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HomeMy WebLinkAbout2009 06-08 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION June 8, 2009 6:00 P.M. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn Public Copy CITY COUNCIL MEETING City of Brooklyn Center June 8, 2009 AGENDA AMENDED 1. Informal Open Forum with City Council 6:45 p.m. provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. —Mike Meyer, Brooklyn Center Lions Club 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. May 26, 2009 Study Session 2. May 26, 2009 Regular Session 3. May 26, 2009 Work Session 4. June 1, 2009 Joint Work Session with Financial Commission b. Licenses 7. Presentations/ Proclamations /Recognitions/Donations a. CenterPoint Energy Grant Faith Pederson Resolution Expressing Appreciation for the Donation of CenterPoint Energy Community Partnership for a $2,500 Grant to Purchase Emergency Response and Safety Equipment Requested Council Action: Motion to adopt resolution. CITY COUNCIL AGENDA 8. Public Hearings —None -2- June 8, 2009 9. Planning Commission Items a. Planning Commission Application No. 2009 -002 Submitted by BKV Group. Request for Site and Building Plan approval for a new community building/clubhouse and the renovation/redevelopment of the Ewing Square Townhouses located at 6130 through 6242 France Avenue North. The Planning Commission recommended approval of this application at its May 28, 2009, meeting. Requested Council Action: Motion to approve Planning Commission Application No. 2009 -002 subject to the conditions of the Planning Commission. 10. Council Consideration Items a. Consideration of Renewal Rental License for 5301 Dupont Avenue North Requested Council Action: Receive staff report. Motion to open hearing. Receive testimony from applicant. Motion to close hearing. Take action on renewal rental license application. b. Resolution Amending the City Council Code of Policies; Adding Policy for Street Light Banners Requested Council Action: Motion to adopt resolution. c. An Ordinance Amending Section 1 -265 of the City Code of Ordinances Relating to Registration of Dangerous Dogs Requested Council Action: Motion to approve first reading and set second reading and Public Hearing for July 13, 2009. d. Resolution Adopting Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year Ended December 31, 2008 Requested Council Action: Motion to adopt resolution. 11. Council Report 12. Adjournment City Council Agenda Item No. 6a 05/26/09 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 26, 2009 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Police Chief Scott Bechthold, Fiscal and Support Services Director Dan Jordet, Fire Chief Lee Gatlin (arrived at 6:15 p.m.), and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed Council Consideration Items 10c, Consideration of Renewal Rental License for 5301 Dupont Avenue North, and 10a, Resolution Granting Preliminary Approval and Authorizing the Formal Submission of the City of Brooklyn Center's 2030 Comprehensive Plan to the Metropolitan Council as Required by Minnesota State Law (Metropolitan Land Planning Act). Councilmember Roche expressed that he would like to have the southwestern border of Evergreen Park updated as part of this plan. Director of Business and Development Gary Eitel responded that update could take place as part of this process. City Manager Curt Boganey outlined the two action options on Council Consideration Item 10c, Consideration of Renewal Rental License for 5301 Dupont Avenue North, and informed that the Council would need to make a decision on what direction they would like to go with this item. ADJOURN STUDY SESSION TO WORK SESSION Councilmember Ryan moved and Councilmember Yelich seconded to close the Study Session at 6:30 p.m. Motion passed unanimously. COMMUNITY SCHOOLS UPDATE Keith Lester addressed the Council to provide information regarding the direction of Community Schools and express that he believes that Community Schools would make a great difference in education and the community. He outlined what other cities and Hennepin County are doing to also help with these efforts. -1- DRAFT Councilmember Ryan moved and Councilmember Roche seconded to reconvene the Study Session at 8:12 p.m. Motion passed unanimously. MISCELLANEOUS It was noted that it was the consensus of the Council to continue working in support of Community Schools. Councilmember Yelich informed that at the last Park and Recreation Commission Meeting some concern was raised with regards to who residents were to call to report park issues. There was discussion regarding the different forms of communications to report park issues and that the most important number to remember is 911. At the current time there is not enough staff or monies to accommodate systems like the City of Minneapolis; however, with the new phone system coming this year there may be other opportunities to explore better business options. Councilmember Lasman inquired if it would be possible to have a Police Officer visit the Woodbine/Noble location for safety reasons. Councilmember Lasman inquired if administrative fines for traffic offenses would be a direction the City should be considering? Police Chief Scott Bechthold discussed that at the current time there are higher priority issues and he has no opinion at this time. City Manager Boganey added that he would like to see how the new code enforcement administrative fines goes and that the City possibly revisit traffic administrative fines in the future. Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session/Work Session at 9:34 p.m. Motion passed unanimously. 05/26/09 RECONVENE STUDY SESSION ADJOURNMENT -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 26, 2009 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 Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Police Chief Scott Bechthold, Fire Chief Lee Gatlin, Fiscal and Support Services Director Dan Jordet, City Attorney Sarah Sonsalla LeFevere, and Deputy City Clerk Maria Rosenbaum. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Roche seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson 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 Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Police Chief Scott Bechthold, Fire Chief Lee Gatlin, Fiscal and Support Services Director Dan Jordet, City Attorney Sarah Sonsalla, and Deputy City Clerk Maria Rosenbaum. 05/26/09 -1- DRAFT 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Roche seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 05/26/09 6a. APPROVAL OF MINUTES 1. May 11, 2009 Study Session 2. May 11, 2009 Regular Session 3. May 11, 2009 Work Session 6b. LICENSES FIREWORKS TEMPORARY TNT Fireworks MECHANICAL C CHVACInc. Dakota Mechanical Flare Heating A/C Golden Valley Heating Kraemer Heating RENTAL INITIAL 515 62 Ave N 3125 65 Ave N 4606 65 Ave N 5420 Fremont Ave N 6757 Humboldt Ave N 4207 Lakeside Ave N #224 5349 Sailor Ln N RENEWAL 1302 -08 69 Ave N 5240 Drew Ave N 5000 France Ave N 5239 -41 Drew Ave N 6712 Beard Ave N 401 Bellvue Ln 4707 Eleanor Ln 5801 Girard Ave N 6436 Indiana Ave N 5617 Logan Ave N -2- 2109 59 Ave S, Fargo ND 16730 242 Avenue NW, Big Lake 575 Minnehaha Avenue W, St. Paul 9303 Plymouth Ave, Golden Valley 5182 West Broadway, Crystal 7441 Dallas Court, Maple Grove Jeffrey Agness Sa Xiong Marc Svihel Ross Herman Saleem Raza Marina Feldman Pavel Sakurets Myra Chazin Bradley Schumacher Dean Gannon Aleane Washington Morris Matthews Robert Hildreth Todd Vlasaty Diane Yang Cha Moua Harry Narine Darwin Marcia Kulzer DRAFT 6912 Unity Ave N Geri Williams 6605 Xerxes PIN Ryan Bernard Motion passed unanimously. 7. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS -None. 8. PUBLIC HEARING -None. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION GRANTING PRELIMINARY APPROVAL AND AUTHORIZING THE FORMAL SUBMISSION OF THE CITY OF BROOKLYN CENTER'S 2030 COMPREHENSIVE PLAN TO THE METROPOLITAN COUNCIL AS REQUIRED BY MINNESOTA STATE LAW (METROPOLITAN LAND PLANNING ACT) Director of Business and Development Gary Eitel outlined the request for approval and authorization of the formal submission of the City's 2030 Comprehensive Plan to the Metropolitan Council as required by Minnesota State Law (Metropolitan Land Planning Act). Mayor Willson informed that there were some incorrect names listed in the Acknowledgments and suggested that those names be updated. The Council discussed the process after this submission is approved and Director of Business and Development Eitel informed that the plan is the City's and the Council will act on issues. This approach of a working plan will help to guide the City and every City is required to have a PP g P P t ty Comprehensive Plan. City Manager Curt Boganey added that once the plan is adopted amendments require Metropolitan Council approval. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -72 Resolution Granting Preliminary Approval and Authorizing the Formal Submission of the City of Brooklyn Center's 2030 Comprehensive Plan to the Metropolitan Council as Required by Minnesota State Law (Metropolitan Land Planning Act). Motion passed unanimously. 10b. RESOLUTION ESTABLISHING A LIMITED LEASE FOR BC LIQUOR AT 4811 DUSHARME DRIVE 05/26/09 -3- DRAFT Fiscal and Support Services Director Dan Jordet outlined the request by Surly Brewing Company to sell one of Surly's products at a festival to be held in October at their brewery at 4811 Dusharme Drive. The City's insurance will cover the risks under the existing Brooklyn Center Liquor Policy. A lease had been prepared and revised to accommodate this one day event and had been revised by the City Attorney. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -73 Resolution Establishing a Limited Lease for BC Liquor at 4811 Dusharme Drive. Motion passed unanimously. 10c. CONSIDERATION OF RENEWAL RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH City Manager Boganey informed that since the May 11, 2009, Hearing, the applicant had contacted the City to request another hearing. The applicant informed that he was not at the May 11, 2009, Hearing because he misread the date of the original hearing. Before the Council this evening is two recommendations. The Council needs to choose one of the following: reschedule the hearing as requested by the applicant; or adopt the resolution with Findings of Fact and Order. Council discussed the Findings of Fact and Order and it was noted that if the Council were to reschedule the Hearing, the staff presentation of the facts would not change. New Hearing would afford an opportunity for the applicant to respond to the facts presented. There was discussion as to whether or not the Hearing could take place on June 8, 2009. City Attorney Sarah Sonsalla informed that June 8, 2009, would be fine. Councilmember Yelich moved and Mayor Willson seconded that the Hearing be rescheduled to June 8, 2009. Motion passed unanimously. 10d. RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A PRESCRIPTION DISCOUNT CARD PROGRAM, SPONSORED BY THE NATIONAL LEAGUE OF CITIES IN COLLABORATION WITH CVS CAREMARK, TO PROVIDE BROOKLYN CENTER RESIDENTS SAVINGS ON PRESCRIPTION DRUGS NOT COVERED BY INSURANCE City Manager Boganey informed that Councilmember Yelich had brought this information to his attention and outlined the program. There are only two cities at the current time participating in this program, Robbinsdale and Crystal. Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009 -74 Resolution Authorizing the City to Enter into a Prescription Discount Card Program, Sponsored by the National League of Cities in Collaboration with CVS Caremark, to Provide Brooklyn Center Residents Savings on Prescription Drugs Not Covered by Insurance. Motion passed unanimously. 05/26/09 -4- DRAFT There was further discussion how to promote this program to residents. City Manager Boganey informed that information would be provided in the CityWatch, on the City's Website, and in the local paper. Councilmember Ryan suggested also putting information on the local cable news channel. 11. COUNCIL REPORT Councilmember Yelich reported his attendance at the May 19, 2009, Park and Recreation Commission Meeting and wished to call attention to the Odyssey Academy Event that will take place on June 1, 2009, 6:00 to 7:30 p.m. and the Garden City Neighborhood Meeting on May 28, 2009, 6:00 to 7:30 p.m. Councilmember Lasman reported her attendance at the May 14, 2009, CEAP Fundraiser at Embassy Suites; May 15, 2009, Crime Prevention Golf Fundraiser at Centerbrook Golf; and the May 21, 2009, Shingle Creek Improvements hosted by the City. She informed that she would like to attend the event at the Odyssey Academy on June 1, 2009; however, the City Council has a Work Session that evening. Councilmember Roche reported his attendance at the May 14, 2009, Taste of the North at Embassy Suites; May 19, 2009, Earle Brown Days Board of Directors; and May 19, 2009, Housing Commission. He informed that he had received a letter from Mike Opat and wished to encourage residents to participate in the Step To It Challenge that runs from May 18 through June 14, 2009. Councilmember Ryan reported his attendance at the May 18, 2009, UPS Store Open House; May 19, 2009, Brooklyn Center Police Safety Work Shop; May 19, 2009, Brooklyn Center School Health Fair; May 20, 2009, Stan Mack Retirement Reception; and May 26, 2009, Northport School to hear Congressman Eric Paulson. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded adjournment of the City Council meeting at 8:02 p.m. Motion passed unanimously. 05/26/09 -5- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION MAY 26, 2009 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order and reopened by Mayor/President Tim Willson at 8:12 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers /Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Police Chief Scott Bechthold, and Deputy City Clerk Maria Rosenbaum. City Manager Curt Boganey informed that some administrative details had been removed to capture more of a general policy and that this policy would be brought back to the Council for official action if there were no objections. Council discussed the policy and the actions that would take place when new banners are requested. City Manager Boganey informed that staff would not order banners without informing the City Council. It was the consensus of the Council to move forward with this policy for official action. 05/26/09 STREET LIGHT BANNER POLICY OUTLINE UPDATE JAG APPLICATION UPDATE Police Chief Scott Bechthold provided an overview of the 2009 Federal Justice Assistance Formula Grant and informed that the City is receiving $229,770 this year. The duration of the grant is four years and the Police Department intends to use this toward overtime and equipment purchases for the Problem Oriented Policy Unit, the Commercial Unit, and the High Visibility Enforcement Crime Suppression Initiative. There was some discussion regarding the possibility of using some of this grant money to purchase surveillance cameras. Police Chief Bechthold informed that at the current time the focus has been on dedicating dollars to help achieve the Council's goal of reducing crime and that the Police Department had applied for some grant funding for surveillance cameras; however, did not receive the funds. They will continue to move forward on seeking grant dollars for surveillance cameras. -1- DRAFT UPDATE ON NEIGHBORHOOD MEETINGS City Manager Boganey updated that there will be four neighborhood meetings this year and they are as follows: May 28, 2009, Garden City Park; July 23, 2009, Grandview Park; August 20, 2009 Kylawn Park; and September 15, 2009, Firehouse Park. There was some discussion on whether or not to invite someone to discuss different types of locks for safety purposes. It was noted not to have a sales person attend since it could create an impression of City endorsement and create a forum for a sales pitch. WORK SESSION ITEMS NEIGHBORHOOD MEETINGS WEB SITE AND OPEN HOUSE City Manager Boganey informed that he would like direction on how the Council would like to have items placed on City Council Work Sessions and outlined the current policy. There was discussion regarding how the Council has worked on this issue in the past and that the policy was created to help with issues such as this. It was noted that the policy is in place and should be followed by all Council Members. 05/26/09 ADJOURNMENT Councilmember /Commissioner Roche moved and Councilmember /Commissioner Laman seconded adjournment of the City Council/Economic Development Authority Work Session at 9:34 p.m. Motion passed unanimously. -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION JUNE 1, 2009 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present: City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Philip Berglin, Mark Nemec, Susan Shogren Smith, and Rex Newman. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR 2008 AUDITOR'S OPINION, SPECIAL PURPOSE AUDIT REPORTS, MANAGEMENT REPORT MALLOY, MONTAGUE, KARNOWSKI RADOSOVICH, LTD. Malloy, Montague, Karnowski Radosovich, Ltd. had been selected for the City's Auditing Firm and Jim Eicthen was introduced to review the City's Management Report and Special Purpose Audit Report. Mr. Eichten informed that the City in general received a clean opinion and summarized the Management Report and Special Purpose Audit Report as follows: Understanding the Auditor's Responsibility Planned Scope and Timing of the Audit Audit Opinion and Findings As part of the audit's findings, there were seven matters involving the City's internal control over financial reporting that were considered. Mr. Eichten summarized the seven internal control findings as follows and informed that management was very cooperative and responded to the conditions: 06/01/09 -1- DRAFT 06/01/09 2008 -1 Payroll Segregation of Duties The City does not have proper segregation of duties over the processing of payroll transactions and it is recommended that the City segregate these duties. 