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2018 09-24 CCP Regular Session
Council Study Session City Hall Council Chambers S eptember 24, 2018 AGE NDA 1.City Council Discussion of Agenda items and Questions - 6:30 p.m. The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City C ounc il packet is available to the public . The packet ring binder is loc ated at the podium. 2.M iscellaneous 3.Discussion of Work S ession Agenda Item as T ime P ermits 4.Adjourn C IT Y C O UNC IL M E E T I NG City Hall Council Chambers S eptember 24, 2018 AGE NDA 1.Informal Open Forum with City Council - 6:45 p.m. Provides an opportunity for the public to address the C ounc il 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 c ampaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the C ounc il will be for c larific ation only. Open Forum will not be used as a time for problem solving or reac ting to the comments made but, rather, for hearing the c itizen for informational purposes only. 2.Invocation - 7 p.m. 3.Call to Order Regular Business M eeting The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City C ounc il packet is available to the public . The packet ring binder is loc ated at the podium. 4.Roll Call 5.P ledge of Allegiance 6.Approval of Agenda and Consent Agenda The following items are c onsidered to be routine by the C ity Council and will be enac ted 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 c onsent agenda and considered at the end of Council Consideration I tems. a.Approval of Minutes - Motion to approve the minutes for: September 10, 2018 Study Session September 10, 2018 Regular Session September 10, 2018 Work Session b.Approval of L icenses - Motion to approve of the presented licenses c.Resolution A ccepting Work Performed and Authorizing Release of F unds for Certain F inancial Guarantees Being Held by the City - Motion to approve a resolution Resolution Accepting Work Performed and Authorizing Release of Funds for Certain Financial Guarantees Being Held by the City d.Resolution Declaring Public Nuisance and Ordering the Removal Dead Tree - It is recommended that the City Council declare a public nuisance and order the removal of dead trees for certain properties as listed in the resolution. e.Resolution Opposing Off Sale of any Strong Beer, S pirits & W ine at any Outlet Other than a Brooklyn Center Municipal L iquor S tore - Motion to Approve a Resolution Opposing Off Sale of any Strong Beer, Spirits and Wine at any Outlet Other than a Brooklyn Center Municipal Liquor Store f.An Ordinance A mending Chapters 1 and 19 of the City Code of Ordinances Regarding Chickens - Motion to approve the first reading of the ordinance and call for a public hearing and second reading which will be held on October 22, 2018. 7.P resentations/Proclamations/Recognitions/Donations a.National S uicide Prevention Awareness Month - Motion to Proclaim September as National Suicide Prevention Awareness Month. 8.P ublic Hearings a.An Ordinance A mending Chapter 27 of the City Code of Ordinances Relating to S now Event Parking Restrictions - Motion to open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Amending Chapter 27 of the City of Ordinances Relating to Traffic Ordinances and Snow Parking Restrictions. b.Resolution and Continued Special Assessment Hearing for P roposed S pecial Assessments for A dministrative Fines - Motion to reopen the public hearing, to close the public hearing and approve the resolution Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls 9.P lanning Commission Items a.Resolution Regarding the Recommended Disposition of P lanning Commission A pplication No. 2018-015 S ubmitted by Von P etersen of T S P, I nc. on behalf of Brooklyn Center School District, Requesting S ite and Building P lan A pproval (L ocated at 1500 59th Avenue North) - Motion to approve a Resolution Regardi ng the Recommended Disposition of Pl anni ng Commissi on Application No. 2018-015 Submitted by Von Petersen of T SP, Inc. on behalf of Brooklyn Center School District, Requesting Site and Building Plan Approval (Located at 1500 59th Avenue North) b.Resolution Regarding the Recommended Disposition of P lanning Commission A pplication No. 2018-016 S ubmitted by L ux A partments, L L C, for an Amendment to the 1992 Planned Unit Development Plans and Documents and P arking/Site I mprovements (L ocated at 6100 S ummit Drive North) - Motion to approve a Resolution Regardi ng the Recommended Disposition of Pl anni ng Commissi on Application No. 2018-016 Submitted by Lux Apartments, LLC, for an Amendment to the 1992 Planned Unit Development Pl ans and Documents and Parking/Site Improvements (Located at 6100 Summit Drive North) 10.Council Consideration Items a.Resolution A pproving the Preliminary Tax Capacity L evy for the General Fund and Debt S ervice Funds and a Market Value Tax L evy for the Housing and Redevelopment Authority for P roperty Taxes P ayable in 2019 and Resolution Adopting a P reliminary Budget for the 2019 Fiscal Year - Motion to Approve a Resolution Approving the Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable in 2019 - Motion to Approve a Resolution Adopting a Preliminary Budget for the 2019 Fiscal Year b.Resolutions A pproving Type I V 6-Month P rovisional Rental L icenses I t is recommended that the City Council approve resolutions approving Type I V - 6 Month Rental L icenses for: 5715 E merson Ave N 6740 Grimes P l 7131 Halifax Ave N 4200 J oyce L ane 7030 Regent Ave N 11.Council Report 12.Adjournment COU N C IL ITEM MEMOR ANDUM DAT E:9/24/2018 TO :C urt Boganey, C ity Manager T HR O UG H:R eggie Edwards, Deputy C ity Manager F R O M:Barb S uciu, C ity C lerk S UBJ EC T:Approval of Minutes Requested Council Action: - M otion to approve the minutes for: S eptember 10, 2018 S tudy S ession S eptember 10, 2018 R egular S ession S eptember 10, 2018 Work S ession Background: S trategic Priorities and Values: O perational Exc ellenc e 09/10/18 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY/WORK SESSION SEPTEMBER 10, 2018 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study/Work Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Public Works Doran Cote, Deputy Director of Public Works Mike Marsh, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kujawa- Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion on Item 8b, in particular he asked about the delinquent accounts and asked if the past due amounts have an impact on the fees the City has to pay or charge. City Manager Curt Boganey stated it may affect the amount we charge for other utility bills. Mr. Boganey stated if we did the math it would probably show that we end up collecting more money when people pay their utility bills late, due to the fees charged for late payments. He stated we don’t want to see people having to pay extra fees and having their bills added to their taxes. He stated low income residents who can’t pay their bill so the extra fees added to those bills compound the problem. Councilmember Graves requested discussion on Item 6c and asked if staff has taken any ideas she has mentioned in the past regarding helping tenants, into mind and put them into action yet. Mr. Boganey stated we are not proposing any changes at this time but stated if prompted by the City C ouncil they will go back and gather more information and move forward from there. Mr. Boganey stated he wants to make sure the City Council is aware that on the agenda tonight they will be voting to suspend licenses for all tobacco sales while they review the ordinance. He noted they have one application for tobacco that came in for Casey’s Store and the city plans to process it because it was received prior to the City Council making a decision on suspending the tobacco licenses. 09/10/18 -2- DRAFT City Attorney Troy Gilchrist stated the tobacco license issue is 10a on the agenda this evening, so there will be an opportunity for them to discuss it. MISCELLANEOUS Councilmember Lawrence-Anderson stated tomorrow evening the Candidate Forum will be held and asked if Mayor Willson will be at the forum or the neighborhood meeting because they are at the same time. Mayor Willson stated he will attend both and go from one to the other. Councilmember Lawrence-Anderson stated she wanted to make sure someone was at each event to represent the City Council and noted she will attend the Candidate Forum. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS BACKYARD CHICKEN ORDINANCE City Manager Boganey introduced this item and called Jesse Anderson, Deputy Director of Building and Community Standards, to present the background, purpose and overview of what the Housing Commission is proposing for this ordinance. Councilmember Lawrence-Anderson stated she is on the fence about this issue due to concerns regarding feces, odor, and feeling that the winters are too harsh for the structures most people tend to have chickens in. She would like to see all homes that keep chickens to be registered or somehow kept track of. Councilmember Ryan asked if there is a consensus from the City Council, will it be seen on the agenda with the first reading next. Mr. Anderson stated it is ready to go so anytime, possibly the next meeting, they would see it on the agenda. Councilmember Ryan asked how nuisance odors would be monitored. Mr. Anderson stated it would be handled like they handle dog nuisances; they will get a complaint and an inspector will go check the issue and if it is indeed a violation the owner would be cited. Councilmember Lawrence-Anderson stated she would want to know who would be liable if a chicken escaped because she wouldn’t want to be liable for her dogs killing a chicken if it escaped. She noted she would also like to know what happens to the chicken when they are done laying eggs. Councilmember Butler stated the issue of what will they do with the hen once she is done laying eggs came up at the Housing Commission meeting and most of the people stated they would keep it as a pet or give it to a friend who has a farm. She stated she thinks they have educated themselves and addressed all issues on this topic and believes it should be passed. She noted there will always be people who will break the rules in any situation but that shouldn’t prevent the people who want to keep chickens that have done their research and provided their plans from being able to do so. 09/10/18 -3- DRAFT This item reached conclusion later in the evening during the Work Session. ADJOURNMENT Mayor Willson adjourned the Study/Work Session to Informal Open Forum at 6:45 p.m. Motion passed unanimously. 09/10/18 -1- 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 SEPTEMBER 10, 2018 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Deputy Director of Public Works Mike Marsh, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Todd Hennings, 1900 Brookview Drive, addressed the City Council. He addressed the bird flu concerns with CDC reports. He stated chickens eat mice, they can smell but not anymore than a dog or cat might smell. He stated they can cluck but not much and it usually happens when they are laying eggs but are much quieter than some dogs. He stated they don’t know what they would do with hens after laying happens but he doesn’t think anyone would put their dog down at 5. Anna Cooper, 3206 61 st Avenue North, addressed the City Council regarding backyard chickens. She stated at-large animals were brought up and noted that if an animal is at-large, whether it is a chicken or a dog, then whatever happens to them is on the owner. Todd Hennings, 1900 Brookview Drive, addressed the City Council again and stated chickens are like ducks. They down up and to keep themselves warm in the winter and they use each other to stay warm. He also noted they keep netting or wire over the top of the coops to keep chickens from escaping. Councilmember Graves moved and Councilmember Butler seconded to close the Informal Open Forum at 6:59 p.m. Motion passed unanimously. 09/10/18 -2- DRAFT 2. INVOCATION Councilmember Butler recited a quote by former President Obama requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Deputy Director of Public Works Mike Marsh, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 16, 2018 - Joint Work Session with Planning Commission 2. August 20, 2018 - Joint Work Session with Financial Commission 3. August 27, 2018 - Study Session 4. August 27, 2018 - Regular Session 5. August 27, 2018 - City Council/EDA Work Session 6b. LICENSES MECHANICAL Boys (Mechanical) Electric LLC 490 Villaume Avenue, So. St. Paul Deschene Enterprises, Inc. 10131 James Avenue NE, Otsego General Heating & Air Conditioning 11081 Chaparral Avenue, Shakopee J Dubs LLC 11703 River Hills Drive, Burnsville NAC Mechanical & Electric Services 1001 Labore Industrial Crt, Ste. B, Vadnais Heights Northwest Heating & Cooling 434 Taylor Street, Anoka Solid Refrigeration LLC 1125 American Blvd. E, Bloomington 09/10/18 -3- DRAFT RENTAL INITIAL (TYPE IV – six-month license) 1112 Emerson Lane N Mark Ronea INITIAL (TYPE II – two-year license) 5024 71 st Avenue N Marc Toscano 6319 Indiana Avenue N Fola Ogundipe 5407 Irving Avenue N Mark Gonzales 6225 June Avenue N Marc Toscano RENEWAL (TYPE III – one-year license) 1308 68 th Lane N Konrad Wagner c/o Phil Beaumia 5444 Humboldt Avenue N Melanie Boes RENEWAL (TYPE II – two-year license) 1329 63 rd Lane N Vicki Krokum 3312 64 th Avenue N Xuyan Janet Lang 1323 67 th Lane N Ali Sajjad/786 Homes LLC 1309 68 th Lane N Amanda Frost/Nelson 4935 Abbott Avenue N Robert Anderson 7025 Newton Avenue N Steve Branham RENEWAL (TYPE I – three-year license) 5338-40 Queen Avenue N Thanh Kim Oan 5807 Drew Avenue N Jose Antonio Villagrana 5643 Knox Avenue N Jason Flaa 6c. APPROVAL OF THE FIRST READING OF THE AMENDMENT TO THE RENTAL LICENSING ORDINANCE, SET THE SECOND READING AND PUBLIC HEARING FOR OCTOBER 8, 2018, AND APPROVE THE AMENDED RENTAL LICENSE CATEGORY CRITERIA POLICY 6d. RESOLUTION NO. 2018-156 APPROVING PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT 6e. RESOLUTION NO. 2018-157 DECLARING PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS - None. 8. PUBLIC HEARINGS 09/10/18 -4- DRAFT 8a. RESOLUTION NO. 2018-158 CERTIFIYING SPECIAL ASSESSMENTS FOR ADMNINSTRATIVE FINES/CITATIONS Deputy Director of Building and Community Jesse Anderson introduced the item, discussed the history, and stated the purpose of the proposed resolution. He noted the abatement issue has been resolved and the updated tax rolls sheet has been provided to the council. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Mr. Pelkey, 3318 50 th Avenue North, addressed the City Council. He stated he is contesting the fees he is being charged. He stated he has already addressed these fees and doesn’t understand why he had to take time out of his day to come here to address them again. Ms. Graham, 6138 Colfax Avenue North, addressed the City Council. She stated she has already paid the fees and is not sure why she continues to be bothered with the bill. Mr. Hagen, 4207 Lakeside Avenue, Apt. 240, addressed the City Council. He stated he paid his bill already and is not sure why he is still getting them. Mr. Lee, 6612 Ewing Avenue, addressed the City Council. He stated he isn’t sure what the citation is for and noted he just purchased the house on February 2, 2018. Councilmember Ryan moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2018-158 Approving Special Assessments for Administrative Fines/Citations. Motion passed unanimously. 8b. RESOLUTION NO. 2018-159 CERTIFIYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS Finance Director Nate Reinhardt introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to open the Public Hearing. 09/10/18 -5- DRAFT Mr. Jappah, 5338 Logan Avenue addressed the City Council. He stated he is looking for a little more time to pay the fees in the citations. Councilmember Butler moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2018-159 Approving Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Property Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2018-014 and advised the Planning Commission recommended approval of the applications at its August 30, 2018 meeting. 9a. RESOLUTION NOS. 2018-160 AND 2018-163 APPROVING PLANNING COMMISSION APPLICATION NO. 2018-014, REQUESTING PRELIMINARY AND FINAL PLAT APPROVAL AND SITE AND BUILDING PLAN APPROVAL FOR 7256 UNITY AVENUE NORTH Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2018-160 Regarding Recommended Disposition of Planning Commission Application No. 2018-014 Submitted by Dan Walsh of Community Housing Development Corporation, requesting approval of the Preliminary and Final Plat for Unity Place (Located at 7256 Unity Avenue North. Motion passed unanimously. Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2018-163 Regarding Recommended Disposition of Planning Commission Application No. 2018-014 Submitted by Dan Walsh of Community Housing Development Corporation, requesting Site and Building Plan Approval (Located at 7256 Unity Avenue North). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2018-161 TEMPORARILY SUSPENDING THE ISSUANCE OF NEW LICENSES FOR SALE OF TOBACCO OR TOBACCO RELATED PRODUCTS 09/10/18 -6- DRAFT City Manager Boganey introduced this item. City Attorney Gilchrist stated based on the conversation during the work session and in particular to the application that has been received, he thinks it would be in the best interest of the City Council to make a decision on the license application for tobacco license before they move forward with a motion on the application. Attorney Gilchrist suggested they add an amendment to the language of the Resolution. Mayor Willson stated historically if an application has been received prior to the approval of suspension, the item would be grandfathered in. If any changes made were made tonight it would not affect the process. City Attorney Gilchrist agreed with this is true with zoning but with licensing the council has more power. He suggested adding a number 4, stating, the suspension directed by this resolution shall be in effect immediately, but shall not apply to any new application received prior to the adoption of this resolution. This will make the information more clear. Mayor Willson indicated this is a valid suggestion. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve RESOLUTION NO. 2018-161 Regarding Temporarily Suspending the Issuance of New Licenses for Sale of Tobacco or Tobacco Related Products as amended by adding number 4 stating the suspension directed by this resolution shall be effective immediately, but shall not apply to any new application received prior to Motion passed unanimously. 10b. RESOLUTION NO. 2018-162 APPROVING TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6501 BROOKLYN DRIVE Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight’s meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Item 10b. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2018-162 approving the issuance of a Type IV six-month provisional rental license and mitigation plan for 6501 Brooklyn Drive, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 11. COUNCIL REPORT 09/10/18 -7- DRAFT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • September 11, 2018: League of MN Women Voters Forum Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • September 8, 2018: Farmers Market • September 11, 2018: Neighborhood Meeting and League of MN Women Voters Forum Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • August 29, 2018: Brooklyn Middle School’s Open House • August 30, 2018: Birch Grove Elementary Open House • August 30, 2018: Youth Motivation Festival at Central Park • September 7, 2018: William English Black Business Association Meeting Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • September 11, 2018: Neighborhood Meeting and the League of MN Women Voters Forum • September 12, 2018: Top Golf Event Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • August 28, 2018: Rotary Lunch • August 31, 2018: Mayor’s Minute taping • September 7, 2018: Liberia Delegation Meeting with City Manager, Police Chief and Deputy City Manager Edwards • September 7, 2018: Kenyan Intercity Organization Church Meeting 12. ADJOURNMENT Councilmember Graves moved and Councilmember Butler seconded adjournment of the City Council meeting at 7:54 p.m. Motion passed unanimously. 09/10/18 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION SEPTEMBER 10, 2018 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:05 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Deputy Director of Public Works Mike Marsh, Community Development Director Meg Beekman, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. BACKYARD CHICKEN ORDINANCE - Continued Councilmember/Commissioner Ryan asked if City Attorney can say what the laws are around having access to the backyard of someone. City Attorney Troy Gilchrist stated it is tricky when you are looking to get onto someone’s property that you cannot see openly from a public location. He stated there is a process where an administrative warrant can be obtained to go onto their property if needed. He stated in some cases an upset neighbor may be more than willing to let City staff onto their property to show what they see and what the nature of the complaint may be. The majority consensus of the City Council/EDA was to direct staff to move forward with the recommendations provided by the Housing Commission and staff. BC LIQUOR MARKET STUDY Robert Strachota President, Shenehon Company, addressed the City Council/EDA. He reviewed the findings from their research on the liquor store market analysis. Mr. Strachota provided the main recommendations for the City Council/EDA based on the results of the research that would help maximize profitability. Mr. Strachota stated he would start with purchasing property #1 because it is the location bringing in the most revenue and the lease is almost up for renewal. He provided some thoughts 09/10/18 -2- DRAFT on moving different beverages from one store to another based on the amount being purchased from each location. Councilmember/Commissioner Ryan stated he is in favor of owning the properties instead of leasing as well. The majority consensus of the City Council/EDA was to accept the report and findings by Shenehon Company. ADJOURNMENT Councilmember/Commissioner Graves moved and Councilmember/Commissioner Butler seconded adjournment of the City Council/Economic Development Authority Work Session at 8:44 p.m. Motion passed unanimously. COU N C IL ITEM MEMOR ANDUM DAT E:9/24/2018 TO :C urt Boganey, C ity Manager T HR O UG H:R eggie Edwards, Deputy C ity Manager F R O M:R ozlyn Tous ignant, Deputy C ity C lerk S UBJ EC T:Approval of Licens es Requested Council Action: - M otion to approve of the presented licenses Background: T he following bus inesses/pers ons have applied for C ity licens es as noted. Eac h busines s /person has fulfilled the requirements of the C ity O rdinanc e governing respec tive lic enses, submitted appropriate applic ations , and paid proper fees . Applicants for rental dwelling licens es are in compliance with C hapter 12 of the C ity C ode of O rdinances, unless comments are noted below the property addres s on the attached rental report. ME C HAN IC AL C ON T R AC TOR AirTech T hermex, LLC 4918 W. 35th S treet, S t. Louis P ark, 55416 Heating & C ooling Des ign Inc .13234 Urbank C t NE, Blaine, 55449 Knott Mechanic al Inc .3051 220th S t. E, P rior Lake, 55372 MNP Mec hanical LLC 16320 Harvard Dr., Lakeville, 55044 P ierc e R efrigeration 1920 2nd Ave, Anoka, 55303 TOB AC C O R E LAT E D P R O D UC T S C asey's R etail C ompany dba: C asey's G eneral S tore 2101 F reeway Blvd, Brooklyn C enter, MN 55430 S trategic Priorities and Values: S afe, S ecure, S table C ommunity COUNCIL ITEM MEMORANDUM 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 Rental License Category Criteria Policy – Adopted by City Council 09-10-2018 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I – 3 Year 1-2 units 0-2 3+ units 0-0.75 Type II – 2 Year 1-2 units Greater than 2 but not more than 5 3+ units Greater than 0.75 but not more than 1.5 Type III – 1 Year 1-2 units Greater than 5 but not more than 9 3+ units Greater than 1.5 but not more than 3 Type IV – 6 Months 1-2 units Greater than 9 3+ units Greater than 3 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Pr o p e r t y A d d r e s s Dw e l l i n g Ty p e Re n e w a l or I n i t i a l Ow n e r Pr o p e r t y Co d e Vi o l a t i o n s Li c e n s e Ty p e Po l i c e CF S * Fi n a l Li c e n s e Ty p e * * Pr e v i o u s Li c e n s e Ty p e * * * Unpaid UtilitiesUnpaid Taxes 52 0 7 6 3 r d A v e N S i n g l e F a m i l y I n i t i a l S a m u e l C a r r i l l o 2 I 0 I I O K O K 62 6 1 B r o o k l y n D r S i n g l e F a m i l y I n i t i a l R u b e n Z e m p o a l t e c a t l 4 I I 0 I I O K O K 42 0 1 L a k e s i d e A v e # 2 0 3 S i n g l e F a m i l y I n i t i a l C a r y L i e s i n g e r 9 I I I 0 I I I O K O K 47 4 1 T w i n L a k e A v e Si n g l e F a m i l y I n i t i a l Jo s e p h C h e n e y 4 I I 0 I I O K O K 55 0 0 B r y a n t A v e N 1 B l d g 4 U n i t s R e n e w a l Do n o v a n G i l b e r t (M i s s i n g 1 A R M M e e t i n g ) 1 I 0 I I I I I I O K O K 23 1 8 5 5 t h A v e N Si n g l e F a m i l y R e n e w a l H e l e n O s o n o w o 4 I I 0 I I I V O K O K 28 0 6 6 5 t h A v e N Si n g l e F a m i l y R e n e w a l A - J e l i l A b d e l l a 1 I 0 I I I I O K O K 13 2 5 6 8 t h L n N Si n g l e F a m i l y R e n e w a l Ko n r a d W a g n e r c / o P h i l Be a u m i a 0 I 0 I I V O K O K 29 3 2 6 9 t h L n N Si n g l e F a m i l y R e n e w a l M a y e r l i n g R i o s 1 I 0 I I V O K O K 53 5 6 7 1 s t C i r Si n g l e F a m i l y R e n e w a l X i a o y a n H u 0 I 0 I I I O K O K 49 0 8 A b b o t A v e N Si n g l e F a m i l y R e n e w a l Aa r o n B u r m e i s t e r 4 I I 0 I I I I I O K O K 59 2 7 A l d r i c h A v e N S i n g l e F a m i l y R e n e w a l Y u e L i u 2 I 0 I I O K O K 63 1 5 B r o o k l y n B l v d S i n g l e F a m i l y R e n e w a l R a y m o n d H e 1 I 0 I I I I O K O K 58 1 9 D u p o n t A v e N S i n g l e F a m i l y R e n e w a l T i e t N g u y e n 0 I 0 I I I I O K O K 52 3 0 G r e a t V i e w A v e S i n g l e F a m i l y R e n e w a l JD A G r o u p t L L C c / o J u l i e At k i n s o n 1 I 0 I I I O K O K 70 3 1 H u m b o l d t A v e N S i n g l e F a m i l y R e n e w a l I n v i t a t i o n H o m e s 5 I I 0 I I I V O K O K 40 1 3 J o y c e L a S i n g l e F a m i l y R e n e w a l F r e d e r i c k H e i m 1 I 0 I I I O K O K 69 0 7 P a l m e r L a k e D r W S i n g l e F a m i l y R e n e w a l R H A 3 , L L C 9 I I I 0 I I I I I O K O K 59 0 0 P e a r s o n D r S i n g l e F a m i l y R e n e w a l Ma r y T . P r o p e r t i e s (M i s s i n g 1 A R M M e e t i n g ) 2 I 0 I I I I I I O K O K 67 0 1 S c o t t A v e N S i n g l e F a m i l y R e n e w a l Ol a l e y e O l u w a b u k u n m i Ol a g b a j u 0 I 0 I I I I O K O K 58 1 2 S c o t t A v e N S i n g l e F a m i l y R e n e w a l L a n k i a L a r t e y 3 I I 0 I I I I I O K O K * C F S = C a l l s F o r S e r v i c e f o r R e n e w a l L i c e n s e s O n l y ( I n i t i a l L i c e n s e s a r e n o t a p p l i c a b l e t o c a l l s f o r s e r v i c e a n d w i l l b e l i s t e d N / A . ) ** L i c e n s e T y p e B e i n g I s s u e d Ty p e I = 3 Y e a r T y p e I I = 2 Y e a r T y p e I I I = 1 Y e a r ** * I n i t i a l l i c e n s e s w i l l n o t s h o w a p r e v i o u s l i c e n s e t y p e Al l p r o p e r t i e s a r e c u r r e n t o n C i t y u t i l i t i e s a n d p r o p e r t y t a x e s Re n t a l L i c e n s e s f o r C o u n c i l A p p r o v a l o n S e p t e m b e r 2 4 , 2 0 1 8 Pr o p e r t y A d d r e s s Dw e l l i n g Ty p e Re n e w a l or I n i t i a l Ow n e r Pr o p e r t y Co d e Vi o l a t i o n s Li c e n s e Ty p e Po l i c e CF S * Fi n a l Li c e n s e Ty p e * * Pr e v i o u s Li c e n s e Ty p e * * * Unpaid UtilitiesUnpaid Taxes Re n t a l L i c e n s e s f o r C o u n c i l A p p r o v a l o n S e p t e m b e r 2 4 , 2 0 1 8 COU N C IL ITEM MEMOR ANDUM DAT E:9/24/2018 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Meg Beekman, C ommunity Development Director S UBJ EC T:R esolution Acc epting Work P erformed and Authorizing R elease of F unds for C ertain F inanc ial G uarantees Being Held by the C ity Requested Council Action: - M otion to approve a resolution R esolution Accepting Work P erformed and Authorizing R elease of F unds for C ertain F inancial G uarantees B eing H eld by the C ity Background: Nearly all development projec ts that take plac e in the C ity require applic ants to sign a P erformance Agreement, and to depos it with the C ity a financ ial guarantee, whic h is held to ens ure that s pecific site improvements are completed in ac cordance with approved plans. F inanc ial guarantees may be in the form of cash, a letter of credit, or the is s uance of a bond in favor of the C ity. T he performance agreements detail the spec ific improvements that the financ ial guarantee is c overing, and outline the terms under which the financial guarantees may be releas ed or reduc ed by the C ity. Typic al improvements inc luded are site grading, landsc aping, s odding, irrigation, c urb and gutter, stormwater, s idewalks , handicapped ramps , fenc ing, rooftop s creening, trash enclosures , and eros ion control during cons truction. T hes e are items that are at a greater risk of being incomplete at the time that a developer is s eeking a c ertific ate of oc cupanc y (C O ), and thus the financial guarantee assures that they are completed, even after a C O is is s ued. I n the event of a developer default and a project is abandoned, the C ity may also use the financial guarantee to ensure that the site is safe and secure. F or performance agreements that predate 2015, C ity C ounc il ac tion is required to reduc e or releas e the financial guarantee. P as t practice has been to hold the guarantees until property owners have reques ted them, thus the C ity is holding many active financial guarantees that have long since been s atisfied. R ecently, representatives of G atlin Development C ompanies reques ted that bonds being held for S hingle C reek C ros s ing dating from 2012 be releas ed. In searc hing for doc umentation on thes e bonds , s taff found financ ial guarantees being held for a number of other projec ts that could also be released. Performance Agreements T he C ity has active performanc e agreements on a number of projects that have long since been completed, and is holding financ ial guarantees that can be releas ed. S taff is seeking authorization from the C ity C ouncil to releas e the following guarantees : S hingle C reek C ros s ing - P lanning Application No. 2011-009 - T his performance agreement was originally in the amount of $650,000 for s ite improvements related to the initial development of S hingle C reek C ros s ing. O n S eptember 10, 2012, the C ity C ounc il approved a reduc tion in the amount to $75,000, whic h was to be held to ens ure that landsc aping related to the cons truction of Walmart was in place. At this time, s taff is rec ommending that the bond be releas ed, as all of the required improvements were completed. S hingle C reek C ros s ing - P lanning Application No. 2012-019 - T his performanc e guarantee is in the amount of $58,125, and was to ensure c ompletion of grading and turf restoration related to P has e 2 of the S hingle C reek C rossing. T his work has been c ompleted and s taff is rec ommending that the bond be releas ed. S hingle C reek C ros s ing - P lanning Application No. 2013-019 and 2013-020 - T his performanc e guarantee is in the amount of $200,000 and was intended to assure the former Brookdale Mall food c ourt demolition, as well as s ite improvements related to the c onstruc tion of Building B. T hes e improvements have been c ompleted, and staff is recommending that the Letter of C redit be released. S hingle C reek C ros s ing - P lanning Application No. 2012-021 - T his performanc e bond is for $11,330 and was being held to ens ure that landsc aping and sodding was completed with the cons truction of the LA F itnes s . T his work has been completed and staff is recommending that the Bond be releas ed. S hingle C reek C ros s ing - P lanning Application 2013-001 - T his financial guarantee is in the form of $74,000 in cash that the C ity is holding relating to s ite improvements for the P anda Express development. F unds were held to ensure c ompletion of s ite work including grading, landsc aping, s odding, the tras h enc los ure, stormwater improvements , and s treet work. All work has been completed and s taff is rec ommending that the C ity releas e the funds bac k to the property owner. S trategic Priorities and Values: Targeted R edevelopment 1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING RELEASE OF FUNDS FOR CERTAIN FINANCIAL GUARANTEES BEING HELD BY THE CITY WHEREAS, the City requires, as a condition of approval for certain planning applications, that the applicant enter into a performance agreement and submit a financial guarantee to be held by the City to ensure site improvements are completed according to approved plans and in a timely manner; and WHEREAS, the performance agreements detail the specific improvements that are included, and outline the terms under which the financial guarantees may be released or reduced by the City; and WHEREAS, the City Council may release financial guarantees upon accepting work performed, or reduce financial guarantees based on the amount of improvements left incomplete; and WHEREAS, the City has received requests from representatives of developments within the Shingle Creek Crossing development that certain financial guarantees be released; and WHEREAS, the City staff has inspected the properties for compliance with the performance agreements and has determined that all required site improvements have been complete and all conditions of the performance agreements have been fulfilled. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it hereby approves and accepts all of the work required to be undertaken, and agrees to release any remaining amounts of the financial guarantees, regarding the following applications/projects: 1. Shingle Creek Crossing; Planning Application No. 2011-009; 2. Shingle Creek Crossing; Planning Applications No. 2012-019; 3. Shingle Creek Crossing; Planning Application Nos. 2013-019 and 2013-020; 4. Shingle Creek Crossing; Planning Application No. 2012-021; and 5. Shingle Creek Crossing; Planning Application No. 2013-001. RESOLUTION NO. ____________________________ September 24, 2018 Date Tim Willson, Mayor ATTEST: Barbara Suciu, 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. COU N C IL ITEM MEMOR ANDUM DAT E:9/24/2018 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Doran C ote, P ublic Works Director S UBJ EC T:R esolution Dec laring P ublic Nuisance and O rdering the R emoval Dead Tree Requested Council Action: - It is recommended that the C ity C ouncil declare a public nuisance and order the removal of dead trees for certain properties as listed in the resolution. Background: T he attac hed res olution repres ents the official C ity C ounc il ac tion required to expedite removal of dead trees that were recently marked by the C ity Tree Ins pector and have become a public s afety issue due to being a hazard. T he removal of dead trees is defined in C ity O rdinanc e C hapter 20-202 and 19-101 through 19-106. P roperty owners are given the opportunity to remove the dead tree on their own or enter into an agreement to allow the C ity to remove the dead tree. A minimal administrative c harge of $50 is applied to the c os ts as s ociated with the tree removal when an agreement with the property owner is exec uted. If the owner does not res pond within ten (10) days , they are provided with a s econd notic e notifying them of the C ity C ouncil meeting where the dead tree is declared a public nuis anc e. If the property owner does not correc t the violation or enter into an agreement, the C ity will remove the dead tree. A minimum administrative abatement s ervic e c harge of $150 will be impos ed based on the c os t of the abatement. Budget Is s ues: T he c os t of removal of dead trees loc ated on private property is the res ponsibility of the res pective property owner, and if unpaid, is spec ially as s es s ed to the property. Budget Issues: T he c os t of removal of dead trees loc ated on private property is the res ponsibility of the res pective property owner, and if unpaid, is spec ially as s es s ed to the property. S trategic Priorities and Values: Enhanc ed C ommunity Image Member introduced the following resolution and moved its adoption: RESOLUTION NO._______________ RESOLUTION DECLARING PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREE WHEREAS, Brooklyn Center City Code Section 20-202 and 19-101 through 19- 106, declares any dead tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and WHEREAS, removal of dead trees and abatement of the public nuisance is necessary to prevent the hazard and to protect the safety of the public in neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Dead Tree Removal Agreement has been issued to the owners of certain properties in the City giving the owners ten (10) days to remove dead trees on the owners’ property; and WHEREAS, the City can expedite the removal of these dead trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The dead tree at the following address is hereby declared to be a public nuisance. Property Address Tree Type Tree Number 6811 Colfax Ave nue N Pine 55 2. After ten (10) days from the date of the initial notice, the property owner(s) was notified of the City Council action regarding the determination by the City Council declaring the dead tree a public nuisance. 3. The property owner(s) will receive a final written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 4. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with City codes and Minnesota Statutes Chapter 429. RESOLUTION NO._______________ September 24, 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. COU N C IL ITEM MEMOR ANDUM DAT E:9/24/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Nate R einhardt, F inance Director F R O M:Tom Agnes , Liquor O perations Manager S UBJ EC T:R esolution O ppos ing O ff S ale of any S trong Beer, S pirits & Wine at any O utlet O ther than a Brooklyn C enter Municipal Liquor S tore Requested Council Action: - M otion to Approve a R esolution O pposing O ff S ale of any S trong B eer, S pirits and Wine at any O utlet O ther than a B rooklyn C enter M unicipal L iquor S tore Background: In Brooklyn C enter, our liquor operation has been s trong for many years inc luding $315,254 in net profit in 2017 and trending ahead that amo unt for 2018. T hes e p ro fits provid e s ignificant fund ing to the C ity's C apital Improvement F und . BC Liq uor emp lo ys s ix full-time emp lo yees and thirty part-time emp lo yees at our two locations. O ur bus iness is being threatened by c hanges to MN liq uor laws at the s tate level. I n the las t legis lative s es s ion there were bills intro d uc ed allowing wine, beer and spirits to be s o ld in gro cery and c o nvenience s tores , and it is expec ted to b e introduced again next year. No t only would o ur sales and profit b e threatened , by massively expanding liquor outlets it would reduc e are ability to c ontrol the s ales and provide a s afe c ommunity. T he MMBA (Minnesota Municipal Beverage Assoc iation) is as king cities all o ver the state to partic ipate in pas s ing the attac hed res o lutio n. Las t time this is s ue s urfac ed over 120 cities participated with a similar res olution. Brooklyn C enter has been a member of the MMBA organization for many years . We as k that C ity C ounc il c onsider pas s ing this res olution to keep our organization strong and our c ontrol of the liquor bus iness s afe and sec ure for many years to come. Budget Issues: If this passed at the state level we would see decreased s ales and dec reas ed revenues and a mas s ive expans ion of liquor outlets . S trategic Priorities and Values: S afe, S ecure, S table C ommunity Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION OPPOSING OFF SALE OF ANY STRONG BEER, SPIRITS & WINE AT ANY OUTLET OTHER THAN A BROOKLYN CENTER MUNICIPAL LIQUOR STORE WHEREAS, the sale of strong beer, spirits and wine for off premise consumption, in any Brooklyn Center business outlet, other than the municipal liquor stores, could limit the City’s ability to control responsible sales with limited city outlets and accessibility. WHEREAS, the sale of strong beer, spirits and wine in any Brooklyn Center business outlet, for off premise consumption, other than the municipal liquor stores would be damaging, injurious and otherwise detrimental to the financial status of the Brooklyn Center municipal liquor stores and the City itself. NOW, THEREFORE, BE IT RESOLVED that the City Council of Brooklyn Center, State of Minnesota, hereby express our opposition to the sale of strong beer, spirits and wine, for off premise consumption, in the City ot her than at the Brooklyn Center Municipal Liquor Stores. September 24, 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. COU N C IL ITEM MEMOR ANDUM DAT E:9/24/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Meg Beekman, C ommunity Development Director F R O M:Jesse Anders on, Deputy Direc tor of C ommunity Development S UBJ EC T:An O rdinance Amending C hapters 1 and 19 of the C ity C ode of O rdinanc es R egarding C hickens Requested Council Action: - M otion to approve the first reading of the ordinance and call for a public hearing and second reading which will be held on O ctober 22, 2018. Background: T he Brooklyn C enter C ity C ouncil reviewed the draft ordinance propos ed by the Housing C ommis s ion at the S eptember 10, 2018 C ounc il Work s es s ion. S taff were ins tructed to proc eed with the ordinance as proposed. At the C ity C o unc il O pen F orum multip le reques ts have b een mad e b y res id ents to allo w chickens at res idential homes . T he C ity C ounc il reques ted that the Hous ing C ommission review and provide recommendation to the C ity C ounc il. T he Hous ing C ommis s ion dis cus s ed the is s ue of b ackyard chickens extens ively at their May, June, and July meetings. T hey reviewed s imilar ordinanc es fro m neighboring c o mmunities, as well as dis c us s ing the spec ific effects of an o rd inance in Bro o klyn C enter. S up p o rters of the ordinanc e als o were present at the Housing C ommis s ion meetings to answer ques tions of the C ommissioners and to provide bac kground information. T he fo llo wing is a s ummary o f rec o mmendatio ns from the Ho using C ommission related to the keep ing of backyard chickens: No R oosters No more than 6 Hens Allows for a C hic ken C oop Allows for a C hic ken R un F urther, the Hous ing C ommission d id d is c us s the to p ic of whether o r not to req uire a licens e o r regis tration for bac kyard chickens. T he Hous ing C o mmis s io n conclud ed that regis tratio n o r a licens e s ho uld no t be required due to the fac t that the C ity does not currently licens e other animals and the lic ensing would be an inc reas ed burden on city s taff. T he Hous ing C ommission rec ommended that S taff move forward with the ordinanc e based on their dis cus s ions. T he C ity Attorney reviewed the ordinanc e, which is attached. Budget Issues: T here are no budget cons ideration relating to the propos ed ordinanc e amendments . S trategic Priorities and Values: S afe, S ecure, S table C ommunity 1 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22 day of October, 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 chickens. 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 CHAPTERS 1 AND 19 OF THE CITY CODE OF ORDINANCES REGARDING CHICKENS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Section 1-101 setting out definitions is amended as follows and by renumbering the provisions in this Section as needed: 1. Animal. Animal means dogs, cats, and chickens. _. Chicken. Chicken means a domesticated bird (Gallus gallus domesticus), typically used as a source of meat or eggs. For the purposes of Section 1-130, all references to chickens are to hens. _. Chicken Coop. Chicken coop means a structure for the keeping or housing of chickens permitted by this Chapter. _. Chicken Run. Chicken run means a fully-enclosed and covered area attached to a coop where the chickens can roam unsupervised. _. Hen. Hen means a female chicken. _. Rooster. Rooster means a male chicken. Article II . Brooklyn Center City Code is amended by adding a new Section 1-130 regarding chickens as follows: Section 1-130. CHICKENS. 1. Keeping. Up to six (6) chickens may be kept on a single-family or two-family residential property in the R1 and R2 Zoning Districts. Only hens may be kept pursuant to this Section. The keeping of one or more chickens in any other zoning district in the City is prohibited. 2. Requirements. Chickens allowed by this Section shall be kept in accordance with 2 all of the following: a. Ownership Occupancy. The owner of the chickens shall live in the dwelling on the same property as the chickens are kept. If the property is not owner- occupied, then the property owner must provide a written statement to the City of permission for the occupants to keep chickens at the property. b. Chicken Coops and Runs. Chickens shall be kept at all times in a chicken coop or chicken run that complies with the requirements of this Section. 3. Chicken Coops and Chicken Runs. Chicken coops and chicken runs shall comply with the following requirements and restrictions. a. The area covered by a chicken coop and a chicken run is limited to a combined total of no more than 120 square feet and shall not exceed six (6) feet in height. b. Any chicken coop that exceeds 30 square feet shall be considered an accessory structure and must meet all requirements in Section 35-530 of this Code. c. All applicable building, property maintenance, and zoning requirements of Chapter 35 of this Code. d. All electrical work shall be done in accordance with applicable codes and any required permits shall be obtained. e. A chicken coop shall: 1) Be fully enclosed, wind proof, and constructed so as to prevent escape by any chickens or entrance by migratory birds; 2) Be winterized to protect the chickens in cold weather; and 3) Be constructed with architecturally appropriate building materials including exterior grade siding and either a metal, composite or shingled roof, or in the alternative, coop shall be purchased from a commercial source that constructs structures specifically to be used as coops for chickens. f. A chicken run shall: 1) Be fully enclosed with a fence that is securely constructed with mesh type material no larger than one (1) inch; and 2) Be covered by protective overhead netting to keep chickens separated from other animals. 