg Hayes of Ebert Construction, Requesting Approval of the Preliminary Flat of Northbrook Center Y d Addition (Located at 1950 57(11 Avenue North)), and the draft Council resolution. As this request is associated with two other requests under Planning Application No. 2018-001, a separate memorandum has been included to address these requests. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational of/brings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a /mealthj' environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2018- RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-001 SUBMITTED BY GREG HAYES OF EBERT CONSTRUCTION REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF NORTHBROOK CENTER 3RD ADDITION (LOCATED AT 1950 57 TH AVENUE NORTH) WHEREAS, Planning Commission Application No. 2018-001 was submitted by Greg Hayes of Ebert Construction, requesting approval of a Preliminary Plat for a new subdivision to be titled NORTHBROOK CENTER 3 RD ADDITION, which would subdivide an existing 7.32 acre lot into two lots, and WHEREAS, on March 15, 2018, the Planning Commission held a duly called public hearing, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of Northbrook Center 3rd Addition, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2018-001, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 - Platting; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2018-001, as submitted by Greg Hayes of Ebert Construction, requesting approval of the Preliminary Plat to be titled NORTHBROOK CENTER 3RD ADDITION, is hereby approved subject to the following conditions: The proposed subdivision is as follows: Lot 1, Block 1, Northbrook Center 3 Addition (Ebert Construction) —approximately 2.6 acres Lot 2, Block 1, Northbrook Center 3rd Addition (City of Brooklyn Center) —approximately 4.72 acres 2.All recommendations and conditions as noted in the Assistant City Engineer's review memorandum (dated March 6, 2018), review by MnDOT (dated March 14, 2018), and comments provided by Hennepin County in their review (dated March 7, 2018), shall be complied with or completed as part of any final plat approvals. 3.Approval of this plat will be subject to approval of the site and building plan for an indoor commercial storage building, and establishment of a new Planned Unit Development, also filed under Planning Application RESOLUTION NO. No. 2018-001. 4.Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 5.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 6.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 7.An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). March 26, 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. COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Manager lv^'THROUGH: Meg Beckman, Community Development Director çJ1 FROM: Ginny McIntosh, City Planner/Zoning Administrator I3 SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2018-001, Submitted by Greg Hayes of Ebert Construction for Approval of a New Planned Unit Development with New Zoning Classification of PUD-C2 (Planned Unit Development - Commerce) & Development Site Plan for an Indoor Commercial Storage Building (Located at 1950 57th Avenue North) Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the resolution regarding the disposition of Planning Commission Application No. 2018-001, submitted by Greg Hayes of Ebert Construction, for the requested establishment of a new Planned Unit Development (PUD) and approval of the site and building plan for the as proposed four story, 112,000-square foot indoor commercial storage building. Approval is subject to the Applicant/Property Owner complying with the conditions outlined in the Site Plan and Documents Approval Section of the Planning Commission Staff Report dated March 15, 2018 (attached). Background: On March 15, 2018, the Planning Commission conducted a public hearing on Planning Commission Application No. 2018-001, submitted by Greg Hayes of Ebert Construction, for approval of the establishment of a new Planned Unit Development (PUD), which would allow the Applicant flexibility in defining the proposed use and establishment of a minimum parking standard, and site and building plans for the proposed four story, 112,000-square foot indoor commercial storage building. As part of this request, the Subject Property (located at 1950 S7' Avenue North) would require a re-zoning from C2 (Commerce) District to PUD/C2 (Planned Unit Development/Commerce) District. This request is associated with additional requests by the Applicant under Planning Commission Application No. 2018-001 to approve a Preliminary Plat for the Northbrook Center 3 Addition, which would subdivide the existing 7.32 acre Subject Property into two lots. As proposed, the approximately 2.6 acres (proposed Lot 1) would be conveyed to the Applicant, Ebert Construction, and the remaining approximately 4.72 acres (proposed Lot 2) would remain under ownership by the City of Brooklyn Center until a developer was identified at a later time. Full consideration was given under a duly noticed public hearing and mail notifications were sent to surrounding property owners in accordance with the public hearing requirements. No comments (for or against) were initially received, however, upon close of the public hearing, a Our Vista,,: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and recreational offe,ings. It is a safu and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and co,,i,,,if,,zei,t to a healthy environment COUNCIL ITEM MEMORANDUM resident arrived to the meeting and requested to provide input on the proposal. Chair Christensen asked for a motion to re-open the public hearing to allow the resident an opportunity to address the Commission. This motion was passed unanimously. The resident stated that she utilizes Logan Avenue North as a route to her bus stop on 57th Avenue North. She stated that the Subject Property would be better used as a nature preserve or park, and inquired as to whether traffic had been taken into account, as she felt the storage building would increase traffic in that area. As she has been nearly hit by vehicles in the vicinity of Logan Avenue and 57th Avenue North on multiple occasions, she informed the Commission that she is against this proposal. The Applicant, Greg Hayes (Ebert Construction), and the Commission engaged in dialogue regarding the proposed use and the identified soil contamination. The Applicant noted that he has been working with the Minnesota Pollution Control Agency (MPCA) throughout the application process and noted that the MPCA will likely maintain the monitoring wells currently on the site of Outlot A, located to the north of the Subject Property, for at least 10 to 15 more years. This is to ensure that the ground water and soil, which were contaminated due to a dry cleaning operation, are safe. Upon close of the public hearing, the Planning Commission voted 5-2 in favor of the recommendation. Attached for your review are copies of the Planning Commision Staff Report and exhibits dated March 15, 2018, a copy of Planning Commission Resolution No. 2018- 002 (Resolution Regarding the Disposition of Planning Application No. 2018-001 Submitted by Greg Hayes of Ebert Construction for Approval of a New Planned Unit Development with New Zoning Classification of PUD-C2 (Planned Unit Development- Commerce) & Development Site Plan for an Indoor Commercial Storage Building (Located at 1950 57th Avenue North)), and a draft copy of the Council resolution. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment Our Vision: We envision Brooklyn Center as a thriving, diverse corn/rn/nit)' with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2018- RESOLUTION REGARDING THE DISPOSITION OF PLANNING APPLICATION NO. 2018-001 SUBMITTED BY GREG HAYES OF EBERT CONSTRUCTION FOR APPROVAL OF A NEW PLANNED UNIT DEVELOPMENT WITH NEW ZONING CLASSIFICATION OF PUD-C2 (PLANNED UNIT DEVELOPMENT - COMMERCE) & DEVELOPMENT SITE PLAN FOR AN INDOOR COMMERCIAL STORAGE BUILDING (LOCATED AT 195057TH AVENUE NORTH WHEREAS, Planning Application No. 2018-001, submitted by the Greg Hayes of Ebert Construction, requests establishment of a new Planned Unit Development with a Zoning Classification of PUD-C2 (Planned Unit Development - Commerce), and approval of a Development Site Plan for a new indoor commercial storage building, to be located at 1950 57th Avenue North; and WHEREAS, the proposal comprehends the rezoning of the Subject Property to facilitate the planned and future redevelopment of the site with a proposed four-story, 112,000- square foot indoor commercial storage building, along with other associated improvements including, but not limited to parking and drive areas, stormwater management, and landscaping; and WHEREAS, the subject property is identified and guided in the 2030 Comprehensive Plan as T1-I/MIF/OS/RB/PS ("Townhome,", "Multi-Family,", "Office/Service Business," "Retail Business", "Public and Semi-Public"), and the proposed PUD-C2 zoning designation comprehended under this application would be consistent with this underlying land use category; and WHEREAS, on March 15, 2018, the Planning Commission held a duly called public hearing, whereby a planning report was presented and public testimony regarding this proposed planned unit development was received and noted for the official record, and the request was duly considered in light of all testimony received; and WHEREAS, the Planning Commission considered the rezoning comprehended under this Planned Unit Development (PUD) request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance, along with the provisions and standards of the C2 (Commerce) District, as contained in Section 35- 322, along with the provisions and standards of the Planned Unit Development District contained in Section 35-355 of the City's Zoning Ordinance; and WHEREAS, on March 15, 2018, the Planning Commission reviewed and considered the proposed new PUD development plans, which included the new site and building plans for the new four story, 112,000-square foot indoor commercial storage building, elevation plans, and civil plans completed by Mohagen Hansen and Otto Associates, and found the plans to be in order and approved for the Subject Property. RESOLUTION NO. 2018- WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center recommends to the City Council that the rezoning element comprehended under the proposed Planned Unit Development and submitted under Application No. 2018-001 by Greg Hayes of Ebert Construction, may be approved based upon the following findings: a.The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values, and civic pride in this neighborhood area; and provide an opportunity for the currently vacant 57th and Logan site to be invested in; b.The rezoning and its related development proposal will not be a detriment to the neighborhood, and should provide a positive effect on the community; C. The rezoning will facilitate the redevelopment of this site as an indoor commercial storage building, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan, which designates the Subject Property for a mixed range of uses, including OS ("Office/Service Business,") and RB ("Retail Business"); d.The proposed zoning is consistent and compatible with the surrounding land use classifications; e.The proposed rezoning will provide an opportunity for the Subject Property to maintain its underlying C2 (Commerce) District zoning classification with the flexibility of a Planned Unit Development (PUD), allow an approximately 2.6 acre portion of vacant land to be redeveloped into an indoor commercial storage building, and stimulate new investment in the neighborhood and community; f.The Development/Site and Building Plan is compatible with the standards, purposes, and intent of the City's Zoning Ordinance; g.The Development/Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Property, will facilitate the redevelopment and improvement of the site, will allow for the utilization of the land in question in a manner which is compatible with, complementary to, and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; h. The improvements and utilization of the Subject Property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards; and RESOLUTION NO. 2018- i. The Development/Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city, appears to be a good long range use of the existing land, and can be considered an asset to the community. AND WHEREAS, upon due and proper consideration of this matter, and in light of all testimony received, utilizing the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance and the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan, the Planning Advisory Commission formulated a favorable and unanimous recommendation of approval be forwarded to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota, to recommend that Planning Application No. 2018-001, submitted by Greg Hayes of Ebert Construction, and which proposes a new Planned Unit Development with a Zoning Classification of PUD-C2 (Planned Unit Development - Commerce) and a Development Site Plan for a new indoor commercial storage building, located at 1950 57 Avenue North, be approved based on the following conditions: Plat and PUD approval: Approval of the plat and establishment of the new Planned Unit Development are contingent upon final plat approval and successful recording of said plat. No separation of Lot 1, Block 1, Northbrook Center 2" Addition, may occur without separate approval of a subdivision as provided under Chapter 15 of the City Code of Ordinances. a.The proposed subdivision is as follows: Lot 1, Block 1, Northbrook Center 3rdAddtjOfl (Ebert Construction) —approximately 2.6 acres Lot 2, Block 1, Northbrook Center 3rd Addition (City of Brooklyn Center) —approximately 4.72 acres b.All recommendations and conditions as noted in the Assistant City Engineer's review memorandum, dated March 6, 2018, shall be complied with or completed as part of any final plat approvals. c. The final plat shall be subject to the provisions of Chapter 15 (Platting Ordinance). 2. Building and Site Plan and Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Inspector. 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.A pre-construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. Agreements: a. The Property Owner/Developer shall enter into a PUD agreement with the RESOLUTION NO. 2018- City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. b. The owner of the property shall enter into a utility, facilities, and easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. a. A 10-foot drainage and utility easement must be dedicated on the plat around the entire perimeter of the site and over the storm water BMPS treatment areas up to the 100-year event. C. The Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications and standards comprehended under this Site and Building Plan. d. The Developer shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 4. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated March 6, 2018 (Exhibit D). a.A land disturbance (alteration) permit is required. b.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. C. Applicant shall meet all requirements as identified by the Minnesota Pollution Control Agency (MPCA). d.The Applicant shall meet all applicable requirements as identified by Hennepin County in the review dated March 7, 2018 (Exhibit Q. e.The Applicant shall meet all applicable requirements as identified in the review by MnDOT dated March 14, 2018 (Exhibit E). f. The Applicant shall meet all applicable requirements identified as part of the review by the West Mississippi Watershed Commission. Construction Standards: a.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b.The Applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. C. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. RESOLUTION NO. 2018- 6. Facilities and Equipment: a.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. b.The building shall be equipped with automatic fire extinguishing systems meeting NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. C. The proposed 12-foot by 12-foot trash enclosure shall be constructed with building materials that are complementary to the principal building (proposed indoor commercial storage building). Landscaping: All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. a.Per City requirements, an irrigation system is required. b.The contractor shall submit irrigation shop drawings for review and approval prior to installation. 8. Signage: The Applicant shall submit a Building Permit application for any proposed signage as part of the development proposal. Signage is subject to the Chapter 34 (Sign Ordinance). March 26. 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. CEJ \R Al TI1EICEUTIR //1 Planning Commission Report Meeting Date: March 15, 2018 o Application Filed: 02/13/2018 o Review Period (60-day) Deadline: 04/14/2018 o Extension Declared: N/A o Extended Review Period Deadline: N/A Application No. 2018-001 Applicant: Greg Hayes (Ebert Construction) Location: 195057 1h Avenue North Request: (1) Preliminary Plat of the Northbrook Center 3rd Addition (2) Establishment of a Planned Unit Development (3) Site and Building Plan Approval for Construction of a Four Story, 112,000-Square Foot Indoor Commercial Storage Building INTRODUCTION Greg Hayes of Ebert Construction (the "Applicant") is requesting review and consideration of a Preliminary Plat of the Northbrook Center 3rd Addition, which would subdivide an existing 7.32-acre lot into two (2) lots. This request is associated with additional requests by the Applicant to establish a Planned Unit Development (PUD) on approximately 2.6-acres (Lot 1) and approve a site and building plan for the proposed four story, 112,000-square foot indoor commercial storage building. The remaining approximately 4.72 acres (Lot 2) would remain under the ownership by the City of Brooklyn Center (Exhibit A). Although the building and site plan do not require a public hearing, the request for approval of the preliminary plat and establishment of a Planned Unit Development require that a public hearing be scheduled in accordance with Section 35-355 (Planned Unit Developments) of the Brooklyn Center Zoning Ordinance, and Section 15-104 (Preliminary Plan) of the Platting Ordinance. An Affidavit of Publication confirmed publication of the public hearing notice in the Brooklyn Center Sun Post on March 1, 2018 (Exhibit B). Mail notices were also sent to neighboring property owners. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan: TH/M F/OS/RB/PS- Mixed (Townhome, Multi-Family, Office/Service Business, Retail Business, Public and Semi-Public) Neighborhood: Grandview Current Zoning: C2 (Coi iimerce) District Surrounding Zoning: North: C2 (Commerce) District East: R3 and R4 (Multiple Family Residence) Districts South: PUD/C2 (Planned Unit Development/Commerce) and C2 (Commerce) Districts West: Highway 100 and C2 (Commerce) District across Highway 100 App. No. 201-UO1 PC 03/15/2018 Page 1 Site Area: Approximately 7.32 acres, to be subdivided into: Lot 1 (Ebert Construction) —approximately 2.6 acres Lot 2 (City of Brooklyn Center) —approximately 4.72 acres BACKGROUND Subject Property History The Subject Property was formerly home to Northbrook Center and later on, what was known as the Hmong-American Shopping Center. The Subject Property was at one time comprised of five buildings (approximately 77,000-square feet of commercial space), 421 parking spaces, and was almost entirely covered in impervious surfaces. At different points throughout the shopping complex's history, the site was home to such establishments as the Chuckwagon Inn (restaurant), an Asian Grocery Store, fabric store, a hardware store with post office inside, pharmacy, and gas station. Image 1. Northbrook center in 1967 (courtesy of Minnesota Historical Aerial Photographs Online) In 2004, the City's Economic Development Authority adopted EDA Resolution Nos. 2004-10 (Resolution Authorizing the Acquisition of Real Property for Redevelopment Purposes), and 2004-12 (Resolution Authorizing the Acquisition of Real Property for Redevelopment Purposes (Hmong American Shopping Center)), to acquire the entirety of what is known as the 57th and Logan site. This acquisition surrounded concerns relating to the state of and overall dilapidation of the shopping center and conversations held with the principal owner of the majority of properties located on the site at that time as to its redevelopment. The EDA proceeded by filing a Petition in Condemnation and Motion for Transfer of Title and Possessions under Minnesota Statute § 117.042 with the Hennepin County District Court. A 90-Day /App. 140. LU.Lö-Uki! PC 03/15/2018 Page 2 Notice to Vacate and relocation expenses were provided to tenants renting space within the shopping center. Site Contamination and EDA Acquisition Outlot A (5801 Logan Avenue North), located to the north of the Subject Property, is presently the location of Minnesota Pollution Control Agency (MPCA) monitoring wells in place for the ongoing groundwater and vapor investigation of contamination caused by a former dry cleaning operation. In 2003 and 2004, Phase I and II environmental investigations were completed on and around the Subject Property through funding received from Hennepin County and the Federal Environmental Protection Agency (EPA). The results of the Phase II investigation identified chemicals relating to dry cleaning operations in the soil and groundwater near the former dry cleaners on the 57th and Logan site. In 2005, an additional assessment to the site was conducted and involved the collection of soil borings and a well receptor survey of 50 nearby properties. This was completed to further assess and delineate any potential plume of contaminants originating from the former dry cleaning facility on the northern portion of the 57th and Logan site. This study included an additional assessment as to any potential contaminant plume down gradient from the site in the residential neighborhood southeast of the site, and focused on private wells in the area. Following the removal of asbestos from the shopping center, demolition of the shopping center complex occurred in 2005. It was during this time frame that a tank was discovered in the floor of the former dry cleaner site. This tank was used as a repository or collection point for dry cleaning chemicals used as part of the operation. As part of the site's cleanup, the dry cleaning tank was removed from the site and, as mentioned, monitoring wells were installed on Outlot A (located to the north of the Subject Property) to provide ongoing monitoring as to any remaining contamination. The Applicant has been working with MPCA as to their requirements, and has been in consultation with Bay West to conduct vapor gas testing. This testing will help identify what type of under slab ventilation system will be required. The Applicant indicated they would enter into the MPCA's Voluntary Investigation and Cleanup (VIC) program. EDA Sale of Subject Property On August 14, 2017, the City Council/EDA Work Session included a discussion relating to a proposed Letter of Intent with Ebert Construction for commercial development on the northern half of Lot 1, Block 1 of the Northbrook Center 2 nd Addition (1950 57th Avenue North) for a four story, 112,000-square foot indoor commercial storage building. Deliberation was held as to whether the as proposed development plan was compatible with the Economic Development Authority's Targeted Development Strategy for the 57th and Logan site, and whether they wished to proceed with a Letter of Intent and Purchase Agreement for the conveyance of a portion of said property. Given a favorable response from the City's Economic Development Authority (EDA), the EDA subsequently adopted Resolution 2017-11 (Resolution Approving and Authorizing the Execution of a Letter of Intent to Sell the Property Located at 195057th Avenue North). Approval of the aforementioned EDA Resolution was followed by adoption of EDA Resolution No. 2017- 19 (Resolution Approving Purchase Agreement and Conveyance of Approximately 2.5 Acre Portion of Lot 1, Block 1, Northbrook Center 2 n d on November 13, 2017, which authorized the sale of a portion of the 57 th and Logan site. App. No. 2018-001 PC 03/15/2018 Page 3 PRELIMINARY PLAT As part of the City Platting Ordinance requirements, preliminary and final plat approval is required to formally subdivide Lot 1, Block 1, of the Northbrook Center 2 nd Addition, also known as 1950 57 " Avenue North. As proposed, the subdivision would result in the creation of: Lot 1, Block 1, Northbrook Center 3rd Addition (Ebert Construction) —approximately 2.6 acres Lot 2, Block 1, Northbrook Center 3 Addition (City of Brooklyn Center) —approximately 4.72 acres I .ri .4 •1 - --ad Map 1. Existing Lot Configuration of Subject Property. Loucs IT ------------------------------.. .--•-- 'IIJIfflI Map 2. Preliminary Plat for Subject Property (Northbrook center 3 Addition) / :' •4 i•/ L PC 03/15/2018 Page 4 The proposed subdivision would provide the acreage necessary for the Applicant to construct the proposed 112,000-square foot indoor commercial storage building on a 28,000-square foot building footprint on Lot 1 of the proposed Northbrook Center 3"' Addition. Access to the Subject Property would be via driveway that would largely line up with 58th Avenue North. Lot 1 and Lot 2 would be separated by an approximately 75-foot wide drainage and utility easement for Northern States Power Company (Doc. No. 498916). Lot 2 would continue ownership under the City of Brooklyn Center until a developer was identified. As Lot 2 is approximately 4.72 acres in size, there is the possibility of further subdividing Lot 2 in the future. Per comments outlined in a review of the preliminary plat by Hennepin County (Exhibit C), the County expressed support of the proposed access to the Subject Property off Logan Avenue, however, the County discouraged the introduction of any future access points off 57 th Avenue North, as the section of 57th Avenue North located to the south of the Subject Property is above the County's critical crash rate. This request to restrict access to Logan Avenue was echoed by MnDOT in their review (Exhibit E). The County indicated that any future development of proposed Lot 2 (City of Brooklyn Center) utilize an internal access road that would provide ingress and egress via Logan Avenue North. In addition, the County indicated a desire to have 20 feet of the southern half of proposed Lot 2 (City of Brooklyn Center) dedicated as sidewalk, trail, utility, and roadway easement. This request is associated with potential future roadway improvements along 57t) Avenue North. As the Staff Report is focused on the development of proposed Lot 1, consideration of Hennepin County requests regarding Lot 2 would be reserved for a future date. Based on staff findings, staff recommends Planning Commission recommendation of the preliminary/final plat (Northbrook Center 3"' Addition); subject to the Applicant complying with the comments outlined in the Assistant City Engineer's memorandum dated March 6, 2018 (Exhibit 0), MnDOT review dated March 14, 2018 (Exhibit E), and comments relating specifically to Lot 1 in the Hennepin County review dated March 7, 2018 (Exhibit C). ESTABLISHMENT OF A NEW PLANNED UNIT DEVELOPMENT The Applicant has proposed construction of an indoor commercial storage facility on the northern portion of the property known as 1950 57th Avenue North (Subject Property). As part of the proposal, the Applicant is requesting the establishment of a new Planned Unit Development (PUD) to allow flexibility in defining the proposed use and minimum parking requirements for this proposed use. As self-storage units have evolved over the past few years from the typical outdoor storage unit, to indoor, climate controlled mini units with keycard access and office staff, the City's Zoning Ordinance does not currently identify this type of use in the City Ordinance. Given this lack of defined use, the minimum required parking standards are also not outlined in the Zoning Ordinance. Per Section 35-355 (Planned Unit Development) of the City Zoning Ordinance, the purpose of the Planned Unit Development (PUD) district is to, "promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy, and ensure a high quality of design." The section further explains that, "Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35-704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of complementarity of peak parking demands by App. NO. LU1ö-UUI PC 03/15/2018 Page 5 the uses within the PUD." Approval of a PUD requires that the proposed uses are consistent with the City's Comprehensive Plan and that implementation of said PUD be controlled by the submitted development plan. Applicants may combine PUD development plan approval with the site and building plan approval required by Section 35-230 (Plan Approval) of the City Zoning Ordinance by submitting all information required for both simultaneously. The Applicant has submitted sufficient documentation and plans to work through the requests for establishment of a PUD and building and site plan approval simultaneously and as outlined within this staff report. Should the Subject Property receive approval to establish the new PUD, the Subject Property would require re-zoning to identify the establishment of said PUD. Regulations governing uses and structures in PUDs shall be the same as those governing the underlying zoning district with the exception of certain permitted conditions or allowances as imposed or approved by the City Council. In accordance with Section 35-355, the City Council shall base its actions on the PUD rezoning using the following criteria: 1.Compatibility of the plan with the standards, purposes and intent of this section. 2.Consistency of the plan with the goals and policies of the Comprehensive Plan. 3.The impact of the plan on the neighborhood on which it is to be located. 4.The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. As noted by the Applicant, the proposed indoor commercial storage building would typically have office hours from 9 a.m. until 6 p.m., Monday through Friday, and on Saturdays from 10 a.m. to 4 p.m. Customers with rental units would have access to the building through card access seven days per week from the hours of 6 a.m. until 10 p.m. Approval of the site and building plan is contingent upon receiving approval to establish a Planned Unit Development and its subsequent re-zoning. SITE AND BUILDING PLAN APPROVAL In conjunction with the Applicant's request for preliminary plat approval of the Northbrook Center 3 Addition and establishment of a new Planned Unit Development (PUD), which would provide flexibility in defining the proposed use and minimum parking requirements, the Applicant is also requesting approval of the proposed site and building plan for the as proposed indoor commercial storage building. Building Setbacks The minimum building setback requirements within the C2 (Commerce) Zoning District are as follows: Front: 35 feet Rear Yard: 40 feet Side Interior Yard: 10 feet The indoor commercial storage building setbacks are proposed at: Front: 66.7 feet-- Rear Yard: 61.6 feet Side Interior Yard (South): 45 feet facing Logan Avenue As outlined above, the proposed indoor commercial storage building would meet all of the minimum building setback requirements for properties zoned C2 (Commerce) District). App. No. 2018-001 PC 03/15/2018 Page 6 Building and Site Layout The proposed 112,000-square foot indoor commercial storage building would be located on a 28,000- square foot building footprint and rise four stories in height (Exhibit F). As proposed, the northeast corner of the building's main floor would feature an 816-square foot office area (open to the public), break room, utility room, and restroom facilities. Stairwells are indicated at the northeast and southwest corners of the building with an elevator shaft running through the center portion of the proposed building. As noted below, the breakdown of proposed overhead access doors to direct access storage units and the transfer bay are as follows: North Elevation: Four (4) overhead doors East Elevation: No overhead doors—facing Logan Avenue North and residential area South Elevation: Ten (10) overhead doors—facing 57th Avenue North and commercial properties West Elevation: Six (6) overhead doors—facing Highway 100 Two of the four doors located along the north elevation would be utilized by customers for access to the elevator and rental storage units via the approximately 1,600-square foot transfer bay area, and the other two doors for access to private storage units, whereas the ten doors on the south elevation and six doors on the west elevation would all serve as direct access doors to rental storage units. As proposed, there would be 784 total storage units with the majority allocated for the following storage unit sizes: 5-foot by 10-foot (199 units), 10-foot by 10-foot (154 units), and 10-foot by 15-foot (133 units). With the exception of the main floor, floors two through four would be comprised solely of storage units, hallways, and elevator and stairway access points. App. No. 201-001 PC 03/15/2018 Page 7 --- --9- -- -L-e WEST Image 1. Proposed Indoor Commercial Storage Building Elevations As noted above in Image 1 and the attached Exhibit G, the Applicant intends to use a mixture of Class I type exterior building materials in the construction of the proposed indoor commercial storage building. These materials include the use of textured architectural pre-cast concrete panels, architectural metal (ACM) panels, and insulated glass. Horizontal metal sun shades would be installed over a thermally broken storefront system, and the transfer bay area would utilize glass on the oversized, overhead doors located on the north end of the building. Given their size, this should lessen the effects the door size might otherwise have were the doors to be of solid color. There are no plans to build on adjacent Outlot A, and monitoring wells are currently in place to track for contamination initially identified in the 2000s. The remaining smaller, direct access overhead doors would feature a cohesive paint color on the door panels. Although unofficial, the City does reference a set of design guidelines when reviewing site and building plan applications. These guidelines are based on the Shingle Creek Crossing Architectural Design Guidelines, which were approved in 2011. These guidelines strive to have at least 50-percent of all four sides (wall surfaces) on new buildings constructed with Class I materials, with the remaining surfaces to be constructed of Class II materials. While these are guidelines, it is stressed that the Applicant be thoughtful in the design of the building and site. As reference: 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. App. No. 2018-001 PC 03/15/2018 Page 8 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.I.F.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. Access and Parking The Applicant intends to provide site access via a 24-foot wide driveway at the intersection of Logan Avenue North and 58th Avenue North. The proposed drive would wind from the north end of the building to the west before terminating at the south end of the building. No drive aisle is proposed along the east side of the building, and therefore, no overhead doors are proposed for installation along the east elevation. The elimination of the drive access along this elevation is intended to minimize the commercial feel on this side, which faces Logan Avenue and a line of residential housing. As the proposed use and minimum parking standard is not specified in the City Zoning Ordinance, the Applicant provided the locations of other like indoor commercial storage building projects in the Twin Cities metro. Staff researched these locations by referencing their respective City approvals and reviewing aerial imagery when necessary to identify the total square footage of each commercial storage building and their parking allowances. This information is summarized in Table 1 below. Table 1. Parking Requirements for Similar Indoor commercial Storage Buildings in Twin Cities Metro. Indoor Commercial Provided Parking SpacesSquare Feet Parking Storage Building Location (in bold)Required per 1,000 SF 8570 Aspen Lane North—8—Per Brooklyn Park Staff Report 105,444 SF0.076 Brooklyn Park dated 09/13/2017 1315 cope Avenue North—6—Per Maplewood Staff Report 108,150 SF0.055 Maplewood dated 10/19/2016 2960 Empire Lane—Plymouth 11—Per Google Maps 76,430 SF 0.144 12995 Valley View Road—Eden 13—Per example reference in 75,000 SF 0.173 Prairie Minnetonka Staff Report dated October 20, 2016 6250 Olson Memorial 10—Per Google Maps '85,000 SF*0.118 Highway—Golden Valley 4370 Fountain Hills Drive NE—12—Per reference in Prior Lake 95,000 SF 0.126 Prior Lake Staff Report dated March 6, 2017 MN ADA Parking Requirement 1 space required (1 to 25 spaces) Average 10 spaces 90,837 SF 0.115 (Above Locations)(90,837 SF x 0.115 - 1,000) Sources: Greg Hayes (Ebert construction), 2015 Minnesota Accessibility Code, reviews of aerial imagery and municipal staff reports (above). *N o te : Total square footage of Golden valley commercial storage building (Lock Up Storage) based on square footage and similar parking allocations provided for Lock Up location in Plymouth. Based on the calculations noted in Table 1 above, the average number of parking spaces provided across the six provided Twin Cities commercial storage locations is 10 for an average 90,837-square foot building. This is assuming a parking requirement of 0.115 spaces per 1,000—square feet of building. Under this assumption, it can be presumed that the as proposed 112,000-square foot building would require a minimum of approximately 13 parking spaces. The submitted site plan identifies 12 parking spaces, including one ADA accessible space with adjacent loading zone. App. No. 2018-001 PC 03/15/2018 Page 9 Given the provided 1,600-square foot internal loading and unloading area within the transfer bay, staff is comfortable with the as proposed 12 parking spaces. Should parking deficiencies be identified at a later time, the Applicant may need to alter the site plan to incorporate additional parking. Parking spaces must be constructed per City Zoning Code minimum width (8 feet, 8 inches) and length (18 feet) requirements for 90-degree parking. The Applicant identified a typical space width of 9 feet and 20 feet in length on the submitted site plan. The Applicant also intends to maintain the minimum required 24-foot drive aisle throughout the parking area. The Applicant shall work with the Fire Inspector to ensure the site plan meets 2015 Minnesota Fire Code provisions, including, but not limited to: maximum distance from fire hydrants, maximum drive aisle length without turn around (150 feet), direct emergency access to riser/utility room (as site plan specifies building will be fully-sprinkled), any required FDC connection, and turn radius requirements for fire trucks. Per Hennepin County and MnDOT, no additional access points should be located off 57th Avenue North. Instead, future development on Lot 2 (City of Brooklyn Center) should utilize an internal access road that would provide access off Logan Avenue. With this in mind, the Applicant revised their site plan to offer additional green stripping along the southern edge of Lot 1 should an access road ever be constructed in the future. The Applicant otherwise substantially meets the minimum 15-foot green strip requirement along the street right-of-way (Logan Avenue). LIGHTING I TRASH I SCREENING Lighting Per the City Zoning Code, "any new or additional lighting installed to illuminate the storage area must be down-cast, cut-off style light fixtures." The submitted photometric plan notes that all proposed luminaires will be fully shielded and of the cutoff type. The Applicant has also indicated that the proposed lighting would meet the requirements of Section 35-712 (Lighting) of the City Zoning Code by not exceeding three (3) foot candles measured at property lines abutting residentially zoned property, or 10 foot candles measured at the property lines abutting the street right-of-way or non-residentially zoned properties. As is specified, no glare shall emanate from or be visible beyond the boundaries of the illuminated premises. The photometric plan notes that the maximum number of foot candles for any light poles or wall-pack fixtures would be not more than 3.8 foot candles and located towards the interior of the Subject Property. The identified foot candles along the perimeters of the property are identified as zero (0) foot candles. This includes the east side of the property that faces residential housing along Logan Avenue North. The average estimated foot candles throughout the site are 0.4. Per the submitted photometric plan, one light pole fixture is proposed for installation to the north of the parking area and at a height of 20 feet, while seven (7) wall-mounted luminaires would be mounted at select locations along the north, west, and south elevations of the building. No lighting is proposed along the east elevation of the building. Both styles of fixtures are LED with cut-offs, and offer zero uplighting. Trash The site would feature an approximately 12-foot by 12-foot trash enclosure, which would he located approximately 30 feet off the north interior property line and to the east of the parking area. The City App. No. 2018-001 PC 03/15/2018 Page 10 has normally viewed these areas as "accessory structures," which are permitted with a minimum required setback of three (3) feet from side and rear lot lines. Trash enclosures are to be fully enclosed through use of fence or masonry type materials and effectively screen any dumpsters or recycling containers within. Screening The trash enclosure and any other ground mounted equipment (e.g., transformers, mechanical) shall be effectively screened from adjacent public rights-of-way and 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. Per Chapter 12 (Building Maintenance and Occupancy) of the City Code, roof-mounted equipment shall also be screened from view through use of parapets, wall/fencing materials, or paint to match surrounding colors when visible from the public right-of-way. Landscaping The project submittal includes a detailed landscape plan, which illustrates the proposed planting schedule (i.e., trees, shrubs, annuals/perennials, mature size, planting size, root conditions). Although City Code does not have any specific requirements on landscaping, the City has operated under and held new and redeveloped areas to complying with the City's adopted Landscape Point System policy, which assigns points to a given site based on the acreage of a development. The point system requires commercial sites to provide a specific amount or number of landscaping units, and is based on the maximum percentage of certain materials (i.e., 50% shade trees; 40% coniferous trees; 35% decorative trees; and 25% shrubs). Given that the proposed use isn't clearly identified within the Zoning Ordinance, staff has determined that a use of "light industrial" be used for the purposes of the Landscape Point System Policy, as the site will not operate as a retail use (i.e., "Restaurant/Retail/Service/Entertainment/Hotels") and as it does not identify as an "Office," or "Heavy Industrial" type of development. Assuming a 2.6 acre site, the Applicant would need to achieve a minimum of 60 points. Table 2. Landscaoe Point System Policy Planting Type Minimum Size Points Per Planting Maximum Points Points Accrued (%) Shade Trees 2 '/" diameter 10 50% or 30 points 30 (8 trees x 10 = 80) Coniferous Trees5' height 6 40% or 24 points 24 (9 trees x 6 = 54) Decorative Trees 1" diameter 1.5 35% or 21 points 12 (8 trees x 1.5 = 12) Shrubs 12" diameter 0.5 25% or 15 points 14.5 29 shrubs x 0.5 26.5) Total 100% or 60 points 80.5 points As summarized in Table 2 above, the submitted landscape plan is meets and exceeds all of the requirements of the Landscape Point System Policy. As part of the landscaping, daylilies will be provided for foundational plantings, while the main drive into the site will be lined with crab apple trees. White swamp oak and maple trees would line the eastern perimeter of the site facing the residential properties along Logan Avenue North, and Swiss stone pines would congregate towards the southwestern portion of the property (along Highway 100). To provide additional texture and interest, the Applicant intends to plant ornamental grasses, spirea, and dogwood shrubs along the west and App. IMO. LUi-UUi PC 03/15/2018 Page 11 south elevations of the building. The dogwood shrubs will provide even more interest as they are known for their display of red bark through winter and early spring. As part of any approval, the Applicant will need to install an irrigation system and provide shop drawings of the proposed irrigation system for City review. ASSISTANT CITY ENGINEER REVIEW Assistant City Engineer Andrew Hogg conducted a review of the application submittal and documents. Comments regarding this application can be found in the memorandum to city staff and dated March 6, 2018, attached hereto (Exhibit D). It should be noted that some of the outlined conditions may be applicable at time of approval for future land disturbance or building permits. 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 (Alteration) permit, which is reviewed and approved by City engineers, and inspected for completeness by City engineers and building officials. In addition, an MPCA NPDES permit and a review by the West Mississippi Watershed Commission are required. The Applicant must also meet the requirements as outlined in reviews and commentary provided by Hennepin County, MNDOT (Exhibits C and E), and West Mississippi Watershed Commission. If drainage is directed to a MnDOT right-of-way, a drainage permit will be required. As reference, the Applicant, as part of their review, provided a copy of their completed site Stormwater Report (Exhibit H). Per Exhibit D, it is specified that stormwater be filtrated in the BMPs and discharged to the storm sewer, rather than allowing infiltration in cases where sites contain contaminated soils or groundwater. The Applicant shall continue to work with the Minnesota Pollution Control Agency (MPCA) and any requirements they may have. 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. FIRE INSPECTOR REVIEW The Applicant shall work to ensure all 2015 Minnesota Fire Code requirements have been met as part of any building and site plan approval. Per the submitted site plans, the proposed storage building is to be fully-sprinkled. As such, the Fire Department will need emergency access to the proposed riser/utility room. Additional requirements include, but are not limited to: providing sufficient fire hydrants per maximum distance requirements, installation of a Knox-Box, any required FDC connections, and compliance with maximum drive aisle lengths for fire trucks. SIGNAGE Although wall signage is identified in the submitted architectural renderings, no formal requests for approval were made as part of the application submittal. Any new signage, including wall and monument signs, would require conformance with Chapter 34 of the City Code (Sign Ordinance). Any requests beyond the allowances identified in the Sign Ordinance would require that the Applicant apply for and receive approval to deviate from the Sign Ordinance. The Applicant will need to file a separate Building Permit application for any proposed signage. Based on staff findings, staff recommends Planning Commission recommendation of the requested establishment of a Planned Unit Development and approval of site and building plans; subject to the Applicant complying with the comments outlined in the Site Plan and Document Approval Conditions App. No. 2018-001 PC 03/15/2018 Page 12 noted below. SITE PLAN AND DOCUMENTS APPROVAL CONDITIONS Staff recommends the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. 2018-001 for the Subject Property located at 1950 57 " Avenue North: 1. Plat and PUD approval: Approval of the plat and establishment of the new Planned Unit Development are contingent upon final plat approval and successful recording of said plat. No separation of Lot 1, Block 1, Northbrook Center 2 nd Addition, may occur without separate approval of a subdivision as provided under Chapter 15 of the City Code of Ordinances. a.The proposed subdivision is as follows: Lot 1, Block 1, Northbrook Center 3 rd (Ebert Construction) —approximately 2.6 acres Lot 2, Block 1, Northbrook Center 3rd Addition (City of Brooklyn Center) —approximately 4.72 acres b.All recommendations and conditions as noted in the Assistant City Engineer's review memorandum, dated March 6, 2018, shall be complied with or completed as part of any final plat approvals. c. The final plat shall be subject to the provisions of Chapter 15 (Platting Ordinance). 2. Building and Site Plan and Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Inspector. 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.A pre-construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. 3. Agreements: a.The Property Owner/Developer shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. b.The owner of the property shall enter into a utility, facilities, and easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. a. A 10-foot drainage and utility easement must be dedicated on the plat around the entire perimeter of the site and over the storm water BMPS treatment areas up to the 100-year event. App. No. 2018-001 PC 03/15/2018 Page 13 C. The Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications and standards comprehended under this Site and Building Plan. d. The Developer shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 4. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated March 6, 2018 (Exhibit D). a.A land disturbance (alteration) permit is required. b.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. C. Applicant shall meet all requirements as identified by the Minnesota Pollution Control Agency (MPCA). d.The Applicant shall meet all applicable requirements as identified by Hennepin County in the review dated March 7, 2018 (Exhibit C). e.The Applicant shall meet all applicable requirements as identified in the review by MnDOT dated March 14, 2018 (Exhibit E). f. The Applicant shall meet all applicable requirements identified as part of the review by the West Mississippi Watershed Commission. Construction Standards: a.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b.The Applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. C. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 6. Facilities and Equipment: a.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. b.The building shall be equipped with automatic fire extinguishing systems meeting NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. C. The proposed 12-foot by 12-foot trash enclosure shall be constructed with building materials that are complementary to the principal building (proposed indoor commercial storage building). Landscaping: All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. a.Per City requirements, an irrigation system is required. b.The contractor shall submit irrigation shop drawings for review and App. No. 2018-001 PC 03/15/2018 Page 14 approval prior to installation. 