2008 -2 Lack of Management Approval Two areas within the accounting and reporting internal accounting control systems are lacking management approval and management is not in disagreement with this finding. First, bank reconciliations are reconciled monthly; however, these reconciliations are not approved by an appropriate level of management. These will be reviewed by the City Treasurer monthly and approval or modification will be noted in writing. Second, there is no approval of payroll by management, nor are payroll registers reviewed throughout the year. The allocation of payroll costs should also be monitored and approved by Department Heads on a periodic basis. The supervisor for the payroll technician will periodically review the payroll register on a random sample basis to assure accurate and appropriate transactions. Department Heads will periodically review the general ledger status of the payroll accounts measured against the fiscal year's budget. 2008 -3 Inadeauate Documentation of the Components of Internal Controls The City does not have formal written accounting and financial reporting procedures. There is no disagreement with this finding and the City will develop a procedures manual for accounting, payroll, and reporting procedures during 2009. 2008 -4 Utility Billing System The City has not established procedures regarding periodic verification of residential meter readings. This finding is one that should be eliminated next year with the City currently in the process of replacing all water meters and installing an automated utility billing system. 2008 -5 Capital Assets and Land Held for Resale Internal Controls The City was not including the cost of all land that the County identified as city owned, included a portion of land that was bought in the prior year with the intent of selling it this year, and had some land improvements recorded as land which were not being properly depreciated. There was no disagreement with this finding and the situations were addressed extensively and procedures are in place to assure that land held for resale is treated properly in the future at the point of purchase and/or sale. -2- DRAFT 2008 -6 Other Post Emnlovment Benefits (OPEB) The City does not have adequate documentation of the eligibility of retirees for other post employment benefits and certain eligibility requirements of City employees for retiree benefits are difficult to determine. There is no disagreement with this finding and the policy will be changed to require that retiring employees to whom the City's OPEB Program may be available will be required to provide the Human Resources Department with written proof from the Public Employees' Retirement Association (PERA) of Minnesota prior to the retirement date that the employee is eligible for full, unreduced PERA retirement benefits at the expected date of retirement. 2008 -7 Claims and Disbursements There was an incident where there was a timely delay from when the invoice was approved for payment and when it was sent back to the Finance Department for payment. The incident was reviewed by management, the cause for the violation discovered, and the invoice payment process was reiterated to the appropriate staff. In the future, invoices exceeding the 35 -day payment window will be paid with an additional 1.5 percent fee included as required by State Law. Mr. Eichten continued with the summarization of the Management Report and discussed that there were three sensitive factors requiring estimates affecting the financial statements. Those three were depreciation, net other post employment benefit liabilities, and land held for resale. Management expects any differences between estimates and actual amounts of these estimates to be insignificant. Mr. Eichten discussed and informed that pages four through eighteen of the Management Report were financial results and pointed out benchmarks for Legislation, Federal Recovery Act, Property Taxes, Taxable Market Values and Tax Capacity, Governmental Funds Revenue per Capita, General Fund Balance and Expenditures, Operating Revenue and Income (Loss), and Statement of Net Assets. Mr. Eichten wrapped up his summarization informing that the City had done an exceptional job on their Financial Report to receive a clean opinion and that the City continues to assess internal controls. Fiscal and Support Services Dan Jordet outlined the information that was provided this evening with regards to the 2008 Comprehensive Annual Financial Report for the year ended December 31, 2008. There was discussion amongst the Council and Financial Commissioners regarding the economically hard challenges that cities are facing and financial situations the City is facing. ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded to adjourn the Work Session at 8:20 p.m. Motion passed unanimously. 06/01/09 -3- DRAFT ncil Agenda Item N 6b City CoU TO: MECHANICAL Hansen Heating, Inc. Hertz Mechanical Inc High Road Heating and Cooling McChesney Heating and Air Conditioning Northern Plumbing RENTAL See attached report. COUNCIL ITEM MEMORANDUM Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: June 2, 200 SUBJECT: Licenses for Council Approval Recommendation: It is recommended that the City Council consider approval of the following list of licenses at its June 8, 2009, meeting. Background: The following businesses /persons have applied for City licenses as noted. Each business /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. 16218 Eveleth St NE, Ham Lake 19561 Vernon St, Elk River 6650 Winfield Circle N, Rockford 8201 175 Avenue SE, Becker 7401 Central Avenue, Fridley Rental Licenses for Council Approval on June 8, 2009 InspectorClerkClerkClerkPoliceUtilitiesAssessing DwellingRenewalUnpaidUnpaid Property AddressOwnerCalls for Service Typeor InitialUtilitiesTaxes 4106 62nd Ave NSingle FamilyInitialScott EganNone per 12-911 OrdinanceOKOK 4824 71st Ave NSingle FamilyInitialDanny AngellNone per 12-911 OrdinanceOKOK 6117 Beard Ave NSingle FamilyInitialCynthia GrantNone per 12-911 OrdinanceOKOK 7142 France Ave NSingle FamilyInitialDeepak NathNone per 12-911 OrdinanceOKOK 5306 Irving Ave NSingle FamilyInitialJason CramerNone per 12-911 OrdinanceOKOK 5443 Irving Ave NSingle FamilyInitialDoug WahlNone per 12-911 OrdinanceOKOK 6400 Quail Ave NSingle FamilyInitialPavel SakuretsNone per 12-911 OrdinanceOKOK 4318 Winchester LnSingle FamilyInitialDeepak NathNone per 12-911 OrdinanceOKOK 6662 Xerxes Pl NSingle FamilyInitialMatthew BarnesNone per 12-911 OrdinanceOKOK Maranatha Place1 Bldg RenewalCenter Park Senior AptsNone per 12-913 OrdinanceOKOK 5415 69th Ave N65 Units Ryan Creek Manor1 Bldg Renewal Drew KabanukNone per 12-913 OrdinanceOKOK 3701 47th Ave N11 Units 1107 57th Ave N1 Bldg 4 UnitsRenewalBob RobsonNone per 12-911 OrdinanceOKOK Evangelical Lutheran Church 1100 69th Ave N1 Bldg 7 UnitsRenewalNone per 12-913 OrdinanceOKOK of the Master 3612 55th Ave NSingle FamilyRenewalLutheran Social Service of MNNone per 12-911 OrdinanceOKOK 6777 Humboldt Ave NSingle FamilyRenewalAndrey RyvlinNone per 12-911 OrdinanceOKOK 2812 O'Henry RdSingle FamilyRenewalMains'l PropertiesNone per 12-911 OrdinanceOKOK City Council Agenda Item No. 7a its adoption: Member introduced the following resolution and moved ATTEST: June 8, 2009 Date RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF CENTERPOINT ENERGY COMMUNITY PARTNERSHIP FOR A $2,500 GRANT TO PURCHASE EMERGENCY REPONSE AND SAFETY EQUIPMENT WHEREAS, CenterPoint Energy Community Partnership has established a program to support communities emergency safety efforts; and WHEREAS, CenterPoint Energy Community Partnership has received an overwhelming number of grant applications for this program; and WHEREAS, CenterPoint Energy Community Partnership has selected Brooklyn Center to receive a $2,500 grant to be used by the Fire Department for eight self contained breathing apparatus bottles; and WHEREAS, the City Council is appreciative of this donation and commends the CenterPoint Energy Community Partnership for making this funding possible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges this donation with gratitude. 2. Appropriates this donation to the General Fund Fire Department activity budget. Mayor City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. s cenrerPonr. Energy 5/8/2009 Mr. Curt Boganey City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Boganey: Thank you for submitting an application for a CenterPoint Energy Community Partnership Grant. We received an overwhelming number of applications this year for emergency response and safety equipment. 1 am pleased to inform you that a grant in the amount of $2,500 has been awarded to the City of Brooklyn Center for eight self contained breathing apparatus bottle. We would appreciate the opportunity to present the CenterPoint Energy Community Partnership Grant check at a council meeting in either June or July. Would you please provide the following information and fax to Suzanne Pierazek at 612 -321 -4812. June or July council meetinas: (1) Dates(s): (2) Time: (3) Location: (4) Name of contact and phone number to schedule attendance: We will coordinate with a CenterPoint Energy representative to attend and present the Community Partnership Grant check. Congratulations, and thank you for making safety a top priority in your community. Sincerely, Jean Krause Director, Community and Local Govemment Relations cc: Fire Chief Lee Gatlin 800 LaSalle Avenue PO Box 59038 Minneapolis, MN 55459 -0038 City Council Agenda Item No. 9a Recommendation: Background: Budget Issues: There are no budget issues. COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Ronald A. Warren, Planning and Zoning Specialist �l[�f./ DATE: June 2, 2009 SUBJECT: Planning Commission Application No. 2009 -002 It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. On the June 8, 2009 City Council Agenda is Planning Commission Application No. 2009 -002 submitted by BKV Group requesting Site and Building Plan Approval for a new Community Building/Clubhouse and the renovation/redevelopment of the Ewing Square Townhouses located at 6130 6242 France Avenue North. This matter was considered by the Planning Commission at their May 28, 2009 meeting and was recommended for approval. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2009 -002 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. Since the Planning Commission meeting the applicant has clarified, in response to a Commission inquiry, that the area described as a 40 ft. by 38 ft. concrete play area will be a concrete bordered area of mulch, sand or other soft material and contain new play apparatus. Page 1 5 -28 -09 Planning Commission Information Sheet Application No. 2009 -002 Applicant: BKV Group Location: 6130 -6242 France Avenue North (Ewing Square Townhouses) Request: Site and Building Plan Approval Application Filed on 4 -30 -09 City Council Action Should Be Taken By 6 -29 -09 (60 Days) The applicant, Mathew Nugent, of BKV Group (Architect) on behalf of Minnesota Attainable Housing Corporation is seeking Site and Building Plan approval for a new "Community Building/Clubhouse" and the renovation/redevelopment of the Ewing Square Townhouses located at 6130 -6242 France Avenue North. The property in question is zoned R -2 (One and Two Family Residence) and R -4 (Multiple Family Residence) and is located between France and Ewing Avenues, south of 63 Avenue North. There are three lots that compose the townhouse development, the larger site contains 19 townhouse units in four buildings and there are two lots containing a two family dwelling on each of the lots, all of which make up the Ewing Square Townhouses. This project (Site and Building Plan approval and platting) was approved by the City Council in August 1977 under Planning Commission Application Nos. 77030 and 77023. The property in question is bounded on the north by 63 Avenue with R -1 zoned property on the opposite of the street; on the east by Ewing Avenue with C -2 zoned property made up of a vacant lot, a strip commercial center, the old Bridgeman's restaurant site and 62 Avenue North on the opposite side of Ewing and the Cars with Heart used car facility on property zoned PUD /C -2; on the south by R -1 zoned property; and on the west by France Avenue with R -1 zoned property on the opposite side of that street. The owner of the property has sought funding to do the rennovations proposed which include the new building and interior and exterior rennovations of the entire townhouse project. One of the requirements of the funding is the creation of the new community building that can accommodate a number of activities for the residents at the complex such as information, marketing and possibly some special or social services. Their plans are to extensively rennovate both the interior and the exterior of all the buildings in the complex. It will continue to be a rental complex and licensing of the units will also continue to be required. The addition of the new 26 ft. by 26 ft. (676 sq. ft.) building will be in the approximate center of the complex where an existing play court and play ground will be removed and replaced with a new building and a 40 ft. by 38 ft. concrete play area. ACCESS/PARKING Vehicle access to the site is unchanged and will be from Ewing Avenue (the back) side of the property for the townhouse units and from France Avenue North for the two, two family dwellings. Plans are to mill and overlay the parking areas with new asphalt paving. Heavy duty concrete paving will be provided at the access points from Ewing Avenue where new garbage enclosures will be installed. A total of 46 on -site parking spaces are required for this 23 unit complex and 47 spaces are proved, 12 of which are in garages. New trash enclosures are to be built on the east ends of the refurbished garage buildings for the townhouse units. The exterior will be the same as the new siding on the garages and townhouses which is a cementitious five inch lap siding (hardy board type siding). The enclosures will have an overhead door, service door and roof. DRAINAGE/GRADING/UTILITIES The applicant has submitted preliminary drainage, grading, utility and erosion control plans that will be reviewed by the Engineering Department. This project will have no significant impact on these matters and no written comments from the Public Works' Director /City Engineer will be submitted at this time No Watershed Management Commission review is required. The standard engineering condition should suffice to address potential concerns relative to this application. LANDSCAPING The City uses the Site and Building Plan process to evaluate compliance with current zoning ordinance requirements. Landscaping is one of the items that is reviewed. The applicant has submitted a landscape plan in response to this requirement and will be providing additional landscape throughout the site. This 3.03 acre site requires a total of 257 landscape points based on the landscape point system utilized by the Planning Commission for evaluating such plans. The applicant's plan provides for 349 landscape points of new landscaping including 16 shade trees (Northwood Maple, Skyline Honey Locust, Bicolor Oak, and American Linden), three coniferous trees (Austrian Pine), 12 decorative or ornamental trees (Prairie Fire Crabapple, Ivory Silk Tree Lilac), 306 shrubs including deciduous shrubs such as Huron Dogwood, Butterfly Bush, Endless Summer Hydrangea, Fritschiana Spirea, and Little Princess Spirea, and Evergreen Shrubs such as Heather Bun Cypress, Goldcone Juniper, Elegans Spruce, Taunton Ewe as well as 924 perennials (no points given). This is in addition to existing landscaping which may be preserved. Although the distribution of the landscaping is not precisely that which is called for in the landscape point system, it nevertheless, appears to be a more than appropriate and fairly well distributed plan. We would recommend its consideration and approval. Shade trees such as the four Skyline Locust would be located within the boulevard area to supplement existing trees. Six of the Bicolor Oaks and three Northwood Maple would be located Page 2 5 -28 -09 Page 3 to the rear of the townhouse units. Three American Linden would be around the concrete play area adjacent to the new community room. The 12 decorative trees, six Prairie Fire Crabapple and six Ivory Silk Tree Lilac, would be located in groups of three in front of the four townhouse units. The three Austrian Pine will be at the northeast corner of the site adjacent to the Ewing/63 Avenue intersection within a planting bed at that location. The 206 deciduous and evergreen shrubs will be foundation plantings around all of the units. Existing sidewalks will be removed and redone within the complex. New sidewalks will be closer to the front of the units and lead to the new community room and to each of the buildings and the parking lots, and in one location between Ewing and France Avenues adjacent to the new community building facility. Four six -inch diameter trees are required by Section 35 -410, Subdivision 6 of the Zoning Ordinance and are provided for by retaining some of the existing trees on the site. BUILDING As mentioned previously, the interiors and exteriors of all the buildings will be redone. New siding and decorative peak features will be added to the buildings and contrasting colors in the siding. The garages and the new community building will have a matching exterior made up primarily of a five inch cementitious lap siding with a seven inch cementitious lap siding as a decorative accent on the community building. New asphalt shingles will be provided and prefinished metal gutters and fascias will also be provided. The buildings will be similar in color and the applicant has submitted colored rendering showing the decorative nature and color of the resided buildings. This certainly is an upgrade from the existing buildings which are tired looking and in need of rejuvenation. LIGHTING/TRASH The applicant has submitted a site lighting and photo metric plan indicating compliance with city ordinance standards. The plan shows foot candles which do not exceed the standards outlined within the ordinance. It appears that lighting will be provided in various freestanding locations and wall mounted fixtures on the buildings as well. No details, other than a general note regarding a fixture schedule located in the specifications, has been provided. The ordinance at Section 35 -712 requires that all exterior lighting be provided with lenses, reflectors, or shades so as to concentrate illumination on the property where said illumination devices are located. Rays of light are not to pass beyond the property lines of the premises utilizing such illumination at intensity greater than three foot candles measured at the property line. No glare shall emanate from or be visible beyond the boundaries of the illuminated premises. The photo metric plan indicates that these standards are met, however, no light fixture plan has been supplied to indicate that they will be properly shaded to concentrate illumination on the site. Any recommendation with respect to the lighting plan should site Section 35 -712 as the standard that should be attained where new and existing lighting is to be provided. 5 -28 -09 The site and building plan review process is required for modifications to this site because a new building is to be constructed. There is no public hearing required with this site and building plan application, and, therefore, no notices have been sent. RECOMMENDATION The plans appear to be in order and approval of this application is recommended subject to at least the following conditions: Page 4 5 -28 -09 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 review and approval by the City Engineer prior to the issuance of building permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all site improvements. 4. All outside trash disposal facilities and roof top or on- ground mechanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 6. B -612 curb and gutter shall be provided around all parking and driving areas as approved by the City Engineer. 7. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 8. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 9. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 10. All site lighting shall be consistent with Section 35 -712 of the City Ordinances GRIMES Pt_ mil ,,1 r,ARDEN CITY SCHOOL MOUND CEMETERY R 1 tatittit4.6'' LOGISMap Output Page Page 1 of 1 usaarsl will ANA'S Cgrm■ 461 LOGOS lSZO5 http: /gis.logis.oif g/LOGIS_ ArcIMS/ ims? ServiceName= bc_LOGISMap_OV &ClientVersio... 5/21 /2009 EWING SQUARE HOUSING REMODEL SITE LOCATION =NAM MVO MEM MaiSara ♦n.M... NM., mNwmacaw mar. CONIKa .a. ai«cwa.« wa onnm.o..w.w,w nate Immix n.nse mem:p. n 1.0•Karala OM Ma COM= CAMP= ca.n.ct x eoan a.. 6130 -6242 France Avenue Brooklyn Center, MN. CITY REVIEW SET 04 -30 -09 N e P ROJECT TEAM BUILDING CODE ANALYSIS CODES OW MOO. TWO MONO CCM MK MI NOOKIi011.3 311.11413 act WO. ONIIITIONIII EXISTING BUILDINGS (TOTAL OF 6) amino. aws 033 611331/081 m s/wr7IONTIE rRUUr.c..,oro, iaxa CONIIII II Mr o r asoscos, moss sot ROM MlAwailflocONEA NEW COMMUNITY BUILDING amnwF. ac.s mcnciai.l MOOD I TOM SIOX 33 3 OPIONI3PIO: ;VI IMMO imp, pi IOWA 3 COMPTIINO• ROOM MCP. AO Mt LW! IRMO= SICIICO OCCIAVICII 73. 1013.1.1 ONION, NW. avwa r....,,. Ia NOM TWIT 32[07103. aaa..00<u.. YR. Mir pat u ENFaaaw e.� m MOM 3011 swam r. rm SHEET INDEX I we Mute ma Ma WOO. ma MO Ara. bKV G ROUP Ardiadan Interior Drip Engineering N orma @c. Grew m North Second w..T tinnacolls MN 55401 Tdeplanc 6I2 -331 -7751 F.oNdc 611- 339 -6111 EWETD SQUARE FAMILY MOUSING IJIUDRD NOT FOR CONSTRUCTION CITY REVRTV SET 0440-09 Ewing Square 131, arum— liana TITLE SHEET CODE ANALYSIS a m WO..,r ce L r o E W I N G L A N E A D D I T I O N MAN W0•0.0100 w001001 A.. 06000 10 AWN x 0 Nll11001 a1N•axN .M..�o000.0•..w..00011W wr N..w.r 00•0•000.01•00•01•00.0•000.0•0000.000100•0400••••••••0 ,.:.a 000.001.1000..MOw 1. 10010 01•010.00.0900 10 ON 01.001000.1•00110110•A In 000 41..•0.00 0. 100,.0. W. 0041410 0w...01.Im1.0.01..Nala...w... .a. 0000Am+enu.n.at.aoa.N 00400 0•101r000401n.e. .....w 00000.00.03 1N1 WANOSTAD'S BROOKLYN TERRACE. 4TH ADDITION 3 1110101/1001 _0-0 .la.x.. (tt e- 000001100101 W 00.00001 00-. 01000N.. 9-. w F 0 IfILIMOSSMI L...C..OmwN Fww r.Fw.a.. _M1I can in s .1t .KM M s 1.I..r /that bytwn.r F...I.... Wm FRANCE MIME earn (10u011n1 olaaim) WAIL ha Ok 00wrAY•..•rax. OM 0••• x..a..Y..•••01•w,►W.T... Rea it WOW 1101. 00. .w.......0r. M NIYwmall.. w...YY.1. .....tlL I..s.w..r..."1 .wwYrwdIr *wino .0....q. Na. Mtn 000010 000010 Mu/ (twNrr+.a ,a...•• a t ..Y.. MWi w 010net •01••a10•0. 0000000 10•0•0.0000•1•00 As at It ..rl..r.........Y...Yrw.I..0, 0..0.x1. I.xR r. 0r...F et 011.•00•10 anMl n. rrl.w0a IIR. 0•00t r0010,I1010. 01 •0 1010..w0 00.10 .11111010t.t.l.0041•1r11•110+00. t 11 1 WANGST AD'S GROogL'iN 4 RAELEA•NO.e1. ar®er..Ya rw....rrrn.. >x....xuer•••l. 1.0000•00 &aw MM001M1.f .A.M6.e e. 0.11•10000•0•110•00•000•••••110•000•00•10 +■1•I•100010•••. A 0•w. 011. x w. 60 00..l 0• 1•00.010 1.10.0. 00• wa1rr Y .00•0I x M .0.r.0�0.6..rrr. 1L 0n01s000xr000001q1•100l00.100..0100.010 *EL a 0.1010 0101...00e0.0.e.0.0x 0L0A000 awx.10.Y..Ot11001.410x41 W lW.00x1.xW010000 A 04 0.s.0x W W..0•0000.aYYr.r0.r1r0rww wok a.r.. 01 e N ~^r•••••••••+•0•+..w.. 1.:000 r....,a•••WW 0000.....4....1. 10.x.0rsY 0a0.eW MIF.ew 001. 000.0 NY..60gr ..r00601 4 1 1- 001,4.. w•w0 CHRYSLER MOTORS CORPORATION ADDITION A�..:f4_{�" rx1 ;6n r w 4 TERRACE LIMMITIM Certification 1100/001•' f M .rlrr...w..�r111001 00111 Ara 00000000010 000 0.11.00 0•111•0100•0•100.1100.11•11.0t r _i;.w iu 000•1•0001•110 0000411.1. `.MM 1. ;att 0101000Kt10.11100 1301010,1*.•■••••01 1010..40 0 100 ..140eY1W. �x. 111 11001••••0•10..1 0004•01•10.1•001=•••••••••••••100•00011.001 IrW•••■YO..W .1•••••=0.0000•0•000•0•00001100010•1•01000•00/ 0rr.g0.laY i s IAA I lax NVlx. 10 PNxx 3.0004 Client Dominium Development Acquisition, LLC Protect Ewing Square Townhomes Location Brooklyn Center, Minnesota Summary Y4e1 1e010 xe kkkit m• MY/ Oak ax .1Ye YlrrW max• Revision History e.. 10 k 111101W/Mao Sheet Title ALTA/ACSM Land TNIe Survey Sheel Number Revision 1 /1 A Prefect No. DOM17a97 IVJOW II aufHDI e If I (I I ;hi 0 63RD AVENUE NORTH (PUBLICLY DEDICATED) Iv r1 11 II crl i t +a 1 nx:m i o0 n o wn ;,c n T. r i° A v Z z m Z n m z T 63RD AVENUE NORTH (PUBLICLY DEDICATED) ;pun 1 r prx ix I A ;.11 I I! it11 1 st1.1 I .1 lar 01 1 1:1. 0 5 111 IH iito*orf f i•c 1111 iS 1114 L 1. z o lli 5;3 i.! 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L� c7 SWAN ueo L. 10 1 0 r� 0 OONNO r 111.001 Iest C�R GARAGE M -F XIS TING PI 2 N 0 0 es 0 CAR GARA PRGP GSEO P1alh Ird r L Le3 GARAf$ FXISTING PIM vz Ior C¢Y GARAGE PRGPGSF13 PI�I OIMOVE DHOW. HALL MO NO■ 00011 J CI rtenna.o mow, mowed w. 0 .una OM, ra. 0 wi of as w•m 0 .ten won.: own TO CO.. bKV G R O U P ArthirNa* Intrlor Olden landscape ArdJtodun EnglnwIng .scorns Rceee Gnaw 222 North Second Strut MN 55401 TWpharc 612 -339 -3752 foodrolle 612 339 -6212 www.6kveroup•coro 4latrnaf EWINO SQUARE FAMILY HOUSING L16II1'ED PARTNERSHIP NOT FOR CONSTRUCTION Ewing square crrr REVIEW SET 04-30-09 lbome ftolass 0110 two 010as. MIS Imo0 elfeilma GARAGE PLANS PLANS me Z e W DV4YInc Illi lllilIlll u H Ili ii� 14,1■1 111111111 1111,1l lmnun III it H 0 H I'1 fa EI H I Ft 11 C= 1 Mil 1"1 fill 4 0 1 1111 I 11 111 I 1111111 I 11111111 J ■I 0 tt 0 0 AZ4642"'"7TTEr n m 7.71 *44111410.4.0.51_ cLEAltort NOTES GENEPAL DGERIOR DEMOUTION GENERAL EXTERJOR RECONSTRUCTION EXTERIOR DEMOUTION Latenes 0404 me 000. rarsoire4r1 0 40404 400,•44 4•404414 e L O•O 0 TOW. ODAI•11.7 DOODOIDO. WOWS in1.1 *SON Made 0* DIRDA DaD000 MOM WO mi. Dem cm: 0 IM•PeLin.11.... ...moo ny CPIPO•11.1O•TOO AWN 0•30••■• 1 0 Ail •O•T•O Deo. Oloan TO MOAK nom co POPO IMMO.* 1 Vott==•%111 r 011•Try: ZIIVia•,••••■■ NT.. OM. DA NM. •11042062 MD M.O. •T Dlo Mel. 6. PAM., Mr.( 01101109.4. //J. 1.6.111N. t 1440444 wek0.40.•40,01400 Ma 400140 000 r044 00004•004 rearr 0000 ram MN MCIVO 1 OMR KM MICIVICII, Doc... Iry> <mum ...In. Boyno arm mem. la cm. c• .7 nompung 001440 a inimell MN MOJO•1100.• MOO OA. MN. TAPE *C. N. OD.D•ab IMP MOOD ALL WM* AM DOM. 1 ■T [OA," RECONSTRUCTION ID Et ttese.t. tee we.. tette 0 cocmcm cm..,.....ms mac 0 mcc,................c a a S Wu MAD. an.. .O•S ...ens CI TD. DOODS DAD. 0 0 0 ...cm. co sacmea M R. 440,440,00 04,44.4401.0 44404 r =rum.. my, come ammo ma. 0 8 we 04.100400 004 0/00.401.44 woo cm cm cm.. WOLOADMVOOMODO DMIND1D•Wart•■ DOW-M. DI WM. COLON. DODD riliri•Or DUO MODOCOO •LOOPO• DANA. D •CCITO TOM oc011. POO DONOPOIT•TO TUT. ■10.10.11•I GOA% 1 1 1111 I iiii -311E.IIE 1 1111i11 1 ll: IEI 7 2 10.11111111 I 1111 1111111104111 ,77:111==- 11.11 1 0 1 I 141 lo 1.1.1 &15 -EYISTINC qvulpin Azu L 4 A9ttz.0 4 Ammarzar!-2R00sr0 0,1!_p31c Amsztiiimm-Exjac pir A inzruLry n t=1 Ma k Et :T ILL■ MN 1, RPM r EMS e 1. Win. DIM. MOM OM IN MD L 0010 4640 Re rmtrea DIRDATIOOD 0.014, 1 DC 014X7 /IJOINC WaRti 1 11111 EEC: 1 In II SEM MIM ME MI 1111 MI MEI 1•1 INI MI MI MIME 1111 lul int ra Ei=Er d u re K V GROUP Arditeclure kneeler Design Landscape Arditecese Strewing Seenewn Sow 'NO Gaup Inc 2X1 North Second Sew* MInnwpalls MN 55401 Telephonw 6U-33-3752 Facsimile 612-339—MI2 www bkv ar o up .00m IMMO SQUARE FAMILY ROUSING /MUTED PARITIERBEIW 01••••••••/.. ■1112.=...11■11 1000040 LLT.L.L cc Dimor.101114.• NOT FOR CONSTRUCTION Erg Square CITY REVIEW SET 044009 C•014011100 ...0•440 arawn=01010.404. tuba 410•110.01444.4 EXTERIOR ELEVATIONS BLDG TYPE 'A WINDOW TYPES A5 0 0 1444 Wen. 1=104 IMMO 1101111 GENEPAL EXMOOR DEMOLITION MIA 1.11/1.• CONNIP 404.10.11, MO MINIM. 1 DCTERIOR DEMOUTION 0 0 PI•VACI 411,4■PM, T7.1 MHO& 0 OdaNWITS TT1 0 WIC.. VIM nal O ea, ()wow DOM YMNII..8,41.1.6. I NAM. ORO 0 1■10.1 MM. 1.2.111M.•••111 a MOS.= POI. NNW*. 130.11 ro 1 2-O e"":3-11:72-M" '111 111 111MR-711111111H 0 V j 0 alb, N a NOTES r 444i494W241"YAlig'L CL7..EXIENC (Op 911G R NORT Qt#4,91JW2141.11Mgaj ASLIlta_ rytri 8 sourliztrz 1 GENERAL DOSIOR RECONSTRUCDON rao _MOOT V•110 0,0 WV. 1••,•1• 01111••••■•••■ NICK 011141A MI MIL. ALL 12.00.1 •0041.01Val OWL. .01•0014•12. t ••••10. 42/■•• MOW MO MN 01•00 ••••••21 041101••■•0 0••••• ■••=1•1•P•10 Ann 121701.4 MVO ANY UN, .0 MONO ar. reaa. ■Iff COM. sm.. o 8 a. ammo mow ma we rum.. SI ere. ea. If ...WM IIIER PAM 170•01:VIII 11,1,04 /0.1.711 OPIA, 111Z11111 It MI MI111111111 1 11 111111111 I 0 ="11 gag ni.1 uJ U 1 r 4 90G #1, s-11.11111111E- h 41 ro 131W I 400 0000. RI Pl. I.•■• 0/0•0 1••• 1:04•001• K V G ROUP !Moder Deign Landman. Archltedura EnglnereIng S eem= In Itnres VW Group 221 Nord. Second Street I I0 55401 Telephone i12-339-3752 F.th i12-339-6212 vivng.bkegroup.com corsealeel £WINO SQUARE MULE HOUSING LIMITED PARTNERSHIP 10••■••••••••••••0•••••••■• 11.11.1.•••••1 ••■•••.10$1104 NOT FOR CONSTRUCTION ONION Ewing Square OTT REVIEW BIT 04-30-09 C•0110010N ••••••40•100111•104•0• 41■11••■••••1 0100X TS-4x lavoon. 067 TM EXTERIOR ELEVATIONS BUILDING TYPE IV 31161%Thm Ase2 X07 XIV Airomp.10. IgEds HA ll 1 h t ki 1' 1I Fr 0 of zzz 0 ti ti 1 cc Ee 00� O 1 fill Q� z fFl1i�� 3/111 a 4" O p H :11111111 1 111 4 7 ntldif MEC EEBEEJ 11 DOM L 6 z r id 1' 1 f t 1 X51 t 111 1 00 0000000m0oo0o ©0a r�. WAWA to —.r I OM EINIE21iGIGNAMIIo511111a111MOAMMIIIMIMIERMIIx.M teAMMrrrtsEMEcs1©Or])♦I7 GMrc =.cane. raw" ....I .1IIIIMI©....I d. 1. Cr~ Cil•© CAI DU= 4 LC C>F£iGCiCITZI, MIMI1a1 G.iC7 MII C1• CM= CIU11.. EMI EflMIiI MANE[ 01.1 1: Q w CG3 GAM =MI C] SI C TON E2Si WWI es rWKAMM Will C IIM© IG,M ZNME •i�7Q m12=C77 ©W.. QM GC 7Gp. OM ..-Ma O C.SiOCi• If1. CieCi O 1 I... 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NOT FOR CONSTRUCTION ra¢CTITU x.1 Ewing Square CITY REVIEW SET D4 -30-09 01/7x00.1 LImmell WIRER 401. ONO REMMOMS O PAWN 1a mreSeGr1NO. slar Tma BUILDING SECTIONS -DOOR SCHED -DOOR TYPES VOLT 141./M•EM A600 VII NW Gm. aaN 00:0 1711.1•0 r..ew toc. own, WO MOOR run. wan. me tuna. e.rrt �-rsar r•• .e.. TRIM .04.0 re.. ru.+re 400•02.1 MI 00 14 cannon nun 0.C. TWITS MO PM, arcs. F =MINT 1 SONG Tan eaND oun- nun se WAX m eon MN. unr YARN .111.16 O 01 0400 4tel 6.4 W OO ilLOCKIIG VSNITILAITO steer .1. Auun. 10•141 INK 'MKT. .a srea r r. eu own. GrjARY OIYIR THRFSH fl M ,w..�.............. I RIPY SFFTINN `_•T (igNr1PY CFII IIMN OF T�I���^ .wY.. .th0 ct R Interior Design landscape An:Mecaae Engineeting ..eareee Krone Veva Group 222 North Second Shea Minneapolis MN 55401 Telephone 612 -339 -3752 Facsimile: 612 339 -6212 wee b kve rouo. 0960001 EWING SQUARE FAMILY HOUSING LIMITED PARTNERSHIP NOT FOR CONSTRUCTION ret4rQllRe CITY REVIEW SET 04 -30-09 Oxrar mn 1 ...rer.nr ~.M T�ey onlir neVISCINS DATE UMW. ST mu n aar 311107 MAMMA Ewing Square 0 ben W.,- A6 I0 WALL SECTIONS DETAILS 6 N o a Lc m. Jill lull athi e 11 111 ;II I oil d 3 I z 0 F 0 ZZ 0 I z 490 !huh Qom En. q !c' 1 1e1 3 4 !ha l; \1 0 `O Z Z 0 4-... '3, :1 .i, It. "3Si;: :4 7 2 i 1: 2 I N■• c.'" '_.4.' 7: 7 •I 2 r 2 2 2 .2 2 t-•,..4 1 C :2 '..----,1 2 ,t r ,.4 1 t A 1:t 1 1,, P 7, i 2 .1 il. t, 11/ 4 4 4 4 I< 1 a, .14 4 4 a .1 ■-74 1 F 2 IV 2 1 2 I 2 I 3 2 2 2 2 2 21 23 2 2 3 71 3 :a 3 7 2 4: 1 I r, 7 2 7 2 2: IS, 2 7 1 3 3 3 2 2 3 2 1 is2 1 r L- 2 7' 2 3 ;:r :1: :1 3 3 3 3 3 :3 2 I 3 I 3 et 3 2 3 2 3 3 3322 3 Q0A t 2 t* 2 I 3 3 2 3 i 3 2 5 0 g 1-1 m 6 ill NI 1111 0 z g p o 1 =0E_, Lek gio4 o oz W i MINJTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 28, 2009 CALL TO ORDER The Planning (hommission meeting was called to order by Chair Rahn at 7:06 p.m. ROLL CALL Chair Sean R Commissioners Joann Campbell Sudduth, Kara Kuykendall, Stan Leino, Carlos Morgan, M Parks and Della Young were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. ADMINISTEI OATH OF OFFICE Mr. Warren adlmmistered the Oath of Office to Joann Campbell- Sudduth. APPROVAL OF MINUTES MAY 14. 2009 There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to approve tlit minutes of the May 14, 2009 meeting as submitted. The motion passed. Chair Rahn and Coissioner Young abstained as they were not present at the meeting. CHAIR'S EXPLANATION Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2009 -002 BKV GROUP Chair Rahn in oduced Application No. 2009 -002, a request for Site and Building plan approval for a new co unity building/clubhouse and the renovation/redevelopment of the Ewing Square To ouses located at 6130 through 6242 France Avenue North. The redevelopment plan includes the addition of a new 26 ft. by 26 ft. community building as well as interior and exterior renol'ations of the entire townhouse project. Mr. Warren pi esented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 5- 28 -09, attached.) Commissioner Leino asked if the residents would have to leave in order for the work to take place. The aI plicant responded that the residents would not be displaced and they would work around the re ;idents as much as possible. The logistics will be different but hopefully will not be impossible to deal with. 5 -28 -09 Page 1 Commissioner Young asked for clarification on the requirements for screening around the trash containers. M r. Warren responded that trash containers would be contained within the trash enclosure areas and would be required to be properly screened from the public. He pointed out that they would be located in the east ends of the garages serving the townhouses. The owner Mr, Harold Teasdale, 4725 Excelsior Boulevard, St. Louis Park, Minnesota Attainable Ho using Corporation and the applicant Mr. Gary Vogal, BKV Architects, 222 N 2nd Street, Minnel ipolis introduced themselves to the Commission. Mr. Warren asked the applicant to explain to the Commission how they have acquired their financing for this project. Mr. Teasdale explained that there are several players involved with putting together financing for this renovation to take place including the County and low income housing tax credits are involved with )btaining grants to finance the work that will take place. Mr. Warren added that this has always been an affordable, subsidized housing complex and that will continue. Chair Rahn asked if other mechanical and plumbing work would also be updated. Mr. Vogal explained that literally everything top to bottom would be replaced and be brand new for each building and residence. 1111 Chair Rahn stated that it might be less costly to tear down the buildings and start over. Mr. Warren suggested that the applicant put together a list of other projects they have worked on in a similar iru nner that the Commission could view to see how the end product looks. Commissionei Morgan asked how long it would take to complete the improvements. Mr. Vogal responded thal it is anticipated to take about six months to complete. Commissioner Kuykendall asked for clarification on the intended use for the clubhouse. Mr. Vogal responded that it is for interactions with the residents and use by the residents with a specific use ar d set hours and when not in use, the building will be locked. Commissioner Campbell- Sudduth asked what the success rate of buildings being maintained following a re ovation like this one are. Mt. Teasdale responded that if the property is managed properly, it sh6uld be well maintained for many years. Commissioner Parks asked if the playground structure on the site would be replaced. Mr. Vogal responded tha; there was nothing drawn on the plan other than a concrete area by the clubhouse. He added that the existing playground area would be gone and replaced with something else, which has not been drawn on the plan yet. Commissioner. Parks asked the applicant to explain the orientation of the clubhouse on the site. Mr. Vogal res )onded that there is a front door from the clubhouse with a sidewalk leading to the 5 -28 -09 Page 2 north parking ht. The rest of the building contains a great room with a lot of windows facing the play area. He added that sidewalks around the site will be located to allow for greater convenience in moving around the site to the various buildings. Commissioner parks suggested that they relool: at the orientation of the new building to see if another orientation would be more pedestrian and energy friendly. Commissioner Leino stated that this is an excellent opportunity to make everything look better on this site and he would like to see this proceed forward. There was no further discussion regarding the application. ACTION TO ILECOMMEND APPROVAL OF APPLICATION NO. 2009-002. BKV GROUP, There was a m stion by Commissioner Young, seconded by Commissioner Leino, to recommend to the City Co ancil that it approve Application No. 2009 -002, submitted by BKV Group, for Site and Buil 'ng plan approval for a new community building/clubhouse and the renovation/re evelopment of the Ewing Square Townhouses located at 6130 through 6242 France Avenu., North, subject to the following considerations: 5 -28 -09 Page 3 1. Th building plans are subject to review and approval by the Building Official with resjiect to applicable codes prior to the issuance of permits. 2. Gr ding, drainage, utility and erosion control plans are subject review and approval by the City Engineer prior to the issuance of building permits. 3. A site performance agreement and supporting financial guarantee in an amount to be det:rmined based on cost estimates shall be submitted prior to the issuance of bui [ding permits to assure completion of all site improvements. 4. All outside trash disposal facilities and roof top or on- ground mechanical equipment shall be appropriately screened from view. 5. Pla i approval is exclusive of all signery which is subject to Chapter 34 of the city ord inances. 6. B -E 12 curb and gutter shall be provided around all parking and driving areas as apI roved by the City Engineer. 7. Thy applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 8. Thl: applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 9. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 10. All site lighting shall be consistent with Section 35 -712 of the City Ordinances Voting in favor: Chair Rahn, Commissioners Campbell- Sudduth, Kuykendall, Leino, Morgan, Parks and Young. The motion passed unanimously. The Council w ill consider the application at its June 8, 2009 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSI SS Mr. Warren s essed to the Planning Commission the importance of attendance by all members in order to hay, a quorum at meetings and if the start time of 7:00 p.m. is difficult to meet, there could be a discussion by the Commission to change the start time. Commissioner Morgan stated that he felt that the residents in the Ewing Square complex should have been notified regarding the proposed plans for development. Mr. Warren a lained that while all Planning Commission meetings are open to the public, city ordinances do of require a public hearing for site and building plan approval such as the one discussed toni ht. He pointed out that the owner of the property has lease and Statutory requirements r ,garding notifying tenants of moving and relocation activities. Commissioner Young stated that the Planning Commission's responsibility is to follow the city ordinances an the Commission members should understand what type of applications do require a public he g. Commissioner Leino added that he felt the tenants of the Ewing Square complex should be notified by the management/owner that development is going to take place, but it is not the city's responsibility. Commissioner Parks stated that he feels that the more we get the public involved the better, but it doesn't necessarily mean that decisions are made based on comments from the public. Commissioner Young added that she feels that is important to revitalize neighborhood groups to encourage input and participation from the public in ways that it can't be accomplished through the formal setting of the Planning Commission. Commissioner Parks added that he feels that the Commission should be a forum for the public to express their c pinions. Mr. Warren eEplained that the Planning Commission is an advisory body to the City Council on the Planning and Zoning issues in the community and that is the responsibility of the Commission, not necessarily a sounding board for all residents. 5 -28 -09 Page 4 Chair Rahn stated that he feels that the Commission has to be careful with probing for information from the public that decisions cannot be based on. Commissioner Kuykendall stated that even with comments and input from the public regarding applications being reviewed, the Commission still has to make decisions based on what is defined and allowed under the city ordinances. Commissioner Parks stated that he attended the Garden City neighborhood meeting and the Planning Commission was asked to consider being involved in the Earle Brown Days Parade. There was furt'ier discussion among the Commission regarding meeting times, particularly meeting early ',when there is an agenda item that may require lengthy discussion. There was no other business. ADJOURNMENT There was a motion by Commissioner Leino, seconded by Commissioner Morgan, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:55 p.m. Recorded and transcribed by: Rebecca CrasE 5 -28 -09 Page 5 Chair City Council Agenda Item No. l0a COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ACLARCKNAtelbk DATE: Tune 1, 2009 SUBJECT: Consideration of Renewal Rental License for 5301 Dupont Avenue North Recommendation: It is recommen led that the City Council: 1. Receive, staff report. 2. Open de hearing to receive applicant testimony. 3. Close the hearing. 4. Direct Staff to prepare a resolution for the next City Council meeting to EITHER: A. Approve the renewal rental license; or B. Not renew the regular rental license, but show findings for non renewal of the rental license. Background: At its l/lay 11, 2009, meeting, the City Council held a hearing to consider the renewal rental icense for 5301 Dupont Avenue North. (NOTE: I've attached the same documents that were included in the May 11 agenda packet for your reference.) Staff pi esented a report. The applicant was not present. Follow ng the hearing, the City Council directed staff to prepare findings for non renewal of the r ntal license and draft said resolution for the next Council meeting. On Thursday, May 14, 2009, the applicant Spencer Ung called me to request another hearing before the City Council. He indicated that he had marked his calendar for Tuesday night, rather than Monday night. Mr. Ung e- mailed his request for a hearing on May 19, 2009. Mr. Urg was notified that the decision of whether or not a hearing would be rescheduled would e considered by the City Council on May 26, 2009. At its ay 26, 2009, meeting, the City Council agreed to reschedule the hearing for June 8, 2009, to allow Mr. Ung to provide testimony. On Ma 27, 2007, due notice was given the applicant via a letter notifying that the City Counci 1 had considered his request and rescheduled the hearing to June 8, 2009. Budget Issues.: There are no budget issues to consider. Sharon Knutson, MMC City Clerk City of Brooklyn Center A Millennium Community May 27, 2009 Mr. Spencer Ung 6019 68 Ave N Brooklyn Park, MIST 55429 RE: Rental Property at 5301 Dupont Avenue North, Brooklyn Center, Minnesota Dear Mr. Ung: At its May 26, 2009, meeting, the City Council agreed to reschedule the hearing on the non renewal of the regular license: for the subject property. The purpose of this notice is to advise you that the requested hearing will be held at the regular meeting of the Brooklyn Center City Council on Monday, June 8, 2009. The meeting begins at 7:00 p.m. The City Council meets in the Council Chambers at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, MN. Yot may address the City Council on this matter at that time if you wish. Sincerely, Sharon Knutson, VIMC City Clerk 6301 Shingle Creek F arkway Brooklyn Center, MN 55430 -2199 City Hall TDD Nu,nber (763) 569 -3300 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Office of the City Clerk Recreation and Community Center Phone TDD Number (763) 569 -3400 FAX (763) 569 -3434 Sharon Knutson O o: m: Ung, Spencer (Voyageur) [sung ©voyageur.net] rd: Tuesday, May 19, 2009 2:29 PM Sharon Knutson Subject: 5301 Dupont Dear City of Brooklyn Center City Council Members, I respectfully request a ru- hearing of the non renewal of the rental license at property 5301 Dupont Ave N. A notice of the city council hearing on May 11th was receive by me, however, I miss read the date to be on Tuesday rather than Monday the refore, was not able to attend the meeting. Please reschedule a future hearing date so that I am able to respectfully represent my case properly. Thank you for your time and consideration. Spencer Ung Ung Properties, LLP Please consider the enviror merit before printing this e-mail •yageur Asset Management Inc. "Voyageur is a federally registered investment adviser founded in 1983. I. complete list and description of Voyageur's products including performance compo:;ites, mutual fund prospectuses and other statistical information relating to performance can be obtained by calling (612)376 -7000 or writing to Voyageur Asset Management :nc., 100 South Fifth Street, Suite 2300, Minneapolis, MN 55402 -1240, or by e- mailing vammrketinq @voyageur.net. Past performance not indicative of future results. This e -mail may b(? privileged and /or confidential, and the sender does not waive any related rights and obligations. Any distribution, use or copying of this e -mail or the information it curtains by other than an intended recipient is unauthorized. If you receive this e-maLl in error, please advise me (by return e -mail or otherwise) immediately. Tha you. 1 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager c FROM: ;haron Knutson, City Clerk ki o f DATE: May 5, 2009 SUBJECT: Consideration of Renewal Rental License for 5301 Dupont Avenue North Recommendation: It is recommended that the City Council open the hearing to receive staff report and applicant testimony, then close the hearing, and then take action on rental license application. Should the Council wish to not renew the license, it is recommended that the motion be to direct Staff to prepare proposod findings for non renewal of the rental license and draft said resolution for the next Council meeting. Background: Section 12- 901(1) requires rental dwellings to be licensed. There are two types of licenses, regular and previsional. The property located at 5301 Dupont Avenue North is a six -unit multifamily co: nplex owned by Spencer Ung. Mr. Ung applied for a renewal rental license on February 6, 2009, as the regular rental license will expire on May 31, 2009. In a memo dated March 10, 2009, Commander Benner notified City Manager Boganey that the six -unit rental )roperty located at 5301 Dupont Avenue North exceeded the .65 calls for service per unit. Section 12- 913(1) states, "Licensed multiple dwellings, with five or more units, that have generated an average of .65 or more police or fire calls per dwelling unit in a preceding one year period a: specified below are eligible only for provisional licenses. Properties with provisional licenses may qualify for a regular license only after a one year period with fewer than .65 police or fi •e calls per dwelling unit. On March 1 ?0 09, Mr. Ung attended a neighborhood meeting to discuss the concerns raised in the area as a result of his property. On March 12, 2009, Mr. Ung evicted the problem tenant (see Commander B :.nner's memorandum dated May 5, 2009). On April 2, 2009, a notice of intent not to renew the rental license for 5301 Dupont Avenue North was ma: led to Mr. Spencer Ung. He was given the option of applying for a provisional rental license or requesting a hearing before the City Council before final action is taken. A fax from Mr. Ung requesting a hearing was received by the City on April 16, 2009. City Attorney Charlie LeFev ,re reviewed the request and notified Mr. Ung of the date and time of the hearing, which is scheduled for Monday, May 11, 2009. Budget Issues: There are no budget issues to consider. BROOKLYN CENTER POLICE DEPARTMENT TO: Sharon Knutson, City Clerk FROM: Kevin Benner, Commander DATE: %lay 5, 2009 SUBJECT: excessive Calls for Service at 5301 Dupont Avenue North Update MEMORANDUM A review of all the six calls for service to 5301 Dupont Avenue North was completed to see if any of the calls were one continuous call or categorized incorrectly. All calls were confirmed independent from the other and accurately categorized. (These are the calls which are countable under the 12 -9 l3 ordinance During this review, a seventh call was identified within the last 12 months. This vras a drug possession call that occurred on March 4, 2009. (This information was included in the memo sent on March 9, 2009, but had not yet been counted in the total.) This call places the six unit property at 1.17 calls for service annual average per unit. The average to this property will not fall below the ordinance set limit of .65 until February 2010, if no additional calls are received. The owner (Sp encer Ung) attended a neighborhood meeting on March 11, 2009 to discuss the concerns raised in the area as a result of his property and shared with neighbors his plan to evict. The owner rep )rted, and it was confirmed by police, that all but two of the calls for service directly invo1v ed the same tenant that the owner evicted on March 12, 2009. After this evict ion Crime Prevention Specialist Becky Boie suggested to the owner to complete the Crime Free Multi Housing (CFMH) program. On May 2, 2009 the owner reported attending the classroom :raining on CFMH, which would satisfy the first phase of the three phases of the CFMH prograln. It was recommended to the owner that all three phases be complete and be a part of his written mitigation plan with a timeline schedule for completion included. This plan has not yet been received by thy; police department, but actions taken by the owner suggest a working progress to this plan. However, this plan still needs to be submitted in written form. Since the March 12, 2009 eviction, there have not been any calls for service to 5301 Dupont Avenue North, that would be counted under the 12 -913 ordinance. BROOKLYN CENTER POLICE DEPARTMENT TO: Curt Boganey, City Manager FROM: Kevin Benner, Commander DATE: March 10, 2009 SUBJECT: Excessive Calls for Service at 5301 Dupont Avenue North The six unit property located at 5301 Dupont Ave. N. had a notable spike in violent calls for service starting in mid February 2009. Since that time we have been in contact with the property owner, Spencer Ung, to address the issue of the increase in calls. As of the end of February 2009, the calls for service to the 5301 Dupont Ave N. property exceeded the .1i5 calls for service per unit as defined in the 12 -913 ordinance. During the past twelve months (3/1/08 to 2/28/09) there have been a total of 18 calls for service to this property, six (6) of which have been 12 -913 violations, placing this property at 1.00 calls for service per unit as of 2/28,'09. Because these calls for service have just occurred and the 12 -913 ordinance tracks the previous 12 months calls for service, the average will not be below .65 until February 2010, if no additional calf; are received. The following are the violations along with brief note of police actions taken: 8/26/08 Unit #5 Disturbance call First letter sent to owner 9/8/08 12 -911 12 -913 violation 12/3/08 B rglary -Unit #5 No arrests 12-913 violation citation issued 2/12/09 F:'ght outside complex No arrests or unit identified 12-913 violation MEMORANDUM 2/16/09 R tbbery /assault/drugs Unit #1 Tennant of #1 arrested for robbery 12-911 12 -913 violation Shatement of Facts hand delivered to owner 2/20/09 2/18/09 CP: Boie spoke with owner. Owner attempted a mutual termination of lease with unit #1, tenant declined. Cc: 2/24/09 Bu. glary Unit #4 No arrests 12 -913 violation 2/25/09 Disturbance call unit #1, second violation Leiter and call mailed on 3/4/09. 2/26/09 Owner contacted CPS Boie stating that the tenant would be willingly moving out 2/28/09. 3/2/09 Owner contacted CPS Boie and informed that the tenant did not move out. Owner proceeded to file for an eviction on this date as well (court date 3/12/09 at 1000). 3/4/09 CIS Boie contacted owner to let him know of the second violation as well as the calls to his property exceeding the .65 threshold. Owner has been very cooperative wii h us to date. 3/4/09 Renter from Unit #1 arrested for outstanding warrant. While officers were on scene, renter had drug paraphernalia in the unit. 3/5/09 C'S Boie contacted the owner to apprise him of the warrant and drug paraphernalia arrest that occurred on 03/04/09 and provide a statement of facts to as: ist in eviction proceeding. There is a neighborhood meeting scheduled for 3/11/09 at 1830 at the request of the neighbors due to the incr in police cars at the 5301 Dupont Ave. N. building. Mr. Ung has also agreed to attend the meeting. In review of all the calls for service, all the identified nuisance calls have a direct relation to unit #1, except for 3ne call. SGott Bechthold, Chief of Police Kennedy Graven April 30, 2009 Offices in Minneapolis Saint Paul St. Cloud Mr. Spencer is ng 6019 68 Avenue North Brooklyn Park, MN 55429 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer Re: Rental Property at 5301 Dupont Avenue North, Brooklyn Center, MN Dear Mr. Ung CHARLES L. LEFEVERE Attomey at Law Direct Dial (612) 337 -9215 Email: clefevere kennedy- graven.com I represent the City of Brooklyn Center, Minnesota as legal counsel. By letter of April 2, 2009, from City Clerk Sharon Knutson (a copy of which is attached), you were advised that the above referenced prc perty would no longer be eligible for a regular license because of the number of police or fire calls occurring at that property from April 1, 2008 to March 31, 2009. By letter dated April 16, 2009, from you to the City Manager, you requested a hearing on the non renewal of the regular license for the subject property. The purpose c f this notice is to advise you that the requested hearing will be held at the regular meeting of the Brooklyn Center City Council on May 11, 2009. The meeting begins at 7:00 p.m. The City Council meets in the Council Chambers at City Hall, 6301 Shingle Creek Parkway, Brooklyn Cen er, MN. You may address the City Council on this matter at that time if you wish. Very truly yours, 351123v1 CLLBR291 -4 Charles L. LeFevere CLL:peb Enclosure cc: Curt Boganey (w /enc.) Sharori Knutson (w /enc.) Scott 1kchthold (w /enc.) Kevin Benner, Commander (w /enc.) April 16, :!009 Rpr 19 09 12:30a p 2 Ung Propi;rt.ics, LLP Spencer L ng 6019 68" Ave N Brooklyn Park, MN 55429 City of Brooklyn Center Office of he City Clerk 6301 Shingle Creek Parkway Brooklyn Center., MN 55430 Re: NOTICE OF INTENT NOT TO RENEW LICENSE, Dear City Manager, Ung Properties, LLP would like to object to the non renewal of the regular rental license and have 1 his matter reconsidered on a future date and time set forth by the city clerk. The exceeding of the .65 number of calls per unit was isolated to one unit on the property. Ung Properties takes an active role in managing the property. In fact, even prior to the notice of the .65 call violations, Ung Properties had notified the one isolated unit that they would be evicted if they did not voluntary move out. The number of violations occurred between the notice of eviction and eviction court date. Ung Proprties, LLP would like to keep the regular rental license it currently holds. Thank yoii, li L Spencer L'ng Landlord 612.532.7816 er City of Brooklyn Center A Millennium Community April 2, 2009 OTICE OF INTENT NOT TO RENEW LICENSE Mr. Spencer Ung 6019 68 Ave N Brooklyn Park MN 55429 RE: Rental Property At: 5301 Dupont Ave N, Brooklyn Center, MN Dear Mr. Ung Office of the City Clerk Sharon Knutson, MMC City Clerk The regular rental license for the property described above will expire on May 31, 2009. You are hereby notified that the Brooklyn Center City Manager will recommend to the City Council that the regular rental license for the above address not be renewed. The licensing of rental dwellings in the City of Brooklyn Center is governed by Brooklyn Center City Code Sections 12 -900 through 12 -1401. Under City Code, there are two kinds of rental housing licen5 es regular and provisional. At the time of license renewal, and each six months during the licmse term, an evaluation is made to determine whether a licensee is eligible for a regular license The City's rec Ards show that the licensed premises listed above had an average of 1.00 police or fire calls per dwelling unit in the one -year period from April 1, 2008, to March 31, 2009. Because the average number of calls per unit exceeds .65 in the one -year period noted above, the City Manager has determined that the premises are eligible only for a provisional license. Accordingly, the City Manager will make his recommendation not to renew the regular license at a regular City 0 uncil meeting of May 11, 2009. City Code pro vides that no final decision may be made not to renew a license until the licensee has had an opport anity for a hearing before the City Council. If you were to have the City Council consider the question whether to renew your regular license, you must give written notice requesting a hearing to the City Manager. Notice must be received in the City Manager's office at the address listed in the letterhead of this letter, no later than 4:30 p.m. on Monday, April 20, 2009. If such notice is received by the City Manager, the matter will be removed from the City Council agenda and you will be given notice of the date, time, and place of the hearing. The hearing will be held to consider the non renewal of the regular rental license at the above noted address on the grounds that it is eligible only for a provisional license because the premises generated an average of .65 or more police or fire calls per dwelling unit as noted above. 6301 Shingle Creek Pi arkway Brooklyn Center, MN 55430 -2199 City Hall TDD Nur fiber (763) 569 -3300 FAX (763) 569 -3494 www.cityo fbrooklynce, Ater. org Recreation and Community Center Phone TDD Number (763) 569 -3400 FAX (763) 569 -3434 Mr. Spencer L ng Page 2 April 2, 2009 At the hearing, you may be represented by legal counsel at your expense if you wish, and you may present oral or written evidence, arguments, and information. If you do not wish to contest the non renewal of your regular rental license at a hearing before the City Council, you may apply for a provisional license. Under City Code Section 12- 913.3, you must submit a mitigation plan together with your application for a provisional license along with the required fee o $157.50 for such license. The mitigation plan must describe steps proposed by the applicant to reduce the number of police and fire calls. The Brooklyn Center Police Department is available to ar swer your questions and assist you in the preparation of your mitigation plan; please contact Becky Boie at 763 -503 -3272 for assistance. Questions reg2rding license requirements should be directed to me at 763 -569 -3306. Sincerely, Sharon Knutsc n, MMC City Clerk Enclosures .l Agenda Item lob EX City of Brooklyn Center A Millennium Community COUNCIL ITEM MEMORANDUM TO: Mayor and City Council FROM: Curt Boganey, City Manage DATE: June 3, 2009 SUBJECT: Streetlight Banner Policy Recommendation: It is recommended that the City Council consider approval/adoption of proposed resolution amending the Zity Council Code of Policies adding policy for street light banners. Background: As part of the Xerxes streetscape project, 40 banner poles were included on the installed decorative street lights. When Bass Lake Road is completed additional street lights with banner poles are plain ied. In order to assure that the banners installed conform to the objectives of the City Council and to establish guidelines for private parties interested in proposing banners on street light poles the attached Cour.cil Policy has been proposed. This policy was review at Council work sessions in April and Maly. The consensus of the Council was to proceed with policy consideration. Budget Issue,: A fee to CON er the cost of installation and removal for private parties will be considered following the adoption of the policy. Currently there is no budget for the purchase of City banners. Unless donated to purchase banners in 2009 a source of funding will have to be identified. 6301 Shingle Creek Pa -kway Brooklyn Center, MN 55430 -2199 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3494 www.cityofbrooklyncener.org Recreation and Community Center Phone TDD Number (763) 569 -3400 FAX (763) 569 -3434 adoption: ATTEST: Member introduced the following resolution and moved its RESOLUTION AMENDING THE CITY COUNCIL CODE OF POLICIES; ADDING POLICY FOR STREET LIGHT BANNERS WHEREAS, the City Council adopted Resolution No. 2006 -46 on April 10, 2006, which establis tied a City Council Code of Policies; and WHEREAS, the City Council wishes to amend its Code of Policies to add a policy on street light banners. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Council Code of Policies be and hereby is amended to add Section 2.97 attached hereto as Exhibit A to Section II of the General Policies. June 8. 2009 Date RESOLUTION NO. City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote, being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon sa id resolution was declared duly passed and adopted. RESOLUTION NO. EXHIBIT A 2.97 Policy for Street Light Banners 1. Purpof e The purpose of establishing a policy is to provide guidelines pertaining to the circum ;tances, character, location, and other standards under which the City will use its facilities to display street light banners. 2. General Provisions and Definitions The fc'lowing are general definitions of the City's three different potential banner classifi cations: A. Standard Banner Aesthetics is the main purpose of the standard banner, which shall promote the City and/or general City area. The duration for use is typically a longer period ranging from six (6) to 12 months. Standard banners shall be provided by the City and/or donated and shall not contain a logo of any type. Replacement of standard banners is generally anticipated to be needed approximately every five (5) to 10 years, depending on use and application. B. Seasonal Banner The main purpose of a seasonal banner is to promote a particular time of year. The duration for use is typically a shorter period ranging from two (2) to four (4) months. Seasonal banners shall be provided by the City and/or donated and shall not contain a logo of any type. C. Special Event Banner The main purpose of a special event banner is to promote a community event or activity. The duration for use is typically a short period of up to two (2) months. Special event banners shall be provided by the City, donated, and/or sponsored. A logo may be allowed on sponsored special event banners. The City may honor recognized special events that are held annually by reserving banner space for events such as Earle Brown Days, Dudley Nationals, Centennial Celebration, etc. Sponsored special event banners shall be funded by the sponsor prior to the installation of the banners. A fee for installation and retrieval shall be as set forth by City Council resolution. 3. Banner Eligibility A. Banners shall be used to promote certain civic activities. B. No banners with the main intent of commercial advertising or to advertise or promote religious holidays, political candidates, parties, or issues will be allowed. C. Advertising of a specific product or business will not be allowed and shall not be placed on standard or seasonal banners. RESOLUTION NO. EXHIBIT A D. The City Manager may allow a sponsor's logo on special event banners. 4. Aliowe 1 Locations A. Banner installation is allowed only on decorative street lights equipped with banner hardware in the following areas: (An exhibit will be prepared indicating these locations based on light poles that are equipped with banner hardware. Currently, the recently installed Xerxes Avenue street lights would be the only allowed locations. This exhibit will be modified from time to time as other street light poles are equipped with banner hardware, should this occur.) 5. App ro',ring Authority A. The City Manager as authorized by the City of Brooklyn Center City Council shall be the approving authority for all banner policy determinations including the approval of graphic designs of all banners and to determine banner placement within the designated area system. B. An Ad Hoc advisory committee as determined and established by the City Manager on a case -by -case basis shall review and provide recommendations for the design of all banners to the City Manager for approval. C. Appeals: If a sponsored banner design or a placement request is denied by the City Manager, the sponsoring organization may appeal this decision directly to the City Council by asking to be placed on the next available City Council meeting. D. The City Manager will develop administrative procedures for the detailed management of the banner program, which may be modified from time to time as warranted. it 1 t‘ I I t tHAVEN 1 11 5 7TH AVE1( 1 1 RROOKL treetlights with Banner Arms Xerxes Avenue North EXHIBIT B th th e sk0 •\\J I 10/ /IN 1. AI; 0 100 200 400 Feet Legend Streetlight Streetlight with Banner Arm Public Works Engineering June 4, 2009 City of Brooklyn Center City Streetlig it Banner Administrative Procedure Purpose The following administrative procedures supplement the City Council's General Policy pertaining to Streetlight Banners. Allowed Locations 1. Banners shall only be installed on City -owned poles and standards. 2. Banner installation is allowed only at approved locations equipped with existing banner mounting brackets as designated and approved by the City. 3. Banners will not be installed on any pole or standard which could create sight- distance problems for pedestrian or vehicular traffic. 4. The Street lights with Banner Arms exhibit indicating allowed banner locations must be updated as new locations are added or existing locations removed as approved by City Council. Special Event Banner Placement Special event banners may be allowed and must adhere to the following guidelines: 1. City staff will be responsible for the supervision and coordination of the placement and retrieval c f approved special event banners. 2. The City Council shall establish a charge within the City's fee schedule for the installation and retrieval of special event banners for each event. Fee scenarios shall include City staff installed, :ontracted installed and sponsor installed. 3. Installation fees will be submitted to the City before placement is permitted. Sponsorship rganization 1. Sponsors ust create their own respective original special event banner designs, subject to approval s indicated in the Council Policy. 2. Sponsors ust bear the cost of the special event banner manufacture, installation, removal and stora e, all subject to the policy requirements. Manner of Installation 1. City staff will supervise and coordinate the installation and removal of all banners. Consider tion must be given to increased staff workload and expense with any future expansio of this program. 2. Installati n must be performed by a qualified installer, subject to approval by the City Manager r designee. 3. Installatic n practices must be in strict compliance with the temporary traffic control specified in the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). Brooklyn Cent 2r Streetlight Banner Administrative Procedure Page 1 of 2 DRAFT June t, 2009 Banner Specifications Banners on decorative streetlight poles must adhere to the following specifications and /or as otherwise determined based upon a specific showing of appropriateness and adequate structural design as approved. 1. No more t'tan two (2) banners shall be installed on any decorative streetlight pole supportinf a single lighting fixture. 2. Banners rr ounted toward the street and subject to being struck by vehicular traffic must be mounted pit least 14 -ft above the road surface. Banners mounted away from the road and not subject to vehicular traffic must be mounted at least 11 -ft above the sidewalk. 3. Streetlight banners must be made of marine acrylic canvas (Sunbrella) or heavy reinforced vinyl that ;ire resistant to ultraviolet rays, mold and mildew. 4. Each banner must have two (2) double stitched reinforced hems and two (2) grommets for proper tie -down. 5. Banners shall be 27- inches wide by 60- inches high, or as other dimensions determined necessary to fit the actual banner bracket dimension. 6. Banners shall be printed on both sides of the banner fabric. Brooklyn Center Streetlight Banner Administrative Procedure Page 2 of 2 DRAFT June !i, 2009 MEMORANDUM COUNCIL WORK SESSION ITEM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: May 21, 2009 SUBJECT: Street Light Banner Policy Outline Update Council Action Required: The following provides an outline for council policy pertaining to street light banners. If acceptable, a final draft will be prepared for formal adoption. Purpose The purpo;;e of establishing a policy is to provide guidelines pertaining to the circumstances, character, ocation and other standards under which the City will use its facilities to display street light banners. General f rovisions and Definitions The follov ring are general definitions of the City's three different potential banner classificati ons: 1. Standc rd Banner Aesthetics is the main purpose of the standard banner, which shall promote the City and/or general City area. The duration for use is typically a longer period ranging from six (6) to 12 months. Standard banners shall be provided by the City and/or donated and shall not contain a logo of any type. Replacement of standard banners is generally anticipated to be needed approximately every five (5) to 10 years, depending on use and application. 2. Seasonal Banner The main purpose of a seasonal banner is to promote a particular time of year. The duration for use is typically a shorter period ranging from two (2) to four (4) month Seasonal banners shall be provided by the City and/or donated and shall not contain a logo of any type. 3. Special Event Banner The main purpose of a special event banner is to promote a comm unity event or activity. The duration for use is typically a short period of up to two (2) me nths. Special event banners shall be provided by the City, donated and/or sponsored. A logo may be allowed on sponsored special event banners. The City may honor recognized special events that are held annually by reserving banner space for events such as Earle Brown Days, Dudley Nationals, Centennial Celebration, etc. Spons gyred special event banners shall be funded by the sponsor prior to the installation of the ba iners. Banner E ligibility 1. Banners shall be used to promote certain civic activities. 2. No ba triers with the main intent of commercial advertising or to advertise or promote politic al candidates, parties or issues will be allowed. City of Broth Jyn Center Banner Policy Page 1 of 2 3. Adverti of a specific product or business will not be allowed and shall not be placed on stan lard or seasonal banners. 4. The City Manager may allow a sponsor's logo on special event banners. Allowed L rcations 1. Banner installation is allowed only on decorative street lights equipped with banner hardware in the following areas: (An exhibit will be prepared indicating these locations based en light poles that are equipped with banner hardware. Currently, the recently installe 3 Xerxes Avenue street lights would be the only allowed locations. This exhibit will be modified from time to time as other street light poles are equipped with banner hardware, should this occur.) Approvin authority 1. The Ci Manager as authorized by the City of Brooklyn Center City Council shall be the approv ng authority for all banner policy determinations including the approval of graphic: designs of all banners and to determine banner placement within the designated area sy stem. 2. An Ad Hoc advisory committee as determined and established by the City Manager on a case by case basis shall review and provide recommendations for the design of all banner 3 to the City Manager for approval. 3. Appeals: If a sponsored banner design or a placement request is denied by the City Manager, the sponsoring organization may appeal this decision directly to the City Counc {1 by asking to be placed on the next available City Council meeting. 4. The City Manager will develop administrative procedures for the detailed management of the banner program, which may be modified from time to time as warranted. Council Policy Issues: Does the City Council support the general outline for council policy pertaining to street light banners? City of BrooA lyn Center/ Banner Policy Page 2of BANNER INSTALLATION POLICY CITY MANAGER Mr. Lillehe ug presented the banner program and policy that was developed in response to completion of the street improvement projects and answered questions of the Council. He recommended an ad hoc advisory committee be created to review and provide recommendations of all bann Drs to the City Manager, who would be authorized as the approving authority for banner poli' y determinations. Staff would supervise and coordinate the installation and removal of all banners. The only appeal option would be with a sponsored banner that the ad hoc committee recommends against. The Counc it discussed the banner policy and material specifications required to assure the banners are long lasting. It was noted that Centennial Celebration banners create an anomaly because they would be displayed for six months to one year. Councilmember Roche raised the option of permanent banners for the Earle Brown Heritage Center and a banner promenade along Shingle Creek Parkway from I -694 to Bass Lake Road tying in the Heritage Center and Embassy Suites. Mr. Boganey recommended the City first start with this policy in a limited context. Once locations are expanded, or used for way finding, then staff would look at expanding the policy. With regard to the banner fee, Mr. Boganey stated it would be intended to cover the City's cost of issuance and to oversee the installation by a private group. The City C ouncil asked staff to research options for lower cost, yet durable, banner material for use in shor :-term special event banners. EMBASSY SUITES LINK UPDATE CITY MANAGER Mr. Bog ey informed the Council that Seth Oliver, representing the owners of the Embassy Suites Hot 1, had indicated they are unable to continue the lease of the D Barn for a Spa or complete t. a link due to cost overruns. He advised that staff met with Mr. Oliver and engaged Springsted to review factual financial data with respect to the project cost and overruns. The result of t1 t analysis indicated if the developer was required to build the link, it would reduce their r e on investment by 1 /10 of a percent over the life of the bankrupt project t p ro) ect but would not bankru the partne ship. Given that information, staff did not believe it could recommend a three -year delay, as being requested. Mr. Boganey advised that staff felt there needed to be some commitme t based on the ten -year lease since the City lost a tenant and spent $50,000 to improve a building to relocate a tenant. Mr. Bog ey advised that .staff developed a counter proposal to not build the link if the developer elinquishes rights to Phase 2 land which staff believes has equal or greater value to the EDA an the tax abatement should the developer be found in default of building the link. He stated nce the developer analyzes the counter proposal, they may decide they can afford to build the li nk. 04/27/09 -2- i 1 1 MEMORANDUM CITY COUNCIL WORK SESSION DATE: April 24, 2009 TO: FROM: Curt Boganey, City Manager Gary Eitel, Director of Business and Development !fig• Steve Lillehaug, Public Works Director /City Engineer SUBJECT: Review of a draft banner program and policy relating to the City's streetscape improvements projects. COUNCIL ACTION REQUESTED: Provide direction to staff regarding the banner program and policy. BACKGROUND: The Xerxes I improvemen completed it from Highw and adjacen provide an Attached is a copy of the draft streetlight banner policy for your review. ve. Street Improvement Project, the first phase of the overall streetscape its planned for the Bass Lake Road /Brookdale Mall commercial area was i 2008. The project included the installation of 40 decorative street lights y 100 to Northway Drive. The 24 street lights on the east side of Xerxes Ave. to the Brookdale Mall were designed to include banner brackets that would pportunity for the City to consider options for a future banner program. The design concept for the Bass Lake Road from Brooklyn Boulevard to Hwy 100 includes the followin additional street lights: 6 street lights within the boulevard area of this county roadway S street lights within the median of this divided roadway The Public 1Vorks Department has previously researched and assembled the attached research report on information relative to the acquisition of banners and equipment, available options in banner materials, color graphic options, costs associated with installation and projected budget expenses over a 10 year period. This information and examples of how other communities have used banner programs to identify their business community; added color and interest to their public right of way corridors; and publicizes events, activities, and community attractions have been used in the develor ment of a street light banner program for the Xerxes Ave. commercial area and future planning of the Bass Lake Road commercial corridor. City of Broc klyn Center April 27, 2009 City Street' ght Banner Policy Purpose Streetlight b nners have been used extensively as a tool to promote the City, enhance streetscape improvemen and promote special events, seasons or celebrations. it is the purpose of this policy to provide guid lines pertaining to the circumstances, character, location and other standards under which the City will se its facilities to display such streetlight banners. It is recognized that the use of streetlight poles to disp ay banners for these purposes can be beneficial to all parties and promote a better Citywide self •image. The City has adopted and applies these policies and procedures to assure that the quality of Brooklyn Center's civic life is enhanced and preserved as follows: To complement the aesthetic appearance and improvement of certain central points, areas or mair, corridors in Brooklyn Center. To support the image of an economically vital, active and flourishing City. To irtroduce color and a sense of excitement. To a;sist in the promotion of cultural and civic events or themes reflecting general community Intel est. To sUpport and promote special events, bringing increased attention and awareness to the City. To create an effective administration process to•marrage -a high quaiityrnunicipal- banneer_ program. General Provisions and Definitions Only those treetiight banners approved by the City Manager or designee that are in compliance with this policy a d for the aforementioned purposes may be installed within the public right -of -way. The following ar general definitions of the City's banner classifications: 1. Standard Banner Aesthetics is the main purpose of the standard banner, which shall promote the City and/or general City area. The duration for use Is typically a longer period ranging from six (6) to 12 months. Standard banners shall be provided by the City and /or donated and shall not contain a logo of ny type. Replacement of standard banners is generally anticipated to be needed approxi ately every five (5) to 10 years, depending on use and application. 2. Season l Banner The main purpose of a seasonal banner is to promote a particular time of year. The dui ation for use is typically a shorter period ranging from two (2) to four (4) months. Seasonal banner- shall be provided by the City and /or donated and shall not contain a logo of any type. 3. Special Event Banner The main purpose of a special event banner is to promote a community event c r activity. The duration for use is typically a short period of up to two (2) months. Special event banners shall be provided by the City, donated and /or sponsored. A logo may be allowed on sponso -ed special event banners. The City may honor recognized special events that are held annually by reserving banner space for events such as Earle Brown Days, Dudley Nationals, Centennial Celebration, etc. Sponsored special event banners shall be funded by the sponsor prior to the installation of the banners. r Banner Eligibility 1. Allowable banner types include those used for civic activities identifying certain geographical boundarhs of schools, not for profit institutions and distinct city areas. 2. Banners r vitl be allowed on the poles adjacent to and bordering the institution, area or neighbor ood in all or parts of these distinct City areas. 3. No Bann rs with the main intent of commercial advertising or to advertise or promote political candidat s, parties or issues will be allowed. 4. Advertise g of a specific product or business will not be allowed and shall not be placed on standard or seasor al banners. 5. The City. Manager may allow a sponsor's logo on special event banners. Allowed Locations 1. Banners shall only be installed on City -owned poles and standards. 2. Banner installation is allowed only at approved locations equipped with existing banner mounting brackets as designated and approved by the City. 3. Banners shall not be installed on any pole or standard which could create sight- distance problems for pedestrian or vehicular traffic. 4. Banner installation is allowed only on decorative streetlights in the following areas (see Exhibit A). Banner Information and Design Content 1. Banner esigns sho ld be amisti th nature, ally representing the subject anti" purpos of the specified event or motif. 2. Banne may include text for dates, activities, logos and /or title of the event. 3. The gra hic design of all banners shall be reviewed and recommended by an Ad Hoc advisory Comm' :ee established by the City Manager or designee in accordance with the banner policy guidelines set forth in this policy. 4. Banner shall be printed on both sides of the banner fabric. Special Event Banner Placement Special event banners may be allowed and must adhere to the following guidelines: 1. City staff shall be responsible for the supervision and coordination of the placement and retrieval of approv .d special event banners. 2. The Cit' Council shall establish a charge within the City's fee schedule for the installation and retrieval of special event banners for each event. Fee scenarios shall include City staff installed, contracted installed and sponsor installed. 3. Installation fees shall be submitted to the City before placement is permitted. Sponsorshi Organization 1. Spons red special event banners must follow the established guidelines as pertains to the standard banne 2. Spons rs must create their own respective original special event banner designs, subject to approval as indicated below: 3. Spons rs must bear the cost of the special event banner manufacture, installation, removal and storag, all subject to the policy requirements. Manner of In ttallation 1. City staff will supervise and coordinate the installation and removal of all banners. Consideration must be iven to increased staff workload and expense with any future expansion of this program. 2. Installation must be performed by a qualified installer, subject to approval by the City Manager or designee 3. Installation practices must be in strict compliance with the temporary traffic control specified in the Minneso a Manual on Uniform Traffic Control Devices (MMUTDC). Banner Specifications Banners on decorative streetlight poles shall adhere to the following specifications and /or as otherwise determined ased upon a specific showing of appropriateness and adequate structural design as approved (s a below and Exhibit B). 1. No more than two (2) banners shall be installed on any decorative streetlight pole supporting a single lighting fixture. 2. Banners mounted toward the street and subject to being struck by vehicular traffic must be mounted at least 14 -ft above the road surface. Banners mounted away from the road and not subject to vehicular traffic must be mounted at least 11 -ft above the sidewalk. 3. Streetlight banners shall be made of marine acrylic canvas (Sunbrella) or heavy reinforced vinyl that are_ resistant to ultravioiet_rays, mold and mildew. 4: Eachliat shall have ti(2) dbuble stittheil reinforced hems and two grornineti forproper tie- dowr`i. 5. Banners shall be 27- inches wide by 60- inches high, or as other dimensions determined necessary to fit the a tual banner bracket dimension. Approving authority 1. The City Manager as authorized by the City of Brooklyn Center City Council shall be the approving author' y for all banner policy determinations including to approve the graphic designs of all banner and to determine banner placement within the designated area system. 2. An Ad E oc advisory committee as determined and established by the City Manager on a case by case ba is shall review and provide recommendations for the design of all banners to the City Manag r for approval. 3. Appeal If a banner design or a placement request is denied by the City Manager, the sponsoring organiz tion may appeal this decision directly to the City Council by asking to be placed on the next availab a City Council Meeting. City Point f Contact The City's banner program shall be managed by the City as designated by the City Manager. MEMORANDUM TO: Steve Lillehaug, Director of Public Works FROM: David Peterson, Deputy Director of Public Works DATE: February 11, 2009 SUBJECT: Xerxes Avenue from Highway 100 to Northway Drive Light Pole Banner Information In 2008, a n Vw street and trail lighting system was completed along Xerxes Avenue from Highway 100 to North way Drive. 40 poles were installed along the roadway, 24 that include banner attachment points. The oles with banner arms are located on the east side of Xerxes south of Bass Lake Road. No banners ave currently been purchased or installed. Staff' has obtained information and evaluated banner opti ns for consideration. This information was obtained from nine other cities and six banner manufactur and is summarized below. Also attached are staff research notes and details. 1. tity 24 Poles on Xerxes Avenue currently have banner attachment points 2.:. R er Options., Material: ViinyI and fabric are available. Background color, design colors and fading potential are key determining factors in product selection. J. Color Banners typically can be designed using one to four different colors. e. Design A theme or design would need to be developed, and then these would be submitted to banner manufacturers for final design and approval. d. Sponsorship Names of sponsoring businesses or group /individual could be imprinted on or attached to the banner as an option. 3. Life Expectancy Banners typically last 10 years if taken down seasonally. Banner life may be Fhorter if left up year round, depending on colors and fading effect. 4. Cart a. Material The cost of a banner typically ranges from approximately $40.00 to $105.00 each. Total material cost for 24 banners ranges from $960 to $2,520. b. Installation Labor and equipment would consist of three staff members, traffic control and an aerial truck. It would take approximately eight hours to install or take down the banners, amounting to approximately $1,458 per install or takedown. c. 10 -yr Cost (approximate estimate) i. One Banner season 10 years $31,260 ii. Two Banner season 10 years $50,041 iii. Three Banner season 10 years $64,621 iv. Four Banner season 10 years $66,722 5. Or er/Delivery Time Order and delivery time takes approximately two weeks to four w ks. 6. F ding A funding source has not been identified for this project The General fund, an as >essment, business association service fee, charitable contribution or a sponsorship pr )gram are several potential funding sources. Decorative improvements do not qualify for T. LF. funding, so would not be an option. 7. B. er Policy Staff recommends developing a policy that would outline the different b er implementation elements (funding, sponsorship options, banner options, etc.) should th City decide to implement a banner program. Light Pole Banner Research Summary, February 13, 2009 r Light Pole )Manners Detailed Research Information February 11, 2009 There are 40 new decorative street lights along Xerxes. We currently have 23 poles with the cap to hang a single Banner on each We would have 24 but ian auto accidenttook -one of those poles own earlier this winter. If the replacement pole has the banner mounts on it we will have a t tat of 24. The remaining 16 poles have the capability of mounting the banner arms, but are gen .rally in locations where we wouldn't locate banners (e.g. intersections). The 24 pole; stand along the east side of Xerxes Ave between County 10 and Highway 100 ramp. Thera are 10 poles between County 10 and 56 Ave, 10 poles between 56 Ave and 55 Ave and 4 poles between 55 Ave and highway 100 ramp. I tried to contact a variety of cities near Brooklyn Center and around the metro to find out informatiorabout their banner programs, if they had one. _,The cities. included: Anoka,,Brooklyn Park, Champlin, Rogers, Egan, Edina, Burnsville and the City of Grand Rapids in northern Minnesota. I did not receive calls back from Cha pain, Anoka or Rogers. The city of Edina has a program near the 50th and France are that is primarily funded and controlled by the local business. The city allowed the pro ram but has no responsibility as far as maintenance or funding. For the purpose of thi research I've left them out along with the other cities that did not respond back. It b came apparent to me that after talking with Brooklyn Park, Burnsville and Grand Ra ids that the biggest issue with the banner program as far as maintenance went was th wear and tear that the arms take over the course of time. Their banner mounts are eit ier threaded in or are banded on the Tight poles. Wind and climate changes along wii h salt and other natural factors cause the mounting systems to loosen or break over time. I explained to them how our mounting arms slide through the pole and fasten tight on both sides of the pole. The response I heard was that we wouldn't have as many, if any, issues that they endured with the set up we have. I asked th remaining cities about their time spent installing the banners, how many workers were needed and the type(s) of equipment needed to perform the tasks. Brooklyn Park told me that their banners were installed by a contractor and that they could not say for sure what equipment or how many workers it took. Burnsville, on the other hand, has been installing banners for at least ten years. i spoke with Dave Grommesch who personally handles the installation. They use an aerial leINEMMINIMMII Light Pok. Banner Research Info, February 11, 2009 Page 1 r bucket (single) with one worker in the bucket and a driver. The driver also assists from the ground when needed. They use a shadow vehicle equipped with a message board or arrow board for traffic control. They also use traffic cones and temporary traffic signs such as 'utility work ahead' or 'road work ahead' wherever needed. Dave said they can `genera[ly put up 70 -100 polls in a "Week That Includes installing banners and wreaths on each poll for the winter themes or banners and hanging basUts with plants for summer themes. He thought that with our set up and only installing banners we would be able to put up 24 in one day. Grand Rapids ended up being very similar to Burnsville in their installation process. The one najor difference from Burnsville is the size or their banner program. They often use mor than one crew and more equipment at the same time. They also install the banner and asket combinations on their light poles but not always the same combination eve ywhere in the city. What each :ity thought of the materials they use, the longevity of them and costs they paid. Bro klvn Park went with vinyl banners purchased from Northcott Banner. They said the6 verage cost was approx. $70 a banner. They chose the vinyl because they were afraid of the fading possibilities of a fabric based banner. They have never taken their banners down. Bur sviHe uses fabric based banners and told me they have lasted 10-12 years on ave ge with some minimal fading. Dave told me that it's a gradual fade that almost no ody notices. He said he can tell because he still has new banners to compare them to. Burnsville changes banners seasonally so each banner is never up year round. He couldn't give me a price but said they purchased their banners through Mainstreet Design. I called Main Street Design and they quoted me approx. $70-80 for a 3- colored screen printed fabric sign. Grand Rapids, again was very similar to Burnsville. The differences being that Grand Ra ids use both vinyl and fabric based banners. I spoke with the Public Works Director, Je r Davis. He said that each type of banner has about the same lifespan, most have lasted 10 years or so. They went with vinyl banners for some of their installations be :ause the white background made design and color "Pop" more than a fabric banner w uld. He suggested that this would be the only reason to use vinyl banners. They reeived various samples from different manufacturers and, like Burnsville; Davies chose Light Pole Banner Research Info, February 11, 2009 Page 2 the banner from Mainstreet Design because the vinyl was made with better quality for about the same price as the other vinyls. These are the companies that I contacted for material choices, costs, and availability /delivery time. Munic pal Banners, Mainstreet Design, Protect Graphics, Custom. Banners and Northcott Banners. Municipal Banners strictly deals with 13oz. gloss vinyl banners that have a mesh filled center between 2 pieces of vinyl. All their banners are digitally printed on front and back. The two sides can be different designs at no extra charge. We can design the banners in a program such as photo shop and send it to them or they can work with us and their design center will create the banners at a rate of $65 /hr. From the start of the proj it would take approximately 2 weeks for the banners to be delivered. Cost breakdown- 30 banners $67 /ea. 40 banners $56 /ea. 50 banners $51 /ea. *For a different amount they said to let them know and they could give us an approximate cost. Mainstreet Design They are located in Ramsey, MN. Main Street design generally woi ks with 2 materials for banners. One is a marine fabric called Sunbrella, a woven col red yarn, and the other is an 18oz. vinyl. According to them the Sunbrella will last Ion er than the vinyl but will endure some fading. The Sunbrella banner uses a screen pri ting process where the vinyl is digitally printed. They can have banners ready and del vered in approximately 2 -3 weeks. If we were in a rush they said something could be wo ked out to get them sooner. Cost Breakdown- There is not a real difference in price between the two materials depending on the complexity of the sign. Digital images on vinyl banners are usually made with many colors where as the typical Sunbrella banner is usually screen printed with 2 -4 different colors. Their art specialists would work with us to produce the banner we like at no additional cost. They would then have samples for us to preview before we made a final decision. Light Pole Banner Research Info, February 11, 2009 Page 3 Vinyl Sunbrella 25 2 ink banners $85 /ea. 25 2 ink banners $73 /ea. 50 2 it k banners $78 /ea. 50 2 ink banners $66 /ea. Project Graphics is a company based out of Connecticut. They use a local company called Northern Lights Disolav in Eden Prairie as their regional representative. Project Graphics works with the customer (City) to start a sponsorship program to go along with their banner program. Essentially it allows for business or private residents to have their namr; placed on or below an individual banner at a cost determined by the city. This prog am reflects the pride an individual or business takes in the beautification of the city z.nd its banner program. If the program is successful it will not only pay for itself but acquire enough funds to pay for other uses. Project Graphics also uses the Sunbrella and vinyl banners. We can design our own artwork or they will do it at no additional char ;e. Their process from start to delivery is approximately 1 month. Cost Breakdown- For the purpose of getting a cost quote I gave them a 40 banner courit to work with. Vinyl Banners Sunbrella Banners 40 1 ink banners $40 /ea. 40 -1 ink banners $55 /ea. 40 3 ink banners $62.85/ea. 40- 3 ink banners $79.50/ea. 40 Sponsor slices $40 /ea. 40 Sponsor slices $40 /ea. *Project Graphics along with Northern Lights Disolav sent me material that further discuss their banners and their programs .(separate information) Custom Banners Is located in Reedsburg, WI. They also use the Sunbrella and Vinyl banners. With our input they will have a minimum of 3 options for a design ready in abcut 2 -3 days. After a final design is picked it would take approximately 1 -2 weeks for delivery. Light Pole 13anner Research Info, February 11, 2009 Page 4 Cost Breakdown- For both types of banners there is a set up fee. The Sunbrella fee is $260 nd the vinyl fee is $80. For lighter Sunbrella colors a piece of material must be sewn in between fabric so colors do not show through the other side and will incur a 10% charge. Vinyl Sunbrella 25 2 ink banners $105 /ea. 25 2 ink banners $104/ea. 51 2 ink banners $96 /ea. 50— 2 ink banners $91 /ea. Northcott Banners Is located in Minneapolis, MN. They work only with the 18oz. vinyl for their outdoor banners. We would provide the art work in photo shop or their art desit ners can do the work for $77 /hr. Once the art work is finalized the process would take approkiinateir-2- weeks for det ery T Cost Breakdown- For the purpose of a quote I asked Northcott to price out 24 banners on bath sides. For 4 color printing they quoted approximately $104.29/ea. COA TACTS Municipal Banners Robyn 1- 800 -423 -4371 Mainstreet Desien Rich 763 -493 -9120 Pro'ect Graphics Jennifer 1 -800- 655 -7311 Northern Lights Dispj Cheryl 1 -877- 974 -3205 Custom Banners Carolina 1- 800 274 -7001 Noi thcott Banner Millie 612- 722 -1733 Light Pole Banner Research Info, February 11, 2009 Page 5 City Council Agenda Item No• lOc TO: FROM: DATE: SUBJECT: Recommendation: Background: Budget Issue,: COUNCIL ITEM MEMORANDUM Curt Boganey, City Manager Sharon Knutson, City Clerk �u w L �J June 1, 2009 An Ordinance Amending Section 1 -265 of the City Code of Ordinances Relating to Registration of Dangerous Dogs It is recommended that the City Council consider approval of first reading of An Ordinance Amending Section 1 -265 of the City Code of Ordinances Relating to Registration of Dangerous Dogs and set second reading and Public Hearing for July 13, 2009. The ordinance amendment is a housekeeping change. In the 2008 Legislative Session, Chapter 325 —S.F. No. 2876 passed relating to changing provisions regulating dangerous dogs (Minn Stat. 347.51, 5ubd. 2). One of the changes made was to increase the amount of the surety bond payable to an:7 person injured by the dangerous dog from $50,000 to $300,000. Section 1.265 (2)(b) of the C ity Code of Ordinances outlines the surety bond requirements. It is recommended to be consistent with State Law and the requirements for the surety bond and increase the amount from $50,000 to $300,000. There are no 1 udget issues to consider. Notice is hereby given that a public hearing will be held on the 13th day of July, 2009, at 7 p.m. or as soon they :after as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an O rdinance Amending Section 1 -265 of the City Code of Ordinances Relating to Registration of Dangerous Dogs. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Plea:;e contact the City Clerk at 763 -569 -3300 to make arrangements. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 1 -265 of the City Code of Ordinances is hereby amended in the following manner ATTEST: CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1 -265 OF THE CITY CODE OF ORDINANCES RELATING TO REGISTRATION OF DANGEROUS DOGS Section 1 -265. REGISTRATION. 2. Certificate of Registration. The City Manager will issue a certificate of registration to the owner of a potentially dangerous or dangerous dog if the owner presents sufficient evidence that: b. in the case of a dangerous dog only, a surety bond to be held by the City Clerk has been issued by a surety company authorized to conduct business in this state in a form acceptable to the City Clerk and the City Attorney in the sum of at least $300,000 $50000, payable to any person injured by the dangerous dog, or a policy of liability insurance has been issued by an insurance company authorized to conduct business in this state in the amount of at least $300,000 $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog; Section 2. This ordinance shall be effective after adoption and thirty days following its 1( gal publication. Adopted this day of 2009. City Clerk Date of Publication: Effective Date (Strikeout indi gates matter to be deleted, underline indicates new matter.) Mayor MINNESOTA STATUTES 2008 347.51 347.51 DANGEROUS DOGS; REGISTRATION. Subdivision 1. Requirement. No person may own a dangerous dog in this state unless the dog is registered as provided in this section. Subd. 2. Registration. An animal control authority shall issue a certificate of registration to the owner of a dangerous dog if the owner presents sufficient evidence that: (1) a pro per enclosure exists for the dangerous dog and a posting on the premises with a clearly visible warning sign that there is a dangerous dog on the property, including a warning symbol to inf )rm children; (2) a sure ;ty bond issued by a surety company authorized to conduct business in this state in a form acceptable to the animal control authority in the sum of at least $300,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company autl.orized to conduct business in this state in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog; (3) the o Amer has paid an annual fee of not more than $500, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section; and (4) the o caner has had microchip identification implanted in the dangerous dog as required under section 347.515. Subd. 2a. Warning symbol. If an animal control authority issues a certificate of registration to the owner of a dangerous dog pursuant to subdivision 2, the animal control authority must provide, for p Dsting on the owner's property, a copy of a warning symbol to inform children that there is a dan;;erous dog on the property. The warning symbol must be the uniform symbol provided by the commissioner of public safety. The commissioner shall provide the number of copies of the warning symbol requested by the animal control authority and shall charge the animal control authority the actual cost of the warning symbols received. The animal control authority ma) charge the registrant a reasonable fee to cover its administrative costs and the cost of the waning symbol. Subd. 3. Fee. The animal control authority may charge the owner an annual fee, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section. Subd. 3a. Dangerous dog designation review. Beginning six months after a dog is declared a dangerous d og, an owner may request annually that the animal control authority review the designation. l'he owner must provide evidence that the dog's behavior has changed due to the dog's age, net tering, environment, completion of obedience training that includes modification of Copyright 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2008 347.51 aggressive be havior, or other factors. If the animal control authority finds sufficient evidence that the dog's behs ivior has changed, the authority may rescind the dangerous dog designation. Subd. 4. Law enforcement; exemption. The provisions of this section do not apply to dangerous do as used by law enforcement officials for police work. Subd. 5. Exemption. Dogs may not be declared dangerous if the threat, injury, or damage was sustainec by a person: (1) who was committing, at the time, a willful trespass or other tort upon the premises occupied by 1 he owner of the dog; (2) who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatec'ly, in the past, provoked, tormented, abused, or assaulted the dog; or (3) who was committing or attempting to commit a crime. Subd. 6. [Repealed, 1 Sp2001 c 8 art 8 s 30] Subd. 7. Tag. A dangerous dog registered under this section must have a standardized, easily identifiable thg identifying the dog as dangerous and containing the uniform dangerous dog symbol, affixed to the dog's collar at all times. Subd. 8. Local ordinances. A statutory or home rule charter city, or a county, may not adopt an ordinance regulating dangerous or potentially dangerous dogs based solely on the specific breed of the Ilog. Ordinances inconsistent with this subdivision are void. Subd. 9. Contracted services. An animal control authority may contract with another political subc ivision or other person to provide the services required under sections 347.50 to 347.565. Not withstanding any contract entered into under this subdivision, all fees collected under sections 347.50 to 347.54 shall be paid to the animal control authority and all certificates of registration must be issued in the name of the animal control authority. History: 1988 c 711 s 2; 1989 c 37 s 6 -10; 1991 c 195 s 1; 1994 c 550 s 2; 1997 c 187 art 3 s 32; 1Sp2001 c 8 art 8 s 16 -18; 2008 c 325 s 3 -7 Copyright 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. C ity Council Agenda Item 1Od 3 City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal Support Services DATE: 3 June 2009 SUBJECT: 2008 Comprehensive Annual Financial Report (CAFR) Recommeridation: It is recommended that the City Council adopt a resolution accepting the 2008 Comprehensive Annual Financial Report. Background: Last Monday evening the City Council and Financial Commission met in a joint working ses;ion to hear from Jim Eichten of Malloy, Montague, Karnowski, Radosevich Co., the City's auditors, about the results of their audit of our financial statements for the period ended 31 December 2008. This assembly of financial statements and data is known as the Comprehensive Annual Financial Report or 2008 CAFR. During the session Mr. Eichten reviewed the purpose of the audit pr)cess and the results of his firm's work on the 2008 CAFR review. First, and most importantly, the City received an unqualified opinion on the presentation of the 2008 financ al information, also known as a clean opinion. This indicates that the accounting and reporting systems for the City of Brooklyn Center conform in all material aspects to the regulations and practices of the Government Finance Officers Association, the Government Accounting Standards Board, and generally accepted accounting principles. Supplemental opinions on Legal Compliance with State of Minnesota regulations and Internal Control and Operational issues revealed some adjustments that should be made to our financial data collect on and reporting system. In addition, several comments were made about the City's system of i ternal controls over financial transactions that will be addressed in 2009. The comments/ endings can be summarized as follows: Ch nges should be made in the separation of duties for payroll transactions. Mai agement staff should regularly review and sign off on bank reconciliations and payroll transactions. Internal control procedures and practices should be documented in written form to assfre consistent application and compliance. Eligibility for post employment benefits should be documented through a verifiable source Comments n►hich were required to be reported but which have already been dealt with are: A system should be developed to conduct verification of water meter readings. Capital Assets should be monitored carefully as there was a prior period adjustment. In all, we believe the 2008 CAFR preparation and audit went quite well for Brooklyn Center. The information in the report reveals a City in good financial condition that should continue to monitor itself carefully to insure its continued fiscal responsibility. The attached resolution ratifies the work done by City staff and accepts the 2008 CAFR, Audit Opinion, and related materials. its adoptior.: ATTEST: 8 June 2009 Date Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ADOPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2008 WHEREAS, the City of Brooklyn Center is required by State Statute and City Chartc r to annually produce financial statements for submission to the Office of the State Auditor by June 30 each year; and WHEREAS, the City of Brooklyn Center is required to provide an auditor's opinion as to the representations in the annual financial statements; and WHEREAS, the financial statements have been audited by the independer. t CPA firm of Malloy, Montague, Karnowski, Radosevich Co., P.A. as required; mid WHEREAS, Malloy, Montague, Karnowski, Radosevich Co., P.A. opined that the general purpose financial statements present fairly, in all material respects, the financial position of the City of Brooklyn Center as of December 31, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brookly i Center that the Comprehensive Annual Financial Report for the City of Brooklyn Center for the calendar year ended December 31, 2008, and all supporting documentation, is hereby adopted as the official financial record for the 2008 fiscal year. Mayor City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon v ote being taken thereon, the following voted in favor thereof: and the fol .owing voted against the same: whereupon said resolution was declared duly passed and adopted. AGENDA CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION June 8, 2009 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. ACTIVE DISCUSSION ITEMS Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. Code Enforcement Update City Manager 2. Brooklyn Blvd Tree Depletion Report City Manager PENDING LIST FOR FUTURE WORK SESSIONS June 1. Rental Ordinance Amendments 2. Robbinsdale School District Elementary School 3. 2010 Budget Preparation Process 4. Super America Security Final Report 5. Watershed Annual Budget Review July /August 1. Strategic Plan Goals Outcomes Success Measures 2. TIF Districts Update a. Brookdale Mall Update 3. 57th and Logan Update 4. Bass Lake Road Update 5. Administrative Fines Update 6. Walking Tours EBHC 7. Crime Mid -Year Report Later /Ongoing 1. Strategic Outcome Reports 2. Department Year End Reports 3. Legislative Update 4. Community Schools Update 5. 2011 Brooklyn Center Celebration Status Report 6. Center Pointe Apartments Update 7. Neighborhood Designations 8. Utility Rate Changes 'on Agenda Item No. 1 Work Session g MEMORANDUM COUNCIL WORK SESSION DATE: June 8, 2009 TO: Curt Boganey, City Manager 1P5 FROM: Vickie Schleuning, Assistant City Manager/Director of Building Community Standards SUBJECT: Update Regarding Neighborhood Preservation Initiatives COUNCIL ACTION REQUIRED To review the implementation plan and progress for various neighborhood preservation initiatives such as proactive neighborhood property maintenance sweeps, public service requests, and vacant building program. To obtain feedback from the City Council regarding activities, priorities, and time frames. BACKGROUND In the past couple of years, numerous changes have been made to city regulations, programs, and operations aimed at preserving and enhancing the condition of residential neighborhoods. Several factors were taken into consideration during each process such as City Council goals; expectations of Council, citizens, and management; community needs; other active or pending city initiatives; workload levels; legal parameters; and funding sources. A brief summary of the implementation plans and progress will be presented. COUNCIL POLICY ISSUES Do the neighborhood programs and initiatives align with the City Council goals to "Stabilize and improve residential neighborhoods" and "Having a safe and secure comet unity." Work Session Agenda Item No. 2 MEMORANDUM COUNCIL WORK SESSION ITEM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works 51' DATE: June 4, 2009 SUBJECT: Brooklyn Boulevard Tree Depletion Update Council Action Required: The following information provides an overview pertaining to the depletion of trees along Brooklyn Boulevard north of I -694. No action is required. Background: At the March 23, 2009 Regular Council meeting, Councilmember Roche inquired about the replacement of several trees along Brooklyn Boulevard north of 69 Avenue in the proximity of Culvers. Staff evaluated the area's trees to determine which trees were missing and needed to be replaced but discovered that a significant amount of trees no longer existed in the area. In 2000, the City and County proceeded with a streetscape project along Brooklyn Boulevard that included installation of boulevard trees. Approximately 270 trees were planted along Brooklyn Boulevard north of 1-694 to the northerly City limits. Staff inventoried trees on May 1, 2009 and determined that approximately 25% were missing due to several factors including mortality, damage due to vehicles and snow plows, some trees may never have been planted due to sight line issues and other conflicts, and other unknown factors. Additional information will be provided to you at the council work session that evaluates and details potential reforestation options for Brooklyn Boulevard. Council Policy Issues: Does the City Council support pursuing a sustainable reforestation project/program along Brooklyn Boulevard? City of Brocklyn Center (Brooklyn Boulevard Tree Depletion Update TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works ,11„... DATE: June 8, 2009 SUBJECT: Brooklyn Boulevard Tree Depletion Evaluation In approxi: nately 2000, the City and County completed a streetscape project along Brooklyn Boulevard from 65 Avenue to the northerly City limits that included planting more than 200 boulevard trees. Staff recently performed an inventory based on the original planting plans and estima ted that approximately 25 percent of the trees that were planned to be planted are missing (se attached tree inventory exhibits). Additionally, a portion of the trees that remain are in generally poor health. In an effor to revitalize the streetscape within the County's public roadway corridor within Brooklyn Center and obtain the true picture of the planned streetscape project with sustainable and mature trees, staff presents the following options for consideration: 1. Irrigation system —A contributor to the sustainability of boulevard trees along this corrido is adequate watering. Installing an irrigation system for the boulevard area from 65 Avenue to the northerly City limits would cost approximately $175,000 (estimate based on the 2008 Xerxes Avenue project costs). 2. Replacement of missing trees There are over 60 trees missing from the original plans. Many :actors led to this number including approximately 10 trees that were most likely originallly omitted due to sight line issues. The cost to replace 50 trees is approximately $12,50 ($250 per tree). 3. Replac ement of existing trees in poor health Although we have not inventoried the trees that an in questionable and/or poor health, the removal and replacement of 15 percent of the existing trees would cost about $9,500 ($400 per tree). 4. Other uncontrollable elements It must be understood that this heavily traveled county roadway corridor is a harsh environment for trees. Other elements that these boulevard trees a-e exposed to that would be difficult to eliminate or mitigate that will continue to impact trees include roadway salt, vehicle /snow plow damage, and other natural causes. The cc st to mitigate these elements outweighs the benefit of providing a completely hazardous element free environment for tree growth. This being the case, a continued planni:ig element would consist of expanding and adding the reforestation of damaged or lost trees to the existing City reforestation program. Adding three trees annually would cost $'50. 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S.P. 109 020 -08 0/ SEE DETAIL I Y a o+EnH") UD7 OVEMK60 I 4 3 SHEET UD2 PAVING LAYOUT PLAN UD10 L 3 sgx rt.% CtL ONAA- OVERHEAD .L ;7.2=4 .y •i_e_L L. 3.00 1 DY44111EAD I t 0 10m 20m nnepin 1 CERTIFIED BY L CO 22880 GI TERED LANDSCAPE CH TECT REG NO. -SEE DETAIL f .3...tth, i 0 .,....--0, -..--0--- A 7 -87 k 1 A i D E DRAWN BY CHECKED BY D9 z uJ 0 -NR AW SEE DETAIL LAST REVISION 9-15-99, 4-26-00 2_4 .1 0 t q CP ik 0 rf HENNEPIN COUNTY PROJECT 9322 C.S.A.H. 152 S.P. 27-752-07, S.P. 109-020-08 PAVING LAYOUT PLAN -IC SHEET UD3 UD1 0 3.100 t 4 09 nneptn U08 SEE DETj4IL b r• 0 10m 20m SEE DETAIL CERTIFIED BY 4 GI'TERED LANDSCAPE A HIIECT 22880 SEE DETAIL U08 1 0 a c c:61 Ti7 REG. NO. DA E SEE DETAIL j •ouu DRAWN BY N8 CHECKED BY AW LAST REVISION 9-15 -99. 4 -26-00 -SEE DETAIL SEE DE ?AIL SEE DETAIL HENNEPIN COUNTY PROJECT 9322 C.S.A.H. 152 S.P. 27- 752 -07. S.P. 109 020 -08 PAVING LAYOUT PLAN 3 +500 p �Z 4 4 29 1 SHEET UD4 UD10 4 4 "lb 11Wt %%W 40* at IVO 0 0 0 0 N V- 01 IC3 V 0 0 0 n 0 AO Q) col c3 i3 0 0 10m 20m I s.euu r nnepin c is nI CERTIFIED BY STEREO LANDSCAPE d1I '4S DE TA I Qb UD9 O SAW i CH IJECT 22880 L7 q, REG. NO. DATE oor 0' cc a 1 i 4.Uthi DRAWN BY NB CHECKED BY AW LAST REVISION 9- 15 -99. 4 -26-00 SEE DETAIL Z z 1- 0 Q C) R0 rTh HENNEPIN COUNTY PROJECT 9322 C.S.A.H. 152 S.P. 27- 752 -07, S.P. 109- 020 -08 PAVING LAYOUT PLAN 5 e S e4- 0000 4-46 SHEET UD5 UD10 1 1 3 a 8 WELCH JUNPER 115 STELLA O'ORO DAY111:1' 3 CRUSADER HAWTHORN 4/ ssN (94 •••4 0 4 1J-ACK HILLS SPRUCE COLO '41444b11/4/ 0 10 20 2 NORWAY MAPLE N oc v/TE- 0 =Ho r?Ck,, SCALE IN METERS: (1:500) N'Aillkir,7411t.Vo.;t1Dr. 'AMVMW_c; 4 NORWAY MAPLE QTY. 17 3 23 a a 4 4 12 30 435 CERTIFIED BY 3 NORWAY MAPLE MVO 8 COMMON PURPLE ULAC r IMMC 71M A I Z611 OVA.' IVOt I mop A yr J‘11111 AK A COMMON NAME NORWAY MAPLE CRUSADER HAWTHORN AUTUMN PURPLE ASH COMMON PURPLE ULAC WELCH JUNIPER BLACK HIU_S SPRUCE COLORADO GREEN SPRUCE COLORADO BLUE SPRUCE CHAMPUN ROSE STELLA D'ORO DAYULY 1 REG ED LAN, E ARCHITECT 12 AUTUMN PURPLE ASH SOD o PLANT SCHEDULE BOTANICAL NAME Acer platanoides Crataegus crusgalll 'Cruzarn FroxInus americana 'Autumn Purple' Syringe vulgaris Juniperus scopulorum 'Weichr Picea glauca densata Picea pungens Picea pungens 'Puma' Rosa 'Champlin' Hernerocallis 'Stella D'Oro' 22880 9/15/99 REG. NO. DATE 2 AUTUMN PURPLE ASH SIZE 60 mm CAL. 40 mm CAL 60 mm CAL. 900 mm HT. 900 mm HT 1.5 m HT. 1.5 m HT. 1.5 m HT. p POT 3.8 L POT 1 ROOT 1 1 B&B B &B B&B DRAWN BY CHECKED BY LAST REVISION -2 AUTUMN PURPLE ASH B ae 138cB 81± CONT. CONT. -4 REMARKS SINGLE. QTRAIIIIHT 1 FARFR NGLE. SINGLE. c TO ijrafr 1 F AMR GTO 3 m 0.C. 1.5 m 0.C. SINGLE. CTo 1 m 0.C. 330 mm 0.C. BROOKLYN BLVD. 150 STELLA D'ORO 1 e 41 -4 MJF/NJB ACW 9/15/99. 7/07/00 5 AUTUMN PURPLE ASH MOO NOTE: 1. REFER TO TYPICAL SECTION FOR LOCATION OF TREES FROM CURBS AND R.O.W.'S, SEE DETAIL 3 ON SHEET L11. 2 AUTUMN PURPLE ASH PLANTING PLAN s■ 4 1 .1 3 4 NORWAY MAPLE CITY PROJECT 99-04 C.S.A.H. 152 S.P. 109-020-09, S.P. 109-020-10 tikte 111 lir Vi Ami A fjtj, NW. NOTES: 1. ALL PLANTING BEDS TO HAVE VINYL EDGER ON ALL SIDES NOT BORDERED BY CONCRETE OR BITUMINOUS PAVING. 2. ALL PLANTINGS SHALL BE MULCHED WITH SHREDDED W000, SEE DETAIL SHEET L15. 3. ALL TREE PLANTINGS SHALL HAVE A 2 m MINIMU14 SETBACK MUM ALL AL;L:tbS UKIVtb. 4. SOO ALL DISTURBED AREAS TO EASEMENT UIAITS. 5. AREAS NOT TO RECEIVE PLANTINGS SHALL BE SODDED. ---a 1 •t+-/ e •-iii-.Q. lac,,,te viu-ct trees pevr skape 1,..ery4- iecon. ■5 c km.veLt. OA ('tfte, SC&S) f e f c_ 13 3 7 SHEET L06 L17 PEDESTRIAN CURB RAMP COLORED CONCRETE AREA COLORED CONCRETE EDGE STRIP-. TURF- CURB GUTTER SEE ENGINEER'S PLAN 1.6 m VARIES 3.0 m 0.3 m (TYP.) R79.2 m COLORED CONCRETE BAND BITUMINOUS TRAIL REGULAR CONCRETE SIDEWALK 3.0 m BITUMINOUS WALK COLORED CONCRETE BAND ti REGULAR CONCRETE SIDEWALK 0 5m 10m nnepin R2.0 m m 3 V V N COLORED CONC. EDGE STRIP CURB GUTTER SEE ENGINEER'S PLAN TURF COLORED CONCRETE AREA PEDESTRIAN CURB RAMP PEDESTRIAN CURB RAMP COLORED CONCRETE AREA TURF COLORED CONCRETE EDGE STRI CURB GUTTER SEE ENGINEER'S PLAN NOBLE /71st. AVE. 70th AVE. INTERSECTION PAVEMENT DETAIL UD9 CERTIFIED BY INTERSECTION PAVEMENT DETAIL REGULAR CONCRETE PAP._ AN OtA0 STEREO LANDSCAPE •RI ITECT 22880 REG. NO. STA. 2 +572 900 mm (TYP.) 19 m PEDESTRIAN CURB RAMP COLORED CONCRETE AREA COLORED CONCRETE EDGE STRIP TURF CURB GUTTER SEE ENGINEER'S PLAN 4 -D.3m (TYP. 1 COLORED CO BITUMINOU 12 mm PREMOLDED 12 mm PREMOLDED EXPANSION JOINT EXPANSION JOINT 900 mm (TYP.) 0 6 2 m TE BAND TRAIL COLORED CONCRETE EDGE STRIP (MEDIUM BROOM FINISH) 3 UD9 900 mm (TYP.) E0. DIRECTION OF MEDIUM E0. BROOM FINISH PERPENDICULAR TO CURB LINE .i.i.... 1 i i ii i i 1 27 Do DA E COLORED CONCRETE EDGE STRIP (MEDIUM BROOM FINISH) 1 r h T m L 0.6 m 1.3 m 1.3 m 0.3 m 3.0 m 0.3 m- ‘'0.3 m -TURF COLORED CONCRETE BAND (LIGHT BROOM FINISH)/ -r „JCAL 10m 20m COLORED CONCRETE MEDIAN PAVEMENT DETAIL UD9 600 mm-, INTEGRALLY COLORED CONCRETE -CURB d 900 mm MAINTENANCE EDGE GUTTER (TYP.) 600 mm TOOLED JOINT PERPENDICULAR TO CURB LINE 600 mm 12mm PREMOLDED EXPANSION JOINT r5- COLORED CONCRETE MEDIAN PAVEMENT DETAIL UD9 DRAWN BY NB CHECKED BY AW LAST REVISION 9-15 -99. 4 -26 -00 NOTES: 1. ALL INTEGRALLY COLORED CONCRETE BANDS (300 mm WIDE) AT INTERSECTIONS TO BE LIGHT BROOM FINISH. OTHER INTEG LORED CONCRETE AT INTERSECTIONS TO BE MEDIUM BROOM FINISH. 3. OLORED CO CRETE B S (300 mm WIDE) AT BITUMINOUS TR' SHAL GHT BROOM FINISH. 4. ALL REGULAR CONCRETE SJDEWALK SHALL BE MEDIUM BROOM FIN 5. ALL COLORED CONCRETE EDGE STRIPS BEHIND BACK OF CURB SHAL. BE MEDIUM BROW FINISH. 6. PEDESTRIAN CURB RAMP -SEE DETAIL UD9 FUTURE AND STREET LIGHT MIN 900 mm (TYP. 1y..� 600 mm 600 mm TURF 900 mm (TYP.) BITUMINOUS TRAIL 4 UD1 0 COLORED CONCRETE BAND (LIGHT) BROOM FINISH) INTEGRALLY COLORED CONCRETE r 20 m ■Y ■tl ■■■■■■■■■■■■1W 1111111 i1l1111111111t mmommumnpr 1200 mm CURB GUTTER 12mm PREMOLDED EXPANSION JOINT -1200 mm INTEGRALLY COLORED CONCRETE (A1.11111111111111111011011/111 I 1 1 ■11 1 1 CURB 4. GUTTER 0 RECTION OF MEDIUM 12 mm PREMOLDED BROOM FINISH EXPANSION JOINT PERPENDICULAR TO CURB LINE 7 COLORED CONCRETE MEDIAN PAVEMENT DETAIL UD9 DIRECTION OF MEDIUM BROOM FINISH PERPENDICULAR TO CURB LINE COLORED CONCRETE MEDIAN PAVEMENT DETAIL DETAILS 0.6 m 1.3 m 1.3 m 1.6 m 0.3 m� 1200 mm CURB d GUTTER 900 mm (TYP.) FUTURE TREE AND STREET LIGHT REGULAR CONCRETE SIDEWALK (MEDIUM BROOM FINISH) 1200 mm -12mm PREMOLDED EXPANSION JOINT INTEGRALLY COLORED CONCRETE itiMOM 1■■■■U■■UIIItMi, i■ ■II■■I ■■hcL*. ■1 ■O■■■■ ■II ■11■■ 1200 mm DIRECTION OF MEDIUM BROOM FINISH PERPENDICULAR TO CURB LINE 99� COLORED CONCRETE MEDIAN PAVEMENT DETAIL HENNEPIN COUNTY PROJECT 9322 C.S.A.H. 152 S.P. 27- 752 -07. S.P. 109 020 -08 SHEET UD9 UD1 0