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HomeMy WebLinkAbout2018 06-25 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION June 25, 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 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center June 25, 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.June 11, 2018 - Study/Work Session 2.June 11,2018—Regular Session b. Licenses C. Resolution Appointing Election Judges for the 2018 Elections d. Resolution Authorizing the Economic Development Authority to submit a Minnesota Invest Fund Application on behalf of Get Bizzy, Inc. 7. Presentations/Proclamations/Recognitions/Donations a. Presentation by Shannon Full, President/CEO of Twin West Chamber of Commerce CITY COUNCIL AGENDA -2- June 25, 2018 8.Public Hearings a. An Ordinance Amending Chapter 35 of the City Code of Ordinances to Establish a New Section 35-420 to Allow Automobile Dealership Off-Site Vehicle Storage as an Interim Use in the I-i, 1-2, and C-2 Zoning Districts —This item was first read on May 29, 2018; published in the official newspaper on June 7, 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. b. An Ordinance Amending Chapter 25 of the Code of Ordinances Regarding Median Safety —This item was first read on May 29, 2018; published in the official newspaper on June 7, 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. 2018-009, Submitted by Neal Thao of Noble Academy, Requesting Approval of a Site Plan for a Driveway Expansion (6201 Noble Avenue North) 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.Resolution Approving a Type IV 6-Month Provisional Rental License for 7240 West River Rd 2.Resolution Approving a Type IV 6-Month Provisional Rental License for 310664 1h AveN 3.Resolution Approving a Type IV 6-Month Provisional Rental License 5410 Girard Ave 4.Resolution Approving a Type IV 6-Month Provisional Rental License for 5302 Humboldt Ave N 5.Resolution Approving a Type IV 6-Month Provisional Rental License for 6765 Humboldt AveN 6.Resolution Approving a Type IV 6-Month Provisional Rental License for 7031 Humboldt Ave 7.Resolution Approving a Type IV 6-Month Provisional Rental License for 6413 June AveN 8.Resolution Approving a Type IV 6-Month Provisional Rental License for 7030 Regent Ave N CITY COUNCIL AGENDA -3- June 25, 2018 9.Resolution Approving a Type IV 6-Month Provisional Rental License for 6424 Scott Ave N 10.Resolution Approving a Type IV 6-Month Provisional Rental License for 4734 Twin Lake Ave 11.Council Report 12.Adjournment EDA MEETING City of Brooklyn Center June 25, 2018 AGENDA 1.Call to Order —The FDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the podium. 2.Roll Call 3.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (FDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. May 29, 2018 —Regular Session 4.Commission Consideration Items Public Hearing a. Resolution Authorizing the Submission of a Minnesota Investment Fund Application on behalf of Get Bizzy, Inc. 5. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION June 25, 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.Youth Art Contest Discussion 2.Former Jerry's Foods Site Concept Review and Discussion PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Beautification and Public Art Initiative - July 2.Cities United Membership 3.Rental Licenses - July 4.ADA Transition Plan 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 JUNE 11, 2018 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Pro Tern Dan Ryan at 6:00 p.m. ROLL CALL Mayor Pro Tern Dan Ryan and Councilmernbers Marquita Butler and April Graves. Mayor Tim Willson was absent and excused. Councilmember Kris Lawrence-Anderson was absent. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Public Works Doran Cote, Director of Community Activities, Recreation and Services Jim Glasoe, Recreation Program Supervisor Kelly Mertes, Recreation Program Supervisor Janelle Crossfield, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mayor Pro Tern Ryan requested the following correction to the Work Session minutes of May 29, 2018: Page 1, Third Paragraph: "Councilrnember/Comrnissioner Ryan stated he likes the idea regarding the first reading of an ordinance being sooner of having the new ordinance or ordinance amendment receive a public hearing at the first reading and not placed in the Consent Agenda at first reading where the item is typically passed on for the second reading without comment. And he doesn't think it is necessary to have a 30-day waiting period." It was the majority consensus of the City Council to accept the correction to the May 29, 2018 Work Session minutes. MISCELLANEOUS Cities United Membership Councilmember Graves stated her interest in joining Cities United. She stated she, Mayor Pro Tem Ryan, and City Manager Curt Boganey had recently attended a two-day Cities United conference. She explained there is no fee to join and it is more about collaboration with others in the network, which includes the Cities of Minneapolis and Brooklyn Park. Councilmember Graves asked that this topic be considered at a future Work Session. 06/11/18 4- DRAFT Councilmember Butler stated she is open to that discussion. Mayor Pro Tern Ryan stated his impression that Cities United was a very effective group with a lot of enthusiastic supporters here and across the country. He stated there is City Council support and asked Mr. Boganey to add this topic to a future Work Session for consideration. Victoria Townhomes Restraining Order Councilmember Graves referenced emails she and the City Council had received relating to an elderly woman and her son at Victoria Townhomes. She stated her interest in getting more information about the trespass citation issued to the son by the Police Department and expressed her concern it may be a tactic of the landlord to put the elderly woman out of a subsidized Section 8 housing unit. Councilmember Graves noted the woman's son is still learning to navigate elderly care services and working with ACER in that regard. She asked about the role of the Police Department Cultural Liaison in situations such as this where there may be a cultural or language barrier. City Manager Curt Boganey stated he copied the City Council on the Police Department's initial response and suggested he ask the Police Chief to provide a more detailed response to the two questions raised by Councilmember Graves for inclusion in the next update. Then, if the City Council has remaining questions, staff will take it from there. The City Council agreed with the approach suggested by City Manager Boganey. City of Minneapolis Section 8 Ordinance Court Ruling Mayor Pro Tern Ryan referenced a recent newspaper article reporting on the District Court ruling on the ordinance passed in 2017 by the City of Minneapolis that prohibited landlords from refusing to accept Section 8 vouchers. Since the Section 8 ordinance was an option presented to the City Council, he felt receiving information to gain a clear understanding may be in order. Mayor Pro Tern Ryan noted Minneapolis has indicated they will appeal that decision in District Court. Mr. Boganey stated staff and the City Attorney are following this matter and will draft a follow up on what impact, if any, this court ruling may have on the City Council's consideration in the future. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS 2018 EARLE BROWN DAYS UPDATE City Manager Curt Boganey explained this is an informational item relating to 2018 Earle Brown Days and invited staff to make the presentation. Director of Community Activities, Recreation and Services Jim Glasoe introduced Recreational Program Supervisors Mertes and Crossfield. 06/11/18 -2- DRAFT Recreation Program Supervisors Kelly Mertes and Janelle Crossfield introduced the topic and provided a PowerPoint presentation detailing the history of Earle Brown Days, 2018 being its 36th year, changes in leadership when the long-serving chair resigned, and eventual disbanding of the committee so the City then took it over. They explained the Lions are unable to provide funding due to loss of its pull tab license so the parade will now be funded by the City. They announced community sponsors and that $6,800 has been raised for the event. The recruitment and public input process was described, noting it takes a lot of manpower to put on a community event like Earle Brown Days. For the parade, the Police Department plays a large role as well as the Public Works and Recreation Departments. The celebration will be held June 21 through June 23, 2018. They described scheduled events including the Red White and Brew Pest, which is new this year. The City Council was asked to spread the word about Earle Brown Days to assure all in the city know about it and can join in the fun. Councilmember Butler asked if it is too late for her to register for the parade. Staff stated that can be accommodated as long as they can get a vehicle from Luther. Councilmember Graves asked if this event has been posted to a Facebook page. Staff answered in the affirmative. Councilmember Graves asked how many have signed up for the community market. Staff answered 16 booths and stated they anticipate some additional late entries. Councilmember Graves asked if there will be a vintage car show. Staff explained they asked the Shriners but they were not available on these days. Councilmember Graves stated the Park and Recreation Commission discussed the Comp Plan at their last meeting and she wondered about utilizing the Youth Council or the Multi-Cultural Advisory Committee (MAC) to gain input, noting a presentation could be made at one of their meetings. Councilmember Graves asked how the funds raised compared to prior years. Mr. Glasoe stated in years past, the committee raised as much as $8,000 but in recent years, that number had declined so this is a significant increase in funds raised. Mr. Boganey asked about the direct costs compared to revenue raised. Mr. Glasoe stated the costs will be similar to last year, in the range of $17,000. Mayor Pro Tern Ryan recalled a range of 17,000 to $18,000, noting the City can make up that level of difference without budget dislocation. Mr. Boganey confirmed that was correct. Mayor Pro Tern Ryan thanked staff for stepping up, noting Luther has been generous in their donation and he looks forward to the Lions Club coming back and being able to support the parade. He thanked staff for the update and stated the City Council will help spread the word. Staff stated information can be found on the City's Earle Brown Days website and photos and content can be viewed through Brooklyn Center's Recreation Facebook page. Mayor Pro Tern Ryan asked staff to provide that internet link to the City Council. ADJOURNMENT Mayor Pro Tern Ryan adjourned the Study Session at 6:33 p.m. 06/11/18 -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 JUNE 11, 2018 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Pro Tern Dan Ryan at 6:45 p.m. ROLL CALL Mayor Pro Tern Dan Ryan and Councilmembers Marquita Butler and April Graves. Mayor Tim Willson was absent and excused. Councilrnember and Kris Lawrence-Anderson was absent. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Public Works Doran Cote, Director of Community Activities, Recreation and Services Jim Glasoe, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Pro Tern Dan Ryan opened the meeting for the purpose of Informal Open Forum. Diane Sannes, 7006 Willow Lane, addressed the City Council, stating she is anxious to see the new banners, hoping Fast Signs got the contract. She thanked MnDOT and Metro Transit for their work to mow and remove debris in the area of Top Golf. Ms. Sannes expressed concern with the number of Brooklyn Center businesses that have recently closed and the City Council's recent approval of licenses for smoking tobacco product businesses. She reviewed the timeline from her February 12, 2018, request that the City Manager provide information to Council Members so they understood the tobacco licensing requests on the consent agenda. She noted that on March 12, 2018, the City Council unanimously approved another tobacco shop with no discussion. Ms. Sannes stated on May 15, 2018, she asked the City Council to limit the number of new tobacco related product stores and to not approve any more near the high school. However, the most recently approved license is by the middle school. Ms. Sannes asked each Council Member to respond to her directly about when they will address her T-21 concerns. Ms. Sannes stated the City has planned an event with a popular Hispanic band at City Hall on August 7, which is National Night Out. She asked if the City Council will be stopping by to greet the many Hispanic residents who will be at City Hall instead of their own neighborhood. Ms. Sannes commented on the upcoming District 40B election and stated her concern that the City has planned an event during voting hours on Election Day. Ms. Sannes stated she hopes future pop-up market employees are from Brooklyn Center as it has over 20,000 adults and many want to support the community and get a job. 06/11/18 -1- DRAFT City Manager Curt Boganey clarified the Sprint store is not closed but relocating within Brooklyn Center. Mayor Pro Tern Ryan stated Sprint preferred the location off the Boulevard as it has higher visibility. Ms. Sannes stated that's a minor detail and her point was that Sprint is no longer in Shingle Creek Crossing or at a Gatlin property. Councilmember Butler moved and Councilmember Graves seconded to close the Informal Open Forum at 6:54 p.m. Motion passed unanimously. 2.INVOCATION Mayor Pro Tern Ryan read Karma, a poem by Phillip Appleman, as the Invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Pro Tern Dan Ryan at 7:00 p.m. 4.ROLL CALL Mayor Pro Tern Dan Ryan and Councilmembers Marquita Butler and April Graves. Mayor Tim Willson was absent and excused. Councilmember Kris Lawrence-Anderson was absent. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Public Works Doran Cote, Director of Community Activities, Recreation and Services Jim Glasoe, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmernber Butler moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Work Session minutes of May 29, 2018, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.May 29, 2018 - Study/Work Session 2.May 29, 2018 —Regular Session 3.May 29, 2018 - Work Session 4.June 4, 2018 - Joint Work Session with Financial Commission 6b. LICENSES 06/11/18 -2- DRAFT MECHANICAL Air Rite Mechanical Systems Aquarius Home Services Comfort Matters Heating & AC Henderson Heating and A/C LLC Master Mechanical Professional Mechanical Services, LLC Ridler Heating & Cooling Inc. dba: Uptown Heating 6935 146th Street W #3, Apple Valley 3180 Country Drive., Little Canada 18071 Territorial Road, Maple Grove 3515 Dakota Avenue, Woodbury 1027 Gemini Road, Eagan 18983 York Street New Suite C, Elk River 3110 Washington Avenue, Mpls. RENTAL INITIAL ('TYPE II two-year license) 4207 Lakeside Avenue N #334 Vihn Mai 5218 Paul Drive Oyejola Azum 5918 Zenith Avenue N Traci Austin/Dylan DeMarais RENEWAL (TYPE III— one-year license) 1100 69 1h Avenue N Evangelical Lutheran Church of the Master (Missing 2 ARM Meetings) RENEWAL (TYPE II— two-year license) Northwest Residence 4408 69th Avenue N Eugene and Diane Wright 7019 Morgan Avenue N Candlewood Home Buyers, Inc. RENEWAL (TYPE I— three-year license) Crossings at Brookwood Manor 6125 Lilac Drive N Crossings at Brookwood Manor 6201 Lilac Drive N 5349 Northport Drive SIGNHANGER Trusted Sign Solution, LLC Lang Nelson Associates Lang Nelson Associates Paul Ferfon 14505 21st Avenue N, Ste. 221, Plymouth 6c.RESOLUTION NO. 2018-119 ADOPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2017 6d.APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NO. 2016- 08 REGARDING COUNCIL SALARIES FOR 2019-2020 6e. APPROVAL OF AN ORDINANCE AMENDING CHAPTER 1 OF CITY CODE OF ORDINANCES REGARDING ANIMALS 06/11/18 -3- DRAFT 6f.RESOLUTION NO. 2018-120 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT BETWEEN MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF BROOKLYN CENTER FOR FEDERAL PARTICIPATION IN ADVANCE CONSTRUCTION - MNDOT AGREEMENT NO. 1031036 6g.RESOLUTION NO. 2018-121 ESTABLISHING IMPROVEMENT PROJECT NO. 2019-05, SOUTHEAST AREA MILL AND OVERLAY 6h.RESOLUTION NO. 2018-122 ESTABLISHING PARKING RESTRICTIONS FOR SEGMENTS ON 63RD AVENUE FROM BEARD AVENUE TO 360' EAST OF BEARD AVENUE 6i.RESOLUTION NO. 2018-123 APPROVING SETTLEMENT AGREEMENT AND RELEASE WITH STANTEC CONSULTING SERVICES INC. REGARDING COMMUNITY CENTER HVAC IMPROVEMENTS MOTION PASSED UNANIMOUSLY. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2018-124 RECOGNIZING THE 100TH ANNIVERSARY OF THE AMERICAN LEGION Mayor Pro Tern Ryan read in full a Resolution recognizing the 100th anniversary of the American Legion. Councilrnember Graves moved and Councilrnernber Butler seconded to adopt RESOLUTION NO. 2018-124 Recognizing the 1 00t Anniversary of the American Legion. Motion passed unanimously. 8.PUBLIC HEARINGS - None. 9.PLANNING COMMISSION ITEMS - None. 10.COUNCIL CONSIDERATION ITEMS lOa. RESOLUTION NO. 2018-125 AWARDING THE SALE OF $8,530,000 GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2018A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR 06/11/18 -4- DRAFT EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. City Manager Curt Boganey introduced the item and provided background information. Finance Director Nathan Reinhardt noted on May 14, 2018, the City Council adopted a resolution setting the date for the competitive negotiated sale of General Obligation Improvement and Utility Revenue Bonds, Series 2018A to finance the construction of Firehouse Park Area Improvements (70% paid by bond proceeds) and Water Tower No. 2 Reconditioning. He described the projects, project costs, and amount proposed in the bond by repayment sources (property tax levy, special assessments, water charges, and storm drainage charges). Mr. Reinhardt reported five bids were received and opened today with the low bid being received from Robert W. Baird & Co., Inc. that included a premium so the principal amount was reduced to $8,185,000. The terms are to repay the bonds over a ten-year period at an interest rate of 2.66%, an average maturity of 6.3 years, and adjusted principal amount from $8,530,000 to $8,185,000. The required 2019 debt service property tax levy is $246,953, which equates to a 1.4% increase in the property tax levy. Mr. Reinhardt reviewed the findings of the Standard & Poor's Credit Rating for the City of Assigned/Affirmed (AA), citing factors of a weak economy, strong management, strong budgetary performance, strong institutional framework, very strong budgetary flexibility, very strong liquidity, adequate debt and contingent liability position, and strong institutional framework. He stated a rating of AA is considered a very high-grade credit rating. Mayor Pro Tern Ryan noted the bond rating shows Brooklyn Center has strong financial management and procedures in place, which echoes the findings of the comprehensive audit received last Monday showing essentially the same results. He stated this should be reassuring to residents. Doug Green, Springsted, stated it is a pleasure to be here tonight. He presented the Series 2018A tabulation of the five bids received, noting Robert W. Baird & Company, Inc. is a large agency and works with many firms to sell the bonds. He noted the range in true interest rates from the top to low bidder and explained the calculation of coupons and yields. Mr. Green reviewed the costs for issuing the bonds, projects to be funded, the City's previous bond issue results for improvement projects, and correlation between those bond rates and treasuries. Mr. Green stated the City is still getting great reception in the market and good interest rates. He reviewed the municipal market data AAA yields for the last 12 months, noting there has not been much change. The same information over the last 25 years was presented identifying historical low and high interest points. Mr. Green noted most municipal bonds are put into bond funds and this also shows strong growth. He presented a spreadsheet looking at $2.5 million with an increase in 1% or 2% par amount paid by the levy and impact on total debt service. He stated a 3% increase from today's rates would equal $4 on a residential home valued at $250,000. Mayor Pro Tern Ryan noted the City's median home value is about $180,000 so the impact would be even less. He stated generally the City's debt levels are in the average range of peer 06/11/18 -5-. DRAFT group cities. Mr. Green agreed it is average to low. Mayor Pro Tern Ryan stated he is pleased to see these bond results, noting the funds will be used for street and infrastructure improvements. Councilmember Graves asked about not having to borrow as much and how that impacts repaying. Mr. Boganey explained it has taken 25 years to get to the point of nearly completing the first go around in street reconstruction so projects done 27 years ago are now at the point of needing some renovation. But, there is a difference in the work to be done in three years compared to the work done 27 years ago that included a significant investment in stormwater and utility infrastructure. He explained the overlay asphalt work may be on par but the overall amount of debt will be lower or similar in today's dollars. Mr. Boganey stated the total project costs will go down as will the bond issuance, depending on the level of assessments and work to be done. Councilmember Graves asked about the budget impact. Mr. Reinhardt stated the 1.4% will go to the bond issue being considered tonight and then staff will split it between debt service and the operational levy to give an idea of the level of increase. He stated the costs have been narrowed as much as possible to assure the project is affordable and does not cause a large increase in the next bond issuance. Mr. Boganey stated the great news about what the City has done over the last 20 years in implementing the street reconstruction program is getting out of the situation experienced by the State of Minnesota and federal government where deferred maintenance costs have continued to escalate in order to bring infrastructure to a maintainable level. He noted Brooklyn Center has implemented consistence sealcoating and overlay maintenance programs so roads will not be in the shape they were 30 years ago when the City had dramatic expenses to catch up. Mayor Pro Tern Ryan stated the high cost for deferred maintenance highlights how imperative it is to plan regular maintenance. He noted the draft resolution quotes the sale at $8,530,000 and asked if it should be revised. Mr. Green answered in the affirmative and stated it should be $8,185,000. Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2018125 Awarding the Sale of $8,185,000 General Obligation Improvement and Utility Revenue Bonds, Series 2018A Fixing Their Form and Specification; Directing Their Execution and Delivery; and Providing for Their Payment. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Graves reported on her attendance at the following: • May 30 -June 1, 2018: Trans National PA Summit • June 4,2018: Audit Report with Finance Commission • June 6, 2018: Youth Policy Forum Councilmember Butler reported on her attendance at the following: 06/11/18 -6- DRAFT • June 1, 2018: Former City Clerk Sharon Knutson's Retirement Party • June 1, 2018: CAPT Open House • June 4, 2018: Audit Report with Finance Commission • June 8, 2018: BW Harris Alumni Association Fund Raiser • June 10, 2018: Iftar Community Dinner Event Masjid Al-Anser Mayor Pro Tern Ryan reported on his attendance at the following: • May 31, 2018: Highway 25 Workshop • June 1, 2018: Former City Clerk Sharon Knutson's Retirement Part • June 1, 2018: CAPT Open House • June 2, 2018: Lions Club Food Truck • June 4, 2018: Audit Report with Finance Commission 12. ADJOURNMENT Councilmember Butler moved and Councilmember Graves seconded adjournment of the City Council meeting at 7:45 p.m. Motion passed unanimously. 06/11/18 -7- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE:June 21, 2018 TO:Curt Boganey,City Manager THROUGH:Reggie Edwards, Deputy City Manager Dr. Reginald Edwards Deputy City Manager FROM:Rozlyn Tousignant, Deputy City C1erkI and Acting City Manager SUBJECT:Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on June 25, 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. AMUSEMENT DEVICE Mendota Valley Amusement, Inc. Mendota Valley Amusement, Inc. GARBAGE HAULER Curbside Waste Walz Brothers Sanitation MECHANICAL 2 Cool 2 Heat, LLC A ABC Appliance & Heating Inc. dba: Total Comfort Appliance Connections Inc. Bonfe Plumbing & Heating & Air Services, Inc. Custom Refrigeration Freedom Heating & Air K&S Heating A/C & Plumbing Inc. Larson Plbg Legacy Mechanical Services McQuillan Bros Plumbing, Heating & AC Northern Air Heating and Cooling OT Heating & Cooling LLC Perfection Heating & Air Inc. Riccar Heating & A/C Royalton Heating & A/C Select Mechanical 6110 Brooklyn Blvd 6845 Shingle Creek Parkway 402585 th Ave N, Brooklyn Park P.O. Box 627, Maple Grove 852 86th IN NW, Coon Rapids 88187 th Ave N, Golden Valley 12850 Chestnut Blvd, Shakopee 455 Hardman Ave, South St. Paul 640 Mendelssohn Ave N, Golden Valley 888 County Rd D West, Suite 205, New Brighton 4205 HWY 14W, Rochester 3095 162 nd La NW, Andover 1717 120" St NE, Monticello 1711 MN 36 E, Maplewood 888 County Rd D W, New Brighton 10020 Dogwood St NW #A3, Coon Rapids 1770 Gervais Ave, Maplewood 2387 Station Parkway NW, Andover 4120 Ave N, Brooklyn Park 6219 Cambridge Street, St. Louis Park 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 COUNCIL ITEM MEMORANDUM Treated Air Company 9954166 th Ct SE, Becker United Heating & A/C Inc. 1295 Hackamore Road, Medina Westair Inc. 11184 River Road NE, Hanover RENTAL See attached report. Our Vision: We envision Brooklyn Center as thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a health)' environment [iII1Ii[SJ IfltN *NUk'AI Dk'A (I) 11IJ1BA'A I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than I but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 Type IV —6 Months 1-2 units Greater than 8 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 34 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 34 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Our Vision: We envision Brooklyn Center as a thriving, diverse 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 ci)U- I a)U- C Co U) >-enU)CW_O ci)>-J - >U UCU 0D -. - bU U W U)(/) CD ci)L- U) ? -cuLI CI) —LL J *U * ** * * U,ci)1< CL CL (C I U. 0 U) 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000 C (C -0 3 CL 0 0 0 00 000000000000 0 000000 C -Eci) o CL CLLL. 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Minnesota Statues, Section 203B.121, provides that the absentee ballot board may include staff trained as election judges. Because the absentee ballot board must accept or reject absentee ballots in such a timely fashion, it is imperative that City Staff be appointed to the absentee ballot board to process the absentee ballots during the 46 days prior to the election. Budget Issues: There are no budget issues to consider. Strategic Priorities: Inclusive Community Engagement Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2018 ELECTIONS WHEREAS, a State Primary Election will be held August 14, 2018, and a State General Election will be held November 6, 2018; and WHEREAS, Minn. Stat. 204B.21, subd. 2, requires that persons serving as election judges be appointed by the Council at least 25 days before the election at which the election judges will serve. BE IT RESOLVED by the City Council of the City of Brooklyn Center that the individuals named below and on file in the office of the City Clerk be appointed to perform the duties of election judge and/or be appointed as the Brooklyn Center Absentee Ballot Board election judges. BE IT RESOLVED the City Council also appoints other individuals and all members appointed to the Hennepin County Absentee Ballot Board as authorized under Minn, Stat. 204B.21, subd. 2, under the direction of the Election Manager to serve as members of the Brooklyn Center Absentee Ballot Board. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Aihassan Ahmed Magdy Elyamany Karen Knutson Charles Steinhaus Patricia Amundson David Erickson Penny Korldd Tim Thorbus Lorraine Anderson Mary Gersetich Mary LaDuke Beverly Truran Alyson Arneson Mark Goodell Stephen Long Diane Visser Janet Arntsen Chance Goude Nancy Manson Sarah Wilks Tamika Baskin Carolyn Green Gayle Merritt Donald Winn Lavelle Beers Allan Hancock Sue Minor Kathy Winn Mawuli Blabuh Philip Henrichs Kathleen Nelson Kathryn Worre Arletha Blanks Kelly Herrmann Susan Okerstrom Nancy Blexrud Joyce Hogetvedt Riggs Opland Absentee Ballot Betty Blouin Sara Huffman Debbie Paine Board Christine Bonovsky Patricia Humphrey John Petersen Marjorie Adkisson Bill Bruneau Lori Huot Vanissa Peterson Doris Branch Kenneth Bueckers Felicia Ikebude John Polz Anne C Lauren Irwin Kathleen Pullen City Staff Charles Calhoun Joseph Jablonski Karen Richter Sharon Knutson Jean Carlson Charlene Johnson Thomas Schommer Cynthia Majors Rebecca Crass Dave Johnson Peggy Seibert Barb Suciu Todd DeBaker Lynne Johnston Elizabeth Sharpe Rozlyn Tousignant Maria Doron Mindy Jost Ileene Sheeley Kathryn Ellgren Mary King Honey Speltz RESOLUTION NO. June 25, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6d [iII1IJJ I I I MYA I M'A (I) 11I WJ'A I DATE: June 25, 2018 TO: Curt Boganey, City Manager Dr, Reginald Edwards Deputy City Mnagr an4tin City MnqTHROUGH: Meg Beekman, Community Developn n it LDr j - -, FROM: Brett Angel!, Business and Workforce Development Specialist SUBJECT: Resolution Authorizing the Economic Development Authority to submit a Minnesota Investment Fund Application on behalf of Get Bizzy, Inc. Recommendation: It is recommended that the City Council consider the resolution authorizing the Economic Development Authority of Brooklyn Center to submit a Minnesota Investment Fund (MIF) application on behalf of Get Bizzy, Inc. Background: Get Bizzy, Inc. (i.e. Bizzy Coffee) is a cold brew coffee concentrate manufacturer currently based out of Minneapolis which was established in 2015. .Bizzy Coffee has seen a large increase in sales and will be relocating to a leased spaced within Brooklyn Center. The company plans to add an additional 53 full-time jobs at an average hourly rate of $19.30 within 4 years. The Minnesota Investment Fund is a program that provides financing to help add new workers and retain high-quality jobs on a statewide basis offered by the Minnesota Department of Employment and Economic Development (DEED). Individuals or businesses are not allowed to apply for funding on their own and it is required that the local government entity submit the application on the businesses behalf. The Economic Development Authority would be the entity to make application to DEED on behalf of Bizzy Coffee. The City Council is being asked to approve the resolution authorizing the EDA to submit the application. Later this evening, the EDA will be asked to hold a public hearing and approve a resolution authorizing the submission of the Minnesota Investment Fund Application to DEED on behalf of Bizzy Coffee. Budget Issues: There are no budget issues to consider. Strategic Priorities: Resident Economic Stability Attachments: o Resolution Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2018- RESOLUTION REGARDING THE APPROVAL OF A MINNESOTA INVESTMENT FUND APPLICATION IN CONNECTION WITH THE CITY OF BROOKLYN CENTER AND THE ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER FOR THE PROJECT ENTITLED GET BIZZY, INC. WHEREAS, the City of Brooklyn Center, Minnesota desires to assist the business Get Bizzy, Inc., which is proposing to relocate to the City of Brooklyn Center and acquire additional equipment and employees in the City; and WHEREAS, the City of Brooklyn Center understands that Get Bizzy, Inc., through and with the support of the Economic Development Authority of Brooklyn Center, wishes to apply or has applied to the Minnesota Department of Employment and Economic Developments' Minnesota Investment Fund Program for project financing; and WHEREAS, the City of Brooklyn Center held a City Council meeting on June 25, 2018 to consider this matter; and WHEREAS, the City of Brooklyn Center has identified Resident Economic Stability as a strategic priority, which includes growing opportunities for Brooklyn Center residents to have access to high quality, livable wage jobs; and WHERES, the City is committed to working with Get Bizzy, Inc. to help connect them with workers in the community, and expect, as part of the Economic Development Authority's application to the Minnesota Department of Employment and Economic Development on their behalf, that Get Bizzy, Inc. will strive to hire residents of Brooklyn Center whenever feasible. NOW, THEREFORE, BE IT RESOLVED that, after due consideration, the Mayor and City Council of the City of Brooklyn Center, Minnesota, hereby express their approval of the Minnesota Investment Fund application from the Economic Development Authority of Brooklyn Center and authorize the EDA to submit the application, execute any agreements, and administer the loan. June 25, 2018 Date Mayor ATTEST: City Clerk RESOLUTION NO. 2018- 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 :E•]JJ[.J I fl U U 'AUY4I*AO) t1I IilJYA I DATE: June 25,2018 TO: Curt Boganey, City Manager FROM: Meg Beekman, Director of Community Development SUBJECT: Presentation by Shannon Full, President/CEO of Twin West Chamber of Commerce Recommendation: It is recommended that the City Council consider hearing a presentation by Ms. Shannon Full, President and CEO of Twin Cities West Chamber of Commerce regarding the Twin Cities West Chamber of Commerce. Background: Shannon Full is the President and CEO of Twin West Chamber of Commerce. She has requested an opportunity to present to the City Council in order to introduce herself, hear the Council's perspective on the Chamber's role, and outline new initiatives the Chamber is working on that may benefit the City. Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: June 2S,2018 TO: Curt Boganey, City Manager THROUGH: Meg Beckman, Community D Dr. Reg .:dward Deputy Ci . Manager and Actn.y Manager impni I III -i-i-Ml - FROM: Ginny McIntosh, City Planner / Zoning Administrator ' SUBJECT: An Ordinance Amending Chapter 35 of the City Code of Ordinances to Establish a New Section 35-420 to Allow Automobile Dealership Off-site Vehicle Storage as an Interim Use in the I-i, 1-2, and C-2 Zoning Districts. - Motion to Adopt Ordinance. Recommendation: The Planning Commission recommends a motion to adopt the Ordinance authorizing the amendment of Chapter 35 of the City Code of Ordinance to establish a new Section 35-420 to allow automobile dealership off-site vehicle storage as an Interim Use in the I-i, 1-2, and C-2 Zoning Districts. Background: Luther Auto approached the City in February, stating that they had a need to store up to 600 new vehicles for a period of up to two years. The impetus for the storage is related to the construction ( of a new Mazda and Mitsubishi Dealership at 4435 68th Avenue North, which would displace the current storage capacity being used by their adjacent dealerships. At the March 26th City 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. Off- site storage is not currently allowed in the Zoning Code. In order to facilitate the temporary off- site storage, Staff proposed an interim use permit process, which would allow off-site storage with an Interim Use Permit for a specific period of time. The City Council directed staff to draft language and conditions that would mitigate any negative impacts from the off-site storage, and 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 the Council might have. At the April 9, 2018, City Council Work Session, staff brought a draft ordinance to the City Council for review. Council directed staff to bring the ordinance to the Planning Commission for review and consideration. Representatives from Luther Auto were present at the meeting to discuss their request in more detail. At their April 12, 2018, meeting, staff presented the draft ordinance and topic of discussion to the Planning Commission. The Commission provided input on the draft ordinance, and suggested revisions that may address specific concerns related to screening, distance from residential property, limiting the number of vehicles to the specific needs of the auto dealerships located Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing. business, cultural and recreational of/èrings. 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 [S[I1IJ[iJ I fl I I DIIYA UhU*'A 0) iWI I1SJ I within the City, and the orderly placement of vehicles. The topics of signage, dealership staff presence on site, and the location of suitable sites were also discussed. Staff subsequently made revisions to the proposed ordinance language based on the Planning Commission's input. On May 17, 2018, the Planning Commission considered the proposed ordinance amendment and conducted a public hearing on Planning Commission Application No. 2018-008, for approval of the proposed amendment to Chapter 35 of the City Code of Ordinances to establish a new Section 35-420 to allow automobile dealership off-site vehicle storage as an Interim Use in the I-i, 1-2, and C-2 Zoning Districts. The Planning Commission considered the proposed ordinance and reviewed the language contained therein as part of the public hearing process. The Planning Commission determined that the proposed language would adequately mitigate any potentially negative impacts that may be related to the allowance of temporary off-site storage of vehicles, and voted unanimously (6-0) in favor of the proposed ordinance. Consistent with the City Charter, City Council unanimously approved the first reading of the attached ordinance at its May 29, 2018, meeting and directed staff to schedule a public hearing for June 25, 2018. No comments or input were offered by City Council or the public at the meeting on May 29, 2018. A public hearing notice was published in the Brooklyn Center Sun Post on June 7, 2018. If adopted by City Council, the ordinance would become effective 30 days following legal publication of the public notice. The Planning Commission Report (dated May 17, 2018), and the proposed ordinance, 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 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 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 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. I. Interim Use. Notwithstanding anything 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: 1-1-,1-2,C-2. No interim use nermit for automobile dealership off-site storage shall be issued for a site that abuts or is directly across a city or county right-of-way from a residentially zoned (RI through R7) property. 2 Application. An application for an interim use permit for the off-site storage 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-sitelocatiom (ii)An explanation of the purpose for the number of vehicles needing to be stored at the off-site location; (iii)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; (iv)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 (v) A map showing the portion of the property to be used 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; and c. Proof of ownership of the property or a copy of the proposed lease allowing use of the property for vehicle storag 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, except that the following additional standards shall also be considered: . 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 ; nnd th The applicant agrees to the conditions the City Council imposes on the use. LL 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 by the City Council, the following restrictions shall apply to all interim use permits issued to an automobile dealership for off-site vehicle storage: 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 operation b Any vehicles stored shall be sold or leased at the automobile dealership located in the WL c. Any off-site location shall conform to Section 35-711 of the Zoning Code, Puking Lot Screenina: th No vehicle repairs, sales, cleaning or detailing shall occur at the off-site location: e.Only employees or contractors of the automobile dealership shall be allowed on the off-site location: f.No sinage, other than minimal directional si g nage internal to the site, shall be permitted on the off-site location; g The portion of the storage site designated for vehicle storage shall only be located on an approved paved parking lot; h.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: i.Vehicles shall be stored in -an-orderly fashion with drive aisles, allowing vehicles to enter and exit the site without having to move other vehicles: j 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: k. The routes used to transport vehicles to and from the site shall be limited to the routes approved in the interim use permit; 1. An interim use permit issued pursuant to this section is not transferable: and ik 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 no fewer than 90 days prior to 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. Tim Willson, Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) 0 KIt 0 CER AT THE ICENTER Planning Commission Report Meeting Date: May 17, 2018 Application No. 2018-008 Applicant: City of Brooklyn Center Location: I-i, 1-2, C-2 Request: Amend Chapter 35 to establish a new Section 35-420 to allow automobile dealership off-site vehicle storage as an Interim Use. INTRODUCTION Staff is presenting Planning Commission Application No. 2018-008, which would amend Chapter 35 of the City Code to allow existing auto dealerships in the City to store new vehicles for a temporary period of time off-site via an Interim Use Permit. This amendment would apply in the I-i (Industrial Park), 1-2 (General Industry), and C-2 (Commerce) Zoning Districts. The as proposed ordinance would place further restrictions on the storage of new vehicles, and would allow the Planning Commission and City Council to place conditions on the approval of any new Interim Use Permit for this use. A Zoning Code amendment requires that a public hearing occur in accordance with Statue Statute. An Affidavit of Publication confirmed publication of the public hearing notice in the Brooklyn Center Sun Post on May 3, 2018. Mailed notices are not required when the proposed Zoning Code amendment relates broadly to the City. BACKGROUND Luther Auto approached the City in February, stating that they had a need to store up to 600 new vehicles for a period of up to two years. The impetus for the storage is related to the construction of a new Mazda and Mitsubishi Dealership at 4435 68th Avenue North,, which would displace the current storage capacity being used by their adjacent dealerships. At the March 26u11 City 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. This use is not currently allowed in the Zoning Code. The City Council directed staff to draft language and conditions that would mitigate any negative impacts from the off-site storage, and 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 the Council might have. At the April 9, 2018, City Council Work Session, staff brought a draft ordinance to the City Council for review. Council directed staff to bring the ordinance to the Planning Commission for review and consideration. At their April 12, 2018, meeting, staff presented the draft ordinance and topic of discussion to the App. No. 2018-008 Pc 05/17/2018 Page 1 Planning Commission. The Commission provided input on the draft ordinance, and suggested revisions that may address specific concerns related to screening, limiting the number of vehicles to the specific needs of the auto dealerships located within the City, and the orderly placement of vehicles. The topics of signage, staff presence on site, and the location of suitable sites were also discussed. ORDINANCE LANGUAGE The Zoning Code currently prohibits off-site storage in all zoning districts. 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 for 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. After discussion with the City Attorney, it was determined that the most effective way to allow this activity would be through an Interim Use Permit process. 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 the proposed Interim Use Permit Ordinance which would allow Luther to apply for an Interim Use Permit. Interim Use Permits are reviewed and approved much the same as a Special Use Permit; certain conditions could be added, and the City would determine the length of time that the interim use would be allowed to continue. If adopted by the City, Luther Auto would need to apply separately for an Interim Use Permit once a specific site or sites were identified. The ordinance amendment before you this evening requires that any vehicle stored must be sold or leased at a dealership located in the City of Brooklyn Center. The language outlines under what conditions a business could apply, as well as what information is required as part of that application. 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. They would need to state the reason for the need for additional storage. The vehicles stored would need to be new, operable vehicles, and be stored in a manner that allows vehicles to be taken on and off site without having to move other vehicles. The off-site property would be used for storage only, and not sales, service, repair, detailing, etc. The ordinance language further restricts signage, as well as the proximity in which off-site storage must be from residential properties. POLICY ISSUES One of the City's strategic priorities is Targeted Redevelopment. This speaks to the strategic and proactive redevelopment of key areas in the City. Related to this strategic priority is the support of existing businesses that are making investments in the community. As Luther is planning for the construction of a new dealership in the City, accommodating their storage needs on a temporary basis to enable the timely construction of the project is within the goals of the City. RECOMMENDATION Staff recommends the Planning Commission recommends: The Planning Commission recommends approval to the City Council of the as proposed amendment to App. No. 01-uu PC 05/17/2018 Page 2 Chapter 35 of the City Code to establish a new Section 35-420, which would allow auto dealerships in the City to store new vehicles off-site on site for a specific period of time with an approved Interim Use Permit. Attachments Exhibit A- An Ordinance Amendment Chapter 35 to Allow Automobile Dealership Off-Site Vehicle Storage as an Interim Use. App. No. 2018-008 PC 05/17/2018 Page 3 Ordinance Amending Section 35 of the City Code of Ordinances to Establish a New Section 35-420 to Allow Automobile Dealership Off-site Storage as an Interim Use in the I-1, I-2, and C-2 Zoning Districts (Interim Use Permit Ordinance) Background -The Planning Commission recommended unanimous (6-0) approval of this Item at its May 17, 2018, meeting -The first reading was approved at the City Council meeting on May 29, 2018, and a Motion to set the second reading and Public Hearing was set for June 25, 2018 (Tonight) Requested Amendment: Section 35-420 (New) The requested ordinance amendment, if approved, would allow existing automobile dealerships in the City to apply for an Interim Use Permit to allow off-site storage of new vehicles on property zoned I-1, I-2, or C-2 The Ordinance lays out the requirements for a complete application, including:  Number of vehicles to be stored  Purpose of off-site storage  Route, frequency, times, and days vehicles will be brought on and off site  Requested duration of storage  As an Interim Use Permit request would require formal approval through Planning  Commission and City Council, conditions may be placed on the approval of an Interim Use Permit Performance Standards include:  Use of the site limited to storage only of operable, new vehicles  Vehicles stored must be sold or leased through dealerships located in the City of Brooklyn Center  Screening requirements (e.g., parking lot)  Signage limitations  Storage on approved hard surfaces only  Vehicles must be stored in an orderly fashion (e.g., with drive aisles)  Requested Council Action |Next Steps Requested Council Action: Motion to open Public Hearing  Take public input  Motion to close Public Hearing  Motion to adopt Ordinance amending the City Code of Ordinances to establish new  Section 35-420 to allow automobile dealership off-site storage as an interim use in the I- 1, I-2, and C-2 Zoning Districts Next Steps Should the City Council adopt the ordinance amendment, the Luther Group, LLLP has  applied for an Interim Use Permit for the off-site storage of new vehicles Planning Commission Review: June 28, 2018  City Council Review: July 9, 2018  The Luther Group, LLLP would need to enter into a long-term lease with the EDA  City Council Agenda Item No. 8b [EI1uJ[OIRtI*YAL!4 Iik'A (1) 1II iBJi1 DATE: June 25,2018 TO: Curt Boganey, City Manager FROM: Tim Gannon, Chief of Police ,7il, T.,,iAd,^vrds eputy Cit y Manager nd Actine City Maflr SUBJECT: An Ordinance Amending Chapter 25 of the Code of Ordinances Regarding Median Safety Public Hearing Recommendation:It is recommended that the City Council motion to open the public hearing; take public input, motion to close the public hearing and motion to adopt the ordinance. Background: At its May 29, 2018 meeting the City Council approved the first reading of an ordinance that would amend Chapter 25 of the City Code of Ordinances relating to median safety. Changes have been made to the proposed ordinance based on recommendations discussed during the first reading. The changes made to the proposed amended ordinance include: • Section 25-1100; Findings and Purpose, received added language which more clearly provides for a basis for the amended ordinance. • Section 25-1101; Definitions • Trunk Highway 252 was added to "Arterial roadway" • Brooklyn Boulevard at 63' Ave Bass Lake Road and Xerxes, Trunk Highway 252 and 66th Ave N, 701h Avenue and 7311 Ave were added to "High-traffic intersections" • The definition of "median" was modified to add paved or unpaved area and removed the language related to a width of 6 feet or less In recent years, Brooklyn Center and other cities throughout the nation have seen a substantial increase in pedestrian occupying medians for extended periods of time. The purpose of occupying medians does vary from protesting, panhandling, or advertising. Regardless of the reason, it has an impact on public safety for both pedestrians and motorists alike. Historically, medians were created to offer a barrier between traffic traveling in opposite directions while supporting a traffic light. They were also created to allow pedestrians a safe temporary resting spot to await a light change if unable to cross a roadway in a single traffic light rotation. Medians were created to be raised above the roadway and usually narrow in width with those original purposes in mind. The recent uses of medians by pedestrians are creating a safety hazard to both pedestrians and motorists alike. Currently, there are no laws or ordinances that can mitigate this documented safety concerns. 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 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 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 related to median safety. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO.______ AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY CODE OF ORDINANCES REGARDING MEDIAN SAFETY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Chapter 25 is hereby amended by adding the following new sections regarding median safety: MEDIAN SAFETY Section 25-1100. FINDINGS AND PURPOSE. The city has three high-capacity arterial roadways that are heavily travelled thruways with traffic counts on Brooklyn Boulevard of 17,300 to 30.500 vehicles per day. on Bass Lake Road of 11,400 to 16,100 vehicles per day, and on Trunk Highway 252 of 59.000 to 69,000 vehicles per day. Trunk Highway 252 is also considered an expressway that is one of the most heavily traveled hiahwavs with stoplights in Minnesota and has high number of crashes, including one high-traffic intersection that is ranked the 2nd highest crash cost intersection in the state. These arterial roadways have posted speed limits that range from 35 m.p.h. to 55 m.p.h., contain high-traffic intersections, and have relatively narrow or obstructed medians. The medians on these roadways are traffic senaration structures that were not designed,- and are not maintained, to accommodate either any pedestrians, or only those who are temporarily crossing at a designated crosswalk. Most of the medians also contain landscaping traffic control devices, and other obstructions that are inconsistent with use by pedestrians and those who attempt to walk around the obstructions are at an increased risk of being struck by a vehicle. The city has experienced an increase in the number of pedestrians remaining on medians at high-traffic intersections for extended periods. It is not safe for pedestrians to remain on these medians as they are at risk of being struck by the large volume of traffic travelling through these intersections at high rates of speed. Their presence on the medians also distracts drivers focused on not striking them as they navigate through these high-traffic intersections. The purpose of these sections is to establish a narrowly tailored regulation intended to protect public safety related to pedestrians in roadways and drivers passing through high-traffic intersections on the identified arterial roadways within the city, 519930v8 TJGBR291-4 Section 25-1101. DEFINITIONS. For the purposes of Sections 25-1100 through 25-1104, the following terms shall have the meaning given them in this section. a. "Arterial roadway" means the following roadways within the city: 1.Brooklyn Boulevard (CSAH 152); 2.Bass Lake Road (CSAH 10), located between the western jurisdictional boundaries of the city and Trunk Highway 100: and 3. Trunk Highway 252. b. "High-traffic intersection" means the following intersections on arterial roadways controlled by traffic signals: L Brooklyn Boulevard and 69th Avenue; 2. Brooklyn Boulevard and 68th Avenue; Brooklyn Boulevard and 1-94 Westbound Ramps: 4. Brooklyn Boulevard and 1-94 Eastbound Ramps: 5.Brooklyn Boulevard and 63rd Avenue; 6.Brooklyn Boulevard and 65th Avenue; 7 Brooklyn Boulevard and Bass Lake Road- 8.Brooklyn Boulevard and 55th Avenue: 9 Brooklyn Boulevard and TB 100 Southbound Rarnp 10.Brooklyn Boulevard and TH 100 Northbound Ramp s; 11.Bass Lake Road and Xerxes Avenue: 12.Bass Lake Road and Northway Drive (eastern most intersection 13.Bass Lake Road and Shingle Creek Parkway 14.Bass Lake Road and TH 100 Southbound Ramps; 15.Bass Lake Road and TB 100 Northbound Ramps; j. Trunk Highway 252 and 66th Avenue: 5199300 TJGBR291-4 17.Trunk Highway 252 and 70th Avenue; and 18.Trunk Highway 252 and 73rd Avenue. c. "Median" means a paved or unpaved area dividing a street or highway that separaI lanes of traffic traveling in opposite directions, or, in the case of separated turn .1anes vehicles traveling in the same direction. L "Roadway" means the travelled portion and median of a street or highway. Section 25-1102. PROHIBITION. No person shall be on a median within 300 feet of a high-traffic intersection unless the person is in the process of legally crossing the roadway. This prohibition applies to both the median on the arterial roadway and the median on the intersecting roadway. A person shall not be considered to be in the process of legally crossing a roadwy, and it shall be prima facie evidence of a violation of this section, if a person stays on a median through two consecutive opportunities to cross the roadway in accordance with the crossing signal and state law. Section 25-1103. EXCEPTIONS. The prohibitions in Section 25-1102 shall not apply to any of the following: A. Any person engaged in law enforcement or rescue activities, including providinu assistance to an injured or disabled vehicle or person; Ii Any person engaged in the emergency repair of their vehic1e:o ç Any public works staff or public contractors engaged in the maintenance, repair, or improvement of a roadway or related public facilities, or public utility workers installing, maintaining, repairing, or removing public utilities. Section 25-1104. PENALTY. A violation of Section 25-1102 is a petty misdemeanor offense and shall also constitute an administrative offense subject to issuance of an administrative citation and civil penalties as provided in Sections 18-201 through 18-212. A person who violates Section 25-1102 may be issued a petty misdemeanor citation or an administrative citation, but not both for the same violation. A person may be charged with a misdemeanor offense if that person violates Section 25-1102 within 12 months of the first of two prior median safety violations. For the puiposes of this Section. "prior median safety violation" shall be defined as either: (a) a petty misdemeanor conviction of a violation of Section 25-1 1.O2 or(b)the payment of an administrative citation containing a violation of Section 25-1102. Article II. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. 519930v8 TJGBR29I-4 Adopted this day of 52018. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) 519930v8 TJGBR291-4 MEDIAN SAFETY ORDINANCE Brooklyn Center City Council Meeting Public Hearing June 25, 2018 FINDINGS AND PURPOSE BrooklynCenterhasthreearterialroadwaysthatare  definedbyvolumeoftraffic,vehiclespeeds,andnarrow medians. TheCityhasexperiencedanincreaseinthenumberof  pedestriansoccupyingthosemediansforextendedperiods oftime. FINDINGS AND PURPOSE Theactivityhascontributedtodriverdistractions,a  decreaseinoveralltrafficsafety,andapublicsafety concernexpressedbycitizensandlawenforcement. Thepurposeofthisamendedordinanceistoestablisha  narrowlytailoredregulationintendedtoprotectpublicsafety relatedtopedestriansinroadwaysanddriversusingthose identifiedarterialroadways. DEFINITIONS Arterialroadways ofconcernareasfollows:  BrooklynBoulevard(CSAH152)locatedbetween69 th Avenue  tothenorthandHwy100tothesouth. BassLakeRoad(CSAH10)locatedbetweenthewestern  jurisdictionalboundariesofthecityandTrunkHighway100. MNStateHwy252(MN252)locatedbetweenInterstate694  (I-694)tothesouthand73 rd Avenuetothenorth. Definitions Continued… High-trafficintersections areintersectionsonarterialroadways  controlledbytrafficsignals. Amedian isapavedorunpavedareadividingastreetorhighway  thatseparateslanesoftraffictravelinginoppositedirections,or,in thecaseofseparatedturnlanes,vehiclestravelinginthesame direction. Aroadway isthetravelledportionandmedianofstreetsor  highways. HIGH-TRAFFIC INTERSECTIONS CONTROLLED BY TRAFFIC SIGNALS The following high-traffic intersections are controlled by traffic signals: Brooklyn Boulevard and 69th Avenue; Brooklyn Boulevard and 68th Avenue; Brooklyn Boulevard and I-94 Westbound Ramps; Brooklyn Boulevard and I-94 Eastbound Ramps; HIGH-TRAFFIC INTERSECTIONS CONTROLLED BY TRAFFIC SIGNALS Continued… Brooklyn Boulevard and 65th Avenue; Brooklyn Boulevard and 63th Avenue; Brooklyn Boulevard and Bass Lake Road; Brooklyn Boulevard and 55th Avenue; Brooklyn Boulevard and TH 100 Southbound Ramps; HIGH-TRAFFIC INTERSECTIONS CONTROLLED BY TRAFFIC SIGNALS Continued… Brooklyn Boulevard and TH 100 Northbound Ramps*; Bass Lake Road and Xerxes Avenue; Bass Lake Road and Northway Drive (eastern most intersection); Bass Lake Road and Shingle Creek Parkway; Bass Lake Road and TH 100 Southbound Ramps; and * Will have semaphore in October of 2018 HIGH-TRAFFIC INTERSECTIONS CONTROLLED BY TRAFFIC SIGNALS Continued… Bass Lake Road and TH 100 Northbound Ramps; th Trunk Highway 252 and 66Avenue; th Trunk Highway 252 and 70Avenue; rd Trunk Highway 252 and 73Avenue; PROHIBITION Nopersonshallbeonamedianwithin300feetofahigh-traffic  intersectionunlessthepersonisintheprocessoflegallycrossing theroadway. Theprohibitionappliestoboththemedianinthearterialroadway  andthemedianontheintersectingroadway. Apersonshallnotbeconsideredtobeintheprocessoflegally  crossingaroadway,anditshallbeprimafacieevidenceifthe personstaysonamedianthroughtwoconsecutivelightchanges. EXCEPTIONS Anypersonengagedinlawenforcementorrescue  activities,includingprovidingassistancetoaninjuredor disabledvehicleorperson. Anypersonengagedintheemergencyrepairoftheir  vehicle. Anypublicworksstafforpubliccontractorengagedinthe  maintenance,repair,orimprovementofaroadway,public facility,orpublicutility. PENALTY Aviolationofthissectionisconsidered:  Apettymisdemeanoroffenseandconstitutesasan  administrativeoffense. Chargeablewitheitheranadministrativecitationorapetty  misdemeanorcitationbutnotboth. PENALTY Continued… Apersonmaybechargedwithamisdemeanorifthatperson  hasviolatedtheordinancewithin12monthsofthefirstof twopriormedianviolations. priormediansafetyviolation Aisdefinedasbeingcharged  witheitherapettymisdemeanororanadministrativecitation. SPEED RELATED TO DEATHS A study in London and in Australia discovered that increased speeds resulted in an increased risk of pedestrian death. Relationship of Vehicle Speed to Odds of Pedestrian Death in Collision VEHICLE RATE ODDS OF ODDS OF UNITED KINGDOM AUSTRALIA OF SPEEDPEDESTRIAN DEATHPEDESTRIAN DEATH 12 20 MPH5%5% 30MPH45%37% 40 MPH85%83% CAR VS. PEDESTRIAN ACCIDENTS 8 6 4 2 0 2013 2014 2015 2016 BSL: Bass Lake Road 2017 BB: Brooklyn Boulevard 252: MN-252 20132014201520162017 Total Car vs. Pedestrian Accidents 97777 Occurred on BSL, BB or 252 26255 Fatal Accidents on BSL, BB or 252 02210 Victim in the Act of Panhandling 00001 •The 2017 data is not available for MN-252 as of 6/18/18. •Weren’t able to determine if pedestrian victims on MN-252 were in the act of panhandling. PUBLIC SAFETY CONCERNS/PANHANDLING 140 122 120 93 100 80 59 60 48 42 40 20 0 20132014201520162017 Public Safety Concern/Panhandling Locations PROXIMITY and Proximity to Bass Lake Road, Brooklyn Boulevard and MN-252 (5-Year History) 203 250 200 112 100 150 69 100 50 0 Calls25'100'200' Generate d 200' off of BSL, BB or 252 91 100' off of BSL, BB or 252 1212 25' off of BSL, BB or 252 313131 Calls Generated on BSL, BB or 252 69696969 QUESTIONS? City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM DATE: June 25, 2018 TO: Curt Boganey, City Manager THROUGH: Meg Beekman, Community De Or, Reginald Edird Deputy City Mantcr and AcrRitV Mrngr Jt7 FROM: Ginny McIntosh, City Planner/Zoning Administrator SUBJECT: Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2018-009, Submitted by Neal Thao of Noble Academy, Requesting Site Plan Approval for a Driveway Expansion (6201 Noble Avenue North) Recommendation: It is recommended that the City Council, following consideration of this Planning Commission Application item, adopt the resolution regarding the disposition of Planning Commission Application No. 2018-009, submitted by Neal Thao of Noble Academy, requesting approval of a revised site plan for the expansion of the bus driveway area of the property located at 6201 Noble Avenue North, along with associated site improvements. Approval is subject to the Applicant/Property Owner complying with the conditions outlined in the Site Plan and Documents Approval Section of the Planning Commission Staff Report last dated June 14, 2018 (attached), with the exception of the noted amendment to the conditions below. Background: On April 12, 2018, the Planning Commission reviewed Application No. 2018M05, submitted by Neal Thao of Noble Academy, for the requested approval of a site plan to expand upon the existing parking lot and driveway areas for the property located at 6201 Noble Avenue North. This request is associated with plans to re-open the former Odyssey Academy, which closed in 2017, as Nompeng Academy, and improve the overall site circulation, accommodation, and student safety. As site approvals do not require a public hearing, no notice was published in the Brooklyn Center Sun Post, and no mail notices were sent. The Planning Commission reviewed the aforementioned application and asked questions of City staff and the Applicant. Following discussion, the Planning Commission voted unanimously (6-0) in favor of the requested approval of the site plan, subject to the Applicant working with City staff to identify the minimum drive aisle required to accommodate emergency vehicles (e.g., fire trucks) within the proposed bus-only drive area. A discussion with Fire Inspector Brandon Gautsch and Building Official Dan Grinsteinner determined that, per City Fire Code Section 503.2.1 (Dimensions), a minimum 20 foot wide fire apparatus access road was required. This information was relayed to the Applicant who agreed to the revised 20-foot wide bus driveway aisle requirement. Following a review of the aforementioned staff report and draft resolution, the City Council unanimously approved Planning Commission Application No. 2018-005 on April 23, 2018, under Resolution No. 2018-94. The Applicant has since updated their plans and is requesting approval of a revised plan that would construct a one-way, bus-only driveway to 63' Avenue North, rather than Noble Avenue North. As Our Vision. We envision Brook/Ya Center as a thriving, diverse community with afull range of izousing. business. cultural and recreational otfuiings. It is a safe and inclusive place that people of all ages love to cc!/ ho;ne, and visitors enjoy due to its convenient location and commitment to a healthy environment II]BJ[iJ I N I I MA U'A I k'A 0] 1I )1IJ'A I the April approval would have required the re-circulation of the existing drop-off and angled parking area along the front of the school as i means to minimize the likelihood of traffic backups between the existing northern curb cut to the drop-off area and then proposed bus-only driveway, the Applicant determined that it would be better to relocate the bus driveway in order to retain the existing circulation of the drop-off area. Unless otherwise noted, the plans to expand the parking area, install a dry pond, and conduct other improvements as noted on the approved April 2018 plans would not change. The Planning Commission reviewed the revised site plans at their meeting on June 14, 2018, and asked questions of City staff and representatives of the Applicant. Four residents from Perry Avenue North, located west and north of the Subject Property, were present at the meeting. The residents asked questions and voiced concerns relating to the project, including the addition of lighting along the revised bus driveway location that would run north to 63rd Avenue North, and the potential for the storage of buses at the Subject Property overnight and for reasons other than pickups, drop-offs, or as part of school activities. Additional concerns were voiced regarding the removal of the pedestrian sidewalk running west to east from Perry Avenue North to the parking lot on the Subject Property, which is to be replaced, the expansion of the parking lot, and the "boulders" currently located near where the basketball court used to be. It has since been clarified that the "boulders" are in actuality landscaping stones to be located near the school's community garden. Planning Commissioners walked through the submitted site plans with the residents and requested clarification of their concerns. City staff and representatives of the Applicant were present at the Planning Commission meeting to clarify the proposal and answer questions. Based on these discussions, the Planning Commission unanimously (6-0) approved Planning Commission Application No. 2018-009, subject to an amendment to incorporate an additional condition that would prohibit the overnight storage of school buses, and for other reasons than the pickup and drop off of students, or as part of school activities. It was also requested that the Applicant work with City staff through the building/land alteration permit process as part of any final approval of the proposed bus driveway to 63id Avenue North to identify whether it would be possible to place the light poles along the revised bus driveway on a timer. As part of these continued conversations, City staff will be meeting with three Perry Avenue North residents on Friday, June 22, on the Subject Property to walk through the approved site plans and the proposed bus driveway and associated improvements. Representatives of the Applicant have indicated their availability to meeting on site with the residents as well if requested. Attached for your review are copies of the revised Planning Commission Staff Report and exhibits dated June 14, 2018, City Council Resolution No. 2018-94, which was approved on April 23, 2018, and a copy of the Council resolution related to the revised site plan. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment Our Vision: !J7e envision Brooklyn Center as a thriving, diverse community with afull range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-009, SUBMITTED BY NEAL THAO OF NOBLE ACADEMY, REQUESTING SITE PLAN APPROVAL FOR A DRIVEWAY EXPANSION (6201 NOBLE AVENUE NORTH) WHEREAS, Planning Commission Application No. 2018-009 was submitted by Neal Thao of Noble Academy requesting consideration of a revised Site Plan approval for the proposed relocation of a bus-only driveway for the Subject Property located at 6201 Noble Avenue North; and WHEREAS, on April 12, 2018, the Planning Commission received and reviewed a planning report and Assistant City Engineer's memorandum on the proposed Site Plan for a parking lot and bus-only driveway expansion that would have resulted in a third curb cut on Noble Avenue North for the Subject Property to provide egress for school buses under Planning Commission Application No. 2018-005; and WHEREAS, the Planning Commission unanimously recommended City Council approve Planning Commission Application No. 2018-005; and WHEREAS, on April 23, 2018, the City Council received and reviewed the planning report and Assistant City Engineer's memorandum and unanimously approved Planning Commission Application No. 2018-005; and WHEREAS, following approval of Planning Commission Application No. 2018- 005, the Applicant contacted City staff and indicated a desire to redirect a portion of the bus-only driveway from Noble Avenue North to 63'' Avenue North, retain the existing traffic circulation 1,,1along -tlic angled parking and A--- _-p - ^+ +1,. , P-11 other related site improvements; and WHEREAS, on June 14, 2018, the Planning Commission received and reviewed Planning Commission Application No. 2018-009, which included a revised planning report and Assistant City Engineer's memorandum on the requested revisions to the proposed Site Plan; and WHEREAS, in utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this Site Plan an appropriate and reasonable improvement to the subject property. WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota, hereby recommends to the City Council that the revised Site Plan for the proposed driveway expansion, located at 6201 Noble Avenue North, and as comprehended under Planning RESOLUTION NO. Commission Application No. 2018-009, may be approved based on the following considerations: A.The revised Site Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; B.The improvements and utilization of the property as proposed under the planned improvements to this site is considered a reasonable use of the property and will conform with ordinance standards by allowing bus traffic to utilize a bus-only egress off 63rd Avenue North; C.The Site Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city as it is designated for a school use; D.The Site Plan proposal appears to be a good long range use of the existing site, particularly in preparation of their fall 2018 opening, and the proposed bus driveway and other site improvements can be considered an asset to the community; and E. Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site Plan, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, are met and the site plan proposal is, therefore, in the best interest of the community, as its intent is to address safety-related concerns and site space needs in order for the Subject Property to continue its use as a school. AND WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota, hereby further recommends the City Council approve Planning Commission Application No. 2018-009, subject to the following considerations and conditions: 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.Unless otherwise specifically noted, the site plan approvals adopted as part of City Council Resolution No. 2018-94 and under Planning Commission Application No. 2018-005 are still en force. This includes, but is not limited to the expansion of the parking lot area and installation of a dry pond. Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site Plan as approved by the City Council. b.A pre-construction conference shall be held with City staff and RESOLUTION NO. other entities designated by the City prior to issuance of a Building Permit/Land Disturbance (Alteration) Permit. 2. Agreements: a.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. b.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 Plan. C. The Developer shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated June 11, 2018 (Exhibit E). a.A City 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. 4.Construction Standards: a. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. V Unless otherwise determined, 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. 5.Facilities and Equipment: a.Any outside trash disposal facilities, roof top or on ground mechanical equipment shall be appropriately screened from view per City requirements. b.The proposed approximately 18-foot by 9-foot trash enclosure shall be constructed with building materials that are complementary to the principal building (school building) and fully screen all waste and recycling containers. RESOLUTION NO. C. There shall be no storage of school buses on the Subject Property, located at 6201 Noble Avenue North, except as required for the pickup and drop off of students, and as part of legitimate school activities. School buses shall not be stored overnight at the Subject Property. Landscaping: All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. a.The Applicant shall provide a revised landscape plan that will provide screening along parking areas (i.e. front parking lot along Noble Avenue North, main parking area, and bus driveway/parking) as part of any Building Permit/Land Disturbance (Alteration) approval. b.Per City requirements, an irrigation system is required. C. The contractor shall submit irrigation shop drawings for review and approval prior to installation. 7. Signage: Signage for the Subject Property is subject to the Chapter 34 (Sign Ordinance) and the approved special use permit provisions for the dynamic messages sign along Noble Avenue North. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2018-009, as submitted by Neal Thao of Noble Academy, requesting approval of a revised Site Plan to partially relocate a previously approved bus driveway for the property located at 6201 Noble Avenue North, along with other associated site improvements, is hereby approved subject to the conditions memorialized herein. June 25, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member April Graves introduced the following resolution and moved its adoption: RESOLUTION NO. 2018-94 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-005, SUBMITTED BY NEAL THAO OF NOBLE ACADEMY, REQUESTING SITE PLAN APPROVAL FOR A PARKING LOT AND DRIVEWAY EXPANSION (6201 NOBLE AVENUE NORTH) WHEREAS, Planning Commission Application No. 2018-005 was submitted by Neal Thao of Noble Academy requesting consideration of Site Plan approval for a proposed expansion of the parking lot and driveway areas for the subject property located at 6201 Noble Avenue North; and WHEREAS, on April 12, 2018, the Planning Commission received and reviewed a planning report and Assistant City Engineer's memorandum on the proposed Site Plan and improvements for the proposed parking lot and driveway expansion; and WHEREAS, in utilizing the guidelines and standards for evaluating site plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this Site Plan an appropriate and reasonable improvement to the subject property. WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota, hereby recommends to the City Council that the Site Plan for the proposed parking lot and driveway expansions, located at 6201 Noble Avenue North, and as comprehended under Planning Commission Application No. 2018-005, may be approved based on the following considerations: A.The Site Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; B.The improvements and utilization of the property as proposed under the planned improvements to this site is considered a reasonable use of the property and will conform with ordinance standards; C.The Site Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city as it is designated for a school use; D.The Site Plan proposal appears to be a good long range use of the existing site and the proposed parking lot and driveway expansion improvements can be considered an asset to the community; and B. Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site Plan, as contained in Section 35-230 (Plan RESOLUTION NO, 2018-94 Approval) of the City's Zoning Ordinance, are met and the site plan proposal is, therefore, in the best interest of the community. AND WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota, hereby further recommends the City Council approve Planning Commission Application No. 2018-005, subject to the following considerations and conditions: 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 Plan can only be made by an amendment to the approved Site Plan as approved by the City Council. Per a review of the submitted plans, staff is recommending that the following changes be incorporated as part of site plan approval and under the building permit process: i.The proposed bus-only driveway and driveway apron shall be relocated away from the property line and residential property to the north. ii.The proposed three (3) space hammerhead is to be removed. iii.The proposed one-way drop off along Noble Avenue North shall be re-directed and the angled parking spaces shall be changed accordingly. Should the three parking spaces proposed at the hammerhead be necessary, these spaces may be shifted to the angled parking along Noble Avenue North. iv.The bus-only driveway shall be re-configured and one 90- degree bus parking space removed in order to meet the minimum fire apparatus access road requirements of the City's Fire Code. 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/Land Disturbance (Alteration) Permit. 2. Agreements: a.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 permits. b.The Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which RESOLUTION NO. 2018-94 ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications and standards comprehended under this Site Plan. C. The Developer shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated April 4, 2018 (Exhibit D). a.A City 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. 4. Construction Standards: a.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b.The Applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. C. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 5. Facilities and Equipment: a.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view per City requirements. b.The proposed 20-foot by 13-foot trash enclosure shall be constructed with building materials that are complementary to the principal building (school building) and fully screen all waste and recycling containers. 6. Landscaping: All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. a.The Applicant shall provide a revised landscape plan that will provide screening along parking areas (i.e. front parking lot along Noble Avenue North, main parking area, and bus driveway/parking)as part of any Building Permit/Land Disturbance (Alteration) approval. b.Per City requirements, an irrigation system is required. RESOLUTION NO. 2018--94 C. The contractor shall submit irrigation shop drawings for review and approval prior to installation. 7 Signage: Signage for the Subject Property is subject to the Chapter 34 (Sign Ordinance) and the approved special use permit provisions for the dynamic messages sign along Noble Avenue North. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2018.005, as submitted by Neal Thao of Noble Academy, requesting approval of a Site Plan to expand upon the existing parking and driveway areas for the property located at 6201 Noble Avenue North, is hereby approved subject to the conditions memorialized herein. April 23, 2018 Date ATTEST: &bllj"V^A6i'FY Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Eann and upon vote being taken thereon, the following voted in favor thereof: Tku WiJJsn, kml Is I eersn, Mn Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CEER AT THEICENTER/7! \\N Planning Commission Report Meeting Date: June 14, 2018 • Application Filed: 05/18/2018 • Review Period (60-day) Deadline: 07/21/2018 • Extension Declared: N/A • Extended Review Period Deadline: N/A Application No. 2018-009 Applicant: Neal Thao (Noble Academy) Location: 6201 Noble Avenue North Request: Site Plan Approval for Driveway Expansion and Related Improvements (Revised) INTRODUCTION Neal Thao, Superintendent of the Noble Academy ("the Applicant"), is requesting the revised review and consideration of a site plan that was initially approved by Planning Commission on April 12, 2018, and by City Council on April 23, 2018. This re-submittal would revise the previously approved construction of a one-way, bus-only driveway with egress off Noble Avenue North and relocate its egress off 63 rd Avenue North. The Subject Property is the former site of the Odyssey Academy and Orchard Lane Elementary School and is located at 6201 Noble Avenue North. As part of this request, the Applicant also seeks to retain the existing circulation of the angled parking and drop-off area located along the front of the school. Under the previous approval in April, the Applicant would have been required to circulate traffic in the opposite direction in order to minimize the likelihood of traffic backups. This was due to the relative proximity of the existing drop-off area entrance and the then-proposed bus-only driveway egress. The Applicant still intends to expand the existing parking lot area per the site plans approved in April 2018 and has submitted a building permit application to the City for the construction of the expanded parking lot area, dry pond, trash enclosure, and the segment of bus-only driveway that will remain in the same location along the back of the school building (west elevation). Please refer to Exhibit A. This request is associated with the Applicant's plans to open Nompeng Academy in the fall of 2018. The school intends to serve students aged kindergarten through eighth grade and would operate as a Noble Academy School. The existing Noble Academy, located in Brooklyn Park, currently serves approximately 1,000 students, and has a waiting list of at least 200 students. This application would facilitate identified site improvements in advance of the proposed fall opening of the Noble Academy's second school site. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan: S-Schools Neighborhood: Kylawn Current Zoning: RI (One Family Residence) District Surrounding Zoning: North: Ri (One Family Residence) District App. No. 2018-009 PC 06/14/2018 Page 1 East: Ri (One Family Residence) District South: Airport Overlay District-City of Crystal (Crystal Mac Wildlife Area) West: Ri (One Family Residence) District Site Area: 13.39 acres (per submitted plans) BACKGROUND The Subject Property, located at 6201 Noble Avenue North, was constructed in 1965 as the Orchard Lane Elementary School. Orchard Lane was subsequently closed and the Odyssey Academy opened, where it remained for 19 years before closing last year (2017). The existing school building is approximately 54,800-square feet in size and one story in height. Pursuant to City Zoning Code Section 35-310, Subpart 2, "Public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota Department of Education" are allowed by special use permit in the Ri (One Family Residence) District. The City is unable to determine through historical records if the Property was ever approved with an original special use permit to operate the school. For all intents and purposes, the Subject Property has functioned as a school use since 1965. In 1993, Planning Commission Application No. 93-017 was reviewed and approved by the Planning Commission and City Council for a 2,800-square foot addition, interior remodeling and expansion, and an expansion to the parking area. As part of this Application, a special use permit was issued "ex post facto" for the school use (Exhibit B). Map 1. Existing Site configuration of Subject Property (6201 Noble Avenue N). SITE PLAN APPROVAL In anticipation of the school opening in fall 2018, the Applicant applied for and subsequently received approval for site plan improvements to expand the existing parking lot area and construct a one-way, bus-only driveway with egress off Noble Avenue North, along with other associated site improvements. Installation of the proposed bus driveway would have resulted in a total of three cuts along Noble App. NO. LUL-UU PC 06/14/2018 Page 2 IDE I L DU-I BOSOMY j I \ -t J I I 4 £5'i Avenue North. As a condition of approval, the existing angled parking and drop-off area along the front of the building would have also required re-circulation of the traffic pattern due to concerns relating to traffic backups in the mornings and afternoons and the proximity of the then-proposed bus driveway to the front drop-off area exit. Following approval of the as-proposed site plan improvements in April 2018, the Applicant determined that a bus egress off 63rd Avenue North would serve the school better and contacted City staff to request a revised review and approval for this alteration. Other than the relocation of the bus-only driveway, request to maintain the existing circulation along the existing angled parking and drop-off area along the front of the building, and addition of light poles along the bus driveway, all other aspects of the project and prior approvals in April are to remain substantially the same. For clarification, the Applicant has provided a revised site plan that indicates the requested removals, as initially proposed and approved in the April site plan approvals (denoted in red), and requested changes as part of this application (denoted in green) in Image 1 below: Image 1. Revised Site Plan-Nompeng Academy. In conversations with the Applicant and other school staff, it was identified that the school would likely have an anticipated maximum enrollment of between 350 and 530 students attending kindergarten through eighth grade. With this in mind, there would be an anticipated 40 to 50 teaching and other school staff on site. Access and Parking The Applicant intends to maintain the primary ingress and egress access to the school property via two existing curb cuts along Noble Avenue North. The existing northerly drive, located along the front of the school, allows for one way ingress and limited angled parking. The southerly, full access drive provides PC 06/14/2018 Page 3 on-site, 90-degree car parking. In total, there are currently 69 parking spaces on site. As proposed, an additional 41 regular parking spaces would be added to the site, along with 12 bus bays. A third curb cut is proposed for egress off 63rd Avenue North and would serve as a relief for buses from general traffic utilizing the existing egress off Noble Avenue North. This bus driveway would feature seven (7) parallel parking spaces for buses. An additional three (3) 90-degree parking spaces and two (2) parallel spaces along the south elevation of the school building are noted on the submitted plans as reserved for bus parking. The intent of the bus-only driveway and parking is safety-related and intended to provide direct access for students to and from the buses from the sidewalk behind the school, rather than requiring students to cross the parking lot. As part of the revised plans to run the proposed bus-only driveway straight north to 63 rd Avenue North rather than Noble Avenue North (as proposed in the April 2018 plan submittal), the Applicant would be seeking to install a gate that would remain closed between the times of morning drop-off and afternoon pick-ups by the school buses. Signage, in conformance with Chapter 34 (Sign Ordinance), would be utilized as well to notify drivers of the one-way traffic circulation and use of the driveway as a bus egress only. Upon the request of City staff, the Applicant did provide plans noting the proposed circulation of buses utilizing the bus driveway, as well as an updated traffic flow plan (Exhibit C). In addition, a memo was prepared by J. Kou yang of JB yang Construction and submitted to City staff outlining the proposed population of students utilizing bus transportation versus walking, biking, or utilizing parent transportation, as well as Nompeng Academy's estimated drop off and pick up schedules (Exhibit D). In a conversation with the Applicant and school staff, it was indicated that the existing Noble Academy in Brooklyn Park has 19 buses available for 1,000 students. As the Applicant estimates that nearly all students will rely on the school's bus service at the proposed Nompeng Academy, a minimum of eight to ten buses would be necessary to transport students. As proposed on the site plan, 12 bus parking spaces would be provided. The proposed bus access driveway would be located 25 feet from the property line shared with Unity Temple Church of God in Christ (4801 63 rd Avenue North), and approximately 97 feet from the residentiai properties located along Noble Avenue North. The bus-only driveway wouhi Provide minimum 20-foot wide driveway aisle, which is the minimum necessary for fire access roads under the Fire Code. The Applicant will need to adhere to the minimum off-street parking requirements under the City's Zoning Ordinance (Chapter 35). This includes conformance with the minimum width, depth, and drive aisle spacing requirements. In conducting a review of the parking requirements under Planning Commission Application No. 93-017, it was noted that, "there is no established parking formula for schools in the Zoning Ordinance and we have tended to look at the number of full time and part time employees as being a basis for determining adequate onsite parking." As it is estimated that a maximum of 40 to 50 staff would be located at the school, a minimum of 50 parking spaces would be necessary. As proposed, sufficient parking would be provided for staff given a proposed 110 parking spaces for cars and an additional 12 bus bays. The 2015 Minnesota Accessibility Code requires a minimum of five accessible parking spaces given a range of between 101 to 150 parking spaces. The proposed plans indicate that the minimum five spaces would be provided. App. No. 2018-009 PC 06/14/2018 Page 4 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, direct emergency access to riser/utility room, and minimum turn radius requirements for fire trucks. LIGHTING I TRASH I SCREENING Lighting The submitted photometric plan notes that all new luminaires will be LED with cutoff style lenses. 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. 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 0.45 foot candles on average, with a maximum less than one (1) foot candle noted along the property lines. As proposed, 13 wall-pack style fixtures would be installed around all four sides of the school building. Nine 33-foot high light poles would either be replaced or newly installed along the perimeter of the main parking lot and bus-only driveway. Trash As revised, the site would feature an approximately 18-foot by 9-foot trash enclosure and a six-foot high masonry wall. This enclosure would be located approximately 75 feet west of the school building, and across the proposed bus-only driveway. The City has normally viewed these areas as "accessory structures," which are permitted with a minimum required setback of three (3) feet from side and rear lot lines. Per City Code, trash containers are to be fully enclosed through use of fence or masonry type materials complementary to the principal building, and which effectively screen any dumpsters or recycling containers within. Screening The trash containers 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. Landscaping The project submittal includes a revised landscape plan; however, no planting schedule was provided. Although City Code does not have any specific requirements on landscaping types and species, the City has operated under and held new and redeveloped areas to complying with the City's adopted Landscape Point System Policy, which assigns points to a given site based on the acreage of a development. As "schools" are not specifically outlined as a use under the Landscape Point System Policy, staff reviewed the submitted plans to determine whether adequate screening would be provided for the parking areas. Per Section 35-711 (Parking Lot Screening), "such off-street parking and loading areas within any yards which abut along a street which is residentially zoned on the side opposite shall be screened from street view by a screening device as approved by the City Council." Per the staff report submitted with Planning Commission Application No. 93-017, the then-Applicant App. No. U1-M) PC 06/14/2018 Page 5 proposed incorporating 17 Globe Arborvitae and five American Dark Green Arborvitae to be interspersed between the existing Ash trees along the front of the school (facing Noble Avenue North) to provide screening for the parking. Additional plantings were placed in strategic locations to camouflage the parking areas. Based on a review of the submitted Landscape Plan, the Ash trees appear to still be in place, but no Arborvitae are noted on the plans. No landscaping is noted in front of the angled parking spaces along Noble Avenue North and there appear to be no trees or shrubs noted for screening in the main parking area. As proposed, 10 sea green junipers would be installed in strategic locations near the main parking lot and bus-only driveway. Given the residential character of the neighborhood, the Applicant shall work with City staff to revise the landscape plan and install trees or shrubs in front of the parking spaces along Noble Avenue North, along the bus-only driveway, and around the main parking areas. 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. The landscape plan, dated May 23, 2018, notes "underground irrigation to be provided." 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 June 11, 2018, attached hereto (Exhibit Q. It should be noted that some of the outlined conditions may be applicable at time of approval for future land disturbance or building permits. 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 is required. As referenced, the Applicant, as part of their review, provided a copy of their completed site Stormwater Management Plan for the original April submittal and updated it for the revised submittal. Given that the proposed parking lot expansion would encroach into an existing floodplain (Flood Zone A), an additional memo was provided to offer justification that the parking lot expansion would not have an impact on the iiooapiain. Per section s-ziuu i-iooapiain ivianagementj, permitted uses within tue General Floodplain District, which includes Flood Zone A, include both "residential lawns, gardens, parking areas and play areas," and "industrial-commercial loading areas, parking areas, and airport landing strips." FIRE INSPECTOR REVIEW The Applicant shall work to ensure all 2015 Minnesota Fire Code requirements have been met as part of any site plan approval. This includes, but is not limited to, the minimum turn radius necessary for emergency vehicle/fire truck access. SIGNAGE 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). As a note, the Subject Property received approval of a special use permit to install a dynamic messages sign (DMS) as a public use in the residential district per Section 35-140 (Permitted Signs). Any requests beyond the allowances identified in the Sign Ordinance and special use permit approval would App. NO, LU1ö-UU PC 06/14/2018 Page 6 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 recommend Approval of the revised site plan request to relocate the previously approved bus-only driveway from Noble Avenue North to 63 rd Avenue North along with other associate site improvements for the Subject Property located at 6201 Noble Avenue North; subject to the Applicant complying with the comments outlined in the Site Plan and Document Approval Conditions 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. 2018-009 for the Subject Property located at 6201 Noble Avenue North: 1. 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.Unless otherwise specifically noted, the site plan approvals adopted as part of City Council Resolution No. 2018-94 and under Planning Commission Application No. 2018-005 are still enforce. This includes, but is not limited to the expansion of the parking lot area and installation of a dry pond. Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site 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/Land Disturbance (Alteration) Permit. 2. Agreements: a.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. b.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 Plan. C. The Developer shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated June 11, 2018 (Exhibit E). a.A City 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 App. NO. LU1S-UU PC 06/14/2018 Page 7 City Engineer prior to the issuance of permits. 4. Construction Standards: a.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b.Unless otherwise determined, 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. 5. Facilities and Equipment: a.Any outside trash disposal facilities, roof top or on ground mechanical equipment shall be appropriately screened from view per City requirements. b.The proposed approximately 18-foot by 9-foot trash enclosure shall be constructed with building materials that are complementary to the principal building (school building) and fully screen all waste and recycling containers. 6. Landscaping: All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. a.The Applicant shall provide a revised landscape plan that will provide screening along parking areas (i.e. front parking lot along Noble Avenue North, main parking area, and bus driveway/parking) as part of any Building Permit /Land Disturbance (Alteration) approval. b.Per City requirements, an irrigation system is required. C. The contractor shall submit irrigation shop drawings for review and approval prior to installation. 7. Signage: Signage for the Subject Property is subject to the Chapter 34 (Sign Ordinance) and the approved special use permit provisions for the dynamic messages sign along Noble Avenue North. RECOMMENDATION Based on the above noted findings1 staff recommends the Planning Commission recommends: The Planning Commission recommends approval to the City Council of the as proposed revised site plan for the Subject Property located at 6201 Noble Avenue North (Subject Property), subject to the Owner/Applicant 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 resolution attached as Exhibit F. App. No. 2U1-UU9 PC 06/14/2018 Page 8 Attachments Exhibit A- Civil Set Plans for the Noble Academy Parking Expansion, prepared by the Gregory Group, Inc., last revised May 23, 2018. Exhibit B- Planning Commission Application No. 93-017 and staff report, dated December 9, 1993. Exhibit C- Traffic Flow and Bus Circulation Plans, prepared by the Gregory Group, Inc., dated June 11, 2018. Exhibit D- Memo, prepared by J. Kou yang (JB yang Construction), dated June 10, 2018. Exhibit E- Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated June 11, 2018. Exhibit F- Draft Resolution for Nompeng Academy Site Plan. App. No. 2018-009 PC 06/14/2018 Page 9 Exhibit - r 0E-SEb2Ql !.&r a7357rdd_fldO -. o H om0 -; -----: I! 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I'.1 1± 0 H .- I J1. \ c Z.I YI. 1 ri II / L L // z 015TAVENUE 0 MORTH .1- I::z Drawn By: Dan Budke wra crratr Noble / Nompeng Academy chnckndBv Viking Electric Supply Parking Expansion F: Exhibit B CITY OF BROOKLYN CENTER Council Meeting Date 12-20-93 Agenda Item Numbers b REQUEST FOR COUNCIL CONSIDERATION S ITEM DESCRIPTION: Planning Commission Application No. 93017 - Independent School District No. 279 ************************************************************************************** *** DEPT. PROVAL: MANAGER'S REVIEW/RECOMMENDATION No comments to supplement this report .Comments below/attached SUMMARY EXPLANATION: (supplemental sheets attached) I Planning Commission Application No. 93017 submitted by Independent School District No, 279 is a request for site and building plan and special use permit approval for a 2,800 square foot addition to the Orchard Lane Elementary school which is located at 6201 Noble Avenue North. This application was considered by the Planning Commission at its December 9, 1993 meeting. Attached are minutes and information sheets from that meeting, a map showing the area and various plans related to the proposed addition. Recommendation This application was recommended for approval by the Planning Commission at its December 9, 1993 meeting subject to twelve conditions of approval. LI Voting in favor: Chair Pro Tern Holmes, Commissioners Hilstrom, Johnson, Mickelson, Rm and Wilson. Voting against: none. The motion passed. There was a brief recess called at 8:30 and the Planning Commission reconvened at 8:46. APP LICATION NO. 93f)17 (INDEPENDENT SCHOOL DISTRICT NO, 279 Chair Pro Tern Holmes introduced the next item of business, a request from IndependentSchool District No, 279 for site and building plan and special use permit approval for a 2,800 square foot addition to Orchard Lane Elementary School 1ocatd at 6201 Noble AvenueNod, The Secretary reviewed the contents of the stag report (see Planning Commission information Sheet for Application No, 93017, attached) and offrod to answer any questions. Mr. Hamilton and Mr. Hayes also returned to answer questions. Corn missioner Willson asked where the elevator was to be and how much of it will stick upon the roof, Mr. Hayes showed the location of the elevator and explained two feet of the equipment would he visible on the roof, but adequate screening would be provided. Commissioner Holmes asked about asbestos and was told by Mr. Hamilton any asbestos dlsturhd would he handled with routine proper abatement. ANIL,NIf, Hayes explained Orchard Lane is the only two story elementary school in District 279 and these changes to the school are needed to provide for updated handicap access and to meet NFFA standards. Commissioner Holmes asked who owns the neighboring property where the pond would go. The Secretary responded it is the Brook Park Baptist Church. He noted the Church and other property in this area would benefit from the addition of the pond as well as the school, Mn Hayes pointed out some extra landscaping on the site plan that seemed unnecessary to rneC! requlrements. He suggested that particular part of the plan be eliminated and money divercd to meeting the conditions forthcoming from the Brooklyn Boulevard study as mertioned in Planning Commission Application 93016. The Commission agreed that was cceptahle and asked Mr. Hayes to submit a revised plan. Cori missioner Mickelson suggested the same changes to conditions in Application 93016 be made to Application 93017. PU B LIC UAIN3 (APPLICATION NO 93017) Chair Fro Tern Holmes opened the meeting for the purpose of a public hearing on request for site and building plan and special use permit approval for a 2,800 square foot addition to Orchard Lane Elementary School located at 6201 Noble Avenue North at 9:02 p.m. He 12.;-93 nquircd if there was anyone present who wished to address the Commission, no oneappercd to speak, and he entertained a motion to close the public hearing, C LOSE PUBUCHEARINQ Thr wa a mcaiun by Commissioner Mickelson and secondcd by Commissioner J-Iilstroznto close the public hearing at 9:02 p.m. The motion passed unanimously. I1QNRECOMMEND1NG APPROVAL OF APPLICATION NO. 9017(INDEPENDENT SCHOOL DI S TRICT NQ, 279) There was a motion by Commissioner Mickelson and seconded by Commissioner Willsonto rccomniend approval of Application No. 93017 submitted by Independent School DistrictNo. 279 for site and building plan and special use permit approval for a 2,80() square foot addition to Orchard Lanc Elementary School located at 6201 Noble Avenue North subjectto the following conditions: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2.Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3.A Site Performance Agreement shall be submitted prior to the issuance of permitsto assure corripletion of approved site improvements, 4.Any outside trash disposal facilities and rooftop mechanical equipment shall beappropriately screened from view. The trash enclosure shall Contain an opaque woodgate attached to a metal frame rather than a chain link gate with slats. 5.The building is to he equipped with an automatic fire extinguishing system to meetNFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 6. Plan approval is exclusive of all signory which is subject to Chapter 34 of the CityOrdinances. 612 curb and gutter around all parking and driving areas shall be deferred until theparking iot tacilities at the school are upgraded based upon the school district's planfor scheduled improvements, which shall he accomplished within the next ten years. The applicant shall submit an as-built survey of the property, improvements and service lines, prior to the release of the Performance Agreement. 9. The property owner shall enter into an easement and agreement for maintenance and inpcccion of utility and storm drainage systems, prior to the issuance of permits. 2, 9 - Y3 6 10.The storm drainage system shall be approved by and be in compliance with AllkqP conditionstictby the Shingle Creek Watershed Management Commission prior to the issuance of permits for this project. 11.Ponding areas required as part of the storm drainage plan shall be protected by anapproved easenlejit. The easement documents shall he executed and filed with Hennepin County prior to the issuance of permits. 12. The landscape plan shall be revised to eliminate extra landscaping so that funds willhe dlvertd to providing additional landscaping along Brooklyn Boulevard at theGarden City Elementary School Site, Voring in favor: Chair Pro Tern Holmes, Commissioners Hilstrom, Johnson, Mickelson,Rcei-n and Willson. Voting against: none. The motion passed. UTI-IFR BUSINESS &lO94Pjannjn Commission Meetig Shcdu1e The Secretary suhmilWd a proposed schedule for Planning Commission meetings in 1094 Widexplained it was a guideline to go by but changes could he made if necessary. AllCom necessarymissioners agreed the schedule would work well as a guideline, and no action was•The Secretary gave a brief and informal update on the status of projects that had formerly been before the Planning Commission. IDJOURNMENT Motion by Commissioner Mickelson and seconded by Commissioner Hi!trom to adjourn the meeting of the Planning Commission, The motion passed unanimously. The Planning Commission adjourned at 9:30 p.m. Chairperson Recorded and transcribed by: Kath $ratton TinieSaver Oft' Site Secretarial S l?.-9.'3 7 PLANNING COMMISSION INFORMATION SHEET Application No: 93017 Applicant: Independent School District No. 279 (Osseo Area Schools) Location: 6201 Noble Avenue North Request: Site and Building Plan/Special Use Permit Independent School District No. 279, Osseo Area Schools, is requesting site and building plan and special use permit approval to construct a 2,800 square foot addition to the existing 52,000 square foot Orchard Lane Elementary School, which is located at 6201 Noble Avenue North. The proposed addition, which is to be located at the north side of the building, includes a vocal music room, instrumental music room, small group room and four offices. The project also includes remodeling and expansion of the administration areas, an elevator, and a new fire sprinkler and fire alarm system throughout the school building. A trash enclosure will also be constructed. The school property is located in an R-1 (single family residence) zoning district and is bounded on the north by 63rd Avenue North and single family homes; on the east by Noble Avenue North with single family homes on the opposite side of Noble Avenue; on the south side by the Brooklyn Center/Crystal boundary line with the Environmental Preserve further to the south; and on the west by Perry Avenue North, single family homes, and the Brook Park Baptist Church.. Public and private elementary and secondary schools are listed as special uses in the R-1 zoning district. ACCESS/PARKING Access to the school property is gained only from Noble Avenue via two curb cuts. The northerly access is angled to allow for one way access to a drop off and limited angled parking area. The southerly access is a 90 degree access leading to a driving and parking area to the south of the school building. This access also links up with the one way drive lane and serves as the exit for that traffic as well. These areas, including the drive ways, drive lanes and angled parking are bound by curb and gutter. Currently there are 44 on site parking spaces, all but ei g ht of which are located along the south side of the school. The proposed plan calls for 60 on site parking spaces, three of which will be handicapped spaces. Ten new parking spaces will be added to the west end of the existing parking lot. Other spaces will be gained by restriping the parking lot. This should provide enough on site parking to eliminate the parking which is being done on a regular basis along Noble Avenue. The applicant has indicated that there are 54 licensed and non-licensed staff personnel that work out of Orchard Lane School. There is no established parking formula for schools in the zoning ordinance and we have tended to look at the number of full time and part time employees as being a basis for determining adequate on site parking. This number appears to provide enough parking for staff and visitors on a regular day to day basis. Special events at the school may occasionally require some on street parking, which is expected and understood. Planning Commission Application No. 93017 LANDSCAPING The proposed landscape plan calls for some additional landscaping on the east side of the school, to the north of the new addition and some clustering of landscaping along the west property line, northwesterly of the school. Also, two Swamp White Oak are planned for south of the parking lot between the ball fields and the play area. The school currently has a number of mature Ash trees located evenly along the Noble Avenue green strip as well as mature Butternut trees located close to the school. City Ordinances require screening of parking areas containing more than six parking spaces from abutting residential areas, including residential areas that are across the street from such parking lots. In order to comply with this requirement the school district is proposing additional landscaping consisting of 17 Globe Aborvitae and five American Dark Green Arborvitae to be interspersed between the existing Ash trees to provide landscape screening of the angled parking area along Noble Avenue. In addition, four Snowdrift Crabapples are proposed around the south entrance/exit. Two more Snowdrift Crabapples are proposed one on either side of the north entrance. Perimeter plantings of Globe Arborvitae and American Dark Green Arborvitae are proposed for around the new addition. Two Black Hills Spruce and a Yellow Dogwood are proposed by the southwest corner of the neighboring single family home to the north, while two Scotch Pine and a Yellow Dogwood are scheduled for the southeast corner. Along the westerly side of the school property, to the northwest of the school, are various groupings of plantings containing Black Hills Spruce, Scotch Pines, Snowdrift Crabapples and Yellow Dogwoods. The landscape point system does not address schools. However, the proposed new landscaping coupled with existing landscaping including that found to the south of the site by the existing wetland appears to be more than adequate for this site. GRADING/DRAINAGE/UTILITIES Because the Orchard Lane Elementary School site is over five acres (1,3+ acres) review and approval by the Shingle Creek Watershed Management Commission is required pertaining to the quality and rate of site drainage. A storm water detention pond is proposed for west and a little north of the expanded parking area. Watershed Management Commission approval of this proposal is required. Currently the parking and playground area, south and westerly of the school, is not bound by curb and gutter. The applicant proposes bituminous curb at the edge of the expanded parking lot. We have advised the applicant of the City's requirement for a minimum B612 curb and gutter around all driving and parking areas. As with the Garden City School proposal, Mr. Dale Hamilton, on behalf of the school district, is requesting that the school district be allowed to defer the required curb and gutter improvements at this time until the Orchard Lane parking facility is upgraded on a schedule along with the program proposed for all Independent School District No. 279 schools. Again, this seems like a fair means of accomplishing compliance with current ordinance regulations. We would recommend that these improvements be deferred until that time. 12-9-93 2 Planning Commission Application No. 93017 BUILDING The exterior treatment of the building addition will be a face brick with prefinished metal flashing along the top of the building to match the existing exterior. Wood screening of rooftop mechanical equipment is also proposed. The trash enclosure located along the west side of the building, on the north side of the parking lot, should be of the same face brick with a prefinished metal flashing to match the existing exterior treatment. We also recommend that an opaque wood gate, attached to a metal frame be used for better screening. The location of the building addition along the north side of the existing school building will displace a current play area. This area will be shifted to be located to the west of the new addition and appropriate play equipment will be added. SPECIAL USE PERMIT STANDARDS We believe the proposed improvements to Orchard Lane Elementary School meet the standards for Special Use Permits contained in Section 35-220 Subdivision 2 of the City's zoning ordinance. The addition of the vocal and instrument music rooms as well as the remodeling and expansion, plus an elevator and a new fire sprinkler and fire alarm system, we believe, will enhance the public welfare. It certainly will not be injurious to other property in the neighborhood nor impede normal and orderly development. In fact, the additional screening should be of benefit to homes located across Noble Avenue. The expanded parking lot should • reduce, if not eliminate, the regular on street parking which has been occurring for some time. These improvements, therefore, seem consistent with the Special Use Permit standards. A public hearing has been scheduled and notices have been sent. RECOMMENDATION Altogether the plans are generally in order and approval is recommended subject, at least, to the following conditions: Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2.Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3.A Site Performance Agreement shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. • 12-9-93 3 Planning Commission Application No. 93017 5.The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter Five of the City Ordinances. 6.Plan approval is exclusive of all signary, which is subject to Chapter 34 of the City Ordinances. 7.B612 curb and gutter may be deferred, but shall be provided at the time parking lot improvements are made to Orchard Lane Elementary School within the next ten years. 8.The applicant shall submit an as built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 9.The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 10.The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 11. Ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and file with Hennepin County prior to the issuance of permits. rl AML 12-9-93 4 /7 4?11}7I ' (iU !IIP I MYi/_L1 L1 .1 NMIi1.TiHt1 'S-z ! I i n 10! I f /L1iI,f at -:1155-A\\\ Mi1Th1t 11 I*i III ®€J tJ®@® •1 H I: kti II"11 4fl I) f / / _5_5/ •. ? ,/ /1 J //__I /5;;17j / At TTP I 'l __'2 I -.IS E Al— Pu c IL) il! t 0 IIIh CI ••C : - : •i;.L".: pq ISM. 21g"1i F L I fill • 1 62A ------- - -----1 i • :: — r I /IIi I '41 / I 1JTFj rt. 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Kou yang RE: Nompeng Academy—Traffic Summary 6201 Noble Avenue North, Brooklyn Center, MN Dear Ms. Mcintosh; Please accept this as a formal response to the questions that was communicated to us concerning the site improvement plans for Nompeng Academy. This response is summarized byi. Kou yang of JB yang on behalf of Mr. Neal Thao, Superintendent of Nompeng Academy. Mr. Thao is on vacation in Europe and can not respond directly, but I have been in contact with Mr. Thao and the following responses are approved by him. Attached to this summary, you will find Superintendent Thao's email. Exit to 63rd: This egress onto 63rd Avenue North, will be for exit only during morning drop off and afternoon pick up. During the rest of the day, the access will be gated and shut. Signage will be provided to alert all drivers that this is an EXIT ONLY curb cut. Parent & Bus Traffic: Nompeng Academy is projecting that full enrollment for the site will be between 530-550 students from grades Kindergarten to 8th grade. Current enrollment data indicates that about 98% of all students will be utilizing bus services provided by the school with the remaining 2% walking, biking or utilizing parent transportation. With this information, we anticipate that there will be between 10-12 buses providing transportation for the Students. Current revised site plan shows that the site can stack 12 buses within the school grounds. Nompeng Academy will not be stacking any buses on the street for drop off or pick up. The 2% of the students that will be walking, biking or being drop off will result is between 7-11 cars. The drop off and pickup area is in front of the school and should accommodate the number of vehicles. Nompeng Academy's current schedule is as follows: o Morning Drop Off: 8:30am - 8:45am • Afternoon Pick Up: 4:00pm-4:20pm Please review this and let me know if you have any questions. You can contact me at 651.491.1970 (M) or ikvang@ebvang.com . Sincerely J. Kou yang President 1. General Contractor Construction Managers JB yang Construction, LLC I 1335 Pierce Butler Route I St. Paul, MN 55104 M: 651.645.5500 F: 651.645.3907 1 www.jbvang.com J. l(ou yang - From: Neal Thao <npthaonobteacademy.us> Sent: Friday, June 8, 2018 1:43 PM To: Mai Via Chang Cc: J. Kou yang Subject: Nompeng Academy Projected full enrollment: 530-550 How many are bus: 98 percent How many are parents drop off: 2 percent How many buses: approximately 10-12 buses Morning drop off: 8:30 to 8:45 am Afternoon pickup: 4:00 pin Neal P. Thao Superintendent 9477 Decatur Drive North Brooklyn Park, MN 55445 (763) 592-7706 Main office (763) 350-6142 Cell (763) 592-7707 Fax npthao@nobleacademy.us Please do not forward the above email without permission from the author. It was not written for distribution beyond the intended reader. Thank you. On Jun 8, 2018, at 12:36 PM, Mai Via Chang <mchang@nobleacademy.us > wrote: Suot. 1: Answer. Dr. Mai Via Chang-Schwantes Deputy Superintendent of Academics 9477 Decatur Drive North Brooklyn Park, MN 55445 (763) 592-7706 Main office (763) 688-1124 Cell (763) 592-7707 Fax mchang@nobleacademy.us On Jun 8, 2018, at 12:10 PM, J. l<ou yang <jkvang@jbvanr.com > wrote: 1 Per our call this is what I need: current number of student How many are bus How many are parent drop.off How many buses Projected student at full enrollment How many are bus How many are parent drop off How many buses Morning drop off time Afternoon pickup time Thank you J. Kou yang President JBVang 1335 Pierce Butler Route St. Paul, MN 55104 This email is sent from my mobile phone. Please excuse any typographical or grammatical errors. Exhibit E MEMORANDUM DATE: June 11, 2018 TO: Ginny McIntosh, Planning/Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Land Alteration Permit - Noble/Nompeng Academy Public Works Department staff reviewed the following documents submitted for review on May 18, 2018 for a Site Plan Review of Noble/Nompeng Academy. These plans are associated with site plans initially submitted for review at the Planning Commission meeting on April 12th, 2018, and City Council meeting on April 23rd, 2018. The below memo reviews a requested revision to the recently approved plans that would relocate the installation of a one-way, bus-only driveway from Noble Avenue North to 63rd Avenue North. Other revisions include a request to allow the circulation of the existing angled parking and drop-off area along the front of the school to remain, as the original approval would have required the traffic flow to be re-directed. Unless otherwise noted below or within the subsequent approval conditions, all other conditions of approval, as outlined in City Council Resolution No. 2018-94, apply: Civil Site Plans dated May 30, 2018 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and the approved Site Plan Review, dated April 4, 2018: C2 & C3 - Detail Sheet Use City details for B618 curb and commercial driveway entrance within the ROW. C5 - Site Plan 2.Provide turning movements for bus, turning on to 63rd Ave from proposed entrance. 3. Show street striping in 63' Ave. 4.All City streets are 13618. C8 - Utililv Plan 5.Remove and replace storm structure casting, collar, rings, and Infi-Shield per City detail. 6.Sawcut bituminous pavement near lane line for driveway access onto 63rd Ave. 7.Use City detail for water valve in Noble Ave. 8. Match existing bituminous pavement section in 63' Ave. The City owned storm sewer may be PVC, if cover meets line MN Dot specs for cover over a PVC pipe. Noble Academy, Page 2 of 3 Land Alteration Review Memo - June 11, 2018 10.Review OS structure. Rim is several feet above grade, ensure numbers are correct. Miscellaneous 11.See redlines for additional Site Plan comments. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. 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II ' •'.05555 .'I 0°.Jjco0S$- —I,- _0i'-S C I - -'T. 11 •- - Cr / \ ///// \ I '1 z01 C-) Ill Neal Thao (Noble Academy) | Nompeng Academy REQUEST: (1)Revised Site Plan Item 9.a City Council Meeting of 06/25/2018 Background & Request Applicantisrequestingapprovalof:  (1)arevisedSitePlantoallowfortherelocationofaportionofbus-  onlydrivewayfromtheoriginallyapprovedegressoffNobleAvenue Northto63AvenueNorth,alongwithotherassociatedsite rd improvements Theoriginallysubmittedsiteplanandapplicationreceivedapproval  fromPCandCCinApril2018underPCApplicationNo.2018-005 ThisrequestisassociatedwithApplicant’splanstoopenNompeng  Academyinthefallof2018 ThesiteisthelocationoftheformerOdysseySchoolwhich  closedin2017after19years Schoolwouldservestudentsagedkindergartenthrougheighth  grade NompengAcademywouldbethesecondNobleAcademy  SchooltoopenandwouldbesponsoredbytheAudubon CenteroftheNorthWoods ExistingNobleAcademy(BrooklynPark)has1,000  studentsandawaitinglistfor200+students Existingschoolwasconstructedin1965astheOrchardLaneElementary  School Schoolisapproximately54,800-squarefeetinsizeandonestoryinheight  Source: Google Maps Background & Request (Cont.) PerSection35-310,  Publicandprivateelementaryandsecondaryschoolsareallowedby  specialusepermitintheR1(OneFamilyResidence)District. TheCitywasunabletodeterminethroughhistoricalrecordsif  propertywaseveroriginallyapprovedwithaspecialusepermitto operateaschool. In1993,PCApplicationNo.93-017wasreviewedandapproved  forasmalladditiontotheschool,aswellasanexpansiontothe parkingarea.Aspartoftheapplication,aspecialusepermitwas issued“expostfacto”fortheschooluse. PerSection35-230,thePlanApprovalprocessisrequired“before  commencingtheconstructionormajoralterationofastructure,except oneandtwofamilydwellingsandbuildingsaccessorythereto…Plan approvalmayberequiredinconjunctionwithspecialusepermit consideration.” Thisrequestcontainsnorequeststoconstructoralterany  structures,andthereforewouldonlytypicallyrequireadministrative issuanceofaLandAlterationPermitthroughtheCity.However,due totheproposedsitedisturbance(e.g.,parkinglot,drypond, proposeddriveway),andgiventhatthereisanapprovedsiteplanon filefrom1993,CityStaffconferredwiththeCityAttorneyand determinedthatCityStaffcouldrequestthattheApplicantformally submittheirapplicationforreviewbyPlanningCommissionandCity Council. Source: Hennepin County Access and Parking Access ExistingaccesspointsoffNobleAvenueNorthwouldremain  Athirdcurbcutwouldberelocatedfromtheoriginally  approvedlocationoffNobleAvenueNorthto63Avenue rd North Additionofbus-onlydrivewaywillallowstudentsdirect  accesstobusfrombackofschool,ratherthancrossing parkinglot. Parking Remove/Change Note:Thereisnoestablishedparkingformulaforschoolsunderthe Area Under Consideration CityZoningOrdinance. Current:69parkingspaces  New:41newparkingspaces+12busbays(53newspaces)  Assumingamaxstudentpopulationof530studentsand100%  bustransportation,aminimumof8-10busspaceswouldbe needed Existingfrontdrop-off/loadingareaalongfrontofbuilding  (NobleAvenueNorth)wouldallowformaximumof6-7 busesatatime,assuming50footlongspacing. ApplicantisprovidingsufficientADAparkingper2015Minnesota  AccessibilityCoderequirements(5spacesforbetween101-150 parkingspaces) Lighting | Trash | Screening Lighting  Photometric Plan: Complies with maximum foot candles  allowed along residential properties (overall lighting is at 0.45 fc on average) Lighting Fixture Count (22):  NEW: 13 wall-pack style lights on all four sides of  = light pole school NEW or REPLACED: 9 33-foot high light poles along  perimeter of main parking lot and bus driveway Per City Code, lighting is to be down-cast, with cut-off style  fixtures. The proposed lighting would be LED with cutoff lenses. Trash and Screening  Approximately 18-foot by 9-foot trash enclosure—to be  located approximately 75 feet west of school building Trash enclosure, and any other ground mounted/roof  equipment is to be fully screened with materials complementary to building Landscaping ALandscapePlanwassubmitted,however,noplantingschedulewasprovided.  TheCityhasnospecificrequirementsonlandscapingtypesandspecies—operatesunderuseofLandscapePointSystemPolicy  Schoolsarenotspecificallyoutlinedasa“use”undertheLandscapePointSystemPolicy  StaffreviewedwhetheradequatescreeningwouldbeprovidedfortheparkingareasperSection35-711(ParkingLotScreening),  whichnotesthat, “suchoff-streetparkingandloadingareaswithinanyyardswhichabutalongastreetwhichisresidentiallyzonedontheside  oppositeshallbescreenedfromstreetviewbyascreeningdeviceasapprovedbytheCityCouncil.” Anirrigationsystemisrequired—perLandscapePlan,“undergroundirrigationisprovided.”  Staff Requests Installation of • screening trees or shrubs along parking area facing Noble Avenue North, bus-only driveway, and main parking area Staff Reviews AssistantCityEngineer  ApplicantshallcomplywiththecommentsandconditionsasnotedinthememorandumdatedJune11,2018(ExhibitE).  Asreferenced,theApplicant,aspartoftheirreview,providedacopyoftheircompletedsiteStormwaterManagementPlan  (ExhibitE). Astheproposedparkinglotexpansionwouldencroachintoanexistingfloodplain(FloodZoneA),anadditionalmemowas  providedtoofferjustificationthattheparkinglotexpansionwouldnothaveanimpactonthefloodplain. PerSection35-2100(FloodplainManagement),permitteduseswithintheGeneralFloodplainDistrict,whichincludes  FloodZoneA,includeboth“residentiallawns,gardens,parkingareas,andplayareas,”and“industrial-commercialloading areas,parkingareas,andairportlandingstrips.” PertheAssistantCityEngineer,  “Thewaterqualityimprovementstothesiteat6201NobleAveNorthmeetandfulfillthestormwaterrequirementsper theShingleCreekWatershedManagementCommission’srules.Siterunoffiscapturedon-siteandtreatedeitherinthebio- swaleorthedrypondandfromthereitdrainsoffsitefollowingexistingdrainagepatterns.” FireInspector  The Applicant shall work to ensure all 2015 Minnesota Fire Code requirements have been met as part of any site plan approval.This  includes, but is not limited to, the minimum turn radius necessary for emergency vehicle/fire truck access. Per Fire Inspector, there is currently one fire hydrant located in proximity to the site—it is located on the east side of NobleAvenue  North. NOTE: The Applicant shall work with the Fire Inspector and Building Official to ensure all aspects of the site meet Fire Code and Building Code requirements. Comments | Meetings with Residents June14,2018:PlanningCommissionMeeting  FourresidentsfromPerryAvenueNorthattendedthePlanningCommissionmeetingonJune14,2018.  Concernsandquestionswereraisedregardingtheproject,includingtheadditionoflightingalongtherevisedbusdriveway  locationsthatwouldrunnorthto63AvenueNorth,andthepotentialstorageofbusesattheSubjectPropertyovernightandfor rd reasonsotherthanpick-ups,drop-offs,oraspartofschoolactivities. Additionalconcernswerevoicesregardingtheremovalofthepedestriansidewalkrunningwesttoeast(PerryAvenueNorthto  theparkinglotoftheSubjectProperty),whichistobereplaced,theexpansionoftheparkinglot,andthe“boulders”currently locatednearwherethebasketballcourtusedtobe. Followingthesediscussions,thePlanningCommissionunanimously(6-0)recommendedapprovalofthepartiallyrevisedsite  plansforPlanningCommissionApplicationNo.2018-009,subjecttoanamendmenttoincorporateanadditionalconditionsthat wouldprohibittheovernightstorageofschoolbuses,andforotherreasonsthanthepick-upanddrop-offofstudents,orfor schoolactivities. AdditionalrequestsweremadebytheCommissionerstohavetheApplicantworkwithstafftoidentifywhetherthelightpoles  alongthebusdrivewaycouldbeplacedonatimer. June22,2018:On-SiteMeetingwithResidents  AssistantCityEngineerAndrewHoggwascontactedbyoneofthePerryAvenueNorthresidentsandaskedtomeetsomeofthe  PerryAvenueResidentson-siteatNompengAcademyonFriday,June22. Topicsofconversationincludedtheproposedsiteimprovementsandconcernsrelatingtotheproposedbus-onlydrivewayalong  thebackoftheschool,lighting,landscaping,andthecommunitygarden. Residentsfeltthatabus-onlydrivewaywasnotnecessary,asonehasneverbeenneededbefore,andthatitwouldnegatively  impacttheneighborhoodandpropertyvalues. ResidentsrequestedthatCouncilmembersvisitthesitebeforemakingadecisionontherequestedpartialrevisiontothe  previouslyapprovedsiteplansforNompengAcademy. Recommendation BasedontheaforementionedfindingsthePlanningCommissionrecommendsCityCounciladopttheresolutionregarding therecommendeddispositionofPlanningApplicationNo.2018-009submittedbyNealThao(NobleAcademy)forthe approvalof: 1.Arevisedsiteplantopartiallyrelocatethepreviouslyapprovedbus-onlydrivewayfromNobleAvenue Northto63 rd AvenueNorth,maintaintheexistingcirculationalongthefrontangledparkinganddrop-off area,andotherassociatedsiteimprovementsatthepropertylocatedat6201NobleAvenueNorth. ApprovaloftherequestissubjecttotheApplicantcomplyingwiththeconditionsofapprovalasoutlined  intheCityCouncilresolution. Unlessotherwisenoted,allotherapprovalsundertheapprovalofPlanningCommissionApplicationNo.2018-005are  stillenforce. Example Photos | Landscaping (Noble-BP) City Council Agenda Item No. lOa City Crnci1 Agenda Item No. 1a #1 COUNCIL ITEM DATE: June 25, 2018 TO: Curt Boganey, City Manager THROUGH: Meg Beekman, Community Dev Dr. Regin irds beputy Cit\ per FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 7240 West River Rd Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 7240 West River Rd. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is 1 building, 7 unit, multi-family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on fifty-five (55) property code violations (7.9/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 9/30/2018: 02-20-2018 The Owner, Nedzad Ceric, applied for renewal of the rental dwelling license for 7240 West River Rd, a single family dwelling. 03-15-2018 An initial rental license inspection was conducted and failed. 55 property code violations were cited, see attached rental criteria. Mission: Ens-ring an attractive, clean, soft, inclusive conununity that enhances the quality , of life for all people and preserves the public trust [I)JJOJ I N I I k'iIhYA I k'A(I] 1I I1BA' I 03-31-2018 The previous rental license expired. 04-23-2018 A second rental inspection was conducted and failed. A $400 re-inspection fee was charged to the property. 05-29-2018 A third rental inspection was conducted and failed. Corrections made, but re- inspection fees are still due. 05-30-2018 The $400 re-inspection fee was paid and passed. 05-30-2018 A Mitigation Plan was submitted. 06-11-2018 The Mitigation Plan was finalized. 06-18-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 06-18-2018 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. 06-18-2018 A letter was sent to the owner notifying that the hearing before the Council will be held June 25, 2018. If approved, after six months, a new rental license is required. The license process will begin approximately immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an 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 opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation pian. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification Mission: Ensuring an attractive, clean, sqfi?, inclusive conununify that enhances the quality of life for all people and preserves the pUbIIC trust 'i1uJ(iJ I • I I U I DbTA ci) piiJj 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 CategoryNumber of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units Greater than 8 3± units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51 8B.0 1, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes Missioi,: Ensuring an attractive, clean, sqfe, inclusive connnunit' that enhances the quality of life for all people and preserves tile public trust [EWJhSJ I RI U Ik"A U'A I A [I) I1SJk I (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 community that enhances the qualnv of life for all people and preserves the public trust L..1±_iiI1E 1iiiiJ L'611 Padrq FIL CENTER Em * Ht 4t4YU nfl Iioriiiri J fl Basid on to 13W tu"rbef c( p çerj c1e 3;rc tri dr; thu fib ill inclin vbi th:u rnce int, ex'.rolur propit1y Is nqiirud to submit an Action (Type III) or MRigton Plan (Type IV), In crdr to nnrc lrrcP1 co iet 0 tie Icno apptbzn osi, j Ptai rrst bu wrPWCd rrid bmflnt1 fc The Plai tr:i Phaw I, 11, ;!rd Il at Lh C4re Free I41j Prorrn, It ato inclutik.3 sue at n'us t? on to rru tng,'g corcyc t C. Ocdrr ri 8p ft14a MON,A tenti :iru Plan etc to owor rc te C(y to w.v orxn dr(y ;b sdion trçw#t oI iiofi c px)pcty U a Ptwi is ri u rtIe aox EI ams an nut ci pei Min tre Icee Cr tJ'e 8b propely cj'orato beycnd We u;th1t:n itu, ai cbn fcn—I carniq. u rev may rw4t fçjuIjard be sure to oI!9wjn1utic4 harIoyuL t1Wfl1MOt !!pproved. Em Riw Gn,j at Cilu.-CoruinLy Doeikormil crcj 60 Shi' Crk Prniy Centj, M' 43O-2i Ftu {763 563I TTY 711 F. -3D kIiPtv\ R4 t.18 Cit. Of fl-iip C=C4Ym.ny *A1t 6301 Shr rck Prcy. oovii Ctiit, MN 55O2i99 Pt4ie: Th3 563333O flY: 711 Fat. (763) 3D pRoPiiTv Aoortss Sd1rs ACrmt! F,t* Housing Pgaa R nnfs (o*ttnud) Phe lU &R.M W*4Ing RequIrment [J 1) Ovr ns1c t rnrrrLrr t t2) AftM, The kRI& m4*tlngs nwt be comp l eted w ithin tho rent a l 1icno period and bfor* tho Licen s e expiration date 110 (oming actio ns are required for Vulfl ^Fvnity prpertki w i th tour (4) oi more unite. 1) crno rnt tijcrc. 21 Crc1 r€3Jar re rrotrç Cfly of 6;i C*c mm a flrcSc't cg 6301 Se '€ Prwjy. 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By Ciw, 3a•299 1'cno 763 56333O I TT'(: 711 Fn 1763) 563363 The tem Vi ham tcn privtitassisl w ri proxrti ma Wi m o nt, popoly im ap ,z-r4l rer11tflf c310g1-y irçcue"wt The !otMng actions aro roqurcd: 1) 21 Oi* oieTy cxIe :ih:s ESc t3flfliS ii cl Ue We Ce aly ANN O M S 4 :i Man crrorit on at utDj ov, t.es, rnls ñ-, prfls, m1 o' !inania 1fpa1mer 11 to C* 51 WOU Ti Othe 5) Ohe. The tne rnjt oxrp W ç(('ie1 P1r i p ithe Oly Cces. A cxri of t ççcno ari w t wfli a r^mrdor iohn b compywU' tile rcntnih:cn reerr*i. EM P9L&;n, 1'4v ?1U1 no tep31 code ptwcwJy cc'td wU' the i 6 1 Crb:l especoon c pcç*r kl Te ertai :ens* thçcion Cy ol ecky WIM tbcc.O9 ,41 &rlfino Ctee. P$c 3rcc4ji YJ M43O2199 Phcm fY63) 5633333 flY: 711 Fac (?63 V69-Me) fto and Vt'dtg I "'enti th1 M itymflcii pcdtd c3 Irt e and e:ora',? I un rgtd Ih1 fl ck r cony will the açcd Ran rrnpj wtli al terns withr the luylo pol,c cete qtpd Ren erat:fl ate, en1rcrnt iZc &cJ1 ci1aOn, founal oanQrts, or cce eeA 114 050, Nedzad Ceric Ova te A)t TtQ 5/30/18 ASit CR, 4;V F4.4H PMt, ft)(% Cc4 ' S:L' IV t\t 't Lvf Pw &c ciy c U(O(y1 C n%' Ccmiu4t Dtr!Ifl1 .&9 3C Sn Mt 3299 j Ptnt 763 5S3 3i ITY: 711 Fax (763156031W City Corncik Agenda Hem No. 10a #2 COUNCIL ITEM MEMORANDUM DATE: June 25, 2018 1 - I Dr. Reginald Ydwards TO: Curt Boganey, City Manager Deputy City Mner and Acting _City Mane THROUGH: Meg Beekman, Community Development Director FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 3106 64 th 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 3106 64th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on nine (9) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. Current rental license approval activities for license expires on 08/31/2018: 12-28-2017 The Owner, Natan Zadik, applied for renewal of the rental dwelling license for 3106 64th Ave N, a single family dwelling. 01-18-2018 An initial rental license inspection was conducted and failed, tenant denied access. Mission: Ensuring an attractive, clean, safe, inclusive coinnunit that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 02-20-2018 A second rental inspection was conducted and failed. 9 property code violations were cited, see attached rental criteria. A $100 re-inspection fee was charged to the property. 02-28-2018 The previous rental license expired. 03-05-2018 The $100 re-inspection fee was paid. 03-06-2018 A third rental inspection was conducted and passed. 04-06-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 04-06-2018 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-23-2018 A $300 Administrative Citation was issued for renting without a license. 05-24-2018 A Mitigation Plan was submitted. 06-14-2018 The Mitigation Plan was finalized. 06-18-2018 A letter was sent to the owner notifying that the hearing before the Council will be held June 25, 2018. If approved, after six months, a new rental license is required. The license process will begin approximately immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the 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 Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Mission: Ensuring an attractive, clean, safe, inclusive coinnuinity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type 1 - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive conununity that en/lances t/:e quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 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 l',iission: Ensuring On aftra dive, dean, sqfe, inclusive community that enhances the quality of life for al/people and preserves the public trust LI At1Orfl P1*n—Typoiii i Ver) 0 Mitigation Plan—Type LV (S Months) Cutent Eqira1kin Date Ponding Eiralion Dale rcew may trtiL R ure to follow in Ions c1he rwiso nLØPPI9YJ Pe M5 Rev 11'i8 4 - 4 $GENR 31564th Ave N iLeliihiIIhiWI sIx!nroJs)iiTiln Sections A—Crime Five HossIiig Progan Reqtkeinemts Phase I . Read and chock o;ch box, [] 1) A written tease agreement is required. The lease agreerrent shall inct,de the Crime Free Horisirl Lease Addendum, A copy of the tease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. [J 2) Agree to pursuc tho tecirna$en of lear3e agreement c( ewtion of tenants who violate the terms of the lease Cf 4Y/ adth,r3urns, Eli 3) Con&ct czirnhal ckgrourd check(s) for at rew prospeOve tenart.s, It it is a curnnt tenr a new batkiyetod check is not reqcired. Upen the C? reques1 docurrnteUcn the'Mg a bckgrour theck was corrçeted ns be ryweided {] 4) Arend an apçrccii oigtil.hcv, Crtrne Free Housing training course. Information bar aproed courses can be foLTd atwrn.rrrqane If you have comjte4ed the course attach a copy of the Crime Free Housiiig Certificate to the Plan, El Crime Free Housing training Is corrçe(ed 0 Crirri, Free Housing training is schedisi for Lim LII Owner or agent ptais to aend tniaing a: UUM 0, [2] 5) Subtrt Mnth1y Report by the 1& day at each rrcnvi Only required for Type IV— Mitigation Plans. Phao LI Read and check each box. [2] i Ccnpk,te a Security Assessment and imp9rnent rnprcrriiert$ rCQJCd by the ftolyn Center Poke Department To schedule a Security s&csrnent c.31 (763) 569-3344 [2] 2) A foflow-up assessment must be comp4etc4 Wore the license expiration date to verity the seourily irTp(Cr'eTflerS have Lean irrIomented To sched4e a follow up inspecbon call (763) 569.3344. 1:Xj Securt'i kssessrrenl is ccr'npletcd [J Secunty Assessrnoni is sche&ied bar Re''Lten Pe 4 111â CENTER ÀY Tilt c4e 3106 64th Ave N Sections A—Crime Free Housing Program Requireinenis (conUmicd) Phase Ill AAM Moting RequIrenet [J I Owner or aer. must elond at rrinitr&mi tvo (2) F. RM meeings The A.R.M. niee11ns must be comp4td vthin the rental license period and before the license expiration date. ] 2) Registration Is not required to attend, ytu must scjni during Wo rniot, kRM. MecUng are held in Jeruar, March, Eaj, JtAy, Seç4ent*r, and Noverrber on the 2nd Thusd&j at the month PAeeirs al 1arn n1 erti at ham, El 3) Write to months ne o'flec C ageni plans to at1erd. Owner or agon t aiond A.R M, etis c*eduIe to n<j!iL7 The following actions are required for Mutti.FamIty properties wth four (4) or more units. [II I) Condvj resident trarir anr&wty to r1uie cnrne prvienion tedinq'es. 2) Conduct iecjular retnl rretings. Piut 38 I F?n!& P, Rev. 1.1.18 G 2025 2036 tern Lt Rcplaced Condition Estimated Reptacemert Data rk WtHee'M12010 F May 2020 Item Lost Repbced Furnc!,1012013 -10/2013WakrKeater K,then Applances Laundry Appliances 1012013 Srre P)amn) Caton/cnoxie Alarms 8 PainVSiding n/a ____ 'Thd 1012013 Reo1 10/2013Garage *10/2013 Fence 10/2013 10/2013 Shed n/a Condt.i viior:G,cG F*kF Pkdi RzciiwtR t11ô Scctions C—Steps to irnp'ove Management and CordiUc'ii GfPropttty The following adons are o0on3l unless required by the City. [J 1) [1]2)Prcde garbage se*' 3)1ns1311 secuty syEem. U 4)PrtMc n1jintefl3flCe seive pian for aççiarce. Name of s€cvxe crnpny The licensee must corrj wth the apxoved Pian and & appIcable City Ccde. A ccçrj ol lheaprtoved ptanAil bee sent wth a rcrrini rKt to cnçj vth the rental keW rCQUref1ntS 12-ft Community Development$ EN AT THE-CENTER 3106 64th Ave N Sign and Verily I verify that all information provided is true and accurate I understand that If I do not comply with the approved Plan, comply with all items within the license period, or operate beyond the license expiration date, enforcement actions such as citations, formal complaints, or license review may result. rO cMmr ot Agent Naive and flUe (Pease Ptnt) Owncf of Agent Skjnaftire AdnaI Owcai or Agent Name and rJe (II Appb'e Feao Pcin) AddionJ Osct or SignMun (J'fAp*abie) Ode City Sta ff Only VDatl -^k^l Date Page 616 Rental Ucense Plan, Rov. 1-1.18 City of Sroo)1 n Center—Community Development vv.ctyofbrookiyncentar.Org 6301 Shgie Cteek Parkway, Brooklyn Center, MN 55432i99 Phone: (763) 5633330 j iTh 711 Fax: (763) 569-3360 City Council Agenda Item No. lOa #3 COUNCIL ITEM DATE: June 25, 2018 TO: Curt Boganey, City Manager Dr. Reginald Edwards Deputy City Manager THROUGH: Meg Beckman, Community Developmen_irector a •Act1ng city M 9 t , FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 5410 Girard Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5410 Girard Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on fourteen (14) 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 10/31/2018: 02-12-2018 The Owner, Douglas Allen Wahl, applied for renewal of the rental dwelling license for 5410 Girard Ave N, a single family dwelling. 03-06-2018 An initial rental license inspection was conducted and failed. Fourteen code violations were cited, see attached rental criteria. Mission: Ensuring an attractive, clean, soft, inclusive conununity that enhances the quality of life for al/people and preserves the public Irust COUNCIL ITEM MEMORANDUM 04-06-2018 A second rental inspection was conducted and failed. A $100 re-inspection fee was charged to the property. 04-17-2018 The $100 re-inspection fee was paid and passed. 04-30-2018 The previous rental license expired. 05-31-2018 A Mitigation Plan was submitted. 06-11-2018 The Mitigation Plan was finalized. 06-18-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 06-18-2018 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. 06-18-2018 A letter was sent to the owner notifying that the hearing before the Council will beheld June 25, 2018. If approved, after six months, a new rental license is required. The license process will begin in 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. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council ]'Iission: Ensuring an attractive, clean, sqfi!, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 Mission: Ensuring an attractive, clew,, safe, inclusive community that enhances the quality, of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type 1 - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.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 Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 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, sqfr, inclusive community that enhances the quality of life for al/people and preserves the public trust a P131 Is rat submttd andioc all hems are W ometed vthn the Lote pe&xJ, or ttm aborm pfcçctf operas orvi to ttn xprnko data,rIcornnt ac1kris sIi as an admnraWe dtcn, formal comptint, or re** may rouft EM br,ø9& I tSr,-Ifl r CPj of Btoc& Ci(—mnuNty Dn4crot w#rn 6301 SM-çc Cc* ParLwr, 6td*pi Conku, MN 55430-21991 Phar: (763) 56343301 flY: 711 Fax: (M)569-3360 (] 1) A wAian arocrnr,1 is. nsuiod, The ko agreement thJI indude the Dim Fro t4xi e Ar A copy of tho ta igrect and Crime Free Kouting Lma Addecdum must be att&ched to the Plan. j 2) Agree to pwe P emnaIkn of ka atce'rnrd tx rkion ol Ww iio ve te tecrrr ci the ie or iiy cun 3) Condua crim.'ral b 3grcurd tcMs) br at new prcpx If is a cwrect tenant a new [ZI tit Monmj Report tq tre 1C'' dwl of eth month. Only required for Type N— Mitigation Plans. RLPPw. 1!-1S &cn C Cutur4y DwfakVWA 63D1 SMe Cr—IC d Brcddai Con1r, MN 555, 9' 3 0 - 22- 1 '74 1 Phore:(7631563-33301 iTt': 711 Fu: (T63) 53360 G * Community Development AV f 9 14 Ito PROPERTY ADDRESS Snctons A—Crime Fr. Houthg Program Requ(reinents (cottfvw Phase lii kR.Li V.e4Ing Requfrem.M [J 1) Oet or aenl rt1 8tI4i al m nrt tm (2) ARM, tnoinQs. The A.R.M. meetings must be completed within the rental flceno period and boro the License expiration date, The following actions am rtuired fat MultiFan*j proporifos with four (4) or more ijzilts. II 1) CwWua r kkr1 tme4ng annuty to lnJtxie crnie pcent.n tecfrtques U 2) Cix*vd requt3f resident rneet. fi Rw 11.18 Cy 01 øtii —ifty Dsii cc &301 Stinge Creek Prkwy, Booiyn C€ir, Wl 55M.21991 Fr (73) W-33301 11?: 711 Fax: (163) 69-3 ReIL IITiu:Y 1LTE yTfl,1 LLir'r?li1rn* Gage DthNaq Farico &deIks SecUons B—Long Tenn C.pltil hnpsovMlenl P1n tarn Lt Rptt Co ndition'Estimald RpIacarne4 Data W&ev 11ti&Uy 2010 F May 2020 mt Roplacad Condition'Eslintated Rpcei*nt Dto Ong F 2021 2008 G 2023 2016 G 2031 2016 G 2031 2016 G 2025 2015 N 2028 Orig F 2025 2010 F 2035 ORIGINAL G 2000 G 2028 2005 6 2025 6 NIA *f A(ti&Fskaf Ndg Pbct-t P)O 44 rL. tL. -rni r7. WV. J in Cg *1 syn c twrity *t44 W#tJ)CUflAJ.Or €i $ C4k Pwlhwmmay^ 8ccdJii Ccntac. 543O2199 Phone: [183) 6333Xs fl Y: 711 FaE (7E) &9336O Sections C—S-Ups to 1mpro. Minigrnon1 and Condom of Proper The hams in this s$on hyte been pri to as!isl wTh po*t)' management, çmperg irige, and ritI kio ca1ry rnpc?iemen1. The foIioMrg actions are required: J 1) C*cHn vdh Wants erj 301days 2) Nm by roporty to Cbeck for tceb10 co4o vicwxns EZI 3) Evict tenanfl in $ot&n oi arty [] 4) Reran osrenton at uqq fees, Wes, assefsssffw, , fr& ç*nafle, other inandal c Ia?n ,1nn t &0 to $ City. 0 5) 5) TNJ ibnso mit ixçy wth 1111) ippfvmd Flan w al appkU C4 Codu A copy of tha npproxi ç4an wilt* sent witha remirOce walie to ecifly vMti the renLl Ikense requewd. pn Gty of Uro* Cwhr—Ounmulfty OIçeit 6301 Sh4o Cnk PMw, Btocyn Center, MN 5543021 499 Pe (763) 5633330 1 flY 711 Fax: (763) 994& Have r re1 cede 4o4ons eously &C.0 me n W wth the pasl rear 6)ConduU a perpei$on of the property prb' to tre rental tkense inspectbn V cEN'r AT 46 I jTiL ri.1t I r1y tfi I rn(crron pm'idi tr ard ixir I wtBnd thiit I o not orrçy wth the apprce1 Plan, cuiiç4y vth Ihn Urn 1coist pucod, or WrUn bqp4j pi1ic ato, onforcemet1 abxt3 h as cith1IX, bfmal contptrint, c ke reAw rrty rcit. Ow s 1 Ths (Pè* IsV - Amow O( c( tir f4sm W ftk Arøc Mom PYW' Aáttt O4rcc c Act Sstro DAM Ce, suff Gt Pc*d Dw M So Em Pwi PA'. 8 ol C4ut €301 Shhe Ge4 Patwq, Brcckjri Gene, MU S54XL21S9 Pi'xna. (163} 563-3331) TTY - 711 Ft*: (763) 933& City Council Agenda Item No. 10a #4 COUNCIL ITEM MEMORANDUM DATE: June 25, 2018 TO: Curt Boganey, City Manager Dr. Reginald Edwards Deputy City Manager THROUGH: Meg Beekman, Community I FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 5302 Humboldt 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 5302 Humboldt Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on sixteen (16) 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: 09-22-2017 The Owner, Marc Silverstein, applied for renewal of the rental dwelling license for 5302 Humboldt Ave N, a single family dwelling. 10-09-2017 An initial rental license inspection was conducted and failed. Sixteen code violations were cited, see attached rental criteria. A1'ission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of fife for al/people and preserves the public t;zist EI1SJ(SJ I fl I I 1W4 ShYA I MA 0) 1II IIJ05 I 11-09-2017 A second rental inspection was conducted and failed. None of the corrections had been made. A $100 re-inspection fee was charged to the property. 11-16-2017 A third inspection was conducted and failed. A $100 re-inspection fee was charged to the property. 11-17-2017 The $100 re-inspection fee was paid. 11-27-2017 The $100 re-inspection fee was paid. 11-28-2017 A fourth inspection was conducted and failed due to new code violations. No re- inspection fees charged. 11-30-2017 The previous rental license expired. 12-14-2017 A fifth inspection was conducted and failed. $100 re-inspection fee. 01-05-2018 A sixth inspection was conducted and failed. Corrections made, fees still owed. 02-08-2018 A $300 Administrative Citation was issued for renting without a license. 02-14-2018 A Mitigation Plan was submitted. 02-23-2018 The Mitigation Plan was finalized. 04-13-2018 The $100 re-inspection fee was paid and passed inspection. 04-24-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 04-24-2018 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. 06-18-2018 A letter was sent to the owner notifying that the hearing before the Council will be held June 25, 2018. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in Jllssion: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. 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. J'iiss!on: Ensuring an ettractNe, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i[O1BJ[iJ I fl V V Mk'4 U'A I MIY4 (I) t1I IIJh'A I 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 On1v Type I - 3 Year 1-2 units 0-1 units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b.Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. IWissio: Ensuring an attractive, clean, safr, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 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, atiruclive, clean, sqft', inclusive communIty that enhances 1l:e quality of life for al/people and preserves the public trust El Aciko PM—Typo U (1 You) []M4hthn P1—Typ IV (6 Months) TrntE,prIJan Date: 111JPeaft Eorstkn Ds jiIIO j LIM Li Pi', RA- v. 1.146 c4 c*GrnTrft/ Dimu1 * -A L- ALIt Lt4W AAA I I TTV. 714 r rW PI1ifl,Tili! AT Tt4t Cglitth 5302 Humboldt AveN $ctIcts A—&hm Fi*. Housing Progtne RquIrtmoiits Phs $ Rd and chtk .ach box, [fl 1) A wTifien Icase &yoomW Is rdr6d. The lease agrerMrt thill Indude ta Cimi No I4ou Mden&n. A copy of (he Ieu# agraem.nt and Crime Free Howg Lguo Addendum nwst be attachodtolheRan. 2) Ape to pxu.* the temin0on of lease agwr" CirerAc6m of tenants %^'O VtA* 00 term of, 'to lease ot a nyIL ws rç4eted rrELst be prosidad. El 4) Mend n pçoed 4cx Cdi* Fee Hous i ng tra* course. 1rrran pprvod ouros Ca N found a t wym,mntp n et. If ycu have completed the come attach a copy o( 1h Cdno Fm Hoaslng C.atf1cate to the Plan. Plow 216 4 4twv Cts c øcM C*t %%W,d 4 AT THr CtNTUP rIY1:fr.1LI1 &dIo A—Cre Je HousMg Pzogram Rqufrwnents (conWnz4 Phn. UI ARM WtnO Requrerner [fl i) Nror or wxM nM atleql M rrinkiu (2) MW. meedV. The kRJL metkgs m1 cornpktd vAhin tho rent1 kiete prod and before the Uceo rxpatbn date. The fcltowlng a1Ions are r.quf rod tot Mult3FamIty properties wilth four (4) or more unhz. U 2) COMUct ruubr rodunt rnee&. P6,14 3 16 Ps!; Rv W4.9 City ef Bb Ct oirw*j Dit,bptiiit joifltf.C( Go-mv 1945 Devemly May 201 NOW June 2010 May 2014 May 1970 f F F F tM1T1j Aug Wflom CordItk), [4rPziISRU F F -I- F p,* 11; CENTR At t :iiiiiil!iiI11I'1fl1imFJi1 5302 Hurrix4dt Ave N $octk B—L9 TUM CIAprLn1PM t4r Lzat Rip" cor5c4 ?4y2lO F cnh If 3; N,.ft Rtçw4k om ftA WLk'ol s4FU ,%R4jl &Oi Sh CkPrj. Cc, M) WA3i411 Ptw T33 43!O iii: Tfl COX 7S31% 93O 0 Community Development At toil klwyll 302 Humboldt Avo N S+ckei c—stfp to Mtp,o Mtntmt m1 cwX WOM of Pcpv1y EJ Vk pibm &.md Ge p EJ 0) c,oto pnstn oIhe pxW1 ç4lor to the rn3I I!M 0 V4 toWmVq atiWa vo cpton3i urts requkDd IYI Ute City. 1)Ptc MJv El 2)PogteWo U0 4) El )over: n*ø to oirçj wTh ft NtitiI kne req ii renwU Lbvso :%t F*i 1.1-18 of areIHf I 3O1 Pr%j, 52t I Nee: 3343) I TTY: 711 Fa (M) SO-W.0 , - 4*ENR AT tit crtt 1Dfl1LVIiIl [[ii1ulI1i1tII:rLi(i11Iit1ili CN IOna, frrrtc wrØ& of flb res4 r rjL /tri W ffo* 4)1 pdpww iUoPi. Pu. 1-1-18 TIInz Ij 63i St LAW il Fr9: (7) &333 TTY: 711 Fax(783) 4D City Council Agenda item No. TtOa #5 COUNCIL ITEM DATE: June 25, 2018 TO: Curt Boganey, City Manager 10r. Reginald Edwards1Deputy City Manager and Acting City Manager THROUGH: Meg Beckman, Community DevetUTITICHL Threewi - FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 6765 Humboldt Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 6765 Humboldt Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for 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 II Rental License based on four (4) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings 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 February 28, 2018 and one that will expire on August 31, 2018. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program, City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. 3hssion: Ensuring ttJI a(tracth'e, clean, saf', inclusive conuniudly that enhances the quality of'If' for all people and preserves the public trust COUNCIL ITEM MEMORANDUM The following is a brief history of the license process actions. Current rental license approval activities for license expires on 08/31/2018: 12-28-2017 The owner, Moeen Ahmad Masood and Shehia Alavi, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 01-18-2018 An initial rental license inspection was conducted. Four property code violations were cited, see attached rental criteria. 02-01-2018 A second inspection was conducted and failed. A $100 reinspection was charged to the property. 02-15-2018 A third inspection was conducted passed, however, $100 reinspection fee still owed. 02-28-2018 The previous Type IV Rental License expired. 03-19-2018 The $100 reinspection fee was paid. 03-19-2018 A $300 Administrative Citation was issued for operating without a license. 05-23-2018 A $600 Administrative Citation was issued for operating without a license. 05-25-2018 A Mitigation Plan was submitted. 06-14-2018 The Mitigation Plan was finalized. 06-18-2018 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 06-18-2018 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. 06-18-2018 A letter was sent to the owner notifying that the hearing before the Council will be held June 25, 2017. Previous Tvne IV Rental License atroval activities for license expires on 02/28/2018: 08-04-2017 The owner, Moeen Ahmad Masood and Shehia Alavi, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 08-28-2017 An initial rental license inspection was conducted. Seven property code violations were cited, see attached rental criteria. 08-31-2017 The previous Type IV Rental License expired. 09-28-2017 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-12-2017 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-26-2017 A fourth inspection was conducted and failed. No reinspection fee was charged due to the inspection of the permitted fence. 11-07-2017 A fifth inspection was conducted and failed. However, no reinspection fee was charged due to the inspection of the permitted fence. 11-27-2017 A sixth inspection was conducted and passed. Total reinspection fee owed is $200. 12-20-2017 A $200 reinspection fee was paid. 12-20-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 12-20-2017 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 !vliss!on: Ensuring an attractive, clean, saft, inclusive conununhly that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 12-20-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-09-2018 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. 03-16-2018 An email was sent to the owner informing him to submit the mitigation plan. 05-25-2018 A Mitigation Plan was submitted. 06-14-2018 The Mitigation Plan was finalized. 06-18-2018 A letter was sent to the owner notifying that the hearing before the Council will be held June 25, 2018. Previous Type IV Rental License approval activities: 07-08-2016 The owner, Moeen Ahmad Masood and Shehla Alavi, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 07-08-2016 A Mitigation Plan was submitted. 07-13-2016 The Mitigation Plan was finalized. 08-02-2016 An initial rental license inspection was conducted. Seven property code violations were cited, see attached rental criteria. 08-31-2016 The previous Type IV Rental License expired. 09-02-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-21-2016 A third inspection was conducted and corrections complete; however, the $100 reinspection fee was not paid. 10-26-2016 The $100 reinspection fee was paid and rental license passed. 11-14-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 11-14-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-02-2017 A letter was sent to the owner notifying that the hearing before the Council will be held January 09, 2017. Previous Type IV Rental License approval activities: 02-12-2016 The owner, Moeen Ahmad Masood, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 02-28-2016 The previous Type IV Rental License expired. 03-01-2016 An initial rental license inspection was conducted. Nine property code violations were cited, see attached rental criteria. 04-19-2016 A second rental inspection was conducted and failed. A $100 reinspection was charged to the property. 05-03-2016 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. AJLsion: Ensuring an attractive, clean, saft', inclusive con,nuwut.v that en/sauces the quality of life for till people and preserves the public trust COUNCIL ITEM MEMORANDUM 05-18-2016 A fourth inspection was conducted and corrections completed. Reinspection fees have not been paid. 05-23-2016 The $200 in reinspection fees was paid. 06-03-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 06-03-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-08-2016 A Mitigation Plan was submitted. 07-13-2016 The Mitigation Plan was finalized. 07-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held July 25, 2016. Previous Type IV Rental License approval activities: 07-09-2015 The owner, Moeen Masood, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 08-31-2015 The previous Type IV Rental License expired. 09-11-2015 An initial rental license inspection was conducted. Six property code violations were cited, see attached rental criteria. 10-16-2015 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-03-2015 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-18-2015 A fourth inspection was not conducted; no access at time of inspection. A $100 reinspection fee was charged to the property. 01-19-2016 The $300 reinspection fee was paid. 01-28-2016 A fifth inspection was conducted and passed. (The siding and driveway violations are deferred through a previous capital improvement plan) 01-29-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-29-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-18-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-24-2016 A Mitigation Plan was submitted. 04-01-2016 The Mitigation Plan was finalized. 04-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held April 25, 2016. Mission: Ensuring an attractive, clean, safe, inclusive conununhly that enhances the quality of//fe for all people and preserves the public (just COUNCIL ITEM MEMORANDUM Previous Type IV Rental License approval activities: 11-10-2014 The owner, Moeen Ahmad Masood, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 12-30-2014 An initial rental license inspection was conducted. 8 property code violations were cited, see attached rental criteria. 01-30-2026 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-18-2015 A third inspection was conducted and passed. 02-28-2015 The previous rental license expired. 03-02-2015 The $100 reinspection fee was paid. 03-18-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 03-23-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-23-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-09-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-22-2015 A $125 Administrative Citation was issued for not submitting a mitigation plan. 06-18-2015 A $250 Administrative Citation was issued for not submitting a mitigation plan. 06-18-2015 A $600 Administrative Citation was issued for renting without a license. 07-21-2015 Sent mitigation plan information to complete and return. 07-22-2015 A $500 Administrative Citation was issued for not submitting a mitigation plan. Citation later dismissed. 07-22-2015 A $1200 Administrative Citation was issued for renting without a license. Citation later dismissed. 08-04-2015 A $250 Administrative Citation was issued for not meeting mitigation plan requirements. 08-15-2015 Staff met with the owner regarding requirements for mitigation plan and the ongoing enforcement such as administrative citations. 08-24-2015 A $1000 Administrative Citation was issued for not submitting a plan. Citation later dismissed. 08-24-2015 A $2000 Administrative Citation was issued for renting without a license. Citation later dismissed. 08-27-2015 Staff met with owner to discuss mitigation plan requirements. Based on the meeting with the owner and additional information, some citations were dismissed. 08-31-2015 The previous Type IV Rental License expired. 09-09-2015 The mitigation plan information was sent to the owner in order to complete and return. 09-11-2015 A Mitigation Plan was submitted. 10-01-2015 The Mitigation Plan was finalized. Mission: Ensuring an afiracliva, clean, safe, inclusive community that en/sauces the quality of lift for (Ill people and preserves the public trust EI1IJ(iJ I V V k'A U I k"A Li) 11I UIJL'A I 10-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held October 12, 2015. Previous Type IV Rental License approval activities: 07-22-2014 The Owner, Moeen Masood, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 07-30-2014 An initial rental inspection was conducted. 16 property code violations were cited, see attached rental criteria. 08-31-2014 The previous rental license expired. 09-03-2014 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-14-2014 A citation was issued for $300 for operating without a rental license. 10-15-2014 A third inspection was conducted and failed. All repairs were completed however broken glass pieces were not picked up and remain a safety hazard. No reinspection fee was charged. 11-05-2014 A fourth inspection was conducted and passed. All glass pieces were removed. 11-10-2014 The $100 reinspection fee was paid. 11-10-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-10-2014 A Mitigation Plan was submitted. 11-19-2014 The Mitigation Plan was finalized. 12-01-2014 A $125 Administrative Citation was issued for failure to meet the Action Plan requirements. 12-02-2014 A letter was sent to the owner notifying that the hearing before the Council will be held December 8, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mission: Ensuring an attractive, clean, saJe inclusive conhInunhty that enhances the quality of liie for all people andpreserves the public trust COUNCIL ITEM MEMORANDUM 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. 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. J'Iiss'ion: Ensuring an attractive, clean, inclusive continually that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type 1 - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b.Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized iWission: Ensuring an attractive, clean, inclusive cominunht.v that enhances the quality of left for all people and preserves the public trust COUNCIL ITEM MEMORANDUM as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 umts 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: o Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving Two Type IV Rental Licenses for 6765 Humboldt Ave N Mission: Ensuring an attractive, clean, safe, inclztive conununity that enhances the quality of lsft' for till people and preserves the public (rust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6765 HUMBOLDT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6765 Humboldt Ave N, is issued a Type IV Rental License with an expiration date of February 28, 2018; and WHEREAS, the property located at 6765 Humboldt Ave N, is issued a subsequent Type IV Rental License with an expiration date of August 31, 2018; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6765 Humboldt Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that two TYPE IV Rental Licenses are hereby approved for the property at 6765 Humboldt Ave N, Brooklyn Center, MN June 25, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CEMMR Community Development A TT Rental License Plan Handwritten Plans will not be accepted. This form can be found on the website at wN.cityotbrookIyncenter.orgkeatal-pIan or call (763) 569-3330 for an electronic version to be sent via emaiL Action Plan—Type III (1 Year) Mitigation Plan—Type IV (6 Months) Current Expira ti on Date: I b f ^i ] IU Pending Expiration Date: I 2/28/2018 I Based on the total number of property code violations found during the initial rental license insp e ction and!or validated police nuisance incidents, the above referenced property is required to submit an Action (Type ill) or Mitigation Plan (Type IV). In order to ensure timely completion of the license application process, a Plan must be completed immediately and submitted for approval. The Plan includes Phase I, Il, and Ill of the Crime Free Housing Program. It also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If a Plan is not submitted and/or all items are not completed within the license period, or the above property operates beyond the license expiration date, enforcement actions such as an administrative citation, formal complaint, or license review may result. Read carefully and be sure to follow instructions, otherwise your plan will not be approved.. Page 1/6 Rental License Plan, Rev, 1-1-18 Property Address:6765 Humboldt Ave N Owner's Name(s):Moeen Masood Local Agent: Owner's Address:3613 Clare Downs Path Agent Address: Rosemount, MN 55068 Oiner's Phone:1651 261 3638 1 Agent's Phone: Owner's Email:I rn0em@Y000m I Agents Email:_____ I I City of Brooklyn Genter—Community Development wwwcityofbrooklyncenteror9 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 563-3330 1 1T'': 711 Fax: (763) 569-3360 CENTER Community Development AT YU CENtEn 6765 Humboldt Ave N1 Sections A—Crime Free Housing Program Requirements Phase I Read and check each box. El1)A written lease agreement is required. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. J 2) Agree to pursue the termination of 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. If it is a current tenant a new background check is not required. Upon the City's request, documentation showing a background check was completed must be provided. Ed 4) Attend an approved eight-hour Crime Free Housing training course. Information for approved courses can be found at wv.w.mncpa.net , If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan. Crime Free Housing training is completed0 Crime Free Housing training is scheduled for Date Owner or agent plans to attend training at: Name of Cty E 5) Submit Monthly Report by the 10 0 day of each month. Only required for Type IV— Mitigation Plans. Phase If - Read and check each box. El I) Complete a Security Assessment and implement improvements required by the Brooklyn Center Police Department. To schedule a Security Assessment, call (763) 5693344. El2)A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. To schedule a follow up inspection call (7631569-3344.E] Security Assessment is completed L} Security Assessment is scheduled for Page 2/6 Rental License Plan, Rev. i-1-l5 City of Brooklyn Center—Community Development w.wi.cityofbrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn center, MN 55430-2199 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 6765 Humboldt Ave N Community Development Sections A—Crime Free Housing Program Requirements (conVnued Phase Ill - A.RM Meeting Requirement 1)Ovner or agent must attend at minimum two (2) A,RM. meetings. The A.R.M. meetings must be completed within the rental license period and before the License expiration date. 2)Registration is not required to attend, however you must sign-in during the meeting. A.RM. Meeting are held in January, March, May, July, September, and November on the 2nd Thursday of the month. Meetings start at lOam and end at 11am, 3) Write Nfo months the o.'ner or agent plans to attend. &ner or agent will attend A,RM, meetings scheduled for: M ay and J ul y The following actions are required for Multi-Family properties with four (4) or more units 1) Conduct resident training annually to include crime prevention techniques. S 2) Conduct regular resident meetings. Page f6 Rental License Plan, Rev. 1-1-16 City of Brooklyn Center—Community Development 6301 Shingle Creek Parkway, Brooklyn Genter, MN 55430-2199 1 Phone: (763)563-3330 1 TTY: 711 Fax: (763) 569-3360 6765 Humboldt Ave N Community Development Sections B—Long Terni Capita! Improvement Plan All components of a house will need to be replaced when it is beyond repair or its useful life. Based on condition, age, and use, an estimated replacement date Mll need to be provided for each listed item, Items that are broken, damaged, worn, or inoperable may require replacement sooner than scheduled. All items must have a date under the Estimated Replacement Dale, Plans will not be approved if writing "unsure" "don't know", or leaving it blank, If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations. tern Last Replaced Condition Estimated Replacement Date xampie: Water Heater May 2010 F May 2020 Item Last Replaced Furnace 22012 Water Heater 2013 Kitchen Appliances 2016 Laundry Appliances 2012 Smoke Alarms! Carbon Monoxide Alarms 2016 Exterior Items Paint/Siding 2016 Windows 2009 Roof 200812009 Garage 2015 Driveway ASSOCIATION Fence ASSOCIATION Sidewalks ASSOCIATION Shed NA "Condition Abbreviations: New=N Condition 4 Estimated Replacement Date G 2022 G 2023 N 2018 G 2018 N 2026 N 2026 F 2017 G 2030 G 2025 Good--G Fair--F Needs Replacement--R Page 416 Renta! License Plan, Rev. 1-1-18 City of Brooklyn Center—Community Development wi.cityofbrookIyrcenterorg 6301 Shingle Creek Parkway, Brooklyn Center, MN 554302199 1 Phone: (763) 5633330 1 TTY: 711 Fax: (763) 569-3360 6765 Humboldt Ave N Community Development Sections C—Steps to Improve Management and Conditions of Property The items in this section have been proven to assist with property management, property image, and rental license category improvement. The following actions are required: FIX 1) Check-in with tenants every 30-days. El 2) Drive by property to check for possible code violations. 3)Evict tenants in violation of the lease or any addendums, 4)Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City.E 5) Have no repeat code violations previously documented with the past year. Fxx1 6) Conduct a pre-inspecon of the property prior to the rental license inspection. [] 7) Other: The following actions are optional unless required by the City. 1)Provide lawn/snow service, 2)Provide garbage service. 3)Install security system. 4)Provide maintenance ser.ice plan for appliances. Name of service company:U 5) Other: The licensee must comply with the approved Plan and all applicable City Codes, A copy of the approved plan will be sent with a reminder notice to comply with the rental license requirements. Page 5'6 Rental License Plan, Rev, 1-1-18 LON]aaa City of Brooklyn Center—Community Development www.cityobrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-21991 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 City, of BUILDING AND COMMUNfl STANDARDS j,CE NTER roiyiq O7e5HUlrbK3I fw N, Akyn Ronthi License Mitigation Plan______ Typo IV Liconsu Sign and.Vorify. II vedfy that oH information provided is true, and accurate, I understand thnl If I d not comply with theapproved MitigaHon Pkm, comply lolth all items, within the lice-)se peaod, 0r oporate beyond th ecerio cypf"Itioll date, enforcemeit actions nuch s cialion3, formal complaints, or liconso reviewmay resLrit, Mo9*n Mcuod (Own) ctrAgoM fn' and 7Yr (P/cs' cr:a) 7) WM'2018 1) Owwr r;rAj etiie Adci:i) Owt;(r Nm iirJ TIr. ( Amb: /fio/OmrotAq Sjto (I! Appi lik) CILy SafI Only P(cn Dc'pu'(,,:oii: Ji v ./) ) - Connui/y S?ni,d rd (?oj,ftnnt Cfty of Book1yn couter—Buildiny Otid community standavlm Dpirne6O1 C f I ly, Lrc:di n 4219 I tnz: (/(% tO3i33u I TTY,, 'I I F (6) City Cwndil Agenda Item No. lOa #6 COUNCIL ITEM MEMORANDUM DATE: June 25, 2018 ID. RegnaId Ed'ards I Deputy City Manager TO: Curt Boganey, City Manager and Acting City Manager THROUGH: Meg Beekman, Community Development Director FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 7031 Humboldt Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 7031 Humboldt Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for 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 property qualifies for a Type IV Rental License based on fourteen (14) 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 complete security improvements and failed to turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. 4'Iission: Ensuring an altractii'c, clean, safe, inclusive consinunUv that enhances the quality ()/l$te for all people and preserves the public trust COUNCIL ITEM MEMORANDUM The following is a brief history of the license process actions. Current rental license approval activities for license that expires 07/31/2018: 12-20-2017 The Owner, Natan Zadik, applied for renewal of the rental dwelling license for 7031 Humboldt Ave N, a single family dwelling. 01-31-2018 An initial rental license inspection was conducted. Fourteen property code violations were cited, see attached rental criteria. 01-31-2018 The previous Type IV Rental License expired. 03-05-2018 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 03-15-2018 A third rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 03-19-2017 A $300 Administrative Citation was issued for operating without a rental license. 03-27-2018 The $100 reinspection fee was paid. 04-02-2018 A fourth rental license inspection was conducted and passed, however, $100 reinspection fee is still owed. 04-03-2018 The $100 reinspection fee was paid. 04-24-2018 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-24-2018 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. 05-07-2018 A Mitigation Plan was submitted. 05-22-2018 The Mitigation Plan was finalized. 05-25-2018 A $600 Administrative Citation was issued for operating without a rental license. 06-18-2018 A letter was sent to the owner notifying that the hearing before the Council will be held June 25, 2018. Prior rental license approval activities for license that expires 09/30/2017: 08-19-2016 The Owner, ADS, LLC, applied for an initial rental dwelling license for 6501 Brooklyn Dr, a single family property. 09-08-2016 An initial rental license inspection was not conducted; no access was provided at time of inspection. 10-06-2016 A $300 Administrative Citation was issued for renting without a license. 12-19-2016 A second inspection was conducted and failed. 13 property code violations were cited, see attached rental criteria. 01-17-2017 A third inspection was conducted and rental license passed. 02-08-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental Mission: Ensuring an attractive, clean, saft', inclusive connnunitr that enhances the quality of 1ft' for all people atidpreseres the public trust COUNCIL ITEM MEMORANDUM license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-21-2017 A Mitigation Plan was submitted. 03-03-2017 The Mitigation Plan was finalized. 03-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held March 13, 2017. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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 pian, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation Mission: Ensuring an attractive, clean, Nate, inclusive consintiithy that enhances the quality of life torn/i people and preserves the public trust COUNCIL ITEM MEMORANDUM plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. 13Iission: Ensuring an attraclii'e, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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) Mission: Ensuring nit attractive, clean, safe, inclusive conununity that enhances the quality of 1Ji for all people and preserees the public trust COUNCIL ITEM MEMORANDUM No Category 1-2 0-1 I 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 7031 Humboldt Ave N 4Iission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of lift 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 7031 HUMBOLDT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 7031 Humboldt Ave N, was issued a Type IV Rental License on November 27, 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 7031 Humboldt Ave N, Brooklyn Center failed to complete security improvements and failed to turn in monthly update; 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 7031 Humboldt Ave N, Brooklyn Center, MN. June 25, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 'Rea P Community DevelopmentCENIMRRental License Plan Handwritten Plans will not be accepted. This form can be found on the website at ww.cityo brooklyncenterorg'rentaPplan or call 7 (763) 5693330 for an electronic vesion to be sent via email, Action Plan—Type 111(1 Year) Wym itigation Plan—Type IV (6 Months) Property Address-, 7031 Humboldt Ave N O wner's Name(s): Local Agent: Owner's Addres s: 1210 Northland Drive Suitt , 180 Agent Address'Mendota Heights MN 55120 Owners Phone: 1^631945 Agents Phone: Owners Email: eetiaAgent's Email: _____t 95256 1 Based on the total number of property code violations found during the initial rental license inspection and!or validated police nuisance incidents, the above referenced property is required to submit an Action (Type III) or Mitigation Plan (Typo IV). In order to ensure timely compiehon of the koense application process, a Plan must ho completed immediately and submitted for approval. The Plan includes Phase I. II, and Ill of the Crime Free Housing Program. It also includes measures that must he taken to ensure ongoing compPance vtli City Ordinances and applicable codes. A rental license Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If a Plan is not submitted and!or all items are not completed within the Icense 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 follow i n structions, othorwisqjqyLplqn xi Page 118 Peniot Licnso Plan Rev, 1-1-18 Mal Thao 1210 Northland Drivte 180 MendotaHeights MN 55120 EDO i ^e ^t^_ ji nvitationhome cool ] Current Expiration Date: t5Li Pending Expiration Date: [1 City of Brooklyn Center -Cemrnunity Development vNtvcityotbrookiyncentenorg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-21991 Phone: (763)563-33301 TTY: 711 Fax: (763) 569-3360 4. CENTER Community Development AT T1it Sections A—Crime Free Housing Program Requirements Phase I Read and check each box. ElI1)A written lease agreement is required. The tease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. ElI2)Agree to pursue the termination of lease agreement or eviction of tenants who violate the terms of the lease or any addendums. nx 3) Conduct criminal background check(s) for all new prospective tenants. If it is a current tenant a new background check is not required. Upon the City's request, documentation showing a background check was completed must be provided. Rx 4) Attend an approved eight-hour Cnrre Free Housing training course Information (or approved courses can be found at wvw.mncpanet. If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan. El Crime Free Housing training is completed 0 Crime Free Housing training is scheduled for Owner or agent plans to attend training at Naneof City 5) Submit Moidhly Report by the 1 0 11, day of each monti. Only required for Type IV— Mitigation Plans, Phase II Read and check each box. 1) Comptete a Security Assessment and implement improvements required by the Brooklyn Center Police Department. To schedule a Security Assessment, call (763) 569-3344. 21 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. LIEl Security Assessment is completed 5/23/18Security Assessment is scheduled for Page 2/6 Rental License Plan, Rev, 14-18 City of Brooklyn Center—Community Devetopment www.cityofbrooklyncenter.Org 6301 Shingle Creek Parkway. Brooklyn Center, MN 55430-2199 PhDne (763) 5634330 j TTY: 711 Fax: (763)569-3360 Community Development Sections A—Crime Free Housing Program Requirements(continued) Phase lU ARM Meeting Requirement J 1) Owner or agent must attend at m i n i mum ko (2) A R M meetings The A R M meetings must be completed within the rental license period and before the License expiration date , ElI 2) Registration is not required to attend however you must sign in during the m eeting, A R M Meeti ng ane held in January, March, May, July, Sept(,-mber, and November on the 2nd Thursday of the month Meetings start at lOam and end at item,FA 1 3) Write tvo months the owner or agent phoc to attend 5/10 _'9^1-3'Ovner or agent will attend A R IA ii eetings scnedlcd for:and The following actions are required for Multi-Family properties with four (4) or more units U I) Conduct resident training annually to include ctime prevention techniques. U 2) Conduct regular resident meetings. Page 3/6 Rental Unease Plan, Re 1448 City of Srookiyn C e nt e r—Community Devetoprnnt vtwcityofbrOokIyflCeflterMrg 6301 Shingle Creek Parkway, Bro o klyn Center, MN 55430-2109 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 7031 Humboldt Ave N Community Development Sections B—Long Term Capital Improvement Plan All components of a house will need to be replaced thien it is beyond repair or its useful life. Based on condition, age, and use, an estimated replacement date will need to be provided for each listed item. Items that are broken, damaged, womn or inoperable may require replacemont sooner than scheduled. All Items must have a data under the Estimated Replacement Date. Plans will not be approved if writing "unsuro' "don't know or leaving it blank. If you are unsure of when an item Will need to be replaced, you can make a prediction based on the age, use, condition, or manufacture recommendations. Item Last Replaced C on diti on * Estimated Replacement Date Example: Water Heater May 2010 P May 2020 Item Furnace Water Heater Kitchen Appliances Laundry Appliances Smoke Atarmsf Carbon Monoxide Alarms Exterior Items Pa intlSid lag Windows Roof Garage Driveway Fence Last Replaced 2009 2009 2014 2014 2017 N/A Dec 2013 2009 Condition' stimated Replacement Date F 2019 G 2019 F 2018 F 2019 G 2018 Every year check every 8 years G 25/30 Yciars or as nooded G RT rD cn 2020 Sidewalks Shod 'Condition Abbreviations: Nowfl GoodG Fair--F Needs Replacementft Page 416 Rental Llconsc Ran, Rev, 1.148 City of Brooklyn Center—Community Development VNAV.dlyofbrooklyncefltor.Org 6301 Shingle Creek Parkway, Brooklyn Center, MN 5543021 99 I Phone: (763) 5633330 1 TTY: 711 Fax: (763) 5693360 Community Development Sections C—Stops to Improve Management and Conditions of Property The items in this section have been proven to assist with property management, property image, and rental license categorj improvement. Th e following actions are required: El 1) Checkin with tenants every 30days El 2) Drive by property to check for possible code violations jJ 3) Evict tenants in violation of the lease or any addendurns. 4) Remain current on all utility fees, taxes, assessments fines, penalties, and other financial claims/payments due to the City. El 5) Have no repeat code violations previously documented with the past year, [] 6) Conduct a pre-inspection of the property prior to the rental license inspection. 7) Other: The following actions are optional unless required by the City. ) Provide lawn/snow S6tViCC El 2)Provide garbage service. El 3)install security system. 4)Provide maintenance service plan for appliances Name of service company: IH MaintenanceH5)Other Brookside Landscape The licensee must comply with the approved Plan and all applicable City Codes, A copy of the approved plan will be sent with a reminder notice to comply with the rental license requirements. Page W6 Ron/a! License P/an, Rev, 1118 City of Brooklyn Center—Community Oevelopment vAvW,cityofbroOkiyflcentef.Org 6301 Shingle Creek Parkway, Brooklyn Center s MN 554302199 I Phone: (763) 563-3330 TTY: 711 fax: (763) 59-336O CENTER Community Development A C_f f 7031 Humboldt Ave N Sign and Verify I verify that all information provided is true and ccwate I undershmd that if I do not comply with the approved Plan, comply with all hems within the kcense period, or operate beyond the l:censo expiration date, enforcement actions such as citations, format coinpaints, or license review may resui, or Ag e nt /ofl" e1 7qe (Pean P/an) g.e nt a Ad1tCm& Cwaf ?it i;/ itk f/IA /¼a/ie. Pj$A PiiuI) 1ji/ Ow'r ot 4gn/ Sj;/ur (It AJt1itfJ Nfe J^^O ba ninnfy Ccvooef/ Page 6'S Pen/a! License Plan, Rev. 1-1-18 City of Bookn C e nte r —Conirnunity Dvcloprnent VNIWc1tyofbrookly000nterorg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2109 1 Phone: (763) 563-3330 1 TTY: 711 Fax: (763) 569-3360 City Council Agenda Item No lOa #7 COUNCIL ITEM DATE: June 25, 2018 TO: Curt Boganey, City Manager THROUGH: Meg Beekman, Community Deve 1 LEMORANDUM Dr. Reginald Edwards Deputy City Manager ,and Acting City Manager I/) lopment Director \' FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 6413 June Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 6413 June Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for 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 13, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on fourteen (14) 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. ]ktission: Ensuring en attractive, clean, saf, inclusive coninwuhty that enhances the quality ojlfe for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Current rental license approval activities for license that expires 9/30/2018: 03-31-2018 The previous Type IV Rental License expired. 04-19-2018 The Owner, Douglas Allen Wahl, applied for renewal of the rental dwelling license for 6413 June Ave N, a single family dwelling. 04-19-2018 An initial rental license inspection was conducted and failed. Fourteen property code violations were cited, see attached rental criteria. 05-22-2018 A second inspection was conducted and failed. A $100 reinspection fee was charged. 05-23-2018 A $300 Administrative Citation was issued for renting without a license. 06-05-2018 A third inspection was conducted and corrections were made however $100 reinspection fee is still owed. 06-14-2018 The $100 reinspection fee was paid. 06-18-2018 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. 0618-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 05-31-2018 A Mitigation Plan was submitted. 06-14-2018 The Mitigation Plan was finalized. 06-18-2018 A letter was sent to the owner notifying that the hearing before the Council will be held June 25, 2018 Prior Type IV Rental License approval activities for license that expired on 3/31/201/8: 06-12-2017 The Owner, Douglas Allen Wahl, applied for renewal of the rental dwelling license for 6413 June Ave N, a single family dwelling. 07-19-2017 An initial rental license inspection was conducted and failed. 12 property code violations were cited, see attached rental criteria. 09-19-2017 A second rental inspection was conducted and passed. 09-30-2017 The previous rental license expired. 10-04-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 10-04-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-11-2017 A Mitigation Plan was submitted. 10-18-2017 The Mitigation Plan was finalized. 11-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 13, 2017. If approved, after six months, a new rental license is required. The license process will begin in approximately 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 Mission: Ensuring an attractive, clean safe, inclusive conununity that enhances the quality of 1sft' for all people and preserves the public trust COUNCIL ITEM MEMORANDUM for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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. A'Jissicn: Ensuring an altructive, clean, saft', inclusive community that enhances the quality of life for all people and preserves the public (rust 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. Mission: Ensuring an attractive, clean, safe, inclusive comuminity that euiliiiuices the quality of life for (Ill people and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type 1— 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 - Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: Mission: Ensuring an attractive, cIew, saft, inclusive connnunUy that enhances the qtUlIitJ' of'lzfr for all people and preserves the public trust COUNCIL ITEM MEMORANDUM There are no budget issues to consider. Strategic Priorities: e Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6413 June Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lsfC for all people and preserves the public (rust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6413 JUNE AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6413 June Avenue N, was issued a Type IV Rental License on November 13, 2017; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (14) 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 6413 June Avenue N, Brooklyn Center, MN. June 25, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Thlis form tan be found on the bsite at or ca (763) 569-3330 lor an oodronc version to be sent via emaIL Action Plan—Type IH (t Year) 21 Mitigation Plan—Typo IV (6 MonLhs- Hi Preperty Address- June Ave N Owner's Name(s): CCI Monlon Local Agent: Maximize Properties Douglas Wahl Owner's Address: 1845 Stinson Pkwy #208 Agent Address: 1 845 Stinson Pkwy #208 Minneapolis, MN 55418 Minneapolis, MN 55418 Oner's Phone 812 7828888 Agents Phone:612 721 8888 O&nes Emil: Agents Email:aXrnafla9er@l7ern3I1_n Current Expiration Date , Expiration Date: J1I Based on the total number of property code violations found dung the Initial rental Uomse inspection and/or validated 'police nuisance incidents, the above referenced property Is required to submit an Action (Type III) or Mitigation Plan (Type r4 in order to ensure timely completion of the license application process, a Plan must be completed immediately and submitted for approval. The Plan includes Phase I, II, and Ill of the Crime Free Housig Program. It also includes measures that must be taken to ensure ongoing compliance with City Ordinances and applicable codes. A rental license Plan allows the owner and the City to re1cw concerns and identity possible solutions to improve overall conditions of the property. It a Plan is not submitted and/or all items are not completed within the license period, or the above property operates bend the license expiration date, enforcement actions such as an adminIstrat'e citation, formal complaint or license review may result. Read caret uHy and , e sure to follow Inst ructios otherwise tour Ian will ot bee ro ved. Page 116 Rental License man Rev. 1118 City of 8r*oklyn Centt—Comrnunity Dvelopmet vcityorooncenteiOrg 6301 Shingle Creek Pa(kway, Brooklyn Center MN 554302199 Phone: 963)563-33301 TTY: 711 Fax: (763) 5693360 Sections A—crime Ftee Housing Program Requirements Phase I Road and check each box. []1)A wntten lease agreement is required The lease agreement shalt include the Crime Free I-fousng Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. []2)Agree to pursue the termination of lease agreement or cvion of tenants who violate the terms of the lease or any addendums. [J 3)Conduct criminal background check(s) for all new ptospoctive tenants it it is a current tenant a new background dmck is not required. Upon the City's request, documentation showing a background check was completed must be provided. [] 4)Attend an approved eight-hour Crime Free Housing training course. Information for approved courses can be found at wwt.mncpanet. If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan, El Crime Free Housing training Is completed Crime Free Housing training is scheduled for Anoka Date El Oer or agent plans to attend training at Name o4Cty El 5) Submit Monthly Report by the 10 1, day of each month. Only required for Type IV— Mitigation Plans, Phase ii Read and check each box. [2] 1) Complete a Security Assessment and implement improvements required by the Brooklyn Center Police Department. To schedule a Security Assessment call (763) 5694344. [2] 2) A foiiow.up assessment must be completed before the license expiration date to verity the security improvements have been implemented. To schedule a, follow up inspection call (783) 5694344. j Security Assessment is completed []Security Assessment is scheduod for Rental License Plan, Rev, 1.1-18 City of Brooklyn Cento—Cornmunity Developrnrn1v,cityoforooklyncenterorg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 Phene: (76)56343301 TTY: 711 Fax: (763) 5693360 PROPERTY ADORESS Community Development Soctins A—Crime Free Housing Program Requirements (continued) Phase ifi A.RM Meeting Requirement [] 1) Owner or agent must attend at minimum two (2) A.R.M.meetings. The A.R.M.meetings must be completed within the rental license period and before the License expiration date. 2) Registration Is not required to attend however you must sign in during the meeting. AR M Meeting are held in January, March, May, July, September, and Nomber on the 2nd Thursday of the month. Meetings start at lOam and end at 11am. v 3) Wale hvo months the ovner or agent plans to attend Owner or agent will attend AR M meetings scneduled for and The following actions are required for Multi.FamiIy properties with four (4) or more units. 1) conduct resident training annually to include crime prevention techniques I 2) conduct regular msident meetings. Page a'6 Rental License Plan, !ev. 1 148 City of Brooklyn Center—Community Devuloment www.tityolbrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55402199 Phone: (763) 563-33301 TTY: 711 Fax: (763) 5693360 2022 2021 Sections B—Long Term Cap hat Improvement Plan All components of a house will need to be replaced when it Is beyond repair or its useful life. Based on condit io n, age, and use, an estimated replacement date will need to be provided for each listed item. items that are broken, damaged worn, or inoperable may require replacement sooner than scheduled. All Items must have a dale underihe Estimated Popfacornon! Date. Plans will not be approved If writing "unsure "don 't know", or leaving it blank. If you are unsure of when an item will need to be re ^,aced,yo u can make a prediction based on the age, use, condition, or manufaure recornmerthons. Rom Last Replaced Condition' Estimated Replacement Date Exam pie: WaterHeater May 2010 F May 2020 Last Replaced Condition* Orig F 2010 G 2014 G 2014 G 2016 G 2018 N 2028 Orig F 2025 OrIg F 2025 ORIGINAL S 2000 S 2028 2005 5 2025 S N/A Item Furnace Water Heater Kitchen Appliances Laundry Appliances Smoke Alarms.! Carbon Monoxide Aianm Exterior items Paint/Siding Windows Roof Garage D ri veway Fence Sidewalks Shed 'Condition Abbreviafions Good--G FairF Heeds RaptacementR Page 416 flental License Pan, Rev, I . 18 City of Brooklyn Center—Community Development vcityofbrooklyncoflteLOrg 6301 Shin g le Creek Parkway, Brooklyn Center, MN 554302199 1 Phone: (783) 5634330 1 TTY: 711 Fax: (763) 5694360 Sections C—S'teps to Improve Management and Conditions of Property The items in this 8ecton have been proven to assist vith property management, property image, and rental license category improvement. The following actions are required: EJ 1) Chock-in with tenants every 30days 2) Drive by property to che for possible code violations. f] 3) Evct tenants in violation of the lease or any addendums [] 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. [] 5) Have no repeat code violations previously documented with the past year, [] 6) Conduct a pro Inspection of the property pnor to the rental heenso tnspecbon El The following actions are optional unless required by the City. [J 1)provide lawn!snow service. [J 2)Provide garbage 3)Install security system.E]4)Provide maintenance service plan for appliances Name of service company:El 5) he: The licensee must comply with the approved Plan and all applkable City Cods. A copy of the approved plan will be sent with a reminder notice to comply with the rental license roquirements Page 5/6 Rental License Plan, Rev. 1-118 Oily of erooklyn Center—Community Development vAywtity0brooklyncenterorg 6301 Shirle Creek Parky, Brooklyn Center, MN 5543O2199 1 Phone: (763) 563-33301 TTY: 711 Fax: (763) 5694360 Ma k ICENTEM I PROPERTY ADDRESS Community Development Sign and Verify I rify that all information provided is true and accurate. I understand that if I do not comply with the approved Plan, comply with all items wilhh the license period, or operate beyond the license expiration date, enforcement actions such as citations, format complaints, or license review may result. r.1.srMiIIrnRYAr Onier or Aganl Nai,o ard Titlo (P1oao Pant) /Oor orgertl &gnattfo Aio Additiini1 O-or or .Agenf Na-mo &V Wo (if AppcatIo, Pease F1nI) Adc*tina( Orner or Ani Snotur13 (ilAiratkt) bate City Staff Only Pcdce Data n3m unity eicent bate Page 6/6 Rental License Plan, Rev, 111E City øTBt<xklyn Center—Community Doveopment vw.cityobrookliiconterorg 6301 Shirle Creek Parkway, Brooklyn Center, MN 5540219 Phone: (763) 5633330 TTY: 711 Fax: (763) 5693360 COUNCIL ITEM MEMORANDUM Current rental license approval activities for license that expires 09/30/2018: 01-30-2018 The Owner, Cosco Properties LLC c/o MSP Home Rental, applied for renewal of the rental dwelling license for 6424 Scott Ave N, a single family dwelling. 02-22-2018 An initial rental license inspection was conducted and failed. Nine property code violations were cited, see attached rental criteria. 03-20-2018 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 03-30-2018 A $100 reinspection fee was paid. 03-31-2018 The previous Type IV Rental License expired. 04-03-2018 A third inspection was conducted and passed. 04-24-2018 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. 04-24-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 05-07-2018 A Mitigation Plan was submitted. 05-22-2018 The Mitigation Plan was finalized. 06-18-2018 A letter was sent to the owner notifying that the hearing before the Council will be held June 25, 2018 Prior Type IV Rental License approval activities for license that expired on 03/31/2018: 09-18-2017 The Owner, Cosco Properties LLC c/o MSP Home Rental, applied for renewal of the rental dwelling license for 6424 Scoff Ave N, a single family dwelling. 10-05-2017 An initial rental license inspection was not conducted and no access was given at time of inspection. 10-23-2017 A second rental inspection was conducted and failed. 11 property code violations were cited, see attached rental criteria. A $100 reinspection fee was charged to the property. 11-13-2017 The $100 reinspection fee was paid. 11-30-2017 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 12-01-2017 A fourth inspection was conducted; however, this was to verify that the leaking sink had been corrected. All other corrections still remain. The $100 reinspection fee was not charged for this inspection. 12-07-2017 The $100 reinspection fee was paid. 12-14-2017 A $300 Administrative Citation was issued for operating without a license. 12-15-2017 The fifth inspection was conducted and passed with a weather deferral. 12-22-2017 A Mitigation Plan was submitted. 12-29-2017 The Mitigation Plan was finalized. 01-04-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 01-04-2018 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. fiIks!on: Ensuring an attractive, clean, safe, inclusive community that en/maces the quality of liJC for all people and preserves the public trust City Council Agenda Item No. lOa #8 COUNCIL ITEM MEMORANDUM DATE: June 25, 2018 ,TO: Curt Boganey, City Manager (___ 10r. Reginald Edwards IDeputy City Manager THROUGH: Meg Beekman, Community FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 7030 Regent 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 7030 Regent Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for 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 single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on fourteen (14) 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 8/31/2018: 11-27-2017 The Owner, Douglas Allen Wahl, applied for renewal of the rental dwelling license for 7030 Regent Ave N, a single family dwelling. 12-21-2017 An initial rental license inspection was conducted and failed. Fourteen code violations were cited, see attached rental criteria. 01-22-2018 A second rental inspection was conducted and failed. Mission: Ensuring an attractive, clean, safe, inclusive connnunitv that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 02-12-2018 A third rental inspection was conducted and failed. Exterior violations not corrected. A $100 re-inspection fee was charged to the property. 02-26-2018 $100 re-inspection fees paid. 02-28-2018 A fourth rental inspection was conducted and passed with weather deferral. All corrections made, other than garage (weather deferred item). 02-28-2018 The previous rental license expired. 03-06-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 03-06-2018 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-22-2018 Weather deferral follow-up. All corrections made. Passed. 05-31-2018 A Mitigation Plan was submitted. 06-11-2018 The Mitigation Plan was finalized. 06-18-2018 A letter was sent to the owner notifying that the hearing before the Council will be held June 25, 2018. If approved, after six months, a new rental license is required. The license process will begin approximately immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the iWission: Ensuring 1W a#ractive, clean, safe, inclusive coimnunity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation 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. Missio::: Ensuring an attractive, clean, sqfe, inclusive co:n:nunitj' that enhances the quality of life for till people and preserves the public trust COUNCIL ITEM MEMORANDUM Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: At least 75% of units will be inspected for properties with 15 or less units. At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Mission: Ensuring on a#ructive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public 1111Sf COUNCIL ITEM MEMORANDUM License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 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"Ohl ----LF M. v' IF a p I r Cr rxki riIr, MN i2i I hETE 47 I I TTY 711 F; City Council Agenda Item No. lOa #9 COUNCIL ITE DATE: June 25,2018 Dr. Reginald Edwards TO: Curt Boganey, City Manager Deputy City Manager and Acting City Manager THROUGH: Meg Beekman, Community Development Director FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 6424 Scott 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 6424 Scott Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for 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 January 22, 2018, 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 nine (9) 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. AfLcsion: Ensuring an 11#i-active, clean, safe un, inclusive CoInunil thaty enhances the quality oJIi.fe for all people and preser 'es (lie public trust COUNCIL ITEM MEMORANDUM Current rental license approval activities for license that expires 09/30/2018: 01-30-2018 The Owner, Cosco Properties LLC c/o MSP Home Rental, applied for renewal of the rental dwelling license for 6424 Scott Ave N, a single family dwelling. 02-22-2018 An initial rental license inspection was conducted and failed. Nine property code violations were cited, see attached rental criteria. 03-20-2018 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 03-30-2018 A $100 reinspection fee was paid. 03-31-2018 The previous Type IV Rental License expired. 04-03-2018 A third inspection was conducted and passed. 04-24-2018 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. 04-24-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 05-07-2018 A Mitigation Plan was submitted. 05-22-2018 The Mitigation Plan was finalized. 06-18-2018 A letter was sent to the owner notifying that the hearing before the Council will beheld June 25, 2018 Prior Type IV Rental License approval activities for license that expired on 03/31/2018: 09-18-2017 The Owner, Cosco Properties LLC do MSP Home Rental, applied for renewal of the rental dwelling license for 6424 Scott Ave N, a single family dwelling. 10-05-2017 An initial rental license inspection was not conducted and no access was given at time of inspection. 10-23-2017 A second rental inspection was conducted and failed. 11 property code violations were cited, see attached rental criteria. A $100 reinspection fee was charged to the property. 11-13-2017 The $100 reinspection fee was paid. 11-30-2017 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 12-01-2017 A fourth inspection was conducted; however, this was to verify that the leaking sink had been corrected. All other corrections still remain. The $100 reinspection fee was not charged for this inspection. 12-07-2017 The $100 reinspection fee was paid. 12-14-2017 A $300 Administrative Citation was issued for operating without a license. 12-15-2017 The fifth inspection was conducted and passed with a weather deferral. 12-22-2017 A Mitigation Plan was submitted. 12-29-2017 The Mitigation Plan was finalized. 01-04-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 01-04-2018 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. Pf'.tission: Ezsuing an attractive, clean, saft, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 01-12-2018 A letter was sent to the owner notifying that the hearing before the Council will be held January 22, 2018. If approved, after six months, a new rental license is required. The license process will begin in 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. 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. fl4ission: Ensztriiig au attractive, clean, saf, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: . At least 75% of units will be inspected for properties with 15 or less units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of' lift for all people and preserves the public trust COUNCIL ITEM MEMORANDUM • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive comnwnhtv that enhances the quality q/life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 6424 Scott Ave N Mission: Ensuring an attractive, clean, sq/i', inclusive conununuip that enhances the quality oJ'IUè for all people and preserves the public frust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6424 SCOTT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6424 Scott Avenue N, was issued a Type IV Rental License on January 22, 2018; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (9) 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 6424 Scott Avenue N, Brooklyn Center, MN. June 25, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CENTER Community Development AT nru ctr Rental License Plan Handwritten Plans will not be accepted,7 This form can be found on the website atwww.ciiyofbrooJync0nter,Org/refltatPlan or call (76$) 569-3330 for an electrcc version to be sent via email. LII Action Plan—Type IU (1 Year) z Mitigation Plan—Type IV (6 Months) Michael Schaeffer MSP Home Rental 1200 Centre Ponte Curve, Suite #300 Mendota Heights, MN 55120 [651-797-6913 hanymsphOme(enLc0rj Current Expiration Date: j Pending Expiration Date: O/2O18 Based on the total number of property code violatons found during the initial rental license inspection andor validated polce nuisance incidents, the above referenced prciotty Is required to submit an Action (Type Ill) or Mitigation Plan Type 1V) In order to ensare timely completion of the Leenso application process, a Plan must be completed immediately and submitted for approval. The Plan includes Phase I, II, and Ill of tile Crime Free Housing Program. It also includes measures that must be taken to ensure ongoing complance with City Ordinances and applicable codes. A rental license Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If a Plan is rot submUed and/or all items are not c,ampeted within the license peod, or the above property operates beyond the license expraton date, enorCemOmn actior5 SUCh as an administrative citation, formal complaint or Lcene review may result. Read carefully and be sure to follow Page 1/6 Rental License Plan, Rev. 14-18 Property Address: 6424 Scott Avenue North 1 Owner $ Name(s) diva Properties LLC Local Agent ,. Owners Address: 5660 Comstock Lane North Agent Address: Plymouth, MN 55,446 Owners Phone: Agent's Phone: Owner's Email: _________________ Agent's Email,: City of Brooklyn Center—Community Development www.cityofbrooklyncenter.Org 6301 Shingle Creek Parkway Brooklyn Center, 1.114 55$30-2199 1 Phcne: (763) 5633330 l TTY: 711 Fax: (763) 660-3360 0 Community DevelopmentNrM.R CH T C V PROPERTY ADDRESS Sections A—Crime Free Housing Pm gram Requirements Phase I Read and check each box. Jjj I) A written lease agreement is required. The lease agreement shall include the Cmo Free Housing Lease Addendum, A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Plan. EZI 2) Agree to pursue the termination of tease agreement or evicion of tenants who violate the terms of the lease or any addondunis. t:zi 3) Conduct criminal backoround cheek(s) for all now prospeotwe tenants. If it is a current tenant a new background check is not required. Upon the City's request, documentation stioMng a background check was completed must be provided. 4) Attend an approved eight-hour Crime Free Housing training course. Information for approved courses can be found at wvnncpa.net . If you have completed the course attach a copy of the Crime Free Housing Certificate to the Plan. Crime Free Housing Uaining is completed Crime Free Housing training is scheduled for Dale Owner or agent plans to attend training at _________ Of City s Submit Monthly Report by the 10 day of each month. Only required for Type IV— Mitigation Plans. Phase II Read and check each box 1)Complete a Security Assessment and implement improvements required by the Brooklyn Center Police Department. To schedule a Security Assessment, call (763) 5693344. 2)A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. To schedule a foPow up mnspection call (763) 5693344,z Secudty Assessment is comteted LI Security Assessment is scheduled for Page 2/3 Rental LIcoese Plan Re 1418 in Fol City of arooklyn Center–Cemmunity Oopmenl WvAY,c4yobrOOklyflcCnter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 5543021$9 1 Phone: (763) 5€3-3330 I ITY; 711 Fax: (7631569-3360 Sections A—Crime Free Housing Program Roqufrernoifls (continued) Phase ill A.R.M Meeting Requirement 1) Owner or agent must attend at minimum Iwo (2) AR.M, meetings. The ARM, meetings must beVi completed within the rental license period and before the License expiration date, 2). Registration is not required to attend, however you must sign-in during the meeting. ARM. Meeting are held in January, 1arch May July, Septc-mber, and November on the 2nd Thursday of the month, Meetings start at I Oacn and end at 11 am 3) Wnle two month s the owner or agent to attend.5/10/2018- 1 7 /1 2/2018Owner or agent v411 attend ARM. meehngs scheduled for: The following actions are required for Multi-Family properties with four (4) or more units. a I) Conduct resident training annually to include crime prevention techniques. I 2) Conduct regular resident meetings. Page 316 Renta! License P/at,, Rev, 1448 City of j3 roo kI y n Center—Community DeeIopment w,w,cityofbrooklyncentor.Org 6301 Shingle Creek Parkway, Brceklyn Center, MN 55430-2199 1 Phone: (763) 553-3330 1 'ElY: 711 Fax: (7 63) 569-3360 0 - Community Development PROPIRTYADDRFSS Sections B—Long Term Capital Improvement Plan All components of a house will need to he replaced when it is beyond repair or its useful life, eased on condition, age, and use, an estimated replacement date wifl need to be provided for each Isted item. hems that are broken, damaged, worn, or inoperable may require replacement sooner than scheduled. All items must have a date under the Estimated Replacement Date, Plans will not be approved If writing "unsure`, "don't know", or leaving it blank. U you are unsure of when an itemwill need to be replaced, you cpi make a prediction based on the age, use, condtion, or manufacture recommendations. tern Last Replaced Condition" Estimated Replacement Date Example' Water I teeter May 2010 F May 2020 Item Furnace Water Heater Kitchen Appliances Laundry Appliances Smoke Alarms! Carbon Monoxide Alarms Exterior Items PaintlSiding 'Mndov's Roof Garage Driveway Fence Sidewalks Shed Last Replaced Condition pro June 2013 G pre June 2Ol3 G 2015 G 2015 G 2018 N pre June 2013 G pro June 2013 G pre June 2013 G pre June 2013 G pre June 2Ol3 G pie June 2013 Estimated Replacement Date 2030 2025 2035 2026 EM 2030 2033 2030 2050 2030 2030 'Condition Abbreviations: OoedG Fait--F Needs RepIientR Page, 416 Rental License Plan, Rev, 1-1-18 City of Brooklyn Center—Community Development wwv,cityofbrooklyncentet.org 6301 Shingle Creek Parkway, Brcokljr Centcr, MN 55430-2199 1 Phone: (763) 563-3330 IT?: 711 Fax: (763) 569-3360 Sections C—Steps to un prove Management and Conditions of Property The items in this section have been proven to assist with property management, properly image, and rental license category improvement. The following actions are required: 1)Checkin with tenants every 30days. 2)Drive by property to check for possible code violations, Ei 3) Evict tenants in violation of the lease or any addendums, yj 4) Remain current on all utility fees, taxes, assessments, lines, penalties, and other financial cleimslpayments due to the City. 5)Have no repeal code violaVon,$ pcvaly iceunnled with the past year 6)Conduct a pre -inspection of the provny prior to the renal license inspection, 7) Other: The following actions are optional unless required by the City. [ 1) Provide lawnIsnow service. LI 2) Provide garbage service fl 3) Install security system. 4) Provide maintenance service plan for appliances Name of service company:0 5) Other: The licensee must comply with the approved Plan and all applicable City Codes, A copy of the approved plan will be sent with a reminder notice to comply with the rental license requrements. Page 5/6 Ion fat License Plan, Fov, 1 1 City of EtooMyn CentrComrnuntty Development www.cityofbrooklynccntar.cj 6301 Shingle Creek Parkway, Brooklyn Center, MN 5 11:430-2199 1 Phone: (763) 5633330 1 TTY: 711 Fax: (763) 5693360 UkCEN1I R AT TRECNT PROPERTY ADDRESS Community Development Sign and Verify I verify that all information provided is trio and accurate. I understand that if I do not comply with the approved Han, comply with all items within the license period, or operate beyond the license expiraion date, enforcement actions such citations, formal complaints, or license review may (euit Ovor orActt Uaim rI Tflula (Pease Priali 51712018 AothronA! 0wt or Agrz;1 Noor and T ilt ilpp abe, Fo AdOtk^-;*l Cwnai erA qot Smtro (i1Apmh) Do City Stat! Only a in iy D'Dare Pago6'6 Rnnb'f Licnso Plan, Rev, 1i48 City of arocklyn Center—Comrnwty Dev el opment wwwcityotbrooklyncentenorg 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (793) 563-3330 1 TTY: 711 Fax: (763) 569-3360 6/19/2018 FEDERAL NATL MTG ASSN FEDERAL NATL MTG ASSN 14221 DALLAS PKWY DALLAS TX 75254 www,cityofbrboklyncenter.org Building and Community Standards 763.569.3330 - Direct [1tI1111III Ii IlIlI 11111111111111 IIII llII VII liii * 16-034031* ABATEMENT NOTICE Request No. 16-034031 RE: Property located at 2818 64th Ave N ,Brooklyn Center, Minnesota PID: 35-119-21-32-0040 Dear Sir/Madam: An inspection of your property on September 12, 2017 has revealed the following violation(s) of the Brooklyn Center City Codes, which must be corrected as follows: El VACANT BUILDINGS: (City Code Section 12-1504(3),12-1507 (1-15), M.S. 463.251 Securing Vacant Structures). All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure, and sanitary condition. El Please remove the materials alongside the garage; all outside construction material, refrigerator, debris and pallets Section 12-301 Abatement Odd Year Section 12-1501 - 1511 Vacant Property A follow-up inspection will be conducted on or shortly after Friday, June 29, 2018. The property must be made safe and secure, free of junk, dead trees, tall grass and weeds, refuse, debris, and other nuisance items or legal action in the form of fines, abatement, and/or formal court action will be taken. Your cooperation in this matter is greatly appreciated. It should be a mutual goal to maintain a clean, safe, and attractive environment. If you have questions regarding this Notice, please call me at 763-569-3312. Sincerely, L—)04 lm^ Dan Jerzak Property Code Specialist Vacant Notice to Abate Rev 8-09 City Hall Community Center Police & Fire Departments 6301 Shingle Creek Pkwy 6301 Shingle Creek Pkwy 6645 Humboldt Ave N Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853 763.569.3300 Fax: 763.569.3494 763,569,3400 Fax: 763.569.3434 763.569.3333 Fax: 763-561.0717 City Coindil Agenda Hem No. lOa 1[c COUNCIL ITE DATE: June 25, 2018 TO: Curt Boganey, City Manager THROUGH: Meg Beekman, Community I Dr. Reginald Edwards Deputy City Manager FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 4734 Twin Lake Ave Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 4734 Twin Lake Ave. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for renewal of two rental licenses. This is a single family property. The property would qualify for a Type IV Rental License based on ten (10) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Further, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings, complete security improvements, 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 May 31, 2018 and one that will expire on November 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. The following is a brief history of the license process actions. ilIission: Ensuring au attractive, clean, safe, inclusive coniJflWflty that enhances the quality of hje for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Current rental license approval activities for license expires on 05/31/2018: 08-24-2017 The Owner, Elizabeth Becht, applied for renewal of the rental dwelling license for 4734 Twin Lake Ave, a single family dwelling. 10-18-2017 An initial rental license inspection was conducted and failed. Ten code violations were cited, see attached rental criteria. 11-28-2017 A second rental inspection was conducted and failed. Corrections were made; however, building has open permits. No re-inspection fee. 11-30-2017 The previous rental license expired. 02-02-2018 Building still has open permits. 02-09-2018 A $300 Administrative Citation was issued for operating without a license. The property was posted as an unlicensed rental property. 03-19-2018 A $600 Administrative Citation was issued for operating without a license. 05-22-2018 A $1,200 Administrative Citation was issued for operating without a license. 05-22-2018 Letter sent to owner to close out permits. 06-06-2018 A Mitigation Plan was submitted. 06-11-2018 The Mitigation Plan was finalized. 06-15-2018 Rental inspection conducted and passed. 06-18-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 06-18-2018 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. 06-18-2018 A letter was sent to the Owner notifying that the hearing before the Council will be held June 25, 2018. If approved, after six months, a new rental license is required. The license process will begin in approximately two months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps Mission: Ensuring an attractive, clean, saft, inclusive conhifluflity that enhances the qiuditj' of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. 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, saf, inclusive community that en/sauces the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Mission: Ensuring fill aitruethe, clean, safe, inclusive community that euiliauices the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: . Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving Two Type IV Rental Licenses for 4737 Twin Lake Ave Mission: Ensuring an attractive, clean, sail', inclusive comniunitv that enhances the quality oJ'IEJl' for all people anti preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 4734 TWIN LAKE AVE WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 4734 Twin Lake Ave, is issued a Type IV Rental License with an expiration date of May 31, 2018; and WHEREAS, the property located at 4734 Twin Lake Ave, is issued a subsequent Type IV Rental License with an expiration date of November 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 nrorerty owner of Center failed to attend 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 4734 Twin Lake Ave, Brooklyn Center, MN. 25, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 0 6CE N!MLRI At VOL op"14 - Cirflh1hit/ De .kpTnent Renta' License Plan by DISAMM Can be ftiiJ urt 11m d vv iI It UI IAI 11631 Memo rar an eman flH rni1. i1kt 1ri—Tp [[I 1 Viol Mflgr1b ;Mn-4:i i Mite,Ii c(ty A d Ji: :tff ittIJ. - P,i: EtL iT:1 Tn La k e P'fr N P10" IROX 2 ,1 2-77 Rotiii1a. 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'XllWI' t1I A600IONIC son AN Q-I^f C ite. cr i-Cu uii C'k1iiii r iUii lunIir cr 53 7.11 'SP i^Igv! C*Iaplk ;ij$ Birk-rt ; 7I F,1) ') Ccniiii tin Ity DI eve Iti rri'ri t. Ei!im 21E1 V1 I ; iit'i ; tW MU UndayaI 1I çiy w ih th cammyUh :;E u kncrt salons such m cCi, V'tftlli .1 Ct 1' c / Of I : Cl —will£lyIpii I ww i:r iii:rtj:r dam' Bck r Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION June 25, 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.Youth Art Contest Discussion 2.Former Jerry's Foods Site Concept Review and Discussion PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Beautification and Public Art Initiative - July 2.Cities United Membership 3.Rental Licenses - July 4.ADA Transition Plan Work Session Agenda Item No. 1 MEMORANDUM COUNCIL WORK SESSION DATE: June 25, 2018 TO: Curt Boganey, City Manager Dr. Reginald Edwards Deputy City Manager FROM: Meg Beekman, Community Devel SUBJECT: Youth Art Contest Discussion Recommendation: It is recommended that the City Council hear a presentation on the Youth Art Contest related to the 2040 Comprehensive Plan and the Council's role in it. Background: As part of the 2040 Comprehensive Plan process, the City is seeking to engage youth in expressing the things they value about the community, and what they hope the community will be like in 2040. In order to facilitate this engagement, the City is sponsoring a youth all contest. The contest is open to all youth exiting grades 6 through 12 who either reside in Brooklyn Center, or attend a school in Brooklyn Center. The contest asks youth to imagine it is 2040, what is Brooklyn Center like? What kind of community do you want it to be? What are its values? What do you love about it? What makes it better than today? What does it mean to be a member of this community in 2040? The intention is for young people to express their thoughts about these questions through an original piece of artwork that is two-dimensional and can be hung on a wall. The contest deadline is July 9th, Students can drop their art, along with an application form, at either the Brooklyn Center High School or City Hall. The intention is to judge the artwork in two categories; 6 "'4 1'1igraders and 9th_ 12 t graders. Winners will receive a gift certificate to Target. As a benefit to participants, the City will convert their work to high resolution digital images and return the original artwork, along with a copy of the digital image. The City will retain a copy of the digital images, which can be used in various capacities, including as prints that will decorate City facilities, online, and in the City's 2040 Comprehensive Plan. Judging As part of the contest, we are asking that the City Council judge the submissions. Once the artwork has been collected it will be made available for the Council to view. The logistics will depend on the number of pieces that are received; however, the intention is that the Council will have a window of time to view in person the original works at City Hall. Our Vision: Ir'e envision Brooklyn Center as a thriving, diverse comnninitv iiith afull range of housing. business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment IIYA I k"4 0) 1I )lIJhYA II1IJ[i I i'LI) 1 C41 DF'fi (0)l The Council will be provided a judging sheet to score the artworks by category. Staff is proposing the following judging rubric. Jncfrini Ibibrie Interpretation of Theme How closely the piece relates to the theme, based on the 20 ptsartwork itself and artist statement Artistic Merit/Creativity How creative and original is the piece in its conception of the 10 ptstheme and presentation Quality The level of skill, and mastery of the medium, demonstrated in ptsthe piece Councilmembers will score each artwork based on the Judging Rubric. Staff will then add up the scores. The highest scoring artworks in each category will be the first place winners, second highest will be the second place winners, and so forth. Based on the number of entries as well as the results of the scoring, there may be up to six honorable mentions, which would also receive a prize. Reception As part of the contest, the City is proposing to host a reception later in the summer for all participants and their families at City Hall. The purpose would be to show the submissions and unveil the winning pieces. The Council would be invited to attend this event, and participate in announcing the winners. A date for this event has not yet been set. Attachments: • Contest Flier • Submission Application Form Our I 1S10/1: lie envision Biookhn Center as a thriving. diverse community with afull range of housing. business, cultural nor! recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy clue to its convenient location and commitment to a healthy environment qu a a - I p V Cty iFFfrk!iy CEIiitr Y'4..^11iT[ A"'t :e "I 10 04! OK L . p-..' 4' aCENTER AT THE CENTER Ll !—;Pod , Calling All 6th12th Grade Artists Do you have artistic talent? The City of Brooklyn Center is updating its plan for the future. This is a document that lays out the vision, goals, and policies that will carry the City forward over the next 20 years. We want to know how young people living in the community today want to see their community in 2040. Imagine it is 2040, what is Brooklyn Center like? What kind of community do you want it to be? What are its values? What do you love about it? What makes it better than today? What does it mean to be a member of this community in 2040? These are the questions we want you to answer through art. 0 K1VL CENTER AT THE ICENTER/ I City of Brooklyn Center Community Development 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430-2199 Ph: (763) 569-3330 TTY: 711 Fax: (763) 569-3360 www.citvofbrooklvncenter.org YOUTH ART CONTEST APPUCATION NAME: AGE: ADDRESS: SCHOOL: GRADE EXITING: EMAIL: PHONE: DISCLAIMER:To be eligible to enter the contest, a minor must have obtained a parent or legal guardian's prior permission. By entering the contest, each applicant and their respective parents and legal guardians grants the City a perpetual, irrevocable, worldwide, transferable, royalty-free and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, create a derivative work from and publicly display their entry for any non-commercial purpose without compensation to the entrant. The City will credit the artist for any such use or display of the entry. PARENT! GUARDIAN SIGNATURE: ARTIST STATEMENT: Work Session Agenda Item No. 2 MEMORANDUM - CO DATE: June 25, 2018 TO: Curt Boganey, City Manager FROM: Meg Beekman, Community De Dr. Reginald Edwards Deputy City Manager SUBJECT: Former Jerry's Food Site Concept Review and Discussion Recommendation: It is recommended that the City Council review the concept for a development on the former Jerry's Food site, and provide feedback and direction to staff and the developer on whether to proceed. Background: The concept review process is an opportunity for the City Council to review a development concept prior to a formal proposal from an applicant, and provide comments, ask questions, and indicate whether or not the City would be open to the project. Concept reviews are helpful for potential projects that diverge significantly from established land use and zoning regulations, as it provides insight to staff and the developer as to the City Council's level of interest, and any specific concerns, related to a project. A concept review is considered advisory and is nonbinding to the City and the applicant. No formal action can be taken at a work session, and the Council is not being asked to vote on the proposal. If the developer chooses to submit a formal application to the City to proceed, it would be subject to the full review process, as with any other development application. Project Concept: The developer is proposing to purchase the former Jerry's Food site and construct a 100,000 square foot, four-story school building, which would be leased by a charter school. The site layout would also include a playground area, surface parking, storm water improvements, and a potential future commercial daycare. The developer has indicated that he is on a very aggressive schedule, needing to complete the building to turn it over to the tenant by July 2019. This would necessitate receiving building permits by October or November of this year. In order to proceed with the project, the property would need to be rezoned or the Central Commerce Overlay District amended, as K-12 schools are not a permitted use in the underlying zoning district (C-2) or the Overlay District. The proposal would also likely require a PUD. In addition, the proposal would require a Comprehensive Plan Amendment, which would need to Our Vision: W' envision Brook! vii Center as a thriving, diverse comnzunitv i.vith 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 MEMORANDUM - COUNCIL WORK SESSION be approved by the Metropolitan Council, which can take up to 60 days to process. Given the City and Met Council's review periods, the soonest the developer would expect to receive approval would be mid to late November. Given the time it would take to move through approvals, the developer would likely wish to move forward on preparing construction plans and submitting for a building permit concurrently with the development review process. While the City would not issue the building permit prior to final approval from the City and Metropolitan Council, the building permit plan review could occur ahead of final approval. However, moving forward at this rate would necessitate significant expenditure on the part of the developer prior to final approval, hence their interest in presenting the concept to City Council ahead of submitting a formal application for review. Attachments: Concept Plan Our Vision: We envision Brook/vu Center as a thriving, diverse comnntnTh; with afull range of housing. business, cultural and recreational offerings. Iris a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment - TI . NOTES: 1. THE SHOWN EXISTING CONDITIONS ARE APPROXIMATED AND ARE NOT BASED ON ACTUAL SURVEY. CONCEPTUAL - FOR INFORMATIONAL PURPOSES ONLY NOT FOR CONSTRUCTION SCHOOL 1OO 7 OOOSF THREE-STORY BUILDING 41,000 SF FOOTPRINT 284' Lo CONFIDENTIAL W t®k 1188.26th Street Suite 300 Minneapolis, MN 50404 P:612-879-8225 F:612-879-8152 wwwlanekcom 0llT/l ELEVATION nov. 7-5 1ccepea( ----.- - icpcntun 4 ru-S TOP OF _ 1DFreCA5Tf fik142'-S 5,_n.SSOcK repce-no-425 W4 W-11V run cc Olin C'S EEI VN. nunc /L'" l,-'I/V Ih,f*. tMYth'104,Ow. ,rud,, ydfrcl.up.,* day,n,,d,,thl,4 II EAOT ELEVATION 2 LEST ELEVATION a200 no: re a2O us on' - 22____7 24515 - F , mm. 9 km. Top OF13o.452 3/32" 1W -- --___ TOP Cf55' TOP 05.31.2018 - IL]L11LNiIViVi[UJI Top ccnn,-' _building elevations Aimalka NORTH ELEVATION a2 00302. 7.0' ,,7y741,l T,m.k 2417 FI51 FLOOR F1-M alSø W. r.n 5266 net E' space 266 net 'E 6pace/20 n2533.25 2253325/50 rE2.65 53 total 21 male, 21 female (S first, S second, S third, each) 2534 net 'B space/l00 25.34 055 toilets f or male and female Drink:ine Fountains 25531100 e25.53 21 25 total provided Total max occupants at 2533.25+2534r255255 2653 persons Exterior perimeter area 35,554 sf. total building area 102,152 sf 101 TOTAL CLASSROOMS tW3k 118 E. 26th Street Suite 300 Minneapolis, MN 55404 P:612-879-8225 F:612-879-8152 www.ianek corn Charter School 5801 Xerxes Av. N. Brooklyn Center, MN, 55_ Ih,r20'ooyth'leeya d0.,t,,p,,* ,,adth,tI ,md/.vd,,h0,-t ,dnththn ,fb. '.5©lJ0 1hth,r,,I 87A - 2282017 I TI ---. scale 3/32' = 1-0' nam( NS• 05.31.2018 architectural plan level one al 00 ,,righl T,,k 2017 21 TOTAL CLASSROOMS 121131 net E' space S SMALL CLASSROOMS 2534 net 'B apace 21 MEDIUM CLASSROOMS (standard) 8215 net 'A'space (gymnasium) t4k 118 E 26th Street Suite 300 Minneapolis, MN 55404 P:612-879-8225 17:612-879-8152 wwsy. lanekeom 71 Charter School 5801 Xerxes Av. N. Brooklyn Center, MN, 55 Ihretr..Myth'rI20p45s p ( 5 45r454 2FW4501 nO yOlNI p.rvn ,4th,I ar,,adr4y, ,r2,d,r,hO,nI .1d,,th,Oul dPSnit 1J,th,,00S512 2282017 24515 - On,,, rut -- ,ig5, l31 n e t F space scale 3132' 1-0 cam NS 40 TOTAL CLASSROOMS II SMALL CLASSROOMS Exterior perimeter area 36,84 s f' 25 MEDIUM CLASSROOMS (standard) Floor Area 20,41 s.f. (lessgymnasium)4 LARGE CLASSROOMS 05.31.2018 architectural plan level two al 01 ,,pyrighl Tk 2087 0CcI1P FLOOR FLAN MA'. s-c' ri 2IB30 net s f^ 1 net sf 1111P0 FLOOR FLA0 SW. tJk 118 E. 26th Street Suite 300 Minneapolis, MN 55404 P:612-879-8225 F:612-879-8152 wwwjanek corn 0*8 Charter School 5801 Xerxes An. N. Brooklyn Center, MN, 55__ 08125 .20jth.lth *8 p( &• pdvap,edbqn. ,1uMo ydOoI,up.n* ,,&,0tMtI mdny , ,da,,h08ct 10 04J20 2 1Ih20IS08a 2282017 2451S scale 3132' 1-0 nam, NS 05.31.2018 Former Jerry’s Food Site Concept Review Concept Review Discussion: Opportunity for City Council to review a development concept prior to • formal application Discussion is non-binding • Council may: • Listen to the concept • Ask questions • Provide input and comments • Provide direction to staff • The City Council is not being asked to vote on the concept • If the developer chooses to proceed, the project would be subject to a • formal review process, as with any development application City Council/EDA Work Session 06/25/2018 Concept