8. Signage: The Applicant shall submit a Building Permit application for any proposed signage as part of the development proposal. Signage is subject to the Chapter 34 (Sign Ordinance). RECOMMENDATION Based on the above-noted findings, staff recommends the Planning Commission recommends: The Planning Commission recommends City Council approval of the requested preliminary plat for Northbrook Center 3 rd subject to the Applicant complying with the comments outlined in the Assistant City Engineer's memorandum dated March 6, 2018 (Exhibit D), Hennepin County review dated March 7, 2018 (Exhibit C), and requirements as outlined by MnDOT in their review dated March 14, 2018 (Exhibit E); The Planning Commission recommends City Council approval of the requested establishment of a new Planned Unit Development for the proposed indoor commercial storage building, subject to the Owner/Developer complying with the conditions outlined in the Site Plan and Documents Approval Conditions of this Staff Report; and The Planning Commission recommends City Council approval of the as proposed site and building plans for the Subject Property located at 19505/" Avenue North (Subject Property), subject to the Owner/Developer complying with the conditions outlined in the Site Plan and Documents Approval Conditions of this Staff Report. Should the Planning Commission accept these recommendations, the Commission may elect to adopt the draft resolutions to be provided at the scheduled Planning Commission meeting on March 15, 2018. Attachments Exhibit A- Proposed Preliminary Plat for Northbrook Center 3 rd Addition, prepared by Loucks, dated February 21, 2018. Exhibit B- Affidavit of Publication, published in the Brooklyn Center Sun Post on March 1, 2018. Exhibit C- Hennepin County Preliminary Plat and Site Review, prepared by Chad Ellos, P.E., dated March 7, 2018. Exhibit D-Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated March 6, 2018. Exhibit E-MnDOT Review, prepared by Josh Pansch, dated March 14, 2018. Exhibit F- Civil Set for Proposed Indoor Commercial Storage Building, prepared by Otto Associates, dated February 13, 2018. Exhibit G- Select Architectural Renderings and Interior Plans, prepared by Mohagen Hansen, dated January 29, 2018. Exhibit H- Stormwater Report, prepared by Otto Associates, dated February 12, 2018. App. No. 2018-001 PC 03/15/2018 Page 15 iI I-- NI - - -I N il' It - - - - - - - - - ---- ; N N zl MO I I I I NH v uv. H H EU H I H PJI€ Ow 0 - 0 : 8 8 55 0 w - 1cl E ! 1;2 111 Mil =2^)\, 3,^ 41m, " l I I AFFIDAVIT OF PUBLICATION CITY OFBROOKLYN CENTER STATE OF MINNESOTA ) NOTICE OFSSCOUNTY OF HENNEPIN PUBLIC HEARINGTO WHOM IT MAY CONCERN: Please take notice that the Plan-Darlene MacPherson being duly sworn on an ning Commission of the City of oath, states or affirms that he/she is the Brooklyn Center will hold a public Publisher's Designated Agent of the newspa-hearing on Thursday, March 15, 2018, at approximately 7:00 p.m.,per(s) known as:at Brooklyn Center City Hall, locat- ed at 6301 Shingle Creek Parkway, SP Brooklyn Ctr/Brooklyn Park Brooklyn Center, Minnesota. A defi- nite time for this application to be with the known office of issue being located considered cannot be given as it will depend on the progression ofin the county of:the agenda items. HENNEPIN TYPE OF REQUEST: (1) Prelimi- with additional circulation in the counties of:nary Plat for the Northbrook Center 3rd Addition, (2) Establishment ofHENNEPINa Planned Unit Development, andand has full knowledge of the facts stated (3) Site and Building Plan approval below:for the construction of a four-story, (A)The newspaper has complied with all of 112,000-square foot indoor storage building.the requirements constituting qualifica-PETITIONER: Greg Hayes (Eberttion as a qualified newspaper as provided Construction) by Minn. Stat. §331A.02.PROPERTY NAMED IN THE PE- (B)This Public Notice was printed and pub-TITION: 1950 57th Avenue North PROPERTY ID:lished in said newspaper(s) once each 02-118-21-13-0030week, for 1 successive week(s); the first LEGAL DESCRIPTION: Lot 1, insertion being on 0310112018 and the last Block 1, Northbrook Center 2nd insertion being on 03/01/2018.Addition BRIEF STATEMENT OF CON- TENTS OF PETITION: MORTGAGE FORECLOSURE NOTICES The Applicant Is requesting the Pursuant to Minnesota Stat. §580.033 following approvals: 1. Preliminary Flat of the North-relating to the publication of mortgage brook Center 3rd Addition, whichforeclosure notices: The newspaper complies would subdivide the existing lot with the conditions described in §580.033,into two (2) lots: subd. I, clause (1) or (2). If the newspaper's a.Lot 1 (Ebert Construction) known office of issue is located in a county -2.60 acresb.Lot 2 (City of Brooklyn Center)adjoining the county where the mortgaged -72 acres premises or some part of the mortgaged 2. Establishment of a Planned premises described in the notice are located,Unit Development 3. Site and Building Plana substantial portion of the newspaper's These requests are associatedcirculation is in the latter county.with the Applicant's plans to con- struct a four-story, indoor commer- cial storage building, along with By:',/other associated improvements in- ____________________________________cluding, but not limited to: parking and drive areas, storrnwater man-Designated Agent agement, and landscaping. Questions, comments, state-Subscribed and sworn to or affirmed before ments of support or objections me on 03/0112018 by Darlene MacPherson,should be directed to City Planner I Zoning Administrator Ginny Mcin- tosh at (763)569-3319 or email to gmeintoshfflci.brooklyn-center. mn.us .Auxiliary aids for persons with disabilities are available upon re- quest at least 96 hours In advance. Please contact the City Clerk at (763) 569-3300 to make arrange-Notary Public ments. Respectfully, Ginriy McIntosh Planning Commission Secretary MARLENE M MITCHELL Published In the Public-MinnesotaI Brooklyn Center Sun Post March 1, 2018Notary My Commission Expires Jan31, 2020 787691 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: 146.90 per column inch Ad ID 787691 HE N NE PIN COUNTY MINNESOTA March 7, 2018 Mr. Andrew Hogg Assistant City Engineer City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Re: Preliminary Plat Review - Northbrook Center 3rd Addition (Received 02122118) 57e Avenue North (CSAH 57) © Logan Avenue North Hennepin County Plat Review ID #3667 (Reviewed 02127118) Proposes 1 12,000sf Self-Storage Facility on Lot 1 (2.5 acres). Nothing is currently being proposed for Lot 2 (4.8 acres). Minnesota Statutes 505.03, 505.02 1, and 462.358, Plots and Surveys, allow up to 30 days for county review of preliminaty plots abutting county roads. Dear Mr. Hogg: Please consider the following in your review of this proposal: Access Recommendations We support the proposed access for 'Lot 1' directed to Logan Avenue, We highly recommend directing any and all future access for 'Lot 2' to Logan Avenue as well due to the following reasons: ' We would like to avoid introducing any additional points of conflict as this section of 57111 Avenue is above our critical crash rate o Our access spacing guidelines could not be met along this stretch of 57" Avenue o We would support MnDOT if they were to pursue an extension of their existing access control along 57th Avenue o Providing for future internal connections between 'Lot 1' and 'Lot 2' may benefit site circulation o Access on Logan Avenue should be located a minimum of 250 feet north of the intersection with 57th Avenue Hennepin County Transportation Project Delivery Public Works Facility, 1600 Prairie Drive, Medina, MN 55430 hennepin.us Right-of-Way Request We believe a dedication of 20 feet (up to 10 feet of which could be in the form of a sidewalk/trail/utility easement) is necessary along 57th Avenue (particularly east of Lilac Drive) in order to accommodate the following potential future roadway improvements: • Extension of the existing median to the intersection with Logan Avenue • Eastbound left-turn lane at the intersection with Logan Avenue (depending on trips generated to both the Self-Storage facility and 'Lot 2') The existing corner clip of right-of-way at the intersection of Logan Avenue & 57 th Avenue would thusly need to be shifted to the north Storm Water and Drainage Required Please ensure discharge rates remain less than existing flow rates. The county storm water system will not take water from new drainage areas. Additional treatments may be necessary if flow rates cannot match existing. Questions Contact Drew McGovern at 612-596-0208, drew.mcgovern@henhipin.us . Permits Required Please inform the developer that all construction within county right-of-way requires an approved Hennepin County permit prior to beginning construction. This includes, but is not limited to; driveway and street access, drainage and utility construction, trail development, and landscaping. Comment Please remove and grade all existing curb cuts along Avenue Questions Contact Michael Olmstead at 612-596-0336, michaeLo1mstead@hennepin.us . More information Please contact us for any further discussion of these items. o Bob Byers at (612) 596-0354, ,oberL!yers@heniicpin.us • Jason Gottfried at (612) 596-0394,jqc!n.goItfried@hennepifl.uS Sincerely, Chad Ellos, PE Division Manager, Transportation Planning CE/JDG cc: Tod Sherman, MnDOT; Mark Larsen, Hennepin County Survey Office; Plat Review Committee Hennepin County Property Map Date: 2/23/2018 PARCEL ID: 0211821130030 OWNER NAME: Econ Dev Auth Brooklyn Ctr PARCEL ADDRESS: 1950 57th A N, Brooklyn Center MN 55430 PARCEL AREA: 7.31 acres, 318,641 sq ft A-T-B: Torrens SALE PRICE: SALE DATA: SALE CODE: ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Vacant Land-Commercial HOMESTEAD: Non-Homestead MARKET VALUE: $817,000 TAX TOTAL: $2,043.00 ASSESSED 2017, PAYABLE 2018 PROPERTY TYPE: Vacant Land-commercial HOMESTEAD: Non-homestead MARKET VALUE: $0 Comments: This data (i) Is furnished AS IS with no representation as to completeness or acouracy; (ii) to furnished with no warranty of any kind: and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin county shall not be liable for any damage, injury orioss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2018 n )I r4 [1i - •;!;II!II]_-1Il- In w £ - w o LU OpI'oD Qw L 2 uj Jflt I ' [ t i l l 18j,11,11 im Q1XlOOUO) LI I < 0- k IaL' CII LEI )IuI I DATE: March 6, 2018 TO: Giimy McIntosh, City Planner! Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Site Plan Review —Logan & 57th Ave Public Works Department staff reviewed the following documents submitted for review on February 13, 2018, for the proposed Logan & 57th development: • Civil Site Plans dated February 13, 2018 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.Provide title sheet Cl— Site Plan 2.Use City details for driveway apron and B618. C3 - Ufflitv Plan 3. Coordinate site storm water outlet with MN Dot. C3 - Grading Plan 4. Coordinate site storm water outlet with MN Dot. C4 - Detail and Specifications Plan 5.All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center standard specifications and details. The City's standard details must be included in the plans. Miscellaneous 6.See redlines for additional Site Plan comments. 7.Provide irrigation plan. 8.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. Logan and 57th Ave Page 2 of 3 Site Plan Review Memo, March 6, 2018 9.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). 10.The total disturbed area exceeds one acre, an NPDES permit is required. In addition, the total disturbed area is less than 5 acres; applicant must submit plans to the City of Brooklyn Center for project review on behalf on the West Mississippi Watershed Commission. The MPCA reviewed the site and gave guidance The MPCA requested soil samples to be collected and analyzed. (Email date Feb 20, 2018 from Liz Kaufenberg, see attached). Applicant must meet requirements from the MPCA review. Should the testing determine possible soil contamination issues, applicant must work with city to address. Per watershed rules proposed runoff rates shall remain less than existing runoff rates. Watershed Rule D.3 .h.2.vii. prohibits infiltration on sites containing contaminated soils or groundwater. Storm water shall be filtrated in the BMP's and discharge to the storm sewer. 11.The City has submitted the plans to MN Dot for review. Applicant must meet requirements from the MN Dot review. 12.The City has submitted the plans to Hennepin County for review. Applicant must meet requirements from the Hennepin County review. 13.Applicant must apply for a land disturbance permit. 14.Utility Facilities Easement Agreement required. 15.A 10-ft drainage and utility easement must be dedicated on the plat around the entire perimeter of the site and over the storm water BMP 's treatment areas up to the 100 year event. Prior to issuance of a Land Alteration 16.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. 17.A letter of credit or a cash escrow in the amount of 100% of the estimated cost as determined by City staff shall be deposited with the City. 18.A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non- compliance provisions. A separate $2,500 deposit will be required as part of the non-compliance provision. Logan and 57th Ave Page 3 of 3 Site Plan Review Memo, March 6, 2018 Anticitated Permitting: 19.A City of Brooklyn Center land disturbance permit is required. 20.A MPCA NPDES permit is required. 21.Conditions specified by the City to meet the requirements of the West Mississippi Watershed Commission must be met. 22.Other permits not listed may be required and is the responsibility of the developer to obtain and warranted. 23.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 24.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. Andrew Hogg From: Kaufenberg, Elizabeth (MPCA) <elizabeth.kaufenberg@state.mn.us > Sent: Tuesday, February 20, 2018 2:51 PM To: Andrew Hogg; Ginny McIntosh Cc: Willy Miley; Greg Hayes; Lockrem, Timothy (MPCA); Scheer, Dave (MPCA) Subject: Infiltration Basins for 58th and Logan Redevelopment Site Attachments: BF000061 2_Stormwater Repo rt2Ol 8021 2.pdf Hi Andrew and Ginny, Last week I met with Willy Miley, with Bay West, and Greg Hayes, with Ebert Construction, regarding the 58th and Logan redevelopment site in Brooklyn Center for a proposed self-storage facility. I was requested to review the stormwater report and proposed infiltration basins and provide comments back to you. Upon clarification of the stormwater report review request, MPCA understands Ebert Construction is not looking for a formal approval and understands all liability assumed with the creation of the infiltration basins per the Construction Stormwater permit and MS4 authority the Site is operating under. As such, MPCA requests the following samples be collected during excavation of the infiltrations basins and analyzed for VOCs and PAH5. In addition, please provide the height of the conveyance pipe in each infiltration basin and ensure someone will be present at all times to oversee excavation activities. • Excavated soil collected from each infiltration basin either stockpiled or samples collected as you go o Samples should be collected at a rate of 1 sample per 1,500-2,000 cubic yards of soil excavated • Two bottom soil samples collected for each infiltration basin • If any water infiltrates, a water sample should be collected as well Please feel free to contact me if you have any questions or would like to discuss this further. Thank you, Liz Liz Kaufenberg I Project Manager Superfund MPCA, Remediation Division (651) 757-24811 elizabeth.kaufenberpstate.mn.us M MJNNSOTA POLLUTIONLi CONTROL AGENCY Our mission is to protect and improve the environment and enhance human health. 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J Ph OG : - ______ I ! 0mm0-4 -n m kom H I q 6-U i !1 H p;:;i LL fl!!i IN Nq - - RH fli m 0 - - I r011 -t kIpm - - 10PII- I alttI I - /I ; /aa f4 1i 1 1IN (11 a I I I -r7/a 1'" •aa.0II a a -.N I N0 - N TI -.N-l'o 0N iEI 0 PnIa\-_ It It o.a,a'aA /L.A-Iaaue -i - - - - 1 a,a1 AUMTONS NORTHBROOKI II A::rTi-T-N N 27ATEA I I NI.'-I --- I I I I 1 :'full : : oil a It a a a La aaa aou it zzola a -.a a -I [II Ioilhia o ac aC)- --Lnat -- )EPARTMNi OFI II I CRAMS POiON Metropolitan District Waters Edge Building 1500 County Road B2 West Roseville, MN 55113 March 14t11, 2018 Andrew Hogg City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 SUBJECT: Self-Storage MnDOT Review # P18-0 10 East of MN 100 and North of 57th Brooklyn Center, Hennepin County Control Section 2755 Dear Andrew Hogg, The Minnesota Department of Transportation (MnDOT) has reviewed the above referenced plat in compliance with Minnesota Statute 505.03, subdivision 2, Plats and has the following comments: Planning: To preserve safety and mobility at the MN 100 eastern ramp/57th Avenue, MnDOT recommends that all access to the Self-Storage site be from Logan Avenue. For questions on these comments, please contact Josh Pansch joskpanschstate.mn.us or 651-234- 7795) in MnDOT's Planning section. Bike/Pedestrian: There is a bus stop located on the southern edge of the site on 57th and Logan. MnDOT requests that both street and pedestrian access to the stop remain open and unobstructed. For questions on these comments, please contact Cameron Muhic (cameron.nmhic@state.mn.us or 651- 234-7797) in MnDOT's Multimodal section. Water Resources: If drainage is directed to MnDOT right-of-way, a drainage permit will be needed. There cannot be any increase in drainage to MnDOT right-of-way. Drainage area maps and calculations will need to be submitted with the permit application. Calculations should show the 2, 10, 50, and 100 year events for existing and proposed conditions. For questions on these comments, please contact Hailu Shekur (hailu.shekurstate.mn.us or 651-234- 752 1) in MnDOT's Water Resources section. An equal opportunity employer MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 Permits: Any use of or work within or affecting MnDOT right-of-way requires a permit. Permit forms are available from MnDOT's utility website at: http://vw.dot.state.rnn.us/utilitv/index.html Please include one set of plans formatted to 11X17 with each permit application. Please submit/send all permit applications and 1 lX17plan sets to: inetropennitapps.dotstate.inn.us Please direct any questions regarding permit requirements to Buck Craig (651-234-7911) of MnDOT's Metro Permits Section. Review Submittal Options: MnDOT's goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned around faster. There are four submittal options. Please submit either: 1.One (1) electronic pdf version of the plans. MnDOT can accept the plans via e-mail at provided that each separate e-mail is under 20 megabytes. 2.Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite the review process. Plans can be sent to: MnDOT - Metro District Planning Section Development Reviews Coordinator 1500 West County Road B-2 Roseville, MN 55113 3.One (1) compact disc. 4.Plans can also be submitted to MnDOT's External FTP Site. Please send files to: ftp://ftp2 ,dol.state.rnn.us/pub/incorning/MetroWatersEdge/Planninc Internet Explorer doesn't work using ftp so please use an FTP Client or your Windows Explorer (My Computer). Also, please send a note to metrodevreviews.dot@state.mn.us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review, please contact me at (651) 234-7795. Sincerely, (I Josh Pansch Senior Planner Copy sent via E-Mail: Buck Craig, Permits Nancy Jacobson, Design Cameron Muhic, Multimodal Planning MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 Hailu Shekur, Water Resources Douglas Nelson, Right of Way Chad Erickson, Traffic Chris Hoberg, Area Engineer Rick Bruss, Surveys Russell Owen, Metropolitan Council Jason Gottfried, Hennepin County MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 JL]iE I jaai UL :— JT I /1111110 Li ' a ( ' o tA- a a 1 F a1 aa a m --a-- o IF I 1. "m(J)coOmm Ii0 [1.1 IIH aZZ Z aH.I \ > Logan Avenue m [: - 1 I a a a11 a a a a a r—I aa gaa aa a a a a a aa a a a—" a aP A - t 62'i [ omo 8c In gg I 1 L I. 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(0 5.0.00 (0 o 0.0 -o Q ID lb oo0 00 (0(0 3-CCS -(00- (0 000 (0 (00. 0- to o 0 00- 03 00o 00(00- 0- -o - 0-00 lb 03 (0 00(0(0 (0 00 0 (00- 00 (0 0. (0 (0 0 0- -S QL lb (0 (0 mm a00) rn Sn c_) -+-vu !I!I EL Et 0C o " m o c Oj o.0 It ! J j! F -j 0 e - 2ci ^-w B FQ0 ofl (13 LL 1MI H uI --., -I •I •I I - '-]-______ R MIoo+;,t,iILllibTi1lli1iI STORWATR REPORT 0 0 K LY KF1 CETR SELF 3 TORtGE Brooklyn Center, Minnesota February 12, 2018 Otto Project No. 17-0483 This project includes developing a 2.6 parcel that is being split from an 8.17 acre parcel. This site was previously fully developed (91-100% impervious) but the buildings and parking lots were removed and seeded until redevelopment occurs. A 28,000 square foot building footprint is being proposed for a 4-story storage facility, along with a parking lot and access drives. The Hennepin County Natural Resources map indicates hydrologic group A soils are present. The design infiltration rate from the Minnesota Stormwater Manual for HSG A soils was used for this design. Onsite infiltration tests will be performed in the Spring. The site drains in two directions, northwest to a culvert within State Highway 100 right-of-way and east to storm sewer within Logan Avenue North. Proposed Impervious Area = 1.18 acres Volume Abstraction Required = 1.18 ac x 1" 4,283 cf Volume Abstraction Proposed = 15,234 cf The MIDS calculator results show the proposed design provides 89.6% TP removal and 89.6% TSS removal. Peak runoff flow rates are as follows: RUNOFF (cfs) lYear 2Year 10 Year 100 Year Existing to MnDOT ROW 0 0 0.03 2.44 Proposed to MnDOT ROW 0 0 0.00 2.37 Existing to Logan Avenue No.0 0 0.01 0.62 Proposed to Logan Avenue No.0 0 0.01 0.90 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Cara Schwahn Otto - Reg. No. 40433 Date February 12, 2018 WTTOSSOCIATES Engineers & Land Surveyors, Inc. 9 West Division Street, Buffalo, MN 55313 763-682-4727 Fax 763-682-3522 www.ottoassociates.com 17-0483 Existing Prepared by Microsoft Printed 2/8/2018 HydroCAD® 10.00-20 sIn 03113 @2017 HydroCAD Software Solutions LLC Page 2 Area Listing (all nodes) Area CN Description (acres) (subcatchment-numbers) 2.600 39 >75% Grass cover, Good, HSG A (1 S, 2S) 2.600 39 TOTAL AREA 17-0483 Existing MSE 24-hr 3 14'ear Rain faII=2.48" Prepared by Microsoft Printed 2/8/2018 HydroCAD® 10.00-20 sIn 03113 @2017 HydroCAD Software Solutions LLC Page 3 Summary for Subcatchment IS: El Runoff = 0.00 cfs @ 1.00 hrs, Volume= 0.000 af, Depth= 0.00" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 1.00-100.00 hrs, dt 0.05 hrs MSE 24-hr 3 1-Year Rainfall2.48" Area (ac) CN Description 2.070 39 >75% Grass cover, Good, HSG A 2.070 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/fl) (ft/sec) (cfs) 5.0 Direct Entry, Summary for Subcatchment 2S: E2 Runoff = 0.00 cfs @ 1.00 hrs, Volume 0.000 af, Depth= 0.00" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span 1.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 1-Year Rainfall=2.48" Area (ac) CN Description 0.530 39 >75% Grass cover, Good, HSG A 0.530 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, 17-0483 Existing MSE 24-hr 3 2-Year RainfaII2.86" Prepared by Microsoft Printed 2/8/2018 HydroCAD® 10.00-20 sIn 03113 @2017 HydroCAD Software Solutions LLC Page 4 Summary for Subcatchment IS: El Runoff = 0.00 cfs @ 1.00 hrs, Volume= 0.000 af, Depth= 0.0011 Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 1.00-100.00 hrs, dt 0.05 hrs MSE 24-hr 3 2-Year Rainfall=2.86" Area (ac) CN Description 2.070 39 >75% Grass cover, Good, HSG A 2.070 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/fl) (ft/sec) (cfs) 5.0 Direct Entry, Summary for Subcatchment 2S: E2 Runoff = 0.00 cfs © 1.00 hrs, Volume 0.000 af, Depth 0.00" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 1.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 2-Year Rainfall2.86" Area (ac) CN Description 0.530 39 >75% Grass cover, Good, HSG A 0.530 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, 17-0483 Existing MSE 24-hr 3 10-Year Rainfall=4.26" Prepared by Microsoft Printed 2/8/2018 HydroCAD® 10.00-20 s/n 03113 © 2017 HydroCAD Software Solutions LLC Page 5 Summary for Subcatchment IS: El Runoff = 0.03 cfs @ 13.24 hrs, Volume= 0.013 af, Depth 0.08" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 1.00-100.00 hrs, dt 0.05 hrs MSE 24-hr 3 10-Year Rainfall4.26" Area (ac) CN Description 2.070 39 >75% Grass cover, Good, HSG A 2.070 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Summary for Subcatchment 25: E2 Runoff = 0.01 cfs @ 13.24 hrs, Volume 0.003 af, Depth 0.08" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 1.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 10-Year Rainfall4.26" Area (ac) CN Description 0.530 39 >75% Grass cover, Good, HSG A 0.530 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, 17-0483 Existing MSE 24-hr 3 100-Year Rainfall= 7.32 Prepared by Microsoft Printed 2/8/2018 1-lydroCAD® 10.00-20 s/n 03113 @2017 HydroCAD Software Solutions LLC Pane 6 Summary for Subcatchment IS: El Runoff = 2.44 cfs @ 12.15 hrs, Volume= 0.153 af, Depth= 0.89" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 1.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 100-Year Rainfall7.32" Area (ac) CN Description 2.070 39 >75% Grass cover, Good, HSG A 2.070 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Summary for Subcatchment 2S: E2 Runoff = 0.62 cfs © 12.15 hrs, Volume= 0.039 af, Depth= 0.89" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 1.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 100-Year Rainfall=7.32" Area (ac) CN Description 0.530 39 >75% Grass cover, Good, HSG A 0.530 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, (3S) v ditch (2S ) ^ Z KI is Plc Plc Basin (4S P2 Reach /Z:\ 17-0483 Proposed Prepared by Microsoft Printed 2/12/2018 F-1"JdroCAD® 10.00-20 sIn 03113 @2017 HydroCAD Software Solutions LLC Page 2 Area Listing (all nodes) Area CN Description (acres) (subcatchment-numbers) 1.420 39 >75% Grass cover, Good, HSG A (IS, 2S, 3S, 4S) 1.180 98 Paved parking, HSG A (2S, 3S, 4S) 2.600 66 TOTAL AREA 17-0483 Proposed MSE 24-hr 3 1Year Rain fall=2.48" Prepared by Microsoft Printed 2/12/2018HydroCAD® 10.00-20 sIn 03113 @2017 HydroCAD Software Solutions LLC Page 3 Summary for Subcatchment IS: PI Runoff = 0.00 cfs @ 5.00 hrs, Volume= 0.000 af, Depth= 0.00" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 5.00-100.00 hrs, dt 0.05 hrs MSE 24-hr 3 1-Year RainfaU=2.48" Area (ac) CN Description 0.280 39 >75% Grass cover, Good, HSG A 0.280 100.00% Pervious Area Tc Length Slope Vel mm) (feet) (ft/fl) (ft 5.0 Capacity Description (cfs) Direct Entry, Summary for Subcatchment 2S: PI Runoff = 1.69 cfs @ 12.13 hrs, Volume= 0.078 af, Depth= 0.73" Runoff by SCS TR-20 method, UH=SCS, Weighted-ON, Time Span= 5.00-100.00 hrs, dt 0.05 hrs MSE 24-hr 3 1-Year Rainfall=2.48" Area (ac) CN DescriDtion 0.840 98 Paved parking, HSG A 0.450 39 >75% Grass cover, Good, HSG A 1.290 77 Weighted Average 0.450 34.88% Pervious Area 0.840 65.12% Impervious Area Tc Length Slope Velo mm) (feet) (ft/fl) (ft/s 5.0 Capacity Description (cfs) Direct Entry, Summary for Subcatchment 3S: Plc Runoff = 0.49 cfs @ 12.13 hrs, Volume= 0.024 af, Depth= 0.52" Runoff by SOS TR-20 method, UH=SCS, Weighted-ON, Time Span= 5.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 1-Year Rainfall=2.48" Area (ac) ON DescriDtion 0.310 98 Paved parking, HSG A 0.250 39 >75% Grass cover, Good, HSG A 0.560 72 Weighted Average 0.250 44.64% Pervious Area 0.310 55.36% Impervious Area 17-0483 Proposed MSE 24-hr 3 1 -Year Rain fali=2.48" Prepared by Microsoft Printed 2112/2018 HydroCAD® 10.00-20 sIn 03113 @2017 HydroCAD Software Solutions LLC Page 4 Tc Length Slope Velo Capacity Description un) (feet) (ft/ft) (ft/s (cfs' 5.0 Direct Entry, Summary for Subcatchment 45: P2 Runoff = 0.00 cfs @ 5.00 hrs, Volume 0.000 af, Depth= 0.00" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span 5.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 1-Year Rainfall2.48" Area (ac) CN Description 0.440 39 >75% Grass cover, Good, HSG A 0.030 98 Paved parking, HSG A 0.470 43 Weighted Average 0.440 93.62% Pervious Area 0.030 6.38% Impervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Summary for Reach 5R: To MnDOT ditch Inflow Area = 2.130 ac, 53.99% Impervious, Inflow Depth = 0.00" for 1-Year event Inflow = 0.00 cfs @ 5.00 hrs, Volume 0.000 af Outflow = 0.00 cfs c 5.00 hrs, Volume 0.000 af, Atten= 0%, Lag 0.0 mm Routing by Stor-Ind+Trans method, Time Span= 5.00-100.00 hrs, dt= 0.05 hrs Summary for Pond 6P: Pib Basin Inflow Area = 1.290 ac, 65.12% Impervious, Inflow Depth 0.73" for 1-Year event Inflow = 1.69 cfs 12.13 hrs, Volume 0.078 af Outflow = 0.28 cfs @ 12.54 hrs, Volume 0.078 af, Atten= 83%, Lag 24.9 mm Discarded = 0.28 cfs @ 12.54 hrs, Volume 0.078 af Primary = 0.00 cfs @ 5.00 hrs, Volume 0.000 af Routing by Stor-Ind method, Time Span 5.00-100.00 hrs, dt 0.05 hrs Peak Elev= 843.85' 12.54 hrs Surf.Area 7,646 sf Storage 1,108 cf Plug-Flow detention time= 33.3 min calculated for 0.078 af (100% of inflow) Center-of-Mass det. time= 33.3 mm (865.3 - 832.0) Volume Invert Avail .Storage Storage Description #1 843.70' 21,360 cf Custom Stage Data (Prismatic)Listed below (Recaic) 17-0483 Proposed MSE 24-hr 3 1-Year Rain faII=2.48" Prepared by Microsoft Printed 2/12/2018 HydroCAD® 10.00-20 sIn 03113 @2017 HydroCAD Software Solutions LLC Page 5 Elevation Surf.Area I nc.Store Cum.Store (feet) (sq-ft) (cubic-feet) (cubic-feet) 843.70 7,430 0 0 844.00 7,870 2,295 2,295 845.00 9,530 8,700 10,995 846.00 11,200 10,365 21,360 Device Routing Invert Outlet Devices #1 Discarded 843.70' 1.600 in/hr Exfiltration over Surface area #2 Primary 845.20' 127.0 deg x 4.0' long x 1.00' rise Sharp-Crested Vee/Trap Weir Cv= 2.48 (C 3.10) Discarded OutFlow Max=0.28 cfs @ 12.54 hrs HW843.85' (Free Discharge) t1=ExfiItration (Exfiltration Controls 0.28 cfs) Primary OutFlow Max=0.00 cfs @ 5.00 hrs HW843.70' (Free Discharge) t2=SharpCrested Vee/Trap Weir( Controls 0.00 cfs) Summary for Pond 7P: Plc Basin Inflow Area = 0.560 ac, 55.36% Impervious, Inflow Depth = 0.52" for 1-Year event Inflow = 0.49 cfs @ 12.13 hrs, Volume 0.024 af Outflow = 0.05 cfs @ 13.30 hrs, Volume 0.024 af, Atten 91%, Lag 70.1 mm Discarded = 0.05 cfs @ 13.30 hrs, Volume= 0.024 af Primary = 0.00 cfs @ 5.00 hrs, Volume= 0.000 af Routing by Stor-Ind method, Time Span= 5.00-100.00 hrs, dt= 0.05 hrs Peak Elev 844.55'@ 13.30 hrs Surf.Area= 1,219sf Storage= 442 cf Plug-Flow detention time 109.0 min calculated for 0.024 af(100% of inflow) Center-of-Mass det. time 108.9 mm (956.6 - 847.6) Volume Invert Avail.Storage Storage Description #1 844.00' 3,850 cf Custom Stage Data (PrismaticJsted below (Recalc) Elevation Surf.Area lnc.Store Cum.Store (feet) (sq-ft) (cubic-feet) (cubic-feet) 844.00 400 0 0 845.00 1,900 1,150 1,150 846.00 3,500 2,700 3,850 Device Routing Invert Outlet Devices #1 Discarded 844.00' 1.600 in/hr Exfiltration over Surface area #2 Primary 845.50' 127.0 deg x 4.0' long x 1.00' rise Sharp-Crested Vee/Trap Weir Cv= 2.48 (C= 3.10) Discarded OutFlow Max0.05 cfs @ 13.30 hrs HW=844.55' (Free Discharge) =Exfiltration (Exfiltration Controls 0.05 cfs) Primary OutFlow Max0.00 cfs @ 5.00 hrs HW844.00' (Free Discharge) t2=SharpCrested Vee/Trap Weir( Controls 0.00 cfs) 17-0483 Proposed MSE 24-hr 3 2-Year Rainfall-2.86" Prepared by Microsoft Printed 2/12/2018 HydroCAD® 10.00-20 sIn 03113 @2017 HydroCAD Software Solutions LLC Page 6 Summary for Subcatchment IS: P1 Runoff = 0.00 cfs @ 5.00 hrs, Volume= 0.000 af, Depth= 0.00" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 5.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 2-Year Rainfall2.86" Area (ac) CN Description 0.280 39 >75% Grass cover, Good, HSG A 0.280 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/fl) (ft/sec) (cfs) 5.0 Direct Entry, Summary for Subcatchment 25: PI Runoff = 2.29 cfs @ 12.13 hrs, Volume 0.105 af, Depth= 0.98" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 5.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 2-Year RainfalI2.86" Area (ac) CN Description 0.840 98 Paved parking, HSG A 0.450 39 >75% Grass cover, Good, HSG A 1.290 77 Weighted Average 0.450 34.88% Pervious Area 0.840 65.12% Impervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/fl) (ft/sec) (cfs) 5.0 Direct Entry, Summary for Subcatchment 3S: Plc Runoff = 0.72 cfs @ 12.13 hrs, Volume= 0.034 af, Depth= 0.73" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span 5.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 2-Year RainfalI2.86" Area (ac) CN Description 0.310 98 Paved parking, HSG A 0.250 39 >75% Grass cover, Good, HSG A 0.560 72 Weighted Average 0.250 44.64% Pervious Area 0.310 55.36% Impervious Area 17-0483 Proposed MSE 24-hr 3 2-Year Rain fa112. 86" Prepared by Microsoft Printed 2/12/2018 HydroCAD® 10.00-20 s/n 03113 @2017 HydroCAD Software Solutions LLC Page 7 Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Summary for Subcatchment 4S: P2 Runoff = 0.00 cfs @ 20.36 hrs, Volume= 0.000 af, Depth= 0.00" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 5.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 2-Year Rainfall=2.86" Area (ac' CN Descriotion 0.440 39 >75% Grass cover, Good, HSG A 0.030 98 Paved parking, HSG A 0.470 43 Weighted Average 0.440 93.62% Pervious Area 0.030 6.38% Impervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Summary for Reach 5R: To MnDOT ditch Inflow Area = 2.130 ac, 53.99% Impervious, Inflow Depth = 0.00" for 2-Year event Inflow = 0.00 cfs @ 5.00 hrs, Volume= 0.000 af Outflow = 0.00 cfs @ 5.00 hrs, Volume= 0.000 af, Atten= 0%, Lag= 0.0 mm Routing by Stor-Ind+Trans method, Time Span= 5.00-100.00 hrs, dt= 0.05 hrs Summary for Pond 6P: Pib Basin Inflow Area = 1.290 ac, 65.12% Impervious, Inflow Depth = 0.98" for 2-Year event Inflow =2.29 cfs @ 12.13 hrs,Volume=0.105 af Outflow =0.29 cfs @ 12.62 hrs,Volume=0.105 af, Atten= 87%, Lag= 29.6 mm Discarded =0.29 cfs @ 12.62 hrs,Volume=0.105 af Primary =0.00 cfs @ 5.00 hrs,Volume=0.000 af Routing by Stor-Ind method, Time Span= 5.00-100.00 hrs, dt= 0.05 hrs Peak Elev 843.93'@ 12.62 hrs Surf.Area= 7,764sf Storage= 1,729 cf Plug-Flow detention time= 52.3 min calculated for 0.105 af (100% of inflow) Center-of-Mass det. time= 52.3 mm (877.4 - 825.2) Volume Invert Avail.Storage Storage Description #1 843.70' 21,360 cf Custom Stage Data (PrismaticJsted below (Recalc) 17-0483 Proposed MSE 24-hr 3 2-Year Rain fall=2.86" Prepared by Microsoft Printed 2/12/2018 HydroCAD® 10.00-20 sIn 03113 @2017 HydroCAD Software Solutions LLC Page 8 Elevation Surf.Area lnc.Store Cum.Store (feet) (sq-ft) (cubic-feet) (cubic-feet) 843.70 7,430 0 0 844.00 7,870 2,295 2,295 845.00 9,530 8,700 10,995 846.00 11,200 10,365 21,360 Device Routing Invert Outlet Devices #1 Discarded 843.70' 1.600 in/hr Exfiltration over Surface area #2 Primary 845.20' 127.0 deg x 4.0' long x 1.00' rise Sharp-Crested Vee/Trap Weir Cv= 2.48 (C 3.10) Discarded OutFlow Max0.29 cfs @ 12.62 hrs HW=843.93' (Free Discharge) t__jExfiltration (Exfiltration Controls 0.29 cfs) Primary OutFlow Max0.00 cfs @ 5.00 hrs HW=843.70' (Free Discharge) t...2Sharp..Crested Vee/Trap Weir( Controls 0.00 cfs) Summary for Pond 7P: Plc Basin Inflow Area = 0.560 ac, 55.36% Impervious, Inflow Depth = 0.73" for 2-Year event Inflow = 0.72 cfs @ 12.13 hrs, Volume 0.034 af Outflow = 0.06 cfs @ 13.38 hrs, Volume 0.034 af, Atten= 92%, Lag 74.9 mm Discarded = 0.06 cfs @ 13.38 hrs, Volume 0.034 af Primary = 0.00 cfs 5.00 hrs, Volume 0.000 af Routing by Stor-Ind method, Time Span= 5.00-100.00 hrs, dt= 0.05 hrs Peak EIev 844.73@ 13.38 hrs Surf.Area= 1,493 sf Storage 689 cf Plug-Flow detention time= 145.1 min calculated for 0.034 af(100% of inflow) Center-of-Mass det. time= 145.0 mm (983.6 - 838.6) Volume Invert Avail.Storage Storage Description #1 844.00' 3,850 cf Custom Stage Data (Prismatic)Listed below (Recaic) Elevation Surf.Area lnc.Store Cum.Store (feet) (sq-ft) (cubic-feet) (cubic-feet) 844.00 400 0 0 845.00 1,900 1,150 1,150 846.00 3,500 2,700 3,850 Device Routing Invert Outlet Devices #1 Discarded 844.00' 1.600 in/hr Exfiltration over Surface area #2 Primary 845.50' 127.0 deg x 4.0' long x 1.00' rise Sharp-Crested Vee/Trap Weir Cv= 2.48 (C 3.10) Discarded OutFlow Max0.06 cfs @ 13.38 hrs HW844.73' (Free Discharge) t_1ExfiItration (Exfiltration Controls 0.06 cfs) Primary OutFlow Max0.00 cfs @ 5.00 hrs HW844.00' (Free Discharge) t2Sharp..Crested Vee/Trap Weir( Controls 0.00 cfs) 17-0483 Proposed MSE 24-hr 3 10-Year Rain faII=4.26" Prepared by Microsoft Printed 2/12/2018 HydroCAD® 10.00-20 sIn 03113 @2017 HydroCAD Software Solutions LLC Page 9 Summary for Subcatchment IS: P1 Runoff = 0.00 cfs @ 13.24 hrs, Volume= 0.002 af, Depth= 0.08" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 5.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 10-Year Rainfall4.26" Area (ac) CN Description 0.280 39 >75% Grass cover, Good, HSG A 0.280 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Summary for Subcatchment 2S: P1 Runoff = 4.80 cfs @ 12.12 hrs, Volume= 0.217 af, Depth= 2.02" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 5.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 10-Year Rainfall=4.26" Area (ac) CN Descriotion 0.840 98 Paved parking, HSG A 0.450 39 >75% Grass cover, Good, HSG A 1.290 77 Weighted Average 0.450 34.88% Pervious Area 0.840 65.12% Impervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Summary for Subcatchment 3S: Plc Runoff = 1.69 cfs @ 12.12 hrs, Volume 0.077 af, Depth= 1.65" Runoff by SCS TR-20 method, UHSCS, Weighted-ON, Time Span= 5.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 10-Year Rainfall4.26" Area (ac) ON Descriotion 0.310 98 Paved parking, HSG A 0.250 39 >75% Grass cover, Good, HSG A 0.560 72 Weighted Average 0.250 44.64% Pervious Area 0.310 55.36% Impervious Area 17-0483 Proposed MSE 24-hr 3 10-Year Rain fa114.26" Prepared by Microsoft Printed 2/12/2018 1-lydroCAD0 10.00-20 sIn 03113 @2017 HydroCAD Software Solutions LLC Page 10 Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Summary for Subcatchment 4S: P2 Runoff = 0.03 cfs @ 12.37 hrs, Volume= 0.007 af, Depth 0.17" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 5.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 10-Year Rainfall=4.26" Area (ac) CN Description 0.440 39 >75% Grass cover, Good, HSG A 0.030 98 Paved parking, HSG A 0.470 43 Weighted Average 0.440 93.62% Pervious Area 0.030 6.38% Impervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Summary for Reach 5R: To MnDOT ditch Inflow Area = 2.130 ac, 53.99% Impervious, Inflow Depth = 0.01" for 10-Year event Inflow = 0.00 cfs @ 13.24 hrs, Volume 0.002 af Outflow = 0.00 cfs @ 13.24 hrs, Volume 0.002 af, Atten 0%, Lag= 0.0 mm Routing by Stor-Ind+Trans method, Time Span= 5.00-100.00 hrs, dt= 0.05 hrs Summary for Pond 6P: Pib Basin Inflow Area = 1.290 ac, 65.12% Impervious, Inflow Depth = 2.02" for 10-Year event Inflow = 4.80 cfs @ 12.12 hrs, Volume 0.217 af Outflow = 0.31 cfs t 13.29 hrs, Volume 0.217 af, Atten 94%, Lag= 70.5 mm Discarded = 0.31 cfs @ 13.29 hrs, Volume=0.217 af Primary 0.00 cfs @ 5.00 hrs, Volume 0.000 af Routing by Stor-Ind method, Time Span= 5.00-100.00 hrs, dt= 0.05 hrs Peak Elev= 844.30'@ 13.29 hrs Surf.Area 8,375 Sf Storage 4,765 cf Plug-Flow detention time= 144.9 min calculated for 0.217 af (100% of inflow) Center-of-Mass det. time= 144.8 mm (954.3 - 809.5) Volume Invert Avail .Storage Storage Description #1 843.70' 21,360 cf Custom Stage Data (Prismatic)Listed below (Recaic) 17-0483 Proposed MSE 24-hr 3 10-Year Rain faII=4.26" Prepared by Microsoft Printed 2/12/2018 HydroCAD® 10.00-20 sIn 03113 @ 2017 HydroCAD Software Solutions LLC Page 11 Elevation Surf.Area lnc.Store Cum.Store (feet) (sq-fl) (cubic-feet) (cubic-feet) 843.70 7,430 0 0 844.00 7,870 2,295 2,295 845.00 9,530 8,700 10,995 846.00 11,200 10,365 21,360 Device Routing Invert Outlet Devices #1 Discarded 843.70' 1.600 in/hr Exfiltration over Surface area #2 Primary 845.20' 127.0 deg x 4.0' long x 1.00' rise Sharp-Crested Vee/Trap Weir Cv= 2.48 (0= 3.10) Discarded OutFlow Max=0.31 cfs @ 13.29 hrs HW=844.30' (Free Discharge) Exfiltration (Exfiltration Controls 0.31 cfs) Primary OutFlow Max=0.00 cfs @ 5.00 hrs HW=843.70' (Free Discharge)t_2Sharp..Crested Vee/Trap Weir( Controls 0.00 cfs) Inflow Area = 0.560 ac, 55.36% Impervious, Inflow Depth = 1.65" for 10-Year event Inflow = 1.69 cfs @ 12.12 hrs, Volume= 0.077 af Outflow = 0.09 cfs @ 13.52 hrs, Volume= 0.077 af, Atten= 95%, Lag= 83.9 mm Discarded = 0.09 cfs @ 13.52 hrs, Volume 0.077 af Primary = 0.00 cfs @ 5.00 hrs, Volume 0.000 af Routing by Stor-Ind method, Time Span= 5.00-100.00 hrs, dt 0.05 hrs Peak EIev= 845.34'@ 13.52 hrs Suri.Area= 2,438sf Storage= 1,879 cf Plug-Flow detention time= 256.0 min calculated for 0.077 af (100% of inflow) Center-of-Mass det. time= 256.0 mm (1,075.4-819.4) Volume Invert Avail.Storage Storage Description #1 844.00' 3,850 ci Custom Stage Data (Prismatic)Listed below (Recaic) Elevation Suri.Area Inc.Store Cum.Store (feet) (sq-fl) (cubic-feet) (cubic-feet) 844.00 400 0 0 845.00 1,900 1,150 1,150 846.00 3,500 2,700 3,850 Device Routing Invert Outlet Devices #1 Discarded 844.00' 1.600 in/hr Exfiltration over Surface area #2 Primary 845.50' 127.0 deg x 4.0' long x 1.00' rise Sharp-Crested Vee/Trap Weir Cv= 2.48 (0= 3.10) Discarded OutFlow Max=0.09 cfs @ 13.52 hrs HW845.34' (Free Discharge) =Exfiltration (Exfiltration Controls 0.09 cfs) Primary OutFlow Max0.00 cfs @ 5.00 hrs HW844.00' (Free Discharge)t_2Sharp..Crested Vee/Trap Weir( Controls 0.00 cfs) 17-0483 Proposed MSE 24-hr 3 100-Year Rainfall= 7.32" Prepared by Microsoft Printed 2/12/2018 HydroCAD® 10.00-20 sIn 03113 @2017 HydroCAD Software Solutions LLC PaQe 12 Summary for Subcatchment IS: P1 Runoff = 0.33 cfs @ 12.15 hrs, Volume= 0.021 af, Depth= 0.89" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span 5.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 100-Year RainfalI7.32" Area (ac) CN Description 0.280 39 >75% Grass cover, Good, HSG A 0.280 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Summary for Subcatchment 25: PI Runoff = 10.86 cfs @ 12.12 hrs, Volume= 0.500 af, Depth 4.65" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 5.00-100.00 hrs, dt 0.05 hrs MSE 24-hr 3 100-Year Rainfall7.32" Area (ac' CN Description 0.840 98 Paved parking, HSG A 0.450 39 >75% Grass cover, Good, HSG A 1.290 77 Weighted Average 0.450 34.88% Pervious Area 0.840 65.12% Impervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Summary for Subcatchment 3S: Plc Runoff = 4.21 cfs @ 12.12 hrs, Volume= 0.191 af, Depth= 4.10" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span 5.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 100-Year Rainfall7.32" Area (ac) CN Description 0.310 98 Paved parking, HSG A 0.250 39 >75% Grass cover, Good, HSG A 0.560 72 Weighted Average 0.250 44.64% Pervious Area 0.310 55.36% Impervious Area 17-0483 Proposed MSE 24-hr 3 100-Year Rainfall= 7.32 Prepared by Microsoft Printed 2/12/2018 HydroCAD® 10.00-20 sin 03113 @2017 HydroCAD Software Solutions LLC Page 13 Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Summary for Subcatchment 4S: P2 Runoff 0.90 cfs @ 12.14 hrs, Volume= 0.048 af, Depth= 1.22" Runoff by SCS TR-20 method, UHSCS, Weighted-CN, Time Span= 5.00-100.00 hrs, dt= 0.05 hrs MSE 24-hr 3 100-Year Rainfall=7.32" Area (ac' CN Descriotion 0.440 39 >75% Grass cover, Good, HSG A 0.030 98 Paved parking, HSG A 0.470 43 Weighted Average 0.440 93.62% Pervious Area 0.030 6.38% Impervious Area Tc Length Slope Velocity Capacity Description (mm) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Summary for Reach 5R: To MnDOT ditch Inflow Area = 2.130 ac, 53.99% Impervious, Inflow Depth = 0.58" for 100-Year event Inflow = 2.37 cfs @ 12.21 hrs, Volume= 0.103 af Outflow = 2.37 cfs @ 12.21 hrs, Volume= 0.103 af, Atten= 0%, Lag= 0.0 mm Routing by Stor-lnd+Trans method, Time Span= 5.00-100.00 hrs, dt 0.05 hrs Summary for Pond 6P: P1 b Basin Inflow Area = 1.290 ac, 65.12% Impervious, Inflow Depth = 4.65" for 100-Year event Inflow =10.86 cfs @ 12.12 hrs,Volume=0.500 af Outflow =0.46 cfs @ 13.53 hrs,Volume=0.500 af, Atten= 96%, Lag= 85.1 mm Discarded =0.37 cfs @ 13.53 hrs,Volume=0.495 af Primary =0.09 cfs @ 13.53 hrs,Volume=0.006 af Routing by Stor-Ind method, Time Span= 5.00-100.00 hrs, dt= 0.05 hrs Peak Elev= 845.24'@ 13.53 hrs Surf.Area= 9,925 sf Storage= 13,298 cf Plug-Flow detention time= 363.8 min calculated for 0.500 af (100% of inflow) Center-of-Mass det. time= 363.7 mm (1,156.4 - 792.6) Volume Invert Avail.Storage Storage Description #1 843.70' 21,360 cf Custom Stage Data (Prismatic)Listed below (Recalc) 17-0483 Proposed MSE 24-hr 3 100-Year Rainfall= 7. 32" Prepared by Microsoft Printed 2/12/2018 HydroCAD® 10.00-20 sIn 03113 @2017 HydroCAD Software Solutions LLC Page 14 Elevation (feet) Surf.Area (sq-fl) Inc.Store (cubic-feet) Cum.Store (Cubic-feet) 843.70 7,430 0 0 844.00 7,870 2,295 2,295 845.00 9,530 8,700 10,995 846.00 11,200 10,365 21,360 Device Routing Invert Outlet Devices #1 Discarded 843.70' 1.600 in/hr Exfiltration over Surface area #2 Primary 845.20' 127.0 deg x 4.0' long x 1.00' rise Sharp-Crested VeelTrap Weir Cv= 2.48 (C= 3.10) Discarded OutFlow Max=0.37 cfs @ 13.53 hrs HW845.24' (Free Discharge) t1=Exfiltration (Exfittration Controls 0.37 cfs) Primary OutFlow Max=0.09 cfs @ 13.53 hrs HW=845.24' (Free Discharge) t_2Sharp..Crested Vee/Trap Weir(Weir Controls 0.09 cfs @ 0.59 fps) Summary for Pond 7P: Plc Basin Inflow Area = 0.560 ac, 55.36% Impervious, Inflow Depth = 4.10" for 100-Year event Inflow = 4.21 cfs @ 12.12 hrs, Volume 0.191 af Outflow = 2.27 cfs @ 12.22 hrs, Volume 0.191 at, Atten= 46%, Lag 5.9 mm Discarded = 0.12 cfs @ 12.22 hrs, Volume 0.114 at Primary = 2.15 cfs @ 12.22 his, Volume 0.077 af Routing by Stor-Ind method, Time Span= 5.00-100.00 hrs, dt= 0.05 his Peak Elev= 845.79'@ 12.22 hrs Surf.Area 3,164 sf Storage= 3,150 cf Plug-Flow detention time= 181.6 min calculated for 0.191 at (100% of inflow) Center-of-Mass det. time 181.8 mm (982.2-800.4) Volume Invert Avail.Storaqe Storage Description #1 844.00'3,850 cf Custom Stage Data (Prismatic)Listed below (Recaic) Elevation Surf.Area lnc.Store Cum.Store (feet)(sq-fl)(cubic-feet)(cubic-feet) 844.00 400 0 0 845.00 1,900 1,150 1,150 846,00 3,500 2,700 3,850 Device Routing Invert Outlet Devices #1 Discarded 844.00' 1.600 in/hr Exfiltration over Surface area #2 Primary 845.50' 127.0 deg x 4.0' long x 1.00' rise Sharp-Crested Vee/Trap Weir Cv 2.48 (C= 3.10) Discarded OutFlow MaxO.12 cfs @ 12.22 his HW845.78' (Free Discharge) t._lExfiltration (Exfiltration Controls 0.12 cfs) Primary OutFlow Max2.05 cfs @ 12.22 hrs HW845.78' (Free Discharge) 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'N N= = NN < [ / i24 - 1 L Lo n - P2 -=-\ —* - nue__ u -------.,_._ / ----5" x " \k )5'4 \ / I "• /S\% N S \\ N--. -CssS e GSfrs- 7 11 7 Q) t:j cr 2.ZCD0g 6 0co C-)CD CD C)) 0 (0CD Ill0CD C-)cC Ci)(1)H0 (I)m nit 0ni0) 0z I D<Ci) z .. 2 0 0 ci) uiiiiiiiiimrntlIlIIIIIIllhIlIIIIIIIIlI: IIIIIIIIIIIIIIIIIIIIIuII!II'III'I1IIIII'IIIII'I!!IIIIIIIIIIIIIIlIlIIIIllliII'I1III1IIIIIIIIIIIIi'iiIliIIIIIiIiIIIIIII1IIghilIlIIIIIIIllhIIIIlIIIiI!IliiiiiiiiioiiiiiiiiiviIIIIIiIIIIiIIIlIIiiiIl!III1IIIIIIIIIIIIIIIIIIIIIMEMO1IIIIIIIIIlIIIIlI!1!IIIIII'IIII1IIIIIlIIIII1IIIIIIII1'IIIIIIIIIIIiIiIIllhI'IIIII1I1III'IIi'ilIIIIIIIIIIIIl1IIIIIIIlILIIIIII1IIIIIIIII1II1II'IIIIIIIIIIIIIIIIIIIIIIlIL w CD o co 0Cl) 0 Commissioner Koenig introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2018-001 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-001 SUBMITTED BY GREG HAYES OF EBERT CONSTRUCTION, REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF NORTHBROOK CENTER 3 ADDITION LOCATED AT 1950 57 AVENUE NORTH) WHEREAS, Planning Commission Application No. 2018-001 was submitted by Greg Hayes of Ebert Construction, requesting approval of a Preliminary Plat of a new subdivision to be titled NORTHBROOK CENTER 3 RD ADDITION, which would subdivide an existing 7.32 acre lot into two lots, and WHEREAS, on March 15, 2018, the Planning Commission held a duly called public hearing, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of Northbrook Center 3rd Addition, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2018-001, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 - Platting; and NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center does hereby recommend to the City Council that Application No. 2018-001, as submitted by Greg Hayes of Ebert Construction, and requesting Preliminary Plat consideration of a new subdivision to be titled NORTHBROOK CENTER 3R1) ADDITION, may be approved based upon the following conditions: 1.The proposed subdivision is as follows: Lot 1, Block 1, Northbrook Center 3"d Addition (Ebert Construction) —approximately 2.6 acres Lot 2, Block 1, Northbrook Center 3' Addition (City of Brooklyn Center) —approximately 4.72 acres 2.All recommendations and conditions as noted in the Assistant City Engineer's review memorandum (dated March 6, 2018), review by MnDOT (dated March 14, 2018), and comments provided by Hennepin County in their review (dated March 7, 2018), shall be complied with or completed as part of any final plat approvals. 3. Approval of this plat will be subject to approval of the site and building plan for an indoor commercial storage building, and establishment of a new Planned Unit Development, also filed under Planning Application No. 2018-001. PC RESOLUTION NO. 2018-001 4. Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 6.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 7.An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). March 15, 2018 Date I Ranifbhristensen, Chair ATTEST: M.A Gmny McIntosh,'Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Susan Tade and upon vote being taken thereon, the following voted in favor thereof: Alexander Koenig, John MacMillan, Stephen Schonning, Rochelle Sweeney, Susan Tade, Abraham Rizvi, and Randall Christensen and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Commissioner Koenig introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2018-002 RESOLUTION REGARDING THE DISPOSITION OF PLANNING APPLICATION NO. 2018-001 SUBMITTED BY GREG HAYES OF EBERT CONSTRUCTION FOR APPROVAL OF A NEW PLANNED UNIT DEVELOPMENT WITH NEW ZONING CLASSIFICATION OF PUD-C2 (PLANNED UNIT DEVELOPMENT - COMMERCE) & DEVELOPMENT SITE PLAN FOR AN INDOOR COMMERCIAL STORAGE BUILDING (LOCATED AT 195057TH AVENUE NORTH) WHEREAS, Planning Application No. 2018-001, submitted by the Greg Hayes of Ebert Construction, requests establishment of a new Planned Unit Development with a Zoning Classification of PUD-C2 (Planned Unit Development - Commerce), and approval of a Development Site Plan for a new indoor commercial storage building, to be located at 1950 57th Avenue North; and WHEREAS, the proposal comprehends the rezoning of the Subject Property to facilitate the planned and future redevelopment of the site with a proposed four-story, 112,000- square foot indoor commercial storage building, along with other associated improvements including, but not limited to parking and drive areas, stormwater management, and landscaping; and WHEREAS, the subject property is identified and guided in the 2030 Comprehensive Plan as THIMF/OS/RBIPS ("Townhome,", "Multi-Family,", "Office/Service Business," "Retail Business", "Public and Semi-Public"), and the proposed PUD-C2 zoning designation comprehended under this application would be consistent with this underlying land use category; and WHEREAS, on March 15, 2018, the Planning Commission held a duly called public hearing, whereby a planning report was presented and public testimony regarding this proposed planned unit development was received and noted for the official record, and the request was duly considered in light of all testimony received; and WHEREAS, the Planning Commission considered the rezoning comprehended under this Planned Unit Development (PUD) request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance, along with the provisions and standards of the C2 (Commerce) District, as contained in Section 35- 322, along with the provisions and standards of the Planned Unit Development District contained in Section 35-355 of the City's Zoning Ordinance; and WHEREAS, on March 15, 2018, the Planning Commission reviewed and considered the proposed new PUD development plans, which included the new site and building plans for the new four story, 112,000-square foot indoor commercial storage building, elevation plans, and civil plans completed by Mohagen Hansen and Otto Associates, and found the plans to be in order and approved for the Subject Property. PC RESOLUTION NO. 2018-002 WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center recommends to the City Council that the rezoning element comprehended under the proposed Planned Unit Development and submitted under Application No. 2018-001 by Greg Hayes of Ebert Construction, may be approved based upon the following findings: a.The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values, and civic pride in this neighborhood area; and provide an opportunity for the currently vacant 57th and Logan site to be invested in; b.The rezoning and its related development proposal will not be a detriment to the neighborhood, and should provide a positive effect on the community; C. The rezoning will facilitate the redevelopment of this site as an indoor commercial storage building, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan, which designates the Subject Property for a mixed range of uses, including OS ("Office/Service Business,") and RB ("Retail Business"); d. The proposed zoning is consistent and compatible with the surrounding land use classifications; The proposed rezoning will provide an opportunity for the Subject Property to maintain its underlying C2 (Commerce) District zoning classification with the flexibility of a Planned Unit Development (PUD), allow an approximately 2.6 acre portion of vacant land to be redeveloped into an indoor commercial storage building, and stimulate new investment in the neighborhood and community; f.The Development/Site and Building Plan is compatible with the standards, purposes, and intent of the City's Zoning Ordinance; g.The Development/Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Property, will facilitate the redevelopment and improvement of the site, will allow for the utilization of the land in question in a manner which is compatible with, complementary to, and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; h. The improvements and utilization of the Subject Property as proposed under the planned redevelopment of this site is considered a reasonable use of the PC RESOLUTION NO. 2018-002 property and will conform with ordinance standards; and i. The Development/Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city, appears to be a good long range use of the existing land, and can be considered an asset to the community. AND WHEREAS, upon due and proper consideration of this matter, and in light of all testimony received, utilizing the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance and the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan, the Planning Advisory Commission formulated a favorable and unanimous recommendation of approval be forwarded to the City Council. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2018-001, submitted by Greg Hayes of Ebert Construction, which proposes a new Planned Unit Development with a Zoning Classification of PUD-C2 (Planned Unit Development - Commerce) and a Development Site Plan for a new indoor commercial storage building, located at 1950 57l Avenue North, be approved based on the following conditions: 1. Plat and PUD approval: Approval of the plat and establishment of the new Planned Unit Development are contingent upon final plat approval and successful recording of said plat. No separation of Lot 1, Block 1, Northbrook Center 2' Addition, may occur without separate approval of a subdivision as provided under Chapter 15 of the City Code of Ordinances. a.The proposed subdivision is as follows: Lot 1 1 Block 1, Northbrook Center 3" Addition (Ebert Construction) —approximately 2.6 acres Lot 21 Block], Northbrook Center 3'd Addition (City of Brooklyn Center) —approximately 4.72 acres b.All recommendations and conditions as noted in the Assistant City Engineer's review memorandum, dated March 6, 2018, shall be complied with or completed as part of any final plat approvals. c. The final plat shall be subject to the provisions of Chapter 15 (Platting Ordinance). Building and Site Plan and Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Inspector. 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.A pre-construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. PC RESOLUTION NO. 2018-002 Agreements: a.The Property Owner/Developer shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. b.The owner of the property shall enter into a utility, facilities, and easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. a. A 10-foot drainage and utility easement must be dedicated on the plat around the entire perimeter of the site and over the storm water BMPS treatment areas up to the 100-year event. C. The Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications and standards comprehended under this Site and Building Plan. d. The Developer shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated March 6, 2018 (Exhibit D). a.A land disturbance (alteration) permit is required. b.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. C. Applicant shall meet all requirements as identified by the Minnesota Pollution Control Agency (MPCA). d.The Applicant shall meet all applicable requirements as identified by Hennepin County in the review dated March 7, 2018 (Exhibit C). e.The Applicant shall meet all applicable requirements as identified in the review by MnDOT dated March 14, 2018 (Exhibit E). f. The Applicant shall meet all applicable requirements identified as part of the review by the West Mississippi Watershed Commission. 5. Construction Standards: a.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b.The Applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. C. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. PC RESOLUTION NO. 2018-002 6. Facilities and Equipment: a.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. b.The building shall be equipped with automatic fire extinguishing systems meeting NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. C. The proposed 12-foot by 12-foot trash enclosure shall be constructed with building materials that are complementary to the principal building (proposed indoor commercial storage building). 7. Landscaping: All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. a.Per City requirements, an irrigation system is required. b.The contractor shall submit irrigation shop drawings for review and approval prior to installation. 8. Signage: The Applicant shall submit a Building Permit application for any proposed signage as part of the development proposal. Signage is subject to the Chapter 34 (Sign Ordinance) March _15,_2018 Date Randall Christensen, Chair ATTEST: '2 Ginny MclntoshSecretary The motion for the adoption of the foregoing resolution was duly seconded by member Tade and upon vote being taken thereon, the following voted in favor thereof: Alexander Koenig, Susan Tade, John MacMillan, Rochelle Sweeney, and Randall Christensen and the following voted against the same: Stephen Schonning and Abraham Rizvi whereupon said resolution was declared duly passed and adopted. Ebert Construction Item 9.a REQUEST: (1)Preliminary Plat (2)Establishment of new PUD (3)Site and Building Plan City Council Meeting of 03/26/2018 Existing Conditions Source: Google Maps Looking west towards Highway 100 Looking southwest from Logan Avenue North Looking north from 57th Avenue North Subject Property History Source: MHAPO Property was formerly home to Northbrook Center (shopping complex), and later on, the Hmong- American Shopping Center. Environmental investigations were completed in 2003 and 2004, with additional assessments in 2005 Funding was received from Hennepin County and the Federal Environmental Protection Agency (EPA) Tank was discovered in floor of former dry cleaner site— tank was later removed as part of clean up operations. City/EDA acquired the property in 2005 Filed a Petition in Condemnation and Motion for Transfer of Title and Possessions (MN Statute 117.042) with Hennepin County District Court Property was vacated and tenants were provided with relocation expenses LOI was received by EDA from Ebert Construction in 2017 EDA approved Resolution Nos. 2017-11 and 2017- 19, which approved a Purchase Agreement and conveyance for approximately 2.5 acres of Subject Property Background & Request Applicant is requesting approval of: (1) Preliminary Plat of Northbrook Center 3rd Addition Lot 1 (Ebert Construction)—2.6 acres Lot 2 (City of Brooklyn Center) —4.72 acres Approximately 75 foot wide drainage and utility easement runs between two proposed lots Access to north lot (Lot 1) would be near intersection of Logan Avenue North and 58th Avenue North Per Hennepin County and MnDOT, access to future development on Lot 2 would be via Logan Avenue North This section of 57th Avenue North is above Hennepin County’s established “Critical Crash Rate” Outlot A (to the north) has monitoring wells on site for contamination identified in 2000s by MPCA 2 1 Source: Loucks Outlot A Background & Request (Cont.) Applicant is requesting approval of: (2) Approval of a new Planned Unit Development Allow construction of a 112,000-square foot indoor commercial storage building Proposed office hours: 9 a.m. until 6 p.m. (Monday through Friday), and 10 a.m. until 4 p.m. (Saturday) Customer access hours: 7 days per week, 6 a.m. until 10 p.m. PUD Rezoning Property currently zoned C2 (Commerce) District Applicant is requesting re-zoning to PUD/C2 to allow flexibility in the defining of: The proposed use (indoor commercial storage building)—as it is currently not defined in the Zoning Ordinance Emergence of new style “self-storage” units utilizing climate-controlled, indoor environments, and key card access. Establishing minimum parking standards for the proposed use Per Section 35-355 (Planned Unit Development) of the City Zoning Ordinance, the purpose of the Planned Unit Development (PUD) district is to, “Promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy, and ensure a high quality of design.” The section further explains that, “Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35-704 of this ordinance unless the developer can demonstrate to the City’s satisfaction that a lesser standard should be permitted on the grounds of complementarity of peak parking demands by the uses within the PUD.” Background & Request (Cont.) Approval of a PUD requires that the proposed uses are consistent with the City’s Comprehensive Plan and that implementation of said PUD be controlled by the submitted development plan. 2030 Comprehensive Plan identifies the site as: TH/MF/OS/RB/PS- Mixed (Townhome, Multi-Family, Office/Service Business, Retail Business, Public and Semi-Public) In accordance with Section 35-355, the City Council shall base its actions on the PUD rezoning using the following criteria: Compatibility of the plan with the standards, purposes and intent of this section Consistency of the plan with the goals and policies of the Comprehensive Plan The impact of the plan on the neighborhood on which it is to be located The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping Background & Request (Cont.) Applicant is requesting approval of: (3) Site and Building Plan Four story, 112,000-square foot building 28,000-square foot building footprint As proposed, would meet all minimum setback requirements for a C2 (Commerce) District property 1st floor- office area (open to public), break room, utility room, restrooms, and ~1,600-square foot transfer bay area 2nd through 4th floors- storage units, hallways, stair and elevator access Top Unit Breakdown (784 units total): 5x10 (199 units), 10x10 (154 units), and 10x15 (133 units) Overhead Door Breakdown (20 total): North Elevation: Four (4) overhead doors East Elevation: No overhead doors—facing Logan Avenue North and residential area South Elevation: Ten (10) overhead doors—facing 57th Avenue North and commercial properties West Elevation: Six (6) overhead doors—facing Highway 100 Building Materials North Elevation South Elevation East Elevation West Elevation Building Materials Applicant intends to use mixture of Class I type exterior building materials Textured architectural pre-cast concrete panels Architectural Metal (ACM) panels Insulated glass/Thermally Broken Storefront System Accented with horizontal metal sun shades over windows (Thermally Broken Storefront System) 20 overhead doors Source: Mohagen Hansen Access and Parking Access Proposed driveway access off Logan Avenue North and 58th Avenue North No drive aisle is proposed for the east elevation of the building (facing residential properties) Minimum green strip of 15 feet along Logan Avenue is met per plans Applicant altered plans to provide additional green stripping along south end of property—both Hennepin County and MnDOT recommended that any development on Lot 2 (City of Brooklyn Center) be routed via internal access road to Logan Avenue North, rather than 57th Avenue North. Parking Part of request to establish PUD is to determine minimum parking requirements for the proposed use Applicant provided addresses of like indoor commercial storage buildings in Twin Cities. Per research by staff, the following was determined: Indoor Commercial Storage Building Location Provided Parking Spaces (in bold) Square Feet Parking Required per 1,000 SF 8570 Aspen Lane North— Brooklyn Park 8—Per Brooklyn Park Staff Report dated 09/13/2017 105,444 SF 0.076 1315 Cope Avenue North— Maplewood 6—Per Maplewood Staff Report dated 10/19/2016 108,150 SF 0.055 2960 Empire Lane—Plymouth 11—Per Google Maps 76,430 SF 0.144 12995 Valley View Road—Eden Prairie 13—Per example reference in Minnetonka Staff Report dated October 20, 2016 75,000 SF 0.173 6250 Olson Memorial Highway—Golden Valley 10—Per Google Maps ~85,000 SF* 0.118 4370 Fountain Hills Drive NE— Prior Lake 12—Per reference in Prior Lake Staff Report dated March 6, 2017 95,000 SF 0.126 MN ADA Parking Requirement (1 to 25 spaces) 1 space required -- Average (Above Locations) 10 spaces (90,837 SF x 0.115 ÷ 1,000) 90,837 SF 0.115 Based on the calculations: Average of 10 spaces for a 90,837- square foot building (0.115 spaces per 1,000 SF). Required per Parking Standard: 12.88 spaces As proposed: 12 parking spaces Lighting | Trash | Screening Lighting Per City Code, lighting is to be down-cast, with cut-off style fixtures. Maximum foot-candles permitted at property lines abutting residentially-zoned properties is: 3 foot-candles As proposed, the average estimated foot-candles throughout site is 0.4. The maximum noted foot-candles are 3.8. One (1) light pole is proposed north of parking area at a height of 20 feet Seven (7) wall-mounted building lights would be mounted along the north, west, and east sides of the building. No lighting is proposed along Logan Avenue North (facing residential). Trash One 12-foot by 12-foot trash enclosure is proposed east of the parking area (30 feet south of the north property line). Enclosure must be fully screened. Screening Trash enclosure and any other ground mounted equipment shall be screened from public right-of-way, as well as any roof- mounted equipment (visible from public right-of-way). Landscaping Minimum landscaping requirements were identified utilizing the City’s Landscape Point System Policy. Staff made determination to base calculations of “light industrial” use, given that the proposed use will not operate as “retail, restaurant, service, entertainment, hotels,” “office,” or “heavy industrial.” A 2.6 acre site requires that a minimum of 60 points be achieved. Planting Type Minimum Size Points Per Planting Maximum Points (%) Points Accrued Shade Trees 2 ½” diameter 10 50% or 30 points 30 (8 trees x 10 = 80) Coniferous Trees 5’ height 6 40% or 24 points 24 (9 trees x 6 = 54) Decorative Trees 1” diameter 1.5 35% or 21 points 12 (8 trees x 1.5 = 12) Shrubs 12” diameter 0.5 25% or 15 points 14.5 29 shrubs x 0.5 = 26.5) Total 100% or 60 points 80.5 points The submitted Landscape Plan meets and exceeds all requirements under this Policy. An irrigation system is required to be installed—shop drawings of the proposed system are to be submitted to the City for review. Findings Request #1: Preliminary Plat (Northbrook Center 3rd Addition) – Proposed Plat is in general conformance with the Chapter 15 (Platting) of the City Code. Request #2: Establishment of a Planned Unit Development– As evaluated as per Section 35-355 (Planned Unit Development), Section 35-208 (Rezoning), and City’s Comprehensive Plan: The rezoning will facilitate the redevelopment of this site as an indoor commercial storage building and is compatible with the goals and policies of the City’s Comprehensive Plan and underlying land use plan, which designates the Subject Property for a mix of uses, including: “office/service business,” and “retail business.” The proposed zoning is consistent and compatible with the surrounding land use classifications to the south and west; The proposed rezoning will provide an opportunity for the Subject Property to maintain its underlying C2 (Commerce) District zoning classification with the flexibility of a Planned Unit Development (PUD), and allow a portion of the City- owned 57th and Logan site to be redeveloped as an indoor commercial storage facility, which will have less of a traffic impact on the neighboring residential neighborhoods located east of the Subject Property, while stimulating new investment in the neighborhood and community; The improvements and utilization of the Subject Property as proposed under the planned redevelopment of this site is considered a reasonable use of the property, particularly given Outlot A (to the north), and will conform with ordinance standards Request #3: Site and Building Plan— In general conformance with Chapter 35 (Zoning) of the City Code regarding proposed setbacks and green strips. The proposed use and minimum identified parking standards are outlined in above Request #2. Summary A Public Hearing was held at the Planning Commission meeting on March 15th for the three requests A public notice was published in the Brooklyn Center Sun Post on March 1, 2018 Notices were mailed to surrounding property owners No comments or objections were received from the public regarding the preliminary plat, however, concerns were relayed by a resident regarding the proposed construction of the indoor commercial storage building. Specifically, there were concerns relating to: Increased traffic and overall safety of pedestrians in vicinity of 57th Avenue North and Logan Avenue North The best use of the Subject Property Alternate use as a nature or dog park (lower traffic use) Discussion was held regarding proposed use and identified soil contamination The Planning Commission recommended approval of the preliminary plat to the City Council in a 7-0 (unanimous) vote—PC Resolution No. 2018-001 The Planning Commission recommended approval of the establishment of Planned Unit Development (PUD) and site and building plan to the City Council in a 5-2 vote—PC Resolution No. 2018-002 Recommendation Based on the aforementioned findings the Planning Commission recommends City Council adopt the resolutions regarding the recommended disposition of Planning Application No. 2018-001 submitted by Greg Hayes of Ebert Construction, for approval of: 1.The Preliminary Plat for Northbrook Center 3rd Addition (Located at 1950 57th Avenue North); 2.A New Planned Unit Development with New Zoning Classification of PUD/C2 (Planned Unit Development/Commerce); and 3.Site and Building Approval for the as proposed indoor commercial storage building and other site improvements. City Council Agenda Item No. 9b COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Man THROUGH: Meg Beckman, Community Development Director FROM: Ginny McIntosh, City Planner/Zoning Administrator SUBJECT: Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2018-002, Submitted by Tashitaa Tufaa of Mississippi Valley Properties, LLC., for Approval of a Site and Building Plan and Issuance of a Special Use Permit to Convert a Former Bowling Alley and Restaurant into an Event Center in the C2 (Commerce) District (Located at 6440 James Circle North) Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the resolution regarding the disposition of Planning Commission Application No. 2018-002, submitted by Tashitaa Tufaa of Mississippi Valley Properties, LLC., for the requested issuance of a Special Use Permit and approval of the site and building plan for an event center. Approval is subject to the Applicant/Property Owner complying with the conditions outlined in the Site Plan and Documents Approval Section of the Planning Commission Staff Report dated March 15, 2018 (attached). Background: On March 15, 2018, the Planning Commission conducted a public hearing on Planning Commission Application No. 2018-002, submitted by Tashitaa Tufaa of Mississippi Valley Properties, LLC., for the requested issuance of Special Use Permit and approval of site and building plans for an event center with ancillary restaurant and bar and other associated exterior improvements in an existing 35,462-square foot building. Full consideration was given under a duly noticed public hearing and mail notifications were sent to surrounding property owners in accordance with the public hearing requirements. One resident in attendance at the meeting expressed support of the proposed event center, and noted that it would provide an additional amenity to the community. Upon close of the public hearing, the Planning Commission voted unanimously in favor of the recommendation. Attached for your review are copies of the Planning Commission Staff Report and exhibits dated March 15, 2018, a copy of Planning Commission Resolution No. 2018-003 (Resolution Regarding the Disposition of Planning Application No. 2018-002 Submitted by Tashitaa Tufaa of Mississippi Valley Properties, LLC., for Approval of a Site and Building Plan and Issuance of a Special Use Permit to Convert a Former Bowling Alley and Restaurant into an Event Center in the C2 (Commerce) District (Located at 6440 James Circle North)), and a draft copy of the Council resolution. Our Vision: lYe envision Brooklyn Center as a thriving, diverse community u'itli afull range of housing, business, cultural and recreational ofJrings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy clue to its convenient location and commitment to a healthy environment COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment Our Vision: Me envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2018- RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-002 SUBMITTED BY TASHITAA TUFAA OF MISSISSIPPI VALLEY PROPERTIES, LLC, FOR APPROVAL OF A SITE AND BUILDING PLAN AND ISSUANCE OF A SPECIAL USE PERMIT TO CONVERT A FORMER BOWLING ALLEY AND RESTAURANT INTO AN EVENT CENTER IN THE C2 (COMMERCE) DISTRICT (LOCATED AT 6440 JAMES CIRCLE NORTH) WHEREAS, Planning Commission Application No. 2018-002, submitted by Tashitaa Tufaa of Mississippi Valley Properties, LLC ("Applicant/Owner") requests approval of a site and building plan and issuance of a special use permit allowing a former bowling alley and restaurant to be converted into an event center, with ancillary restaurant and bar, and other associated exterior improvements, in an existing 35,462- square foot building located at 6440 James Circle North ("Subject Property"); and WHEREAS, the Subject Property is situated in the C2 (Commerce) District and pursuant to City Code Section 35-322; Subpart 3, "Eating establishments offering live entertainment; recreation and amusement places such as motion picture theaters and legitimate theater; sports arenas; bowling alleys, skating rinks, and gymnasiums, all provided they do not abut an RI, R2, or R3 district, including abutment at the street line" are only allowed by means of special use permit in the C2 District, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2018-002; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on March 15, 2018, whereby a planning staff report was presented and public testimony regarding the site and building plan and special use permit were received; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this special use permit contained in Section 35-222 (C2 Commerce District) of the City's Zoning Ordinance, and the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2018-002, submitted by Tashitaa Tufaa of Mississippi Valley Properties, LLC, be approved based upon the following considerations: A.The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. B.The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. RESOLUTION NO. 2018- D.Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. E.The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2018-002 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 Inspector. a.Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. b.The Applicant should evaluate whether angled parking along the north end of the parking lot (west of proposed porte-cochère) would allow for more intuitive traffic circulation. i. The driving aisle west of the porte-cochere shall maintain the same direction as traffic under porte-cochère. Directional signage is to be installed as part of this condition. c.The Applicant shall work with the City/Fire Department to address installation of fire hydrants where necessary and maximum distance requirements so as to meet code requirements. d.The Applicant shall verify that the proposed building and site has met City Code requirements. e. A pre-construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. 2. Agreements: a.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. b.The Applicant shall adhere to the maximum occupancies outlined in the submitted plans in order to conform with maximum allowable parking on site of the Subject Property. Should issues arise concerning clientele parking on City streets or adjacent parking lots, staff may request the Applicant complete a Travel Demand Management Plan. c. 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 March 5, 2018 (Exhibit E): a. Final grading, drainage, utility, irrigation, erosion control, and as-built 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. Fire Inspector Review: The Applicant agrees to comply with all conditions or provisions required RESOLUTION NO. 2018- per Fire and Building Code. These include, but are not limited to: a.Installation of a Knox-Box on the north end of the building to allow for emergency access to the proposed riser/utility room. b.Removal of existing conifers along the north end of the building as specified by the Fire Inspector upon visit to the site in January 2018. This is to allow for emergency access to the proposed riser/utility room. c.Compliance with minimum height and width requirements for the as proposed porte- cochère. d.Verification of minimum turn-radius required for fire truck apparatus as part of parking lot approval. 5. Construction Standards: a.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b.All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 6. Facilities and Equipment: a.Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements. b.Any outdoor enclosures shall be constructed with materials that are complementary to the principal building. c.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 Ordinance. d.The Applicant shall furnish fixture specifications and imagery of proposed light installations as part of the Building Permit submittal. 7. Landscaping: a.All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. Per Sheet Li .0 (Landscape Plan), 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.Irrigation shop drawings shall be provided to the City for review and approval prior to installation. 8. Signage: The Applicant shall submit a Building Permit application for any proposed signage as part of the development proposal. Signage is subject to the provisions of Chapter 34 (Sign Ordinance). RESOLUTION NO. 2018- March _26,_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. ITEM 6.b Planning Commission Report Meeting Date: March 15, 2018 Ok •CER AT THE.CEIITER / • Application Filed: 02/13/2018 • Review Period (60-day) Deadline: 04/14/2018 • Extension Declared: N/A • Extended Review Period Deadline: N/A Application No. 2018-002 Applicant: Tashitaa Tufaa (Mississippi Valley Properties, LLC) Location: 6440 James Circle North Request: Site and Building Plan Approval with Special Use Permit for an Event Center INTRODUCTION Tashitaa Tufaa of Mississippi Valley Properties, LLC (the "Applicant") is requesting consideration and approval of a Site and Building Plan and issuance of a Special Use Permit for the property located at 6440 James Circle North (the "Subject Property"). The Subject Property was formerly home to the AMF Earle Brown Lanes, which closed in 2015. The building and site subsequently sat vacant until 2017, when the Applicant purchased the Subject Property. Although the site plan does not require a public hearing, the request for issuance of a Special Use Permit requires that a public hearing be scheduled. An Affidavit of Publication was received, confirming publication of a public hearing notice in the Brooklyn Center Sun Post on March 1, 2018 (Exhibit A). Mail notices were also sent out to property owners in accordance with Section 35-220 (Special Use Permits) of the Brooklyn Center Zoning Ordinance. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan: RB - Retail Business Neighborhood: Shingle Creek Current Zoning: C2 (Commerce) District Surrounding Zoning: North: Ii (Industrial Park) District East: C2 (Commerce) District South: C2 (Commerce) District West: C2 (Commerce) District Site Area: Approximately 4.03 acres Setback Standards: The typical minimum building setback requirements for a C2-zoned property are as follows: Front Yard: 35 feet Rear Yard: 40 feet Side Interior Yard: 10 feet Corner Side Yard: 25 feet The existing building setbacks are proposed to remain the same, with the exception of the installation of a porte-cochère (covered entrance) to allow for drop-offs by vehicle at the front entrance. As the Subject Property is located on a loop road, with one side fronting Freeway Boulevard, and two sides App. No. 2018-002 PC 03/15/2018 Page 1 fronting James Circle North, this property would be considered a "triple frontage" lot. If viewing the Subject Property as having three frontages, the setbacks would be: Front Yard #1: 49.9 feet Front Yard #2: 232.1 feet Front Yard #3: 108.4 feet Side Interior Yard: 10 feet Conformity to: Land Use Plan:Yes Zoning Ord.:Yes (C2 District) Subdivision Ord.:Yes Sign Ord.:Unknown or not under consideration at this time. Variance Needed for Request:No BACKGROUND The approximately 35,462-square foot building was originally approved for and constructed in 1978 for use as the Earle Brown Bowl (bowling alley) under Planning Application Nos. 78023 and 78024 following site/building plan and Special Use Permit approvals by the Planning Commission and City Council. The approval of the Special Use Permits under these applications allowed for live entertainment and a bowling alley in what was then zoned Ii (Industrial Park) District. This allowed for the Subject Property to function as a bowling alley, restaurant, and game room/recreational facility. Additional Planning Commission applications were subsequently approved by the City for: 1.Expansion of lounge area and exterior remodeling of Earle Brown Bowl (1982); 2.Addition to café for new cooler storage service area and waiting room (1987); and 3. Requests to build a temporary outdoor patio, and outdoor sand volleyball courts for summer league (1991). The bowling alley and restaurant closed in April 2015 and sat vacant until 2017 when the Applicant purchased the property. The Applicant is proposing to redevelop the former bowling alley and restaurant into an event center with a focus on weddings and other special events. As part of this proposal, the reestablishment of a permanent restaurant and bar within the facility is proposed, along with accessory kitchen, bathrooms, bridal suites, and office facilities. BUILDING AND SITE PLAN REVIEW Building The proposal calls for the renovation of the existing approximately 35,462-square foot one-story building located at 6440 James Circle North. The building is located on approximately 4.03 acres and would be in close proximity to the City's hotel establishments and freeway access via Interstates 94 and 694, and Trunk Highway 252. 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 B. App. No. 2018-002 PC 03/15/2018 Page 2 rI 0 61 oils Fire 16 - 6440 James Circle N(Subjecl Properly) - Fre—IN : c:l L •1600 • I 1!IV 1 Fr . . 114 Pfj . t r I . L[ J '- t £_. k_ — 1 . F .• ;•.I I .. .. ..I .j - .•iI ( -. lr ..... .•i• I... ,- -- Y Map 1. Subject Property Location. As part of the proposal, the interior of the existing building would undergo significant interior demolition and remodeling, whereas the major exterior improvements would be limited to cosmetic improvements to the façade of the building, installation of a porte-cochére and canopies comprised of steel, and alterations to the parking lot (Exhibit Q. During a site visit in January 2018, staff identified current and potential deficiencies relating to building and fire safety, and zoning matters. This information was relayed to Architect Peter Hill, who is working for the Applicant, and who was on site for the tour. Photos of the existing site and interior have been attached for reference as Exhibit D. Although unofficial, the City does reference a set of design guidelines when reviewing site and building plan applications. These guidelines are based on the Shingle Creek Crossing Architectural Design Guidelines, which were approved in 2011. These guidelines strive to have at least 50-percent of all four sides (wall surfaces) of new buildings constructed with Class I materials, with the remaining surfaces to be constructed of Class II materials. Given that the building was constructed in 1978, it is not expected of the Applicant to necessarily achieve these minimum requirements; however, it is stressed that the Applicant be thoughtful in the redesign of the building and site. 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. App. I NO. LiiiO-UUL PC 03/15/2018 Page 3 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 I F 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 Per Architect Peter Hill, it is anticipated that all existing non-masonry construction would be removed to reveal the existing structure. The concrete masonry unit (CMU) façade would be pressure washed and tuck pointed where required, before being primed and finished with paint in colors similar to those presented in Exhibit C The porte-cochere ceiling structure, comprised of steel, will be painted in a darker color, along with building and site accents (e.g., exterior doors, door and window frames, and light fixtures). The porte-cochère column surrounds will be encased in a masonry construction similar to the main body of the building. The Applicant also proposes to push the existing trash enclosure back so as to minimize its view from the parking lot. This enclosure should utilize materials complementary to the building. ACCESS AND PARKING Vehicular Access/Parking The Applicant intends to maintain the existing driveway access off James Circle North in consideration of the parking requirements needed to achieve the minimum parking standards for a combination of uses. Ingress and egress would be via a 29-foot wide full access driveway. Access to Freeway Boulevard would be achievable by heading either south or north on James Circle North. The proposed driveway aisles would meet and exceed the minimum drive aisle depth requirement of 24 feet, which would allow for two-way, 90-degree parking. Per conversations with Peter Hill (Architect), the construction of the porte-cochère will require that the drive aisle be restricted to two one-way drive aisles heading in the same direction. Per discussions with staff, the Applicant should consider potentially angling the parking along the north end of the parking lot, as this may provide better intuition and guidance as to the direction of traffic and potentially allow for some additional parking. The Applicant will need to provide directional signage signifying the one way access restrictions for this portion of the lot in either scenario. As shown in Table 1 (Parking Requirements) below, the Applicant intends to provide 281 parking spaces. This would result in a loss of five parking spaces, as there are 286 spaces currently on site. Per the proposal, the 90-degree spaces would need to meet the minimum 18 foot depth and 8 foot, 8 inch width requirements per the Zoning Ordinance. The City Zoning Ordinance requires that off-street parking and perimeter parking lot driveways be prohibited within 15 feet of the street right-of-way, allowing this area to be maintained as a green strip. The Applicant has no plans to expand the existing parking lot and has indicated through the submitted plans that this green strip will be maintained with landscaping. App. No. 2018-002 PC 03/15/2018 Page 4 TihI 1 Pr,rfrmnn Rpc,,,irementc Parking Use Minimum Required Parking Spaces Provided Parking Spaces (in bold) Places of Assembly (i.e. banquet halls)1 parking space per every 3 seats 193 spaces (578 occupants max/3 seats = 193 spaces required) Restaurant and Bar 1 parking space per every 2 seats 51 spaces (101 occupants max/2 seats = 51 spaces required) Office/Conference Rooms I space for every 200 grass floor area 14 spaces (2,733 GFA/200 GFA = 14 spaces required) Kitchen and Catering Staff I space for every 2 employees on 20 spaces maximum shift (38 staff max per average maximum shift/2 employees = 19 spaces required) Storage and Mechanical Rooms --3 spaces ADA 7 (for 201 to 300 parking space 8 spaces requirement-minimum stall requirement of 279 stalls per Zoning Ordinance) Total Required Parking 277 spaces (ADA spaces incorporated into total) Total Provided Parking 281 spaces (ADA _spaces _incorporated _into _total) Source: Brooklyn Center Zoning Ordinance, 2015 Minnesota ACCSSiBiIitY coae Parking Requirements. LIGHTING I TRASH I SCREENING Lighting The Applicant furnished a photometric plan of the Subject Property, which indicates 21 LED wall pack style building lights with full cutoff lenses on all four sides of the existing building. Ten LED light posts would be provided for illumination throughout the parking lot at a mounting height of 28 feet. Per the City Zoning Ordinance, "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 Ordinance 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. A review of the provided photometric plan, dated February 6, 2018, noted 1.01 foot candles as the average illuminance. The maximum foot candles noted along the property lines is 0.6, well within the maximum 10 foot candles for adjacent non-residentially zoned properties. Although commercially- zoned, the maximum foot candles are also well within the maximum three foot candle requirement for residential uses. The maximum foot candles along the adjacent-to-the -east Quality Inn (hotel) is 0.4 foot candles. Per the unofficial City architectural design guidelines, light poles, fixtures, and bases should maintain a consistent dark color (i.e., bronze, black, or brown), and feature dark sky-friendly or cutoff style fixtures. As proposed, the lighting fixtures would meet these guidelines. As part of the building permit submittal, the Applicant will need to provide imagery of the proposed lighting, as well as fixture specifications. App. No. 2018-002 PC 03/15/2018 Page 5 Trash The existing trash enclosure is located along the north end of the property and juts out from building, providing clear view of the enclosure. As proposed, the enclosure would be pushed back to align with the west face of the building, thereby obscuring view from the parking lot. The enclosure would be reconstructed in an approximately 23 by 40 foot footprint and of materials complementary to the building. The enclosure would be attached to the building and provided with a concrete walk so as to provide direct access off the kitchen. The enclosure would require reinforcement through installation of a retaining wall and interior bollards. Screening The trash enclosure and any other ground mounted equipment (e.g., transformers, mechanical) shall be effectively screened from adjacent public rights-of-way and 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. Per Chapter 12 (Building Maintenance and Occupancy) of the City Code, roof-mounted equipment shall also be screened from view through use of 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 (Alteration) permit, which is reviewed and approved by City engineers, and inspected for completeness by City engineers and building officials. As proposed, the Applicant will conduct a full depth mill and overlay of the bituminous pavement, and removal of select curb and gutter, trees, fencing, footings, and trash enclosure walls. 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 intends to replace all removed curbing with this style of curbing and would therefore meet this requirement. The Applicant should refer to the City Assistant Engineer's memorandum to determine what other approvals are required (Exhibit E). 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 landscape plantings, the City has operated under and held new and redeveloped areas to complying with the City's adopted Landscape Point System policy, which assigns points to a given site based on the acreage of a development. The Point System requires commercial sites to provide a specific amount or number of landscaping units, and is based on a maximum percentage of certain materials (i.e., 50% shade trees; 40% coniferous trees; 35% decorate trees, and 25% shrubs). As the proposed event center would be located on approximately four (4) acres, the development would need to achieve a minimum of 60 points, assuming a development use category of "Restaurant/Retail/Service! Entertainment/Hotels." App. No. LU1-UU2 PC 03/15/2018 Page 6 ThhI I ndcr,ne Point Svctm Policy Planting Type Minimum Size Points Per Planting Maximum Points Points Accrued (%) Shade Trees 2 1/," diameter 10 50% or 30 points 30 points accrued (12 trees x 10 = 120) Coniferous Trees 5' height 6 40% or 24 points 24 points accrued (14 trees x 6 = 84) Decorative Trees 1" diameter 1.5 35% or 21 points 21 points accrued (14 trees _x_1.5 =_21) Shrubs 12" diameter 0.5 25% or 15 points 15 points accrued (65 shrubs x 0.5 = 32.5) Total ________________________________________100% = 60 points 90 points As summarized in Table 2 above, the submitted landscape plan meets and exceeds the minimum required 60 points required given the development use by 30 points, based on the maximum points allowed for allocation. If reviewing the site purely based on points and without regard to maximum points allowed, the Applicant would be providing 257.5 points based on "Points per Planting" calculations. As part of the proposal, perennials and grasses, including Blue Heaven Little Blue Stem, Pardon Me Daylily, and Plum Pudding Coral Bells, are proposed for planting as foundational landscaping around the Subject Property. These plantings do not count towards the Landscape Point System total. The Applicant should reference the City's unofficial Architectural Design Guidelines regarding overall landscaping and site treatment. As part of any approval, the Subject Property will require an irrigation system to be installed and a plan to be submitted to the City. 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 March 5, 2018, and attached hereto (Exhibit E). It should be noted that some of the outlined conditions may be applicable at time of approval for future land disturbance (alteration) or building permits. FIRE INSPECTOR REVIEW Fire Inspector Brandon Gautsch conducted a review of the application submittal and documents and an on-site review of the site and building in January 2018. As part of the on-site visit, requests were conveyed to Project Architect Peter Hill as to the City's Fire Code requirements. These include the removal of conifers located on the north end of the property near the entrance to the proposed riser/utility room, as emergency access is currently hindered by these trees. Additionally, the Fire Department requires installation of a Knox-Box for emergency access purposes, and achievement of minimum height requirements for the proposed porte-cochère. As this is not an all-encompassing list of requirements, the Applicant shall work with the Fire Inspector and Building Official to ensure all aspects of the site meet Fire Code and Building Code requirements. SIGNAGE Although wall signage is identified in the submitted architectural renderings, no formal requests for approval were made as part of the application submittal. As there is no record of special approvals for signage, any new signage, including wall and monument signs, would require conformance with Chapter 34 of the City Code (Sign Ordinance). Any requests beyond the allowances identified in the Sign Ordinance would require that the Applicant apply for and receive approval to deviate from the Sign Ordinance. The Applicant will need to file a separate Building Permit application for any proposed App. No. 2018-002 PC 03/15/2018 Page 7 signage. Based on staff findings, staff recommends Planning Commission recommendation of the requested site and building plans for the Subject Property, located at 6440 James Circle North; subject to the Applicant receiving approval of a Special Use Permit for the use of an event center and complying with the comments outlined in the Site Plan and Document Approval Conditions noted below. SPECIAl. USE PERMIT REVIEW As part of the Site and Building Plan approval, the Applicant is also requesting approval of a Special Use Permit to allow for an event center. According to Section 35-220 (Special Use Permits) of the City's Zoning Ordinance, "Special uses are those which may be required for the public welfare in a given district but which are, in some respects, incompatible with the permitted uses in the district. Before a building or premises is devoted to any use classified as a special use by this ordinance, a special use permit must be granted by the City Council." Section 35-322 (C2 Commerce District) notes that "eating establishments offering live entertainment; recreation and amusement places such as motion picture theaters and legitimate theater; sports arenas, bowling alleys, skating rinks, and gymnasiums, all provided they do not abut an Ri, R2, or R3 district, including an abutment at a street line," are allowed through approval and issuance of a Special Use Permit. It should be noted that the Subject Property, located at 6440 James Circle North, does not abut any Ri, R2, or R3 properties. The Subject Property is currently surrounded by three hotels (Super 8, Norwood Suites, and Quality Inn), the former Oriental Market, a Denny's Restaurant, a vacant City EDA- owned property, and the FBI building. Light industrial properties lie to the north of the Subject Property (across Freeway Boulevard). Per the Standards of Special Use Permits, a Special Use Permit may be granted by the City Council after demonstration by evidence that all of the following are met: 1.The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. The former use of the Subject Property was through issuance of two Special Use Permits. These Special Use Permits (for the uses of "bowling alley" and "live entertainment") were en force for a period of 37 years before the ultimate closing of the Earle Brown Lanes in 2015. Given the intent of the Applicant to establish a "premier" event center, and "upscale" restaurant and bar, staff is to the understanding that it is not the intent of the Applicant to establish a use that would be detrimental to the overall public health, safety, morals, and comfort of the general public. It is hoped that the establishment of the proposed uses would provide an enhancement to the surrounding uses. 2.The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The Subject Property was home to the Earle Brown Lanes (bowling alley), a restaurant/bar, and game room from 1978 until its closing in 2015. Earle Brown Lanes was approved by issuance of App. No. 2018-002 PC 03/15/2018 Page 8 Special Use Permits for the use of a bowling alley and allowance of live entertainment. Although the Subject Property has not been open to the public for nearly three years, the 37 previous years were spent catering to residents and visitors as a place of entertainment and dining. The Applicant intends to overhaul the interior of the Subject Property for reuse as an entertainment center, although in a slightly different capacity. The Applicant intends for the majority of the event center business to emphasize wedding events, although the facility would also provide an alternative location for hosting proms, private parties, and corporate, community, and educational events. As proposed, the facility would feature bridal suites, ancillary office and meeting space, and a "full-service, upscale" restaurant and bar. Approval of the bar and serving of liquor by staff of the facility for events would be contingent upon issuance of a City liquor license. It is not anticipated that the proposed event center will be injurious to the use of properties in the immediate vicinity, nor substantially diminish or impair property values in the neighborhood. 3.The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. It is not anticipated that the establishment of the requested special use would impede the normal and orderly development and improvement of the surrounding properties for uses permitted in the district. The Subject Property is currently surrounded by like-zoned C2 (Commerce) District properties. With the exception of the City EDA-owned property (vacant land) and the currently vacant, former Oriental Market, the surrounding land is currently developed. It is hoped that issuance of a Special Use Permit for the event center would allow for improvements at the surrounding properties. With regard to the City's Earle Brown Heritage Center (EBHC), located across Interstates 94/694 and to the south, the Applicant has emphasized that his intent is to provide services that are complementary to EBHC, rather than competitive. At maximum, the three banquet rooms combined would provide occupancy of no more than 578 persons. The proposed restaurant and bar would be open to the public and would provide seating for 101 persons. To provide oversight of the operation, the Applicant intends to hire a building manager, a chef and restaurant manager, and bridal consultant. 4.Adequate measurements have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. Staff met multiple times with the Applicant's architect and real estate broker to work through the proposed uses and overall business plan for the site. Given the numerous uses of an event center, restaurant and bar, office space, and kitchen and catering staff, concerns were initially presented by staff regarding the ability to provide sufficient on-site parking. The Applicant explored potential alternatives to provide off-site parking, however, it was determined that there were no alternatives to provide for off-site parking that would meet the minimum requirements of the Zoning Ordinance. These requirements stipulated that any off- App. No. 2018-002 PC 03/15/2018 Page 9 street parking be located a maximum of 800 feet from the principal building, and that the land on which the off-site parking was located be used solely for parking, among other requirements. The Applicant inquired as to whether the City's EDA-owned property (4.92 acres) would be an option, however, it was determined by staff that this would not be the highest and best use for the property. As the Applicant owns a bus company, it was also suggested by the Applicant that perhaps employees could shuttle from the Applicant's property in Minneapolis, located six minutes by car, during higher use events, however, this would not meet the Zoning Ordinance requirement that the property used for off-site parking be used solely for parking. Staff eventually worked with Architect Peter Hill to revise the proposed plans to alter the banquet room layouts and lower the maximum occupancy of the rooms. In order to meet the minimum parking requirements, the Applicant has retained the existing ingress and egress on the site, rather than adding an additional driveway. This access would still allow for full access to Freeway Boulevard by turning south or north onto James Circle North, as it is a loop road. As Special Use Permits allow for conditions to be placed in conjunction with issuance of a Special Use Permit, staff recommends that the Applicant adhere to the maximum occupancies outlined in the submitted plans. Should issues arise concerning clientele parking on City streets or adjacent parking lots (e.g., Super 8, Norwood Suites, Denny's), staff may request the Applicant complete a Travel Demand Management Plan. 5. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Per the submitted plans, the Applicant has no plans to alter the exterior of the building in such a way to render the building or site non-conforming. With regard to the minimum parking requirements, the Applicant has worked with staff to revise the site and interior plans as necessary to address the parking requirements for the multiple uses proposed. Other than the request for a Special Use Permit to allow for eating establishments in conjunction with live entertainment, the proposed restaurant and office uses are generally permitted within the C2 (Commerce) District. As previously mentioned, the serving of liquor will require issuance of a City liquor license. Based on staff findings, staff recommends Planning Commission recommendation of the requested Special Use Permit for an event center for the property located at 6440 James Circle North (Subject Property); subject to the Applicant complying with the comments outlined in the Site Plan and Document Approval Conditions noted below. SITE AND BUILDING PLAN APPROVAL CONDITIONS: Staff recommends the following conditions be attached to any positive recommendation on the approval of Application No. 2018-002 for 6440 James Circle North (Subject Property): 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 Inspector. 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 App. No. 2018-002 PC 03/15/2018 Page 10 Council. b.The Applicant should evaluate whether angled parking along the north end of the parking lot (west of proposed porte-cochère) would allow for more intuitive traffic circulation. L The driving aisle west of the porte-cochère shall maintain the same direction as traffic under porte-cochère. Directional signage is to be installed as part of this condition. c.The Applicant shall work with the City/Fire Department to address installation of fire hydrants where necessary and maximum distance requirements so as to meet code requirements. d.The Applicant shall verify that the proposed building and site has met City Code requirements. e.A pre-construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. 2. Agreements: a.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. b.The Applicant shall adhere to the maximum occupancies outlined in the submitted plans in order to conform with maximum allowable parking on site of the Subject Property. Should issues arise concerning clientele parking on City streets or adjacent parking lots, staff may request the Applicant complete a Travel Demand Management Plan. c. 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 March 5, 2018 (Exhibit E): a. Final grading, drainage, utility, irrigation, erosion control, and as-built 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. Fire Inspector Review: The Applicant agrees to comply with all conditions or provisions required per Fire and Building Code. These include, but are not limited to: a.Installation of a Knox-Box on the north end of the building to allow for emergency access to the proposed riser/utility room. b.Removal of existing conifers along the north end of the building as specified by the Fire Inspector upon visit to the site in January 2018. This is to allow for emergency access to the proposed riser/utility room. c.Compliance with minimum height and width requirements for the as proposed porte- cochère. d.Verification of minimum turn-radius required for fire truck apparatus as part of parking lot approval. S. Construction Standards: a. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. App. No. U1-UU Pc 03/15/2018 Page 11 b. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 6. Facilities and Equipment: a.Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements. b.Any outdoor enclosures shall be constructed with materials that are complementary to the principal building. c. 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 Ordinance. d. The Applicant shall furnish fixture specifications and imagery of proposed light installations as part of the Building Permit submittal. Landscaping: a.All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. Per Sheet L1.0 (Landscape Plan), 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.Irrigation shop drawings shall be provided to the City for review and approval prior to installation. 8. Signage: The Applicant shall submit a Building Permit application for any proposed signage as part of the development proposal. Signage is subject to the provisions of Chapter 34 (Sign Ordinance). RECOMMENDATION Based on the above-noted findings, Planning Staff recommends the Planning Commission recommends City Council approval of Planning Commission Application No. 2018-002, Site and Building Plan and Special Use Permit for an event center for the Subject Property located at 6440 James Circle North, 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 adopt the draft resolution which memorializes the findings in granting site and building plan and Special Use Permit approval, subject to the Applicant complying with the above-mentioned conditions of approval. Attachments Exhibit A- Affidavit of Publication for Notice of Hearing (6440 James Circle North), published March 1, 2018, in Brooklyn Center Sun Post. Exhibit B- Selected Plans from 6440 James Circle North Civil Set, prepared by the CivilSite Group, dated February 13, 2018. Exhibit C- Select Architectural and 3D Renderings of Proposed Event Center (6440 James Circle North), prepared by Peter Lindsay Hill, Architect, undated. Exhibit D- Interior Photos of Existing Building and Site (6440 James Circle North), taken by Ginny McIntosh, dated January 11, 2018. Exhibit E- Review Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated March 5, 2018. App. No. 2018-002 PC 03/15/2018 Page 12 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) COUNTY OF HENNEPIN Darlene MacPherson being duly sworn on an oath, states or affirms that he/she is the Publishers Designated Agent of the newspa- per(s) known as: SP Brooklyn Ctr/Brooklyn Park with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B)This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 03/01/2018 and the last insertion being on 03/01/2018. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 03101/2018 by Darlene MacPherson. CITY OF BROOKLYN EXHIBIT A CENTERNOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the Plan- iing Commission of the City of Brooklyn Center will hold a public rearing on Thursday, March 15, 2015, at approximately 7:00 p.m., at Brooklyn Center City Hall, locat- ed at 6301 Shingle Creek Parkway,Brooklyn Center, Minnesota. A defi- nite time for this application to be considered cannot be given as it will depend on the progression of the agenda items. TYPE OF REQUEST: Site and Building Plan with Special Use Per- mit for an Event CenterPETITIONER: Tashitaa Tufaa (Mississippi Valley Properties, LLC) PROPERTY NAMED IN THE PE- TITION: 6440 James Circle North PROPERTY ID: 35-119-21-41-0008LEGAL DESCRIPTION: Regis- tered Land Survey No. 1482, Hen- nepin County, MinnesotaBRIEF STATEMENT OF CON- TENTS OF PETITION:The Applicant is requesting ap- proval of a Special Use Permit to allow for the development of an event center with ancillary restau- rant and bar, and other associated exterior improvements, in an exist- ing 35,462-square foot building.Questions, comments, state- ments of support or objections should be directed to City Planner/ Zoning Administrator Ginny McIn- tosh at (763) 569-3319 or email to gmcintosh@cl.brooklyn-center. mn.us .Auxiliary aids for persons withdisabilities are available upon re- quest at least 96 hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrange- ments. Respectfully,Ginny McIntosh Planning Commission Secretary Published In theBrooklyn Center Sun Post March 1, 2018 787685 Notary Public Notary publlCMiIfbs0ta CommIssIon Expires Jan31 2020 Rate Information: (I) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 787685 EXHIBIT B 0 0 >0 0 IFf L 'C)OJ mph 91 - (.1) 5 coomHI0C...III 11 () c: U _ -ImHO) UP0____I..'.' lz qo K 6440JAMES CIRCLE NORTH j o WKLYNCENTEA ,MN430 a MISSISSIPPI VALLEY PROPERTIES 11850 R.SGEI_ATE 00050 0855351 -'Es CERTIFICATE OFOF SURVEY M5SSFPI V&I1Y PROPERTIES. TIC. FREEWAY BLVD. I I I Ij U ir / I/I IU I'll f) I I - --a ET li - - p L Pg ---------- --------------------J 39 H x2 Sg 99669 "uu I ilzt U olz 6 6 k no 9 9 2 96 6 p 6 Il 99 8 I 6J 6440 JAMES CIRCLE NORTH BRWKLYN CEHTER, MN M430 -k• MISSISSIPPI VALLEY PROPERTIESCz 1185 1/ER/TA/E LANE 000/10.0/155)/I 2 (I. 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Lumens - 9 AA SINGLE 0.910 PRV-A60-D-UNV-T5-BZ 19610 1 SB SINGLE 0.910 PRV-A15-D-UNV-T2-BZ 6139 7 NP SINGLE 0.910 XTOR6B 6129 14 tiP2 SINGLE 0.910 XTOR2B 2135 on Event Center 6440 James 0 e _ B Oate2mr2018m S&O; on Event Center Peter Urgedy lie, kshitest 6440 Jones Circle North Itreesote Lkevee 00104 Rroa6yn Center, Minnesota 13212 MemoS Rd. Mivatenka 61155305 peterhc5nna000een .612.332.6161 suoornae DOe Lighting Plan Bets Lee 6100510 Corrnpasy n oinrxr x.dm ss&eaxae.aners,2475t,laptee0030rtneg112 P00nvrernee,Sn Oau ba.NnB.50 00.emote, 00,0 mx Sri-Mepiteo MN 65103 - MES 0 Ri 2' —Ri 0 Ri - * Root UUUUUUUL.L •8 ___p!TT 00 H ae r 000 00 r OOO •0 _i• D F 0 0 0 0 8 8 ID ___ RC 0- st a., .......... 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I -a,riI :. nn.aa.,.n - • 1 1111111 V low ^k- - __ / f 9 EXHIBIT E MEMORANDUM DATE: March 5, 2018 TO: Ginny McIntosh, City Planner/Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Site Plan Review —6440 James Circle Public Works Department staff reviewed the following documents submitted for review on February 16, 2018, for the proposed 6440 James Circle: Civil Site Plans dated February 13, 2018 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: C2.0 - Site Plan 1.Label accessible ramps. 2.Traffic lane dimension. C5.2 - Detail and SDecifications Plan 3.Add current MN Dot plates for ADA accessibility ramps L1.0 - Landscane Plan 4.Provide irrigation plan. Miscellaneous 5.See redlines for additional Site Plan comments 6.Remove "City of Brooklyn Center Site Specific Notes" from all sheets. 7.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. 8.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). 6440 James Circle Page 2 of 2 Site Plan Review Memo, February 28, 2018 9.The total disturbed area is less than one acre, an NPDES permit is not required. Prior to issuance of a Land Alteration 10.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. 11.A letter of credit or a cash escrow in the amount of 100% of the estimated cost as determined by City staff shall be deposited with the City. 12.A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non- compliance provisions. A separate $2,500 deposit will be required as part of the non-compliance provision. Anticipated Permitting: 11.Other permits not listed may be required and is the responsibility of the developer to obtain and warranted. 12.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 13. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. CER11FICATE OF SURVEY wwn w FRcP, ftc. rRzc.c.v MD. It . . . / // r ) B/H\ I I I i j di It. cccccccc.cc.nc 1.cs. / / tJ fi-- - I I- Ky 1/ U U I- C--- U / 4 J.. --TTh?- - - hi NN ONJuljlug \ ) -- -J--\ E - - -. - H 1I -. 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HIM '. h . 52 2 " 52 52 55 I Ell g 22 ;'5-• 2,255 52 S S55 5'525 5=8 2.. 552 5 55 Ha 52 a bfl 55 S S - ni HE I MEEPH 88 =2 .2 2 2 25 '5,5 2 5 I ,, I 8 5 28 2 8 5 5 2 2 = 5!WN 52 5 255852 855$' S 2 : OHIO -55 S < 2 2 55555 5' S 8 8 a 5 525 555 cn 6440 JAMES CIRCLE NORTH ti F MISSISSIPPI VALLEY PROPERTIES 55 5s'5 - ' 5 59 p r a - $25 S o 25 S Commissioner Tade introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2018-003 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-002 SUBMITTED BY TASHITAA TUFAA OF MISSISSIPPI VALLEY PROPERTIES, LLC., FOR APPROVAL OF A SITE AND BUILDING PLAN AND ISSUANCE OF A SPECIAL USE PERMIT TO CONVERT A FORMER BOWLING ALLEY AND RESTAURANT INTO AN EVENT CENTER IN THE C2 (COMMERCE) DISTRICT (LOCATED AT 6440 JAMES CIRCLE NORTH) WHEREAS, Planning Commission Application No. 2018-002, submitted by Tashitaa Tufaa of Mississippi Valley Properties, LLC ("Applicant/Owner") requests issuance of a special use permit allowing a former bowling alley and restaurant to be converted into an event center, with ancillary restaurant and bar, and other associated exterior improvements, in an existing 35,462-square foot building located at 6440 James Circle North ("Subject Property"); and WHEREAS, the Subject Property is situated in the C2 (Commerce) District and pursuant to City Code Section 35-322; Subpart 3, "Eating establishments offering live entertainment; recreation and amusement places such as motion picture theaters and legitimate theater; sports arenas; bowling alleys, skating rinks, and gymnasiums, all provided they do not abut an RI, R2, or R3 district, including abutment at the street line" are only allowed by means of special use permit in the C2 District, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2018-002; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on March 15, 2018, whereby a planning staff report was presented and public testimony regarding the special use permit were received; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this special use permit contained in Section 3 5-222 (C2 Commerce District) of the City's Zoning Ordinance, and the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2018-002, submitted by Tashitaa Tufaa of Mississippi Valley Properties, LLC., be approved based upon the following considerations: A.The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. B.The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. PC RESOLUTION NO. 2018-003 D.Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. E.The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2018-002 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 Inspector. a.Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. b.The Applicant should evaluate whether angled parking along the north end of the parking lot (west of proposed porte-cochère) would allow for more intuitive traffic circulation. i. The driving aisle west of the porte-cochère shall maintain the same direction as traffic under porte-cochère. Directional signage is to be installed as part of this condition. c.The Applicant shall work with the City/Fire Department to address installation of fire hydrants where necessary and maximum distance requirements so as to meet code requirements. d.The Applicant shall verify that the proposed building and site has met City Code requirements. e. A pre-construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. 2. Agreements: a.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. b.The Applicant shall adhere to the maximum occupancies outlined in the submitted plans in order to conform with maximum allowable parking on site of the Subject Property. Should issues arise concerning clientele parking on City streets or adjacent parking lots, staff may request the Applicant complete a Travel Demand Management Plan. c. 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 March 5, 2018 (Exhibit E): a. Final grading, drainage, utility, irrigation, erosion control, and as-built plans, and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. PC RESOLUTION NO. 2018-003 4. Fire Inspector Review: The Applicant agrees to comply with all conditions or provisions required per Fire and Building Code. These include, but are not limited to: a.Installation of a Knox-Box on the north end of the building to allow for emergency access to the proposed riser/utility room. b.Removal of existing conifers along the north end of the building as specified by the Fire Inspector upon visit to the site in January 2018. This is to allow for emergency access to the proposed riser/utility room. c.Compliance with minimum height and width requirements for the as proposed porte- cochère. d.Verification of minimum turn-radius required for fire truck apparatus as part of parking lot approval. 5. Construction Standards: a.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b.All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 6. Facilities and Equipment: a.Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements. b.Any outdoor enclosures shall be constructed with materials that are complementary to the principal building. c.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 Ordinance. d.The Applicant shall furnish fixture specifications and imagery of proposed light installations as part of the Building Permit submittal. 7. Landscaping: a.All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. Per Sheet LI .0 (Landscape Plan), 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.Irrigation shop drawings shall be provided to the City for review and approval prior to installation. 8. Signage: The Applicant shall submit a Building Permit application for any proposed signage as part of the development proposal. Signage is subject to the provisions of Chapter 34 (Sign Ordinance). PC RESOLUTION NO. 2018003 March 15, 2018 ( Date Randall Christensen, Chair ATTEST: u4. Ginny McIntosh, ecretary The motion for the adoption of the foregoing resolution was duly seconded by member Koenig and upon vote being taken thereon, the following voted in favor thereof: Susan Tade, Alexander Koenig, John MacMillan, Stephen Schonning, Rochelle Sweeney, Abraham Rizvi, and Randall Christensen and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Tashitaa Tufaa (Mississippi Valley Properties, LLC) Item 9.b REQUEST: (1)Special Use Permit (2)Site and Building Plan City Council Meeting of 03/26/2018 Existing Conditions Source: Ginny McIntosh Subject Property History Property was home to the AMF Earle Brown Lanes (bowling alley) and Barnacle Bills (restaurant and bar) prior to its closing in April 2015 Building was constructed in 1978 for use as a bowling alley through approval of two Special Use Permits (bowling alley, live entertainment) Additional Planning Commission applications were subsequently approved by the City over the years for: Expansion of lounge area and exterior remodeling of Earle Brown Bowl (1982); Addition to café for new cooler storage service area and waiting room (1987); and Requests to build a temporary outdoor patio, and outdoor sand volleyball courts for summer league (1991). Subject Property was purchased in 2017 by Applicant Source: Yelp/AMF Background & Request Applicant is requesting approval of: (1) Issuance of a Special Use Permit for an Event Center As part of the Site and Building Plan approval, the Applicant is requesting approval of a Special Use Permit to allow for an event center. According to Section 35-220 (Special Use Permits) of the City’s Zoning Ordinance, “Special uses are those which may be required for the public welfare in a given district but which are, in some respects, incompatible with the permitted uses in the district. Before a building or premises is devoted to any use classified as a special use by this ordinance, a special use permit must be granted by the City Council.” Section 35-322 (C2 Commerce District) notes that, “Eating establishments offering live entertainment; recreation and amusement places such as motion picture theaters and legitimate theater; sports arenas, bowling alleys, skating rinks, and gymnasiums, all provided they do not abut an R1, R2, or R3 district, including an abutment at a street line,” are allowed through approval and issuance of a Special Use Permit.” Subject Property does not abut any residentially-zoned properties. Adjacent to three (3) hotels, a Denny’s Restaurant, CES Imaging, the former Oriental Market, a vacant City EDA-owned property, and the FBI building. Light industrial properties are located to the north across Freeway Boulevard. Note: Approval of Site and Building plan is contingent upon securing a Special Use Permit for the proposed use as an event center with ancillary restaurant and bar. Background & Request (Cont.) Applicant is requesting approval of: (2) Site and Building Plan Extensive interior demolition and remodeling of the existing 35,462-square foot former bowling alley and restaurant into an event center Subject Property is located on approximately 4.03 acres and is zoned C2 (Commerce) District Exterior improvements would involve: Construction of a porte-cochère (covered entrance), relocation of trash enclosure, some alterations to the parking lot/sidewalk, and re-facing of building. Renderings of Building (Proposed) Access and Parking Access Retain existing full access off James Circle North via 29-foot wide driveway Parking considerations do not allow for additional ingress/egress Minimum green strip of 15 feet along Logan Avenue is met per plans No plans to alter exterior of building other than addition of porte-cochère, and select alterations to parking lot near building. Parking Variety of uses within building required additional conversations with staff with respect to on-site parking needs Parking Use Minimum Required Parking Spaces Provided Parking Spaces (in bold) Places of Assembly (i.e. banquet halls) 1 parking space per every 3 seats (578 occupants max/3 seats = 193 spaces required) 193 spaces Restaurant and Bar 1 parking space per every 2 seats (101 occupants max/2 seats = 51 spaces required) 51 spaces Office/Conference Rooms 1 space for every 200 gross floor area (2,733 GFA/200 GFA = 14 spaces required) 14 spaces Kitchen and Catering Staff 1 space for every 2 employees on maximum shift (38 staff max per average maximum shift/2 employees = 19 spaces required) 20 spaces Storage and Mechanical Rooms -- 3 spaces ADA 7 (for 201 to 300 parking space requirement-minimum stall requirement of 279 stalls per Zoning Ordinance) 8 spaces Total Required Parking 277 spaces (ADA spaces incorporated into total) Total Provided Parking 281 spaces (ADA spaces incorporated into total) Lighting | Trash | Screening |Grading Lighting Per City Code, lighting is to be down-cast, with cut-off style fixtures. Maximum foot-candles permitted at property lines abutting non-residentially zoned properties is: 10 foot-candles As proposed, the average estimated foot-candles throughout site is 1.01. The maximum noted foot-candles are 0.6. Maximum proposed foot-candles adjacent hotel to the east: 0.4 foot-candles Lighting Fixture Count: 21 LED wall pack style building lights with full cutoff lenses on all fours of the building, and 10 LED light posts with a mounting height of 28 feet. Trash Existing trash enclosure location would be pushed back to align with the west face of the building One 23-foot by 40-foot trash enclosure would be adjacent to building and would have concrete walk for direct access off kitchen Enclosure must be fully screened. Screening Trash enclosure and any other ground mounted equipment shall be screened from public right-of-way, as well as any roof- mounted equipment (visible from public right-of-way). Grading The Applicant will conduct a full depth mill and overlay of the bituminous pavement, and removal of select curb and gutter, trees, fencing, footings, and trash enclosure walls. Landscaping Minimum landscaping requirements were identified utilizing the City’s Landscape Point System Policy. For a use of “Restaurant/Retail/Service/Entertainment/Hotels” on an approximately 4.03 acre site, a minimum of 60 points must be achieved. Planting Type Minimum Size Planting Type Minimum Size Points Per Planting Maximum Points (%) Points Accrued Shade Trees 2 ½” diameter Shade Trees 2 ½” diameter 10 50% or 30 points 30 points accrued (12 trees x 10 = 120) Coniferous Trees 5’ height Coniferous Trees 5’ height 6 40% or 24 points 24 points accrued (14 trees x 6 = 84) Decorative Trees 1” diameter Decorative Trees 1” diameter 1.5 35% or 21 points 21 points accrued (14 trees x 1.5 = 21) Shrubs 12” diameter Shrubs 12” diameter 0.5 25% or 15 points 15 points accrued (65 shrubs x 0.5 = 32.5) Total Total 100% = 60 points 90 points The submitted Landscape Plan meets and exceeds all requirements under this Policy. An irrigation system is required to be installed—shop drawings of the proposed system are to be submitted to the City for review. Summary A Public Hearing was held at the Planning Commission meeting on March 15th for the requests A public notice was published in the Brooklyn Center Sun Post on March 1, 2018 Notices were mailed to surrounding property owners One resident in attendance at the meeting expressed support of the proposed event center, and noted that it would provide an additional amenity to the community. Planning Commission adopted PC Resolution No. 2018-003 (Special Use Permit, Site and Building Plan) unanimously (7-0), and recommended City Council approval of Planning Application No. 2018-002, submitted by Tashitaa Tufaa of Mississippi Valley Properties, LLC. Recommendation Based on the aforementioned findings the Planning Commission recommends City Council adopt the resolutions regarding the recommended disposition of Planning Application No. 2018-002 submitted by Tashitaa Tufaa (Mississippi Valley Properties, LLC) for approval of: 1.Site and Building Approval for the as proposed event center with ancillary restaurant and bar, and other associated exterior improvements, in an existing 35,462-square foot building located at 6440 James Circle North. 2.Special Use Permit for an event center Approval of the two aforementioned requests are subject to the Applicant complying with the Site and Building Plan Approval Conditions as outlined in the Planning Commission Report dated March 15, 2018. City Cmnd1 Agenda Item No. 1© #1 COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Manage FROM: Meg Beekman, Director of Community Development SUBJECT: Type IV 6-Month Provisional Rental License for 1325 681h Ln N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 1325 68 t 'Ln N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for 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 single family property. The first Type IV rental license qualifies for a Type IV Rental License based on ten (10) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. The second rental license would qualify for a Type II Rental License based on two (2) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. The 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. Under this license action, the property owner will receive two successive Type IV Rental Licenses - one that will have expired on January 31, 2018 and one that will expire on July 31, 2018. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive conlinu ally that enhances the quality of lift for allpeopk' and preserves the public trust S1IJ(IJ I U V V M'A U I M'A 0) t1'II I1IJ I Current rental license approval activities for license that expires 07/31/2018: 01-31-2018 The previous Type IV Rental License expired. 02-12-2018 The owner, Konrad Wagner c/o Phil Beaumia, applied for renewal of the rental dwelling license for 1325 68th Ln N, a single family dwelling. 03-06-2018 An initial rental license inspection was conducted. Two property code violations were cited, see attached rental criteria. The corrections were made onsite. City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 03-19-2018 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. 03-19-2018 A letter was sent to the owner notifying that the hearing before the Council will be held March 26, 2018. Current rental license approval activities for license that expires 01/31/2018 05-01-2017 The owner, Konrad Wagner c/o Phil Beaumia, applied for renewal of the rental dwelling license for 1325 68th Ln N, a single family dwelling. 05-25-2017 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 06-26-2017 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 07-17-2017 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. Total for reinspection fees is now $100. 07-31-2017 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. Total for reinspection fees is now $200. 08-15-2017 A fifth inspection was conducted with staff and failed. A $100 reinspection fee was charged to the property. Total for reinspection fees is now $300. 08-24-2017 Staff spoke with the property manager and she stated that the notice for inspection was not received and did not know when the follow up inspection date was. A $100 reinspection fee will be removed. 08-28-2017 The $200 in reinspection fees was paid. 09-13-2017 A sixth inspection was conducted with staff and failed. The tenant denied access. A $100 reinspection fee was charged to the property. 10-06-2017 A $300 Administrative Citation was issued for operating without a rental license. 10-13-2017 A seventh inspection was conducted with staff and corrections were made however an additional violation was found during the inspection. A water heater was incorrectly installed and correction orders were issued. A $100 reinspection fee was charged to the property. 10-27-2017 An eighth inspection was conducted and passed. A $100 reinspection fee was charged to the property. Reinspection fees are still owed. 12-13-2017 $300 reinspections fees were paid. 01-04-2018 City records indicate zero validated police nuisance incidents occurred in the past twelve months. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality ofljfe for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 01-04-2018 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. 01-23-2018 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-05-2018 A Mitigation Plan was submitted. 02-23-2018 The Mitigation Plan was finalized. 03-19-2018 A letter was sent to the owner notifying that the hearing before the Council will be held March 26, 2018. 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 It Jiss ion: Ensuring an attractive, clean, ste, inclusive community that enhances the quality of lift for all people and preserves the public trust [EI1IJ[J I U MhYA tY I k'A (I) 1I )1SJ 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 pian 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. 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, A'Iission: Ensuring an attractive, clean, sif, inclusive community that enhances the quality of 1fe for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type I - 3 Year 1-2 units 0-1 3+ units 0-075 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Type III - 1 Year 11-2 units I Greater than 4 but not more than 8 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of Ijfi! for all people and preserves the public tins! [S[I1iJ[SJ I fl I N Nk'A U I M (I) 1.'II 1BJ I Decrease 1 Category 1-2 Greater than 1 but not more than 3 34 units Greater than 0,25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater, than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving Two Type IV Rental Licenses for 1325 68 " Ln N !'fission: Ensuring an al/recEive, clean, safe, inclusive conununily that enhances the quality of lfè 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 1325 68TH LN N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 1325 68 th Ln N, is issued a Type IV Rental License with an expiration date of January 31, 2018; and WHEREAS, the property located at 1325 68th Ln N, is issued a subsequent Type IV Rental License with an expiration date of July 31, 2018; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 1325 68th Ln 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 two TYPE IV Rental Licenses are hereby approved for the property at 1325 681h Ln N, Brooklyn Center, MN. March 26, 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. Community Development Rental License Plan Handwritten Plans will not be accepted. This form can be found on the website at wvAv.cityoibrooklyncenter.or9lrentai.plan or call (763) 5693330 for an electjonic version to be sent via email. V 1325 68th Ln N Roth Wagner 2 LLC 3aOO American 8tvdW4f15,Bloomington, MN 55431 952-960-0930 Nikkl@citiesrentals.com Pendng Expiration Date: /31/2018 Based on the total number of property code violations found during the inial rental license inspection end/or validated police nuisance incidents, the above referenced property Is required to submit an Action (Typo Ill) or Mitigation Plan (Typo IV). In order to ensure Vmely completion of the license application process, a Plan must be completed Immediately and submitted for approval The Plan includes Phase I U and ill of the Crime Free Housing Program. It also Includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan allows the ov1ner and the City to rovu'i concerns and identify possible solutions to improve overall conditions of the property. If a Plan is not submitted and/or all items are not completed within the license pertod, or the above property operates beyond the license expiration date, enforcement actions such as an administrative citation, formal complaint, or license review may result. Read carefully and b&sure to follow I n structions, otherv4seyour pianwlfl, not bprovsd, Page 1/6 Rental Liconse Plan, Ret', 11.18 3800 American Blvd W#1600, Agecit AdBloomington, MN 55431 952 -960 ..0930 1 Aqenc konradJ.wagnergmaLcom I :caA Nikki E3eaumia Executive Realty City of Brooklyn Center—Community Development vw'.cityofbrooklyncanter.org 001 Shingle Creek Parkway, Brooklyn Center, MN 65430-2199 1 Phone: (783) 563-33301 flY: 711 Fax: 763) 5693360 CEN" TE Community Development 1325 68th Ln N / I Sections A---rirne Free Housing Pro grain Requirements Phase 1 Read and check each box. j ) A .vritc-n lease agreement is required. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan.E] 2) Agree to pursue the termination of lease agreement or eviction of tenants who violate the terms of the tease or any addend urns. 3)conduct criminal background checks) for all new prospective tenants, If it is a current tenant a new background check is not required. Upon the City's request, documentation showing a background check was completed must be provided. 4)Attend an approved eight-hour Crime Free Housing training course, Information for approved courses can be found at vAvmncpa.net . If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan. Crime Free Housing training is completedEcrime Free Housing training is scheduled for Date Over or agent plans to attend training at Coon Rapids tarne of City S) Submit Monthly Report by the 10 11 day of each month. Only required for Typo IV— Mitigation Plans, Phase ii Read and check each box, [] 1) complete a Security Assessment and Implement improvements required by the Brooklyn center Police Department. To schedule a Security Assessment, call (763) 569-3344. 2) A follow-up assessment must be completed before the license expiration data to verify the security mpmvemonts have been Implemented. To schedule a follow up inspection call (763) 569-3344. El Security Assessment is completed completed on 1014116Security Assessment s scheduled for[] Page 2/6 Rental License A8w, Rev, 1448 City of Brooklyn Center—Comm unity Development w,vw.cltyofbrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone (763) 5633330 1 TTY: 711 Fax 763) 569-3380 CENTE Community Development 1T 1325 68th Ln N Sections A--Crime Free Housing Projram Roquirumunts (continued) Phase lii - A.R.M Meeting Requirement Ulp)-'&mer or agent must attend at minimum two (2) A R M meetings The A R M meetings must be completed within the rental license period and before the License expiration date. lJ 2) Registration Is not required to attend, however you must sign-in dung the meeting, A.R.M. Meeting are held in January, March, May, July, September, and November on the 2nd Thursday of the month. Meetings start at lOam and end at 11 am, El 3) Write two months the owner or agent plans to attend March 8, 2018 May 10, 2018Owner or agent vAll attend A.R.tvL meetings scheduled for: ______________and___________ The following actions are required for Multi-Family properties with four 4) or more units. U 1) Conduct resident training annually to Include crime prevention techniques. EN] 2) conduct regular resident meetings, Pane 316 Rental License Ran, Rev. 1-1-18 City of Brooklyn C tinter—Comm unity Development wwv.cliyofbrookIyncenter.org 6301 Shingle Creak Parway 4 Brooklyn Center, MN 55430-2199 1 Phone: 763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 Y 4 Community Development 1325 68th Ln N/ I \ 8ection B-Long Tenp CapftaI I nprpyeiriort Plan All components of a house will need to be replaced when it Is beyond repair or Its useful life. Based on condition, age, and use, an estimated replacement date will need to be provided for each listed item. items that are broken damaged, womk or inoperable may require replacement sooner than scheduled, All horns must have a date under the Estimated Replacement Date, Plans will not be approved if wdng uunsur& "dont knoWl, or leaving it blank. If you are unsure of when an item will need to be replaced, you can make a prediction based on the ago, use, condition, or manufacture recommendations, Unt Last Replaced Condition'Estimated Replacement Data Example- Water Heater May 2010 F May 2020 Item Last Replaced Condition*Estimated Replacement Date Furnace Water Heater May 2016 N 2031 Kitchen Appliances 1998 G 2019 Laundry Appliances 2001 G 2021 Smoke Alarms/ Carbon Monoxide Alarms July 2017 N July 2019 rJte Paint/Siding 2005 G 2025 Windows 2005 -G 2025 Roof Garage Driveway Fence Sidewalks 'Condition AbbrcviaUns NeviU FairF Needs ReplacementR PO 46 Rental Ucense P1an, Rev. 14-18 City of Brooklyn Center—rnmunity Davniopment w,w,cityofbrooklyncenter.otg 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-21991 Phone (763) 563-33301 TTY 711 Fax (763) 5693360 ctNtttEt Community Development 1325 68th Ln N Sections c--Stops to Improve Management áid conditions of Property. .. The items in this section have been proven to assist with property management, property image, and rental license category improvement The following actions are required: Fxj 1) Chock-in with tenants every 30-days. [] 2) Diive by property to check for possible code violations. j 3) Evict tenants in violation of the lease or any addendums.nx 4) Remain current on all uUlity tees, taxes, assessments, fines penalties, and other financial claims/payments due to the City. 5) Have no repeat code violations previously documented wita the past year. El 6) conduct a pro-Inspection of the property prior to the rental license inspection. 7) Other:. The following actions are optional unless required by the City. []I)Provide Iavrn/snow seMca, LI 2)Provide garbage service. 0 3)Install security system. 4)Provide maintenance service plan for appliances, Name of service company: 5)Other, The licensee must comply with the approved Plan and all applicable City Codes. A copy of the approved plan will be sent with a reminder notice to comply with the rental license requirements. Page 5/8 RenIaiLIco,nse A'an, Roy. 14-18 City of Brooklyn Center—Community Development wmv.cityofbrooklyncenter,org 6301 Shingle Creek Parkway, Brooklyn Center MN 55430-2199 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (783) 56-3360 p CEN, IMPL Community Development Al A 132$ 68th Ln N Sign and Verify I verify that all information provided is true atid accurate. I understand that if I do not comply with the approved Plan, comply with all items within the license perd, or operate beyond the ilconse expira tion date, enforcement actions such as citations, formal complaints, or license review may result, NikkiBeaurna Property Manager OWne( or A pM Name and Thit (P'aw Thn) 1/30/2018 ?waf Agen t /gnalure Date Aiene1OwtAgent Name er4 This (!Mppcable, Please PiIM) AdcLiional Cv/'ot10 Ag Skjnatvro ffAppNc.sb) Data City staff Only r) ;;<1 ) -Y CO ^' /r,Poke Dee4 #^0 Date Page 6/6 Rental License Plan, Rev 1418 City of Brooklyn Cent nity Developm e nt wiwcityothrooklyncantetor 6,101 Shingle Greek Brooklyn Center, MN 5930 -2199 1 Phone: (763)563-33301 TTY 711 Fax: (763) 569-3360 City ComdI1 Agenda Item No. Ha #2 COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Mana&1^3 FROM: Meg Beekman, Director of Community Development \,k1tJ SUBJECT: Type IV 6-Month Provisional Rental License for 2932 691h Ln 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 2932 69' Ln N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval 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 single family property. 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. Current rental license approval activities for license expires on 08/31/2018: 12-28-2017 The Owner, Mayerling Rios, applied for renewal of the rental dwelling license for 2932 69th Ln N, a single family dwelling. 01-19-2018 An initial rental license inspection was conducted and failed. There was no access to the property. The owner stated she did not receive the notice for the rental license inspection. 01-23-2018 A second rental inspection was conducted and there was no access. The owner called to reschedule the inspection prior to the inspection date, !Iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lJè for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 02-06-2018 A third rental inspection was conducted and failed. 9 property code violations were cited, see attached rental criteria. A $100 reinspection fee charged. 02-20-2018 Staff spoke with the owner and informed her that the next license will be a Type IV - 6 month license due to the number of code violations and will require the submission of a Mitigation Plan. 02-28-2018 A Mitigation Plan was submitted. 02-28-2018 The previous rental license expired. 03-07-2018 The $100 reinspection fee was paid. 03-08-2018 A fourth rental inspection was conducted and passed. 03-14-2018 The Mitigation Plan was finalized. 03-19-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 03-19-2018 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. 03-19-2018 A letter was sent to the owner notifying that the hearing before the Council will be held March 26, 2018. If approved, after six months, a new rental license is required. The license process will begin approximately three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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 12-91110 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 continually that enhances the quality of ltè for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. 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. Mission: Ensuriiig an attractive, clean, sqft, inclusive community that enhances the quality of ljJ for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 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-I-units Greater than 3 b.Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, sq/e, inclusive COfllfllUflhlV that enhances the quality of lift for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 units0-0 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 unitsGreater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of fife for all people and preserves the public trust Nam(s) 'i. Community Development A t I , Rental License Plan iiandwdtton Plans will not be accepted This t&rn tan bcjfound on the websltts at w.d dallan of73) 69O ken t1toolowsim tobe tetAa wul : Based o the total num of poorty 060 4o1bons found dub the kai ent& bcene lnseclion andk validated poljos nusnco Ind4rits. ft 4bOVe tefeter*3 ptopetty Is requhd W submtt *zi Action (Typ III) 'Of MiUgatlon Plan tTyp 1V) ln odor m the ea (O'6$$$ Plan must bo mmp*(A Wwdat* ndsthrrtidk(eppUWa). The Pn1dudo Mao 1il*nd III ofthaC NO H00*2 ADPM ftsolne1udes rasuros that nt be tgen to enswo j vODV cemptiare vnth City Odwianons and epØtabte c.odes A rental keo Plan (11b the iet aM the City to toifrI tonceas end tdonbfj posaibe aO4JtOA$ to mxove oteralt ccbons of th Voptdyl 71 lie Pion Is r,1submttd an&or all lens aie nnp1etodthbithe keme Pel& of ft above P y01 beyond the &enre epheton date, entotcoment Etlons wdi as an adoinishtko e*1atk, tomw com$a 1 C r4ewmi0 POO i 6101 SN 631 0 C r k patWay ,r ynCenteMN5543O2199 o63)5$343301 TI? 711 Fox(63)SG4369 p t sttaI ,/: \ 29329thLNNBrooklyn Center MN S430 Seclions c.GH084Ptoözm Re4uhfltó!3 Phase I Read and cheek each box. D I) A wftteii lease atement Is requked. The laasa agreement shall Include the Crime Free Housing lease Mdendum. A copy of the lease agreement and Crime fto Houalng tease Addendum must be attached to the Plan. JE] 2) Agree to puisue the lenuination of easo arearnet or elon of tenants v4io vIolate Ihc tepa or any addendums. 3) Conduct criminal b84w4 theds) f0(811 iiew prospective tenants. If it Is a current tenant a new background dwkis not requited. Upon the Ctft rues documenintn sbov6ng abackgound theck waitnpteted must be prided. ] 4) Attend an appted è1gh14Qt Citme tree Hous trWng cowse. lnformatton for approved courses can be fout4 atwwmncpa.rteL If you have ccmpleted the course attach a copy of the Crime Ftee Housing Certificate to the Plan. Crime 0 Crime Free HousingtmIs scheduled foc Wit owr4t or a9eflt plans to aend training at Submit Monthly Report by the I Oh day of each month. Only required for Type IV—. Mitigation Plans. Phase II Road and cheek each box. J I) Complete a SecurIty Asftssm on aM Implement Improvements required by the Rmoid'yn Cnej Pço Dopartirent To schedule a Security A essnant, call (763) 6694344. [J 2) A follow-up Sues' stnent must hoc pietidhefo athotcenseaxplratlon date to VO the imp.0vemonts have been 1momented, To schedule a MOW call (163) 663 0 Sec1yMAss1nefltlStmP'4tOd fl Secutfty Msstnerit Is scheduled PDo R#AW 14.18 City of &okiyn Ctnt.r—ConimurJty OrnlopmMt w.6tooidyncentowg 6301 ShInie Greek Parkway, Broo'iyn Conter, Mfl W30-21991 Phone: (163) 56343301 flY: 711 Fax (163) 863360 Oornmunfty bovèment tO O L) CENTER Al tv"YVA 2932 69th LN NBrQokyn Cantor MN 65430 Community Development - Phase III ARM Meeting Raqu1reent {J 1) nooi'aont must attend at minimum tm (2) ARM mdr4S. The ARM mutbs (iut be completed within the rntl t1ce petiod end bafoio the license expiration dale. [J 2) Relstmt1on Is not required to attend, hONW you must 4n4n dwing the meethg AJJL MeeIr., held In Janu&y, Match, May J13 SeØmberf and Narret on the 2nd Thirs4ay of the miU start atlOam and end at 11 am El 3) We two mostho Owner oragentplStUend Ohm o agent attend ARK rnoe5 sOCaY 1 9. Th e 1011 0wi ng acOons are required for Multi-Family properties with four(4) or Moto unhiL U i Cotviuct redent al& 31Yt cmo praventiet tenis. 0 2) Co4uct regular res%enI meetingt Paso &$ Rena!LkensOf34 Re f4.1 City of BWly fi CnW-4wnity Dtvsn%tM 8301 Sbiqo0fftk ?atkway, Bookiyo Center, MN &5,00-21991 Phono (73) $634330 1 ITh 711 Fa (763) 5693360 ckt "I / 22 0111 IN NBrooldyn Center MN $5430 Community DDvaiopmt SectIons ti—LoI1gTofmC1p1aIfmpçôvemntPJan M compontnts ol a house wiU need to be rcØaced when It Is beyond repa1ic' Its useful fife. 8ased on çonn eid use, ai esttmad raçscement date v4 need to be rtWded for oath Ifsled itet ftems that era bo nawo or Inoperable may re*o roçJeeen*nl sooner then sthaduled All Items must have a date under the &LIniated Popbowl bate. Plans will not be approved If writing "don1 know9 , or leavIng It blank. It you are unsure Iwti*n en Rom wl need lobe repled, you can make a p:edklion based on the eg use, 00TWitio, or manufacture reconvnendtns. ....... '1 Iim Lest Replaced Condition' E3Umated Replacement Dale Exa4e:WotetHelcrMay2OiOFMay2O2O lom Last fiaplaed CondMon'Estimated ReplacementDate 1 urrace OCT 2005 F OCT 2020 Water Heater MAY 2010 F MAY2020 Ktchon Appancus MAY 2007 F JAN 2027 LaunppIans JAN0 JAN 202i Smoke Abtmsl JAN 2018 N JAN 2,028earms •JAN 2002 F JAN202 JAN 2002 F JAN 2030 Root JAN 2002 - F JAN 205 . Garage NIA N/A N/A MAY 2017 F 180.ASS0CtATI0N Fence NIA N/A WA N/A F 780A$$OCIATl0N Shed .NL N/A GoodO HetdsRsM'fl Paje 4t ReiitaJLkees Pfan Rev I 18 Cy of øtee)yn C4n—00mmun11y Di.ipmtt ww, $301 $hialo Creek Patkway, 8roolyn Centor, Mt4 6S43G.2199 Pione (163)56343301 Th 711 ax (763) $4360 SSS.S CkMtR 2932 6tht3ooklyn Conlor MN 55430 The Items in flis section have been proven to as1stvth popeily management, property fmage and rental fleense eateprovement. : The fo'lowlng aetlons are requited. ij X 2) fJ 3) Evkt tenants In Ywam of the Iaae o(any addendums,fJ 4) Romain cwrent on at utility tees, taxes, anls fires. pena1es, and out fimwd ds1ma/pineMs due to the Cy. [J 6) Have no repeat cede viats pevbj t1oeumented with the past yaa tEl 6) Ciduct a p spedn of the popey p?3rto the rental cqAnse mptdoo.SS S 7) Other SS S'S\ S The foIow1ng actions are optIonal unless requited by the City, U 1) Novidewsewce. 11 2) PtovIdearbagoaeM. S 3)Install sew6ty stem 4)PtoviO maintenance service plan kx apçianees. Name of senIoe OOMPOAT,0 The hanSeo must eemplj with the nppnwed P'an and all spplicabe City Codes. Acopyof the approved plan will be sent wTh a ten indulce to ompIywZh the rental tkene tei.*emenls. 5, Ro/L$oPM4.Re i148 t aoIy C t4rCcmu1ty Dst*pmnt 55 S 6301 St*te Creek Pay 800)yri Cen) MN 55430 .21gG I S Community De V6,1100ott -2,932 69th W N8rookyi Center MN 5430 Oud I w rffy W1 A Ik iatkn pm4ced is tsve sid acutale I unde rstand that if I do not omply with the aped PIn, ell itrns ONn the Iice pe", or øpte bd the fe m expkai dae etwo4I ac&s suI as tatIcis, (ctma MTOWS, oikense ret6w may rewL Mayerling Rios 2/27/2018 O Ait A&1aOhueIa O r ^1.. 212n2o1a: Ad,f6^,,4OAmtcrApOSI)io,Vo($AA*Ah) boo 11 _3&&4. ;::;; RWLn. Roy. 1448 Cy 01 8iok)p CIi—uyt*t tocetet.og 001WNfo Creek RooJyn Cen ter, MN 6$430299 M oe: (163) 60 -3330 1 TtY 111 Fw. (1) SO-WO City Crnmik Agenda Hem No. On #3 COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Mana(;^' FROM: Meg Beekman, Director of Community Development SUBJECT: Type IV 6-Month Provisional Rental License for 6613 Camden Dr 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 6613 Camden Dr. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval 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 single family property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on ten (10) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. Current rental license approval activities for license expires on 08/31/2018: 11-30-2017 The Owner, Mark Herstrom, applied for renewal of the rental dwelling license for 6613 Camden Dr, a single family dwelling. 12-12-217 The owner called to reschedule the rental inspection to 12-22-2017. 12-13-2017 The owner called to reschedule the rental inspection to 1-3-2018. 01-03-2018 An initial rental license inspection was conducted and failed. 10 property code violations were cited, see attached rental criteria. 02-06-2018 A second rental inspection was conducted and passed. Mission: Ensuring an attractive, clean, sqft, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 02-21-2018 City records indicate 0 validated police nuisance incidents occurred in The past twelve months. 02-21-2018 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-28-2018 The previous rental license expired. 03-07-2018 A Mitigation Plan was submitted. 03-14-2018 The Mitigation Plan was finalized. 03-19-2018 A letter was sent to the owner notifying that the hearing before the Council will be held March 26, 2018. If approved, after six months, a new rental license is required. The license process will begin approximately four months or immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will Mission: Ensuring an attractive, clean, saft, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. 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, Mission. Ensuring an attractive, clean, safe, inclusive community that enhances the quality of 1ft' for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv) - ____ Type I - 3 Year Type 11-2 Year Type III - 1 Year Type IV —6 Months 1-2 units 3+unjts 1-2 units j-t-umts 1-2 units 1-2 units 3+ units 0-1 Greater than 1 but not more than 4 Greater than 4 but not more than 8 Greater than 8 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lift for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 unitsGreater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community Attachment - Mitigation Plan Alission: Ensuring nit attractive, cleat;, safe, inclusive community that enhances the quality of lfC for all people and preserves the public trust CENIMM Community Development At Rental License Plan Handwritten Plans will not be accepted This form can be found on the website at www,cityofbrooklyncenterorgirentaI- plan Pr call (763) 569-3330 for an electronic version to be sent via email. El Action Plan—Type Ill (1 Year) JMitlgatlon Plan—Type IV (6 Months) Property Address: Camden Drive II1 Owners Names); Mark One Resources LW Local Agent; Mark Herstrom Owners Address: 16210 Nowthen Blvd NW Agent Address: 16210 Nowthen Blvd NW owners Phone 763 438-6832 1 Agents phone:I763438832 Owners Email; marki resources@gmail.com I Agents Email; 1 markl resowcesgmaii,comj Current Expiration Date [02/28/2018 I Pending Expiration Date [31/2018 J Based on the total number of property code violations found during the initial rental license inspection and/or validated police nuisance incidents, the above referenced property Is required to submit an Action (Type Ill) or Mitigation Plan (Type IV). In order to ensure timely completion of the license application process, a Plan must be completed immediately and submitted for approval. The Plan includes Phase I, II, and Ill of the Crime Free Housing Program. It also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes A rental license Plan allows the owner and the City to review concerns and Identify possible solutions to improve overall conditions of the property. If a Plan is not submitted and/or all items are not completed within the license period, or the above property operates beyond the license expiration date, enforcement actions such as an administrative citation, formal complaint, or license review may result. Read caref u lly and be sure to follow Instructions,,otheiwise your plan wiltnotbiapproved. Page 1/6 Rental License Mai), Rev, 1-1-18 City of Brooyn Center—Community Development wmcityofbrooklyncenterorg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-3330! TTY: 711 Fax: (763) 569-3360 0 (VL AT 1"19fCONUR 4 'CENTER 6613 Camden Drive Community Development Sections A—Crime Free Housing Program Requirements Phase I Read and check each box. flJ 1) A written lease agreement is required The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. J 2) Agree to pursue the termination of tease agreement or eviction of tenants who violate the terms of the lease or any addendums. 3)Conduct criminal background check(s) for all new prospective tenants. If it is a current tenant a new background check is not required, Upon the City's request, documentation showing a background check was completed must be provided. 4)Attend an approved eight-hour Crime Free Housing training course. Information for approved courses can be found at vrwimncpanet If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan, Crime Free Housing training is completed Crime Free Housing training is scheduled for Date i:iii Owner or agent plans to attend training at: Name of City 5) Submit Monthly Report by the 10 day of each month, Only required for Type IV— Mitigation Plans, Phase II Read and check each box. 1)Compiete a Security Assessment and implement improvements required by the Brooklyn Center Police Department. To schedule a Security Assessment, call (763) 569-3344. 2)A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. To schedule a follow up inspection call (763) 569-3344. Security Assessment is completed [J Security Assessment is scheduled for Page 21 Rental License Plan, Rev. 14-18 City of Brooklyn Center—Community Development wwwcityothrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 5633330 1 TTY: 711 Fax: (763) 569-3360 cENTER1 Community Development AT TH 6613 Camden Drive Sections A—Crime Free Housing Program Requirements (continued) Phase Ill A.R.M Meeting Requirement rxj 1) Owner or agent must attend at minimum two (2) A.R.M. meetings, The ARM meetings must be completed within the rental license period and before the License expiration date. 2) Registration is not required to attend, however you must sign-in dung the meeting. A.R.M. Meeting are held in January, March, May, July, September, and November on the 2nd Thursday of the month. Meetings start at 10am and end at 11am. j] 3) Write two months the owner or agent plans to attend. Owner or agent will attend ARM meetings scheduled for March and April The following actions are required for Multi-Family properties with four (4) or more units. U 1) Conduct resident training annually to include came prevenlian techniques. FN 2) Conduct regular resident meetings Page 3/6 Rental License Plan, Roy, 1448 City of Brooklyn Conter—Communfly Devetopmont w'wi.cityofbrookiyncenter.ofg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 (Phone: (763 663-3330 TTY: 711 Fax: (763) 569-3360 Item Furnace Water Heater Kitchen Appliances Laundry Appliances Smoke Alarms! Carbon Monoxide Alarms Ext e ri or Items Paint/Siding Windows Roof Garage Driveway Fence Sidewalks Shed Last Replaced 2006 2005 2017 Stove 2015 2018 TOA TOA TOA TOA NA Sections8 —Long Term Capital Improvement Plan All components of a house will need to be replaced when it is beyond repair or its useful life, Based on condition, age, and use, an estimated replacement date will need to be provided for each listed item. Items that are broken, damaged, worn, or inoperable may require replacement sooner than scheduled All items must have a dale under the Estimated Replacement Dale. Plans will not be approved if writing unsure "don't know or leaving it blank. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations, tern Last Replaced Condition* Estimated Replacement Date Example: Water Healer May 2010 F May 2020 Condition*Estimated Replacement Date O 2026 0 2020 0 2024 0 2022 N 2023 0 TOA fThwnhwno O''mc An) O TOA 0 TOA 0 Built-in G _TOA O TOA G TOA NANA 'Condition Abbreviations., NewN GoodG FaltF Needs Roplacomont:R Page 416 Rental License Plan, Rev, 1418 City of Brooklyn Center—Community Development www.cityofbrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 554302199 1 Phone: (763) 563-33301 TTY: 711 Fax: (763)569-3360 Sections C—Steps to Improve Management and Conditions of Property The items in this section have been proven to assist with property management s property image, and rental license category improvement. The following actions are required J 1) Check-in with tenants every 30-days. 2)Drive by property to check for possible code violations. 3)Evict tenants in violation of the lease or any addendurns.nx 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims!payments due to the City. 5)Have no repeat code violations previously documented with the past year. 6)Conduct a pre-inspection of the property prior to the rental license inspection. [] 7) Other: The following actions are optional unless required by the City. []1)Provide lawn/snow service. fl 2)Provide garbage service, 3)Install security system. 4)Provide maintenance service plan for appliances. Name of service company:LIII 5) Other: The licensee must comply with the approved Plan and alt applicable City Codes. A copy of the approved plan Will be sent with a reminder notice to comply with the rental license requirements. Page Rental License Plan, Rev, 1448 City of Brooklyn Center—Community Dovolopment wiw,cityofbrooklynCentOr.Or9 6301 Shingle Creek Parkway, Brooklyn Center MN 554302199 1 Phone: (763) 5633330 1 TTY: 711 Fax: (763) 5693360 Communfty Development AT THE CXNTER 6813 Camden Drive Sign and Veiify I verify that all Information provided is true and accurate. I understand that if I do not comply with the approved PIan comply with all horns within the license periods or operate beyond the license expiration date, enforcement actions such as citations, formal complaints, or license review may result. Mark, One Resources LLC Owner or AqW N/tine and NnO eo7i( m-) LL CL Date Addithno( Owner orAgont Name and Thto (lMppkabk PIoate Print) Mdtf coal Owner or Aenl &na'uro (If Appbcab.e) Date City $ttI Oitty ;^^ Tz=^ P&ko bepathneni Coma) kpinenI Date Page 616 Rental Ucene Plan, Rov 1 -148 City ef BrothJyn cntr—ConxnunIty Dev&epmeM wwicityofbrooklyncOnterOrg 6301 Shingle Creek Parky, Brooklyn Genter, MN 55430-2199 1 Phone: (163)563-3330 1 TTY: 711 Fax: (163) 669-3360 City Ccil Agenda Item No lla #4 COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Mane FROM: Meg Beekman, Director of Community Development ' SUBJECT: Type IV 6-Month Provisional Rental License for 7200 Dallas Rd 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 7200 Dallas Rd. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval 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 single family property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on eleven (11) 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. Current rental license approval activities for license expires on 08/31/2018: 11-27-2017 The Owner, Brian Natzel, applied for renewal of the rental dwelling license for 7200 Dallas Rd, a single family dwelling. 12-20-2017 An initial rental license inspection was conducted and failed. 11 property code violations were cited, see attached rental criteria. 01-23-2018 A second rental inspection was conducted and passed. Mission: Ensuring an attractive, clean, sqfè, inclusive community that en/sauces time quality of lfè for all people and preserves the public trust [i1flhJ[iJ I ak'A LA I MYA (I] tUI 11PM I 02-06-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 02-06-2018 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 ffiense. I.e. submit mitigation plan, completion of Phases I, N, and III of Crime Free Housing Program, etc. 02-28-2018 The previous rental license expired. 03-12-2018 A Mitigation Plan was submitted. 03-14-2018 The Mitigation Plan was finalized. 03-19-2018 A letter was sent to the owner notifying that the hearing before the Council will be held March 26, 2018. If approved, after six months, a new rental license is required. The license process will begin approximately four months or immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and Mision: Ensuring un attractive, clean, safe, inclusive coninuinhty that enhances the quality of life for all people and preserves the public (rust COUNCIL ITEM MEMORANDUM 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. 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 categQry 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, Mission: Ensuring an attractive, clean, safe, inclusive CornInunily that en/lances the quality of lfè for all people and preserves the public trust [EO]JJ[IJ I U V a U I k! (1) UI I1lA' I 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 cages 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. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 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 -0.25 5 or more units 0-0.35 !Iission: Ensuring an au,ac five, clean, sfè, inclusive communitythat enhances the quality of lift for all people and preserves (he public trust [i[I1lJSJ I Mh'4 U I k'A (I) 1.iI WJh'A I Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units :Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: e Safe, Secure, Stable Community Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of /jft for all people, and preserves the public trust Community Development t Rental License Plan Handwritten Plans will not be accepted. This form can be found on the website at cityothrooklyncenter,org1rentalp1an or coil (163) 5893330 for an electronic version to be sent via email. H Action Plan—Type ifi (1 Year) MWgation Plan—Type IV (6 Months) 7200 Dallas RoadAddress:ddress. Brooklyn Center, MN 55430 Owners Name(s): Brian Natzel Local Ae Renters Warehouse - 5105 Xerxes Ave S 13200 Pioneer Tri SteOwner's Address: Minneapolis, MN 55410 Agent Address. 100 Eden Prairie MN 55347 Owner's Phone k612 532 -2 348 Agent's Phone: fi 5447934945 1 Owner's Email: Lbrkln.natzel orascopuomJ Ageats Email, J Current expiration Date Pending Expiration Date Based on the total number of properly code violations found during the initial rental license inspection and/or validated police nuisance incidents, the above referenced property is required to submit an Action (Type ill) or Mitigation Plan (Type IV). In order to ensure timely completion of the license application process, a Plan must be completed immediately and submitted for approval. The Plan includes Phase I, II, and Ill of the Crime Free Housing Program. It also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes, A rental license Plan allows the owner and the City to review concerns and Identify possible solutions to improve overall conditions of the property. If a Plan is not submitted and/or all items are not completed within the license period, or the above properly operates beyond the license expiration date, enforcement actions such as an administrative citation, formal complaint, or license review may result. Read carofullyand,h Page 1/6 RenfaIL/c'.nso Plan, Rev, 11-18 City of Brooklyn Center-Community Development vA.ty0fbrOOklynC6nteror9 6301 ShIngle Creek Parkway, Brooklyn Center, MN 554302199 1 Phone: (763) 563-3330 1 TTY: 711 Fax: 763) 569-3360 *Community Dev e lopmentCENTER Al Tflg^CENT*A 7200 Dallas Road i Brooklyn Center, MW 55430 Sections A—Crime Free HouJng Program Requirements Phase I Read and check each box, fJ 1) A written lease agreement is required. The lease agreement shall Include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. tI .J 2) Agree to pursue the termination of lease agreement or eviction of tenants who violate the terms of the lease or any addendums. 1J 3) Conduct criminal background check(s) for all new prospective tenants. If it is a current tenant a now background check is not required. Upon the City's request, documentation show i ng a background check was completed must be provided. 4)Attend an approved eight-hour Crime Free Housing training course, Information for approved courses can be found at w,vw.mncpa.(1et. If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan. Crime Free Housing training is completed Crime Free Housing training Is scheduled for Date Owner or agent plans to attend training at: Name of City 5)Submit Monthly Report by the lob day of each month. Only required for Type IV— Mitigation Plans, Phase Ii Read and check each box. jj 1) Complete a Security Assessment and implement improvements required by the Brooklyn Center Police Department, To schedule a Security Assessment, call (763) 569 -3344. J 2) A follow-up assessment must be completed before the license expiration date to verify the security Improvements have been implemented. To schedule a follow up inspection call (763) 569-334 jJ Security Assessment is completed Security Assessment Is scheduled for Page 216 Rental License Plan, Rev, 1-1 -18 City of Brooklyn cntr—Community 0volpment www.cityofbrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 I Phone: (763) 563-3330 1 TI?: 711 Fax: (163) 669-3360 CIE VFER Al 1*U CUfl 7200 Dallas Road Brooklyn Center, MN 55430 Community Development Sections A—Crime Free Housing Program Requirements continued Phase UI - A,R.M Meeting Requirement J 1) Owner or agent must attend at minimum two (2) A.RM meetings. The A.R.M. meetings must be completed within the rental license period and before the License expiration date. 2)Registration is not required to attend., however you must Sign-in durIng the meeting. ARM. Meeting are held in January, March, May, July, September, and November on the 2nd Thursday of the month. Meetings start at lOam and end at 11am, 3)Wiite two months the owner or agent plans to attend Owner or agent vAil attend A.RM. meetings scheduled for ! _and U ly The following actions are required for Multi-Family properties with tour (4) or more untts FOR 1) Conduct resident training annually to include crime prevention techniques. I 2) Conduct regular resident meetings. Pa go 3/6 Rental License Plan, Aev, 14-18 City o f Brooklyn Center—Community Development ww9cityofbrooklyncenter.or9 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 6694360 , 4 14fR Community DevelopmentCE NR CTt 7200 Dallas Road Brooklyn Center, MN 55430 Sections B—Loflg Term Capital Improvement Plan All components of a house Will need to be replaced when it is beyond repair or its useful life, Based on condition, age, and use, an estimated replacement date will need to be provided for each listed item. Items that are broken, damaged, worn, or inoperable may require replacement sooner than scheduled. All items must have a date under the Estimated Replacement Date, Plans will not be approved If writing "unsure", "don't know", or leaving it blank. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations. Item Last Replaced Condition' Estimated Replacement Date Example: Water Heater May 2010 F May 2020 Item Last Replaced ConditloW Estimated Replacement Date Furnace - 2010 G June 2020 Water Heater 2010 ____June 2020 Kitchen Appliances 2012._June 2020 LaundyApp1Iances 2013 June 2020 Smoke Alarms!2017 June 2019Carbon Monoxide Alarms Exterior items June 2018 PaintiSiding 2015 F Windows 2000 0 June 2020 Roof 2003 0 June 2020 Garage 2016 0 June 2025 Driveway 1990 0 June 2025 Fence 200_June 2025 Sidewalks NJ NJa N/a Shed _190 -F June 2020 'Condition Abbrevlattoris: NewH GoodG FalrF Needs ReplacementR Page 416 Rental License Plan, Rev 1.1-18 City at Brooklyn Center–Community DevalOprnønt wAv.cityorbrook1yncentororg 6301 Shingle Creek Parkway, Brooklyn Cenler, MN 554302199 1 Phone: 783) 5$33330 1 TTY: 711 Fax: (763) 53360 0 VL 0 CENTERr Community Development T 7200 Dallas Road Brooklyn Center, MN 55430 Sections C—Steps to Improve Management and Conditions of property The items In this section have been proven to assist with property management, property image, and rental license category improvement. The following actions are required: 1) Check-in with tenants every 30-days. J 2) Drive by property to check for possible code violations, 3)Evict tenants In violation of the lease or any addendums. 4)Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial cl&rnslpayments due to the City. 5)Have no repeat code violations previously documented with the past year. 6)Conduct a pre-inspection of the property prior to the rental license inspection. J 7) Other: The followln9 actions are optional unless required by the City EJ 1)Provide lawn/snow service. 2)Provide garbage service. 0 3)install security system. 4)Provide maintenance service plan for appliances. Name of service company:E 5)Other: The licensee must comply with the approved Plan and all applicable City Codes. A copy of the approved plan will be sent with a reminder notice to comply with the rental license requirements. Page 5/6 Rental License Plan, Rev. 1-148 City 01 Brooklyn Center—Community Development ww,0yofbrooklyncen1er.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430•2199 1 Phone: (163) 5634330 1 TTY: 711 Fax: (763) 56-3360 I verify that all information provided Is true and accurate, I understand that If I do not comply vth the approved PIan comply with all items within the license period, or operate beyond the license expiration date, enforcement actions such as citations, formal complaints, or license review may result. Brian Natzel Owner Owner or Agent Name and T4, (Poaso Print) Ajuto k__ OrorAgon 3/11/18 Dale Addffloni Omrot Agent Nimo and Ta (It Applkablo, Piosø PthI) Adk,mjl Oe' or Ag ent 150a l ute (I/A pp)kabIe) baa City Staff Only 'PoVce OapMmonf Dale if •' - - / / /-.,- {,/ '^'4 / - - -\MUM DO.'eropriiI1l Page 616 Rent at License Plan, Rev, 418 City of Brooklyn Center—Community Development wrn,ctyoIbrooklyncenterm9 6301 Shingle Creek Parkway, Brooklyn Center, MN 554302199 1 Phone: (763) 5633330 1 TTY: 711 Fax: (763) 5$93360 City Coinirll Agenda Item No. 1© #5 COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Man, FROM: Meg Beekman, Director of Community Development SUBJECT: Type IV 6-Month Provisional Rental License for 2406 Ericon Dr 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 2406 Ericon Dr. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval 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 single family property. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on eleven (20) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. Current rental license approval activities for license that expires 07/31/2018: 10-25-2017 The Owner, Crystal Brummer, applied for renewal of the rental dwelling license for 2406 Ericon Dr, a single family dwelling. 11-09-2017 An initial rental license inspection was conducted and failed. 20 property code violations were cited, see attached rental criteria. 12-13-2017 A second rental inspection was conducted and failed. A $100 reinspection fee charged. 12-18-2017 The $100 reinspection fee paid. Alission: Ensuring an attractive, clean, soft, inclusive community that enhances the quality of lift for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 12-28-2017 The owner called to reschedule the rental license inspection to 1/9/2018. 01-05-2018 The owner called to reschedule the rental license inspection to 1/18/2018. 01-18-2018 The third rental inspection was conducted and failed. A $100 reinspection fee is charged. 01-22-2018 A fourth inspection was conducted and failed. A $100 reinspection fee is charged. 01-31-2018 A fifth inspection was conducted and passed with weather deferral. 01-31-2018 The previous rental license expired. 02-02-2018 $200 reinspection fees paid. 02-21-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 02-21-2018 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. 03-02-2018 A Mitigation Plan was submitted. 03-14-2018 The Mitigation Plan was finalized. 03-19-2018 A letter was sent to the owner notifying that the hearing before the Council will be held March 26, 2018. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. Mission: Ensuring all attractii'e, clean, Nufr, inclusive conufluflhly that enhances the quality of lift for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. 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. !'J!ssioii: Ensuring an attractive, clean, sf1', inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. Property Code and Nuisance Violations Criteria ^7 License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 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). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ljft for all people and preserves the public tru st COUNCIL ITEM MEMORANDUM License Category Number of UnitsValidated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 34 units Greater than 0.25 but not more than 1 5 or more unitsGreater 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 unitsGreater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive Coflufluflhly that enhances the quality of life for all people and preserves the public trust -y Community DevelopmentCIENTER AT JA1f'CVKTY,9-Rental License Plan Handwritten Plans will not he accop1ed This form can be found on the website at wj tbroo nterorgkenta1plan or call (763) 5693330 for an ectronc version to be sorit via email, iitiqatien Local Agent: Agent Address: Agents Phone: LflItII L_ .._ _. Expirahon Date: [71/18 J Based on the total number of property code violations found during the initial rental Icenso inspection ondlivi validated police nuisance incidents, the above r rencc-1 property Is required to submit an Action (typo III) or Mitigation Plan (Typo IV). In order m ensure mciy completion of Lao lice applicalon process, a Pan must be completed immediately a cdnd sibnt (o (approval. The Plan includes Phaco I, II, and III of the Crime Free Housing Program. It also includes treasures that mist be taken to ensure onoirg compliance wth City Ordinances and apphable codes, A rental licen Plan allows the o%InCt anti the City to review coccems and dntify Possible solutns to improve overall conditions of the properly. If a Plan is not submitted andior ah items are not completed within the license period, or the above property opomles beyond the license oxpiran date,enfoicement actions suth as an edrnnistrative citation format complaint,or license review may tOSuit ItharouttaflbUPre to you r p lan will ot be aj Page fF6 Rental Lkiso PLSIL Re 148 oiLy of MoUp Cnlr—CommunitY D*vblepm*M pcityofbro6k1yncCntOr.o 00I Shingle Cre& Pwkway, 8 1 00Myn Centcr, MN 55430-219 1 Phone: (763) 563-3330 flY: 711 Fax: (163) 569-3360 0 Community Development JY B E ICt Sections A—Crime Free Housing Projrani Requirements Phase I Rend and chock each box. [J 1) A written lease agreement is required. The lease agreement shall include the Crime Free Housing lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. [J 2) Agree to pursue the trr&natian of lease agreement or eviction of tenants who V iolate the terms of the lease or any addandums. fi—1[] 3) Conduct criminal background chck() for all now prospective enants, If it is a current tenant a new background check is not required. Upon the City 's request documentation showing a background check was completed must be provded. [] 4) Attend on approved eight-hour Crime Free Housing train ntraining course. Information for approved courses ca W found at vtMv.nrncpa.net . If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan. [] Crime Free Housing training is completed 3/15/1 6 Crime Free Housing training is scheduled for Dole Brooklyn Center[I]Owner or agent plans to attend training at Name of Citi 6 Submit Monthly Report by the 10 day of each month. Only required for Typo IV— Mitigation Plans Phase Il Read and check each box, r^FlJ ) Complete a Security Assessment and implement impovemenls required by the Brooklyn Center Police Department. To schedule a Security Assessment, call (763) 5694344. [] 2) A follow-up assessment must be completed before the license expiration date to verify the security irnprovenents have been implemented. To schedule a follow up inspecton call (763) 5693344, [fl Security Assessment is completed J Security Assessment Is scheduled for f'go 2/6 Rental Ucoose PIon Ro' 14.1 City o f a ro ojyti cuer—Com", oeviopment vwv,cityatbrooklyncenter.org 6301 Shingle Creek Pamway, Brooklyn center, MN 55430 -2199 1 Phone (163) 5634330 1 IIY: 711 Fax (163) 5$933$0 C.ID y.%., k ENR 1 TsTR Community Development Sections A-Cr!mo Free Hbusltig Program Requirements (continued) Phase ill ARM Meeting Requirement 1) Owner or agent must attend at minimum two (2) ARK meetings The A.RJt meetings must be completed within the rental license period and before the License expiration date. [J 2) RegIstration Is not required to attend, however you must stgn4n during the meeting. AFM. Meeting are hold in January March, May, July, September. and November on the 2nd Thursday of the month. Meetings stortt lOam and end at j1m. [] 3) Write (we months the oweer or agent plans to attend. March May Owner or agent will attend A.R.M. meetings scheduled for and The following actions are required for Multi-Family properties with tour (4) or more units. I 1) Conduct resident (r&ning annually to Include crime prevention techniques I 2) Conduct regular resident meetings. Po 3'G Rental Lkonse Plan, Rev. 1.14 City of 1tooyn Cen r—CemmnRy Ovetoprnmt vAW/.GityOfblyflCOfltef.O 6301 Shingle Creek Parkway, Brooklyn Center, MN 65430-2199 1 Phone: (763) 563-3330 1 TPr: 7ll Fax: (763) 569-3360 3. CENTER Community Development AT !U t Sections B—Long Term Capital linprov ent Plan All components of a house v!I need to be replaced when it Is beyond rep-air or its useful life. Based on condition, aged and use, an estimated replacement data w11 need to be provided for each listed item. Items that are broken, damaged, vim, or inoperable may require replacement sooner than scheduled. All items must have a date under the Estimated Replacement Date Plans will not be approved if writing unsuro" "don't know' or leaving It blank. If you are unsure of when an item wI need to be replaced, you can make a prediction based on the age, use, condition, or man ufctuie recommendations. Item Last Replaced Condition" Estimated Replacement Oat* Example: Water Heater May 2010 F May 2020 Item Furnace Water Heate Kitchen Appances Laundry Appliances Smoke Alams/ Carbon Monoxide Alarms Last Replaced Condition' 1993 0 2009 0 In home @ pur In home @ pur 0 2008&2016 F Estimated Replacement Date 2023 2028 2028 2028 2018 & 2026 Extetior items Paint/Skiing Win4ow Roof Garage Driveway Fence Sidowaks Shed Existing from p Existing from p Existing from p Existing from p Existing from p Existing from p Existing trom p N/A *Condition Abbtvlaflon New-41 Good't3 FatrP Heeds RplammtR Page 416 Rental Lceme Plan, Nov,1448 City of Brooklyn Cmtor—Community t)evIopment vmcityofbreoklyncenterorg 6301 Shngta Crk Parkway, Brooklyn center, MN 55 ,130421991 Phone: (763) $$33330 1 TTY: 711 Fax: (763) 5693360 0 ICENTER AT T CtT Community Development Sections C—Stepá to !rnproveMn9ómeflt and Conditions of P,perty The items in this section have been proven to assist with properly management, property iniae and rental license category improvernen1 The following attions are requlred [] 1) Check4n with tenants every 30days. [] 2) Drive by property to check for possibte code violation j 3) Evct tenants in viotation of the lease or any addondurns 4) Remain current on all utllty tees, taxes, assessments, fines, penalties, and other financial ctaims!payments due to the City. {J 5) Have no repeat code violations previously documented with the past year. J 6) Conduct a pre-inspection of the property prior to the rental license inspection. [J 7) Other The following actions are optional unless required by the City. 1)Provide lav'snow service. 0 2)Provide garbage service. [J 3)Install security sytem 4)Provide maintenance service plan for aptiancs. Name of service company: 0 5)Other The licensee must comply with the approved Plan and all applicable City Codes4 A copy of the approved plan will be sent with a reminder notice to comply with the rental license requirements Paie 516 Rental License Pfan, Ro 1.148 City of &oldyn Center—CrntnU&ty DoyoIopmet YtMV,citYO(bfOOklYflcflt8r.Org (3301 Shingle Creek Parkway, Brooklyn Center, MN 554302 10 1 Pho(w t763),663 ,3330 I 11Y 711 Fax: (763) 5693360 0 (( 4• fr 4, ICENR AT Y)U CtNYRO Community Development Sign and Verily I verity that at infoi'mahon provided is true and accurate. I understand that ill do not ceraply with the approved Plan, comply v. th at items within the license period, (Y oprate bond the license expiration date r enforcement sctons such as etations, formal complaints, or license review may 'result. Crystal BrunirnOr Property Manager O,ri At?tio &W 1¼ (Pkno 317/l3 O,wr' 0,' 4;ienr Sutwo Ada AkIki(Oxr )Q0i} HornoaM T1O (ffpc0b0 fo $o!) kA)0'iI Own 44 SkaUro (11 /10Io) City Staff Only 12 (Io atV1t \ . 21zLL Coriy D'.,(11f Pao V6 Rentol Lkon.o P!w RAV. 1418 city of a roo kl y n Cf Comunity DvIoprnoit wiwcityothrooklynCentOrOr 6301 Shingle Creek Parkway, Broeklyn Cen ter, MN 554302l99 1 Phone 763)533339 I TTY: 711 Fax: (763) 5593360 City Council Agenda I[tem No. lOa #6 COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Mana FROM: Meg Beckman, Director of Community Development Al SUBJECT: Type IV 6-Month Provisional Rental License for 5819 Knox 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 5819 Knox Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval 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 single family property. The previous rental license was a Type III 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. Current rental license approval activities for license that expires 07/31/2018: 10-25-2017 The Owner, Crystal Brummer, applied for renewal of the rental dwelling license for 5819 Knox Ave N, a single family dwelling. 11-09-2017 An initial rental license inspection was conducted and failed. 9 property code violations were cited, see attached rental criteria. 12-13-2017 A second rental inspection was conducted and failed. A$ 100 reinspection fee charged. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of'ItC for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 12-18-2017 The $100 reinspection fee paid. 12-28-2017 The owner called to reschedule the inspection to 1/9/2018. 01-09-2018 A third inspection was conducted and failed. A $100 reinspection fee charged. 01-26-2018 A fourth inspection was conducted and passed, however, $100 reinspection fee still owed. 01-31-2018 The previous rental license expired. 02-02-2018 The $100 reinspection fee paid. 02-21-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 02-21-2018 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. 03-02-2018 A Mitigation Plan was submitted. 03-14-2018 The Mitigation Plan was finalized, 03-19-2016 A letter was sent to the owner notifying that the hearing before the Council will be held March 26, 2018. If approved, after six months, a new rental license is required. The license process will begin approximately three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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 IIIission: Ensuring an attractive, clean, safe, inclusive community (11(11 enhances the qiusilty of lC for all people and preserves f lie public trust COUNCIL ITEM MEMORANDUM 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. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lift for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type 1-3 Year 1-2 units 0-1 Type II —2 Year 11-2 units Greater than 1 but not more than 4 Type III - 1 Year 11-2 units Greater than 4 but not more than 8 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 518B4O1, Subd. 2 (a). Mission. Ensuring an attractive, clean, sqfè, inclusive community that enhances the quality of ljft' for all people and preserves the public has! COUNCIL ITEM MEMORANDUM 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 unitsGreater 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 unitsGreater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community Attachment - Mitigation Plan !kliss!oii: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lite for a!lpeopk' and preserves the public trust Based on the total number of property We violations found during the initial rental license inspection and/or validated police nuisance incidents, the above referenced ptopety is required to submit an Action (Type Ill) or Mitigation Plan (Type IV) In order to ensure timely completion of the license application prose, a Plan most be compteted immediately and submitted for approval. The Plan includes Phase 1, II, and lii of the Crime Free Housing Program. It also Includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes A rental license Plan allows the onrnr and the City to review corwns and Identify possible solutions to improve overall conditions of the property If a Plan Is not submitted and/or all items are not completed within the license period, or the above property operates beyond the license expiration date, enforcement acons such as an administrative citation, formal complaint, or license review may result. gjefuliy ALe #p Pao 116 ienfel Ucenso Plan, Rov 14•8 cy of Brooklyn c jet—Community 0eve1oprnnt NAwi,dlyofbro4lyncentor.org 6301 Shingle Creek Pakvy, Brooklyn Center, MN 554302199 1 Phone: (163) 5633330 1 TI?: 711 Fax: (763) 560-3360 4 CEN1R Community Development Sections A—crin,e Free housing Pm gram Requirements Phase I . Read and check each box. r7lLi 1) A written lease agreement i required, The easo agreement shall include the Crime Free Hous'ng Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. j 2) Agree to pursue the terminaton of lease agreement or eviction of tenants vtho violate the terms of the lease or any addendums. [J 3) Conduct crimnal ha round check(s) for all new prospective tenants, if it s a current tenant a new background chock is not required Upon the Citys request, documentaton showing a background check was completed must be provided. J 4) Attend an approved ehthour Crime Free Housing training course Information for approved courses can be found atwmmncpanei If you have completed the course attach a copy of the crime Free Housing Certificate to the Plan. El Crime Free Housing training is completed [J crime Free Housing training Is scheduled for • Date • Brooklyn Center Owner or agent plans to attend training at : -*_____________ UwneofCy jfl s Submit Monthly Report by the 10th day of each month Only required for Typo 1V— Mitigation Plans. Phase U Read and checK each box, [J 1) Complete a Security Assessment and implement Improvements required by the Brooklyn Center Police Department To schedule a Security Assessment call (763) 5894344. 2) A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented To schedule a follow up inspection call (763) $93344 [] Security Assessment is completed Security Assessment is scheduled for Page 218 1?enie! License Plot), Rev. 1448 City of B;oøktyn Center—Community Development vvwcityobrooktyncenter.org 6301 Shingle Creek Parkway Booklyn Conter, MN 554302199 Phone: (763) 68343301 ITh 711 Fax: (163) 5693360 .p% + ,CENTER Community Development Sections A--•-Crime Freo Housing Program Roquircmonrs (conlinuod) Phase flu A.R.11 Meeting Requirement [!J 1) Owner or agent must attend at nfinimum two (2) ARM meetings. The AR.M meetings must be completed within the rental license period end before the License expiration date. {] 2) Registration Is not required to attend, hover you must sign4n during the meeting. A.R.M. Meeting are held in January, March, May, July, September, and November on the 2nd Thursday of the month. MeetIngs start at lOam and and at I lam 3) Writ two months the owner or agent pians 10 attend Match May Owner or agent will attend AJM, meetings scheduled for The following actions are required for MuitiFamlly properties with four 4) or more units. [J 1) Conduct resident training annually to include crime prevention techniques. c 2) Conduct regular resident meetings. Page 33 Rental Ucense Pian, Rev. 1448 City of Brooklyn Center..-CommunIty Development %WW.CityOfbtOOktyflCefltor.Org 6301 Shingle Creek Parkway Brooklyn center, MN 554302199 1 Phone: (163) 633330 iTt; 711 Fax: (763) 569.3360 C, 0 L JL .i 1' tLtFTi( Community Development Sections O—Long Term Capita! Improvomen Plan All cernponents of a house will need to be replaced when it is beyond repair or its useful life. Based on condition, age, and use, an estimated replacement date will need to be provided for each listed item, Items that are broken, damaged, worn, or inoperable may require replacement sooner than schatluled. All items must have a date under the Ellma1od RepJacemonf Vote. Plans will not be approved if writing "unsure' "don't know", or leaving It blank. If you are unsure of vten an item will need to be replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations. Item xnmplo: Water Hoa!oc Last Replaced May 2010 Condition' F Estimated Replacement Date May 2020 Item Last Replaced Condition'Estimated Replacement Date 1997 G 2027Furnace201632037Water Heater In home © put 0 2030Kitchen Appliances 2016 N 2036Laundry Appliances Smoke Alarms!008 & 2015 0 2018 & 2025Carbon Monoxide Alarms ltms Existing from p 0 2038Pain&Sding -Existing from p 0 2038Wt n d mrs txisting from p P 2023RoofExisting from p 3 when tear house doGarngeExisting from p F 2023OavewayExisting from p 0 2028FenceExisting from p 3 2050SidewalksN/AShed "Condition Abbrvitton NowlN Good-t3 tIrF Needs RopiacernentR P9 4 Rent a! LkeM$O Plan, RM i 14$ City of eroøt'n Cent —ommunIty Dv1opm*tt 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-210 1 Phone (163) 5633330 TTY. 711 Fax (163) 5693360 0 CENIER Community Development Sections C—Steps to Improve F.fanaernent and Conditions of Property The items in this section have been proven to assist v1ith property management, property image, and rental license category improvement. The following actions are required: 1) Check-in vith tenants every 30days. Lj 2) Drive by property to check for possible code volatms. jJ 3) Evct tenants in Violation of the lease or any adderdums Remain current on all utility fees, taxes, aasossmenls, ones, penalties, and other financial ctairnslpayments due to the City. [] 5) Have no repeat code violations previously documented with the past year. [j 7X 6) Conduct a pre-inspection of the property prior to the rental license inspection,E] 7) he__ The following actions are optional unless required by the City. ri 1)Provide lavxUsnoyisece. [J 2)Provide garbage seMc€ 3)Install security system. 4)Provide maintenance service plan for appliances Name of service company:El 5) The licensee must comply with the approved Plan and all applicable City Codes. A copy of the approved plan will be sent with a reminder notice to comply With the rental ricense requirements Page & Rental Lkensa Plan, Rev, 1448 Cly of Stooklyn Center—community Development vivofbrooklyncenter.or 6301 Shingle Creek Parkway, Brooklyn Center, MN 654302199 1 Phone: (783) $63-33301 TTY: 711 Fax: (763) 5693360 p CENTER Community Development A7 14CHTU Sign and Vii(y I 'erify that aU inforriaton provded IS true KInd accurate. I understand that if I do not comply with the approved Plan, compy wth all fterns within the license penud, or operate beyond the license expiration date, enforcement actions such as citatonS, formal complaints, or kmse review may result. Crystal Brurnrner Property Manager Gwi& CA0( Mno ord Thb ()3$0 Pk) -Off 317/18 CMvI cAgoi &lr Date Micnai rcA,oi Wa'x and Ttto f Ap ali&, Yaso Pth) idOtotAjor/ S.naft'o (UAppta) Date Chy Staff Only Cf . Tca içthre'. (. \comm (tyt(ap4nt - 'I/I) ) iii L" /' ) Pogo 6'6 Rm(ai LIctmse Plan, Rev, 1448 City of grooMyn Centat.—Community eieopcnnt wvPN.ciyo1brookF/ncenterotg 6301 Shingle Creek Parkway, 8rooktyn Centor, MN 554302199 1 Phone: (763) 5634330 1 ITh 711 Fax: (163) 5694360 City Cinch Agenda Item No. lOa #7 COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Man a(1 FROM: Meg Beekman, Director of Community Development SUBJECT: Type IV 6-Month Provisional Rental License for 7025 Newton 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 7025 Newton Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval 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 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. Current rental license arrnroval activities for license that exoires 08/31/2018: 12-13-2017 The Owner, Steve Branham, applied for renewal of the rental dwelling license for 7025 Newton Ave N, a single family dwelling. 01-03-2018 An initial rental license inspection was conducted and failed. 10 property code violations were cited, see attached rental criteria. 02-05-2018 A second rental inspection was conducted and passed with weather deferral. 02-21-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. IIiission: Ensuring an attractive, clean, sufè, inclusive canununit3' that enhances the quality of I(tè for all people and preserves the public trust EI]JJ(iJ fl ak"4 LU ø (I) U1UhJI 02-21-2018 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-28-2018 The previous rental license expired. 03-13-2018 A Mitigation Plan was submitted. 03-14-2018 The Mitigation Plan was finalized. 03-19-2018 A letter was sent to the owner notifying that the hearing before the Council will be held March 26, 2018. If approved, after six months, a new rental license is required. The license process will begin approximately three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police !4ission: Ensuring an attractive, clean, safe, inclusive community that enhances time quality of lift for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that en/sauces the quality of ljft for all people and preserves the public trust S[O1Ik'(SJ I U V IYA U I M 0) 1I WJ I 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. 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 1-2 units L Type 11-2 Year 11-2 units Greater than 1 but not more than 4 Type III - 1 Year 11-2 units Greater than 4 but not more than 8 Type IV - 6 Months 1-2 units Greater than 8 units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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 Mission: Ensuring an attractive, clean, safe, inclusive co?ninu?z!y that enhances the quality of lè for all people and preserves the public trust [SIiIIJJ I N N 3h'4 I I DI'A (I) 'IhIJ1SJ1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units •Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: . Safe, Secure, Stable Community Attachment - Mitigation Plan !1ission: Ens:uiisg an attractive, clean, •vafr, inclusive continually that enhances the quality of lift' for all people and preserves (lie public trust 0 Community DevelopmentENFER AV TH2jC9NTfR1 Rental License Plan Handwritten Plans will not be accepted. This form can be found on the website at w1vw,cayofbroolyncenterorg/rental-plan or call (763) 569-3330 for an electronic version to be sent via email. Action Plan—Type iii (1 Year) Mitigation Plan—Type IV (S Months) Properly Address: 7025 Newton Ave N Owners Name(s): Steve Branham Local Agent: Steve Branham Michelle Branham ._. Owners Address: 209 74th ave N Brooklyn Agent Address: 209 74th Ave N Brooklyn Park, MN 55444 Park, MN 55444 Owners Phone: . Ageflts Phone: j282_5soj Owners Email: tsbranhamhfacomcaSt.flet I Aflt4S Email: sbranhamhra@c 0 mj Current Expiration Date: [III ingPendExpiration Date,I 1 Based on the total number of property code violations found during the Initial rental license inspection and/or validated police nuisance incidents, the above referenced property is required to submit an Action (Type lit) or Mitigation Plan (Type IV), In order to ensure timely completion of the license application process, a Plan must be completed immediately and submitted for approval. The Plan includes Phase I, II, and ill of the Crime Free Housing Program. It also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property, If a Plan is not submitted and/or all items are not completed within the license period, or the above property operates beyond the license expiration date, enforcement actions such as an administrative citation, formal complaint, or license review may result Read camef ull and be sure to follow Instructions, our gi g n will not be a roved. Page 1/6 Rental Uceno Plan, Revs 1448 City of Brooklyn Center—Community Development yAw1.cityolbrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 65430-21991 Phone: (763) 563-3330 1 TI?: 711 Fax: (163) 569-3360 Community Development AT Y14f4cfNTER 7025 Newton AveN / Sections A—Crime Free Housing Program Requirements Phase I Read and check each box, 1)A viritten tease agreement is required. The lease agreement shall include the crime Free Housing Lease Addendum A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan, 2)Agree to pursue the termination of lease agreement or eviction of tenants who violate the terms of the lease or any addendums. 3) Conduct criminal background theck(s) for all new prospective tenants, If it is a current tenant a new background check is not required. Upon the City's request, documentation showing a background check was completed must be provided. f 4) Attend an approved eight-hour Crime Free Housing training course, Information for approved courses can be found at vAw.n1ncpanet. If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan, 0 Crime Free Housing training Is completed El Crime Free Housing training is scheduled for Date [J Owner or agent plans to attend training at: Name of City Ej 8) Submit Monthly Report by the 10 0, day of each month. Only required for Type IV— Mitigation Plans. Phase II Read and check each box, El1)Complete a Security Assessment and implement improvements required by the Brooklyn Center Police Department. To schedule a Security Assessment call (763) 569-3344. El2)A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. To schedule a follow up Inspection call (763) 5693344 J Security Assessment Is completed [J Security Assessment is scheduled for Page 216 Rental tkense Plan, Rev, 1-118 City of Brooklyn Center—Community Development ww.cityofbrooklyncenterorg 6301 Shingle Creek Parkway, Brooklyn Center, M14 55430-2199 I Phone: (763)563.3330 1 TTY: 711 Fax: (763) 569.3360 .) U.,.._•,.. 4 p •CENTER AT I YHE ^ Community Development 7025 Newton Ave N Sections A— Crime Frce Housing Program Requirements (continued) Phase Ill AAM Meeting Requirement 1) Owner or agent must attend at minimum two (2) ARM. meetings. The A.R.M. meetings must be completed within the rental license period and before the license expiration date. [] 2) Registration l$ not required to attend, however you must sign-in during the meeting. A.R,M. Meeting are held in January, Match, May, July, September. and November on the 2nd Thursday of the month. Meetings start at lOam and end at If am. 3) Wte two months the owner or agent plans to attend. Owner or agent will attend A.R.M. meetings scheduled for: The following actions are required for Multi-Family properties with four (4) or more units. I) Conduct resident training annually to include crime prevention techniques, fJ 2) Conduct regular resident meetings. Page 316 Rental License Plan, Rev, 1448 City o f Brooklyn Cenur—community Development www.cityofbrooklyncenter.org 6301 Shingle Creek Patkway, Br o ok lyn Center, MN 55430-2199 1 Phone: (163) 583-3330 1 TTY: 711 Fax: (763) 569-3360 VINNIMM Community Development Al Tt4U;C6NT9R 7025 Newton Ave N / Sections B—Long Term capital Improvement Plan All components of a house will need to be replaced when it is beyond repair or Its useful life, eased on condition, age, and use, an estimated replacement date Vill need to be provided for each listed item. items that are broken, damaged, worn, or inoperable may require replacement sooner than scheduled. All items must have a date under the Estimated Replacement Date, Plans will not be approved If writing "unsure", "don't know", or leaving it bla* if you are unsure of when an item will need to be replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations, Item Last Replaced Condition* Estimated Replacement Date Example: Water Heater may 2010 F May 2020 Item Furnace Water Neater Kitchen Appliances Laundry Appliances Smoke Alarms! Carbon Monoxide Alarms Exterior items Last Replaced Condition*Estimated Replacement Date April 2005 April 2035 Jan 2011 0 Jan 2021 Jan 2010 G Jan 2030 Jan 2008 0 Jan 2033 Feb 2018 G Feb 2028 Paint/Siding Windows Roof Garage Driveway Fence Sidewalks Shed June 2008 Jun 2008 July 2008 Jan 1965 Jan 1965 Feb 2010 No Sidewalk No shed 0 0 0 0 0 0 June 2028. June 2033 July 2033 Jan 2050 Jan 2050 Feb 2030 'Condition Abbreviations NawN GoodG F1F Needs ioplaccmentR Page 416 Rental License Plan, Rev. 1418 City of Brooklyn Center—Community Development WvAICityofbrOoklGenter.Org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 5633330 1 IT: 711 Fax: (763) 569-3360 G K Community Development AT 7025 Newtort Ave N Sections C—Steps to Improve Management and Conditions of Property The items in this section have been proven to assist with property management, property Image and rental license category improvement The following actions are required: [J 1) Check-in with tenants every 30-days. [J 2) Drive by property to check for possible code violations. ElIl 3) Evict tenants in violation of the lease or any addendums 4)Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. 5)Have no repeat code violations previously documented with the past year. [fl 6) Conduct a pro-inspection of the property prior to the rental license lnspection. El 7) Other: The following actions are optional unless required by the City. El1)Provide lawn/snow service. El2)Provide garbage service. El 3)Install security system. 4)Provide maintenance service plan for appliances. Name of service, company 0 5)Other_ The licensee must comply with the approved Plan and all applicable City codes, A copy of the approved plan will be sent with a reminder notice to comply with the rental license requirements. Page 5/6 Rental License Plan, Rev. 1-148 Cy of Brokiyn center—Community Development wvi,cltyofbrooklyncenter.Org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-219 Phone: (763) 563-33301 T1: 711 Fax: (763) 669-3360 0 Community Development AY tHt;tR 7025 Newton Ave N Sign and Verify verify that all information pro'.ided is true and accurate, I understand that it I do not comply with the approved Plan, comply with all items within the license peiiod, or operate beyond the license expiration date, enforcement actions such as citations, formal complaints, or license review may result Steve Branham Ower or Agent Name and Tllo (Pleso Pt/n!) Steve Branham 316/18 Oor orAgonl Stgrrafwe ba(o Add((/oia! Owner or Aenl Name and J (if Appfimlk, Pkaao Piir!) Addiono1 Owner or Agent Signature (If Applfc8bio) Date City staff Only (i_ct Police bepitmonI i4 L' a_ti iLL\1 / ohntyDevekpinont L4da, Date Page M Rental License Fan, Rev, 1148 City of &ookiyn Ccntr—Community Devolopment www.cityofbrooklcenter.otg 6301 Shingle Creek Partway, Brooklyn Center, MN 554302199 1 Phone: (763) 563-3330 1 TTY* 7111 Fax: (763) 5693360 City Council Agenda Item No. iOa #8 COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Man FROM: Meg Beekman, Director of Community Development SUBJECT: Type IV 6-Month Provisional Rental License for 6830 Scott 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 6830 Scott Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval 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 single family property. 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: 10-31-2017 The previous rental license expired. 11-07-2017 The Owner, Natan Zadik, applied for renewal of the rental dwelling license for 6830 Scitt Ave N, a single family dwelling. 10-05-2017 An initial rental license inspection was conducted and failed. Tenant denied access to the property. 10-19-2017 A second inspection was conducted and failed. Tenant denied access to the property. A$ 100 reinspection fee was charged. Iilssion: Ensnrii:g an attractive, clean, safe, inclusive corn;nunitv that en/sauces the quality of lfè for allpeopk' and preserves the public trust COUNCIL ITEM MEMORANDUM 10-31-2017 A third inspection was conducted and failed. 9 property code violations were cited, see attached rental criteria. A $100 reinspection fee charged. 11-13-2017 The $100 reinspection fee paid. 11-30-2017 A fourth inspection was conducted and passed, however, the $100 reinspection fee still owed. 12-18-2017 The $100 reinspection fee paid. 12-31-2017 The previous rental license expired. 01-09-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 01-09-2018 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-02-2018 A Mitigation Plan was submitted. 03-14-2018 The Mitigation Plan was finalized. 03-19-2018 A letter was sent to the owner notifying that the hearing before the Council will be held March 26, 2018. 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lift for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 pian 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. 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. Mission: Ensuring an attractive, clean, saje, inclusive community that en/sauces the quality of lfé for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 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 518B.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, soft, inclusive community that enhances the quality of lfè for ailpeople aizdpreserex the public trust COUNCIL ITEM MEMORANDUM 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 Category 1-2 Greater than 1 but not more than 3 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 unitsGreater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community Attachment - Mitigation Plan 4iLcsion: Ensuring an attractive, clean, safe, inclusive community that en/sauces the quality of lUè for all people and preserves the public (rust p Community Development Rental License Plan FED 02 2018 Handwritten Plans will not be accepted. This form can be found on the website at ywLcityofbrooktyncenterOrg/refltalPIan or call (763) 569.3330 for an electronic version to be sent via email, LIJ Action Plan—Type III (1 Year) Mitigation Plan—Type IV (6 Months) Property Address: 6830 Scott Ave Owner$ Name (s): Invitation Holes Local Agent(s) 2015-3 lH2 Borrower L.P. . 1210 Northland Drive Suite AgentOwner's ,uut6SS. 180 Mendota Heights MN 55120 Owner's Phone 1525631945 Agents Phone:: Owners Email; - kent's Email: - Current Expiration Date: 2- Pending Expiration Date: Based on the total number of property code violations found during the initial rental license inspection and/or validated police nuisance incidents, the above referenced property Is required to submit an Action (Type ill) or Mitigation Plan (Type IV). In order to ensure timely completion of the license application process, a Plan must be completed immediately and submitted for approval. The Plan includes Phase I, II, and ill of the Crime Free Housing Program. it also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If a Plan is not submitted and/or all items are not completed within the license period, or the above property operates beyond the license expiration date, enforcement actions such as an administrative citation formal complaint, or license review may resulL Read arefully and be sure to f&i instructions otherwise our Ian will n ot b e Pa9e 1/6 Rental License Plan, Rev 1-1-18 City of Brooklyn Conte r—ComMunity Development wwwcityofbrooklyncenter,org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 p4. 4IL o CENTER AY 6830 Scott Ave N'. Community Development Sections A—Cdmo Free Housing Program Requirements Phase I Read and chock each box.E] 1) A written lease agreement is required. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. El 2) Agree to pursue the termination of lease agreement or eviction of tenants who violate the terms of the lease or any addendums. 3) Conduct criminal background chock(s) for all new prospective tenants. If it is a current tenant a new background check is not required. Upon the City's request, documentation showing a background check. was completed must be provided. [J 4) Attend an approved eight-hour Crime Free Housing training course. Information for approved courses can be found at www.mncpa.net . If you have completed the course attach a copy of the Crime tree Housing Certificate to the Plan. Crime Free Housing training is completed Crime Free Housing training is scheduled for Date Owner or agent plans to attend training ,,Delisa Name of City ElI s Submit Monthly Report by the 10th day of each month, Only required for Type IV— Mitigation Plans, Phase Ii. Read and chock each box. 1)Complete a Security Assessment and implement improvements required by the Brooklyn Center Police Department. To schedule a Security Assessment, call (763) 5694344, 2)A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. To schedule a follow up inspection call (763) 569444, Security Assessment is completed Security Assessment is scheduled for Page 2/6 Rental License Plan, Rev, 1118 City of Brooklyn Center—Community Development wwv.cityafbrookIyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 5634330 1 TTY: 711 Fax: (763) 5694360 I S p Ii CR Community Development c Utl tc''H 6830 Scott Ave N / Sections A—Crime Free Housing Program Requirements (continued) Phase 10 ARM Meeting Requirement 1) Owner or agent must attend at minimum two (2) AR.M. meetings, The A.R.M. meetings must be completed within the rental license period and before the License expiration date, jJ 2) Registration is not required to attend, however you must sign in during the meeting A R M Meeting are held in January, March, May, July, September, and November on the 2nd Thursday of the month, Meetings start at lOam and end at 11 am. 3) Write two months the owner or agent plans to attend. 3/8/18 3/2018Owner or agent will attend ARM. meetings scheduled for: The following actions are required for Multi-Family properties with four (4) or more units. LIII 1) Conduct resident training annually to include crime prevention techniques. LII 2) Conduct regular resident meetings. Page 3.'6 Rental License Plan, Rev. 1-1-18 City of Brooklyn Center—Community Development wwv.cilyofbrooklyncenterorg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) $63-3330 TTY: 711 Fax: (763) 569-3360 CENTER Community Development AT $830 Scott Ave N Sections 8—Long Term capita! improvement Plan All components at a louse will need to be replaced when it is beyond repair at its useful life, Based on condion, age, and use, an estimated replacement date will need to be provided for each listed item. Items that are broken, damaged, worn, or inoperable may require replacement sooner than scheduled. All items must have a date tinder the Estimated Replacement Date, Plans will not be approved if writing "unsuro "don't know or leaving it blank. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, use, condiUon, or manufacture recommendations, Item Last Replaced Condition' Estimated Replacement Date Example Water Water May 2010 F may 2020 Item Last Replaced Condition*Estimated Replacement Date Furnace 2014 F 2022 Water Heater 2013 F 2028 Kitchen Appliances F 2025 Laundry Appliances 01 !_.20 Smoke Alarmsl Carbon Monoxide Alarms Exte rior Items PaintlSidng 11•n/a Windows 2013 Roof ri!a F n/a Garage 2 028 _- triveway F 2041 Fence ••• Sidewalks ••____ Shed n/a ri/a 'Condition Abbreviations: NeWUN GoodG FaIrF Needs RopIacemantR Page 4/6 Rental License PIm, Rev. 14-18 City of Brooklyn Center—Community Development vw,dtyolbrookiyncenter.0rg 63011 Shingle Creek Pakway 3 Brooklyn Center, MN 55430.21991 Phone: (763)563-33301 TTY: 7111 Fax: (763) 569-3360 0 CENTER 6830 Scott Ave N Community Development / Sections C—Stops to Improve Man.aernont and Conditions of Property The items in this section have been proven to assist with property management, property image, and rental license category improvement. The following actions are required: 0 1) Check-in with tenants every 30-days. El 2) Drive by property to check for possible code violations. 3)Evict tenants in violation of the lease or any adderidums. 4)Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. 5)Have no repeal code violations previously documented with the past year. 6)Conduct a pre-inspection of the property prior to the rental license inspection, U 7) Other: The following actions are optional unless required by the City. []1)Provide lawn/snow service. EJ 2)Provide garbage service, 3)Install security system. 4)Provide maintenance service plan for appliances. Name of service company: 5)Other: The licensee must comply with the approved Plan and all applicable City Codes. A copy of the approved plan will be sent with a reminder notice to comply v4th the rental license requirements. Page 5/6 Rental License Plan, Re 1448 City of Brooklyn Center—Community Development www.cityothrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 5633330 1 TTY: 711 Fax; (763) 569-3360 K ICENTER AT,TH 6830 Scott Ave N Community Development Sign and Verify I verify that all information provided is true and accurate. I understand that If I do not comply with the approved Plan t comply with all items within the license period, or operate beyond the license expira ti on date, enforcement actions such as citations, formal complaints or license review may result. Tescia Bratcher almot or Agont Nrno and rND (Please P'hnl Omer or ACfll Signolurn Date Shared Services Addition& Owner or Agent iwne end Title (1Mppfrabte, P!eae Print) Adthtkina! Owner orAgent Signawre (it Applic able) Date City Staff Only Police Dopaien( flit O^t4 Date Dto Page 6/6 Rental L icons Plat), Rev. 1.148 City of Bro o klyn Center—Cmniunity Development wwcityofbrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center MN 55430-2199 1 Phone: (763)56343301 TTY: 711 Fax: 763) 569-3360 City Cmrdi©fili Agenda Item No. lOa #9 COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Man' FROM: Meg Beekman, Director of Community Development Pi:31 SUBJECT: Type IV 6-Month Provisional Rental License for 5325 701h Cir 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 5325 70th Cir. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for 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 single family property. The property qualifies for a Type IV Rental License based on twenty (20) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Under this license action, the property owner will receive two successive Type IV Rental Licenses - one that will have expired on February 28, 2018 and one that will expire on August 31, 2018. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license armroval activities for license that exoires 08/31/2018: 02-12-2018 The owner, Douglas Allen Wahl, applied for renewal of the rental dwelling license for 5325 70 th Cir, a single family dwelling. 02-14-2018 A Mitigation Plan was submitted. 02-23-2018 The Mitigation Plan was finalized. 02-28-2018 The previous Type IV Rental License expired. Mission: Ensuring an attractive, dean, saft, inclusive community that en/sauces the quality of lift for sill people and preserves (he public has! COUNCIL ITEM MEMORANDUM 03-07-2018 An initial rental license inspection was conducted. Seven property code violations were cited, see attached rental criteria. 03-19-2018 A second inspection was conducted and passed. 03-19-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 03-19-2018 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. 03-19-2018 A letter was sent to the owner notifying that the hearing before the Council will be held March 26, 2018. Prior rental license approval activities for license that expires 02/28/2018: 08-24-2017 The owner, Douglas Allen Wahl, applied for renewal of the rental dwelling license for 5325 70 1h Cir, a single family dwelling. 09-11-2017 An initial rental license inspection was conducted. 7 property code violations were cited, see attached rental criteria. 08-31-2017 The previous Type IV Rental License expired. 10-13-2017 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-27-2017 A third inspection was conducted and passed, however, reinspection fees still owed. 11-09-2017 A $600 Administrative Citation was issued for operating without a rental license. 11-20-2017 The $100 reinspection fee was paid. 12-06-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 12-06-2017 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. 02-08-2018 A $1200 Administrative Citation was issued for operating without a rental license. 02-14-2018 A Mitigation Plan was submitted. 02-23-2018 The Mitigation Plan was finalized. 03-19-2018 A letter was sent to the owner notifying that the hearing before the Council will beheld March 26, 2018. Prior rental license approval activities for license that expires 08/31/2017: 12-20-2016 The Owner, Douglas Allen Wahl, applied for renewal of the rental dwelling license for 5325 70 ' Cir, a single family dwelling. 01-31-2017 An initial rental license inspection was conducted and failed. 10 property code violations were cited, see attached rental criteria. 02-28-2017 The previous rental license expired. 05-16-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. Mission, Ensuring an attractive, clean, sfè, inclusive community that enhances the quality of lfè for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 06-07-2017 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 06-23-2017 The $200 reinspection fees were paid. 07-17-2017 The fourth inspection was conducted and the rental license passed. 07-21-2017 A $300 Administrative Citation was issued for operating without a license. 08-07-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 08-07-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-14-2017 A Mitigation Plan was submitted. 08-21-2017 The Mitigation Plan was finalized. 09-01-2017 A letter was sent to the owner notifying that the hearing before the Council will be held September 11, 2017. If approved, after six months, a new rental license is required. The license process will begin in approximately two months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lift for all people and preserves the public trust [i[I1Si[J I fl V V ai Ih'A I ak'i (I) 1I flJJh'A I opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation pian. 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. 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 !1issioiiEnsiir!iig (in attractive, clean, sift, inclusive community that enhances the quality of lfè for all people am/preserves the public trust COUNCIL ITEM MEMORANDUM 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. Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit 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 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) Mission: Ensuring an attractive, clean, safe, inclusive cotninunity that enhances the quality of lift for a!! people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 I 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 34 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving Two Type IV Rental Licenses for 5325 70th Cir !frI!sion: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ljft 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 5325 70 " CIR WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5325 70 1h Cir, is issued a Type IV Rental License with an expiration date of February 28, 2018; and WHEREAS, the property located at 5350 70'h Cir, is issued a subsequent Type IV Rental License with an expiration date of August 31, 2018; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 5325 70th1 Cir, Brooklyn Center failed to complete security improvements. 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 5325 70th Cir, Brooklyn Center, MN. March 26, 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. BmI1DING AND COMMUNITY STANDUWS Cityof40iffiltoolmyx Rental License Mitigation PlanCENTER Typo IV License Handwritten Mitigation Plans will not be accepted. A tillable form can be found on the City's website at wv,w,dtyofbrooktyncenter.org or call (763) 569-3330 to have an electronic copy sent to you via email. Based on property conditions and/or validated police nuisance Incidents, the above referenced property qualifies for a Type IV-6 Month Rental License. Prior to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff. A Mitigation Plan must be completed immediately In order to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan allows the owner and the City to review concerns and identity possible solutions to Improve overall conditions of the property. If the Mitigation Plan is not submitted, and all items are not completed within the pending license period, or the above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint, or license review may result. before submitting, fill-out Sections A, B, and C located on pages 2, 3, 4, and S. Pgo 116 Typo IV RonW Ucetso Mitig a tion Plat), NY. 444-I5 City ofSrooklyu Cete -3uflding and Community Standards topaiment 63O1 Shnjl Ctk Pt1wny, Swaklyn CMr, MN 66430-2109 1 Phor (163) $S-33O I TM 711 I Fa (763) 680-3$O • BLDD MIC AND COVflJNIfl' STANDARDSXCityoIBROOELYN 5325 70th Circle NTER 8rokyptorçjN Rental License Mitigation Plan Type IV License N ME I Phase I 1713 1) Use a written lease agreement, The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum most be attached to the Mitigation Plan when submitted,11213 2) Agree to pursue the termination or lease agreement or eviction of tenants who violate the terms of the lease or any addendums, 1711 3) Conduct criminal background check for all new prospective tenants. If it is a current tenant a new background check is not required. Must be able to provide documentation to City if requested. 1713 4) Attend a City approved eight-hour Crime Free Housing training course, Information for approved courses can be found at www.mncpa;net under the Training and Events tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. Crime Free Housing training was complpted onus scheduled for: Owner or agent attended/is planning to attend training at city of: 1213 5) Submit Monthly Update by the W day of each month. Phase II 17J 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department. To schedule an initial or follow-up Security Assessment, call (763) 569-3344. A follow-up assessment must be completed before the license expiration date to verify the security Improvements have been Implemented. If a Security Assessment has been previously completed, write the completion date, Security Assessment was completed onus scheduled for: ,14'18 Security Assessment follow-up was completed on/is scheduled for: Continue Sections A Phase III on page 3. Page Ve Typs IV Rental License Mtkjntion Plen, Rev. 444.16 City ofof Brooklyn Con1e—ThU1thng and Community Standds Department w.ctye1breeklyncen1er.oj 0301 Shingle Creek Parkway, flrooklyn Cantor, MN 55430-2109 1 Phone: (163) 5694330 1 TTY: 711 1 Fax: (783) 5693360 i of _____ BJThDING AND COMMUNtT STANDARDS 6325 70th Cirde Rental License Mitigation Plan Type IV License Phase 111 1?j 1) Owner or agent will attend at minimum 50% (2) of the A.R.M. meetings. The AR.M. meetings must be completed within the rental license period and before the pending Typo IVLlcense expiration date. Registration is not required, however you must sign-in during the meeting. Write two meeting dates an owner or agent plan to attend. Owner or agent will attend ARM. meetings scheduled Ad r _6 "I7J2> Have no repeat code violations previously documented with the past year. The following actions are required for properties With four (4) or more units.U 1) Conduct resident training annually that includes crime prevention techniques.fJ 2) Conduct regular resident meetings. Page av Typo JV Renta Lfc,e Ms1i906oi Plan, Roy, 4-14-1$ City øfEook1y Center—.Buftding and Commnnfty Stadaxü Dpaiznent e301 lt Creek Paskway, Brooklyn Crntor, MFZ 5543O2t9 1 Phone. (703) S69-3330 I TI?. 711 I Fac(763)60.3360 BiThfl1NG AND COMMWflTY STANDARDS 5325 70th CircleRO City LYN iRC ,, j Rental License Mitigation Plan Type LV License Based on condition and age, estimated replacement dates need to be provided for common capital Items, Funding should be considered accordingly. Items that are broken, worn, or otherwise in violation prior to the estimated replacement date need to be replaced sooner. All items must have a date for Estimo (cci Replacement bate. Dates such as "unsure", "don't know", or "when broken" will not be accepted. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, appearance, condition, or manufacture/industry recommendations, Additional information on Expected Useful Life can be found at wwwiiud.gov . Item Date Last Replaced Condition* Expected Replacement Date May2QO Furnace !L. 2021 Water Heater 2011 (3 2019 Kitchen Appliances 2012 G 2020 Laundry Appliances 2012 a 2020 Smoke Alarms! Carbon Monoxide Alarms 2015 N 2025 xtar1or Items Paint/Siding 2016Assn N 2026 Windows 2013 t3 2023 Roof 2012-Ari G 2023 Fence Shed Garage Driveway 2010-Ann G 2023 Sidewalks 2013 N 2023 Other: *Coodition Abbreviations:New--N GoodiG Fair--F Needs Rep1acementg Page 4,V Typo IVR.onlal Licoao Mitigation ptojj, Aot 444-15 City of Bok1yx Couto—building .:and Community Standards Doprtmont WcityotbrookJynonter,og 0301 Shingle Creek Ptiy, E3rooklyn Center, MN 55430-2109 I Phono: (763) 569-3330 1 ITY: 711 I Fox(763)669-3360 BUXLi)ZNG MID COMMUNITY STANDARDSCity of vjN i, D 0 R Rental License Mitigation Plan Typo IV License WN--iWr, 010:7 ON SO #` 1) The Items in this section have been proven to assist with property management and property Image. The following actions are required: EZI 1) Check-in with tenants every 30-days. J 2) Drive by property to check for possible code violations, IZI 3) Evict tenants in violation of the lease or any addendums, 1?I 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. El 6) Other: The following actions are optional unless required by the City. EJ 1) Provide lawnlsnow service. 0 2) Provide garbage service. El3)Install security systemS El4)Provide maintenance service plan for appliances. Name of service company: [J 5) Other: If the Type IV-6 Month Rental License is approved by the City Council, the licensee must comply with the approved Mitigation Plan and all applicable City Codes. A written report must be submitted by the 1O day at each month with an update of actions being taken by the owner and/or agent to comply with this Mitigation Plan. A copy of the Monthly Update can be found on page 7. A tillable form can be found on the City's website at www.cityofbrooklyncenter.org or call (163) 569-3330 to have an electronic copy sent to you via email. Please attach additional Information If necessary. Pzigo 5/6 Type IVII4fl14 LIceno Mitigation Plan, Iov. 4-1445-_ - 6301 ShInI Creek Parkway, Brooklyn Center, MN 65430-2199 1 Phone: (763) 5693330 1 TTY: 71i I Fax(763)569-33M 1UJflT)ING AND COMMUNITY STANDARDS i City of t THIN _ Rental License Mitigation PlanCEN Type IV License r I verily that all information provided is true and accurate. I understand that if I do not comply with the approved Mitigation Plan, comply with all items within the license period, or operate beyond the license expiration date s enforcement actions such as citations, formal complaints or license review may result. Douglas Wahl Owner erA gent Alamo and Title (Please Print) 2/112018 Owner or Agent Signature, Dole Additional Owner orAor Name and 71ffe(lMpplkabto, Please Print) Additional Owner or Agent SignoWto 7f Appiicvihlo,1 Dole City Staff only Police Doporirnonl / data4j-i* L& Zj jo and Community Standards Departmeflt Dab Pop Typo lVIenIaI t/coho Mmgatlen Plan, RN. 44445 cfty ofookiy Center—auliding and Comrnunfty Standards XpartnLont 6301 5hInto Creek Piw.ay, Brooklyn Center, MN 65430-2199 1 Phone: (763) 569-33 l IT?; 711 1 Fex (7G3) S69.3$0 City Cowin©ll Agenda Item No. 16 [I[I]JJ[IJ I U V N ak'A LA I M'A 0] 1I flhI'A I DATE: March 26, 2018 TO: Curt Boganey, City Manag FROM: Meg Beekman, Director of Community Development SUBJECT: Type IV 6-Month Provisional Rental License for 6501 Brooklyn Dr 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 6501 Brooklyn Dr. 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 March 13, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The property qualifies for a Type IV Rental License based on fourteen (14) property code violations found during the initial rental inspection and one (1) validated police nuisance incidents for the past twelve months. Further, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings. 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 12-914.1c 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I[I1SJ[i1 I UI N M4 IYA I k'A OJ 1I )1IJ I The following is a brief history of the license process actions. Current rental license approval activities for license that expires 03/31/2018: 08-14-2017 The owner, Dawn M Araya, applied for renewal of the rental dwelling license for 6501 Brooklyn Dr, a single family dwelling. 08-31-2017 An initial rental license inspection was conducted. Fourteen property code violations were cited, see attached rental criteria. 09-30-2017 The previous Type IV Rental License expired. 10-02-2017 A second rental inspection was conducted and failed. The tenant denied access to the property. A $100 reinspection fee was charged to the property. 10-17-2017 A third rental inspection was conducted and failed. No reinspection fee was charged. 10-31-2017 A fourth rental license inspection was conducted and passed, however, $100 reinspection fee is still owed. 11-09-2017 City records indicate one validated police nuisance incidents occurred in the past twelve months: 09/02/2017; disturbing peace. 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. 12-01-2017 The $100 reinspection fee was paid. 12-14-2017 A $300 Administrative Citation was issued for operating without a rental license. 03-13-2018 A Mitigation Plan was submitted. 03-16-2018 The Mitigation Plan was fmalized. 03-19-2018 A letter was sent to the owner notifying that the hearing before the Council will be held March 26, 2018. Prior rental license approval activities for license that expires 09/30/2017: 08-19-2016 The Owner, ADS, LLC, applied for an initial rental dwelling license for 6501 Brooklyn Dr, a single family property. 09-08-2016 An initial rental license inspection was not conducted; no access was provided at time of inspection. 10-06-2016 A $300 Administrative Citation was issued for renting without a license. 12-19-2016 A second inspection was conducted and failed. 13 property code violations were cited, see attached rental criteria. 01-17-2017 A third inspection was conducted and rental license passed. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 02-08-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-21-2017 A Mitigation Plan was submitted. 03-03-2017 The Mitigation Plan was finalized. 03-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held March 13, 2017. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances time quality of life for all people and preserves time public trust [i[I)SJ(SJ ifl I Ih!A L' I thYA (I) 1I hiM 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. 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, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust I]JJ[iJ I fl I I 3k'4 UYA I IhY4 0) 1I WJ'A I 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. 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 I but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License I Number of Units I Validated Calls for Disorderly Conduct Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i[I1SJ[I fli I a U I ak'A (I) 1IJ I 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 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 6501 Brooklyn Dr Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6501 BROOKLYN DR WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6501 Brooklyn Dr, was issued a Type IV Rental License on March 13, 2017; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6501 Brooklyn Dr, 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 6501 Brooklyn Dr, Brooklyn Center, MN. March 26,_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. Handwritten Plans will not be accepted. This form can be found on the webse at viv.cityofbrooklyncenter.orgIrental-pian or call (763) 569-3330 for an electronic version to be sent via email. Based on the total number of property code violations found during the initial rental license inspection andfor validated police nuisance incidents, the above referenced property is required to submit an Action (Type Ill) or Mitigation Plan (Type IV). In order to ensure timely completion of the license application process, a Plan must be completed Immediately and submitted for approval. The Plan includes Phase I, II, and Ill of the Crime Free Housing Program. It also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If a Plan is not submitted andtor all items are not completed within the license period, or the above property operates beyond the license expiration date, enforcement actions such as an administrative citation, formal complaint, or license review may result. Read su re your plan will not be approved. Page 1/6 Rental License Plan, Rev. 11.16 ity of Brooklyn Center—Community Development www.cityofbrooklyncenter.org 301 Shingle Creek Parkway, Brooklyn Center, MW 55430-2199 1 Phone: (763) 563•3330 1 TTY:/i 1 Fax: (763) 569-3360 SctIons ACdme Free Rus1hgProgram:Requ1renients Phase I - Read and check each box. El] 1) A written lease agreement is required. The tease agreement shall include the Crime Free Housing Lease Addendum, A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. EI 2) Agree to pursue the termination of lease agreement or evicon of tenants who violate the terms of the lease or any addendums. J 3) Conduct criminal background check(s) for all new prospecve tenants. If it is a current tenant a new background check is not required, Upon the City's request, documentation showing a background check was completed must be provided. [] 4) Attend an approved eight-hour Crime Free Housing training course. Information for approved courses can be found at vAw.nincpa.net . If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan. Crime Free Housing training is completed I Crime Free Housing training is scheduled for Date I Owner or agent plans to attend training at: Name of City Eli s Submit Monthly Report by the 10th day of each month. Only required for Type IV— Mitigation Plans. Phase II - Read and check each box. [] 1) Complete a Security Assessment and implement improvements required by the Brooklyn Center Police Department. To schedule a Security Assessment, call (763) 569-3344. 2) A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. To schedule a follow up inspection call (763) 569-3344. El] Security Assessment is completed [] Security Assessment is scheduled for Page 2/6 Rental License Plan, Rev. 1.148 City of Brooklyn Center—Community Development WM.cityOfbrOOkIyflCenter.or9 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-3330 1 IT?: 711 Fax: (763)569-3360 Sectio ns A—Crhio ftee i*nistng Pngm Re ents (continued) Phase ill A.R.M Meeting Requirement 1) Owner or agent must attend at minimum two (2) A.R,M. meetings. The A.R.M. meetings must be completed within the rental license period and before the License expiration date. El] 2) Registration Is not required to attend, however you must sign-in during the meeting. A.R.M. Meeting are held in January, March, May, July, September, and November on the 2nd Thursday of the month. Meetings start at lOam and end at 11am, 3) Write two months the owner or agent plans to attend. May SeptemberOwner or agent will attend A.RM, meetings scheduled for: __and______________ The following actions are required for Multi-Family properties with four (4) or more units. E] 1) Conduct resident training annually to include crime prevention techniques. J 2) Conduct regular resident meetings. Page 3/6 Rental License Plan, Rev. 1-1-18 City of Brooklyn Center—Community Development ww,cityofbrooklyocenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-3330 1 flY: 711 Fax: (763) 569-3360 Sections RLongTei$CupkUmprveinóntPlan All components of a house will need to be replaced when ills beyond repair or its useful life. Based on condition, age, and use, an estimated replacement date will need to be provided for each listed item. Items that are broken, damaged, worn, or inoperable may require replacement sooner than scheduled, All items must have a date under the Estimated Replacement Dale, Plans will not be approved if wilting "unsure", "don't know", or leaving it blank. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations. tern Last Replaced Condition Estimated Replacement Date Example: Water Healer May 2010 F May 2020 Item Furnace Water Heater Kitchen Appliances Laundry Appliances Smoke Alarms! Carbon Monoxide Alarms Exterior Items Paint/Siding Windows Roof Garage Driveway Fence Sidewalks Shed Last Replaced Condition 10/01/2017 N 02/01/2017 N 05101/2016 N 05/012016 N 0910112017 N nc/nhI'n1R 2011 N N F F F G acement Date &rf (pM#c x1 2020 'Condition Abbreviations: NewN GoodG FairF Needs ReplacementR Page 416 Rental License Plan, Rev. 14.18 City at Brooklyn Center—Community Development www.cityofbrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-21991 Phone: (763) 563.33301 TTY: 711 Fax: (763) 569-3360 Sections C-Steps toimprovèManagenentand C nd!tlons of Properly The items in this section have been proven to assist with property management, property image, and rental license category improvement. The following actions are required: [I1 1) Check-in with tenants every 30-days. [III 2) Drive by property to check for possible code violations. [] 3) Evict tenants in violation of the tease or any addendums. [I] 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. [] 5) Have no repeat code violations previously documented with the past year. [] 6) Conduct a pre-inspection of the property por to the rental license inspection. 7) Other.________________ The following actions are optional unless required by the City. [11 1) Provide lawn/snow service. [] 2) Provide garbage service. [1] 3) Install security system. [11 4) Provide maintenance service plan for appliances. Name of service company:Li 5) Other: The licensee must comply with the approved Plan and all applicable City Codes. A copy of the approved plan will be sent with a reminder notice to comply with the rental license requirements. Page 516 Rental License Plan, Rev, 1-1-18 City of Brooklyn Center—Community Development wwi.cityofbrook1yncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-3330 I TTY: 711 Fax: (763) 569-3360 "ATT^(' Community Development I verity that alt Information provided Is Injo and accurate. I understand that 1(1 do not comply vith the approved Plan, comply with oil Items within the rioense period, or operate beyond thiicense eplration date, enforcement edlans suth as citations, formal complaints, or license review may result Thio rorA ; MON AIthrcAntNrneDnd ffAppabb. FseFWnI) A&t,jJ OercAgent Sahu (llAc*) We C! St ff Only 1 G-9 co flaprtzwrI / Da)iT_ Pgo ex Rerda1LJcene Plan, ey. 14-18 CKyofBrooklyn CerCmmunflyDav.topn.nt www.dWbroldyncenter.org 6301 Shin g le Creek Patkway, Brooklyn Center, MN 5$430-2199 Phone: (763) 663-3330 1 TTY: 711 F8x (783) 569-3360 CityAtu1uIufti1! Agenda :tem uENG. 1iIr #11 COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Man FROM: Meg Beekman, Director of Community Development 1t75 SUBJECT: Type IV 6-Month Provisional Rental License for 5415 Emerson 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 5415 Emerson 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 March 14, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on nineteen (19) 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 afiruetipe, clean, sofa, inclusive coinownity that enhances the quality of ljJe for a!lpeopk' and preserves the public trust tI]JJ(i1 I MYA U I DhYi (I) 1I 1PJA I Current rental license approval activities for license that expires 03/31/2018: 08-24-2017 The owner, MNSF II, LLC, applied for renewal of the rental dwelling license for 515 Emerson Ave N, a single family dwelling. 09-13-2017 An initial rental license inspection was conducted and failed. Nineteen property code violations were cited, see attached rental criteria. 09-30-2017 The previous Type IV Rental License expired. 11-06-2017 A second rental inspection was conducted and failed. A $100 reinspection fee charged. 11-13-2017 A $300 Administrative Citation was issued for operating without a rental license. 11-17-2017 The $100 reinspection fee was paid. 11-20-2017 A third rental inspection was conducted and failed. 12-05-2017 A fourth rental inspection was conducted and passed, however, the $100 reinspection fee is still owed. 12-14-2017 $100 reinspection fee was paid. 12-14-2017 A $600 Administrative Citation was issued for operating without a rental license. 01-04-2018 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. 01-04-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months, 02-23-2018 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-23-2018 A Mitigation Plan was submitted. 03-16-2018 The Mitigation Plan was finalized. 03-19-2018 A letter was sent to the owner notifying that the hearing before the Council will be held March 26, 2018 Prior Type IV Rental License approval activities for license that expired on 9/30/2017: 06-17-2016 The Owner, Simply Residential Property Management, applied for an initial rental dwelling license for 5415 Emerson Ave N, a single family property. 07-13-2016 An initial rental license inspection was conducted, 9 property code violations were cited, see attached rental criteria. 08-13-2016 A second inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property. 08-27-2016 A third inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property, 09-09-2016 Housing Supervisor was notified by owner that the rental property is under rehab. Inspection postponed until further notice. 09-11-2015 The $200 in reinspection fees was paid, 11-18-2015 A fourth inspection was conducted; corrections not complete. A $100 reinspection fee was charged to the property. Mission: Ensuring an attractive, clean, saf, inclusive cominanily that enhances the quality of left for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 11-30-2015 The $100 reinspection fee was paid. 12-02-2015 A fifth inspection was conducted; corrections not complete. A $100 reinspection fee was charged to the property. 12-09-2015 The $100 reinspection fee was paid. 12-16-2015 A sixth inspection was conducted; corrections complete and passed. 01-05-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-22-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-09-2016 A Mitigation Plan was submitted. 02-22-2016 The Mitigation Plan was finalized. 03-19-2016 A letter was sent to the owner notifying that the hearing before the Council will be held March 26, 2016. If approved, after six months, a new rental license is required. The license process will begin in immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. 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, clean, safe, inclusive continually that enhances the quality of life for all people and preserves the public trust [i[i1UIi I fl I N U!A I ak'A (I) UI OSAA 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. 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. 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. Mission: Ensuring an attractive, clean, saft, inclusive community that enhances the quality of left' for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type I - 3 Year 11-2 units 0-1 + units Type II —2 Year 1-2 units Greater than 1 but not more than 4 3 -1- units Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Type IV - 6 Months 1-2 units Greater than 8 + units Greater than 3 b.Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Iklissk'n: Ensuring an attractive, clean, saft, inclusive community that enhances the quality of lUè for all people and preserves the public trust [i[I1lJcSJ I V DIYA UYA I MYA (I) 1.'II IIlIJk'A I License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 10.25, but not more than 1 5 or more unitsGreater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than I 5 or more units Greater than 0.50 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 5415 Emerson Ave N Mission: Ensuring an attractive, clean, Safe, inclusive community that enhances the quality of 1è 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 5415 EMERSON AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5415 Emerson Avenue N, was issued a Type IV Rental License on March 14, 2016; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (19) 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 6316 Quail Avenue N, Brooklyn Center, MN. March 26, 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. cunontExp:raCan Date:Penduig ExpIration Date E9/3 ____ Based on the total number of property code violations found during the ka1 rental license Inspection and!or validated police nuisance incidents, the above referenced property Is required to submit an Action (Type Ill) or MitIgation Plan (Type M. In order to ensure timely completion of the license application process, a Plan must be completed Immediately and submitted for approval, The Plan Includes Phase I, 11, and Ill of the Crime Free Hotisk1g Program. it also Indudes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan eibws the eier and the Oily to review concerns and identify possible solutions to Improve overall conditions of the prOpetiy. If a Nan is not submitted and/or all items are not completed within the license period, or the above property operates beyond the license expiration date, enforcement actions such as an ed Wstve citation, foniai complaint, or license review may result Pega I/8 Rental License Mn, Rov 1418 city of Brooklyn Contor—Connnunity Dw1opnnt wwyoftoldcenteromg 6301 Shingle Creek Parkway, Brooklyn Center, MN 654302199 Phone: (763) 663434 j TTY: 111 Fax: (763) 89.3360 OK Community Development 5415 Emerson Sections A--Grime Free housing Pro gr:n Roquirernants Phase I Road and check each box.Ex ] 1) A wtton lease agreement is required. The tease agreement shall Include the Crime Free Housing Lease Adclonduni. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. EJ 2) Agree to pursue the temiinban of lease agreement or elct1on of tenants who violate the tombs of the lease or any addondums. [] 3) Conduct criminal background chock(s) for all new prospective tenants. if Itis a cunont tenants new background cheek is not required. Upon the City's request, documentation showing a background chock was completed must be provided. [J 4) Attend an approved oighthour Crime Free Housing training course. Information for approved courses an be found at vww.rnncpa.not. If you have completed the eourao attach a copy of the Crime Free Housing Certificate to the Plan. [fl Crime Free Housing training is completed [] Crime Free Housing training is scheduled for_________ Ddle 0 Omer or agent plans to attend training at: Neno of City [J S)SubmltMonthIyRopoAbyft1Oth day of each moth. Only required for Type IV— Mitigation Plans. Phase Ii Read and check each box, [] 1)Complete a Security Auessment and implement improvements rouired by the Brooklyn Center Police Department. To schedule a Security Assessment, call (763)5694344. [] 2)Mollowup assessment must be completed before the license expiration date to verif' the security Improvements have been Implemented, To schedule a follow up Inspection cell (183) 5893344, [J Soeurfty Assessment is completed J Security Assessment 1s scheduled for Rental License Plan, Rev. 1448 City of Brooklyn CntDr—Community D.velopment wwwcftyotbrooklyncsater,org 6301 Shingle Creek Parlway, 8ro*1 Center, MN 554302199 1 Phone: (763)563-33301 TI?: 711 Fax: (763) $69-3380 Phase lii . AAM Meeting Ruquirement 1) Owner or agent must attend at rnk*num two (2) AtM, meetings. The &RJL mt1nga must be completed within the rental floeno period and before the Uconso expiration dale. EJ 2) Registration Is not required to attend, however you must sn1n during the moeUng MUi4. Meeting are held in January, March, May July, September, and November on the 2nd Thursday of the month. Meetings start at lOam and end at 11am, [J 3) Write two months the owner or agent plans to attend. Owner or agent will attend A.R.M. meethgs scheduled for and_, The following actions are required for MuiUfsmHy properties with four (4) or more untiL [J 1) Conduct resident training annually to Include c&ne prevention techniques. J 2) Conduct regular resident meetings. Rental License P!an Rev, i41 (Ity of Breokyn C*ntr.-Cotnmuntty 00YOOPMent www.dtyofbrooldyncenter.org 001 Shingle Creek Parkway, Brooklyn Center, MN 65430-2 109 1 Phone: (163) 563330 TTY: 711 Fac (763) 569430 UVL 0 PW Community Development ? UUTR 5415 Emerson Seclions 8--tong Temi Capital Impi overnont Plan M components of a house will nood to be replaced w hen It Is beyond repair or its useful life, Based on core", age, and use, an estimated replacement date will need to be provided for each listed item. Items that are broken, damaged, worn, or Inoporablo may require replacement sooner than scheduled. All items must have a date under the Es&m9led Replacement bale, Plans will not be approved if writing unauro "don't know', or leaving it blank, if you are unsure otv4ien an item will need to be replaced, you can make a prdcon based on the age, use, condition, or manufacture recomrnendats, Item Laat Replaced Condltlen Estimated Replacement Date Example: Waler Heater May 2010 F May 2020 Item Last Replaced Condltion Estimated Replacement Oats Furnace Oct 2002 t Oct 2022 Water Heater Jan Jan 2026 Kitchen Appliances June 2012 f June 2020 laundry Appliances Nov 2007 f Nov 2020 Smoke Alarms! Carbon Monoxide July 2015 July 2020 rte Point/Siding M ay M ay 20 Windows April 2011 f April 2021 Roof June 2000 f June 2026 &arage ______f 2050 Dnveway Fence June2000 f June2025 Sidewalks June2000 f June 2025 Shed J u l yi5 F July 202 5 Tondftn MbovIsUon 000d43 Neeth P6g0 4/8 Rental License Plan, Rev. 1448 CRY of BroIrJyn Centr—Cominunfty Dveimnt w*wcltyotbrook1yncenter.oig 6301 Shingle Creek Patkway, Brooklyn Center, MN 564302199 Phone: (763) 563-33301 TTY: 111 Fax (163) $694380 ott Community DevelopmentCENTER5415 Emerson Sections C—Stops to Inlprtwo M gernont and Conditions of Property The Items in this section have been proven to assist with property management. properly Image, and rental license category improvement The following actions are requiroth EJ 1) Check4n with tenants every 30-days. {J 2) Drive by property to check for possible code violations. [J 3) Eviot tenants In violation of the lease or any addondums, [j] 4) Remain current on a utilty fees, taxes, assessments, fines t penaltles and other financial cla1msipayrrnts due to the City. 5) Have no repeat code violations previously documented with the past yoar. [J o Conduct a pro-Inspection of the properly prior to the rental license inspection. El 7) Other The following actions are optional unless required by the Cfty. 0 1)I'rovfde lawrt!snowseMce. [1 2)Provide garbage service. []3)Install security system. 4)Provide maintenance service plan for app1lances.[j Name of service company, 0 5) Other: The licensee must comply with the approved Plan and all applicable City Codes, A copy of the approved plan v41 be sent with a reminder notice to comply with the rental license requirements. Page RoMal Len-o PW, Rev, 14-18 City or Brooklyn C*ntor—Gommunity D.pment ww.cIyofbrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN S$4302199 1 Phone., (163) 64334330 1 IIY: 711 Fax (763) 5894380 CR Community Development 5415 Emerson Sign and Vorify I verify that all lntcrnat1on provided is he and accurate, I understand that if I do not cenIy with lhe approved Plan, comply with all items within the license peded, or operate beyond the Icenso ep1ra5on date, enforcement actions such as c1aUons, formal complaints, or lenso review may result Stinar !L4TJ O%wfk?enf iimgo WO MO& Owiw A N nd TZ PSeo F) S19riS (71 AppM.ab1e) Vfy SIMM 0n4' /xf Pc1e bpwtesl Dal6' /th 4,mt Data Page & R&M L1cona Plan, Rev. 1448 City of Omoklyn Cent*r—Comniunity D.veloprnnt Ww.cIty01brookIyncenter.or 6301 ShIngle Creek Partway, Brooklyn Center, MN 55430.2199 1 Phone: (763) 5634330 1 rPi 711 Fax: (76) 6693360 is n ItemuiNo. Ilirti iv COUNCIL ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Man FROM: Meg Beekman, Director of Community Development SUBJECT: Type IV 6-Month Provisional Rental License for 6342 Orchard 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 6342 Orchard 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 single family property. The property qualifies for a Type IV Rental License based on nine (9) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Under this license action, the property owner will receive two successive Type IV Rental Licenses- one that will have expired on November 30, 2017 and one that will expire on May 31, 2018. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities for license expires on 05/31/2018: 11-30-2017 The previous Type IV Rental License expired. 01-04-2018 The owner, Art Zink, applied for renewal of the rental dwelling license for 6342 Orchard Ave N, a single family dwelling. Mission: Ensuring an attractive, clean, saft, inclusive co?nlflnflity that enhances the quality of ltè for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 01-22-2018 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 02-08-2015 A $250 Administrative Citation was issued for not meeting mitigation pian requirements. 02-08-2018 A $2000 Administrative Citation was issued for operating without a rental license. 02-20-2018 A Mitigation Plan was submitted. 02-23-2018 The Mitigation Plan was finalized. 03-01-2018 A second inspection was conducted and passed. 03-19-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 03-19-2018 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. 03-19-2018 A letter was sent to the owner notifying that the hearing before the Council will be held March 26, 2018. Current rental license approval activities for license expires on 11/30/2017: 03-14-2017 The owner, Art Zink, applied for renewal of the rental dwelling license for 6342 Orchard Ave N, a single family dwelling. 04-04-2017 An initial rental license inspection was conducted and failed. Tenant denied inspection of the property. 04-21-2017 A second rental inspection was conducted and failed. Tenant denied inspection of the property. A $100 reinspection fee was charged to the property. 05-12-2017 A third inspection was conducted and failed. 9 property code violations were cited, see attached rental criteria. A $100 reinspection fee was charged to the property. 06-20-2017 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 07-11-2017 A fifth inspection was conducted with staff and passed. Total for reinspection fees is now $300. Rental license was inadvertently passed without collecting the reinspection fee. 07-25-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 07-25-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-05-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 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. 10-18-2017 A $300 Administrative Citation was issued for operating without a rental license. Mission: Ensuring an attractive, clean, saft, inclusive communily that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 11-21-2017 A $600 Administrative Citation was issued for operating without a rental license. 11-21-2017 A $125 Administrative Citation was issued for failure to submit a Mitigation Plan. 11-30-2017 The previous Type IV Rental License expired. 12-14-2017 A $1200 Administrative Citation was issued for operating without a rental license. 02-08-2018 A $2000 Administrative Citation was issued for operating without a rental license. 02-08-2018 A $250 Administrative Citation was issued for Failure to submit a Mitigation Plan. 02-20-2018 A Mitigation Plan was submitted. 02-23-2018 The Mitigation Plan was finalized. 03-19-2018 A letter was sent to the owner notifying that the hearing before the Council will be held March 26, 2018. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and Mission: Ensuring an attractive, clean, saje, inclusive cominunily that enhances the quality of hjè for all people and preserves the public trust [S1IJ(IJ I fl U U MA U'A I (I) 1I 1IJI 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. 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. Mission: Ensuring an attractive, clean, sfè, inclusive conimuflhly that enhances the quality of life for all people and preserves the public (rust COUNCIL ITEM MEMORANDUM 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. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type I - 3 Year 11-2 units 0-1 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 Type IV —6 Months 11-2 units Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51 8B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 34 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 Mission: Ensuring an attractive, clean, safe, inclusive coninluniy that enhances the quality of bè for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: e Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving Two Type IV Rental Licenses for 6342 Orchard Ave N Afission: Ensuring an attractive, clean, safe, inclusive con,nzunity that enhances the quality of ltè 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 6342 ORCHARD AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6342 Orchard Ave N, is issued a Type IV Rental License with an expiration date of November 30, 2017; and WHEREAS, the property located at 6342 Orchard Ave, is issued a subsequent Type IV Rental License with an expiration date of May 31, 2018; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and 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 6342 Orchard Ave N, Brooklyn Center, MN. March 26, 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. 4^R Community Development Rental License Plan Handwritt en Plans will not be acceptecL This form can be found on the Website at w, ityofbtooklyncenter.ergkentat'Pian or call (763) 569330 for an electronic Version lobe sent via email. Based on the total number of properly code violations found duirrg the Initial rental license inspection coWer vatuatee police nuisance incidents, the above referenced property Is required to submit an Action (Type IU) or Mitigation Plan (Type IV). In ardor to ensure timely completion of the license application process, a Plan roust be completed Immediately and submitted for approval. The Plan Includes Phase I, II, and Ill of the Crime Free Housing Program, It also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan allows the owner and the City to review concerns and Identify possible solutions to Improve overall conditions of the property , If a Plan is not submitted and!or all items are not completed within the license ported, or the above property operates beyond the license expiration date, enforcement actions such as an administrative citation, formal complaint, or license review may result, Ro ad pa efully ALnd--be gore tof pllew Instructions, otherwise your plan will nOt bopf Page 116 Rental license Plan, Rev 1448 City of 8retctyn CnWr-Cnimunity Deq eloPment vAwvcityolbrooktyncenterorg 6301 Shingle Creek Parkway Brooklyn Center, MN 65A30 -2 1199 I Phone: (763) 5633330 TTY: 7ll Fax: (763) $69-3360 00 Community Development AT J 642 Orchard Ave N Sections A—Crime Free Housing Program Raqu!remoUs Phase I Read and check each box. J1)A written lease agreement is required. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to The Plan J2)Agree to pursue the termination of lease agreement or eviction of tenants who violate the terms of the lease or any addendunis EJ 3) Conduct criminal background check(s) for all new prospective tenants. It it is a current tenant a new background check is not required. Upon the Cit/s request, documentation showing a background check was completed must be provided. 4)Attend an approved eight-hour Crime Free Housing training course. Information for approved courses can be found at wwv,mncpa.net . If you have completed the course attach a copy of the Crime Free Housing certificate to the Plan.El Crime Free Housing training Is completed El Crime Free Housing training is scheduled for Dare Ornwr or agent plans to attend training at: Brooklvn Center HneoCry 5)Submit Monthly Report by the iga day of oath month. Only required for Type IV— Mitigation Plans. Phase It Read and check each box. 0 I) Complete a Security Assessment and Implement improvements required by the Brooklyn Center Police Department. To schedule a Security Assessment, rail (163) 6693344. EJ 2) A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented To schedule a follow up inspection call (763)5694344. [J Security Assessment is completed [] Security Assessment is scheduled for Page 210 Re;rtaiLknse Plan, Rev, 1448 Chyof Orookyn Ceairt—community OevelopmCht www.cityathrooklynconter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430.21991 Phone: (163)563.33301 TTY: 711 Fax: (163) 569.3360 p Community Development ,Y" 6342 Orchard Ave N Sections A—Crime Free Housing Program Requirements (continued) Phase III ARM Meeting Requirement { 1) Owner or agent must attend at minimum two (2) A.R.M. meetings. The A,R.M, meetings must be completed within the rental license period and before the License expiration date. jJ 2) Ragistration is not required to attend, however you must sign-In dung the meeting. A.R,M. Meeting are held in January, March, May, July, September, and November on the 2nd Thursday of the month Meetings start at lOam and end at 11am, 3) Write two months the owner or agent plans to attend. Owner or agent vll attend ARK meetings scheduled for: March The following actions are required for Multi-Family properties with tour (4) or mere unite. J I) Conduct resident training annually to Include crime prevention techniques EJ 2) Conduct regular resident mechngs. Pa9a 3'd Rosnlaflicense Flon, Rev 144$ city of Breuktyn center—Cctnmun1ty Development wem,cityoibrookicenter,Org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-21991 Phone: (163) 663-33301 TTY: 711 Fax: (763) 669-3360 Qt K Community Development 6342 Orchard AveN Sections 8—Long Temi Capital Improvement Plan All components of a house will need to be replaced when it iS beyond repair or its useful life, Based on condition, age, and use an estimated replacement dale will need to he provided for each listed item. Items that are broken damaged, worn or inoperable may require ieplacement sooner than scheduled, All items must have a date under the Est/mated Replacement Date, Plans Will not be approved If writing "unsure", "don't know", or leaving it blank. If you are unsure of when an item will need to he replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations, Item Last Replaced Condition* Estimated Replacement Date Example Water Heater May 2010 F May 2020 item Last Replaced Cndl1Ion 4 Estimated Replacement Date Furnace within last 5 years N Water Heater within last $ years N Jo Kitchen Appliances (3 Laundry Appliances Smoke Alarms!(3 2Carbon Monoxide Alarms Exterior Items Paint/Siding (3 No plan Windows Original_!L Next 5 y ears Roof about 16 years (3 Garage O r i g i na l Driveway 2011 (3 3O Fence Sidewalks Shed 'Condition Abbreviations: NwN GoodG Fair--F Needs Rep1acementR PO 416 RentalLicense Plan, Roy, 1-148 City of Brooklyn Center—Community Development ww.cityofbrooklyncenterorg 6301 Shingle Creek Parkway, Brooklyn Center, MM 55430-21991 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 5693360 cEEE Community Development At C.#?i, TtR 6342 Orchard AveN / Sections C—Sfops to Improve Managern ert and Conditions of Property The items in this section have been proven to assist with properly management s property image, and rental license category improvement. The following actions are required,: 1)Check-In with tenants every 30-days. 2)Drive by property to check for possible coda violations. 3 3) Evict tenants In violation of the lease or any addendums. J 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. 5) Have no repeat code violations previously documented with the past year. El Conduct a pre-inspection of the property prior to the rental license inspection fl 7) Other. The following actions are optional unless required by the City. El 1)Provide lawn/snow service. 2)Provide garbage service. 3)Install security system. 4)Ptovide maintenance service plan for appliances. Name of service company:£1111 5) The licensee must comply with the approved Plan and all applicable City codes. A copy of the approved plan will be sent with a reminder notice to comply with the rental license requirements. Page &'6 Rental Uconse Plan, Rev. 1-1-18 City of brooklyn Contr—ConimunJty Development vA'Av,eityafbrooklyncenter,org 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-33301 ITY: 711 Fax: (763) 569-3360 t) Community Development 6342 Orchard Ave N Sign and Verify I verily that all information provided is true and accurate 1 understand that if Ida not Comply vnth the approved Plan, comply with all items within the license period, or operate beyond the license expiration date, enforcement actions such as citations, formal complaints or license rev ow may result. Otnr or Agent Nome and Titk. (Peeet Pdtu t3eto Additional Ovnor orAont Nwio and Tit!o (ft Apie1jo, leo Ptht) Adthtk),wt OMer or Agent Signetuto (If Appcabfo) Date City Stall only Pot oe £epe trnonl 7 nmv114y Oov. pneit DMO Page 6/6 tontalL(cene Plan, Røv. 1.1.18 City of Brooklyn Centor—CrnmunIty. Development wwv.cityoibrooklyncenter org 6301 Shingle Creek Parkway Brooklyn Center MM 55430-210 1 Phone (763) 563-3330 1 flY 711 Fax (763) 569-3360 Cty Ci1llh1d Agenda- Hem N©0 1a [1Ik[iJ I V UY4 UYA I DI (I) 1'iI flSJYA I DATE: March 26, 2018 TO: Curt Boganey, City Man qg^^ FROM: Meg Beekman, Director of Community Development SUBJECT: Type IV 6-Month Provisional Rental License for 6900 Regent 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 6900 Regent 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 October 23, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on five 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. 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. Alission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality oJIfe for al/people ant/preserves the public trust [EI]JJ(iJ I fl V M L'A I MIA (I) t1IWJNI The following is a brief history of the license process actions. Current rental license approval activities for license expires on 07/31/2018: 11-07-2016 The owner, Houa Her, applied for renewal of the rental dwelling license for 6900 Regent Ave N, a single family dwelling. 12-15-2017 An initial rental license inspection was conducted. 5 property code violations were cited, see attached rental criteria. 01-16-2018 A second inspection was conducted and failed. A $100 reinspection fee is charged. 01-24-2018 A $100 reinspection fee paid. 01-25-2018 A third inspection was conducted and passed. 01-31-2018 The previous rental license expired. 02-06-2018 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-26-2018 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. 03-06-2018 A Mitigation Plan was submitted. 03-14-2018 The Mitigation Plan was finalized. 03-19-2018 A letter was sent to the owner notifying that the hearing before the Council will be held March 26, 2018. Prior rental license approval activities for license expires on 01/31/2018: 06-06-2017 The owner, Houa Her, applied for renewal of the rental dwelling license for 6900 Regent Ave N, a single family dwelling. 06-27-2017 An initial rental license inspection was conducted. One property code violations were cited, see attached rental criteria. 07-31-2017 The previous Type IV Rental License expired. 08-23-2017 A second inspection was conducted and 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. 09-14-2017 A Mitigation Plan was submitted. 09-28-2017 The Mitigation Plan was finalized. 10-16-2017 A letter was sent to the owner notifying that the hearing before the Council will be held October 23, 2017. Prior Type IV Rental License approval activities: 12-08-2016 The Owner, Houa Her, applied for renewal of the rental dwelling license for 6900 Regent Ave N, a single family dwelling. 01-03-2017 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. Mission: Ensuring an attractive, clean, safe, inclusive conunwilty that en/sauces the quality of lift for all people and preser pes the public trust COUNCIL ITEM MEMORANDUM 01-31-2017 The previous rental license expired. 02-02-2017 A second rental inspection was conducted and passed. 02-08-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-08-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-09-2017 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. 03-09-2017 A Mitigation Plan was submitted. 03-09-2017 The Mitigation Plan was finalized. 03-20-2017 A letter was sent to the owner notifying that the hearing before the Council will be held March 27, 2017. If approved, after six months, a new rental license is required. The license process will begin in immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. 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 !4is.s'ion: Ensuring an attractive, clean, safe, inclusive conununhlv that enhances the quality oJlfè for all people and preserves the public trust III1IJ[.J I N I I k'A L'A I Dk 0) 1'II flhI'A I opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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. 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 Mission: Ensuring IJS attractive, clean, soft, inclusive community that enhances the quality of 1ft for all people and preserves (he public trust COUNCIL ITEM MEMORANDUM 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. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code On1v Type 1-3 Year 1-2 units 0-1 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Type III - 1 Year 11-2 units Greater than 4 but not more than 8 Type IV - 6 Months 1-2 units Greater than 8 3+ units ______ Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51 8B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Alission, Ensuring an attractive, clean, safe, inclusive community that enhances the quality of 1ft for all people and preserves the public (rust O]JJ(iJ I N V ak' LA I (I) UI I1IJ'À I License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 34 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units:.Greater than 1 5 or more unitsGreater than 0.50 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 6900 Regent Ave N Mission: Ensuring an attractive, clean, sqfe, inclusive community that enhances the quality of lft 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 6900 REGENT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6900 Regent Avenue N, was issued a Type IV Rental License on October 23, 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 6900 Regent Avenue N, Brooklyn Center failed to 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 6900 Regent Avenue N, Brooklyn Center, MN. March 26, 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. Q K Community Development Al YHO41CHUYER Rental License Plan Handwritten Plans will not be accepted This form can be found on the website at www.c1tyofbrook1yncenter.or1rentalplan or call (763) 5694330 for an electronic version to be sent via email, property. If a Plan Is not submitted and/or all Items are not completed wfthin the license period, or the above property operates beyond the license expiration date, enforcement actions such as an administrative citation, formal complaint, or license review may result. Bead core fuly ,gnd suf your Ma n will jvt bg,govrov ed. Pago 116 RoflaWcense Plan, Rev, 1-148 City of Brooklyn Center—Community Development VAAV.CityOfbrOoklyflCeflt6r.or9 6301 Shingle Creek Parkway, Srooklyn Center, MN 554302199 1 Phone: (163) 6634330 1 TTY: 711 Fax: (763) 5693360 * V - S CENTER AY TH in4YR 1 /: \ Community Development 6900 Regent Ave N Brooklyn Center, MN 65429 Sections A-C rime Fiee Housing Program Requfroments Phase I Read and check each box. J 1) A written lease agreement is required. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. 2) Agree to pursue the termination of lease agreement or eviction of tenants who violate the terms of the lease or any addendunis. jj 3) Conduct criminal background check(s) for all new prospective tenants. If it is a current tenant a new background chock is not required. Upon the Citys request, documentation showing a background check was completed must be provided. 4)Attend an approved eight-hour Crime Free Housing training course. Information for approved courses can be found at vm.mncpa.net . If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan. Crime Free Housing training is completed El Crime Free Housing training is scheduled for_____________ Date Owner or agent plans to attend training at Name otCy 5)Submit Monthly Report by the 10 1h day of each month. Only required fr Type IV— Mitigation Plans Phase It Road and check each box. Ej 1) Complete a Security Assessment and impement improvements required by the Brooklyn Center Police Department. To schedule a Security Assessment call (763)569-3344. 2) A follow-up assessment must be completed before the license expiration date to verify the security improvements have been Implemented. To schedule a follow up Inspection call (783) 569-3344. Security Assessment Is completed EIJ Security Assessment is scheduled for_____________________ Page 2/m3 RontalLicenso Man, Rev, 1448 Cfty of Brooklyn Corner—Community Development VAW/.Cityofb(OOktyflcenter.Org 6301 Shingle Creek Parkway, Brooklyn Center, MN 65430-21991 Phone (763) 6633330 1 TTY: 711 Fax: (163) 569-3360 0 I': t ., ,.y•".., 4 CENTER Community Development AT THE CE?1EW 6900 Regent Ave N Brooklyn Center s MN 55429 Sections k--Crime Free Housing Program Requirements (continued) Phase ill AR,M Meeting Requirement [J 1) Owner or agent must attend at minimum two (2) A R M meetings. The AAA meetings must be completed within the rental license period and before the License expiration date. j 2) Registration Is not required to attend however you must sign-In during the meeting. ARM. Meeting are held in Januaty, March, May, July, September, and November on the 2nd Thursday of the month. Meetings start at I Oem and end at 11am. [] 3) Wnte two months the owner or agent plans to attend Owner or agent Will attend A.R.M. meetings scheduled for: and Y The following actions are required for Multi-Family properties with four (4) or more units. U 1) Conduct resident training annually to include crime prevention techniques. U 2) Conduct regular resident meetings. Page 3/8 Rental Lkw?so Plan, Rev. 1-148 City of 8rooidyn Cater—Community Ocvolopmont vAv.cityofbrooktyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 65430-21991 Phone: (763)56343301 U?: 711 Fax: (163) 569-3360 IL ICENTER AT Iik CZ 4 T UR Community Development 6900 Regent Ave N Brooklyn Center, MN 55429 Sections B—Long TOM Capital tin provemerit Plan All components of a house will need to be replaced when it is beyond repair or its useful life. Based on condition, ago, and use, an estimated replacement date will need to be provided for each listed Item. Items that are broken, damaged, worn, or inoperable may require replacement sooner than scheduled. All items must have a date under the Estimated Replacement Dale. Plans will not be approved if wilting "unsure", "don't know', or leaving It blanks If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations. Item Last Replaced Conditions Estimated Replacement Date Example: Water Healer May2010 F may 2020 Item Last Replaced Condition'Estimated Replacement Date Furnace 2012 -(3 2030 Water Heater Kitchen Appliances 2015 (3—2020 Laundry Appliances 2009 G 2920 Smoke Alarm./2015 N 2024Carbon Monoxide Alarms exterior Items ParnUSldrng 2015 N 2020 Windows 2016 N 2030 Roof 2010 G 2022 Garage 1957 -(3 2030 Driveway 2924 Fence Sidewalks NA Shed NA - 'Condition Abbevla11ons: NewN OodO FelrF Needs RepiacernentR Page 416 Rental License Plan, Rev. 1-1-18 cn.y of Brooklyn Cter—Community Development w'rn.cityothrooklyncentet.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-M91 Phone: (763) 563-3330 1 TTY: 711 Fax: (163) 569-3360 Community Development 6900 Regent Ave N Brooklyn Center, MN 55429 Sections C—Slops to Improve Management and Conditions of Property The items in this section have been proven to assist with property management, property image, and rental license category improvement. The following actions are required: 1)Check-in with tenants every 30-days. 2)Drive by property to check for possible code violations. J 3) Evict tenants in violation of the lease or any addendums. j 4) Remain current on all utility fees, taxes, assessments tines, penalties, and other financial claims/payments due to the City. ElI 5) Have no repeat code violations previously documented with the past year. j 6) Conduct a pre-inspection of the property piior to the rental license inspection. 7) Other. The following actions are optional unless required by the City. 1)Provide lawn/snow service, 2)Provide garbage service, 3)Install security system. 4)Provide maintenance service plan for appliances. Name of service company:0 5)Other: ____ The licensee must comply with the approved Plan and all applicable City Codes. A copy of the approved plan will be sent With a reminder notice to comply with the rental license requirements. Page 5/8 Rental License Plan, Rev, i418 City of 6røekiyn Center—Community Development VNAV.cityofbrookiyncentet,org 6301 Shingle Creek Parkway, Brooklyn Center MW 55430-2199 1 Phone: (783) 663•3330 1 flY: 711 Fax: (763) 569-3360 I verify that all information provided is true and accurate. I understand that if I do not comply with the approved Mitigation Plan, comply with all items within the license period, or operate beyond the license expiration date, enforcement actions such as citations, formal complaints, or license review may result. Houa Her Owner or Agent Name and Title Ploaso PrInt, Owner or Agent Signature Additional Owner or Agent Name and Title I! Applicable, Please Ptint Additional Owner or Agent Signatum (If Applicable) City Staff Only Police Department Community Standards DepartmentPag e &6 Type JV RonIi Ltanso Mit4joion Plan, Roy, 41445 City 01BIODUlyz Cexter—uHdfxtg and Community Standards Da pt rtrn oll t wwvi c yofbrooklyncoaicr org Date Date Onto Dad- Cy Cowin©ll Agenc3ii Item No. i© #14 [i[I1IJXiJ I fl N MYA L I k'i 0) UI i1IJ I DATE: March 26, 2018 TO: Curt Boganey, City Man FROM: Meg Beekman, Director of Community Development 017 SUBJECT: Type IV 6-Month Provisional Rental License for 4718 Twin Lake 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 4718 Twin Lake 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 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 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. Alission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lf for all people and preserves the public trust [I[I]Jk(SJ I I M U I (I) 1I 1SI I The following is a brief history of the license process actions. Current rental license approval activities for license expires on 04/30/2018: 08-02-2017 The owner, Richard and Elizabeth Becht, applied for renewal of the rental dwelling license for 4718 Twin Lake Ave, a single family dwelling. 08-15-2017 An initial rental license inspection was scheduled for August 30, 2017. The owner called to reschedule the inspection to September 12, 2017. 09-07-2017 The owner called to reschedule the inspection on September 12, 2017 to September 27, 2017. 09-27-2017 An initial rental license inspection was conducted and failed. Four property code violations were cited, see attached rental criteria. 10-30-2017 A second inspection was conducted and passed, however, the open permit for re- roof was not closed due to code violations. 10-31-2017 The previous rental license expired. 11-02-2017 Staff spoke with the owner to schedule a follow up inspection. The owner was informed that the roof permit is still open and corrections are required. 12-01-2017 A notice was sent stating that the corrections for the roof are still open. 12-14-2017 A $300 Administrative Citation was issued for operating without a rental license. 02-02-2018 The re-roof permit was closed without approval. Rental license passed. 02-06-2018 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-06-2018 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. 03-07-2018 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. 03-14-2018 A Mitigation Plan was submitted. 03-14-2018 The Mitigation Plan was finalized. 03-19-2018 A letter was sent to the owner notifying that the hearing before the Council will be held March 26, 2018. Prior rental license approval activities for license expires on 10/31/2017: 01-18-2017 The Owner, Richard and Elizabeth Becht, applied for renewal of the rental dwelling license for 4718 Twin Lake Ave, a single family dwelling. 04-13-2017 An initial rental license inspection was conducted and failed. 10 property code violations were cited, see attached rental criteria. 04-30-2017 The previous rental license expired. 05-17-2017 A second rental inspection was conducted and passed. 06-07-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. !ktission: Ensuring an attractive, clean, saft, inclusive conununity that enhances the quality of1fè for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. 07-07-2017 A Mitigation Plan was submitted. 07-31-2017 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. If approved, after six months, a new rental license is required. The license process will begin in immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. 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 4'Iission: Ensuring In attractive clean, sqf inclusive COflhJflUflhly that enhances the quality of lift for all people and preserves the public trust SII]Jh[IJ I fl I ak!4 U I ai 0) P1PJ 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. 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: Mission: Ensuring an attractive, clean, soft, inclusive community that enhances the quality of ljft for all peopk' and preserves the public (rust [I[S1lJ[SJ I U V V Ik'A L!4 I lk"A 0) 1WJ'A I • 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. Type 11-2 Year Type III - 1 Year Type IV —6 Months 3+ units 1-2 units + units 1-2 units 3+ units 1-2 units 3+ units - - Greater than 1 but not more than 4 Greater than 0.75 but not more than 1 Greater than 4 but not more than 8 Greater than 8 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 I 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 urnts 0-0 25 5 or more units 0-0.35 Decrease 1 1 1-2 Greater than 1 but not more than 3 J'vlLcsion: Ensuring an allracthIc, clean, sqf, inclusive community that enhances the quality of lè for all people and preserves the public trust S[I1IJ(SJ I • I I M'A UYA I ak' 0) UI OBJhA I Category 3-4 units Greater than 0.25 but not more than 1 5 or more unitsGreater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0,50 Budget Issues: There are no budget issues to consider. Strategic Priorities: e Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 4718 Twin Lake Ave 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 4718 TWIN LAKE AVE WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 4718 Twin Lake Avenue, 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 4718 Twin Lake Ave, 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 4718 Twin Lake Ave, Brooklyn Center, MN. March 26, 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. This form can be found on the wehite at wwn,cityofbrooklyncenterorg1rentai -plan or call (763) 569-3330 for a electronic version to be sent via email Current Expir lion Date: L •j Pending Expiration Date: ( - Based on the b tal number of property code violations found during the initial rental license inspection and/or validated IXJhCO nuisance v,ders, the above referenced pr perty is required to submit an Action (Typo Ill) or Mitigation Plan (type IV), In ci lur to ensure timely completion of the license application process, a Plan must be completed immediately ,and submitted I r approval. The Plan includes P'ase I, U, and III of the Crime Free Housing Program, It 8150 includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan allows the mner and the City to review coot ms and identify possible solutions to improve overall conditions of the property, If a Plan is not submitted and/or all items are nt completed within the license period, or the above property operates beyond the lice iso expiration date, enforcement actions such as an administrative citation, formal complaint, or license review may rest It, j d,,qtgfully and bejuretov'jstructlonsout-plan Will proved. Page 116, Rental Licane Plan, Rev, 1-1-18 City of Brooklyn ci nter—Comn'munity Development 6301 Shingle Craek Parkway, Brooklyn Center, Mt 55430-2199 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 Community Development 4718 Twin Lake Ave NBrooklyn Center, MN 55429 jJ 2) Agee to pursue the termination of lease agreement or eviction of tenants who violate the terms of the lease or any addendums J 3) C rnduct criminal background cheeks) for all new prospective tenants If it Is a current tenant a new background check is net required. Upon the Citys request, documentation showing a background check was completed must be provided. jJ 4) Attend an approved eight-hour Crime Fee Housing training course. Information for approved courses can be found at www.mncpa,net If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plane Crime Free Housing training is completed Crime Free Housing tiinIng is scheduled for Da(o Owner or agent plansto attend training at: Name of City Submit Monthly Report by the 10th ey of each month. Only required for Type IV— Mitigation Pians Phase II Read and chock each box J 1) Complete a Security Assessment id implement improvements required by the Brooklyn Cantor Police Department To schedule a Securit Assessment call (763) 5693344 Fxj 2) A follow-up assessment must be ompleted before the license expiration date to verify the security improvements have been implemented To schedule a follow up inspection call (763) 563344nx Security Assessment is completed Security Assessment 4 scheduled for Page 2/6 Renta/ License Plan, Rev 1-1-18 City of Brooklyn Cnor—Community Development vAwdtyofbroOklyncenterOrg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2`199 1 Phone: (763) 5633330 TTY: 711 Fax: (763) 5693360 4718 Twin Lake Ave N Brooklyn Center, MN $5429 Community Development Sections A-- crime Free HousIng Pm gram Reqilreniens (continued) Phase Ill AJ.M Meeting Requirement E 1) Owner or agent must attend at minimum two (2) ARM. meetings, The A.RM, meetings must be completed within the rental ilcene 'period and before the License expiration date. fl 2) Registration is not required to attend, however you must sign-in during the meeting. ARM. Meeting are held fr January, March, May, July, Septmber, and November on the 2nd Thursday of the month. Meetings start at lOam and end at 11am, Ej 3) Wite two months the owner or agent plans to attend, Ovner or agent will attend A R M meetings scheduled for, The following actions are required for Multi-Fatally properties with four (4) or more units U 1) Conduct resident training annually to include crime prevention techniques. UK 2) Conduct regular resident meetings. Page 3/6 iontaILkonso Plan, Roy. 1448 City of Brooklyn Cntot—Community Development vAtAv,cityoibrooklyncenter.org 6301 Shingle Crook Parkway, Brooklyn center, Mt 55430-2199 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 * 4.'*CEN'R Al Community Development 4716 Twin Lake Ave N Brooklyn Center MN 55429 Sections B—Long Term Capita! Improvement P'an All components of a house will need to be reptacei when it is beyond repair or its useful life. Based on condition, age, and use, an estimated replacement date Will need to be provided for each listed item. Items that are broken, damaged, worn, or inoperable my (equire replacement sooner tha scheduled. All items must have a date under the Estimated Thp!acemwfl Dale. Plans will not be approved if writing "unsure", "don't know" or leaving it blank. If you are un ure of when an item will need to be replaced, you can make a prediction based on the age, use, condition, or ma Macture recommendations. Item Last Replaed Condition' Estimated Replacement Date Example: Water Healer May 2010 F May 2020 Item Last Replaced CondItion Furnace Water Heater 2017 9 Kitchen Appiian;es . Laundry Appliances Smoke PJarrnsl Carbon Monoxide Alarms g Estimated Replacement Date 20 yrs 2Oyrs 15 yrs 10-15 yrs as needed tedorllerns PainMiding Windows Roof Garage Driveway Fence Sidewaks Shed 2017 2010 2017 2016 72016 g g ci ci ci ci ci as needed as needed 30 yrs as needed 50 yrs none Cond(ion Abbreviations , NowN GoodG FalrF Needs RoplacemontR Page 416 Rental License Plan, Rev. 1418 City of Brooklyn Center—Community Development www.cityolbrookiyncontor.org 6301 Shingle Creek Parkway, Brooklyn Center, IN 554302199 1 Phone: (763) 5$33330 1 TTY 711 Fax: (763) 569.3360 4 4 CA NT AT iU ( I1R Community Development 4718 Twin Lake Ave N Brooklyn Center MN 55429 $ectlon Cs -$ep to Improve Management an Conditions of Property The items in this section have been proven to assi t with property management, property image, and rental license category improvement. The following actions are required: [IJ 1) Check-in with tenants every 30-day. J 2) Dive by property to check for possl4e code violations. 3)Eict tenants In violation of the lea or any addendums 4)Parnain current on all utility fees, tans, assessments, fines, penalties, and other financial claims/payments due to the City. nX 5) Have no repeat code violations prev ously documented with the past year 6) Conduct a pre-inspection of the pro: erty por to the rental license inspeclion El 7) The following actions are optional unless required by the Clty, J 1)Provide lawn/snow seMce. U 2)Provde garbage service. 3)Install security system. U 4)Provide maintenance service plan k appliances. Name of service company: local,---El 5) The licensee must comply with the approved Plan and sill applicable City Codes. A copy of the approved plan will be sent With a reminder notice to comply with the rental ho nse requirements. PA Rental License Plan, Roy. 1-1-18 City of erooklyn Cater—CmmunIty Devtopmont wcityofbrooklyncenterorg 6301 Shingle Creek Parkway, Brooklyn Center, Nit 55430-2199 1 Phone: (763) 56343330 1 TTY: 711 Fax (763) 569-3360 4718 Twin L?ke Ave NBrooklyn Cerer, MN 55429 Community Development SIgn and Veri I verify that all ir tion provided is true and accurate. I understand that if I do not comply with the approved Plan, comply vilth MI i within the license period, or toetate beyond the license expiration date, enforcement actions such as citations, formal taints, or license review may result Ow,r 0 ftLT Name 80d TWO (Pea p,;,; • iL,.4 Ot!?0V /.rYsj,ruo Dale Adone Wmv of Agol Name iind flUe (IM pp! ;bo. Pese Print) AdOacrc4 Anl &n1uro (if Appceb Date City Staff Only ice Dftmt 'VV •1•:(ij' V V v (L,V:.tjt,HVnt Page 616 RenlalLicenso Plan, Rev. 1448 City of Brooklyn C ter-Community Development vivwcityofbraoklyncenterorg 6301 Shingle Cr iek Pakway., Brooklyn Center, M 554302199 1 Phone: (763) 5633330 1 TTY: 711 Fax: (763) 569-3360 City Council Agenda Item No. lOb iEI1BJ[iJ I fl I I Dk'A Ih I MA (I) 1I I1lJ I DATE: March 26, 2018 TO: Curt Boganey, City Man p FROM: Meg Beekman, Director of Community Development SUBJECT: Master Services Agreement with Swanson Haskamp Consulting, LLC for Professional Services to Complete the 2040 Comprehensive Plan. Recommendation: It is recommended that the City Council approve a Resolution approving the Master Services Agreement, Attachment 2 with Swanson Haskamp Consulting, LLC for Professional Services to complete the 2040 Comprehensive Plan. It is recommended that the City Council approve a resolution requesting additional time within which to complete the City's comprehensive plan review obligations. Background: Cities in the Metropolitan Area are statutorily required to update their comprehensive plans every ten years. The Metropolitan Council is the designated body that oversees this process. In May 2014, The Metropolitan Council adopted Thrive MSP 2040. Following adoption of Thrive, the Council adopted the 2040 Transportation Policy Plan, the 2040 Regional Parks Policy Plan, the 2040 Water Resources Policy Plan, and the 2040 Housing Policy Plan. In September 2015, the Metropolitan Council issued a System Statement to the City of Brooklyn Center, triggering our obligation to review the City's Comprehensive Plan and amend it to bring it into conformance with the adopted 2040 policy plans by the end of 2018. The City's system statement, along with the adopted metropolitan policy plans are available for viewing and downloading at: http:/Rvr.metrocounciLorg/CommunitiesIP1anning.asPx In June 2017, the City entered into a Master Services Agreement with Swanson Haskamp Consulting, LLC (SHC). At the time the agreement was signed the intention was to have SHC conduct a review of the City's 2030 Comprehensive Plan and prepare a background which would include current and future demographic trends in the City, as well as identify what aspects of the City's existing Comprehensive Plan would need revision to meet the Metropolitan Council's requirements. That work was not to exceed $10,000. SHC has since completed their analysis, and staff is now seeking authorization to amend the original Master Services Agreement to include Attachment 2, which would complete the 2040 Comprehensive Plan update in an amount not to exceed $51,975. S[I1SJ[iJ I fl I N *kTA U I k'A Li) 1I I1IJYA I Scope and Schedule: The proposed scope is anticipated to complete all statutory requirements related to the 2040 Comprehensive Plan update. The deliverable will be a submitted 2040 Comprehensive Plan to the Metropolitan Council. In order to complete this work within the proposed cost, SHC has requested certain elements of the comprehensive plan update be supplied by the City. These items include additional transportation modeling, an updated water supply plan, an updated water resources plan, and an updated sewer system model. Public Works is already in the process of updating the water supply plan and the water resources plan, but other items may require additional effort, which may include consulting services, to complete. Public Works is identifying what elements of the plan can be provided internally, and what may require additional professional services. The schedule to complete the 2040 Comprehensive Plan is aggressive, though staff anticipates that a draft will be complete and ready for a public hearing and approval by September 2018. This timeline would allow additional community input to occur as part of the Earle Brown Days community celebration. Once the required public hearing has occurred and the draft 2040 Comprehensive Plan approved by the City Council in September, a six month review by surrounding and affected jurisdictions will then take place. At the end of the sixth month review, the City would need to respond to any comments received and then could submit the completed document to the Metropolitan Council for review and subsequent approval. Because all comprehensive plans are due at the end of 2018, the City will need to request an extension from the Metropolitan Council by May 31, 2018. Included in this memo, is a resolution that would request an extension to the comprehensive plan deadline. Budget Issues: The Community Development budget currently identifies $40,000 in professional services for the 2040 Comprehensive Plan update. The actual cost will exceed $51,975 due to some work SHC completed in 2018 that has already been invoiced. Strategic Priorities: • Resident Economic Stability • Targeted Redevelopment • Safe, Secure, Stable Community • Key Transportation Improvements Attachment • Master Services Agreement • Attachment 2— Amended Scope and Schedule Resolution Approving the Master Services Agreement with Swanson Haskamp Consulting o Resolution Requesting Additional Time Within Which to Complete the City's Comprehensive Plan Review Obligations MASTER SERVICES AGREEMENT BETWEEN SWANSON HASKAMP CONSULTING, LLC AND THE CITY OF FOR PLANNING SERVICES RELATED TO THE 2040 COMPREHENISVE PLAN UPDATE The Agreement ("Agreement") is made as of June 1, 2017 and between, the City of Brooklyn Center ('Client"), 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430, and Swanson Haskamp Consulting, LLC ("SHC°), 246 Albert Street S., Suite 2A, St, Paul, MN 55105, to provide Professional Planning Services ('Services") by SHC for the 2040 Comprehensive Plan Update project ("Project') as directed by the Client. Description of Services (Scope of Services) Jennifer Haskamp, President of SHC shall be the primary contact and project manager assigned to perform planning and project management services for the Project. SHC will work at the direction of City Staff to assist on the Project as requested. SHC will coordinate with City Staff to identify desired deliverables, and estimated anticipated costs to provide and perform the requested work. Standard of Care. SHC's services shall be performed based on the standard of reasonable professional care for services similar in scope, schedule, and complexity to the services being provided by SHC. All warranties, express or implied, under the Proposal or otherwise, in connection with SHC's services are expressly disclaimed. Period of Service This contract shall be effective through completion of the draft 2040 Comprehensive Plan, which anticipated to be completed no later than December 2018. Compensation SHC shall be paid for Services provided in accordance with the following methods, including reimbursable expenses described but not limited to, plotting charges, Fed Ex, UPS, messenger delivery charges, and mileage, plus all taxes, fees, or stamps required by state federal, municipal or other government agencies in the providing of Services, if applicable: Hourly basis per Attachment 1: Rate Schedule, plus reimbursable expenses. Payments are due upon presentation of SHC's invoices, and the Client agrees to pay bills within 30 days of receipt. SHC and the Client shall work together to establish the method for reporting and submitting invoices to assist with the ease of monthly billing and budget management. Client hereby acknowledges that sufficient funds are currently available, or methods to obtain funds, are assigned to pay for the cost of the Project contemplated by the Agreement. SHC has the right, at its sole discretion, to stop work and withhold work product or Services, if payments have not been received within 30 days of invoicing date. If Payments are not made within 30 days, a service charge of one (1) percent per month (12% annum), or as permitted by law, will be charged on any unpaid balance. Service charges may be compounded. If Client fails to make payments to SHC consistent with the Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at SHC's option, cause for suspension of performance of the Services under the Agreement. If SHC elects to suspend Services, prior to suspension of Services, SHC shall give seven days written notice to Client, In the event of a suspension of Services, SHC shall have no liability to Client for delay or damage caused to Client because of such suspension of Services. Before resuming Services, SHC shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of SHC's services. SHC's fees for the remaining Services and the time schedules shall be equitably adjusted. In the event of termination not the fault of SHC, SHC shall be compensated for Services performed prior to termination, together with reimbursable expenses due. Client's Responsibilities Client shall provide full information in a timely manner regarding requirements for and limitations for successful execution of the Services, including objectives, schedule, constraints and criteria, requirements and relationships and any other pertinent information that will assist SHC in achieving the expectations of the Client. The Client shall designate a representative authorized to act on the Client's behalf with respect to the Project and will serve as the Project point of contact throughout the duration of this contract. The Client, or such designated representative, shall render decisions in a timely manner pertaining to documents submitted by SHC to avoid unreasonable delay in the orderly and sequential progress of the Project. Termination The Agreement may be terminated by either oarty at any time should the other party fail to perform in accorc1ne with its terms thrninh nn fiift n the party initiating the termination. Such termination shall be effective after giving ten days written notice. Client agrees to pay SHC for all Services provided up to the effective date of termination. Miscellaneous Work Product The documents prepared by SHC for the Project are instruments of SHC's service for use solely with respect to the Client and, unless otherwise provided and agreed, SHC shall be deemed the author of these documents. All documents shall be the property of the Client, and both the Client and SHC shall retain all common law, statutory and other reserved rights, including the copyright. The Client and SHC shall be permitted to retain copies, including reproducible copies, of SHC's documents for the Client's information, reference and use in connection with the Services. Claims and Consequential Damages SHC and Client waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's terminating in accordance with the termination clause. Any claim, dispute or other matter in question arising out of or relating to the Proposal or breach thereof ("Claim") shall be resolved by litigation in the State or (assuming subject matter jurisdiction) Federal Court located in Hennepin County, Minnesota. Interpretation and Severability Each provision of this Agreement is severable from the others. Should any provision of the Agreement be found invalid or unenforceable, such provision shall be ineffective only to the extent required by law, without invalidating the remainder of such provision or the remainder of the Agreement. Further, to the extent permitted by law, any provision found invalid or unenforceable shalt be deemed automatically redrawn to the extent necessary to render it valid and enforceable. Assignment The Client and SHC, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement Neither the Client nor SHC shalt assign this Agreement without the written consent of the other. Team Relationship The Client and SHC agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. Entire Agreement The terms and conditions set forth herein constitute the entire understanding of the parties relating to the services to be provided by SHC. Only a written instrument signed by both parties may amend the Agreement. Governing Law The Agreement shalt be construed, interpreted, and enforced in accordance with the laws of the State of Minnesota, excluding its conflict of laws. SHC and Client expressly consent to the exclusive personal jurisdiction and venue of the Minnesota courts for all purposes relating to the Project. The parties waive trial by jury. Execution In witness whereof, the parties hereto have made and executed the Agreement as of the day and first above written. CITY OF BROOKLYN CENTER SWANSON HASKAMP CONSULTING, LLC Je(rdi —etskafrident&incipal Planner 611/2017 Printed Na Date o • r\- &zc,j- 'Tc ïj t 'j SH C Attachment 1: Rate Schedule (2017) Service Rate Principal Planner (Haskamp, SHC)$130/Hour • Report & Document Preparation/Review • Research and Analysis • Meeting Attendance Senior Market Researcher & Planner (Demma, P+W)$ 150/Hour Demographics and Housing Analysis Report and Document Preparation/Review Meeting Attendance Project Planner (Yahner, SHC)$95/Hour • Meeting Attendance • Research and Analysis Hourly Rate Technical Analysis $90/Hour • GIS Mapping • Document Layout Graphics Mileage rate (Standard IRS rate)$0.54/mile Printing and Mailing Services**Actual Expenses *Billi ng will be submitted on an hourly rate up to the estimated costs, and billed per task. Authorization to ex- ceed estimated costs will be obtained prior to completing any additional work, 'Daily*D o ily printing and small print will not be charged. Large scale or large quantity print lobs will be billed at actual expense rates. ATTACHMENT 2 to MSA Dated June 1, 2017 and Executed June 2:t, 201 7 The following scope associated cost estimate is provided to continue work on the Project as detailed within the Master Service Agreement dated June 1, 2017 for the 2040 Comprehensive Plan Update. The estimate is based on the Background Report that includes demographic and socio-economic data; the draft annotated outline of the 2040 Plan Update provided to City Staff in December 2017; and continuing work and discussions with the Planning Commission and City Staff. Plan Development - Existing 2030 Chapters will be updated to comply with Metropolitan Council System Statement and Checklist. The following summary of the 2030 Plan Chapters and recommend additions to the 2040 Plan are outlined in greater detail in the draft annotated outline. The updated chapters will accomplish the following: a.Respond to socio-economic and demographic changes since the last planning period; b.Meet Metropolitan Council checklist requirements; c. Incorporate aspirations, recommendations and feedback solicited through the Plan development process. Topic I Consultant Estimated Cost Responsibility/Lead 1.0 Executive Summary - Process summary,J. Haskamp, SHC $2,000 vision statement, key findings/recommendations and themes 2.0 Introduction and Community Profile -J. Haskamp, SHC $2,000 including updated vision, goals and strategies 3.0 Land Use, Redevelopment and Community J. Haskamp, SHC (land $12,000 Image Plan - existing and future land use, new use); J. Demma, P+W land use designations, density and acre (redevelopment) calculations, mapping, redevelopment analysis (may be separate chapter), special resource protection 4.0 Housing Plan - existing and future housing J. Demma, P+W $5,000 stock supply and demand, affordable analysis .o Transportation Plan - existing road, transit,J. Haskamp, SHC $2,500 bikeway system and plan based on future land use plan and projections. Update TAZs, address transit and RBTN (will require assistance from City Staff) 6.o Park System Plan - existing and planned J. Haskamp, SHC $3,000 park and trail plan, rework chapter, address MNRRA, CIP Attachment : MSA for 2040 Comprehensive Plan Update 3/2/2018 7.0 Resource Plan - update for consistency with J. Haskamp, SHC $2,500 Future Land Use Plan and Redevelopment Plan; this will require coordination with city's engineering and public works department 8.0 Implementation - will require assistance and J. Haskamp, SHC $3,000 coordination with staff Document Layout/Graphics SHC $2,500 Fistimatec[Total 01 Plan Development 34,500 II. Engagement Process (Public & Working Group) a. Working Group - The Planning Commission was selected as the working group to expedite the process given the short timeline. The intent is that the SHC team will present/discuss at the PC's regular monthly meetings, with a minimum of six additional meetings (including the required public hearing). i.SHC Team attendance: J. Haskamp at six meetings, J. Demma will attend two meetings, one of which is the public hearing ii.Estimated Budget: $8,000 (includes meeting preparation time and travel) b. Attend three () Commission Meetings including Housing, MAC, and Park Commissions. L SHC Team Attendance: J. Haskamp at three meetings, J. Demma at two meetings ii. Estimated Budget: $3,000 c. City Council Meetings, including one work session i.SHC Team Attendance: J. Haskamp at work session and City Council meeting, J. Demma at City Council meeting ii.Estimated Budget: $1,500 d. Staff Work Sessions: Attend 5 monthly meetings, 5 monthly phone conferences; 1 work session with engineering 1. SHC Team Attendance: J. Haskamp at all meetings; J. Demma at one staff meeting ii. Estimated Budget: $1,975 e.Create and Maintain Project Website: $500 development, hourly to maintain. The estimate assumes that the website will be jointly managed with staff to reduce costs. f.Event Attendance - SHC Only, $500/Event up to 3 Hours; J. Demma billed at hourly rate, if attendance requested. Estimate assume SHC and J. Demma at one event, that may function as an Open House to present the draft Plan. i. Estimated Budget: $i,000 (including prep time and travel) III. Metropolitan Council Transmittal (if Requested) a.Prepare form and submittal - $1,500 (not included in estimate) b.Additional coordination/correspondence to be billed at hourly rate. J. Haskamp is available to assist City Staff with preparation of the form and submittal to Metropolitan Council. (not included within the estimate) Attachment : MSA for 2040 Comprehensive Plan Update 3/2/2018 Summary Assumptions for Estimated Budget: • SHC team will prepare all draft chapter content including mapping and analysis. • SHC will continue to work with the Planning Commission as the primary working group to complete the draft 2040 Plan Update as outlined above. • SHC team will hold/attend one Open House or Event (Earle Brown Days) to present the draft plan to a larger audience. We will work with City Staff to determine appropriate meeting format, duration, etc. • SHC team will present draft plan and attend the Planning Commission public hearing, .,r(svlr 0+'7 1Vrr.,l rrsrlT Pi- Pesiitit1 ry,cM--r,q • Staff work sessions/meetings estimate based on ; hours (including travel time); phone conference estimated at 0.5 hours. Workshop with engineering staff estimated as 3-hour work session. • SHC's estimate and scope is based on a collaborative and coordinated approach with staff to complete this Plan Update. This is particularly important to the transportation, park system, and resource chapter components which rely on information from the City's various departments to ensure a coordinated Plan Update is produced. TOTAL Estimated Budget to Complete Update: $50,475 Attachment 2: MSA for 2040 Comprehensive Plan Update 3/2/2018 Commissioner introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE MASTER SERVICES AGREEMENT WITH SWANSON HASKAMP CONSULTING, LLC FOR PROFESSIONAL SERVICES TO COMPLETE THE 2040 COMPREHENSIVE PLAN vv1-II1(EA, lvlinnesoLa Siamtes secuon 473.864 requires iocai governmeniai uniis to review and, if necessary, amend their entire comprehensive plans and their fiscal devices and official controls at least once every ten years to ensure comprehensive plans conform with metropolitan system plans and ensure fiscal devices and official controls do not conflict with comprehensive plans or permit activities that conflict with metropolitan system plans; and WHEREAS, Minnesota Statutes sections 473.858 and 473.864 require local governmental units to complete their "decennial" reviews by December 31, 2018; and WHEREAS, ON June 21, 2017, the City entered into a Master Services Agreement, dated June 1, 2017, with Swanson Haskamp Consulting, LLC to complete background analysis related to the 2040 Comprehensive Plan update; and WHEREAS, Swanson Haskamp Consulting, LLC completed the scope of the initial agreement satisfactorily; and WHEREAS, Swanson Haskamp Consulting, LLC submitted Attachment 2 to the Master Services Agreement, which proposed a work plan, cost and scope to complete the 2040 Comprehensive Plan in an amount not to exceed $51,975; and WHEREAS, the City Council finds it is appropriate to accept Attachment 2, and enter into an agreement with Swanson Haskamp Consulting, LLC to complete the 2040 Comprehensive Plan NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BROOKLYN CENTER, MINNESOTA, AS FOLLOWS: The City Council hereby approves the Master Services Agreement, Attachment 2 and hereby authorizes the City Manager to negotiate any additional details as may be necessary and appropriate and approved by legal counsel to the City Council. Adopted by the City Council of Brooklyn Center on March 26, 2018. RESOLUTION NO. March 26,_2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember________________ 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. 2 Commissioner introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REQUESTING ADDITIONAL TIME WITHIN WHICH TO COMPLETE COMPREHENSIVE PLAN "DECENNIAL" REVIEW OBLIGATIONS WHEREAS, Minnesota Statutes section 473.864 requires local governmental units to Ui1L, Ii. UI1I11L I1fl 11LLi' U11I111 11 jJ1UI' (U1 U1'-'Ii 11'.U1 I411U official controls at least once every ten years to ensure comprehensive plans conform with metropolitan system plans and ensure fiscal devices and official controls do not conflict with comprehensive plans or permit activities that conflict with metropolitan system plans; and WHEREAS, Minnesota Statutes sections 473.858 and 473.864 require local governmental units to complete their "decennial" reviews by December 31, 2018; and WHEREAS, Minnesota Statutes section 473.864 authorizes the Metropolitan Council to grant extensions to local governmental units to allow local governmental units additional time within which to complete the "decennial" review and amendments; and WHEREAS, any extensions granted by the Metropolitan Council must be submitted by May 31, 2018, and must include a timetable and plan for completing the review and amendment; and WHEREAS, Brooklyn Center will not be able to complete its "decennial" review by December 31, 2018, for the following reasons: Staffing turnover and workload. WHEREAS, the City Council finds it is appropriate to request from the Metropolitan Council an extension so the City can have additional time to complete and submit to the Metropolitan Council for review an updated comprehensive plan and amend its fiscal devices and official controls. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BROOKLYN CENTER, MINNESOTA, AS FOLLOWS: 1.The City Manager is directed to submit to the Metropolitan Council no later than May 31, 2018, an application requesting an extension to May 1, 2019. 2.The City Manager is directed to include with the request a reasonably detailed timetable and plan for completing: (a) the review and amendment by May 1, 2019; and (b) the review and amendment of the City's fiscal devices and official controls. Adopted by the City Council of Brooklyn Center on March 26, 2018. RESOLUTION NO. March 26,_2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember_________________ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center City Council Meeting March 26, 2018 Approve a Resolution approving the Master Services Agreement, Attachment 2 with Swanson Haskamp Consulting, LLC for Professional Services to complete the 2040 Comprehensive Plan. Approve a resolution requesting additional time within which to complete the City’s comprehensive plan review obligations. Cities are statutorily required to update their comprehensive plans every 10 years. The Metropolitan Council oversees comprehensive plan updates and has set a deadline of December 31, 2018. In June 2017 the City entered into a Master Services Agreement with SHC to complete background analysis related to the 2040 Comprehensive Plan update. SHC has completed that work and staff is now seeking authorization to extend that contract to include the completion of the2040 Comprehensive Plan update. Not to exceed $51,975 The updated plan will: ◦Respond to socio-economic and demographic changes since the last planning period; ◦Meet Metropolitan Council checklist requirements; ◦Incorporate aspirations, recommendations and feedback solicited through the Plan development process. ◦All required special assessment procedures followed Scope and cost assumes collaboration and coordination with staff to complete Plan Update. Planning Commission will be the primary working group and will meet monthly Draft will be presented to the Housing Commission, MAC, and Park Commission for feedback SHC team will hold an event at Earle Brown Days to present the draft and solicit feedback from public Project website maintained March-June – Develop plan Saturday, June 23 – Earle Brown Days July – Draft plan August 13 - Present at Council work session August 30 – Planning Commission holds official public hearing September 10 – Council adopts draft plan September 2018-March 2019 – Effected Jurisdictional Review March 2019 – Final document adopted April 2019 – Submit to Met council for approval Updated Comprehensive Plan are due to the Met Council by December 31, 2018 Requests for an extension are due by May 31, 2018 Resolution from City Council is required Extension request is for May 1, 2019 Approve a Resolution approving the Master Services Agreement, Attachment 2 with Swanson Haskamp Consulting, LLC for Professional Services to complete the 2040 Comprehensive Plan. Approve a resolution requesting additional time within which to complete the City’s comprehensive plan review obligations. EDA Agenda EPA MEETING City of Brooklyn Center March 26, 2018 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. January 22, 2018— Regular Session 4.Commission Consideration Items a. Resolution Approving a Preliminary Development Agreement with Alatus, LLC for the Opportunity Site Requested Commission Action: —Motion to adopt resolution. 5. Adjournment EDA Agenda Item No. 3a 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 JANUARY 22, 2018 CITY HALL - COUNCIL CHAMBERS 1.CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to order by President Tim Willson at 7:55 p.m. 2.ROLL CALL 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, Interim Community Development Director Michael Ericson, Director of Public Works Doran Cote, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 3.APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Lawrence-Anderson moved and Commissioner Graves seconded to approve the Agenda and Consent Agenda, and the following item was approved: 3a. APPROVAL OF MINUTES January8, 2018— Regular Session Motion passed unanimously. 4.COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION NO. 2018-03 APPROVING THE PURCHASE AND SALE AGREEMENT AND ACQUISITION OF CERTAIN PROPERTY LOCATED AT: 5915 JOHN MARTIN DRIVE, BROOKLYN CENTER, MN Interim Community Development Director Michael Ericson introduced the item, discussed the history, and stated the purpose of the proposed resolution to approve the purchase agreement with Eretz LLC for the sale of the former Perkins Restaurant site located at 5915 John Martin Drive. He described the negotiations with the property owner of the former Perkins Restaurant for several years and indicated that recently, staff was approached by the owner and an agreement in the sale price was reached at $425,000. The Finance Director has identified the 01/22/18 -1- DRAFT source of funds for the purchase as Tax Increment Financing (TIF) District 3. After the sale price is deducted from the TIF #3 Fund, the remaining balance will be $1.7 million. Commissioner Graves left the Chambers at 7:57 p.m. Commissioner Lawrence-Anderson moved and Commissioner Butler seconded to adopt RESOLUTION NO. 2018-03 Approving the Purchase and Sale Agreement and Acquisition of Certain Property Located at: 5915 John Martin Drive, Brooklyn Center, MN. Motion passed 4-0-1 (Commissioner Graves absent for the vote). Commissioner Graves returned at 7:58 p.m. 5. ADJOURNMENT Commissioner Ryan moved and Commissioner Lawrence-Anderson seconded adjournment of the Economic Development Authority meeting at 7:58 p.m. Motion passed unanimously. 01/22/18 -2- DRAFT EDA Agenda Item No. 4a EDA ITEM MEMORANDUM DATE: March 26, 2018 TO: Curt Boganey, City Man t FROM: Meg Beekman, Community Development Director SUBJECT: Resolution Approving the Preliminary Development Agreement with Alatus, LLC for the redevelopment of the site known as the Opportunity Site Recommendation: It is recommended that the Economic Development Authority adopt the Resolution Approving the Preliminary Development Agreement with Alatus, LLC for the redevelopment of the Opportunity Site. Background: On February 20, 2018, the City Council heard proposals from two developers regarding concepts for the Opportunity Site. After meeting with each development team, hearing their vision for the site, and reviewing the proposed concepts, the City Council directed staff to move forward with drafting a Preliminary Development Agreement with Alatus, LLC. Preliminary Development Agreement: Stacie Kvilvang, with Ehlers has prepared a memo outlining the terms and conditions of the PDA (Attached). Resolution: The City Attorney's Office has prepared the attached resolution which formally approves the Preliminary Development Agreement with Alatus, LLC. Budget Issues: There are no General Fund expenditures associated with this agreement. Alatus, LLC will be responsible for all expenses incurred by the city related to the predevelopment work on this site, as described in the Preliminary Development Agreement. This lot is included within Tax Increment District No. 7 (Opportunity Site) with future tax increment generated by this development available to the EDA for eligible redevelopment expenditures and activities. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EDA ITEM MEMORANDUM Strategic Priorities: • Targeted Redevelopment Attachments: • Memo dated March 16, 2018 from Stacie Kvilvang • EDA Resolution 2018-004 • Preliminary Development Agreement with Alatus, LLC Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust To: Curt Boganey - Executive Director From: Stacie Kvilvang Date: March 16, 2018 Subject: Preliminary Development Agreement (PDA) For Opportunity Site At the February 20, 2018 City Council work session, the City Council directed staff to work with the EDA Attorney to draft a PDA by and between Alatus LLC. for review and consideration. The intent of the PDA is to provide the developer exclusive development rights to the property for a defined term. During this time, the EDA and the developer will negotiate a Purchase and Redevelopment Agreement which will include terms for the sale of the EDA property. The agreement will also include details of what is to be constructed and when, as well as a determination of all public improvements required for the development. In addition, the City, EDA and the developer will be completing all actions necessary to approve final site plans for the development. Following are the proposed terms of the PDA: 1.Property a. Authority-owned property known as the "Opportunity Site" and consisting of approximately 32 acres plus two (2) additional parcels owned or under contract by the EDA adjacent or near this site. 2.Term a.PDA is for one (1) year and expires on April 1, 2019, unless otherwise extended by agreement of both parties Either party can terminate the PDA at any time by providing written notice. The Developer is required to promptly notify the EDA if they determine that the development isn't financially feasible and the PDA will be terminated. b.EDA will not (i) discuss the terms of the Development or enter into or negotiate a similar agreement or other proposals with any other party during the term of the PDA for development of the area without the prior written consent of the Developer; or (ii) provide or enter into an agreement to provide financial assistance to any other party to develop the Authority Property. c. During the term of the PDA, the EDA and the developer shall proceed with the negotiation of a Purchase and Development Agreement, which is at the sole discretion of each party. vwwehIers-inccom E H L E R S Minnesota phone 651-697-8500 3060 Centre Pointe Drive LEADERS IN PUBLIC FINANCE Offices also in Wisconsin and Illinois fax 651-697-8555 Roseville, MN 55113-1122 toll free 800-552-1171 Curt Boganey - EDA Executive Director Preliminary Development Agreement For Opportunity Site March 15, 2018 Page 2 3. City responsibilities a.Coordinate meetings with the EDA, City Council, Planning Commission and the community to refine the site plan and project details b.Assist in identifying public improvements necessary to be constructed in connection with the Development, including but not limited to the centralized park area, new roadways and storm water ponding c.Identify type and amount of development fees that the developer will be required to pay d.Identify the approval process and timeframes for development approvals that may be expected for the development e.Identify the sources of public financial assistance that may be made available to the Developer in connection with the Development f.Provide the developer title information, surveys and environmental reports related to the property g.Negotiate with the developer the terms of and prepare the Purchase and Development Agreement, including analyzing justification of the purchase price for the Authority property h.Provide the developer surveys and environmental reports it has for the property and cooperate with the Developer in pursing and federal or state environmental approvals, permits, etc. I. Neither the City nor the EDA will exercise its condemnation powers to acquire any additional property in connection with the Development, notwithstanding any other agreement. 4. Developer responsibilities (at sole expense) a.Continue to refine its site and building plans for the development b.Undertake preliminary engineering and soil testing of the property, indemnify the EDA from any claims or damage due to entry onto the property and repair any damage made to the property c.Submit a proposed schedule for the undertaking of the Development including phasing and the timing of the closing of each phase d.Update evidence of title to the property and provide to the EDA any objections to title e. Seek to secure a commitment for financing sufficient for construction of the first phase of Development Curt Boganey - EDA Executive Director Preliminary Development Agreement For Opportunity Site March 15, 2018 Page 3 f.Submit to staff a project pro forma detailing all costs of the development and the sources and uses of all funds to finance the development, including justification for the amount proposed to be paid by the developer to acquire the property g.Seek to secure tenants for the Development; provided that the Developer has no authority to lease or otherwise encumber the Authority Property h.Determine the acceptability of the environmental condition of the Authority and Additional Property i.Identify the Additional Property to be acquired to undertake and complete the Development and work to secure options or purchase agreements with the owners of such property j.Identify any off-site public improvements expected or required to be completed as part of the Development and identify any on-site public improvements expected or required to be completed as part of the Development, including any centralized park, new roads and storm water ponding. k.Conduct one or more community open house(s) to solicit public input regarding the proposed development concept and such other neighborhood meetings as may reasonably be requested by the EDA. I. Work with the EDA/City to provide information necessary to apply for funding grants from governmental grant sources. m.Obtain any market studies for the Development to assess overall feasibility and to refine the scope of the Development and provide a copy to the EDA. n.Make all required presentations to the City Council, the EDA and Planning Commission. o.Undertake a traffic study to identify any traffic concerns, circulation issues and potential need for additional off-site improvements p.Provide quarterly status reports on progress to the EDA. 5.Payment of EDA Costs a. Developer will pay 100% of the EDA's costs for consultants in connection with the redevelopment including but not limited to Ehlers, EDA attorney, etc. Developer is required to make a $25,000 deposit at the time the PDA is signed into an escrow account and will continue to make deposits as required over time. 6.Contingencies a. Terms of acquisition (price) for Authority property has to be acceptable to the EDA Curt Boganey - EDA Executive Director Preliminary Development Agreement For Opportunity Site March 15, 2018 Page 4 b.Acceptance by the developer of environmental and geotechnical assessments and all other environmental and wetland reports and surveys certified to the developer and its lender c.Title to the property needs to be acceptable to the developer in its sole discretion d.The EDA and the developer need to obtain all necessary approvals from any participating governmental authority e.Developer needs to obtain from the City all planning, zoning and permit approvals f.The Developer having conducted soils, well, engineering, hazardous waste, environmental and other testing as it determines necessary g.Developer needs to obtain financing at a minimum the initial phase of the development acceptable to them and satisfactory to the EDA The developer has reviewed the attached PDA and is agreeable to the terms outlined. Please contact me at 651-697-8506 with any questions. Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO.__________ RESOLUTION APPROVING A PRELIMINARY DEVELOPMENT AGREEMENT (ALATUS/OPPORTUNITY SITE) WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (the "EDA") has received a proposal from Alatus, LLC, a Minnesota limited liability company (the "Developer") that the EDA consider entering into an agreement to assist the Developer in connection with the acquisition of land from the EDA and construction of a mixed use apartment/hotel/commercial/single-family development together with related improvements including a centralized park area, new roads and storm water ponding to be located in the area bounded by Shingle Creek Parkway, John Martin Drive, Highway 100 and Bass Lake Road in the City of Brooklyn Center, Minnesota (the "Project"); and WHEREAS, the EDA has caused to be prepared a Preliminary Development Agreement by and between the EDA and the Developer (the "Preliminary Development Agreement") setting forth the tasks the Developer will undertake in determining whether to proceed with the Project and the EDA will undertake in considering a definitive agreement pursuant to which it would provide assistance for the Project. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Economic Development Authority of Brooklyn Center, Minnesota (the "Board"), as follows: Section 1. EDA Approval, Further Proceedings. 1.01. The EDA hereby approves the Preliminary Development Agreement substantially in accordance with the terms set forth in the form presented to the Board, together with any related documents necessary in connection therewith (collectively, the "Preliminary Development Documents") and hereby authorizes the President and Executive Director to negotiate the final terms thereof and, in their discretion and at such time as they may deem appropriate, to execute the Preliminary Development Documents on behalf of the EDA, and to carry out, on behalf of the EDA, the EDA' s obligations thereunder. 1.02. The approval hereby given to the Preliminary Development Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the EDA and by the officers authorized herein to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the EDA. The execution of any instrument by the appropriate officers of the EDA herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. In the event of absence or disability of the officers, any of the documents authorized by this Resolution to be executed may be executed without further act or 519271v1 JSB BR291-386 EDA RESOLUTION NO. authorization of the Board by any duly designated acting official, or by such other officer or officers of the Board as, in the opinion of the City Attorney, may act in their behalf. 1.03. Upon execution and delivery of the Preliminary Development Documents, the officers and employees of the EDA are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the EDA to implement the Preliminary Development Documents. 1.04. The Board hereby determines that the execution and performance of the Preliminary Development Documents will help realize the public purposes of the Act. March 26,_2018 Date President 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. 2 51927 lvi JSB BR291-386 PRELIMINARY DEVELOPMENT AGREEMENT THIS AGREEMENT is made and entered into this day of _______, 2018, by and between the Economic Development Authority of Brooklyn Center, Minnesota (the "Authority") with its principal office at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, and Alatus, LLC, a Minnesota limited liability company (the "Developer") with its principal office at 800Nicollet Mall, Suite 2850, Minneapolis, Minnesota 55402. WITNESSETH: WHEREAS, the Authority is the owner of certain real property described in Exhibit A (the "Authority Property") located in the City of Brooklyn Center (the "City"); and WHEREAS, the Developer has presented to the Authority a concept for the development of the Authority Property and certain other real property located adjacent to or near the Authority Property that may be acquired by the Developer (the "Additional Property") through the construction of a mixed use apartment/hotel/commercial/single-family development together with related improvements including a centralized park area, new roads and storm water ponding (the "Development"), which proposal contemplates the Authority's conveyance of the Authority Property to the Developer; and WHEREAS, the Authority Property and the Additional Property are collectively referred to in this Agreement as the "Redevelopment Property"; and WHEREAS, the Authority's Board of Commissioners has reviewed the Developer's development concept and desires to enter into this Preliminary Development Agreement to allow the Developer to further refine its development concept and to negotiate the sale of Authority Property, public participation in the Development, and approval of the final development concept; and WHEREAS, the Authority and Developer intend to proceed with the Development if: (i) a design for the Development can be agreed upon by the Authority and the Developer; (ii) a satisfactory agreement can be reached regarding the purchase price to be paid by the Developer for the Authority Property; (iii) satisfactory financing for the Development can be secured; and (iv) the economic feasibility and soundness of the Development and other necessary preconditions have been determined to the satisfaction of the parties. NOW, THEREFORE, in consideration of the foregoing, the Authority and the Developer hereby agree as follows: Section 1. Preliminary Nature of Agreement. The Authority and Developer agree that this Agreement is intended to be preliminary in nature. Before the Authority and Developer can make a decision on whether to proceed with the implementation of the Developer's development concept, it will be necessary to assemble and consider information relative to the uses, design, economics and other aspects of the Development. The purpose of this Agreement is to allow the 1 5188380 JSB BR291-386 Developer an opportunity to assemble such necessary information, to refine the above referenced development concept, and to negotiate with the Authority concerning the execution of a purchase and development agreement (the "Contract") which, if executed, will set forth the rights and responsibilities of the Authority and the Developer with respect to the Development. During the term of this Agreement, the Authority agrees that it will not (i) subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, without the prior written consent of Developer, discuss the terms of the Development, or (ii) enter into or negotiate a similar agreement or any other proposals with any party other than the Developer to develop the Authority Property. Section 2. Present Intent of Parties. It is the intention of the parties that this Agreement document their present understanding and commitments and that if the following conditions can be fulfilled to the satisfaction of the Authority and Developer that the parties will proceed in an attempt to formulate a mutually satisfactory Contract: (a)the Developer demonstrates the feasibility of the Development as refined pursuant to this Agreement; (b)the Developer provides such documentation regarding the economic feasibility of the Development as the Authority may wish to receive during the term of this Agreement; (c)the completion of all undertakings required by this Agreement in a satisfactory and timely manner; (d)the satisfaction of such other conditions as are determined to be appropriate by either party; and (e) the Development is generally consistent with the proposal submitted to the Authority's Board of Commissioners on February 20, 2018. The Contract (together with any other agreements entered into between the parties hereto contemporaneously therewith) when executed will supersede all understandings and obligations of the parties hereunder. Section 3. Development Design. The Developer's concept for the Development on the Redevelopment Property is preliminary in nature and must be refined before implementation. The concept as proposed involves the construction of a mixed-use apartment/hotel/commercial/single-family development together with related improvements including a centralized park area, new roads and storm water ponding improvements. Section 4. Developer Undertakings. During the term of this Agreement the Developer shall do the following: (a) Continue to refine its site and building plans for the Development. 2 518838v5 JSB BR291-386 (b)Undertake preliminary engineering, soil testing/borings and geotechnical analysis of the Redevelopment Property. For this purpose, the Developer and its contractors shall have the right to enter upon the Authority Property at reasonable times and after notice to the Authority. The Developer shall indemnify, defend and hold the Authority harmless from and against any claims or damage, of whatsoever nature, arising out of the entry onto the Authority Property and shall repair any damage caused to the Authority Property. (c)Submit to the Authority a proposed schedule for the undertaking of the Development including phasing and the timing of the closing of each phase. (d)Using title information and a survey provided by the Authority, update evidence of title to the Authority Property and provide to the Authority any objections to title. (e)Seek to secure a commitment for financing sufficient for construction of the first phase of Development. (f)Submit to the Authority a project pro forma detailing all costs of the Development and the sources and uses of all funds to be raised to finance the Development, including justification for the amount proposed to be paid by the Developer to acquire the Authority Property. (g)Seek to secure tenants for the Development; provided that the Developer has no authority by virtue of this Agreement to lease or otherwise encumber the Authority Property. (h)Obtain environmental reports and studies provided by the Authority and such other studies and testing deemed necessary, to determine the acceptability of the environmental condition of the Authority Property and any Additional Property. (i)Identify the Additional Property to be acquired to undertake and complete the Development and work to secure options or purchase agreements with the owners of such property. (j)Identify any off-site public improvements expected or required to be completed as part of the Development and identify any on-site public improvements expected or required to be completed as part of the Development, including any centralized park, new roads and storm water ponding. (k)Conduct one or more community open house(s) to solicit public input regarding the proposed development concept and such other neighborhood meetings as may reasonably be requested by the Authority. (1) Work with the Authority or City to provide information necessary to apply for funding grants from governmental grant sources. 518838v5 JSB BR291-386 (m)Obtain any market studies for the Development to assess overall feasibility and to refine the scope of the Development and complete a traffic study to assess the overall traffic impact resulting from the Development. (n)Make all required presentations to the City Council of the City, the Authority's Board of Commissioners and the City Planning Commission in connection with approvals of the Development. All of the information described above shall be prepared or collected at the sole expense of the Developer. The Developer agrees that it will provide the Authority with quarterly status reports on progress made with respect to its activities under this Agreement. The Developer shall have no obligation to provide the Authority or City any reports, tests, analyses or any other due diligence it has prepared internally or obtained from any third party except as specifically provided herein. Section 5. Authority Undertakings. During the term of this Agreement, the Authority will undertake the following: (a)Coordinate meetings with the Authority, City Council, Planning Commission and the community to refine the Development plans. (b)Assist in identifying public improvements necessary to be constructed in connection with the Development, including but not limited to the centralized park area, new roadways and storm water ponding. (c)Identify construction, permit, application, utility and any other fees and the amount of such fees that the Developer may be expected to pay in connection with the Development. (d)Identify the approval process and timeframes for development approvals that may be expected for the Development. (e)Identify the sources of public financial assistance that may be made available to the Developer in connection with the Development such as tax increment financing, state, local and federal grants and land write down assistance. If any such financial assistance is actually provided in connection with the Development, the amount, timing and terms of such assistance will be set forth in the definitive Contract and no commitment is being made in this Agreement that any such assistance will be provided to the Developer. (f)Provide to the Developer any title information and any 3'' party reports the Authority has on hand regarding the Authority Property. (g) Cause to be prepared drafts of the Contract upon satisfaction of the conditions in Section 2. 518838v5 JSB BR291-386 (h)Provide to the Developer any surveys and environmental reports related to the Authority Property that are in the possession of the Authority. The Authority will, at the Developer's expense, cooperate with the Developer in pursuing any federal or State environmental approvals, permits, program enrollments or determinations requested by the Developer with respect to the Authority Property. (i)Analyze information provided by the Developer to determine if the conveyance of the Authority Property for the Developer's proposed purchase price is justified. (j)Notwithstanding any provisions or understanding to the contrary, neither the City nor the Authority will exercise its condemnation powers to acquire any additional property or other real property in connection with the Development. (k)Cooperate with the Developer, at the Developer's expense, in completing the traffic study as required by Section 4(m). Section 6. Contingencies. The parties acknowledge and agree that proceeding with the Development is subject to a number of contingencies, including, but not limited to, the following: (a)The acquisition of all or part of the Redevelopment Property by direct purchase, on such terms and conditions as are acceptable to the Authority in its sole and absolute discretion. (b)The acceptance by the Developer of its environmental and geotechnical assessments and all other environmental and wetland reports and surveys certified to the Developer and its lender, deemed necessary by the Authority and the Developer for all of the property to be encompassed by the Development, which reports and surveys must be satisfactory to the Authority and the Developer. (c)The Authority and the Developer having obtained all necessary approvals for the Development from any participating governmental authority including, but not limited to, any necessary watershed district approvals. (d)The Developer having obtained such zoning modifications, rezoning, planned unit development approvals, conditional use permits and such other approvals as are necessary to allow the Development to move forward. (e)Title to the Authority Property and any Additional Property having been found acceptable to the Developer in its sole discretion. (f)The Developer having conducted such soils, well, engineering, hazardous waste, environmental and other testing as it determines necessary. (g) The Developer having obtained financing for, at a minimum, the initial phase of the Development acceptable to Developer and satisfactory to the Authority. 5 5188380 JSB BR291-386 Section 7. Negotiation of Contract. During the term of this Agreement, the Authority and the Developer shall proceed with the negotiation of a Contract relative to the Development. The decision to enter into a Contract shall be in the sole discretion of each of the parties. If prior to execution of the Contract either party determines in its sole discretion that it is not in its best interest, for whatever reason, to proceed with the Development or the Contract, it shall so notify the other party, whereupon this Agreement shall terminate and neither party shall have any rights or obligations to the other or to any third party under or with respect to this Agreement, except as provided in Section 9 regarding Authority costs incurred prior to such termination. If the Developer determines during the term of this Agreement that undertaking the Development is not financially feasible, it will promptly notify the Authority of such determination and the parties will terminate this Agreement. Section 8. Effect of Approvals. No approval given by the Authority hereunder or in connection herewith shall be deemed to constitute an approval of the Development for any purpose other than as stated herein and the process outlined in this Agreement shall not be deemed to supersede any concept review, conditional use permit, vacation, subdivision, or other zoning or planning approval process of the Authority or the City relative to the development of real estate. Section 9. Payment of Authority Costs. In consideration of the Authority's covenants and agreements set forth herein, the Developer agrees that it will pay costs incurred by the Authority in connection with the preparation of this Agreement, financial analysis, the negotiation, preparation and implementation of the Contract in the manner and to the extent provided in this Section 9. The Developer shall deposit $25,000 with the Authority within 3 business days of execution of this Agreement. The Authority shall have the right to draw upon such amounts to pay its costs. Upon request by the Developer, the Authority shall provide an accounting of the use of any funds deposited with the Authority. If the amount on deposit becomes fully depleted or the Authority wishes to incur a cost that would cause the deposit to be fully depleted, the Authority shall have the right to request that the Developer replenish such funds. Upon such request, the Developer shall remit to the Authority additional funds to be held on deposit and used to pay costs. If the Developer fails to make such a deposit within 3 business days, the Authority may terminate this Agreement. The Authority shall not incur any cost unless it has sufficient funds on deposit to pay for such costs. If this Agreement is terminated in accordance with the terms hereof, any sums remaining on deposit with the Authority, after the Authority pays or reimburses itself for costs incurred to the date of termination, shall be returned to the Developer. No other financial obligations shall exist between the parties, other than those that may be negotiated and contained in the Contract. Section 10. Modifications. This Agreement may be modified and the term hereof may be extended only through written amendments hereto signed by both of the parties to this Agreement. Section 11. Exclusive Rights. In consideration of the time, effort and expenses to be incurred by Developer in pursuing the undertakings set forth herein and in further consideration of the funds paid to the Authority, the receipt of which is hereby acknowledged, the Authority 6 518838v5 JSB BR291-386 hereby agrees that for the term of this agreement it will not: (i) provide or enter into an agreement for provision of financial assistance to any third party in connection with any proposed development of the Authority Property. During such period the Developer shall have the exclusive right to work with the Authority in establishing a definitive Contract for the Redevelopment Property. Said exclusive rights shall continue, unless earlier terminated as provided herein, for the period described within Section 12 of this agreement. Section 12. Termination. This Agreement shall be effective until April 1, 2019, unless terminated earlier in accordance with Section 7. If for any reason a Contract has not been entered into by the parties by such date or any mutually approved extension thereof, this Agreement shall be null and void and neither party shall have any liability or obligations to the other, except as provided in Section 9 regarding Authority costs incurred prior to the termination of this Agreement. Section 13. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement. Section 14. Notices. Notice, demand, or other communication from one party to the other shall be deemed effective if sent by certified mail, postage prepaid, return receipt requested or delivered personally to a party at its address in the first paragraph of this Agreement, or at such other address as such party may designate in writing to the other party. 7 518838v5 JSB BR291-386 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA By Its By Its ALATUS, LLC By Its 8 5188380 JSB BR291-386 EXHIBIT A Authority Property The real property located in the area bounded by Shingle Creek Parkway, John Martin Drive, Highway 100 and Bass Lake Road in the City of Brooklyn Center, Minnesota. 518838v5 JSB BR291-386 Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION March 26, 2018 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. ACTIVE DISCUSSION ITEMS 1. Off-Site Storage of Vehicles PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Naturally Occurring Affordable Housing Policy 2.City Council Code of Policies (10-9-17 Study Session Discussion) a. Section 2.93 Long-Term Deer Population Management Plan 3.Tobacco Purchase Age 21 (Brooklyn Youth Council) - June 4.Organic Composting and Native Bee Habitat (1-8-18 Study Session Discussion) - April 5. Median Safety Ordinance - April Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: March 26, 2018 TO: Curt Boganey, City Managd//,q FROM: Meg Beekman, Community Development Director SUBJECT: Off-site storage of vehicles Recommendation: It is recommended that the City Council consider providing direction to staff regarding Luther Auto's request to store new vehicles off-site from their auto sales locations. Background: Luther Auto has approached the City regarding an immediate need for temporary storage of approximately 300 new vehicles. They are seeking space to locate these vehicles for approximately 6 months. This need is related to the new dealership they are starting work on at the former bus garage. While this has been presented by Luther as an immediate and short-term problem, they have expressed in the past similar issues related to vehicle storage. Further, they have indicated that they are still seeking a long-term solution to their vehicle storage issues. Luther has specifically requested to use EDA-owned property on a short-term basis to store vehicles while they look for a long-term solution. Policy Issues: The Zoning Code prohibits off-site storage in all zoning district. This means that businesses are prohibited from storing products or goods on any property other than that which the products or goods are being sold or used. The only exception provided for in the code is related to landscaping materials to allow tree lots and temporary garden centers. At present there is no mechanism in the code to allow Luther Auto to use a lot outside of their dealership property to store vehicles; whether that property is owned by the City or not. If the Council wants to allow Luther to store their vehicles off-site, an amendment to the Zoning Code would be necessary. After discussing this issue with the City Attorney, staff feels if the Council chooses to move forward with such an amendment, that using the interim use process would be the best mechanism to allow Luther to store their vehicles off-site, but maintain control over where and for how long that storage could occur. The Code currently provides for interim uses, but narrowly allows them only for the purpose of providing temporary classrooms on school properties. An amendment could be made to allow off-site storage of new vehicles in certain Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment MEMORANDUM - COUNCIL WORK SESSION areas, or on City-owned property only for example. The ordinance could be written narrowly enough that it would only provide for this specific situation. Staff is seeking direction on the following items: • Does Council want to allow Luther Auto to store vehicles off-site? • If so, under what conditions would this be allowed, and where? If the Council directs staff to proceed with this amendment, we will work with Luther Automotive to identify a site and to draft an amendment to the Zoning Code that would then go to the Planning Commission for public hearing and a recommendation before coming to Council for approval. The entire process, with notification and publication times would take 90-115 days. Our Vision: We envision Brooldvn Center as a thriving, diverse community with afimil range of housing. business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment