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HomeMy WebLinkAbout2018 04-09 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION April 9, 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. Backyard Chickens/Fowl — Councilmember Ryan b. Update — Topgolf Birds 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center April 9, 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 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. March 26, 2018, Study/Work Session 2. March 26, 2018, Regular Session b. Licenses C. Resolution Approving and Authorizing Execution of Cooperative Agreement for Cost Participation with Hennepin County and Brooklyn Park for Trunk Highway 252/I-94 Environmental Review CITY COUNCIL AGENDA -2- April 9, 2018 d. Joint Powers Agreements for the Brooklyn Boulevard Corridor Project Phase 1 1. Resolution Approving and Authorizing Execution of a Joint Powers Agreement with the City of Minneapolis for the Reconstruction of Brooklyn Boulevard (CSAH 152) from South of 49th Avenue to North of Bass Lake Road (CSAH 10), Improvement Project No. 2018-05 2. Resolution Approving and Authorizing Execution of a Joint Powers Agreement with Three Rivers Park District for the Reconstruction of Brooklyn Boulevard (CSAH 152) from South of 49th Avenue to North of Bass Lake Road (CSAH 10), Improvement Project No. 2018-05 e. Resolution Approving Final Plat for NORTHBROOK CENTER 3RD ADDITION £ Resolution Accepting Bid and Awarding Contract, Improvement Project No. 2018-09, Water Tower No. 2 and Water Tower No. 3 Rehabilitation g. An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the Southeast Section of the City, Generally Situated Between Highway 100 to the West and North, Logan Avenue North to the East, and 57th Avenue North to the South, and Locally Identified as 1950 57th Avenue North —Motion to approve first reading and set second reading and Public Hearing for May 14 2018. h. Resolution Authorizing the Community Activities, Recreation and Services Department to Apply for Grant Funding Through the Department of Natural Resources Outdoor Recreation Grant Program i. Resolution Approving the Metropolitan Emergency Services Board Opiate Antagonists Subgrant Agreement 7. Presentations/Proclamations/Recognitions/Donations a. Proclamation Declaring April 22-29, 2018, to be the Community Cleanup Week Requested Council Action: —Motion to adopt proclamation. b. Proclamation Declaring April 22, 2018, to be Earth Day in Brooklyn Center Requested Council Action: —Motion to adopt proclamation. CITY COUNCIL AGENDA -3- April 9, 2018 8. Public Hearings a. An Ordinance Amending Chapter 25 of the City Code of Ordinances Relating to the Regulation of Right -Of -Way Management —This item was first read on March 12, 2018; published in the official newspaper on March 22, 2018; and is offered this evening for second reading and Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt Ordinance. 9. Planning Commission Items a. Planning Commission Application No. 2018-003, Submitted by David Pemberton of Sathre-Bergquist, Inc., Requesting Preliminary Plat Approval for Mohs Addition, which would subdivide an existing RI (one Family Residence) District property into two approximately 9,982 -square foot lots —The Planning Commission recommended (unanimous) approval of this Application at its March 29, 2018, meeting. Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2018-003, Submitted by David Pemberton of Sathre-Bergquist, Inc., Requesting Approval of the Preliminary Plat for Mohs Addition (Located at 5006 France Avenue North) Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6 -Month Provisional Rental Licenses 1. 5301 Russell Ave N, Sommerset Place Apartments 2. 6919 France Ave N 3. Resolution Approving a Type IV 6 -Month Provisional Rental License for 904 53rd Ave N 4. Resolution Approving a Type IV 6 -Month Provisional Rental License for 2006 Brookview Dr 5. Resolution Approving a Type IV 6 -Month Provisional Rental License for 5455 Emerson Ave N Requested Council Action: —Mayor poll audience for applicants to address Council. —Receive staff report. —Motion to open hearing. —Receive testimony from applicants. —Motion to close hearing. —Take action on rental license applications and mitigation plans. CITY COUNCIL AGENDA -4- April 9, 2018 b. Master SAC Deferral Agreement 1. Resolution Approving the Payment Deferral Agreement between the City of Brooklyn Center and the Metropolitan Council Requested Council Action: —Motion to adopt resolution. 2. Resolution Approving the Payment Deferral Agreement between the City of Brooklyn Center and Jambo Africa, Inc. Requested Council Action: Motion to adopt resolution. C. Resolution Expressing Support for the Metropolitan Council's D Line Bus Rapid Transit (BRT) Project Requested Council Action: Motion to adopt resolution. 11. Council Report 12. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION April 9, 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. Review Draft Language for a Potential Amendment to the Zoning Code Pertaining to Interim Use Permits 2. Review Potential Policies Pertaining to Affordable Housing and Provide Direction to Staff on How to Proceed PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. City Council Code of Policies (10-9-17 Study Session Discussion Regarding Control of Turkeys and Geese and Including in Section 2.93 Long -Term Deer Population Management Plan) 2. Tobacco Purchase Age 21 (Brooklyn Youth Council) — June 3. Organic Composting and Native Bee Habitat (1-8-18 Study Session Discussion) — April 4. Median Safety Ordinance — April 5. Saturday Market — April 6. Park Dedication Fees — May 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 SESSION MARCH 26, 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 6:05 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence - Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, Communications Coordinator Angel Smith, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Curt Boganey stated there was an addition of The Sanctuary of Brooklyn Center rental license to the licenses in the Consent Agenda. He stated Consent Agenda items 9a and 9b originally only included every other page by accident. He stated he has provided updated and corrected copies of both 9a and 9b for the City Council's review this evening. Mr. Boganey noted if the Councilmembers feel they need more time to review the information due to this error, they could pull the items for the next meeting. Mayor Willson stated he was fine moving forward with the items tonight and the Councilmembers concurred. Councilmember Ryan stated he wasn't present for the service line discussion from the previous meeting, which is on the Agenda tonight as Item 6f. He noted he is in agreeance with the decision the City Council made in his absence and is wondering if the Councilmembers would be interested in looking into purchasing service line insurance at a later time. He noted it is designed to address issues such as those noted in Agenda item 6f. There was a consensus of the City Council to add that topic to a future Work Session. MISCELLANEOUS Sterling Square Apartments and Humboldt Square Councilmember Butler thanked Mr. Boganey for all the work he and staff did to address 03/26/18 -1- DRAFT concerns presented regarding the Sterling Square apartments. She noted there have been some concerns with Humboldt Square as well regarding some slips due to ice not being removed and garbage presenting since the snow has melted. Discuss Email Regarding_ Birds Catchingin n Topgolf Net Councilmember Ryan discussed this item and provided everyone with a copy of the email he received. Mayor Willson stated he also received an email regarding the same item today. Mayor Willson stated they are not sure if this is a concern only or if this is an issue and has occurred. Mr. Boganey stated Community Development Director Meg Beekman has been working on this item and invited her to give an update. Ms. Beekman stated there have been 2 instances found during their research across the United States in which a bird has been caught in a net. She stated Topgolf has looked into mitigation devices to prevent this from happening but she is not sure which, if any, Topgolf has looked at or is willing to use. Topgolf has stated they have reached out to their national office and to Judge Netting, the contractor of the netting. Ms. Beekman stated it is being looked into and they expect a response soon. Mayor Willson asked if Mr. Boganey could please respond to both concerned citizen emails. Mr. Boganey stated he will respond to the emails and let them know more information is to come. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS OFF-SITE STORAGE OF VEHICLES Ms. Beekman introduced and provided background on the item. She stated Luther Auto has reached out needing immediate help for a place to store vehicles. She stated Luther Auto has approached the City about using some EDA owned properties with the first one they asked about being the Earle Brown overflow lot, she noted the City didn't want to do that. The second option is a large EDA owned parking lot which to use, they would need to amend the zoning code, through the interim use ordinance. She stated they would amend the ordinance to allow them to enter into an agreement with the City or another property owner if Luther Auto wanted to look at other sites. Ms. Beekman explained the City Council could allow the interim use permit to be as long or short as they would like. Mr. Boganey stated they would at this time create the ordinance and then draft it and send it back to the City Council for their approval before it would go to the Planning Commission for their approval. Mayor Willson stated he isn't opposed to using the site proposed near the FBI building. Councilmember Ryan concurred with Mayor Willson and asked City Attorney Gilchrist if the amendment could be written very narrowly so other businesses can't use it as precedence. Attorney Gilchrist stated that is correct and it could also include the term "New Cars" so there wouldn't be a concern about used cars being left there. . 03/26/18 -2- DRAFT Councilmember Butler asked what benefit the City would get from letting Luther Auto use some of the EDA owned properties. Mr. Boganey stated it benefits the City because they have an expanding new business seeking a temporary fix while the business seeks a permanent solution. Councilmember Graves asked if the City will get revenue to let them use the lot. Ms. Beekman stated yes, the City can charge for use of the lots. Councilmember Graves also asked if Luther Auto will have some sort of security on the site. Attorney Gilchrist stated the request for security can be put in the ordinance itself along with any other conditions the City would want them to comply with. Councilmember Butler asked if a representative from the dealership could be present at the next meeting so they can ask questions at that time and better understand the use they are looking for. Mr. Boganey stated they will ask them to attend a meeting for discussion. It was the majority consensus of the City Council to have staff move forward with getting information together on this item. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lawrence -Anderson moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 03/26/18 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 26, 2018 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITII CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence - Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, Communications Coordinator Angel Smith, 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. Jeremy Krulikowski, Brooklyn Center, addressed the City Council regarding back yard poultry. He provided some background on this item and stated he knows the laws but would like to see if the City Council is open to reviewing this item further. Mayor Willson asked Mr. Krulikowski if he had reviewed the previous documents and minutes on this item from when it was presented a few years ago. Mayor Willson suggested Mr. Krulikowski and the new Councilmembers review that information for discussion at a future Work Session. Mr. Boganey stated he will contact Mr. Krulikowski about this item. Scott Cooper, 61St Avenue N., addressed the City Council. He stated he works around the Twin Cities and is in favor of backyard chickens. He stated in his work he has seen a lot of clean coops and noted it's a nice way to bring communities together. Sara Capers, Brooklyn Center, addressed the City Council. She stated she is here to give her opinion on this issue of backyard chickens as well and noted as a bee keeper and urban gardener, she shows her kids where their food and stuff comes from. She stated it's a good way of taking care of our earth. 03/26/18 -1- DRAFT Jeremy Krulikowski addressed the City Council again and stated he has met more neighbors while gardening and as a result of having chickens, noting it has brought forward great experiences. He stated it also gives meaningful purpose and responsibility to young kids. Councilmember Ryan moved and Councilmember Graves seconded to close the Informal Open Forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan read a piece from Hubert H. Humphrey as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence - Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Public Works Doran Cote, Deputy Director of Public Works Mike Marsh, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, Communications Coordinator Angel Smith, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Lawrence -Anderson seconded to approve the Agenda and Consent Agenda as amended, and the following consent items were approved 6a. APPROVAL OF MINUTES 1. March 12, 2018 — Study/Work Session 2. March 12, 2018 — Regular Session 6b. LICENSES LIQUOR- ON -SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIQUOR Bryant Wings LLC 03/26/18 -2- DRAFT dba Wingstop 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 1180 Shingle Creek Crossing, Suite G112 206 Jefferson Ave N, Watertown 3600 72nd Ave N, Brooklyn Center 8282 Arthur St NE, Spring Lake Park 1711 Highway 36, St. Paul 2713 91 st Crescent, Brooklyn Park TRANSIENT ACCOMMODATIONS - LEVEL I Super 8 Motel 6445 James Cir N RENTAL INITIAL (TYPE II — three-year license) The Sanctuary of Brooklyn Center 6121 Brooklyn Boulevard 5306 Penn Avenue N RENEWAL (TYPE III — one-year license) 2023 Brookview Drive 5200 Drew Avenue N 7224 Logan Avenue N 5406 Sailor Lane RENEWAL (TYPE II — two-year license) Gateway Commons 2802 Northway Drive 6106 Aldrich Avenue N 7207 Willow Lane N 6006 Zenith Ave N Sylvia McGee Sergey Fooks RHA 3, LLC Morris Matthews (Missing 2 ARM Meetings) Douglas Schmertman (Missing Cpted) James Waters Gary Brummer Main Street Renewal LLC Arl Woods Keith McConnell RENEWAL (TYPE I — three-year license) 2401-03 54th Avenue N Karboy Properties LLC 1600 69th Avenue N Vo Hieu 7215 Girard Avenue N 7100 Indiana Avenue N 5530 James Avenue N 6018 Kyle Avenue N 5300 Logan Avenue N Rebecca Thomley John Wright Ross Herman Danny Vo Benjamin Antony 03/26/18 -3- DRAFT 6c. RESOLUTION NO. 2018-53 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS 6d. RESOLUTION NO. 2018-54 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED WEED REMOVAL COSTS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS 6e. MEETING SCHEDULE FOR 2019-2020 BUDGET 6f. RESOLUTION NO. 2018-55 ADOPTING EMERGENCY PRIVATE UTILITY REPAIR ASSESSMENT POLICY 6g. RESOLUTION NO. 2018-56 ESTABLISHING IMPROVEMENT PROJECT NO. 2018-08, BELLVUE AREA MILL AND OVERLAY 6h. RESOLUTION NO. 2018-57 ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT PROJECT NO. 2018-13 STREET SEAL COATING 6i. RESOLUTION NO. 2018-58 AUTHORIZING EXECUTION OF A SMALL WIRELESS FACILITY COLLOCATION AGREEMENT WITH ZAYO GROUP, LLC 6j. RESOLUTION NO. 2018-59 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2016-19, SANITARY SEWER LINING, MISSISSIPPI RIVER TRUNK LINE Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PRESENTATION BY HENNEPIN COUNTY SHERIFF RICHARD W. STANEK Sheriff Stanek provided a presentation on the Hennepin County Sheriff's Office. Councilmember Graves asked how the Sheriff's Office is working with the immigrant community and asked if there was any discussion on reform for the money bail system and wealth -based incarceration rates. Sheriff Stanek addressed the 2nd part of the question and explained how the bail system process works, noting that Hennepin County Courts set the bail schedule and there is not much leeway with that. With regard to the immigrant community, he said there is no purview in immigration, but the Department of Homeland Security may want to step in and ask questions. 03/26/18 4- DRAFT Mayor Willson stated he is very pleased with all the work Sheriff Stanek has done over his 12 years in office and commended him on the great job especially on the opioid crisis. Sheriff Stanek stated any councilmembers, specifically Councilmember Graves, is welcome to take a tour and see the process within their department anytime. He also noted Chief Gannon has done an amazing job. Councilmember Ryan moved and Councilmember Butler seconded to accept the presentation by Hennepin County Sheriff Richard W. Stanek. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. RESOLUTION NO. 2018-60 CERTIFYING SPECIAL ASSESSMENTS FOR UTILITY REPAIRS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS City Finance Director Nate Reinhardt introduced the item, discussed the history, and stated the purpose of the proposed Resolution. He reviewed the two properties presented with appeals. Mr. Reinhardt stated for 6006 Camden Avenue N., they are recommending the special assessment in the amount of $4,551.00 be approved based on their findings. Mr. Reinhardt stated for property located at 3815 Burquest Lane, it is proposed they reduce the amount assessed by $4,950.00 based on their findings. Councilmember Graves moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. Mofoba Kanneh, 3815 Burquest Lane, addressed the City Council. He stated he is waiting to pay the second part of the fees owed and thanked the City Council and staff for their help. Councilmember Graves moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2018-60 Certifying' Special Assessments for Utility Repairs to the Hennepin County Property Tax Rolls. Motion passed unanimously. 8b. RESOLUTION NO. 2018-61 AUTHORIZING THE ASSIGNMENT AND ASSUMPTION OF OBLIGATIONS UNDER A CONDUIT REVENUE BOND BY NOBLE ACADEMY DBA NOMPENG ACADEMY PROJECT AND APPROVING RELATED DOCUMENTS 03/26/18 -5- DRAFT Academy Superintendent Nao Tao addressed the City Council and stated they have 1,000 students in Brooklyn Park and several on the waiting list currently. He stated they would like to be available for the students who want to attend their school, which is why they are opening this second site. Councilmember Ryan moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves moved and Councilmember Lawrence -Anderson seconded to adopt RESOLUTION NO. 2018-61 Authorizing the Assignment and Assumption of Obligations under a Conduit Revenue Bond by Noble Academy DBA Nompeng Academy Project and Approving Related Documents. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2018-001, SUBMITTED BY GREG HAYES (EBERT CONSTRUCTION). REQUEST FOR APPROVAL OF: (1) THE PRELIMINARY PLAT FOR NORTHBROOK CENTER 3" ADDITION, (2) ESTABLISHMENT OF A NEW PLANNED UNIT, (3) SITE AND BUIILDING PLAN APPROVAL FOR A FOUR STORY, 1129000 -SQUARE FOOT INDOOR COMMERCIAL STORAGE BUILDING (LOCATED AT 1950 57' AVENUE NORTH) Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2018-001 and advised the Planning Commission recommended approval of the application at its March 15, 2018, meeting. In response to Councilmember Graves' questions, Mr. Hayes stated there will be two staff on hand, they have cameras, and there will be a two -card authentication system for security. Mr. Boganey asked what their schedule will be. Mr. Hayes stated they will be back in April for a final approval and hope to have a shovel in the ground by July. 9a1. RESOLUTION NO. 2018-62 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018- 001, SUBMITTED BY GREG HAYES OF EBERT CONSTRUCTION, 03/26/18 -6- DRAFT REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF NORTHBROOK CENTER 3RD ADDITION (LOCATED AT 1950 57TH AVENUE NORTH) Councilmember Ryan moved and Councilmember Lawrence -Anderson seconded to adopt RESOLUTION NO. 2018-62, 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). Motion passed unanimously. 9a2. RESOLUTION NO. 2018-63 REGARDING THE DISPOSITION OF PLANNING COMMISION 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 COMMERICAL STORAGE BUILDING (LOCATED AT 1950 57TH AVENUE NORTH) Councilmember Ryan moved and Councilmember Lawrence -Anderson seconded to adopt RESOLUTION NO. 2018-63, 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) and Development Site Plan for an Indoor Commercial Storage Building (Located at 1950 57th Avenue North). Motion passed unanimously. 9b. 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) Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2018-002 and advised the Planning Commission recommended approval of the application at its March 15, 2018, meeting. Councilmember Lawrence -Anderson asked what type of events they will hold. Ms. McIntosh stated they will mainly cater to weddings but will do some other events at times. Councilmember Ryan asked if the restaurant will be open for public use. Ms. McIntosh stated the restaurant will be open to the public, not just for events being held at the venue. Councilmember Ryan stated he is happy to hear that. 03/26/18 -7- DRAFT 9b1. RESOLUTION NO. 2018-64 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) Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2018-64, 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). Motion passed unanimously. 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. 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 10al through 10al4. 10a1. RESOLUTION NO. 2018-73 APPROVING A TYPE IV RENTAL LICENSE FOR 1325 681'' LANE NORTH 10a2. 2932 69TH LANE NORTH 100. 6613 CAMDEN DRIVE 10a4. 7200 DALLAS ROAD 10a5. 2406 ERCON DRIVE 10a6. 5819 KNOX AVENUE NORTH 100. 7025 NEWTON AVENUE NORTH 10a8. 6830 SCOTT AVENUE NORTH 100. RESOLUTION NO. 2018-65 APPROVING A TYPE IV RENTAL LICENSE FOR 5325 70TH CIRCLE 10a10. RESOLUTION NO. 2018-66 APPROVING A TYPE IV RENTAL LICENSE FOR 6501 BROOKLYN DRIVE 10a11. RESOLUTION NO. 2018-67 APPROVING A TYPE IV RENTAL LICENSE FOR 5415 EMERSON AVENUE NORTH 10a12. RESOLUTION NO. 2018-68 APPROVING A TYPE IV RENTAL LICENSE FOR 6342 ORCHARD AVENUE NORTH 03/26/18 -8- DRAFT 10a13. RESOLUTION NO. 2018-69 APPROVING A TYPE IV RENTAL LICENSE FOR 6900 REGENT AVENUE NORTH 10a14. RESOLUTION NO. 2018-70 APPROVING A TYPE IV RENTAL LICENSE FOR 4718 TWIN LAKE AVENUE Councilmember Lawrence -Anderson moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: adopt RESOLUTION NO. 2018-73 Approving a Type IV Rental License for 1325 68th Lane N; 2932 69th Lane North; 6613 Camden Drive; 7200 Dallas Road; 2406 Ericon Drive; 5819 Knox Avenue North; 7025 Newton Avenue North; 6830 Scott Avenue North; and adopt RESOLUTION NO. 2018-65 Approving a Type IV Rental License for 5325 70th Circle; RESOLUTION NO. 2018-66 Approving a Type IV Rental License for 6501 Brooklyn Drive; RESOLUTION NO. 2018-67 Approving a Type IV Rental License for 5415 Emerson Avenue North; RESOLUTION NO. 2018-68 Approving a Type IV Rental License for 6342 Orchard Avenue North; RESOLUTION NO. 2018-69 Approving a Type IV Rental License for 6900 Regent Avenue North; and, RESOLUTION NO. 2018-70 Approving a Type IV Rental License for 4718 Twin Lake Avenue, 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. 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 Ms. Beekman introduced and provided an overview on this item. Mayor Willson stated this will be the fourth Comprehensive Plan he has worked on and he is very interested to see what they are planning for the City. Councilmember Graves asked who Swanson Haskamp Consulting are and if they are a well- known company. Ms. Beekman stated they are a newer company but doing Comprehensive Plans for a few other cities as well. 10bl. RESOLUTION NO. 2018-71 APPROVING A MASTER SERVICE AGREEMENT WITH SWANSON HASKAMP CONSULTING, LLC FOR PROFESSIONAL SERVICES TO COMPLETE THE 2040 COMPREHENSIVE PLAN Councilmember Butler moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2018-71, Approving a Master Service Agreement with Swanson Haskamp Consulting, LLC for Professional Services to Complete the 2040 Comprehensive Plan Motion passed unanimously. 03/26/18 -9- DRAFT 102. RESOLUTION NO. 2018-72 REQUESTING ADDITIONAL TIME WITHIN WHICH TO COMPLETE COMPREHENSIVE PLAN REVIEW OBLIGATIONS Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2018-72, Approving Request for Additional Time Within Which to Complete Comprehensive Plan Review Obligations. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • February 28, 2018: Youth Avenues for Homeless • March 2, 2018: YIPA Event • March 5, 2018: Light Rail Advocacy Group • March 7, 2018: North Metro Day at the Capital • March 8, 2018: Grand Opening of The Sanctuary • March 9-14, 2018: MN League of Cities Congressional City Conference • March 20, 2018: C -Line Ground Breaking Ceremony • March 21-22, 2018: League of MN Cities Legislation Conference • March 24, 2018: Cub Foods Drive for CEAP with Brooklyn Center Lions • March 26, 2018: Work Session with Congressman Keith Ellison Councilmember Lawrence -Anderson reported on her attendance at the following and provided information on the following upcoming events: • March 21, 2018: Crime Prevention Meeting Councilmember Lawrence -Anderson noted the next Crime Prevention meeting will be held prior to Police Awards Ceremony on April 17, 2018 at the Brooklyn Center Community Center. On April 27, 2018 Brooklyn Center High School will hold their Health Fair Event and May 22, 2018 from 9am — 3pm the Senior Safety Seminar will be held at the Community Center. Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • March 13, 2018: Spoke at Career Day at Longfellow High School for Teen Mothers • March 13, 2018: Hope Healing Circles for Domestic Violence • March 17, 2018: Coming to the Table Meeting • March 17, 2018: Hennepin County Juvenile Detention Collaborative • March 20, 2018: Trained on iPad Device March 20, 2018: Community Activity Parks and Recreation Meeting March 22-25, 2018: Young Electives Conference in New Orleans March 26, 2018: Work Session with Congressman Keith Ellison 03/26/18 -10- DRAFT Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: ® March 20,2018: Housing Commission • March 21 and 23, 2018: Brooklyn Center Basketball Games • March 26, 2018: Work Session with Congressman Keith Ellison ® March 27, 2018: MAC Meeting and iPad Training Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: ® March 16, 2018: iPad Training • March 16, 2018: Taping of Mayor's Minute ® March 20, 2018: Interview/Show with Northwest Politics ® March 20, 2018: CDBG Review in Hennepin County ® March 26, 2018: Work Session with Congressman Keith Ellison ® March 27-28, 2018: Constitutes Meetings ® March 30, 2018: Vue Nation Gala Hmong Celebration ® April 2,2018: Blueline Now Meeting Mayor Willson reminded Councilmembers that the all Commissions meeting is on April 4, 2018, at the Community Center. 12. ADJOURNMENT Councilmember Lawrence -Anderson and Councilmember Graves seconded adjournment of the City Council meeting at 8:39 p.m. Motion passed unanimously. 03/26/18 -11- DRAFT City Conncil Agenda Item No. 6b DATE: April 2, 2018 TO: Curt Boganey, City Manqk� THROUGH: Reggie Edwards, Deputy City Manager FROM: Rozlyn Tousignant, Deputy City Clery�A SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on April 9, 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. MECHANICAL B&D Plumbing, Heating & A/C Blue Ox Heating & Air LLC Chesney Mechanical Corporate Mechanical Deans Tank, Inc. Elk River Heating & Air Conditioning Inc GV Heating & Air INC Heating & Cooling Two Inc Home Energy Center Horwitz Inc. Jayhawk Mechanical Kraft Mechanical Minnesota Petroleum Service Neighborhood Plumbing & Heating Sabre Plumbing, Heating & A/C Schadegg Mechanical Standard Heating & A/C RENTAL See attached report. SIGN HANGER Vasseur Design 4145 MacKenzie Court, St. Michael, MN 55376 5720 International Pkwy, New Hope, MN 55428 4118 Shoreline Drive, Robbinsdale, MN 55422 5114 Hillsboro Ave N, New Hope, MN 55428 PO Box 22515, Robbinsdale, MN 55422 19567 Twin Lakes Rd NW, Elk River, MN 55330 5182 West Broadway, Crystal, MN 55429 18550 County Rd 81, Maple Grove, MN 55369 2415 Annapolis Lane, N., Ste #170, Plymouth, MN 55441 7400 49th Ave N, New Hope, MN 55428 3307 N 2nd Street, Minneapolis, MN 55412 2441 Ventura Drive, Suite 100, Woodbury, MN 55125 682 39th Ave NE, Minneapolis, MN 55421 130 Broadway Ave N, Foley, MN 56329 15535 Medina Rd, Plymouth, MN 55447 225 Bridgepoint Dr, So St. Paul, MN 55075 130 Plymouth Ave N, Minneapolis, MN 55411 4337 Welcome Ave N, Minneapolis, MN 55422 Our Vision: We envision Brooklyn Center as a thriving, diverse community with a fill] 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 Rental License Category Criteria Policy — Adopted by City Council 03-08-10 Budget Issues: There are no budget issues to consider. Our Vision: Yl'e 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 Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** Unpaid Utilities Unpaid Taxes 5301 Dupont Ave N 1 Bldg 6 Units Renewal Minnesota Apartments LLC 13 (2.2/Unit)II 2 II III OK OK 5256 Twin Lake Blvd E Two Family (1)Renewal Brian Somkhan 1 (1/Unit)I 0 I II OK OK 4309 63rd Ave N Single Family Renewal Nathan Erickson/Azingo LLC 1 I 0 I IV OK OK 2801 66th Ave N Single Family Renewal Prosperous Property LLC 0 I 0 I I OK OK 5323 Brooklyn Blvd Single Family Renewal MSP Home Rental 2 II 0 II IV OK OK 5331 Camden Ave N Single Family Renewal Ross Herman 1 I 0 I IV OK OK 6638 Camden Dr Single Family Renewal Gal Peremislov 1 I 0 I II OK OK 5821 Ewing Ave N Single Family Renewal Invitation Homes 5 III 0 III II OK OK 5300 France Ave N Single Family Renewal Invitation Homes 6 III 0 III II OK OK 6300 France Ave N Single Family Renewal Wade Klick 8 III 0 III IV OK OK 7018 France Ave N Single Family Renewal Crystal Brummer 7 III 0 III IV OK OK 5419 Humboldt Ave N Single Family Renewal Cecilia Pineda 3 II 0 II III OK OK 6769 Humboldt Ave N Single Family Renewal Li-Chwen Su 0 I 0 I III OK OK 7124 Indiana Ave N Single Family Renewal Weyu Ademo Bekuto 3 II 0 II I OK OK 6342 June Ave N Single Family Renewal Dave Swartout 3 II 0 II II OK OK 5332 Morgan Ave N Single Family Renewal James Waters 2 II 0 II II OK OK 6906 Newton Ave N Single Family Renewal Eric A Syrstad 2 II 0 II III OK OK 7085 Unity Ave N Single Family Renewal Swendia, LLC 3 II 0 II III OK OK 5931 Zenith Ave N Single Family Renewal Invitation Homes 5 III 0 III II OK OK * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued Type I = 3 Year Type II = 2 Year Type III = 1 Year *** Initial licenses will not show a previous license type All properties are current on City utilities and property taxes Rental Licenses for Council Approval on April 9, 2018 City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM DATE: April 3, 2018 TO: Curt Boganey, City Mana THROUGH:o �an M. Cate, P.E., Director of Public Works FROM: Mike Albers, P.E., City Engineer SUBJECT: Resolution Approving and Authorizing Execution of Cooperative Agreement for Cost Participation with Hennepin County and Brooklyn Park for Trunk Highway 252/I-94 Environmental Review Recommendation: It is recommended that the City Council consider approval of the attached resolution approving and authorizing the execution of a Cooperative Agreement for Cost Participation with Hennepin County and Brooklyn Park for Trunk Highway (TH) 252/1-94 Environmental Review. Background: In January 2017, Hennepin County initiated a TH 252 Freeway Conversion Study in partnership with the Minnesota Department of Transportation (MnDOT), the cities of Brooklyn Center and Brooklyn Park and Metro Transit for development of a concept for the conversion of TH 252 between 66th Avenue in Brooklyn. Center to TH 610 in Brooklyn Park from a four/six lane expressway to a four or six lane freeway. The study will develop and review various access layouts to improve safety and mobility along TH 252 between Highway 610 and I-694. Additional goals of the project include providing community connectivity, pedestrian accommodations, access to transit services and maintaining existing infrastructure investments. In October 2017, MnDOT in cooperation with the Metropolitan Council, was in the process of completing their MnPASS System Study Phase 3. This document is used to identify future MnPASS corridors to be incorporated in the next round of the Transportation Policy Plan update. As a result of this process, TH 252 and 1-94 from TH 252 to downtown Minneapolis were identified as a strong candidate for a future MnPASS corridor based on congestion relief benefits and costs as well as other considerations. The Technical Advisory Committee (TAC) for TH 252 Freeway Conversion Study discussed the potential for the TH 252 freeway conversion to include MnPASS lanes. The MnPASS lane concept could be implemented along TH 252 and along I-94 from TH 610 to Dowling Avenue. At the January 8, 2018, City Council Work Session, the City Council was provided with an update of the TH 252 freeway conversion project. The update included the current status of the project, a presentation on MnPASS, possible phasing and a project funding summary. The City Council was also presented a summary of the required National Environmental Policy Act (NEPA) environmental review process for the project and possible Environmental Assessment (EA) cost sharing scenarios as outlined below: Our Vision: YVe envision Brooklyn Center as a thriving, diverse coinnnnity 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 Total estimated cost of EA is $3.9 million — Brooklyn Center —10 percent ($375,000) — Brooklyn Park— 14 percent ($562,500) — Hennepin County— 25 percent ($967,500) — MnDOT— 51 percent ($1,195,000) As provided in the attached Cooperative Agreement for Cost Participation, the EA would provide frill environmental clearance for the interchange at TH 252 and 66th Avenue and the pedestrian bridge at 70th Avenue. Budget Issues: The final cost participation for the environmental review outlined in the Cooperative Agreement for Cost Participation is as follows: Total estimated cost of EA is $3.96 million — Brooklyn Center — 9.1percent ($360,000) — Brooklyn Park —13.6 percent ($540,000) — Hennepin County — 28.3 percent ($1,120,000) — MnDOT — 49 percent ($1,940,000) The City has budgeted approximately $5.5 million in the Capital Improvements Plan (CIP) for its local share of project costs related to the interchange at 66t Avenue, closing 70th Avenue and a pedestrian bridge at 70th Avenue. Funding for the 66th Avenue Interchange project, including the EA, is programmed under the City's CIP Fund. Strategic Priorities: ® Key Transportation Investments Our Kision Tf,'e envision Brooklyn Center as a thriving, diverse communio) with a fall 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 eqjoy due to its convenient location and commitment to a healthv environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT FOR COST PARTICIPATION WITH HENNEPIN COUNTY AND BROOKLYN PARK FOR TRUNK HIGHWAY 252/I-94 ENVIRONMENTAL REVIEW WHEREAS, there are currently significant safety and congestion problems along Trunk Highway (TH) 252 within the Cities of Brooklyn Center and Brooklyn Park; and WHEREAS, in March, 2016, the City of Brooklyn Center adopted the Brooklyn Center TH 252 Corridor Study which contemplated converting TH 252 to a freeway from TH 610 to I -694/I-94; and WHEREAS, in January 2017, Hennepin County initiated a TH 252 Freeway Conversion Study with the City of Brooklyn Center, City of Brooklyn Park, Minnesota Department of Transportation (MnDOT) and other agencies to study and resolve these problems on TH 252 from 66th Avenue to TH 610; and WHEREAS, in October 2017, MnDOT in cooperation with the Metropolitan Council, completed their MnPASS System Study Phase 3 which identified TH 252 and I-94 from TH 252 to downtown Minneapolis as a strong candidate for a future MnPASS corridor; and WHEREAS, the environmental review contemplated in the Cooperative Agreement for Cost Participation will provide full environmental clearance for the interchange at TH 252 and 66th Avenue and pedestrian bridge at 70th Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: ATTEST: 1. The Cooperative Agreement for Cost Participation with Hennepin County and Brooklyn Park is hereby approved. The Mayor and City Manager are hereby authorized to execute said agreement. April 9, 2018 Date Mayor 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. Agreement No. PW 12-02-18 County Project No. 1556 Trunk Highway 252 — Interstate 94 City of Brooklyn Center City of Brooklyn Park County of Hennepin THIS AGREEMENT, made and entered into this day of '2018 by and among the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Brooklyn Center, a municipal corporation under the laws of the State of Minnesota and the City of Brooklyn Park, a municipal corporation under the laws of the State of Minnesota, hereinafter collectively referred to as the "Cities". WITNESSETH: WHEREAS, the County is developing a project that includes planning and concept development for the Trunk Highway (TH) 252 corridor from Interstate 694/94 to TH 610 in the cities of Brooklyn Center and Brooklyn Park under County Project No. 1556 (State Project No. 2748-65; State Project No. 2781-502), hereinafter referred to as the "Project'; and WHEREAS, the Project envisions development of a concept for the conversion of TH 252 from a four/six lane expressway to a four or six lane freeway; and WHEREAS, the Federal Highway Administration and Minnesota Department of Transportation has directed the County to expand the corridor limits to include Trunk Highway 252 and Interstate 94 from downtown Minneapolis to Trunk Highway 610, hereinafter referred to as the "Expanded Project' and WHEREAS, the Expanded Project includes the environmental documentation and review process; and WHEREAS, the County is the lead agency for the Expanded Project and has entered into an agreement with SRF Consulting Group, Inc. to provide traffic forecasts, conduct traffic analyses, develop detailed conceptual layouts, environmental review and public engagement in order to arrive at a single corridor vision and layout that is supported by the corridor stakeholders. The scope of work includes data collection, alternatives analysis, traffic analysis, preliminary design, implementation plan and extensive public outreach; and WHEREAS, the County will enter into an amendment to its existing agreement with SRF Consulting Group, Inc. to continue the process of evaluating the conversion concept and additional -1- VO-- Agreement No. PW 12-02-18 C.P. 1556 scope added to the Expanded Project to perform environmental documentation and obtain environmental clearance of the Expanded Project; and WHEREAS, the City of Brooklyn Center anticipates full environmental clearance for their programmed project for an interchange at 66th Avenue and pedestrian bridge at 70th Avenue with the environmental documentation for the Expanded Project; and WHEREAS, the Cities will participate in the costs incurred by the County to provide environmental documentation and environmental clearance for the Expanded Project as detailed herein; and WHEREAS, cost participation in the construction of the Expanded Project as well as ownership and maintenance of the improvements constructed under the Project will be established in future cooperative agreements between the State of Minnesota, Cities and the County; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Minnesota Statues, Section 471.59. NOW THEREFORE, IT IS HERESY AGREED: The Cities will participate in the costs for environmental documentation and clearance for the conversion of TH 252 from a four/six lane expressway to a four or six lane freeway. As referenced previously, the County has entered into an agreement and subsequent amendment with SRF Consulting Group, Inc. to provide concept development and enviroimlental documentation for the TH 252 corridor at a County cost not to exceed $3,960,000.00. Funding for work to be provided by SRF Consulting Group will be a collaborative effort among the corridor stakeholders as shown below: Study and Environmental Cost Sharing Brooklyn Center $360,000 9.1% Brooklyn Park $540,000 13.6% MnDOT $1,940,000 49.0% Hennepin County $1,120,000 28.3% $3,960,000 100.0% The City of Brooklyn Center shall reimburse the County for nine point one percent (9.1%) of the costs incurred by the County for the work provided by SRF Consulting Group as provided herein. It is understood and agreed that the City of Brooklyn Center's total cost participation shall not exceed $360,000.00 without an amendment to this Agreement. Similarly, the City of Brooklyn Park shall reimburse the County for thirteen point six percent (13.6%) of the costs incurred by the County for the - 2 - 1NL Agreement No. PW 12-02-18 C.P. 1556 work provided by SRF Consulting Group. It is further understood and agreed that the City of Brooklyn Park's total cost participation shall not exceed $540,000.00 without an amendment to this Agreement. Upon execution of this Agreement, the County will submit periodic invoices to the Cities for their respective shares of the costs for the work provided by SRF Consulting Group. The Cities shall within forty five (45) days of said invoices, deposit with the County funds totaling the amount of the invoices. If either of the Cities have a question regarding any portion of an invoice it receives, the remainder of the invoice shall be promptly paid and include a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. II All records kept by the Cities and the County with respect to the Expanded Project shall be subject to examination by the representatives of each party hereto and by the State Auditor or the Legislative Auditor as provided in Minnesota Statutes, section 16C.05, subdivision 5. III Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of any other party and the results thereof. The County's and the Cities' liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the Cities each warrant that they are able to comply with the indemnity requirements in Article IV below through an insurance or self-insurance program. IV The Cities agree to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the Cities, their contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for related to the design, construction, ownership, maintenance, existence, restoration, repair or replacement of the improvements constructed as part of the Expanded Project. The Cities' liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The County agrees to defend, indemnify and hold harmless the Cities, their officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for related to the design, construction, ownership, maintenance, existence, restoration, repair or replacement of the improvements constructed 3 WL f Agreement No. PW 12-02-18 C.P. 1556 as part of the Expanded Project. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. V It is agreed that any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be. considered employees of the Cities, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the Cities. VI In order to coordinate the services of the County with the activities of the Cities so as to accomplish the purposes of this Agreement, Mr. John Doan, Administrative Engineer or designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the Cities. In order to coordinate the services of the Cities with the activities of the County so as to accomplish the purposes of this Agreement, the respective City Engineers for the Cities or designated representatives shall manage this Agreement on behalf of the Cities and serve as liaison between the Cities and the County. VII It is understood and agreed that the entire agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. This Agreement is solely for the benefit of the parties. This Agreement shall not create or establish any rights in or for the benefit of any third party. , Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. VIII The whereas clauses are incorporated herein and are hereby made apart of this Agreement. -4- 0- Agreement No. PW 12-02-18 C.P. 1556 IX The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. (this space left intentionally blank) 5 \J/L. Agreement No. PW 12-02-18 C.P. 1556 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. (Seal) (Seal) CITY OF BROOKLYN CENTER By: Mayor Date: And: Manager Date: CITY OF BROOKLYN PARK By: Mayor And: Manager Date: M Agreement No. PW 12-42-18 C.P. 1556 COUNTY OF HENNEPIN ATTEST: By: Deputy/Clerk of the County Board Date: By:A4-a- ] As nt County Attorney Date: e�x un / f APPROVED AS TO EXECUTION: By: Assistant County Attorney Date: By: Chair of its County Board Date: And: County Administrator Dater And: Assistant County Administrator, Public Works RECOMMENDED FOR APPROVAL By: Director, Transportation Project Delivery Department Date: -7- WL City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM DATE: April 3, 2018 TO: Curt 134;e y, City Manager THROUGH: W -an M. Cote, P.E., Director of Public Works FROM: Mike Albers, P.E., City Engineer SUBJECT: Joint Powers Agreements for the Brooklyn Boulevard Corridor Project Phase 1: Resolution Approving and Authorizing Execution of a Joint Powers Agreement with the City of Minneapolis for the Reconstruction of Brooklyn Boulevard (CSAH 152) from South of 491h Avenue to North of Bass Lake Road (CSAH 10), Improvement Project No 2018-05 Resolution Approving and Authorizing Execution of a Joint Powers Agreement with Three Rivers Park District for the Reconstruction of Brooklyn Boulevard (CSAH 152) from South of 491h Avenue to North of Bass Lake Road (CSAH 10), Improvement Project No 2018-05 Recommendation: It is recommended that the City Council consider approval of the attached resolutions approving and authorizing execution of a Joint Powers Agreement with the City of Minneapolis and a Joint Powers Agreement with Three Rivers Park District for the Reconstruction of Brooklyn Boulevard (CSAH 152) from south of 49th Avenue to north of Bass Lake Road (CSAH 10), Improvement Project No 2018-05. Background: The City completed the Brooklyn Boulevard Corridor Study in 2013 to guide the reconstruction and redevelopment of this corridor. On May 9, 2016, the City Council directed staff to proceed with the preliminary design, environmental documentation, easement acquisition and final design work for the Brooklyn Boulevard Corridor Project Phase 1 (49th Avenue to Bass Lake Road), Project No. 2018-05. This project is scheduled to be constructed in 2018. The proposed reconstruction and streetscape improvements will improve roadway safety, enhance traffic operations, reduce access points and provide improved bicycle and pedestrian facilities for a 1.4 -mile segment of CSAH 152 in Brooklyn Center between 49th Avenue and CSAH 10. The project will enhance bicycle and pedestrian travel by adding a trail, improving sidewalks, transit stops, adding streetscaping and landscaping and improving the functionality of intersections with modified turn lanes. A portion of the project is located within the corporate boundaries of Minneapolis and a portion of the project is located within the corporate boundaries of Brooklyn Center. The Minneapolis portion of the project includes curb, gutter, sidewalk, driveway and pavement removal, grading, paving, striping, sidewalk, pedestrian ramp, water manhole reconstruction and storm sewer Our Vision: Me envision Brooklyn Center as a thriving, diverse communio, 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 construction and restoration near the intersection of Brooklyn Boulevard and 49th Avenue as well as the replacement of the traffic signal at said intersection. The Three Rivers Park District portion of the project includes pavement removal, grading, trail paving, sidewalk, pedestrian ramp and restoration on the west side of Brooklyn Boulevard from north of TH 100 to 55th Avenue. Budget Issues: The Brooklyn Boulevard Corridor Project is identified in the City's Capital Improvement Program (CIP) and the updated preliminary project cost estimate is approximately $15,000,000. Federal funding through the Surface Transportation Program has been awarded to the City and County for this project in the amount of $7,420,000 and the remaining project costs are to be funded from local funding as part of the required cost share. The local partnership and proportions are anticipated to include Hennepin County funding, Metro Transit funding, Minneapolis funding, Three Rivers Park District funding and City funding. As part of the Joint Powers Agreement, Minneapolis shall be responsible for project costs based on the contract price of the actual construction quantities of the Minneapolis portion of the project occurring within its corporate boundaries. Minneapolis will also pay an additional 18 percent of its quantity price to pay its portion of the engineering and administrative costs for the project. The Minneapolis share of project costs is estimated at and shall not to exceed $110,000, unless agreed to in writing by Minneapolis. As part of the Joint Powers Agreement, Three Rivers Park District is responsible for its share of the project based on the contract price of the actual construction quantity of items attributable to its portion of the project. Three Rivers share of project costs is estimated at and shall not to exceed $10,000. Cooperative Construction Agreements are currently being reviewed by Hennepin County and Metro Transit and are anticipated to be completed in the near future. Strategic Priorities: ® Key Transportation Investments Oen• Vision: YT'e envision Brooklyn Center as a thriving, diverse community ivith a fidlrange 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 APPROVING AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT WITH THE CITY OF MINNEAPOLIS FOR THE RECONSTRUCTION OF BROOKLYN BOULEVARD (CSAH 152) FROM SOUTH OF 49TH AVENUE TO NORTH OF BASS LAKE ROAD (CSAH 10), IMPROVEMENT PROJECT NO 2018-05 WHEREAS, the Brooklyn Center City Council approved the Brooklyn Boulevard Corridor Study as a planning and development guide for the corridor under Resolution 2013-60; and WHEREAS, the City's Capital Improvement Program identifies the Brooklyn Boulevard roadway and streetscape improvements from south of 49th Avenue to north of Bass Lake Road to be constructed in 2018; and WHEREAS, on May 9, 2016, the City Council approved a resolution establishing the improvement project and directed staff to proceed with preliminary design, environmental documentation, easement acquisition and final design as required to meet the Federal Aid Project requirements for the Brooklyn Boulevard Corridor Project Phase 1 (49th Avenue to Bass Lake Road), Project No. 2018-05; and WHEREAS, the project is multi jurisdictional, involving the Minnesota Department of Transportation, Hennepin County, the City of Minneapolis, Metro Transit, Three Rivers Park District and the City of Brooklyn Center; and WHEREAS, a portion of the Project is located within the corporate boundaries of Minneapolis and a portion of the Project is located within the corporate boundaries of Brooklyn Center; and WHEREAS, Minnesota Statutes, section 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power; and WHEREAS, Brooklyn Center has prepared an Engineering Layout for the Project; and WHEREAS, the Minneapolis portion of the project includes curb, gutter, sidewalk, driveway and pavement removal, grading, paving, striping, sidewalk, pedestrian ramp, water manhole reconstruction and storm sewer construction and restoration near the intersection of Brooklyn Boulevard and 49th Avenue as well as the replacement of the traffic signal at said intersection within its corporate limits; and RESOLUTION NO. WHEREAS, the parties determined it is in their best interests to cooperatively exercise their common powers to undertake the construction of the project according to the terms and conditions of the Joint Powers Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: ATTEST: 1. The Joint Power Agreement for the Reconstruction of Brooklyn Boulevard (CSAH 152) from south of 49th Avenue to north of Bass Lake Road (CSAH 10) with the City of Minneapolis is hereby approved. The Mayor and City Manager are hereby authorized to execute said agreement. April 9, 2018 Date Mayor City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT WITH THREE RIVERS PARK DISTRICT FOR THE RECONSTRUCTION OF BROOKLYN BOULEVARD (CSAH 152) FROM SOUTH OF 49TH AVENUE TO NORTH OF BASS LAKE ROAD (CSAR 10), IMPROVEMENT PROJECT NO 2018-05 WHEREAS, the Brooklyn Center City Council approved the Brooklyn Boulevard Corridor Study as a planning and development guide for the corridor under Resolution 2013-60; and WHEREAS, the City's Capital Improvement Program identifies the Brooklyn Boulevard roadway and streetscape improvements from south of 49th Avenue to north of Bass Lake Road to be constructed in 2018; and WHEREAS, on May 9, 2016, the City Council approved a resolution establishing the improvement project and directed staff to proceed with preliminary design, environmental documentation, easement acquisition and final design as required to meet the Federal Aid Project requirements for the Brooklyn Boulevard Corridor Project Phase 1 (491h Avenue to Bass Lake Road), Project No. 2018-05; and WHEREAS, the project is multi jurisdictional, involving the Minnesota Department of Transportation, Hennepin County, the City of Minneapolis, Metro Transit, Three Rivers Park District and the City of Brooklyn Center; and WHEREAS, Minnesota Statutes, section 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power; and WHEREAS, Brooklyn Center has prepared an Engineering Layout for the Project; and WHEREAS, the Three Rivers Park District portion of the project includes pavement removal, grading, trail paving, sidewalk, pedestrian ramp and restoration on the west side of Brooklyn Boulevard from north of Trunk Highway 100 to 55th Avenue; and WHEREAS, the parties determined it is in their best interests to cooperatively exercise their common powers to undertake the construction of the project according to the terms and conditions of the Joint Powers Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: RESOLUTION NO. ATTEST: 1. The Joint Power Agreement for the Reconstruction of Brooklyn Boulevard (CSAH 152) from south of 49th Avenue to north of Bass Lake Road (CSAH 10) with Three Rivers Park District is hereby approved. The Mayor and City Manager are hereby authorized to execute said agreement. April 9, 2018 Date City Clerk Mayor 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. JOINT POWERS AGREEMENT BY AND BETWEEN THE CITY BROOKLYN CENTER AND CITY OF MINNEAPOLIS FOR THE RECONSTRUCTION OF BROOKLYN BOULEVARD (CSAH 152) FROM SOUTH OF 49TH AVENUE TO NORTH OF BASS LAKE ROAD (CSAH 10) IMPROVEMENT PROJECT NO. 2018-05 THIS JOINT POWERS AGREEMENT ("Agreement") is entered into by and between the CITY OF BROOKLYN CENTER, a Minnesota municipal corporation ("Brooklyn Center") and the CITY OF MINNEAPOLIS, a Minnesota municipal corporation ("Minneapolis"). Brooklyn Center and Minneapolis may hereinafter be referred to individually as a "party" or jointly as the "parties." RECITALS A. The parties desire to undertake a project to reconstruct Brooklyn Boulevard (CSAH 152) from south of 49th Avenue to north of Bass Lake Road (CSAH 10), which is identified as Improvement Project No. 2018-05 (the "Project"). B. A portion of the Project is located within the corporate boundaries of Minneapolis and a portion of the Project is located within the corporate boundaries of Brooklyn Center C. Minnesota Statutes, section 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power. D. The Metropolitan Council and the Three Rivers Park District are also cooperating in the construction of the overall Project through separate agreements with Brooklyn Center. E. Brooklyn Center has prepared an Engineering Layout for the Project, which is attached hereto as Exhibit A and is made part of this Agreement (the "Layout"). F. The Minneapolis portion of the Project includes curb, gutter, sidewalk, driveway and pavement removal, grading, paving, striping, sidewalk, pedestrian ramp, water manhole reconstruction, and storm sewer construction and restoration near the intersection of Brooklyn Boulevard and 49th Avenue as well as the replacement of the traffic signal at said intersection within its corporate limits (collectively, the "Minneapolis Elements"). G. The parties determine it is in their best interests to cooperatively exercise their common powers to undertake the construction of the Project according to the terms and conditions of this Agreement. AGREEMENT In consideration of the mutual undertakings and understandings expressed herein, the parties hereby agree as follows: 1. PLANS AND SPECIFICATIONS. Brooklyn Center has prepared plans and specifications for the Project dated February 26, 2018 (collectively, the "Plans") consistent with Brooklyn Center and Minneapolis design standards. The improvements addressed by this Agreement are generally depicted in the 95% Plan Submittal and Engineer's Estimate of Probable Costs included as part of the Plans. The Plans are incorporated in and made part of this Agreement by reference. 2. CONTRACT ADMINISTRATION. Brooklyn Center shall be responsible for preparing the contract documents and for advertising for bids for the construction of the Project in accordance with the Uniform Municipal Contracting Law and all other applicable laws. Brooklyn Center shall enter into a contract with the approved bidder ("Construction Contract"). Brooklyn Center shall be solely responsible for administering the contracts it lets and for managing construction of the Project. 3. CONSTRUCTION. Brooklyn Center shall be responsible for overseeing and managing the construction of the Project in accordance with the Layout, Plans, applicable laws, and this Agreement. This responsibility includes preparing and maintaining construction quantity tabulations for all materials used for the Project. The tabulation of quantities shall identify the materials and the portions attributable to each party's portion of the Project. 4. COST ALLOCATION. Minneapolis shall be responsible for Project costs based on the contract price of the actual construction quantities of the Minneapolis Elements of the portion of the Project occurring within its corporate boundaries ("Quantity Price"). Minneapolis shall also pay an additional 18% of its Quantity Price to pay its portion of the engineering and administrative costs for the Project ("Administrative Costs"). The total Project cost to be shared by the parties is estimated at $10,700,000. Minneapolis' share, including the Quantity Price and the Administrative Costs, is estimated at and shall not exceed $111,000, unless agreed to in writing by Minneapolis. Staff time and other employee costs of the parties are not part of the Project costs and are not to be paid or reimbursed through this Agreement. PAYMENT. Brooklyn Center shall bill Minneapolis for its portion of the Project costs based on its Quantity Price and Administrative Costs as indicated above. The bill shall itemize the quantity of items attributable to Minneapolis's portion of the Project. Minneapolis shall pay the bills in full within 30 days of receipt. If Minneapolis has a question regarding any portion of a bill it receives, the remainder of the bill shall be promptly paid and include a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 6. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS. Any change orders or supplemental agreements that affect the Project cost payable by Minneapolis and/or changes to the Layout or Plans that affect property within Minneapolis corporate boundaries must be approved by Minneapolis prior to execution of work. 7. OWNERSHIP. Each party shall retain ownership of their respective portions of the Project. Minneapolis delegates to Brooklyn Center such authority and permissions as may be needed to construct the Project on its property, but nothing in this Agreement is intended to transfer ownership or maintenance responsibility for any of the property or facilities improved or placed as part of the Project. Each party shall remain responsible for the operation and maintenance of its respective properties and facilities. 8. FUTURE MAINTENANCE. The parties shall be responsible for ongoing future maintenance of Project infrastructure located within their respective corporate boundaries. 9. COMPLIANCE. Brooklyn Center shall incorporate Minnesota Department of Transportation standard specifications, rules and contract administration procedures into its Construction Contract. Each party shall be responsible for complying with any legal requirements applicable to their respective obligations under this Agreement. 10. TERM. This Agreement shall commence as of the date of the last party to execute it and shall continue until the Project is completed and all required payments have been made. The indemnification and audit obligations shall survive the termination of this Agreement. I L INDEMNIFICATION. The Project is a joint venture and, pursuant to Minnesota Statutes, section 471.59, subdivision 1a, the parties shall be considered a single governmental unit for the purposes of determining total liability. Neither party is agreeing to accept responsibility for the acts or omission of the other party. Brooklyn Center agrees to defend, indemnify, and hold harmless Minneapolis against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of Brooklyn Center and/or those of Brooklyn Center employees or agents. Minneapolis agrees to defend, indemnify, and hold harmless Brooklyn Center against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of Minneapolis and/or those of Minneapolis employees or agents. Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The intent of this section is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes, chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 12. WAIVER. Any and all persons engaged in the work to be performed by Brooklyn Center shall not be considered employees of Minneapolis for any purpose, including Worker's Compensation and any other employment related claims. Any and all claims made by any third party as a consequence of any act or omission on the part of Brooklyn Center employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of Minneapolis. Similarly, Brooklyn Center shall not be responsible for the employees of Minneapolis or any third -party claims arising from their acts or omissions. 13. AUDITS. Pursuant to Minnesota Statutes, section 16C.05, subdivision 5, any books, records, documents, and accounting procedures and practices of Brooklyn Center and Minneapolis relevant to the Agreement are subject to examination by Brooklyn Center, Minneapolis, and either the Legislative Auditor or the State Auditor as appropriate. Brooklyn Center and Minneapolis agree to maintain these records for a period of six years from completion of the Project. 14. ENTIRE AGREEMENT. This document, including the recitals, the exhibits, and any documents incorporated by reference, shall constitute the entire agreement between the parties regarding construction of the Project. This Agreement supersedes all prior negotiations, representations, or agreements between Brooklyn Center and Minneapolis regarding the Project, whether written or oral. No modifications to this Agreement shall be in effect unless they are reduced to writing and are signed by both parties. 15. NO THIRD PARTY RIGHTS. This Agreement is solely for the benefit of the parties. This Agreement shall not create or establish any rights in or for the benefit of any third party. 16. APPLICABLE LAW. This Agreement shall be interpreted under the laws of Minnesota. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials effective as of the date of the last party to execute it. CITY OF BROOKLYN CENTER CITY OF MINNEAPOLIS BY: BY: Tim Willson, Mayor Its Public Works Director AND BY: Cornelius Boganey, City Manager Its City Attorney MN Its Finance Officer Date: Date: 4 JOINT POWERS AGREEMENT FOR THE RECONSTRUCTION OF BROOKLYN BOULEVARD (CSAH 152) FROM SOUTH OF 49TH AVENUE TO NORTH OF BASS LAKE ROAD (CSAH 10) IMPROVEMENT PROJECT NO. 2018-05 THIS JOINT POWERS AGREEMENT ("Agreement") is entered into by and between the CITY OF BROOKLYN CENTER, a Minnesota municipal corporation (`Brooklyn Center") and the THREE RIVERS PARK DISTRICT, a Minnesota political subdivision ("Three Rivers"). Brooklyn Center and Three Rivers may hereinafter be referred to individually as a "party" or jointly as the "parties." RECITALS A. The parties desire to undertake a project to reconstruct Brooklyn Boulevard (CSAH 152) from south of 49th Avenue to north of Bass Lake Road (CSAH 10), which is identified as Improvement Project No. 2018-05 (the "Project"). B. Minnesota Statutes, section 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power. C. The Metropolitan Council and the City of Minneapolis are also cooperating in the construction of the overall Project through separate agreements with Brooklyn Center. D. The Three Rivers Park District portion of the Project includes pavement removal, grading, trail paving, sidewalk, pedestrian ramp and restoration on the west side of Brooklyn Boulevard from north of TH 100 to 59th Avenue. E. The parties determine it is in their best interests to cooperatively exercise their common powers to undertake the construction of the Project according to the terms and conditions of this Agreement. AGREEMENT In consideration of the mutual undertakings and understandings expressed herein, the parties hereby agree as follows: 1. PLANS AND SPECIFICATIONS. Brooklyn Center has prepared plans and specifications for the Project dated February 26, 2018 (collectively, the "Plans") consistent with Brooklyn Center and Three Rivers design standards. The improvements addressed by this Agreement are generally depicted in the 95% Plan Submittal and Engineer's Estimate of Probable Costs included as part of the Plans. The Plans are incorporated in and made part of this Agreement by reference. 2. CONTRACT ADMINISTRATION. Brooklyn Center shall be responsible for developing and letting contracts for the Project in accordance with the Uniform Municipal Contracting Law and all other applicable laws. Brooklyn Center shall be responsible for administering the contracts it lets for the Project. 3. CONSTRUCTION. Brooklyn Center shall be responsible for overseeing and managing the construction of the Project in accordance with the Plans and applicable laws. This responsibility includes preparing and maintaining construction quantity tabulations for all materials used for the Project. The tabulation of quantities shall identify the materials and the portions attributable to each party's portion of the Project. 4. COST ALLOCATION. Three Rivers shall pay for its share of the Project based on the contract price of the actual construction quantity of items attributable to its portion of the Project ("Quantity -Price"). Three Rivers share of Project costs shall not exceed $10,000. Staff time and other employee costs of the parties are not part of the Project costs and are not to be paid or reimbursed through this Agreement. 5. PAYMENT. Brooklyn Center shall bill Three Rivers for its portion of the Project costs based on its Quantity Price as indicated above. The bill shall itemize the quantity of items attributable to Three Rivers' portion of the Project. Three Rivers shall pay the bills in full within 30 days of receipt. If Three Rivers has a question regarding any portion of a bill it receives, the remainder of the bill shall be promptly paid and include a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. OWNERSHIP. Each party shall retain ownership of their respective portions of the Project. Three Rivers delegates to Brooklyn Center such authority and permissions as may be needed to construct the Project on its property, but nothing in this Agreement is intended to transfer ownership or maintenance responsibility for any of the property or facilities improved or placed as part of the Project. Each party shall remain responsible for the operation and maintenance of its respective properties and facilities. 7. COMPLIANCE. Brooklyn Center shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. Each party shall be responsible for complying with any legal requirements applicable to their respective obligations under this Agreement. 8. TERM. This Agreement shall commence as of the date of the last party to execute it and shall continue until the Project is completed and all required payments have been made. The indemnification and audit obligations shall survive the termination of this Agreement. 9. INDEMNIFICATION. The Project is a joint venture and, pursuant to Minnesota Statutes, section 471.59, subdivision la, the parties shall be considered a single governmental unit for the purposes of determining total liability. Neither party is agreeing to accept responsibility for the acts or omission of the other party. Brooklyn Center agrees to defend, indemnify, and hold harmless Three Rivers against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent 2 acts or omissions of Brooklyn Center and/or those of Brooklyn Center employees or agents. Three Rivers agrees to defend, indemnify, and hold harmless Brooklyn Center against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of Three Rivers and/or those of Three Rivers employees or agents. Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The intent of this section is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes, chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 10. WAIVER. Any and all persons engaged in the work to be performed by Brooklyn Center shall not be considered employees of Three Rivers for any purpose, including Worker's Compensation and any other employment related claims. Any and all claims made by any third party as a consequence of any act or omission on the part of Brooklyn Center employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of Three Rivers. Similarly, Brooklyn Center shall not be responsible for the employees of Three Rivers or any third -party claims arising from their acts or omissions. 11. AUDITS. Pursuant to Minnesota Statutes, section 16C.05, subdivision 5, any books, records, documents, and accounting procedures and practices of Brooklyn Center and Three Rivers relevant to the Agreement are subject to examination by Brooklyn Center, Three Rivers, and either the Legislative Auditor or the State Auditor as appropriate. Brooklyn Center and Three Rivers agree to maintain these records for a period of six years from completion of the Project. 12. ENTIRE AGREEMENT. This document, including the recitals, the exhibits, and any documents incorporated by reference, shall constitute the entire agreement between the parties regarding construction of the Project. This Agreement supersedes all prior negotiations, representations, or agreements between Brooklyn Center and Three Rivers regarding the Project, whether written or oral. No modifications to this Agreement shall be in effect unless they are reduced to writing and are signed by both parties. 13. NO THIRD PARTY RIGHTS. This Agreement is solely for the benefit of the parties. This Agreement shall not create or establish any rights in or for the benefit of any third party. 14. APPLICABLE LAW. This Agreement shall be interpreted under the laws of Minnesota. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials effective as of the date of the last party to execute it. CITY OF BROOKLYN CENTER :_ Tim Willson, Mayor AND: Cornelius Boganey, City Manager Date: MM Date: THREE RIVERS PARK DISTRICT Boe R. Carlson, Superintendent and Secretary to the Board City Council Agenda Item No_ 6e COUNCIL ITEM MEMORANDUM DATE: April 3, 2018 TO: Curt Bo*, City Manager THROUGH:an Cote, P.E., Director of Public Works FROM: Andrew Hogg, P.E., Assistant City Engineer SUBJECT: Resolution Approving Final Plat for NORTHBROOK CENTER 3' ADDITION Recommendation: It is recommended that the City Council consider the resolution approving final plat for NORTHBROOK CENTER 3RD ADDITION. Background: The attached final plat for NORTHBROOK CENTER 3RD ADDITION would create two lots at the northwest coiner of 57th Avenue North and Logan Avenue North. The City Council approved the proposed preliminary plat based upon certain conditions per City Council. Resolution No. 2018-62. Staff reviewed the NORTHBROOK CENTER 3RD ADDITION final plat and found it consistent with the previously preliminary plat approved as a part of Planning Commission Resolution No. 2018-001. ' The Applicant is now seeking final plat approval from the City Council. The final plat is in general conformance with the approved preliminary plat. The final plat is recommended for approval subject to the conditions established by the City Engineer, conditions established by the City Attorney and based on a review of an updated title commitment provided by the Applicant (within the past 30 days), conditions as previously approved by the City Council and any conditions established by Hennepin County and the Minnesota Department of Transportation for recording of the plat documents. 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 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 hone, and visitors enjoy due to its convenient location and commitment to a healthy environment its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT FOR NORTHBROOK CENTER 3RD ADDITION WHEREAS, the City Council approved the proposed preliminary plat for NORTHBROOK CENTER 3RD ADDITION based on certain conditions as set forth in City,Council Resolution No. 2018-62; and WHEREAS, the Applicant has applied for approval of the final plat for NORTHBROOK CENTER 3RD ADDITION as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the final plat for NORTHBROOK CENTER 3RD ADDITION is hereby approved, subject to the following conditions: ATTEST: 1. Conditions as previously required by the City Council pertaining to the development's Preliminary Plat approval in accordance with City Council Resolution No. 2018-62. 2. Conditions as previously recommended by the Planning Commission pertaining to the final plat in accordance with Planning Commission Resolution No. 2018-001. 3. All recommendations and conditions as noted in the Assistant City Engineer's memorandum dated March 6, 2018. 4. Evidence of title satisfactory to the City Attorney and City Engineer. 5. Any other conditions as established by Hennepin County and the Minnesota Department of Transportation for recording of said Final Plat. 6. Prior to release by the City of the final, approved plat, the owner must reimburse the City the full amount of legal fees incurred by the City in obtaining a review or opinion of title. April 9, 2018 Date Mayor 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. 0 60 120 SCALE IN FEET THE EAST LINE OF NORTH BROOK 2ND ADDITION, IS ASSUMED TO HAVE A BEARING OF NORTH DI°17'42" EAST. O DENOTES 1/2 INCH % 14 INCH IRON MONUMENT SET, MARKED 'LS 48988' • DENOTES IRON MONUMENT FOUND D.1-ga k Utility Easement-_- t 1 51.45 's \yam S89°44'2 9 NOT TO SCALE DRAINAGE AND UTILITY EASEMONTS ARE SHOWN THUS: II II 5—j 1+0 ' I 5 ID BONG 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED AND ADJOINING LOT LINES, AND BONG ID FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING RIGHT-OF-WAY LINES, AS SHOWN ON THE PLAT. NORTHBROOK CENTER 3RD ADDITION KNOW ALL PERSONS BY THESE PRESENTS: That Economic Development Authority of Brooklyn Center, a public body corporate and politic, of the following described property / situated in the County of Hennepin, State of Minnesota, to wit: / Lot 1, Block 1, NORTHBROOK CENTER 3RD ADDITION / Has caused the same to be surveyed and platted as NORTHBROOK CENTER3RD ADDITION, and does hereby grant to the City of Brooklyn Center the easements for drainage and utility purposes as shown on this plat. 43 I JJ / I I S P d / 589'5O'26E 258.62 I ::ii;ft S� y. Lot r a 4°E l i I `0 �& - I V / r � I T--" 7---r----------- •I / / ---g°aa'--za°E--..---------------------t T sa- / tr w - �— Northern States Parer Canpony Eas:ment Per Doc. No. 498916-_� I t I ,�t\t\ I i ' 589°44'24°E ___ � 5 Lare P—M With Cmt, Line Of 571h Ave. U.- Lot L I— p S Late Of 5W I/4, hE 1/4, S:c 7, Fv Na Rnq 21; Alm Cmtar the Of 57M A—a N. -\ ti \ \ -------------- h _ _ _ _ _ .-_ _ _ _ _ _ _ _ _ I I I I u JJ 35 6 s JJ I I l i I `0 �& I I I I I I I -------------- h _ _ _ _ _ .-_ _ _ _ _ _ _ _ _ I I I I u JJ 35 6 s JJ I I I T I --F -- I I I I I ,II In witness whereof said Economic Development Authority of Brooklyn Center, a public body corporate and politic, has caused these presents to be signed by its proper officer this day of 20_ ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER Tim Wilson, President Curt Boganey, Exedutive Dimdor STATE OF MINNESOTA - COUNTY OF The foregoing instrument was acknowledged before me this day of 20� by Tim Willson, as President and Curt Boganey, as Executive Director of Economic Development Authority of Brooklyn Center, a public body corporate and politic, on behalf of the public body. (Signature) {Printed. Name) Notary Public, County, Minnesota My Commission Expires I, Max L. Stanislowski, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Surveyor in the State of Minnesota;that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and Wet lands, as defined in Minnesota Statutes, Section 505.01, Subd, 3, as of the date of this certificate are shown and labeled on this Plat; and all publicways are shorn and labeled on this plat. Dated this day of 2D Max L. Stanislowski, Licensed Land Surveyor, Minnesota License No. 48988 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this—day of 20— by Max L. Stanislowski, a Licensed Land Surveyor. (Signature) (Printed Name) Notary Public, County, Minnesota My Commission Expires BROOKLYN CENTER, MINNESOTA This plat of NORTHBROOK CENTER 3RD ADDITION was approved and accepted by the City Council of Brooklyn Center, Minnesota, at a regular meeting thereof held this — day of 20 . If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the Brooklyn Center or the prescribed 30 -day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes, Section 505.03, Subdivision 2. City Council of Brooklyn Center, Minnesota By: Mayor Clerk RESIDENT AND REAL ESTATE DEPARTMENT, HENNEPIN COUNTY, MINNESOTA I hereby certify that taxes payable in 20_ and prior years have been paid for land described on this plat, dated this day of . 20_ Mark V. Chapin, County Auditor By; Deputy SURVEY DIVISION, HENNEPIN COUNTY, MINNESOTA Pursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this —day of . 20. Chris F. Mavis, County Surveyor By: REGISTRAR OF TITLES, HENNEPIN COUNTY, MINNESOTA I hereby certify that the within plat of NORTHBROOK CENTER 3RD ADDITION was filed in this office this .M. Martin McCormick, Registrar of Titles By. Deputy day of 20_, at —o'clock moLOUCKS City Council Agenda Item No. 6f COUNCIL ITEM MEMORANDUM DATE: April 3, 2018 TO: 0-t Boganey, City Manager FROM: 0-flf Cote, P.E., Director of Public Works SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2018-09, Water Tower No. 2 and Water Tower No. 3 Rehabilitation Recommendation: It is recommended that the City Council consider approval of the lowest responsible bid and award a contract to TMI Coatings, Inc. for Improvement Project No. 2018-09, Water Tower No. 2 and Water Tower No. 3 Rehabilitation. Background: Bids for the Water Tower No. 2 and Water Tower No. 3 Rehabilitation, Project No. 2018-09, were received and opened on March 16, 2018. The bidding results are tabulated below: Bidder Schedule A Schedule B Total Base Bid TMI Coatings, Inc. $696,000 $1,391,000 $2,087,000 Classic Protective Coatings, Inc. $1,034,680 $1,432,235 $2,466,915 The updated estimated project cost provided by the consulting engineer prior to bidding was $1,500,000. The bids included a Schedule A which was to complete Water Tower No. 3 rehabilitation and Schedule B which was a complete rehabilitation of Water Tower No. 2. Both bids were higher than the estimate for both Schedule A and Schedule B. The City's design engineer, Badger State Inspection, LLC (BSI) evaluated the bids and recommended that the bids be rejected based on the bid amounts. In his recommendation letter, the engineer indicated his estimate of $375,000 for Water Tower No. 3 was based on what he believed remains in the budget from the previous project. The actual remaining budget is $520,000 which is much closer to the bid amount. The engineer also indicated that his estimate for Water Tower No. 2 was low and subsequent to the bid opening revised the estimates to $550,000 for Water Tower No. 3 and $1,350,000 for Water Tower No. 2 for a total of $1,900,000. Although it was initially suggested that all bids be rejected for the Water Tower Nos. 2 and 3 painting project, staff has been reaching out to references provided by the apparent low bidder.. The reference checks have proven that the apparent low bidder is competent and qualified to complete the work and other communities have been very satisfied with their work. Additional financial review has been completed internally and, although the bids were higher than the estimates, the City has the capability to fund the project if desired. Our Vision: We envision Brooklyn Center as a thriving, diverse communio, ivith a fill 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 Budget Issues: The low bid amount of $2,087,000 exceeds the budgeted amount of $1,920,000 which includes $520,000 remaining in the budget for the previous Water Tower No. 3 contract. The total estimated budget in the Capital Improvement Plan was $1,300,000 for Water Tower No. 3 and $1,400,000 for Water Tower No. 2 including contingencies, administration, engineering and legal for a total of $2,700,000 for the two towers. Strategic Priorities: • Enhanced Community Image Our Vision: FVe envision Brooklyn Center as a thriving, diverse community lvith a fiill 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 AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 2018-09, WATER TOWER NO. 2 AND WATER TOWER NO. 3 REHABILITATION WHEREAS, pursuant to an advertisement for bids for Improvement Pro ect No. 2018-09, two bids were received, opened and tabulated by the City Engineer on the 16t day of March, 2018. Said bids were as follows: Bidder Schedule A Schedule B Total Base Bid TMI Coatings, Inc. $696,000 $1,391,000 $2,087,000 Classic Protective Coatings, Inc. $1,034,680 $1,432,235 $2,466,915 WHEREAS, it appears that TMI Coatings, Inc., of Saint Paul, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with TMI Coatings, Inc. of Saint Paul, Minnesota, in the name of the City of Brooklyn Center, for Improvement Project No. 2018- 09, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The estimated project costs and revenues are as follows: Amended COSTS Estimated per Low Bid Construction Cost $1,900,000.00 $2,087,000.00 Engineering and Administrative $ 145,000.00 $ 145,000.00 Contingency $ 100,000.00 $ 100 000.00 TOTAL $2,145,000.00 $2,332,000.00 Amended REVENUES Estimated per Low Bid Water Fund $2,145,000.00 $2,332,000.00 April 9, 2018 Date ATTEST: City Clerk Mayor 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. Water Tower Inspection Evaluations, Specifications, Reconditioning and Antenna Services P.O. Bos 157 Osseo, WI 54758 7 15 -533-8686 March 17, 2018 Mr. Michael Marsh By: Email Deputy Director of Public Works City of Brooklyn Center 6844 Shingle Creek Parkway Brooklyn Center, MN 55430. Re: Bid Evaluation for the Completion of the Remaining Work on the Tower No. 3 Water Tower and the Full Reconditioning and Painting Project for the Tower No. 2 water Tower, for the City of Brooklyn Center, Minnesota, Recommendation: Reject all Bids Dear Mr. Marsh: The bid opening for the above referenced project was held on March 16, 2018 at 10:00 a.m. The following two (2) bids were received as follows: BIDDER TOTAL BID AMOUNT Classic Protective Coatings $2,466,915 TMI Coatings, Inc. $2,078,000 The Engineer's cost estimate for this project was: $1,493,570. The bids were broken u\p into two schedules, Schedule A which included the remaining items to be completed on the Tower No, 3 water tower, these bids came at: Tower No. 3 Remaining work: Bid Amount Classic Protective Coatings $1,024,680 TMI Coatings, Inc. $ 696,000 *The Engineer's cost estimate for this project was: $375,000 Note* The Engineer's Cost Estimate was based upon the remaining dollar amount left from last year's project that was not paid the other contractor. Tower No. 2 Full Reconditioning and Painting: Bid Amount Classic Protective Coatings $1,432,235 TMI Coatings, Inc. $1,391,000 The Engineer's cost estimate for this project was: $1,128,500 Bid Results: The bids on both projects were well above the engineers estimate. It is our opinion that there were reasons for the lack of bidders and the unusually high bid numbers. These include: 1) There are only about 5 contractors that bid the larger projects (1.0 million gallons and larger) in our area. 2) The bidders were already booked for this time schedule and they were needing looking for work. Basically, there work load for their crews this year is full. The fact that we had only two bidders bidding on the project also leads me to believe this is the case. 3) The combined project could have not have been bid earlier because the contract was not terminated with V & T Painting until January 11, 2018. This delayed start on the specifications caused a later bid date that we wanted. 4) Our estimate for the numbers we used for the Tower 3 was the remaining dollar amount left on the contract. 5) When I spoke with the contractors they had concerns with the remaining work on the Tower 3 project. They didn't like the fact that there was no containment required and they put numbers in the bid to contain the tower. They were afraid of overspray on vehicles along the highway and the golf course. 6) They said access to the tower 3 project contributed to their costs. 7) The amount of coating repair (Spot blasting and painting) required also contributed to the higher costs. BSI is recommending to the City to reject all bids. Recommendation: 1. Rebid Tower No. 3 within the next 3 weeks for a late summer (Sept 4 Start) 2018 project with a completion date of October 15, 2018. Revise the cost estimate to around $550,000 which will include containment. 2. Rebid Tower No.2 within the next 2 months for a Spring 2019 Project. The sooner this project can get out for Bidding for a next year (2019) project, the more contractors we can get to bid the project and we should get better prices. In doing the early bidding, we should be able to generate more interest from Contractor's and get a jump start for their next year projects. Revise the cost estimate to $1,350,000. After speaking with contractors and listening to their concerns, we will adjust some of them in the revised specification and we will also adjust our budget estimates, below is our revised overall cost estimate: Tower 3 $550,000 Tower 2 $1,350,000 Overall Costs $1,900,000 If you have any questions regarding BSI's recommendation please call me at 715/ 533-8686. Sincerely, BADGER STATE INSPECTION, LLC Kelly C. Mulhern, Owner, Certified NACE International Coatings Inspector No. 1692 AWS CWI Certification 95041101 City Council Agenda Item No. 6g DATE: April 9, 2018 TO: *Boganey, City Manager THROUGH: Meg Beekman, Community Development Director FROM: Ginny McIntosh, City Planner/Zoning Administrator SUBJECT: An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the Southeast Section of the City, Generally Situated Between Highway 100 to the West and North, Logan Avenue North to the East, and 57th Avenue North to the South, and Locally Identified as 1950 57th Avenue North - Motion to approve First Reading of Ordinance and set Second Reading and Public Hearing for May 14, 2018 Recommendation: It is recommended that City Council make a Motion to approve the First Reading of the Ordinance authorizing the amendment of Chapter 35 of the City Code of Ordinances regarding the zoning classification of certain land generally located in the southeast section of the City, generally located between Highway 100 to the west and north, Logan Avenue North to the east, and 57th Avenue North to the south, and locally identified as 1950 57th Avenue North. It is further recommended that a Second Reading and Public Hearing be set for the May 14, 2018, City Council meeting. 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, 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 of the City of Brooklyn Center until a developer was identified at a later time. This request was 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 Planning Commission reviewed the aforementioned requests as part of the public hearing process and voted unanimously in favor (7-0) of the proposed subdivision (Preliminary Plat of Northbrook Center 3rd Addition). Following a review of the request to establish a Planned Unit Development and the submitted site and building plans, the Planning Commission voted 5-2 in favor of the proposed indoor commercial storage building. Our Vision: iVe envision Brooklyn Center as a thriving, diverse community with o 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 o healthy environment The Planning Commission Resolutions approved as part of this request were 2018-001 and 2018- 002. On March 26, 2018, the City Council reviewed Application No. 2018-001. Following review of the Application and requests, City Council voted unanimously (5-0) in favor of the requests and approved City Council Resolution Nos. 2018-62 and 2018-63. The approved request to establish a Planned Unit Development on an approximately 2.6 acre portion of the Subject Property requires that this portion be re -zoned from its currently designated C2 (Commerce) District to PUD -C2 (Planned Unit Development -Commerce) District. This is per Section 35-355 (Planned Unit Development) of the City Zoning Code. Additionady, an amendment to Chapter 35 of the City Zoning lode is required to reflect this change in zoning designation. As part of this amendment, the existing description of the Subject Property, identified under Section 35-1190 (Commerce District) as, "that area bounded by the following: Logan Avenue on the east; 57th Avenue on the south; State Highway No. 100 on the west and north," has been adjusted to provide clear identification as to which parcels are to remain zoned C2 (Commerce) District, and which parcel is to be re -zoned to PUD -C2 (Planned Unit Development -Commerce) District as part of this request. A copy of the draft ordinance is included for review. The Planning Commission Report (dated March 15, 2018), which outlines the requests, and copies of City Council Resolution Nos. 2018-62 (Preliminary Plat for the Northbrook Center 3rd Addition) and No. 2018-63 (Establishment of a New Planned Unit Development and Site and Building Plan), are attached for the City Council's review. Budget Issues: There are no budget issues to consider. Strategic Priorities: ® Targeted Redevelopment Our Vision: We envision Brooklyn Center as a thriving, diverse consmunity with a fill range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to calk home, and visitors enjoy due to its convenient location and commitment to a healthy environment CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2018, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land, generally located in the southeast section of the City, generally situated between Highway 100 to the west and north, Logan Avenue North to the east, and 57th Avenue North to the south, and locally identified as 1950 57th Avenue North. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Cleric at 763-569-3306 to make arrangements. ORDINANCE NO. 2018 - AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED IN THE SOUTHEAST SECTION OF THE CITY, GENERALLY SITUATED BETWEEN HIGHWAY 100 TO THE WEST AND NORTH, LOGAN AVENUE NORTH TO THE EAST, AND 57TH AVENUE NORTH TO THE SOUTH, AND LOCALLY IDENTIFIED AS 1950 57' AVENUE NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35-1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: - That a-rea bounded by the following: Logan Avenue on the east; 5 1'h-Ayenue-an-the se +t-; State H b r J N inn n the west and nafth. Outlot A Northbrook Center 2—d Addition. Lot 2 Block 1 Northbrook Center P Addition. Section 35-1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development District Zoning Classification: 4. The following properties are designated as PUD/C2 (Planned Unit Development/Commerce): Lot 1 Block 1, Northbrook Center 3`d Addition. Section 2. This ordinance shall become effective after adoption, recording of the final plat of Northbrook Center 3rd Addition with the Hennepin County Recorder or Registrar, and upon thirty days following this ordinance's legal publication. Adopted this day of 52018. ATTEST: City Clerk Date of Publication Effective Date Mayor (Note: (-Strileext text indicates matter to be deleted, while underline indicates new matter. 2 ITEM 6.a Planning Commission Report -Application Fnetl: 02/13/zols Meeting Date: March 15, 2018 - Review Perlptl (60 -day) Deadline: 04/14/2018 - Exienalon Declar¢d: N/A - Extended Review Period Deadline: N/A Application No. 2018-001 Applicant: Greg Hayes (Ebert Construction) Location: 1950 5]°i Avenue North Request: (1) Preliminary Piat of the Northbrook Center 3itl 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 3i° Addition, which would subdivide an existing ].32 -acre lot into two (2) lots. This request is associated with additional requests by the Applicant to establish a Planned Unif 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.]2 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 Oeyelopments) of the Brooklyn Center Zoning Ordinance, and Section 15-104 (Prelim/ngry P/on) of the Platting Ordinance. An Affidavit of Publication confirmed publication of the public hear{ng notice in the Brooklyn Center Sun Poston March 1, 2018 (Exhibit B). MaII notices were also sent to neighboring property owners. COMPREHENSIVE PLAN ANO ZONING STANDARDS Land Vse Plan: TH/MF/OS/RB/PS- Mixed (Townhome, Multi -Family, Office/Service Business, Retail Business, Public and Semi -Pu blit) Nefghborhood: Grandview Current Zoning: C2 (Commerce) District Surrounding Zoning: North: C2 (Commerce) District East: R3 and R4 (Multiple Family Residence) Districts South: PUO/C2 (Planned Unit Development/Commerce) and C2 (Commerce) �� West: Highway 300 and C2 (Commerce) District across Highway 300 Planning Commission Report -Application Fnetl: 02/13/zols Meeting Date: March 15, 2018 - Review Perlptl (60 -day) Deadline: 04/14/2018 - Exienalon Declar¢d: N/A - Extended Review Period Deadline: N/A Application No. 2018-001 Applicant: Greg Hayes (Ebert Construction) Location: 1950 5]°i Avenue North Request: (1) Preliminary Piat of the Northbrook Center 3itl 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 3i° Addition, which would subdivide an existing ].32 -acre lot into two (2) lots. This request is associated with additional requests by the Applicant to establish a Planned Unif 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.]2 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 Oeyelopments) of the Brooklyn Center Zoning Ordinance, and Section 15-104 (Prelim/ngry P/on) of the Platting Ordinance. An Affidavit of Publication confirmed publication of the public hear{ng notice in the Brooklyn Center Sun Poston March 1, 2018 (Exhibit B). MaII notices were also sent to neighboring property owners. COMPREHENSIVE PLAN ANO ZONING STANDARDS Land Vse Plan: TH/MF/OS/RB/PS- Mixed (Townhome, Multi -Family, Office/Service Business, Retail Business, Public and Semi -Pu blit) Nefghborhood: Grandview Current Zoning: C2 (Commerce) District Surrounding Zoning: North: C2 (Commerce) District East: R3 and R4 (Multiple Family Residence) Districts South: PUO/C2 (Planned Unit Development/Commerce) and C2 (Commerce) Districts West: Highway 300 and C2 (Commerce) District across Highway 300 App. No. 2018-001 PC 03/15/2018 vase 1 Si[e Flreo: Approximately 732 acres, to be subdivided Into: Lot 1 (Ebert Construction) —approximately 2.6 acres Lot 2 (City of Brooklyn Center) �a pproximately 4.72 acres BACKG RO UNO Subject Proo¢rty History The Subject Property was formerly home to Northbrook Center and later on, what was known as the Hmong-American Shopping Center. The Sub}ect Property was at one time comprised of flue 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. Nar[M1bmok Center In 1967 (Courtesy of Minnesota H15torlcal Aerial PMotograpM1S Online) In 2004, the City's Economic Development Authority adopted EDA Resolution Nos. 2004-10 (Resolution Authorizing the Acquisition of Real Property for Redevefopmenf Purposes), and 2004-12 (Resolution Authorizing the Acquisttlon of Rea! Property for Redevelopment Purposes (Hmong American Shopping Center)J, to acquire She entirety of what is known as the 57rg and Logan site. This acquisition surrounded concerns relating to the state of and overall dilapidation of The shopping censer 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 Contlem nation and Motion for Transfer of Title and Possessions untler Minnesota Statute § 117.042 with the Hennepin County District Court. A 90 -Day App. Na. 2018-001 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 2nd 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 195057 1h 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 2nd Addition) on November 13, 2017, which authorized the sale of a portion of the 57th and Logan site. App. No. 1U124-UUI PC 03/15/2018 Page 3 PRELIMINARY PLAT As part of the Cify Platting Ordinance requirements, preliminary and final plat approval is required io formally subdivide Lot 1, Block 1, of the Northbrook Center 2"a Atlditlo n, also known as 1950 57t� Avenue North. As proposed, the subdivision would result in the creation of: Loi 1, Block 1, Northbrook Center 3'a Addition (Ebert Construction)—approximately 2.6 acres lot 2, Block 1, Northbrook Center 3'a Addition (City of Brooklyn Center) —approximately 4.72 acres Map 1. Existing Lot Configuration of Subject Property. �I, r" `'- '� sok, - .'�--: i. I q- r•` } 11 F. n .TJ..-♦ I �� i v' J.r' I �-1 Map 2. Preliminary Plat for Subject Property (Northbrook Center 3'° AtltllHon) App. No. 2018-001 PC 03/15/2018 Page 4 • _. i o gas I. __ .. � �... .. i.: {. � i _.® _.� tl—_ - ,_ � L I'� g,, , I, �,_.. .. I i Map 2. Preliminary Plat for Subject Property (Northbrook Center 3'° AtltllHon) App. No. 2018-001 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 P 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 57th 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 57th 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 3rd Addition); subject to the Applicant complying with the comments outlined in the Assistant City Engineer's memorandum dated March 6, 2018 (Exhibit D), 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. Zulu-uul 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`d 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 Bul/dino and Site Lavout The proposed 112,000 -square foot indoor commercial stora8e 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 foo[ office area (open to [he 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 build(ng. As noted below, the breakdown of proposed overhead access doors to direct access storage units and the transfer bay are as follows: Not[h Efeva tion: Four (4) overhead doors Eost E/evatlon: No overhead doors—facing Logan Avenue North and residential area South E/evo[ion: Ten (10) overhead doors—facing 57's Avenue North antl 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 ma)ority 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). Wtth the exception of the main floor, floors two through four would be comprised solely of storage units, hallways, and elevator and stairway access points. qpp. No. 2018-001 PC 03/15/2018 Page 7 �, Image t. wopo:ea inaoor comm«�mrsro.vra avuema eJe..onons 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 teMured architectural pre -cast concrete panels, architectural metal (AGM) 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, overheatl 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 in ltially 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 [he Sh/ng/e Creek CrassJng Arch)[ecturgl Des/gn 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 1 materials, with the remaining surfaces to be constructed of Class 11 materials. While these are gu ldelines, it is stressed that the Applicant be thoughtful in the design of the building and site. As reference: Class 1 materials Include: brick or acceptable brick -type material, marble; gra nite; other natural stone or acceptable natural looking stone; to#ured 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 Pa6e B Class II materials includ¢: exposed aggregate concrete panels; burnished concrete block; Integral wlored split face (rock face) and exposed aggregate concrete biotic; 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 Y. inch; canvas or vinyl awnings; prefin fished metal; and other materials not listed elsewhere, as approved by the City Planning Commission and City Council. Access and Pork/no The Applicant intends to provide site access via a 24 -foot wide driveway at the Intersection of Logan Avenue North and 58u' Avenue North. The proposed drive would wind from the north end of the building to the west before terminating of She south end of the building. No tlrive aisle is proposed along the easS 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 Ilne of residential housing. As the proposed use and minimum parking standard is not specified in the City Zoning Ordinance, She Applicant provided the locations of other like indoor commercial storage building projects In the Twln Cities metro. Staff researched these local ions 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 Re uirements for Similar Indoor Commercial Stora a Buildin s In Twin Cities Me[ro. Indoor Commercial Provitled Parking Spaces Squar¢ Fae[ Parking 5[orage building Location (In bold) Required osteo Pralric � Minnetonka Staff Report datetl ADA for Lock Up location In usM aerial ImeBery and muNdpal staff reports (above). Storage) based an square foora8e and similar parking Based on the ra lculations noted in Table 1 above, the average number of parking spaces provided across the six provided Twin Cities commercial storage locations is 30 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, ft 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 acwssible space with adjacent loading zone. qpp. 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 be 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 "a¢essory 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 du mpsters or recycling containers within. Screen/no 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 MOLntenance 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. Landscaolna The project submittal includes a detailed landscape plan, which illustrates the proposed planting schedule (i.e., trees, shrubs, au nuals/perennials, mature size, planting size, root contlltlons). 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 Cify'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% shatle trees; 40% coniferous trees; 35% decorative trees; and 26%shrubs). Given that the proposed use isn't clearly identified within the Zoning Ordinance, staff has determined Shat a use of "light industrial" be used forthe purposes of the Landscape Point System Policy, as the site will not operate as a retail use (i.e., "Resfaurant/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. As summarized in Table 2 above, the submitted landscape plan is meets and exceetls 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 stte 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, spires, and dogwood shrubs along the west and App. No. 2018-001 PC 03/15/2D18 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 B6-12 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 57tn 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 2nd 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`d Addition (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. ZURS-UU1 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 Q. 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. 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 App. No. ZU16-UUI 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`d Addition, 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 1950 57�h 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`d 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 Member Den Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2018-62 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-001 SUBMITTED BY GREG HAYES OF EBERT CONSTRUCTION REQUESTING APPROVAL OF Thr PRELiI'vir ARY PL , O NORTHBROOu CENTEF 3� er�DITIoN (LOCATED AT 1950 57TH 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 3RD 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 3`d 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: 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'-d 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. 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. 2018-62 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 formai City easement vacation process, v�rth 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. 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 ATTEST: City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Kris and upon vote being taken thereon, the following voted in favor thereof: Tim wmscn, 1brqaita Hitler, Api1 C-avess, Kris , Mn Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member KriS LaQ13Da4n32VEa1 introduced the following resolution and moved its adoption: RESOLUTION NO. 2018-63 RESOLUTION REGARDING THE DISPOSITION OF PLANNING APPLICATION NO. 2018-001 SUBMITTED BY GREG HAYES OF EBERT CONSTRUCTION FOR APPROVAL OF A NEW PLANNED UNIT DLVELO 1�iENT `v`JI i i3 NTEtiT�' Zn,NING CL A SSIFICATIO>`I (1F PUD- (PLANNED UNIT DEVELOPMENT - COMMERCE) & DEVELOPMENT SITE PLAN FOR AN INDOOR COMMERCIAL STORAGE BUILDING (LOCATED AT 1950 57TH AVENUE NORTH) WHEREAS, Planning Application No. 2018-001, submitted by the Greg Hayes of Ebert Constriction, 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 57" 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, stoimwater management, and landscaping; and WHEREAS, the subject property is identified and guided in the 2030 Comprehensive Plan as TH/MF/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 RESOLUTION NO. 2018-63 be in order and approved for the Subject Property. WHEREAS, the Planning Advisory Commission of the City of Brooldyn 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 RESOLUTION NO. 2OB-63 property and will conform with ordinance standards; and The Development/Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city, appears to be a good long range use of the existing land, and can be considered an asset to the community. AND WHEREAS, upon due and proper consideration of this matter, and in light of all testimony received, utilizing the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance and the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan, the Planning 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 to 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 57th 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 successfiil recording of said plat. No separation of Lot 1, Block 1, Northbrook Center 2°d 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 3d Addition (Ebert Construction) —approximately 2.6 acres Lot 2, Block 1, Northbrook Center Yd Addition (City of Brooldyn 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 fie 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: RESOLUTION NO. 2a8-63 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 confortnance with the plans, specifications and standards comprehended under this Site and Building Plan. d. The Developer shall submit an as -built survey of the properly, 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. RESOLUTION NO. 20 &63 6. Facilities and Equipment: a. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened fi•om view. b. The building shall be equipped with automatic fire extinguishing systems meeting NFPA standards and shall be connected to a central monitoring device m accordance %*,ith ('rar+e,• 5 of the Ci?y 01'dinances 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 26 2018 Date ATTEST: av�� �T� City Cleric Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim WiLLsm, wicI to B tler, Ail Caves, Kris , DAn Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6h COUNCIL ITEM MEMORANDUM DATE: March 30, 2018 TO: Curt Bog46City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Authorizing the Community Activities, Recreation and Services Department to Apply For Grant Funding Through the Department of Natural Resources Outdoor Recreation Grant Program Recommendation: It is recommended the City Council consider adoption of the attached resolution supporting an application for a Department of Natural Resources Outdoor Recreation Grant. Background: The Department of Natural Resources is seeking local units of government interested in acquiring, developing, or upgrading facilities for outdoor recreation. Eligible projects include park acquisition and/or development/redevelopment including, internal park trails, picnic shelters, playgrounds, athletic facilities, boat accesses, fishing piers, swimming beaches and campgrounds. All park projects must meet requirements for perpetual outdoor recreation use. The City of Brooklyn Center and the Brooklyn Center Little League are planning to reconstruct two of the existing Little League fields and construct a new t -ball field. In addition, the parking areas, concession stand and other amenities will also be updated This proposed project has been reviewed, approved and recommended by the Brooklyn Center Little League Program and the Brooklyn Center Park & Recreation Commission. Staff continues to pursue grant funds to help offset a portion of the project's construction cost. The Outdoor Recreation Grant submission requirements call for the local governmental unit making the application to provide a resolution from its governing body authorizing the application submission. Accordingly, a resolution is attached for City Council consideration. Budget Issues: The anticipated total cost for the Little League site improvements is $250,000. The Outdoor recreation grant application is for $100,000 and we have an additional $150,000 committed from the Minnesota Twins Community Fund and the Hennepin Youth Sports grant program. Strategic Priorities: • Targeted Redevelopment 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 THE COMMUNITY ACTIVITIES, RECREATION AND SERVICES DEPARTMENT TO APPLY FOR GRANT FUNDING THROUGH THE DEPARTMENT OF NATURAL RESOURCES OUTDOOR RECREATION GRANT PROGRAM WHEREAS, the City of Brooklyn Center would act as legal sponsor for the project contained in the Outdoor Recreation grant application, submitted on March 31, 2018 and that the City Manager is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the City of Brooklyn Center; and WHEREAS, the City of Brooklyn Center has the legal authority to apply for financial assistance, and financial capability to meet the match requirement (if any) and ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life; and WHEREAS, the City of Brooklyn Center has not incurred any development costs and has not entered into a written purchase agreement to acquire the property described in the Cost Breakdown section on this application; and WHEREAS, the City of Brooklyn Center has, or will acquire fee title or permanent easement over the land described in the site plan included in the application; and WHEREAS, upon approval of its application by the state, The City of Brooklyn Center may enter into an agreement with the State of Minnesota for the above -referenced project, and that the City of Brooklyn Center certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the park property for uses consistent with the funding grant program into perpetuity. NOW, THEREFORE, BE IT RESOLVED by the City Council, of the City of Brooklyn Center, the CITY MANAGER is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. April 9, 2018 Date Mayor ATTEST: City Clerk RESOLUTION NO. 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_ 6i DATE: April 9, 2018 TO: oganey, City Manager THROUGH: Meg Beekman, Community Development Director `" FROM: Ginny McIntosh, City Planner/Zoning Administrator % SUBJECT: Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2018-003, Submitted by David Pemberton of Sathre-Bergquist, Inc., Requesting Approval of the Preliminary Plat for Mohs Addition (Located at 5006 France 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. 2018-003, submitted by David Pemberton of Sathre-Bergquist, Inc., for approval of the Preliminary Plat for Mohs Addition, subject to the Applicant complying with the conditions of approval as noted in the Planning Commission Staff Report dated March 29, 2018 (attached). Background: On March 29, 2018, the Planning Commission conducted a public hearing on Planning Commission Application No. 2018-003, submitted by David Pemberton of Sathre-Bergquist, Inc., for approval of the Preliminary Plat for Mohs Addition, which would subdivide an existing 0.46 acre lot into two, approximately 9,982 -square foot lots. As proposed, an existing detached garage would need to be removed as it would straddle the proposed new lot line. Additionally, any existing driveway that encroaches onto the other lot would need to be removed, and a new driveway curb cut and driveway would need to be installed on the northern property (proposed Lot 1). 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. Upon close of the public hearing, the Planning Commission voted unanimously (5-0) in favor of the recommendation. Attached for your review are copies of the Planning Commission Report for Planning Commission Application No. 2018-003, a copy of the Preliminary Plat for Mohs Addition, a copy of Planning Commission Resolution No. 2018-003 (Resolution Regarding Recommended Disposition of Planning Commission Application No. 2018-003 Submitted by David Pemberton of Sathre-Bergquist, Inc, Requesting Approval of the Preliminary Plat for Mohs Addition (Located at 5006 France Avenue North)), and the draft Council resolution. Our Vision: YVe envision Brooklyn Center as a thriving, diverse community with a fzdl 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 Budget Issues: There are no budget issues to consider. Strategic Priorities: ® Targeted Redevelopment Our Vision: YPe envision Brooklyn Center as a thriving, diverse comnnrnity with a fill range of housing, business, cultural and recreational offerings. It is a safe and inclusive place drat people of all ages love to call hone, and visitors e1 joy 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. 2018-003, SUBMITTED BY DAVID PEMBERTON OF SATHRE-BERGQUIST, INC., REQUESTING APPROVAL OF THE PRELIMINARY PLAT FOR MOHS ADDITION (LOCATED AT 5006 FRANCE AVENUE NORTU) WHEREAS, Planning Commission Application No. 2018-003 was submitted by David Pemberton of Sathre-Bergquist, Inc. on behalf of property owner Michael Mohs of A&M Estate Services, LLC, requesting approval of a Preliminary Plat for a new subdivision to be titled MOHS ADDITION, which would subdivide an existing 0.46 acre (19,926 -square feet) lot into two approximately 9,982 -square foot lots, respectively, and WHEREAS, on March 29, 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 MOHS 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. 2018-003, that said plat is in general conformance with the City of Brooklyn Center's City Code Chapter 15 — Platting; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center, Minnesota, does hereby recommend that Application No. 2018-003, as submitted by David Pemberton of Sathre-Bergquist, Inc. and requesting Preliminary Plat consideration for a new subdivision to be titled MOHS ADDITION, may be approved based upon the following conditions: Provide driveway curb cut and driveway access to the northern property (proposed Lot 1). As part of this request, the Applicant/Property Owner will need to: a. Apply for a Driveway Permit from the City Public Works Department. Said permit shall be applied for at or before time of final plat recording with Hennepin County. 2. Remove the existing detached garage and all driveway that encroaches onto the north lot (proposed Lot 1). A demolition permit for the existing detached garage shall be applied for with the City at or before time of final plat recording with Hennepin County. a. Construction of a new garage requires compliance with City Code, including, but not limited to: setback, height, minimum accessory to primary building distance, maximum accessory structure square footage, and any building permit approval requirements. RESOLUTION NO. 2018 - As part of Final Plat approval, Mylar copies shall be in substantial conformance with the referenced plans, unless modified by any staff recommended conditions. As part of this process, the Applicant shall: i. Update the Engineer signature block to reflect a "2018" date, rather than a "2017" date on the submitted plat; ii. Provide two Mylar copies as part of final plat approval; and iii. Provide an updated certified abstract of title or registered property report to the City Attorney or City Planner for review at time of final plat application (within 30 days of release of final plat). 4. Comply with all other recommendations as noted in the Assistant City Engineer's memorandum dated March 20, 2018 (Exhibit C) or as required by Hennepin County. 5. The Final Plat shall be subject to the provisions of Chapter 15 of the City Ordinances. ATTEST: April 9, 2018 Date City Clerk Mayor 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. ('�`�F7T�� R_ Planning Commission Re OTS � A.PPlication Filetl: 02/2fi/2O18 P . Review P¢riod (60 -day) Deatlline: 04/27/2018 Meeting Date: March 29, 2018 Ext¢nslon Declared: N/A . Extended R¢vl¢w Period Deadline: N/A INTRODUCTION David Pemberton of Sathre-Berqulst, Inc. ("the Applicant"), Is seeking Preliminary and Final Plat approval on behalf of property owner Michael Mohs of AR<M Estate Services, LLC, to subdivide a currently un - platted residential property located at 5006 France Avenue North ("the SubJect Property") Into two (2) new lots, to be known as Mohs Addition (Exhibit A). As part of the application process, a public hearing was scheduled with the Planning Commission far March 29, 2018, as published in the Brooklyn Center Sun Poston March 15, 2018 (Exhibit B), and notices were mailed to surrounding property owners. ANALYSIS The Subject Property Is approximately 0.46 acres In size (19,926 square feet), and situated in She Rl (One Family) Zoning District. Existing site improvements include a single-family house constructed in 1990, a detached two -car garage, a gravel driveway, shed, and deck structure (see Map 1 and Image 1 below). '��1! P �, Y �. ��f r (. q�jJti ��_, �r�l �_^ac—� ,_ j=` �T ?ti .y.a r P• _ .�� �— - �_ ).:. r) r' � � i { c� 4 - APP- No. 2016-003 P< 03/29/2018 v¢a¢ 1 Imag¢ 1 ExISCing house, tletacFed garag¢, and driveway at 5006 France Avenu¢ North (Courtesy of Google Meps). The Subject Property is surrounded by R3 -zoned properties f0 the north and east, R4 -zoned townhomes to the south, antl 12 (General Industry) and PUD -R3 (Planned Unit Development -One Family Residence) zoned properties to the west. As proposed, the Applicant would subdivide the 150 -foot wide property into two (2) 75 foot wide by 133 foot deep lots. Per the minimum distritt requirements under Section 35-400 (Table of M/nJmum D/str/ci Requiremenrs), the minimum lot width for an Rl-zoned interior lot Is 75 feet. Additionally, the minimum land area for an Rl (One Family) Interior lot Is 9,500 -square feet per unit. Based on the Preliminary Plat of Mohs Addition, the two lots would be approximately 9,982 -square feet, respectively. With regard to the minimum required building setbacks, the building setbacks for R3 (One Family] interior lots per the City Zoning Code are as follows: Front Yard: 35 fee[ Sitle Interior Yard: 10 feet Rear Yard: 25 feet The building setbacks for the existing home, which would be located on Lot 1, are as follows: Proposed Lot 1 !North Lotl Front Yard: 47.4 feet Side Interior Yard: 10 feet Rear Yartl: 51.2 feet App. No. 2018-003 PC 03/29/2018 Page 2 .�, �-��-� Although there are no immediate plans to construct a house on proposed Lot 2 (South Lot) at this time, the Applicant has indicated on the preliminary plat that construction of a single family home with an attached one -car garage would meet the setback requirements identified in Chapter 35 (Zoning OrdLnonce). In reviewing the adjacent lots (see Map 1 above), the proposed lots would be of comparative size with the neighboring R3 -zoned lots. ASSISTANT CITU ENGINEER'S REVIEW Assistant City Engineer Andrew Hogg provided a series of recommendations as part of any positive plat approval. These recommendations are ouSlinetl In his memorandum dated March 20, 2015, and as attached hereto as Exhibit C. FINDINGS Upon review of the submitted preliminary plat, ft appears the plat would meet the minimum requirements as established under Chapter 15 (P/ott/ng), and Chapter 35 (Zon/ng Ordinonre). As a condition of any approval, the existing detached garage would need to be either relocated or demolished, as it would straddle the property lines of proposed Lots 1 and 2. Additionally, any portion of the existing driveway that encroaches over the new property Ilne would need to be removed. A new access drive would need to be Installed on the north lot as a minimum of two off-street parking spaces is requl red per dwelling unit. This driveway would neetl to be constructed so as to meet all City Code requirements. RECOMMENDATION Staff recommends the following wntlitio ns be attached to any positive recom mentlation on the approval of Planning Commission Application No. 2018-003 for the Subject Property located at 5006 France Avenue North: 1. Provide driveway curb cut and driveway access to the northern property (proposed Lot 1). As part of this request, the Applicant/Property Owner will neetl to: a. Apply fora Driveway Permit from Public Works. Sold permit shall be applied for by time of final plat recording with Hennepin County. 2. Remove the existing detached garage and all driveway that encroaches onto the north lot (proposed Loi 1). a. Construction of a new garage requires complla nce with City Cotle, including, but not limited to: setback, height, minimum accessory to primary distance, maximum accessory structure square footage, and any building permit approval requirements. b. The Applicant/Property Owner will need to obtain a demolition permit from the City prior to any demolition of the existing detachetl garage. 3. As part of final plat approval, Mylar copies shall be in substantial conformance with the referencetl plans, unless modified by any staff recommended conditions. As part of this process, the Applicant shall: i. Update the Engineer signature block to reflect a "2018" tlate, rather than a "2017" date on the submitted plat; App. No. 2018-OD3 PC 03/29/2D18 Page 3 ii. Provide two mylar copies as part of final plat approval; antl iii. Provide an updated certified abstract of title or registeretl property report to the City Attorney or City Planner for review at time of final plat application (within 30 days of release of final plat). 4. Comply with all other recommendations as noted in the Assistant City Engineer's memorandum dated March 20, 2018 (Exhibit C). Based on the above -noted f/ndings siofjrecommends The P/onn/no Cgmmisslon r¢commends Clty Counc!/ approval of the requested preliminary plat for Mahs Add/t/on subject to the App/lcant complying with the comments out/fined In fhe Assistant City Engineer's m¢morandum dated March 20, 2018 (Exh/b/[ CJ, and cand/t/ons of opprovof, as noted above. Should the Planning Commission accept these recommendations, the Commission may elect to adopt the draft resolution attached as Exhibit D. ATTACHMENTS Exhibit A- Preliminary Plat of Mohs Addition, prepared by SatM1re-Bergquist, Inc, dat¢d February 6, 2018. Exhibit B- Public Hearing Notice for 5006 France Avenue North, as published in the Brooklyn Center Sun Post on March 15, 2018. Exhibit C- Public Works Preliminary and Final Plai Review Memorandum for 5006 France Avenue N, prepared by Assistant City Engineer Andrew Hogg, dated March 20, 2018. Exhibit D- Oran Resolution for Preliminary Piat of Mohs Addi[fon (5006 France Avenue North). App. No. 2018-003 PC 03/29/2018 Page 4 � ' .. 1 `ce e � is �.. fie. S � i.. 7 �._ � �F� �e _ F e .�. - r F. Jae"-_b.+e,a'"" _ s� .x x'+. � e e e e ��' ! �F I _ � - a ..m `F - -_ -.1 Fe F+ f e `^�(� F t as gayp � `,i �; a:i mep`e� � ip fa \ .. EIBp \��� 1� �i i� � _ � i e�.. _ e � is88 __j- � .......w...__ , eoi � r _ ___—_ .� : <.. �. 2'ti, mer ./-_t.�,g - �3/:"a /j :��e ,�� � \G �� ! "� a�l .. is _ _ e •' __ � e. � � F F e 1 __ m t �t� w___! _..)--__� c eeI'� F ___�-- eg i _ e' ,; e I .,. —�F--�� `�� I r} F c E e, > FT— ' ��� r / '�� R • i • � ,� F ; i c _ __ WOoos � �a w o Ilr-I zwo 1� -_ i gg iie � e 6�Bpi9�iE:i����ia Fif �_ i 6.i � ISf�Itltliii�i�������� i __" `! $z f'iiBL Sl f�Ai������a� 2� �[ n i u ;e yj �a cc :; ;i sc 4 .a a8 v§ P. Exhibit B CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING TO WHOM 1T MAY CONCERN: Please, take notice that the Plan- ning Commission of the City of Brooklyn Center will hold a public hearing on Thursday, March 2.9, 2018, at approximately 7:00 p.m., at Brooklyn Center City Hall, locat- ed at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. Adefi- nife time for this. application tc: be considered cannot be given as it will depend on the progression of the agenda items. TYPE OF REQUEST. Preliminary Plat of Mohs Addition PETITIONER: David Pemberton (Sathre-Bergquist, Inc.) PROPERTY NAMED IN THE PE- TfTION: 5000 France Avenue North PROPERTY ID: 10-118-21-13-0005 LEC'AL- DESCRIPTION: East 133.03 feet of the West 163.03 feet of the North 150.00 feet of the South 333.00 feet of the Northwest Quarter of the Southvvest Quarter of the Northeast Quarter of Section 10, Township 11 "o, Range 21. BRIEF STATEMENT OF CON- TENTS OF PETrFION: The Appli- cant is requesting the following approval: 1. Preliminary Plat approval of Mohs Addition, which would sub- divide the existing 19,965 -square toot lot into two (2)lots: a. Lot 1 -Approximately 9,982 square feet b. Lot 2- Approximately 9,982 square feet These requests are associated with the Applicant's plans to cre- ate a second R1 -zoned lot on a currently vacant portion of Subject Property. As part of this request, an existing detached garage would require removal due to its location across the proposed new, lot line. Questions, comments, state- ments of support or objections should be directed to City Planner Zoning Administrator Ginny Mcln- t0sh at (763) 569-3319 or email to gill cintoshQci.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-- rnents. Respectfully, Ginny Mcintosh City Planner 1 Zoning Administrator Published in the Brooklyn Center Sun Post March 15, 2018 792.510 Exhibit C MEMORANDUM DATE: March 20, 2018 TO: Ginny McIntosh, City Planner and Zoning Administor FROM: Andrew Hogg. Assistant City Engineering SUBJECT: Public Works —Preliminary and Final Plat Review for 5006 France Ave N Public Works Department staff reviewed the preliminary plat and final plat submittals dated March 19, 2018, for the proposed MOHS ADDITION and provide the following recommendations: General: 1. Provide driveway curb cut to northern property. Must apply for Driveway Permit from public works. 2. Remove existing garage and driveway that encroaches on to north lot. 3. No negative impacts on adjacent properties. 4. Submit two mylar copies of the final plat signed by the surveyor and owner. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The preliminary plan (and final plat must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plat may require additional modifications based on the City Engineer and other public officials having jurisdiction over approval of the final site plans. Exhibit D Commissioner introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2018-004 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-003 SUBMITTED BY DAVID PEMBERTON OF SATHRE-BERGQUIST, INC, REQUESTING APPROVAL OF THE PRELIMINARY PLAT FOR MOHS ADDITION (LOCATED AT 5006 FRANCE AVENUE NORTH) WHEREAS, Planning Commission Application No. 2018-003 was submitted by David Pemberton of Sathre-Bergquist, Inc, on behalf of property owner Michael Mohs of A&M Estate Services, LLC, requesting approval of a Preliminary Plat of a new subdivision to be titled MOHS ADDITION, which would subdivide an existing 0.46 acre (19,926 -square feet) lot into two, approximately 9,982 -square foot lots, respectively, and WHEREAS, on March 29, 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 MOHS 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. 2018-003, that said plat is in general conformance with the City of Brooklyn Center's City Code Chapter 15 — Platting; and NOW, THEREFORE, BE IT RESOLVED that the Planning Advisory Commission of the City of Brooklyn Center, Minnesota, does hereby recommend to the City Council that Application No. 2018-003, as submitted by David Pemberton of Sathre-Bergquist, Inc, and requesting Preliminary Plat consideration of a new subdivision to be titled MOHS ADDITION, may be approved based upon the following conditions: 1. Provide driveway curb cut and driveway access to the northern property (proposed Lot 1). As part of this request, the Applicant/Property Owner will need to: a. Apply for a Driveway Permit from Public Works. Said permit shall be applied for by time of final plat recording with Hennepin County. 2. Remove the existing detached garage and all driveway that encroaches onto the north lot (proposed Lot 1). a. Construction of a new garage requires compliance with City Code, including, but not limited to: setback, height, minimum accessory to primary distance, maximum accessory structure square footage, and any building permit approval requirements. b. The Applicant/Property Owner will need to obtain a demolition permit from the City prior to any demolition of the existing detached garage. PC RESOLUTION NO. 2018-004 As part of final plat approval, mylar copies shall be in substantial conformance with the referenced plans, unless modified by any staff recommended conditions. As part of this process, the Applicant shall: i. Update the Engineer signature block to reflect a "2018" date, rather than a "2017" date on the submitted plat; ii. Provide two mylar copies as part of final plat approval; and iii. Provide an updated certified abstract of title or registered property report to the City Attorney or City Planner for review at time of final plat application (within 30 days of release of final plat). 4. Comply with all other recommendations as noted in the Assistant City Engineer's memorandum dated March 20, 2018 (Exhibit Q. 5. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. ATTEST: March 29, 2018 Date Randall Christensen, Chair Ginny McIntosh, Secretary 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 DATE: April 3, 2018 TO: 06 ganey, City Manager THROUGH: A-adcote, P.E., Director of Public Works FROM: Andrew Hogg, P.E., Assistant City Engineer SUBJECT: Proclamation Declaring April 22-29, 2018, to be Community Cleanup Week Recommendation: It is recommended that the City Council consider adoption of a proclamation declaring April 22- 29, 2018, as Community Cleanup Week. Background: Brooklyn Center will celebrate the 17�h annual "Great Shingle Creels Watershed Cleanup" which this year has been renamed to the Community Cleanup. Beginning Sunday, April 22, 2018, through Sunday, April 29, 2018, hundreds of volunteers from Plymouth to the Mississippi River will line the banks of Shingle Creels, as well as City parks, trails and streets, picking up everything from pop cans and auto parts to building materials and household appliances. The Community Cleanup meets one of the public involvement and participation requirements of the federally mandated National Pollutant Discharge Elimination System (NPDES) permit for Brooklyn Center. The event not only educates people that trash and other contaminants in the streets, parks and shorelines eventually end up in our lakes, rivers and streams, but also provides opportunities for the public to become involved in the protection of water quality. Many of the groups affiliated with the Brooklyn Center Adopt -a -P ark/Trail/Street/F lower Garden Programs will concentrate on a cleanup of their assigned sites during the week. Groups and individuals not already connected with a park, trail or street will be assigned to a nearby park, creek, open space or parkway to pick up trash and debris, On Sunday, April 22, 2018, Brooklyn Center City officials and employees will be distributing trash bags and cotton gloves as well as refreshments at Centennial Park Amphitheater to kick off the official cleanup and to commemorate Earth Day. More than 75 volunteers are expected to participate in the week-long event. Budget Issues: The American Legion and the Sons of the American Legion have provided a $200 contribution towards expenses for the Community Cleanup event. Additional funding for the event is included in the 2018 budget under the Storm Drainage Utility operating budget. Strategic Priorities: ® Enhanced Community Image Orn- Vision: We envision Brook/,'n Center- as a thrivi;rg, diverse conrnnrnily with a.jir// ranee afhousing, business, cultural and recreational o%Prings, It is a sr jr and inclusive Phase that People of all ages love to call home, and visitors enjgv dere to its ConV(en ent location and corrrrrritnent to it health -v enlvironnicni PROCLAMATION DECLARING APRIL 22-29, 2018, TO BE COM14UNITY CLEANUP WEEK WHEREAS, The City of Brooklyn Center is dedicated to preserving and protecting the water resources in our watersheds; and WHEREAS, Litter and trash can be washed into our lakes, rivers and streams, polluting the water and clogging the City's storm water drainage system.; and WHEREAS, Citizens can take an active role in protecting water resources bypicking up litter and trash and keeping our streets, parks, neighborhoods and community clean; and WHEREAS, The City of Brooklyn Center's annual event "The Community Cleanup" will take place April 22, 2018. NOW, THEREFORE, I, AS MAYOR OF THE CITY OFBROOKLYNCENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: April 22-29, 2018, to be Community Cleanup Week. 2. The City Council hereby reaffirms its commitment to protecting and preserving our water resources and encourages residents, businesses and institutions to use the Community Cleanup Week 2018 to help prevent water pollution and preserve our watersheds by participating in a cleanup event or by using this time to pick up trash and cleanup our homes, businesses, streets, neighborhoods and community. %l 9, 2018 Date Mayor Council Members ATTEST: City Clerk City Council Agenda Item No_ 7b COUNCIL ITEM MEMORANDUM DATE: April 3, 2018 TO: Boganey, City Manager THROUGH: 06xan Cote, P.E., Director of Public Works FROM: Andrew Hogg, P.E., Assistant City Engineer SUBJECT: Proclamation Declaring April 22, 2018, as Earth Day in Brooklyn Center Recommendation: It is recommended that the City Council consider adoption of a proclamation declaring April 22, 2018, as Earth Day in Brooklyn Center. Background: The name and concept of Earth Day was pioneered in 1970 in the United States. It is an annual day on which events are held worldwide to demonstrate support for environmental protection. This day of nature's balance was later sanctioned in a Proclamation at the United Nations, eventually going international in 1990. Today, more than 192 countries coordinate and celebrate Earth Day every year. Brooklyn Center recognizes Earth Day on Sunday, April 22, 2018, by taking part in celebratory events such as the Community Cleanup. The Community Cleanup takes place on Sunday, April 22, 2018, from 1:00 to 4:00 p.m. and will commence by gathering at Centennial Park Amphitheater. Budget Issues: There are no budget issues to consider with this proclamation. The American Legion and the Sons of the American Legion have provided a $200 contribution towards expenses for the Community Cleanup event. Additional funding for the event is included in the 2018 budget under the Storm Drainage Utility operating budget. Strategic Priorities: • Enhanced Community Image Our Vision: PVe 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 erhjoy due to its convenient location and commitment to a healthy environment PROCLAMATION DECLARING APRIL 22, 2018, TO BE EA R TH DA Y IN BR 0 OKL YN CENTER WHEREAS, A sound natural environment is the foundation of a healthy society; and a robust economy; and WHEREAS, Local communities can do much to reverse environmental degradation and contribute to building a healthy society by addressing such issues as energy conservation, waste prevention and sustainable practices; and WHEREAS, Earth Day 2018 offers an unprecedented opportunity to commit to building a healthy planet and flourishing communities. NOW, THEREFORE, I, ASMAYOR OF THE CITYOFBROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: ATTEST: 1. April 22, 2018, to be Earth Day in the City of Brooklyn Center. 2. The City of Brooklyn Center commits itself to undertaking programs and projects that enhance the community's natural environment. 3. The City Council hereby reaffirms its commitment and encourages residents, businesses and institutions to use Earth Day 2018 to celebrate the Earth and to commit to building a sustainable society by initiating or expanding existing programs which improve energy efficiency, reduce or prevent waste and promote recycling. Argil 9, 2018 Date City Clerk Mayor Council Members City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: April 3, 2018 TO:oganey, City Manager THROUGH: an Cote, P.E., Director of Public Works FROM: Andrew Hogg, RE, Assistant City Engineer SUBJECT: An Ordinance Amending Chapter 25 of the City Code of Ordinances Relating to the Regulation of Right -of -Way Management Recommendation: It is recommended that the City Council consider approval of an Ordinance Amending Chapter 25 of the City Code of Ordinances Relating to the Regulation of Right -of -Way Management. Background: Significant changes in the wireless industry and its related shared wireless infrastructure, along with consumer demand for fast and reliable service on mobile devices, have fueled a frenzy of requests for large and small cell site development and/or deployment. As a part of this, cities find themselves facing cell industry arguments that federal law requires cities to approve tower siting requests. Private for-profit small cell wireless (SCW) carriers represent the continuation of their nationwide goal to limit cities' authority to protect the public interest and to influence where SCW technology is installed. The effort also seeks to circumvent Federal and State courts that have consistently agreed that local governments retain their regulatory authority and, when faced with malting decisions on placement of towers, antenna or new telecommunication service equipment on city facilities, that cities have the same rights as private individuals have to deny or permit placement of a cellular tower on their property. In Minnesota, to clear up confusion about whether wireless providers represent telecommunications right-of-way users under state law and to address concerns about deployment of small wireless technology, the Legislature amended Minnesota's Right -of -Way User statutes, or Minnesota ROW Law, in the 2017 Legislative Session to specifically address small wireless facilities and the support structures on which those facilities may attach. Because of these amendments, effective May 31, 2017, additional specific state statutory provisions apply when cities, through an ordinance, manage their rights-of-way, recover their right-of-way management costs (subject to certain restrictions) and charge rent for attaching to city -owned structures in public rights-of-way. Rent, however, is capped for collocation of small wireless facilities. State law defines "collocate" or "collocation" as a means to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit. Our Vision: We envision Brooklyn Center as a thriving, diverse communi>y ivith a full range of housing, business, cultural and recreational offerings. It is a safe and inchisive place that people of all ages love to call home, and visitors er joy due to its convenient location and commitment to a healthy environment COUNCIL ITEM MEMORANDUM Because of the recent significant changes in state law and specific requirements for deployment of small wireless facilities that do not apply to other telecommunications right-of-way users, cities should work with their City Attorneys to review and update their ordinances. City staff has been working with the City Attorney to revise the Right -of -Way Ordinance to meet the requirements of the state statues regarding right-of-way while still protecting the City rights to manage their own right-of-way. The Planning Commission reviewed the ordinance revisions at the Commission's March 1, 2018, meeting. The Planning Commission has an understanding of the need for the ordinance revision and had no recommendations. Consistent with the City Charter, at its March 12, 2018, meeting, the City Council approved the first reading of this ordinance and notice of the Public Hearing was published in the official newspaper on March 22, 2018. The second reading and Public Hearing are scheduled for April 9, 2018. If adopted by the City Council, the ordinance would be effective after thirty days following legal publication. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community Our Vision: We envision Brooklyn Center as a thriving, diverse cornnunio, ivith 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 dire to its convenient location and commitment to a healthy environment CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 9th day of April, 2018, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 25 of the City Code of Ordinances Relating to the Regulation of Right -Of -Way Management. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to malce arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY CODE OF ORDINANCES RELATING TO THE REGULATION OF RIGHT-OF-WAY MANAGEMENT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code, Chapter 25 is amended by deleting the „tree en laiigpage and inserting the double -underlined language as follows: RIGHT-OF-WAY MANAGEMENT Section 25-1000. FINDINGS AND PURPOSE. To provide for the health, safety and well-being of its citizens, and to ensure the structural integrity of its streets and the appropriate use of the rights-of-way, the City strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the rights-of-way, a primary cause for the early and excessive deterioration of its rights-of-way is frequent excavation. Right-of-way obstruction is a source of frustration for merchants, business owners and the general population which must avoid these obstructions or change travel or shopping plans because of them and has a detrimental effect on commerce. Persons whose facilities are within the right-of-way are the primary cause of these frequent obstructions. The City holds the rights-of-way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the rights-of-way. It also recognizes that some persons, by placing their facilities in the right-of-way and charging the citizens of the City for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and/or profit through their use of public property. ORDINANCE NO. In response to the foregoing facts, the City has enacted this Right -of -Way Management Ordinance relating to right-of-way permits and administration. This Ordinance imposes reasonable regulations on the placement and maintenance of facilities currently within its rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this ordinance, persons disturbing and obstructing the rights-of-way will bear a fair share of the financial responsibility for their integrity. Finally, this Ordinance provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way. Section 25-1001. DEFINITIONS. The following definitions apply to the Right -of -Way Management Ordinance of this Code. Unless used in a context which indicates otherwise, defined terms remain defined terms whether or not capitalized. a. "Applicant" means any person requesting permission to excavate or obstruct a right- of-way. b. "City" means the City of Brooklyn Center, Minnesota. For purposes of Section 25- 4-G61027, city includes its elected officials, officers, employees and agents. C. "Collocate" or "Collocation" means to install mount maintain, modify, operate or replace a small wireless facility on, under, within, or adiacent to an existing wireless support structure or utility pole that is owned privately, or by the city or other governmental unit. d. "City Cost" means the actual cost incurred by the City for public rights-of-way management; including but not limited to costs associated with registering applicants; issuing, processing, and verifying right-of-way permit applications; creating information and maintaining information on a geographical information system (GIS) mapping system; degradation costs; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during public right-of-way work, providing traffic control due to applicant's neglect or inadequate performance; determining the adequacy of right-of-way restoration; restoring wort{ inadequately performed; and revolting right-of-way permits and performing all other tasks required by this Right of Way Management Ordinance, including other costs the city may incur in managing the provisions of this Right of Way Management Ordinance. e. "Construction Performance Bond" means any of the following forms of security provided at the permittee' s option: 1. Individual project bond; 2. Cash deposit; 3. Security of a form listed or approved under Minn. Stat.,§ 15.73, subdivision 3; 4. Letter of credit, in a form acceptable to the Director; ORDINANCE NO. 5. Self-insurance, in a form acceptable to the Director; 6. A blanket bond for projects within the City, or 7. Other forms for a construction bond, for a time specified and in a form acceptable to the Director. f. "Degradation" means a decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. g. "Degradation cost" means the cost to achieve a level of restoration as determined by the City at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules 7819.9900 to 7819.9950. h. "Delay Penalty" means the penalty imposed as a result of unreasonable delays in right -of- way construction. "Department" means the Department of Public Works of the City. j. "Department Inspector" means any person authorized by the Director to carry out inspections related to the provisions of this Right of Way Management Ordinance. k. "Director" means the City Manager, or her or his designee. "Emergency" means a condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement in order to restore service to a customer. in. "Equipment" means any tangible asset used to install, repair, or maintain facilities in any right-of-way. n. "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of a right-of-way, except horticultural practices of penetrating the boulevard area to a depth of less than 12 inches. o. "Excavation Permit" means the permit which must be obtained before a person may excavate in a right-of-way. An excavation permit allows the holder to excavate that part of the right of way described in such permit. p. "Excavation Permit Fee" means money paid to the City by an applicant to cover the costs as provided in Section 25-4-991010. ORDINANCE NO. q. "Facility" means any tangible asset in the right-of-way required to provide Utility Service, but shall not include boulevard plantings or gardens planted or maintained in the right of way between a person's property and the street edge or curb. "In," when used in conjunction with "right-of-way;" means over, above, in, within, on or under a right-of-way. S. "Local Representative" means a local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this Right -of - Way Management Ordinance. t. "Management Costs" means the actual costs the city incurs in managing its rights- of-way including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting or moving user facilities during right-of-way_ work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revolting right-of-way or small wireless facility permits. Management costs do not include payment by a telecommunications right -of --way user for the use of the right- of-way, unreasonable fees of a third -party contractor used by the city including fees tied to or based on customer counts. access lines, or revenues generated by the right-of-way or for the city, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota Statutes Sections 237.162 or 237.163; or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to Section 1.30 of this chapter. u. "Obstruct" means to place any object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. v. "Obstruction Permit" means the permit which must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way by placing equipment described therein on the right-of-way for the duration specified therein. w. "Obstruction Permit Fee" means money paid to the City by a registrant to cover the costs as provided in Section 25-444 1010. x. "Permittee" means any person to whom a permit to excavate or obstruct a right-of- way has been granted by the City under this Right of Way Management Ordinance. ORDINANCE NO. y. "Person" means any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity which has or seeks to have equipment in any right-of-way. z. "Public Right of Way" or "Right of Way" means the area on below. or above a public roadway, highway street cartwav bicycle lane or public sidewalk in which the city has an interest including other dedicated rights-of-way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other nonwire telecommunications or broadcast service. aa. "Registrant" means any person who (1) has or seeks to have its equipment located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or any equipment in the right-of-way. bb. "Repair" means the temporary construction work necessary to make the right-of- way useable for travel. cc. "Restore or Restoration" means the process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition that existed before the commencement of the work. dd. "Restoration Cost" means an amount of money paid to the City by a permittee to cover the cost of restoration. ff. "Right -of -Way Management Ordinance" means Sections 25-1000 through 25-1032 of this Code. gg. "Right -of -Way Permit" means either the excavation permit or the obstruction permit, or both, depending on the context, required by this Right -of -Way Management Ordinance. hh. "Right -of --Way User" means: a. A telecommunications right-of-way user as defined by Minn. Stat. § 237.162, subdivision 4; or INT Mom ff. "Right -of -Way Management Ordinance" means Sections 25-1000 through 25-1032 of this Code. gg. "Right -of -Way Permit" means either the excavation permit or the obstruction permit, or both, depending on the context, required by this Right -of -Way Management Ordinance. hh. "Right -of --Way User" means: a. A telecommunications right-of-way user as defined by Minn. Stat. § 237.162, subdivision 4; or ORDINANCE NO. b. A person owning or controlling a facility in the public right-of-way that is used or is intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way. ii. "Service" or "Utility Service" includes but is not limited to (1) those services provided by a public utility as defined in .Minnesota Statutes 3 21613.02, Subdivisions 4 and 6; (2) telecommunications, pipeline, community antenna television, fire and alarm cornrnunications, water, electricity, light, heat, cooling energy, or power services; (3) the services provided by a corporation organized for the purposes set forth in Minnesota Statutes 3 300.03; (4) the services provided by a district heating or cooling system, and (5) cable communications systems as defined in Minnesota Statutes Chapter 238. J. "Small Wireless Facility' means a wireless facility 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 could fit within such an enclosure• and (ii) all other wireless equipment associated with the small wireless facility provided such equipment is in aggregate no more than 28 cubic feet in volume not including electric meters, concealment elements. telecommunications demarcation boxes, battery backup power systems. grounding equipment, bower 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. I& "Supplementary Application" means an application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that has already been issued. 11. "Telecommunications Right of Way User" means a person owning or controlling a facility_in the right-of-way, or seeking to own or control a facility in the right-of- way that is used or is intended to be used for providing wireless service. or transporting telecommunication or other voice or data information. For purposes of this chapter, a cable communication system defined and regulated under Minnesota Statutes Chapter 238 and telecommunication activities related to providing natural gas or electric energy services, whether provided by a public utility as defined in Minnesota Statutes, Section 216B.02, a municipality. a municipal gas or power agency organized under Minnesota Statutes, Chapter 453 and 453A, or a cooperative electric association organized under Minnesota Statutes, Chapter ORDINANCE NO. 308A, are not telecommunications right-of-way users for purposes of this chapter except to the extent such entity is offering wireless service. min. "Unusable Facilities" means facilities in the right-of-way which has remained unused for one year and for which the registrant is unable to provide proof that it has either a plan to begin using it within the next twelve (12) months or a potential purchaser or user of the facilities. nn. "Utility Pole" means a pole that is used in whole or in part to facilitate telecommunications or electric service. oo. "Wireless Facility" means equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including equipment associated with wireless service a radio transceiver, antenna. coaxial or fiber-optic cable regular and backup power supplies or a small wireless facility, but not including wireless support structures wireline backhaul facilities, or cables between utility poles or wireless support structures or not otherwise immediately adjacent to and directly associated with a specific antenna. pp. "Wireless Service" means any service using licensed or unlicensed wireless spectrum including the use of Wi-Fi whether at a fixed location or by means of a mobile device that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended including cable service. qq. "Wireless Support Structure" means a new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities as reasonably determined by the city. Section 25-1002. ADMINISTRATION. The City Manager is the principal City official responsible for the administration of the rights-of-way, right-of-way permits, and the ordinances related thereto. The Manager may delegate any or all of the duties hereunder. Section 25-1003. REGISTRATION AND RIGHT-OF-WAY OCCUPANCY. Subdivision 1. Registration. Each person who occupies, uses, or seeks to occupy or use, the right-of-way or any facilities in the right-of-way, including by lease, sublease or assignment, or who has, or seeks to have, facilities are any right-of-way must register with the Director. Registration will consist of providing application information and paying a registration fee. A person who pays a franchise fee to the City in accordance with a franchise agreement shall be exempt from the payment of permit fees if so provided in the franchise. If the work is to be performed by an agent, contractor or subcontractor on behalf of a registrant, such application shall also be signed or pre -authorized by the registrant. ORDINANCE NO. Subdivision 2. Registration Prior to Work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof in any right-of-way without first being registered with the Director. Subdivision 3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb provided and such use is subject to the use of the right-of-way by the City or other Persons for installation and maintenance of facilities. Persons planting or maintaining boulevard plantings or gardens or installing or operating irrigation systems shall not be deemed to use or occupy the right-of- way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this Right -of -Way Management Ordinance. However, excavations deeper than 12 inches are subject to the permit requirements of section 25-1006. Registration shall not be required for: a. Private driveways or walkways b. Sewer and water connections serving individual properties C. Equipment of private landowner which is within the right-of-way and between that owner's property and the street curb d. Signs e. Mailboxes f. Street furnishings g. Bus stop benches h. Bus stop shelter L Use by private landowners of utility easement areas for Facilities that are not inconsistent with the rights of parties entitled to use the easement Any Service or Utility Service, provided by a person under a franchise with the City shall register pursuant to this Section, but need not provide the registration information required by Section 25-1004 if such information has been received by the City in the administration of the franchise agreement. In addition, Persons acting as agents, contractors or subcontractors for a registrant which has properly registered or who is exempt from registration shall be exempt from registering under Section 25-1004. Section 25-1004. REGISTRATION INFORMATION. Subdivision 1. Information Required. The information provided to the Director at the time of registration shall include, but not be limited to: a. Each registrant's name, Gopher One -Call registration certificate number, address and e-mail address if applicable, and telephone and facsimile numbers. ORDINANCE NO. b. The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. C. Such other information as the City may require including, but not limited to, proof of adequate public liability insurance. Subdivision 2. Notice of Changes. The registrant shall keep all of the information listed above current at all times by providing to the Director information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change. Section 25-1005. REPORTING OBLIGATIONS. Subdivision 1. Operations. Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan with the Director. Such plan shall be submitted using a format designated by the Director and shall contain the information determined by the Director to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way. Reporting shall not be required for projects which are to be undertaken only in conjunction with city projects. The plan shall include, but not be limited to, the following information: a. The locations and the estimated beginning and ending dates of all Projects to be commenced during the next calendar year (in this Section, a "Next -year Project"); and b. The tentative locations and estimated beginning and ending dates for all Projects contemplated for the five years following the next calendar year (in this Section, a "Five Year Project"). The tern "project" in this Section shall include both Next -year Projects and Five- year Projects. By January 1 of each year the Director will have available for inspection in the Director's office a composite list of all Projects of which the Director has been informed in the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each registrant may change any Project in its list of Next -year Projects, and must notify the Director and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may at any time join in a Next -year Project of another registrant listed by the other registrant. Subdivision 2. Additional Next -year Projects. Notwithstanding the foregoing, the Director may, for good cause shown, allow a registrant to submit additional Next -year ORDINANCE NO. Projects. Good cause includes, but is not limited to, the criteria set forth in Section 25- 40441015 concerning the discretionary issuance of permits. Section 25-1006. PERMIT REQUIREMENT. Subdivision 1. Permit Required. Except as otherwise provided in this Code, no person may obstruct or excavate any right-of-way, or install orplace facilities in the right-of-way. without first having obtained the appropriate right-of-way permit from the Director to do so. a. Excavation permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing equipment described therein, to the extent and for the duration specified therein. b. Obstruction permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing facilities described therein on the right-of-way, to the extent and for the duration specified therein. An Obstruction Permit is not required if a Person already possesses a valid Excavation Permit for the same work period. C. Small wireless facility permit. A small wireless facility permit is required by -a registrant to erect or install a wireless support structure to collocate a small wireless facility or to otherwise install a small wireless facility in the specified portion of the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. d. Exceptions. A permit shall not be required for: a: 1. Signs b. 2. Mailboxes E 3. Street furnishings 47 4. Bus stop benches e: 5. Bus stop shelter f: 6. Use by private landowners of utility easement areas for Facilities that are not inconsistent with the rights of parties entitled to use the easement Subdivision 2. Permit Extensions. No person may work in or obstruct the right-of-way beyond the date specified in the permit or do any work beyond that specified in the permit unless such person makes a supplementary application for an extension or modification of the work specified in the permit before expiration of the permit, pays a permit extension fee and is granted a permit extension by the Director. The Director may extend the completion of scope of the work if the specified work could not be done because of circumstances beyond the control of the permit holder. ORDINANCE NO. Subdivision 3, Delay Penalty. Notwithstanding Subdivision 2 of this Section, even if a new permit or permit extension is granted, the Director shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, repair, or restoration. Subdivision 4. Permit Display. Permits issued under this Chapter shall be conspicuously displayed at all times at the indicated work site and shall be available for inspection by the Director. Subdivision 5. Antenna Support Structures. Except as otherwise provided. Nno permits will be issued for the erection of structures in the right-of-way for the sole purpose of supporting telecommunications antennas. Permits may be granted for the attachment of telecommunication antennas and ancillary wires and accessories to existing structures in the right-of-way, subject to the following conditions: a. The height of the antenna and related equipment may not extend more than six feet above the top of the previously existing support structure, and b. No antennas may be permitted that have associated or ancillary on -ground equipment in any residential district of the City, and c.The permission of the owner must be demonstrated, and d. Design and location of facilities are subject to review and approval of the Director. Section 25-1007. PERMIT APPLICATIONS. Application for a permit is made to the Director. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: a. Registration with the Director pursuant to this Chapter; b. Submission of a completed permit application form, including all required attachments, and scaled drawings showing the specific location and area of the proposed project and the detailed location of all existing and proposed equipment; c. Payment of all money due to the City for 1, permit fees and costs, and any required deposit; 2. prior obstructions or excavations; 3. any undisputed loss, damage, or expense suffered by the City because of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the City; ORDINANCE NO. 4. franchise fees, if applicable. d. When an excavation permit is requested for purposes of installing additional facilities, and the posting of a construction performance bond for the additional facilities is insufficient, the posting of an additional or larger construction performance bond for the additional facilities may be required. Section 25-1008. ISSUANCE OF PERMIT; CONDITIONS. Subdivision 1. Permit Issuance. If the Director determines that the applicant has satisfied the requirements of this Chapter, the Director shall issue a permit. Subdivision 2. Conditions. The Director may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the public health, safety and welfare, to ensure the structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the disruption and inconvenience to the traveling public. Subdivision 3. Small Wireless Facility Conditions. In addition to subdivision 2. the erection or installation of a wireless support structure. the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way. shall be subject to the all of the following conditions: a. A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. b. No new wireless support structure installed within the right-of-wav shall exceed 50 feet in height without the city's written authorization, provided that the city may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding 50 feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit. C. No wireless facility may extend more than 10 feet above its wireless support structure. d. Where an applicant proposes to install a new wireless support structure in the right-of-way, the city may impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right-of-way. ORDINANCE NO. e. Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities the city may impose reasonable requirements to accommodate the particular design, appearance, or intended purpose of such structure. f Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. Subdivision 4 Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the city, or any other city asset in the right-of-way. after the applicant has executed a standard small wireless facility collocation agreement with the city. The standard collocation agreement may require payment of the following: a. Up to $150 per year for rent to collocate on the city structure; b. $25 per year for maintenance associated with the collocation; C. A monthly fee for electrical service as follows: 1. $73 per radio node less than or equal to 100 maximum watts-, 2. $182 per radio node over 100 maximum watts; or 3 The actual costs of electricity, if the actual cost exceed the foregoing. The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect any then -existing agreement between the city and applicant, Subdivision 5. Standards for Construction or Installation. The requirements and standards for facility construction or installation are contained in the General Requirements as specified by the Director. The Director may assign or prohibit specific locations for facilities within the right-of-way, or any particular segment thereof, and may limit the height of above- ground facilities. All excavation, obstruction, or other permits issued by the Director involving the installation or replacement of facilities shall designate the proper location for the facility at issue. The Director may deny a permit application, as provided in Section 25-4414 1014, in the event the proposed location of such facilities is not consistent with the location required by the Director. The Director may revoke a permit, as provided in Section 25-1019, in the event the facilities are installed in a location that is inconsistent with the location designated in the applicable permit. ORDINANCE NO. Any registrant whose facilities were previously located in the right-of-way in a position at variance with the locations established by the Director shall, no later than at the time of the next reconstruction or excavation of the area where its facilities are located, move that facility to its assigned position within the right-of-way, unless this requirement is waived by the Director for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant. Section 25-1009. ACTION ON SMALL WIRELESS FACILITY PERMIT APPLICATION. Subdivision 1 Deadline for Action. The city shall approve or deny a small wireless facility permit application within 90 days after filing of such application. The small wireless facility permit and any associated building permit application, shall be deemed approved if the city fails to approve or deny the application within the review periods established in this Section. Subdivision 2. ConsolidatedApplications. An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to 15 small wireless facilities. or a greater number if agreed to by a local government unit. provided that all small wireless facilities in the application: a. Are located within a two-mile radius - Consist of substantially similar equipment: and c. Are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application. the city may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. Subdivision 3. Tolling of Deadline. The 90 -day deadline for action on a small wireless facility permit application may be tolled if: a. The city receives applications from one or more applicants seeking approval of permits for more than 30 small wireless facilities within a seven-day period. In such case. the city may extend the deadline for all such applications by 30 days by informing the affected applicants in writing of such extension. b. The applicant fails to submit all required documents or information and the city provides written notice of incompleteness to the applicant within 30 days of ORDINANCE NO. receipt the application. Upon submission of additional documents or information, the city shall have ten days to notify the applicant in writing of any still -missing information. C. The city and a small wireless facility applicant agree in writing to tolLthe review e Section 25 . PERMIT FEES. Subdivision 1. Excavation Permit Fee. The Excavation Permit Fee shall be established by the Director in an amount designed to recover the City Management Costs. Subdivision 2. Obstruction Permit Fee. The Obstruction Permit Fee shall be established by the director and shall be in an amount designed to recover the City Management Cost. Subdivision 3. Small Wireless Facility Permit Fee. The city shall impose a small wireless facility permit fee in an amount sufficient to recover. a. Management costs; and b. City engineering, make-ready, and construction costs associated with collocation of small wireless facilities. Subdivision 4. Deposit. The Director may require that a permit application be accompanied by a deposit, in addition to the Permit Fee and Construction Performance Bond, in an amount established by the Director in order to offset any City costs that exceed the amount covered by the Permit Fee. Such additional City costs may include, but are not limited to, inspection costs for consultants or independent contractors, legal fees, and other out of pocket expenses, degradation costs, or restoration costs. The permit fee will cover City staff time spent in the administration of the permit process and in inspection activities. The Director may require an applicant to submit a single deposit in an amount intended to cover all City costs which the Director determines may be incurred during the subsequent twelve (12) month period based on an applicant's construction and major maintenance plan filed in accordance with Section 25- 1005. The Director shall approve all expenses charged against the deposit, and the unused portion thereof shall be returned to the applicant. The Director may periodically require that the deposit amount be replenished as expenses are charged against the deposit. The permit application shall further state that the applicant agrees to reimburse the City for any City costs incurred by the City in excess of the amount of the deposit. Subdivision 5. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without payment of such fees before the issuance of such a permit. ORDINANCE NO. Subdivision 6. Non refundable. Permit fees that were paid for a permit that the Director has revoked for a breach as stated in Section 25-1019 are not refundable. Subdivision 7. Use of Permit Fees. All obstruction, and excavation, and small wireless facility permit fees shall be used solely for city management, construction, maintenance and repair costs of the right-of-way. Section 25-44 1011. RIGHT-OF-WAY REPAIR AND RESTORATION. Subdivision 1. Timing. The work to be done under the excavation permit, and the repair and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done as determined by the Director because of extraordinary circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under Section 25-1003. In addition to repairing its own work, the permittee must restore the general area of the work, and the surrounding areas, including the paving and its foundations, to the same condition that existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for twelve (12) months following acceptance by the city. Subdivision 2. Repair and Restoration. Permittee shall repair and restore its own work. The permittee shall at the time of application for an excavation permit post a construction performance bond in an amount determined by the Director to be sufficient to cover the cost of restoring the right-of-way to its pre -excavation condition. If, twelve (12) months after completion of the restoration of the right-of-way, the Director determines that the right-of-way has been properly restored, the surety on the construction performance bond shall be released. Permittees with whom the City has a current franchise agreement, or authorized agents, contractors, or subcontractors of that franchise shall not be required to post a construction performance bond. Subdivision 3. Standards. The permitted shall perform repairs and restoration according to the standards and with the materials specified by the Director. The Director shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis . The Director in exercising this authority shall be guided by the following standards and considerations. a. The number, size, depth and duration of the excavations, disruptions or damage to the right-of-way; b. The traffic volume carried by the right-of-way; the character of the neighborhood surrounding the right-of-way; ORDINANCE NO c. The pre -excavation condition of the right-of-way; the remaining life expectancy of the right-of-way affected by the excavation; d. Whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the right- of-way that would otherwise result from the excavation, disturbance or damage to the right-of-way; and e. The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right-of-way that would otherwise take place. Subdivision 4. Guarantees. The permittee guarantees its work and shall maintain it for twelve (12) months following its completion. During this 12 -month period it shall, upon notification from the Director, correct all restoration work to the extent necessary, using the method required by the Director. Said work shall be completed within five (5) calendar days of the receipt of the notice from the Director, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under Section 25-4-84-3-1014. Subdivision 5. Failure to Restore. If the Permittee fails to restore the right-of-way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all restoration required by the Director, the Director at its option may do such work. In that event the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond. Section. 25-4:Q 1012. JOINT APPLICATIONS. Subdivision 1. Joint Application . Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. Subdivision 2. With City Projects. Registrants who join in a scheduled obstruction or excavation performed by the Director, whether or not it is a joint application by two or more registrants or a single application, are not required to pay the obstruction portion of the permit fee for that part of the work which falls within the city project construction limits. The obstruction portion of the fee will be required for work which occurs outside of the city project construction limits and for work within such construction limits which is not completed by the city project completion date. Subdivision 3. Shared Fees. Registrants who apply for permits for the same obstruction or excavation, which the Director does not perform, may share in the- payment of the obstruction or excavation permit fee. Registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. Section 25-1014 1013. SUPPLEMENTARY APPLICATIONS. Subdivision 1. Limitation on Area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit, which shall not exceed one (1) lineal mile of right-of- way. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. The total area for which a permittee shall be permitted at any one time, pursuant to multiple permits or permit extensions, shall not exceed three (3) lineal miles of right-of-way. Subdivision 2. Limitation on Dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be done before the permit end date. Section 25-1013 1014. OTHER OBLIGATIONS. Subdivision 1. Compliance With Other Laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by any other City, County, State, or Federal rules, laws or regulations. A permittee shall comply with all requirements of local, state and federal laws, including Minnesota Statutes §§ 216D.01-.09 ("One Call Excavation Notice System"). A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work. Subdivision 2. Prohibited Work. Except in an emergency, and with the approval of the Director, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. Subdivision 3. Interference with Right -of -Way. A permittee shall not so obstruct a right- of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles may not be parked within or next to a permit area unless authorized by the Director. The loading or unloading of trucks next to a permit area is prohibited unless specifically authorized by the permit. ORDINANCE NO. Section 2544-1015. DENIAL OF PERMIT. Subdivision 1. The Director may deny a permit for failure to meet the requirements and conditions of this Right -of -Way Management Ordinance, if the Director determines that denial is necessary to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way or when necessary to protect the right- of -way and its current use. The Director, in -his/her discretion, may consider factors including: I a. the extent to which right-of-way space where the permit is sought if available; b. the competing demands for the particular space in the right-of-way; C. the availability of other locations in the right-of-way or in other rights-of-way for the equipment of the permit application; d. the applicability of ordinance or other regulations of the right-of-way that affect location of equipment in the right-of-way; e. the degree of compliance of the applicant with the terms and conditions of its franchise, this Right -of -Way Management Ordinance, and other applicable ordinances and regulations; f. the degree of disruption to surrounding communities and businesses that will result from the use of that part of the right-of-way; g. the condition and age of the right-of-way, and whether and when it is scheduled for total or partial reconstruction ; and h. the balancing of the costs of disruption to the public and damage to the right-of- way, against the benefits to that part of the public served by the expansion into additional parts of the right-of-way. i. If, in the discretion of the Director, the issuance of a permit for the particular date and/or time would cause a conflict or interfere with an exhibition, celeb ration, festival, or any other event. Subdivision 2 Procedural Requirements The denial or revocation of a permit must be made in writing and must document the basis for the denial. The city must notify the applicant or ri&ht of way user in writing within three business days of the decision to deny or revoke a permit If an application is denied the right -of --way user may address the reasons for denial identified by the city and resubmit its application If the application is resubmitted within 30 days of receipt of the notice of denial no additional application fee shall be imposed. The city must approve or deny the resubmitted application within 30 days after submission. ORDINANCE NO. Section 25-1811016. INSTALLATION REQUIREMENTS. The excavation, backfilling, repair and restoration, and all other work performed in the right-of-way shall be done in conformance with the Brooklyn Center Standard Design Plates as promulgated by the Director and at a location as required by Section 25-1021. Section 25-1016 1017. INSPECTION. Subdivision 1. Notice of Completion. The permittee shall notify the Director upon the completion of the work under any permit and at any stage of the work of the project specified in the permit or standard specifications of the city. Subdivision 2. Site Inspection. Permittee shall make the work -site available to the Director and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. Subdivision 3. Authority of Director. At the time of inspection the Director may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. The Director may issue an order to the registrant for any work which does not conform to the applicable standard s, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the registrant shall present proof to the Director that the violation has been corrected. If such proof has not been presented within the required time, the Director may revoke the permit pursuant to Section 25- 1019. Section 25-10-P1018. WORK DONE WITHOUT A PERMIT. Subdivision 1. Emergency Situations. Each registrant shall immediately notify the Director of any event regarding its facilities which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Within two business days after the occurrence of the emergency the registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Right -of -Way Management Ordinance for the actions it tools in response to the emergency. If the Director becomes aware of an emergency regarding a registrant's equipment, the Director may attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the Director may take whatever action it deems necessary . to respond to the emergency, the cost of which shall be borne by the registrant whose equipment occasioned the emergency. Subdivision 2. Non -Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, pay double the normal fee for said permit, deposit with the ORDINANCE NO. Director the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this Right -of -Way Management Ordinance. Section 25-441-81019. SUPPLEMENTARY NOTIFICATION. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the Director of the accurate information as soon as this information is known. Section 25- . REVOCATION OF PERMITS. Subdivision 1. Substantial Breach. The City reserves its right, as provided herein, to revolve any right-of-way permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: a. The violation of any material provision of the right-of-way permit; b. An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; C. Any material misrepresentation of fact in the application for a right-of-way permit; d. The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reason's beyond a Permittee's control; or e. The failure to correct in a timely manner a condition indicated on an order issued pursuant to Section 25-1016. Subdivision 2. Written Notice of Breach. If the Director determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit the Director shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. Further, a substantial breach, as stated above, will allow the Director, at his or her discretion, to place additional or revised conditions on the permit. Subdivision 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach, permittee shall contact the Director with a plan, acceptable to the Director, for its correction. Permittee's failure to so contact the Director, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. ORDINANCE NO. Subdivision 4. Reimbursement of City Costs. If a permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. Section 25-4881021. MAPPING DATA. Subdivision 1. Information Required. Except as provided in Subdivision 2 of this Section, each registrant shall provide to the Director information indicating the horizontal and vertical location, relative to the boundaries of the right-of-way, of all facilities which it owns or over which it has control and which is located in any right-of-way ("Mapping Data"). Mapping Data shall be provided with the specificity and in the format requested by the Director for inclusion in the mapping system used by the Director. Within six (6) months after the acquisition, installation, or construction of additional facilities or any relocation, abandonment, or disuse of existing facilities, each registrant shall supplement the Mapping Data required herein. Each registrant shall, within six (6) months after the date of passage of this Right -of - Way Management Ordinance, submit a plan to the Director specifying in detail the steps it will take to comply with the requirements of this Section. Said plan shall provide for the submission of all Mapping Data for the City as early as may be reasonable and practical, but not later than five (5) years after the date of passage of this Right -of -Way Management Ordinance. Notwithstanding the foregoing, Mapping Data shall be submitted by all registrants for all facilities which is to be installed or constructed after the date of passage of this Right -of - Way Management Ordinance at the time any permits are sought under these ordinances. After six (6) months after the passage of this Right -of -Way Management Ordinance, a new registrant, or a registrant which has not submitted a plan as required above, shall submit complete and accurate Mapping Data for all its facilities at the time any permits are sought under these ordinances. Subdivision 2. Telecommunication Equipment. Information on existing facilities and facilities of telecommunications right-of-way users need only be supplied in the form maintained by the telecommunications right-of-way user. Subdivision 3. Trade Secret Information. At the request of any registrant, any information requested by the Director, which qualifies as a "trade -secret" under Minnesota Statutes 3 13.37(b) shall be treated as trade secret information as detailed therein. With respect to the provision of mapping data, the city may consider unique circumstances from time to time required to obtain mapping data. ORDINANCE NO. Section 25-�1022. LOCATION OF FACILITIES. Subdivision 1. Undergrounding. Unless otherwise permitted by Minnesota Statutes, Section, 21613.36, new construction, the installation of new facilities and the replacement of old facilities shall be done underground or contained within buildings or other structures in conformity with applicable codes, except that the Director may approve above ground location and installation that the Director has determined cannot reasonably be placed underground due to expense, nature, or function if there are no unreasonable safety, maintenance, or aesthetic concerns or conflicts with the current use of right -of- way. Subdivision 2. Corridors. The Director may assign specific corridors within the right-of- way, or any particular segment thereof as may be necessary, for .each type of facilities that is or, pursuant to current technology, the Director expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the Director involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue . The City may not require the relocation of existing underground facilities except in the event the City institutes a street improvement project, lawfully imitated and conducted by the City on its own behalf, which necessarily results in a substantial change of elevation and grade for a particular location. In such event, all affected utilities shall be relocated in a manner which minimizes the technical and financial impact to each utility . The City may establish a high density corridor for telecommunications facilities in a manner consistent with the rules and regulations of the Minnesota Public Utilities Commission. Subdivision 3. Limitation of Space. To protect health and safety, the Director shall have the power to prohibit or limit the placement of new or additional facilities within the right-of- way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the right-of-way. In making such decisions, the Director shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future City plans for public improvements and development projects which have been determined to be in the public interest. Section 25-442-21023. RELOCATION OF EQUIPMENT. A Registrant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities and facilities in the right-of-way whenever the director requests such removal and relocation, and shall restore the right-of-way to the same condition it was in prior to said removal or relocation. ORDINANCE NO. The director may make such request to prevent interference by the Company's equipment or facilities with (I) a present or future City use of the right-of-way, (ii) a public improvement undertaken by the City, (iii) an economic development project in which the City has an interest or investment, (iv) when the public health, safety and welfare require it, or (v) when necessary to prevent interference with the safety and convenience of ordinary travel over the right-of-way. Notwithstanding the foregoing, a person shall not be required to remove or relocate its facilities fiom any right-of-way which has been vacated in favor of a non-governmental entity unless and until the reasonable costs thereof are first paid to the person therefor. Section 25-X31024. PRE -EXCAVATION EQUIPMENT LOCATION. In addition to complying with the requirements of Minnesota Statutes §§ 216D.01-.09 ("One Call Excavation Notice System") before the start date of any right-of-way excavation, each registrant who has facilities in the area to be excavated shall mark the horizontal and approximate vertical placement of all said facilities. Any registrant whose facilities are less that twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation. Section 25-44241025. DAMAGE TO OTHER EQUIPMENT. When the Director does work in the right-of-way and finds it necessary to maintain, support, or move a registrant's facilities to protect it, the Director shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any facilities in the right-of- way which it or its facilities damages. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the City's response to an emergency occasioned by that registrant's facilities. Section 25-442-51026. RIGHT-OF-WAY VACATION. Subdivision 1. Reservation of Right. If the City vacates a right-of-way which contains the facilities of a registrant, and if the vacation does not require the relocation of registrant or permittee facilities, the City shall reserve, to and for itself and all registrants having facilities in the vacated right-of-way, the right to install, maintain and operate any facilities in the vacated right-of-way and to enter upon such right-of-way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same. Subdivision 2. Relocation of Facilities. If the vacation requires the relocation of registrant or permittee facilities; and (a) if the vacation proceedings are initiated by the registrant or permittee, the registrant or permittee must pay the relocation costs; or (b) if the vacation proceedings are initiated by the city, the registrant or permittee must pay the relocation costs unless otherwise agreed to by the city and the registrant or permittee ; or (c) if RM1►:► ►• the vacation proceedings are initiated by a person or persons other than the registrant or permittee, such other person or persons must pay the relocation costs. Section 25-4021027. INDEMNIFICATION AND LIABILITY. Subdivision 1. Limitation Liability. By reason of the acceptance of a registration or the grant of a right-of-way permit, the City does not assume any liability (a) for injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the City, or (b) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of facilities by registrants or activities of registrants. Subdivision 2. hldemnification. By registering with the Director, a registrant agrees, or by accepting a permit under this Chapter, a permittee is required, to defend, indemnify, and hold the City whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its facilities, or out of any activity undertaken in or near a right-of-way, whether or not any act or omission complained of is authorized, allowed, or prohibited by a right-of-way permit. It further agrees that it will not bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief against the City for any claim nor for any award arising out of the presence, installation, maintenance or operation of its facilities, or any activity undertaken in or near a right-of-way, whether or not the act or omission complained of is authorized, allowed or prohibited by a right-of-way permit. The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City's negligence where such negligence arises out of or is primarily related to the presence, installation, construction, operation, maintenance or repair of said facilities by the registrant or on the registrant's behalf, including, but not limited to, the issuance of permits and inspection of plans or work. This Section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the City; and the registrant, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf To the extent of any inconsistency between this Section 25-44MI027 and any fianchise, the provisions of the franchise shall control. Section 25-1028. ABANDONED AND UNUSABLE EQUIPMENT. Subdivision 1. Discontinued Operations. A registrant who has determined to discontinue its operations in the City must either: a. Provide information satisfactory to the Director that the registrant's obligations for its facilities in the right-of-way under this Right -of -Way Management Ordinance have been lawfully assumed by another registrant; or ORDINANCE NO. b. Submit to the Director a proposal and instruments for transferring ownership of its facilities to the City. If a registrant proceeds under this clause, the City may, at its option: 1. purchase the facilities; or 2. require the registrant, at its own expense, to remove it; or 3. require the registrant to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the facilities. Subdivision 2. Abandoned Facilities. Facilities of a registrant who fails to comply with Subdivision 1, and which, for two (2) years, remains unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, (1) abating the nuisance (ii) taking possession of the facilities and restoring it to a useable condition, or (iii) requiring removal of the facilities by the registrant, or the registrant's successor in interest. Subdivision 3. Removal. Any registrant who has unusable and abandoned facilities in any right-of-way shall remove it from that right-of-way during the next scheduled excavation, unless this requirement is waived by the Director. Section 25-1029. RESERVATION OF REGULATORY AND POLICE POWERS. A Permittee's or registrant's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public . Section 25-1030. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Right -of -Way Management Ordinance is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. If a regulatory body or a court of competent jurisdiction should determine by a final, non -appealable order that any permit, right or registration issued under any portions of this Right -of -Way Management Ordinance is illegal or unenforceable, then any such permit, right or registration granted or deemed to exist hereunder shall be considered as a revocable permit with a mutual right in either party to terminate without cause upon giving sixty (60) days written notice to the other. The requirements and conditions of such a revocable permit shall be the same requirements and conditions as set forth in the pennit, right or registration, respectively, except for conditions relating to the term of the permit and the right of termination. If a permit, right or registration shall be considered a revocable permit as provided herein, the permittee must acknowledge the authority of the City Council to issue such revocable permit and the power to revoke it. Nothing in this Right -of -Way Management Ordinance precludes the city from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. ORDINANCE N0. Section 25-1031. APPEALS. Decisions of the Director in the interpretation and enforcement of this Right -of -Way Management Ordinance may be appealed by the applicant, registrant or permittee to the city council by serving written notice of a request for an appeal on the City Manager. The City Manager shall thereupon schedule a public hearing on the appeal before the city council and give notice of the time, place and date of such hearing to the appealing party no less than ten (10) days prior to the hearing. Section 25-1032. WAIVER. The Director may waive any or all requirements of Sections 25- 1003 through 25-1005, 25-1006 through 25-1009, and 25-1020 if compliance is not deemed to be reasonably necessary, in the discretion of the Director, to serve the purposes of this Right -of -Way Management Ordinance. The decision of the Director not to waive any such requirement is not subject to appeal to the city council. Section 25-1021 may be waived as provided therein. Waiver of provisions of Sections 25-1003 through 25-1005 and 25-1020 may be rescinded by the Director at any time upon written notice to the person subject to the requirement. Section 3. Effective Date. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of ATTEST: City Clerk Date of Publication: Effective Date: 2018. Mayor (Strike indicates matter to be deleted, double underline indicates new matter.) City of Brooklyn Center Public Hearing Regular City Council Meeting April 9, 2018 An Ordinance Amending Chapter 25 of the City Code of Ordinances Relating to the Regulation of Right-of-Way Management Background On May 30, 2017, Gov. Dayton signed into law a bill amending Minnesota’s Telecommunications Right-of- Way User Law. The amendments cleared up any confusion about whether small wireless providers are treated the same as other telecommunications right-of- way users under state law, but created a separate, streamlined permitting system for placement of small wireless facilities on city-owned structures in rights of way. Minnesota Statute 237.162 and Statute 237.163 Example of Small Wireless Facilities Summary of 2017 Telecommunication Right-of-Way User Amendments A requirement that cities issue or deny small wireless facility requests within 90 days, with a tolling period allowed upon written notice to the applicant, within 30 days of receipt of the application. An allowance to batch applications (simultaneously submit a group of applications), with the limitation to not exceed 15 small wireless requests for substantially similar equipment on similar types of wireless support structures within a two-mile radius. Summary of 2017 Telecommunication Right-of-Way User Amendments (cont.) Rent not to exceed $150 per year with option of an additional $25 for maintenance and allowances for electricity, if cities do not require separate metering. A limitation that cities cannot ask for information already provided by the same applicant in another small cell wireless facility application, as identified by the applicant, by reference number to those other applications. Summary of 2017 Telecommunication Right-of-Way User Amendments (cont.) A restriction that the height of wireless support structures cannot exceed 50-feet, unless the City agrees otherwise. A restriction that wireless facilities constructed in the right-of-way may not extend more than 10-feet above an existing wireless support structure in place. Summary of Ordinance Revisions Updated definitions Creation of a collocation permit for small wireless facilities within the right-of-way Added small wireless facility conditions to manage small wireless facilities within the right- of-way to protect City infrastructure Allows for the City to recover right-of-way management costs and to charge rent for attaching to city-owned structures in the right- of-way Schedule – Ordinance Update Planning Commission review March 1, 2018 Council 1st Reading of draft. Ord. March 12, 2018 Published in Official Newspaper March 22, 2018 Council 2nd Reading/Approve Ord. April 9, 2018 Requested Council Action Motion to open Public Hearing Take public input Motion to close Public Hearing Motion to adopt Ordinance Regular City Council Meeting April 9, 2018 City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM DATE: April 3, 2018 TO: *oganey, City Manager FROM: Tim Gannon, Chief of Police-190E�'- SUBJECT: Resolution Approving the Metropolitan Services Board Opiate Antagonists Subgrant Agreement Recommendation: It is recommended that the City Council recognizes the continuation of the Metropolitan Emergency Services Board Opiate Antagonists Subgrant Agreement. Background: The purpose of this agreement is to provide partial reimbursement for the purchase of opiate antagonist to be administered by emergency medical services persons in the event of an opiate or heroin overdose and/or for education or training of first responders for the period of November 2, 2017 through May 31, 2019. For the purposes of this Agreement, "opiate antagonist" means naloxone hydrochloride (Narcan) or a similarly acting drug approved by the federal Food and Drug Administration. "Steve's Law" was passed by the Minnesota Legislature in 2014. The intent of this law is to get opiate antagonists into the hands of first responders and anyone else that may be able to utilize an opiate antagonist to save a life in the event of an overdose. In 2014, Brooklyn Center Police and Fire Departments received training deployed an opioid overdose kit in each department vehicle to allow for an effective utilization of the opiate antagonists. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community Our Vision: TT e 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 moved its adoption: RESOLUTION NO. introduced the following resolution and RESOLUTION APPROVING THE METROPOLITAN EMERGENCY SERVICES BOARD OPIATE ANTAGONISTS SUBGRANT AGREEMENT WHEREAS, the purpose of this agreement is to provide reimbursement for the purchase of opiate antagonist to be administered by emergency medical services persons in the event of an opiate or heroin overdose and/or for education or training of first responders. For the purposes of this Agreement, "opiate antagonist" means naloxone hydrochloride or a similarly acting drug approved by the federal Food and Drug Administration.; and WHEREAS, "Steve's Law" was passed by the Minnesota Legislature in 2014. The intent of this law is to get opiate antagonists into the hands of first responders and anyone else that may be able to utilize an opiate antagonist to save a life in the event of an overdose. In 2014, Brooklyn Center Police and Fire Departments received training deployed an opioid overdose kit in each department vehicle to allow for an effective utilization of the opiate antagonists; and WHEREAS, the police and fire departments of the City of Brooklyn Center, first responder agencies in the metropolitan region, are qualified to receive these funds as reimbursement for the purchase of opiate antagonists and/or for education or training expenses. The Metropolitan Emergency Services Board Opiate Antagonists Subgrant Agreement will reimburse a portion of an opiate antagonist and education or training costs for the period of November 2, 2017 through May 31, 2019; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Manager and Police Chief are hereby authorized to accept the Metropolitan Emergency Services Board Opiate Antagonists Subgrant Agreement. ATTEST: Apri19 2018 Date Mayor 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. METROPOLITAN EMERGENCY SERVICES BOARD 2099 UNIVERSITY AVENUE WEST SAINT PAUL, MINNESOTA 55104-3431 Opiate Antagonists Subgrant Agreement THIS AGREEMENT is entered into between the METROPOLITAN EMERGENCY SERVICES BOARD, Metro EMS Region, 2099 W. University Ave., #201, Saint Paul, MN 55104 ("MESB"), and CITY OF BROOKLYN CENTER , 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 ("Subgrantee"). RECITALS WHEREAS, 2015 Minn. Laws, Ch. 71, Art. 14, Sec. 3, Subd. 2, appropriated funds to the Commissioner of Health for grants to Minnesota's eight regional emergency medical services programs to purchase opiate antagonists and educate and train emergency medical services persons, as defined in Minn. Stat. Sec. 144.7401, Subd. 4, clauses (1) and (2) ("Eligible First Responders"), in the use of these antagonists in the event of an opiate or heroin overdose; and WHEREAS, the State of Minnesota, acting through its Commissioner of Health, entered into Grant Agreement No. 101447 with the WCMEMSC, effective November 2, 2017 ("Grant Agreement"), to act as the fiscal agent for said grant; and WHEREAS, WCMEMSC, as the fiscal agent under Grant Agreement No. 101447 with the State of Minnesota, entered into a subgrant agreement with the MESB, effective November 2, 2017 to reimburse for the purchase of opiate antagonists and for education and training of Eligible First Responders in the Metro EMS Region; and WHEREAS, Subgrantee, a first responder agency in the metropolitan region, is qualified to receive these funds as reimbursement for the purchase of opiate antagonists and/or for education or training expenses. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows: I. SCOPE OF AGREEMENT AND QUALIFICATIONS A. This Agreement is to provide reimbursement for an opiate antagonist to be administered by an Eligible First Responder and/or for education or training of Eligible First Responders. For the purposes of this Agreement, "opiate antagonist" means naloxone hydrochloride or any similarly acting drug approved by the federal Food and Drug Administration for the treatment of drug overdose. B. Subgrantee understands that in order to be eligible for reimbursement of the cost of opiate antagonists it has purchased it must have satisified all of the requirements of 2018-2019 MESB Naloxone Subgrant Agreement Minn. Stat. Sec. 151.37, Subd. 12(a) and (b), and Subgrantee hereby represents that it has fully satisfied said requirements. C. Subgrantee shall be reimbursed for the cost of an opiate antagonist it has purchased for the period from November 2, 2017 through May 31, 2019, subject to the limitations set forth in this Agreement. II. REGIONAL EMS AUTHORIZED REPRESENTATIVE The MESB's authorized representative for the purposes of administration of this Agreement is its Regional EMS Coordinator, Ron Robinson, or such other person as may be designated in writing by the Executive Director of the MESB. Contact information for the MESB's authorized representative is: Ron Robinson, Regional EMS Coordinator, Metropolitan Emergency Services Board, 2099 W. University Ave., #201, Saint Paul, MN 55104, 651.643.8378, rrobinsongemsmn.org. III. REIMBURSEMENT AND METHOD OF PAYMENT Subgrantee shall submit to the MESB a copy of a detailed invoice and record of payment for the purchase of an opiate antagonist. Reimbursement is limited to $37.50 per dose per staffed vehicle plus a reasonable reserve. Upon verification and acceptance by the MESB's Regional EMS Coordinator of each invoice, the MESB will pay Subgrantee the invoiced amount. The MESB's reimbursement obligation is contingent on the MESB receiving grant funds from the State under the Grant Agreement, and is limited to the total amount of grant funds remaining upon receipt of an invoice. Invoices must be received by the MESB no later than June 6, 2019. Reimbursement will be made in a timely manner following receipt of sufficient grant funds by the MESB from the State. The MESB will not expend any of its own funds to reimburse Subgrantee. IV. TERM OF AGREEMENT This Agreement shall be effective November 2, 2017 and shall terminate on June 30, 2019 or until the grant funds have been expended, whichever occurs first. V. LIABILITY Each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other and the results thereof. Nothing in this clause may be construed as a waiver by either party of any immunities or limitations of liability to which such party may be entitled pursuant to Minn. Stat. Chap. 466, or any other statute or law. 2018-2019 MESB Naloxone Subgrant Agreement VI. AUDITS Under Minn. Stat. Sec. 16C.05, Subd. 5, Subgrantee's books, records, documents, and accounting procedures and practices of Subgrantee, or any other relevant party or transaction, are subject to examination by the MESB, the State, the State Auditor, and the Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. VII. DATA PRACTICES Pursuant to Minn. Stat. Sec. 13.05, Subd. 11(a), Subgrantee and the MESB must comply with the Minnesota Government Data Practices Act as it applies to all data provided by the MESB under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Subgrantee under this Agreement. The civil remedies of Minnesota Statutes section 13.08 apply to the release of the data referred to in this clause by either Subgrantee or the State. VIII. OWNERSHIP OF MATERIALS The State shall own all rights, title and interest in all of the materials conceived or created by the MESB, or its employees or Subgrantee, either individually or jointly with others and which arise out of the performance of the Grant Agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form ("materials"). Subgrantee hereby assigns to the State all rights, title and interest to the materials. Subgrantee shall, upon request of the State, execute all papers and perform all other acts necessary to assist the State to obtain and register copyrights, patents or other forms of protection provided by law for the materials. The materials created under the Grant Agreement by the Grantee, its employees or Subgrantee, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of the materials, whether in paper, electronic, or other form, shall be remitted to the State by Subgrantee. Subgrantees's employees shall not copy, reproduce, allow or cause to have the materials copied, reproduced or used for any purpose other than performance of Subgrantee's obligations under this Agreement without the prior written consent of the MESB. IX. PUBLICITY Any publicity given to the program, publications, or services provided resulting from this grant agreement, including, but not limited to, notices,.informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for Subgrantee or its employees individually or jointly with others, shall identify the State as the sponsoring agency and shall not be released without prior written approval by the MESB. 2018-2019 MESB Naloxone Subgrant Agreement IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates set forth below. SUBGRANTEE By: Title: Date: METROPOLITAN EMERGENCY SERVICES BOARD Lo Jill Rohret, Executive Director Date: 2018-2019 MESB Naloxone Subgrant Agreement David Pemberton (Sathre-Bergquist) Item 9.a REQUEST: (1)Preliminary Plat City Council Meeting of 04/09/2018 Existing Conditions Source: Google Maps Background & Request Applicant is requesting approval of: (1) Preliminary Plat for Mohs Addition Lot 1—0.23 acres (~9,982 SF) Lot 2—0.23 acres (~9,982 SF) Minimum R1 Interior Lot Size: 9,500 SF Proposed R1 Interior Lot Size: 9,982 SF Minimum R1 Interior Lot Width: 75 feet Proposed R1 Interior Lot Widths: 75 Feet Subject Property is surrounded by: R1 (One Family Residence) District on north and east R4 (Multiple Family Residence) District on south I2 (General Industry) and PUD-R1 (Planned Unit Development-One Family Residence) Districts to the west 2 1 Source: Sathre-Bergquist Notice |Analysis | Findings | Conditions Notice A Public Hearing Notice was published in the Brooklyn Center Sun Post on March 15th and mail notices were sent to neighboring property owners as guided by MN State Statute. Analysis There are no immediate plans to construct a home on proposed Lot 2 (south lot) at this time Applicant demonstrated on plat that proposed Lot 2 is buildable Proposed Lots 1 and 2 would be of comparable size to the neighboring R1-zoned lots The Assistant City Engineer provided a series of recommendations as part of any positive plan approval. These recommendations are outlined in a memorandum dated March 20, 2018. Findings Following a review of the submitted preliminary plat, it appears the plat would meet the minimum requirements as established under Chapter 15 (Platting), and Chapter 35 (Zoning). Conditions of Note Provide driveway curb cut and driveway access to the northern property (proposed Lot 1) Driveway ROW permit required Remove existing detached garage and all driveway that encroaches onto northern lot (proposed Lot 1) Final Plat Mylar copies are to be provided in substantial conformance with the submitted plans, unless otherwise requested. Comply with all recommendations as noted by Assistant City Engineer/Hennepin County. Summary | Recommendation A Public Hearing was held at the Planning Commission meeting on March 29th for the request No comments or objections were received from the public regarding the preliminary plat request The Planning Commission recommended approval of the preliminary plat to the City Council in a 5-0 (unanimous) vote—PC Resolution No. 2018-004 Recommendation Based on the aforementioned findings the Planning Commission recommends City Council adopt the resolution regarding the recommended disposition of Planning Application No. 2018-003 submitted by David Pemberton of Sathre-Bergquist, Inc. for approval of: (1) Preliminary Plat for Mohs Addition, which would subdivide an existing approximately 19,965-square foot lot into: Lot 1—0.23 acres (~9,982 SF) Lot 2—0.23 acres (~9,982 SF) Approval of the aforementioned request is subject to the Applicant complying with the Approval Conditions as outlined in the Planning Commission Report dated March 29, 2018. City Council Agenda Item No_ lOa City Council Agenda Item No. 10a #1 DATE: April 9, 2018 TO: Curt Boga* City Manager THROUGH: Meg Beekman, Community Development Director NO FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6 -Month Provisional Rental License for 5301 Russell 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 5301 Russell 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 a 2 building, 36 unit multi -family property. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on one hundred ninety seven (197) property code violations (5.47/unit) 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 06/30/2018: 12-11-2017 The Owner, Nedzad Ceric, applied for renewal of the rental dwelling license for 5301 Russell Ave N, a single family dwelling. 12-28-2017 An initial rental license inspection was conducted and failed. 198 property code violations were cited, see attached rental criteria. �Mvion. F,rrsuring, an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 12-31-2017 The previous rental license expired. 02-05-2018 A second rental inspection was conducted and failed. A $1000 reinspection fee was charged. 02-21-2018 A $1000 reinspection fee was paid. 02-22-2018 A third rental license inspection was conducted and failed. $100 reinspection fee was charged. 02-27-2018 A fourth rental license inspection was conducted and failed. 03-08-2018 A $100 reinspection fee was paid. 03-14-2018 A fifth rental license inspection was conducted was failed. A $300 reinspection fee was charged. 03-23-2018 A fifth rental license inspection was conducted and passed, however, reinspection fees are still owed. 03-23-2018 The $300 reinspection fee was paid. 03-26-2018 A sixth rental license inspection was conducted and passed. 03-28-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 03-28-2018 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, Il, and III of Crime Free Housing Program, etc. 03-26-2018 A Mitigation Plan was submitted. 03-28-2018 The Mitigation Plan was finalized. 03-30-2018 A letter was sent to the owner notifying that the hearing before the Council will be held April 9, 2018. If approved, after six months, a new rental license is required. The license process will begin approximately one month. 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 Mission: Ensuring an attractive, clean, safe, inclusive connnuniiv that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. 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. !Mission; Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: ® At least 75% of units will be inspected for properties with 15 or less units. ® At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III —1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not m6re 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. �klission. Ensuring an attractive, clean, safe, inclusive conunutdty that enhances the quality of life for all people and preserves the public trust Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 , 5 or more units Greater than 0.50 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 conanunity that enhances the quality af'life for all people and preserves the public trust �p0Ky. —,O'^ CENTER AY til[ ctoile3< Community Development s � a Handwritten Plans will not be accepted. This form can be found on the website at or call', (763) j569-3330 for an t leotro:nio yr rsion to be sent via entail. Action Plan --Type 11l (9 Year) � Mitigation Plan- Type IV (6 Months) '' `` ori! property AddreSs: 5301/5305 Russali ave N � •-•.�_.. Brooklyn Ginter MN 55430 Ova er's Nanie(s); Ni~dzad Cert Local Agent: same as the owner 13t1 %lli r1. ( ';ner%S Adriro55: r.� *� i MN s bM Agent Address: f G,vrie(s Phone: 61 97 3198 Agent's Phone; ; CGCrC rlorrTtirla@Yalloo,corrl, � t 3kret's .c�iarl: gt:tlt s prl,zril: 439i2 7 S � r -Pending Expiralion Date: K1 ��y Current r;xlrrai,on bale: .,�.M� E. Basad fit) the total riitrll,er of property code violations found during the initiai Tental [conse inspection andlflr .validated police nuisvmai irl0derl's, the above referenced property is required to submit an Action (Type ill) or Mitigation plats (Type IV). In order to ensure liniely Completion of the f cense application process, ti Pian inust be completed immediately and submitted for approval. `The Plan includes Piiasr 1, 11, and III of the Grime Free Housing Proejranl, It also in lude5 ineasures that n4mO be ttAen to ensure ongoing compliance with City Ordint; ices rind applicable codes, A rental licenso Plan ti Ilovts the o,,%�ner and the 'City ttj re iev; concerns and identify possible solutions to improve overall conditio;is of the ,property, If a blain is riot silibriRled andfor 0 items are not completed within the license period, or tie above properly operates tr:aytir;ci trig f cense rnxpiration datr, onfdrr;ori:crit -notions such as en administrative wit tion, formal complaint, or license revieve, Illay result, Pogo 116 Mead carefully and be sato to fnliotiv instructions, otherwise out Ian Wil not be ap roved. RC'w"al 1.ir r;11Sr3 hart, Rev. f - f• 18 City efBrooklyn Conter--CommunityDav(dopment �r:t,' t�f tt;rL'Gltyri(�rtt�r,Crr:) 6301 lxft'tftu Gree',,, Parkv�ay, Brooklyn Cofl„r,'10N 65430.1199 ) Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 169.3'369 0 o t 6 uq��r = AT rl(>. (-LNTLR 5301/5305 1�ussell ave N Brooklyn Center MN 55130 Sections A—Crime t=ree Housing Program Requiroments Phase l ; stead and check each box. Co mutilty Development Ej1) A w(tten lease agreement is requ rad, The lease agreement shall include the Crime Free Housing tease Addondum, A copy of the lease agreement and Crime Free dousing tease Addendum mast be attached to the Plan. 2) Agree to pursue the termination of lease agreement or a5&(ion of tonants Who violato tho telcos of the lease or any addendums, 3) Conduct criminal haOground check(s) for all no i prospective tenants, if it is a current tenant a neer background check is rot required, Upon the City's request, docurnentation showing a background check ms comploted must too pro' idod. 4' Attend L n appro>,ed eight-hour Crime Free Housing training course, information for approvcd nurses can be found at wnwomrtcpa.net. It you have completed the courso attach a copy of the Crime Free Housing Certificate to the Plan. Crime Free Housnn training is completed 2011 Crime Free Housing training is scheduled for__ /12✓' Or man or agent pinns to attendVoinincg at Narre of City El 5) Submit fvlatAhly Report by the TON day of tach month, Only required for Type IV-- Mitigation Plans. Phase 11 • road and Check each box. 1) Complete a Security Assessment and implement impro errents fecluired by the, dranAyn Center Police Departinent. To schedule a Bounty Assessment, oall X763) 569.3344, 2) A follow-up assessment must be completed before the license expiration date to vz t#h7`ihe sectriy improvements have been implemented. To schedule a follow up inspection call (763) 569-3344. EYD Security Assn ssmont is completed May 2014 Socurily AssesSr"dent is schodulod for t palle 2/6 Mental Urease tr'larr, Rov. f -t -id Oity of Brooklyn Center—Community 0ovelopmontw.v,1t,Cityofbto0-,Iyrl,eMer,prq 6301 Shingle Creek patk,Avay. ftrvtiklyn Conler, N1,14 55130.2199 Pnojw (763) 563-;1330 1 ITY: 711 Fax: (763) 569.3360 VL�yaxtr C IE 530115305 Mussell ave N Brooklyn Center MN 55430 Community Development Sections B -40g Terni CapItO Jrrtprove 'IMI Plea All coenponenls o' a house will need to bo replaced when it is bei=ortd repair or its useful life. Based on condition, age, and uso, an esti!nated replacement dale grill nood to be provided for each l sted item. Items that are bro;cn, damaged, worn. Cir ii€ci}jorable may require replacermen# =nor than $rhedvled. I items must have a date under the E-slimatod Replecemont Oate. dans will not be approved if writing "unsure", "don't know', or leaving it blank. ;f you are unsuro of when an item willneed to be rol7lared, you can make a 1preftt on based on the wire, use, condition, or manufaclurtt recommendalions, ft4s,�T_.,..�_.........�,...�...y..�,r�_.��... �. Last Replacad Condition'��. Estimated Roplacenlont Dato�,.M_-��... ►=xatnota, Alator 80"Iter May 2010 F jMay 2020 Item Last Aeplaced Condition' Estimatod Replacement gate r=u.-nace 1075 f 2025 ',,area heater 2015 0 2025 2015-2013 0 2025-2028 Kitchen Appliances u_ t.a��drylippliar�ces 2016 9 2026 �.�...daA_._.. _- e7moliS*+ Alarrr'Sr 2010.201 2025r.2f�2$ Cxbor; Monoxide Alarms � x'>:ror ,terns RainttSirJingVmdovis 201 0 2025 1073 r 2013 2002-2014 2030 Roof 1073-2002 1 2035 Dri w,voy 2000 ._ .... ��. i 2016 >✓en 2000 ,., .... a r,� 2013 �tle,=iaie=� 1978 f 2.028 .wd r1 'Condition Abbroviations: ho-vi::N Gaod-G Fair -i± goods Roplaonmant-R + lge 416 ROT}M ! conso Plan, Mora. 1. f -' Citi' of Wooklyti Contor—Cormrnunity Doi=H101),nnnt E 3i�1 Shingle Creek i'ar°r; t4;, Broo lIII Center, Iv 14 55430.2101 Pholle: (76%3) X634- O ( i TY, 711 Fax: (763) 669-3369 � 0 0 X I r CENTER AT 1440 CU147V'f1 530115305 Russell ave N Brooklyn Center MN 65430 Sections A---Crimo Free Housing P.ragrani Requirements (continued) Phaso ill ARM Meoting Requirement Community Development 1) Owner 0r 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 nate, 2) Registration is not required to attend, host crier you must sign, -in during the rneeting. A.1Z M, Meoting r re iauld in Janu(nry, March, (stay, July, September, and November on the 2nd Thursday of the month. Meel no start at IOaM and end at 11 i'vm 3) Write brio naorMs tho owner or agent plans to attend. Ovmor or agent will altond A,R.M, meetings scheduled for: 1 10/18 eratf7/ 1 /1 Tho following actions are required for Multi-Ftiniily proportlos with four (4) or more units. El OX P io M 1' Conduct resident training annually to include crime prevention techniques 2) Conduct regular resident rsleetings, RentaiLicenso i'aq, Rev. 41'1-18 City of UrooMyn contot—community Development F ' , '' y ' iyncesttet,erg 6301 Shiflgle Creek Pairytwa , Srootklyn uentek% IMN 55430.M0q 1 Phone, (763) 5631-343310) TV: 711 Fax: (763) 5639.3360 4 g b X t 41 '` Community Development AY T P k r, c T, 7 t r 530115305 Russoll ave, N Brooklyn Cn-nter MN 59430 sectlohi C -Steps to inrprovo Management and �C onditio.ns of Property The items in this sectiarb have been proven to assist With property management, property image, vnd rental license category improvement. The following actions are required - E] 0 Check-in wth tF runts every SO -days. El2) Drive by prope�y to check for possible code violations. 3) Evict tenanN� in violation of Vit. lease or any addendums. l^ 1 4) Rema' n ictwent on all utility fees, taxes, assessments, fifes, penalties, anti o her f vandal claims; f>ay'rtlents dire to the City, !; � 5) Have no rLri,lat oudi ; viol il*M prUl'Ously documentod with the pas! year. 6) Conduct a pro -inspection of Une property prior to the rental license insp~clion> r The following actions are optional unless required by the City. El E] 2) Provide garbage sente. E1w) Install security system, A) Provide. maintenance servico plan for appliances. Carne of service company:A� tapplsant✓o Cther:..__. The ticensee must comply with tine approved Plan, and all applicable City Coles. A ropy of the approved pian 1,0111 be seat ,6t#', a rerninder notice to comply with the rental license requirements. pa" 0 Y6 City of Ci: W—Cornmunity Developtnoniooklyncentef-org asoli sitin,rjle Creek Partv,;ayz, ftd4yn Center, kMN 6543M 19D I Phone: (763)663.33N 1 TTY: 711 Fax: (763) 666.3360 grx �, ri ass R a ` q- ib1' Yis3: Cd.€M,,4 Sign and Verify 530115305 RLISSell ave N Brooklyn enter MN 55430 Community Development I verify that all information providor. is inuc and Gccurate, 1 understand that if I do net comply W111i iho approved Plan, comply luittr rrtl iterns vAthin tits; t cWsf; perM, or Opwate be rorid the iimnse expiration ;pato, orlforcemeni actions Such as eitalions, formal complaints, or tic nse revievi, may result. N dzad Ceric Owv fn,% figen3 , M10 (P,r<aso st''t n?) 1• �ti?7i'F AF It.;{�11! v;i�s3}ftiFt+ AIMlt tb 9,l OmwCt'j1gom Nairvo and V.'lo Reale Print) ft3(j'irf f);i� 04t%tr 6' A rC?if aiAt77iu(G f#i ft f {it r3 iQj City Stall Only r fagot (,Vt) 3/23/18 8 (;r)re Pont I.icvulSft l�fo n, �C13, 1-.1=t8 CityofStooklynCoMa -Comm unity Drvelopnlent �V�='�vo=t�o(i!rc�},1yrcenter,crc �1 Sltin le Greer i'ar'��tr�+�f, l3r'ual ly e t✓cntur;14i ' uv 30.21Q l iiOne, (763) 563-33 tt I fl Y; 711 fax; (753) "59.3nU City Council Agenda Item No. lOa #2 DATE: April 9, 2018 TO: Curt 1340$- City Manager THROUGH: Meg Beekman, Community Development Director y FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6 -Month Provisional Rental License for 6919 France Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6 -Month Provisional Rental License for 6919 France Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval 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 (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 05/31/2018: 09-06-2017 The Owner, Benjamin Hermantin, applied for renewal of the rental dwelling license for 6919 France Ave N, a single family dwelling. 09-22-2017 An initial rental license inspection was conducted and failed. 11 property code violations were cited, see attached rental criteria. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of'life for all people, and preserves the public trust 11-13-2017 A second rental inspection was conducted and failed. A $100 reinspection fee charged. 11-22-2017 The $100 reinspection fee was paid. 11-28-2017 A third rental inspection was conducted and passed. 11-30-2017 The previous rental license expired. 12-05-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 12-05-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-15-2017 A Mitigation Plan was submitted. 12-26-2017 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. 02-13-2018 The Mitigation Plan was finalized. 03-30-2018 A letter was sent to the owner notifying that the hearing before the Council will be held April 9, 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 an attractive, clean, safe, inclusive conunuuitp that enhances the quality of life for all people and preserves the public trust 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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. r� z� Mission: Ensuring all attractive, clean, safe, inclusive conintuuily that enhances the quality of'life for all people and preserves the public trust 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 Only) Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). Misslon, Ensuring an attractive, clean, safe, inclusive conuntud y that enhances the quality of life for all people and preserves the public. trust 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 l 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 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 — 6919 France Ave N Mission; Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life�R� for all people and preserves the public trust Community development CENTE_ AT fiiiy Cl?tLY tt j l/r� �1 ,en e Plan Rental 111 Handwritten Plans will not he aceepted, This form can be found on the v;ebsite at;wrt,,r.cityofbrooktyncenter.orglrentai-plan �or call (763) 669-3330 for an electronic version to be sent v48 email, Action Plan—Type III ti Year) xX Mitigation Plan --Type IV (6 Months) Property Address: 6919 Fance Ave N O me's Narne(s); Benjamin Hermantin Local Agent: Oviner's Address; 0019 Village Hills Dr Agent Address., Spring, TX 77379 Winer's Phone; {i63-639- 575 V Agent's Phone; Owmen's Email: bhermantin@hoimall.cnm Agent's Email: Renters Warehouse 13200 Pioneer Tr,4100 Eden Prairie MN 55347 952-224-9912 Itacrrnsgers~ entcrsti�atehousti.cbrr� Current Expiration Date: 11/30/17 pending Expiration Date. 5731718 Based on the total number of property code violations found during the initial rental license InspcUon andior validated police nuisance incidents; the above referenced prol:etty is required to submit an Action (Type 111) ,or Mitigation Plan (Type IV), In order to ensure timely completion of the license application press, a flan must be completed immediately and submitted for approval, The Plan Includes Phase 1, li, and III of the Crime Free Housing Program, it also includes measures that must be taken to ensure ongoing i oml5liance with City Ordinances and applicable codes. A rental license Pian alioyrs the owner and the City to rev evr conwrns and identify possible solutions to improve overall conditions of the property. If a Plan is not submitted ond!or all Items are not completed vr,thin the license period, or the above propetly operates beyond the license expiration date, enforcement actions such os :nn administrative citation; formal cornpla'nt, or license review may result. Page 1,16 Read parefully and be sure to foil ovr lnstructinns otherwise our lin will not be a roved. Rental Licensa F'lar), POI 1.1.18 City o, $rooldyn Center—Community Dovelopment 1,tsiv cityoforooklynC,.,rtter.org 6301 Shingle Creek Parl'Vray,'Brooklyn Center, hiN 65430-21N 1 Phone, (763) 863-33301 TTY; 7'11 Fax. (763) 669.3360 Community Development im t,T `r'ti t. 1 o Nru 6919 Fance Ave N } Sections A—Crime Free Mousing Program Requirements phase 1 y Head and check each box. 1) A written lease agreement is required, The lease agreement shall include tho Orme Free Housing Lease Addendum, A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. x 2) Agree to pursue the termination of lease agreement or eviction of tenants who violate the terms of the lease or any addendums. Y 3) Conduct criminal background checks) for all neer prospective tenants. if it Is a current tenant a neer background check Is not required, Upon the City's request, documentation showing a background chem was completed must be provided. xx 4) Atlend an .approved eight-hour Crime Free dousing training course. Information for approved courses can be found at tip, v.rnncpa.net. If you have completed the course attach a copy of the Crime Free Housing Certificate to the Klan, xx Crime Free dousing training Is completed Crime Free Housing training is scheduled for Date Owiner ar agent plans to attend training at: . NAMO of city 6) Submit Monthly Report by the 19r" day of -each month, Only required for Type 1V— Mitigation Plans. Phase 11 k Read and check each box. Paga 216 1) Complete a Security Assessment and implement Improvements required by the Brooklyn Center Police Department. To schedule a Security Assessm-ent, call (763) 559.3344. 2) Afoilow-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 (703) 569-3344. Fxx]Socurity Assessment Is completed nSecurity Assessment is scheduled for �. Rental i cenEe Plan, ft1-1-16 City Brooklyn Center ---Community Develop en#%,vikii.eityofbrooY.lyncentc.r.org 6391 Shingle Creek Par y, *Brooklyn Center, :MN 55430-21991 Phone: (783) 563-3330 TTY; 711 Fax: (763) 569-3360 n*rxc nY"ri+ici�izea 6919FanceAveN Sections A --,Crime Free Mousing Program Requirements (continued) Phase 111 - A,RJA file eting'Requirement Community Development xx 1) Owner or agent must attend at minimum h,,o {2) ON. meetings, The A,RX meetings must be completed v<ithin, the rental license period and before the License expiration date. 2) Registration is not required to attend, hovrever you roust sign -in during the meeting. A,R M. Meeting are veld In ,January, March, May, ,duly, September, and November on the 2nd Thursday of the month. Meetings start at 10am and enol at 11am. 3) %+flits. #taro months the owner or agent pians to attend, Jan March Ov.,ner or agent hili attend A.R.M. meetings scheduled for: and The folloviing actions are required for Multi -Family properties %kith four (4) or more units, 1) Conduct resident training annually to include crime prevention techniques, 2) Conduct regular resident meetings. Page &Z Pomo,'i.ko se Plan, vera 1-1-18 City of Vrooldyn�Unter--Community development mt,%tilyolbrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, PAN 55430.2199 j Phone: (763) 663-33301 TTY: 711 Fax: (763) 559-3350 0�'t Community Development Al`t �icetare 6919 Fance Ave N i Sections B -Long Form Caphal Improvement Plah All components of a mouse will need to Ne replaced %4Mn it is beyond repair or its useful lite. Based on condition, age, and we, an estimated replacement date will need to be proAded for each listed item, Items that are broken, damaged, worn, or lnoperable may rewire replacement sooner than scheduled. All items must have a date under the Estimated Replacement date, Pians drill not be approved if writing "unsure", "dont knows", or leaving it blank. If you are unsure o(when an item will need to be replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations. Item fast Replaced - Condition' Estimated Replacement Date i xarnpley later Neater vias, 2019 F May 2020 Item Last'Replaced Condition' Estimated Replacement Date Furnace 2004 G 2025 grater Neater 2000 Kitchen Appliances . Laundry appliances Smoke Alarms/ Carton Monoxide Alarms 2016 N 2026 Exterior items PaintrSiding 2003 G 2026 Windovas gas G� 2040.......�..�,ffi.�.�.�.�,..�....� Roof 2001 G 2026 Garage 2001 G 2040 Driveway 1096 � G 2025 Fence 1099 G 2040 Sidewalks na Shed 2003 G 2033 'Condition Abbreviations: Novr`N GoodnG Fair -F Needs Replacement,R Farre 4,16 Rental License Plan, Rev, 1-1-18 City or BrOklyn triter --Community Development 't^Jl,cit Ofi rC6i,I t1C8nter.�br 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-21991 Phone: X763) 563-33301 TTY: 711 Fax: (763) 569.3360 q q k $ Y 1y OL Community Development ar's 14 ► x u 6919 Fance Ave N Sections C-- Steps to improve Management and Condition; &Proporty The items in this section have been proven to assist with property management, property image, and rental license category improvement, The following actions are rewired. xx 1) Check-in with tenants every 30 -days. xx 2) Drive by property to check for possible code violations. xx 3) Evict tenants in Molation o{ the lease or any addendums. x 4) Remain current on all utility flees, taxes, assessments, tines, penalties, and other financial claims/payments due to the City. x_x 6) Have no repeat code violations previously documented Wth the past year, x 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 lawnlsnowservice, 2) provide garbage service, 3) Install security system, Ej4) Provide maintenance service plan for appliances, Name of service company: El 5) Other: v The licensee roust comply with the approved Plan and all applicable City Codes. A copy of the oppro�t: d plan Will be sent vAth a reminder notice to comply with the rental license requirements, Page 516RentatLkcenseplan,R2av 1-1-18 City of Brooklyn Center—Community Oeyolopmcnt Avt�i,cityolbrooki),ncenter.org 63015hiogle Creek Parkway, Brooklyn Center, NIN 65430.21991 Phone. (763) 563-33301 'TTY; 711 Fax; (763) 569-3360 ..' f' .:. k C: 3 !� !> t-,.. ! :.! "• ! 'i ;:.1 . f .;.rh a,L. f,r: :`K! f 1 *: f • ;i' wf , ::i .:.. � t . ,. li,Ly �z =,, :. eYn�A� ay. ♦��w�." ,� / '�� e'' 7k tJ.' f i 9al.N 1 :: 1 '.7 ! , J.!-.{ ' :+a `:. tt}I fEi t x{ t,r i, III—fit t s ,-.wt: a+ay..x#e.•as .3 ,>!`.! , # a c„ .•e17a # - .,. raE Y .• _ t:-- a ,. .t '.;y "` : Y' • r::�- - City Council Agenda Item No. lOa #3 COUNCIL ITEM MEMORANDUM DATE: March 12, 2018 TO: Curt Boganey,it r THROUGH: Meg Beekman, Community Development Director FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6 -Month Provisional Rental License for 904 53rd Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6 -Month Provisional Rental License for 904 53rd 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 September 11, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on 6 property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions Mission: Ensuring an attractive, clean, safe, inclusive eonimunity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Current rental license approval activities for license expires on 07/31/2018: 12-14-2017 The owner, Moshe Vorotinov/Istoki Sources Mekorot, applied for renewal of the rental dwelling license for 904 53rd Ave N, a single family dwelling. 12-21-2017 An initial rental license inspection was conducted. Six property code violations were cited, see attached rental criteria. 01-02-2018 A second inspection was conducted and passed. 01-18-2018 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-18-2018 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. 01-31-2018 The previous Type IV Rental License expired. 02-19-2018 A Mitigation Plan was submitted. 03-28-2018 The Mitigation Plan was finalized. 03-30-2018 A letter was sent to the owner notifying that the hearing before the Council will be held April 9, 2018. Prior rental license approval activities for license expires on 01/31/2018: 06-29-2017 The owner, Moshe Vorotinov/Istoki Sources Mekorot, applied for renewal of the rental dwelling license for 904 53rd Ave N, a single family dwelling. 07-20-2017 An initial rental license inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 07-31-2017 A second inspection was conducted and passed. 07-31-2017 The previous Type IV Rental License expired. 08-09-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 08-09-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-25-2017 A Mitigation Plan was submitted. 08-30-2017 The Mitigation Plan was finalized. 09-01-2017 A letter was sent to the owner notifying that the hearing before the Council will be held September 11, 2017. Prior rental license approval activities for license expires on 07/31/2017: 11-04-2016 The Owner, Moshe Vorotinov/Istoki Sources Mekorot, applied for renewal of the rental dwelling license for 904 53rd Ave N, a single family dwelling. 12-29-2016 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 01-31-2017 The previous rental license expired. 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 03-03-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 03-15-2017 A $300 Administrative Citation was issued for operating without a valid license. 03-17-2017 A third inspection was conducted and passed; however, the reinspection fees remain unpaid. 05-16-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-16-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-30-2017 A Mitigation Plan was submitted. 06-06-2017 A second letter was sent to the owner(s) notifying of qualification for Type IV 6 - Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-15-2017 The Mitigation Plan was finalized. 06-19-2017 The $200 reinspection fee was paid and rental license passed. 07-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held July 24, 2017. If approved, after six months, a new rental license is required. The license process will begin in three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and presewes the public trust 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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. T _ Mission: Ensuring an attrac7ine, clear, safe, inclusive conu urnity that enhances the qually of life for all people anti preserves the public trust 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 Only) Type I — 3 Year 1-2 units 0-1 3+ units 0-0:75 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III —1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a ?Vdissiorr LIISIU'lrlg an attractive, clean, safe, Incllr5lVC COItlnrrrnlly that enhances the quality cf life for all people and preserves the public. trust report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: ® Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 904 53' Ave N Q � � Mission: Ensuring an attractive, clean, safe, inclusive conanunity that enhances the quality oj'lile 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 904 53rd AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 904 53rd Avenue N, was issued a Type IV Rental License on September 11, 2017; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 904 53rd Avenue N, Brooklyn Center failed to attend Owners/Managers Association Meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 904 53rd Avenue N, Brooklyn Center, MN. ATTEST: April 9, 2018 Date City Clerk Mayor 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 IST ErCtilTd7 Rental License Plan Handwritten dans will not be accepted, This forma can be found on the website atwvrvr.cityofbrooklyncenter,orgirental•plan or call (763) 560-3330 for an electronlc version to be sent via email. Action Plan Type Ill {1 Year] � Mir,gatlon Stan--iyp@ lu {5 Months) � y orf;x�� < ,! i Property Address: 90E 53 Ave-. Norih, Brooklyn GetttLIT MN Oymee s Name(s): t.ocal A gent: Moshe Voratincv Istoki - Sourcc:s-Mekorot O inees Address: Agent Address: Some OvmeIr's Phone; Agent's Phone: some 19E_994-0581 Owner's �nta;l=1 Fshamir657@msn.corn Agent's Email: Current Expiration Dale; 1/2018 Pending Expiration gate: 713 12018 Based on the total number of property code violations found during the initial rental license inspection andlor 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 1, II, and III of the Crime Free Housing Program. It also includes 'measures that must be taken to ensure ongoing compliance v1tih City Ordinances and applicable codes. A rental license Plan allows the owner and the City to review concems and identify possible solutions to improve overall conditions of the propletty. If a Pian is not submitted and/or all Items are not completed Within the lieense 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 carefully and be sure to fallow instructions othervrlse your planyrill not be approved, Rt±ntalLicensePlan, Rev. f -f-18 City of Brookip Center—Community Development iAft�,'vl,cityofbrooklyncenter,org 001 Shingle Creek Parkway, Brooklyn Center, MN 65430-21991 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569.3360 Jw" ti AY 'YNE ttIiTFA t Sections A—Grime Free Hous rry Program R'eq'uirements Phase l Read and check each box. Community Development 1) A written lease agreement Is required, The lease agreement shall include the Grime f=ree Housing Lease Addendum. A copy of the lease agreement and Crime Fres Housing Lease Addendum must be attached to the Plan. 3) Agreo 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 check(s) for all new prospective tenants, It it is a current tenant a new, background check is not required, Upon the City's request, documentation showing a background check vias completed must be provided. 4) Attend an approved e giit hour Crime Free Housing training course, Information for approved courses car, be found at vi%lnfr,mncpa.net. If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plam F-1 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 SiEl Submit Monthly Report by the 14'11 day of eac-h month. Only required for Type IV— Mitigation Plans. Phase ii Y Read and check each box, 1) Complete a Security Assessment and irnplement 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, RX Security Assessment is completed Security Assessment is scheduled for F,age 216 Reirloi Liconse Pian, Rev, 1.1.18 City of Brooklyn Center—Community developmtht vivNv,cityofbrooklyncenter,org 6391 Shingle Greer Parkway, Brooklyn Center, MN 55430.2199 1 Phone: (763) 663-3334 1 TTY; 711 Fax; (763) 569-3350 Sections A --Crime Free Housing Program Requirements (continued) Phase III A,R,M Meeting Requirement Community Development U 1) Owner or agent must attend at rninimuni Wito (2) A,R.M. greetings, The A.R.M. moorings must be completed within the rental license period and before the License expiration date. El2) Registration is not required to attend, however you must sign -in during (tie meeting. A.ft.M.1-ileeting are held in January, t,ijarch,1,0ay, July, September, and November on the 2nd Thursday of the month. Meetings start at 10am and end at 11am. 3) Wrile two months the ovaner or agent plans to attend. /8/1 8 5/10/18 Owner or agent wty1,ill attend A,R,meetings scheduled for. and The following actions are required for Multi -Family properties with four {d) or more units. 01 p jo s,'6 1) Conductresident training annually to include crime prevention techniques. 2) Conduct regular resident meetings, RontalLi`oonse Pj'an, Rei+. f,f-'f8 City of Brooklyn Center—Community Development iK-v ii.cityottbrooklynoenter.org 6301 Shingle Creek Parkway, l3:rcoi•,lyn Center, MN 55430-21991 Phone: 63) 563.3330 1 TTY: 711 Fax: (763) 569-3360 0 0 K t Y n°r rite,cErilEft 1 Community Development Sections &—Long Perm Capital Improvement Phan 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 W11 need to be prodded for each listed item, Items that are broken, damaged, worn, or inoperable may rewire replacement stoner than scheduled. All items gust have a date under the Estimated Replacement tale. plans will not be approved if writing "unsure", "don't knovr`', or leaving it blank, It 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 �rtLast Replaced Condition* W�Estimated Replacement Date Exarnple; Water Heater May 2010 F fay 2020 Item Last Replaced Condition* Estimated Replacement pate Furnace 1990 9 2025 Water heater 712017 N 2027 }(lichen Appliances 03115 N 2027 _ Laundry Appliances 0512016 G 2022 Smoke Alarms! Owbon Monoxide Alarms 51512017 N 2020 Exleror Items paintlSiding 7/2016 N 2030 Nindovirs 2010 N 2022 Roof 712015 N 2055 Garage NIA y G 2027 Driveway 712017 N 2025_ Fence 612014 G 2025 Sidewalks N/A G N/A Shed N/A 'Condition Abbreviations; New* Good=G Falr=F Needs Replacement=R Ptigc 416 Rental Ucenso Plan, Rev. 1-1-18 City of Brooklyn Center—Community Development v,',,soi.cityofbrooklyncenter.org 6301 Shingle Creep Rark�,vay, Brooklyn Center, MIN 55430-2155 1 Phone: (763) 563.33301 TTI': 7t i Fax: {763) 569-3360 n o K t 17 Ti1E rGF}i7�li p Community Development Sections C—Steps to Improve Afanagement and Conditions Wroperfy The items in this section have been proven to assist vjiih property management, property image, and rental license category improvement, The fallowing actions are required: 1) Check in with tenants every 30 -days, 2) Drive by property to check for possible code violations, 3) Evict tenants in violation of the lease or any addendums, 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial clalrnsfpayments due to the City. 6) Have no repeat code violations previously documented With the past year. IX 1 6) Conduct a pre -inspection of the property prior to the rental license inspection. 1_J 7) Other: The following actions are optional unless required by the City. 1) Provide lavesnow service. ❑ 2) Provide garbage service: El 3) Install security system. 4) Provide maintenance service plan for appliances. Name of Ser'Ace company: -- 5) Other: The licensee must comply vAth the approved Pian and all applicable City Codes. A copy of the approved plan will be sent v M a reminder notice to comply with the rental license requirements. Page 46 Rental License Pian` Rov. 141-18 City of Brooklyn Centor-- community Development YNt�,i,cityofbrOo'K]yAcenter.org 001 Shingle Creep Parkway, Brooklyn Center, MN 55430-21991 Phone; (763) 663-3330 1 TTY; 711 Fait; (763) 569.3360 X. L r I c,h) tytp C'Ornmu"Y DevOlopmunt I verity thot al .' 1, '-. "*tmatlh PrOvIded Is true orad ac,�umto' I understaid that if I nOt rOMMY VA11 the aptotOnply with oil items �yithjn thelice;se Pnodj or operetta ,bOYOnd thu licensoexp!r)UOjj date, onforepsvedoPlan, COMPUInts, or license roviow may mns resell, such as OtAgeo, fle"'wo pad rif"! A dkbnr> ovr,.Ly Ddo pBge&V city of OrOklyll ctr)1O(--cOmrnun4 t),avel'Doment Care RunloWconso plla, ROV, 1. 1.18 OAOj M'Av,c"IYOfbtOO�'()IICOnlor.ota 1) Shingle Creek P�jfkvq, Brooklyn Center, MN 55430-2M9 1 Phone: (763) 563-3330 1 TTY,'7i i FaV 063) 5U.3360 City Council Agenda Item No_ lOa #4 ��• 1�05 1 DATE: April 9, 2018 TO: Curt , City Manager oz?! %- THROUGH: Meg Beekman, Community Development Director V - FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6 -Month Provisional Rental License for 2006 Brookview 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 2006 Brookview 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 November 27, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the Type IV Rental License in lieu of denial, revocation or suspension because the owner is working .with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission. F,nsurun an attractive, clean, safe, inclusive connruuity that enhances the quality of life for all people and preserves the public trust 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 2006 Brookview Dr, a single family dwelling. 09-12-2017 An initial rental license inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 09-30-2017 The previous Type IV Rental License expired. 10-09-2017 The owner called to reschedule the rental license inspection from 10/13 to 10/27. 10-26-2017 The owner called to reschedule the rental license inspection 10/27 to 10/30. 10-30-2017 The owner called to reschedule the rental license inspection 10/30 to 11/9. 11-09-2017 A second rental license inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-09-2017 A $300 Administrative Citation was issued for operating without a rental license. 11-22-2017 The owner called to reschedule the rental license inspection from 11/28 to 12/11. 12-I1-2017 The third rental license inspection was conducted and passed. The $100 reinspection fee was still owed. 01-26-2018 A Mitigation Plan was submitted. 02-08-2018 A $600 Administrative Citation was issued for operating without a license. 03-22-2018 The Mitigation Plan was finalized. 03-30-2018 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-30-2018 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. 03-30-2018 A letter was sent to the owner notifying that the hearing before the Council will be held April 9, 2018. Previous rental license approval activities 09/30/2017: 03-31-2017 The previous Type IV Rental License expired. 04-05-2017 The owner, MNSF II, LLC, applied for renewal of the rental dwelling license for 2006 Brookview Dr, a single family dwelling. 05-08-2017 An initial rental license inspection was conducted. Fourteen property code violations were cited, see attached rental criteria. 06-14-2017 A $300 Administrative Citation was issued for operating without a license. 06-22-2017 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 07-10-2017 The $100 reinspection fees were paid. 07-14-2017 A third inspection was conducted and failed. 07-31-2017 A fourth inspection was conducted and failed. 08-16-2017 A fifth inspection was conducted and failed. Reinspection fees were waived due to a change in management companies. 09-18-2017 The City utilities became delinquent. 09-19-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. Hission: Ensuring an attractive, clean, safe, inchisive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 09-19-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, Il, and III of Crime Free Housing Program, etc. 09-27-2017 The City utilities were paid. 10-18-2017 A Mitigation Plan was submitted. 10-31-2017 The Mitigation Plan was finalized. 11-09-2017 A $300 Administrative Citation was issued for operating without a license. 11-17-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 27, 2017. Prior Type IV Rental License approval activities: 09-09-2016 The owner, RHA 3, LLC, applied for renewal of the rental dwelling license for 2006 Brookview Dr, a single family dwelling. 09-30-2016 The previous Type IV Rental License expired. 10-07-2016 An initial rental license inspection was conducted. Fourteen property code violations were cited, see attached rental criteria. 11-16-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-18-2016 A $300 Administrative Citation was issued for renting without a license. 12-06-2016 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 12-21-2016 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 12-22-2016 The $200 in reinspection fees was paid. 01-27-2017 A $600 Administrative Citation was issued for renting without a license. 01-30-2017 A fifth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 03-09-2017 The $200 in reinspection fees was paid and the rental license passed. 03-20-2017 A $1200 Administrative Citation was issued for renting without a license. 03-21-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-21-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, 11, and III of Crime Free Housing Program, etc. 04-13-2017 A second letter was sent to the owner(s) notifying of qualification for Type IV 6 -- Month -.Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-01-2017 A Mitigation Plan was submitted. 05-12-2017 The Mitigation Plan was finalized. 05-15-2017 A letter was sent to the owner notifying that the hearing before the Council will be held May 22, 2017. !Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people aural preserves the public dust Prior Type IV Rental License approval activities: 06-17-2015 The Owner, Simply Residential Property Management, applied for an initial rental dwelling license for 2006 Brookview Dr, a single family property. 07-13-2015 An initial rental license inspection was conducted. 14 property code violations were cited, see attached rental criteria. 08-13-2015 A second inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property. 08-27-2015 A third inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property. 09-09-2015 Housing Supervisor was notified that the rental property is under rehab and will not be completed for two months. Inspections postponed until further notice. 09-11-2015 The $200 reinspection fees were paid. 11-10-2015 A fourth inspection was conducted and failed; corrections not completed. A $100 reinspection fee was charged to the property. 11-23-2015 The $100 reinspection fee was paid. 11-24-2015 A fifth inspection was conducted and failed; corrections not completed. A $100 reinspection fee was charged to -the property. 12-02-2015 The $100 reinspection fee was paid. 12-09-2015 A sixth inspection was conducted and failed; corrections not completed. A $100 reinspection fee was charged to the property. 12-16-2015 A seventh inspection was conducted and passed; corrections completed. The $100 reinspection fee was paid. 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. 03-04-2016 A letter was sent to the owner notifying that the hearing before the Council will be held March 14, 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: 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 Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1. Determining License Categories. .Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality.of life for all people and preserves the public trust License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: ® At least 75% of units will be inspected for properties with 15 or less units. ® At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1— 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Atission: Ensuring an attractive, clean, safe, inclusive conrnrunity that enhances the qualitp of life for all people anti preserves the public. trust Type III —1 Year Type IV — 6 Months 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 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 2006 Brookview Dr Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member moved its adoption: RESOLUTION NO. introduced the following resolution and RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 2006 Brookview Dr WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 2006 Brookview Dr, was issued a Type IV Rental License on November 27, 2017; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (11) and validated police nuisance incidents (zero); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License to complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and complete security improvements; and City Ordinance Section 12-913 requires submittal of monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 2006 Brookview Dr, Brooklyn Center, MN. April 9, 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: vsz�' �i2 Alission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for all people and preserves the public trust and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people ani! preserves the publie trust ainmunity Deveiopmont 46 r'd °, t..lid Ar y+f l,cair►a ental License/Ell! Handwritten Maris will not be _accepted. This form tan be found on the vrebsito at iyw do ofbrooktyncenter,orglren'ai-plan or call (763) 569.3330 for an electronic version to be sent via emall. kiion Plar —Type til (9 rear) MI.11ga4ion No-nT-Typo iTV"($ Months) oval Agent: Ranters Warehouse ont address, 1320-7 Pioneer Tr Ill 00 Eden Prairie, MN 55347 agent's Phone: 952;471 $$ Agents Email` $` lek;�rerkoraware�nuao,rtrn nding WItation Data,ll?I201$ Based on the total number of property code violatons found during lata Initial rental license inspection and/or validated police nuisenco ind-dents, the above referenced property Is required to submit an Action (Type 111) or)#itlgation Plan (Type W). to order to ensure tin161y tomplotion of the license applicantl process, a Plan must tie completed lmmedlal0y and submitted for approval, Tho 'Plan includes Phase 1, 11, and Ill of the Uma 'Free Housing Program. h also includes measures that must be taWn to ensure ongoing -oomplianco Wth City Ordinances and applicable nodes, a rental license Plan allows tate owner and the City to rev ew toncenls and Identify possible solutes to Improve overall owditions of the property, if a Plan is riot submitted and/or all items are not owipleted Within the license period, or the above property operates beyond the llcsnse exprrattison date, enforcemef t actions such as en admintshtivo Citation, formal complaint, or license review may result. -Dago 116 Read tariefully and be,surn to follow lnstru ris, atherwiso your Wan will not be a orovod. RenlW Ucense flan, Rov. 1.1-98 City of t3 oAlyfl centerw-community oovelopment vAYW,cityofbroAlynronter.org 53015hingto Crook Parkmay, SrooWyn Center, PIN 55430.21991 Phone; (163) %3-33301 TTY: 711 Foxy (763) 669-3360 Mission: Ensuring an attractive, dean, safe, inclusive community that enhances lite quality of life for all people and preserves the public trust ? � Srnakvie��r ProperiyAddross; Owner's Nante(s): (ANSF 117`1, LLC �^ L Owner's address; #3386 Mordson Blvd #320 Cfia irlotte, NG 20111 Ag (704.4 2�-1094 Owriet's Phone; Owner's Email; Ecom 0/30/2018 pe Current Fxpitabon Date: oval Agent: Ranters Warehouse ont address, 1320-7 Pioneer Tr Ill 00 Eden Prairie, MN 55347 agent's Phone: 952;471 $$ Agents Email` $` lek;�rerkoraware�nuao,rtrn nding WItation Data,ll?I201$ Based on the total number of property code violatons found during lata Initial rental license inspection and/or validated police nuisenco ind-dents, the above referenced property Is required to submit an Action (Type 111) or)#itlgation Plan (Type W). to order to ensure tin161y tomplotion of the license applicantl process, a Plan must tie completed lmmedlal0y and submitted for approval, Tho 'Plan includes Phase 1, 11, and Ill of the Uma 'Free Housing Program. h also includes measures that must be taWn to ensure ongoing -oomplianco Wth City Ordinances and applicable nodes, a rental license Plan allows tate owner and the City to rev ew toncenls and Identify possible solutes to Improve overall owditions of the property, if a Plan is riot submitted and/or all items are not owipleted Within the license period, or the above property operates beyond the llcsnse exprrattison date, enforcemef t actions such as en admintshtivo Citation, formal complaint, or license review may result. -Dago 116 Read tariefully and be,surn to follow lnstru ris, atherwiso your Wan will not be a orovod. RenlW Ucense flan, Rov. 1.1-98 City of t3 oAlyfl centerw-community oovelopment vAYW,cityofbroAlynronter.org 53015hingto Crook Parkmay, SrooWyn Center, PIN 55430.21991 Phone; (163) %3-33301 TTY: 711 Foxy (763) 669-3360 Mission: Ensuring an attractive, dean, safe, inclusive community that enhances lite quality of life for all people and preserves the public trust 0 �� ti4r.f:�tr�Ert 2006 Brookview Community Development S+ ctlons A—Crlmo Pr6o Housing Program P'equlremonfs phase 1- Read and check each box. 1) A Mitten lease agroemont ,s required. The lease agreement shall Include the Grime lame Housing t.esso Addendum. Atopy of the lease agreement and Crime Fmo Housing Lease Addendum must be attached to the Pleur. 2) Agree to pursue the termination of lease agreement or eviction of tenants who *fate the terms of the lease or any addendums. 3) Conduct criminal bac4roundchock(s) for all new prospective tenants, if it Is a currant tenant a new background check Is not required, Upon the Mrs request, documentation sho�hing o background check was completed must ba provided. 4) Attend gn approved elgiht-hour Grim Free Housing training course. Information for approved Courses can be found at wiwi,rrmtpa.net. If you have completed the course attach a copy of the Crimo Free Housing Certificate to the Pian. Come Free Housing training Is completed Cdrm Free Housing training is scheduled for.. pro Owner or agent plans to attend training at: Namo of MI El si Submit Month3y Re it by the 1Dr5 day of each month, Only required for Type 111-- Mitigation Plans. Phase il a Road and chock each box. 1) Compute a $ecurlty Assessmont and Implement improvements required by the Brooklyn Canter Police -Department. To scrredule a Sacuriy Assessment call (763) 559-3344. x ) A follow-up assossment must be completed before the license expiration date to verify the security improvements have b&an lrnplemented, To schedule a follow up Inspection tall (763) 569.3344, Pogo 216 Security Assessment is =&ted 212/18 EjSecurity Assessment Is schodulad 1?ontatLtcrnse Flan, Rov 1.1.16 City of Brooklyn contour-tommunity Development #m w.cityoforookly=nlef.org 6301 shingle Creek Parkway, Brooklyn °Center, IMN 65430.2M 1 Phoria; V63) 563.3330 1 TTY: 711 Fax; (763) SM334 a V, x a ), t7 Pq r;rt.Yrn 006 Brooicvlew Soctions A—Crlmo ftea Housing Program Roqultwonts fcontlnued) Phase lli z AAM MooUng Requirement Community Development 1) Nnor or agont gust attend a1 minimum two (2) Akf,t. meetings. The AAA meetings must be oomploted within tho rental license period and before the Liconse expiration &to. 2) Registration is not required to attend, however you must gn4n during the mooting, ARM, Moeimg ora hold in Januaty, March, May, July, September, and November on the 2nd Thursday of the month, Meetings start at 10am and end at I lam. 3) nitrite two mmrths the owner or agent plans to attend. Ovmer or agent will attend A.R.M. moetings scheduled for, 1/11/18 . The following actions are required for Muiti•r':amliy proportles with four (4) or more units, FNI Pago U 1) Conduct resident tra ping annuallyto Include crime proventton techniques. 2) Conduct regular resdent meetings. Rental ticonso Plan, Rov.1-t-la pity of Btook(n Cent" --Community DevOlopincnt mAv.dtyofb*0 pcenter;org 6301 Shingle Crook Partway, Brorikiyn Cantor, Mid 6500.2 g9 ) Phone: (783) 563-3330 I TtY: 711 pax: X103) 669-3360 for atlpeople and preserves the public trust OF, C, t T C V, 2,006 Srookview Community Dovolopment Sections R- Long Term Capital Improvement Plan All tompononts of a house will need to bo replaced when it is beyond repair or its useful life. Based on cordition, age, and Iso, an estimated replacomont date *W l need to be provided far each listed item, Items that are broken, damaged, wom, ,or inoperable may require replacement soomr khan scheduled. A11 items must have a date under the EsUmafed lleplaamanf rata. Blanc will not bo approved if writing "onsuro", "don't know", or leaving tt blank, if you are unsure of vrhen an item wvill need to be repiaced, y*u pan hake a prediction based on the ago, use, condition, or manufacture tecommendatlons. item Last Roplaced Condition" Estimated Replacement Oato Exalt pile Water Hoalor may 20 to F May 2020 Item Last Replaced Condition* Estimated Roplacemont bate Furnace Feb 2015 f Feb 2025 Nater Heater Feb 2015 f Feb 2025 1Cit!en Appiances Feb 2010 'Fe f Feb 2025 Laundry Appllancm b...2015 _• _,..n Feb 2025. . Smoke Alarms/ Carbon PN!vonoxidoAlarms May 2016 f May 2021 Exterior items PalnUSiding May 2015 f May 2025 Windows May 2015 f May 2025 Root May 2015 f May 2025 Garage April 1965 _ f _ April 2035 Driveway May 2015 f May 20,25 Fence June 2012 f �June 2022 Sidewalks May 2015 - .fuw_., May 2025 Shod July 2015 f July 2025 'Cohditlon Abbraylatlonc. NW.N GoodaG Fair -4 Nods Roplanonront=R Pago 4.16 Dental Vaso Pian, Rev, 9.9.18 My of Brooklyn t onter--Communay Dovaiopmont *mwi.cityofbrooklyncRnter.org 6301 Shingle Creak Parkway, Brooklyn Center, IAN $5430-21991 Phone: X763) 56333301 TTY: 711 Fax: (763) 569,3360 t,k o o Y c r Ktti�^� "Ib71M, AT Ytic Ofiiirit 2006 Brookview Sections VC -Stops to Improve Management and Conditions of PropoHy Community Development The items in this section have been proven to assist YA property management, property !maga, and rental license ratry improvement. `rhe 'following actions era required; 1) Check-in with tenants every 30 -days, ) Drive by property to check for possible code violations, 3) Evict tenants in violation of the lease or any addendums, 4) Rarnafa current on all utility fees, tares, assessments, fines, penalties, and other financial claimstpayrmtents due to the C:ty, 5) Have no repeat rode violations previously documented with the past year, 6) Conduct a pro 4nspection of tho property prior to the rental license Inspection. 7) gig+ Tho following actions are op8onal unless required by tho City. 1) proviide tewtVsnow service, ) ProNide garbage ser vice, ) Install security system, d) Provide mointenanx serulce plan for appliances. Maitre of service company: ) Crer n._.. _ .. �..� The Jicensoe must comply with the approved plan and all applicable City Codes, A copy of the approved plan will be sent with a reminder nolia, to comply An the rental license requirements, Waage &6 Rural Lk4nso Platt, Rva,1.1-18 Clly c' Brooklyn Center—Community Devolopmant Wffw,.dIyOfbro:tl lynC40nter,0rig 6301 l ing(,e Creek Podmay, Brooklyn Unter, MN 55430.2`1991 -Pitons; (763) 563-33301 TrYa 711 pax: (763) 569-33E0 0 m" OY yy tiff tkUYUR Sfgn and Verify 2006 Brookvlow Community Development vorify that all Intomat on plovidod 1s true and accurate. 1 understand that if 1 do not comply with the approved plan, comply with all items within the ricense period, oroporate beyond the tibense expiration date; enforcemit actions such as eltatons, fomial complaints, or Mcense remw rnmy result, Amanda Shoat V t?mwf or,iOM Nm and Tide p 4oaw fWr 9 t?:4�srt arA�orsi �� afury AMtifi l Ownarorlh�aot Name and Trig (1; A,*ikal7'il Pk use RAY) w.__... _ A" ddhnsl O nOt wAvi-d Sk;mtuta {tf Appk4W) 'age (al; wy staff Only (j f �J J K iJ� � L`fipafirP,Ont �� r$rLR1�j ti8%9tGGtTatlt {7 'f4 Rental f.kom tVap, 7 ov, 1-j'-18 City of Brooklyn Center--Oommunity puaelopment vew,cilyolbrooldyncentervq 6aoI shingle CreekNrWay, Brookjyn Center, MN 65430.2159 ftne: (753) 663.3330 $ TTY 711 Fax: (763) %9.33130 for all people and preserves thepublic trust City Council Agenda Item No. lOa #5 COUNCIL ITEM MEMORANDUM DATE: April 9, 2018 TO: Curt , City Manager THROUGH: Meg Beekman, Community Development Director s--- FROM: Xiong Thao, Housing and Community Standards Supervisor � `l SUBJECT: Type IV 6 -Month Provisional Rental License for 5455 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 5455 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 renewal of two rental licenses. This is a single family property. The property would qualify for a Type IV Rental License based on seventeen (17) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Further, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings and turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. Under this license action, the property owner will receive two successive Type IV Rental Licenses- one that will have expired on March 31, 2018 and one that will expire on September 30, 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. Mission: Ensnrina an attractive, Clean, safe, inclusive community that enhances the quality of life for all people and preserves the publie trust COUNCIL ITEM MEMORANDUM The following is a brief history of the license process actions. Current rental license approval activities for license that expires 09/30/2018: 01-17-2018 The owner, Mark Colville, applied for renewal of the rental dwelling license for 5455 Emerson Ave N, a single family dwelling. 02-15-2018 An initial rental license inspection was conducted. One property code violations were cited, see attached rental criteria. 03-20-2018 A second inspection was conducted and passed. 03-21-2015 A Mitigation Plan was submitted. 03-28-2015 The Mitigation Plan was finalized. 03-30-2018 A letter was sent to the owner notifying that the hearing before the Council will be held April 9, 2018. Prior rental license approval activities for license that expires 03/31/2018: 06-09-2017 The owner, Mark Colville, applied for renewal of the rental dwelling license for 5455 Emerson Ave N, a single family dwelling. 06-27-2017 An initial rental license inspection was conducted. Seventeen property code violations were cited, see attached rental criteria. 09-30-2017 The Type III Rental License expired. 10-03-2017 A second inspection was conducted and failed. A $100 reinspection fee is charged. 11-07-2017 A third rental license inspection was conducted and failed. A $100 reinspection fee is charged. 11-13-2017 A $300 Administrative Citation was issued for operating without a rental license. 11-20-2017 A fourth rental license inspection was conducted and passed. A $100 reinspection fee was paid, however, a $100 reinspection fee is still owed. 12-01-2017 A $100 reinspection fee was paid. 01-04-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 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. 03-19-2018 A $600 Administrative Citation was issued for operating without a rental license. 03-21-2018 A Mitigation Plan was submitted. 03-28-2018 The Mitigation Plan was finalized. 03-30-2018 A letter was sent to the owner notifying that the hearing before the Council will be held April 9, 2018. If approved, after six months, a new rental license is required. The license process will begin in 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 Mission. Ensuring un attractive, clean, safe, inclusive con uncni(v that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chanter 12 of City Code of Ordinances: ion 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: F_'nsuring an attractive, clean, safe, inclusive conununity that entrances the quality of'life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria z Mission. Inuring an attractive, clean, safe, inchrsive conrnusnity that enhances the quality of life for all people artd preserves the public trust COUNCIL ITEM MEMORANDUM b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than`1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units' Greater than l 5 or more units Greater than 0.50 Budget Issues: .Wlission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public. trust COUNCIL ITEM MEMORANDUM There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving Two Type IV Rental Licenses for 5455 Emerson Ave N Mission: Ensuring an attractive, Llean,sgf% , inchisive conimunity that enhances the quality of IjP for all people and preserves the public bust Member moved its adoption: RESOLUTION NO. introduced the following resolution and RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5455 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 5455 Emerson Ave N, is issued a Type IV Rental License with an expiration date of March 31, 2018; and WHEREAS, the property located at 5455 Emerson Ave N, is issued a subsequent Type IV Rental License with an expiration date of September 30, 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 5455 Emerson Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that two TYPE IV Rental Licenses are hereby approved for the property at 5455 Emerson Ave N, Brooklyn Center, MN. ATTEST: April 9, 2018 Date City Clerk Mayor 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 R Rental License Plan Handwritten Plans will not be accepted. This form can be found on Nj w6bsite at %weiv,cityoforooXlyncenter,otgirentof-plin or call (763) 569-3330 for an electfonic version to be sent Via email. Action Plan—Type III (I Year) ZMItigation Plan—Typo IV (6 Months) ftponyMdress: 0"'Iner's Addro'ss'. Owners Phone* F1=r 177601 —11'm Ruild SIO Q0 61 424' 40 Loca I Agont, Agont Address; Agent's Phone*, twic�slroiri@elb Agent's Einail, owner's Email: R\:A:i:lc . �St r 0 Current Expiialion Date: r–N Pending Expiration Bas�d on the total njmber of pioperly code Violations found during the Initial rental licento inspection and/or validated police nuisance inc,donts, the above referenced property Is required to submit an Action (Type 111) or Mitigation Plan (Typo IV), In oidot to tnwre timely oomp!btion of tho license opplioation process, a Plan inust be completed immodiatoly � and submitted lot approval, The Plan inclides Phase 1, 11, and III of the Crime r roe Housing Program, It also in 0ludes meavires that trust be taken to ensure ongoing compliance willi City Ordinances and applicable codes. A rental license Plan Wilows rhe owner and the City to revi6w concorns and identify possible solutions to improve overall conditions of the property. If a Plan Is not submitted a�ndfor all fterns ae not completed Whin the license period, or the above prop" operates beyond Via r;""onso oxplmtion data, enforcement notions such as tit) administrative citation, formal complaint or license roview may rosin;. Read carefully and be Sure than will not be ap roved, pzig�' 11r3 Ran, {OV,, 1448 City of Utooklyn centet—Community Development ;,301 Slj:qo Crook Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 665-3330 1 TTY: 711 Fax: (703) 50-3340 CNTER E" I I ,, a Z' c-:" " ,,, bt'i;1:5 Community Development Sections A—CrImo Ftoo Housing program Requirements Phase I - Read and chock each box. 1) A voilton leaso ogreemont is required. The lease agreement shall include tho Crime Free Hojma#tio Lem Addendum, A copy of the lease agreement and Crimo Free Housing Lease Addendum must be attached to the Plan. 2) Argrao to pursue the torminotion of loaso agreement or ovidon of tenants who tiolato the t(? ml of 010 103sa or any addendums, 3) Conduct criminal background chock(s) for ;all now prospective tenants, Ifitisticurrant tenant anova background chock Is not required. Upon the City',o rc--riuost, dotunw-ntaton shovimg o backgrourd chock �vas completed must be provided. 4) Attend an approved aight-hour Cdnio Free Housing training coutso, information for at)provOd 00ut's6s can be found of ti%*Oi,lvlcpa,not, if you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan. Crime Free Housing training is compieted Crime Freo Housing training is scheduled for Date aynor or agent Plans to attend training at' 41�mo of Or] El 5) Submit Wnthly Report by the *W; day of each monist, Only required for Type IV—Mitigation Plans. Phose 11 - Road and chock each box, 1 Coniplete a Security Ass ass mo tit and inlPlo Ment imProveme nts mqo irad by the Brooklyn Coater Police , I Department, To schodule a Sevirity Assossment, call (763) SM3344, E] 2) A follow-up assessment must be completed before the license expiration data to VOWY the 60CUritY impirovomentsbavo beer, implen-&ntind. To s6edule a follow up inspecton gall (763) 50-3344, ElSecurity Aswssmont is comploted 11 Socurit/ Assessment is scheduled for Page Z16 Rento I LitynsP tP'fOP, 396V '14.18 City of Brooklyh Center—Community 00010MOM 6341 Shingle Crook Parkway, 8rookiyn Center, IAN 55430.2`199 1 Phone,. (763) 563-3330 1 TTY: 711 Fax (763) 569-3360 Community Development CENTER ?I % a tC "f �i I t 'a &M Sections A—Critne Free Housing Program RequIramonts (continued) Phase III - ARIA Meeting Requirement 1) Owner or agent must attend at minimum Mo (2) ARM, 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, towprvor you rhust sign -in during the meeting: AR Mooting are hold in Anuovy, March, Nlay, july, 86ptetnbor, and November on tato 2nd Thursday of We month. Meet ngs slplrt at Wom and end at I lani. L3) ii'Vtile two months the owmr or agent plans to attend, may 1 Oth 7/12/2 01 Ovitior or agent vit'l attend A, R.M. meetings schodulod for, and The following actions ire required for lilulti-Family properties with four (4) or more units. [:] 1) Conduct resident training aorinui*/ to include crinio prove nbon toohnique s, 2) Corduct rag u lar roside tit, mstinj, s, pago V6 NNW Licens-0 Ran, Rev, 1,1 � 18 City of Brooklyn Contor—Community Dovolopmont %1Am.cItyofbrookIyncentercq 6301 Shlbqlo Otook Patkway, Btookryn Center, UN 55430.2199 1 Phone: (763) 563-3330 1 TTY; 711 Fax: (763) 699-3360 All t3 ,515 E w tr r -*.v,$ ki a tai $eotions B—Long htm Capital Improvenlont Plan Community Development Ali components of a house v4ll need to tA replrjed Mien it is beyond repair or its useful Ve, used on condition, age, and use, an ostimated rapiac6ment date 011 need to be provided for oncli listed item, items that are broken, diniaged, wolfn% or inoperable may requiire taplat6nient &oonor than scheduled. All items must h3vo a date under the tstimated Rep1sc6meni Deta, Plans will not be approved It writing "unsure", "don't know", or leaving it blank, if you Pro unsure of Men an Rom Oil need to be replaced, you can make a pre -diction based on the ago, urn, 00nditiol, or rnaiiuf,,ittutofocon)rrondalions, - Item Last replaced Condition' Estimated Replacement Date Ex4mplt,: "Vater floater Mny 2010 P hfay 2020 Item Last Replaced Condition' Estimated Replacement Date Driveway 11 /201 g 1112044 Furnace 11/2014 11/2029, Wiater Heintet 6/2016 6/2026 Kit0en Appliances laundry Applianoes 'ria --- Smoke Alarms/ 6/2017 6/2022 Ozuboo Mpnoxida Alarms Exterior Items Sidawalks — k6 h Shod 'Condit'on Abbrevi6ons, Noor -N Needs AO-Plaotnloflt--R Page 416 City of 8(ooklyn Contor—COMMUnItY DeVOOPMOM 6301 $)jingle Greek Parkway, Brooklyn Center, tAN 6WO.2199 I Phone: (763) 663-3330 1 TM 711 Fctx, {763) 569.3360 9/2017 n 9/2027 '1Jrntin ,s (3/2010 f 6/2025 R oof 6/2000 f ---- 612025 G a rag a na 9 Driveway f Fonce Sidawalks — k6 h Shod 'Condit'on Abbrevi6ons, Noor -N Needs AO-Plaotnloflt--R Page 416 City of 8(ooklyn Contor—COMMUnItY DeVOOPMOM 6301 $)jingle Greek Parkway, Brooklyn Center, tAN 6WO.2199 I Phone: (763) 663-3330 1 TM 711 Fctx, {763) 569.3360 CENTER 54 11 o 's� -0 Av 0 N Community Development .Sections C—stops to Improve Management and Conditions of Propoily The Items in this section have been proven to assist WLh property management, property imago, and rental flonse, category improvement. The following actions are required: 2) Nve by properly to chock for possible code violations, ix_ 3) Elvllict tenants in vioIntion of the lanse of any addendums. Ej4) Rernain cirtont on all utility toes, tees, asses fines, penollies, M, d oftr financial 04alms/payments due to the city. ox 5) AM Will tho Past year. F!j I x i 6' Conduct apre-in$P6011011 Of th0properly rxtl�w ior to rental license inspection, L [1 7) Nher: The following actions are optional unless required by the City, iE] 1) Provide lawn/snow lc e. 2) Provide garbole sorvioo- 3) Inn all smuitysysleni, 4) Prmk'!e rnain"101) for "IPPL"WICOS, Service P Wine, of c,,PtNf= companyl- The Il onste must comply vAth fire approved Plan and all applicable City Codes, A copy of be approved plan Will be sent with ; o tomi-der not':Co to cornply with tile rental license re quif 01110 nts, pa""6 �V6 Rental bkvnse (-Yan, RM I- 1- 18 City of Bf oalp Contor—Community Development 0d1 Shinglo Croek Parkway, Brooklyn Go ntor, N(IN 0430.2-199 1 Phono: (763) 603-3330 I TTY, 711 Fax: (763) 561,1,330 0K Af CENTER r -a lvc 5!155 t;-nfi,txei Ave N' Community Development Vgn rind Vorify I viotjfy Plat all Inion iMon pro '*d is i uo Itlj nocurato, I understand qW If I do not compt� vi%i the -apprmd Plan, o�mply vh; , al! Pomr, Wthin tho license period, of Opara"a beyond tho heontfi eypiration dale, onforcoment actioris suoh 0"', citzitions, fon"ll tomptrrints, or I,conl,,'o rov!ow May resUlt Toni Wickstrom/Managor Agent F � �f f� i- ( 4 �:j Owrof Ot 0,),*) 10 4"1 fit sIp",:"Ic'M City 5101 only .......... PO 4,,n Or I 0, t Ulitj Dowto rx!P1 Page 61,6 City oll3rookip Contot—Cortu"ItY OMIOPM-'�"t 6301 Owiter, 1AN 554')MM 1 Phone: (763) 663-3530 1 TTY: 711 Fax: (763) 5604MO City Council Agenda Item No_ lOb DATE: March 26, 2018 TO: Curt Boganey, Cit ger FROM: Meg Beekman, Director of Community Development SUBJECT: Master SAC Deferral Agreement Recommendation: It is recommended that the City Council approve a Resolution approving the Master SAC Deferral Agreement between the City of Brooklyn Center and the Metropolitan Council It is recommended that the City Council approve a Resolution approving the Deferred Payment Agreement between the City of Brooklyn Center and Jambo Africa, Inc. Background: The Metropolitan Council adopted a Small Business SAC Deferral Program in 2012. The program allows for businesses with a sewer access charge (SAC) determination of 25 SAC units or fewer to defer up to 80 percent of the owed SAC fees over a period of time. A low interest rate is applied to the outstanding balance during the repayment period. When a new business applies for a building permit, the Building Official sends copies of the plans to the Metropolitan Council for a SAC determination. The Met Council uses a formula to determine the estimated amount of sewage flow that the business will supply. Businesses with higher numbers of sewage producing facilities; such as toilets, sinks, and faucets; or high numbers of capacity for people, will have higher SAC units assigned to them. The cost of a SAC unit changes from time to time; however, the current rate is $2,485 per unit. Because the calculation of SAC determinations is complex, and because SAC charges are not a well-known business expense, it is not unusual for a new small business owner to be surprised by the high cost of their SAC fees. The Met Council has attempted to lessen the burden of paying this fee by allowing business owners to defer the payment over a longer period of time. Master SAC Deferral Agreement: In order to facilitate the SAC deferral, the Metropolitan Council requires that cities enter into a master agreement to provide the program. The Agreement outlines the requirements of the program and the process by which a business owner can receive the deferral from the Met Council. Cities determine the maximum amount that may be deferred (up to 80%), the length of time of the deferral (5 or 10 years), the frequency of billing (once or twice per year), and which months to receive invoices. Once the Master SAC Deferral Agreement is approved, cities have the discretion to determine their own policy regarding how and under what conditions a business may be eligible to COUNCIL ITEM MEMORANDUM participate. Once a business has been identified by the city to participate, the city must notify the Met Council of their participation, collect the minimum 20 percent down payment at the time of building permit issuance, and remit it to the Met Council. An amortization schedule is them created and the City will be invoiced by the Met Council according to the agreed upon schedule. The city would then enter into an agreement with the business owner regarding repayment of the deferral to the city. Should the business go out of business, the city can continue to pay for the deferred credits; any credits that were paid for would stay with the propertv and could be used for a future business, or be taken city-wide. The city could also choose to stop making payments and any SAC units not yet paid for would go back to the Met Council. Use of SAC Credits: When a building turns over to a new use that requires fewer SAC units, or a property is demolished, if there are SAC units that were originally paid for (not "grand fathered" in from a longstanding use), the city can capture those credits to use city-wide, provided that at least one credit remains on the original property. The excess credits would then automatically go to the next new business that needed them, unless the city chose to collect the fees from that new business and redirect them elsewhere. The Met Council does not limit how fees captured from the use of SAC credits may be used. For a period of time prior to the mid -2000's, it appears that Brooklyn Center routinely collected SAC credits from properties as they turned over or became vacant. Those credits were then reinvested in new businesses that needed them, thus reducing the upfront cost of opening a new business. At some point the Metropolitan Council adjusted the way that city-wide credits were collected and tracked. Now, credits can only be collected at the time a building permit is issued or at the time a building is demolished. It appears for at least the last several years, Brooklyn Center has not been collecting excess credits as properties redevelop or become vacant. Thus, the City currently does not have any city-wide credits available. Staff will develop a policy for the collection and use of SAC credits moving forward to present to Council for consideration at a future meeting. Jambo Africa Request: Jambo Africa is an existing restaurant in the City. The owner has recently purchased a new property at 1601 Freeway Boulevard and intends to relocate their business. The building was previously used as a market, and prior to that was an Arby's. The Arby's required five SAC units. When it closed and was replaced by a market, the market only required one SAC unit. At that time the City captured the four excess credits to be used city-wide. Jambo Africa recently received a determination, based on their seating and layout, of 15 SAC units. Minus the remaining credit on the property, the owner owes $34,790 in SAC fees to the Met Council. As an unanticipated expense, the owner has indicated that this would prevent her from opening the new business. She has requested a SAC deferral. The City Attorney has drafted a Payment Deferral Agreement, which would require the property owner to make payments to the City to cover the full cost of the deferment over a period of five years. The City in turn would make payments to the Met Council. There would be no cost to the City to enter into this agreement, with the exception of administrative time to issue invoices and collect and make payments. In the event of a default the City would have the authority to assess the remaining balance, plus any administrative costs, to the subject property. If the business ceases operations on the property for any reason the City could stop making payments to the Met Council and forego any unpaid SAC units, or continue to make payments and capture any excess credits City-wide. There has also been discussion with the property owner about the possibility of using future SAC credits to assist with the repayment of her deferral. The use of future credits in this manner would be part of a future policy discussion with the Council regarding the use of captured SAC credits. It should be noted that this request is contingent on the Council's approval of the Master SAC Deferral Agreement between the City and the Metropolitan Council. Policy Issues: • Is the Council willing to have the City enter into an agreement with the Metropolitan Council to allow businesses to defer their SAC fees? Budget Issues: There are no costs to the City to enter into either the Master SAC Deferral Agreement or the Payment Deferral Agreement. Strategic Priorities: • Targeted Redevelopment Attachment • Master SAC Deferral Agreement between the City and the Metropolitan Council • Payment Deferral Agreement between the City and Jambo Africa, Inc • Resolution Approving the Master SAC Deferral Agreement between the City and the Metropolitan Council • Resolution Approving the Payment Deferral Agreement between the City and Jambo Africa, Inc. COMMUNITY: Brooklyn Center No.18M131-1 COMMUNITY ADDRESS: 6301 Shingle Creek Parkway CONTACT PERSON: Nate Reinhardt, Finance Director COMMUNITY -WIDE SAC DEFERRED AMOUNT: 80% COMMUNITY -WIDE SAC DEFERMENT PERIOD/TERM: 5 years PA,VMENT M. ONTP!(S)- jure and November THIS MASTER SAC DEFERRAL AGREEMENT ("Agreement") is entered into by and between the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, with business offices at 390 Robert Street North, Saint Paul, Minnesota 55101 ("Council"), and the local government unit identified above as the "Community." Recitals 1. The Council owns and operates the metropolitan disposal system. Under Minnesota Statutes section 473.517, subdivision 3, the costs of acquisition, betterment and debt service associated with the "reserve capacity" of the system must be allocated among and paid by the respective local government units in the metropolitan area through a sewer availability charge ("SAC") for each new connection or increase in capacity demand to the metropolitan disposal system within each local government unit. 2. Individual property or business owners whose properties are either newly connected or increase capacity demand to the metropolitan disposal system do not pay SAC to the Council. However, local government units that pay SAC to the Council for new connections or increased capacity demands typically pass on those costs to property and business owners by assessing property and business owners a "Local SAC" which sometimes includes local add-on charges. 3. Minnesota Statutes section 473.517, subdivision 6 authorizes the Council to provide for the deferment of payment of all or part of the allocated costs which are allocated by the Council to a local government unit in any year pursuant to section 473.517, subdivision 3. The deferments are repayable at such time or times as the Council shall specify, with interest. 4. At its November 28, 2012 meeting, the Council adopted changes to its SAC program including a small business SAC deferral program. The changes became effective January 1, 2013. At its January 22, 2014 meeting, the Council adopted changes to the SAC deferral program that became effective immediately upon adoption. 5. The Council wants to encourage and help communities promote business development by deferring community SAC payment obligations pursuant to Minnesota Statutes section 473.517, subdivision 6, so participating communities may pass through to businesses the benefits of deferred SAC payments by the communities. The Council's Sewer Availability Charge Procedure Manual Page I of 7 Pages (January 2014) states that communities that want to participate in a SAC deferral program must execute a standard master SAC deferral agreement with the Council. 6. To obtain a deferment of a SAC payment obligation and provide assistance to businesses, communities will submit to the Council a signed master SAC deferral agreement. For the term of the master agreement, communities will have the option to note on their monthly SAC reporting, on forms as provided by the Council, the eligible SAC liabilities for which the communities are requesting a SAC payment deferment from the Council. For each such subject SAC liability the deferment will be effective as of the first day of the subsequent month (e.g., for an April building permit that is reported for SAC in May, the deferment will be effective as of June 1). 7. In order to define the rights and obligations of the Community and the Council and the relevant SAC deferral arrangements, the Community and the Council agree as follows: Article 1 - Definitions 1.1 Definition of Terms. Unless otherwise provided or indicated by the context, the terms defined in this article have the meanings given them in this article. Capitalized terms or phrases used in this Agreement have the meanings given them in the most recent version of the Council's Sewer Availability Charge Procedure Manual (the "SAC Procedure Manual"). (a) Community. "Community" means a "Community" or "Customer Community" as those terms are defined in the SAC Procedure Manual. (b) Determination. "Determination" has the meaning ascribed to that term in the SAC Procedure Manual. (c) Regional Portion of Local SAC. The "Regional Portion of Local SAC" means that portion of the Community's SAC payment obligations to the Council that the Community passed on to properties within the Community's jurisdiction and does not include any local add-on charges. (d) SAC Deferred Amount. "SAC Deferred Amount" means the amount of the Community's SAC obligation under Minnesota Statutes section 473.517, subdivision 3 that has been deferred pursuant to Minnesota Statutes section 473.517, subdivision 6 and the terms and conditions of this Agreement. (e) Business. "Business" means a property or business for which the aggregate SAC Determination results in a liability of twenty-five (25) SAC units or less, before application of any Credits available on the Site. Business does not include any type of "Residential Property" or "Publicly Assisted Housing" as those terms are defined in the SAC Procedure Manual; nor does it include motels, hotels, camps, nursing homes, senior housing or prisons. Business includes "Commercial Properties," as that term is defined in the SAC Procedure Manual, but only when the aggregate SAC Determination for a Commercial Property is twenty-five (25) SAC units or less, before any applicable Credits. Page 2 of 7 Pages Article 2 — SAC Deferred Amount; Interest; Payments 2.1 SAC Deferred Amount. Subject to the terms and conditions of this Agreement and applicable law, the Council will allow the Community to defer payment on the Community's SAC obligations for Business properties within the Community's jurisdiction in an amount not to exceed eighty percent (80%) of the SAC due for the properties that are either newly connected or increase capacity demand to the metropolitan disposal system. The percentage by which the Community elects to defer payment on the Community's SAC obligations must be applied on a community- wide basis to all participating Businesses within the Community's jurisdiction. The "Community - Wide SAC Deferred Amount" is stated as a percentage on Page 1 of this Agreement.. The deferment is available only to properties for which the aggregate Determination is twenty-five (25) SAC units or less. In each instance in which the Community exercises this deferment option, the SAC amount that is not deferred is due and payable at the time the SAC liability is incurred by the Community. Payments on the non -deferred amounts are due with the regular SAC reporting to the Council, pursuant to the SAC Procedure Manual. The deferred SAC liability begins accruing interest on the first day following the regular SAC reporting. 2.2 Interest. Annually at each calendar year-end, the Council will determine the average rate on its wastewater bonds, pursuant to Minnesota Statutes section 473.517, subdivision 6. All new SAC deferments during the following calendar year will be subject to that interest rate, but that interest rate will be fixed for the duration of the deferment period for each deferral originated in that calendar year. Interest on unpaid SAC Deferred Amount balances will be computed in whole months, however, payments to the Council can be annual. 2.3 Payments. When the Council invoices the Community for payments on its SAC Deferred Amount, the Council will provide the Community with a payment schedule that amortizes the SAC Deferred Amount and interest on that deferred amount over the term of the deferment period. The Community's payment schedule will list the Business properties for which the Community elected to defer payments on the Community's SAC obligations to the Council. The Community will make payments to the Council at least annually. The Community may elect to make payments semi- annually or more frequently to correspond with the Community's Local SAC collections, assessments or other payments from Businesses, but the same payment schedule must apply to all Community SAC Deferred Amounts. The month(s) the Community elected to make its SAC payments to the Council under the payment schedule are identified on Page 1 of this Agreement as the "Payment Month(s)." The Community may repay or prepay the Council the unpaid balance of a SAC Deferred Amount at any time prior to the end of the deferment period. Any repayment or prepayment made by the Community shall be without penalty to the Community. The Community's payment schedule will be recalculated during the term of the deferment period to reflect: (a) repayments or prepayments by the Community; (b) the Community's election (if any) to discontinue making payments on its SAC Deferral Amount for a Site pursuant to Section 4.2(b); (c) any Community payments to the Council pursuant to Section 4.1(b);or (d) the addition of new Business properties for which the Community elects to defer payment on the Community's SAC obligations to the Council. 2.4 Local SAC Payments from Businesses. Subject to the limitation stated in Sections 3.2 and 4. 1, the Community may enter into a payment or other agreement with each Business for payment of Local SAC to the Community on terms and conditions agreed to by the Community and the Business. Except as described in Section 4.2, failure of a Business to make its Local SAC payments to the Community or the Community's failure (or choice) not to assess or collect Local SAC from a Page 3 of 7 Pages Business shall not relieve the Community of its obligation to pay the Council any unpaid SAC Deferred Amount, plus interest, or otherwise meet its SAC payment obligations under Minnesota Statutes section 473.517, subdivision 6 or other law. Article 3 - Term of Deferments 3.1 Term of Agreement. Unless otherwise terminated pursuant to this Agreement, this Agreement shall remain in force and effect until the term of the last deferment period expires for Business properties listed on fie Community's payment schedule. The Council reserves the right to cancei, suspend or modify its SAC deferral program at any time and for any reason upon thirty (30) calendar days written notice to the Community. If the Council cancels, suspends or modifies its SAC deferral program it will honor all existing SAC deferrals which the Community elected to make under this Agreement prior to the cancellation, suspension or modification. The Community is responsible for giving timely notice to the Community's participating Businesses or prospective participant Businesses of any cancellation, suspension or modification of the Council's SAC deferral program that may affect the Community's local SAC deferral program. 3.2 Term of Deferment. The Community elects the term of the SAC deferments between the Council and the Community, but the maximum term of a Community's SAC deferment shall not exceed ten (10) years. The Community may have only one SAC deferment period and must have the same SAC deferment period for all Business properties covered by this Agreement. The Community's "Community -Wide SAC Deferment Period" is identified on Page 1 of this Agreement. Article 4 — Local SAC Deferrals 4.1 Local Terms and Conditions. The Community will be responsible for identifying property and business owners that qualify for the Community's SAC deferral program pursuant to any Community terms or conditions. The Council will disapprove a Community deferment request only if a property or business owner does not qualify as a Business as defined in this Agreement. Because the Council's SAC deferral program is intended to benefit Businesses, the Community must administer its local SAC deferral program in a revenue -neutral manner. The Community agrees its SAC payments to the Council will not be less than the Regional Portion of Local SAC payments the Community receives from participating Businesses. (a) Local Deferment Period. The Community agrees it will not allow a Business a less generous deferment period (i.e., a shorter deferment period) for payment of the Regional Portion of Local SAC than the term of the Community's Community -Wide Deferment Period. This Agreement is not intended to govern the payment or deferment of any local add-on charges by the Community (if any) for Business properties. (b) Local Deferred Amount. The Regional Portion of Local SAC deferred by the Community for a Business's benefit shall not be less than the Community's SAC Deferred Amount. If a Business elects to prepay the Community some or all of the Regional Portion of Local SAC deferred by the Community, the Community must make a like payment to the Council to cover the Community's SAC obligations to the Council for the Business property. If a Business elects to prepay some of the Regional Portion of Local SAC deferred by the Community the Council will recalculate the Community's payment schedule. Page 4 of 7 Pages 4.2 Unpaid Local SAC. If a Business ceases operations or moves from the Site and does not require the incremental wastewater capacity represented by the SAC deferral, the Community may exercise one of the following two options: (a) Continue SAC Payments. The Community may continue to make its payments to the Council under the payment schedule. If the Community elects this option it will accrue SAC Credits for the Site in accordance with the SAC Credit provisions of the SAC Procedure Manual. (b) Discontinue SAC Payments. The Community may discontinue making its payments to the Council on the Community's SAC Deferral Amount for the Site. The Community must notify the Council if the Community elects this option and it must certify to the Council that the incremental capacity no longer is needed at the Site. The Community is responsible for making all SAC payments on the SAC Deferral Amount that were due prior to the notice. The Site will not be credited with the portion of the wastewater capacity not paid (for future SAC Determinations), but will receive Credit for actual SAC paid (including partial units). No Community SAC deferral payments to the Council will be refunded. Net Credits will be available to the Community for Community -Wide Credits only if a new SAC Determination establishes a permanent reduction of capacity demand. 4.3 Late Community Payments. If the Community makes a late SAC deferral payment to the Council, an additional administrative charge of two percent (2%) of the unpaid balance of the SAC Deferred Amount per month (or such higher interest rate allowable under law) will be applied. Article 5 - Notices 5.1 Written Notices. Any notice, request, demand and other correspondence required by or made in accordance with this Agreement shall be in writing and delivered: To the Council: Metropolitan Council Attn: MCES Finance Director 390 Robert Street North Saint Paul, Minnesota 55101-1806 To the Community: The Community's "Contract Person" identified on Page 1 At the "Community Address" identified on Page 1 5.2 Notice Delivery. Any notices or other correspondence shall be deemed to have been received: (a) three (3) calendar days after the date on the notice if the notice is sent by U.S. Mail; or (b) the next business day from the date on the notice if the notice is sent by facsimile or by e-mail. Article 6 - Defaulting Liabilities 6.1 Liability. To the extent permitted or authorized by law, the Community will hold the Council harmless and indemnify the Council against any actions, charges, claims, costs, damages, demands, expenses, liabilities, losses and proceedings which the Council may suffer or be subject to as a result of any default by a Business or the Community of the Community's SAC payment obligations under this Agreement or under applicable law. A Business's failure to pay Local SAC shall not relieve the Community of its obligation to pay the Community's SAC obligations to the Page 5 of 7 Pages Council. Nothing in this Agreement shall be interpreted as a waiver of any liability limitations or immunities granted to the Council and the Community by Minnesota Statutes chapter 466 or by other applicable state or federal law. 6.2 Survival of Terms. Notwithstanding any other provision of this Agreement, the validity of this Article and the Community's obligation to pay its SAC obligations shall survive the expiration or termination of this Agreement. Article 7 - Miscellaneous 7.1 Dispute Resolution. Any dispute arising under this Agreement shaii be settied through consultations between the Council's and the Community's representatives. If an agreement regarding a dispute cannot be reached within thirty (30) days upon notice of a dispute from the Council or the Community, either party is then entitled to bring such dispute before the courts of this state or take such action as otherwise allowed by law. 7.2 Exercise of Rights. Any rights, powers and remedies granted to the Council and the Community by this Agreement shall not preclude or limit any other rights, powers and remedies available to the Council or the Community in accordance with law and other provisions of this Agreement. The exercise of any rights, powers and remedies by the Council or the Community shall not preclude the Council or the Community from exercising any other rights, powers and remedies available to the Council or the Community. No failure or delay by the Council or the Community to exercise any of their respective rights, powers and remedies under this Agreement or in accordance with applicable laws shall be construed as a waiver of such rights, powers, and remedies. The waiver of any right, power or remedy, in whole or in part, shall not preclude the Council or the Community from exercising any of their other respective rights, powers or remedies. 7.3 Severability of Provisions. Each provision in this Agreement shall be severable from and independent of the other provisions. If one or more provisions are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected and shall remain in force and effect. 7.4 Amendments and modifications. Any amendments or modifications to this Agreement shall be in writing and shall become effective only upon execution of the amendment by the Council's and the Community's authorized representatives. 7.5 Assignment. The Community shall not assign any of its rights or obligations under this Agreement to any third party, even if the Site which was the subject of the SAC liability is removed from the jurisdiction of the Community. The Community may not barter, trade, sell or otherwise treat any SAC payment obligation deferments or SAC Credits as a commodity and the Council will not honor any agreements between the Community and any third parties that purport to barter, trade, sell or otherwise treat any SAC payment obligation deferments or SAC Credits as a commodity. 7.6 Successors. This Agreement shall be binding on the legal successors of the Council and the Community, whether by operation of law or otherwise. 7.7 Warranty of Legal Capacity. The individuals signing this Agreement on behalf of the Community and the Council represent and warrant on the Community's and the Council's behalf respectively that the individuals are duly authorized to execute this Agreement on the Community's Page 6 of 7 Pages and the Council's behalf respectively and that this Agreement constitutes the Community's and the Council's valid, binding and enforceable agreement. IN WITNESS WHEREOF, the Community and the Council have caused this Agreement to be executed by their duly authorized representatives. This Agreement is effective on the date of final execution by the Council. COMMUNITY By: Print Name: Title: Date: By: Print Name: Title: Date: MASTERSACDERERRAL METROPOLITAN COUNCIL By: Print Name: Title: Date: Page 7 of 7 Pages Rev. 9/27/16 DEFERRED PAYMENT AGREEMENT This Deferred Payment Agreement ("Agreement") is entered into this day of 2018 by and between the City of Brooklyn Center, a Minnesota municipal corporation ("City"), Jambo Africa, a Minnesota Incorporation ("Operator''), and a Minnesota with an address of "Owner"). WHEREAS, the Operator proposes to create and operate a restaurant ("Business") on property located at 1601 Freeway Boulevard, Brooklyn Center, Minnesota, ("Property"). Owner is the fee owner of the Property, the legal description of which is: Lot 1, Block 1, Richardson Park Addition. WHEREAS, the Business will be a change in use of the Property and the Owner is therefore subject to charges for sewer from the Metropolitan Council Environmental Services Division ("MCES") charges for water and the City. The charges are based on Sewer Availability Charge ("SAC") units; WHEREAS, MCES has determined that the Property should be charged 15 SAC units for the change in use; WHEREAS, The Master SAC Deferral Agreement between the City and Metropolitan Council dated, April 9, 2018 allows qualified business owners to defer the payment of sewer availability charges; WHEREAS, Owner and Operator seek to have the payment of sewer availability charges owed for the Business deferred. NOW THEREFORE, the parties agree as follows: 1. Recitals. The recitals set forth above are incorporated herein as if fully set forth. 520223v1 TJG BR291-4 2. Fees. The Owner is responsible for the following fees in relation to the establishment of the Business on the Property: Fee Calculation Amount Due MCES Sewer Availability Charge 14 SAC units x $2,485per unit $34,790 3. Payment of Fees. Owner, or Operator on behalf of Owner, shall pay to the City all fees set forth in Paragraph 2 according to the following schedule: a. Initial Payment. $6,958 due at time of issuance of a building permit. b. Deferral Payments. $27,832.00 with interest at an annual rate of 2.23% due in equal monthly payments of $ over 60 months. Interest shall begin accruing upon the execution of this Agreement. The first monthly payment shall be due on June 1, 2018. All future payments shall be due on the 1st of each month until the fees and interest are paid in full. The final monthly payment shall be due on . The final monthly payment shall consist of any and all amounts remaining due under this Agreement. c. Prepayment. The amounts due under this Agreement may be prepaid without penalty. Interest shall accrue on the balance due at the rate set forth above up and to the date all amounts due under this Agreement are paid in full. 4. Recalculation of Credits. In the event the SAC units for the Property change for any reason after execution of this Agreement, any new fees assessed shall be due and payable pursuant to the City Code and shall not be subject to this Agreement. 5. Ceasing business operations. If the Business ceases operations or moves from the Property, the owner and operator are responsible for making the deferral payments required by paragraph 3 of this Agreement up until the time that the owner or operator informs the City in writing that the business has ceased operations or has moved from the Property. No further payments will be required under this Agreement if MCES does not require the City to pay its MCES sewer availability charge relating to the business. If MCES requires the City to pay its MCES sewer availability charge, any balance remaining due under this Agreement, including interest, shall become immediately due and payable without demand or notice by the City. 6. Default. "Default" shall mean the failure to make payments pursuant to the terms herein or any other breach of this Agreement and failure to cure the default within ten days of the mailing of written notice by the City to Owner and Operator by United States Mail. 7. Remedy. Upon Default, any balance remaining due under this Agreement, including interest, shall become immediately due and payable without demand or notice by the City. In addition, Owner and Operator agree that the full balance due, including interest and any applicable collection or administrative costs incurred by the City, may be assessed against the Property pursuant to Minn. Stat. Chapter 429 or certified to the taxes 520223v1 TJG BR2914 on the Property pursuant to Minn. Stat. 444.075 or any other applicable law. Owner and Operator waive any and all procedures related to any such assessment or certification, including but not limited to notice, hearing and appeal of the assessment and waive any and all rights to appeal or otherwise contest or challenge the levying of special assessments up to a maximum of the remaining amount owed on the deferral plus reasonable administrative costs incurred by the City in the collection of the amount owed against the Property. The owner and operator agree that any requirements of Minnesota Statutes, Chapter 429 with respect to the adoption or levying of the special assessments are waived to the extent that those requirements are not met. Costs of Collection. To the extent permitted by law, Owner and Operator agree to pay all costs of collection, including reasonable attorneys' fees and legal expenses, incurred by the City in collection of any amounts due herein. 9. Notices. Notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid and deposited in the U.S. Postal Service, addressed to the parties as listed above. 10. Assignment. None of the parties shall assign this Agreement, nor any interest arising herein, without the written consent of the other parties. 11. Run with the Land. The covenants, waivers and agreements contained in this Agreement shall run with the Property and shall bind future owners of the Property and their heirs, successors and assigns. Owner agrees to provide a copy of this Agreement to any buyer of the Property before Owner signs a purchase agreement to sell the Property. 12. Governing Law. The laws of the State of Minnesota govern this Agreement. 13. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 14. Entire Agreement. The entire Agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written. 520223v1 TJG BR291-4 CITY OF BROOKLYN CENTER IC • C Tim Willson, Mayor Cornelius Bogany, City Manager STATE OF MINNESOTA ) )ss. COUNTY OFHENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018, by Tim Willson and Cornelius Bogany, the Mayor and City Manager, respectively, of the City of Brooklyn Center, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 520223A TJG BR2914 OPERATOR By: Its: STATE OF MINNESOTA (ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018, by the of , on behalf of the corporation. Notary Public 520223v1 TJGBR291-4 OWNER By: Its: STATE OF COUNTY OF The foregoing , 2018, by behalf of the company. DRAFTED BY: 520223v1 TJG BR291-4 (ss. instrument was acknowledged before me this day of the of on Notary Public Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE PAYMENT DEFERRAL AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND THE METROPOLITAN COUNCIL WHEREAS, The Metropolitan Council (Council) owns and operates the metropolitan disposal system. Under Minnesota Statutes section 473.517, subdivision 3, the costs of acquisition, betterment and debt service associated with the "reserve capacity" of the system must be allocated among and paid by the respective local government units in the metropolitan area through a sewer availability charge ("SAC") for each new connection or increase in capacity demand to the metropolitan disposal system within each local government unit; and WHEREAS, Individual property or business owners whose properties are either newly connected or increase capacity demand to the metropolitan disposal system do not pay SAC to the Council. However, local government units that pay SAC to the Council for new connections or increased capacity demands typically pass on those costs to property and business owners by assessing property and business owners a "Local SAC" which sometimes includes local add-on charges; and WHEREAS, Minnesota Statutes section 473.517, subdivision 6 authorizes the Council to provide for the deferment of payment of all or part of the allocated costs which are allocated by the Council to a local government unit in any year pursuant to section 473.517, subdivision 3. The deferments are repayable at such time or times as the Council shall specify, with interest; and WHEREAS, At its November 28, 2012 meeting, the Council adopted changes to its SAC program including a small business SAC deferral program. The changes became effective January 1, 2013. At its January 22, 2014 meeting, the Council adopted changes to the SAC deferral program that became effective immediately upon adoption; and WHEREAS, The Council wants to encourage and help communities promote business development by deferring community SAC payment obligations pursuant to Minnesota Statutes section 473.517, subdivision 6, so participating communities may pass through to businesses the benefits of deferred SAC payments by the communities. The Council's Sewer Availability Charge Procedure Manual (January 2014) states that communities that want to participate in a SAC deferral program must execute a standard master SAC deferral agreement with the Council; and WHEREAS, To obtain a deferment of a SAC payment obligation and provide assistance to businesses, communities will submit to the Council a signed master SAC deferral agreement. For the term of the master agreement, communities will have the option to note on their monthly SAC reporting, on forms as provided by the Council, the eligible SAC liabilities for which the communities are requesting a SAC payment deferment from the Council. For each such subject SAC liability the deferment will be effective as of the first day of the subsequent month (e.g., for RESOLUTION NO. an April building permit that is reported for SAC in May, the deferment will be effective as of June 1); and WHEREAS, The City of Brooklyn Center wishes to enter into a Master SAC Deferral Agreement with the Council and pass on the deferment of SAC fee obligations to assist businesses NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BROOKLYN CENTER, MINNESOTA, AS FOLLOWS: The City Council hereby approves the Master SAC Deferral Agreement in order to define the rights and obligations of the Community and the Metropolitan Council and the relevant SAC deferral arrangements, 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 April 9, 2018. ATTEST: April 9, 2018 Date Mayor 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 Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE PAYMENT DEFERRAL AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND JAMBO AFRICA, INC WHEREAS, The Metropolitan Council (Council) owns and operates the metropolitan disposal system. Under Minnesota Statutes section 473.517, subdivision 3, the costs of acquisition, betterment and debt service associated with the "reserve capacity" of the system must be allocated among and paid by the respective local government units in the metropolitan area through a sewer availability charge ("SAC") for each new connection or increase in capacity demand to the metropolitan disposal system within each local government unit; and WHEREAS, Individual property or business owners whose properties are either newly connected or increase capacity demand to the metropolitan disposal system do not pay SAC to the Council. However, local government units that pay SAC to the Council for new connections or increased capacity demands typically pass on those costs to property and business owners by assessing property and business owners a "Local SAC" which sometimes includes local add-on charges; and WHEREAS, Minnesota Statutes section 473.517, subdivision 6 authorizes the Council to provide for the deferment of payment of all or part of the allocated costs which are allocated by the Council to a local government unit in any year pursuant to section 473.517, subdivision 3. The deferments are repayable at such time or times as the Council shall specify, with interest; and WHEREAS, At its November 28, 2012 meeting, the Council adopted changes to its SAC program including a small business SAC deferral program. The changes became effective January 1, 2013. At its January 22, 2014 meeting, the Council adopted changes to the SAC deferral program that became effective immediately upon adoption; and WHEREAS, The Council wants to encourage and help communities promote business development by deferring community SAC payment obligations pursuant to Minnesota Statutes section 473.517, subdivision 6, so participating communities may pass through to businesses the benefits of deferred SAC payments by the communities. The Council's Sewer Availability Charge Procedure Manual (January 2014) states that communities that want to participate in a SAC deferral program must execute a standard master SAC deferral agreement with the Council; and WHEREAS, on April 9, 2018, the Brooklyn Center City Council approved a Master SAC Deferral Agreement with the Council in order to obtain a deferment of a SAC payment obligation and provide assistance to businesses in the community. For the term of the master agreement, Brooklyn Center will have the option to note on their monthly SAC reporting, on forms as provided by the Council, the eligible SAC liabilities for which the City is requesting a SAC payment deferment from the Council. For each such subject SAC liability the deferment will be RESOLUTION NO. effective as of the first day of the subsequent month (e.g., for an April building permit that is reported for SAC in May, the deferment will be effective as of June 1); and WHEREAS, The City of Brooklyn Center wishes to enter into a Payment Deferral Agreement with Jambo Africa, Inc., to pass on the deferment of 80 percent of the owed 14 SAC units, or a deferred amount of $27,832.00, to be paid back over a period of five years at an interest rate of 2.23 percent, to assist this business. NOW, TIIERFOR.E, BE IT RESOLVED BY THE CITY COUNCIL OF BROOKLYN CENTER, MINNESOTA, AS FOLLOWS: The City Council hereby approves the Payment Deferral Agreement between the City of Brooklyn Center and Jambo Africa, Inc., and the relevant SAC deferral arrangements, 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 April 9, 2018. ATTEST: April 9, 2018 Date Mayor 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. SAC D EFERRAL PROGRAM Presented by: Meg Beekman, Community Development Director April 9, 2018 Recommendation •Motion to approve a Resolution approving the Master SAC Deferral Agreement between the City of Brooklyn Center and the Metropolitan Council •Motion to approve a Resolution approving the Deferred Payment Agreement between the City of Brooklyn Center and Jambo Africa, Inc. BACKGROUND •Met Council adopted Small Business SAC Deferral program in 2012 •Allows businesses with fewer than 25 SAC units to defer fees •Small interest rate applies •1 SAC Unit = $2,485 Master SAC Deferral Agreement •City must enter into agreement with met Council •City determines deferment amount, length of deferment, and frequency of billing •City enters into repayment agreement with business owner •SAC units stay with the property Use of SAC Credits •City-wide credits can be captured: –When a building is demolished –When a new business comes in that needs fewer SAC units than are credited on the property •City-wide credits must be used immediately, unless city charges the new business and captures the fees •Brooklyn Center does not have any city-wide credits •Staff recommends developing a policy to determine the use of city-wide credits Jambo Africa Request •Jambo Africa purchased 1601 Freeway Boulevard to relocate restaurant •Property had 1 SAC credit •New business requires 15 SAC units; $34,790 •Owner has requested a SAC deferral •City Attorney drafted agreement –Repayment over 5 years –SAC units remain with the property Policy Issues •Is the Council willing to have the City enter into an agreement with the Metropolitan Council to allow businesses to defer their SAC fees? Recommendation •Motion to approve a Resolution approving the Master SAC Deferral Agreement between the City of Brooklyn Center and the Metropolitan Council •Motion to approve a Resolution approving the Deferred Payment Agreement between the City of Brooklyn Center and Jambo Africa, Inc. (Second motion is contingent on approval of first motion) City Council Agenda Item No. lOc COUNCIL ITEM MEMORANDUM DATE: April 9, 2018 TO: Curt Boganey, City p>er THROUGH: Reggie Edwards, De99p//ut//y City Manager FROM: Angel Smith, Communications Coordinator SUBJECT: Resolution Expressing Support for the Metropolitan Council's D Line Bus Rapid Transit (SRT) Project Recommendation: It is recommended that the City Council consider approval of a resolution expressing support for the Metropolitan Council's D Line Btvs Rapid Transit (BRT) project. Background: The City of Brooklyn Center and other coalition members have been involved in discussion regarding ffie D Line. The D Line will serve Brooklyn Center, North Minneapolis, downtown Minneapolis, Midtown, Richfield and Bloomington. The D Line has the potential to significantly improve mobility options for thousands of residents. It is one of several planned rapid bus lines that will bring faster, more frequent service to the region's busiest transit corridors. The $75 million project still needs $35 million in funding to move forward into conshvction in 2020. The Governor has included a $50 million busway investment in his Bonding Proposal, which would be used to fiord the remaining gap for D Line and additional planned bus rapid transit investments. The current goal of the coalition is for members to express support for the Metropolitan Council's D Line BRT project which would serve member communities. See attached (i.e., D Line Coalition power point and Regional Busway Development Program document) for additional background information. Budget Iasues: There are no budget issues to consider. Strategic Priorities: Key Transportation Investments Onr !�"tsfon.� H'e envision SrooWyn Center m n thriving, diverse conrmamiry ,nigh afidl rouge ofhoustng, barsiness, cull:wal and neo ealtona/ � rings. It is n safe and hzc/usive p/ace fhal people Ja// ages love to ca// hoar mrd vrsimrs enj �• dua t�� conversient location and cmzrmianent m a healthy errvb�omnent Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING SUPPORT FOR THE METROPOLITAN COUNCIL'S D LINE BUS RAPID TRANSIT (BRT) PROJECT WHEREAS, Bus Rapid Transit (BRT) offers riders fast, frequent service with numerous amenities, that will give riders on the region's transit system more mobility options and connect people with jobs; and WHEREAS, The A Line BRT, which opened in summer 2016, has drawn increased ridership and is an overwhelming success; and WHEREAS, The proposed build out of the region's BRT system would connect an additional 200,000 people to 500,000 jobs; and WHEREAS, The proposed D Line from Brooklyn Center to the Mall of America would be an integral part of that system, operating along the region's highest ridership bus route with 15,000 weekday rides; and WHEREAS, The existing local bus route in this corridor has the highest productivity in terms of carrying the most passengers each hour; and WHEREAS, The D Line could result in a faster trip, up to 25% faster, by stopping less often, deploying bus priority at traffic signals, and implementing off -board fare payment; and WHEREAS, The D Line would operate in Brooklyn Center, Minneapolis, Richfield, and Bloomington; and WHEREAS, The City of Brooklyn Center will benefit from improvements to stops within Brooklyn Center, which will offer improved amenities, including security features, improved lighting, real-time signage, and heated shelters; and WHEREAS, The D Line project still needs to secure $35 million in funding to move forward into construction in 2020; and WHEREAS, Governor Mark Dayton has included a $50 million busway investment in his Bonding Proposal, which would be used to fund the remaining gap for D Line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, express support for the Metropolitan Council's D Line BRT project which would serve this community and urges the Minnesota Legislature to adopt Governor Mark Dayton's state bonding proposal to invest $50 million in regional BRT projects, including the D Line. Additionally, a copy of this resolution should be sent to Governor Mark Dayton and the legislative delegation. RESOLUTION NO. 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City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. ACTIVE DISCUSSION ITEMS 1. Review Draft Language for a Potential Amendment to the Zoning Code Pertaining to Interim Use Permits 2. Review Potential Policies Pertaining to Affordable Housing and Provide Direction to Staff on How to Proceed PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. City Council Code of Policies (10-9-17 Study Session Discussion Regarding Control of Turkeys and Geese and Including in Section 2.93 Long -Term Deer Population Management Plan) 2. Tobacco Purchase Age 21 (Brooklyn Youth Council) — June 3. Organic Composting and Native Bee Habitat (1-8-18 Study Session Discussion) — April 4. Median Safety Ordinance — April 5. Saturday Market — April 6. Park Dedication Fees — May Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: April 9, 2018 TO: 46 ganey, City 4r FROM: Meg Beekman, Community Development Director SUBJECT: Off-site storage of vehicles — Draft Interim Use Permit Ordinance Recommendation: It is recommended that the City Council review the draft Interim Use Permit Ordinance and consider providing direction to staff regarding Luther Auto's request to store new vehicles off- site from their auto sales locations. Background: At the March 26 Council work session, Staff brought forward a request from Luther Auto dealership to allow the short term storage of vehicles off-site from the dealership location. Staff proposed an interim use permit process, which would allow for temporary off-site storage, which is not currently allowed in the Zoning Code. The City Council directed staff to draft language and conditions which would mitigate any negative impacts from the off-site storage and to bring a draft ordinance back to Council for review and consideration. In addition, the City Council requested a representative from Luther be present to discuss the request and answer any questions from the Council. Luther is experiencing both an immediate short-term need for off-site storage, as well as a longer-term need related to the construction of their new Mazda dealership on Brooklyn Center. Luther Auto has approached the City regarding an immediate need for temporary storage of approximately 300 vehicles for 6 months; however, after speaking with representatives from Luther it is clear that there is a longer-term need for storage of approximately 600 new vehicles for 1-2 years. It should be noted that should the Council wish to proceed with an amendment to the Zoning Code to allow the Interim Use Permit process, it would take 90-120 day to complete the amendment and authorize Luther Auto to begin storing cars. Luther has identified a privately owned I-1 zoned property as a possible location. It would provide storage for approximately 280 vehicles; about half of the total need, but would help them considerably towards solving their problem. EDA -owned, 1601 James Circle N (former Olive Garden and Cracker Barrel) may also be an option; however, the City would have to consider a lease term which would allow the property to be redeveloped should an opportunity arise. Our Vision: 6Ve envision Brooklyn Center as a thriving, diverse community with a full range of hortsing, business, cultural and recreational offerings. It is a safe and inchisive 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 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. Attached to this memo is a draft Interim Use Permit Ordinance which would allow for the off- site storage of new vehicles for an existing auto dealership located in the City. The ordinance further requires that any vehicle stored must be sold or leased at a dealership located in the City. The draft language outlines under what conditions a business could apply, as well as what information is required as part of that application. The Council would then have the discretion to add conditions and to determine the length of time the Interim Use would be allowed to continue. In order to apply for an Interim Use Permit an auto dealership would need to first identify what property they propose to use for off-site storage, for how long, and for how many vehicles. The vehicles stored would need to be new, operable vehicles. The off-site property could be used for storage only, and not sales, service, repair, detailing, etc. Staff is seeking direction from the Council regarding the language of the draft ordinance, as well as direction on whether or not to proceed with the amendment. • Does Council want to allow Luther Auto to store vehicles off-site? • If so, is the language proposed in the draft Interim Use Permit Ordinance sufficient to mitigate any negative impacts of the use. If the Council directs staff to proceed with this amendment, Staff would then bring the ordinance to the Planning Commission for a public hearing. Luther Auto would still need to identify a site, or sites, and apply for an Interim Use Permit, which would also go before the Planning Commission and City Council for review and approval. If a suitable site is identified in time, it is possible that the amendment and the Interim Use Permit could be reviewed concurrently. Our Vision: FVe 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 ei joy due to its convenient location and commitment to a healthy environment ROUGH DRAFT 3-28-18 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2018, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creels Parkway, to consider an ordinance related to allowing the automobile dealership off-site storage of new vehicles as an interim use. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 763-569-3303 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 TO ALLOW AUTOMOBILE DEALERSHIP OFF-SITE VEHICLE STORAGE AS AN INTERIM USE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Chapter 35 is hereby amended to establish a new Section 35-420 as follows: Section 35-420. AUTOMOBILE DEALERSHIP OFF-SITE VEHICLE STORAGE. L Interim Use. Notwithstanding anvthin to the contrary in this Code, the off-site storage of new vehicles by an automobile dealership is allowed in the following zoning districts with the issuance of an interim use permit: . No interim use permit for automobile dealership off-site storage shall be issued for a site that is located within feet of any residentially zoned (RI through R7) property. 2. Aplication. An application for an interim use permit for the off-site stora>?e of vehicles may only be submitted by an automobile dealership located within the city. Said application shall, in addition to the information required on the application form, include the following information: a. A description of the proposed vehicle storage that includes: (i) The maximum number of vehicles to be stored at the off-site location• (ii) An estimate of how often vehicles will be brought to and removed from the off-site location and the times and days of the week such activities are proposed to occur: (iii) The route to be used to transport vehicles between the automobile dealership and the off-site location, including how the property will be accessed: and ROUGH DRAFT 3-28-18 (iv) A man showing the portion of the property to be use for vehicle storage and showing how the vehicles are to be parked on the property. b. The proposed length of time the property will be used for vehicle storage, c. Proof of ownership of the property or a copy of the proposed lease allowing use of the property for vehicle storage; 3. Issuance. An application for an interim use permit for the off-site storage of vehicles shall be processed in accordance with Section 35-220, exceptthat the following additional standards shall also be considered: a. The proposed use must conform to the regulations in this Chapter; b. The date or event that will terminate the use can be identified with certainty c. Allowing the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and d. The applicant agrees to the conditions the City Council imposes on the use. 4.. Conditions. The City Council may impose any conditions on the interim use permits it issues as it deems are necessary or expedient to protect the public health, safety or welfare, or to ensure the use will not impose additional costs on the public if it is necessary or expedient to take the property in the future. Every interim use permit shall identify the date or event that will terminate the permit. The applicant shall either expressly agree in writing to the conditions imposed on the interim use permit or shall be deemed to have agreed to all such conditions without exception or reservation if the applicant undertakes the use allowed by the permit. 5. Performance Standards. In addition to any conditions placed on an interim use permit b the City Council, the following restrictions shall apply to all interim use permits issued to an automobile dealership for off-site vehicle sto> age a. Use of the off-site location shall be limited to the storage of operable new vehicles that are available for sale or lease to customers as part of the automobile_ dealership's business operations: b. Any vehicles stored shall be sold or leased at the automobile dealership located in the situ: c. No vehicle repairs, sales, cleaning or detailing shall occur at the off-site location• d. Only employees of the automobile dealership shall be allowed on the off-site location; ROUGH DRAFT 3-28-18 e. The portion of the storage site designated for vehicle storage shall only be located on an approved paved parking lot; f. Vehicles shall only be stored in the designated portion of the storage site and according to the parking plan approved as part of the interim use permit: g_ The days and hours during which vehicles may be brought to or removed from the site shall be limited to the days and hours approved in the interim use permit; h. The routes used to transport vehicles to and from the site shall be limited to the routes approved in the interim use permit; i. An interim use permit issued pursuant to this section is not transferable- L= The use must comply with all applicable provisions of this Code-, 6. Renewal. Use of the off-site storage site _ shall cease, and all vehicles shall be immediately removed. upon the termination or revocation of the interim use permit, or the transfer of the automobile dealership. An automobile dealership issued an interim use permit may apply for a renewal interim use permit, which shall be submitted within 60 days of the termination of the existing permit. and processed in the same manner as a new application. Article II. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of _ , 2018. ATTEST: City Clerk Date of Publication Effective Date Mayor (St4k-e-eut indicates matter to be deleted, double underline indicates new matter.) Work Session Agenda Item- No. 2 MEMORANDUM -COUNCIL WORK SESSION DATE: April 9, 2018 TO: Curt Boganey,ianager FROM: Jesse Anderson, Deputy Director of Community Development THROUGH: Meg Beekman, Community Development Director � / SUBJECT: Affordable Housing Policy Recommendation: It is recommended that the City Council consider providing direction to staff regarding potential affordable housing policies for the City. Background: In May of 2017, the City Council received copies of emails forwarded by Councilmember Butler from Aftican Career and Education Resource Inc. (AGER) requesting an opportt¢nity to come before the City Council to discuss concerns about the need for affordable housing in Brooklyn Center. In addition Mayor Willson was in contact with a representative of Community Action Partnership of Hennepin County (CAPHC) regarding thesame topic. On July 10, 2017, by consensus the City Council directed staff to invite representatives &nm. AGER and CAPHC to a future work session to present information and have a dialogue on the issue of affordable housing. On August 14, 2017, the City Council received a presentation from AGER and CAPHC regarding the topic of affordable housing. At the presentation AGER and CAPHC advocated that the City consider adopting policies that would address the region's need for affordable housing, protect tenants, and help preserve naturally occurring affordable housing. The Council directed staff to bring the subject back to a future work session for discussion. Regional Housing Trends: The Twin Cities Metropolitan Area is currently experience record low vacancy rates. According to Marquette Advisors' midyear report in August 2017, the average vacancy rate across the Twin Cities metro was 2.4 percent. Experts agree that a balanced rental market will typically see an average vacancy rate of around 5 percent. The impact of low vacancy rates over time has increased rents, a g�owing interest from outside investors, and landlords in a position to be choosier about who they rent to. This has borne out throughout the Twin Cities Metropolitan Area as rents have gone up throughout the region. The average rent at the end of July 2017 had increased 3.1-pecent year over year. In addition, the Metropolitan Council is seeing a reduction in the number of landlords accepting Section 8 Our 3'lsfot : lVe n Broaktyn Center as n thriving, diverse cmnnamiry with aful/ range ofhoeeshrg. bus mJmrnl mrd rxm enftona/ � rtngs. h is a s l rand inNusive place that people ojnl/ rages love to ca!/ house, and vts[fors et joY due ro bs convenient location mtd comtnlunenf to a healtl y anvlronnrent vouchers. According to the Metropolitan Council, landlords are citing the increased interest for their units from non -voucher holders as the primary reason for the change. Yet another impact of the increasing value of rental property is the growing number of investors purchasing Class B or Class C rental properties, which are renting for naturally affordable rents, malting cosmetic improvements, and increasing rents so that the units are no longer affordable. According to the Minnesota Housing Partnership, the sales of apartment buildings in the metro area jumped 165 percent between 2010 and 2015. Often the change in ownership will also come with a change in policy related to criminal history, acceptance of Section 8 vouchers, or minimum income requirements, resulting in existing tenants being displaced from the property. The region is also seeing a loss of smaller -sized rental properties (1 -4 -units). This is due, in part to single family properties converting bath into owner -occupied as the market recovers from the recession, but also a growing number of local investors purchasing smaller properties and Ripping them. While some of the proposed policies would impact single family rentals, the primary focus of affordable housing advocates and media attention has been on larger properties (40 -units or greater). Affordable housing advocates have identified potential policies designed to address these issues. The policies fall into one of three categories; 1) preservation policies designed to preserve naturally occurring affordable housing and prevent it from being flipped; 2) tenant protection policies designed to prevent or mitigate displacement; and 3) creation policies designed to create new, legally -binding, affordable housing that will replace the naturally occurring affordable housing that is being lost. Brooklyn Center's Current Rental Housing: According to the Metropolitan Council, the following table indicates what is considered affordable rents in the Twin Cities Metropolitan Area: # of Bedrooms 30% AMI 50% AMI 60% AMI 80% AMI Efficiency $474 $791 $949 $1,265 1 -Bedroom $508 $848 $1,017 $1,356 2 -Bedroom $610 $1,017 $1,220 $1,627 3 -Bedroom $705 $1,175 $1,410 $1,880 4 -Bedroom $786 $1,311 $1,573 $2,097 *Rents include tenant -paid utilities According to the Metropolitan Council, the following table indicates average rents in Brooklyn Center: # of Bedrooms Survey 5 -Year Avg Efficiency $730 $744 1 -Bedroom $869 $801 2 -Bedroom $1,019 $925 3+ Bedroom $1,281 $1,147 Our Vision: IVe envision Brooklyn Center as a thriving, diverse comnnauity 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 ei joy due to its convenient location and commitment to a healthy environment Brooklyn Center currently has 834 rental license holders. 713 of those are for single family homes. 71 of the licenses are for 2 -4 -unit properties. 24 are for properties with between 5 and 39 units. 27 licenses are for properties with greater than 40 units. There are approximately 4,300 rental units in the City. The average rents in Brooklyn Center are considered affordable for those making around 50 percent of the Area Median Income. Of the 11,608 total housing units (both rental and owner -occupied) in Brooklyn Center, 89.5 percent are naturally occurring affordable housing. There are currently 402 Section 8 voucher holders in the City. Brooklyn Center currently has five apartment building that are legally -binding affordable housing, Ewing Square Townhomes (23 -units), The Crest Apartments (69 -units), Unity Place (112 -units), Emerson Chalet Apartments (18 -units), and The Sanctuary (158 -units). Also, Lynwood Apartment (50 -units) is currently applying for Certified Low Income Status, which would make it a legally -binding affordable property. This equates to 3.7 percent of the City's housing stock is legally -binding affordable housing. Anecdotally, a recent phone survey of 34 Brooklyn Center landlords found a current average vacancy rate of 1.3 percent. Rents in Brooklyn Center are currently very affordable compared to the region. Low rents may be contributing to the low vacancy rates. If the vacancy rates are in fact below 2 percent, and they remain that low over time, it would be reasonable to expect rents to increase. However, given the current low rents, even an increase in rents of 20-30 percent would result in rents still considered affordable for those making 60-80% AMI. Affordable Policy Options: Section 8 Ordinance (Tenant Protection) - Prohibiting discrimination against Section 8 voucher holders and other recipients of government programs. The policy would prohibit landlords from denying any tenants' application based on the applicant receiving government assistance. • Staff surveyed 34 Brooklyn Center apartments and found that 50 percent indicated that they do not accept section 8 vouchers. • Minneapolis recently adopted this ordinance, which allows applicants who feel they have been discriminated against to seek damages through the cry's department of Civil Rights. • The City of Minneapolis has an active lawsuit filed against them by 55 apartment owners over the legality of this ordinance. The lawsuit argues the mandate conflicts with state law and unfairly forces them to comply with requirements of federal housing voucher programs for low-income residents. It also says the law violates the Minnesota Constitution because it reduces their property values, forces landlords to enter into contracts and represents an unnecessary government intervention in their businesses. Landlords also claim that this could cause landlords to increase rent and/or application criteria as to price out Section 8 vouchers. ➢ Staff feels that if the ordinance is upheld by the courts, it could be a useful tool to ensure residents are not discriminated against based on their source of income; however additional review would be necessary related to the enforcement of the ordinance. Staff Our- Vision: 6Ye envision Brooklvn Center as a thriving, diverse communio, 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 recommends that the City monitor the Minneapolis lawsuit then review pending the outcome. Notice of Intent to Sell (Preservation) — Rental property owners must give advanced notice prior to the sale of a rental property. This gives a preservation buyer an opportunity to match the purchase price. It would also give service providers additional time to relocate residents who would be displaced as a result of the sale. • Landlords would be concerned about delaying the closing of a property sale, which could have a negative effect on price. Preservation companies such as Aeon have expressed concerns that this could increase the competition for these properties, and thusly increase sales prices. • Enforcement would be difficult because the penalty would come after the sale has occurred. If the property has sold, the seller no longer has ties to the property so enforcing a citation could be challenging and may not be a deterrent. In a workgroup in St. Louis Park landlords stated that if there was a $1000.00 citation for selling without notice, they would likely still sell the property and pay the citation. • It is unclear who the seller would need to notify of their intent to sell and what would be done with that information once it was known. Who would decide what buyers could have access to the information? Who would be responsible for disseminating the information? • It is possible that this ordinance would dissuade investors, who may opt to purchase property in cities that do not have the additional requirements. • St. Louis Park is looking at an alternative ordinance related to tenant transition/protection would address the need for additional time to relocate tenants. Staff recommends that the city consider other options such as the tenant transition ordinance. Tenant Transition/Protection Ordinance (Tenant Protection) — This would require a new owner of a naturally occurring affordable housing property to pay relocation benefits to tenants if the new owner increases rent, rescreens existing residents or implements non -renewals without cause within 3 months after the purchase. The ordinance has the effect of freezing lease terms for 90 days after the sale of a property. The purpose is to allow tenants three (3) months to relocate if necessary. • This ordinance wouldn't interfere with the sale of naturally occurring affordable housing, however; it would provide assistance to the tenants if necessary. • The ordinance would require new buyers to notify tenants within 30 days if substantive changes to the lease are forthcoming, giving tenants time to relocate if necessary. • St. Louis Park adopted the Tenant Protection Ordinance in March of 2018. • The policy could dissuade potential apartment buyers from buying in Brooklyn Center, who may opt to purchase a property in a city without this policy. Staff recommends that the City review this policy finther to determine the legality of it, the enforcement mechanism, and what the specific impacts in Brooklyn Center might be. Our Vision: 6Ve envision Brooklvtt 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 et joy due to its convenient location and commitment to a healthy environment Just -Cause Eviction (Tenant Protection) — Also known as Just -Cause Non -Renewal, this would require a landlord to provide a reason if they were going to not renew a tenant's lease that was expiring. Currently landlords must provide a just cause for eviction, which a tenant can appeal in court. There is no appeal process available to tenants who lose their housing due to non -renewal of lease. ® Landlords see this as taking away a valuable management tool for dealing with problem tenants and have the unintended consequence of increasing the number of evictions filed and strengthening screening standards. ® When St. Louis Park conducted their meetings with landlords and the Multi -family Housing Association, this ordinance received the strongest opposition. ® The enforcement of this policy would be through the court system and would require a tenant to take legal action against their landlord via a lawsuit. ® Of the 34 landlords surveyed by staff, the majority of evictions or non -renewals are the result of non-payment of rent or criminal activity. ® The intent of this ordinance would be to protect tenants from being non -renewed in the event a new owner wants to empty a building in order to do a substantial renovation with the goal of increasing rents. Staff recommends that the City consider other options such as the tenant transition ordinance to protect tenants. Inclusionary Housing Policy (Creation) — These are a collection of policies that could be adopted by the city which would either encourage or require new affordable units to be included as part of new market -rate residential development projects which receive public subsidy or other discretionary City approvals. Frequently it is in the form of a requirement that a percentage of units be affordable in a new residential development in exchange for public subsidy of the project. ® New developments such as the Opportunity Site would be required to include a certain number of affordable units. ® Inclusionary Housing policies ensure that new affordable units are added as market -rate units are built, thus ensuring mixed -income communities. ® Cities such as St. Louis Park and Minneapolis have found that in higher rent developments, a certain percentage of affordable units can be required without increasing the need for additional public subsidy. This is due to the higher than average market rents, which off -set the affordable units. In Brooklyn Center, as is true in communities with lower average rents, it is likely that the cost of the affordable units would require additional public subsidies in order for a project to be financially feasible. If the Council would like to move forward with this police staff would recommend reviewing the feasibility of future development if an affordable housing policy is adopted. 4D Tax Breaks (Preservation) — Also known as the Low Income Rental Classification Program (LIRC), Minnesota provides a property tax break, currently amounting to 40%, to subsidized rental properties under LIRC, commonly referred to as the 4D program. There is the potential, Our Vision: 6Ve envision Brooklyn Center as a thriving, diverse community with a fill range of housing, business, cultural and recreational offerings. it is a safe and inclusive place that people of all ages love to call hone, and visitors enjoy due to its convenient location and commibnent to a healthy environment however, to extend 4D eligibility to certain currently unsubsidized affordable properties, without changing current law. This is because the LIRC/41) statute defines eligible properties as those which meet two conditions: the owner of the property agrees to rent and income restrictions (serving households at 60% AMI or below) and receives "financial assistance" from federal, state or local government. This presents the possibility of creating a "Local 41)" program in which qualifying properties receive the 4D tax break in return for agreeing to conditions which meet certain local government policy goals. ® A government agency would need to provide a financial contribution to a rental apartment with a low income agreement placed on the property. The property could then be eligible to apply for 4D status. This would allow a landlord to make physical improvements to the property in exchange for affordable rents. ® The reduction in property taxes would not decrease the City's revenue from property taxes, as the funds would be distributed to all other properties; however, it would reduce that property's share of local property taxes. ® The amount of the tax break is a limiting factor as it equates to around $80/unit per year; however, the program may be an incentive for a property owner in a community where the market rents are already considered affordable, since they would not need to depress their rent rates. ® Hennepin County is looking into a rehabilitation program for rental properties which would function similarly to the CDBG housing rehabilitation program, but be County funded. ® The City could also look at funding a program for rental housing rehabilitation. ➢ Staff recommends working with the County to determine the feasibility of a County -led program. The City could also review EDA or TIF 3 Housing funds to determine the availability of funds for a city program that would provide rental housing rehab assistance in exchange for a 5-10 year affordability requirement. This could be set up as a per unit matching forgivable loan. Other Policies/Programs ® Identify buildings that are at -risk of being flipped. Reach out to owners of at -risk buildings and gauge their short and long-term plans. Help connect them with preservation buyers on a case-by-case basis. ® Comprehensive Plan — the City is in the process of updating its Comprehensive Plan. If the preservation and/or creation of affordable housing are a priority for the City, it should be reflected in the City's Comprehensive Plan. ® Education — Work with the Metropolitan Council to provide education on Section 8 voucher programs to dispel some of the negative perceptions of the program. Policy Issues: Does the Council believe that the information presented indicates a need for additional policy actions to address the concerns raised regarding affordable housing and the protection of tenant rights? Our Vision: Yt'e envision Brooklyn Center as a thriving, diverse conununity with a fill range ofhousing, 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 Does the Council require additional information regarding these issues before concluding if further policy actions are necessary? Which policies if any would the Council want brought back for further consideration? Which policy does the council consider a higher priority? Strategic Priorities: ® Resident Economic Stability Attnehments- US Census Bureau Data Metropolitan Council Land use Chart August 14, 2017 Council Work Session Memo August 14, 2017 Council Work Session Minutes Housing Strategies Table Presented at Previous Work -Session Mixed -Income Housing Policies among Neighboring Cities Table Phone Survey of Brooklyn Center Apartments Phone Survey of Brooklyn Center Single Family Property Management Companies: Our Vision: 6Ve envision Brooklyn Center as a thriving, diverse community with a fill 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 ei joy due to its convenient location and commitment to a healthy environment US Census Bureau Data: Scarce: Caraflm[a of 0.ea1 Estate Valor. Mln eepartmnn[ of R¢vanue. oawmwa mart eaa to acl[ co top Percent of Hou seM1olds Experiencing Housing Cost Burden in Brooklyn Center aa% O3 canon te90 a�aea zoop cs zaacaoto ncs z9n-zpis a al. enanan9 aaa[narean .1. o.. e[nana.nmaa axpenenuna coal aaraan tL fl•m•[nouzenmas e.p..l.nGap=set euraen e 9u.eau naunnml Census ane M[s[ion communlH surv¢y. aeholaa expeflence M1ousingrcos[ buraennwnen tnNr nausing coatl a'e 30% or mora of their gross Income. For ran[ers� nouslnH oes[e Inelutle cent an uutlhHe `: for ewn¢rs� housing cosgta IncluEa mortgage pinNpal antl in[eras4 property taxes Apm®party insurance. utlli[les. and oM¢r faaz. se cau fon when comparing 199 antl 2000 Data (whlcM1 InNUGe only wore housaholEs) [o ken Community Survey Geta (wM1ICM1 Inclutle all noueeholaa a [he resets for mwe infocmatlon. Metronotitxn Council Land Use Chart: Generalized Land Use in BrooKlyn Center, 20'16 Realtlential Total, 9896 -\ Iotlu9Vla1 Tolal, 5%-- Allpotl. [ InsOlullo ' Agnwlmral antl untlevelopea. s% COmme�cial Tolal. 9^A l Open WateG 4% PatK antl Retteallonal, 'I l^b HYxeO Use Total, t°b ll. Idulllfamily Resltlen\lal Total, 8% Roatlways. 8% Soufce: Metropolitan Coundl G¢neratlactl Land Vsa Historical na[a 5¢t MF.MORANDiJM — COIJNCIL WORK SESSION DATG: Ausost ]0,2017 'f0: City Council PROM: Curt 13ognncy, City Mnuagpl� S7J6JGGT: Affordable I lousing Presentation Reconunendntion: It i omnwnde<I that the Cily Cooncil rveuvc• the prtina,ntatioNrepon and cmrsidcr providing ahs-a:�.�n tq xinrc. 13nckgrounal: In May of 2017 the C; ity Council received egpics of emails (nitnchcA) farumraed by Conncibnemher Dvtler from Africnn Career and Cdvcation Resource Ina (ACFIi) requesting an oPPornmity la> come bcforc she Ci[y Council to dixcuss conecros abrnn the ncW for affordable hnusins in Ih-anklyn Ccntcr. In addition MaYnr \Milson +ens in wnlact with n rcpreseolativa of Cormnuniq• Aetinn Pi.rbrcrxhip of Hennepin Cqune)• (CAPHC) mgarding Ore some topic. On July lOr^ 2U 17 by consensus the City Council diacctoA staff to invite representatives f'om ACt:R un<t CAPHC In a frnurc work session u> present inf rmation arul hove n <linlognc qn the i cue of xfl'ordable housing. it is my understanding that these groups have collaborated in the ryaet and +vill jointly P+'+=Tont wr the issue a>f Aff Nablc Housing bcforc dre Ciq• Council.. As stated in the email from lixecutive. [7ireetm, Ivhmerw Ilw overs 11 goal of the Bmop is to cream or strm+gdmn current Policies lhnt will proscrve naiamlly occurrhrg affordable Itonsing. secure the rights and improve [he living conditions of tenants living trt aCfOrd nblC rCn[nl PrOpCrliCs. F ndosed with this report is n copy of housing Strategies mrd Tools for rhe City Of Qrooklyn Cmrter CLxhibil A) provide<1 by ACP.R and 3 Pillars of Afforalnble Hgvsing A<lvocacY Cexhibit R) pmvi<led hY CAPHC. "these Aoeun>cnts represent some of Are issues that will l presenwd m the C;ily Council Policy Issues: lloes the Council believe that the infomrntion P*<-Tontc<i indicate n neeA Cor additional policy neaions to she nd<huss the concerns raised rcgarAing nfT rdal Ic housing an<I the prnteetim+ 01' tenant righls7 Does Iha Council require ndditiorml inf rmation regrading (hese issues beCorc concin<ling if fut4aer policy nctimrs arc necexuny? how docs the Council seam swff to pmecul ra:gar<ling the issues raised abmd nffordaMe honsiug and tenant rights? d)hafou: Gu endo„ear rel nrdn ele •rvJ., a'/rrela+ uBr Mnn<.av eymdi/i of ll(r /n rill pvopl�ni^t prr ,r.r.•lrvin Ntlu tartrtv it, wrio J01% 111 W? ( �y In MICA SP03 W-�) I tj t t.V. Add 't �A 1..: j4 wo, 1: till! noy. 017 scull Ac. MINUTES OP THF pROCHliU1NOS Op TI'IH C'1'1'Y COUNC'IL/GCONOMIC D1iVF:LUPM FNT ACI'fl IC>RI'1'Y Of l'1IF C'l'fY OP 6ROOKLVN CFN'CL"R IN ThIF COUNTY OP IIINNGPIN ANU 'fHL 5'fATF OP MINK FSU'1'A WORK SP.SSION AUG V S'P 14, 2019 CITY HALL - CUL1NCIl. CI IAMRHRS CALL TO 012DHR "1'hc Rnwkly+v Ccutnr t'ity Council/f?comm�ic Developnvem Aulhnrit3' (EUA) n>ct in Nrm'k Sessaon colic<I w mdcr hp Mayor/President Tim Winson as 9:5) p. n. ROI.(. ('ALL Ai nymdl'residcnt Tim \Villson and Cbuncihncmbcrs/Commissiunm's 17nn Ry<ut Kris l.a+sTcncc- Andc+:w> . April Graves, nnA lvinr<p+)m Ruticr + c present Also P+'asem were City Mmu+ger Curt 13uganey, Direc[w' of Rvxiness and Ucvelopnrent Clary Ritcl. Clay Alwn>ey Truy Giluhrixt and Aiichncia Ka j:nvn-Daniclx, 'fiu>e5uvcr Off Sitc Secretarial. Inc. AP121CAN C:ARE.T•.12 ANI> RDUCA'I'IUN 121:SOUI2CG, INC. (ACF R) AD'FORDABLS HO VSINC: — C'ITl' MANALE:R Ueai c Ruticr, ACI31i Project Manager, Nclima Strati Mmaene, A('FR Ixcmnive Director, and Christine ilnn with {�rnnmonity Actimt Pflrtnership of ftem+cpin County Community Devclopmem provided n p>'cscntaalion on the backgmvnvd and purywsc of this item. Uuuneilmnnl>erlConu»issimwr RYa++ xmtcal in the .S>nr Tr[/»u>r newspapm, ll+cre cans no nrtic.lc mt the irate of Inndlords alccidiug no[ to Inke Femion R xny+nmc anA not d it is now in litigation. He stalc<I in som<• of thexe cases they ntay need to wait to sec how the ilcros in litigaliun phay mrt Iscf>rc they can decide how to inroccc<i nnJ help with (hese issues. MnYnr/Pfexialenl Wil Lsun asked +vhnt the State Logi slntr+rc has inA)cmeA they a c looking «> do regarding tl>c suggested local m'dinances. iaix. Han simeA eiticx nm dill moving fonvnr<7 with (hese ordinances anal then hoping the fitv[c makes some changes. C;ouncibmm�t>er/Commissioner Cirnvev .mored xhc believes there arc some items they ore nlrendy working on bw Were are n Ibw xhc bulicwx they could look nt. M:+yor/1>rexialcm \V ilison staled he ngrers with Cuuncilnacn4u>r/Commixsia>ncr Graves and also woaAd like (o explore mol rnminuc ca orations on these- ism es. Ile slatcA nt the Mnyor'x ewtference recently, Ihcy disewcscal [he>sante isms anal m a Ciq, Icvel, [hey sre Acing askcal to bok at the isxucs hcem+sc it is ebser to hoax• and nt7icting their eonvnonitics and then I+cq>efully the stale will follow snit. ORtIJ/i9 -I- Mc BaKancy s[nted the th+ec policies Shat ore bcinS proposed ate not new and have been used in other places. Ile naked how lhuy choose these optimss mtd fmm their research, asked if it is their opinion that these ore tive. must effective tmis to address these issues bcinS raised. Comacilmemhcr/Cbnunissioner liyam slated he wished they hod bean here rnrlier this evening dartos the yresentntion by Brooklyn Allimur for Youth. lie noted they discussed how to lift PmPI< nut of poverty and make changes. Mnyor/Presidona Willson nsked if they would like to conte back and speak further nnothcr lime. Ms. Haat stated IMey w•ovld like to do thnt. Mr. Boguncy nolc<1 he will odd this to the <agcmin in the near faturc. UI5CUSSION ILECAI2DING A LETTER OF INTENT WITH FaTERT CONti 1'I(U(:'TION MOIi'1'l1E COMMERICAL. UEV ELUPM L'NT OF APPRUX7MATFaN 2 ACRES OP 'l'HE NORT11Cl2N POIYI'[ON OP LOl' 1, BLOCK 1, NORTFiBROOK CENTER 2,�t tt A Ol)7"1'iON (FOLK STORY, 112,On0 SF COMMERICAL STORAGE BL11LD1NG - 59 ANl) LOGAN AVEN UCS NORTII)- MR. EITE7. Mr. Y'.ilel Provided a Presentation un this hem with background and history. Cbvncilmembcr/C:ommissinnir Ryan staled the chanSe in the configtn�ation of the rot+dt�ay makes this site somewhat diartdvmvtngcd. 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O e � sa $� a � � � w '� � � � � � � � � a � � � � � � � am � � � � � � � � s � � � � � � � � a � � � w � $ o � �_� � �� � � a � v o 0 0 0 o g� s �� `.� a v e v e ,g e � � � � y, gx % 6' � �R �Rg 6 E � �E � # g gS � g`� S ? .�T � Fg g�g � m � 3 €y g � ! - { „� ,{ ' � � { � r� ., r. . e a.. .r � .. � \, ■ ■ n , ! | � ; „ | n$ ! ■ ■ | :� $ �|i !!i !!!! _! . AFFORDABLE HOUSING POLICY Presented by: Meg Beekman, Community Development Director April 9, 2018 BACKGROUND •May 2017: African Career and Education Resource Inc. (ACER) and Community Action Partnership of Hennepin County (CAPHC) have raised concerns about affordable housing in Brooklyn Center •July 2017: City Council directed staff to invite reps from ACER and CAPHC to a future work session to discuss BACKGROUND cont …. •August 2017: City Council received a presentation by ACER and CAPHC regarding the topic of affordable housing –Advocated that the City consider adopting policies to address the region’s needs for: •Creating new legally-binding affordable housing •Protect tenants •Preservation of naturally occurring affordable housing •City Council directed staff to review the proposed policies and bring back for a discussion REGIONAL HOUSING TRENDS Regional Housing Trends •The Twin Cities Metro Area is currently experiencing record low vacancy rates –Midyear report, average vacancy rate across the Twin Cities metro was 2.4 percent •Impact of low vacancy rates: –Increased rents –Growing interest from outside investors –Landlords in a position to be choosier about who they rent to Regional Housing Trends cont … •Average rents increased 3.1 percent in 2017 •Met Council seeing a reduction in the number of landlords accepting Section 8 vouchers •Growing number of investors purchasing rental properties, making cosmetic improvements and increasing rents Regional Housing Trends cont … •Region is seeing a loss of naturally occurring affordable housing •Affordable housing advocates have identified three categories of policies designed to address these issues: 1.Preservation policies 2.Tenant protection policies 3.Creation policies BROOKLYN CENTER’S CURRENT RENTAL HOUSING •Affordable rents in the Twin Cities Metro: •Average rents in Brooklyn Center: •Average rents in Brooklyn Center are considered affordable for those making just under 50% of the Area Median Income (AMI) Brooklyn Center’s Current Rental Housing cont … •Brooklyn Center currently has 835 rental license holders; 4,300 units •402 Section 8 voucher holders in the City Rental License by Number of Units Single Family Homes 713 2 to 4-unit Properties 71 5 to 39-unit Properties 24 40+ unit Properties 27 Total 835 Brooklyn Center’s Current Rental Housing cont … •4 apartment buildings that are unrestricted legally-binding affordable housing: –Ewing Square Townhomes (23-units) –The Crest Apartments (69-units) –Unity Place (112-units) –Emerson Chalet Apartments (18-units) •Equates to 1.9% of City’s housing supply AFFORDABLE POLICY OPTIONS Affordable Policy Options •Section 8 Ordinance (Tenant Protection) –Prohibiting discrimination based on source of income •Staff recommends monitoring the Minneapolis lawsuit then review pending the outcome. Affordable Policy Options •Notice of Intent to Sell (Preservation) –Would require rental property owners to give an advanced notice prior to the sale of the property •Staff recommends that the city consider other options such as the tenant transition ordinance Affordable Policy Options •Tenant Transition Ordinance (Tenant Protection) –Requires new owners of a naturally occurring affordable housing property to pay relocation benefits to tenants if the new owner increases rent, rescreens existing residents or implements non-renewals without cause within 3 months after purchase •Staff recommends that the City review this policy further to determine the legality of it, the enforcement mechanism, and what the specific impacts in Brooklyn Center might be Affordable Policy Options cont … •Just-Cause Eviction (Tenant Protection) –Also referred to as Just-cause Non-renewal –Requires a landlord to provide a reason if they are not renewing a tenant’s lease that is expiring •Staff recommends that the City consider other options such as the tenant transition ordinance to protect tenants Affordable Policy Options cont … •Inclusionary Housing Policy (Creation) –Collection of policies that could be adopted by the city, either encouraging or requiring new affordable units to be included as part of new market -rate residential development projects •If the Council would like to move forward with this policy staff would recommend reviewing the impact to future development Affordable Policy Options cont … •4D Tax Breaks (Preservation) –Known as Low Income Rental Classification Program (LIRC) –MN provides a property tax break to subsidized rental properties under LIRC (4D Program) –Would require a source of funds to provide as a subsidy •Staff recommends working with the County to determine the feasibility of a County-funded program •The City could also review EDA or TIF 3 Housing funds to determine the availability of funds for a city-funded program Affordable Policy Options cont … •Other Policies/Programs –Identify buildings that are at-risk –Comprehensive Plan –Education POLICY ISSUES Policy Issues •Does the Council believe that the information presented indicates a need for policy actions to address the concerns raised regarding affordable housing & the protection of tenant rights? •Is additional information required regarding these issues before concluding if further policy actions are necessary? •Which policies, if any, would the like Council brought back for further consideration? •Which policy does the Council consider a higher priority?