3 g. Be located in accordance with all of the following: 1) Entirely in the rear yard of the property; 2) At least five (5) feet from side or rear lot lines and shall not be erected, altered, or moved, within six (6) feet of the principle building, as measured from exterior wall to exterior wall; 3) At least thirty (30) feet from all dwellings on adjacent properties; and 4) Shall not be located closer to an adjacent street than the owner’s dwelling. h. Shall be removed and the site restored if the keeping of chickens is discontinued for more than six (6) months. 4. Prevention of Nuisance Conditions. Owners shall care for chickens in a humane manner and shall prevent nuisance conditions by ensuring that all of the following conditions are met. a. The chicken coop and chicken run shall be maintained in good repair, and in a clean and sanitary manner free of vermin and objectionable odors. b. Feces and discarded feed shall be regularly collected and stored in a leak-proof container with a tight-fitting cover to prevent nuisance odors and the attraction of vermin until it can be disposed of properly. c. Chicken feed shall be stored in leak-proof containers with a tight-fitting cover to prevent attracting vermin. d. Chickens shall be secured inside of a chicken coop from sunset to sunrise each day to prevent nuisance noise and attracting predators. e. Chickens shall remain in either the chicken coop or chicken run at all times and shall be allowed to not run at large. 5. Prohibitions. All of the following are prohibited within the City and constitute a violation of this Code. a. Keeping of roosters. b. Cockfighting. c. Slaughter of chickens. d. Raising chickens for breeding purposes. 4 e. Keeping of chickens over the age of four (4) weeks inside of a dwelling or garage. f. Commercial sale of poultry or eggs produced on the property. Article III . Brooklyn Center City Code, Section 19-104 is hereby amended as follows: Section 19-104. LIMITATIONS ON KEEPING OF ANIMALS. It is hereby declared to be a public nuisance to permit, maintain or harbor any of the following: 1. More than two (2) dogs exceeding six months of age. 2. More than three (3) cats exceeding six months of age. 3. Any combination of more than five (5) animals exceeding six months of age. 4. Horses, cows, sheep, pigs, goats, swine, mules, llamas, or other hoofed animals, chickens, ducks, geese, or other agricultural animal or domestic fowl. 5. Live wild animals, reptile, or fowl, of types that are not naturally tame or gentle but are of a wild nature or disposition that, because of their size, vicious nature, or other characteristics would constitute a danger to human life or property. Examples of such wild animals include, but are not limited to, bears, lions, tigers, jaguars, leopards, bobcat, cougars, cheetahs, lynx, ocelots, wolves, foxes, coyotes, dingoes, jackals, bison, panthers, apes, badgers, raccoons, ferrets, skunks, puma, rattle snakes, coral snakes, water moccasins, or cobras. 6. Any combination of animals and/or fowl of any age kept in such numbers or under conditions which unreasonably annoy, injure, or endanger the health, safety, comfort, repose or welfare of the public or of said animals or fowl. 7. Chickens, except to the extent allowed by Section 1-130 and then only in compliance with that Section. Article IV . 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 5 Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) It is proposed that chickens be removed from Section 19-104. If the city feels chicken keeping needs to be controlled more than is already adequately addressed by the current animal nuisance ordinance, it is proposed that an ordinance pertaining only to chickens be created. The following ordinance pertaining to chickens is then proposed (Proposed Ordinance): 1. Single family homes within the City of Brooklyn Center shall be permitted to keep laying hens for pets and household (not commercial) egg gathering. Those who rent a single or two family residential property is allowed, BUT ONLY IF the property owner provides a written statement to the City, confirming the tenant may have chickens on the property. 2. Roosters and slaughtering are prohibited. 3. Chickens and their enclosures must not be visible from the street. 4. Coops and Runs must be constructed in a workmanship manner, maintained in good repair, and kept clean and sanitary to deter vermin and objectionable odors. Coops and runs may be constructed with wood and. Or woven wire materials to allow chickens to contact the ground. 6. Limit to 6 Hens per household 7. Feed must be kept in a tight lid container and waste must be either composted or discarded appropriately It is unnecessary to require licensing of hens, just as Brooklyn Center does not require licensing of dogs, cats, or any other animals. There is also no need for setback requirements, as outdoor dogs much more likely to jump on fences or bark loudly at neighbors, as well as produce five times the amount of excrement are not required to be kept any distance from the property line. And as signatures of consent are not needed for neighbors to own dogs (large or small, noisy or not), it similarly does not make sense to require hen owners to acquire such consent. These types of unnecessary restrictions do not produce better animal owners and in many cases can be struck down as unconstitutional in the face of established property rights. In the unlikely case that an animal owner is neglectful, their animals will be a nuisance (whether that be dogs, cats, chickens, etc). Since Brooklyn Center already has an animal nuisance ordinance in place, Brooklyn Center residents would remain protected. This is the obvious reason out of your pajamas and head to the store to make a fresh, healthy breakfast. Caged hens are fed a diet of corn, soy and cottonseed eating and can avoid feeding them engineered and antibiotic laden crops. Greater Nutrition- Free range eggs from your backyard have been shown to have a far greater nutritional value than nasty battery eggs. There is more than seven times the Vitamin A and Beta Carotene (essential for good eyesight) and almost double the Vitamin E in free range eggs. When it comes to the essential fatty acid Omega 3 (which is necessary for heart health, healthy cholesterol levels and positive mental and behavioral health) the free range variety win again with an incredible 292mg, versus a 0.033mg in store bought less saturated fat in free range eggs (Left is store bought right is fresh from the coop) Did you know chickens have a great memory and can differentiate between over 100 human or animal faces? They love to play, they dream, they mourn for each other and they feel pain and distress. They also make great mothers they talk to their chicks while still in the egg, and turn the eggs hens have an ordered social structure based on a hierarchy. If you make room for them in your back garden, you and your family will get to learn all about these fascinating creatures up close. is actually classed as being one of the most desirable manures due to its high nutrient level. Utilizing this is an important part of sustainable and organic agriculture. enough fertilizer to take care of your entire vegetable garden and yard for the so great to add to your compost. to ditch the pesticides and chemical-laden bug killers. Your chickens will do that job for you. They eat pretty much any bug including beetles, slugs, ticks and grasshoppers. - Nationwide, food scraps make up about 17% (29 million tons) of what is sent to landfills, and yard waste is slightly more at 33 million tons. Your chickens can help you out here too! In addition to some fruit and vegetable peelings, bread, cooked beans, cooked rice, oatmeal, past on. Chickens may just be the perfect sidekick for every gardener. A source of pest control and manure all in one, they also will rid your garden of those invasive weeds that pop up all over the place. As they scratch and claw the ground, they eat and disperse all those weed seeds that have blown in. Next year, neat and tidy garden. Would you believe there are entire communities dedicated to raising backyard chickens? Just do great way to share your newfound passion with others, to pick up some tips and good for real-life socializing too. Mentioning you keep chickens is a great out these cool creatures. the distance over down on this particular type of environmental impact much more than keeping a source of food in your own back garden. As you also clock up miles getting waste foods away from you and to the landfill, it seems these useful creatures save you miles twice when they gobble up your table scraps too! http://www.naturallivingideas.com/20-convincing-reasons-to-keep-backyard-chickens/ chicken coop is seldom or never cleaned, it will begin to smell, the same is true of a cat box that is never cleaned, or a dog kennel that is never cleaned. There are laws against animal cruelty, animal neglect, animal abuse, and so on that apply to all pets. The bottom line is that responsible people give their pets proper care and provide them with a clean environment. The truth is that a flock of laying hens is actually quiet, far quieter than dogs are. A hen will cackle or squawk when she lays an egg. That occurs once a day or less, depending on the breed and age of the hen, as well as the season. The noise level for the squawk after egg laying is up to 60 decibels at its very loudest, or me range of noise volume made by Lawn mowers and barking dogs register at around 90 -100 decibels, much louder than a few hens. And roosters can be loud, sure about as loud as a barking dog but roosters are not required for egg production. The noise argument is based on basic ignorance about chickens and biology. Many uneducated people think they will hear crowing if their neighbors keep hens for eggs, because they think a rooster is required for egg production regardless of whether a male is around or not, and so does a hen. Remember, roosters are only Presuming you keep everything clean and tidy with your pet chickens just as you would appear from thin air. While it IS true that if there are any pests already in your neighborhood, as attracted to spilled or unsecured cat or dog food, wild bird feed, a koi pond, or even to your or garbage cans or compost piles and all of those probably already exist in most neighborhoods, anyway. Chicken food is no different from any other pet food in that respect. If you do have small rodents in your area, a flock of chickens can actually reduce their number, since some breeds will catch and eat small mice and moles like cats do chickens will eat small snakes, too. Plus, they eat other pests like ticks, mosquitos, grasshoppers and the like. Not true. Take a few moments to read some old news stories about the legalization of due to backyard chickens is EVER cited. Instead, the media will report that opponents simply t real, but is frequently employed to frighten people into a keep a small flock of chickens could attract people to buy. Especially those of younger families who have a desire to be more connected to their food. Rather than driving neighbors apart, chickens are usually conversation starters, particularly unusual breeds like Polish with their huge crests, or Silkies with their fur-like -end items designed to look pretty in the yard. Remember, neighbors who want to keep chickens are just that: your neighbors. They care about the value of their homes and the quality of life in their community just as much as opponents of backyard chickens do maybe more. People who keep backyard chickens are often involved in many other hobbies that add value to your neighborhood, including flower or vegetable gardening, beekeeping, growing fruit trees or berry bushes and so on. Think about it: this is exactly the sort of thing that can enhance community feeling and friendship in your neighborhood. Imagine a neighborhood where your neighbors share berries, fresh eggs, zucchini s what good neighbors do. flocks of laying chickens. For example, New York, Portland, Chicago and Boulder cities with some of the highest property values in the country allow hens. If keeping chickens negatively affected the property values of the communities that permitted them, surely the communities would be taking steps to repeal them based on this mounting evidence, right? This is not happening. Instead, in some areas with high property values, the regulations are actually becoming more permissive with regard to backyard chickens, presumably because these places have found that the quality of life has improved. For example, in 2010, Seattle went from allowing families 3 hens to allowing 8 hens, a much more reasonable number if your family eats egg production. ons and other evidence-less prejudices. There is zero evidence that legalizing pet chickens has affected property values. even be termed an argument. In the United States, no matter where you live, you have basic rights that allow you to property, as disappointing as some may find that to be. If YOU are unduly bothered by your neighbors excess waste or present other actual problems moving out of town and into the country. https://blog.mypetchicken.com/2012/07/20/the-6-silliest-arguments-against-backyard-chickens/ Healthy birds will be active and alert with bright eyes. They will be moving around pecking, scratching, and dusting except on hot days when they will find shade. Chickens that are healthy and active will also talk and sing quietly throughout the day. As far as laying and eating habits, each chicken is different, so monitor each chicken to get a feel for her normal production and consumption. Healthy droppings will be firm and grayish brown, with white urine salts. Chickens raised in backyard settings generally stay healthy and are not easily susceptible to diseases. The easiest way to find disease in chickens is to know what a healthy bird looks like. When a chicken isn t acting normal, for instance if she doesn t run to the food as usual or she wheezes or sneezes, start investigating. The table below lists some possible causes of illness to chickens. Infectious (invasion by another organism) Noninfectious (nonbiological in origin) Bacteria Chemical poisoning Mold and fungi Hereditary defects Parasites Nutritional deficiencies Viruses Unknown causes http://www.extension.umn.edu/food/smallfarms/livestock/poultry/backyard-chicken- basics/ Avian Influenza A Virus Infections in Humans Although avian influenza A virus that usually does not infect people, but rare cases of human infection with these viruses have been reported. No reports of the Avian Influenza in humans have been reported in the United States. Infected birds shed avian influenza virus in their saliva, mucous and feces. Human infections with bird flu viruses can happen when enough viruses This can happen when virus is in the air (in droplets or possibly dust) and a person breathes it in, or when a person touches something that has virus on it then touches their mouth, eyes or nose. Rare human infections with some avian viruses have occurred most often after unprotected contact with infected birds or surfaces contaminated with avian influenza viruses. However, some infections have been identified where direct contact was not known to have occurred. Illness in people has ranged from mild to severe. Bird Flu Outbreaks in Birds Outbreaks of bird flu happen among birds from time to time. When deadly bird flu outbreaks happen in U.S. poultry, the United States Department of Agriculture (USDA) works with industry, state and other government partners to stop the outbreak so that it does not spread to other poultry. The Centers for Disease Control and Prevention works from bird flu outbreaks is low; however, because other bird flu viruses have infected people, it is possible that human infections with these viruses could occur. Risk depends on exposure. People with no contact with infected poultry or contaminated surfaces are thought to be at very low to no risk of infection. People with close or prolonged unprotected contact with infected birds or contaminated environments are thought to be at greater (though probably still low) risk of infection. Salmonella: Humans do not catch salmonella from chicks or chickens the way you would catch a cold from your neighbor. Salmonella is food poisoning; you get it from eating infected meat or eggs. Even then, in order to get a case of salmonella, the meat and eggs you have eaten must be improperly prepared, that is, not completely cooked through. Or, you can also get salmonella by getting your hands or something else contaminated with feces and then putting that thing in your mouth. People more at risk for contracting Salmonella are very young, very old, and pregnant or have immune systems that are already compromised in some way. The best way to keep your children and family safe from infection is by keeping your own hens whose conditions you can monitor, and by having your family members wash their hands after dealing with chickens. You want to have them wash hands after dealing with any pets, for that matter. Alcohol is an effective sanitizer for salmonella bacteria. But when it comes to issues with Salmonella, contamination is FAR more of an issue with factory farmed birds that produce eggs for grocery stores, not with your backyard pets. This is because the conditions chickens are kept in at factory farms are simply terrible. (You can Google information about this if you have a strong stomach, but to give you an idea, some of the conditions birds are forced to endure in factory farms include having to share cages or space with and lay eggs on other dead and rotting illness that passes from person to person or hen to hen like a cold. When chickens get salmonella, it is usually the result of hens eating rat droppings or worse in their tiny, dirty spaces at commercial egg farms. Yuck. in the same inhumane circumstances they are kept in at factory farms---that is, presuming your coop is clean and roomy and you provide fresh food and water for them at all times---it is doubtful your home flock would contract salmonella. Birds in factory farms have immune systems that are already stressed by the terrible conditions they experience every day. At home, salmonella illness in your hens is easy to prevent: keep the coop clean and your hens happy. And most importantly, be alert to sign of illness so that if there is a problem, you can take transmit it to you. Remember, salmonella and other bacteria can be present in small quantities the feces of animals (including dogs and cats) whether they are sick or not. So when you pick up your bird who has been walking in and pecking around poopy litter, who has been nibbling on canine-enticing cat poop in the yard licks your fingers with doggy love. Use common sense. A hen actually sick with salmonella will be immediately obvious: she will be weak, purple- hard to imagine that all those sick hens went unnoticed at those factory farms for so long. Even if workers could not manage to differentiate the symptoms of salmonella from all the other symptoms of distress that factory farmed chickens have routinely, surely they would have noticed the big drop in production. After all, even if factory what compels them to keep the birds in such terrible, dirty, cramped conditions in the first place. selling their eggs when they must have been aware of a potential problem. Thank you for your time and consideration regarding this proposal. MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION July 17, 2018 COUNCIL COMMISSION ROOM CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Chairperson Goodell at 7:00 p.m. ROLL CALL Chairperson Mark Goodell - Present David Johnson - Present Tamika Baskin Present Kathie Amdahl - Present Joan Schonning Present Michael Stokes Present Paul Oman - Present Also present was Staff Liaison Jesse Anderson and Council Liaison Marquita Butler. APPROVAL OF AGENDA There was a motion by Commissioner Johnson and seconded by Commissioner Oman to approve the agenda as submitted. The motion passed. APPROVAL OF MINUTES There was a motion by Commissioner Johnson and seconded by Commissioner Oman to approve the minutes of the Housing Commission meeting on 6/19/18. The motion passed. COMPREHENSIVE PLAN DISCUSSION: Jennifer Haskins has been working for about a year on the comprehensive plan. Update on some of the pubic engagement and some of the draft material, we will focus on housing for tonight meeting. However, the comprehensive plan includes many other elements. DISCUSSION OF THE ATTACHED POWERPOINT: Commissioner Goodell: Is this a re-development or new housing? Commissioner Haskins: The Met Council predicts 2,200 new housing units by 2040. There will be some redevelopment on Brooklyn Blvd. Would include more then what is currently vacant. Can resubmit to the Met Council as to what the City predicts if we disagree with the numbers. Chairperson Goodell: When out delivering new neighbor bags, the Commission is seeing a lot of young families. Commissioner Johnson: When considering the rental market, are the old non- housing units in Minneapolis that are being converted to rental being considered? Commissioner Haskins: Yes. They look at different types of development and what type of development there is. r housing median value has now passed the 2006 median value before the housing market crashed. Commissioner Haskin will send information to the housing commission to see if they agree with the housing goals. Staff Liaison Anderson: I could send the information to the Commission and it could be discussed at the next meeting. Commissioner Johnson How would this be enforced? By checking the plans? Commissioner Haskin: Would be required to update every ten years. However, you can address things as they change. The plan can be updated at other times. Commissioner Johnson: What does The Met Council do? Commissioner Haskin: If approved by zoning code, Met Council would need to be updated to match the comprehensive plan. Commissioner Amdahl: The plan is not a step by step process, it is a broad picture. Commissioner Haskin: It is a general umbrella of different areas. Details and specifics that support it would be the zoning ordinances, policies, etc. They should all work together. Commissioner Johnson: Is Brooklyn Center a part of a bigger plan that Met Council puts together? What is the full plan in the end? Commissioner Haskins: Met Council has 4 regional systems: Sanitary sewer, airports, transportation & transit and regional parks. They get to tell the plans for those items. Zoning and Land use is the Cities part of the puzzle. Their plan helps tell developers what the city generally wants to see and what our vision is. This should be something the city can use to communicate as to what it wants and get good opportunities. Chairperson Goodell: There should be a tool or guide to consider the future and make a plan; without structure it may not go well. Commissioner Johnson: How do we see progress of the plan? Chairperson Goodell:We should schedule a meeting for feedback. Commissioner Haskins: Will be meeting with The Planning Commission on August 9th. Commissioner Goodell: Feedback should be provided before the next meeting. Staff Liaison Anderson: We will send to the Commission and provide individual feedback by August 9th. We will then discuss at next meeting. DRAFT OF CHICKEN ORDINANCE: Chairperson Goodell: owever, I have reviewed the ordinance and Commissioner Amdahl addresses the owner of an animal hould be added that an owner is an owner of a chicken, not just cats and dogs. Commissioner Amdahl: Would permission be needed for keeping chickens? Chairperson Goodell: Should synchronize working in Section 8 to coop or run instead of enclosure. Chairperson Goodell: We should remove 7 as is conflicts with 8 e. Commissioner Johnson: How do we know this ordinance will work? Could we make it provision for one year? Staff Liaison Anderson: The ordinance can be adopted with a sunset date. Commissioners Schonning, Goodell and Oman: Think we should not put a sunset on the ordinance. Commissioner Johnson: I am not worried about responsible chicken ordinances. Commissioner Amdahl: Some ordinances will only get enforced if there is a complaint. Commissioner Schonning: I would rather be welcoming of the ordinance and make adjustments if necessary. Chairperson Goodell: I feel we have done a lot of good research and we can address issues with the ordinance in the future. Staff Liaison Anderson: The inspectors may have issues viewing the chickens in the backyard that are kept in violation of the code. Commissioner Amdahl: will be issues. There was a motion by Commissioner Schonning and seconded by Commissioner Amdahl to recommend City Council consider approving the draft of the ordinance with recommended edits. All approved, Johnson abstained. NEW NEIGHBOR PROGRAM UPDATE Chairperson Goodell: There are 45 bags left to deliver currently have 42 bags; will need a couple more bags and labels. July 25th Mark and Dave cannot be there. Should we keep the date or find a new one? Commissioner Schonning: Find a better date. July 24th will be the new date, instead of the 25th, at 6:30. COUNCIL LIAISON REPORT Council Liaison Butler reported the following: The work on water tower 2 has started and should be done in 90 days. There will be a neighborhood meeting on Thursday at 6 pm in Belleview. The Pop up market on July 7 was successful for its 1st time. The next market is scheduled for August 4th. Vendors are selling goods and it is free to Brooklyn Center residents. Chairperson Goodell: Can an organization have a booth? Cars are currently being parked at the opportunity site. They are leasing space during construction. Ongoing Development Projects: Medtronic expansion Luther Mazda Casey s under review EBT under review HOM furniture under plan review Bank of America under construction Instore Storage under plan review Fairfield Inn was issued Top Golf temp co issued. Sprint open Tim under construction Commissioner Stokes: How did the pop up market happen? Council Liaison Butler: Lenny Chism asked the council at a work session. As resident, economic development priorities, this provides an opportunity. City has helped provide funds. Commissioner Johnson: Will it stay there, and for how long? Council Liaison Butler: Goes through the fall and should stay there as long as it is available. Commissioner Johnson: Terrific idea! CHAIRPERSONS REPORT Chairperson Goodell reported: No update at this time. OTHER BUSINESS There was no other business addressed by the Commission. ADJOURNMENT There was a motion by Commissioner Johnson and seconded by Commissioner Oman to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 8:15 p.m. __________________________________ Chairman MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION June 19, 2018 COUNCIL COMMISSION ROOM CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Chairperson Goodell at 7:04 p.m. ROLL CALL Chairperson Mark Goodell - Excused David Johnson - Excused Tamika Baskin Present Kathie Amdahl Excused Joan Schonning Present Michael Stokes Present Paul Oman - Present Also present was Staff Liaison Jesse Anderson. APPROVAL OF AGENDA There was a motion by Commissioner Schonning and seconded by Commissioner Oman to approve the agenda as submitted. The motion passed. APPROVAL OF MINUTES There was a motion by Commissioner Baskin and seconded by Commissioner Oman to approve the minutes of the Housing Commission meeting on 5/15/18. The motion passed. QUESTION OR CONCERNS RELATING TO THE KEEPING OF CHICKENS Commissioner Johnson: How would this be enforced? Staff Liaison Anderson: Likely by code enforcement staff. Commissioner Johnson: Would people be able to let them run loose in the yard? Staff Liaison Anderson: No, it would not be allowed by code. Commissioner Johnson: I like that the code would say no roosters allowed. Commissioner Schonning: The ordinance is very comprehensive. Commissioner Oman: Questions on no closer to the street. Commissioner Baskins: Why? 5 feet. Staff Liaison Anderson: Crystal s says that. Commissioner Johnson:Would we want to put a review date on the ordinance? Commissioner Johnson: While at a farm, the chicken coops were fairly dirty. Todd Henning: It is just like taking care of a dog or a cat box. Commissioner Baskin: Does the ordinance require a fence at the property line? Commissioner Johnson: There would be no slaughter of chickens allowed. Mr. Henning: They are like a pet. Staff Liaison Anderson: Do we want to require screening? Commissioner Oman: This seems to be excessive. Commissioner Johnson: It would be difficult to screen everyone. Commissioner Baskin: There would be no screening. Commissioner Schonning: Remove section on screening. Commissioner Johnson: Are the chickens in a coop at night, and are they quiet at night? Stacy (Resident): If you cover the chickens, and t quiet. Commissioner Schonning: The ordinance covers noise at night. Commissioner Baskin: Will they attract more predators to the area? If so, would we want to consider a fence? Staff Liaison Anderson: I will updated ordinance with changes and bring it back for final review at the next meeting. NEW NEIGHBOR PROGRAM UPDATE Delivery Dates: 6:30 tomorrow and the 20th and 27th. Commissioner Oman is unable to make it. Commissioners Schonning, Johnson, Stokes and Baskin will be there. Commissioner Oman: It was great how the people feel welcomed by the bag. Additional Delivery Dates: July 11th and July 25th COUNCIL LIAISON REPORT In the absence of the Council Liaison no report was given. CHAIRPERSONS REPORT Vice Chairperson Johnson: Nothing else to add OTHER BUSINESS There was no other business addressed by the Commission. ADJOURNMENT There was a motion by Commissioner Baskin and seconded by Commissioner Oman to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 8:30 p.m. __________________________________ Chairman COU N C IL ITEM MEMOR ANDUM DAT E:9/24/2018 TO :C urt Boganey, C ity Manager T HR O UG H:R eggie Edwards, Deputy C ity Manager F R O M:Barb S uciu, C ity C lerk S UBJ EC T:National S uic ide P revention Awareness Month Requested Council Action: - M otion to P roclaim S eptember as N ational S uicide P revention Awareness M onth. Background: S eptember is known around the United S tates as National S uic ide P revention Awareness Month and is intended to help promote awarenes s surrounding eac h of the S uic ide P revention res ourc es available to us and our community. T he simple goal is to learn how to help thos e around us and how to talk about suicide without inc reas ing the ris k of harm. S eptember as National S uic ide P revention Awareness Month. T he proc lamation is one way that the C ity of Brooklyn C enterand others can show s upport for local educ ators, mental health profes s ionals, athletic coac hes, pac k leaders , police officers, and parents, as partners in supporting our community in s imply being available to one another. Budget Issues: None S trategic Priorities and Values: Enhanc ed C ommunity Image “CITY OF BROOKLYN CENTER” PROCLAMATION September Is National Suicide Prevention Awareness Month WHEREAS ; September is known around the United States as National Suicide Prevention Awareness Month and is intended to help promote awareness surrounding each of the Suicide Prevention resources available to us and our community. The simple goal is to learn how to help those around us and how to talk about suicide without increasing the risk of harm; and WHEREAS ; Suicidal thoughts can affect anyone regardless of age, gender, race, orientation, income level, religion, or background; and WHEREAS ; According to the CDC, each year more than 41,000 people die by suicide; and WHEREAS; Suicide is the 10 th leading cause of death among adults in the US, and the 2 nd leading cause of death among people aged 10-24; and WHEREAS; “Brooklyn Center, Minnesota” is no different than any other community in the country, but chooses to publicly state and place our full support behind local educators, mental health professionals, athletic coaches, pack leaders, police officers, and parents, as partners in supporting our community in simply being available to one another; and WHEREAS; local organizations like Suicide Prevention Services (SPS) and national organizations like the National Alliance on Mental Illness (NAMI) are on the front lines of a battle that many still refuse to discuss in public, as suicide and mental illness remain too taboo a topic to speak on; and WHEREAS , every member of our community should understand that throughout life’s struggles we all need the occasional reminder that we are all silently fighting our own battles; and WHEREAS, I encourage all residents to take the time to inquire as to the wellbeing of their family, friends, and neighbors over the next few days and to genuinely convey their appreciation for their existence by any gesture they deem appropriate. A simple phone call, message, handshake, or hug can go a long way towards helping someone realize that suicide is not the answer. NOW, THEREFORE , be it resolved that I, “Tim Willson”, do hereby proclaim the month of September, 2018, as National Suicide Prevention Awareness Month in the “Brooklyn Center”. Dated this 24th day of September, 2018. ______________________________ Tim Willson Mayor COU N C IL ITEM MEMOR ANDUM DAT E:9/24/2018 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Tim G annon, C hief of P olic e S UBJ EC T:An O rdinance Amending C hapter 27 of the C ity C ode of O rdinanc es R elating to S now Event P arking R estrictions Requested Council Action: - M otion to open the P ublic H earing, take public input, close the P ublic H earing, and consider adoption of An O rdinance Amending C hapter 27 of the C ity of O rdinances R elating to Traffic O rdinances and S now P arking R estrictions. Background: R outinely, P olic e and P ublic Works staff are contac ted by res idents c onc erned about individuals parking overnight in violation of c urrent C ity parking regulations. O vernight parking is rarely an issue for P ublic Works s taff exc ept during s now plowing operations. T here are often times in exc es s of 130 vehicles that s taff has to plow around and c ome bac k to clean up the mes s after vehic les leave. Unfortunately, c urrent parking regulations allow for daytime parking even if we are actively involved in snow plowing operations . At the January 22, 2018, Work S es s ion s taff pres ented the following three options to addres s overnight parking related is s ues. O ption 1 was no c hange to the c urrent ordinance inc luding police enforc ement. O ption 2 was no change to the current ordinanc e but with enhanc e polic e enforcement. O ption 3 was to modify the current ordinance to inc lude s eas onal res tric tions (no parking 2:00 a.m. to 6:00 a.m. November 1 through April 30), no on-street parking during any event of 2.5 inc hes or more until roads are plowed curb to c urb, no parking for more than 12 continuous hours, enhanced s eas onal enforc ement and towing during s now events with enhanced public education and outreach. T he C ity C ouncil did not direct proc eeding with any new options. Upon further review C ity s taff has developed an amended version of the parking ordinanc e that addresses s now related parking restrictions s pecific ally. T he proposed amended ordinance prohibits on-s treet parking after a snow fall of 2.5 inc hes. Within that amendment there is a provision whic h allows for removal of vehicles in violation of the ordinance in acc ordanc e with S ec tion 27.121. At the direc tion of the C ity C ouncil, in order to ensure that the public is well aware of the revised parking ordinance, staff has developed the attached c ommunications plan. T he plan outlines the means and methods by which the public will be provided with the c hanges to the ordinanc e as well as the current parking restrictions on record in the C ity. Budget Issues: T he 26 existing C ity limit entry s igns that display the current overnight parking restrictions will all have to be changed out with the new parking res tric tions identified. T he existing signs will be resurfaced with the new res tric tions and reins talled. T he cost to perform this work will be negligible and c an be done in the normal cours e of busines s . S trategic Priorities and Values: S afe, S ecure, S table C ommunity CITY COUNCIL PUBLIC HEARING SNOW EVENT PARKING RESTRICTIONS SEPTEMBER 24, 2018 PARKING ENFORCEMENT –STATE STATUTE 2 -8.01.02 Local Authority –Local authorities may also restrict parking by ordinance or resolution. 2 -8.02 Limited Time Parking –Limited time parking is a local concern, which is controlled by local authorities. It is Mn/DOT's policy to give considerable latitude to local communities in setting parking time limits . PARKING ENFORCEMENT –CITY ORDINANCE Section 27-120. PARKING RESTRICTED AND PROHIBITED – No person in charge of any vehicle shall park or permit such vehicle to stand upon the roadway of any highway or street in the City of Brooklyn Center between the hours of 2 a.m. and 6 a.m., nor for more than six consecutive hours at any other time. No person in charge of any vehicle shall park or permit such vehicle to stand upon any alley in the City of Brooklyn Center at any time . ADDITIONAL PARKING PROVISION •No on -street parking during any snow event of 2 ½ inches or more until the roads are plowed curb to curb . •Enforcement actions would include the issuance of a citation and the towing of any vehicle in violation. •Snow parking restrictions would be enforceable whenever the amount of snow is 2 ½ inches or more. BENEFITS •Easier for Public Works staff to maintain roadways. •Keeps the streets clean/open for emergency personnel. •Easier for Police staff to identify suspicious vehicles in neighborhoods. •Citizen complaints the past few years have included “plow - arounds,” which would be eliminated by this provision. FEEDBACK FROM PUBLIC WORKS •The last snow event of 2017 included 135 vehicle violations from 3:00 a.m. –6:00 a.m. and 145 from 6:00 a.m. –8:00 a.m. •There has not been a snow event this year to count snow bird residents. •A poll of surrounding cities conducted by Public Works in 2014, showed snowbirds are a significant issue for most cities (see handout). •Suggestion –add language to the ordinance that reflects if snowfall is over 2 ½inches, no parking until the streets have been plowed curb to curb. SNOW EVENT PARKING RESTRICTION ORDINANCE CITY COUNCIL ORDINANCE PROPOSAL •No on -street parking during any snow event of 2 ½ inches or more until the roads are plowed curb to curb. •Enforcement of the ordinance would include issuance of a citation as well as towing the vehicle to allow for snow plowing. •The provision is in effect whenever snow fall meets or surpasses 2 ½ inches. EDUCATIONAL AWARENESS CAMPAIGN •If the Ordinance is enacted the City will: •Distribute parking flyer materials at all community outreach events. •Flyer will be written in both English and Spanish •The flyer will be added to all utility billing mailings. •The Police and City websites and social media sites will explain the new restrictions. •Current posted parking rule signage will be changed to reflect the added snow rules. •The Police in partnership with Public Works will do on -camera interviews with local media and submit information to print media outlets. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of September 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 parking. 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. 2018-11 AN ORDINANCE AMENDING CHAPTER 27 OF CITY CODE OF ORDINANCES REGARDING PARKING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Section 27-120 is amended as follows: Section 27-120. PARKING RESTRICTED AND PROHIBITED. 1. No person in charge of any vehicle shall park or permit such vehicle to stand upon the roadway of any highway or street in the City of Brooklyn Center between the hours of 2 a.m. and 6 a.m., nor for more than 6 consecutive hours at any other time. No person in charge of any vehicle shall park or permit such vehicle to stand upon any alley in the City of Brooklyn Center at any time. 2. Snow Emergency. After a snowfall of at least 2.5 inches in the City, parking is prohibited on any public street or alley until and after that particular street or alley has been plowed and the snow removed to the curb line. It is unlawful to deposit snow or ice, plowed or removed from private property, onto the traveled portion of a street, alley or public way. Vehicles parked in violation of this section may be removed in accordance with Section 27-121. 3. No person in charge of any vehicle shall park or permit such vehicle to stand upon any street, highway, parking lot or other area within the City of Brooklyn Center in violation of posted traffic control devices. 4. No person in charge of any vehicle shall park or permit such vehicles or any part thereof, to stand upon a public sidewalk or upon the non-roadway area of any public street right of way. 5. The Chief of Police or his/her designee may allow short-term exceptions to the above stated parking restrictions under certain circumstances if requests for such exceptions are submitted to the Police Department at least two hours prior to the time period for ORDINANCE NO. 2018-11 which the exception is requested, and if he/she determines that the granting of such exceptions will not create problems affecting the health and safety of the citizens or unduly affect traffic movements or street maintenance operations. Specific examples of events for which exceptions may be granted if all conditions are met include but are not limited to: a.) family gatherings for special events such as weddings, graduations, anniversaries, and funerals in residential areas. b.) civic events such as community celebrations and parades. c.) reconstruction or resurfacing of driveways. d.) out of state visitors with large R.V.'s. Section 27-121. REMOVAL OF ILLEGALLY PARKED VEHICLES. Any vehicle parked in violation of the ordinance of the City or in violation of any State law may be removed by towing at the direction of the City police to a suitable place for storage until claimed by the owner or his agent, and the owner or other person responsible for such parking of the vehicle shall be liable for the reasonable cost of such towing and storage. Article III. Effective Date. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2018. __________________________________ Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) Parking I Communication Plan 1 Parking Communication Plan Objective: This communication plan outlines the means and methods by which the public will be provided proposed changes to the ordinance as well as the current parking restrictions on record in the city. To ensure sure all stakeholders receive communication, targeted strategies was created for those most likely to be towed. This plan contains the following three (3) focus areas: 1. Stakeholder/Audience 2. Engagement Methods for External Stakeholders 3. Strategies to Engage External Stakeholders. A. Stakeholder/Audience External stakeholders are the members of the larger population of Brooklyn Center, including residents and workers, business owners, and visitors, among others. External stakeholders and/or audiences identified for communicating this project’s activities include: o Apartment Management/Renters o Residents/ Home Owners o Businesses (Owners, Staff and Customers) o Schools o Churches o Visitors B. Engagement Methods for External Stakeholders Early and proactive outreach using social media, press releases, and communication strategies will be an important contributor to providing awareness to all. Engagement method descriptions and options for this plan are provided below: 1 - Social Media Outreach through social media will be done through coordination with City of Brooklyn Center’s Communication Coordinator and other staff responsible for updating social media channels. This method can be used to provide timely announcements and share information about proposed changes to the ordinance as well as the current parking restrictions on record in the city. • Outlets: Facebook and Twitter • Purpose: Share information broadly • Timing: Prior to and after ordinance change, reminders re: Did you Know? 2 - Flyers Outreach using flyers will be done through coordination with City of Brooklyn Center’s Communication Coordinator and other staff responsible for citywide engagement efforts. • Format: Flyers created will be translated into different languages. They will be provided in electronic and/or in a hardcopy. Parking I Communication Plan 2 • Distribution: Flyers will be distributed by block captains, engagement team staff, CSO’s and churches. Flyers will be distributed at businesses, churches, schools apartments and in neighborhoods. • Purpose: Share information broadly • Timing: Prior to and after ordinance change 3 - Newsletters • City News: Information will be included in the City Newsletter. This is a bi- monthly newsletter. September deadline for October publication, plus any other publications needed 4 - Website Website outreach will be done through coordination with City of Brooklyn Center’s Communication Coordinator and other staff responsible for updating website. This can be used to provide timely announcements and share information about proposed changes to the ordinance as well as the current parking restrictions on record in the city. • Outlets: Homepage and other page locations • Purpose: Share information broadly • Timing: Prior to and after ordinance change 5 - Traditional Media (News paper) • Number: Paid media campaigns • Timing: In promotion of proposed ordinance change. • Outlets: Sun Post and Star Tribune 6 - Community Television CCX Media ( https://ccxmedia.org ) is a service of Northwest Community Television serving the northwest suburbs of Minneapolis, Minnesota, including Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, Osseo, Plymouth and Robbinsdale. CCX Media can be used to share proposed ordinance changes during the following segments: Mayor Minutes and staff interview. 7 – Utility Bills Utility bills are printed every two weeks. It takes about 12 weeks for all of our residents to receive their quarterly utility bills. We are currently in the fourth quarter of the year. City staff will work with utility billing staff to place inserts in the envelopes regarding proposed ordinance changes. Distribution Date Quantity DIST #1 10/10/2018 1798 DIST #2 12/19/2018 1450 DIST #3 11/07/2018 1295 DIST #4 10/24/2018 980 DIST #5 12/05/2018 1609 DIST #6 11/21/2018 1765 Parking I Communication Plan 3 8 – Council Meetings Mayor will provide a general reminder at the beginning of each City Council Meeting. • Dates: September 24, October 8 and October 23 9 – City Meetings City staff will provide a general reminder at all meetings (Planning Commission, ARMS, etc.) 10 – Signage Signage throughout the city should be updated to include proposed ordinance change. 11 - Electronic mailing lists and email notifications Electronic mailing lists will be used to send additional communication. Signups are always available via the city’s website. These lists can be used to distribute notifications before and after ordinance change. • Outlets: CivicPlus - Notifyme (targeted specific subscribers) • Purpose: Key project milestones and promote engagement opportunities • Timing: Prior to and after ordinance change, reminders re: Did you Know? 12 - News releases and media alerts Staff will work with the Communication Coordinator to create content for news releases and media alerts covering proposed ordinance change. C. Strategies to Engage External Stakeholders As part of our outreach with External Stakeholders, the following engagement strategies provided below are recommended for communicating changes to the ordinance as well as the current parking restrictions. Numbers identified in this section correspond with numbers referenced in Section B. Engagement Methods for External Stakeholders. External Stakeholders Engagement Method Apartment Management/Renters 2,3 (Flyer/Social Media Card), 6, 7, 9, and 10 Residents/ Home Owners 1, 2 (Canvass), 3, 4, 5, 6, 7, 8, and 10 Businesses (Owners, Staff and Customers) 1, 2, 3, 4, 5, 7, 9, and 10 Schools 2, 3, 4, 5, and 10 Churches (see businesses) Visitors (see all above) Additional Strategies: • When posting content we will make sure documents are easily downloadable. We will also ask for other to share the information. • We will provide businesses with cards to distribute • We will ask apartment managers to sign-up/connect at the center in order to receive updates and notifications. • We will repeat steps (5-7x’s) COU N C IL ITEM MEMOR ANDUM DAT E:9/24/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Meg Beekmen, C ommunity Development Director F R O M:Jesse Anders on, Deputy Direc tor of C ommunity Development S UBJ EC T:R esolution and C ontinued S pecial Assessment Hearing for P ropos ed S pec ial As s es s ments for Adminis trative F ines Requested Council Action: - M otion to reopen the public hearing, to close the public hearing and approve the resolution C ertifying S pecial Assessments for Administrative F ines/C itation C osts to the H ennepin C ounty Tax R olls Background: At the C ity C ouncil Meeting on S eptember 10, 2018, the C ity C ounc il moved to c ontinue the P ublic Hearing until S eptember 24, 2018 for 3318 50th Ave. N, 6138 C olfax Ave. N, 4207 Lake S ide Ave. N unit 0240, and 6612 Ewing Ave. N due to an appeal. Additional information was requested for the property. Information spec ific to the properties spec ial assessment appeal is provided in this report. T he spec ial assessment charges and payment s chedule are provided in the notification letter and are often explained to parties that c ontact staff. It is summarized as follows: If not paid by the end of business day on September 10, 2018, an additional $40 special assessment fee will be added to the amount owed. Unless the City Council makes changes to the amounts due at the Public Hearing, no other bill or notice will be provided. Interest on the special assessments will begin on October 12, 2018, following the 30-day interest free grace period. Interest shall accrue at an annual rate of 4 %. When the City Council adopts the special assessments, there are the following payment options 1. T he total special assessment may be paid without interest between September 12, 2018 and October 12, 2018. 2. After October 12, 2018 and through November 21, 2018, the total special assessment plus accumulated interest through the date of payment may be made. Payments will be accepted in the Community Department until close-of- business November 21, 2018. As indicated by the fee sc hedule, payments could be made before the S eptember 10, 2018, C ounc il Meeting without added fees. After this date, fees apply. T here are costs assoc iated with appeals and the fees are an attempt to make s ure the general public is not required to pay for uns uc cessful appeals. T his is s imilar to other programs that have appeal options . Budget Issues: T he fees for these s pecial as s es s ments help rec over s ome of the C ity costs assoc iated with providing a service s pecific to a property. Administrative fines oc cur where voluntary compliance is not achieved and additional s taff time is required to gain compliance. S trategic Priorities and Values: S afe, S ecure, S table C ommunity Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused Administrative Fines/Citation costs for certain properties within the City from July 1, 2017 thru June 30, 2018 under the authority of City Ordinance Section 18-204 and Minnesota Statutes, Section 429; and WHEREAS, on September 10, 2018, certain Administrative Fines/Citation costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from July 1, 2017 thru June 30, 2018, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where Administrative Fines/Citation costs are to be assessed to each property; and WHEREAS, City Ordinance Section 18-210 and Minnesota State Statute authorizes the certification of certain delinquent Administrative Fines/Citation accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for Administrative Fines/Citation costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The special assessment roll of Administrative Fines/Citation costs incurred from July 1, 2017 thru June 30, 2018 is hereby adopted and certified as Levy No. 19786. 2. The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2019, in one annual installment with interest thereon at four (4.0) percent per annum and shall bear interest on the entire assessment from October 1, 2018 through December 31, 2019. RESOLUTION NO. _____________ 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before October 10, 2018. After October 10, 2018, he or she may pay the total special assessment, plus interest. Interest will accumulate from October 1, 2018 through the date of payment. Such payment must be made by the close of business November 21, 2018 or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 24, 2018 ________________________________ Date Mayor ATTEST: ___________________________________________ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereon said resolution was declared duly passed and adopted. Amended Special Assessment Certified Roll (Administrative Fines/Citations) July 1, 2017 thru June 30, 2018 Printed on September 20, 2018 Municipal Code No. 22 Levy No. Property Address Property ID Pending Amount ($) Capital Interest Charge ($) Special Assessment Charge ($) Total Amount Certified ($) 19786 6138 Colfax Ave N 36-119-21-34-0027 $750 $10 $30 $790 19786 4207 Lakeside Ave N #0240 10-118-21-32-0152 $300 $10 $30 $340 1 Property Number 1 Address: 3318 50th Ave N Owner: Bruce Pelkey Appellant’s Statement: He stated that the Administrative Citation was appealed and the hearing officer stayed payment for the citation amount. Findings: During a proactive property code enforcement inspection, staff found a repeat violation for illegal parking/storage of his recreational vehicle (RV) on jacks in the driveway. Staff has attempted to work with the owner over the past year to become compliant with city codes before issuing the administrative citation. Compliance notices were sent to Mr. Pelkey informing him of the property code violations found at the property. Staff has spoken with Mr. Pelkey on numerous occasions regarding the property code violations and informed him of the ordinance regarding storage of his vehicle on jacks in the driveway. After several attempts to obtain compliance, staff issued an Administrative Citation for $125.00. Mr. Pelkey appealed the Administrative Citation and was granted a hearing. The Administrative Hearing Officer found that a violation did occur and stayed payment of the $125.00 Administrative Citation given that there is no same or similar violation for one year from the date of the hearing. Evidence was gathered within legal parameters. City ordinance violations are not permitted in any area of a property and the owner is responsible to maintain his property free of code violations. Recommendation: The Administrative Citation was appealed and the $125 payment was stayed for one year with no same or similar property code violations. The conditions of the set by the hearing officer continues to be met. Staff is recommending the special assessment in amount of $125 plus the Certification fees of $40 be removed from the special assessment rolls. 2 Violation Type Dates Action Fees Illegal Parking/Storage of Vehicles 03/23/2018 An inspection was conducted and found a repeat violation for parking the RV in the drive way stored on jacks. A 3rd compliance notice was sent and t notice stated the vehicle must properly stored and in an operable condition. 03/27/2018 A follow up inspection was conducted and found that the vehicle was still in violation. An Administrative Citation was issued. $125 04/09/2018 Mr. Pelkey submitted an appeal for the issued Administrative Citation. 04/24/2018 Administrative hearing was conducted and the Hearing Officer found that a violation occurred and stayed payment the $125 Administrative citation for one year with no same similar violation. 04/27/2018 A follow up inspection was completed and the RV was in compliance with city ordinances. 09/17/2018 A follow up inspection was completed and the RV was removed from the property. No additional property code violations were found. 3 4 5 Property Number 2 Address: 6138 Colfax Ave Owner: Deephaven 18800 Minneonka LLC Appellant’s Statement: Staff received a written appeal from the owner of the property. Appellant stated that her husband has many vehicles and the vehicle in violation only had a flat tire for 12 hours. Findings: The property is owned by Deephaven 18800 Minneonka LLC and sold on a contract for deed to the appellant. A complaint was received regarding illegal parking/storage of vehicles on the property. While following up on the illegal parking/storage of vehicles violation, staff found that a different vehicle stored on the property was unlicensed/inoperable. While staff was processing the violation for an inoperable vehicle, a complaint was received stating that there are several inoperable vehicles on the property. Staff has spoken with the occupants and property owner to explain the property code violations. Staff gave the occupants an opportunity to correct the property code violations and after multiple inspections, Administrative Citations for $125, $250, and $500 were issued. The owners or occupants did not appeal the Administrative Citations. The $125 and $250 Administrative Citations were paid. Evidence was gathered within legal parameters. City ordinance violations are not permitted in any area of a property and the owner is responsible to maintain the property free of code violations. Recommendation: Staff attempted to work with the occupants of the property for compliance with city ordinances. Legal notification requirements were followed. Staff is recommending that amount of $500 plus the Certification fees of $40 be specially assessed to the property tax rolls. 6 Violation Type Dates Action Fees Unlicensed/Inoperable Vehicle 05/07/2018 A follow up inspection was completed on a different property code violations and found the unlicensed/inoperable vehicle. 05/08/2018 A 1st compliance notice was sent to the owner and occupants of the property. A complaint was received regarding inoperable vehicles stored on the property. 05/09/2018 Staff spoke with the occupant, Mr. Willy Lee, and he stated that he buys and sells vehicles and stores them on the property. He was informed that all vehicles stored on the property must be in operable condition. Administrative staff received a voicemail and email from the owner stating the property has been sold on a contract for deed and notices should be sent to the occupant. 05/16/2018 A follow up inspection was completed and the vehicles are still in violation. A 2nd compliance notice was sent. 05/24/2018 A complaint was received stating that the property appears to be selling vehicles from the property and engaged in auto repair. 05/25/2018 A follow up inspection was completed and the vehicles are still in violation. A $125 Administrative Citation was issued for unlicensed/inoperable vehicle. $125 06/08/2018 A follow up inspection was completed and the vehicles are still in violation. A $250 Administrative Citation was issued for unlicensed/inoperable vehicle. Staff spoke with the occupant, Ms. Janar, and she was upset that the property continues to receive complaints from the neighbors and her property is continually inspected. Staff informed her that if a property is in violation, staff will continue to inspect the property until it is in compliance with city ordinances. $250 06/11/2018 A complaint was received stating that the property is engaged in the auto sales business. 7 06/26/2018 An inspection was conducted and the property is still in violation. A $500 Administrative Citation was issued. Staff received a phone call from Mr. Willie Lee, occupant, stating that he is fixing cars for his business, Royalty Enterprises, at the property. Staff informed of the Administrative Citation and informed of the appeal process. $500 07/11/2018 Staff conducted an inspection and spoke with Mr. Willie Lee about the ongoing property code violation for an inoperable vehicle and operating an auto repair business from his home. He was informed that if the violation continued a $1000 Administrative Citation would be issued. 07/12/2018 A follow up inspection was conducted and the inoperable vehicle was repaired. 09/17/2018 A follow up inspection was completed and the property had no property code violations. 8 9 10 11 12 13 14 15 16 17 18 19 Property Number 3 Address: 4207 Lakeside Ave #0240 Owner: Tommy Conteh Appellant’s Statement: He stated he was out of the country. Findings: The property is a licensed rental property and was issued a Type II – 2 year license with an expiration date of September 30, 2017. The rental license renewal application was received and an inspection was conducted. The rental inspection was passed on September 20, 2017 and after verifying the total number of property code violations and validated nuisance police calls for service, the property would qualify for a another Type II – 2 year license with an expiration date of 9/30/2019. Before the rental license can be issued, the owner must be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City. After verifying if the property is current on all of the above items, it was found that the owner was delinquent on property taxes. The owner was notified that a rental license cannot be issued if the property taxes are not current. The rental license expired and the owner was still delinquent on the property taxes. An Administrative Citation for $300 was issued and the owner did not appeal the citation. Once the property taxes were paid and current, the rental license was issued on December 11, 2017. Recommendation: Legal notification requirements were followed. Staff is recommending that the special assessment in the amount of $300 plus the Certification fees of $40 be specially assessed to the property taxes. 20 Violation Type Dates Action Fees Operating a rental dwelling without a license 09/21/2015 The property was issued a Type II – 2 year rental license with an expiration date of September 30, 2017. 08//14/2017 The owner submitted the rental license renewal application. 08/31/2017 The 1st inspection was completed and failed with 4 property code violations. 09/28/2017 The 2nd inspection was completed and passed. 09/29/2017 The owner was sent a notice that the rental license could not be issued due to delinquent utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City. 10/23/2017 A second notice was sent informing the owner that the property has delinquent property taxes and the rental license cannot be issued. 11/16/2017 A $300 Administrative Citation was issued for operating a dwelling without a rental license. $300 11/20/2017 A third notice was sent informing the owner that the property has delinquent property taxes and the rental license cannot be issued. An occupancy check was completed and found that the property was still operating a rental property. 11/21/2017 The owner came to City Hall and reported that the property taxes were paid. Staff verified that the property taxes were paid and started to prepare the property for .s 12/11/2017 A Type II – 2 year rental license was issued with an effective date of 10/1/2017 to expiration date of September 30, 2019. 21 Property Number 4 Address: 6612 Ewing Ave Owner: Thompson and Anita Seley Appellant’s Statement: He is not sure what the citation is for. He purchase the property in February 2019. Findings: During a proactive property code inspection, several property code violations were found. The property was in violation for: accumulation of junk/furniture/appliance; accumulation of rubbish/brush/debris; illegal parking/storage of vehicles; unlicensed/inoperable vehicle; and a violation to repair the damaged garage door. Staff spoke with the owner and was granted access to the view the backyard. Staff also informed the occupant of the property code violations during the conversation. Several notices were sent for each violation. Most violations were corrected after the second notice, however, the accumulation of junk/furniture/appliance was not corrected and a third notice was sent. After the third notice, an Administrative Citation for $125 was issued for the accumulation of junk/furniture/appliance violation. The owner did not appeal the Administrative Citation. Evidence was gathered within legal parameters. City ordinance violations are not permitted in any area of a property and the owner is responsible to maintain his property free of code violations. Recommendation: The property code violations were incurred by the previous property owner and the current owners were not aware of the Administrative Citation until they received notice for the special assessment hearing. Staff was able to verify that the property was purchase on February 1, 2018 and homesteaded on March 5, 2018. At the time of purchase, it is common practice for title companies to do a search for all fees and special assessments owed to the city and pay them off. Although legal notification requirements were followed, the violations were incurred by the previous property owner. Since the new ownership, the property is in compliance with city codes. Staff is recommending the special assessment in the amount of $125 plus the Certification fees of $40 be removed. 22 Violation Type Dates Action Fees Accumulation of Junk/furniture/appliance 08/16/2017 An inspection was conducted and found that the property had several property code violations. Staff spoke with the owner and informed the occupant of the property code violations. Verbal orders were given to correct the property code violations and a 1st correction notice was sent. 08/25/2017 A follow up inspection was completed and the property code violations were not corrected. A 2nd notice was sent. 09/05/2017 A follow up inspection was completed and the property code violations were not corrected. Staff spoke with an occupant and staff was informed that the owner has received all of the notices but has not made the corrections yet. A $125 Administrative Citation was issued and compliance notice was sent. The occupant did not appeal the Administrative Citation. During the follow up inspection, staff also notice that the property had tall grass and weeds over 8 inches. A compliance notice was sent to mow the grass. $125 09/13/2017 A follow up inspection was completed and the accumulation of rubbish/brush/debris and illegal parking/storage of vehicles, and tall grass and weeds violations were corrected. The accumulation of junk/furniture/appliance, unlicensed/inoperable vehicles, and the garage door violations were not corrected. Staff spoke with the owner and was granted access to the backyard. A 3rd notice was sent for the remaining property code violations. 09/27/2017 A follow up inspection was completed and the property was still in violation for accumulation of junk/furniture/appliance, garage door, and unlicensed/inoperable vehicle. Staff spoke with the owner and stated that they are no longer going to sell the property and needed additional time to correct the violations. Staff gave an extension to the occupant. 23 10/11/2017 A follow inspection was conducted and all the property code violations have been corrected. 09/17/2018 A follow up inspection was completed and the property had no property code violations. COU N C IL ITEM MEMOR ANDUM DAT E:9/24/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Meg Beekman, C ommunity Development Director F R O M:G inny Mc Intosh, C ity P lanner / Zoning Adminis trator S UBJ EC T:R esolution R egarding the R ecommended Disposition of P lanning C ommis s ion Applic ation No. 2018-015 S ubmitted by Von P etersen of T S P, Inc . on behalf of Brooklyn C enter S c hool Dis tric t, R eques ting S ite and Building P lan Approval (Located at 1500 59th Avenue North) Requested Council Action: - M otion to approve a R esolu tion R eg a rd ing the R ecommen d ed D isposition of P lannin g C ommission Application N o. 2018-015 S u b mitted b y Von P etersen of T S P, In c. on b eh a lf of B rooklyn C en ter S chool D istrict, R equesting S ite and B uilding P lan Approval (L ocated at 1500 59th Avenue N orth) Background: T he C ity C o uncil is being asked ap p ro ve a res olution regarding the dis pos itio n of P lanning C ommis s ion Application No . 2018-015, s ubmitted by Vo n P eters en o f T S P, Inc. on b ehalf o f the Bro o klyn C enter S c hool Dis tric t. Ap p ro val of the afo rementio ned res o lutio n wo uld allo w Bro o klyn C enter S cho o l Dis tric t to c onstruc t an approximately 1,200-s q uare foot new fro nt entry ad d ition, 23,551-s quare foot sec o nd s to ry ad d ition, and s elect site improvements along the front entry of Earle Brown Elementary S chool at 1500 59th Avenue North. C ity staff met with the Ap p licant, Bro o klyn C enter S c hool Dis tric t, and other p ro ject rep res entatives on multiple oc casions to disc uss anticipated renovations to the exis ting 139,357-square foot Earle Brown Elementary S cho o l, which was rec o nstruc ted in 2003 at its c urrent lo catio n o n ap p ro ximately 11.6 acres. T he p ro p o s al inc ludes p lans to c o ns truc t an ap p ro ximately 1,200-s quare fo o t new fro nt entry ad d ition, 23,551- s quare foot s econd s tory additio n, and s elec t s ite improvements alo ng the new front entry for the S ubjec t P roperty. T hes e reques ts are part o f a larger p lan to reno vate the exis ting s cho o l’s interior as p art o f a referendum passed in No vember 2017 that allo wed fo r increas es to the Dis tric t’s o p erating levy and cons truction funding. It s ho uld be no ted that the proposed interior improvements, inc luding the reassignment of classroom s p ace to create a d ed icated P re-Kindergarten p o d , c o nstruc tion o f two new S T EAM c las s rooms , an additio nal art room, two flexib le classrooms, a multi-p urpose room, new s tairway, sto rage spac e, a new sec ured entry with reception area, and the addres s ing o f deferred maintenanc e will be reviewed b y C ity s taff s ep arately through the C ity’s Build ing P ermit proc es s . T he items fo r review und er the s cope of this applic ation are limited to the propos ed exterior additions and selec t s ite improvements. C ity s taff noted that there is no minimum parking requirement fo r sc hool us es , and are typ ically o n a c as e-by- case basis. As the elementary s chool s hares a number of fac ilities with adjacent G randview P ark, parking was originally approved at 239 parking s p aces, to b e s hared between the sc hool and park. C urrently, there are 188 parking spac es loc ated within p ro ximity to the s cho o l, as well as a student drop o ff c irc le. T he Applicant indic ated that there are no plans to inc o rp o rate additio nal p arking at this time. Although s c hool us es are not an identified use und er the C ity’s Landsc ap e P o int S ys tem P olicy, a land s cape plan was ap p ro ved as p art o f the 2002 approval. T he Applicant s hould identify whether deficiencies exist and determine whether additional landsc aping might be introduc ed along the wes tern parking lot along 59th Avenue North (Lot #2). As the ap p licatio n s ub mitted is for s ite and b uilding plan ap p ro val, no pub lic hearing no tic e was pub lis hed in the Brooklyn C enter S un P ost, and no mail notices were s ent. A repres entative o f the Bro o klyn C enter S c hool Dis trict was present at the P lanning C o mmis s io n meeting on S eptember 13, 2018; however, the P lanning C ommis s ion d id not have any outstanding ques tions of the S c hool Dis tric t repres entative following their review of the staff report and presentation. With regard to the introduction of additio nal landsc ap ing along the wes tern parking lot, C hair R and all C hris tens en noted that, while he s ees the need for parking lo t s c reening, he als o wants to ensure s uffic ient s p ace is reserved fo r s now remo val on the S ubjec t P roperty. No p ublic c o mments were made p rio r to o r during review o f the reques t. F ollowing a review o f the application requests , the P lanning C o mmis s io n unanimous ly (6-0) recommended approval of the s ite and build ing plan requests as identified under P lanning C ommission Application No. 2018-015. C opies o f the P lanning C ommission R ep o rt, dated S eptemb er 13, 2018, and C ity C ounc il resolution are attached as referenc e. Budget Issues: T here are no budget is s ues to cons ider. S trategic Priorities and Values: Enhanc ed C ommunity Image Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-015 SUBMITTED BY VON PETERSEN OF TSP, INC. ON BEHALF OF BROOKLYN CENTER SCHOOL DISTRICT, REQUESTING SITE AND BUILDING PLAN APPROVAL (LOCATED AT 1500 59TH AVENUE NORTH) WHEREAS, Planning Commission Application No. 2018-015 was submitted by Von Petersen of TSP, Inc. on behalf of Brooklyn Center School District, requesting consideration of Site and Building Plan approval for an approximately 1,200-square foot front entry addition, 23,551-square foot second story addition, and select site improvements along the front entry for the Subject Property located at 1500 59th Avenue North; and WHEREAS, on September 13, 2018, the Planning Commission received and reviewed a planning report and Assistant City Engineer’s memorandum on the proposed Site and Building Plan for the proposed additions and site improvements on the approximately 11.6 acre Subject Property; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City’s Zoning Ordinance, along with consideration of the goals and objectives of the City’s Comprehensive Plan, the Planning Commission considers this Site and Building Plan an appropriate and reasonable improvement to the Subject Property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center, Minnesota, hereby recommends to the City Council that the Site and Building Plan for the proposed approximately 1,200-square foot front entry addition, 23,551-square foot second story addition, and select site improvements along the front entry to the Subject Property located at 1500 59th Avenue North, and as comprehended under Planning Commission Application No. 2018-015, may be approved based on the following considerations: A. The Site and Building Plan is compatible with the standards, purposes and intent of the City’s Zoning Ordinance in that the proposed additions and improvements would be constructed well outside the minimum building setback requirements, and will allow for the school to expand and enhance its programs, and create and allow for a more efficient teaching environment that is within the capacity allowances for the school; B. The improvements and utilization of the Subject Property as an elementary school will be continued through additional investment into the continued function and improved efficiency of the elementary school for students and staff with the addition of the Pre-Kindergarten program, new STEAM, art, flexible, and multi-purpose classrooms, and general safety and security, and RESOLUTION NO. is considered a reasonable use of the property and will conform with ordinance standards; C. The Site and Building 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 and has functioned at this location since 2003; D. The Site and Building Plan proposal appears to be a good and continued long range use of the existing site and the proposed improvements to the front entry off 59th Avenue North, construction of a second story addition, site improvements, and anticipated interior renovations to the existing 139,357-square foot building 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 and Building Plan, as contained in Section 35-230 (Plan Approval) of the City’s Zoning Ordinance, are met and the Site and Building Plan proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED that the City Council of the City of Brooklyn Center, Minnesota, does hereby recommend that Planning Application No. 2018-015, submitted by Von Petersen of TSP, Inc. on behalf of Brooklyn Center School District, for the property located at 1500 59th Avenue North, be approved subject to the following conditions and considerations: 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 other fire related building code items shall be reviewed and approved by the Fire Inspector. a. Final construction and demolition plans are to be submitted to the City for review and issuance of a demolition and Building Permit. 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 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. RESOLUTION NO. b. A Construction Management Plan and Agreement and associated escrow deposit is required prior to Building Permit release. c. The Developer shall submit an as-built survey of the property, improvements, and any utility service lines prior to release of the Performance Agreement financial guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the Assistant City Engineer’s memorandum, dated August 24, 2018. a. Final grading, drainage, utility and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. 4. Construction Standards: a. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City’s Public Works Department. b. All work performed and materials used for construction of any utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. A Construction Management Plan and Agreement shall be required prior to issuance of a Building or Land Alteration Permit. 5. Landscaping: All landscaped areas, shall include approved irrigation systems to facilitate site maintenance. a. The Applicant shall review the Landscape Plan approved under Planning Commission Application No. 2002-010 and determine whether deficiencies exist. b. The Applicant shall identify areas to introduce screening landscaping along the parking lot located west of the school and along 59th Avenue North. Landscape Plans shall be submitted as part of any Building Permit approval. c. The contractor shall submit irrigation shop drawings for review and approval prior to installation of any new landscaping. 6. Signage: Signage for the Subject Property is subject to the Public Use allowances as identified within Chapter 34 (Sign Ordinance). Any requests for wall or freestanding signage will require the Applicant to submit a Sign Permit application to the City for review and approval. RESOLUTION NO. September 24, 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. ________________ App. No. 2018-015 PC 09/13/2018 Page 1 Planning Commission Report Meeting Date: September 13, 2018 Application No. 2018-015 Applicant: Von Petersen of TSP, Inc. (on behalf of Brooklyn Center Schools) Location: 1500 59th Avenue North Request: Site and Building Plan Approval INTRODUCTION Von Petersen of TSP, Inc. (“the Applicant”), on behalf of Brooklyn Center Schools, is requesting the review and consideration of a building and site plan submittal that would result in the construction of a new, secured front entry addition, a second story addition to the easternmost building wing, and select renovations to the existing 139, 357-square foot school building and grounds (refer to Exhibit A). This application is associated with previous requests by the Brooklyn Center School District to increase the District’s operating levy and construction funding for Earle Brown Elementary School and Brooklyn Center Middle and High School. The requested improvements to the Brooklyn Center Middle and High School were approved by City Council at their meeting on July 23, 2018. The levy and construction funding requests were approved through a referendum that was passed on November 7, 2017. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan: S-Schools Neighborhood: Grandview Current Zoning: R1 (One Family Residence) District Surrounding Zoning: North: Highway 100 | C2 (Commerce) District – Across Highway East: R1 (One Family Residence) District – Grandview Park South: R1 (One Family Residence) District – Residential, Churches, and an Apartment Complex West: Highway 100 | C2 (Commerce) District – Across Highway Site Area: Approximately 11.6 Acres BACKGROUND The Subject Property, located at 1500 59th Avenue North, was constructed in 2003 following approval of Planning Commission Application No. 2002-010 in August 2002 (Exhibit B). This approval allowed requests for the elementary schools’ site and building plan and a special use permit to operate a public elementary school in an R1-zoned district. The Brooklyn Center School District had initially approached the City with a proposal to add a temporary classroom to the original Earle Brown Elementary School • Application Filed: 08/14/2018 • Review Period (60-day) Deadline: 10/13/2018 • Extension Declared: N/A • Extended Review Period Deadline: N/A ________________ App. No. 2018-015 PC 09/13/2018 Page 2 due to enrollment and overcrowding issues. Although temporary classrooms were ultimately approved as an interim use, the City and School District ultimately worked through a more permanent solution to address the school’s facility issues and a referendum was passed for the construction of a new elementary school. As part of this collaboration, the City and School District also worked through the identification of an adequate school site, and determined that an exchanging of locations would work best. Today, Earle Brown Elementary School is located on what was once a former baseball field (Cohen Field), sledding hill, and park shelter. As part of the project, the City and School District entered into an agreement for the joint use of the two aforementioned properties, and for School District 286 to enter into a maintenance and utility agreement to cover shared facilities, of which were identified as: • Storm Water Detention Ponds • Ballfields and Play Areas • Sidewalk, Driveway, and Boulevard Areas • Parking Lots • Playground Equipment • Lighting • Irrigation BUILDING AND SITE PLAN APPROVAL A substantial portion of the improvements to take place at Earle Brown Elementary School (“the Subject Property”) are anticipated to occur within the interior of the building and will require the Applicant to submit full construction plans to the City for review and issuance of a Building Permit. The interior renovations include the addition of instructional space in the proposed second story wing, which would allow the school to re-assign existing rooms in order to create a dedicated Pre-K (Kindergarten) program and incorporate new STEAM, art, flexible and multi-purpose room space. A new stairway would be Map 1. Existing Subject Property (1500 59th Avenue North). ________________ App. No. 2018-015 PC 09/13/2018 Page 2 introduced, along with storage and mechanical space. As was the case in the approval of the requests for the Brooklyn Center Middle and High School, many of the anticipated improvements are to address security measures that would allow for a higher level of pedestrian control within the hallways, including the installation of a security vestibule and main reception area in the proposed front entry addition. The memorandum provided by the Applicant notes that the original building was not designed for the Pre-Kindergarten program Earle Brown Elementary School now offers. The additional students, staffing, and resources has resulted in overcrowding in the school, staffing inefficiencies, and put a strain on the instructional space available. Although the proposed interior improvements are discussed within this Planning Commission application, the focus of review for building and site plan approval relates to the proposed exterior alterations, including the 1,200-square foot new front entry addition, 23,551-square foot second story addition, and select site improvements. The 2002 approval of the school building noted the use of concrete masonry unit (CMU) insulated walls with a brick veneer and the installation of energy efficient insulated glass with aluminum cased windows and doors. The Applicant intends to utilize a cement stucco wall system and aluminum window and door casings to match the existing school building. Image 1. Existing Earle Brown Elementary School Campus. ________________ App. No. 2018-015 PC 09/13/2018 Page 3 Image 2. Location of New Front Entry Addition. Image 3. Architectural Rendering of New Front Entry Addition. ________________ App. No. 2018-015 PC 09/13/2018 Page 4 Image 4. Interior Layout of New Front Entry Addition. As noted in Image 2 and 3 above, the proposed 1,200-square foot front entry addition would bump out from the existing front entry. The existing shrubs and trees located along the front of the existing entry would be salvaged and reinstalled, as well as the bench, and the existing electrical conduit would be relocated. The new addition and entry would feature a security vestibule and the Administration area would be improved with the relocation of the reception area to the new, secured front entry addition. The new front entry addition would also contain the Assistant Principals’ offices, a work room, meeting room, bathroom, and corridor leading to the main lobby. Image 5. Architectural Rendering of Second Story Addition (Eastern Wing). The construction of the proposed approximately 23,551-square foot second story addition will allow for more instructional space and will allow the school to re-assign existing rooms in order to create a dedicated Pre-K pod as well as align other grade levels appropriately. As mentioned previously, the new addition would provide space for two (2) new STEAM classrooms, an additional art room, two (2) flexible ________________ App. No. 2018-015 PC 09/13/2018 Page 5 classrooms, and a multi-purpose room. A new stairway and mechanical and storage space would also be allocated as part of the addition. As was the case with the Brooklyn Center Middle and High School, deferred maintenance items would also be incorporated into the project. Please refer to Image 6 below for the interior layout of the new second story addition. It should be noted that the Applicant will not be reinstalling the existing gabled roofs as part of the second story addition. As shown in Image 5 above, the interior portion to the second story addition will utilize a flat roof, while the end caps to the addition will maintain the gabled roof look. Image 6. Interior Layout of Second Story Addition. Access and Parking The Subject Property is currently served by four access points off 59th Avenue North and an access off Humboldt Avenue North and 60th Avenue North. Per a review of the proposed parking under Planning Commission Application No. 2002-010, the following parking was originally identified for the school/park use: Parking Location # Parking Stalls / Access Type 1. Access off Humboldt Avenue (60th Ave N) 20 2. First Access on 59th Ave N (westernmost) 99 3. Second Access on 59th Ave N Student Drop Off Circle/Main Entrance 4. Third Access on 59th Ave N (easternmost) 89 5. South Side of 60th Ave N 31 Total Parking: 239 (Actual Parking Spaces) ________________ App. No. 2018-015 PC 09/13/2018 Page 6 Map 2. Shared Parking Locations for Earle Brown Elementary School and Grandview Park. In addition to the aforementioned parking locations, there is also a loading dock and turnaround area located along the western portion of the school. There are no plans to alter the existing parking or drop off areas as part of the site and building plan review request, other than the proposed concrete work along the front of the building. Although there are no specific ordinance parking requirements or parking formulas for school or park uses, the Applicant and City should assess whether the existing shared parking is adequate for their respective uses. Lighting No additional lighting is proposed as part of the project other than at the new front entry. The Applicant furnished a photometric plan that addresses the new front entrance and the installation of recessed horizontal mount type lighting. As is specified, no glare shall emanate from or be visible beyond the boundaries of the illuminated premises. Should any other lighting, including the 25-foot high parking lot light poles, or 70-foot high ball field lights be replaced, any new lighting would need to meet the requirements of Section 35-712 (Lighting) of the City Zoning Code by not exceeding three (3) foot candles measured at property lines abutting residentially zoned property, or 10 foot candles when abutting street right-of-way or non-residentially zoned properties. Landscaping The Applicant did not submit a Landscape Plan as part of the proposal. As mentioned previously, minimal site work is to take place, and although select trees and shrubs are to be removed to allow for work to be completed on the new front entry addition, the Applicant intends to replant the trees and shrubs once construction is complete. 1 1 2 1 1 3 1 4 1 1 5 1 1 ________________ App. No. 2018-015 PC 09/13/2018 Page 7 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.” City staff reviewed the parking areas to determine whether adequate screening was provided at the parking lots. Per a review of the Subject Property, there are opportunities to introduce landscaping for screening purposes along the westernmost parking lot off 59th Avenue North (identified as Lot #2 on Map 2 above). As part of the original approval of the school in 2002, a Landscape Plan was submitted that identified landscaping for the new school and park, and the tree types and locations were explained in detail in the staff report submitted under Planning Commission Application No. 2002-010, including the installation of boulevard trees along the green strip running along 59th Avenue North. The Applicant should review the originally approved Landscape Plan and identify any areas of deficiency. Any new areas of landscaping should be irrigated per City Code. 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 August 24, 2018, attached hereto (Exhibit C). It should be noted that some of the outlined conditions may be applicable at time of approval for future land disturbance or Building Permits. As the total disturbed area is less than 0.5 acres, no project review is required for the West Mississippi Watershed Commission and an NPDES permit is not required. The Applicant should review the attached memorandum to identify what anticipated permitting and submittal requirements will be necessary in order to work through the City Building Permit review process. FIRE INSPECTOR REVIEW The Applicant shall work to ensure all 2015 Minnesota Fire Code requirements have been met as part of any building and site plan approval, including installation of a new Knox box on the front entrance if necessary, fire egress requirements, etc. SIGNAGE No formal requests for approval were made as part of the application submittal, although a wall sign is indicated on the new front entry addition. Any new signage, including wall and monument signs, would require conformance with Chapter 34 of the City Code (Sign Ordinance), and specifically for Public Uses. Under the Sign Code, Public Uses are permitted one wall sign (not to exceed 36 square feet) and one wall sign immediately above or beside each public entrance to that part of the building that is used as a school and meets the requirements of the Minnesota Department of Education. These sign areas shall not exceed 10 square feet. 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 site and building plans for the proposed 1,200-square foot front entry addition, 23,551-square foot second story addition and select site improvements along the proposed new front entrance area for the property located at 1500 59th Avenue North; subject to the Applicant complying with the comments outlined in the Approval Conditions noted below. ________________ App. No. 2018-015 PC 09/13/2018 Page 8 APPROVAL CONDITIONS Staff recommends the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. 2018-015 for the Subject Property located at 1500 59th 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 other fire related building code items shall be reviewed and approved by the Fire Inspector. a. Final construction and demolition plans are to be submitted to the City for review and issuance of a demolition and Building Permit. 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 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. b. A Construction Management Plan and Agreement and associated escrow deposit is required prior to Building Permit release. c. The Developer shall submit an as-built survey of the property, improvements, and any utility service lines prior to release of the Performance Agreement financial guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer’s Review memo, dated August 24, 2018 (Exhibit C). a. Final grading, drainage, utility and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. 4. Construction Standards: a. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City’s Public Works Department. b. All work performed and materials used for construction of any utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. A Construction Management Plan and Agreement shall be required prior to issuance of a Building or Land Alteration Permit. 5. Landscaping: All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. a. The Applicant shall review the Landscape Plan approved under Planning Commission Application No. 2002-010 and determine whether deficiencies exist. ________________ App. No. 2018-015 PC 09/13/2018 Page 9 b.The Applicant shall identify areas to introduce screening landscaping along the parking lot located west of the school and along 59th Avenue North. Landscape Plans shall be submitted as part of any Building Permit approval. c.The contractor shall submit irrigation shop drawings for review and approval prior to installation of any new landscaping. 6.Signage: Signage for the Subject Property is subject to the Public Use allowances as identified within Chapter 34 (Sign Ordinance). Any requests for wall or freestanding signage will require the Applicant to submit a Sign Permit application to the City for review and approval. RECOMMENDATION Based on the above-noted findings, staff recommends the Planning Commission recommends: The Planning Commission recommends approval to the City Council of the as proposed site and building plan approval for the proposed 1,200-square foot new front entry addition, 23,551-square foot second story addition, and select site improvements along the proposed new front entrance area for the property located at 1500 59th Avenue North, subject to the Applicant/Property Owner complying with the conditions outlined in the Approval Conditions of this Staff Report. Should the Planning Commission accept these recommendations, the Commission may elect to adopt the draft resolution, to be provided at the Planning Commission meeting. Attachments Exhibit A- Select Plans for Earle Brown Elementary School, dated August 14, 2018. Exhibit B- Select Planning Commission Application No. 2002-010 Materials, Earle Brown Elementary School Site and Building Plan and Special Use Permit, City Council Agenda Item No. 8a, dated July 25, 2002. Exhibit C- Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated August 24, 2018. SITE PLAN REVIEW SUBMITTAL 430 – 2nd Street.(952) 474-3291 Excelsior, MN 55331 www.teamtsp.com PROJECT: Brooklyn Center Schools – Earle Brown Elementary School DATE: August 14, 2018 RE: Site Plan Review Submittal PROJECT DESIGN NARRATIVE: This project consists of a new secured entry addition at approximately 1,200 square feet, a 23,551 square foot second story addition to the eastern most building wing and renovations to various portions of the existing 139,357 square foot building. The intent of the new addition exterior design is to replicate the color, texture and material of the existing building. The design will consist of a composition of stucco, metal wall panels, aluminum framed storefront and window/door framing. The addition will not replicate any of the existing gabled roof forms. One of the project objectives is to create a more secure public entry. The security aspect is addressed by utilizing a security vestibule arrangement and locating the main reception area in the new addition. Once a building visitor enters through the outer vestibule doors, they would interact with school staff to gain further entry into the building, or have proper credentials that allow them through the security control point. The original building was not designed for the Pre-Kindergarten program that the school now offers. This has caused Earle Brown to become over capacity and has put strain on square footage needed for instructional space. Currently the school is not able to have all of the Pre-K students in the same location which causes operational and staffing inefficiencies, as well as they are instructing students in any available spaces which are not always the most adequate for the material being taught. The second story addition will allow for more instructional space and will allow the school to re-assign existing rooms in order to create a dedicated Pre-K pod as well as align other grade levels appropriately. The second story addition will provide (2) new STEAM classrooms, (1) additional Art Room, (2) Flexible Classrooms and a Multi-Purpose room along with an additional main stair and other storage and mechanical spaces. Some building interior reconfigurations are occurring with this project. The family resource area is being updated in order to better support students, family and community, Special Education will be reconfigured to better create spaces that can adapt to student needs, and the Administration area will see some improvements due to the relocation of the reception to the new secured entry addition. Deferred maintenance items are being incorporated into the project, responding to the referendum descriptions. CITY OF BROOKLYN CENTER ARCHITECTURAL DESIGN GUIDELINES: The project will comply with the City of Brooklyn Center Architectural Design Guidelines: Building Materials, Building Mass, Façade Design, Doors and Windows. BUILDING CODE SUMMARY See sheets G-101 and G-102 in the drawing set for a complete Building Code Summary ARCHITECTURAL SPECIFICATIONS TABLE OF CONTENTS: See attached Table of Contents from the Project Specifications. Exhibit A X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 2 C 1 . 0 1 S I T E P L A N E X I S T I N G E A R L E B R O W N E L E M E N T A R Y S C H O O L P R O P O S E D A D D I T I O N S T A T E H W Y N O . 1 0 0 5 9 T H A V E N 5 9 T H A V E N 6 0 T H A V E N HUMBOLDT AVE N KNOX AVE N JAMES AVE N IRVING AVE N HUMBOLDT AVE N 1 5 0 5 0 S C A L E I N F E E T K n o w w h a t ' s b e l o w . C a l l b e f o r e y o u d i g . R 2 O V E R A L L S I T E P L A N 1 " = 5 0 ' © T S P , I n c . 2 0 1 8 I S S U E S S H E E T N U M B E R S H E E T T I T L E C 1 A B 2 3 D E 1 2 3 4 5 6 4 5 6 A B C D E T S P , I n c . P R O J E C T T I T L E 4 3 0 2 n d S t r e e t E x c e l s i o r , M N 5 5 3 3 1 ( 9 5 2 ) 4 7 4 - 3 2 9 1 w w w . t e a m t s p . c o m I S S U E D A T E C H E C K E D B Y D R A W N B Y P R O J E C T # LISTED DRAWINGS SCALE(S) UNLESS REDUCED FROM ORIGINAL 30 x 42 FORMAT C O N S U L T A N T S A r c h i t e c t u r e E n g i n e e r i n g P l a n n i n g 7/12/2018 11:00:58 AM I:\_TSP Revit Local\05161256.1 Brooklyn Ctr ISD #286_Earle Brown Addition & Remodel_A17_kannjm.rvt DESIGN DEVELOPMENT SUBMITTAL B r o o k l y n C e n t e r , M N E A R L E B R O W N A D D I T I O N & R E M O D E L B R O O K L Y N C E N T E R I S D # 2 8 6 L T H 0 7 / 1 3 / 2 0 1 8 M J W 0 5 1 6 1 2 5 6 . 1 M A R K D A T E D E S C R I P T I O N 9 0 1 N 3 r d S T R E E T , S U I T E 1 2 0 M I N N E A P O L I S , M N 5 5 4 0 1 w w w . e l a n l a b . c o m p 6 1 2 . 2 6 0 . 7 9 8 0 f 6 1 2 . 2 6 0 . 7 9 9 0 I h e r e b y c e r t i f y t h a t t h i s p l a n w a s p r e p a r e d b y m e , o r u n d e r m y d i r e c t s u p e r v i s i o n , a n d t h a t I a m a d u l y L i c e n s e d P r o f e s s i o n a l E n g i n e e r u n d e r t h e l a w s o f t h e s t a t e o f M I N N E S O T A . M a r c e l l e J . W e s l o c k , P E , L E E D A P 4 2 3 2 3 0 7 / 1 3 / 2 0 1 8 R E G I S T R A T I O N N O . D A T E N O T F O R C O N S T R U C T I O N O V E R A L L S I T E P L A N C 1 . 0 0 L E G E N D P E R V I O U S A R E A P R O J E C T A R E A S U M M A R Y S I T E 5 0 5 , 3 6 6 S F . ( 1 1 . 6 0 A C . ) E X I S T I N G P R O P O S E D B U I L D I N G 1 0 0 , 7 5 9 S F . 1 0 0 , 7 5 9 S F . A D D I T I O N - 1 , 5 6 7 S F . W A L K / D R I V E 1 5 2 , 5 7 0 S F . 1 5 1 , 8 3 5 S F . P O N D 1 9 , 2 7 6 S F . 1 9 , 2 7 6 S F . T O T A L I M P E R V I O U S 2 7 2 , 6 0 5 S F . 2 7 3 , 4 3 7 S F . P E R V I O U S 2 3 2 , 7 6 1 S F . 2 3 1 , 9 2 9 S F . B U I L D I N G A D D I T I O N E X I S T I N G E A R L E B R O W N E L E M E N T A R Y S C H O O L 1 0 0 , 7 5 9 S F R E M O V E C O N C R E T E T O E X I S T I N G J O I N T - F I E L D V E R I F Y R E M O V E A N D S A L V A G E T R E E R E L O C A T E E X I S T I N G E L E C C O N D U I T A S N E E D E D T O A V O I D B U I L D I N G A D D I T I O N O V E R H A N G C O L U M N S . R E M O V E L I G H T R E M O V E A N D S A L V A G E B E N C H P R O T E C T B U I L D I N G P R O T E C T T R E E P R O T E C T T R E E R E M O V E A N D S A L V A G E S H R U B S L O C A T E D I N F O O T P R I N T O F P R O P O S E D A D D I T I O N R E M O V E A N D S A L V A G E S H R U B S L O C A T E D I N F O O T P R I N T O F P R O P O S E D A D D I T I O N 1 0 ' 1 6 . 6 7 ' R 1 0 ' 5 ' R E F E R T O B U I L D I N G P L A N S F O R B U I L D I N G D E M O L I T I O N E X I S T I N G E A R L E B R O W N E L E M E N T A R Y S C H O O L 1 0 0 , 7 5 9 S F E 3 C 5 . 0 1 S I D E W A L K J O I N T ( T Y P ) P R O P O S E D A D D I T I O N ± 1 , 5 6 7 S F R E I N S T A L L B E N C H E S C O L U M N ( T Y P ) E 1 C 5 . 0 1 S I D E W A L K P A V E M E N T S E C T I O N ( T Y P ) A L I G N J O I N T S W I T H E X I S T I N G S I D E W A L K J O I N T S R E L O C A T E E X I S T I N G E L E C C O N D U I T A S N E E D E D T O A V O I D B U I L D I N G A D D I T I O N C O L U M N S . R E I N S T A L L S A L V A G E D S H R U B S 1 0 ' 1 6 . 6 7 ' R 1 0 ' 5 ' 3 0 1 0 S C A L E I N F E E T K n o w w h a t ' s b e l o w . C a l l b e f o r e y o u d i g . R 1 D E M O L I T I O N P L A N 1 " = 1 0 ' D E M O L I T I O N P L A N L E G E N D R E M O V E C O N C R E T E S I T E P L A N L E G E N D C O N C R E T E P A V E M E N T 1 . D I M E N S I O N S S H O W N O N T H I S P L A N A R E T O F A C E O F C U R B A N D E X T E R I O R F A C E O F B U I L D I N G U N L E S S N O T E D O T H E R W I S E . 2 . M E E T A N D M A T C H E X I S T I N G C O N D I T I O N S . P R O V I D E T R A N S I T I O N A S N E C E S S A R Y . S I T E P L A N N O T E S D E M O L I T I O N P L A N N O T E S 1 . B A C K G R O U N D I N F O R M A T I O N A N D T O P O G R A P H I C S U R V E Y T A K E N F R O M S U R V E Y D A T E D M A Y 2 5 , 2 0 1 8 B Y S U N D E L A N D S U R V E Y I N G , B L O O M I N G T O N , M I N N E S O T A , E X P R E S S L Y F O R T H I S P R O J E C T . E L A N D E S I G N L A B C A N N O T G U A R A N T Y T H E A C C U R A C Y O R C O M P L E T E N E S S O F T H I S I N F O R M A T I O N . V E R I F Y A L L F I E L D C O N D I T I O N S A N D U T I L I T Y L O C A T I O N S P R I O R T O E X C A V A T I O N / C O N S T R U C T I O N . I F A N Y D I S C R E P A N C I E S O R U N K N O W N U T I L I T I E S A R E F O U N D T H A T I M P A C T D E S I G N O R I M P A I R C O N S T R U C T I O N , T H E E N G I N E E R A N D O W N E R S H O U L D B E I M M E D I A T E L Y N O T I F I E D . 2 . C O N T R A C T O R S H A L L B R I N G A N Y C H A N G E D O R U N F O R E S E E N C O N D I T I O N S T H A T C O U L D R E S U L T I N A D D I T I O N A L C O S T T O T H E A T T E N T I O N O F T H E O W N E R A N D E N G I N E E R A S S O O N A S T H E Y A R E D I S C O V E R E D S O T H A T T H E Y C A N B E P R O P E R L Y D O C U M E N T E D . F A I L U R E T O N O T I F Y O R C O V E R I N G U N - W I T N E S S E D W O R K S H A L L R E S U L T I N R E J E C T I O N O F C L A I M S F O R A D D I T I O N A L C O M P E N S A T I O N . 3 . P R O T E C T A L L S T R U C T U R E S A N D L A N D S C A P E N O T L A B E L E D F O R D E M O L I T I O N F R O M D A M A G E D U R I N G C O N S T R U C T I O N . A N Y O N - S I T E O R O F F - S I T E A R E A S D I S T U R B E D D I R E C T L Y O R I N D I R E C T L Y D U E T O C O N S T R U C T I O N S H A L L B E R E T U R N E D T O A C O N D I T I O N E Q U A L T O O R B E T T E R T H A N T H E E X I S T I N G C O N D I T I O N . C O N T R A C T O R I S S O L E L Y R E S P O N S I B L E F O R A N Y C I V I L P E N A L T I E S R E S U L T I N G F R O M T H E I R W O R K U N D E R T H I S C O N T R A C T . 4 . N O D E M O L I T I O N M A T E R I A L S S H A L L B E D I S P O S E D O F O N - S I T E . A L L D E B R I S S H A L L B E H A U L E D O F F - S I T E T O A D I S P O S A L A R E A A P P R O V E D B Y A P P R O P R I A T E G O V E R N M E N T A L A U T H O R I T I E S F O R T H E H A N D L I N G O F D E M O L I T I O N D E B R I S . W O R K S I T E S H A L L B E L E F T I N A C O N D I T I O N T H A T M I N I M I Z E S E R O S I O N P O T E N T I A L O N A N I G H T L Y B A S E . 5 . L I M I T C O N S T R U C T I O N A C T I V I T I E S T O T H E R E M O V A L L I M I T S S H O W N O N T H E P L A N . A L L C O N S T R U C T I O N A C T I V I T I E S S H A L L C O M P L Y W I T H L O C A L O R D I N A N C E S . 6 . C O N S T R U C T I O N E N T R A N C E S H A L L B E I N P L A C E A S S O O N A S D E M O L I T I O N O P E R A T I O N S A L L O W . S E E S H E E T C 2 . 0 1 F O R E R O S I O N C O N T R O L M E A S U R E S A N D A P P R O P R I A T E S T A G I N G . 7 . P R O V I D E N E C E S S A R Y B A R R I C A D E S , S U F F I C I E N T L I G H T S , S I G N S A N D O T H E R P E D E S T R I A N A N D T R A F F I C C O N T R O L M E T H O D S A S M A Y B E N E C E S S A R Y F O R T H E P R O T E C T I O N A N D S A F E T Y O F T H E P U B L I C A N D M A I N T A I N T H R O U G H O U T T H E L I F E O F T H E P R O J E C T . 8 . R E F E R T O B U I L D I N G D E M O L I T I O N P L A N S F O R D E M O L I T I O N O F E X T E R I O R B U I L D I N G C O M P O N E N T S . P E R V I O U S A R E A 2 S I T E P L A N 1 " = 1 0 ' © T S P , I n c . 2 0 1 8 I S S U E S S H E E T N U M B E R S H E E T T I T L E C 1 A B 2 3 D E 1 2 3 4 5 6 4 5 6 A B C D E T S P , I n c . P R O J E C T T I T L E 4 3 0 2 n d S t r e e t E x c e l s i o r , M N 5 5 3 3 1 ( 9 5 2 ) 4 7 4 - 3 2 9 1 w w w . t e a m t s p . c o m I S S U E D A T E C H E C K E D B Y D R A W N B Y P R O J E C T # LISTED DRAWINGS SCALE(S) UNLESS REDUCED FROM ORIGINAL 30 x 42 FORMAT C O N S U L T A N T S A r c h i t e c t u r e E n g i n e e r i n g P l a n n i n g 7/12/2018 11:00:58 AM I:\_TSP Revit Local\05161256.1 Brooklyn Ctr ISD #286_Earle Brown Addition & Remodel_A17_kannjm.rvt DESIGN DEVELOPMENT SUBMITTAL B r o o k l y n C e n t e r , M N E A R L E B R O W N A D D I T I O N & R E M O D E L B R O O K L Y N C E N T E R I S D # 2 8 6 L T H 0 7 / 1 3 / 2 0 1 8 M J W 0 5 1 6 1 2 5 6 . 1 M A R K D A T E D E S C R I P T I O N 9 0 1 N 3 r d S T R E E T , S U I T E 1 2 0 M I N N E A P O L I S , M N 5 5 4 0 1 w w w . e l a n l a b . c o m p 6 1 2 . 2 6 0 . 7 9 8 0 f 6 1 2 . 2 6 0 . 7 9 9 0 I h e r e b y c e r t i f y t h a t t h i s p l a n w a s p r e p a r e d b y m e , o r u n d e r m y d i r e c t s u p e r v i s i o n , a n d t h a t I a m a d u l y L i c e n s e d P r o f e s s i o n a l E n g i n e e r u n d e r t h e l a w s o f t h e s t a t e o f M I N N E S O T A . M a r c e l l e J . W e s l o c k , P E , L E E D A P 4 2 3 2 3 0 7 / 1 3 / 2 0 1 8 R E G I S T R A T I O N N O . D A T E N O T F O R C O N S T R U C T I O N D E M O L I T I O N & S I T E P L A N C 1 . 0 1 E X I S T I N G E A R L E B R O W N E L E M E N T A R Y S C H O O L 1 0 0 , 7 5 9 S F R O C K S E D I M E N T L O G ( T Y P ) 8 4 7 . 1 2 ± M A T C H 8 4 7 . 5 2 2 . 0 % 2 . 3 6 % 2 . 8 1 % 8 4 7 . 4 2 8 4 7 . 3 4 1 . 6 0 % 2 . 0 % 8 4 7 847 8 4 7 . 4 2 8 4 6 . 8 6 ± M A T C H 2 . 3 6 % 0. 6 3 % ( E X ) 0. 6 3 % ( E X ) 2 . 8 1 % 8 4 6 . 9 5 ± M A T C H 1 . 6 0 % 8 4 7 . 5 2 P R O P O S E D A D D I T I O N ± 1 , 5 6 7 S F F F E 8 4 7 . 5 2 F F E 8 4 7 . 5 2 8 4 7 . 3 0 2 . 3 6 % C 2 C 5 . 0 1 T R E E P R O T E C T I O N F E N C E C 1 C 5 . 0 1 5 ' 3 0 1 0 S C A L E I N F E E T K n o w w h a t ' s b e l o w . C a l l b e f o r e y o u d i g . R 1 G R A D I N G & E R O S I O N C O N T R O L P L A N 1 " = 1 0 ' E R O S I O N C O N T R O L L E G E N D T R E E P R O T E C T I O N F E N C E R O C K S E D I M E N T L O G G R A D I N G & E R O S I O N C O N T R O L N O T E S 1 . V E R I F Y A L L F I E L D C O N D I T I O N S A N D U T I L I T Y L O C A T I O N S P R I O R T O E X C A V A T I O N / C O N S T R U C T I O N . I F A N Y D I S C R E P A N C I E S O R U N K N O W N U T I L I T I E S A R E F O U N D T H A T I M P A C T D E S I G N O R I M P A I R C O N S T R U C T I O N , T H E E N G I N E E R A N D O W N E R S H O U L D B E I M M E D I A T E L Y N O T I F I E D . 2 . R E L O C A T E B E N C H M A R K S A S N E C E S S A R Y W I T H N E W B E N C H M A R K L O C A T I O N S W I T H I N A T O L E R A N C E O F 0 . 0 1 0 V E R T I C A L F E E T . 3 . T H E P R O P O S E D G R A D E S S H O W N O N T H E G R A D I N G P L A N A R E F I N I S H E D G R A D E S . S P O T E L E V A T I O N S A L O N G C U R B L I N E S R E P R E S E N T T H E F L O W L I N E U N L E S S O T H E R W I S E N O T E D . 4 . G R A D I N G A C T I V I T Y W H I C H B L O C K S T R A F F I C O F A N Y S T R E E T , A L L E Y , O R D R I V E I S S U B J E C T T O A P P R O V A L B Y T H E C I T Y O F B R O O K L Y N C E N T E R . 5 . C O N T R A C T O R S H A L L S T O P W O R K I M M E D I A T E L Y A N D N O T I F Y T H E A R C H I T E C T I F C O N T A M I N A N T S A R E F O U N D I N T H E E X I S T I N G S O I L S . 6 . A L O N G A C C E S S I B L E R O U T E S , C R O S S - S L O P E S S H A L L N O T E X C E E D 2 . 0 % A N D L O N G I T U D I N A L S L O P E S S H A L L N O T E X C E E D 5 % . 7 . C O N T R A C T O R S H A L L S E E D , F E R T I L I Z E A N D M U L C H A L L D I S T U R B E D A R E A S F O L L O W I N G F I N A L G R A D I N G A C T I V I T I E S . 8 . A L L G R A D E S W I T H I N T H E L A N D S C A P E D A R E A S H A L L N O T E X C E E D 3 H O R I Z O N T A L T O 1 V E R T I C A L A N D H A V E A M I N I M U M G R A D E O F 2 % . 9 . A L L P A V E M E N T G R A D E S S H A L L B E A S F O L L O W S U N L E S S O T H E R W I S E N O T E D : C O N C R E T E P A V E M E N T - 0 . 5 % M I N I M U M , 5 % M A X I M U M 1 0 . F O L L O W A L L L O C A L , C O U N T Y , W A T E R S H E D , A N D S T A T E R E Q U I R E M E N T S C O V E R I N G S T O R M W A T E R C O M P L I A N C E . 1 1 . T H E C O N T R A C T O R S H A L L L I M I T T H E I R A C T I V I T I E S T O T H E G R A D I N G L I M I T S S H O W N O N T H E G R A D I N G P L A N . A L L C O N S T R U C T I O N A C T I V I T I E S S H A L L C O M P L Y W I T H L O C A L O R D I N A N C E . T H E C O N T R A C T O R S H A L L S C H E D U L E T H E I R O P E R A T I O N S T O M I N I M I Z E T H E D I S T U R B E D A R E A A T A N Y G I V E N T I M E . I M P E R V I O U S P E R V I O U S E X I S T I N G P R O P O S E D B U I L D I N G T O T A L I M P V N P D E S A R E A S U M M A R Y T O T A L * 0 S F ( 0 . 0 0 A C ) P A V E M E N T 1 , 5 0 5 S F ( 0 . 0 4 A C ) 1 , 5 0 5 S F ( 0 . 0 4 A C ) 1 , 8 1 3 S F ( 0 . 0 4 A C ) 3 , 3 1 8 S F ( 0 . 0 8 A C ) 1 , 5 6 7 S F ( 0 . 0 4 A C ) 7 7 0 S F ( 0 . 0 2 A C ) 2 , 3 3 7 S F ( 0 . 0 6 A C ) 9 8 1 S F ( 0 . 0 2 A C ) 3 , 3 1 8 S F ( 0 . 0 8 A C ) * T A B L E R E P R E S E N T S D I S T U R B E D A R E A O N L Y © T S P , I n c . 2 0 1 8 I S S U E S S H E E T N U M B E R S H E E T T I T L E C 1 A B 2 3 D E 1 2 3 4 5 6 4 5 6 A B C D E T S P , I n c . P R O J E C T T I T L E 4 3 0 2 n d S t r e e t E x c e l s i o r , M N 5 5 3 3 1 ( 9 5 2 ) 4 7 4 - 3 2 9 1 w w w . t e a m t s p . c o m I S S U E D A T E C H E C K E D B Y D R A W N B Y P R O J E C T # LISTED DRAWINGS SCALE(S) UNLESS REDUCED FROM ORIGINAL 30 x 42 FORMAT C O N S U L T A N T S A r c h i t e c t u r e E n g i n e e r i n g P l a n n i n g 7/12/2018 11:00:58 AM I:\_TSP Revit Local\05161256.1 Brooklyn Ctr ISD #286_Earle Brown Addition & Remodel_A17_kannjm.rvt DESIGN DEVELOPMENT SUBMITTAL B r o o k l y n C e n t e r , M N E A R L E B R O W N A D D I T I O N & R E M O D E L B R O O K L Y N C E N T E R I S D # 2 8 6 L T H 0 7 / 1 3 / 2 0 1 8 M J W 0 5 1 6 1 2 5 6 . 1 M A R K D A T E D E S C R I P T I O N 9 0 1 N 3 r d S T R E E T , S U I T E 1 2 0 M I N N E A P O L I S , M N 5 5 4 0 1 w w w . e l a n l a b . c o m p 6 1 2 . 2 6 0 . 7 9 8 0 f 6 1 2 . 2 6 0 . 7 9 9 0 I h e r e b y c e r t i f y t h a t t h i s p l a n w a s p r e p a r e d b y m e , o r u n d e r m y d i r e c t s u p e r v i s i o n , a n d t h a t I a m a d u l y L i c e n s e d P r o f e s s i o n a l E n g i n e e r u n d e r t h e l a w s o f t h e s t a t e o f M I N N E S O T A . M a r c e l l e J . W e s l o c k , P E , L E E D A P 4 2 3 2 3 0 7 / 1 3 / 2 0 1 8 R E G I S T R A T I O N N O . D A T E N O T F O R C O N S T R U C T I O N G R A D I N G & E R O S I O N C O N T R O L P L A N C 2 . 0 1 NOMINAL LUMEN OUTPUT INPUT WATTS*EFFICACY 500 lm/ft 5.5 W/ft 91 lm/W 750 lm/ft 8.3 W/ft 90 lm/W Please consult factory for custom lumen output and wattage. Notes Type Project PERFORMANCE PER LINEAR FOOT AT 3500K WBRLED S PRODUCT ID NOM.LUMENS/FT CRI COLOR TEMP.SHIELDING LENGTH (FT) WBRLED Recessed LED 500 500 lm/ft - Min.80 80 CRI 27 2700 K S satin lens 2 2’ 750 750 lm/ft - Max.90 90 CR 30 3000 K 3 3’ 35 3500 K 4 4’ 40 4000 K 5 5’ 8 8’ S#system run Outputs between listed min and max are available. Consult factory for outputs outside of the listed range. BATTERY (OPTIONAL)OTHER (OPTIONAL)IC CONTROLS (OPTIONAL)CUSTOM (OPTIONAL) B#battery pack (integral)F fuse (6)OS#occupancy sensor C custom EF end feed *EN Enlighted integral N natatorium finish WC#wireless control dimming Not available with 347V Please consult factory (6) Requires 120V or 277V; * See page 3 for more details. See integrated controls guide for further details Please consult factory Please specify Ordering Guide cULus ListedType I.C. IC CONTROLSENSORS 5LED B O A R D & DRI V E R L U MINAIREWARRANTY YEAR RECESSED HORIZONTAL MOUNT © 2016 Axis Lighting Inc. 1.800.263.2947 [T] 514.948.6272 Product design and development is an ongoing process at Axis Lighting. We reserve the right to change specifications. Contact Axis for the latest product information. 1 / 4 FILE NAME:WBR.LED-B3.SPEC June 8, 2018 axislighting.com 3 1/16” 3 1/2” 4” 4 1/8” hole width FINISH VOLTAGE DRIVER CIRCUITS MOUNTINGS AP aluminum paint 120 120 V DP dimming (0-10V) 1%1 1 circuit D drywall flangeless W white 277 277 V D dimming (0-10V) 5% 347V standard (2)2 2 circuits DF drywall flange C custom 347 347 V (1)LT Lutron (3)+E(#)emergency circuit (5)DS drywall spackle flange UNV universal BI bi-level dimming +NL(#)night light circuit (5) O other (4)+GTD(#)generator transfer device (5) (1) D dimming (0-10V) 5% standard (2) Operating up to -20°C; for 347V only (3) Operating up to -20°C; Specify system (4) Please consult factory; see page 2 (5) Specify quantity VICINITY MAP PLAN NORTH PROJECT LOCATION INDEX TO DRAWINGS MOST COMMONLY USED ABBREVIATIONS D DEPTH DBL DOUBLE DEMO DEMOLITION, DEMOLISH DEPT DEPARTMENT DET DETAIL DF DRINKING FOUNTAIN DFPT DRYFALL PAINT DIA DIAMETER DIAG DIAGONAL DIM DIMENSION DIV DIVIDE, DIVISION DISP DISPENSER DN DOWN DR DOOR DS DOWNSPOUT DW DISHWASHER DWG DRAWING (S) DWR DRAWER DWTR DUMBWAITER --------------------- (E) EXISTING E EAST EA EACH EF EACH FACE EJ EXPANSION JOINT EL ELEVATION ELEC ELECTRICAL ELEV ELEVATOR ENL ENLARGED EMER EMERGENCY ENGR ENGINEER EOP EDGE OF PAVEMENT EPDM ETHYLENE PROPYLENE DIENE MONOMER EPS EXPANDED POLYSTYRENE BOARD EPT EPOXY PAINT EQ EQUAL EQUIP EQUIPMENT ES EACH SIDE EST ESTIMATE ETC ETCETERA ETR EXISTING TO REMAIN EW EACH WAY EXIST EXISTING EXC EXCAVATE/EXCAVATION EXH EXHAUST EXP EXPANSION/EXPOSED EXT EXTERIOR EWC ELECTRIC WATER COOLER EWS EYE WASH AND SHOWER --------------------- FA FIRE ALARM FAB FABRICATE/FABRICATION FD FLOOR DRAIN FDC FIRE DEPRATMENT CONNECTION FDTN FOUNDATION FE FIRE EXTINGUISHER FEC FIRE EXTINGUISHER CABINET FF FINISHED FLOOR FFE FINISH FLOOR ELEVATION FIN FINISH (ED) FLOUR FLOURESCENT FLR FLOOR (ING) FO FACE OF FOC FACE OF CONCRETE FOM FACE OF MASONRY FOS FACE OF STUD FOF FACE OF FINISH ABBREVIATIONS: AB ANCHOR BOLT/ROD ABV ABOVE AC ASPHALTIC CONCRETE/AIR CONDITIONER ACC ACCESSIBLE ACM ALUMINUM COMPOSITE MATERIAL ACOUSACOUSTICAL ADD ADDENDUM ADH ADHESIVE ADJ ADJUSTABLE, ADJACENT, ADJOINING AFF ABOVE FINISH FLOOR AFG ABOVE FINISH GRADE ALT ALTERNATE ALUM ALUMINUM APC ACOUSTICAL PANEL CEILING ARCH ARCHITECT (URAL) ASI ARCHITECTURAL SUPPLEMENTAL INFORMATION --------------------- BD BOARD BEV BEVELED BFF BELOW FINISH FLOOR BL BRICK LEDGE BLDG BUILDING BLKG BLOCK (ING) BM BEAM BOT BOTTOM BO BOTTOM OF BOC BOTTOM OF CONCRETE BOF BOTTOM OF FOOTING BRG BEARING BRK BRICK BSMT BASEMENT BTWN BETWEEN BUR BUILT-UP ROOFING --------------------- C CHANNEL/CELSIUS CAB CABINET CB CERAMIC BASE CD CONSTRUCTION DOCUMENTS CEM CEMENT CF CUBIC FEET OR FOOT CG CORNER GUARD CIPC CAST-IN-PLACE CONCRETE CJ CONTROL/CONSTRUCTION JOINT CL CENTER LINE CLG CEILING CLKG CAULKING CLR CLEAR, CLEARANCE CMU CONCRETE MASONRY UNIT CO CHANGE ORDER/CLEAN OUT COL COLUMN COMB COMBIMATION COMP COMPOSITE/COMPOSITION CONC CONCRETE CONN CONNECT (ION) CONST CONSTRUCTION CONT CONTINUOUS, CONTINUE CONTR CONTRACT (OR) COORDCOORDINATE CORR CORRUGATED/CORRIDOR CPT CARPET CSMT CASEMENT CT CERAMIC TILE CTB CARPET TILE BASE CTR CENTER FR FIRE RESISTANT/FRAME FRP FIBERGLASS REINFORCED PANEL FS FLOOR SINK FT FOOT, FEET/FIRE TREATED FTG FOOTING FURR FURRING FUT FUTURE --------------------- GA GAGE, GAUGE GB GRAB BAR GC GENERAL CONTRACTOR GALV GALVANIZED GI GALVANIZED IRON GL GLASS GLU LAM GLUE LAMINATED (BEAM) GWB GYPSUM WALL BOARD GYP GYPSUM --------------------- HB HOSE BIB HC HANDICAP / HOLLOW CORE HD HEAVY DUTY HDBD HARDBOARD HDR HEADER HDWD HARDWOOD HDWR HARDWARE HM HOLLOW METAL HORIZ HORIZONTAL HR HOUR HT HEIGHT HSS HOLLOW STRUCTURAL STEEL HVAC HEATING, VENTILATION, AIR- CONDITIONING --------------------- IBC INTERNATIONAL BUILDING CODE ID INSIDE DIAMETER/DIMENISON IN INCH(ES) INCL INCLUDE (D), INCLUDING INFO INFORMATION INSP INSPECTION INSTR INSTRUCTION(S) INSUL INSULATE (D), INSULATION INT INTERIOR --------------------- JAN JANITOR JST JOIST JT JOINT --------------------- KCJ KEYED CONSTRUCTION JOINT KO KNOCK OUT --------------------- L LENGTH / ANGLE LAB LABORATORY LAM LAMINATE (ED) LAV LAVATORY LB POUND LF LINEAR FEET LH LEFT HAND LKR LOCKER LOC LOCATION LONG LONGITUDINAL LT LIGHT LVR LOUVER LVT LUXURY VINYL TILE --------------------- MBC MINNESOTA BUILDING CODE MAS MASONRY MATL MATERIAL MAX MAXIMUM RFI REQUEST FOR INFORMATION RFP REQUEST FOR PROPOSAL RH RIGHT HAND RL RIDGE LINE RM ROOM RO ROUGH OPENING ROW RIGHT OF WAY RVS REVERSE (SIDE) RWL RAIN WATER LEADERSSOUTH --------------------- SB SPLASH BLOCK SC SOLID CORE SCHED SCHEDULE SCR SHOWER CURTAIN ROD SCT SECTION SD SOAP DISPENSER SF SQUARE FOOT SHT SHEET SHTHG SHEATHING SIM SIMILAR SLDG SLIDING SLNT SEALANT SND SANITARY NAPKIN DISPENSER SNDU SANITARY NAPKIN DISPOSAL UNIT SOG SLAB ON GRADE SPEC SPECIFICATION (S) SQ SQUARE SSM SOLID SURFACE MATERIAL SST STAINLESS STEEL ST STREET STC SOUND TRANSMISSION CLASS STD STANDARD STL STEEL STOR STORAGE STRUCT STRUCTURAL SUSP SUSPENDED SV SHEET VINYL SW SHEARWALL SYM SYMMETRICAL --------------------- T TREAD T&B TOP AND BOTTOM T&G TONGUE AND GROOVE TB TOWEL BAR TBD TO BE DETERMINED TEMP TEMPORARY/TEMPERED TER TERRAZZO THD THREAD (ED) (S) THK THICKNESS THRU THROUGH TKBD TACKBOARD TL TILE TO TOP OF TOB TOP OF BEAM TOC TOP OF CONCRETE/CURB TOD TOP OF DECK TOF TOP OF FOOTING (FOUNDATION) TOP TOP OF PIER TOJ TOP OF JOIST TOS TOP OF SLAB/STEEL TOW TOP OF WALL TPD TOILET PAPER DISPENSER TPO THERMOPLATIC POLYOLEFIN TPTN TOILET PARTITION TRANS TRANSVERSE TS TUBE STEEL TYP TYPICAL UG UNDERGROUND UH UNIT HEATER UNFIN UNFINISHED UNO UNLESS NOTED OTHERWISE UTIL UTILITY --------------------- V SHEAR VAR VARIES VB VAPOR BARRIER / VINYL BASE VCT VINYL COMPOSITION TILE VERT VERTICAL VEST VESTIBULE VIF VARIFY IN FIELD VR VAPOR RETARDER VWB VINYL WALL BASE VWC VINYL WALL COVERING --------------------- W WEST/WIDTH W/ WITH W/O WITHOUT WA WEDGE ANCHOR WB WOOD BASE WC WATER CLOSET WD WOOD/WOODWORK WDW WINDOW WF (W) WIDE FLANGE WG WALL GUARD WH WATER HEATER WI WROUGHT IRON WL WIND LOAD WP WATERPROOF (ING) WR WATER RESISTANT WSCT WAINSCOT WT WEIGHT/WINDOW TREATMENT WWF WELDED WIRE FABRIC SYMBOLS USED AS ABBREVIATIONS: & AND L ANGLE LL DOUBLE ANGLE @ AT d PENNEY # POUND OR NUMBER Ø ROUND OR DIAMETER MC MEDICINE CABINET MECH MECHANICAL MEMB MEMBRANE MEZZ MEZZANINE MFR MANUFACTURE (R) MIN MINIMUM MISC MISCELLANEOUS MO MASONRY OPENING MR MIRROR MTL METAL --------------------- (N) NEW N NORTH NA NOT APPLICABLE NIC NOT IN CONTRACT NO NUMBER NOM NOMINAL NTS NOT TO SCALE --------------------- OC ON CENTER OD OUTSIDE DIAMETER OFCI OWNER FURNISHED / CONTRACTOR INSTALLED OFOI OWNER FURNISHED / OWNER INSTALLED OH OVERHEAD OPP OPPOSITE OPG OPENING ORIG ORIGINAL ORD OVERFLOW ROOF DRAIN OZ OUNCE --------------------- PAR PARALLEL PCF POUNDS PER CUBIC FOOT PED PEDESTAL PERF PERFORATED PERP PERPENDICULAR PL PLATE PLAM PLASTIC LAMINATE PLYWD PLYWOOD PNL PANEL PR PAIR/PROPOSAL REQUEST PRCST PRECAST CONCRETE PREFAB PREFABRICATE PSI POUNDS PER SQUARE INCH PSF POUNDS PER SQUARE FOOT PT PAINT / PRESSURE TREATED PTD PAPER TOWEL DISPENSER PTN PARTITION PTR PAPER TOWEL RECEPTACLE PVC POLYVINYL CHLORIDE --------------------- QT QUARRY TILE --------------------- R RADIUS/RISER RB RUBBER BASE RBR RUBBER RCP REFLECTED CEILING PLAN RD ROOF DRAIN REBAR REINFORCING BAR REC RECESSED REF REFERENCE/REFRIGERATOR REINF REINFORCE (D), (ING), (MENT) REQ REQUIRE REQD REQUIRED RES RESILIANT FLOORING RET RETURN REV REVISION (S), REVISED A -5 0 1 A N N NA SHEET SEQUENCE NUMBER 01-99 SHEET TYPE DESIGNATOR DISCIPLINE CHARACTER MODIFIER CHARACTER SHEET TYPE DESIGNATORS 0 GENERAL (SYMBOLS LEGEND, NOTES, ETC) 1 PLANS (HORIZONTAL VIEWS) 2 ELEVATIONS (VERTICAL VIEWS) 3 SECTIONS (SECTIONAL VIEWS) 4 LARGE SCALE VIEWS 5 DETAILS 6 SCHEDULES AND DIAGRAMS 7 USER DEFINED 8 USER DEFINED 9 3D REPRESENTATIONS (ISO, PERSP, PHOTOS) 1 2 3 4 5 6 E2 E3 E4 C5 A4A1 A B C D E TSP A B C D E 1 2 3 4 5 6 DISCIPLINE CHARACTERS G GENERAL H HAZARDOUS C CIVIL L LANDSCAPE S STRUCTURAL A ARCHITECTURAL I INTERIOR P PLUMBING M MECHANICAL E ELECTRICAL T TELECOMMUNICATIONS R RESOURCE SHEET IDENTIFICATION TYPICAL MODIFIER CHARACTERS B SUBSTRUCTURES C CEILING/CHEMICALS D DEMOLITION E ELEMENTS F FRAMING/FURNISHINGS G GRAPHICS/GRADING H HVAC I INFORMATION/IMPROVEMENTS L LIGHTING N FINISHES P PLAN/PIPING/POWER/PAVING/PLANTING Q EQUIPMENT S SITE T TECHNOLOGY/TRANSPORTATION U UTILITIES TITLE/DISCIPLINE NAME/CONTACT COMPANY PHONE PROJECT MANAGER BERT HAGLUND TSP, Inc.952.474.3291 PROJECT ARCHITECT ROB COLLINS TSP, Inc.605.336.1160 CIVIL ENGINEER MARCIE WESLOCK ELAN DESIGN LAB 612.260.7980 STRUCTURAL ENGINEER TADD HOLT TSP, Inc.605.884.7090 INTERIOR DESIGNER LORETTA HAUGEN TSP, Inc.507.288.8155 MECHANICAL ENGINEER STEVEN TEBBEN TSP, Inc.605.336.1160 ELECTRICAL ENGINEER DARRELL BREN TSP, Inc.605.336.1160 DESIGN TEAM HaglundBE@teamtsp.com E-MAIL CollinsRR@teamtsp.com mweslock@elanlab.com HoltTM@teamtsp.com HaugenLA@teamtsp.com TebbenSM@teamtsp.com BrenDL@teamtsp.com I Hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. ARCHITECT Date: Print Name: Signature: License # Robert R. Collins 53244 © TSP, Inc. 2018 ISSUES SHEET NUMBER SHEET TITLE C 1 A B 2 3 D E 1 2 3 4 5 6 4 5 6 A B C D E TSP, Inc. PROJECT TITLE N OT F OR C O N ST R UC T ION 430 2nd Street Excelsior, MN 55331 (952) 474-3291 www.teamtsp.com ISSUE DATE CHECKED BY DRAWN BY PROJECT # LI S T E D D R A W I N G S S C A L E ( S ) U N L E S S R E D U C E D F R O M O R I G I N A L 3 0 x 4 2 F O R M A T CONSULTANTS Architecture Engineering Planning 08/14/2018 8/ 1 3 / 2 0 1 8 4 : 5 5 : 5 1 P M I: \ _ T S P R e v i t L o c a l \ 0 5 1 6 1 2 5 6 . 1 B r o o k l y n C t r I S D # 2 8 6 _ E a r l e B r o w n A d d i t i o n & R e m o d e l _ A 1 7 _ k a n n j m . r v t COVER SHEET - VOLUME 1 GI001 SI T E P L A N R E V I E W S U B M I T T A L Brooklyn Center, MN EARLE BROWN ADDITION & REMODEL BROOKLYN CENTER ISD #286 ---08/14/2018 ---05161256.1 SHEET INDEX - GENERAL VOLUME 1 GI001 COVER SHEET - VOLUME 1 G-101 FIRST LEVEL LIFE SAFETY PLAN G-102 SECOND LEVEL LIFE SAFETY PLAN SHEET INDEX - ARCHITECTURAL A-010 CONSTRUCTION TYPES & PARTITION TYPES AD111A FIRST LEVEL DEMOLITION PLAN - AREA A AD111B FIRST LEVEL DEMOLITION PLAN - AREA B AD111C FIRST LEVEL DEMOLITION PLAN - AREA C AD111D FIRST LEVEL DEMOLITION PLAN - AREA D AD111E FIRST LEVEL DEMOLITION PLAN - AREA E AD211A SECOND LEVEL DEMOLITION PLAN - AREA A AD211B SECOND LEVEL DEMOLITION PLAN - AREA B AD211C SECOND LEVEL DEMOLITION PLAN - AREA C ACD111 REFLECTED CEILING DEMOLITION PLAN - FIRST LEVEL ACD211 REFLECTED CEILING DEMOLITION PLAN - SECOND LEVEL AP100 OVERALL FIRST FLOOR PLAN AP111A FIRST LEVEL FLOOR PLAN - AREA A AP111B FIRST LEVEL FLOOR PLAN - AREA B AP111C FIRST LEVEL FLOOR PLAN - AREA C AP111D FIRST LEVEL FLOOR PLAN - AREA D AP111E FIRST LEVEL FLOOR PLAN - AREA E AP200 OVERALL SECOND FLOOR PLAN AP211A SECOND LEVEL FLOOR PLAN - AREA A AP211B SECOND LEVEL FLOOR PLAN - AREA B AP211C SECOND LEVEL FLOOR PLAN - AREA C AP211D SECOND LEVEL FLOOR PLAN - AREA D AP211E SECOND LEVEL FLOOR PLAN - AREA E AR111 ROOF PLAN AC111A FIRST LEVEL REFLECTED CEILING PLAN - AREA A AC111B FIRST LEVEL REFLECTED CEILING PLAN - AREA B AC111C FIRST LEVEL REFLECTED CEILING PLAN - AREA C AC111D FIRST LEVEL REFLECTED CEILING PLAN - AREA D AC111E FIRST LEVEL REFLECTED CEILING PLAN - AREA E AC211A SECOND LEVEL REFLECTED CEILING PLAN - AREA A AC211B SECOND LEVEL REFLECTED CEILING PLAN - AREA B AC211C SECOND LEVEL REFLECTED CEILING PLAN - AREA C AC211D SECOND LEVEL REFLECTED CEILING PLAN - AREA D AC211E SECOND LEVEL REFLECTED CEILING PLAN - AREA E A-201 EXTERIOR ELEVATIONS A-321 STAIR PLANS AND SECTIONS A-401 ENLARGED PLANS A-411 INTERIOR ELEVATIONS A-412 INTERIOR ELEVATIONS A-502 OPENING DETAILS A-520 CEILING DETAILS A-530 EXTERIOR DETIALS A-601 DOOR SCHEDULE, DOOR TYPES, FRAME TYPES, CURTAIN WALL ELEVATIONS A-901 3D VIEWS A-902 3D VIEWS SHEET INDEX - INTERIORS IN111A FIRST LEVEL FINISH PLAN - AREA A IN111B FIRST LEVEL FINISH PLAN - AREA B IN111C FIRST LEVEL FINISH PLAN - AREA C IN111D FIRST LEVEL FINISH PLAN - AREA D IN111E FIRST LEVEL FINISH PLAN - AREA E IN121A SECOND LEVEL FINISH PLAN - AREA A IN121B SECOND LEVEL FINISH PLAN - AREA B IN121C SECOND LEVEL FINISH PLAN - AREA C IN121D SECOND LEVEL FINISH PLAN - AREA D IN121E SECOND LEVEL FINISH PLAN - AREA E IN601 ROOM FINISH SCHEDULE - FIRST LEVEL IN602 ROOM FINISH SCHEDULE - SECOND LEVEL IN603 FINISH KEY BROOKLYN CENTER ISD #286 EARLE BROWN ADDITION & REMODEL SITE PLAN REVIEW SUBMITTAL 08/14/2018 Brooklyn Center, MN SHEET INDEX - CIVIL & LANDSCAPE C1.00 OVERALL SITE PLAN C1.01 DEMOLITION & SITE PLAN C2.01 GRADING & EROSION CONTROL PLAN C5.01 DETAILS L1.01 LANDSCAPE PLAN SHEET INDEX - STRUCTURAL S-001 STRUCTURAL GENERAL NOTES & TITLE SHEET S-101C FOUNDATION PLAN - AREA C S-102C SECOND LEVEL FRAMING PLAN - AREA C S-103C ROOF LEVEL FRAMING PLAN - AREA C S-501 DETAILS S-502 DETAILS S-601 SCHEDULES AND DETAILS MARK DATE DESCRIPTION UP UP UP UP UP UP UP I Hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. ARCHITECT Date: Print Name: Signature: License # Robert R. Collins 53244 NORTH AREA 'A' AREA 'B' AREA 'D' AREA 'C' AREA 'E' © TSP, Inc. 2018 ISSUES SHEET NUMBER SHEET TITLE C 1 A B 2 3 D E 1 2 3 4 5 6 4 5 6 A B C D E TSP, Inc. PROJECT TITLE N OT F OR C O N ST R UC T ION 430 2nd Street Excelsior, MN 55331 (952) 474-3291 www.teamtsp.com ISSUE DATE CHECKED BY DRAWN BY PROJECT # LI S T E D D R A W I N G S S C A L E ( S ) U N L E S S R E D U C E D F R O M O R I G I N A L 3 0 x 4 2 F O R M A T CONSULTANTS Architecture Engineering Planning 08/14/2018 8/ 1 3 / 2 0 1 8 4 : 3 9 : 0 0 P M I: \ _ T S P R e v i t L o c a l \ 0 5 1 6 1 2 5 6 . 1 B r o o k l y n C t r I S D # 2 8 6 _ E a r l e B r o w n A d d i t i o n & R e m o d e l _ A 1 7 _ k a n n j m . r v t OVERALL FIRST FLOOR PLAN AP100 SI T E P L A N R E V I E W S U B M I T T A L Brooklyn Center, MN EARLE BROWN ADDITION & REMODEL BROOKLYN CENTER ISD #286 JMK07/13/2018 RRC05161256.1 SCALE: 3/64" = 1'-0" OVERALL FIRST LEVEL FLOOR PLAN - FOR REFERENCE ONLY PLAN NORTH MARK DATE DESCRIPTION SHEET GENERAL NOTES: UP UP KEY NOTES: FLOOR PLAN A. ALL PENETRATIONS THROUGH FIRE RATED WALLS SHALL COMPLY WITH THE BUILDING CODE AND NFPA. B. PROVIDE BLOCKING AT PARTITIONS AS REQUIRED FOR MOUNTING OF FURNISHED AND NON- FURNISHED WALL MOUNTED ITEMS. C. ALIGN FINISHED FACE OF CONTINUOUS PARTITIONS THAT CHANGE PARTITION TYPES ALONG A STRAIGHT RUN. D. EDGE OF INTERIOR DOOR FRAMES TO BE 4" FROM ADJACENT WALL, UNLESS NOTED OTHERWISE. E. REFER TO SHEET A-601 FOR DOOR SCHEDULE AND TYPES. ALL FRAMES TO BE HM AND ALL DOORS TO BE WOOD UNLESS NOTED OTHERWISE. F. REFER TO SHEET A-602 FOR WINDOW TYPES. ALL WINDOWS TO BE MAROON COLORED ALUM SF TO MATCH EXISITNG UNLESS NOTED OTHERWISE. G. ALL WALL DIMENSIONS ARE TO FACE OF GYPSUM BOARD, CMU, BRICK, OR CONCRETE; UNLESS NOTED OTHERWISE. DOOR TAG ROOM TAG REVISION TAG FIRE EXTINGUISHER CABINETFEC FIRE EXTINGUISHERFE KEYNOTE TAG WALL TAG CARD READERCR FLOOR PLAN LEGEND 101 NAME WINDOW TAG 1 W1 A1-A REV EQUIPMENT TAGXXX CJ MASONRY CONTROL JOINT 101B CJ GYPSUM BOARD CONTROL JOINT 1 HR FIRE BARRIER. REF LIFE SAFETY PLANS 2 HR FIRE BARRIER. REF LIFE SAFETY PLANS ELECTRICAL PANEL. REF ELECTRICAL PLANS AREA D AREA A AR E A A AR E A B A122 SP ED LEVEL 3 A123 TOILET A124 SENSORY A125 SENSORY A118 SP ED LEVEL 3 A102 SP ED LVL 1/2 A111 SUPPORT A136 SUPPORT A103 CLASSROOM A104 CLASSROOM A105 CLASSROOM A106 CLASSROOM A107 CLASSROOM A114 CLASSROOM A109 CLASSROOM A138 CLASSROOM A110 TOILET A116 GIRLS A117 BOYS A119 UTIL. STORAGE A121 TELECOM A120 ELECTRICAL A131 BOYS A132 GIRLS A137 TOILET A129 CLASSROOM A133 STORAGE A134 CLASSROOM A135 CLASSROOM A142 CLASSROOM A141 CLASSROOM A140 CLASSROOM ST05 STAIR ST06 STAIR A126 CORRIDOR A143 BREAK OUT A112 BREAK OUT A101 CORRIDOR A115 WASH ALCOVE A130 WASH ALCOVE 2 8' MB EXIST A124 A102 A-411 E1 M8A 12 A3A ALIGN W/ EXISTING +/- 1'-0", DEPTH TO ALIGN AH A1 AG AF AE AD AC A2 A3 A4 A5 A6 A7 A9 AN AQ AP AM AL A10 A11 A12 A13 A14 AK AJ AA AB A8 A15 A16 DF D1 D2 D2.6 D3 D4 AC.4 EE FF GG HHIIJJ LL R 2'-5"16 16 10' MB EQ EQ M12A 17 17 NOTE: NOT ALL KEYNOTES MAY BE USED ON EACH PLAN FLOOR PLAN 1. CUSTOM CASEWORK RECEPTION DESK, HIGH LEVEL OF FINISH. 2. REMOVE EXISTING STUCCO AND PREP FOR FURRING/ GYP BD WHERE EXTERIOR WALL BECOMES INTERIOR. 3. CANOPY ABOVE. 4. NEW WASH FOUNTAIN. 5. BUILT IN RECESSED TRASH ALCOVE, SIM. TO EXISTING WITH SOFFIT AND BUILT OUT BULKHEAD AT 3'- 4" HIGH. 6. NEW HIGH LEVEL FINISH ON EXISTING COLUMN WRAPS. 7. EXISTING FIXTURES TO REMAIN IN BATHROOM. NEW FINISHES AND ACCESSORIES. 8. FLOOR INFILL (INDICATED BY HATCH PATTERN). 9. GUARDRAIL TO EXTEND TO WALL. 10. OVERFRAMING OVER EXISTING SLOPED ROOF IS REQUIRED FOR NEW ROOF (AREA INDICATED BY CROSSHATCH PATTERN). MODIFICATIONS TO EXISTING STRUCTURE AT NEW DOOR WILL BE REQUIRED. 11. CMU INFILL UNDER STAIRS. 12. RELOCATED CASEWORK. REINSTALL SALVAGED CASEWORK FROM WITHIN ROOM. 13. BUILT IN ADJUSTABLE SHELVES. 14. FRAME WALL FOR POTENTIAL FUTURE DOOR/SIDELIGHT -MATCH D140. 15. TYPICAL TEACHING WALL CASEWORK. SEE INTERIOR ELEVATION C2/A-412. 16. CEILING MOUNTED THERAPY SWING, RER. RCP FOR MORE INFORMATION. 17. PROVIDE NEW PLAM FINISH PANEL TO REFINISH END OF EXISTING CABINET/COUNTERTOP. 18. PATCH CONCRETE FLOOR AT DEMOLISHED LOCKER BASES. I Hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. ARCHITECT Date: Print Name: Signature: License # Robert R. Collins 53244 NORTH AREA 'A' AREA 'B' AREA 'D' AREA 'C' AREA 'E' © TSP, Inc. 2018 ISSUES SHEET NUMBER SHEET TITLE C 1 A B 2 3 D E 1 2 3 4 5 6 4 5 6 A B C D E TSP, Inc. PROJECT TITLE N OT F OR C O N ST R UC T ION 430 2nd Street Excelsior, MN 55331 (952) 474-3291 www.teamtsp.com ISSUE DATE CHECKED BY DRAWN BY PROJECT # LI S T E D D R A W I N G S S C A L E ( S ) U N L E S S R E D U C E D F R O M O R I G I N A L 3 0 x 4 2 F O R M A T CONSULTANTS Architecture Engineering Planning 08/14/2018 8/ 1 3 / 2 0 1 8 4 : 3 9 : 0 4 P M I: \ _ T S P R e v i t L o c a l \ 0 5 1 6 1 2 5 6 . 1 B r o o k l y n C t r I S D # 2 8 6 _ E a r l e B r o w n A d d i t i o n & R e m o d e l _ A 1 7 _ k a n n j m . r v t FIRST LEVEL FLOOR PLAN - AREA A AP111A SI T E P L A N R E V I E W S U B M I T T A L Brooklyn Center, MN EARLE BROWN ADDITION & REMODEL BROOKLYN CENTER ISD #286 JMK07/13/2018 RRC05161256.1 PLAN NORTH THIS SHEET CONTAINS COLOR-CODED INFORMATION. THIS SHEET SHOULD BE PRINTED IN COLOR. TSP LOGO TO THE RIGHT SHOULD BE RED. SCALE: 1/8" = 1'-0" FIRST LEVEL FLOOR PLAN - AREA A MARK DATE DESCRIPTION UP UP UP SHEET GENERAL NOTES: KEY NOTES: AR E A A AR E A B AR E A B AR E A C B124 ASSISTANT PRINCIPAL'S OFFICE B132 ASSISTANT PRINCIPAL'S OFFICE B131 SECURE ENTRY B128 MEETING ROOM B130 TOILET B129 WORKROOM B127 RECEPTION/ ATTENDANCE CLERK E103 LOBBY A-201 D1 B112 SUPPORT B101 EL CLASSROOM B3 A-303 B3 A-304 D102 CORRIDOR B118 CLASSROOM B119 CLASSROOM B120 CLASSROOM B121 CLASSROOM B122 CLASSROOM B111 CLASSROOM B110 CLASSROOM B109 TOILET B115 BOYS B116 GIRLS B103 TOILET B104 ELECTRICAL B105 TELECOM B108 CIRC. ST08 STAIR B125 CORR. D133 CORR. B113 BREAKOUT B114 WASH ALCOVE A3AS A6ASA3AS A6AS D3A 1 2 2 3 8 CS1 12' MB 8' MB 8' MB 8' MB A3AS 1'- 6 " D1B A-401 A6 A-501 B6 A-501 A2 A-501 C6 A-501 D6 A-501 B4 B1 2 7 B B129B B130 B132 B124 B105 B1 2 5 A B1 2 5 B D1 3 7 D131 D132 A-411D1 A-411 D3 SF-6 SF-3 SF-1 SF-2 SF-5 SF-8 SF-7 SF-9 D2 6'-0 15/16"10'-0" D1B A9 AN AP AM AL AK AJ AA A8 B1 BB BD BD.6 BE BG BK BQ B2 B4 B5 BN BP BM BL BJ BH BF BC BA DF D5 D6 D7 D8 D9 D10 D11 E1 DE8 B6 B7 C1 CA CB CC EE MM NN 8'- 0 " M12A D6A D6A A-411E2A-411 E3 B127A B1 2 8 16 ' - 2 1 1 / 1 6 " 17 ' - 5 5 / 1 6 " 17 ' - 5 5 / 1 6 " 14'-4 1/2" 20'-9 7/8" 6'- 4 1 / 4 " B1 2 9 A B101 8'-0" 1'-6"13'-6"1'-6" D146 5'- 1 " 9'- 9 " 3'- 0 " . 3'-3" 2'-6" 4'-0 3/8"7'-0" SF-4 W7 3'- 3 " 8'- 9 " 12 ' - 0 " 4'- 1 0 " 4'- 1 1 5 / 1 6 " 4'- 6 3 / 8 " 4 ' - 6 3 / 8 " 3'- 8 1 / 2 " 3 ' - 8 1 / 2 " 1'- 2 " 3'- 0 5 / 8 " 3 ' - 0 5 / 8 " 3 ' - 0 5 / 8 " 14'-0" 11'-0"1'-6"13'-6"1'-6" 4'-4" 3'-0" 5'-4"11'-8"18 10 10 4'- 5 1 1 / 1 6 " FLOOR PLAN A. ALL PENETRATIONS THROUGH FIRE RATED WALLS SHALL COMPLY WITH THE BUILDING CODE AND NFPA. B. PROVIDE BLOCKING AT PARTITIONS AS REQUIRED FOR MOUNTING OF FURNISHED AND NON- FURNISHED WALL MOUNTED ITEMS. C. ALIGN FINISHED FACE OF CONTINUOUS PARTITIONS THAT CHANGE PARTITION TYPES ALONG A STRAIGHT RUN. D. EDGE OF INTERIOR DOOR FRAMES TO BE 4" FROM ADJACENT WALL, UNLESS NOTED OTHERWISE. E. REFER TO SHEET A-601 FOR DOOR SCHEDULE AND TYPES. ALL FRAMES TO BE HM AND ALL DOORS TO BE WOOD UNLESS NOTED OTHERWISE. F. REFER TO SHEET A-602 FOR WINDOW TYPES. ALL WINDOWS TO BE MAROON COLORED ALUM SF TO MATCH EXISITNG UNLESS NOTED OTHERWISE. G. ALL WALL DIMENSIONS ARE TO FACE OF GYPSUM BOARD, CMU, BRICK, OR CONCRETE; UNLESS NOTED OTHERWISE. DOOR TAG ROOM TAG REVISION TAG FIRE EXTINGUISHER CABINETFEC FIRE EXTINGUISHERFE KEYNOTE TAG WALL TAG CARD READERCR FLOOR PLAN LEGEND 101 NAME WINDOW TAG 1 W1 A1-A REV EQUIPMENT TAGXXX CJ MASONRY CONTROL JOINT 101B CJ GYPSUM BOARD CONTROL JOINT 1 HR FIRE BARRIER. REF LIFE SAFETY PLANS 2 HR FIRE BARRIER. REF LIFE SAFETY PLANS ELECTRICAL PANEL. REF ELECTRICAL PLANS NOTE: NOT ALL KEYNOTES MAY BE USED ON EACH PLAN FLOOR PLAN 1. CUSTOM CASEWORK RECEPTION DESK, HIGH LEVEL OF FINISH. 2. REMOVE EXISTING STUCCO AND PREP FOR FURRING/ GYP BD WHERE EXTERIOR WALL BECOMES INTERIOR. 3. CANOPY ABOVE. 4. NEW WASH FOUNTAIN. 5. BUILT IN RECESSED TRASH ALCOVE, SIM. TO EXISTING WITH SOFFIT AND BUILT OUT BULKHEAD AT 3'- 4" HIGH. 6. NEW HIGH LEVEL FINISH ON EXISTING COLUMN WRAPS. 7. EXISTING FIXTURES TO REMAIN IN BATHROOM. NEW FINISHES AND ACCESSORIES. 8. FLOOR INFILL (INDICATED BY HATCH PATTERN). 9. GUARDRAIL TO EXTEND TO WALL. 10. OVERFRAMING OVER EXISTING SLOPED ROOF IS REQUIRED FOR NEW ROOF (AREA INDICATED BY CROSSHATCH PATTERN). MODIFICATIONS TO EXISTING STRUCTURE AT NEW DOOR WILL BE REQUIRED. 11. CMU INFILL UNDER STAIRS. 12. RELOCATED CASEWORK. REINSTALL SALVAGED CASEWORK FROM WITHIN ROOM. 13. BUILT IN ADJUSTABLE SHELVES. 14. FRAME WALL FOR POTENTIAL FUTURE DOOR/SIDELIGHT -MATCH D140. 15. TYPICAL TEACHING WALL CASEWORK. SEE INTERIOR ELEVATION C2/A-412. 16. CEILING MOUNTED THERAPY SWING, RER. RCP FOR MORE INFORMATION. 17. PROVIDE NEW PLAM FINISH PANEL TO REFINISH END OF EXISTING CABINET/COUNTERTOP. 18. PATCH CONCRETE FLOOR AT DEMOLISHED LOCKER BASES. I Hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. ARCHITECT Date: Print Name: Signature: License # Robert R. Collins 53244 NORTH AREA 'A' AREA 'B' AREA 'D' AREA 'C' AREA 'E' © TSP, Inc. 2018 ISSUES SHEET NUMBER SHEET TITLE C 1 A B 2 3 D E 1 2 3 4 5 6 4 5 6 A B C D E TSP, Inc. PROJECT TITLE N OT F OR C O N ST R UC T ION 430 2nd Street Excelsior, MN 55331 (952) 474-3291 www.teamtsp.com ISSUE DATE CHECKED BY DRAWN BY PROJECT # LI S T E D D R A W I N G S S C A L E ( S ) U N L E S S R E D U C E D F R O M O R I G I N A L 3 0 x 4 2 F O R M A T CONSULTANTS Architecture Engineering Planning 08/14/2018 8/ 1 3 / 2 0 1 8 4 : 3 9 : 0 5 P M I: \ _ T S P R e v i t L o c a l \ 0 5 1 6 1 2 5 6 . 1 B r o o k l y n C t r I S D # 2 8 6 _ E a r l e B r o w n A d d i t i o n & R e m o d e l _ A 1 7 _ k a n n j m . r v t FIRST LEVEL FLOOR PLAN - AREA B AP111B SI T E P L A N R E V I E W S U B M I T T A L Brooklyn Center, MN EARLE BROWN ADDITION & REMODEL BROOKLYN CENTER ISD #286 JMK07/13/2018 RRC05161256.1 SCALE: 1/8" = 1'-0" FIRST LEVEL FLOOR PLAN - AREA B MARK DATE DESCRIPTION KEY NOTES: SHEET GENERAL NOTES: UP DOOR TAG ROOM TAG REVISION TAG FIRE EXTINGUISHER CABINETFEC FIRE EXTINGUISHERFE KEYNOTE TAG WALL TAG CARD READERCR FLOOR PLAN LEGEND 101 NAME WINDOW TAG 1 W1 A1-A REV EQUIPMENT TAGXXX CJ MASONRY CONTROL JOINT 101B CJ GYPSUM BOARD CONTROL JOINT 1 HR FIRE BARRIER. REF LIFE SAFETY PLANS 2 HR FIRE BARRIER. REF LIFE SAFETY PLANS ELECTRICAL PANEL. REF ELECTRICAL PLANS NOTE: NOT ALL KEYNOTES MAY BE USED ON EACH PLAN FLOOR PLAN 1. CUSTOM CASEWORK RECEPTION DESK, HIGH LEVEL OF FINISH. 2. REMOVE EXISTING STUCCO AND PREP FOR FURRING/ GYP BD WHERE EXTERIOR WALL BECOMES INTERIOR. 3. CANOPY ABOVE. 4. NEW WASH FOUNTAIN. 5. BUILT IN RECESSED TRASH ALCOVE, SIM. TO EXISTING WITH SOFFIT AND BUILT OUT BULKHEAD AT 3'- 4" HIGH. 6. NEW HIGH LEVEL FINISH ON EXISTING COLUMN WRAPS. 7. EXISTING FIXTURES TO REMAIN IN BATHROOM. NEW FINISHES AND ACCESSORIES. 8. FLOOR INFILL (INDICATED BY HATCH PATTERN). 9. GUARDRAIL TO EXTEND TO WALL. 10. OVERFRAMING OVER EXISTING SLOPED ROOF IS REQUIRED FOR NEW ROOF (AREA INDICATED BY CROSSHATCH PATTERN). MODIFICATIONS TO EXISTING STRUCTURE AT NEW DOOR WILL BE REQUIRED. 11. CMU INFILL UNDER STAIRS. 12. RELOCATED CASEWORK. REINSTALL SALVAGED CASEWORK FROM WITHIN ROOM. 13. BUILT IN ADJUSTABLE SHELVES. 14. FRAME WALL FOR POTENTIAL FUTURE DOOR/SIDELIGHT -MATCH D140. 15. TYPICAL TEACHING WALL CASEWORK. SEE INTERIOR ELEVATION C2/A-412. 16. CEILING MOUNTED THERAPY SWING, RER. RCP FOR MORE INFORMATION. 17. PROVIDE NEW PLAM FINISH PANEL TO REFINISH END OF EXISTING CABINET/COUNTERTOP. 18. PATCH CONCRETE FLOOR AT DEMOLISHED LOCKER BASES. FLOOR PLAN A. ALL PENETRATIONS THROUGH FIRE RATED WALLS SHALL COMPLY WITH THE BUILDING CODE AND NFPA. B. PROVIDE BLOCKING AT PARTITIONS AS REQUIRED FOR MOUNTING OF FURNISHED AND NON- FURNISHED WALL MOUNTED ITEMS. C. ALIGN FINISHED FACE OF CONTINUOUS PARTITIONS THAT CHANGE PARTITION TYPES ALONG A STRAIGHT RUN. D. EDGE OF INTERIOR DOOR FRAMES TO BE 4" FROM ADJACENT WALL, UNLESS NOTED OTHERWISE. E. REFER TO SHEET A-601 FOR DOOR SCHEDULE AND TYPES. ALL FRAMES TO BE HM AND ALL DOORS TO BE WOOD UNLESS NOTED OTHERWISE. F. REFER TO SHEET A-602 FOR WINDOW TYPES. ALL WINDOWS TO BE MAROON COLORED ALUM SF TO MATCH EXISITNG UNLESS NOTED OTHERWISE. G. ALL WALL DIMENSIONS ARE TO FACE OF GYPSUM BOARD, CMU, BRICK, OR CONCRETE; UNLESS NOTED OTHERWISE. AR E A B AR E A C AREA E AREA C A-201 B1 E108 RESTROOM E107 RESTROOM B128 MEETING ROOM B130 TOILET B129 WORKROOM B127 RECEPTION/ ATTENDANCE CLERK E102 CORR. C115 SENSORY C126 JANITOR ST04 STAIR C116 SENSORY C110 SHARED OFFICE C111 DIRECTOR OFFICE C127 OFFICE C131 OFFICE C141 OFFICE C128 OFFICE C129 OFFICE C130 OFFICE C125 RESTROOM C124 CONFERENCE ROOM C135 RESTROOM C132 ELEC. ST01 STAIR C117 SHARED INTERPRETOR OFFICE C154 P.E. OFFICE C156 STORAGE C157 EXAM C158 RESTROOM C155 NEOPATH RECEPTION A-201 D3 A-201 A2 B4 A-302 B1 A-303 B2 A-303 B3 A-303 C134 CIRC. C101 CIRC. C142 CIRC. E101 VESTIBULE C102 CLASSROOM C104 CLASSROOM C105 CLASSROOM C109 CLASSROOM C103 CLASSROOM C149 CLASSROOM C147 CLASSROOM C107 BOYS C108 GIRLS C119 VESTIBULE C146 TOILET C145 TOILET C152 TELECOM C151 UTILITY C120 CIRC. C106 WASH ALCOVE C133 CIRC. E135 PRINCIPAL SECRETARY C121 ECSE CLASSROOM A6AS D3A 1 2 A3ASA3AS A3AS A3AS A3A A3A A3AS A3ASA3AS A3AS A3A A3AS CS1 C139 MOTOR ACTIVITIES 8 ' - 8 " C136 THERAPY C140 SHARED STORAGE C118 WAITING/RECEPTION A3AS A3ASA3AS A3AS D1B A3AS A3A A3AS A3AS A3AS A3AS A3ASA3AS D2A A3A A3AS A3A A3AS A3AS A3AS A3AS C143 BREAKOUT C144 CIRC. 11 12BASE ONLY SALVAGED A-321 A2 A-321 A4 A-401 A5 A-401 A3 A-401 A6 A-401 A4 A-501 A5 A-501 B5 A-501 C6 A-501 D6 A-501 B3 A-501 B3 TYP. B1 2 7 B B129B B130 C155 C156 C157 C158 C135 C131 C130 C139 C140 C129 C128 C141A C136 C127 C126 C121 C124C116 C115 C111 C110 A-411D1 A-411 D3 SF-5 C1 5 4 ST04A ST04B B5 A-302 12' MB 12' MB 12' MB 10' MB 12 A-411 E4 SF-8 D2 10'-0" AA BB BD BD.6 BE DF E1 E2 E3 E4 E5 E6 DE8 B7 C1 C2 C3 C4 C5 C6 CA CB CD CE CG CJ CL CN CM CK CH CF CC OO 3 '-9 " 1 0 '-3 " 9 '-9 1 /8 " 1 7 '-5 3 /8 " A3AS 8 ' - 0 " 1 ' - 8 " 8 ' - 0 " 4 ' - 6 " 8' MB 8' MB 8' MB 6' MB 1 0 ' - 6 3 / 4 " A L I G N A3A 6 ' - 4 7 / 8 " 7 ' - 6 " 7 ' - 2 " 5 ' - 5 " 1 0 '-5 " A L I G N W / E D G E O F W I N D O W A3AS 3 ' - 0 " 3 ' - 0 " 3 ' - 4 1 / 2 " 1 0 '-4 1 3 /1 6 " 1 2 '-2 " 1 0 '-1 1 1 /2 " 1 0 '-1 1 1 /2 " 6 '-9 9 /1 6 " A L I G N A L I G N 8'- 0 " A-411E2A-411 E3 A-412 A2 C118A C118B B1 2 8 B118 B120 7 '-9 1 /1 6 " 1 2 '-0 " 8 '-5 3 /8 " 8 ' - 1 0 " 1 3 ' - 8 7 / 8 " 3 0 '-9 1 /4 " 1 5 '-8 1 3 /1 6 " 1 0 '-5 5 /8 " 1 2 '-6 1 5 /1 6 " 1 2 ' - 6 " 1 1 ' - 2 3 / 1 6 " A3A 1 4 ' - 7 5 / 1 6 " 7 ' - 0 3 / 4 " 9 5 / 8 " 1 1 '-9 1 /2 " 1 0 ' - 6 3 / 4 " 5 '-0 " C4 A-530 B1 2 9 A 8'-0" 5'- 1 " 9'- 9 " 3'- 0 " . 3'-3" 2'-6" 7'-0" SF-4 W7 18 18 3'-0" 5'-4"11'-8"18 10 2 1 / 2 " A L I G N I Hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. ARCHITECT Date: Print Name: Signature: License # Robert R. Collins 53244 NORTH AREA 'A' AREA 'B' AREA 'D' AREA 'C' AREA 'E' © TSP, Inc. 2018 ISSUES SHEET NUMBER SHEET TITLE C 1 A B 2 3 D E 1 2 3 4 5 6 4 5 6 A B C D E TSP, Inc. PROJECT TITLE N OT F OR C O N ST R UC T ION 430 2nd Street Excelsior, MN 55331 (952) 474-3291 www.teamtsp.com ISSUE DATE CHECKED BY DRAWN BY PROJECT # LI S T E D D R A W I N G S S C A L E ( S ) U N L E S S R E D U C E D F R O M O R I G I N A L 3 0 x 4 2 F O R M A T CONSULTANTS Architecture Engineering Planning 08/14/2018 8/ 1 3 / 2 0 1 8 4 : 3 9 : 1 1 P M I: \ _ T S P R e v i t L o c a l \ 0 5 1 6 1 2 5 6 . 1 B r o o k l y n C t r I S D # 2 8 6 _ E a r l e B r o w n A d d i t i o n & R e m o d e l _ A 1 7 _ k a n n j m . r v t FIRST LEVEL FLOOR PLAN - AREA C AP111C SI T E P L A N R E V I E W S U B M I T T A L Brooklyn Center, MN EARLE BROWN ADDITION & REMODEL BROOKLYN CENTER ISD #286 JMK07/13/2018 RRC05161256.1 SCALE: 1/8" = 1'-0" FIRST LEVEL FLOOR PLAN - AREA C MARK DATE DESCRIPTION DN DN DN DN DN UP UP DN UP DN I Hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. ARCHITECT Date: Print Name: Signature: License # Robert R. Collins 53244 NORTH AREA 'A' AREA 'B' AREA 'D' AREA 'C' AREA 'E' © TSP, Inc. 2018 ISSUES SHEET NUMBER SHEET TITLE C 1 A B 2 3 D E 1 2 3 4 5 6 4 5 6 A B C D E TSP, Inc. PROJECT TITLE N OT F OR C O N ST R UC T ION 430 2nd Street Excelsior, MN 55331 (952) 474-3291 www.teamtsp.com ISSUE DATE CHECKED BY DRAWN BY PROJECT # LI S T E D D R A W I N G S S C A L E ( S ) U N L E S S R E D U C E D F R O M O R I G I N A L 3 0 x 4 2 F O R M A T CONSULTANTS Architecture Engineering Planning 08/14/2018 8/ 1 3 / 2 0 1 8 4 : 3 9 : 2 5 P M I: \ _ T S P R e v i t L o c a l \ 0 5 1 6 1 2 5 6 . 1 B r o o k l y n C t r I S D # 2 8 6 _ E a r l e B r o w n A d d i t i o n & R e m o d e l _ A 1 7 _ k a n n j m . r v t OVERALL SECOND FLOOR PLAN AP200 SI T E P L A N R E V I E W S U B M I T T A L Brooklyn Center, MN EARLE BROWN ADDITION & REMODEL BROOKLYN CENTER ISD #286 JMK07/13/2018 RRC05161256.1 SCALE: 3/64" = 1'-0" OVERALL SECOND LEVEL FLOOR PLAN PLAN NORTH MARK DATE DESCRIPTION DN KEY NOTES: SHEET GENERAL NOTES: AR E A B AR E A C AREA E AREA C A-201 B1 A-201 D3 A-201 A2 C204 STEAM C205 STEAM C207 MECHANICAL C208 FLEX CLASSROOM C202 ART C212 FLEX CLASSROOM C202A ART STORAGE C217 STORAGE C214 RESTROOM C215 RESTROOM C216 BREAKOUT C211 EL CLASSROOM C210 MULTI-PURPOSE ROOM C210A EXISTING MECHANICAL C201 TELCOM C203 HALLWAY C213 CIRC. C209 CIRC. ROOF BELOW E201 CORRIDOR A3AS A3AS A3AS A3AS A3AS A3AS A3AA3A A3AA3A A3AS A3AS A3AA3A M8A M8A M8A A3AS A3CS B2 A-302 B4 A-302 B1 A-303 B2 A-303 B3 A-303 A3AS A3AS A3C TYP. @ EACH LOCATION 10 8 17 8 8 8 TYP D1B SE1 SE1 12' MB 8' MB 8' MB 12' MB 4' TB 4' TB 4'x16' TB A-412 A1 A-412 D1 E3 A-412 E4 D2 A-412 C1 S H E L V E S A-412 C3 M8AM8AM8A M8AM8A M8AM8A A3C SE1 A3AS A3AA3A A3AS A3AS A3CS A3AS A3C A3AS A3AS A3C A3AS A3AS A3AS 4 SHELL SPACE C201A ELEC A3A SE1 A-401 B3 A-321 B2 A-321 B4 A-501 D1 ST01 STAIR A-501 E6 A-501 A3 A-501 B2 C210C ST21 C202C C202D C201A C203 C2 0 4 A C207 SF-5 C202A C202B C2 0 1 C204B C217A C217B C205A C205B C208A C208B C210A C210B C211A C211B C212 C215 C214 B5 A-302 170 SF C218 STORAGE 10' MB 8' MB C218B C218A C218B AA BB BD BD.6 BE DF E1 E2 E3 E4 E5 E6 DE8 B7 C1 C2 C3 C4 C5 CA CB CD CE CG CJ CL CN CM CK CH CF CC OO C211B EL CLASSROOM 1'-6" C207A JANITOR 1 '-5 3 /1 6 " 3 '-8 3 /8 " 3 '-9 5 /1 6 " 3 1 '-4 " 8' MB 8' MB 8' MB 8' MB 8' MB 8' MB 6' MB 12' MB 8' MB 8' MB 10' MB 10' MB 10' MB10' MB 8' TB 8' MB E2 A3A A3A A3A 16'-1 1/2" A-412 C2 A-412 A3 A-412 D3 15 6'- 1 0 " 8'- 2 3 / 4 " 10 ' - 5 9 / 1 6 " 2 9 ' - 7 7 / 8 " 3 0 ' - 0 " 2 3 ' - 6 7 / 1 6 " 1 2 ' - 7 " 9 '-1 " 9 ' - 1 0 " 3 1 '-4 7 /1 6 " 7 7 '-7 1 /8 " 2 8 ' - 1 0 " 5 ' - 0 " 1 4 ' - 0 7 / 1 6 " 2 7 / 1 6 " 1 7 ' - 3 " 1 7 ' - 3 " 2 6 ' - 6 1 / 4 " 7 ' - 6 " 3 5 '-1 0 9 /1 6 " 2'- 0 " 5'- 2 " 8"32'-8 7/16"10 3/16"3'-0"12'-4 1/2"10'-10"8'-1"9'-5 1/16" 10 ' - 2 3 / 4 " SF-10 C4 A-530 SF-4 7 1/16" W6 W7 W6 W7 W6 W7 W7 W7 W6 W6 W6 W6 W6 W6 W1 W1 W4 W1 W1 ST04 STAIR 2 3 L O C K E R S - T Y P E 1 2 9 L O C K E R S - T Y P E 1 2 3 L O C K E R S - T Y P E 1 1 8 L O C K E R S - T Y P E 1 1 8 L O C K E R S - T Y P E 1 3 7 / 8 " 1 5 ' - 7 1 1 / 1 6 " D156 A3C A3AS 10' MB 10' MB A3CA3C TYP A3C TYP A-412 C3 EQ EQ A3C F2 F2 F2 C213B WASH ALCOVE NOTE: NOT ALL KEYNOTES MAY BE USED ON EACH PLAN FLOOR PLAN 1. CUSTOM CASEWORK RECEPTION DESK, HIGH LEVEL OF FINISH. 2. REMOVE EXISTING STUCCO AND PREP FOR FURRING/ GYP BD WHERE EXTERIOR WALL BECOMES INTERIOR. 3. CANOPY ABOVE. 4. NEW WASH FOUNTAIN. 5. BUILT IN RECESSED TRASH ALCOVE, SIM. TO EXISTING WITH SOFFIT AND BUILT OUT BULKHEAD AT 3'- 4" HIGH. 6. NEW HIGH LEVEL FINISH ON EXISTING COLUMN WRAPS. 7. EXISTING FIXTURES TO REMAIN IN BATHROOM. NEW FINISHES AND ACCESSORIES. 8. FLOOR INFILL (INDICATED BY HATCH PATTERN). 9. GUARDRAIL TO EXTEND TO WALL. 10. OVERFRAMING OVER EXISTING SLOPED ROOF IS REQUIRED FOR NEW ROOF (AREA INDICATED BY CROSSHATCH PATTERN). MODIFICATIONS TO EXISTING STRUCTURE AT NEW DOOR WILL BE REQUIRED. 11. CMU INFILL UNDER STAIRS. 12. RELOCATED CASEWORK. REINSTALL SALVAGED CASEWORK FROM WITHIN ROOM. 13. BUILT IN ADJUSTABLE SHELVES. 14. FRAME WALL FOR POTENTIAL FUTURE DOOR/SIDELIGHT -MATCH D140. 15. TYPICAL TEACHING WALL CASEWORK. SEE INTERIOR ELEVATION C2/A-412. 16. CEILING MOUNTED THERAPY SWING, RER. RCP FOR MORE INFORMATION. 17. PROVIDE NEW PLAM FINISH PANEL TO REFINISH END OF EXISTING CABINET/COUNTERTOP. 18. PATCH CONCRETE FLOOR AT DEMOLISHED LOCKER BASES. DOOR TAG ROOM TAG REVISION TAG FIRE EXTINGUISHER CABINETFEC FIRE EXTINGUISHERFE KEYNOTE TAG WALL TAG CARD READERCR FLOOR PLAN LEGEND 101 NAME WINDOW TAG 1 W1 A1-A REV EQUIPMENT TAGXXX CJ MASONRY CONTROL JOINT 101B CJ GYPSUM BOARD CONTROL JOINT 1 HR FIRE BARRIER. REF LIFE SAFETY PLANS 2 HR FIRE BARRIER. REF LIFE SAFETY PLANS ELECTRICAL PANEL. REF ELECTRICAL PLANS FLOOR PLAN A. ALL PENETRATIONS THROUGH FIRE RATED WALLS SHALL COMPLY WITH THE BUILDING CODE AND NFPA. B. PROVIDE BLOCKING AT PARTITIONS AS REQUIRED FOR MOUNTING OF FURNISHED AND NON- FURNISHED WALL MOUNTED ITEMS. C. ALIGN FINISHED FACE OF CONTINUOUS PARTITIONS THAT CHANGE PARTITION TYPES ALONG A STRAIGHT RUN. D. EDGE OF INTERIOR DOOR FRAMES TO BE 4" FROM ADJACENT WALL, UNLESS NOTED OTHERWISE. E. REFER TO SHEET A-601 FOR DOOR SCHEDULE AND TYPES. ALL FRAMES TO BE HM AND ALL DOORS TO BE WOOD UNLESS NOTED OTHERWISE. F. REFER TO SHEET A-602 FOR WINDOW TYPES. ALL WINDOWS TO BE MAROON COLORED ALUM SF TO MATCH EXISITNG UNLESS NOTED OTHERWISE. G. ALL WALL DIMENSIONS ARE TO FACE OF GYPSUM BOARD, CMU, BRICK, OR CONCRETE; UNLESS NOTED OTHERWISE. I Hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. ARCHITECT Date: Print Name: Signature: License # Robert R. Collins 53244 NORTH AREA 'A' AREA 'B' AREA 'D' AREA 'C' AREA 'E' © TSP, Inc. 2018 ISSUES SHEET NUMBER SHEET TITLE C 1 A B 2 3 D E 1 2 3 4 5 6 4 5 6 A B C D E TSP, Inc. PROJECT TITLE N OT F OR C O N ST R UC T ION 430 2nd Street Excelsior, MN 55331 (952) 474-3291 www.teamtsp.com ISSUE DATE CHECKED BY DRAWN BY PROJECT # LI S T E D D R A W I N G S S C A L E ( S ) U N L E S S R E D U C E D F R O M O R I G I N A L 3 0 x 4 2 F O R M A T CONSULTANTS Architecture Engineering Planning 08/14/2018 8/ 1 3 / 2 0 1 8 4 : 3 9 : 4 2 P M I: \ _ T S P R e v i t L o c a l \ 0 5 1 6 1 2 5 6 . 1 B r o o k l y n C t r I S D # 2 8 6 _ E a r l e B r o w n A d d i t i o n & R e m o d e l _ A 1 7 _ k a n n j m . r v t SECOND LEVEL FLOOR PLAN - AREA C AP211C SI T E P L A N R E V I E W S U B M I T T A L Brooklyn Center, MN EARLE BROWN ADDITION & REMODEL BROOKLYN CENTER ISD #286 JMK07/13/2018 RRC05161256.1 SCALE: 1/8" = 1'-0" SECOND LEVEL FLOOR PLAN - AREA C PLAN NORTH MARK DATE DESCRIPTION SHEET GENERAL NOTES: DN DN KEY NOTES: ROOF PLAN A. ALL SURFACES DAMAGED DURING DEMOLITION SHALL BE REPAIRED FOR APPLICATION OF NEW FINISHES OR PATCHED TO MATCH EXISTING. B. CONTRACTOR SHALL FIELD VERIFY ALL EXISTING CONDITIONS AND DIMENSIONS WHICH ARE TO MATCH EXISTING CONSTRUCTION. CONTACT A/E WITH DISCREPANCIES. C. MODIFICATIONS TO EXISTING ROOF TO BE DONE BY CERTIFIED INSTALLER TO AVOID WARRANTY ISSUES. D. MINIMUM INSULATION THICKNESS OF 2" AT ROOF DRAINS. OS OVERFLOW SCUPPER RD ROOF DRAIN OD OVERFLOW ROOF DRAIN REVISION TAG KEYNOTE TAG SECTION TAG DETAIL TAG ROOF PLAN LEGEND 1 A-101 A1 SIM EPDM WALKMATS - PROVIDE AROUND MECHANICAL EQUIPMENT AND AS SHOWN VTR VENT THROUGH ROOF - REF PLUMBING REV A1 A-301 3"APPROXIMATE ROOF INSULATION THICKNESS A-201 B1 A-201 D3 A-201 A2 A-201 D1 EXT. CANOPY 27' - 0 1/8" 13' - 8 3/8" 1 4 '-0 " 1 4 ' - 0 " C4 A-530 A-530 C1 A1 A-530 A4 A-530 1 2 3 4 D1 A-530 D2 A-530 R1 R1 R2 R3 R1 R2 NOTE: NOT ALL KEYNOTES MAY BE USED ON EACH PLAN ROOF PLAN 1. NEW SKYLIGHT. 2. NEW GLABLE ROOF WITH STANDING SEAM METAL ROOFING. OVERFRAMED ABOVE NEW STEEL ROOF FRAMING. REFERENCE STRUCTURAL. 3. EXISTING GABLE ROOF FRAMING AND DECKING RO REMAIN. REMOVE EXISING ASPHALT SHINGLES AND PROVIDE NEW STANDING SEAM METAL ROOFING. 4. NEW STEEL ROOF FRAMING OVER EXISTING GABLE ROOF FRAMING. REFERENCE STRUCTURAL. I Hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. ARCHITECT Date: Print Name: Signature: License # Robert R. Collins 53244 NORTH AREA 'A' AREA 'B' AREA 'D' AREA 'C' AREA 'E' © TSP, Inc. 2018 ISSUES SHEET NUMBER SHEET TITLE C 1 A B 2 3 D E 1 2 3 4 5 6 4 5 6 A B C D E TSP, Inc. PROJECT TITLE N OT F OR C O N ST R UC T ION 430 2nd Street Excelsior, MN 55331 (952) 474-3291 www.teamtsp.com ISSUE DATE CHECKED BY DRAWN BY PROJECT # LI S T E D D R A W I N G S S C A L E ( S ) U N L E S S R E D U C E D F R O M O R I G I N A L 3 0 x 4 2 F O R M A T CONSULTANTS Architecture Engineering Planning 08/14/2018 8/ 1 3 / 2 0 1 8 4 : 3 9 : 5 4 P M I: \ _ T S P R e v i t L o c a l \ 0 5 1 6 1 2 5 6 . 1 B r o o k l y n C t r I S D # 2 8 6 _ E a r l e B r o w n A d d i t i o n & R e m o d e l _ A 1 7 _ k a n n j m . r v t ROOF PLAN AR111 SI T E P L A N R E V I E W S U B M I T T A L Brooklyn Center, MN EARLE BROWN ADDITION & REMODEL BROOKLYN CENTER ISD #286 JMK07/13/2018 RRC05161256.1 SCALE: 3/64" = 1'-0" ROOF PLAN PLAN NORTH MARK DATE DESCRIPTION SHEET GENERAL NOTES: A. APPLY SEALANT AND BACKER ROD TO ALL JOINTS BETWEEN DISSIMILAR MATERIALS. B. ALL SURFACES DAMAGED DURING DEMOLITION SHALL BE REPAIRED FOR APPLICATION OF NEW FINISHES OR PATCHED TO MATCH EXISTING. C. CONTRACTOR SHALL FIELD VERIFY ALL EXISTING CONDITIONS AND DIMENSIONS WHICH ARE TO MATCH EXISTING CONSTRUCTION. CONTACT A/E WITH DISCREPANCIES. EXTERIOR ELEVATIONS FIRST LEVEL 100' - 0" T.O. DECK 126' - 6" T.O. WALL 127' - 9" NEW EXPOSED TRUSSES TO MATCH EXIST @ ALL NEW GABLES, TYP NEW ALUM. SF WINDOWS, MAROON COLOR TO MATCH EXIST, TYP. CEMENT STUCCO WALL SYSTEM TO MATCH EXISTING, TYP 12:12 ASPHALT SHINGLE ROOF FORMS, TYP TAN STUCCO TO MATCH EXISTING GREEN STUCCO TO MATCH EXISTING TAN STUCCO TO MATCH EXISTING VERTICAL CONTROL JOINTS IN 2ND LEVEL ADDITION TO MATCH EXISTING 1ST LEVEL CONTROL JOINTS CONTROL JOINT, TYP. ALIGN WITH EXISTING PATTERN EXISTING TO REMAIN REMOVE EXISTING STUCCO TO CONTROL JOINT. NEW STUCCO, COLOR MATCHED TO THE REST OF WALL+/ - 2 ' - 0 " METAL COPING, TYP. TAN STUCCO TO MATCH EXISTING 2'- 3 3 / 4 " W1W1 W2 W4 W3W5 W1 W1W1 1'- 6 1 / 8 " METAL COPING, TYP. NEW STUCCO FINISH TO CONTROL JOINTS FOR NEW CONSTRUCTION FIRST LEVEL 100' - 0" SECOND LEVEL 113' - 8" T.O. DECK 126' - 6" T.O. WALL 127' - 9" NEW ALUM. SF WINDOWS TO MATCH EXIST CEMENT STUCCO WALL SYSTEM TO MATCH EXISTING, TYP VERTICAL CONTROL JOINTS IN 2ND LEVEL ADDITION TO MATCH EXISTING 1ST LEVEL CONTROL JOINTS CONTROL JOINT, TYP. REMOVE EXISTING STUCCO TO CONTROL JOINT. NEW STUCCO, COLOR MATCHED TO THE REST OF WALL METAL COPING, TYP. TAN STUCCO TO MATCH EXISTINGGREEN STUCCO TO MATCH EXISTINGTAN STUCCO TO MATCH EXISTINGGREEN STUCCO TO MATCH EXISTING +/ - 2 ' - 0 " INFILL EXISTING WINDOW OPENING NEW DOOR IN EXISTING WALL NEW STUCCO FINISH TO CONTROL JOINTS FOR NEW CONSTRUCTION W7 W6W6W7W6W6W6 FIRST LEVEL 100' - 0" SECOND LEVEL 113' - 8" T.O. DECK 126' - 6" T.O. WALL 127' - 9" T.O. WALL LOW ROOF 115' - 9" CEMENT STUCCO WALL SYSTEM TO MATCH EXISTING, TYP CONTROL JOINT, TYP. METAL COPING, TYP. CAST STONE COLUMN WRAPS STANDING SEAM METAL ROOF CANOPY. WITH METAL SOFFIT PANELS NEW ALUM. SF WINDOWS, CHAMPAGNE METALLIC COLOR, TYP. 2'- 6 " 1'- 4 " 9'- 1 1 " DIMENSIONAL LETTERING SIGNAGE IW7I I I I FIRST LEVEL 100' - 0" SECOND LEVEL 113' - 8" T.O. DECK 126' - 6" T.O. WALL 127' - 9" NEW ALUM. SF WINDOWS TO MATCH EXIST CEMENT STUCCO WALL SYSTEM TO MATCH EXISTING, TYP EXISTING GREEN STUCCO METAL COPING, TYP R3 EXIST LOUVER EXIST LOUVER EXISTING GREEN STUCCO EXISTING TAN STUCCO CONTROL JOINTS, ALIGN WITH EXISTING PATTERN. TYP. TAN STUCCO TO MATCH EXISTING GREEN STUCCO TO MATCH EXISTING TAN STUCCO TO MATCH EXISTING I Hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. ARCHITECT Date: Print Name: Signature: License # Robert R. Collins 53244 © TSP, Inc. 2018 ISSUES SHEET NUMBER SHEET TITLE C 1 A B 2 3 D E 1 2 3 4 5 6 4 5 6 A B C D E TSP, Inc. PROJECT TITLE N OT F OR C O N ST R UC T ION 430 2nd Street Excelsior, MN 55331 (952) 474-3291 www.teamtsp.com ISSUE DATE CHECKED BY DRAWN BY PROJECT # LI S T E D D R A W I N G S S C A L E ( S ) U N L E S S R E D U C E D F R O M O R I G I N A L 3 0 x 4 2 F O R M A T CONSULTANTS Architecture Engineering Planning 08/14/2018 8/ 1 3 / 2 0 1 8 4 : 3 8 : 0 9 P M I: \ _ T S P R e v i t L o c a l \ 0 5 1 6 1 2 5 6 . 1 B r o o k l y n C t r I S D # 2 8 6 _ E a r l e B r o w n A d d i t i o n & R e m o d e l _ A 1 7 _ k a n n j m . r v t EXTERIOR ELEVATIONS A-201 SI T E P L A N R E V I E W S U B M I T T A L Brooklyn Center, MN EARLE BROWN ADDITION & REMODEL BROOKLYN CENTER ISD #286 JMK07/13/2018 RRC05161256.1 THIS SHEET CONTAINS COLOR-CODED INFORMATION. THIS SHEET SHOULD BE PRINTED IN COLOR. TSP LOGO TO THE RIGHT SHOULD BE RED. SCALE: 1/8" = 1'-0"D3 AREA C EAST ELEVATION - 2ND LEVEL ADDITION SCALE: 1/8" = 1'-0"A2 AREA C NORTH ELEVATION - 2ND LEVEL ADDITION SCALE: 1/8" = 1'-0"D1 ENTRY ADDITION ELEVATION SCALE: 1/8" = 1'-0"B1 AREA C SOUTH ELEVATION - 2ND LEVEL ADDITION W7W6W7W6W7W6W7W6 REMOVE EXISTING STUCCO TO CONTROL JOINT. NEW STUCCO, COLOR TO MATCH THE REST OF WALL. MARK DATE DESCRIPTION I Hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. ARCHITECT Date: Print Name: Signature: License # Robert R. Collins 53244 © TSP, Inc. 2018 ISSUES SHEET NUMBER SHEET TITLE C 1 A B 2 3 D E 1 2 3 4 5 6 4 5 6 A B C D E TSP, Inc. PROJECT TITLE N OT F OR C O N ST R UC T ION 430 2nd Street Excelsior, MN 55331 (952) 474-3291 www.teamtsp.com ISSUE DATE CHECKED BY DRAWN BY PROJECT # LI S T E D D R A W I N G S S C A L E ( S ) U N L E S S R E D U C E D F R O M O R I G I N A L 3 0 x 4 2 F O R M A T CONSULTANTS Architecture Engineering Planning 08/14/2018 8/ 1 3 / 2 0 1 8 4 : 3 8 : 3 0 P M I: \ _ T S P R e v i t L o c a l \ 0 5 1 6 1 2 5 6 . 1 B r o o k l y n C t r I S D # 2 8 6 _ E a r l e B r o w n A d d i t i o n & R e m o d e l _ A 1 7 _ k a n n j m . r v t 3D VIEWS A-901 SI T E P L A N R E V I E W S U B M I T T A L Brooklyn Center, MN EARLE BROWN ADDITION & REMODEL BROOKLYN CENTER ISD #286 JMK07/13/2018 RRC05161256.1 SCALE:A1 SE AERIAL VIEW SCALE:C1 S AERIAL VIEW MARK DATE DESCRIPTION I Hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. ARCHITECT Date: Print Name: Signature: License # Robert R. Collins 53244 © TSP, Inc. 2018 ISSUES SHEET NUMBER SHEET TITLE C 1 A B 2 3 D E 1 2 3 4 5 6 4 5 6 A B C D E TSP, Inc. PROJECT TITLE N OT F OR C O N ST R UC T ION 430 2nd Street Excelsior, MN 55331 (952) 474-3291 www.teamtsp.com ISSUE DATE CHECKED BY DRAWN BY PROJECT # LI S T E D D R A W I N G S S C A L E ( S ) U N L E S S R E D U C E D F R O M O R I G I N A L 3 0 x 4 2 F O R M A T CONSULTANTS Architecture Engineering Planning 08/14/2018 8/ 1 3 / 2 0 1 8 4 : 3 8 : 5 3 P M I: \ _ T S P R e v i t L o c a l \ 0 5 1 6 1 2 5 6 . 1 B r o o k l y n C t r I S D # 2 8 6 _ E a r l e B r o w n A d d i t i o n & R e m o d e l _ A 1 7 _ k a n n j m . r v t 3D VIEWS A-902 SI T E P L A N R E V I E W S U B M I T T A L Brooklyn Center, MN EARLE BROWN ADDITION & REMODEL BROOKLYN CENTER ISD #286 JMK07/13/2018 RRC05161256.1 SCALE:A1 2ND LEVEL ADDITION EAST VIEW SCALE:C1 2ND LEVEL ADDITION WEST VIEW SCALE:D1 ADDTIONS SOUTH VIEW SCALE:D4 ENTRY VIEW MARK DATE DESCRIPTION City Council Agenda Item No. 8a Exhibit B Application Filed on 7 -5 -02 City Council Action Should Be Taken By 9 -3 -02 (60 Days) Planning Commission Information Sheet Application No. 2002 -010 Applicant: ISD No. 286 (Brooklyn Center School District) Location: Land Lying East and West of Humboldt Avenue, North of 59th Avenue Request: Special Use Permit /Site and Building Plan Approval The applicant, Independent School District No. 286 (Brooklyn Center), is seeking a special use permit and site and building plan approval to construct a new 141,000 sq. ft. Earle Brown Elementary School and the reconfiguration of Grandview Park. The properties under consideration are the current Earle Brown Elementary School site, addressed as 5900 Humboldt Avenue North; Grandview Park, addressed as 1600 59th Avenue North; and a portion of Humboldt Avenue right of way lying between 59th and 60th Avenues that is proposed to be vacated as a public street. The property is zoned R -1 (One Family Residence) and is bounded on the west by T.H. 100; Humboldt and 60th Avenues on the north; Fremont Avenue on the east and 59th Avenue on the south. Single family residential dwellings surround the site on the north and east and single family residential dwellings, two churches, and an apartment complex on the south. Public and private elementary schools and parks are both special uses in the R -1 zoning district. New lot configurations for the school and park sites are being created through the platting comprehended under companion Application No. 2002 -009. Generally, the school and park will exchange locations. The new 141,000 Earle Brown Elementary School will be located where the existing baseball field (Cohen Field), softball /football field, sliding hill and park shelter are located. With the demolition of the Earle Brown Elementary School, upon completion of the new school construction, a new baseball field, soccer /football field, sliding hill and parking areas will be in this location. The existing tennis courts will remain in their present location with new bituminous basketball courts to be added west of the tennis courts. A seasonal hockey rink, pleasure skating rink and warming house are planned to be located south of the tennis courts. The bituminous walk path running parallel with T.H. 100 will remain in the same location. Various hard surface play areas and soft play areas along with various play stations will be located as part of the school facilities west of the new elementary school. It should be noted that the City's Park and Recreation Advisory Commission has reviewed this plan on 6 -18 -02 and has unanimously recommended approval of the plan to the City Council. AC'C'F.1S /PARKTNCT The plan calls for four access points on 59th Avenue and an access off Humboldt Avenue, north 7 -25 -02 Page 1 of 60th which will serve a new 20 stall parking facility. The most westerly access on 59th Avenue serves an expanded parking lot containing 99 parking spaces designed primarily for staff parking related to the school. This access is located between James and Irving Avenues. The second 59th Avenue access is a student drop off access (or circle) serving the main entrance to the elementary school and is located west of Humboldt Avenue. The other two 59th Avenue accesses are easterly of Humboldt, one of which serves an 89 stall parking lot and the other (the most easterly) a separate bus loop access to the school. Also, angled parking on the south side of 60th Avenue accommodating 31 parking spaces is being provided for additional park parking. There are no specific ordinance parking requirements or parking formulas for school or park parking. The amount of available parking with the new plan will exceed that provided for the current Grandview Park and Earle Brown Elementary School. It appears to be adequate parking to meet the needs of both facilities and will be shared parking to accommodate activities. A loading dock and turn around area along the westerly side of the elementary school are proposed as well. GRADING/DRAINACTF/iITH ITTRS The applicant has provided relimina grading,e and utility plans which are beingprY' g g YP g reviewed by the interim city engineer and written comments are anticipated and will be attached with this report. Three prominent grading features are shown on the plans, two storm water retention ponds, one on either side of the student drop off area and a sliding hill to be located at the southeast portion of the site close to the intersection of 59th and Fremont Avenues North. The drainage and ponding plan is subject to review and approval by the West MississippiWatershed Management Commission. No erosion control plan has yet been submitted showing silt fencing around the site, however, general notes do indicate that a plan for erosion control has been considered. The notes indicate that silt fence will be installed and maintained through the entire process. B -612 curb and gutter is to be provided around all driving and parking areas to assist in site drainage. Storm sewer will be installed to collect storm water run off and direct it to the two storm water retention ponds located on either side of the student drop off area. An 8 in. water main will be looped around the new elementary school building and tied into existing water main in 59th Avenue North. Sanitary sewer will also be tied into 59th Avenue North. i J.A'NM1 CrAPTNCT The applicant has submitted a landscape plan showing proposed landscaping for the new elementary school and the park. It should be noted that the landscape point system does not address schools or park facilities specifically in the evaluation criteria. The combined sites are 21.6519 acres and the applicant's architect has listed a planting schedule indicating points for the various trees and shrubs. Their analysis shows total points of 2,590.5 based on our point system. 7 -25 -02 Page 2 A service /office land use which requires the highest point value would require 1,500 landscapeeqPqgP points for a comparable size service /office development. A restaurant /retail /service development would require 1,080 landscape points. The points proposed exceed by over 1,000 points the greatest landscape requirement contained in our landscape point system. The plan calls for a majority of the landscaping to be in shade trees. Boulevard trees such as Prairie Dome Ash are to be planted in the green strip area along 59th Avenue North. Additional Pin Oak trees will surround the staff parking lot and American Linden are proposed for the west side of the elementary school building in the play station areas as well as the north side of the building separating the warming house and school building. The large landscape area in front of the elementary school (59th Avenue side of the building) will contain Skyline Honey Locust, River Birch and Majestic Maple. Other shade trees include Green Spire Linden, River Birch and Emerald Luster Maple surrounding the general or shared parking area and bus loop. Summit Ash will line the 60th Avenue North green strip and Humboldt Avenues adjacent to the northwest parking lot and the proposed location for the hockey rink. Decorative trees include Pink Spire Crab and Spring Snow Crab at the entrance to the building and also lining the student drop off area. Coniferous trees such as Colorado Blue Spruce and Colorado Green Spruce are proposed in the area northwest of the hockey rink and also surrounding the sliding hill. Shrubs such as Hughes Juniper, Scandia Juniper and Dark Green Spreading Yew serve as foundation plantings at various locations around the school building and in the student drop off area. Overall the landscape plans appears to be more than adequate for the sites. BT II DING The new building will consist of concrete masonry unit insulated walls with brick veneer. The windows will be energy efficient insulated glass with aluminum frames and exterior doors will be aluminum as well. The building elevations show a two story building with peaked roofs over the southwest portion of the building. A gymnasium will be located on the north end with the cafeteria in the middle of the building. Two floors of classrooms, an office, media and multi purpose areas are to be provided. Construction on the new Earle Brown Elementary School will begin as soon as possible following grading to take place this fall. Once the elementary school is completed, the old Earle Brown Elementary School will be demolished and the various park improvements undertaken. The plans do not indicate any trash enclosure areas, however, it is assumed that trash areas will be in the loading dock turn around location along the west side of the building. Sufficient space should be devoted to trash and an enclosure complimentary to the building material should be constructed and noted on the site plan. 7 -25 -02 Page 3 I ,IGHTINCT The applicants have submitted a lighting plan showing the location of lighting standards for the parking lots and drive lanes as well as lighting standards for the soccer and baseball fields. Parking lot lighting will be at 25 ft. in height while the ball field lights will be 70 ft. The photometric plan shows foot candles to be in the range of lighting in residential areas. Section 35 -712 of the City Ordinances requires that all exterior lighting shall be provided with lenses, reflectors or shades so as to concentrate illumination on the property. No glare shall emanate from or be visible beyond the boundaries of the illuminated premises. The ordinance also requires that the illumination shall not be of a greater intensity than 3 ft. candles measured at property lines abutting residentially zoned property. The foot candles indicated on the lighting plan are within these parameters. PRC"IAI IISE PF.RMT 4TANDARn4 As indicated previously, the elementary school and park facilities are special uses in the R -1 zoning district and are subject to the standards for special use permits contained in Section 35- 220 of the City Ordinances (copy attached). These standards for special use permits require that the proposed special use permit will promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood, nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding property; be designed so as to minimize traffic congestion on the public streets; and conform with the applicable regulations of the district in which it is located. The staff would comment that we believe the continuation and expansion of the Earle Brown Elementary School and redevelopment of Grandview Park at the proposed location will not be detrimental to or endanger the public health, safety, morals or comfort. Furthermore, we do not believe that the use will be injurious to other property in the immediate vicinity nor will it diminish or impair property values within the neighborhood. In fact a new elementary school and park facilities can be considered a positive factor with respect to property values and property development. We also believe that adequate measures have been or will be taken to provide proper ingress and egress and that the parking on the site is adequate for the uses provided. We do not see traffic congestion on public streets to be created with this redevelopment. Some concern has been expressed regarding the vacation of Humboldt Avenue and the ability to provide emergency vehicles in the area. Comments have been made and no anticipated problems are expected by either the police or fire department with respect to emergency response times. 7 -25 -02 Page 4 We also believe that the site and building plans submitted conform with the applicable regulations of the district in which they are located. Finally, we believe the proposal meets all of the standards for special use permits contained in the City's Zoning Ordinance and recommend approval of the application. A public hearing has been scheduled with respect to this special use permit and notices have been sent to surrounding property owners. RRCOMMENDATIO Again, we believe the plans are in order and approval is recommended subject to the following conditions: 1.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, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3.Any outside trash disposal facilities and /or rooftop mechanical equipment shall be appropriately screened from view. 4.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 5 of the City's Ordinances. 5.B -612 curb and gutter shall be provided around all parking and driving areas. 6.An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineering Department. 7.All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 8.The final plat and Humboldt Avenue street right of way vacation shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits for the construction of the elementary school. 9.Special use permit is granted for the construction of a new Earle Brown Elementary School and the redevelopment of Grandview Park. Any expansion or alteration of the facilities not comprehended by the approval shall require and amendment to the special use permit. 10. The developer shall provide appropriate erosion and sediment control devices on 7 -25 -02 Page 5 site during construction as approved by the City Engineering Department. 11. The storm water drainage system and ponding area shall be approved by the West MississippiWatershed Management Commission prior to issuance of permits. 7 -25 -02 Page 6 Ow m7s lucV i liell. DESCRIPTIOP- Lai ARCHITECT. AREAS: ENGINEER: p r NOTES: SURVEYOR. 6w ILJ COC\2 z V) a. EKE 7q -7 l '' I °' .. t M 6 1_ y I IJ ^) • I' '• e.. •,.. Itkvo i= ZI M E M O R A N D U M DATE: August 24, 2018 TO: Ginny McIntosh, City Planner/Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Site Plan Review –Earle Brown Elementary Public Works Department staff reviewed the following documents submitted for review on August 14, 2018, for Earle Brown Elementary improvements: Civil Site Plans dated July 13, 2018 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit: C1.01 – Site Plan 1. Accessibility shall comply with ADA standards. Miscellaneous 2. Upon project completion, the applicant must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 3.The total disturbed area is less than 0.5 acres; no project review is required for the West Mississippi Watershed Commission and an NPDES permit is not required. Prior to issuance of a Land Alteration 4.Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended as required by the City Engi neer. 5.A letter of credit or a cash escrow in the amount of up to 125% of the estimated cost as determined by City staff shall be deposited with the City. 6.A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non- compliance provisions. A separate $2,500 deposit will be required as part of the non-compliance provision. Exhibit C Earle Brown Elementary Site Plan Review Memo, August 24, 2018 Page 2 of 2 Anticipated Permitting: 7. Other permits not listed may be required and is the responsibility of the developer to obtain and warranted. 8. Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 9. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. COU N C IL ITEM MEMOR ANDUM DAT E:9/24/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Meg Beekman, C ommunity Development Director F R O M:G inny Mc Intosh, C ity P lanner / Zoning Adminis trator S UBJ EC T:R esolution R egarding the R ecommended Disposition of P lanning C ommis s ion Applic ation No. 2018-016 S ubmitted by Lux Apartments , LLC , for an Amendment to the 1992 P lanned Unit Development P lans and Documents and P arking/S ite Improvements (Located at 6100 S ummit Drive North) Requested Council Action: - M otion to approve a R esolu tion R eg a rd ing the R ecommen d ed D isposition of P lannin g C ommission Application N o. 2018-016 S ubmitted b y L ux Apartments, L L C , for an Amen d men t to the 1992 P lanned U nit D evelop men t P la n s a n d D ocuments a n d P a rkin g /S ite Improvements (L oca ted a t 6 1 0 0 S u mmit D rive N orth) Background: T his item is regard ing the dis pos itio n o f P lanning C o mmis s io n Applic ation No . 2018-016, sub mitted by Lux Apartments, LLC ., for the reques ted amendment to the 1992 P lanned Unit Develo p ment plans and doc uments and parking/site imp ro vements that would allo w for the conversion o f a fo rmer s enior living facility to market rate apartments for the property loc ated at 6100 S ummit Drive North. C ity s taff met with the Applic ant in May 2018 to disc uss the S ub ject P ro p erty, then kno wn as Earle Brown Terrac e, o r Earle Brown C ommons , and the red evelopment o f the senio r living facility to market rate apartments. It was c o nveyed to C ity s taff at this time that the build ing was und er-o cc upied and would be closing. All residents have since been relocated out of former Earle Brown Terrace s enior living facility. T he building is located on approximately 3.3 ac res and c onsists of the former Minnesota Highway P atrol office building (also known as the “S ummit Bank Building”) and an 11-sto ry build ing, cons tructed in 1987. T hese buildings are c o nnec ted via an interio r walkway c o nnectio n and the S ub ject P ro p erty features a two-level parking ramp. T he fo rmer s enior living fac ility o ffered independ ent and “c atered” (assisted ) living, d ining and other services, including a beauty s alon. T he Applic ant first ap p eared before the P lanning C o mmis s io n and C ity C ounc il under P lanning C ommis s ion Application No . 2018-011 in June and July of 2018. T he intent of the Ap p licant’s reques ts at that time were to determine whether the C ity wo uld allo w the Applic ant to convert the exis ting b uildings into market-rate, multi- family residential units at a red uc ed parking ratio, as the S ub ject P roperty was never c o nstruc ted to the minimum required two (2) parking s talls p er dwelling unit nec es s ary fo r res idential us es . T he Ap p licant made additional req uests under this Applic ation fo r an ad d itional wall s ignage allowance on the south elevation o f the existing 11-sto ry build ing, and an allo wanc e fo r three additional units , to be c o nstruc ted in the future. F ollowing a review of the Applic ation, the P lanning C ommission and C ity C o unc il ultimately rec ommend ed approval of thes e reques ts, subject to the Applic ant returning with final plans for each approved allowanc e. As per thes e requirements, the Applic ant s ubmitted P lanning C ommission Applic ation No. 2018-016 to addres s the final off-street parking layo ut for the S ubjec t P ro p erty, assuming an ap p ro ximately 1.7 parking ratio. Although a P UD Amendment was granted by C ity C ounc il o n July 9, 2018, for the p arking ratio allowance, it was d etermined that final ap p ro val of the propos ed parking plans s hould require an amendment as well. A p ublic hearing no tic e was pub lis hed in the Bro o klyn C enter S un P ost on Augus t 30, 2018, and mail notices were sent to s urrounding p ro p erty o wners . O n S ep tember 13, 2018, the P lanning C o mmis s io n c o nducted a public hearing on the Ap p licant’s req uests . No p ublic c o mments were p ro vided either prior to or d uring the meeting. T he Applic ant, Lux Apartments, LLC , was in attendanc e and ans wered questions of the C ommis s ioners relating to the proposed renovations. C hair R andall C hristensen inquired about s now removal given the limited s p ace o n the S ubjec t P ro p erty and where bic yc les would be s tored. T he Ap p licant (Jim S oderberg of Lux Ap artments, LLC ) indic ated that plans are to s tore the b ic yc les ins ide the basement o f the 11-story building or within the lower level of the struc tured parking garage. C opies o f the P lanning C ommission R ep o rt, dated S eptemb er 13, 2018, and C ity C ounc il resolution are attached as referenc e. Budget Issues: None to cons ider at this time. S trategic Priorities and Values: Targeted R edevelopment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-016 SUBMITTED BY LUX APARTMENTS, LLC, FOR AN AMENDMENT TO THE 1992 PLANNED UNIT DEVELOPMENT PLANS AND DOCUMENTS AND PARKING/SITE IMPROVEMENTS (LOCATED AT 6100 SUMMIT DRIVE NORTH) WHEREAS, the City Council of Brooklyn Center, Minnesota, approved site and building plans for the construction of an 11-story, 140-unit apartment complex submitted under Planning Commission Application No. 86027 through City Council Resolution Nos. 86-120 and 86-121on July 28, 1986, which approved an amendment to the comprehensive plan to allow for mixed use developments including high density, high-rise residential and general commerce in addition to service/office uses in the general area of Earle Brown Farm and site and building plan approval of the apartment complex; and WHEREAS, the City Council adopted Resolution No. 92-234 dated September 28, 1992, which approved the rezoning of two R-7 zoned parcels of land for a mixed use Planned Unit Development, including the Subject Property formerly known as Earle Brown Commons apartment building, and more recently as Earle Brown Terrace senior living facility, and located at 6100 Summit Drive North; and WHEREAS, the Planning Advisory Commission held a duly called public hearing on September 13, 2018, whereby a staff report, Assistant City Engineer’s memorandum, and public testimony regarding the Planned Unit Development Amendment and proposed parking and site plan improvements were received and considered by the Planning Advisory Commission; and the Planning Advisory Commission gave proper consideration of the requested Planned Unit Development Amendment and parking and site plans by utilizing the guidelines for evaluating such amendments as contained in Section 35-355 (Planned Unit Developments) and Section 35-230 (Plan Approval) of the City's Zoning Ordinance, and the City's Comprehensive Plan; and WHEREAS; in light of all testimony received, the Planning Advisory Commission of the City of Brooklyn Center, Minnesota, determined that Planning Commission Application No. 2018-016, submitted by Lux Apartments, LLC, be approved based upon the following considerations: a) The request for amendment to the 1992 Planned Unit Development plans and documents is consistent with the initial approval of the PUD under City Council Resolution No. 92-234, and the approximately 1.7 parking ratio allowance approved under City Council Resolution No. 2018-137 in RESOLUTION NO. that the intent is for the Subject Property to remain as multi-family residential property with sufficient off-street, on-site parking, and is compatible with the standards, purposes, and intent of the Planned Unit Development section of the City’s Zoning Ordinance. b) The proposal for an amendment to the 1992 Planned Unit Development will allow for the continued utilization of the land in question in a manner that is compatible with, complementary to, and of comparable intensity to adjacent land uses and those previously housed within the buildings on site, as well as those permitted on the surrounding land, with the exception that the additional land necessary to install parking on-site, which was never implemented in full under the original site and building plan approval in 1986 under City Council Resolution No. 86-121, be approved as outlined in the parking and site plan submitted with Planning Commission Application No. 2018-016 and at the approximately 1.7 parking ratio as approved under City Council Resolution No. 2018-137. c) The proposed internal site organization, circulation, and parking facilities for the as proposed market rate apartments would be improved by providing the additional parking necessary for continued use of the buildings as multi-family residential. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center, Minnesota, did determine that the guidelines for evaluating a Planned Unit Development Amendment, as contained in Section 35-355, and Site Plan Approval, as contained in Section 35- 230 of the City’s Zoning Ordinance, have been met, and the proposal is therefore, in the best interest of the community. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2018-016, submitted by Lux Apartments, LLC, which requests approval of an amendment to the Planned Unit Development of 1992, and would allow for the as proposed off-street parking on the Subject Property at a parking ratio of approximately 1.7 parking spaces per dwelling unit based upon a total allowance of 143 dwelling units, for the Subject Property located at 6100 Summit Drive North, be approved, subject to the Applicant complying with the following conditions: 1. PUD Amendment/Site Improvement Review: All requested alterations will need to be approved by City staff with respect to applicable codes prior to the issuance of permits, and fire related building code items shall be reviewed and approved by the Fire Chief. a. Any major changes or modifications made to this request can only be made by an amendment to the approved Planned Unit Development plans and documents as approved by the City Council. RESOLUTION NO. i. The parking/site plan shall be revised to remove one parking space within the southwest parking lot to allow for better turnaround capabilities at the end of the lot. ii. The proposed fence along Earle Brown Drive is to be removed from the City right-of-way. The Applicant should consider potential landscaping options for parking lot screening (refer to Approval Condition 5.b). The Applicant shall also work with the adjacent Ecumen Prairie Lodge Property (6001 Earle Brown Drive) to identify whether it is possible to install a fence between the two parking lots. iii. The Applicant shall identify safety features (e.g., mirrors) to incorporate for the parking located between the parking structure and 90-degree parking off the structure’s drive access. iv. If the trash dumpsters are to remain outside the 11-story building, the Applicant shall identify means to completely contain or obscure views of the dumpsters per City Code. Should the enclosure be reconstructed, the Applicant shall use materials complementary to the building. b. Any exterior improvements to the existing two buildings or additions to the buildings will need to meet the City’s Architectural Design Guidelines, which requires that at least 50-percent of each elevation (face) of the buildings be constructed of Class I materials, with the remainder constructed of Class II materials. c. The approvals under Planning Commission Application No. 2018- 016 are only as they relate to off-street parking and site improvements and do not address previously approved allowances for additional dwelling units or wall signage. The Applicant will need to submit separate applications to the City for review and consideration of these items. d. The Applicant shall provide written verification to City staff as to whether the historic former Minnesota State Patrol office building (also known as the “Summit Bank Building”) is subject to any design considerations as part of state or federal historic society designation prior to performing any interior or exterior work. 2. Agreements: a. The existing PUD Agreement with the City of Brooklyn Center shall be revised to reflect these and any future approvals. This agreement is to be reviewed and approved by the City Attorney prior to the issuance of building permits. The agreement shall further assure compliance with the development plans submitted RESOLUTION NO. with this application. b. A Performance Agreement with supporting financial guarantee approved by the City shall be executed upon any approval of the to- be submitted building permit for site improvements, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications, and standards. c. The Developer shall submit an as-built survey of the property, improvements, and utility service lines prior to release of any Performance Agreement financial guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the Assistant City Engineer’s Review memorandums, dated September 10, 2018. a. Final grading, drainage, utility, and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer for City site and building plan approval and prior to the issuance of permits. b. Bicycle facilities and pedestrian sidewalk connections are to be incorporated as part of the project. Plans shall be revised as necessary. c. The Applicant shall review the proposed grading plans to identify opportunities to redirect runoff to the proposed rain garden (located at the end of the proposed southwest parking lot) and overall grading for the eastern parking lot (located along Earle Brown Drive). 4. Fire Inspector/Building Official Review: The Applicant shall work to ensure all applicable 2015 Minnesota Fire Code requirements have been met as part of any site plan approval. a. Per the Fire Inspector, the existing FDC connection, located along Earle Brown Drive, is to be painted red. b. Per the Building Official, a sign (red background with white letters and stating “FDC” or similar) is to be installed. c. The area around the connection should be cleared of snow during the winter months for access. 5. Landscaping: All landscaped areas shall include approved irrigation systems to facilitate site maintenance. a. The contractor shall submit irrigation shop drawings for review and approval prior to installation. b. The Applicant shall identify opportunities to incorporate additional landscaping along parking areas to allow for a textural breakup and RESOLUTION NO. some screening. Any proposed landscaping in these areas should not result in sight visibility issues for drivers or pedestrians. 6. Lighting: Per the submitted photometric plan dated June 5, 2018: a. Fixture specifications shall be provided prior to issuance of any building permits. b. The Applicant should determine whether sufficient lighting is provided within the existing patio area between the 11-story building and Ecumen Prairie Lodge (6001 Earle Brown Drive) and the grassy area located between the 11-story building and Summit Bank Building for resident use. c. Lighting along Ecumen Prairie Lodge (6001 Earle Brown Drive) is to be maintained at 3-foot candles or less. 7. Signage: The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall, freestanding). a. The proposed wall sign on the south elevation of the 11-story building, which received approval for a sign allowance at the City Council meeting on July 9, 2018, and under City Council Resolution No. 2018-137, will require that the Applicant submit final plans for review and consideration to the City as part of a Planning Commission Application. b. All other signage not approved otherwise is subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. September 24, 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. ________________ App. No. 2018-016 PC 09/13/2018 Page 1 Planning Commission Report Meeting Date: September 13, 2018 Application No.2018-016 Applicant: Lux Apartments, LLC Location: 6100 Summit Drive North (PID: 35-119-21-44-0012) Request: (1) Amendment to Planned Unit Development plans and documents, and (2) Parking/Site Improvements to Allow for the Conversion of a Former Senior Living Facility to Market Rate Apartments INTRODUCTION Lux Apartments, LLC (the “Applicant”) is requesting review and consideration of an amendment to the 1992 Planned Unit Development (PUD) plans and documents and approval of parking/site improvements that would allow for the improvements necessary to proceed with the conversion of a former senior living facility to market rate apartments (Exhibit A). As part of the application process, a public hearing notice was published in the Brooklyn Center Sun Post on August 30, 2018, and notices were mailed to surrounding property owners (Exhibit B). COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan: MF- Multi Family (High Density) Neighborhood: Central Current Zoning: PUD-Mixed (Planned Unit Development-Mixed) District Surrounding Zoning: North: C2 (Commerce) District - Earle Brown Heritage Center East: C2 (Commerce) District and C1A (Service/Office) District – Office Buildings and Parking Lots South: C2 (Commerce) District – Office Buildings and Daycare West: PUD-Mixed (Planned Unit Development-Mixed) District and C1A (Service/Office) District – Ecumen Prairie Lodge Senior Living Facility and Office Buildings Site Area: Approximately 3.3 acres • Application Filed: 08/14/2018 • Review Period (60-day) Deadline: 10/13/2018 • Extension Declared: N/A • Extended Review Period Deadline: N/A ________________ App. No. 2018-016 PC 09/13/2018 Page 2 Map 1. Subject Property Location (6100 Summit Drive North). BACKGROUND City staff met with the Applicant in May 2018 to discuss the Subject Property, known as Earle Brown Terrace, or Earle Brown Commons, and the redevelopment of the then-senior living facility to market rate apartments. It was conveyed to City staff that the building was under-occupied and would be closing. The Applicant has since purchased the building and all former Earle Brown Terrace residents have been relocated. The building is located on approximately 3.3 acres and consists of the historic Minnesota Highway Patrol office building (also known as the “Summit Bank Building”) and an 11-story building, constructed in 1987. These buildings are connected via an interior connection and feature a two-level parking ramp. The former senior living facility offered independent and “catered” (assisted) living, dining and other services, including a beauty salon. The Applicant first appeared before the Planning Commission and City Council under Planning Commission Application No. 2018-011 in June and July of 2018. The intent of the Applicant’s requests at that time were to determine whether the City would allow the Applicant to convert the existing buildings into market-rate, multi-family residential units at a reduced parking ratio, as the Subject Property was never constructed to the minimum required two (2) parking stalls per dwelling unit necessary for residential uses. The Applicant made additional requests under this Application for an additional wall signage allowance on the south elevation of the existing 11-story building, and an allowance for three additional units, to be constructed in the future. Ultimately, the Planning Commission recommended approval of the requests, as did City Council. Please refer to the City Council meeting minutes dated July 9, 2018, for details surrounding the initial proposal ________________ App. No. 2018-016 PC 09/13/2018 Page 3 and approval (Exhibit C). It should be noted that the approvals were for allowances only and the resolutions approved specified that the Applicant would need to return with final plan sets to address each allowance request. As per these requirements, the Applicant submitted Planning Commission Application No. 2018-016 to address the final off-street parking layout for the Subject Property, assuming an approximately 1.7 parking ratio. Although a PUD Amendment was granted by City Council on July 9, 2018, for the parking ratio allowance, it was determined that final approval of the proposed parking plans should require an amendment as well. As Planned Unit Developments (PUDs) are intended to “promote flexibility in land development,” approval of a subsequent PUD amendment for the parking allows for all changes to be tracked and incorporated. AMENDMENT TO PLANNED UNIT DEVELOPMENT In 1986, under Planning Commission Application No. 86007, the Subject Property received plat approval to re-subdivide land surrounding Earle Brown Farm. This land was at that time zoned I-1 (Industrial Park) District and was bounded by Summit and Earle Brown Drives. Planning Commission Application No. 86010, approved by City Council under Resolution No. 86-121, resulted in the re-zoning of approximately 7.1 acres, of which included the Subject Property, from I-1 to R-7 (Multiple Family Residence) District. Approval of site and building plans for an 11-story, 140-unit apartment complex with a brick exterior, one story lounge, and connecting parking ramp were approved under Planning Commission Application No. 86027 on July 17, 1986, by the Planning Commission, and on July 28, 1986, by City Council. This approval was part of a previously recommended amendment by City Council to the Brooklyn Center Comprehensive Plan “to allow mixed use development, including high-rise, high-density residential development on the land in and around the Earle Brown Farm.” The 2030 Brooklyn Center Comprehensive Plan identifies the Subject Property’s existing and future use as “MF” or high density multi-family residential. In 1992, under Planning Commission Application No. 92013, the Subject Property and the property to the south (6001 Earle Brown Drive) were re-zoned from R7 (Multiple Family Residence) District to PUD- Mixed. This re-zoning was partially in order to help facilitate the development of neighboring 6001 Earle Brown Drive into a senior housing facility, which was to be located in three buildings or “houses.” Today, this property is home to the Ecumen Prairie Lodge. As part of the PUD approval, staff comments at that time noted that the Earle Brown Commons (Terrace) senior living facility project was, “clearly intended to be a two phase development with the second phase to be another high rise building, attached to the phase one building at the property line. With the proposal of the Evergreen residential care facility (now known as Ecumen Prairie Lodge), phase two of the Earle Brown Commons (Terrace) is being abandoned.” SITE PLAN Access and Parking Construction of the Ecumen Prairie Lodge (6001 Earle Brown Drive) in 1992 resulted in the Subject Property losing the majority of its proof-of-parking spaces, which would have been located on the phase two parcel (now the site of Ecumen Prairie Lodge). As residential units require a minimum of two (2) parking spaces per unit, the Subject Property would have required a total of 280 parking spaces for 140 units. At the time of PUD consideration in 1992, there were 173 parking spaces on-site, including 140 ________________ App. No. 2018-016 PC 09/13/2018 Page 4 spaces in the two-level parking ramp. The Applicant has noted in their submittal the presence of 178 parking stalls, which has been revised since the last noted figure of 171 parking stalls (per the last Planning Commission Report dated June 28, 2018). The existing parking, assuming the 140 existing dwelling units, is at a 1.27 parking ratio. The Applicant is requesting to install an additional 67 stalls on-site of the Subject Property, which would bring the total number of parking spaces to 245 off-street parking spaces. Per Zoning Code regulations, which require two (2) parking spaces per dwelling unit, this would leave the Subject Property 35 spaces shy of the 280 spaces necessary for the existing 140 units, or 41 spaces shy of the minimum 286 spaces necessary for the approved 143 units. At the City Council meeting on July 9, 2018, Council members approved an allowance for an approximately 1.7 parking ratio. The proposed 245 parking spaces would therefore meet this threshold (1.7 parking ratio). In reviewing the proposed off-street parking layout, City staff noted that the parking located along the southwestern edge of the Subject Property could result in difficult turnaround navigations should the parking lot be full. City staff determined that the Applicant should revise the parking plan to utilize one (1) parking space as a loading or turnaround space. The removal of one parking space would bring the total number of parking spaces down to 244 parking spaces, which was originally outlined under Planning Commission Application No. 2018-011 and still allows for a 1.71 parking ratio. Please refer to Image 2 below. A similar tight turnaround exists along the eastern parking lot (adjacent to Earle Brown Drive), however, as there are only 15 proposed parking spaces, and as this area is highly visible from the street, City staff is less concerned with the turnaround capabilities. Image 1. Subject Property Proposed Parking Areas (6100 Summit Drive North). Per the Zoning Code, no parking shall be permitted within 15 feet of the street right-of-way, and this area shall be maintained as a green strip. Installation of the additional parking would result in the encroachment of some new surface parking spaces and a turnaround into the 15-foot green strip area along the south and east entrances to the Subject Property. Upon a review of the existing conditions survey, it was determined that the existing two-level parking ramp already encroaches slightly at three ________________ App. No. 2018-016 PC 09/13/2018 Page 5 different points along the structure. None of the outlined encroachments would encroach over the property line or into the City’s right-of-way. Image 2. Subject Property Proposed Parking Layout (6100 Summit Drive North). A minimum 24-foot wide drive aisle is required for 90-degree two way parking. Although the photometric plan notes drive aisle dimensions as well as typical parking space dimensions, the site plan only notes the widths of some drive aisles. Pending approval of the Planning Commission Application and submittal of a building permit, the site plan should be updated to reflect all aisles and dimensions. It should be noted that the existing uphill drive to the upper parking ramp falls just below the minimum width requirement at 23.2 feet in width. 90-degree parking spaces would need to meet the minimum 8 foot, 8 inch width and 18-foot length requirements per the City’s Zoning Code. The Applicant will also ________________ App. No. 2018-016 PC 09/13/2018 Page 6 need to provide sufficient accessible parking and loading spaces to comply with the 2015 Minnesota Accessibility Code requirements near the main entrances to the buildings. Finally, the Applicant should identify means to incorporate safety features (e.g., mirrors) between the parking located on the parking structure and parking located along the drive access to the parking structure. Although the construction of additional levels to the existing two-level parking structure were discussed, it was noted by City Manager Curt Boganey at the City Council meeting on July 9, 2018, that, “there is no place to put 280 parking spaces on this site so it has been out of compliance since Day 1.” He added, “There is no economic way to add 109 parking spaces. For that reason, the purchaser (the Applicant) is rightfully hesitant to acquire the vacant property with the expectation that he will have to add 109 spaces to comply with the current Ordinances. The purchaser would like some indication the City Council is willing to offer some flexibility beyond the ordinance requirement for 280 parking spaces.” Regarding the Applicant’s anticipated acquisition of the former Earle Brown Terrace (Subject Property), Jim Soderberg (the Applicant) further noted that, “if they (the Applicant) did not think they had enough parking, they would not do this deal.” As an added note, the Applicant noted to City staff that, in addition to the economic infeasibility (of constructing additional levels of structured parking), it would be unsightly, and would block views for residents residing on the south side of the 11-story building. As part of the parking review under Planning Commission Application No. 2018-011, the Applicant conducted an internal survey of existing parking at other Soderberg Apartment Specialists’ owned apartment buildings and determined the following parking ratios and allocations of bedroom units per property: Table 1. Parking and Unit Type Breakdown of Subject Property and Other Soderberg Apartment Specialists’ Owned Apartment Buildings. Property Location # Dwelling Units Bedroom Breakdown Parked Cars Parking Ratio Hopkins 150 (1 bd only) 100% - 1 bd 170 1.14 Saint Louis Park 120 (70-1 bd | 50-2 bd) 58%-1 bd |42%-2 bd 142 1.18 Brooklyn Center* 72 (24-1 bd | 48-2 bd) 33%-1 bd | 67%-2 bd 123 1.71 Subject Property 140 (81-1 bd | 59-2 bd) + 3 proposed units (2-1 bd | 1 studio/efficiency**) 59%-1 bd/studio | 41%-2 bd 244 (assuming one space is removed for turnaround) 1.71 * Indicates greater percentage of two unit apartments than Subject Property. ** For purposes of calculation, the proposed studio/efficiency unit is included with 1 bedroom units for “Bedroom Breakdown.” The Applicant did indicate that preliminary discussions had been held regarding potential parking use agreements for residents and their guests at neighboring properties; however, it is the Applicant’s intent to provide sufficient parking on-site as the Applicant has indicated in the past that convenient parking is necessary when looking at overall tenant satisfaction and the retaining of tenants. Per the Assistant City Engineer’s memorandum dated September 10, 2018, and previous memorandum dated June 25, 2018, the Applicant shall provide bicycle facilities, given the Subject Property’s relative proximity to nearby trails, and provide sidewalk connections along the Subject Property. For public transportation options, the Subject Property is about a six minutes’ walk to the 722 bus line, which runs north to Brooklyn Park and the Target North Campus, and south to the Brooklyn Center Transit Center. ________________ App. No. 2018-016 PC 09/13/2018 Page 7 LIGHTING | TRASH | SCREENING Lighting Per the City Zoning Code, “all exterior lighting shall be provided with lenses, reflectors, or shades, so as to concentrate illumination of the property of the owner or operator of said illumination devices.” The submitted photometric plan notes lighting that will be of the cutoff type and identifies a total of 32 new and existing fixture locations on the Subject Property. This includes the installation of 11 LED, downcast, flat lens wall pack lights, and 14 LED decorative style light poles, mounted at a 12 foot height. Two-22 foot high light poles would remain, and five (5) additional light poles, also mounted at a 22-foot height, would be installed as part of the project. Per the City Zoning Code, lighting shall not exceed three (3) foot candles measured at property lines abutting residentially zoned property, or 10 foot candles measured at the property lines abutting the street right-of-way or non-residentially zoned properties. As is specified, no glare shall emanate from or be visible beyond the boundaries of the illuminated premises. The photometric plan notes that the maximum number of foot candles for any light poles or wall-pack fixtures around the Subject Property would be not more than 15.1 foot candles (North West area of Subject Property) and no more than 3.81 foot candles on average. As the Subject Property abuts Ecumen Prairie Lodge (senior living facility), the Applicant will need to ensure that the maximum 3-foot candles for abutting residential properties is maintained at or below this threshold. As is noted along the southwest parking lot, the foot candles identified appear to fall just below the threshold. The Applicant may also want to consider the installation or reallocation of lighting near the patio area located between the Subject Property and Ecumen Prairie Lodge and the grassy area located between the 11-story building and former Summit Bank Building, as residents with pets may want to access these areas. Although traditional lighting could be considered, the Applicant may want to identify opportunities for illuminated pedestrian bollards, particularly if pedestrian pathways are to be introduced. The Applicant should also verify whether sufficient lighting is provided over the trash/loading area, which is located between the 11-story building and parking structure (along Earle Brown Drive). Trash The existing trash area is located within/just outside the 11-story building. It is understood that the Applicant intends to maintain this trash area, along with the existing loading area for trash pickup. The Applicant should verify that the existing trash/loading area is maintained and clean of any debris or trash as this area is highly visible from Earle Brown Drive. If the dumpsters are to remain outside the 11- story building the Applicant should construct a trash enclosure that completely covers or obscures the view of the dumpsters. This enclosure should be complementary to the building. As the drive access to the loading area is to be shared with a small parking lot, the Applicant may want to consider the use of signage or paint markings to ensure tenants or visitors do not attempt to park in this area. Screening All other ground mounted equipment (e.g., transformers, mechanical) shall be effectively screened from adjacent public rights-of-way and properties by a solid wall or fence constructed of wood, masonry, or other durable materials that are complementary to the materials used on the primary building. Per Chapter 12 (Building Maintenance and Occupancy) of the City Code, roof-mounted equipment shall also be screened from view through use of parapets, wall/fencing materials, or paint to match surrounding ________________ App. No. 2018-016 PC 09/13/2018 Page 8 colors when visible from the public right-of-way. As is noted in the Assistant City Engineer’s memorandum dated September 10, 2018, the Applicant should remove the proposed fence along Earle Brown Drive from the plans as it is not only off the property (in City right-of-way), but due to concerns regarding sight visibility for both drivers and pedestrians. Per Section 35-711 (Parking Lot Screening), “All open off-street parking areas having more than six spaces and all off-street loading and unloading spaces shall be effectively screened from any abutting residential lots by a solid wall or opaque fence six feet high, or by such other device as may be approved by the City Council.” Although the proposed southwest parking lot does not provide much in the way of room for fencing, the Applicant shall work with neighboring Ecumen Prairie Lodge (6001 Earle Brown Drive) to determine whether a fence is desired, as the proposed southwest parking lot would abut Ecumen’s parking lot and residential facility. Landscaping The project submittal includes a landscape plan and planting schedule, Although City Code does not have any specific requirements on the species of landscaping, the City has operated under and held new and redeveloped areas to complying with the City’s adopted Landscape Point System policy, which assigns points to a given site based on the acreage of a development. The point system requires multi-family residential sites to provide a specific amount or number of landscaping units, and is based on the maximum percentage of certain materials (i.e., 50% shade trees; 40% coniferous trees; 35% decorative trees; and 25% shrubs). Given a “Multi-Family Residential” use and assuming an approximately 3.3 acre site, the Applicant would need to achieve a minimum of 277.5 points. Planting Type Minimum Size Points Per Planting Maximum Points (%) Points Accrued Shade (Deciduous) Trees 2 ½” diameter 10 50% or 139 points 120 (12 trees x 10 = 120) Coniferous (Evergreen) Trees 5’ height 6 40% or 111 points 96 (16 trees x 6 = 96) Decorative (Ornamental) Trees 1” diameter 1.5 35% or 97 points 12 (8 trees x 1.5 = 12) Shrubs 12” diameter 0.5 25% or 69 points 76.5 (153 shrubs x 0.5 = 76.5) Total 100% or ~277.5 points 304.5 points Based on a review of the Landscape Plan, dated August 14, 2018, the plan would meet and exceed the minimum requirements under the Landscape Point System Policy at 304.5 points achieved. In addition to the proposed deciduous tree, ornamental tree, evergreen tree, and shrub plantings, the Applicant also intends to incorporate Karl Foerster grasses, Russian sage, and daylilies along the front of the former Summit Bank Building. The Applicant should review the submitted Landscape Plan to determine additional opportunities that might provide some textural breakup of the parking lot areas through the installation of additional plantings, as City staff has recommended the removal of the proposed fence along Earle Brown Drive. ________________ App. No. 2018-016 PC 09/13/2018 Page 9 Per City requirements, the Applicant will need to ensure an irrigation system is installed as part of the landscape installations. Shop drawings are to be submitted to the City once the location of the system has been determined and as part of any approval of the project and building permit submittal. ENGINEERING REVIEW Per Assistant City Engineer Andrew Hogg’s memorandum dated September 10, 2018, and pending approval of Planning Commission Application No. 2018-016, the Applicant will need to revise the plan sets in accordance with the comments and revisions as outlined in the aforementioned memorandums (Exhibit D). As was mentioned in the original memorandum dated June 25, 2018, any stormwater runoff shall be treated on-site, in rain gardens, swales, and any other water quality Best Management Practices (BMPs) shall include pre-treatment. The proposed run off rates submitted as part of the required site and building plan approval will require that they be equal to or below the existing runoff rates. Per conversations with the Assistant City Engineer, the Applicant should review the plan set to confirm grading, as it appears any runoff in the southwest parking lot would likely utilize the catch basin located west of the Subject Property, rather than the rain garden located at the end of the parking lot. Additionally, the Applicant should review the proposed grading for the small parking lot located along Earle Brown Drive. FIRE INSPECTOR/BUILDING OFFICIAL REVIEW The Applicant shall work to ensure all 2015 Minnesota Fire Code requirements have been met as part of any building and site plan approval. 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, emergency access, fire sprinkler systems, etc. As the FDC connection is located off the building and along Earle Brown Drive, Fire Inspector Brandon Gautsch requested that the Applicant paint this connection point red as it currently blends in with the surroundings and may be difficult to find during the winter months. Building Official Dan Grinsteinner also noted that a sign (red background with white letters and stating “FDC” or similar) be installed for clear identification. With this in mind, this area should also be kept clear of snow in order to provide access if ever needed. SIGNAGE As part of the PUD amendment approved by City Council on July 9, 2018, a signage allowance was granted for a wall sign on the south elevation of the 11-story building. The Applicant will need to follow up and submit a separate Planning Commission Application with final plans in order for the Planning Commission and City Council to provide any formal, final consideration of this wall sign. With the exception of the proposed wall sign on the south elevation of the 11-story building, all other signage will need to comply with the Sign Code requirements for multiple family dwellings and cluster developments as outlined in Chapter 34 of the City Code. The Applicant will need to apply for and receive issuance of a sign permit in order to install any new signage. Based on staff findings, staff recommends Planning Commission recommendation of the amendment to the 1992 Planned Unit Development plans and documents and approval of the proposed parking/site plan at the previously approved, approximately 1.7 parking ratio, and approval of the anticipated site improvements for the Subject Property located at 6100 Summit Drive North, subject to the Applicant complying with the Approval Conditions as noted below. ________________ App. No. 2018-016 PC 09/13/2018 Page 10 APPROVAL CONDITIONS Staff recommends the following conditions be attached to any positive recommendation on the approval of an amendment to the 1992 Planned Unit Development plans and documents and aforementioned parking and site improvements to allow for the conversion of a former senior living facility to market rate apartments: 1. PUD Amendment/Site Improvement Review: All requested alterations will need to be approved by City staff with respect to applicable codes prior to the issuance of permits, and fire related building code items shall be reviewed and approved by the Fire Chief. a. Any major changes or modifications made to this request can only be made by an amendment to the approved Planned Unit Development plans and documents as approved by the City Council. i. The site plan shall be revised to remove one parking space within the southwest parking lot to allow for better turnaround capabilities at the end of the lot. ii. The proposed fence along Earle Brown Drive is to be removed from the City right-of-way. The Applicant should consider potential landscaping options for parking lot screening (refer to Approval Condition 5.b). The Applicant shall also work with the adjacent Ecumen Prairie Lodge Property (6001 Earle Brown Drive) to identify whether it is possible to install a fence between the two parking lots. iii. The Applicant shall identify safety features (e.g., mirrors) to incorporate for the parking located between the parking structure and 90-degree parking off the structure’s drive access. iv. If the trash dumpsters are to remain outside the 11-story building, the Applicant shall identify means to completely contain or obscure views of the dumpsters. Should the enclosure be reconstructed, the Applicant shall use materials complementary to the building. b. Any exterior improvements to the existing two buildings or additions to the buildings will need to meet the City’s Architectural Design Guidelines, which requires that at least 50-percent of each elevation (face) of the buildings be constructed of Class I materials, with the remainder constructed of Class II materials. c. The approvals under Planning Commission Application No. 2018-016 are only as they relate to off-street parking and site improvements and do not address previously approved allowances for additional dwelling units or wall signage. The Applicant will need to submit separate applications to the City for review and consideration of these items. d. The Applicant shall provide written verification to City staff as to whether the historic former Minnesota State Patrol office building (also known as the “Summit Bank Building”) is subject to any design considerations as part of state or federal historic society designation prior to performing any interior or exterior work. ________________ App. No. 2018-016 PC 09/13/2018 Page 11 2. Agreements: a. The existing PUD agreement with the City of Brooklyn Center shall be revised to reflect these and any future approvals. This agreement is to be reviewed and approved by the City Attorney prior to the issuance of building permits. The agreement shall further assure compliance with the development plans submitted with this application. b. A Performance Agreement with supporting financial guarantee approved by the City shall be executed upon any approval of the to-be submitted building permit for site improvements, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications, and standards. c. The Developer shall submit an as-built survey of the property, improvements, and utility service lines prior to release of any Performance Agreement financial guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer’s Review memorandums, dated September 10, 2018 (Exhibit D). a. Final grading, drainage, utility, and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer for City site and building plan approval and prior to the issuance of permits. b. Bicycle facilities and pedestrian sidewalk connections are to be incorporated as part of the project. Plans shall be revised as necessary. c. The Applicant shall review the proposed grading plans to identify opportunities to redirect runoff to the proposed rain garden (located at the end of the proposed southwest parking lot) and overall grading for the eastern parking lot (located along Earle Brown Drive). 4. Fire Inspector/Building Official Review: The Applicant shall work to ensure all applicable 2015 Minnesota Fire Code requirements have been met as part of any site plan approval. a. Per the Fire Inspector, the existing FDC connection, located along Earle Brown Drive, is to be painted red. b. Per the Building Official, a sign (red background with white letters and stating “FDC” or similar) is to be installed. c. The area around the connection should be cleared of snow during the winter months for access. 5. Landscaping: All landscaped areas shall include approved irrigation systems to facilitate site maintenance. a. The contractor shall submit irrigation shop drawings for review and approval prior to installation. b. The Applicant shall identify opportunities to incorporate additional landscaping along parking areas to allow for a textural breakup and some screening. Any proposed landscaping in these areas should not result in sight visibility issues for drivers or pedestrians. ________________ App. No. 2018-016 PC 09/13/2018 Page 12 6. Lighting: Per the submitted photometric plan dated June 5, 2018: a. Fixture specifications shall be provided prior to issuance of any building permits. b. The Applicant should determine whether sufficient lighting is provided within the existing patio area between the 11-story building and Ecumen Prairie Lodge (6001 Earle Brown Drive) and the grassy area located between the 11-story building and Summit Bank Building for resident use. c. Lighting along Ecumen Prairie Lodge (6001 Earle Brown Drive) is to be maintained at 3-foot candles or less. 7. Signage: The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall, freestanding). a. The proposed wall sign on the south elevation of the 11-story building, which received approval for a sign allowance at the City Council meeting on July 9, 2018, will require that the Applicant submit final plans to the City as part of a Planning Commission Application for review and consideration. b. All other signage not approved otherwise is subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. RECOMMENDATION Based on the above-noted findings, staff recommends: The Planning Commission recommends City Council approval of the amendment to the 1992 Planned Unit Development plans and documents and approval of the proposed parking/site plan at the previously approved approximately 1.7 parking ratio, and approval of the anticipated site improvements for the Subject Property located at 6100 Summit Drive North, subject to the Applicant complying with the Approval Conditions as noted above. Should the Planning Commission accept these recommendations, the Commission may elect to adopt the resolution to be provided prior to the scheduled Planning Commission meeting on September 13, 2018. Attachments Exhibit A- City Submittal for 6100 Summit Drive North by Lux Apartments, LLC, and CivilSite Group dated August 14, 2018. Exhibit B- Public Hearing Notice for 6100 Summit Drive North, published by Brooklyn Center Sun Post, dated August 30, 2018. Exhibit C- Select City Council Meeting Minutes, Item 9.b, dated July 9, 2018. Exhibit D- Review Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated September 10, 2018. Exhibit A Project: Details: Luma Sales: Steve Hahn Date:6/5/2018 Filename: LS952-3099.AGI Page Size: 36 x 44 IPA-d.com Project # Layout By: Kathy Frey Site Lighting 6100 Summit Drive Mpls, MN intended for construction. Fixture runs and quantities should be verified prior to order. Values represented are an approximation generated from manufacturers photometric inhouse or independent lab tests with data supplied by lamp manufacturers. These drawings are for conceptual use only and are not LS952-3099-2 Lu m i n a i r e S c h e d u l e Ca l c u l a t i o n S u m m a r y Sy m b o l Qt y La b e l Ar r a n g e m e n t Lu m . L u m e n s LL F De s c r i p t i o n Ta g Lu m . 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Ms. McIntosh stated that is correct and described the shift in parking row/drive aisle and arrangement of parking. Councilmember Ryan stated the reason Luther is making this request is so they can store new car inventory in another location because the present storage location is under construction for the new Mazda Mitsubishi dealership. Ms. McIntosh stated that is correct. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 018-136, Regarding the Recommended Deposition of Planning Commission Application No. 2018-010, submitted by Linda McGinty of The Luther Company, LLLP, for the issuance of an of an Interim Use Permit for the off-site storage of new vehicles (located at 5900, Shingle Creek Parkway. Motion passed unanimously. Mayor Willson stated his support for considering this request from one of the City's premiere businesses. He noted they now have eight dealerships, are one of the highest paying tax payers, creates jobs, presence, and been good to the City with a number of other contributions. 9b. PLANNING COMMMISISON APPLICATION NO. 2018-011, SUBMITTED BY LUK APARTMENTS, LLC, REQUESTING APPROVAL OF AN AMENDMENT TO THE 1992 PLANNED UNIT DEVELOPMENT PLANS AND DOCUMENTS AND SITE IMPROVEMENTS TO ALLOW FOR THE CONVERSION OF A FORMER SENIOR LIVING FACILITY TO MARKET RATE APARTMENTS LOCATED AT 6100 SUMMIT DRIVE NORTH) Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2018-011 regarding the request of Luk Apartments, LLC for an amendment to the 1992 Planned Unit Development (PUD) plans and documents and site improvements to convert a former senior living facility (currently closed) to market rate apartments at 6100 Summit Drive N. The request includes an allowance for off-street parking ratio of approximately 1.7 parking spaces per dwelling unit versus the minimum required two parking spaces per dwelling unit; wall signage allowance of up to 350-square feet on the south elevation of the existing 11-story apartment building; and, allowance of three additional dwelling units for future approval of a total of 143 units versus the existing 140 units. Ms. McIntosh explained consideration tonight is only for the three allowance requests, not final approval and if approved, the applicant will be required to return with final plan sets, site plan, and make application through the Planning Commission. Councilmember Butler asked why the City Council should encourage under parking as many residents own cars, more than one per rental unit, and there is already a parking issue at current apartment parking lots. Ms. McIntosh stated the applicant conducted an informal survey of their other apartment properties and calculated approximately how many cars were parked based on the number of apartments. Based on that survey, the applicants have indicated they are 07/09/18 8- Exhibit C comfortable with a ratio of about 1.7 parking spaces per unit. Ms. McIntosh noted since this will be for market rate apartments, the applicant will not want to be in a situation where people won't rent because there is not enough parking in the lot. She stated that issue can be addressed when they return with final plan sets. Councilmember Butler stated she is not comfortable approving an allowance at 1.7 spaces per unit considering what she already knows about the situation at existing apartment parking lots. She asked whether the three requested allowances are considered as one or separately as she does not have a problem with the other two requests. Mayor Willson stated based on past practice, a Councilmember can request to separate considerations. Mayor Willson noted this consideration is slightly out of order from what has occurred in the past and he thought these allowances would first be considered by the Planning Commission with a recommendation for the City Council's consideration. He asked if the allowances are binding on the City Council if approved. Ms. McIntosh clarified that the property is not owned by the applicant but they are in talks with the owner. Because the applicant wants to convert the building from senior housing to market rate, parking is a determining factor. In that effort, the applicant has addressed parking by adding surface parking as there is no intent to add to the parking structure. Mayor Willson stated the City Council does not get into the property purchase negotiations between private properties but this feels like that may be the case. He asked if the allowances are binding if approved tonight or can the allowances be changed later by City Council action. City Attorney Troy Gilchrist advised this action would approve the scope of flexibility allowed with this property. He stated he suspects this is before the City Council because the applicant would like to exercise this flexibility in deciding whether to purchase this property. City Attorney Gilchrist advised the City would not be bound by these allowances, if approved tonight, but that may be counter to what the applicant expects the City Council to consider in final design. Mayor Willson expressed concern with considering allowance flexibility before ever seeing the project plans. He stated he has no problem with the three requests other than the way the process is going forward because normally, the Planning Commission would have looked at this in conjunction with the final plans and then make a recommendation to the City Council. Mayor Willson stated his concern that if approved tonight, the City Council 'goes in blind.' Ms. McIntosh stated this process is also different for City staff as they usually get full plan sets so instead this is like looking at changing the Master Plan to a PUD. She noted the applicant has indicated they are looking at surface parking but if the City Council is not comfortable with surface parking and would want a ramp, then that should be indicated now. Ms. McIntosh noted the full plan sets still need to be submitted for Planning Commission review and recommendation. Mayor Willson stated again his concern that these allowances would be binding on a future consideration and that by approving tonight, the City Council has no control over building plans when they come forward on these three issues. City Attorney Gilchrist advised the City Council will have control but the plans come with the expectation the City Council will grant the flexibility being considered tonight. In addition, approving allowances tonight does not approve 07/09/18 9 specific building plans as that comes later. City Attorney Gilchrist stated if approved, there would be an expectation from the applicant that if the plans reflect these allowances, it would be acceptable. But, the City Council still has authority to make changes, such as to parking location. Councilmember Ryan stated the substance of consideration is the applicant cannot go below 1.7 parking spaces and if this is an upscale conversion, there is strong economic interest to increase parking availability. Ms. McIntosh stated the 1.7 parking spaces are all on site. Councilmember Ryan noted there is also opportunity to consider off-site parking on neighboring properties that can be considered later. Ms. McIntosh stated that is correct and a condition can be added to require the applicant to take additional action if parking is deemed to be insufficient at any point in the future. Mayor Willson stated he has no problem with the three allowances being requested, though he thinks it is the wrong time. He stated he is willing to consider the allowances separately. Mayor Willson stressed to staff that he does not want to consider a precedence or consider this process again in the future. Councilmember Graves stated Councilmember Butler expressed her same thoughts and especially if the project converts from senior living to market rate multi-family, which conceivably could have more than one driver per apartment and only 1.7 parking spaces per unit are being provided. She felt that ratio makes more sense for senior housing. Also, adding three more units would then potentially increase the need for parking. Councilmember Graves stated she does not have a problem with the requested signage allowance. Mayor Willson stated the applicant and owners will have to deal with the parking issues. The City deals with rental licensing and number of police calls to the property. Mayor Willson noted if there are police calls about parking on the street, then that is where the City's enforcement of the rental license comes in. Councilmember Graves stated her preference to prevent police calls from happening in the first place and not after the fact. Mr. Boganey agreed this is an unusual consideration and he appreciates the Mayor's comments in that regard. He stated from his perspective, it is important to explain why it was brought before the City Council in this way. Mr. Boganey noted the current building has 140 units and under current standard that requires 280 parking spaces. There is no place to put 280 parking spaces on this site so it has been out of compliance since Day 1. Now the building is unoccupied and a purchaser wants to take a 'lemon and make lemonade' but there is no economic way to add 109 spaces. For that reason, the purchaser is rightfully hesitant to acquire the vacant property with the expectation that he will have to add 109 spaces to comply with the current Ordinances. The purchaser would like some indication the City Council is willing to offer some flexibility beyond the ordinance requirement for 280 parking spaces. Mr. Boganey noted the purchaser has some options to negotiate with the seller an agreement to allow for additional days to go through the site plan review process and get all required approvals before entering into the final purchase 07/09/18 10- agreement or do what is being done today to get a clear read from the City Council as to whether they are willing to be flexible. Mr. Boganey stated the question may be what makes staff think this apartment will function effectively without two parking spaces per unit when parking on the street is also prohibited. That information was provided to staff and the owner has indicated they feel comfortable that 1.7 spaces per unit is adequate based on their experience with the market they intend to serve. If staff had not seen that data, staff would not be presenting it to the City Council. Mayor Willson asked about the option for parking off site. Erik Falkman, Lux Apartments LLC, 6401 Camden Avenue N., addressed the City Council. He stated they own close to 650 apartment units in Brooklyn Center, in four separate buildings, and conducted an informal internal survey of those apartment properties at 2:30 a.m., when the parking lot was the most full. Based on that survey, they determined that 1.7 was the maximum used by their apartments. Mr. Falkman stated they are making a substantial investment in this property and he appreciates the City Council's consideration of this request. He agreed the sequencing is out of order from the normal process but they want to have control of the parking issue. Mr. Falkman noted this property has 140 units, with 90 one-bedrooms, 50 two-bedrooms and no three-bedrooms. Jim Soderberg, Lux Apartments LLC, 6401 Camden Avenue N., addressed the City Council. He stated they will install upgraded finishes including new doors with electronic locks, granite, stainless steel appliances, upgraded exterior materials, two roof-top decks, and signage to attract traffic from Highway 100. Mr. Soderberg stated they came to Brooklyn Center in 1995 and since then, think the changes in Brooklyn Center are spectacular. He described other crime- ridden apartment buildings they have purchased and improved and stated they have over $50 million in Brooklyn Center and this new project would add $3.5 million of improvements. Mr. Soderberg addressed Councilmember Graves' concern and assured the City Council that if they did not think they had enough parking, they would not do this deal. He stated they also surveyed their Hopkins apartment where they had 1.9 parking spaces per unit. Mr. Soderberg stated their support of the Top Golf business and anything that benefits Brooklyn Center, noting levels of crime in the City's apartments have been greatly reduced. Mayor Willson stated he does not dispute the good improvements the applicants have made to apartments in the City but his struggle is the procedural piece, which he finds to be odd. But, on the other hand, Mayor Willson acknowledged the applicant is paying the money so he understands their desire to ask the City Council to move in the direction with which they are comfortable. Councilmember Lawrence-Anderson asked about the bedroom mix. Mr. Falkman stated there are currently 140 units, with 90 one-bedrooms and 50 two-bedrooms. Councilmember Ryan thanked the applicants for sharing additional information, noting he is more comfortable with the procedural anomalies after further explanation that the parking 07/09/18 11- requirements meet their expectations and comments by Mr. Boganey. He stated he is encouraged by the level of improvements and acknowledged and thanked the applicants for turning around other multi-family properties in the City to address those significant and serious problems in the past. Councilmember Ryan stated he is now comfortable supporting this request. Councilmember Graves asked about the parking spaces, noting if every two-bedroom had two drivers, and half of the one-bedrooms had two drivers, then parking is still under their number. She stated she made an estimated guess that they need 235 spaces and 244 spaces are being provided. Mr. Falkman stated that is a good observation and roughly the same calculations they used. Plus, they can expand that number if using some of their surrounding properties. Councilmember Lawrence-Anderson asked if there are any plans for a future parking ramp. Mr. Soderberg stated there is a two-level parking ramp but you could not add on three more floors. In addition, a parking ramp is economically impossible and would look horrible as it would be in front of a gorgeous building. Mr. Soderberg assured the City Council that with the intended landscaping and fencing, the on-site parking will not look that bad. Councilmember Butler asked about visitor parking when there is not enough parking for each unit if there are two drivers per unit. She stated in going to community meetings, 40-50 people have told her there is not enough parking for apartment residents and no parking for their visitors. Mr. Soderberg agreed with the importance of providing adequate visitor parking, which will be located the farthest away from the doors, the same as at their other 24 apartment communities. Mr. Falkman stated he is not a parking expert but they deal with it every day and receive feedback from their residents. He stated they have a lot of ways to maximize the flow of parking, noting they have other properties where parking is constrained but they understand how that parking has to be moved around. Mr. Boganey stated if you begin with the assumption that reducing the parking requirement is potentially problematic, he would ask why then add three units and make it even worse. Mr. Soderberg stated 1.7 is not problematic because they think they will have a lot of left over parking spots at 1.7. With regard to the three additional units, there is a seventh-floor balcony that could be used for a penthouse apartment or maybe two units. He noted the tenth-floor balcony will have views of downtown, they will change the metal balcony railings to glass railings, and add other nice amenities. Mr. Soderberg stated they want to create statement units and for people to think it is a brand-new building. Mr. Boganey asked what is the principal reason the applicants are unable to delay closing until after they have gone through the typical application process for site and building plan review by the Planning Commission with recommendation to the City Council. Mr. Soderberg explained discussions with the sellers started in December, this has already been delayed, and the sellers have run out of patience at this point. He would like a resolution tonight to gain a comfort level to move forward. Mr. Soderberg noted this is one of the last areas to redevelop and assured the City Council this will be an incredible improvement. 07/09/18 12- Councilmember Graves stated she contacted people who were displaced from an apartment and was told they were not given much notice about moving out. She asked why residents were not aware of what was happening sooner. Mr. Falkman stated that happened before they became involved but some of the issues came down to process and legalities with senor living. He noted they were at 30% occupancy for a period of time, the building was functionally obsolete for senior housing use, and they were not financially able to continue operation. He stated his understanding they went above and beyond in notice and upgraded those residents living situation within 30-45 days. Mr. Soderberg stated in December, the timing had to do with The Sanctuary, which was also delayed, and they wanted to make sure they had a place for displaced residents. He agreed the people were relocated quickly and into better housing. Mayor Willson noted City staff also stepped up to work with those residents and went beyond what was required to make sure those residents had a place to go. In addition, The Sanctuary went above and beyond. Mayor Willson commended staff for what they had done for those residents. Mr. Soderberg stated they also covered some moving expenses for those residents even though they were not required to do so. Councilmember Ryan moved and Mayor Willson seconded to approve an allowance for an off- street parking ratio of approximately 1.7 parking spaces per dwelling unit versus the minimum required two parking spaces per dwelling unit. Councilmember Butler voted against the same and Councilmember Graves abstained. Motion passed. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to approve a wall signage allowance of up to 350-square feet on the south elevation of the existing 11-story apartment building Motion passed unanimously. Councilmember Ryan moved and Councilmember Butler seconded to approve an allowance of three additional dwelling units for future approval of a total of 143 units versus the existing 140 units. Councilmember Lawrence Anderson asked whether the number of additional dwelling units can be amended to be allowed only if there are no issues with parking at a ratio of 1.7 parking spaces. Mayor Willson stated that is not an issue as the allowance is 1.7 parking spaces no matter the number of units. Councilmember Lawrence-Anderson stated she wants to assure there is not a parking issue already and then units are added. Councilmember Ryan noted the motion references the need for future approval so that decision can be made at a future point. 07/09/18 13- Motion passed unanimously. Mayor Willson stated his appreciation to the applicant for taking on another large project and making an investment in the City. 10.COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items lOal through lOa2. lOal. 7131 HALIFAX AVENUE NORTH 10a2. RESOLUTION NO. 2018-138 APPROVING A TYPE IV RENTAL LICENSE FOR 5351 IRVING AVENUE NORTH Councilmember Ryan moved and Councilmember Graves seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 7131 Halifax Avenue North; and, adopt RESOLUTION NO. 2018-138 Approving a Type IV Rental License for 5351 Irving Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 11.COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: July 7, 2018: Pop Up Market July 9, 2018: Joint Work Session with the Planning Commission on the Comp Plan July 12, 2018: Association for Responsible Management July 9-11, 2018: Policy Management Meetings on Transportation July 19, 2018: Southeast Beilvue Park Neighborhood Meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: June 29, 2018: Dudley Classic July 7, 2018: Pop Up Market July 9, 2018: Joint Work Session with the Planning Commission on the Comp Plan 07/09/18 14- M E M O R A N D U M DATE: September 10, 2018 TO: Ginny McIntosh, Planning/Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Site Plan Review – Earle Brown Terrace Public Works Department staff reviewed the following documents submitted for review on August 18, 2018, for the proposed site plan improvements for the Unity Place: Civil Site Plans dated August 18, 2018 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit: C3 –Site Plan 1. Provide bike facilities, per the Plan Review Memo dated June 25, 2018. 2.Provide connections to existing side walk along Earle Brown Terrace, per the Plan Review Memo dated June 25, 2018 C4 – Grading, Drainage, and Erosion Control 3. Provide and list a SWPPP inspector/manager with contact information that must be available within 4-hrs notification to respond to and implement SWPPP related corrective measures. If the applicant is found to be non-responsive, the City may issue a stop work order and/or take other means necessary to correct SWPPP related issues. C6 – Detail Sheet 4. Use City details for curb within road, driveway entrances, and public storm water pipes and structures. L1.1 – Landscape Plan 5. Provide irrigation plan. Miscellaneous 6. See redlines for additional Site Plan comments. 7. Provide turning template for delivery vehicles and trash removal vehicles. 8. Upon project completion, the applicant must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. Exhibit D Earle Brown Terrace Site Plan Review Memo, Sept 10, 2018 Page 2 of 2 9. Inspection for the private site improvements must be performed by the developer’s design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer’s immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as- built drawings (which are separate from the as-built survey). 10. The total disturbed area doesn’t exceed one acre, therefore an NPDES permit is not required. In addition, the total disturbed area is less than 0.5 acres; so a project review on behalf on the Shingle Creek Watershed Commission is not required. The City requests the applicant attempt to install BMP’s to improve water quality, where possible and feasible. Per the Plan review memo dated June 25, 2018; “stormwater runoff shall be treated on-site, in rain gardens, swales and other water quality BMP’s and such improvements shall include pretreatment. Proposed runoff rates shall be equal to or below existing runoff rates.” 11. Applicant must apply for a land disturbance permit. Prior to issuance of a Land Alteration 12.Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended as required by the City Engi neer. 13.A letter of credit or a cash escrow in the amount of up to 125% of the estimated cost as determined by City staff shall be deposited with the City. 14. A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non- compliance provisions. A separate $2,500 deposit will be required as part of the non- compliance provision. Anticipated Permitting: 15. A City of Brooklyn Center land disturbance permit is required. 16. Other permits not listed may be required and is the responsibility of the developer to obtain and warranted. 17. Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 18. A preconstruction conference must be scheduled and held with City staff and other entities designated by the Cit y. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. COU N C IL ITEM MEMOR ANDUM DAT E:9/24/2018 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Nate R einhardt, F inance Director S UBJ EC T:R esolution Approving the P reliminary Tax C apac ity Levy for the G eneral F und and Debt S ervice F unds and a Market Value Tax Levy for the Housing and R edevelopment Authority for P roperty Taxes P ayable in 2019 and R esolution Adopting a P reliminary Budget for the 2019 F is cal Year Requested Council Action: - M otion to Approve a R esolution Approving the P reliminary Tax C apacity L evy for the G eneral F und and D ebt S ervice F unds and a M arket Value Tax L evy for the H ousing and R edevelopment Authority for P roperty Taxes P ayable in 2019 - M otion to Approve a R esolution Adopting a P reliminary B udget for the 2019 F iscal Year Background: It is recommended that the C ity C ounc il c onsider approval/adoption of two resolutions . T he firs t res olution es tablishes the preliminary property tax levy for the 2019 fisc al year. T his levy, upon adoption, bec omes the maximum levy allowed to the C ity for the 2019 fisc al year. T he sec ond res olution adopts the preliminary budgets for those funds us ing portions of the property tax levy for operations Each year the C ity is req uired b y S tate Law to es tablis h a maximum levy and preliminary b udget for the us e of that levy. O nc e ad o p ted, the C ity may no t inc reas e the levy but the levy may b e dec reas ed. C itizens will receive no tic e o f the maximum levy with their tax no tic e in the fall. O n Dec ember 3, 2018 the C ity C o uncil will hold a public hearing and adopt the final levy and the final spending plan (budget) for all funds. By C ity C harter the C ity Manager is respons ib le for presenting a b alanc ed budget to the C ity C ouncil. T he C ity C ounc il has adopted a s et o f fis cal polic ies that p ro vide guidance and parameters fo r the budget. Additionally, the C ity C ouncil has adopted s trategic priorities and the b udget reflec ts resources allo cated to the achievement of those s trategic priorities . O ver the las t few months the C ity C ounc il and F inancial C o mmis s io n have met to review and disc uss the propos ed p reliminary budget. Between now and December, ad d itional review will b e c o nducted as we es tablish final budgets for the G eneral F und and all other fund budgets. Budget Issues: T he maximum levy proposed in the attac hed res o lutio n for the C ity o f Brooklyn C enter is $18,427,116 whic h compares to $17,105,950 in 2018. T he proposed dollar increase is $1,321,166 which is equal to 7.72%. T he preliminary levy approved b y the Hous ing and R ed evelopment Authority (HR A) is $380,098 whic h compares to $345,978 in 2018. T he dollar inc reas e in the HR A levy is $34,120 which is equal to 9.86%. T his increase, if ad o p ted will have varying imp acts on ind ividual p ro p erties b as ed on their c hange in taxable value. T he following chart illus trates c hanges in taxab le values b etween the c las s ificatio ns of res idential, commerc ial, indus trial, and apartments : P reliminary Taxable Market Value E stimates C lass P ayable 2018 Estimated 2019 C hange (%) C ommerc ial $312,846,800 $322,351,800 3.0% Indus trial 133,666,600 141,148,500 5.6% R esidential 1,186,339,754 1,326,755,349 11.8% Apartment 235,949,040 274,022,304 16.6% O ther 469,000 478,000 1.9% Totals $1,869,271,194 $2,065,755,953 10.5% As illus trated by the chart, increases in market value continue to be driven by res idential and apartment property value increases. Mos t homestead res idential properties will s ee an inc reas e in taxable market value fo r the fifth cons ecutive year. S trategic Priorities and Values: Enhanc ed C ommunity Image, R es ident Ec onomic S tability, Inc lusive C ommunity Engagement, Targeted R edevelopment, S afe, S ec ure, S table C ommunity, Key Transportation Inves tments Ci t y o f B r o o k l y n C e n t e r Pa y 2 0 1 9 P r o p e r t y T a x L e v y Le v i e d L e v i e d L e v i e d P r o p o s e d $ C h a n g e % C h a n g e Pa y P a y P a y P a y 20 1 6 2 0 1 7 2 0 1 8 2 0 1 9 Ge n e r a l F u n d : G e n e r a l P r o p e r t y T a x L e v y 1 4 , 6 6 9 , 7 5 0 $ 1 5 , 2 8 5 , 9 4 6 $ 1 5 , 9 0 4 , 8 2 3 $ 1 6 , 9 6 8 , 9 9 7 $ 1 , 0 6 4 , 1 7 4 $ 6 . 2 2 % A b a t e m e n t L e v y - E m b a s s y S u i t e s 5 9 , 0 0 0 5 9 , 0 0 0 5 9 , 0 0 0 6 6 , 0 0 0 7 , 0 0 0 0 . 0 4 % De b t S e r v i c e : 2 0 1 8 A P u b l i c I m p r o v e m e n t B o n d L e v y - - - 2 4 6 , 9 5 3 2 4 6 , 9 5 3 1 . 4 4 % 2 0 1 7 A P u b l i c I m p r o v e m e n t B o n d L e v y - - 2 8 0 , 9 6 2 2 8 1 , 2 8 1 3 1 9 0 . 0 0 % 2 0 1 6 A P u b l i c I m p r o v e m e n t B o n d L e v y - 2 1 2 , 4 3 6 2 1 3 , 4 6 5 2 1 5 , 1 4 5 1 , 6 8 0 0 . 0 1 % 2 0 1 5 A P u b l i c I m p r o v e m e n t B o n d L e v y 2 4 2 , 8 0 3 2 4 6 , 0 7 1 2 5 0 , 9 6 1 2 5 2 , 2 8 7 1 , 3 2 6 0 . 0 1 % 2 0 1 3 B P u b l i c I m p r o v e m e n t B o n d L e v y 3 9 6 , 6 8 2 3 9 1 , 4 6 1 3 9 6 , 7 3 9 3 9 6 , 4 5 3 ( 2 8 6 ) ( 0 . 0 0 % ) To t a l C i t y L e v y 1 5 , 3 6 8 , 2 3 5 $ 1 6 , 1 9 4 , 9 1 4 $ 1 7 , 1 0 5 , 9 5 0 $ 1 8 , 4 2 7 , 1 1 6 $ 2 , 2 3 2 , 2 0 2 $ 7 . 7 2 % HR A L e v y 3 0 8 , 5 1 8 $ 3 2 9 , 0 7 9 $ 3 4 5 , 9 7 8 $ 3 8 0 , 0 9 8 $ 5 1 , 0 1 9 $ 9 . 8 6 % City of Brooklyn Center 2019 Budget - General Fund - Revenue Summary 2018 2016 2017 August 2018 2019 Actual Actual YTD Budget Budget Change 10100 GENERAL FUND PROPERTY TAXES 14,553,884$ 15,245,145$ 8,167,470$ 15,879,417$ 16,950,591$ 6.75% TAX INCREMENTS 414,970 315,137 121,522 360,000 250,000 -30.56% LODGING TAXES 1,159,519 1,206,565 716,421 1,100,000 1,180,000 7.27% TOTAL TAXES 16,128,373 16,766,847 9,005,413 17,339,417 18,380,591 6.00% LICENSES 295,318 292,751 193,312 288,375 298,565 3.53% PERMITS 636,733 612,034 470,213 488,250 562,750 15.26% TOTAL LICENSES & PERMITS 932,051 904,785 663,525 776,625 861,315 10.90% FEDERAL 620 2,246 - - - 0.00% STATE 1,352,613 1,396,225 957,579 1,497,819 1,533,150 2.36% COUNTY 3,014 16,680 1,410 - - 0.00% LOCAL 110,094 81,014 50,812 97,000 101,000 4.12% TOTAL INTERGOVERNMENTAL 1,466,341 1,496,165 1,009,801 1,594,819 1,634,150 2.47% GENERAL GOVERNMENT 139,470 118,834 72,446 110,000 86,650 -21.23% PUBLIC SAFETY 18,789 69,703 74,065 95,250 95,250 0.00% COMMUNITY DEVELOPMENT 5,785 24,535 23,271 46,000 34,000 -26.09% PARKS & RECREATION 224,771 248,052 161,600 267,300 250,000 -6.47% COMMUNITY CENTER 377,016 347,907 238,975 403,950 368,750 -8.71% TOTAL CHARGES FOR SERVICES 765,831 809,031 570,357 922,500 834,650 -9.52% SPECIAL ASSESSMENTS 122,988 109,352 21,832 100,000 85,000 -15.00% FINES & FORFEITURES 211,712 243,915 151,964 231,500 231,500 0.00% INVESTMENT EARNINGS 66,348 65,591 80,883 79,975 93,663 17.12% MISCELLANEOUS 298,154 142,702 54,202 151,200 145,700 -3.64% TRANSFERS IN 134,605 150,000 - 150,000 150,000 0.00% 10100 GENERAL FUND REVENUES 20,126,403$ 20,688,388$ 11,557,977$ 21,346,036$ 22,416,569$ 5.02% Object Code / Description City of Brooklyn Center 2019 Budget - General Fund - Expenditure Summary by Function 2018 2016 2017 August 2018 2019 Object Code / Description Actual Actual YTD Budget Budget Change 10100 GENERAL FUND 41110 MAYOR & COUNCIL 107,560$ 126,002$ 91,884$ 124,384$ 124,962$ 0.46% 41320 CITY MANAGER 312,189 462,355 231,519 359,807 367,314 2.09% 41410 ELECTIONS 108,324 88,182 70,008 134,520 94,353 -29.86% 41430 CITY CLERK 192,495 182,106 159,135 185,428 178,177 -3.91% 41520 FINANCE 584,600 586,955 398,687 617,724 627,282 1.55% 41550 ASSESSING 190,136 211,550 425 206,025 206,200 0.08% 41610 LEGAL 380,251 406,575 284,943 415,000 420,000 1.20% 41710 COMMUNICATION & ENGAGEMENT - - 84,654 205,850 259,993 26.30% 41810 HUMAN RESOURCES 430,235 355,927 250,079 417,107 422,748 1.35% 41920 INFORMATION TECHNOLOGY 507,685 555,408 364,497 622,680 655,252 5.23% 41940 GOVERNMENT BUILDINGS 805,736 839,166 620,534 866,117 906,105 4.62% GENERAL GOVERNMENT 3,619,211 3,814,226 2,556,365 4,154,642 4,262,386 2.59% 42110 ADMINISTRATION 296,559 326,885 234,700 353,861 344,454 -2.66% 42120 INVESTIGATION 917,947 947,520 709,982 965,995 1,025,196 6.13% 42123 PATROL 5,433,430 5,653,409 3,648,234 6,092,825 6,395,460 4.97% 42151 SUPPORT SERVICES 929,181 986,143 618,382 1,018,018 1,033,295 1.50% 42170 STATION & BUILDINGS 209,945 226,905 153,612 230,400 248,850 8.01% POLICE 7,787,062 8,140,862 5,364,910 8,661,099 9,047,255 4.46% 42210 FIRE 1,157,691 1,394,783 802,223 1,404,389 1,519,816 8.22% 42510 EMERGENCY PREPAREDNESS 80,669 2,878 2,452 11,940 8,700 -27.14% FIRE 1,238,360 1,397,661 804,675 1,416,329 1,528,516 7.92% 41910 PLANNING & ZONING 140,813 125,302 118,980 194,708 251,001 28.91% 42410 BUILDING INSPECTIONS 471,042 435,711 253 - - 0.00% 42411 CODE ENFORCEMENT 430,686 587,872 158 - - 0.00% 42420 BUILDING & COMMUNITY STANDARDS - - 653,925 1,021,953 1,136,506 11.21% 46320 COMMUNITY DEVELOPMENT ADMIN - - 128,722 194,847 209,653 7.60% COMMUNITY DEVELOPMENT 1,042,541 1,148,885 902,038 1,411,508 1,597,160 13.15% 43110 ENGINEERING 807,314 800,460 532,302 899,529 1,022,740 13.70% 43220 STREET MAINTENANCE 1,291,375 1,393,918 1,002,055 1,535,993 1,563,040 1.76% 43221 TRAFFIC CONTROL 230,971 236,002 151,481 267,175 227,968 -14.67% 45201 PARK FACILITIES 967,570 1,012,734 691,855 1,097,232 1,127,771 2.78% 45204 FORESTRY 96,426 101,027 64,798 114,390 117,570 2.78% PUBLIC WORKS 3,393,656 3,544,141 2,442,491 3,914,319 4,059,089 3.70% 45010 ADMINISTRATION 230,172 232,357 155,395 237,921 235,368 -1.07% 45110 REC ADMINISTRATION 504,845 511,888 332,409 519,918 535,221 2.94% 45111 ADULT PROGRAMS 161,560 162,324 95,417 167,038 182,098 9.02% 45112 TEEN PROGRAMS - - - 6,600 9,481 43.65% 45113 YOUTH PROGRAMS 80,226 103,431 88,681 98,389 128,905 31.02% 45119 GENERAL RECREATION 39,112 48,658 49,933 61,489 62,516 1.67% 45122 COMMUNITY CENTER 171,530 163,996 103,567 259,814 270,407 4.08% 45124 POOL 376,517 367,060 225,340 378,780 389,076 2.72% CARS 1,563,962 1,589,714 1,050,742 1,729,949 1,813,072 4.80% 44110 JOINT POWERS 136,349 143,103 95,630 187,000 187,000 0.00% 45310 CONVENTION & TOURISM 550,772 573,065 340,300 522,500 562,900 7.73% 48140 INSURANCE 258,850 226,648 117,318 234,219 246,592 5.28% 48150 CENTRAL SUPPLIES 268,969 278,938 173,720 347,625 400,753 15.28% 48160 VACANCY AND TURNOVER SAVINGS - - - (350,000) (350,000) 0.00% NON-DEPARTMENTAL 1,214,940 1,221,754 726,968 941,344 1,047,245 11.25% 48170 INTERFUND REIMBURSEMENT (205,838) (268,160) (493,796) (1,083,154) (1,148,154) 6.00% 48210 TRANSFERS OUT 202,536 185,000 - 200,000 210,000 5.00% TRANSFERS (3,302) (83,160) (493,796) (883,154) (938,154) 6.23% 10100 GENERAL FUND EXPENDITURES 19,856,430$ 20,774,083$ 13,354,393$ 21,346,036$ 22,416,569$ 5.02% Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2019 WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, Minnesota Statutes require that the preliminary property tax levy for property taxes payable in 2019 be provided to the Hennepin County Auditor no later than September 30, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that a tax is hereby levied on all taxable real and personal property within the City of Brooklyn Center for the purpose and sums as follows: General Fund - Tax Capacity Based General Tax Limited Levy $16,968,997 Abatement Levy 66,000 Subtotal for General Fund Levies $17,034,997 Debt Service – Tax Capacity Based Public Improvement Bond Levy $1,392,119 Total City Levy $18,427,116 Housing and Redevelopment Authority – Market Value Based HRA Tax Levy $380,098 September 24, 2018 ______________________________ Date Mayor ATTEST:_____________________________________ City Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A PRELIMINARY BUDGET FOR THE 2019 FISCAL YEAR WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, Minnesota Statutes require that a preliminary budget be adopted for funds using property tax revenues along with the adoption of the preliminary property tax levy; and WHEREAS, a preliminary property tax levy of $18,427,116 has been proposed for adoption the basis for the budget proposed herewith. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following amounts be adopted as the preliminary budget for property tax supported funds appropriated as follows: REVENUES: General Fund Property Taxes (net) $16,950,591 Excess Tax Increment 250,000 Sales Tax – Lodging Tax Gross Receipts 1,180,000 Licenses & Permits 861,315 Local Government Aid 891,785 Other Intergovernmental Revenues 742,365 General Government Service Charges 86,650 Recreation Fees and Charges 618,750 Public Safety Service Charges 95,250 Community Development 34,000 Fines & Forfeitures 231,500 Miscellaneous Revenues 239,363 Special Assessments 85,000 Other Financing Sources 150,000 Subtotal General Fund $22,416,569 Debt Service 2013B General Obligation Improvement Bond Levy $396,453 2015A General Obligation Improvement Bond Levy 252,287 2016A General Obligation Improvement Bond Levy 215,145 2017A General Obligation Improvement Bond Levy 281,281 2018A General Obligation Improvement Bond Levy 246,953 Subtotal Debt Service $1,392,119 Housing and Redevelopment Authority Property Tax Levy $380,098 TOTAL BUDGETED REVENUES $24,188,786 EXPENDITURE APPROPRIATIONS: General Fund General Government $3,356,281 General Government Buildings 906,105 Police 9,047,255 Fire & Emergency Preparedness 1,528,516 Community Development 1,597,160 Public Works 4,059,089 Community Activities, Recreation & Services 1,813,072 Convention and Tourism 562,900 Joint Powers 187,000 Insurance 246,592 Central Supplies 400,753 Vacancy & Turnover Savings (350,000) Reimbursements from Other Funds (1,148,154) Transfers to Other Funds 210,000 Subtotal General Fund $22,416,569 Debt Service 2013B General Obligation Improvement Bond Levy $396,453 2015A General Obligation Improvement Bond Levy 252,287 2016A General Obligation Improvement Bond Levy 215,145 2017A General Obligation Improvement Bond Levy 281,281 2018A General Obligation Improvement Bond Levy 246,953 Subtotal Debt Service $1,392,119 Housing & Redevelopment Authority Transfer to Economic Development Authority $380,098 TOAL BUDGETED APPROPRIATIONS $24,188,786 September 24, 2018 ______________________________ Date Mayor ATTEST:_____________________________________ City Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: whereupon said resolution was declared duly passed and adopted. Ci t y o f B r o o k l y n C e n t e r 20 1 9 P r e l i m i n a r y L e v y & B u d g e t Se p t e m b e r 2 4 , 2 0 1 8 Pr o p e r t y T a x L e v y 20 1 8 2 0 1 9 C h a n g e % I m p a c t Ge n e r a l L e v y $ 1 5 , 9 0 4 , 8 2 3 $ 1 6 , 9 6 8 , 9 9 7 $ 1 , 0 6 4 , 1 7 4 6 . 2 2 % Ab a t e m e n t L e v y – E m b a s s y S u i t e s 5 9 , 0 0 0 6 6 , 0 0 0 7 , 0 0 0 0 . 0 4 % De b t S e r v i c e L e v y – I m p r o v e m e n t s 1 , 1 4 2 , 1 2 7 1 , 3 9 2 , 1 1 9 2 4 9 , 9 9 2 1 . 4 5 % To t a l C i t y L e v y $ 1 7 , 1 0 5 , 9 5 0 $1 8 , 4 2 7 , 1 1 6 $1 , 3 2 1 , 1 6 6 7.72% HR A L e v y $ 3 4 5 , 9 7 8 $ 3 8 0 , 0 9 8 $ 3 4 , 1 2 0 9 . 8 6 % Ci t y o f B r o o k l y n C e n t e r 2 0 1 9 B u d g e t 2 No t e : A p r o p e r t y t a x l e v y i n c r e a s e/ d e c r e a s e o f 1 % i s a p p r o x i m a t el y $ 1 7 1 , 0 0 0 St a t e w i d e C o m p a r i s o n Ci t y o f B r o o k l y n C e n t e r 2 0 1 9 B u d g e t 3 Ci t y o f B r o o k l y n C e n t e r 2 0 1 9 B u d g e t 4 Bu d g e t O v e r v i e w – G e n e r a l F u n d Re v e n u e s De s c r i p t i o n 2 0 1 8 B u d g e t 2 0 1 9 B u d g e t C h a n g e Ta x e s $ 1 7 , 3 3 9 , 4 1 7 $ 1 8 , 3 8 0 , 5 9 1 $ 1 , 0 4 1 , 1 7 4 Li c e n s e s & P e r m i t s 7 7 6 , 6 2 5 8 6 1 , 3 1 5 8 4 , 6 9 0 In t e r g o v e r n m e n t a l R e v e n u e 1 , 5 9 4 , 8 1 9 1 , 6 3 4 , 1 5 0 3 9 , 3 3 1 Ch a r g e s f o r S e r v i c e s 9 2 2 , 5 0 0 8 3 4 , 6 5 0 (87,850) Fi n e s & F o r f e i t s 2 3 1 , 5 0 0 2 3 1 , 5 0 0 - Mi s c e l l a n e o u s R e v e n u e 3 3 1 , 1 7 5 3 2 4 , 3 6 3 (6,812) Ot h e r F i n a n c i n g S o u r c e s 1 5 0 , 0 0 0 15 0 , 0 0 0 0 To t a l G e n e r a l F u n d R e v e n u e s $ 2 1 , 3 4 6 , 0 3 6 $ 2 2 , 4 1 6 , 5 6 9 $ 1 , 0 7 0 , 5 3 3 Ge n e r a l F u n d R e v e n u e s b y S o u r c e 5 20 1 9 B u d g e t 20 1 8 B u d g e t Ci t y o f B r o o k l y n C e n t e r 2 0 1 9 B u d g e t 6 Ge n e r a l F u n d E x p e n s e s b y F u n c t i o n De s c r i p t i o n 2 0 1 8 B u d g e t 2 0 1 9 B u d g e t C h a n g e Ge n e r a l G o v e r n m e n t $ 4 , 1 5 4 , 6 4 2 $ 4 , 2 6 2 , 3 8 6 $ 1 0 7 , 7 4 4 Po l i c e 8 , 6 6 1 , 0 9 9 9 , 0 4 7 , 2 5 5 3 8 6 , 1 5 6 Fi r e & E m e r g e n c y M g m t . 1 , 4 1 6 , 3 2 9 1 , 5 2 8 , 5 1 6 112,187 Co m m u n i t y D e v e l o p m e n t 1 , 4 1 1 , 5 0 8 1 , 5 9 7 , 1 6 0 1 8 5 , 6 5 2 Pu b l i c W o r k s 3 , 9 1 4 , 3 1 9 4 , 0 5 9 , 0 8 9 1 4 4 , 7 7 0 CA R S 1 , 7 2 9 , 9 4 9 1 , 8 1 3 , 0 7 2 8 3 , 1 2 3 Jo i n t P o w e r s 1 8 7 , 0 0 0 1 8 7 , 0 0 0 - Ce n t r a l S u p p l i e s 3 4 7 , 6 2 5 4 0 0 , 7 5 3 5 3 , 1 2 8 Va c a n c y & T u r n o v e r S a v i n g s ( 3 5 0 , 0 0 0 ) ( 3 5 0 , 0 0 0 ) - Mi s c e l l a n e o u s ( 1 2 6 , 4 3 5 ) (1 2 8 , 6 6 2 ) (2,227) To t a l G e n e r a l F u n d E x p e n s e $ 2 1 , 3 4 6 , 0 3 6 $ 2 2 , 4 1 6 , 5 6 9 $ 1 , 0 7 0 , 5 3 3 Ge n e r a l F u n d E x p e n s e s b y F u n c t i o n 7 20 1 8 B u d g e t 20 1 9 B u d g e t Ci t y o f B r o o k l y n C e n t e r 2 0 1 9 B u d g e t 8 Ge n e r a l F u n d E x p e n s e s b y O b j e c t De s c r i p t i o n 2 0 1 8 B u d g e t 2 0 1 9 B u d g e t C h a n g e Wa g e s & B e n e f i t s $ 1 4 , 8 5 2 , 4 8 7 $ 1 5 , 7 7 9 , 1 4 4 $ 9 2 6 , 6 5 7 Su p p l i e s 7 0 3 , 7 3 3 7 3 4 , 6 1 5 30,882 Ch a r g e s & S e r v i c e s 6 , 6 7 2 , 9 7 0 6 , 7 9 3 , 0 1 4 1 2 0 , 0 4 4 Ca p i t a l O u t l a y - 4 7 , 9 5 0 47,950 Ad m i n . / E n g i n e e r i n g E x p . R e i m b u r s e m e n t s (1 , 0 8 3 , 1 5 4 ) ( 1 , 1 4 8 , 1 5 4 ) ( 6 5 , 0 0 0 ) Tr a n s f e r s O u t 20 0 , 0 0 0 21 0 , 0 0 0 10,000 To t a l G e n e r a l F u n d E x p e n s e $ 2 1 , 3 4 6 , 0 3 6 $ 2 2 , 4 1 6 , 5 6 9 $ 1 , 0 7 0 , 5 3 3 20 1 9 B u d g e t A d v a n c e m e n t s i n c l u d e : Th e c r e a t i o n o f a p a r t - t i m e c om m u n i t y e n g a g e m e n t s p e c i a l i s t a n d c o m m u n i t y e n g a g e m e n t li a i s o n s , a p a r t - t i m e h u m a n r e s ou r c e d e v e l o p m e n t s p e c i a l i s t , f u ll - t i m e e n g i n e e r i n g te c h n i c i a n , f u l l - t i m e b u i l d i n g i n s p e c t o r , l i v a b l e w a g e i n i t i a t i ve f o r l o w e s t e a r n i n g c i t y em p l o y e e s , a d d i t i o n a l l o w / n o c o s t y o u t h r e c r e a t i o n a l p r o g r a m m i n g, r e - w r i t e o f zo n i n g / o r d i n a n c e c o d e , a n d a d d i ti o n a l m a r k e t i n g c a m p a i g n s . Ta x a b l e M a r k e t V a l u e Ci t y o f B r o o k l y n C e n t e r 2 0 1 9 B u d g e t 9 Cl a s s P a y a b l e 2 0 1 8 E s t i m a t e d 2 0 1 9 C h a n g e Co m m e r c i a l $ 3 1 2 , 8 4 6 , 8 0 0 $ 3 2 2 , 3 5 1 , 8 0 0 3 . 0 % In d u s t r i a l 1 3 3 , 6 6 6 , 6 0 0 1 4 1 , 1 4 8 , 5 0 0 5 . 6 % Re s i d e n t i a l 1 , 1 8 6 , 3 3 9 , 7 5 4 1 , 3 2 6 , 7 5 5 , 3 4 9 1 1 . 8 % Ap a r t m e n t 2 3 5 , 9 4 9 , 0 4 0 2 7 5 , 0 2 2 , 3 0 4 1 6 . 6 % Ot h e r 4 6 9 , 0 0 0 47 8 , 0 0 0 1.9% To t a l s $ 1 , 8 6 9 , 2 7 1 , 1 9 4 $2 , 0 6 5 , 7 5 5 , 9 5 3 10.5% Ta x C a p a c i t y E s t i m a t e s Ci t y o f B r o o k l y n C e n t e r 2 0 1 9 B u d g e t 10 Me d i a n V a l u e H o m e Ci t y o f B r o o k l y n C e n t e r 2 0 1 9 B u d g e t 11 Ci t y P r o p e r t y T a x R a t e s Ci t y o f B r o o k l y n C e n t e r 2 0 1 9 B u d g e t 12 Pr o j e c t e d P r o p e r t y T a x I m p a c t s Ci t y o f B r o o k l y n C e n t e r 2 0 1 9 B u d g e t 13 No t e s : 1) T h e 2 0 1 9 M e d i a n R e s i d e n t i a l E s t i m a t e d M a r k e t V a l u e ( H o m e s t e a d ) i s $ 1 8 4 , 0 0 0 ( T a x a b l e M a r k e t V a l u e $ 1 6 3 , 3 2 0 ) . Th e 2 0 1 8 M e d i a n R e s i d e n t i a l E s t i m a t e d M a r k e t V a l u e ( H o m e s t e a d ) wa s $ 1 6 7 , 0 0 0 ( T a x a b l e M a r k e t V a l u e $ 1 4 4 , 7 9 0 ) 2) T h e s e a r e h y p o t h e t i c a l e x a m p l e s o f p r o p e r t y v a l u e s f o r M u l t i Fa m i l y ( 2 0 1 8 v a l u e o f $ 2 . 2 m i l l i o n ) , C o m m e r c i a l ( 2 0 1 8 va l u e o f $ 1 . 7 m i l l i o n ) & I n d u s t r i a l ( 2 0 1 8 v a l u e o f $ 1 . 9 m i l l i o n ). T h e v a l u e s o f t h e s e p r o p e r t i e s w e r e a s s u m e d t o b e ad j u s t e d f o r 2 0 1 9 b y t h e s a m e p r o p o r t i o n o f t o t a l e s t i m a t e d m a r ke t v a l u e o f t h a t p r o p e r t y c l a s s i f i c a t i o n . I f a p a r t i c u l a r pr o p e r t y h a s a d i f f e r e n t r a t e o f v a l u a t i o n c h a n g e f r o m t h e p r e v io u s y e a r o r a d d i t i o n a l v a l u e a d d e d , t h e s e v a l u e s w i l l b e di f f e r e n t . 3) T a x r a t e s a n d t a x e s i n c l u d e H R A a m o u n t s 20 1 8 2 0 1 9 Ta x a b l e T a x a b l e 2 0 1 8 2 0 1 8 2 0 1 9 2 0 1 9 Ma r k e t M a r k e t $ % T a x C i t y T a x C i t y $ % Cl a s s i f i c a t i o n * V a l u e V a l u e C h a n g e C h a n g e R a t e T a x e s R a t e T a x e s C h a n g e C h ange Si n g l e F a m i l y R e s i d e n t i a l 1 4 4 , 7 9 0 $ 1 6 3 , 3 2 0 $ 1 8 , 5 3 0 $ 1 2 . 8 0 % 6 8 . 4 0 1 9 9 0 $ 6 7 . 9 3 2 1 , 1 0 9 $ 1 1 9 $ 12.02% Mu l t i F a m i l y R e s i d e n t i a l 2 , 2 0 0 , 0 0 0 $ 2 , 5 6 4 , 3 2 1 $ 3 6 4 , 3 2 1 $ 1 6 . 5 6 % 6 8 . 4 0 1 1 8 , 8 1 0 $ 6 7 . 9 3 2 2 1 , 7 7 5 $ 2 , 9 6 5 $ 15.76% Co m m e r c i a l 1 , 7 0 0 , 0 0 0 $ 1 , 7 5 1 , 6 5 0 $ 5 1 , 6 5 0 $ 3 . 0 4 % 6 8 . 4 0 1 2 2 , 7 4 3 $ 6 7 . 9 3 2 2 3 , 2 8 9 $ 5 4 6 $ 2.40% In d u s t r i a l 1 , 9 0 0 , 0 0 0 $ 2 , 0 0 6 , 3 5 1 $ 1 0 6 , 3 5 1 $ 5 . 6 0 % 6 8 . 4 0 1 2 5 , 4 7 9 $ 6 7 . 9 3 2 2 6 , 7 4 9 $ 1 , 2 7 0 $ 4.99% Pr o p e r t y T a x C h a n g e s ( B a s e d o n 7 . 7 2 % L e v y I n c r e a s e & M a r k e t V a l ue C h a n g e s ) Ci t y o f B r o o k l y n C e n t e r 2 0 1 9 B u d g e t 14 Ne x t S t e p s Ci t y C o u n c i l t o c o n s i d e r r e s o l u t i o n s : 1. Ad o p t i o n o f a P r e l i m i n a r y P r o p e r t y T a x L e v y e s t a b l i s h i n g t h e m a ximum property ta x l e v y f o r 2 0 1 9 2. Ad o p t i o n o f a P r e l i m i n a r y O p e r a t i n g B u d g e t f o r f u n d s t h a t a r e f unded by pr o p e r t y t a x r e v e n u e s Fu t u r e d a t e s : – Oc t o b e r t h r o u g h N o v e m b e r : C i t y C o u n c i l a n d F i n a n c i a l C o m m i s s i o n joint study se s s i o n s t o r e v i e w s p e c i a l r e v e n u e , d e b t s e r v i c e , u t i l i t i e s , e n te r p r i s e a n d i n t e r n a l se r v i c e f u n d s – De c e m b e r 3 , 2 0 1 8 : P u b l i c h e a r i n g a n d a d o p t i o n o f f i n a l t a x l e v y and budget COU N C IL ITEM MEMOR ANDUM DAT E:9/24/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Meg Beekman, C ommunity Development Director F R O M:Xiong T hao, Housing & C ommunity S tandards S upervis or S UBJ EC T:R esolutions Approving Type I V 6-Month P rovisional R ental Licens es Requested Council Action: It is recommended that the C ity C ounc il approve resolutions approving Type I V - 6 Month R ental Lic enses for: 5715 Emerson Ave N 6740 G rimes P l 7131 Halifax Ave N 4200 Joyce Lane 7030 R egent Ave N Background: Budget Issues: T here are no budget is s ues to cons ider. S trategic Priorities and Values: S afe, S ecure, S table C ommunity COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust DATE: September 24, 2018 TO: Curt Boganey, 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 5715 Emerson Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan , Resolution and issuance of a Type IV 6-Month Provisional Rental License for 5715 Emerson Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan , it is recommended that the motion be to direct staff to prepare proposed findings for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on May 14, 2018, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on 7 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. 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. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Current rental license approval activities for license expires on 11/30/2018: 02-14-2018 The Owner, J and M Homes II, Inc., applied for renewal of the rental dwelling license for 5715 Emerson Ave N, a single family dwelling. 03-15-2018 An initial rental license inspection was conducted. Seven property code violations were cited, see attached rental criteria. 03-19-2018 A $300 Administrative Citation was issued for operating without a rental license. 04-17-2018 A second inspection was conducted and passed. 05-09-2018 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-09-2018 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-31-2018 The previous rental license expired. 08-01-2018 A $125 Administrative Citation was issued for failure to submit a Mitigation Plan. 08-15-2018 A Mitigation Plan was submitted. 09-04-2018 The Mitigation Plan was finalized. 09-19-2018 A letter was sent to the owner notifying that the hearing before the Council will be held September 24, 2018. Prior Type IV Rental License approval activities: 10-16-2017 The Owner, J and M Homes II, Inc., applied for renewal of the rental dwelling license for 5715 Emerson Ave N, a single family dwelling. 11-16-2017 An initial rental license inspection was conducted and failed. 13 property code violations were cited, see attached rental criteria. 11-30-2017 The previous rental license expired. 12-18-2017 A second rental inspection was conducted and passed with weather deferral. 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. 01-23-2017 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-19-2018 A $300 Administrative Citation was issued for operating without a rental license. 03-21-2018 A Mitigation Plan was submitted. 04-23-2018 The Mitigation Plan was finalized. 05-04-2018 A letter was sent to the owner notifying that the hearing before the Council will be held May 14, 2018. If approved, after six months, a new rental license is required. The license process will begin in immediately. The new license will be based on the property code violations found during the COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager’s designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant’s previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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 COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations . Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I – 3 Year 1-2 units 0-2 3+ units 0-0.75 Type II – 2 Year 1-2 units Greater than 2 but not more than 5 3+ units Greater than 0.75 but not more than 1.5 Type III – 1 Year 1-2 units Greater than 5 but not more than 9 3+ units Greater than 1.5 but not more than 3 Type IV – 6 Months 1-2 units Greater than 9 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are “Family or household members” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5715 Emerson Ave N Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5715 EMERSON AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5715 Emerson Avenue N, was issued a Type IV Rental License on May 14, 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 5715 Emerson Avenue N, Brooklyn Center failed to attend Owners/Managers Association Meetings and turn in monthly updates, and/or other requirements. 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 5715 Emerson Avenue N, Brooklyn Center, MN. September 24, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust DATE: September 24, 2018 TO: Curt Boganey, 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 7131 Halifax 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 7131 Halifax 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 single family property. The previous license was a Type IV Rental License issued on July 9, 2018, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on 8 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. 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. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Current rental license approval activities for license expires on 02/28/2019: 06-01-2018 The Owner, Joan Gudmundsen, applied for renewal of the rental dwelling license for 7131 Halifax Ave N, a single family dwelling. 07-12-2018 An initial rental license inspection was conducted. Eight property code violations were cited, see attached rental criteria. 08-10-2018 The property manager called to reschedule the rental license inspection. 08-14-2018 A second inspection was conducted and passed. 08-24-2018 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 08-24-2018 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. 08-29-2018 A Mitigation Plan was submitted. 08-31-2018 The previous rental license expired. 09-18-2018 The Mitigation Plan was finalized. 09-18-2018 A letter was sent to the owner notifying that the hearing before the Council will be held September 24, 2018. Prior Type IV Rental License approval activities: 01-30-2018 Property Manager called to re-schedule inspection. 02-07-2018 Property Manager called to re-schedule inspection. 12-01-2017 The Owner, Joan Gudmundsen, applied for renewal of the rental dwelling license for 7131 Halifax Ave N, a single family dwelling. 12-28-2017 An initial rental license inspection was conducted and failed. 6 property code violations were cited, see attached rental criteria. 02-12-2018 A second rental inspection was conducted and failed. 3 property code violations were cited. 02-20-2018 The $100 re-inspection fee was paid. 02-26-2018 A third rental inspection was conducted and failed. Old corrections made, 1 new property code violation was cited, see attached rental criteria. 02-28-2018 The previous rental license expired. 03-13-2018 A fourth rental inspection was conducted and failed. A $100 re-inspection fee was charged to the property. 03-16-2018 A fifth rental inspection was conducted and failed. All the corrections made, however, the $100 re-inspection fees remain due. 03-23-2018 The $100 re-inspection fee was paid. The rental inspection was 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. 05-24-2018 A $300 Administrative Citation was issued for renting without a license. 06-01-2018 A Mitigation Plan was submitted. 06-28-2018 The Mitigation Plan was finalized. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 07-02-2018 A letter was sent to the owner notifying that the hearing before the Council will be held July 9, 2018. If approved, after six months, a new rental license is required. The license process will begin in two months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 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. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 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. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I – 3 Year 1-2 units 0-2 3+ units 0-0.75 Type II – 2 Year 1-2 units Greater than 2 but not more than 5 3+ units Greater than 0.75 but not more than 1.5 Type III – 1 Year 1-2 units Greater than 5 but not more than 9 3+ units Greater than 1.5 but not more than 3 Type IV – 6 Months 1-2 units Greater than 9 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are “Family or household members” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 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 7131 Halifax Ave N Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 7131 HALIFAX AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 7131 Halifax Avenue N, was issued a Type IV Rental License on July 9, 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 7131 Halifax Avenue N, Brooklyn Center failed to attend Owners/Managers Association Meetings and turn in monthly updates, and/or other requirements. 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 7131 Halifax Avenue N, Brooklyn Center, MN. September 24, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust DATE: September 24, 2018 TO: Curt Boganey, 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 4200 Joyce Lane 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 4200 Joyce Lane. 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 property would qualify for a Type I Rental License based on one (1) property code violation found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to turn in monthly updates and attend ARM meetings. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Current rental license approval activities for license expires on 02/28/2019: 04-27-2018 The owner, Paul Yang, applied for renewal of the rental dwelling license for 4200 Joyce Lane, a single family dwelling. 06-19-2018 An initial rental license inspection was conducted. One property code violation was cited, see attached rental criteria. 07-23-2018 A second inspection was conducted and passed. 08-08-2018 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 08-08-2018 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. 08-24-2018 A Mitigation Plan was submitted. 09-05-2018 The Mitigation Plan was finalized. 09-24-2018 A letter was sent to the owner notifying that the hearing before the Council will be held September 18, 2016. Prior Type IV Rental License approval activities: 08-30-2017 The Owner, Paul Yang, applied for an initial rental dwelling license for 4200 Joyce La, a single family property. 09-13-2017 An initial rental license inspection was conducted. 14 property code violations were cited, see attached rental criteria. 10-13-2017 A second inspection was conducted and passed. 11-09-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-17-2017 A Mitigation Plan was submitted. 01-12-2018 A letter was sent to the owner notifying that the hearing before the Council will be held January 22, 2018. 01-16-2018 The Mitigation Plan was finalized. If approved, after five months, a new rental license is required. The license process will begin in two months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager’s designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant’s previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy – Adopted by City Council 03-08-10 1. Determining License Categories. 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. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations . Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I – 3 Year 1-2 units 0-2 3+ units 0-0.75 Type II – 2 Year 1-2 units Greater than 2 but not more than 5 3+ units Greater than 0.75 but not more than 1.5 Type III – 1 Year 1-2 units Greater than 6 but not more than 9 3+ units Greater than 1.5 but not more than 3 Type IV – 6 Months 1-2 units Greater than 9 3+ units Greater than 3 COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are “Family or household members” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0 .5 0 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 4200 Joyce Lane Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 4200 Joyce Lane WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 4200 Joyce Lane, was issued a Type IV Rental License on January 22, 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 4200 Joyce Lane, Brooklyn Center failed to attend Owners/Managers Association Meetings, turn in monthly updates, and/or other requirements. 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 4200 Joyce Lane, Brooklyn Center, MN. September 24,2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust DATE: September 24, 2018 TO: Curt Boganey, 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 7030 Regent Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan , Resolution and issuance of a Type IV 6-Month Provisional Rental License for 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 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 June 25, 2018, on condition of adherence to the Mitigation Plan and City Ordinances. The property qualifies for a Type IV Rental License based on twelve (12) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Further, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings and turn in monthly reports. 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. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust The following is a brief history of the license process actions. Current rental license approval activities for license that expires 02/28/2019: 05-23-2018 The owner, Douglas Allen Wahl, applied for renewal of the rental dwelling license for 7030 Regent Ave N, a single family dwelling. 06-27-2018 An initial rental license inspection was conducted. Twelve property code violations were cited, see attached rental criteria. 08-08-2018 A second rental inspection was conducted and passed. 08-24-2018 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. 08-30-2018 A Mitigation Plan was submitted. 08-31-2018 The previous Type IV Rental License expired. 09-07-2018 The Mitigation Plan was finalized. 09-18-2018 A letter was sent to the owner notifying that the hearing before the Council will be held September 24, 2018. Prior rental license approval activities for license that expires 08/31/2018: 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. 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 five months, a new rental license is required. The license process will begin in two months. The new license will be based on the property code violations found during the COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager’s designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant’s previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 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. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I – 3 Year 1-2 units 0-2 3+ units 0-0.75 Type II – 2 Year 1-2 units Greater than 3 but not more than 5 3+ units Greater than 0.75 but not more than 1.5 Type III – 1 Year 1-2 units Greater than 6 but not more than 9 3+ units Greater than 1.5 but not more than 3 Type IV – 6 Months 1-2 units Greater than 9 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are “Family or household members” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 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 7030 Regent Ave N Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 7030 REGENT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 7030 Regent Ave N, was issued a Type IV Rental License on June 25, 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 7030 Regent Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 7030 Regent Ave N, Brooklyn Center, MN. September 24, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust DATE: September 24, 2018 TO: Curt Boganey, 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 6740 Grimes Pl 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 6740 rime Pl. 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 8 building, 48-unit multi-family property. The previous license was a Type IV Rental License issued on February 26, 2018, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on 86 (1.8/unit) property code violations found during the initial rental inspection and five (5) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. Staff met with representatives from Gaughan Companies on September 13, 2018 to discuss the complaint brought to the open forum during the August 13, 2018 City Council meeting. During the meeting, the Gaughan Companies representatives stated they have already completed another COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust found of inspections to ensure that the property continues to meet city codes and address any additional concerns tenants had and wanted to submit a response with their Mitigation Plan to the complaint that was brought forward. Attach is the response from Gaughan Companies to the concerns expressed in the letter presented by ACER. Along with their response, they also submitted information that they provide to each tenant during the move in process. The following is a brief history of the license process actions. Current rental license approval activities for license expires on 11/31/2018: 02-16-2018 The Owner, Patrick J Gaughan, applied for renewal of the rental dwelling license for 6740 Grimes Pl, a 8 building, 48 unit multifamily property. 04-24-2018 An initial rental license inspection was conducted and failed. 85 property code violations were cited, see attached rental criteria. 05-29-2018 A second rental inspection was conducted and failed. A $250 reinspection fee was charged to the property. 05-31-2018 The previous rental license expired. 06-25-2018 A third inspection was conducted and failed. A $800 reinspection fee was charged to the property. Total owed for reinspection fees are $800. 07-20-2018 A fourth inspection was conducted and all code violations were made, however, the $800 reinspection fee is still owed. 07-23-2018 The $800 reinspection fee was paid. 08-08-2018 City records indicate 5 validated police nuisance incidents occurred in the past twelve months. 08-08-2018 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. 08-20-2018 A $300 Administrative Citation was issued for operating without a rental license. 08-20-2018 A Mitigation Plan was submitted. 08-24-2018 The Mitigation Plan was finalized. 09-04-2018 A letter was sent to the owner notifying that the hearing before the Council will be held September 10, 2018. Prior Type IV Rental License approval activities for license expired on 05/31/2018: 10-18-2017 The Owner, Patrick J Gaughan, applied for renewal of the rental dwelling license for 6740 Grimes Pl, a 8 building, 48 unit multifamily property. 10-18-2017 An initial rental license inspection was conducted and failed. 195 property code violations were cited, see attached rental criteria. 11-14-2017 The property manager, Chantelle McCurdy, called to reschedule the rental license follow up inspection citing that they were not able to complete all of the code violations. She was made aware of the rental license expiration date. 11-29-2017 A second rental inspection was conducted and failed. A $250 reinspection fee was charged to the property. 11-30-2017 The previous rental license expired. 12-14-2017 A third inspection was conducted and failed. A $50 reinspection fee was charged to the property. Total owed for reinspection fees are $300. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 12-18-2017 The $250 reinspection fee was paid. 01-02-2018 A fourth inspection was conducted and all code violations were made, however, the $50 reinspection fee is still owed. 01-16-2018 The $50 reinspection fee was paid and passed the rental license inspection 02-06-2018 City records indicate 3 validated police nuisance incidents occurred in the past twelve months. 02-06-2018 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-14-2018 A Mitigation Plan was submitted. 02-20-2018 The Mitigation Plan was finalized. 02-20-2018 A letter was sent to the owner notifying that the hearing before the Council will be held February 26, 2018. If approved, after six months, a new rental license is required. The license process will begin in one month. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for 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 COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant’s previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy – Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations . Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I – 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II – 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III – 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV – 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are “Family or household members” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Category Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 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 6740 Grimes Pl Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6740 GRIMES PL WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6740 Grimes Pl, was issued a Type IV Rental License on February 26, 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 6740 Grimes Pl, Brooklyn Center failed to attend Owners/Managers Association Meeting and turn in monthly updates, and/or other requirements. 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 6740 Grimes Pl, Brooklyn Center, MN. September 24, 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. Victoria Townhomes – 6740 Grimes Pl Addendum to Mitigation Plan submitted on August 20, 2018 Under Section A: Phase III – A.R.M Meeting Requirement Multi-family properties with four (4) or more units are required to: 1) conduct annual resident training and 2) conduct regular resident meetings. Requirement: A complaint was brought forward to the City Council on August 27, 2018 regarding tenant concerns at Victoria Townhomes. Since it is already a requirement that Management conduct regular resident meetings, the City is requiring a facilitated meeting with the owner of Gaughan Properties or a Senior staff member , tenants, ACER, HomeLine, and City staff to discuss the concerns that were brought forward. The city will have a neutral, third party to facilitate the meeting between all parties. This must be completed before the Type IV – 6 month provisional license expires on November 30, 2018. Housing and Redevelopment Authority City Hall Council Chambers S eptember 24, 2018 AGE NDA 1.Call to Order The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including HRA (Housing and Redevelopment 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 Housing and Redevelopment Authority (HRA) and will been acted by one motion. There will be no separate disc ussion of these items unless a Commissioner so requests, in whic h event the item will be removed from the consent agenda and considered at the end of Commission Consideration I tems. a.Approval of Minutes - It is recommended to approve the minutes. 4.Commission Consideration Items a.Resolution A dopting the Proposed Budget and E stablishing a Preliminary Property Tax L evy P ayable in 2019 for the Housing and Redevelopment Authority of B rooklyn Center, Minnesota and Resolution Approving the Preliminary B udget for the Housing and Redevelopment Authority of B rooklyn Center, Minnesota P ursuant to Minnesota Statutes Chapter 469 - Motion to Approve Resolution Adopting the Proposed Budget and Establishing a Preliminary Property Tax Levy Payable in 2019 for the Housing and Redevelopment Authority of Brooklyn Center, Minnesota 5.Adjournment HOUSING AND REDEVELOPMENT ITEM MEMORANDUM DATE:9/24/2018 TO:Curt Boganey, City Manager THROUGH:Reggie Edwards, Deputy City Manager FROM:Barb Suciu, City Clerk SUBJECT:Approval of Minutes Requested Council Action: - It is recommended to approve the minutes. Background: Strategic Priorities and Values: Operational Excellence 12/04/17 -1- MINUTES OF THE PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION DECEMBER 4, 2017 CITY HALL – COUNCIL CHAMBERS 1. CALL TO ORDER The Housing and Redevelopment Authority of Brooklyn Center (HRA) met in Special Session called to order by Chair Tim Willson at 7:42 p.m. 2. ROLL CALL Chair Tim Willson and Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were Executive Director Curt Boganey, Finance Director Nate Reinhardt, and Deputy City Clerk Rozlyn Tousignant. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Butler moved and Commissioner Graves seconded approval of the Agenda and Consent Agenda, and the following item was approved: Motion passed unanimously. 3a. APPROVAL OF MINUTES 1. September 25, 2017 – Special Session Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. FINAL MARKET VALUE LEVY AND BUDGET RESOLUTIONS 1. RESOLUTION ESTABLISHING A PROPERTY TAX LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICES AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469.033 FOR THE HOUSING AND REDEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA, FOR FISCAL YEAR 2018 12/04/17 -2- Commissioner Ryan moved and Commissioner Graves seconded to adopt RESOLUTION NO. 2017-03 Establishing a Property Tax Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Services and Relocation Assistance Pursuant to the Provisions of Minnesota Statutes Chapter 469.033 for the Housing and Redevelopment Authority of Brooklyn Center, Minnesota, for Fiscal Year 2018 Motion passed unanimously. 2. RESOLUTION APPROVING THE FINAL BUDGET FOR THE HOUSING AND REDEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA, PURSUANT TO MINNESOTA STATUTES CHAPTER 469 Commissioner Graves moved and Commissioner Ryan seconded to adopt RESOLUTION NO. 2016-04 Approving the Final Budget for the Housing and Redevelopment Authority of Brooklyn Center, Minnesota, Pursuant to Minnesota Statutes Chapter 469 Motion passed unanimously. 5. ADJOURNMENT Commissioner Graves moved and Commissioner Butler seconded to adjourn the Housing and Redevelopment Authority meeting at 7:47 p.m. Motion passed unanimously. HOUSING AND R ED EVELOPMENT ITEM M EM ORAN D U M DAT E:9/24/2018 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Nate R einhardt, F inance Director S UBJ EC T:R esolution Adopting the P roposed Budget and Establis hing a P reliminary P roperty Tax Levy P ayable in 2019 for the Housing and R edevelopment Authority of Brooklyn C enter, Minnes ota and R es olution Approving the P reliminary Budget for the Housing and R edevelopment Authority of Brooklyn C enter, Minnes ota P ursuant to Minnes ota S tatutes C hapter 469 Requested Council Action: ##R C A## Background: T he HR A p ro p erty tax is calc ulated by d etermining 0.0185% o f the taxable market value of the C ity. T his calc ulation is the maximum establis hed under Minnes ota S tatutes 469.033. F or 2019, the proposed levy of $380,098 is a $34,120 (9.86%) inc reas e o ver the 2018 amount. T he inc reas e is a res ult o f the increase in to tal taxable market value o f the C ity. All p ro c eeds from this property tax levy are trans ferred to the Economic Development Authority of the C ity of Brooklyn C enter. Budget Issues: T he proposed 2019 HR A levy will provid e funding for hous ing and ec o nomic activities within the C ity of Brooklyn C enter. S trategic Priorities and Values: R es ident Ec onomic S tability, Targeted R edevelopment Commissioner introduced the following resolution and moved its adoption: HRA RESOLUTION NO. RESOLUTION ADOPTING THE PROPOSED BUDGET AND ESTABLISHING A PRELIMINARY PROPERTY TAX LEVY PAYABLE IN 2019 FOR THE HOUSING AND REDEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA WHEREAS, the Housing and Redevelopment Authority of Brooklyn Center, Minnesota pursuant to the provisions of Minnesota Statutes Chapter 469.033 has the power to levy and collect taxes WHEREAS, Minnesota Statutes require that the preliminary property tax levy be provided to the Hennepin County Auditor no later than September 30, 2018 for taxes payable in calendar year 2019; and NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority of Brooklyn Center, Minnesota that a special tax is hereby levied on all taxable real and personal property within the City of Brooklyn Center at the rate of 0.0185% of the total market value of real and personal property situated within the corporate limits of the City of Brooklyn Center that is not exempted by law. BE IT FURTHER RESOLVED that the property tax levied under this resolution be used for the operations and activities of the Housing and Redevelopment Authority of Brooklyn Center, Minnesota pursuant to Minnesota Statutes Chapter 469.001 to 469.047. September 24, 2018 Date Chair The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Commissioner introduced the following resolution and moved its adoption: HRA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY BUDGET FOR THE HOUSING AND REDEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA PURSUANT TO MINNESOTA STATUTES CHAPTER 469 WHEREAS, the Housing and Redevelopment Authority of Brooklyn Center, Minnesota has considered the preliminary budget for Fiscal Year 2019. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority of Brooklyn Center, Minnesota that revenues and appropriations for the Housing and Redevelopment Authority are hereby adopted as follows: Housing and Redevelopment Authority Revenues Property Taxes $ 380,098 Total Housing and Redevelopment Authority $ 380,098 Appropriations Transfer to EDA Fund $ 380,098 Total Housing and Redevelopment Authority $ 380,098 September 24, 2018 Date Chair The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council/E D A Work S ession City Hall Council Chambers S eptember 24, 2018 AGE NDA The City C ounc il requests that attendees turn off cell phones and pagers during the meeting. A copy of the full C ity Council pac ket is available to the public. The packet ring binder is located at the podium. AC T I V E D I S C US S IO N I T E M S 1.City of Brooklyn Center T-21 I ssue Response 2.Art Contest J udging P E ND I NG L I S T F O R F UT URE WO RK S E S S IO NS 1.F uture Ongoing I tems Cities United Membership A D A Transition Plan L iquor/P ublic Dance Ordinance - October L ivable Wages Semi Truck Parking Ordinance Transient Accommodations - October East Brook Estates - October 8 MEMOR ANDUM - C OUNCIL WOR K SESSION DAT E:9/24/2018 TO :C urt Boganey, C ity Manager F R O M:R eggie Edwards, Deputy C ity Manager S UBJ EC T:C ity of Brooklyn C enter T-21 Is s ue R es ponse Recommendation: It is rec o mmended that the C ity C ounc il c o ns ider provid ing d irectio n to staff regarding amendment of C ity O rdinanc e # _____, C hapter 23, Tobacc o and Tobacc o R elated P roducts . Background: In 2017, the C ounc il ad o p t a new s trategic plan and p rio rities for the years 2018 - 2020. Two related strategic priorities ad o p ted b y the C ouncil were “S afe, S ec ure, S table C o mmunity” and “R es id ent Economic S tability.” T he deliberatio n of the is s ue o f “the use of tobac co by youth” is a health, s afety and economic is s ue. O n Mo nday, May 10, 2018, the Bro o klyn Youth C ounc il and the Hennepin C ounty P ub lic Health Department pres ented the C ity C o uncil with a rep o rt and rec o mmendatio ns regarding the is s ue o f T-21 tobac co in Brooklyn C enter. O n Mo nday, Augus t 27, 2018, the C ity C ounc il heard a pres entatio n from s taff regarding possible o p tions to addres s the is s ue regarding the use of tobacc o by youth in the C ity of Brooklyn C enter. S taff presented the options lis ted b elo w, for whic h C ounc il s ubsequently p ro vided direc tion fo r each option. T he options pres ented and direc tion of each individual option are as follows: O ptions in R es ponse to Brooklyn Youth C ouncil: 1. R es tric t the sales of flavored tobacc o products to tobacc o shops that restrict minors Council’s direction – No c ons ens us , but cons ensus o f res tric ting the s ale o f all electro nic c igarettes and vaping produc ts to adult tobacc o shops 2. Increase the c os t of tobacc o products Council's direction – No c onsens us 3. R es tric t the p ro ximity of new tobac co retailers to within 1,00 ft. of sc hools, parks community c enters , and libraries Council’s direction – No c onsens us 4. R educ e the number of tobac co retailers to 15 retail stores Council's direction - C onsens us 5. R ais e the minimum legal sales age to 21 Council's direction - C ons ensus 6. Increase tobac co retail compliance requirements and penalties for violation Council's direction - No c onsens us on additio nal c o mp lianc e checks , but cons ensus o n retail training o f staff, and inc reas e ap p lic atio n and penalty fees Additional O ptions developed by staff: A. P artner with the s cho o ls in Bro o klyn C enter, Hennep in C o unty, and the Brooklyn Youth C o uncil to develop and fund a p ro gram to address peer p res s ure and s t r e s s Council’s direction – C o nsens us, bring bac k with detail plan prior to funding a program B. Es tablish c ontinued c ity/loc al researc h and benc hmarking of for behavior trends and c hanges of behavior of the use of to b acc o b y yo uth in Brooklyn C enter Council’s direction – C onsens us, with the caveat that s taff b ring bac k with d etail p lan p rio r to funding a program C . P artner with other cities to s eek s tatewide legislatio n to rais e the age limit of the sale o f to b ac c o related produc ts from 18 to 21 years o f age Council’s direction - C onsens us Based upon the d irectio n s et fo rth b y the C ounc il s taff drafted an amendment C ity O rd inance # _____, C hapter 23, To b acc o and To b acc o R elated P roducts , whic h is attached. T he C ounc il will also find an attached mo d ified time s ched ule that o utlines the p ro cess and when the amend ed O rdinanc e would go in affect, pending C ouncil approval. Policy Issues: Is there a cons ensus among the C ounc il with regard to the recap of C ounc il’s previous deliberation, the direction and intent outlined in the draft amended ordinance C ity O rdinance # _____, C hapter 23, Tobac co and Tobac co R elated P roduc ts, and with the s chedule outlined for amending the s aid ordinanc e. S trategic Priorities and Values: S afe, S ecure, S table C ommunity ROUGH DRAFT 9-0517-18 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the ____ day of __________, 2018, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to tobacco and tobacco related devices. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO. __________ AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES REGARDING TOBACCO AND TOBACCO RELATED PRODUCTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I.Legislative Findings. The City Council of the City of Brooklyn Center hereby finds as follows: 1.The City of Brooklyn Center (“City”) recognizes that tobacco use has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance is intended to regulate the sale of tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and furthering existing laws, and to protect minors and young adults against the serious effects associated with use and initiation. 2.The City also recognizes that the use of tobacco products has devastating health and economic consequences. Tobacco use is the foremost preventable cause of premature death in America. It causes half a million deaths annually and has been responsible for 20.8 million premature deaths in the U.S. over the past 50 years since the first Surgeon General’s report on smoking in 1964. This leads to more than $300 billion in health care and lost worker productivity costs each year. In Minnesota, smoking was responsible for $3.19 billion in excess medical expenditures and the deaths of 6,312 individuals in 2014. 3.The City further recognizes that young people are particularly susceptible to the addictive properties of tobacco products, and are particularly likely to become lifelong users. An estimated 5.6 million youth aged 0 to 17 are projected to die prematurely from a tobacco-related illness if prevalence rates do not change. National data show that about 95 percent of adult smokers begin smoking before they turn 21. The ages of 18 to 21 are a critical period when many smokers move from experimental smoking to regular, daily use. Electronic delivery device use among minors has recently tripled and is shown to be on the rise among youth. Young minds are particularly susceptible to the addictive 1 535540v23 BDL BR291-4 ROUGH DRAFT 9-0517-18 properties of nicotine. As a result, approximately 3 out of 4 teen smokers end up smoking into adulthood. 4.In 2015, the Institute of Medicine concluded that raising the minimum legal sales age for tobacco products nationwide will reduce tobacco initiation, particularly among adolescents aged 15 to 17, improve health across the lifespan, and save lives; and that raising the minimum legal sales age for tobacco products nationwide to 21 would, over time, lead to a 12 percent decrease in smoking prevalence. The Institute of Medicine also predicts that raising the minimum legal sales age for tobacco products nationwide to 21 would result in 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer, and 4.2 million fewer years of life lost for those born between 2000 and 2019, and would result in near immediate reductions in preterm birth, low birth weight, and sudden infant death syndrome. 5.Cigar and pipe smokers are more than twice as likely to have decreased lung function compared to non-smokers. Cigar and pipe smokers who also smoke cigarettes may triple their risk of decreased lung function. 6.Scientific evidence on the toxicity of secondhand tobacco smoke is both overwhelming and indisputable. The complex mixture of gases and particles that make up secondhand smoke (also known as environmental tobacco smoke) contains at least 250 chemicals known to be lethal, including more than 50 that can cause cancer. Medical authorities from around the world have concluded that secondhand smoke exposure causes heart disease, stroke, respiratory disease and lung cancer, has immediate adverse effects on the cardiovascular system, and causes sudden infant death syn drome, acute respiratory infections, ear infections, and asthma attacks in children. 7.Tobacco industry documents and marketing and public health research reveal that tobacco companies have used fruit, candy, and alcohol flavors as a way to target youth and young adults. The presence of flavors such as menthol in tobacco products can make it more difficult for youth, young adults, and adult tobacco users to quit. 8.In making these findings, the City Council accepts the conclusions and recommendations of the U.S. Surgeon General reports,“E-cigarette Use Among Youth and Young Adults” (2016),“The Health Consequences of Smoking—50 Years of Progress” (2014) and “Preventing Tobacco Use Among Youth and Young Adults” (2012); a BlueCross BlueShield of Minnesota report,“Health Care Costs and Smoking in Minnesota: The Bottom Line” (2017); the Institute of Medicine in their study,“Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products” (2015); the Centers for Disease Control and Prevention in their studies,“Tobacco Use Among Middle and High School Students—United States, 2011– 2015,” and “Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997”; and of the following scholars in these scientific journals: Xin Xu et al., Annual Healthcare Spending Attributable to Cigarette Smoking: An Update, Am. J. Prev. Med. 48(3): 326-33 (Mar. 2015); Giovino GA,“Epidemiology of Tobacco Use in the United States,” Oncogene (2002) 21, 7326-40; Khuder SA, et al.,“Age at 2 535540v23 BDL BR291-4 ROUGH DRAFT 9-0517-18 Smoking Onset and its Effect on Smoking Cessation,” Addictive Behavior 24(5):673-7, September-October 1999; D’Avanzo B, et al.,“Age at Starting Smoking and Number of Cigarettes Smoked,” Annals of Epidemiology 4(6):455-59, November 1994; Chen, J & Millar, WJ,“Age of Smoking Initiation: Implications for Quitting,” Health Reports 9(4):39-46, Spring 1998; Everett SA, et al.,“Initiation of Cigarette Smoking and Subsequent Smoking Behavior Among U.S. High School Students,” Preventive Medicine, 29(5):327-33, November 1999; and Rodriguez J, Jiang R, Johnson WC, MacKenzie BA, Smith LJ, Barr RG; The Association of Pipe and Cigar Use With Cotinine Levels, Lung Function, and Airflow Obstruction: A Cross-sectional Study; Ann Intern Med. 2010;152:201–210 copies of which are adopted by reference. 9.The City determines that taking action to protect youth and to limit access to tobacco is an important public health issue and it was the first city in the state of Minnesota to set a minimum price for cigars as to curb the appeal of these products to youth and reduce the number of youth who initiate tobacco use. 10.The City’s action paved the way for five more Minnesota communities, including Minneapolis and St. Paul, to set a minimum price for cigars with the shared goal of yo uth tobacco prevention. 11.The City determines that e-delivery products and e-liquids are particularly attractive to yo uth and that steps are needed to limit youth exposure and access to such products. 12.The City values youth and seeks their input in order to positively raise awareness and seek solutions to problems facing youth, such as tobacco industry targeting and youth tobacco use. 13.The City’s mission is to ensure an attractive, clean, safe, and inclusive community that enhances the quality of life for all people, and preventing youth tobacco use helps achieve these goals. 14.Sections 23-101 through 23-108 and the amendments contained herein are intended to regulate the sale of tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and furthering existing laws, to protect youth and young adults against the serious effects associated with use and initiation, and to further the official public policy of the state in regard to preventing yo ung people from starting to smoke as stated in Minnesota Statutes, section 144.391. Article II. Brooklyn Center City Code, Section 23-101 is hereby amended as follows: Section 23-101. LICENSE REQUIRED. No person shall directly or indirectly, or by means of any device, keep for retail sale, sell at retail, or otherwise dispense any tobacco related covered product at any place in the city of Brooklyn Center unless a license therefor shall first have been obtained as provided in Sections 23-101 through 23-108. 3 535540v23 BDL BR291-4 ROUGH DRAFT 9-0517-18 Article III. Brooklyn Center City Code, Section 23-102 setting out definitions is hereby amended as follows, including the and by renumbering of the paragraphsprovisions in this Section as needed: Section 23-102. DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of Sections 23-101 through 23-108, the following definitions shall apply unless the context clearly indicates or requires a different meaning: 2.“Compliance checks”means the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices covered products are following and complying with the requirements of Sections 23-101 through 23-108. Compliance checks shall involve the use of minors persons under the age of 21 as authorized by Sections 23-101 through 23-108. Compliance checks shall also mean the use of minors persons under the age of 21 who attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices covered products for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices covered products. 3.“Covered products” means any tobacco, tobacco-related device, electronic delivery device, e-liquid, or nicotine or lobelia delivery product as those terms are defined in this section. 3.4.“Electronic delivery device”shall mean a an electronic product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person that is designed to use, or that uses, e-liquid to simulate smoking in the delivery of nicotine or any other substance through inhalation of the aerosol or vapor produced from the product substance. Electronic delivery devices shall include any component part of such a product whether or not sold separately. Electronic delivery devices shall not include any product that had has been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose. .“E-liquid” means any liquid intended for human consumption through an electronic delivery device used to simulate smoking in the delivery of nicotine, lobelia, or a product containing the taste or smell related to chocolate, cocoa, mint, menthol, wintergreen, vanilla, honey, fruit, or any candy, dessert, alcoholic beverage, herb, or spice through inhalation of the 4 535540v23 BDL BR291-4 ROUGH DRAFT 9-0517-18 aerosol or vapor produced from the liquid.E-liquid shall not include any product that has been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose. 7.“Minor” means any natural person who has not yet reached the age of 18 years. __.“Nicotine or lobelia delivery product” means any product containing or delivering nicotine, including any syn thetic variation thereof, or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined in this section. Nicotine or lobelia delivery product does not include any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation or for other medical purposes, and is being marketed and sold solely for that approved purpose. 9__.“Retail establishment”means any place of business where tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices covered products are available for sale to the general public. The phrase term shall include, but is not be limited to, grocery stores, convenience stores, restaurants, and drug stores. 11__.“Self-service merchandising”means open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices covered products in any manner where any person shall have access to the tobacco,tobacco products,tobacco-related devices, or nicotine or lobelia delivery devices,covered products without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco-related device,or nicotine or lobelia delivery device covered product between the customer and the licensee or employee.Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the covered product between the clerk and the customer. 14.__.“Tobacco-related devices”means and includes any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner that enables the chewing, sniffing or smoking of tobacco or tobacco products including electronic delivery devices.Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately. 15__.“Vending machine”means any mechanical, electric or electronic, or other type of device that dispenses tobacco,tobacco products or tobacco-related devices upon the insertion of money,tokens or other form of payment 5 535540v23 BDL BR291-4 ROUGH DRAFT 9-0517-18 directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-related device covered product. Article IV. Brooklyn Center City Code, Section 23-103 is hereby amended as follows: Section 23-103. LICENSE REQUIRED. 1.Generally.No person may directly or indirectly or by means of any device keep for retail sale, sell at retail,offer to sell or otherwise dispose of any tobacco,tobacco products,tobacco-related devices, or electronic delivery device covered product at any place in the cCity unless a license has first been issued by the City as provided in this Section. 2.Application.An application for a license to sell tobacco, tobacco products, tobacco-related devices, and electronic delivery devices covered products shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses,and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. 3.Action.Upon receipt of a completed application, the City Clerk shall forward the application to the police department for investigation. The police department shall conduct an investigation of the applicant and application regarding the fitness of the applicant to hold a license pursuant to the standards set forth in Sections 23-101 through 23-108, and report the results of its investigation to the City Clerk within 30 days of receipt of the application. The City Clerk shall forward the application for consideration by the City Council. 4.Fees.No application for a license under Sections 23-101 through 23-108 shall be accepted until the appropriate license or investigation fee is paid in full. The fee(s) shall be established by the City Council by resolution from time to time. 5.Sanctions for violation.Sanctions for violating a provision of Sections 23-101 through 23-108 Sshall be set by the City Council at the penalty phase and shall not to be less than state mandated guidelines. 6.Transfers.All licenses issued under Sections 23-101 through 23-108 shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. 7.Moveable place of business.No license shall be issued to a moveable place of business. Only fixed-location businesses shall be eligible to be licensed under Sections 23-101 through 23-108. 6 535540v23 BDL BR291-4 ROUGH DRAFT 9-0517-18 8.Display.All licenses shall be posted and displayed in plain view of the general public on the licensed premises. 9.Term and Rrenewals.Every such license shall expire on December 31 next after its issuance. A fee for the renewal of any license issued under Sections 23-101 through 23-108 shall be paid to the City Clerk with the renewal application. Applications for renewal must be submitted by November 30 of the year prior to the license year. 10.Issuance is a privilege and not a right.The issuance of a license is a privilege and does not entitle the holder to an automatic renewal of the license. 11.Maximum number of licenses. The maximum number of licenses issued by the City in any year is limited to 15, except that any licensee holding a valid license as of SeptemberOctober 1, 2018 is permitted to retain and renew said license. If the maximum number of licenses has already been issued, a licensee that allows its license to expire or has its license revoked shall not be eligible for a new license. Persons desiring to apply for a license may be placed on a waiting list and be eligible to apply on a first-come, first-serve basis as existing licenses are not renewed or are revokedonce the number of issued licenses falls below the maximum number allowed. Notwithstanding the maximum number of allowed licenses, an applicant who purchases a business location holding a current license shall be allowed to apply for and obtain, if eligible, a new license for the business location provided it is obtained within the same license year as the current license. 12.Instructional Program. All licensees shall ensure that all employees engaged with customers at the point of sale go through a training program on the legal requirements relating to the sale of covered products and the possible consequences for violations. Any training program must be pre-approved by the City. Licensees must maintain and provide to the City documentation demonstrating compliance at the time of renewal, or whenever requested during the license term. Article V. Brooklyn Center City Code, Section 23-104 is hereby amended as follows: Section 23-104. RESTRICTIONS. The following shall be grounds for denying the issuance of or renewal of a1. license under Sections 23-101 through 23-108. a.The applicant has been convicted within the past five years of any violation of a federal,state,or local law,ordinance provision, or other regulation relating to tobacco products,or tobacco-related devices covered products,or has had a license to sell tobacco 7 535540v23 BDL BR291-4 ROUGH DRAFT 9-0517-18 products or tobacco-related covered products revoked or suspended within the past five years. b.The applicant fails to provide any information required on the application,or provides false or misleading information. No license may be issued or renewed:2. To any applicant who is under 18 21 years of age.a. To any applicant who is prohibited by federal, state, or other localb. law, ordinance,or regulation from holding such a license. To any applicant who has fees or charges to the City or the Countyc. that are due and unpaid. d.For any premises for which property taxes or City utility charges are due and unpaid. Article VI. Brooklyn Center City Code, Section 23-105 is hereby amended as follows: Section 23-105. PROHIBITED SALES. 1.It shall be a violation of Sections 23-101 through 23-108 for any person to sell or offer to sell any tobacco,tobacco product, or tobacco-related device covered product: a.To a minor; ba.By a means of any type of vending machine; cb.By self-service displays; dc.AsBy means of loosies; ed.If the tobacco or tobacco products contain Containing opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana, or other delirious deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process;or fe.To any other person,in any other manner or form prohibited by federal or state law or regulation, or by local ordinance. 2.No person shall sell any covered product to any person under the age of 21. 8 535540v23 BDL BR291-4 ROUGH DRAFT 9-0517-18 a.Age verification. Licensees must verify by means of government-issued photographic identification that the purchaser of the covered product is at least 21 years of age.Verification is not required for a person over the age of 30.That the person appeared to be 30 years of age or olderold enough to lawfully purchase a covered product does not constitute a defense to a violation of this Section. b.Signage. Notice of the legal sales age and age verification requirement must be posted at each location where covered products are offered for sale. The required signage, which will be provided to the licensee by the City, must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase of covered products. 3.No person shall sell or offer for sale any electronic delivery device or e-liquid to any person unless the sale is on the premises of a retail establishment that: a.Prohibits persons under the age of 21 from entering at all times; and b.Derives at least 90 percent of its revenues from the sale of covered products. Any retail establishment that sells electronic delivery devices or e-liquids must provide to the City upon request financial records that document annual sales. 4.It shall be a violation of Sections 23-101 through 23-108 for any retail establishment to sell, offer for sale, or distribute a single cigar unless the cigar is sold in an original package of at least five cigars, provided that: a.This restriction shall not apply to any sale, offer to sell, or distribution of a single cigar that has a retail sales price of no less than $2.10 before sales tax. b.Cigars to which price promotions or discounts apply shall not be excluded from this restriction. Article VII. Brooklyn Center City Code, Section 23-106 is hereby amended as follows: Section 23-106. SMOKING PROHIBITED. Smoking shall not be permitted in, and no person shall smoke in, any licensed premises.Smoking in any licensed premises for the purpose of sampling a covered product is prohibited under this Section. Article VIII. Brooklyn Center City Code, Section 23-107 is hereby amended as follows: Section 23-107. COMPLIANCE CHECKS AND INSPECTIONS. All licensed 9 535540v23 BDL BR291-4 ROUGH DRAFT 9-0517-18 premises shall be open to inspection by the City police or other authorized City official during regular business hours. From time to time, but at least once twice per year, the City shall conduct compliance checks by engaging with the written consent of their parents or guardians, minors persons over the age of 15 years but less than 18 21 years to enter the licensed premise to attempt to purchase tobacco, tobacco products or tobacco-related devices covered products.Minors Persons under the age of 21 used for the purpose of compliance checks shall be supervised by City designated law enforcement officers or other designated City personnel.Minors used for compliance checks shall not be guilty of unlawful possession of tobacco,tobacco products or tobacco-related devices when those items are obtained as a part of the compliance check. No minor person used in compliance checks shall attempt to use a false identification misrepresenting the minor's person’s age, and all minors persons lawfully engaged in a compliance check shall answer all questions about the minor's person’s age asked by the licensee or his or her employee and shall produce any identification,if any exists, for which he or she the person is asked. Article IX. Brooklyn Center City Code, Section 23-108 is hereby amended as follows: Section 23-108. VIOLATION AND PENALTY. 1.Licensees responsible. All licensees are responsible for the actions of their employees in regard to the sale of covered products on the licensed premises and the sale of a covered itemproduct by an employee shall be considered a sale by the licensee for the purposes of constituting a license violation under this Section. 12.Misdemeanor prosecution.Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of Sections 23-101 through 23-108. 23.Administrative penalties. a).Licensees.Administrative Penalties: Licensees. If a licensee or employee of a licensee sells tobacco covered products to a person under the age of 18 21 years, or violates any other provision of Sections 23-101 through 23-108, the licensee shall be charged an administrative penalty of $100 $200.An administrative penalty of $200 $500 shall be imposed for a second violation at the same location within 24 months after the initial violation. For a third or subsequent violation at the same location within 24 months after the initial violation, an administrative penalty of $250 $750 shall be imposed, and the licensee’s authority to sell tobacco products at that location shall be suspended for not less than seven days 30 days.Upon a fourth violation, the license will be revoked. 10 535540v23 BDL BR291-4 ROUGH DRAFT 9-0517-18 b).Other individuals.Other individuals, other than minors regulated by Sections 23-101 through 23-108, found to be in violation of Sections 23-101 through 23-108 shall be charged an administrative fine of $50.00. c)Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, shall be subject to an administrative fine, or may be subject to tobacco-related education classes, diversion programs, community services, or another penalty that the City believes will be appropriate and effective. The administrative fine or other penalty shall be established by City Council ordinance upon the City Council's consultation with interested parties of the courts, educators, parents and children to determine an appropriate penalty for minors in the city. This administrative fine or other penalty may also be established from time to time by the ordinance or resolution establishing fees and charges, as it may be amended from time to time. d)c.Statutory penalties.If the administrative penalties authorized to be imposed by Minnesota Statutes, Section 461.12, as it may be amended from time to time, differ from those established in this Section, then the more severe penalty shall prevail. 4.3.License revocation, suspension, or non-renewal.In addition to misdemeanor prosecution and administrative penalties, violation of Section 23-101 through 23-108 is grounds for revocation or suspension under Section 23-006 or nonrenewal under Section 23-104. Article X.Brooklyn Center City Code, Chapter 23 is hereby amended by adding a new Section 23-014 as follows: Section 23-014. SEVERABILITY. If any Section or provision of the Chapter is held to be invalid by a court of competent jurisdiction, such invalidity willshall not affect any other Section or provision that can be given force and effect without the invalidated Section or provision. Article XI.This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of __ , 2018. __________________________________ Mayor 11 535540v23 BDL BR291-4 ROUGH DRAFT 9-0517-18 ATTEST:___________________________ City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) 12 535540v23 BDL BR291-4 Document comparison by W orkshare Compare on Monday, September 17, 2018 9:27:49 AM Input: Document 1 ID PowerDocs://DOCSOPEN/535540/2 Description DOCSOPEN-#535540-v2-Amendment_to_Tobacco_Related_Ordinance Document 2 ID PowerDocs://DOCSOPEN/535540/3 Description DOCSOPEN-#535540-v3-Amendment_to_Tobacco_Related_Ordinance Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 15 Deletions 13 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 28 TOBACCO ORDINANCE AMENDMENT Council Date Action August 27 Work Session presentation regarding Ordinance Amendment for Tobacco regulations September 24 Work Session presentation regarding Ordinance Amendment for Tobacco regulations October 8 1st Reading of Ordinance Amendment for Tobacco regulations (on agenda as a consent item) October 18 Publish Public Hearing Notice for Ordinance Amendment for Tobacco regulations November 13 2nd Reading – Public Hearing of Ordinance Amendment for Tobacco regulations (and adoption) November 22 Publish Ordinance in newspaper December 21 Tobacco Ordinance takes effect MEMOR ANDUM - C OUNCIL WOR K SESSION DAT E:9/24/2018 TO :C urt Boganey, C ity Manager F R O M:Meg Beekman, C ommunity Development Director S UBJ EC T:Art C ontest Judging Recommendation: - C onsider a request to judge youth art submissions Background: T he C ity hosted a youth art c ontes t in July. S even s ubmissions were rec eived, and staff is now reques ting that the C ity C ouncil judge the s ubmission. A pac ket will be pres ented to you with a c opy of eac h piece of artwork, along with a judging rubric. P lease take a moment to sc ore eac h piece and return the pac ket to staff. T his c an be done at the S eptember 24 meeting, or shortly after if you would prefer to take more time with them. S trategic Priorities and Values: Enhanc ed C ommunity Image MEMOR ANDUM - C OUNCIL WOR K SESSION DAT E:9/24/2018 TO :C urt Boganey, C ity Manager F R O M: S UBJ EC T:F uture O ngoing Items Recommendation: C ities United Members hip ADA Transition P lan Liquor/P ublic Dance O rdinanc e - O c tober Livable Wages S emi Truck P arking O rdinance Transient Ac commodations - O ctober Eas t Brook Estates - O ctober 8 Background: