HomeMy WebLinkAbout2008 08-25 CCP Regular Session Public Copy
AGENDA
CITY COUNCIL STUDY SESSION
August 25, 2008
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. Adj ourn
i
CITY COUNCIL MEETING
City of Brooklyn Center
August 25, 2008 AGENDA
1. Informal Open Forum With City Council 6:45 p.m.
—provides an opportunity for the public to address the Council on items which are not on
the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not
be used to make personal attacks, to air personality grievances, to make political
endorsements, or for political campaign purposes. Council Members will not enter into a
dialogue with citizens. Questions from the Council will be for clarification only. Open
Forum will not be used as a time for problem solving or reacting to the comments made
but, rather, for hearing the citizen for informational purposes only.
2. Invocation 7 p.m.
3. Call to Order Regular Business Meeting
—The City Council requests that attendees turn off cell phones and pagers during the
meeting. A copy of the full City Council packet is available to the public. The packet
ring binder is located at the front of the Council Chambers by the Secretary.
4. Roll Call
5. Pledge of Allegiance
6. Council Report
7. 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. August 1 l, 2008 Study Session
2. August 11, 2008 Regulax Session
b. Licenses
8. PresentationslProclamations/Recognitions/Donations
a. Resolution Recognizing and Commending Winners of the 2008 City of Brooklyn
Center Landscape and Garden Contest
•Requested Council Action:
—Motion to adopt resolution.
CITY COUNCIL AGENDA -2- August 25, 2008
9. Public Hearings
a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the
Zoning Classification of Certain Land (Westerly of Brooklyn Boulevard between
I-94 and 68�' Avenue North)
—This item was first read on July 28, 2008; published in the official newspaper on
August 7, 2008; and is offered for second reading and Public Hearing.
•Requested Council Action:
—Motion to open the Public Hearing.
-Take public input.
—Motion to close the Public Hearing.
—Motion to adopt ordinance.
b. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the
Zoning Classification of Certain land (4011 and 4101 69�' Avenue)
—This item was first read on July 28, 2008; published in the official newspaper on
August 7, 2008; and is offered for second reading and Public Hearing.
•Requested Council Action:
—Motion to open the Public Hearing.
—Take public input.
—Motion to close the Public Heaxing.
—Motion to adopt ordinance.
10. Planning Commission Items
None
11. Council Consideration Items
a. Mayoral Appointment Housing Commission
•Requested Council Action:
—Motion to ratify Mayoral nomination.
b. Resolution Authorizing Notice of Intent for Franchise Fee Increases and Calling
for a Public Hearing
�Requested Council Action:
—Motion to adopt resolution.
c. Resolution Approving Change Order No. 1, Improvement Project Nos. 2008-05,
06, 07, and 08, Contract 2008-B, Xe�es Avenue/Northway Drive Street and
Utility Improvements
•Requested Council Action:
—Motion to adopt resolution.
d. Resolution Approving Cellular Site Lease Agreement With T-Mobile Central
LLC
•Requested Council Action:
—Motion to adopt resolution.
CITY COUNCIL AGENDA -3- August 25, 2008
e. Amend 2008 City Council Meeting Schedule
•Requested Council Action:
—Motion to set date and time of Work Session with Financial Commission
for Monday, September 15, 2008, at 6:30 p.m. to be held in City Hall
Council/Commission Conference Room.
f. Hearing for ponald and Karen Nieken Regarding Rental Property Located at
4204 Lakebreeze Avenue North
•Requested Council Action:
—Open the hearing.
—Hear testimony.
—Motion to revoke, suspend, or not renew a rental license for property
located at 4204 Lakebreeze Avenue North.
12. Adjournment
Agenda Items Tabled
An Ordinance Relating to Administrative Fines; Adding a New Section 12.13 to the
Brooklyn Center City Charter
-This item was first read on February 25, 2008; published in the official newspaper
on March 6, 2008; and tabled at the March 24, 2008, meeting.
City Council Agenda Item No. 7a
r
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
AUGUST 11, 2008
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, Mary O'Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Director of Fiscal Support Services
Dan Jordet, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron
Warren, Acting Director of Public Works/City Engineer David Peterson, Deputy Director of
Public Works Bruce Johnson, and Carol Hamer, TimeSaver Off Site Secretarial, Inc.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Lasman requested the following change to the Study Session minutes of July 28,
2008:
Pa�e 2-under Housin� Maintenance:.
"Councilmember Lasman referenced a recent newspaper article relating to housing codes
and regulations and requested discussion on whether the City should consider instituting
a fee to cover City expenses in dealing with abandoned homes, as well as considering
some of the other ideas that were referenced in the article concernin? foreclosure or
vacant broUerties."
It was the majority consensus of the City Council to accept the above amendment to the July 28,
2008, Study Session minutes.
Staff was thanked for the comprehensive information provided to Council on foreclosure
activities in the City.
There was discussion on the Guide to Neighborhood Issues handout included in the last City
Council packet. It was noted that this is a great summary of common issues and questions that
arise. Mr. Boganey stated the handout is currently made available in the following ways: 1) new
resident packets; 2) neighborhood meetings or organizations attended by City Staff; and 3) City
Hall. Mr. Boganey indicated the new issue of City Watch will include a list of department phone
numbers.
08/ 13/08 -1- DRAFT
Councilmember Lasman requested discussion regarding Point of Sale, specifically in relation to
the Brooklyn Park requirement for an escrow at closing to cover repair costs as referenced in the
Ju1y 28, 2008, City Council meeting minutes. She indicated it was suggested to her by a real
estate agent that the City of Brooklyn Center should think things through before initiating
anything that requires more regulation due to potential problems at closings.
Mr. Boganey stated roundtable meetings have been held with City Staff and realtors to discuss
foreclosure, promotion of home sales, and things the City can do in this area. In that discussion it
was brought up that the City of Brooklyn Park has modified its original ordinance. Previously the
ordinance required the buyer or seller to complete required improvements before the closing
could occur. One of the problems was that the City would need to do an inspection and often the
inspection could not be scheduled until a few days, or a week or two before the closing date. This
meant that under the ordinance the closing could not proceed until the work was completed. The
change made was to no longer require that all the work be completed before closing, but to do an
estimate and to create the escrow. His understanding is that changing the ordinance has resolved
many of the initial problems.
Mayor Willson expressed his support in pursuing options available through a Point of Sale
Ordinance and piggybacking from what has worked in the City of Brooklyn Park.
Mayor Willson expressed his support of the proactive stance being taken by neighborhoods in
tracking foreclosed properties.
MISCELLANEOUS
PROCESS FOR CITIZENS TO PRESENT IDEAS TO THE CITY
Councilmember O'Connor requested discussion on the process for citizens to be heard by the
City Council if they have an idea on how to fix or improve things in the City.
The following suggestions were made as options for citizens to present ideas for improvements
in the City: 1) OpenForum at City Council meetings; 2) contact City Staff; 3) emails and phone
calls (may be forwarded from Council M�mbers to City Staf�; 4) referendum opportunities
ha ter 5 of the Ci Charter. It
was noted that the
re are finite Staff resources
available through C p ty
available and there should be Council support prior to tying up considerable Staff time.
57 AND LOGAN AVENUES CONTAMINATION
Councilmember O'Connor requested information from Staff on whether the MPCA proposed
location for the groundwater remediation device on the 57�` and Logan Avenues site is in the
location of the dry cleaning site. Mr. Boganey replied that a specific site has not been identified.
Staff would like the location to be as neax Highway 100 and as far away from the residents as
possible for noise and visual reasons. The MPCA would prefer to have the location closer to the
street where the identified spillage occurred. They are at a bit of debate about how close to
Highway 100 and how close to the street the location needs to be. They will need to strike a
balance on the determined location.
08/13/08 -2- DRAFT
There was discussion on the testing procedure that will be used. Mr. Boganey advised that the
purpose for the testing is to mitigate the problem and reduce the amount of vapors in the plume
area as much as possible. In addition, the MPCA would like to conduct the testing as a pilot to
determine how effective the progress will work over time as a way to throw out the vapors from
the plume area. It will not take out all of the vapors, but any reduction in the vapors is positive.
It was suggested that Staff request a subgrade location for the remediation device.
Councilmember O'Connor stated her support of locating the remediation device close to the site
of the contamination, showing that the issue is being addressed by the City.
Mayor Willson stated his support of leaving the location of the remediation device up to the
discretion of Mr. Boganey in his discussions with the MPCA.
Mayor Willson thanked the Engineering Department for repairs on a trench that had been left
open following roadwork that was done in his neighborhood.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
FRANCHISE FEE AGREEMENT AMENDMENT
Mr. Jordet stated Council had previously discussed initiating a franchise fee amendment in July
of 2008. He provided information on the history of the franchise fee and explained currently the
franchise fee generates $660,000 per year in street reconstruction revenue. In order to meet the
goals of the street reconstruction program through 2021, additional revenue is needed. Increasing
the franchise fees as permitted in the franchise agreements will cover about half of what is
needed to complete the street reconstruction program through 2021. Mr. Jordet reviewed the
requirements associated with increases to the franchise fees. He explained funding the balance of
the street reconstruction fund will require additional funding sources of approximately $80,000
per year through 2021 to complete the street reconstruction program according to the currently
adopted Capital Improvements Program.
Mr. Jordet provided an overview and answered questions of the Council on the following
information:
City of Brooklyn Center Street Reconstruction Fund Cash Flows Analysis (Actual 2004
Pro� ected 2021)
City of Brooklyn Center Street Reconstruction Fund Cash Flows Analysis 3% Franchise
Fee Increase Every Three Years (Actua12004 Projected 2021)
City of Brooklyn Center Street Reconstruction Fund Cash Flows Analysis 3% Franchise
Fee Increase Every Three Years Plus Transfers and Loans
City of Brooklyn Center Comparison of Franchise Fees Summer 2008
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Councilmember Lasman moved and Councilmember O'Connor seconded to close the Study
Session at 6:48 p.m.
08/13/08 -3- DR.AFT
Motion passed unanimously.
RECONVENE STUDY SESSION
Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study
Session at 6:49 p.m.
Motion passed unanimously.
Discussion continued on the Franchise Fee Agreement Amendment. There was discussion on the
importance of the street reconstruction program and possible funding sources for the funding
shortfall. Mr. Boganey stated given the three-year levy .gap that is in place, it is very di�cult to
come up with sources of revenue over and above the ongoing daily requirements. It will be a
challenge to come up with the additional $80,000 per year. Staff thinks the street reconstruction
program should be funded, but cannot indicate at this time where the funding will come from.
Mayor Willson, Councilmembers Lasman, Ryan, and Yelich stated their support of moving
forward with the proposed 3% increase to the franchise fees.
Councilmember O'Connor stated her opposition to the City collecting t�es through other
businesses. She suggested consideration of improving the streets more slowly or eliminating
curbs from street reconstruction projects. She stated she would prefer that the City not have any
franchise fees in place.
I
o
The ma ori consensus of the Crt Council was su ort in proceeding with the proposed 3/o
I
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increase to the franchise fees, and that the increase be presented to the Council for an official
vote at a future meeting. Information on the increase should be provided to the public that lays
out the increase by the number of cents per year.
ADJOURNMENT
Councilmember Lasman moved and Councilmember Yelich seconded to close the Study Session
at 7:01 p.m.
Motion passed unanimously.
08/13/08 -4- 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
AUGUST 11, 2008
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 6:48 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Director of Fiscal Support Services
Dan Jordet, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron
Warren, Acting Director of Public Works/City Engineer David Peterson, Deputy Director of
Public Works Bruce Johnson, City Attorney Mary Tietjen, and Carol Hamer, TimeSaver Off Site
Secretarial, Inc.
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 O'Connor seconded to close the Informal
Open Forum at 6:49 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember O'Connor 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, Mary O'Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Community Development Director Gary
08/11 /08 -1- DRAFT
Eitel, Planning and Zoning Specialist Ron Warren, Acting Director of Public Works/City
Engineer David Peterson, Deputy Director of Public Works Bruce Johnson, City Attorney Mary
City Attorney Mary Tietjen, and Carol Hamer, TimeSaver Off Site Secretarial, Inc.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember Ryan reported on the following:
Attendance at National Night Out neighborhood gatherings on August 5�`. He thanked
everyone involved with National Night Out.
Tuesday, Au�ust 19�' is the last day to pre-register for the upcoming primary election on
September 9. Individuals can contact the City Clerk or the Hennepin County Auditor's
Office for details concerning their polling location. Voter registration materials are
available at the Brookdale Hennepin County Library. He challenged citizens to become
informed and get out and vote.
Councilmember Lasman reported on attending National Night Out neighborhood gatherings on
August 5�'. She commended Police Chief Bechthold, Crime Prevention Specialist Becky Boie,
and the Police Department on its work. She encouraged residents to consider starting a block
watch if they do not have one in their neighborhood yet.
Councilmember Yelich reported on the following:
Attendance at National Night Out neighborhood gatherings on August 5�'. He thanked
Crime Prevention Specialist Becky Boie for coordinating the event.
He presented a picture of the following sign posted in the City at Moorwood
Townhomes: "No Rental Homes Allowed in Moorwood". He discussed the concerns of
the residents regarding problems in the townhome association prior to making changes in
their bylaws. He presented an overview of sta.tistics related to the following information:
crime rate amongst compaxable cities; registered sex offenders amongst comparable
cities; probationers/population in first and second ring Minneapolis suburbs. He
stressed that it is imperative to adopt policies and make it clear that slumlords are not
welcome in the City along with any criminal activity associated with them. He stressed
that this should be a high priority of the City CounciL
Mayor Willson asked the City Attorney if the No Rental Homes Allowed in Moorwood sign
should be addressed due to the potential ordinance violation. Ms. Tietjen replied that the City
would be justified in following up on a potential ordinance violation. Mayor Willson directed
Mr. Boganey to take the appropriate action to follow up on the posted sign.
Councilmember O'Connor reported on the following events:
Attendance at National Night Out on August 5`�' by holding a pizza party at the Humboldt
Square Shopping Center.
08/ 11 /08 -2- DRAFT
Ball games will continue to be held on Thursdays at 2:00 p.m. at Firehouse Park.
Children and adults are welcome to attend.
Mayor Willson reported on attending National Night Out neighborhood gatherings on August 5�'.
He commented on the citizens coming together and forming neighborhood alliances. He stated
the neighbarhoods are the eyes and ears on the street and are the strength in the City.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Ryan moved and Councilmember Yelich seconded to approve the Agenda and
Consent Agenda, as amended, with amendments to the Study Session minutes of July 28, 2008,
and the following consent items were approved:
7a. APPROVAL OF MINUTES
L July 28, 2008 Study Session
2. July 28, 2008 Regular Session
7b. LICENSES
MECHANICAL
Kraemer Heating 7441 Dallas Court, Maple Grove
Mark's Heating and A/C 141 South Street, Foreston
Sharp Heating and A/C 7221 University Avenue NE, Fridley
RENTAL
INITIAL
5903 Emerson Ave N Chai Lee
5136 France Ave N Les Suoos
4825 Twin Lake Ave Rena Chrysler
RENEWAL
5412 Fremont Ave N Gary Anakkala
5200 63` Ave N Evaristus Ejimadu
5325 Humboldt Ave N Linda Mitchell
7c. APPLICATIONS AND PERMITS FOR TEMPORARY ON-SALE LIQUOR
LICENSES SUBMITTED BY ST. ALPHONSUS CHURCH, 7025 HALIFAX
AVENUE NORTH, FOR EVENTS TO BE HELD OCTOBER 4 AND
NOVEMBER 15, 2008, AND FEBRUARY 21, MARCH 14, AND MAY 2,
2009
Motion passed unanimously.
S. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
-None.
08/11/08 -3- DR_AFT
9. PUBLIC HEARING
-None.
10. PLANNING COMMISSION ITEMS
10a. PLANNING COMMISSION APPLICATION NO. 2008-006 SUBMITTED BY
LUTHERAN CHURCH OF THE TRIUNE GOD. REQUEST FOR
PRELIMINARY PLAT TO SUBDIVIDE TIiE PROPERTY AT 5827 HUMBOLDT
AVENUE NORTH INTO TWO LOTS.
Mr. Warren introduced the item, discussed the history, and stated the purpose of Pla.nning
Commission Application No. 2008-006.
Councilmember Ryan moved and Councilmember Yelich seconded to approve Planning
Commission Application No: 2008-006 submitted by Lutheran Church of the Triune God subject
to the following conditions recommended by the Planning Commission:
1. The final plat is subject to review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
3. Approval of this preliminary plat acknowledges that the existing landscape
screening between the church parking lot and abutting residential lots is
determined to be effective screening consistent with the requirements of Section
35-711 of the City Ordinances.
There was discussion on the size of the lots v�nth the proposed sub
division.
Motion passed unanimously.
lOb. PLANNING COMMISSION APPLICATION NO. 2008-007 SUBMITTED BY
LUKE PAPIN. REQUEST FOR A SPECIAL USE PERMIT TO OPERATE A
ME OCCUPATION INV
OLVING
CUSTOMER TRAFFIC AND TH
E
HO
PARTICIPATION OF ONE NON-RESIDENT AT 3800 WOODBINE LANE.
Mr. Warren introduced the item, discussed the history, stated the purpose of Planning
Commission Application No. 2008-007, and responded to questions from the City CounciL
Mr. Luke Papin and Mr. Curtis Rebelein Jr. were present to answer questions of the Council.
There was discussion on the following in relation to the special use permit request:
Criminal background checks and proof of current Minnesota residency will be required
prior to making an appointment for potentia.l customers; business will be conducted on an
appointment only basis. Background checks are very extensive.
Licensing requirements are established by the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF).
ATF requires a signed affidavit by licensees of secured storage; annual and random
inspections are conducted.
ATF limits ammunition on-site to personal use.
08/11/08 -4- DRAFT
Guns are tested off-site.
Licensing requirements prohibit the production of automatic weapons.
There are no current plans to participate in gun shows; it should be noted that gun show
sales are subject to the same conditions of regular business sales.
Councilmember Yelich moved and Councilmember Lasman seconded to approve Planning
Commission Application No. 2008-007 submitted by Luke Papin; Request subject to the
following conditions and considerations:
1. The special use permit is granted for a home occupation involving the sale of
firearms that are manufactured or assembled at 3800 Woodbine Lane North and
involve the participation of one non-resident employee. Said home occupation
will involve customer traffic on the site. This home occupation may not be
expanded or altered in any way not comprehended by this application without first
securing an amendment to the special use permit.
2. No retail sales of firearms or other merchandise not produced on the lot shall be
allowed.
3. The home occupation shall not involve the storage of ammunition other than that
for personal use, or raw materials such as gun powder or other explosives.
4. The special use permit is subject to all applicable codes, ordinances and
regulations. Any violations thereof may be grounds for revocation.
5. All parking associated with this home occupation shall be off street on improved
space provided by the applicant. Vehicle parking on the property shall be in
compliance with Section 19-103, Subdivision 12 of the city ordinances regarding
the size of vehicles allowed.
6. The hours for retail sales of firearms that are produced on the premises are limited
to Monday through Satur�lay, 10:00 a.m. to 7 p.m.
7. The applicant shall comply with recommendations of the Building Official with
respect to safety related matters involving this home occupation.
8. A current copy of the applicant's ATF firearms license shall be kept on file with
the city and no operation of the home occupation shall commence until the filing
of the license.
ment De artment
9. The applicant shall report annually to the Community Develop p
that he continues to be in com liance with the foregoing conditions and shall
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provide such additional information as the CommuniTy Development Department
may require to assure compliance.
Motion passed unanimously.
08/11/08 -5- DRAFT
11. COUNCIL CONSIDERATION ITEMS
lla. RESOLUTION NO. 2008-85 APPOINTING ELECTION JUDGES
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember O'Connor seconded to approve
RESOLUTION NO. 2008-85 Appointing Election Judges.
Mayor Willson thanked the election judges for their participation.
Motion passed unanimously.
llb. RESOLUTION NO. 2008-86 ACCEPTING WORK PERFORMED AND
AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2008-
12, CONTRACT 2008-F, 2008 SEALCOATING
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember O'Connor moved and Councilmember Yelich seconded to approve
RESOLUTION NO. 2008-86 Accepting Work Performed and Authorizing Final Payment for
Improvement Project No. 2008-12, Contract 2008-F, 2008 Sealcoating.
Staff was commended for the participation in this program as a means to lower the City's costs.
It was verified with Mr. Boganey that Staff anticipates participating in this consortium with next
year's sealcoating project.
Motion passed unanimously.
llc. RESOLUTION NO. 2008-87 APPROVING CHANGE ORDER NO. 1,
IMPROVEMENT PROJECT NOS. 2008-01, 02, 03, 04, CONTRACT 2008-A,
2008 RESIDENTIAL AREA NEIGHBORHOOD STREET AND UTILITY
IMPROVEMENTS
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
It was verified with Mr. Peterson that City records were updated accordingly from the 1'/2 inch
water service lines shown in the as-built records to the 2 inch lines found with the improvement
project.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2008-87 Approving Change Order No. 1, Improvement Project Nos. 2008-01, 02, 03, 04,
Contract 2008-A, 2008 Residential Area Neighborhood Street and Utility Improvements. S
08/11/08 -6- DRAFT
Motion assed unanimously.
p
lld. RESOLUTION NO. 2008-88 CALLING FOR A PUBLIC HEARING ON
PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY
SERVICE ACCOUNTS
ose of the ro osed
item discussed the histo and stated the purp p p
Mr. Boganey introduced the rY,
resolution.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2008-88 Calling for a Public Heaxing on Proposed Special Assessments for Delinquent
Public Utility Service Accounts.
Motion passed unanimously.
I lle. RESOLUTION NO. 2008-89 APPROVING FINAL PLAT FOR ROSENAU
ADDITION
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
There was discussion on the approval being conditional on all of the conditions of the final plat
being met. Mr. Warren explained that with the approval of the final plat this evening the City
Manager and Mayor will be authorized to sign and release the final plat once the conditions have
been met.
Councilmember Lasman moved and Councilmember Yelich seconded to approve
RESOLUTION NO. 2008-89 Approving Final Plat for Rosenau Addition subject to the
conditions of the final plat having been met.
Motion passed unanimously.
llf. RESOLUTION NO. 2008-90 DECLARING A PUBLIC NUISANCE AND
ORDERING THE REMOVAL OF DISEASED TREES
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
There was discussion on the City's inspection of trees. Mr. Peterson explained that all boulevard
trees are inspected for disease each year. Tees on private properties are usually checked if they
are obviously diseased. Other trees on private property are checked when reported by property
owners or neighbors. Diseased trees are removed from City parks on a regular basis.
Councilmember Yelich moved and Councilmember Lasman seconded to approve
s RESOLUTION NO. 2008-90 Declaring a Public Nuisance and Ordering the Removal of
08i11i08 -7- DR.AFT
Diseased Trees.
There was discussion on a fallen tree at an apparently vacant property across from the Fire
Station on 66�' Avenue. Mr. Boganey stated Staff is in the process of putting together some
abatement procedures on this particular tree. In addition there are several other trees in the City
where Staff is working on the removal.
Councilmember O'Connor voted against the same. Motion passed.
llg. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY CODE OF
ORDINANCES REGARDING FLASHING AND ROTATING SIGNS
Mr. Boganey introduced the item and stated the purpose of the proposed ordinance.
Mr. Warren discussed the history, provided an overview of the proposed ordinance, and
answered questions of the Council regarding the proposed ordinance.
There was discussion on the following in relation to the proposed ordinance:
Distribution of the proposed sign ordinance amendment to all affected businesses in the
Citv.
Whether the proposed language in the ordinance limits the City's ability to limit motion
in ways other than flashing and rotating. Ms. Tietjen advised that any court interpreting
the ordinance would likely look at the intent of the ordinance, rather than go into great
detail about whether or not the ordinance was crafted creatively enough to cover every
possible movement of signs. However, clarification regarding the intent would be
helpfuL
High definition picture signs similar to television screens, which are currently being used
in outdoor advertising along interstates, would be subject to the established criteria
included in the ordinance.
The majority consensus of the City Council was to direct staff as follows: 1) Distribute the
ment to the Si n Ordinance to all affected businesses in the City; and 2) Modify
proposed amend g
din si ns ar
e to remain
the proposed language of the ordinance to claxify the intent that freestan g g
stationary.
Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading of
an Ordinance Amending Chapter 34 of the City Code of Ordinances Regaxding Flashing and
Rotating Signs and Setting Second Reading and Public Hearing on September 8, 2008.
Motion assed unanimousl
P Y
12. ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City
Council meeting at 8:19 p.m. Motion passed unanimously.
i
08/11/08 -8- DRAFT
C�ty Council Agenda Item No. 7b
COU
NCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Maria Rosenbaum, Deputy City Clerk
DATE: August 19, 2008
SUBJECT: Licenses for Council Approval
Recommendation:
I recommend that the City Council approve the following list of licenses at its August 25, 2008, 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.
MECHANICAL
Gorilla Heating and Air 7416 Aspen Cove South, Cottage Grove
K& K Mechanical 8752 Palmgreen Avenue NE, Elk River
RENTAL
See attached report.
SIGN HANGER
Scenic Sign Corporation 828 South 5�' Street, Sauk Rapids
Taurus Sign 17900 280`h Street, Shafer
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1 eldg a
5500 Bryant Ave N 4 Units Initial Brad Notenberg None per 12-911 Ordinance OK OK
�5013 61st Ave N ISingle Family Initial I1on Pappone �None per 12-911 Ordinance OK OK I
I5118 France Ave N ISingle Family Initial IJames Tobias �None per 12-911 Ordinance OK I OK j
6813 Humboldt Ave N 2 Disturb Peace, 2 Drugs, 1 Burglary per
B101 Single Family lnitial Robert Perri 12-911*** OK OK
6813 Humboldt Ave N
6203 Single Family Initial William Elsa Lind None per 12-9110rdinance OK OK
6813 Humboldt Ave N
B204 Single Family Initial William Elsa Lind None per 12-911 Ordinance OK OK
�5425 Irving Ave N �Single Family Initial INathan Pollock �None per 12-911 Ordinance OK OK
I6921 Logan Ave N �Single Family Initial �David Craig �None per 12-911 Ordinance OK OK
�7024 Newton Ave N ISingle Family Initial ITroy Pfingsten �None per 12-911 Ordinance OK OK
1 Bldg
1425 55th Ave N 4 Units Renewal Trung Duong None per 12-911 Ordinance OK OK �I
2100 69th Ave N �Single Family Renewal �Barbara Sandstrom �S Dist Peace per 12-911 Ordinance OK OK
1807 70th Ave N �Single Family Renewal �Rececca Thomley INone per 12-911 Ordinance OK OK
6512 Chowen Ave N �Single Family Renewal �David Moulder �None per 12-9110rdinance OK OK
5740 Dupont Ave N �Single Family Renewal �Dion Properties Inc. �None per 12-911 Ordinance OK OK
5505 Lyndale Ave N �Single Family Renewal �Dragon Property Mgmt. �None per 12-911 Ordinance OK OK
5655 Northport Dr �Single Family I Renewal �Cindy Raymond Scherbing �None per 12-911 Ordinance I OK OK
***Numerous problems with tenants and after a long process they vacated the property on 3/31/08; no additional 12-911 violations have been noted at that unit.
4 LI
BROOKLYN CENTER �TY Og
f
Stt
��LbY(
POLICE DEPARTMENT
MEMORANDUM
TO: Kevin Benner, Commander
Tom Boie, Sergeant
FROM: Becky Boie, Crime Prevention Specialist
DATE: August 11, 2008
SUBJECT: 2100 69
On August 11, 2008 at 0745 I received a phone call from Barbara Sandstrom, owner, of the property
located at 2100 69 Brooklyn Center. I spoke with Ms. Sandstrom about the 12-911 ordinance and
expressed the concerns over the five disturbance calls generated at the above mentioned address.
She explained to me that she has had a discussion with the renter that these types of call cannot continue
or her lease will be terminated. The renter has a one year lease that does not expire until April of 2009.
There has been one call for service since July 24, 2008 which was a medical.
Ms. Sandstrom apologized for not contacting us and has provided CPS Boie with her cell phone number if
there are any problems in the future.
At this point I do not feel that it is necessary to withhold the license for the property any longer. Ms.
Sandstrom was very cooperative and willing to work with us. I did infonn her that we would continue to
periodically monitor the calls for service at the property and notify her of any additional problems.
bb
City Council Agenda Item No. 8a
if
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
n D r f Publie Works���
FROM: Dave Peterso eputy Directo 0
DATE: August 19, 2008
SUBJECT: Resolution Recognizing and Commending Winners of the 2008 City of
Brooklyn Center Landscape and Garden Contest
Recommendation:
Staff recommends that the Brookl n Center Ci Council consider ado tion of a resolution
Y tY P
recognizing the winners of the 2008 City of Brooklyn Center Landscape and Garden contest.
Background:
The Landscape and Garden contest was initiated in 1995 as part of a community effort to
proznote beautification and enhancement of properties in the City. This annual contest is
conducted with volunteers with the support of area businesses. A special thank you to
resident volunteer, Diane Sannes, coordinator of this year's contest. Her time and effort to
make the Landscape and Garden Contest a success is greatly appreciated by the City of
Brooklyn Center.
Master Gardener poris Wickstrom of Minnea olis has volunteered her time to judge the
P
contest for twelve years and fortner contest winners Carole Hallman and Betty Muellner have
volunteered their time to judge the contest for a number of years. They were complimentary
of all entrants and praised the residents of our community for their gardening and
landscaping expertise.
Randy and Linda Davis of 6919 Toledo Avenue North received an award for `Backyard
Fantasy Retreat Garden': In the front yard garden the vibrant color of the Bee Balm, Black
Eyed Susan and Star Gazer Lilies, to name just a few, invite you to enter a lovely backyard
r ith husband
fantas where wildlife is abundant. The backyard garden is a family affai w
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Randy constructing the fish pond and brother-in-law Bobby making the arbors that hold
specimens such as Morning Glory and Trumpet Vine. In the Spring this garden boasts a
magnificent island Iris garden with over 50 blooms. The garden's old fashion seating and
inventive use of leftover stumps, along with a wonderful selection of shade plants, make this
garden a great backyard retreat.
Juliana Fick of 5336 Dupont Avenue North received an award for "Backyard Cottage
Garden': The front yard shade garden is very pleasant with a variety of hostas: In fact,
I
I
Landscape and Garden Contest
City of Brooklvn Center
there are over 200 varieties of hostas on the property. A remarkable hand-constructed branch
trellis adds a woodsy touch to this garden. The perennial garden and water feature attracts
birds, bees and butterflies. The backyard has good use of plant height with lots of vibrant
color and texture. The baekyard deck with its plantings and containers invite you to sit and
relax with friends and family.
John Heidi Winters of 2107 71 St Avenue received an award for "Great Corner Appeal
Garden" for striking curb appeal on their corner property. The use of color jumps out at you
when you drive by this property at the corner of 71 S and Oliver Avenues North. Lush with
color and texture, the sun tolerant specimens provide character to this garden. Outstanding
use of natural rock for a terraced look completes this front yard garden.
Erwin Susie Heisler, along with son Jason and grandson Kobe of 5918 Halifax Avenue
North received an award for "Welcome Home Garden The judges were impressed with
the unique watering system that channels rain water from the downspout on the garage to an
underground watering system that leads into the garden in the front yard. All bedding plants
are started from seed which is both impressive and very economical. The use of vegetables
and flowers, along with the various plant textures and colors has created a bright, welcoming
site for the wildlife and the neighborhood.
Jackie Lindquist of 6940 Willow Lane received an award for "Small World Streetscape':
This small driveway garden is pleasing to walkers and drive-bys. It has a very calming
appeal with its naturalized setting and nice plant height structure. Ornamental grasses and
majestic Plume Poppy provide the backdrop for this sun tolerant, curb side garden.
Special Recognition was awarded to the following property:
David and Rochelle Ralph were recognized for their "Must See Drive By" newly installed
rain garden on their property at 7100 Dallas Road. This rain garden is unique in its corner
sloping grade. The use of Purple Sage in this sunny garden works well with the yellow of the
lilies and white Spirea. The rock used for the border in the garden was recycled from the
2007 street reconstruction project in this neighborhood.
Budget Issues:
The following business establishments provided gifts and gift certificates that are being
presented to the winners: Patio Town, Starbucks, Cub Foods, B.C. Liquor, Caribou Coffee
and Malmborg's Garden Center. Resident volunteers organized this support by area
businesses.
Landscape and Garden Contest
Cih� of Brooklyn Center
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION RECOGNIZING AND COMMENDING WINNERS OF THE 2008
CITY OF BROOKLYN CENTER LANDSCAPE AND GARDEN CONTEST
WHEREAS, the City Council desires to acknowledge and support the efforts of
citizens and area businesses to promote beautification of residential and commercial
properties in Brooklyn Center; and
WHEREAS, the Council is appreciative of the hard work and efforts of many
residents in gardening and landscaping their properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the following winners of the 2008 City of Brooklyn Center
Landscape and Garden Contest are recognized and commended for their achievements:
.IUDGE'SAWARD FOR BACKYARD FANTASYRETREAT GARDEN
Linda Davis
6919 Toledo Avenue North
JUDGE'SAWARD FOR BACKYARD COTTAGE GARDEN
Juliana Fick
5336 Dupont Avenue North
JUDGE'S AWARD FOR GREAT CORNER APPEAL GARDEN
Heidi Winters
2107 71 Avenue North
JUDGE'S AWARD FOR WELCOME HOME GARDEN
Erwin Susie Heisler, along with son Jason and grandson Kobe
5918 Halifax Avenue North
JUDGE'S AWARD FOR SMAZL WORLD STREETSCAPE GARDEN
Jackie Lindquist
6940 Willow Lane
SPECIAL RECOGNITION FOR MUST SEE DRIVE BY GARDEN
David Rochelle Ralph
7100 Dallas Road
Au�ust 25, 2008
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereo£
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 9a
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
DATE: August 19, 2008
SUBJECT: An Ordinance Amending Chapter 35 of the City Ordinances Regarding the
Zoning Classification of Certain Land (Westerly of Brooklyn Boulevard Between
I-94 and 68th Avenue North)
Recommendation:
It is recommended that the City Council consider adoption of An Ordinance Amending Chapter
35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Westerly of
Brooklyn Boulevard Between I-94 and 68th Avenue North).
Background:
At its July 28, 2008, meeting, the Brooklyn Center City Council approved first reading of An
Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of
Certain Land (Westerly of Brooklyn Boulevard Between I-94 and 68th Avenue North). This
relates to Planning Commission Application No. 2008-003 Submitted by The Luther Company
LLLP regarding request for rezoning from G2 (Commerce) to PUD/C-2 (Planned Unit
DevelopmentlCommerce) and development plan approval through the PUD process of three
contiguous lots located on the west side of Brooklyn Boulevard between I-94 and 68th Avenue
for the redevelopment and expansion of the existing Chevrolet site and a new Buick, Pontiac,
GMC Dealership.
The second reading and Public Hearing are scheduled for August 25, 2008. Notice of Public
Hearing was published in the Brooklyn Center Sun-Post newspaper on August 7, 2008. If
adopted, effective date will be October 4, 2008.
Budget Issues:
There are no budget issues to consider.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 25 day of August, 2008 at 7:00
p.m. or as soon thereafter as the matter may be heard at the City Ha11, 6301 Shingle Creek
Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances regardin�
zoning classification of certain land (westerly of Brooklyn Boulevard between I-94 and 68
Avenue North).
A�iliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the Deputy City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY
ORDINANCES REGARDING THE ZONING CLASSIFICATION OF
CERTAIN LAND (WESTERLY OF BROOKLYN BOULEVARD BETWEEN
I-94 AND 68 AVENUE NORTH)
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is
hereby amended in the following manner:
Section 35-1190. COMMERCE DISTRICT (C2). The following properties are
hereby established as being within the (C2) Commerce District zoning classification:
T21 1 1 .a AT ,.+L,+ Dl .a A.a.a;+;..,+
TL..,4 T .,4 A „d;4or�� -.a' AT 7 G .7 "b. .a 11 !''.,,�.,�,-,o,-,zi
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+t, i• r a;�+.,,,� n a �t, ,.,.��,.,,o�� o
+L. �-+l. 1' T 4!. 4 41� 4 f l�o..;...�;. o�.or azi�
Lot 2, Block 1, Northtown Plaza 2 Addition.
The west 132.46' of Lot 3 and Lot 4, Block 2, Northtown Plaza 2" Addition.
Lots 1 and 2, Block L Northtown Plaza 3` Addition.
Lot 1, Block 1. Brooklvn Mobil Addition.
ORDINANCE NO.
Section 35-1240. PLANNED iINIT DEVELOPMENT DISTRICT (PUD). The
following properties are hereby established as being within a(PUD) Planned Unit Development
zoning classification:
4. The following properties are designated as PUD/C2 (Planned Unit
DevelopmentlCommerce)
Lots 1 and 2 and the East 83' of Lot 3. Block 3, Northtown Plaza 2" Addition
Section 2. This ordinance sha11 become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of 2008.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeouts indicate matter to be deleted, underline indicates new matter.}
COUNCII. ITEM MEMORANDUM
To: Curt Boganey, City Manager
�1
From: Ronald A. Watren, Planning and Zoning Specialist f,J
I
Subject: Planning Commission Application No. 2008-Oa3
Date: July 22, 2008
Recommendation:
It is recommended that the City Council, following cansideratian of this matter, apprave the
application subject to the conditions and considerations recommended in Planning Commission
Resoludon No. 2008-02. Attached for the City Council's consideraxion are:
1. Resoludon Regarding the Disposidon of Planning Commission Application No.
2008-003 Submitted by the Luther Company LLLP.
2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the
Zoning Classificadon of Certain land (Westerly of Brooklyn Boulevard Between
I-94 and 68�' Avenue North)
Background:
On the July 28, 2008 City Council Agenda is Planning Commission Application No. 2008-003
submitted by The Luther Company LLLP for rezoning from C-2 (Commerce) to PUD/G2
(Planned Unit Development /Commerce) and development plan approval ttirougli the PUD
process of three contiguous lots located on the west side of Brooklyn Baulevard between I-94
and 68�' Avenue for the redevelopment and expansion of the existing Chevrolet site and a new
Buick, Pontiac, GMC Dealership. This matter was considered by the Planning Commission at
their 7uly 17, 2008 meeting and was recommended for approval through Planning Commission
Resolution No. 2008-02.
Attached for your review are copies of the Planning Commission Information Sheet for Planning
Commission �Application Na 2008-003 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,
Planning Commission Resolution No. 2008-02 and other supporting documents.
Budget Issues: There are no budget issues.
i
Application Filed on 6-19-08
uncil Action Should Be
Cit Co
y
Taken By 8-18-08 (60 Days}
Planning Commission Information Sheet
Application No. 2008-003
Applicant: The Luther Company, LLLP
Location: b701 Brooklyn Boulevard,430I 68th Avenue North and 4315 68th Avenue North
Request: Planned Unit Development Rezoning/Development Plan Approval PUD1G2
The applicant, The Luther Company Limited Partnership, is requesting rezoning from C-2
(Commerce) to PUD/G2 (Planned Unit DevelopmendCommerce) and development plan
approval of three contiguous lots lacated an the west side of Brooklyn Boulevard between I-94
and 68�' Avenue North addressed as 6701 Brooklyn Boulevazd and 4301 and 4315 68'� Avenue
North. The purpose of the proposal is for the redevelopment and expansion of the existing
Chevrolet site (formerly Iten Chev) and the remodeling and expansion of an existing building
(formerly Iten Leasing) for a new Buick, Pontiac, GMC (BPG) dealership. These properties are
a11 currently zoned G2 and are bounded on the north by 68'� Avenue; an the east by east by
Brooklyn Boulevard; on the south by I-94; and on the west by the former Osseo Brooklyn School
Bus Garage (owned by Luther) and Adantis Pools.
This proposal represents the first step in a major redevelopment hy the Luther Company, for both
sides of Brooklyn Boulevazd between I-94 and 69`� Avenue. See companion Planning
Commission Application Nos. 2008-004 (Preliminary Plat) and 2008-005 (Planned Unit
Development}.
BACKGROUND
The Luther Company has acc}uired all of the land or the automobile dealership businesses in this
area and is now prepazed to do a major redevelopment which will include two new dealership
buildings on the east side of Brooklyn Boulevard (Honda and Toyota) and the expansion and
redevelopment of the existing Chevrolet dealership to accommodate an expanded Chevrolet
dealershi and a new Buick, Pontiac, GMC (BPG) dealership on the west side of Brooklyn
P
Boulevard between the freeway and 68� Avenue North (note the existing Honda dealership at the
m
te b
t a future da
northwest comer of Brooklyn Boulevazd and 68 Avenue will be redeveloped a y
the Iuther Company).
Their plan indicates first expanding the existing Chevrolet operation to accommodate their
acquisitions of the Iten Chevrolet business and the Walser Chevrolet (Plymouth) business.
Luther has an agreement to acquire the Iten property at a future date but has acquired their
business only, so separate ownership of the land and business will continue for some time. They
plan at this time to expand and remodel the old Iten Leasin� building (430168`� Avenue North)
and consolidate the fornaer Porter Cable property (4315 68 Avenue North) after tlzat building is
demolished to accoinmodaxe the new BPG business. BPG will be relocated from its current
location at 6800 Brooklyn Boulevard and that building will then be demolished to make way for
7-17-08
Page 1
a new Honda dealership on the expanded site atong the east side of Brooklyn Boulevard.
Another new autamobile dealership building (Toyota City) will be consiructed on the east side of
Brooklyn Bouleva.rd on a reconfigured site that at one time had primarily housed Ryan
Oldsmobile (6700 Brooklyn Boulevard).
On two previous occasions (October 2005 and August 2006) the Luther Company had sought and
received PUD rezaning and development plan approval for a two phased ex�ansion and
redevelopment ofthe east side of-Bmoklyn Boulevard. between I 94 and 69 Avenue. The then
proposed expansion and redevelopment was for the Brookdale Dodge operation which currently
houses Buick, Pondac, GMC (6800 Brooklyn Boulevard and 4215 69`� Avenue North}. The
second phase was the demolition of the old Ryan Olds building (6700 Brooklyn Boulevard) with
a temporary car facility and a future new automobile dealership. Luther accomplished
parts of this plan when the building at 4215 69�' Avenue North was demolished as was the old
Ryan Olds Building and the storage faciliry was established. Other opportunities availed
themselves to Luther and they have settled on the current plan represented by Planning
Commission Application Nos. 2008-003, 004 and 005. The finalization of the Planned Unit
Development proposals will be needed to accomplish their redevelop plans (see the 7une 19,
2008 Letter of Application and PUD justification from Linda McGinty, Director or Real Estate
and Development on behalf of the Luther Company, attached).
The applicant is seeking the PUD/C-2 rezoning to accomplish the above mentioned
redevelopment of the west side under Planning Commission Application No. 2008-003. The
PUD is needed to allow for the flexibility of common access and use over multiple parcels of
land without the replatting of the property. As mentioned above, the Luther Company owns the
property at 4315 68� Avenue North (the former Porter Cable property) and has acquired the
Chevrolet dealership business from Iten Chevrolet (formerly operated out of 430168�' Avenue
North and 6701 Brooklyn Boulevard}. The ownership of the Iten property is still Iten Chevrolet
with Luther having an agreement to acquire the property in the future. City ordinances require
that property under common ownership and common use be combined tlu�ough platting or
registered land survey into a single pazcel. They propose common use but ownership of all the
property will not be conveyed to Luther until sometime in the future. A PUD rezomng and
redevelopment plan approval will be necessary to accommodate the plans proposed by Iuther.
When ownership of the property is obtained, Luther will be required to replat the property to
conform with city ordinances. In the meantime, they can function with appropriately agproved
and executed agreements that for all practical purposes negate property line clivisions. They also
need to proceed under a Planned Unit Development to waive the 40 ft. rear yard setback
requirement for 430168� Avenue North and to allow green strip encroachments for parrkin�
along I-94 and display pads with pergolas or railing features alon� Brooklyn Boulevard, 68
Avenue and I-94. The reaz yard setback requirement for 430168 Avenue North would
disappear if the property were replatted into a single lot which wauld then be considered a comer
lot with no rear yard s�tback at all. This is how it will function anti under the Planned Unit
Development is an acceptable situarian.
7-17-08
Page 2
As the Commission is aware, a Planned Unit Development proposal involves the rezoning of
land to the PUD designation followed by an alpha numeric designadon of the underlying zoning
district. This underlying zoning district provides the regulations governing uses and structures
within the Planned Unit Development. The rules and regulations governing that district (G2)
would apply to the development proposal. One of the purposes of the PUD district is to give the
City Coancil the needed flexibility in addressing development and redeveIopment problems and
issues. Regulations and uses governing uses and structures may be modi�ied by conditions
ultimately imposed by the City Council on the development plans. As mentioned in this case, the
applicant will be seeking modifications to allow the waiving of the rear yard setback for the PBG
building as well as various encroachments on the 15 ft. green strips along 68`� Avenue, Brooklyn
Boulevard and the I-94 right af way. Also, potential waivers from the platting requirements that
should require the•multiple parcels to be combined into a single parcel of land.
Their plan for offsetting these aspects of the plan include the fact that with replatting a single lot
would be created which would be a corner lot, not requiring any rear yard setback for buildings.
As the plans will indicate, the encroachments allowed into the 15 ft. green strip requirements
appear to be offset by the decorative nature of the display pads with pergolas or railings
highiighting these features. With respect to parking encroachment along the I-94 right of way,
the lack of a 15 ft. green strip will hardly be noticeable given the amount of excess right of way,
a fence in this area and the elevation of the on ramp from Brooklyn Boulevard to I-94.
The Planning Commission's attention is dix�ected to Section 35-355 of the City's Zoning
Ordinance which addresses Planned Unit Developments (attached}.
REZONING
The PUD process involves a rezoning of land and, therefore, is subject to the rezoning
procedures outlines in Section 35-210 of the zoning ordinance as well as being consistent with
the City's Rezoning Evaluation Policy and Review Guidelines contained in Section 35-208. The
Policy and Review Guidelines are attached. for the Commission's review. The applicant has
submitted a written narrative describing their proposal and has made some general comments
relative to how they believe their proposal has a positive impact and can be considered consistent
with the policy and review guidelines.
As with all rezoning requests, the Planning Commission must review the proposal based on the
Rezoning Evaluation Palicy and Review Guidelines contained in the zoning ordinance. The
policy states that rezoning classifications must be consistent with the City's Comprehensive Plan
and must not constitute "spot zoning", which is defined as a zoning decision which discriminates
in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted
planning principals. Each rezoning proposal must be considered on its merits and measured
against the City's policy and against the various guidelines, �vhich have been established for
rezoning review. As noted previously, the Luther Company has submitted previously two
proposals for Planned Unit Developments in this area which have been considered and approved
by the City Council based on a review and evaluation of the Poiicy and Review Guidelines
contained in Section 35-208. We do not believe it is necessary to go point by point through this
7-17-08
Page 3
evaluation process again as we believe this proposal to be consistent with the past Planned Unit
t
'nes.
The cutren
uests and is consistent with the Polic and Revie
w Guideh
Development req Y
alershi s as s ial uses in
-2 ommerce which allows automobile de pec
zoning of the property is C(C P
this Zonin district. S ial Use Permits have been ted for both the east and west sides of
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Brookl Boulevard in this area for automobile dealerships and automobile ciealerships involving
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service and repair, retail sales and associated parking and storage of new and used motor vehicles
have been a use of the property for we�l over 40 years. Expansion and redevelopment of these
types of uses certainly appears to be appropriate given the nature of the zoning districts in this
area. 7'he Comprehensive Plan acknowledges commercial retail uses in this area and the
ro osed redevelo ment b Luther can be considered ta be consistent with the Ciry's
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a. The 'delines enerall ask if there is a cleaz and public neeci
Com rehensive Plan for this are g y
p
ro sed rezonm zomn consistent and com atible with surrounding land use
or benefit; is the p po g g P
classifications; can all permitted uses in the distnct be contemplated for deveiopment; will the
subject property bear fully the ordinance development restrictions for the proposed district; is the
best interest of the communi and dces the ro osal demonstrate merit beyond
ro sal in the �y, P P
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their
the interests of an owner or owners of an individual parcel. The applicant notes that
and addition to the we
st side of Brookl Boulevard and
proposal will be a complete overhaul Yn
will contain various upgrades to the property which they believe will allow for a safer, logical
flow of traffic on the site and bring it into compliance with current city and code requirements.
We would cancur that the proposal does indeed meet the Evaluation Policy and Review
Guidelines in that it is com atible with the standazds, purp
oses and intent of the Planned Unit
P
f r the utihzation of land
in a
Development section of the zoning ordinance. The proposal allows o
ner that is com adble with com liment to and of comparable intensity to adjacent land
man azY
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uses as well as those that are permitted on surrounding properiy. It is considered a reasonable
use of the property and it will conform with ordinance requirements except for the appropriate
waivers to the various requirements as outlined in the development plan. It can be considered
consistent with the recommendations of the City s Comprehensive Plan and it appears to be a
d that develo ment can be considered an asset to the
ood lon ran e use of the existing land an p
g g g
community and further can be considered to be in the best interest of the City.
STTE AND BUII�ING PLAN
PROPOSAI.�
As mentioned previously, the applicant is pmposing under this PUD application to expand the
Chevrolet dealership at well as to modify the building at 4301 68�' Avenue North to
accommodate a new BPG showroom and service center. All barriers between these sites will be
removed and there will be a free flow of traffic between the two buildings and parking will be
such to accommoda.te each of the buildings needs as well as cammon access throughout the site.
The site will be completely upgraded to include new paving, curb and gutter, site utilities,
lighdng, landscaping, and removal of overhead utility lines where possible. Once the BPG
facility has been relocated from its current location at 6800 Brooklyn Boulevard, the second
phase or the east side Planned Unit Development will proceed.
ACCESS/PARKING
There will be three access points to this consolidated site. One along Brooklyn Boulevard will be
7-17-08
Page 4
relocated approximately 50 ft. to the north. The applicant has reviewed this plan with Hennepin
County, the road authority. The proposal is acceptable to Hennepin County and they note that the
greater distance from the I-94 ramp is a benefit and they also believe the closi�ng of the existing
access on 68�' Avenue near Brooklyn Boulevard will enhance traffic operations in the azea.
There will t� two access points along 68�` Avenue, an existing access just westerly of the
existing building and a shared access with the Atlantis Pool site at the westerly portion of the
property. As mentioned, an existing access close the intersection of 68�-Avenue and Broaklyn
Boulevard will be closed which is considered an improvement to the existing situation. Access
and circulation throughout the site will not be hindered by physical barriers. The site will act as a
single site as if it were platted that way. Appropriate cross access agreements will be necessary
to allow for the free flow of traffic that is planned.
Parking for the site is based on a combination. of parking formulas. The retail parldng formula of
5.5 parking spaces per 1,000 sq. ft. of gross floor area for the retail portions of the building; the
office pazking formula of one sgace for every 200 sq. ft. gross floor area for the o�ceJservice
portions of the building; one space for every service bay and one space far every service bay
employee for the service garage areas; one space for every 800 sg. ft. gross floor area for strictly
storage areas; and two parking spaces for service vehicles for each of the two buildings.
Required pazking for the BPG site based on these formulas is 88 parldng stalls, a total of 123
pazking spaces is provided on what is considered the site for the BPG operadon which includes
the old Iten Leasing building and the Porter Cable site. The parking requirement for the
Chevrolet building which includes display, service, and service bays is 398 stalls, a total of 636
parking spaces are pravided on the Chevrolet site. A significant amount of display parking will
be available above and beyond the required parking for both the BPG opezation and the
Chevrolet operation.
As mentioned previously, the applicant is requesting modificadon to the Ciry Ordinances to be
allowed to provide decora.tive display areas at certain locations along Brooklyn Boulevard, 68`�
Avenue North and one along the I-94 right of way. In addition, they are requesting to be allowed
to park closer to the I-94 right of way than the 15 ft. typically required. This would establish an
approumate 5 ft. green strip where none cuirently eJCists. This appears to be appropriate given
the distance between the property line and the I-94 ramp and the elevation in this area. The
display azeas as shown on the plans are decorative display pads containing in sorne cases �a
pergola and fence area and in others a fenced or railing area for display purposes. The display
with railings would be on either side of the entrance off Brooklyn Boulevazd and either side of
the entxance off 68� Avenue and a similar display area would be along I-94. The display pad
with pergola and fencing would be at the southwest corner of Brooklyn Boulevard and 68`�
Avenue North. Given the attractiveness of these disglay areas and the fact that new 15 ft. green
strips are being established along Brooklyn Boulevard and in a larger landscape area at the
southeast corner of the site, the applicant's plans appeaz to be appmpriate and should be
considered acceptable. Continuation of these display areas should be dependent on proper
maintenance and should anly be allowed to be modified or eliminated with the concurrence of
the City of Brooklyn Center.
7-17-08
Page 5
GRADING/DRAINAGFJUTIIITIES
The applicant has provided preliminary grading, drainage, utility and erasion control plans,
which are being reviewed by the Director of Public WorkslCity �ngineer. His coxnments relative
to these items are attached for the Commission's review. The Porter Cable building at 4315 68'�
Avenue North will be demolished and a note on the demolition plan indicates that existing
sanitary sewer and water lines will be capped at the property line. In situations such as this
where buildings are being remaved, normally service �ines are disconnected at t�e main. It is
anticipated that this will be a recommendation of the City Engineer in this case as well. The
preliminary grading and drainage plan indicates B-412 curb and gutter throughout the site. The
ordinance requires B-612 curb and gutter or an approved alternate by the City Engineer. When
reviewing past Planned Unit Developments for the Luther proposals, the City Engin:eer had
indicated that the B-412 curb and gutter might be accepta.ble in certain areas where no water
would be conveyed. It is not anticipated that the Ciry Engineer wauld approve the B-412 curb
and gutter (which is a 4 inch high curb and 12 inch gutter) throughout the entire site as is being
proposed. Approval of the curb and gutter plan is subject to approval by the City Engineer. The
existing buildings are currently served by sewer and water and an evalua.tion of the drainage plan
is being undertaken by the City Engineer as well. A bio infiltration facility is planned to the west
of the BPG facility. The drainage and water run-off plans are subject to the Shingle Creek
Watershed Management Comrnission review and approval. It should be pointed out that all
parking and storage of vehicles must be on improved hard surface areas of bituminous or
concrete. No vehicle parking or storage may be in landscaped areas other than the approved
display areas and improved surfaces in areas must be provided.
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system utilized
by the Commission to evaluate such plans. They have divided the site into two lots which they
label as Lot D which is 2.15 acres in area and is the BPG site essentially. The other lot is labeled
as Lot C and is 8.55 acres in area and is essentially the Chevrolet site. The BPG site requires 172
landscape points and the applicants propose to provide 205 points with a variety of shade trees,
coniferaus �rees, decorative trees and shrubs. Five of the shade trees will be found along the 68�
Avenue North green strip and are Red Mound Ianden. An additional Red Mount Linden and two
Cut Leave Weeping Birch will be found by the Bio Infiltration facility. Five Austrian Pine and
two Prairie Fire Crabapple will also be found in the green strip area along 68� Avenue. Six
coniferous trees including five Colarado Spruce and one Austrian Pine will be around the Bio
Infiltration faciliry. Shrubs such as Dwazf Arctic Blue Willow, Isanti Dogwood and Yellow
Twig Dogwood will be in this rain garden area. Foundation shrubs including Russian Cypress,
Niagara Yew, and Blue Chip Juniper are included and Cardinal Red Dogwoad, Dwarf European
Cranberry Bush and Neon Flash Spirea are included around the perimeter of the display areas.
Nineteen Redmond Linden are to be found around the green strips along 68�, Brooklyn
Boulevard and in an island planting area west of the Chevrolet building. Thirty-seven Austrian
Pine and Colorado Spruce are pmvided primarily in the western portion of the Ghevrolet site in
7-17-08
Page 6
green strips and in the planting area west of the building. An island planting area containing
Austrian Pine, Colorado Spruce as well as shrubs are in a planting area to the south of the
building between the building and I-94. The landscape plan exceeds the point system for both of
these lots and is considered acceptable.
BUII.IDNG
The applicant has submitted building elevations and floor plans for the proposed building
additions. The Chevrolet building will be primarily 4 ft. precast panels and EFIS reveals along
the four sides of the building. Storefront windows will be provided along the east elevation
(Brooklyn Boulevard) and the easterly portion of the south elevation and the northeast corner of
the building where a building addition is being made. Service doors will be provided along the
Brooklyn Boulevard portion of the site as well as at the west end of the building. The BPG
building will be of simila� building material with the east elevadon facing Brooklyn Boulevard
being considered the front of the building. The north elevation and west elevation will contain
storefront windows as well. Service doors will be found on the east and west elevations for the
service write up area and service doors for service bays will be located along the south wall of
the building as well.
LIGHTING/TRASH
The applicant has submitted a lighting plan indicating proposed foot candles for lighting on the
site that appear to be consistent with Section 35-712 of the city ordinances. 1�venty four foot
high light poles aze provided around the entire site and in island areas and curb protected areas
throughout the two sites. City ordinances require that all exterior lighting be provided with
lenses, reflectors or shades so as to concentrate illumination on the property. Our main concern
is that all lighting be shielded and directed on the site to avoid glare to abutting properties and
abutting street night of way and that it be consistent with the standazds that are noted above. The
site will be well lit and the applicant will be responsible to avoid glare off the site.
A trash enclosure is provided in the center of the site, apparendy to provide for both huildings.
No details are provided; however, the structuxe should be a masonry unit with sides high enough
to screen any trash containers from view and should include solid opaque gates to completely
screen the trash containers on the site.
PROCEDURE
State Statutes r�equire the Ciry to respond to zoning applications within a 60 day time limit from
the day a properly submitted application has been filed with the City. This application was filed
on June 19, 2008 and City Gouncil action should be taken by August 18, 2008. Due to zoning
requirements for notice and publication, the applicadon needs to be submitted approximately
four weeks prior to the Planning Commission's public hearing. The clock, however, begins on
the date the applicatian is accepted. Therefore, the zoning decision must be made by the City
Council no later than August 18, 2008.
7-17-08
Page 7
A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun/Past
and have been sent to surrounding property owners. The Planning Commission, following the
public hearing, may wish to consider a draft resolution which has been prepared for
cansideration. The draft resoludon outlines various possible findings with respect ta the Planned
UniE Development and minimum conditions related to the development plan approval.
7-17-08
Page 8
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June 19, 2008
Mr. Ron Warren
Planning Department
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Re: PUD Applica.tion- The Luther Company, LLLP
Brooklyn Bouleyard Developments
Dear Mr. Warren:
The Luther Company, LLLP is submitting its PUD applica.tion for the r�evelopment of
two major �arcels iocated at Brooklyn Boulevard and Hwy. 694. The properties located
t f er Ta stee site 6700 Brookl Blvd. former Ryan property),
at 4215 69 Ave. N( orm y yn t
6800 Brooklyn Blvd. (Brookdale Buick, Pontiac, GMC property), 4101 69�' Ave. N.
(former Gruenke property) and 4011 69�' Ave. N. (forrner Dawson property) will
collectively be referred to as "Luther East Side Development The properties at 6701
Brooklyn Blvd. (current Brookdale Chevrolet), 4301 68"' Ave N. (current Luther Credit
Solutions}, and 43 I 5 68�` Ave. N. (former Porter Cable property) will collectively be
referred to as "Luther West Side Development
In September, 2005, Luther had submittad a PUD application and was approved for the
Luther East Side Development site (not including 4101 and 4011 69�' Ave. N.). At that
time, the plan had two phases. The first was to dexnolish the former Taystee building and
the buildings on the Ryan properties at 6700 Brooklyn Boulevard and loca.te all Chrysler
Jeep Dodge operatians in the 6800 Bmoklyn Boulevard store (was previously just a
the Dainilez' C ler desi
Dod e facili Facili modificadons inco ratin hrys gn
g t3') tY g
elements and changes to accommodate operation needs were aisa plarined for the 6800
building. Phase II was to develop a fuhue dealerslv.p site on the south side of the
property at 6700 Brooklyn Boulevazd (former Ryan properties). At that time, it was not
known what dealership entity would oceupy that spac�.
The Ryan buildings were demolished in February, 20Q6 and the Taystee building
demolished in December, 2006. A new opportunity occurred when The Luther
Company, LLLP purchased the Iten Chevrolet franchise in September, 2006. Tlus
acquisition prompted a re-evaluation of the plans for the PUD approvetl in late 2005.
In 2006, vehicle manufacturers were actively consolidating franchises. These actions
created further evalua.tion for the plans of the PUD. Numerous discussions were held
regarding the future of Luther Dealerships in Brooklyn Center. It was deeided that the
3701 ALABAMA AVENUE SOUTH ST. LOUIS PARK, MN 55416
tei: 952.258.8800 fax: 952.258.8900 web• www.lutherauto.com email: info(c�lutherauto.com
two growing franciuses, Toyota and Honda, would be best located on the east side of
Brooklyn Boulevard and that the two domestics, Chevrolet and Buick, Pontiac, GMC
(BPG) would occupy the west side maintaining the current location of Chevrolet. Two
additianal properties (4101 and 4011 69�' Ave. N.} were purchasal on the east side to
accommodate the spatial needs for Honda and Toyota.
Both deveiopments require a rezoning to a PUD. First addressed is the Luther West Side
Development. The Luther Campany has combined the Chevralet operations from the
former Iten and Walser Chevro�et businesses. A major remodel and minor buiiding
addition to the current Brookdale Chevrolet building is planned as a resul� The remodel
is necessary to bring the building up to current codes, address eustomer and workflow
conveniences and to meet new manufacturer design element standards. The site will be
completely upgraded to itnclude new paving, grading, curb gutter, site utilities,
lighting, landscaping, sigrtage, removal of overhead utility Iines (where feasible), and
relocation of a curb eut and removal of another. T'he second projeet is the ereation of a
new BPG facility in the building on the 4301 68`� Ave. N. site. This wi11 be a complete
overhaul and addition to that building. This site will undergo the same upgrades as listed
for the Brookdale Chevrolet proje�t. We believe the proposed changes will allow for a
safer, Iogieai flow of traffic on the site and bring it into compliance of cuarent city zoning
requirements.
The PUD is necessary for a couple reasons. The first is to allow far a variance of the set-
back requirexnent of the property that aligns with Hwy. 694. To off-set this requirement
and in collaboration with City Staf� we will provide additional landscaping within the
site. The second reasan for the PUD is the variance needed €or yard set-back
requirements between the Chevrolet and proposed BPG parcels to accommodate the
inability to combine parcels due to different owner entities. The 6701 Brooklyn Blvd.
and 4301 68�' Ave. N. properties are owned by Automotive Sales Service and not The
Lutlier Company, LLLP. But, the 4315 68`� Ave. N. praperty is owned by The Luther
Compan�, LLLP. The expansion and remodel of the propos� BPG building on the
4341 68 Ave. N. parcel places the set-back close to the 670i Brooklyn Blvd. property
line. These variances wouid nat crea.te a substantial physical or zoning classifica.tion
change and the pmperty remains suited for its use as a vehicle dealersYup. The set-backs
would be consistent witti its current configuration and aze compatible with surrounding
uses. This re-zoning will not result in the expansion of a zoning district and is consistent
with the Comprehensive Plan. The property is suited for these uses permitted in the
district relative to size, configuration, topography and location. We believe the proposal
demonstrates merit beyond the interests of the owners.
For the Luther East Side Development, rezoning to a PUD is also necessary for a couple
reasons. First, we would Iike to incorparate whaf were previously two residential
properties (4101 and 4011 69`� Ave. N.) into this site. The remainder property is zoned
appropriately for automotive sales and service. Secondly, the service use will abut
residential property which also requires the rezoning. The vast majority of this property
has historically be�n used as an automotive site, s.o the proposed rezoning is consistent
and compatible with surrounding land use classifications. The rezoning does not propose
a major change in use and is consistent with the Comprehensive Plan. This property will
bear fully the ordinance development restrictions for this proposed zoning district with
the exception of the service azea which abuts residential property. To accommodate this
situation, the portion of the property that abuts the residential zoning is fully screened by
an eight-foot high privacy fence and new azeas affected wiil be Iikewise. This rezoning
will result in the expansion of the PUD, but, as previously mentioned, is consistent with
surrounding land use and demonstrates a solid interest in this community.
Development plans for the Luther East Side Development first includes the demolition of
the current BPG building at 6804 Brooklyn Boulevard. This will not occur until its new
facility across the street is completed. A new Bmokdale Honda facility will be built on
that northern portion of the site and a new Toyota City facility will be built on the
southern portion {closest to Hwy. 694). These will be state of the art facilities each with
SO,OOQ sq. ft. plus footpri.nts showcasing the latest manufacturer design requirements and
customer accommodations. The Luther Company had recently built similaz facilities in
Hopkins (Hopkins Honda) and Galden Valley (Rudy Luther Toyota).
The customer contact locations will face Brooklyn Boulevazd. The showfloors and
service drive aisles will be visible from the Boulevard making it easy for customers to see
their destinations. Vehicle service and car wash operations will occur in, the back portions
of the liuildings. Significant site work including new curb and gutter, paving, lot lights,
signage and Iandscaping will upgrade the site considerably. Yard and landscaping will be
in conformance with current City requirements on the entire perimeter of the property.
This is a complex project with timely sequential elements. It represents a significant
investrnent from the Luther Company to the City of Brooklyn Center. We have been a
part of this community for many decades and are excited about continuing our positive
working relationship with your city. Thank you for your consideration of this request.
Respectfully submitted,
4
�7t
Linda McGinty
The Luther Company, LLLP
Director of Real Estate Development
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: July 9, 2008
TO: Ron Warren, Planning and Zoning Spe�ialist
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Luther Brookdale Chevrolet, Honda and Toyota
BRI MAR 2� ADDiTION
Planning Commission Applications 2008-043, 2008-004 and 2008-005
Public Warks Department staff reviewed the following preliminary documents submitted for review
under Planning Commission Applications 2008-003, 2048-004 and 200$-005.
Plan Set Titled: Luther Brookdale Chevrolet and Brookdale Buick Pontiac GMC, dated
June 9, 2008
Plan Set Titled: Luther Brookdale Honda and Toyota City Scion, dated June 19, 2008
Preliminary Plat Titled: BRI MAR 2� ADDTTION, dated June 19, 2008
Preliminarv Plat (Apulication 200&004)
The preliminary plat includes Lots 1 and 2, Block 1, Bri Mar Addition and a portion of Lot 3, Auditor's
Subdivision No. 25. Lot 1, Black 1, Chrysler Realty Addition is also shown on the preliminary plat.
However, the land within the Chrysler Realty Addition boundary is not included in the proposed.plat at
this time due to environmental remediation work being conducted within the parcel. This remediation
work is associated with a former land use.
The final plat for BRI MAR 2 ADDTfION shall incorporate the following modificarions and
conditions.
1. The proposed development site is adjacent to County State Aid Highway (CSAH) 152. A copy
of the preliminary plat was submitted to Hennepin County Transportation Planning Division for
review. The final plat must conform to requirements as set forth by Hennepin County.
2. The applicant shall provide the City with an executed copy of a shared access easement over Lot
1 of the proposed plat for a shazed driveway access onto CSAH 152 at 68�' Avenue North. The
shazed access easement must be provided prior to release of the final plat.
6301 Shingde Creek Parkway Recreation and Community Center Phone TDD Nuinber
•Brookl n Center MN 55430-2199 (763) 569-3400
y
00 FAX 763 569-3434
City Hall TDD Number (�63) 569 33
763 569-3494 Pa e 1 o S
FAX 8' .f
www.cit o rookl ncenter.or
y t� y g
City of Brooklyn Center
A Millennium Community
3. The final plat shall include 10-ft wide drainage and utility easements along the perimeter of the
plat and along internal property lines. The final plat shall alsa include a drainage and utility
easement extending over the boundary of the existing signa2 and �tility easement per pocument
Nos. 3457153 and Document No. 3457154.
4. The applicant shall be responsible for coordinating site development plans with Xcel Energy,
CenterPoint Energy, Qwest Communications and other private utility companies. Easements
necessary to pravide utility service to the proposed site development shall be dedicated to the
public for public use with the final plat.
5. 'The property owner of Lots 1 and 2, Block 1 of the proposed plat shall enter into a utility
maintenance agreement with the City to provide for the long term maintenance of private
utilities and storm water facilities that will serve a joint or common use between lots within the
proposed plat. The utility maintenance agreement must be executed by the owner and the City
prior to release of the final plat.
Water and Sanitarv Sewer Utilitv Service
The Utility Plans shall incorporate the following modifications for water and sanitary sewer service to
the two development sites.
1. All water and sewer services for the existing building scheduled for removal shall be properly
disconnected in confarmance with City specifications prior to building demolition. The
applicanYs contra.ctor shall have all service disconnections inspected and approved by City
utility staff prior to backfill. This requirement shall apply to all building removals, including the
buildings located at 6800 Brooklyn Boulevard and 4315 68`� Avenue.
2. The utility plans for the proposed Toyota Building (Application 2008-005, Lot 2, Bri Mar 2"
Addition) sha.11 be modified in accordance with the following items.
A. The utility plan shows an 8-inch diameter and 12-inch diameter water main extending
along the south property line adjacent to the highway exit ramp. City records indicate
the presen�e of an 8-inch diameter water main only. The plans shall be amended to
remove the reference to a 12-inch diameter water main along the south praperty line.
B. The applicant is proposing to remove the existing water main loop extending through
Lot 2. The utility plan shall be amended to show the existing water main extending
from the east praperty line to the water main located within Grimes Avenue. The plans
shall show the disconnection of this water main on the west side of the hydrant located
on the west side of Cmmes Avenue and installation of a MJ plug.
C. The utility plan shall he aznended to show the installation of a MJ ptug on the existing
8x6 Tee along the south properry line. Alternatively, staff recommends that the new 8-
inch diameter water main for the Toyota site cannect to tYie existing 8x6 Tee with an 8x6
reducer. This arrangement would likely provide similar or improved flow capacity as
compared to the proposed 8-inch wet tap shown on the pla.ns.
6301 Shingde Creek �ir lty plan shall be amended to '�P'�c6�r�''P'�4� ��f4l��d�'��mb
Brooklyn Center, MN 55 -2� lead near the PN outsi 76 ������1 building.
Cit Hall TDD Numb���
y
FAX (763) 569-3494 Page 2 of S
www. cityofbrooklyncenter. org
E. The applicant shall provide inspection docurnenta.tion to utility staff for the private
sanitary sewer extending between the west property line and Grimes Avenue. This line
shall be inspected and videa recorded with televising equipment to document pipe
condition, leaks, or infiltration of the service pipe.
3. The utility plans for the proposed Honda Bnilding (Application 2008-QOS, Lot l, Bri Mar 2"
Addition) shall be modified in accordance with the following items.
A. The utility plan shows a sanitary sewer manhale near the north property boundary at the
connection point to the existing sewer service. This structure will be a new manhole
installed by the developer.
B. The applicant shall cansider starting the new water main installation upstream of the
proposed building service connections for the Honda building due to the age and
unlaiown condition of this service. The location of the proposed 8x6 reducer should be
shifted upstream of the proposed water main bend. All water ma.in bends shall include
mega-lug restraints and proper thiust blocking.
C. The utility plan shall be amended to show a control valve on the 3-inch diameter
domestic service lead. near the PIV outside of the proposed Honda building.
4. 'The utility plans for the proposed Che�rolet, Buick, Pontiac, GMC site (application 2008-003)
shall be modified in accordauce with the following items.
A. The utility plan shall be amended to label the location and size of the existing water and
sanitary sewer services to the proposed Buick, Ponfiac, GMC building. The water
service shown on the udlity plan within 68"' Avenue is an existing 6-inch diameter fire
line to the building. A separate domestic water service for the BPG building extends
fronz the rnain in the street along the east side of the building and enters the structure in
the southeast comer of the building. This water service includes a curb stop located near
the north property line.
B. The utility plan shall be amended to label the location and size of the existing water and
sanitary sewer services to the Chevrolet building. The water service leading to the
southeast corner of the building is an existing 8-inch diameter fire service line. The
water service curren�ly labeled "Possible Watermain" is the domestic water service
leading to the water meter on the north side of the building. The applicant shall locate
and document the location of the existing sanitary sewer leading to the building.
C. The applicant shall contact the City's Fire Chief to discuss the need for additional fire
hydrants within the site.
5. The site plans shall be subject to the approval of the City Fire Chief and Building Official,
including hydrant spacing requirements and any other requirements of the Fire Department.
Page 3 of 5
Site Lavout and Traft�c
Traffic access to L,ots 1 and 2 of the proposed plat (Toyota. and Honda Site) includes a signalized
intersection at 68�' Avenue North along the west boundary of Lot 1(Honda) and a right-in right-out
access point along the west boundary of Lot 2(Toyota). The signalized intersection at 68`� Avenue
North is intended to serve both Lots 1 and 2 through a driveway access agreement that must be amended
prior to release of the final plat. The site plans include two driveway access points along 69�' Avenue,
including the existing access near Brooklyn Boulevard and the relocation of the east access to align with
the intersection of Halifax Avenue.
Traffic access to the existing Chevrolet site includes one right-in right-out access point along Brooklyn
Boulevard that is proposed to be relocated approximately 50 feet north. The site plans indicate the
proposed removal of one driveway access along 68�' Avenue that is currentty located near the
intersection with Brooklyn Boulevard and the reconstruction of the two remaining access driveways
along 68�' Avenue.
1. I�ennepin County Transportation Department issued a letter dated June 12, 2008 indicating that
the proposed relocation of the driveway entrance along Brooklyn Boulevard for the Chevrolet
site is acceptable, based on the proposed closure of the above referenced driveway along 68�'
Avenue. The applicant shall obtain a right-of-way permit from Hennepin County prior to
initiating relocation of the driveway entrance.
2. The site plans for the Honda/Toyota sites on the east side af Brooklyn Boulevard include the
insta.11ation of a turn lane within the median of 69`� Avenue to allow westbound left turns into
the site at Halifax Avenue. The proposed tum lane will improve safety conditions along 69
Avenue. The applicant's engineer shall meet with City staff to further discuss final design
issues for the turn lane, including the extension of the median nose to the west and reduction in
the overall leng#h of the turn bay.
3. The applicant shall take appropriate measures to protect and preserve all trees, landscaping
items, street tights and sidewalk within the public right-of-way and highway easements
extending along Brooklyn Boulevard (CSAH 152) and 69� Avenue North during site
construction.
4. All curb replacement adjacent to the perimeter of the site boundaries (Honda/Toyota and
Chevrolet sites) shall be Type B612 or B618 in accordance with City Ordinance Section 35-710.
table in locations not ad'acent to the outer perimeter of the
use of T e B412 curb is acc 7
The yp eP
redevelopment sites.
5. The site plans for the HondalToyota site and the Chevrolet site shall be amended to identify
'o s tha.t are reserved for the loadin and unloading. of vehicle transport tiucks.
cific locah n g
I
on ublic streets.
Loading and unloading of velucle tra.nsport ttucks will not be allowed p
Page 4 of S
Storm Water Mana�ement
The applicant has �provided data showing that the proposed site improvements on the west side of
Brookiyn Boulevazd (Chevrolet site) will result in a net decrease in impervious surface. The site plans
water
mana ement vaults as
art of the site
inctude a biofiltrat�on fa.cilit}+ and two underground storm g P
improvements on the Chevrolet site.
The site lans for the east side of Brooklyn Bot�levard (HondaPToyota site) indicate that proposed
P
improvements will result in a net increase in impervious surface of 0.84 acres. The site plans mclude
the installation of two underground storm water vaults to manage runoff from the site.
1. Further details "regazding the design of the underground storm water vaults shall be prepared and
submitted to City staff for review and approval. The design of the underground vaults shall
include a section of the vauit with a solid bottom, access haxch and floatable. skimmer capability
to assist in long-term maintenance of the structure.
2. The applicant shall apply directly to Mn/DOT for authorization to install the proposed storm
sewer outfa.11s within the Mn/DOT right-of-way.
3. The site plans are subject to review by the Shingle Creek Watershed Management Commission.
The applicant shall submit the proper watershed forms, plans and fees to City staff. The City
will forward the application materials to the Watershed Coxnmission for review.
4. Erosion control measures shall be installed prior to initiating construction work within the
project sites.
5. An NPDES construction site erosion control permit must be obta.ined frorn the Minnesota
Pollution Control Agency prior to disturbing the site.
ation submitted b the a licant at the time of
The above comments aze provided based. on the inform y PP
this review. Subsequent approval of the final plat and site plans may require additional modifications or
easement dedications based on engineering requirements associated with final design of the water
supply, storm drainage, sanitary sewer, gas and electric service, final grading and geometric design as
established by public officials having jurisdiction over approval of the final site plans.
Page S of S
City of $=�►oklyn Center
Section 35-208 REZOI�TING EVALUATION POLICY AND REVIEW GUIDELINES.
1. Pnroose
The City Council finds that effective maintenance af the compre6ensive planning and Eand use
classifications is enhanced through uniform and equitable evaluation of periodic proposed
changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77-
167, the City Council has established a rezoning evaluation policy and review guidelines.
2. Policv
It is the policy of the City that: A) Zoning classifications must be consistent with the
Comprehensive Plan, and, B) Rezoning proposats witl not constitate "spot zoning", deFined
as a zoning decfsion, which discriminates in favor of a particular la�ndowner and does not
relate to the Compre6ensive Plan or to accepted planning principtes.
3. Procedure
Each rezoning proposal will be considered on its merits, measured against the above policy
and against these guidelines, which may be weighed collectivety or individually as deemed by
the City.
4. Guidelines
A. Is there a clear and public need or benefit?
B. Is the proposed zoning consistent with and compatib►e with surrounding land use
classifications?
G Can alt permitted uses in the proposed zoning district be contemplated for development of
the sabject property?
D. Have there been substantial physical or zoning classification changes in the area since the
subject property was zoned?
E. In the case of City-initiated rezoning proposals, is there a broad public purpose evident?
F. Will the subject property bear fully the ordinance development restrictions for fhe
proposed zoning districts?
G. Is the subject property generally unsuited for uses permitted in the present zoning distrtct,
with respect to size, contiguration, topography or location?
H. Will the rezoning result in the expansion of a zoning district, warranted by: 1)
Comprehensive planning; 2) The lack of developable land in the proposed zoning district;
I erests of the cammu
ni
or, 3) The best int ty•
I. Does the proposal demonstrate merit beyond the interests of aa owner or owners of an
individual parceI?
2) Public recreational buildings and pazks, playgrounds and athletic
fields.
3) Sigps as permitted in the Brooklyn Center Sign Ordinance.
Section 35-355. PLANNED UTTIT DEVELOPMENT.
Subdivision 1. Pumose.
The purpose of the Planned Unit Development (PUD) district is to pramote flexibility in land
developm�nt and redevelopment, preserve aesthetically signifiicazit and environmentally
sensitive site fea.tures, conserve energy and ensure a high quality of design.
Subdivision 2. Classification of PUD Districts: Permitted Uses: Apnlicable Reeulations.
a Upon rezoning for a PUD, the district shall be designated by the letters
"PUD" followed by the alphanumeric designation of the underlying zoni.ng
district which may be either the prior zoning classification or a new
classification. In cases of mixed use PUDs, the City Council shatl, wheaever
reasonably practicable, specify underlying zoning classifications for the
various parts of the PUD.
When it is not reasonably practicable to so specify underlying zoning
classificatians, the Council may rezone the district, or any part thereo� to
"PUD-MIXED"
b. Reguiatians goveming uses and structures in PUDs shall be the same as those
goveming the underlying zoning district subject to the following:
1. Regulations may be modified expressly by conditions imposed by the
Council at the time of rezoning to PUD.
2. Regulations are modified by implic,ation only to the extent necessary
to comply with the development plan of the PUD.
3. In the case of districts rezoned to PUD-�D, the Council shall
specify regulations applicable to uses and structures in various parts
of the distric�
City of Brooklyn Center 35-47 City Ordinance
c. For purposes of deterinining applicable regulations for uses or structures on
land adjacent to or in the vicinity of the PUD district which depend on the
zoning of the P�JD district, the undertying zoning classificatian of PUD
districts shall be deemed to be the zoning classification of the district. 1n the
case of a district zaned PUD-MIXED, the underlying zoning classification
sha11 be deemed to be the classification which allows as a permitted use any
use which is permitted in the PUD district and which results in the most
restrictive regulation of adja►cent or nearby properties.
Subdivision 3. Develooment Standards.
a. A PUD shall have a minimum azea of one a.rre, excluding land included
within the floodway or flood fringe overlay districts and excluding existing
rights-of-way, unless the City finds that at least one of the following
conditions exists:
1. There are unusual physical features of the property or of the
surrounding neighborhood such that development as a PUD will
conserve a physical or terrain feature of imgortance to the
neighborhood or communit}
2. The property is directly adjacent to or across a public right-of-way
from property wluch previously was developed as a PUD and the new
PUD will be perceived as and function as an extension af that
previously approved development; or
3. The property is located in a transitional area between different land
uses and the development will be used as a buffer between the uses.
b. Wit�un a PUD, overall density for residential developments shall be
�consistent with Section 35-400 of this ordinance. Individual buildings ar lots
within a PUD may exceed these standards, provided that density for the entire
PUD does not exceed the permitted standards.
c. Setbacks, buffers and greenstrips within a PUD shall be consistent with
Section 35-400 to 35-414 and Section 35-700 of this ordinance unless the
developer can demonstrate to the City's satisfaction that a lesser standard
should be permitted with the addition of a screening treahnent or other
mitigative measures.
Ciry of Brooklyn Center 35-48 City Ordinance
d, Parking provided for uses within a PUD shall be consistent with the parking
requirements contained in Se�tion 35-704 of this ordinance unless the
develop�r can demonstrate to the City's satisfaction that a lesser standazd
should be germitted on the grounds of the complementazity of peak parlang
demands by the uses within the PUD. The City may ret�uire execution of a
restrictive covenaat limiting future use af the property to those uses which
will-continue this parking complementarity, or which are otherwise approved
by the City.
Subdivision 4. General Standazds.
a. The City may allow more �than one principal building to be constructed on
each platted lot within a PUD.
b. A PUD which involves only one land use or a single housing type may be
permitted pmvided that it is otherwise consistent with the purposes and
objectives of this section.
c. A PUD may only contain uses consistent with the Cit}�s Comprehensive Plan.
d. All properiy to be included within a PUD shall be under unified ownership or
control or subject to such legal restrictions or covenants as may be necessary
to ensure compliaace with the approved development plan and site plan.
e. The uniqueness of each PUD requires that specifications and standazds for
streets, utilities, public facilities and the approval of land subdivision maybe
subject to madifica.tions from the City ordinances generally governing them.
The City Council may, thcrefore, approve streets, utilities, public facilities
and land subdivisions which are not in compliance with usual specifications
or ordinance requirements where it is found that such are not required in the
interests of the residents or of the City, except that these subdivisions and
plans must be in conformance with all watershed, state, and federal storm
water, erosion control, and wetlands requirements-
Subdivision 5. At�nlicabon and Review.
a. Implementation of a PUD shall be controlled by the development plan. The
development plan may be appmved or disapproved by the City Council after
evaluation by the Planning Commission.
Submission of the development plan shall be made to the Direc#or of
Planning and Inspection on such fom�s and accompanied hy such information
and documentation as the City may deem necessary or convenient, but shall
include at a minimum the following:
City of Brooklyn Center 35-49 City Ordinance
1. Slreet and utility Iocations and sizes;
2. A drainage plan, includi.ng location and size of pipes and water
storage areas;
3. A grading plan, including temporary and permanent erosion control
pmvisions;
4. A landscape plan;
5. A lighting plan;
6. A plan for timing and phasing of the development;
Covenauts or other restrictions proposed for the regulation of the
development;
8. A site plan showing the location of all structures and pazking azeas;
9. Building renderings or elevation drawings of aIl sides of a1I buildings
to be constructed in at least the first phase of developmeat; and
10. Proposed underlying zoning classification or classifications.
Such information may be in a preliminary form, but shall be suffi�ciently
camplete and accurate to allow an evaluation of the development by the City.
b. The Planning Commission shall hold a public hesring on the development
plan. Notice of such public hearing shall be published ia the official
newspaper. and actual notice shall be mailed to the applicant and adjacent
property owners as requued by Section 35-210 of tUis ardinaace. The
Planuing Commission shall review the development plan and make such
recommendatians as it deems appropriate regazding the plan within the time
limits established by Section 35-210 of this ordinance.
c. Following receipt of the recommendations of the Planning Commission, the
City Council shall hold such heazing as it deems apprapriate regazding the
matter. The City Council shall act upon the develapment plan within the
time Iimits established by Section 35-210 of this ordinance.
Appmval of the development plan shall constitute rezoning of the praperty to
PUD and conceptual approval of the elements of the plan. In addition to the
guidelines provided in Section 35-208 of this ordinance, the City Council
shall base its actions on the rezoni.ng upon the followiag criteria:
City ofBrooklyn Center 35-54 City Ordinance
1. Compatibility of the plan with the s#andards, purposes and intent of
this section;
2. Consistency of the plan with the goals and policies of the
Com rehensive Pl
p
3. Tfie impaet of the plan on the neighborhood in which. it is to be
located.; and
4. The adequacy of internal site organization, uses, densities, circulation,
parking facilities, public facilities, recreational areas, open spaces,
and buffering and landscaping.
The City Council ma.y attach such conditions to its approval as it may
determine to be necessary to better accomplish the purposes of the PUD
distric�
d. Priar to construction on any site zoned PUD, the de�veloper sha1l seek plan
appraval pursu�t to Section 35-230 of this ordinance. In addition to the
ormation ecificall uired b Section 35-230, the developer shall
SP Y �1 Y
submit such information as may be deemed necessary or convenient by the
City to review the consistency of the pmposed development with the
approved development plan.
The plan submitted for approval pursuant to Section 35-23Q shall be in
substantial compliance with the approved development plan. Substantial
compliance shall mean that buildings, pazking areas and roads are in
essentially the same location as previously appmved; the number of dwelling
units, if any, has not increased or d�reaased by more thaii 5 percent; the floor
area of nonresidential azeas has not been increased or decreaseti by more than
5 percent; no building has been increased in the number of floors; open space
has not been decreased or altered from its original design or use, and lot
coverage of any individual building has not been increased or decreased by
more than 10 percent.
e. Prior to construction on any site zoned PUD, the developer shall execute a
development agreement in a farm satisfactory to the City.
f. Applicants may combine development plan appmval with the plan appmval
required by Section 35-230 by submitting all information required for both
simultaneously.
g. After approval of the development plan and the plan approval required by
Section 35-230, nothing shall be constructed on the site and no building
permits shall be issu� except in confomuty with the approved plans.
C1 O
Brookl Center 35-51 City Ordinance
f
h. Tf within 12 months following appmval by the City Council of the
development plan, no building permits ha.ve been obtained or, if within 12
months after the issuance of building permits no construction has cominenced
on the area approved for the PiJD district, the City Couacil may initiate
rezoni.ng of the P�P�Y•
i. Any maj or amendment to the development plan may be apgroved by the Cify
Council following the same notice and heazing procedures specified in this
section. An amendment shall be considered major if it involves any change
greater than that permitted by Subdivision Sd of this section. Changes which
are deternuned by the City Cauncil to be minor may be made if appmv� by
the Planning Commission� after such notice and hearing as may be deemed
appropriate by the Planning Commission.
City of Brooklyn Center 35-52 City Ordinance
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Member K�Yk e n d a 11 introduced the following resolution and moved its
adoption:
PL,ANNING CONIlVIISSION RESOLUTION NO. 2008-02
RESOLUTION REGARDING THE RECObS.MENDID DISPOSTITON OF
PL,ANNING COMNIISSION APPLICATION NO. 2008-003 SUBMiTTID BY
TI� Lt3THER COMPANY LLLP
sion A lication No. 2008-003 submitted by the
�J]HEREAS, Plannin ComxYUS pp
g
Luther Com any LL:LP proposes rezoning from G2 (Commerce) to PUD/G2 (Planned Umt
P
DevelopmendCommerce} of three contiguous lots located on the west side of Brooklyn Boulevard
ue
between I-94 and 68`� Avenue North and addressed as 6701 Brooklyn Boulevard, 430168` Aven
rth• and
North and 4315 68 Avenue No
VVHEREAS, the pmposal comprehends the rezoning of the above property and
val for the redevelo ment and ex ansion of the eJCisting Chevrolet building
velo ment lan a ro p P
P P PP
Pontiac GMC
existin buildin
for a new Buick,
and the remodeling and expansion of an g 8
dealership; and
�J]EIEREAS, the Planning Commission held a duly called public hearing on July 17,
2008 when a staff report and public testimony regarding the rezoning and development plan were
received; and
WHEREA5, the Planning Commission considered the Planned Unit Development
request in light af all testimony received, the guidelines for evaluating rezonings contained in
Section 35-208 of the City's Zoning Ordinance, the pmvisions of the Planned Unit Development
ordinance contained in Section 35-355 of the City's Zoning Ordinarice and the City's
Comprehensive Plan.
NOW, THEREFORE, BE 1T RESOLVED by the PTanning Advisory Commission
of the Ciry of Brooklyn Center to recommend to the City Council that Application No. 2008-�3
submitted by the Luther Company LLLP be approved based upon tha fallowing considerations:
1. The Planned Unit Development is compatible with the standards, purposes and
intent of the Planned Unit Development section of the City's Zoning Ordinance.
2. The Planned Unit Development proposal will allow for the utilization of the land in
question in a manner which is compatihle with, complimentary to and of
comparable intensity to adjacent land uses as well as those permitted on surrounding
land.
3. The utilization of the prt�perty as proposed under the Planned Unit Development
Rezoning is considered a reasonable use of the property and will conform with
Page 1
PC App 2008-003
'ver of the 40 ft. rear ard setback
ordinance standards except for allowing a wai y
requirement for 43U1 68 Avenue North and to allow gre�n strip encroachments for
parking along I-94 and display pads with pergolas or railings along Brooklyn
Boulevard, 68�' Avenue and I-94 and to allow the three properties under different
ownership to be utilized as a single parcel of land without the benefit of replatting
the property into a single lot. These modifications from the Zoning: Ordinance
standards are justified on the basis of the development being an appropriate
redevelopment of this area and that they are offset or mitigated by various factors
contained in the approved development plan.
The Planned. Unit Development proposal is considered consistent with the
recommendations of the City's Comprehensive Plan for this area of the city.
5. The Planned Unit Development proposat appears to be a good Iong range use of the
existing land and this redevelopment can be considered an asset to the community.
6. Based upon the above considerations, it is believed that the guidelines for evaluating
rezonings as contained in Section 35-208 of the City's Zoning Ordinance aze met
and the propasal is, therefore, in the best interest of the community.
BE TT FiJR3T-�R RESOLVED by the Planning Advisory Commission of the City.
of Brooklyn Center to recommend to the City Council that Application No. 2008-003 be approved j
sub�ect to the following condit�ons and considerahons:
1. The buildin lans are sub'ect to review and a roval b the Buildin Official with
g P J PP Y g
resp�t to applicahle codes prior to the issuance of building permits.
2. Grading, drainage, utility and erosion control plans are subject to review and
approval by the City Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
deternuned based on cost estimates shall be submitted prior to the issuance of
building permits to assure comple6on of all re�uired site improvements.
4. B-612 curb and gutter shall be provid�ed around all parlcing and drivi�g areas except
r where the Ci En eer ma authorize
a lesser standazd such as B-412 curb and
fo
tY S� Y
gutter in non-drainage areas.
5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment
shall be approgriately screened from view.
b. The building and building additions shall be equipped with automatic fire
extinguishing systems to meet NFPA standards and shall be connected to a central
monitoring device in aceordance with Chapter 5 of the City Ordinances.
Page 2
PC App 2008-003
7. Underground irrigation shall be installed in aIl landscaped areas to faciIitate site
maintenance.
8. Plan approvai is exclusive of all signery which is subject to Chapter 34 of the City
Ordinances.
9. The applicant shall submit an as built survey of the property, improvements and
utility service lines prior to the release of the perfornnance guarantee.
10. The owner of the property shall enter into an easement and agreement for
maintenance and inspection of utility and stornn drainage systems as approved by the
City Engineer prior to the issuance of building permits.
11. All work performed and materials used for construction of utilities shall conform to
the City of Brooklyn Center Standazd Specifications and Details
12. The applicant shall provide appropriate erosion control during conshuction as
approved by the City Engineering Department and obtain an NPDES consttuction
site erosion control pernnit from the Minnesota Pollution Control Agency prior to
disturbing the site.
i of Brookl Center to
13. The a licant shall enter into a PUD a ment with the C ty yn
PP
be reviewed and approved by the City Attomey prior to the issuance of building
permits. Said agreement shall be filed. with the title to the property and shall
acknowledge the specific modifications to the G2 unrlerlying zoning district as well
as other conditions of approval. The agr�ment shall further assure compliance with
the development plans submitted with this application.
14. Appropriate cross access and parldng agreements, as approved by the City Attorney
shall be executed and filed with the tides to the property allowing�a�ccess between
6701 Brooktyn Boulevard, 430168�` Avenue North and 4315 68 Avenue North
prior to the issuance of building permits for this project.
I5. The applicant shall receive approval from the Shingle Creek Watershed
Management Commission for their watershed management plans prior to the
issuance of building permits for this project.
26. Modifications to allow green strip encraachments for dec;orative display pads,
pergolas and fencing as indicated on the approved plans are considered to be
acceptable provided they are pmperly maintained, da ao cause clear view visibility
impediments and can be modified., changed or eliminated only with�the approval of
the City of Brooklyn Center
Page 3
PC App 2008-003
17. The owner shall replat the property in accordance with Section 35-540 once
common ownership of the lots is attained.
7�/7- o
Date Chair
A
Secret�.ry
The motion for the adoption of the foregoing resolution was duly seconded by member Roehe
and upon vote being taken thereon, the following voted in favor thereof:
Chair.Rahn, Commissipners Kuykendall, Leino and Roche
and the following voted against the sam�e: None
whereupon said resoludon was declared duly passed and adopted.
Page 4
PC App 2008-003
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION REGARDING TF� DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 2008-003 SUBMITTED BY TI� LUTHER_
COMPANY LLLP
WHEREAS, Planning Commission Application No. 2008-003 submitted by the
Luther Company LLLP proposes rezoning from C-2 (Commerce) to PUD/G2 (Planned Unit
DevelopmentlCommerce) of three contiguous lots located on the west side of Brooklyn Boulevazd
between I-94 and 68�' Avenue North and addressal as 6701 Brooklyn Boulevard, 4301 68�'
Avenue North and 4315 68�` Avenue North; and
WHEREAS, the pmposal comprehends the rezoning of the above properiy and
develapment plan approval for the redevelopment and expansion of the existing Chevrolet building
and the remodeling and expansion of an existing building for a new Buick, Pontiac, GMC
dealership;and
WHEREAS, the Planning Commission held a duly called public hearing on July
17, 2008 when a staff report and public testimony regarding the rezoning and development plan
were received; and
WHEREAS, the Planning Commission recommended approval of Application No.
2008-003 by adopting Planning Commission Resolution No. 2008-02 on July �17, 2008; and
WHEREAS, the City Council considered Application No. 2008-003 at its July 28,
2008 meeting; and
WHEREAS, the City Council has considered this Planned Unit Development
request in light of all testimony receiv�i, the guidelines for evaluating rezanings contained in
Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development
ordinance contained in Section 35-355 of the City's Zoning Ordinance, the City's Comprehensive
Plan and the Planning Commission's recommendations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Application No. 2008-003 submitted by the Luther Company LLLP be
approved based upon the following considerations:
1. The Planned Unit Development is compatible with the standards, purposes and
intent of the Planned Unit Development section of the City'sZoning Ordinance.
i
RESOLUTION NO.
2. The Planned Unit Development proposal will allow for the utilization of the Iand in
question in a manner which is compatible with, complimentary to and of
compara.ble intensity to adjacent land uses as well as those pernutted on
surrounding land.
3. The utilizaxion of the property as proposed under the Planned Unit Development
Rezoning is considered a reasonable use of the property and will confarm with
ordinance standards except for allowing a waiver of the 40 ft. rear yard setback
requirement for 4301 68�' Avenue North and to allow green slxip encroachments for
parking along I-94 and display pads with pergolas or railings along Brooklyn
Boulevard; 68�` Avenue and I-94 and to allow the three praperties under different
ownership to be utilized as a single parcel of land without the benefit of replatting
the property into a single lot. These modifications from the Zoning Ordinance
standards are justified on the basis of the development being an appropriate
redevelopment of this area and that they are offset or mitigated hy various factors
contained in the approved development plan.
4. The Planned Unit Development proposal is considered cansisfent with the
recornmendations of the Ciry's Comprehensive Plan for this area of the city.
5. The Planned Unit Development proposal appeats to be a goad long range use of the
existing land and this redevelopment can be considered an asset to the community.
6. Based upon the above considerations, it is believed that the guidelines for
evalua.ting rezonings as contained in Section 35-208 of the City's Zoning
Ordinance are met and the proposal is, therefore, in the best interest of the
community.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center
tha.t Application No. 2008-003 be approved subject to the following conditions and considerations:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of building permits.
2. Crrading, drainage, utility and erosion control pians aze subject to review and
approval by the City Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to
be deternrined based on
cost estimates shall
be submitted rior to the issuance of
P
building permits to assure completion of all required site improvements.
RESOLUTION NO.
4. B-612 curb and gutter shall be provided around all parkin.g and driving azeas except
for where the City Engineer may authorize a lesser standard such as B-412 curb and
gutter in non-drainage areas.
5. Any outside trash disposal facilities and rooftop or on ground mechanical
equipment shall be appropriately screened from view.
6. The building and building additions shall be equipped with automatic fire
extinguishing systems to meet NFPA standards and shall be connected to a central
monitoring device in accordance with Chapter 5 of the City Ordinances.
7. Underground irrigation sha11 be installed in all landscaped areas to facilitate site
maintenance.
8. Plan approval is exclusive of all signery which is subject to Cha.pter 34 of the City
Ordinances.
9. The applicant shall submit an as built survey of the property, improvements and
utility service lines prior to the release of the performance guararitee.
10. The owner of the properiy shall enter into an easement and agreement for
maintenance and inspection of utility and storm drainage systems as approved by
the City Engineer prior to the issuance of building permits.
11. All work performed and materials used far constiuction of utilities sha11 conform to
the City of Brooklyn Center Standard Specifications and Details.
12. The applicant shall provide appropriate erosion control during construction as
approved by the City Engineering Department and obtain an NPDES construction
site erosion control permit from the Minnesota Pollution Control Agency prior to
disturbing the site.
13. The applicant sha11 enter into a PUD agreement with the City of Brooklyn Center to
be reviewed and approved by the City Attorney prior to the issuance of building
pernuts. Said agreement sha11 be filed with the title to the properly and sha11
acknowledge the specific modifications to the G2 underlying zoning disrtrict as
well as other conciitions of approval. The agreement sha11 fiu�ther assure
cflmpliance with the development plans submitted with this application.
14. Appropriate cross access and pazking agreements, as approved by the City Attorney
shall be executed and filed with the titles to the property allowin�access between
6701 Brooklyn Boulevard, 430168�' Avenue North and 4315 68 Avenue North
prior to the issuance of building permits for this project.
RESOLUTION NO.
15. The applicant sha11 receive approval from the Shingle Creek Watershed
Mana.gement Cammission for their watershed management plans prior to the
issuance of building permits for this project.
16. Modifications to allow green strip encroachments for decorative display pads,
pergolas and fencing as indicated on the approved plans aze considered to be
accegtable provided they are properly maintained, do no cause clear view visibility
onl with the a roval of
unpedunents and can be moclified, changed or eluYUnated y pp
the City of Brook2yn Center
17. The owner shall replat the properiy in accordance with Section 35-540 once
commor� ownership of the lots is attained.
Julv 28, 2008
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 9b
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
DATE: August 19, 2008
SUBJECT: An Ordinance Amending Chapter 35 of the City Ordinances Regarding the
Zoning Classification of Certain Land (4011 and 4101 69th Avenue North)
Recommendation:
It is recommended that the City Council consider adoption of An Ordinance Amending Chapter
35 of the City Ordinances Regarding the Zoning Classification of Certain Land (4011 and 4101
69th Avenue North).
Background:
At its July 28, 2008, meeting, the Brooklyn Center City Council approved first reading of An
Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of
Certain Land (4011 and 4101 69th Avenue North). This relates to Planning Commission
Application No. 2008-005 Submitted by the Luther Company LLLP regarding request far
rezoning from C-2 (Commerce) and R-3 (Multiple Family Residence) to PUD/G2 (Planned Unit
Development/Commerce) and development plan approval through the PUD process for two new
automobile dealerships (Honda and Toyota) on the east side of Brooklyn Boulevard between I-
94 and 69th Avenue.
The second reading and Public Heaxing are scheduled for August 25, 2008. Notice of Public
Hearing was published in the BYOOkIyn Center Sun-Post newspaper on August 7, 2008. If
adopted, effective date will be October 4, 2008.
Budget Issues:
There are no budget issues to consider.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 25 day of August, 2008 at 7:00
p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances regarding
zoning classification of certain land (4011 and 4101 69�' Avenue North).
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the Deputy City Clerk at 7.63-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY
ORDINANCES REGARDING THE ZONING CLASSIFICATION OF
CERTAIN LAND {4011 AND 4101 69 AVENUE NORTH}
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is
hereby amended in the following manner:
Section 35-1120. MLJLTIPLE FAMILY RESIDENCE DISTRICT (R3). Tlie
following properties are hereby established as being within the (R3) Multiple Family Residence
District zoning classification:
The easterly 451.025 feet of that part of Lot 3, Auditor's Subdivision No. 25,
lying north of a line parallel with and distant 289.74 feet south from the centerline of
69�' Avenue North, formerlv County Road No. 130.
Section 2. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of 2008.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeouts indicate matter to be deleted, underline indicates new matter.)
COUNCIL I'TEM MEMORANDUM
To: Curt Boganey, City Manager r-�'"�
m: Ronald A. VYarren Plannin and Zonin $pecialist
Fro g g
Subject: Planning Commission Application No. 2008-005
Date: July 22, 2008
Recommendation:
It is recommended that the City Council, following consideration of this matter, approve the
application subject to the conditions and considerations recommended in Planning Commission
Resolution No. 2008-03. Attached for the City Council's consideration are:
l. Resolution Regarding the Recommended Disposition of Planning Commission
Application No. 2008-0OS Submitted by The Luther Company LLL�'•
2. An Ordinance Amending Chapter 35 of the City Ordinances Regazding the
Zoning Classificadon of Certain land (4011 and 4101 b9`� Avenue North).
Background:
On the July 28, 2008 City Council Agenda is Planning Conunission Applicadon No. 2008-005
submitted by The Luther Company LLLP for rezoning from G2 (Cominerce) and R-3 (Multiple
Pamily Residence) to PUD/C-2 {Planned Unit DevelopmendCommerce) and development plan
approval through the PUD process for two new automobile deaierships (Honda and Toyota) on
the east side of Brooklyn Boulevard between I-94 and 69`� Avenue. This matter was considered
by the Planning Commission at their July 17, 2008 meeting and was recommended for approval
through Planning Commission Resolution No. 2008-03.
Attached for your review are copies of the Planning Commission Information Sheet for Planning
Commission Application No. 2008-005 and also an area map showing the locarion 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,
Planning Commission Resolution No. 2008-03 and other supporting documents.
Budget Issues: There are no budget issues.
I
I
Application Filed on 6-19-08
City Council Action Should Be
Taken By 8-18-08 (60 Days)
Planning Commission Information Sheet
Application No. 2008-005
Applicant: The Luther Company LL.LP
Location: 6700 and 6800 Broolclyn Boulevard anad 4011, 4101 and 4215 69th Avenue North
Request: Planned Unit Development Rezoning/Development Plan Appmval PUD/C-2
The applicant, the Luther Company LLLP, is requesting rezoning from C-2 (Commerce) and R-3
(Multiple Family Residence) to PUD/G2 (Planned Unit DevelapmendCommerce) and
development plan approval for five contiguous lots located on the easterly side of Brooklyn
Boulevazd between I-94 and 69�` Avenue North currently addressed as 6700 and 6800 Brooklyn
Boulevazd and 4011, 4I01 and 4215 69th Avenue North. The purpose of the proposal is for the
development of two new automobile dealerships (Honda and Toyota) on two adjacent lots to be
created under Planning Commission Application No. 2008-004 (Prelinunary Plat). The
properties are all currently zoned G2 and/or R-3 and are bounded on the north by 69`� Avenue;
on the east by R-3 zoned property containing a non-conforming single family home and a
townhouse complex along with four R-1 zoned pro�rties abutting Crnmes Avenue North; on the
south by I-94 right of way; and on the west by Brooklyn Boulevard The two new Iots proposed
to be created under Planning Commission Application Na. 24Q8-004 and the lot addressed as
4215 69`� Avenue North (Lot 1, Block 1, Chrysler Realty Addirion) will make up what the
applicant refers to as the "Luther East Side DevelopmenY', part of a major redevelopment and
expansion of the entire area (see also Planning Comnussion No. 2008-003).
$ACKGROUND
The Luther Company has acquired all of the land for automobile dealership businesses in the area
on either side of Brooklyn Boulevard between I-94 and 69`� Avenue as well as two non-
conforming single family homes on 69�' Avenue. The ma.jor redevelopment includes the
remodeling and expansion of the Chevrolet dealership at 6700 Brooklyn Boulevard and the
remodeling and expansion of 4301 and 4315 68`� Avenue North for a new location for the Buick,
Pontiac, GMC (BPG) dealership and will be what the applicant refers to as the "Luther West Side
Development" (Planning Commission Applicadon No. 2008-003). Two new automobile
dealerstrips will be developed on the east side of Brooklyn Boulevard on reconfigured lots
including the two above mentioned residential lots which are proposed to be rezoned also to
PUD/C-2. The existing building at 6800 Brooklyn Boulevard which is currendy occupied by
Brookdale Buick, Fontiac, GMC will be demolished after the business is moved to the remodeled
and expanded building on the west side of Brooklyn Boulevard A Honda dealership and a
Toyota dealership, the subject of this PUD application, will then be developed on the east side of
Brooklyn Boulevard on the newly created sites.
A similaz Planned Unit IDevelopment Rezoning and development plan were submitted and
approved in 2005 and 2IX36 by the City Council. The Luther Company, however, has recently
Page 1
acquired the property at 401169�' Avenue North and also wishes to incorporate this into their
east side redevelopment. Tkus property contains a non-conforming single family home which is
siated to be demolished. As mentioned, they also plan to demolished the existing BPG building
at b800 Brooklyn Bou�evard after moving the business to the Luther West Side Development and
build a new Honda dealership on the expanded site and the Toyota dealership on the site to the
south that at one time had been primarily the site of Ryan Oldsmobile. The Luther Companies
have settled on the cuirent plans represented in Planning Commission Application Nos. 2008-
003, 2008-004 and 2008-005 for the redevelopment. It is anticipated that future modifications
will be made to the current Brookdale Honda dealership located at 680 i Brooklyn Boulevazd (the
northwest corner of 68`� and Brooklyn Boulevard).
The applicant has submitted a letter af application outlining the history of their involvement with
the properties in question, presenting their development proposal and their ra.tional and
justification for their PUD and preliminary plat requests. (See 3une 19, 20081etter from Linda
McGinty, Dire�tor of Real Estate and Development for the Luther Company, LLLP attached.)
The applicant is seeking the PUD/C-2 rezoning to accomplish the development proposal under
this agplication for a number of reasons. Under the cnrrent G2 zoning, automodve repair is not
allowed to abut R-1, R-2 or R-3 zoned property at a property line or at a streee line. Such
abutment exists and will continue to exist along the east property lines of the two new
automobile dealerships and also along the north side of 69`� Avenue North. Redevelopment of
new autornobile service areas, cannot go forward, other than under the PUD process, which can
comprehend such a madif cation. The applicant believes this modificatian can be offset by the
screening and buffering they will provide to these residential properties as part of their plan. It
should be noted that this same essential plan was approved by the City Council through two
previous PUD proposals submitted by Luther Companies in 2005 and 2006. The PUD process
was never totatly completed and techrucally has noi yet been approved necessitating their need to
proceed again through this process. It should be further noted that the PUD process was used to
atlow expansian and redevelopment of the automobile service operation at Brookdate Chrysler
pmperty at 62� and Brooklyn Boulevard and also the development of the Brookdale Mitsubishi
dealership with a service operation in the 7200 block of Brooklyn Boulevard where similar
residential abutment e�sted The applicant is also seeking the PUD rezoning for a waiver from
the rec�tairement that the lot at 4215 69'� Avenue North (which is owned by Luther Companies) be
required to be combined into a single lot with the lot proposed for Brookdale Honda because they
are under common ownership and proposed for a common use. They note that they will provide
the ncessary cross access and parking easements to accomplish the flow of traffic through the
sites and will agree to not convey the lots separately but have been advised by their legal
representative aot to combine the lots because of potential environmental issues relative to the
migration of contaminants from the former Pilgrim Cleaner site which was at one time to the
west of this property. They also request to be allowed a slight encroachment into the 15 green
strip at the southwest corner of the Toyota site to allow a main display pad with a pergola and
fence with a"Welcome to Brooklyn Center" ground message at that Iocation. This appears to be
appropriate provided it is properly maintained and only modified with the concurrence of the
Ciry of Brooklyn Center.
7-17-08
Page 2
As the Commission is aware, a Planned Unit Development proposal involves the rezoning of
land to the PUD designation follawed by an alpha numeric designation of the underlying zoning
district. This underlying zoning district provides the regulations governing uses and structures
within the Planned Unit Development. The rules and regulations goveming that d'sstrict (in this
case C-2) would apply to the development proposal. One of the purposes of the PUD district is
to give the City Council the needed flexibility in addressing development and redevelopment
problems. Regulations governing uses and structures may be modified by conditions ultimately
imposed by the City Council on�the development plans. As mentioned in this case, the applieant
will be seeking modifications to allow automotive repair to abut R-1, R-2 or R-3 zoned property;
to not be required to combine two parcels of land under common ownership pmposed for a
common use; and a slight encroachment to the 15 ft. green strip at the southwest corner of the
proposed Toyota site for the purpose of a main display pad.
Their plan for offsetting the abutment issue is to have an 8 f� high fence contained within an
established 35 ft. buffer strip, which will be all along the east sides of the two properties and has
proved to be sufficient and adequate screenin� and buffering for automotive repair uses which
have been conducted on these sites for over 44 years. They propose to provide an eight foat high
combination masonry and wood decorative fence along 69�' Avenue North in the green strip azea
across the street from residentially zoned property This for all practical purposes will be an
extension of the existing brick and wood screening fence that exists in this area and has provided
sufficient screening of the parking and storage areas on these automobile dealersiv.p� lots. A cross
access and parking arrangement for free flow of traffic between the site at 4215 69 Avenue
North and the proposed Brookdale Honda operation appears to offset concerns regarding the
waiving of the platting requirement to combine this lot into a single lot at this time because of
common ownership and common use. At some point in the future, when there are no longer
environmental issues related to the old Filgrim Cleaner site, the applicant should comply with
ordinance requirements and combine the lots into a single parcel through platting or registered
land survey. In the meantime, the applicant should also agree to only convey these lots together.
The slight encroachment into the 15 ft. green strip at the southwest corner of the Toyota
dealership appears to be appropriate and will convey a Welcome to Brooklyn Center ground
message at that location. The applicant should agree to properly maintain this display azea and
only modify it with the concurtence with the Ciry of Brooklyn Center.
The Planning Commission's attention is directed to Section 35-355 of the City's Zoning
Ordinance, which addresses Planned Unit Developments (attached).
REZONING
The PUD process involves a rezoning of land and, therefore, is subject to the rezoning
procedures outlines in Section 35-210 of the zoning ordinance as well as being consistent with
the City's Rezaning Evaluation Policy and Review Guidelines contained in Section 35-208. The
Policy and Review Guidelines are attached for the Commission's review. The applicant has
submitted vc�ritten comments describing their proposal and has made. wiitten comrnents relative
to how they believe their proposal meets the guidelines.
7-17-08
Page 3
As with all rezoning requests, the Planning Commission must review the proposal based an the
Rezoning Evaluation Policy and Review Guidelines contained in the zoning ordinance. The
policy states that rezoning classifications must be consistent with the City's Comprehensive Plan
and must not constitute "spot zoning", which is defined as a zoning decision which dis�riminates
in favor af a particular land owner and does not relate to the Comprehensive Plan or accepted
planning principals. Each rezaning proposal must be considered on its merits and measured
against the City's policy and against the various guidelines,'which have been established for
rezoning review. The evaluation of this zoning proposal is very similar and almost identical to
that which was considered far the development of the east side of Brooklyn Boulevard in 2005
and 2006. Compliance with the guidelines was also re-evaluated under Planning Comnaission
Application No. 2008-003 which comprehends the Planned Unit Development proposal far the
west side of Brooklyn Boulevard between I-94 and 68�' Avenue North. It is nat believed to be
necessary to go point by point through the Rezoning Evaluation Guidelines, however, the
Comrnission should evaluate the proposal based on those guidelines. The applicant notes in their
written comments, that the proposal is consistent with the City's Comprehensive Plan, that the
property is suited for these uses in the district relative to size, configuration, topography and
location. They also believe the proposal de�onstrates merit beyond the interests af the owners.
They point out that the vast majority of the property has historically been used as an autamobile
sale, service and repair use so the groposed rezoning can be considered consistent and compatible
with surrounding land use classi�cations. They add thaf the rezoning does not propose a major
change in use and is consistent with the Comprehensive Plan. The property will bear fully the
ordinance development restrictions for the proposed zoning district with the exception of the
modifications they are propasing which can be offset or mitigated by various factors contained in
the plan. They comment on other physical features of the plan which they feel are consistent
with the Rezoning Evaluation Policy and Review Guidelines.
We would coacur with the comments made by the applicant and believe that this major
redevelopment of the automobile dealerships in the area on Brooklyn Boulevard between I-94
and 69`� Avenue are an appropriate and much anticipated redevelopment of this area It is
consistent with the City's Comprehensive Plan and we believe the proposal does balance the
business needs of the community with that of surrounding properties. It is not anticipated that
the proposal will be a detriment, but, on the other hand, it should be a positive factor in
providing a positive effect on the community. It is also believed that the proposal can be
considered consistent and compatible with suirounding land use classifications. The
modifications requested can be appropriately offset or modified by the plan submitted and it
appears that the proposal does have merit beyond just the particulaz interests of the developer and
should be considered a redevelopment that can be considered compatible with the suirounding
land uses and the City's Comprehensive Plan. It should be noted that the automobile dealerships
in the area have been a stable commezcial use in this part of Brooklyn Center for well over 40
years and there is no direction to attempt to change these land uses but only to upgrade them.
The applicant's proposal can be considered in the best interest of the community given the plans
that are being submitted.
7-17-08
Page 4
SITE AND BUiLDING PROPOSAL
As mentioned previously, the applicant is proposing the development of two new automobile
dealerships on the easterly side of Brooklyn Bouievazd between I-94 and 69� Avenue North.
Two new lots are proposed to be created under Planning Commission Application No. 2008-004
(Preliminary Plat). The northerly lot, the pro�sed Lot 1, Block 1, Bri Mar 2 Addition alang
with 4215 69'� Avenue North will make up an 8.17 acre site for the development of the new
Honda Dealership to be addressed as 6$00 Brooklyn Baulevard. The proposed Lot 2, Block 1,
Bri Mar 2 Addition is an 8.23 acre site for the development of a new Toyota dealership to be
addressed as 6700 Brooklyn Boulevard. An existing single family home along 69�' Avenue will
be demolished and the building currently housing Brookdale BPG will also be demolished
following the relocation of that business to the west side of Brooklyn Boulevard once those
improvements are completed. The new dealerships will be located roughly in the middle of the
newly created sites with the Honda Building being a 53,277 sq. ft. showroom, off'ice, service
operation and stora.ge facility with a second floor over a portion of the building. The Toyota
building will be 56,521 sq. ft. containing showroom, off'ice, service operadon and storage
of the buildin
facilities also with a second floor over a portion g.
We have previously mentioned the modif cations to ordinance srandards the applicant is
proposing through the PUD process. These include allowing an automobile repair facility
abutting R-1, R-2 or R-3 zoned property; waiving the requirement to combine 4215 69�' Avenue
North into a single parcel with 68(� Brooklyn Boulevard because of common ownership and
common use; and a slight encroachment into the 15 ft. green strip at the southwest corner of the
ecorative main dis la ad with a gola and a fence and a"Welcome to
ota site to allow a d y p P�'
To P
y
d as we review a hcable
ound messa e. Rec
ommendations will be offere pP
Brooklyn Center gr g
parts of the plan.
ACCESS/PARKINGIGREEN STRIPS,
There will be four access points to the two sites. A right in, right out access to the Toyota
property about midway between I-94 and the 68`� Avenue intersection with Brooklyn Boulevard.
A shared access between the Honda and Toyota sites at the 68`� Avenue signalized intersection.
The locatian of an existing access on 69`� Avenue at the median break and across from thc access
to the commercial center on the north side of 69`� and a new access on 69�' Avenue at the median
break at Halifax Avenue North. An existing access on 69`� serving the home at 401169�'
Avenue will be closed, necessitating the need to make pernaanent improvements of curb, gutter,
sidewalk and turf by the developer. Internal access between the two dealerships will be
sitatin the need for cross access agreements between the two
sites. Minimum
established neces g
t of wa for the two sites. This is
15 ft. n stri s will be established along all street ngh y
P
different from the 2005 and 2006 plans which anhcipated some encroachments on the 15 ft.
green strips. A 35 ft. buffer strip bound by curb and gutter will be established all along the east
property lines of the sites where the dealerships abut with R-3 zoned properties.
Pazking for the site is based on a combination of parking formulas. The retail parking fornnula of
5.5 parking spaces per 1,000 sq. ft. of gross floor area for the retail portions of the beulding; the
office parking formula of one space for every 200 sq. ft. gross floor area for the serviceJoffice
7-17-08
Page 5
portions of the buildings; three spaces for every service bay and one space for every service bay
employee for the service garage area; one space for every 800 sq. ft. of gross floor area for
strictly storage area; and two parking spaces for service vehicles. Required parking for the
Honda site is 30(3 parking spaces based on 34 service bays (102 spaces}; 40 service employees
(40 spaces); 11,590 sq. ft. of service%ffice space (58 spaces); 14,400 sq. ft. showroom/retail
space (79.spaces); 15,510 sq. ft. of strictly storage space (19 spaces); and two service vehicles.
There are 587 parking spaces provided on the Honda site.
Required parking for the Toyota property is 354 parking spaces based on 38 service bays (114
spaces); 45 service employees (45 spaces); 12,730 sq. ft. service/office space (64 spaces); 20,379
sq. ft. showroom/retail (112 spaces): 13,785 sq. ft. strictly storage space (17 spaces); and two
i service vehicles. There are 624 spaces provided on the Toyota site.
Modification to the green strip requirement is being requested to allow an encroachment at the
southwest corner of the Toyota site to allow for a decorative main display pad containing a
pergola and fence along with a"Welcome to Brooklyn Center" ground message. Tfiis appears to
be an appropriate decorative display even highlighting Brooklyn Center, provided the display is
properly maintained, and if it is to be modified or changed, only with the concurrence of the City.
GRADING/DRAINAGE/UTIIITIES.
The applicant has provided preliminary grading, drainage, utility and erosion control plans which
are being reviewed by the Director of Public Works/City Engineer. Fiis comments relative to
these items are attached for the Commissian's review.
B-612 curb and gutter is required around all parking and driving areas per city ordinance. The
applicant has indicated a desire to provide B-412 curb and gutter in ceitain areas on the site. The
City Engineer has previously indicated that B-412 curb and gutter (which is a 4 in. high curb and
a 12 in. wide gutter) may be appropriate in some areas where water will not be conveyed.
Generally, it is my understanding, that B-612 curb and gutter should be provided around the
perimeter of the site and B-412 curb and gutter might be used in other locations depending upon
the recommenda.dons of the City Engineer.
Drainage from these sites will be directed to a. regional storm water pond that is located in the
Palmer Lake Basin. The overall drainage plan had been reviewed and agproved by the Shingle
Creek Watershed Management Commission at the time the regional pond was developed. It is
assumed that calculations will have to be submitted to the City Engineer in order to determine the
adequacy of the ponding area to handle drainage from the site.
It should be noted that all parking and storage of vehicles must be on an approved hard surface
area of bituminous or concrete. No vehicle parking or storage may be in landscaped or
unimproved areas on the sites or within the green strips adjacent to street right of way other than
in the locations designated on the plan and approved as part of this Planned UnitDevelopment.
7-17-08
i Page 6
LANDSCAPING/SCR:EENIlVG
The applicant has submitted a landscape plan in response to the landscape point system utilized
by the Planning Cammission to evaluate such plans. The 8.17 acre Honda. site requires 534
landscape points. They plan to retain up to 22 existing shade trees, five cordferous trees and four
decorative trees on the site and provide 351 more points for a total of 6071andscape points. Ten
new Red Mount Linden will be planterl in island areas north and west of the building; four
Prairie Fire Crabapple trees are to be planted in the 69'� Avenue green strip on both sides af the
westerly access. Conifers including Austrian Pine and Colorado Spruce are to be planted in the
easterly buffer area. Foundation, island and display area shrubs including Dwarf European
Cranberry bush, Neon Splash Spirea, Russian Cypress, Bluechip Juniper and Niagara Yew.
The Toyota. site is required to have 5381andscape points. They pmpose to provide 554 points by
retaining four existing shade trees and adding 17 more shade trees (Red Mound Linden) in the 35
ft. buffer area on the east side of the property; the I-94 and Brooklyn Boulevard gr�en strips and
in islands in the front of the building. Four Prairie Fire Crabapple will be planted in the
Brooklyn Boulevard green strip, two on each side of the right in, right out access; 34 conifers
(Austrian Pine and Colorado Spruce) will be planted in the 35 ft. buffer area on the east side of
the property. Over 268 shrubs are to be planted around the perimeter of the building in island
areas on the north, west and south sides of the building and by the display areas at various
locations. The landscape plan exceeds the minimum points reguired. Underground irrigation is
required in all landscaped areas to facilitate site maintenance. It is recommended that the
irrigation system cover the Boulevard areas in Brooklyn Boulevard and 69� Avenue including
the remaining portion of the old Pilgrim Cleaner site which is labeled "no urigation".
With respect to screening, the ordinance requires a minimum 35 ft. buffer area where G2
property abuts R-1, R-2 ar R-3 zoned property at a property linE. Such a buffer will be
established along the west sides of the site where abutment with R-3 and R-1 property will exist.
An 8 ft. high wood fence will be established and/or continued along the east side of the two
properties. Along the north green strip there is an existing wood fence with brick piers which
will be continued ancl expanded along the north property line of the Honda site to screen the
parking areas from the R-1 residential area on the opposite side of 69�' Avenue.
BUILDING
The applicant has submitted building elevations and floor plans for the two proposed buildings
additions. The building exterior for the Honda building contains insulated precast concrete
panels and EIFS to match these concrete panels and a silver and Honda Blue aluminum
composite panels. A painted steel canopy will be provided on the front elevation. Display
windows are on the front (west elevation) and parts of the north and south elevations. Service
doors will be to the back (east elevation) with the service write up area on the south side of the
building and car wash bays will be located at the northeast corner of that building.
The Toyota building will be precast concrete panels with EIFS to match along with aluminum
composite panels and metal cap flashing. Display windows are to be on the front (west) and.
portions of the north and south elevations. Service doors will be the rear (east elevations) of the
7-17-08
Page 7
site. The service write up area for this building is to be on the north end with service doors
entering and exiting the area. Caz wash bays are to be at the southeast corner of the building.
Both buildings have a se�ond story floor over a portion of the buildings.
LIGHTING/TRASH
The applicant has submitted a lighting plan indicating proposed foot candles that are consistent
with Section 35-712 of the city ordinances. They propose the same light fixtures that are to be
provided on the Chevrolet and Buick, Pontiac, GMC buildings on the west side of Brooklyn
Boulevard. The light standards shown will be twenry four, feet in height and of different varieties
all are to be a cut off type light to direct illumination down onto the site. City ordinances require
that all exterior lighting be provided with lenses, reflectors or shades so as to concentrate
illuminadon on the property. Illumination is not permitted at an intensity level greater than 3
foot candles measured at property lines abutting residentially zoned property. A review of the
plan shows that this foot candle level will not be exceeded where the sites abut with the R-3 and
-1 ro rties to the east. Our main concern is that all lighting be shielded. and directed on the
R
P Pe
d that it be
cansistent
street ri
t of
wa an
site to avoid are to abutting properties and abutting gh y
with the standards that are noted above in city ordmances. T'heir lighting plan indicates that they
will comply with ordinance standards on the two new developed sites.
Trash container areas ai�e shown on each of the two lots. In the case of the Honda building, it
will be the east of the building and to the southeast of the Toyota building. No details as to
materials are provided. We would recommend a masonry structure sufficient in height to
completely screen trash containers from view and contain solid opaque gates.
PLATTING
A relimin lat has been submitted under Planning Commission Application No. 2008-004
P azY P
dicated
which will re
lat into two new lots at 6700 and 68(m Brooklyn B
oulevard. As m
P
previausly, the applicant is requesting that it not be required to combine the property addressed
as 4215 69`� Avenue with the 6800 Brooklyn Boulevard lot to be created. We have requested
that approgriate cross access and parking agreements be esta.blished between this site and the
6800 Brooklyn Boulevard site to accommodate the site flow as indicated in the plans submitted.
The reason the applicant is requesting that it not be required to combine the lot with the main lot
is based on legal representa.tion that has been made to them that they not be required to combine
this lot at the present time because of potential envimnmental issues relating to the former.
Pilgrim Cleaner site and potential groundwater or soils impacts on the property in question.
Given appropriate cross access and parking agreements being executed in a manner
recommended by the City Attomey, we believe that this requirement can be waived at this time.
Once the environmental issues have been clarified, it would be appropriate for the applicants to
re lat the ro into a sin e lot and this should be a condition of approval.
P P 1�rtY
PROCEDURE
State Statutes require the City to respond to zoning applications within a 60 day time limit from
the day a properly submitted application has been filed with the City. This application was filed
7-17-08
Page 8
on June 19, 2008 and City Council action should be taken by August 18, 2008. Due to zoning
requirements for notice and publication, the application needs to be submitted approximately
four weeks prior to the Planning Commission's public hearing. The clock, however, l�gins on
the date the application is accepted. Therefore, the zoning decision must be made by the City.
Council no later than August 18, 2008. Almost 30 days of the 60 day time frame will have
expired before the Planning Commission can hold its public hearing. This requirement makes it
difficult for the City to hold Neighborhood Advisory Group meetings as they have in the pas�
The Council, because of this, decided that the neighborhood Advisory Group process should not
be pursued.
A public heazing has been scheduled and notices have appeared in the Brooklyn Center Sun/Post.
The Planning Commission, following the public hearing, may wish to consider a draft resolution
which has been prepared for consideration. The draft resolution outlines various possible
findings with respect to the Planned Unit Development and mizumum conditions related to the
development plan approval.
7-17-08
Page 9
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Member R o c h e introduced the following resolution and moved its
adoptian:
PLANNING COMMISSION RESOLUTION NO. 2008-03
RESOLUTION REGARDING 'I`I� RECOMMENDED DISPOSITION 4F
PL,ANNING CONIlVIISSION APPLICATION NO. 2008-005 SUBMITTED BY
THE LIJTHER COMPANY LI.I,P
I WFFiEREAS, Planning Comtnission Application No. 2008-005 submitted by the
Luther Company LLLP proposes re2oning. from G2 (Commerce) and R-3 (Multiple Family
Residence} to PUD/C-2 (Planned Unit DevelopmendCommerce) of five contiguous lots located on
the easterly side of Brooklyn Boulevard between I-94 and 69'� Avenue North and addressed as 6700
Brooklyn Boulevard, 6800 Brooklyn Boulevard, 4215 69�` Avenue North and 4101 69`� Avenue
North; and
I VVHEREAS, the proposal comprehends the rezoning of the above mentioned
rt and develo ment lan roval of two new automobile dealerships (Honda and Toyota)
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on two adjacent lots; and
WHEREAS, the Planning Comnnission held a duly called public hearing on July 17,
2008 when a staff report and public testimony regazding the rezoning and development plan were
received; and
WHEREAS the Plannin Commission considered the Planned Unit Development
g
request in light of aIl testimony received, the guideluies for evaluaring rezonings contained in
Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development
ordinance contained in Section 35-355 0€ the City's Zoning Ordinance and the City's
Camprehensive Plan.
NOW, THEREFORE, BE IT RFSOLVID by the Planning Advisory Commission
of the Cit of Brooklyn Center to recommend to the City Council that Application No. 2008-005
Y
i considerations:
u n the follow n
a roved.based 8
subrnitted by the Luther Company LLL.P be gp po
1. The Planned Unit Development is compatible with the standarcis, purposes and
intent of the Planned Uriit Development section of the City's Zaning Ordinance.
2. The Planned Unit Development proposal will allow for the utilization of the land in
question in a manner which is compatible with, complimentary to and of
m arable intensi to ad'acent land uses as well as those pemnitted on surrounding
co ty ,1
P
land.
Page 1
PC App 2008-005
ed Unit Develo ment
3. The utilization of the property as proposed under the Plann P
Rezoning is considered a reasonable use of the property and will conform with
ordinance standards except for allowing automobile repair to abut residential
property; not requiring two parcels that are under common ownership and proPosed
for cammon use to be required to be replatted into a single lot; and allow a slight
encroachnient at the southwest corner of the Toqota site to allow a main display pad
with a pergola and fence with a"Welcome to Brooklyn Center" ground message.
These modificatians from the Zoning Ordinance standards ar� justified on the basis
of the development being an appropriate redevelopment of this area and that they
are offset or mitigated by various factors contained in the approved sievelopment
plan.
4. The Planned Unit Development proposal is considered consistent with the
recommendations of the City's Comprehensive Plan for this area of the city.
5. The Planned Unit Development proposal appears ta be a good long range use of the
e�cisting land and this redevelopment can be considered an asset to the communiry.
6. Based upon the above considerations, it is-believed that the guidelines for evaluating
rezonings as contained in Section 35-208 of the City's Zoning Urdinance are met
and the proposal is, therefore, in the best interest of the community.
i
BE IT FIJRTHER RESOLVED by the Planning Advisory Commission of the City f
of Brooklyn Center to recammend to the City Council that Application No. 2008-005 be appraved
subject to the following conditions and considerations:
1. The building plans are subject to review and appmval by the Bdilding Official with
respect to applicable codes prior to the issuance of building perniits.
2. Grading, drainage, ntility and erosion control plans are subject ta review and
approval by the City Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
detemuned based on cost estimatss shall be submitted prior to the issuance of
building permits to assure completion of all required site improvements for both the
Brookdale Dodge properties arid the old Ryan Olds praperty
4. B-612 curb and gutter shall be provided around all pazking and driving areas except
for where the City Engineer may authorize a lesser standard such as B-412 curb and
gutter in non-drainage areas.
dis sal facilities and roofto or on ground mechanical equipment
5. An outside trash P
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Po
shall be appropriately screened from view.
Page 2
PC App 2008-005
i
6. The building and build.ing additions shall be equipped with an automatic fire
extinguishing system to meet NFPA standards and shall be connected to a central
monitoring device in accordance with Chapter 5 af the City Ordinances.
7. Underground iirigation shall be installed in ail landscaped areas to facilitate site
maintenance.
I 8, Plan approval is exclusive of all signery which is subject to Chapter 34 of the City
Ordinances.
9. The applicant shall submit an as built survey of the property, improvements and
utility service lines prior to the release of the performance guarantee.
10. The owner of the property shall enter into an easement and agreement for
as a roved
b the
'na e s stems Y
maintenance and ins tion of udli and storm drai g y PP
I City Engineer prior to the issuance of building permits.
i L AI3 work performed and materials used for construction of utilities shatl conform to
the City of Brooklyn Center Standard Specifications and Details.
12. The applicant shall provide appropriate erosion control during' constniction as
approved by the City Engineering Department and obtain an NPDES consttuction
ntrol rmit from the Minnesota Pollution Control Agency prior to
sion co
site ero pe
disturbin the site.
g
13. Na building permit will be issued. for constr�ction of the proposedbuildings until
the plat comprehended under Planning Commission Application No. 2Q08-004 has
been given final approval by the City Council and filed with Hennepin County.
14. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to
lie reviewed and approved by the City Attorney prior to the issuance of building
ent shall tre filed with the title to the property and shall
rmits. Said a m
Pe
as well
zomn distnct
aclrnowled e the s ific modifications ta the C-2 underlying S
g P�
as other conditions af approval. The agreement shall further assure compliance with
the development plans submitted uvith this application.
15. Modifications to allow a slight encroachment into the 15 ft. green strip at the
southwest corner of the Toyota site to allow a main display and "Welcome to
Brookl Cente�' und messa e is considered acceptable provided the display is
Yn g
'fied or chan ed onl with the approval of the
property maintained and may be moch g Y
of Brook2 Center.
City yn
Page 3
PC App 2008-005
a roved b the
16. The owner shall enter into cross access and parlang a�ements, as pp y
City Attorney, between the site addressed as 4215 69 Avenue North and 6800
r
Brooklyn Boulevard. Said easements shall be executed and filed with the titles to
the properties prior to the issuance of building pernnits•
1'7, The plans shall be modified to acknowledge extension of underground irrigation to
cover boulevazd areas including the area at the northwest corner of the site that was
once Filgrim Cleaners.
18. The owner shall replat the proposed Honda pmperty in accordance with Section 35-
540 once the environmental issues associated with it have been clarified-
7 c�
pate Chair
1
A T: a�^�-c-�
S
The motion for the adoption of the foregoing resolution was duly seconded by member
K uyk e n d a 11 and upon vote being taken thereon, the following voted in favor thereof:
Cha.ir Rahn, Commissioners Kuykendall, Leino and Roche.
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
Page 4
PC App 2008-005
Member introduced the following resolution and moved its
adoption:
RESOLUTION N0.
RES4LUTION REGARDING THE DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 2008-005 SUBMITTED BY TI� LUTHER
COMPANY LLLP
WHEREAS, Planning Commission Application No. 2008-005 submitted by the
Luther Company LLLP proposes rezoning from C-2 (Commerce) and R-3 (Multiple Family
Residence) to PUD/C-2 (Planned Unit DevelopmendCommerce) of five contiguous lots located on
the easterly side of Brooklyn Boulevard between I-94 and 69�' Avenue North and addressed as
ue Na and 4101 69
15 69 Aven
6700 Brooklyn Boulevard, 6800 Brooklyn Boulevard, 42 rth,
Avenue, 4011 64�' Avenue North; and
WHEREAS, the proposal comprehends the rezoning of the above mentioned
property and development plan approval of two new automobile dealerships (Honda and Toyota)
on two adjacent lots; and
WHEREAS, the Planning Commission held a duly called public hearing on July
17, 2008 when a staff report and public testimony regarding the rezoning and deveiopment plan
were received; and
iN��REAS the Plannin Commission recommended approval of Application No.
g
2008-005 by adopting Planning Commission Resolution No. 2008-03 on July 17, 2008; and
WHEREAS, the City Council considered Application No. 2008-405 at its July 28,
2008 meeting; and
WHEREAS, the City Council has considered this Planned Unit Development
request in light of all testimony received, the guidelines for evaluating rezonings contained in
Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development
ordinance contained in Section 35-355 of the City's Zoning Ordinance; the City's Comprehensive
Plan and the Plazuung Commission's recommendations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center tha.t Application No. 2008-005 submitted by the Luther Company LLLP be
approved based upon the following considerations:
1. The Planned Unit Development is compatible with the standards, purgoses and
intent of the Planned Unit Development section of the City's Zoning Ordinance.
RESOLUTION NO.
2. The Planned Unit Development proposai will ailow for the utilization of the land in
question in a manner which is compatible with, complirnentary to and of
comparable intensity to adjacent land uses as well as those pernutted on
snrrounding land.
3. The utilization of the property as proposed under the Planned Unit Development
Rezoning is cansidered a reasonable use of the property and will conform with
ordinance stanciards except for allowing automobile repair to abut residential
properly; not requiring two parcels that are under common ownership and
proposed for common use to be required to be replatted into a single lot; and allow
a slight encroachment at the southwest corner of the Toyota. site to allow a main
display pad with a pergola and fence with a"Weicome to Brooklyn Cen#er" ground
message. These modifications from the Zoning Ordinance standards are justified
on the basis of the development being an appropriate redevelopment of this area
and that they are offset or mitigated by various factors contained in the approved
development plan.
4. The Planned Unit Development proposal is considered consistent with the
recommendations of the City's Comprehensive Pian for this area of the city.
5. The Planned Unit Development pmposal appears to be a good long range use of the
existing land and this redevelopment can be considered an asset to the community.
6. Based upon the above considerations, it is believed that the guidelines for
evalua.ting rezonings as contained in Section 35-208 of the City's Zoning
Ordinance are met and the proposal is, therefore, in the best interest of the
community.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center
that Application No. 2008-005 be approved subject to the following conditions and considerations:
1. The building plans aze subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of building permits.
2. Grading, drainage, utility and erosion control plans are subject to review and
approval by the City Engineer prior to the issuance of pernuts.
3. A site performance agreement and supporting financial guarantee in an amount to
be determined based on cost estimates sha11 be submitted prior to the issuance of
ments for both the
'1 ermits to assure com letion of all re uired site im rove
bui dui8 P P q P
Brookdale Dodge properties and the old Ryan Olds property.
RESOLUTION NO.
4. B-612 curb and gutter shall be provided azound a11 parking and driving areas except
for where the City Engineer may authorize a lesser standard such as B-412 curb and
gutter in non-drainage azeas.
5. Any outside trash disposal facilities and rooftop or on ground mechanicat
equipment sha11 be appropriately screened from view.
6. The building and building additions sha11 be equipped with an automatic fire
extinguishing system to meet NFPA standards and shall be connecte�i to a central
monitoring device in accordance with Cha.pter 5 of the City Ordinances.
7. Underground irrigation sha11 be installed in aIl landscaped azeas to facilitate site
maintenance.
8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City
Ordinances.
9. The applicant shall submit an as built survey of the property, improvements and
utility service lines prior to the release of the performance guazantee.
10. The owner of the properly sha11 enter into an easement and agreernent for
maintenance and inspection of utility and storm drainage systems as approved by
the City Engineer prior to the issuance of building permits.
11. All work performed and materials used for constructian of utilities sha11 conform to
the City of Brooklyn Center Standazd Specifications and Details.
12. The applicant shall provide appmpriate erosion control during construction as
approved by the City Enginaering Department and obta.in an NPDES construction
site erosion control pernut from the Minnesota Pollution Control Agency prior to
disturbing the site.
13. No building permit will be issued for conshuction of the proposed buildings until
the plat comprehended under Planning Commission Application No. 2008-004 has
been given final approval by the City Council and filed with Hennepin County.
14. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to
be reviewed and approved by the City Attorney prior to the issuance of building
pernuts. Said agreement shall be filed with the tifle to the property and shall
acknowledge the specific modifications to the G2 underlying zoning district as
well as other conditions of approval. The agreement sha11 fiurther assure
compliance with the development plans submitted with this application.
RESOLUTION NO.
15. Modifications to a11ow a slight encroachment into the 15 ft. green strip at the
southwest corner of the Toyota site to allow a main display and "Welcome to
Brooklyn Center" ground message is considered acceptable provided the display is
properly maintained and may be modified or changed only with the approval af the
City of Brooklyn Center.
16. The owner sha11 enter into cross access and parking a�reements, as approved by the
City Attomey, between the site addressed as 4215 69 Avenue North and 6800
Brooklyn Boulevard. Said easements sha.11 be executed and filed with the titles to
the properties prior to the issuance of building permits.
17. The plans sha11 be modified to acknowledge e�ctension of underground irrigation to
cover baulevard azeas including the area at the northwest corner of the site that was
once Pilgrim Cleaners.
18. The owner shall replat the proposed Honda property in accordance with Section 35-
540 once the environmental issues associated with it have been clarified.
Julv 28. 2QQ8
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereaf
and the follawing voted against the same:
whereupon said resolution was declared duly passed and adopted.
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MIl�tNESOTA
REGULAR SESSION
JULY 17, 2008
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Rahn at 7:05 p.m.
ROLL CALL
Chair Sean Rahn, Commissioners Kara Kuykendall, Stan Leino, Michael Parks, and Tim Roche
were present. Also present were Secretary to the Planning Commission/Planning and Zoning
Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass.
Commissioners Rachel Lund and Della Young were absent and excused.
APPROVAL OF MINUTES MAY 15, 2008
There was a motion by Commissioner Roche, seconded by Commissioner Pazks,
to approve the minutes of the May 15, 2008 meeting as submitted. The motion passed.
Commissioners Leino abstained since he was 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 heazings. 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. 2008-043 THE LUTHER COMPANY LLLP
Chair Rahn introduced Application No. 2008-003, a request for rezoning from C-2 (Commerce)
to PUD/C-2 (Planned Unit Development /Commerce) and development plan approval through
the PUD process of three contiguous lots located on the west side of Brooklyn Boulevard
between I-94 and 6$�' Avenue for the redevelopment and expansion of the existing Chevrolet site
and a new Buick, Pontiac, GMC Dealership.
Mr. Warren presented the staff report describing the Iocation of the properiy and the proposal.
(See Planning Commission Information Sheet dated 7-17-08 and the Director of Public Work's
memo dated 7-9-08 for Application 2008-003, attached). Mr. Warren explained that this
proposal represents the first step in a major redevelopment by the Luther Company for both sides
of Brooklyn Bouievazd between I-94 and 69�' Avenue.
7-17-d8
Page 1
APPLICATION NO. 2008-004 —'TI� LU'TI�R COMPANY LLLP
Chair Rahn introduced Application No. 2008-004, a request from The Luther Company LLLP
for preliminary plat approval to combine and divide four existing lots into two lots on the east
side of Brooklyn Boulevazd between I-94 and 69�` Avenue for the creation of two new
automobile dealerships.
Mr. Warren presented the staff report describing the location of the properiy and the proposal.
(See Planning Commission Information Sheet dated 7-17-08 and the Director of Public Works'
memo dated 7-9-08 for Application No. 2008-004, attached.) Mr. Warren explained that a
similaz preliminary plat application and Planned Unit Development praposal were submitted and
approved in 20Q5 and 2006 by the City Council. The Luther Company, however, has recently
acquired the property at 4011 69�' Avenue North and wishes to incorporate this into their east
side development.
APPLICATION NO. 2008-005 TI-� LUTI�R COMPANY LLLP
Chair Rahn introduced Application No. 200$-005, a request from the Luther Company LLLP for
rezoning from C-2 (Commerce) and R-3 (Multiple Family Residence) to PUD/G2 (Planned Unit
DevelopmentlCommerce) and development plan approval through the PUD process for two new
automobile dealerships (Honda and Toyota) on the east side of Brooiclyn Boulevard between I-
94 and 69`� Avenue.
Mr. Warren presented the staff report describing the location of the properly and the proposal.
(See planning Commission Information Sheet dated 7-17-08 and the Director of Public Work's
memo dated 7-9-08 for Application 2008-OQS, attached). Mr. Warren explained that a similar
Planned Unit Development Rezoning and development plan were submitted and approved in
2005 and 2006 by the City Cauncil. The Luther Company, however, has recently acquired the
property at 4011 69`� Avenne North and also wishes to incorporate this into their east side
redevelopment. This property contains a non-conforming single family home which is slated to
he demolished.
Chair Rahn asked for further clarification regazding the parcel not being combined with the
others and what the situation is regarding clean up of the site.
Mr. Warren responded that the building on the site will be removed and a finding from the PCA
will be provided to confirm that the property has been cleaned up.
PUBLIC HEARING APPLICATION NOS. 2008-003. 2008-004 AND 2008-005
There was a mation by Coxnmissioner Roche, seconded by Commissioner Parks, to open the
public hearing on Application Nos. 2008-003, 2008-004 and 2008-005, at 9:05 p.m. The motion
passed unanimously.
Chair Rahn called for comments from the public.
Mr. John Baker, (Architect for Baker Associates) 150 So 5�' Street, Minneapolis, and Linda
McGinty (Director of Real Estate Development for t�e Luther Company), 3701 Alabama Ave
8-17-06
Page 2
So, St. Louis Pazk, introduced themselves to the Co�nission. Mr. Baker stated he would
present an arciutectural overview of the proposal. Mr. Baker noted that it had been suggested by
City sta.ff to instail B-612 curb and gutter on the entire site and he explained the reason for
proposed use of B-412 curbs in the parking azeas of the lots to is to eliminate damage to new
vehicles caused by the higher curbs.
Mr. Baker also stated they have a problem with the condidon of approval regazding the
requirement to provide underground irrigation on the corner lot at 69�` and Brooklyn Boulevard.
He explained that it is a MPCA superfund site owned by Hennepin County and at this time does
not appeaz to be maintained by anyone. Mr. R7arren concurred that the pazcel is not currently
being maintained by anyone but this would be an opportune time to improve the look of the
comer by e�rtending irrigation. He stated that irrigation on the Luther property be situated such
I I that it include the property in question without having to disrupt the site. He did not think there
would be objections to such a proposal from the County or MPCA.
Mr. Baker further ave an overview af the site la out and ex lained why they have proposed to
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a it
lace more landsca. in on the site rather than alon the rimeter. He added that b 1 cin
P P g g YP g
along the interiar of the site it would allow them to screen some parts of the building and storage
areas to make it appear more attractive.
Mr. Baker pointed out that these are manufactured prototype buildings that are required to
include certain elements of design per the auto maker's requirements. He then compared the
current buildings on the sites and how it would compare after construction.
Cammissioner Leino addressed Ms. McGinty and Mr. Warren and asked if there would be any
soil testing done on tlus site prior to construction. Mr. Warren responded that any soil issues
found during construction would be taken caze of.
Ms. McGinty stated that there had been Phase I and Phase TI testing prior to their purchasing the
site and a11 issues have been addressed as well as removal of any underground hoists and tanks.
She further stated that anything discovered during the course of construction, would be
addressed.
Commissioner Leino asked about the use of the public address system on the site and he stated
he is aware of several neighborhood complaints regarding the level of noise. Mc. McGinty
responded that she acknowledges the noise level can be excessive and they would make any
altera.tions that the city would require.
Commissioner Roche stated tha.t he feels that the landscaping is a little thin along the property
where it abuts the single family properties and suggested that additional Austrian Pines be
planted in that area to provide better screening for the single family homes
Mr. Matt Swenson, Landform Engineering, responded that the landsca.ping in that area was
desi ed to allow better visibili from the freewa but the will revisit the azea and consider
I gn
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adding additionallandscaping in that area.
8-17-06
Page 3
Comrnissioner Roche asked about the status of the old Iten Chevrolet sign. Ms. McGinty
responded that the sign will probably remain on site since it is an icon in the azea and attracts
attention.
Commissioner Roche stated that he would like the applicant to consider e�ending the irrigation
system to maintain the landscaping that is on the comer of 69�' and Brooklyn Boulevard. He
added that it would be an amenity to have the comer well maintained.
Mr. Baker responded that the property is own� by Hennepin County and it can be difficult to
get their approval to install an irrigation system on the property. Ms. McGinty added that they
would be willing to make contact with Hennepin County and discuss the subject with them.
Commissioner Parks asked the applicant what their intent is with the fence along the east side of
the property. Ms. McGinty responded that they were planning to leave the fence and it had
recently been repaired.
Mr. Swenson pointed out tha.t the plans show that the fence would stay in place and be repaired
where needed and where new fencing is needed, it would be installed.
Commissioner Pazks asked for the number of trees being demolished. He feels that something is
lost if too many mature trees aze taken down and replaced with new smaller trees. Mr. Warren
stated that most of the trees coming down are along the northeast side to allow the applicant
appropriate use of their property.
Mr. Warren explained that by acquiring the single family homes, they have provided a new
buffer area that abuts the residential area to nnaintain the required distance between the
commercial use and the single family homes along 69�' Avenue North.
Commissioner Roche added that it appears that some very mature trees may be coming down.
He expressed his desire to see the appiicant thicken up the buffer area to provide both screening
and a sound barrier from the single family homes.
Mr. Scott Hubbazd, (owner of Atlantis Pools) 4321 68�' Avenue, stated he's been at this location
for 31 years and when he saw this plan he had some concerns: he didn't know that Luther did
not own the property, he is confused about the right of refusal to purchase the property: since
they are not owners, how can they control whether or not vehicles (transport trucks) aze using the
shared entrance he shares with the auto dealership; there are piles of dirt and dumpsters full of
gazbage; Luther bought the Osseo bus company business and the property is not maintained;
what is happening to the old Honda dealership? It is not currently watered or maintained; will
the property be maintained in the front as well as the back of the site?; will the car dealersiups be
around in a couple years or will a different development be there?
Commissioner Pazks left the meeting at 9:58.
Mr. Warren stated that he understands Mr. Hubbazd's concerns but he would like to point out
that his issues are not necessarily created by the applicant but rather were left on site from the
8-17-06
Page 4
previous owner. He is confident that the applicant will maintain their properry in a positive
manner and that this proposal will be a positive addition to the area.
No ather persons from the public appeared before the Commission during the public hearing on
Application Nos. 2008-003, 2008-004 and 2008-005.
There was a motion by Commissioner Leino, seconded by Commissioner Roche, to close the
public hearing at 10:02 p.m. The motion passed unanimously.
ACTION TO RECOMMEND APPROVAL OF RESOLUTION NO. 2008-02
There was a motion by Commissioner Kuykendall, seconded. by Commissioner Roche, to
approve Planning Commission Resolntion No. 2008-02 regarding the recommended disposition
of Planning Commission Application No. 2008-003 submitted by The Luther Company LLLP.
The motion passed unanimously.
Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Roche.
And the following voted against the same: None
Whereupon said resolution as declared duly passed and adopted.
Resolution 2008-02 is made part of these minutes by attachment.
The Council will consider this application at its July 28, 2008 meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that they be returned to the Commission for reconsideraxion.
ACTION TO RECQMMBND APPROVAL OF APPLICATION NO. 2008-d04 THE
LUTHER COMPANY LLLP
There was a motion by Commissioner Roche, seconded by Cornmissioner Leino, to recommend
to the City Council that it approve Application No. 2008-004, submitted by The Luther
Company LLLP for Preliminary Plat approval to combine and divide four existixig lots into two
Iots on the east side of Brooklyn Boulevazd between I-94 and 69�' Avenue for tlie creation of two
new autmmobile dealerships subject to the following conditions:
1. The final plat is subject to review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
3. Approval of this preliminazy plat is contingent upon approval of Planning Commission
Application No. 2008-005.
4. Appropriate cross access and cross parking agreements and a dedication binding Lot 1,
Block 1, Chrysler Realty Addition to the proposed Lot 1, Block 1, Bri Mar 2 Addition,
as approved by the City Atttorney shall be developed and filed with the titles to the
property.
S-1?-06
Page 5
5. The applicant shall provide the city with an executed copy of shared access easement
between the proposed Lots 1 and 2, Bri Maz 2" Addition prior to final plat approval to be
filed with the titles to the properties.
6. The applicant shall execute a11 easements required hy the City Engineer for drainage and
utility purposes prior to final plat approval.
7. The applicant shall provide written certification from a licensed land surveyor that the
existing sidewalk along Brooklyn Boulevazd does not encroach into the boundaries of the
proposed Lots 1 and 2 or provide the appropriate sidewalk easement dedication along
with the final plat.
8. Building permits for construction of any of the buildings comprehended under Planning
Commission Application No. 2008-005 shall not be issued until the plat has been given
final approval by the City Council and filed with Hennepin County.
9. The existing house at 4011 69�' Avenue North shall be demolished or removed from the
properly and all utilities appropriately disconnected prior to final plat approval.
Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Roche.
And the following voted against the same: None
Whereupon said resolution as declared duly passed and adopted.
The Council will consider this application at its July 28, 2008 meeting. The applicant must be
present. Major changes to #he application as reviewed by the Planning Commission will require
that they be returned to the Commission for reconsideration.
ACTION TO RECOMMEND APPROVAL OF RESOLUTION NO. 2008-03
There was a motion by Commissioner Roche, seconded by Commissioner Kuykendall, to
approve Planning Commission Resolution No. 2008-03 regarding the recommended disposition
of Planning Commission Application No. 2008-005 submitted by The Luther Company LLLP.
T'he motion passed unanimously.
Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Roche.
And the following voted against the same: None
Whereupon said resolution as declared duly passed and adopted.
Resolution 2008-03 is mad.e part of these minutes by attachment.
The Council will consider this application at its July 28, 2008 meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that they be returned to the Commission for reconsidera.tion.
8-17-06
Page 6
OTHER BUSINESS
Chair Rahn suggested that the discussion item of Flashing Signs be tabled until another meeting
when the entire Commission is present.
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Leino, seconded by Commissioner Kuykendall, to adjourn
the Planning Commission meeting. The motion passed unanimously. The meeting adjoi�rned at
10:10 p.m.
I
Chair
Recorded and transcribed by:
Rebecca Crass
I
8-17-06
Page 7
i
City Council Agenda Item No. lla
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk �f�
l
DATE: August 19, 2008
SUBJECTf Mayoral Appointment Housing Commission
12ecommendation:
I recommend that the City Council ratify the Mayoral appointment of Gretchen Knutson to the Housing
Commission with term expiring December 31, 2009.
Background:
The Housing Commission is composed of a chairperson and six members. There are two vacancies on
the Commission. As outlined in Subdivision 6, Resignations-Removal from Office-Vacancies, of the
Resolution Defining Duties and Responsibilities of the Brooklyn Center Park and Recreation
Commission, the following procedures for filling Commission vacancies were followed.
Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's
web site and aired on Cable Channel 16 beginning December 2007 and continues. Announcement was
made in severa] editions of Brooklyn Center Sun-Post.
A letter was sent to those persons who previously had submitted an application for appointment to a
Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the
City Clerk if they are interested in applying for the Commission. They were given the choice of either
submitting a new application or having their application previously submitted considered. Notices were
also sent to current advisory commission members.
A copy of the application received was forwarded to City Council Members on August 16, 2008.
Attached for City Council Members only is a copy of the application received:
Gretchen Knutson 5143 Drew Ave N
A letter was sent to the applicant notifying her that her application for appointment would be considered
at the August 25, 2008, City Council meeting.
Mayor Willson has communicated with the resident and recommends appointment.
As previously requested by the City Council, the City Advisory Commission Bylaws are not included in
the materials but can be found on the City's web site at www.citvofbrooklvncenter.or� and clicking on
Mayor/ Council/ Commissions/ Charter, then Advisory Commissions. The membership roster is also
available at this site and in the City Council Reference Book.
Budget Issues:
There are no budget issues to consider.
City of Brooklyn Center
Housing Commission
Geographical Distribution
(Chairperson and Six Members)
Carrent Members
August 19, 2008
Nei�hborhoods Applicant(s) Current Members
Southeast Joshua Xiong
Northeast
Northwest Steve Landis
West Central Kris Lawrence-Anderson
Central Judy Thorbus
Southwest Gretchen Knutson Michael Johnson
Two vacancies.
City Council Agenda Item No. llb
Memorandum
Date: 18 August 2008
To: Curt Boganey, City Manager
From: Daniei Jordet, Director of Fiscal Support Services
Re: Franchise Fees
Talking Points of this Memorandum:
The franchise fee has been in place since 2004.
It generates 660,000 per year in street reconstruction revenue.
The street reconstruction program needs more revenue to meet its goals
through 2021.
Franchise fees can be increased but only at a specified pace.
Increased franchise fees could account for about half of the funding
needed to complete the street reconstruction program.
Summary of cost to homeowners.
Request for Action Resolution
The City Council adopted two resolutions on 8 December 2003 which established
franchise fees with the two large non-municipal utility companies in Brooklyn Center;
Xcel Energy (electricity) and Centerpoint Energy (natural gas). These fees were, in each
case, a fee charged to the respective utility companies for the use of public rights-of-
way and other public grounds in the delivery of services to their customers. The
companies were allowed as a condition of the agreement to show these fees as a
surcharge on the billings to individual customers.
The first fees were charged in January of 2004. The respective utility companies have
submitted payments of these franchise fees on a quarterly basis over the past four
years. The franchise fee charges have remained the same since the inception of the fee.
Since 2004 the franchise fees have generated total reven�e of 2,591,722. These
funds have all been credited to the Street Reconstruction Fund, which is used to fund
non-assessable portions of street reconstruction projects as outlined in the Capital
Improvement Plan.
At current levels, the franchise fees will generate about 660,000 per year. Holding to
that same level of franchise fees through the conclusion of the initial street
reconstruction program in 2021 the City will be almost 2,000,000 short of the funding
needed to complete the program.
The franchise fee agreements allow the City to increase the fee. For Centerpoint, there
is no specification in the agreement other than that the fee cannot be increased more
than once annually. The Xcel agreement is quite different. It indicates that one fee
increase of no more than 3% can occur between January 31, 2007 and January 31,
2010. After January 31, 2010 three can be one fee increase of no more than 3% every
three years for the duration of the franchise agreement. Since the City does not, at this
time, anticipate searching for another franchisee to provide electrical service, it is
assumed that these stipulations will be in efFect throughout the Capital Improvement
Plan.
The net efFect of a 3% increase in franchise fees taking effect on 1 July 2008, another
3% increase taking effect on February 1, 2010, and an additional 3% increase every
three years following is an increase of about 900,000 in total street reconstruction
funding. The result is still a fund deficit at the end of the program but the deficit is half
the amount it would be if the franchise fees were left at the current levels. In other
words, increasing the franchise fees as permitted in the franchise agreements will cover
about half of what is needed to complete the street reconstruction program through
2021.
The efFect of the increased fee residential properties, which account for about 51% of
the total franchise fees, would be as follows
Residential Franchise Fee per Month
Current 7/1/2008 2/1/2010 2/1/2013 2/1/2016
Xcel Energy 1.48 1.52 1.57 1.62 1.67
Centerpoint 1.48 1.52 1.57 1.62 1.67
Cammercial and industrial increases would also be 3% at each of the dates listed above.
I
Increasing these franchise fees requires the following
Minimum 60 day notice to the utility companies.
Amendments to the ordinances setting the franchise fees.
Public Hearings to amend the ordinances.
Funding the balance of the street reconstruction fund will require some additional source
of funding of about 80,000 per year through 2021 to complete the street
reconstruction program given the currently adopted Capital Improvements Program.
Finance si currently exploring the possibility of using excess Improvement Bond funds to
provide funding to complete these projects.
At a City Council Work Session on 11 August 2008 staff presented the above information
and discussed it with the Mayor and City Council Members. Attached is a resolution
allowing the staff to move forward in taking the necessary steps to increase the
franchise fee as outlined above. Adoption of the resolution would authorize notification
of the two utilities and would call for a public hearing on the necessary ordinance
amendments to complete the process. The new fees would take effect on 1)anuary
2009.
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING NOTICE OF 1NTENT FOR FRANCHISE FEE
INCREASES AND CALLING FOR A PUBLIC HEARING
WHEREAS, the City of Brooklyn Center began collecting franchise fees
pursuant to City Ordinance No. 2003-23 and No. 2003-24 in January of 2004, from CenterPoint
Energy and Xcel Energy respectively; and
WHEREAS, the franchise fee charges adopted in those Ordinances have not
changed since they were implemented in 2004; and
WHEREAS, said Ordinances make allowances for increasing the franchise fees
charges upon meeting certain conditions of the Franchise Ordinance; and
WHEREAS, the City desires to increase the fees collected and dedicated to
street reconstruction in the City; and
WHER.AS, A 3% increase in the residential franchise fee will increase the
monthly charge for each of the two utilities from 1.48 to 1.52, an increase of $.04 per utility
per month.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City Manager is authorized to notify CenterPoint Energy and Xcel
Energy immediately of the City's intent to raise franchise fees 3.00 percent in accordance with
the Ordinances and Agreements between the City and the utilities beginning 1 January 2009.
BE IT FURTHER RESOLVED that the City Council hereby calls for a Public
Hearing on the franchise fee increases on October 13, 2008, at 7:00 p.m. in the City Council
Chambers at the Brooklyn Center City Ha11.
Au�ust 25. 2008
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
City Council Agenda Item No. llc
i
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: David Peterson, Deputy Director of Public Works
DATE: August 18, 2008
SUBJECT: Resolution Approving Change Order No. l, Improvement Project Nos. 2008-
O5, 06, 07 08, Contract 2008-B, Xe�es Avenue/Northway Drive Street and
Utility Improvements
Recommendation:
Public Works staff recommends that the Brooklyn Center City Council consider the attached
resolution approving Change Order No. 1 for Improvement Project Nos. 2008-05, 06, 07 and 08,
Contract 2008-B, Xerxes Avenue/Northway Drive Street and Utility Improvements.
Background:
On May 12, 2008 the City Council awarded a contract to C.S. McCrossan, Inc. of Maple
Grove, Minnesota for Street and Streetscape Improvements in the 2008-05, 06, 07 08
project area. C. S. McCrossan has been working steadily in the project area, which due to
the sreetscape style design, has been quite complex.
Over the course of construction, three additional work items were necessary to address
unanticipated construction issues. These additional work items are itemized on the attached
Change Order No. 1 and summarized below.
l. The first change order item was a difference between what the contract documents
indicated and what was required for the project. The City's typical section showed an
R-3067-D Catch Basin casting for all CB-MH. The casting that is required is an R-
3250-A. The cost difference between the smaller R-3067-D and the larger R-3250-A
is about $31.89 and there are approximately 32 casting of this type.
Total Estimated Cost: $1,020.43
2. The second item involved the pouring colored concrete bases around the decorative
lighting on the project. As part of the project new decorative lights are being installed.
To add continuity to the project and help with overall maintenance, a 30" concrete
pad matching in color to the maintenance strip will be installed. Due to the
additional finishing work and extra thickness of concrete, the contractor is requesting
a cost of $65.00 per pad, to furnish and install concrete pads around the new light
poles.
Total Estimated Cost: $2,600.00
In7proi�einesu Project -'008-05, 06. 07 08 Cl�ange Order No. 1
3. After adin was started ad'acent to the A lebee s wall it was discovered that the
b'r g J PP
stucco type paint did not extend low enough for the required elevation of the new 10'
wide trail. This is the cost associated with sandblasting and painting the color ta
match the upper area.
Total Estimated Cost: $1 975.00
I
Change Order No. 1 is the first change order for the project. Change Order No. 1 in the
amount of $5,595.43 represents less than one (1) percent of the original contract amount.
Budget Issues:
The attached resolution approves Change Order No. 1 for the project. The original contract
amount is $2,275,139.14. The change order would increase the contract amount by
$5,595.43. The change order amount is well within the contingency funds that were reserved
for the project by the City Council in September 2007.
I
h�iproveniefrt Projec� 2008-05, 06, 07 08 Cha�ige Order 1�'0. 1
I
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT
PROJECT NOS. 2008-05, 06, 07 08, CONTRACT 2008-B, XERXES
AVENUE/NORTHWAY DRIVE, STREET AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center,
Minnesota, C.S. McCrossan, Inc. of Maple Grove, Minnesota was instructed to complete additional
work as itemized on Change Order No. 1 for Contract 2008-B; and
WHEREAS, said additional work was not included in the original Contract, but was
deemed necessary to properly complete construction for the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that Change Order No. 1 in the amount of $5,595.43 for Contract 2008-
B is hereby approved. The revised contract amount shall be as follows:
Original Contract Amount 2;275,139.10
Change Order No. 1 5,595.43
Revised Contract Amount 2,280,734.53
Au�ust 25, 2008
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
And upon vote being taken thereon, the fol�owing voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. lld
CITY COUNCIL MEMORANDUM
TO: Curt Boganey, City Manager
FROM: David Peterson, Deputy Director of Public Works
DATE: August 19, 2008
SUBJECT: Resolution Approving Cellular Site Lease Agreement with T Central LLC
The City of Brooklyn Center entered into a Site Lease Agreement with T-Mobile Central LLC
on July 30, 2008 to allow installation of wireless (cellular) antennas on the City's Water Tower
No. 2 located at 6900 Dupont Avenue. The lease agreement allows T-Mobile to install and
operate an antenna array with up to twelve antennas on the water tower. Sprint/Nextel currently
has nine antennas installed on the tower structure. There is room at this site for a T-Mobile
installation.
T-Mobile has recentl submitted lans for the installation of u to twelve total antennas onto the
Y P P
water tower. The installation of the additional antennas will require T-Mobile to install
additional cables and mounting brackets on the tower structure. Additional ground equipment is
proposed to be installed within T-Mobile's lease ground enclosure area. KI,M Engineering, the
City's consulting structural engineering firm, has reviewed and approved the site plan and
specifications. An additional underground power feed and telephone service line will be needed
to complete the installation of the additional antennas.
Due to the equipment necessary for the proposed antennas, staff has negotiated a Site Lease
Agreement. The agreement acknowledges that the new antennas will be used for the primary
purpose of enhancing service far T-Mobile Central LLC. The lease agreement requires payment
of $2,000 to the City to cover engineering expenses incurred as a result of plan reviews and site
inspections. The agreement also provides for an annual lease payment by T-Mobile of
$24,799.92 as compensation for the additional infrastructure that will be installed by T-Mobile
onto the water tower structure and leased ground area.
Attached for consideration is a lease and structural plan and the City Council resolution
authorizing the Mayor and City Manager to execute the Site Lease Agreement with T-Mobile
Central LLC.
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPROVING CELLULAR SITE LEASE AGREEMENT WITH
T-MOBILE CENTRAL LLC
WHEREAS, the City of Brooklyn Center entered into a Site Lease Agreement dated
July 30, 2008 with T-Mobile Central LLC for the purposes of allowing the installation and operation
of antenna arrays at the City's water storage facility located at 6900 Dupont Avenue; and
WHEREAS, T-Mobile Central LLC has requested authorization to install antenna
facilities at said water storage facility for the purposes of enhan,cing wireless service coverage for
T-Mobile Central LLC; and
WHEREAS, the City of Brooklyn Center consents to allowing T-Mobile Central LLC
to install antenna facilities at said location subject to the conditions of the Site Lease Agreement,
copies of which were reviewed by the City Attorney and City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the Mayor and City Manager are hereby authorized to execute the
Site Lease Agreement dated July 30, 2008 between the City of Brooklyn Center and T-Mobile
Central LLC.
Au�ust 25. 2008
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
MEMORANDUM OF LICENSE
Assessor's Parcel Number: 25-119-21-34-0019
Between the City of Brooklyn Center ("Landlord") and T-Mobile Central LLC ("Tenant")
A Site Lease Agreement (the "Lease") by and between the City of Brooklyn Center, a Minnesota municipal corporation
("Landlord") and T-Mobile Central LLC, a Delaware limited liability company ("TenanY') was made regarding a portion of the
following property:
Lot 50, Auditor's Subdivision No. 309
The Lease is for a term commencing within thirty (30) days of the Effective Date, or upon Tenant's start of construction,
whichever first occurs ("Commencement Date"), and end on December 31 of the fifth calendar year of the Lease including any first
partial year. Tenant shall have the right to extend this Lease for three (3) additional and successive five-year terms.
IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last party to
sign.
I,ANDLORD: TENANT:
City of Brooklyn Center T-Mobile Central LLC
BY: BY:
Name: Name: Hossein Senehr
Title. Mavor Title. Director of Eneineer and Onerations
DATE: DATE:
LANDLORD:
City of Brooklyn Center
BY:
Name:
Title: Citv Manaeer
DATE:
Addendum to Rooftop Lease With Option Page 1
Site Number. AI00755-A Rooftop Lease version 6.30.06
Sice Name: arookivn Cencer Water Tower Everereen
Market Minneaoolis
�Notarv block for Landlord(
STATE OF MINNESOTA
ss.
�UNTY OF HENNEPiN
This instrument was acknowledged before me on by
Mayor of the City of Brooklyn Center, a Minnesota municipal corporation, on behalf of said corporation.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notary stamp/seal)
/Notarv block for Landlordl
STATE OF MINNESOTA
ss.
�UNTY OF HENNEPIN
This instrument was aclrnowledged before me on by
City Manager of the City of Brooklyn Center, a Minnesota municipal corporation, on behalf of said corporation.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notary stamp/seal)
2
Site Number: A100755-A Rooftop Lease version 630.06
Sice Name: Brooklyn Cencer Water Tower Everereen
Market: Minaeapolis
�Notarv block for Licenseel
�ATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
I certify that I know or have satisfactory evidence that Hossein Sepehr is the person who appeazed before me, and said person
acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Director
Engineering and Operations of T-Mobile Central LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(LJse this space for notary stamp/seal)
3
Site Number. A100755-A Rooftop Lease vusion 6.30.06
s[te xame: sroot�y� center Water Tower Everereen
Market: Minneapolis
TABLE OF CONTENTS
L Leased Premises
2. Rent
(a) Amount, Adjustments
(b) Time of Payment, Taxes
3. Governmental Approval Contingency
(a) Tenant Application
(b) Interference Study
(c) Non-approval
4. Term and Renewals
5. Tenant's Use.
(a) User Priority
(b) Purposes
(c) Construction
(d) Operation
(e) Maintenance, Improvement Expenses
fl Replacements
(g) Drawings
(h) No Interference
(i) Access
(j) Payment of Utilities
6. Emergency Facilities.
7. Additional maintenance Expenses
8. Defense and Indemnification
(a) General
(b) Hazardous Materials
(c) Tenant's Warranty
9. Insurance
(a) Warkers' Compensation
(b) General Liability.
(c) Automobile Liability
(d) Tenant Property Insurance
(e) Hazardous Materials Coverage
fl Adjustment to Insurance Coverage Limits
(g) Additional Insured Certificate of Insurance
10. Damage or Destruction
11. Lease Termination
(a) Events of Termination
(b) Notice of Termination
(c) Tenant's Liability for Early Termination
(d) Site Restoration
12. Limitation of Landlord's Liability
13. Temporary Interruptions of Service
14. Tenant Interference
(a) With Structure
(b) With Higher Priority Users
(c) Interference Study New Occupants
(d) Interference New Occupants
15. Assignment
16. Condemnation
17. Disputes
18. Enforcement and Attorneys' Fees
19. Notices
20. Authority
21. Binding Effect
22. Complete Lease; Amendments
23. Governing Law
24. Severability
25. Memorandum
26. Waiver of Landlord's Lien
27. Warranty of Title and Quiet Enjoyment
SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT ("Lease"), made this day of 2008
("Effective Date") between City of Brooklyn Center, a Minriesota Municipal Corporation
("Landlord"), and T-Mobile Central LLC, a Delaware limited liability company ("Tenant").
For good and valuable consideration, the parties agree as follows:
1. Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to
Tenant and Tenant leases from Landlord a portion of Landlord's property ("Property"), located at
1000 69 Avenue, City of Brooklyn Center, County of Hennepin, State of Minnesota, legally
described in E�ibit A attached hereto, subject to any and all existing easements, as more
particularly shown in Exhibit B attached hereto, on which directional antennas, connecting cables
and appurtenances will be attached and located, the exact location of each to be reasonably approved
by Landlord's City Engineer, together with appurtenant easements and access rights ("Leased
Premises").
2. Rent.
(a) Amount, Adiustments. As consideration for this Lease, Tenant shall pay Landlord an
annual rent in the amount of twenty four thousand seven hundred ninety nine dollars and
ninety two cents ($24,799.92) for the initial year, which shall be increased each year on
January 1, by the greater of: (a) four percent (4%) of the previous year's annualized rental, or
by an amount equal to the increase in the Consumer Price Index ("CPI"). The CPI shall mean
the "Consumer Price Index" for All Urban Consumers, All Cities, All Items (1967 =100) as
published by the United States Department of Labor Statistics, or if such index shall be
discontinued, the successor index, or if there shall be no successor index, such comparable
index as mutually agreed upon by the parties. To determine the annual rental increase to be
paid by Tenant under a CPI adjuster, the annualized rental for the previous year shall be
multiplied by a percentage figure, computed from a fraction, the numerator of which shall be
the CPI for the third quarter of the preceding year and the denominator of which shall be the
CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a
percentage equivalent. The resulting percentage fixture shall be multiplied by the previous
year's rent (annualized for the first year).
(b) Time of Pavment Taxes. Landlord shall communicate all rental increases to the Tenant in
writing by the preceding December 1 of each year. The annual rental shall be paid before
January 1 of each year. For the first year, the rental shall be pro rated through December 31
and shall be paid to Landlord in full within thirty (30) days of the Commencement Date. If
the Tenant does not meet the requirements referenced in Subparagraph 3(a) below within
sixty (60) days of final execution of this Lease, Landlord shall refund the Tenant rental
payment made at the time of Lease execution and this Lease shall terminate. Landlord agrees
to notify Tenant of any taxes or other charges imposed upon the property by a governmental
agency. In addition to the annual rental, Tenant agrees to timely pay its pro rata share of any
taxes or other charges imposed upon the property by a governmental agency required as a
direct result of this Lease, except for sales and income taxes that are attributable to the
Landlord.
3. Governmental Auuroval Contingencv.
(a) Tenant Application. Tenant's right to use the Leased Premises is expressly made
contingent upon its obtaining all the certificates, permits, zoning and other approvals that
may be required by any federal, state, or local authority. This shall include the engineering
studies specified in Subparagraph 3(b) below on the Structure to be conducted at Tenant's
expense. Landlard shall cooperate with Tenant in its efforts to obtain and retain such
approvals.
(b) En�ineerin� Studies. Befare obtaining a building permit, Tenant must submit a study or
studies that shall address, but not be limited to the following: (i) a radio frequency
interference study carried out by an independent and qualified professional reasonably
approved by the Landlord showing that Tenant's intended use will not interfere with any
existing communications facilities as of the Effective Date, and (ii) an engineering study.
showing that the presence of the Tenant's Facilities, as defined in Subparagraph 5(b), will
not prejudice the use of the Landlord's water tank or adjacent grounds ("Structure"), inhibit
the Landlord's operation and maintenance of the facility and its appurtenances, inhibit
access, nor damage the Structure, its coatings, or its appurtenant facilities. If Landlord
reasonably concludes after review of the study that'there is a potential for interference that
cannot be reasonably remedied, or for prejudice to the Structure or its use, Landlord shali
notify Tenant in writing with sufficient detail so that Tenant may attempt to eliminate the
potential for such interference or prejudice to the Structure. If, after a reasonable opportunity
to address the potential interference or prejudice to the Structure, Tenant is unable to do so,
Landlord may tertninate this Lease immediately and refund the initial rental to Tenant.
(c) Non-approval. In the event that any application necessary under Subparagraph 3(a) above
is finally rej ected or any certificate, permit, license, or approval issued to Tenant is canceled,
expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that
Tenant will be unable to use the Leased Premises for its intended purposes, Tenant shall have
the right to terminate this Lease and be reimbursed pro rata based on the effective date of the
termination, for the annual rental payment if made pursuant to Subparagraph 2(b) above.
Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by
certified mail, return receipt requested, and shall be effective upon receipt of such notice by
Landlord as evidenced by the return receipt. Upon such termination, this Lease shall become
null and void and the parties shall have no further obligations to each other except for
obligations for payments of money incurred prior to the effective date of termination and
except for any other obligations which, by the terms of this Lease, are to survive termination.
4. Term and Renewals. The "Initial Tern�" of this Lease shall commence within thirty (30) days of
the Effective Date, or upon Tenant's start of construction, whichever first occurs ("Commencement
Date"), and end on December 31 of the fifth calendar year of the Lease including any first partial
year. Subject to the terms and conditions of this Lease, Tenant shall have the right to extend this
Lease for three (3) additional five (5) year renewal periods ("Renewal Term") commencing on
January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term.
This Lease shall be automatically renewed for each successive Renewal Term unless Tenant
sends written notice of non-renewal to Landlord no later than ninety (90) days prior to the
expiration of the Initial Term or any Renewal Term, such notice provided in accordance with
Paragraph 19 of this Lease.
5. Tenant's Use.
(a) User Prioritv. Tenant agrees that the following priorities of use, in descending order, shall
apply in the event of communication interference or other conflict while this Lease is in
effect, and Tenant's use shall be subordinate accordingly:
1 Landlord;
2. Public safety agencies, including law enforcement, fire, and ambulance
services, public utilities, and public works that are part of, or provided by,
Landlord, State of Minnesota, or Hennepin County Minnesota; and
3. Tenant and other government-regulated entities whose antennas offer a
service to the general public for a fee, in a manner similar to a public utility,
such as long distance and cellular telephone; including radio and television
broadcasters. As to these parties, priorities shall be based on a first in time
basis, i.e. parties coming to the Property first, have first in time protections
from users of the Property at a later date, and parties coming to the Property
last must not interfere with existing users of the Property.
(b) Purooses. Tenant shall use the Leased Premises only for the purpose of installing,
maintaining, and operating a communications antenna facility, equipment, cabinets and an
accessory building, and uses incidental thereto for providing radio and wireless
telecommunication services which Tenant is legally authorized to provide to the public.
Tenant's use of the Leased Premises shall at all times be in compliance with those
construction drawings attached hereto as Exhibit B, the approval of which is hereby
acknowledged. Tenant's use of the Structure shall be non-exclusive, and Landlord
specifically reserves the right to allow the Structure to be used by other parties and to make
additions, deletions, or modifications to its own facilities on the Property. Tenant's
communication antenna facility shall consist of antennas centered at 130 fAGL (feet above
ground level), along with cables and appurtenances connected to an accessory building or
cabinet located on the Leased Premises ("Tenant Facilities"). As used in this agreement, the
terms "accessory building" or "building" shall mean the fenced in compound and cabinets as
shown in the drawings attached as Exhibit B. Landlord and Tenant shall comply with all
applicable ordinances, statutes and re ulations of local state and federal overnment
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agencies.
(c) Construction. Tenant may erect and operate an antenna array with up to twelve (12)
antennas in accordance with its approved construction drawings attached as Exhibit B and
those construction drawings attached as Exhibit B. Tenant may not increase the number of
antennas beyond twelve (12) without first securing the approval of Landlord by written
amendment to this Lease.
(d) Operation. Tenant shall have the right, at its sole cost and expense, to operate and
maintain the Tenant Facilities on the Leased Premises in accordance with good engineering
practices and with all applicable local, state, and federal laws, rules and regulations. Any
damage done to the Leased Premises or other Landlord property including the Structure
during Tenant's installation or operations, shall be repaired at Tenant's expense, said repairs
to be undertaken immediately in the event the damage endangers the safe operation of the
water tower, or within thirty (30) days in the event the damage does not endanger the safe
operation of the water tower. If the Tenant fails to undertake or complete these repairs, the
Landlord may repair the damage and charge the Tenant for all costs associated with the
repair. The Tenant Facilities shall remain the exclusive property of the Tenant.
(e) Maintenance, Imnrovement Expenses. All modifications to the Leased Premises and all
improvements made for Tenant's benefit shall be at the Tenant's expense and such
improvements, including antenna, facilities and equipment, shall be maintained in a good
state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or
adjacent to the Leased Premises, and kept secured by Tenant. If Tenant's Facilities are
mounted on the Structure they shall, at all times, be painted, at Tenant's expense, the same
color as the Structure. The Tenant agrees to clean and/or repair any damage to Tenant's
Facilities due to vandalism within three (3) days of written notice of such damage:
Furthermore, the Tenant agrees to pay all costs associated with said repair. If repair is not
commenced within three (3) days of Tenant's receipt of notice, the Landlord may repair the
damage and charge the Tenant for all costs associated with the repair.
Replacements. Before the Tenant may update, modify, or replace the Leased Premises
other than as provided for in the construction drawings attached as Exhibit B, Tenant shall
request the approval of the Landlord and provide detailed plans and specifications to
Landlord. Tenant shall submit to Landlord such detailed plans and specifications for any
such replacement facilities together with any other information reasonably requested by
Landlord regarding such update, modification, or replacement; including but not limited to a
technical study, camed out at Tenant's expense. Landlord may not unreasonably withhold
approval. Landlord acknowledges that routine, in-kind replacement of certain components of
Tenant's Facilities may be necessary for maintenance and repair purposes. Tenant may
perform such maintenance, including without limitation, the replacement, updating and
modification to its equipment in and on the Leased Premises without Landlord's approval, if
such maintenance, replacement, updating or other modification of its equipment is located
inside Tenant's equipment building. All other modifications by Tenant of the Antenna
Facilities is subject to review and approval by Landlord.
(g) Drawin�s. Tenant shall provide Landlord with as-built drawings of the equipment and
improvements installed on the Leased Premises, which show the actual location of all Tenant
Facilities. Tenant shall not be required to list the equipment located within Tenant's building
with the exception of any item which may be considered Hazardous Material as defined in
paragraph 8(b) of this Lease.
(h) No Interference. Tenant shall, at its own expense, maintain any equipment on or attached
to the Leased Premises in a safe condition, in good repair and in a manner suitable to
Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant
shall not unreasonably interfere with the operations of any prior tenant using the Structure
and shall not interfere with the working use of the water storage facilities thereon or to be
placed thereon by Landlord.
(i) Access. Tenant, at all times during this Lease, shall have access to the Leased Premises
in order to install, operate, and maintain its Tenant Facilities. Tenant shall notify Landlord of
its intent to gain access to the Structure at least twenty-four (24) hours in advance, except in
an emergency. Such access shall be coordinated with Landlord so as not to interfere with
Landlord's maintenance or other activities.
(j) Pavment of Utilities. Tenant shall separately meter charges for the consumption of
electricity and other utilities associated with its use of the Leased Premises and shall
promptly pay all costs associated therewith.
6. Emer�encv Facilities. In the event of a natural or man made disaster, in order to protect the
health, welfare, and safety of the community, Tenant may erect additional Tenant Facilities and
i
install additional e ui
ment on a tem ora a i t
q p p ry b s s on he Leased Premises to assure continuation of
service. Such temporary operation shall not exceed 90 days in any calendar yeax unless Tenant
obtains written approval from the Landlord.
7. Additional Maintenance Expenses. Within thirty (30) days of receiving written notice from
Landlord, Tenant shall promptly pay to Landlord all expenses incurred in maintaining the Leased
Premises, including painting or other maintenance of the Structure, that are caused by Tenant's
occupancy of the Leased Premises. Prior to incurring any such expenses in excess of One Thousand
Dollars ($1000.00), Landlord shall first notify Tenant of any repairs resulting from Tenant's
occupancy. Tenant acknowledges the need for periodic maintenance of the Structure, including
repair of the Structure and its coatings. Landlord agrees to provide sixty (60) days notice of
commencement of maintenance activities. During the performance of Landlord's maintenance or
repair that disrupts Tenant's operations, Tenant shall have the right to place a temporary ground-
based mobile telecommunication unit (cell-on-wheels) to maintain operation, at the expense of the
Tenant. Temporazy equipment shall be removed immediately upon completion of Landlord's
maintenance work and reinstallation of Tenant's equipment. Tenant is responsible for any cost
associated with the protection of the Tenant Facilities during these periodic or non-emergency
maintenance activities. Tenant further agrees that the Landlord is not responsible for damage to
transmission lines during routine maintenance, except for damages caused by Landlord' negligence
i or willful misconduct. Tenant may, at his or her own expense, test said lines before and after
maintenance.
8. Defense and Indemni�cation.
i
(a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected
officials, officers, employees, agents, and representati�es, from and against any and all
claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable
attorneys' fees and other costs and expenses of litigation, which may be asserted against or
incurred by Landlord or for which Landlord may be liable in the performance of this Lease to
the extent caused by Tenant's installation, maintenance, and operation of its Tenant Facilities
or Tenants use of the Leased Premises, except those which arise solely from the negligence,
willful misconduct, or other fault of Landlord or other user of the property. Tenant shall
defend all claims arising out of its :installation, operation, use, maintenance, repair, removal
or presence of the Tenant Facilities, equipment and related facilities on the Leased Premises.
Landlord agrees to defend, indemnify and hold Tenant harmless from any and all costs
(including reasonable attorney's fees) and claims of liability or loss which arise out of any
breach of a representation or warranty made by Land�ord herein, or Landlord's use of the
Property, except those claims which arise from the negligence, willful misconduct, or other
fault of Tenant. Landlord shall not be obligated to indemnify Tenant in any amount in excess
of the limitations of liability set forth in Minnesota Statutes, Chapter 466, less any amounts
which Landlord is obligated to pay by reason of the liability of the Landlord, its officers,
employees, and agents arising out of the same act or occurrence.
(b) Hazardous Materials. Without limitin the sco e of Sub ara a h 10 a above Tenant
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will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and
em lo ee
p y s harmless from and against any and all claims, costs, and liabilities, including
attorne 's fees and costs arisin out of or i c
y g n onnection with the cleanup or restoration of the
Leased Premises resulting from the Tenant's use of Hazardous Materials on the Leased
Premises. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and
specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance,
waste, or materials as defined in any federal, state, or local environmental or safety law or
regulations including, but not limited to, CERCLA. Landlord represents that (1) that neither
Landlord nor, to Landlord's knowledge, any third party has used, generated, stored or
disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material
on, under, about or within the Property in violation of any law or regulation, and (2) that
Landlord will not, and will not permit any third party to use, generate, store or dispose of any
Hazardous Material on, under, about or within the Property in violation of any law or
regulation.
(c) Tenant s Warrantv. Tenant represents and warrants that its use of the Leased Premises
will not generate and Tenant will not store or dispose of on the Leased Premises, nor
transport to or over the Leased Premises, any Hazardous Materials in violation of any law or
regulation governing the use, transport, or storage of Hazardous Materials. Tenant agrees to
notify the Landlord in writing within 48 hours of the existence of Hazardous Materials on the
Leased Premises. Landlord acknowledges that Tenant may use of batteries and other
components, including a fuel powered generator, specifically identified and specified on the
construction drawings attached as Exhibit B. The obligation of this Paragraph 8 shall survive
the expiration or other termination of this Lease.
9.Insurance
(a) Workers Comvensation. The Tenant must maintain Workers' Compensation insurance in
compliance with all applicable statutes. The policy shall also provide Employer's Liability
coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily
Injury by disease, policy lirnit, and $500,000 Bodily Injury by disease, each employee.
b e
O G neral Liabihtv. The Tenant must mamtain an occurrence form commercial general
liability coverage. Such coverage shall include, but not be limited to, bodily injury, property
damage broad form, andpersonal injury, for the hazards of Premises/Operation, broad
form contractual, inde endent contractors :and roducts/com leted o erations.
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The Tenant must maintain aforementioned commercial general liability coverage and person
and:advertising injury coverage with limits of liability not less than the limits on municipal
liability set forth in Minnesota Statutes, Section 466.04 far any number of claims arising out
of the same occurrence; $2,000,000 general aggregate, and $2,000,000 products and
completed operations aggregate. These limits may be satisfied by the commercial general
liability coverage or in combination with an umbrella or excess liability policy, provided
coverage afforded by the umbrella or excess policy are no less than the underlying
commercial general liability coverages.
Tenant will maintain Com leted O erations covera e for a minimum of two ears after the
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construction is completed.
(c) Automobile Liabilitv. The Tenant must carry Automobile Liability coverage. Coverage
shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in
the amount of the maximum amount of municipal liability under Minnesota Statutes, Section
466.04 for any number of claims arising out of the same occurrence. The liability limits may
be afforded under the Commercial Policy, or in combination with an Umbrella or Excess
Liability Policy provided coverage afforded by the Umbrella Excess Policy are no less than
the underlying Commercial Auto Liability coverage.
Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use,
i
maintenance or operation of all owned, non-owned and hired automobiles.
The Commercial Automobile Policy shall include at least statutory personal injury
protection, uninsured motorists and underinsured motorist's coverage.
(d) Tenant Pronertv Insurance. The Tenant must keep in force for the duration of the Lease a
policy covering damages to Tenant Facilities at the Leased Premises. The amount of
coverage shall be sufficient to replace the damaged property, loss ofuse and complywith any
ordinance or law requirements.
(e) Additional Insured Certificate of Insurance. The Tenant shall provide, prior to
tenancy, evidence of the required insurance in the form of a Certificate of Insurance
issued by a company authorized to do business in the state of Minnesota, with a minimum
A.M. Best rating of A-VII, which includes all coverages required in this paragraph 9.
Tenant will name the Landlord as an Additional Insured on the General Liability and
Commercial Automobile Liability Policies. The Certificate(s) shall also provide the
coverage may not be canceled, non-renewed, or reduced without thirty (30) days prior
written notice to the Landlord.
Waiver of Claims; Subro�ation. Each of Landlord and Tenant hereby releases the
other from any and all liability .or responsibility to the other or anyone claiming througYs.
;or under it by way of subrogation :or otherwise for an� loss or damage that may occur to
the Leased Premises or any improvements thereto, or the Structure or any improvements
thereto, or any property of such party therein, by reason of fire or any other cause wHich
could be insured against under the terms of standard fire and.extended coverage (a1l-risk)
insurance policies, regardless of cause or origin, including fault or negligence of the other,
party hereto, or anyone far whom such party may be responsible. Each party shall cause
each insurance policy obtained by it to provide that the insurer waives all rights of
recovery by way of subrogation against either party hereto in connection with damage
covered by such policy. The releases in this section will be effective whether or not the
loss was actually covered by insurance. Tenant assumes all risk of loss or damage of
Tenant's property or leasehold improvements within the Leased Premises, including any
loss or damage caused by water leakage, fire, windstorm, explosion, theft, act of any
tenant, or other casualty causes beyond Landlord's control. Landlord will not be liable to
Tenant, or its employees, for loss of or damage to any property in or at the Leased
Premises or the Structure, unless such loss or damage is caused by Landlord's negligence
or willful misconduct.
(g) The limits on liability insurance shall be increased from time to time so that they are at all
times in an amount at least equal to the limitations on liability for any number of claims arising
out of a single occurrence set forth in Minnesota Statutes, Section 466.04, as it may be amended
from time to time.
10. Damage or Destruction. If the Leased Premises is destroyed or damaged, without
contributory fault of the Tenant or its agents, so as, in Tenant's judgment, to hinder its effective
use of the Tenant Facilities, Tenant may elect to terminate this Lease upon thirty (30) days,
written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be
entitled to a pro rata reimbursement of prepaid rent covering the period subsequent to the date of
damage to or destruction of the Leased Premises. If Tenant does not elect to terminate, rent shall
fully abate until such time as the Leased Premises are restored.
11. Lease Termination.
(a) Events of Termination. Except as otherwise provided herein, this Lease may be
terminated by either party upon sixty (60) days written notice to the other party as follows:
(i) by either party upon a default of any covenant or term hereof by the other party,
which default is not cured within sixty (60) days of receipt of written notice of
default to the other party (without, however, limiting any other rights of the parties
pursuant to any other provisions hereo fl; unless such default may not reasonably be
cured within a sixty (60) day period in which case, this Lease may not be terminated
if the defaulting party commences action to cure the default within such sixty (60)
day period and proceeds with due diligence to fully cure the default, however, such
period shall not, in any event, extend beyond one hundred twenty (120) days of
receipt of written notice of default:
(ii) by Tenant if it is unable .to obtain or maintain :any license, permit ar other
governmental approval necessary for the construction and/or operation of the Tenant
Facilities or Tenant's business;
(iii) by Tenant for cause immediately upon notice to Landlord if the Leased Premises
is or becomes unaeceptable for technology reasons, including, without limitation,
unacceptable RF plan, shadowing, or interference under the Tenant Facilities, design
or engineering specifications or the systems to which the Tenant Facilities belong;
(iv) by Landlord, upon one (1) year's written notice to Tenant, if its Council passes a
resolution authorizing the redevelopment of the Leased Premises in a manner
inconsistent with the continued use of the Leased Premises by Tenant and/or
discontinue use of the Structure for all purposes;
(v) by Landlord, if it determines that the Structure is structurally unsound, including,
but not limited to, consideration of age of the Structure, damage or destruction of all
or part of the Structure on the Leased Premises from any source, or factors relating to
condition of the Leased Premises;
(vi) by Landlord, upon one year's notice at any time after the expiration of the Initial
Term, if it determines that the Leased Premises are required for use by a user with a
higher priority under Subparagraph 5(a) above and Landlord cannot find another
adequate location for such user or Tenant Facilities unreasonably interfere with
another user with a higher priority, regardless of whether or not such interference was
predicted in the initial interference study that was part of the application process.
(b) Notice of Termination. The parties shall give notice of termination in writing by certified
mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the
return receipt, except notice of Tenants intention to terminate this Lease shall be effective
upon Landlords receipt of such notice and deposit as set forth in section 11 (d) hereof. All
rentals paid for the Lease prior to said termination date shall be retained by Landlord unless
such termination is due to an uncured default or breach by Landlord.
(c) Tenant's Liabilitv for Earlv Termination. If Tenant berminates this Lease for any other
reason other than as expressly provided in this Lease; Tenant shall pay to Landlord as
liquidated damages for early termination, 150% of the annual rent for the year in which
Tenant terminates, unless Tenant terminates during the last year of any Term under
Paragraph 3 and Tenant has paid the annual rental for that year in which event, no further
amounts shall be due to Landlord.
(dj Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shall
immediately cease operation and use of the Antennas for communication purposes and shall
have 60 days from the termination or expiration date to remove its Tenant Facilities, and
related equipment from the Leased Premises, repair the site and restore the surface of the
Structure. Upon notice of termination, Tenant shall deposit with Landlord in the form of cash:
or a bond in the amount of Ten Thousand Dollars ($10;000), which shall be fully refunded ta
Tenant upon the timely removal of the Tenant Facilities and related equipment, the repair o.f
the site and the restoration of the Structure surface to the reasonable satisfaction of the
Landlord.
If Landlord removes the Tenant Facilities or related equipment, Landlord must give written
notice to the above entities at the addresses provided, informing them that Tenant Facilities
or related property have been removed and will be deemed abandoned if not claimed and the
storage fees and other reasonable costs paid within sixty (60) days. The obligations of this
paragraph (d) shall survive the expiration or other termination of this Lease.
12. Limitation of Landlord's Liabilitv. If Landlord terminates this Lease for any reason other than
default by Tenant, or Landlord causes interruption of the business of Tenant or for any other
Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the
actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any
recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of
business or profit or related damages to Tenant.
13. Temuorarv Interruptions of Service. If Landlord receives an order or written notice from the
FCC, or an appropriate agency with jurisdiction over this Lease, that continued operation of the
Tenant Facilities would cause or contribute to an immediate threat to public health and/or safety
(except for any issues associated with human exposure to radio frequency omissions, which is
regulated by the federal government), Landlord may order Tenant to discontinue its operation.
Tenant shall immediately comply with such an order. Service shall be discontinued only for the
period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord
shall notify Tenant as soon as possible after its action and give its reason for taking the action.
Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or
interference with Tenant's operation of its Tenant Facilities, except as may be caused by the
negligence or willful misconduct of the Landlord, its employees or agents. If the discontinuance
I extends for a period greater than three days, either consecutively or cumulatively, Tenant shall have
the right to terminate this Lease within its sole discretion for cause and without the payment of any
damages.
14. Tenant Interference
(a) With Structure. Tenant shall not interfere with Landlord's use of the Structure and agrees
to cease all such actions which unreasonably and materially interfere with such use thereof
no later than three business days after receipt of written notice of the interference from
Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the
Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within
Tenant's sole discretion, Tenant shall have the immediate right to terminate this Lease for
cause and without the payment of any damages:
(b) With Hi�her Prioritv Users. If the Tenant Racilities cause impermissible interference
with higher priority users as set forth under Subparagraph 5(a) above or with preexisting..
tenants, Tenant shall take all measures necessary to correct and eliminate the interference. If
the interference cannot be eliminated within 48 hours after receiving Landlord's written
notice of the interference, Tenantshall immediately cease operating its Tenant Facilities and
shall notxeactivate operation, except intermittent operation far the purpose of testing, until
the interference has been eliminated. If the interference cannot be eliminated within thirty
I (30) days after Tenant received Landlord's written notice Landlord or Tenant ma at its
y
option terminate this Lease immediately for cause and without the payment o�any damages.
(c) Interference Studv New Occupants. Upon written notice by Landlord that it has a bona
fide request from any other party to lease an area including or in close proximity to the
Leased Premises area, Tenant agrees to provide Landlord, within sixty (60) days, the radio
frequencies currently in operation or to be operated in the future of each transmitter and
receiver installed and operational on the Leased Premises at the time of such request.
Landlord may then have an independent, registered professional engineer of Landlord's
choosing perform the necessary interference studies to determine if the new applicant's
frequencies will eause harrnful radio interference to Tenant. Landlord shall require the new
applicant to pay for such interference studies.
(d) Interference New Occupants. Landlord agrees that it will not grant a future lease in the
Leased Premises area to any party who is of equal or lower priority to Tenant, if such party's
use is reasonably anticipated to interfere with Tenant's operation of its Tenant Facilities.
Landlord agrees further that any future lease of the Leased Premises area will prohibit a user
of equal or lower priority from interfering with the Tenant Facilities. Landlord agrees that it
will require any subsequent occupants of the Leased Premises area of equal or lower priority
to Tenant to provide Tenant these same assurances against interference. Landlord shall cause
the elimination of any interference with the operations of Tenant caused by such subsequent
occupants. If such interference is not eliminated, Tenant shall have the right to terminate this
Lease or seek injunctive relief against the interfering occupant, at Tenant's expense.
I5. Assi�nment and Sublettin�. Tenant may not assign, or otherwise transfer all or any part of its
interest in this Agreement or in the Premises without the prior written consent of Landlord; provided,
however, that Tenant may, without Landlord's consent, assign its interest to its parent company, any
subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity acquiring
fifty-one percent (51 or more of its stock or assets, subj ect to any financing entity's interest, if any,
in this Lease as set forth in Paragraph 26 below. Landlord may assign this Agreement upon written
notice to Tenant, subj ect to the assignee assuming all of Landlord's obligations herein, including but
not limited to, those set forth in Paragraph 26 below. Notwithstanding anything to the contrary
contained in this Lease, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer
without consent its interest in this Lease to any financing entity; or agent on behalf of any financing
entity to whom Teriant (i) has obligations for borrowed money or in.respect of guaranties thereof; (ii)
has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations
under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of
guaranties thereof.
16. Condemnation. In the event the whole of the Leased Premises is taken by eminent dornain, this
Lease shall terminate as of the date title to the L,eased Premises vests in the condemning authority. In
event a portion of the Leased Premises is taken by eminent domain; either party shall have the right
to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice ta the
other party. In the event of any taking under the power of eminent domain, Tenant shall not be
entitled to any portion of the award paid for the taking and the Landlord shall receive full amount of
such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all
damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of
the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from
the condemning authority, but not from Landlord, such compensation as may be separately awarded
or recoverable by Tenant for relocation benefits, business loss, or assistance.
17. D Any claim, controversy or dispute arising out of this Lease not resolved within ten
(10) days following notice of the dispute, shall be submitted first and promptly to mediation. Each
party shall bear its own costs of inediation and shall share equally the common costs of inediation. If
mediation does not result in settlement within forty-five (45) days after the matter was submitted to
mediation, either party may pursue all available remedies in any court of competent jurisdiction.
18. Enforcement and Attornev's Fees. In the event that either party to this Lease shall bring a
claim in arbitration to enforce any rights hereunder, the prevailing party shall be entitled to recover
costs and reasonable attorneys' fees incurred as a result of such claim.
19. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by
certified mail, return receipt requested, addressed as follows (or any other address that the party to be
notified may have designated to the sender by like notice):
If to Landlord, to: City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Attn: City Manager
If to Tenant, to: T-Mobile USA, Inc.
12920 SE 38 Street
Bellevue, WA 98006
Attn: PCS Lease Administrator
And: Attn: Legal Dept.
With copies to: T-Mobile Central LLC
2001 Butterfield Road, :Suite 1900
Downers Grove, IL 60515
Attn: PCS Lease Administration
Attn: Legal Dept.
20. Authoritv. Each of the individuals executing this Lease on behalf of the Tenant or the
Landlord represents to the other party that such individual is authorized to do so by requisite
action of the party to this Lease.
21. Bindin� Effect. This Lease shall run with the Property. This Lease shall extend to and bind
the heirs, personal representatives, successors and assigns of the parties hereto.
22. Comnlete Lease; Amendments. This Lease constitutes the entire agreement and
understanding of the parties and supersedes all offers, negotiations, and other agreement of any
kind. There are no representations or understandings of any kind not set forth herein. Any
modification of or amendment to this Lease must be in writing and executed by both parties.
23. Governing Law. This Lease shall be construed in accordance with the laws of the State of
Minnesota.
24. Severabilitv. If an term of this Lease is found be void or invalid such invalidit shall not
Y Y
affect the remaining terms of this Lease, which shall continue in full force and effect.
25. Memorandum. Upon request by either party, the parties agree to promptly execute and
deliver a recordable Memorandum of this Lease in a form acceptable to both parties which may
be recorded by the party requesting the Memorandum of Lease.
26. Waiver of Landiord's Lien.
(a) Landlord waives any lien rights it may have concerning the Tenant Facilities which are
deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the
same at any time without Landlord's consent.
(b) Landlord acknowledges that Tenant has entered into a financing arrangement including
promissory notes and financial and security agreements for the financing of the Tenant
Facilities (the "Collateral") with a third party financing entity (and may in the future enter
into additional financing arrangements with other financing entities). In connection
therewith, Landlord (i) consents to the installation of the Collateral; (ii) disclaims any interest
in the Collateral; as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt
from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to beeome
due and that such Collateral may be removed at any time without recourse to' legal
proceedings.
27. Warrantv of Title and Ouiet Eniovment. Landlord warrants that: (i) Landlord owns the
Property in fee simple and has rights of access thereto and the Froperty is free and clear of all
liens, encumbrances and restrictions; (ii) Landlord has full right to make and perform this
Agreement; and (iii) Landlord covenants and agrees with Tenant that upon Tenant paying the
rent and observing and performing all the terms, covenants and conditions on Tenant's part to be
observed and performed, Tenant may peacefully and quietly enjoy the Leased Premises.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seals the day and year first above written.
LANDLORD: Ci of Brookl n Center
h' Y
a Minnesota Municipal Corporation
By:
Mayor
By:
City Manager
Tax ID#: 41-6005011
STATE OF MINNESOTA
CO UNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of 2008, by
Tim Willson, Mayor, and Cornelius Boganey, City Manager, respectively of the City of�rooklyn
Center, on behalf of the City.
Notary Public
My commission expires:
TENANT: T-Mobile Central LLC,
a Delaware limited liability company
gY� i;G-✓r
Date: �c� 7� �t
Title: I
T� ID#:
STATE OF MINNESOTA
CO UNTY OF HENNEPIN
The fore oing�instrument was acknowledged before�me his day of J 200�
bv �55�rh the �ir���Ur of
on behalf of the corporation.
ST�vEN JON c,aRLSQtv Nota Public
Nai�ry Public
Minnes^*a
My Commission Expiras ..::^�r.^r�� 31, 201Q
M commission ex ires: J 31 1c�
Y P
EXHIBIT A
Property Legal Description
Fraperty located in Heunepu�, Ml�
Lot 50_ Auclitor's Subdi�-ision No. 309, Heiuiepui Couurv.
AI�D BEING the sau�e propertV con�°e�*ed to Village of Brookl�7i Veuter fi•oin Heurv E. Martiu, Robert
Martin aud Eva Martin by �Va�rann� Deed dated'_Vlairl� 08. 1960 and recardecl Septeuit�er O1, 1960 it�
I�istriunent No. 32541?b.
Tax Parcel No. ?5-119-21-34-0019 Ton�ens Propert��)
�XHIBIT B
�.eased Premises
LEASE TRACT DESCRIPTIOR:
.-u area ior iease tract purposes over, under and across that part of Lot 50, Auditar's Subdivisi�n No. 309, Hennepin
County, Minnesota described as follows:
Commencing at the southeast comer of the Southwest O�rter of Section 25. Townshin 119. Ran�e 21: thence Nor::
89 degrees 59 minutes 42 seconds West, bearings based on Hennepin County Coordinate Grid, along the south line
of said Southwest Quarter a distance of 1143.56 feet; thence on a bearing of North a distance of 216.97 feet to the
o;nt oT be innin of the lease tract to be described• th nce c
P g g e ontinuin on a bearin of North a distance of 20.00 feet•
g g
thence on a bearing of East a distance of 18.00 feet; thence on a bearing of South a distance of 20.00 feet; thence on
a bearing of West a distance of 18.00 feet to said point of beginning.
Said lease tract contains 36U square ieet.
ACCESS UTfLITY EASEMENT DESCRIPTtON:
An easement for access and utility purposes 15.00 feet in width over, under and across Lot 50, Auditor's Subdivision
No. 309, Hennepin County, Minnesota. The center line of said easement is described as follows:
Commencing at the southeast corner of the Southwest Quarter of Section 25, Township 119, Range 21; thence North
89 degrees 59 rninutes 42 seconds West, bearings based on Hennepin County Coordinate Grid, along the south line
of said Southwest Quarter a distance of 1143.56 feet; thence on a bearing of North a distance of 236.97 feet; thence
on a beazing of East a distanee of 8.83 feet to the point of beginning of the center line to be described; thence on a
bearing of North a distance of 15.06 feet; thence on a bearing of East a distance of 21.52 feet; thence North O l
degrees 12 minutes 33 seconds West a distance of 4817 feet; thence South 88 degxees 48 minutes 35 seconds West a
distance of 200.52 feet to the west line of said Lot 50 and said center line there terminating.
5aid access and utility easement contains 4,279 square feet.
SURVEYFOR:
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�I WATER TOWER TANK GOI.OR (EXTERIOR): PROWIDED BY THE CIN AND/OR KLM I�
E PNNTINC REOUIRfMEtv?5 (COMI4U£0)
rOATING S�siEMS FOR TE �-DMM NI aTION 0 IPM hi 3. PRIME COAT MUSL AE MRIED WITHM 8 HCURS tlF ABRASNE BUSfiNG.
....a .�YSTE4 ANO LOLOR SHALL MATCH THE E7(ISiiNG CQ4TINC SYSTEM CN THE 70WE12.
F, PNNTINC
o 1. E7CPCSm FEI{ROUS AfETP1 MJIS CALV/�NIZEO SiEEL:
1.01 SUMAIARY a.2PoMER: W,�SSER etC PREP BpAD, 3.0 4.0 iAILS DFf. THE OFT OF THE PRIMER AT fNY� P
�N�'10WL SPQT MEA5URMENT LOCAiION SHA1.L UE 3.0 1A�L<_ MINIMUM.
A.SECTION INCLUDES PAINfING AlX7 PAIMiNG REPMR WORK .ASSOCIh7ED WfTM� THE INSTALLATION OF ANTENNAS, COAXIAL 1• NUMBER� OF COATS: ONE�
2. DkY FllM 7HtqCNE55: 3A 4.0 MILS
GBLES, nND OTHER CCMAqN COYPbN�lTS WITN DIRECT ATfACHMEN' TD WA7ER TANK FACILITIES. 3. COIOk:� n*r
1.02� REPERENCES b•�NTERMEDNTE WASSER��MC F_FtROX B', 3A. 4,0 MILS OfT. THE OFf OF THE �RIM72 PLWS
IN7ERAImtSTE CWT AT ANY INDM170UA1. SaDT MEASUitMENT LOCATION SFINl
8E 8.0 MILS.
ASOCIEfY FOR PROTECTIVE COATINCS (SSPC): ftww.!��iie��.ore 1. NUMBER�OF COAiS: ONE
1.VOLUME i; COOD PALVTYNG PRACTICE 2, pRY� FlLA1 ?HIEKNE55: 3.0 4.0 MRS
I.VOLUME 2: SYSTEI45 ANO SPEdFlGT10NS 3. CbLOR: hy�i.00• p
1.03 SUBMITTAtu c:FrtlISH: WASSER M.G lUSTER. 2.5 J.S� MILS OfY. THE DF'f OF THE THREE COA7 SYSTEM
5NJ11 BE 8.5 MI! 5- 11.5 MNS� M'lfFl iW hVEAAGE OF 10.0 MIS. iHE MINIMUM
OFf��OF 7HE 'HREE EOAT SYSREIA� AT ANY INDMnUAL SPOT MEASURMFNT LOCA 1
k� A.PRpDUCT DATA SHALL BE B 3 MILS.
1.SU9MR MTA SHEEf FOR EACH COATING �5YSiEM.
1. NUlABER OF COA75: ONE.
PBflT aRbpllC?5 2. OR! Fl:IA T}M KkE35: 25 3.5 A!ILS
F CaIQR:
I 2�.01 MA7ERW.S 2 ANTENNA��
o.PRIMEfr� SHERWIN WILL.WAS PttO-CR7L PRINER
t. NtAABER. COATS�� ONE
0.WWUFACfURERS 2. ORY FlUA Tfll KNESS: 20 4.0 MIL4
1.5HERWIN WILLUMS CtlMPANY: y�tC,thAfw'tn-.ilflams b.FlNLSH: SF�RWIN WiWAMS SHER-CftYL HVA
2.WASSER CORPORATION:� �K,�yeacere tt p�.e 1: NUfABER OF COA15. hNE 4 I
J.X-1-M PRODUCTS: ewvn.(m6ender.eem 2. ORY F1UA P.qCN71ES5: 2.5 4.0 MfLS
p�gr 1 cvcrvmroa 3.���COLOft jry evner
3. COAXUL CABLE
a.PRFPAW�iION:
�:Oi E%PMiNA?iCNI 1. SOLVENT CLEAN WITFi XpA GON CLFIWER OR XYLENE. t.
bPRIMER; %-1-Y 2137
A WSUA(.!Y EVPLWTE� SURFACE PR PARATION BY COAIPPR(SON MTH PICfORtnL STANDAHDS�CF SSPG�-N5-1-89. t. NUMBFR OF CqATS: ONE
t. DRY Fll4 7NICKNE55: 2:0 3A� 4tt5
J�.02 PReTARA1WN cFlNISN: SHERJ/IN WIlL1PMS SHER-CRri HPA
1. NtIMBER� OF COATS: ONE
0. REMOVE N1 SURFPtE CBMAMIYATES tN ACCORpANCE WITIi SSPC-SP1 SOLVEM CLFANINC. 2. ORY FlL61 T{{�� Z.S 4.0 MILS
t•DO NOT USE IA'DROCARBON SOIVENTS ON SURFACES TO BE CQ4TED WfIH WATER-B�SEO CMIINGS COLOR: pYyy� 5 �i
B. CIEA.^� M1D REMOVE ALL RUST. SLAG. WEI.D SPIATTfR. WELD �p.9S, MILL SCME, M!D 1005E PNM. J.Q4 OUALJtt CONtROL
C• PR�TEC� ARFAS ADAACEM TO WELDING Nd0 OR GMNOMC OPERATIONS TO PREVEN:' WfMGE OF �SURROUNpINC
A MFASUR=�ORY �t1.At THICKNE55 WITH A MAGNEfIC FRAI
0. fERNOJS k1E7AL: SSf'C-Si'-16� HEAR WHffE lAcfU.. Btp$T, TH�CKN�'SS GNGE iN ACCORGNCE WIiH SSPC-PA2.
B. VISU�LLY INSPECT CRIEU FM.M FOR FUNS, SqCS�, CRY SPRAY,
F. AMENNA COVERS. COA%W. G$LE, NtlN-AIEULIC SUBSTRATES ANU PFte/fOUSLY PNNF� SURFAGES: SGA'nIFY TO OVERSPRAY, EMBE�OEO� PAR71CLE5 k4D 1AISSE� MEAS.
DE-GLOSS. SSPC-SP1 WRN A NON-FiYOROGJtBON SOIVENT. C. REPAI� OEFECTNE OR ORMAGED A�Ju° �N ACCORD0.MCE WrtH
4. SURFACE PROFtIE SWJl BE MI ACCORDAPJCE MRIi �W,NUFACTUREft'S PRODUCT REC61.1A1ERpATIpN. ARTICI.ES 3.62 AND 3A3.
H. RE-BUST AI.L SURPACES:
1.WNERE RUSiIN�i HIVS �REGURRED, I
2.TINT 00 NOT MEEf�THE REOUIR�i1ENiS 0� 1H6E SP'cCIFiCA7WNS. TOWFR AT7AGH41ENT NOTES
3.OJ A7PUCATION /JJ
t. WHEN �WEL�RIG TO TOWFR CONTRACTpR TO PREPME SURFluCc OF TOWER TO 9E CQNSISTENT WiTH THOSE USEQ IN �I
A. COAT�NCS SHALL BE rPPLIEO. IN ACGOROANCE WRH feRNUFACTURFR'S PMMED INST�UCt10N5. �UAUTY TOWER REPN.Yf WORK. CANTRACTpR TO�. TWLH UP WIT.�I OtiE PRIMER COAT OF WASSeR MC PREP BOND, ONE
B. SURFACES TO 6E COATEO� SHALI BE ClF_+7:, ORY, AN� FREE OF NR80RNE WST.WO COM�4INANTS�A? 7NE 7f1AE INTERME�IATE CDAT OF WASSER MC FERROX B AND ONE FlNISN CMT Of WASSER YC LUSfER, APPUEO.�FOR E7(TERIOR
OF APPLICAitON ANO WHILE FNA IS FORMING, CQ0.7MG REPAK2S;
C. FlNISH COAT SHALL BE UNIFOPA! IN COI..QR AND SHEEN WITFK3tlf STRFi1KS, lApS, RUNS, SACS OR� 1AISSE� MEAS.
0. SHOP PAINTING: TME-OFF jTWO-INCH 41WIMUM)� SURFACES 7HAT WILI BE IN iHE HEAT AFFECiED-iONE' WRING� 2.� IN PREPARATION FOR �IDING TO 7HE SURFACE �OF iHE WATCR TCWE72, �fHE CONTRACTOR, YVHEN GRMOM� THE
FlELD WELDING. SPOT WHERE TtIE �WELD WILL BE A7'fACFIEC, SWLLL PROTcCT TH'c AREA OUTSIOE OF 1HE GRINDING SPOT fROM HOl'
E. PAINTNG REOVIREMENfS SpUNTER;
F'Fl�7HER THE EDGES OF THE OOSTING COATIN�, AT 5P0T BllST%b hREAS, US{�:j,r, 5,5p�-SP-3 POWER TOOL
CtEANING MEIHODS.. 3. THE CO!lfRAC70R StW.L USE THE SAME PROCEDURE OF SURFACE PREPARl,TiON THAT IS USED IN ANY WRD{N�
2. NO CWTINC SF4tLl 8E PERNITTEp WHEN THE REIATrYE HUMIOIIY IS IXPECTED TO E7(.CEED BSf. OR TEAIPERANRE OR ATTKMMQIi IAETHCD TC REPAIR ANY AFFECTED� lJtFAS �6F THE WATER TOWER OUE TO THE INSTALIATION OF
I$ EXPECTEO t0 DROP BE! OW� 4b DEGRE6 WITHIN 8 HOURS AFTER TFtE MPt,iGTpN �OF T�iE COATING. PHOCEED ANfENN0.5 AN� CQN( CPLBES. SEE NOTE 1(ABOVE).
WRH SURFACE PREPAItATIDN AND COAFI!iG /$PLICATIpN ONLY WNEN NR ANU SURFACE TEMPERATURES ARE A9�VE
hiE AUNUFNCTURER�S RECOM4EtJbED IMNIMOM SURFACE TEMPERASURE IN DECREES� F M70 BEIfl'N 16J OECREES F, �TO PREVENt AGP1NSf CCRROSION ANO RUST AU. MISCE:.LMlE0U5 METN. }NTENNq MWNTING BRACNET ASSEMBLIES
AND SURFACE TEMPEftAiURE IS AT LEIST 5 DEGRFES ADOVE WET Bl;LB AIR iENPERAIURE REFDINC. �COATNC SHALL ANO COAX GABIE� Ai7il.^,lil)ENTS ARE TO 6E� Hi7T� �IPPEO GµYAN2ED OR� STIINLESS SE'eL
NOT BE �P%.I"cD TO DUSiY, WET, Oft DAAep SURFACf3, }hD SFNL_ NOT BE PP?UEO W RAIN, SNOW, FOG, OR �M!Sf.
IF WCRIQNC CONQrI0N5 ME QUESTIONABIE, THE ENGYJEER SFW.L MAKE TNE DEC!SION ANO THE CONTRACfOR 3�. MATERUI qRECTLY ATACHED TO 'ANN ��SSIRFACE TO BE SNN06lA5fED (FERROUS METAL• SSPC-SP-tO NEAR YaHfE
SHALL ALGEPi iHE ENCINEER'S MTERPREiATICN AS f":NAL qN0 BINfiL�JG. METAI BUS» PRIMEO AND PAINTED PPoQR i0 INSTAI.LATION (5� NGTE i),
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City Council Agenda Item No. 11e
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
DATE: August 21, 2008
SUBJECT: Amend 2008 City Council Meeting Schedule
Recommendation:
I recommend that the City Council consider amending the 2008 City Council Meeting Schedule
to add a Work Session on Monday, September 15, 2008, at 6:30 p.m. to meet in the City Hall
Council/Commission Conference Room with the Financial Commission for budget overview and
process review.
Background:
At its August 18, 2008, Budget Work Session, it was consensus of the Council to add a Work
Session with the Financial Commission to continue review of the budget.
Budget Issues:
There are no budget issues to consider.
City Council Agenda Item No. llf
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk �������°"t-
DATE: August 19, 2008
SUBJECT: Hearing for ponald and Karen Nieken Regarding Rental Property Located at
4204 Lakebreeze Avenue North
Recommendation:
It is recommended that the City Council consider revocation, suspension, or non renewal of a
rental license for failure to operate or maintain the licensed premises in conformity with all
applicable state laws and codes and the City Code or Ordinances and any other violation of
Chapter 12.
Background:
The property located at 4204 Lakebreeze Avenue North is an apartment complex (1 building
with 4 units).
City and County records indicate owners as Donald and Karen Nieken
August 4, 2005 Donald Nieken applied for initial rental dwelling license
January 9, 2006 license was issued
June 25, 2007 renewal application was received
September 28, 2007 letter mailed to notify Donald Nieken of past due utilities
October 1, 2007 Donald Nieken paid utilities in full
October 8, 2007 license was issued
June 18, 2008 City Assessor notified that there were past due taxes (2nd half 2007 and
lst half 2008 in an amount of $6,538.23)
June 20, 2008 letter mailed to notify Donald Nieken of past due property taxes
Date Unknown Mr. Nieken stops by City Hall and indicates to me that he will pay taxes
by July 15, 2008
July 27, 2008 notified City Prosecutor that property taxes had not been paid
July 27, 2008 Utility Billing Technician notified that there were past due utility
payments ($806.04; balance had not been paid in full since October 2007)
August 4, 2008 City Prosecutor mails letter and notice of proposed license action
To date utilities and t�es are not paid
Attached are copies of all correspondence related to this hearing.
Budget Issues:
There are no budget issues to consider.
Report Na�wners Print�/19/2008
Ci of Bro�kl n Center
y Page: 1
Owner Report
10-11&21-32-0053 4204 Lakebreeze Ave
Owner
Owner Name �wner Address Citv/State/Zin Owner Taxpaver Resident Ch¢ Date
Current Owner(s)
Donald Nieken PO Box 22704 Robbinsdale MN 55422 y y N 07/27/2005
Karen Nieken PO Box 22704 Robbinsdale MN 55422 y y N 07/27/2005
Previous Owner(s)
Thinh Pham 14440 Sumter Ave Savage MN 55378 y y N 11/03/2003
Kathy T Nguyen No Owner Address on File Y Y N OS/23/2000
Long T Lam No Owner Address on File Y Y N OS/23/2000
Thinh Pham No Owner Address on File Y Y N OS/23/2000
Jason E Johnson No Owner Address on File y Y N 10/30/1998
Richard &Elizabeth Schurman No Owner Address on File y Y N O1/03/1990
James D Anderson No Owner Address on File Y Y N O1/18/1983 I
James D& Shirley Anderson No Owner Address on File Y Y N O1/18/1983
Warren Samuelson No Owner Address on File Y Y Y O1/01/1800
Wayne E Rowley No Owner Address on File Y Y Y O1/O1/1800
Hennepin County Property Information Page 1 of 1
���n����
HENNEPIN COUNTY TREASURER
A600 Government Center
Minneapolis MN 55487- 0060
Property Tax Information
The Hennepin County Properry Tax web database is updated
daily (Monday Friday) at approximately 9:15 p. m. (CST)
Property ID No.: 10-118-21-32-0053 NON HOMESTEAD
Property Address: 4204 LAKEBREEZE AVE N �BROOKI:,YN CEN'I'ER
Owner Name: D J NIEKEN K M NIEKEN
Taxpayer Name and Address: DONALD KAREN NIEKEN
P O BOX 22704
ROBBINSDALE MN 55422
2008 TAXES TAX PENALTY TOTALS
1 st Half Tax (Due Date May 15th) $3,128.34
2nd Half Tax (Due Date October 15th) $3,12834
Penalty $312.83
Total Payable $6,256.68 $312.83 $6,569.51
Net Paid YEAR TO DATE $0.00 $0.00 $0.00
Total Due $6,256.68 $312.83 $6,569.51
Property ID No.: 10-118-21-32- lst Half Tax Due through 09/O1/2008 $3,441.17
0053
Note: If you are using this page in 2nd Half Tax Due through 10/15/2008 $3,128.34
lieu of Hennepin County payment
stub to remit payment; after printing
the page, please check the box in
front of the payment amount that you Total Due 2008 Tax $6,569.51
are remitting.
Property has prior year delin+quent taxes. Call (612} 348-3011 for amount due.
1
1�11��'13�t1�5,�
https://wwwl6.co.hennepin.mn.us/taxpayments/taxesdue.jsp?pid=1011821320053 08/17/2008
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City use �niy
Crty af �3rooklyn Cen�er No.�4�s�
1�' f 6301 �hingle Creek Pkwy che�kNo.
Brooklyn Center, MN 554�0 Ref No
Phone: 763-569-3300 F�: 763-569-3494 License Fee �5C
Aate Rec: �7" '(i
�299 S�eree� �Apt Dir �.A�NI T:.ist Tnsp Date: ;'1 C� D
,i' Utilities �k 1% Ta�ces �k Dat� to ce: r�
.I2ental Dwellin License li ation
g pp
Rental Dwelling Biennial Fee Schedule: Licenses aze issued for two years.
Single Family: $375.00 Single Famity
Two Family: $450.00 bath unitsf $375.00 one unit Two Family Unit(s)
Multiple Family: $155/building plus $13/unit Multi Family U Bldgs �Units
TO THE HONORABLE CITY COIJNCIL: Date: C? 1 a�\
Address(es) of Dwelling(s): �i ���e r� �e-
P.I.D. No. (all parcels) �J
Nanne of Dwelling or Complex:
Complete Name, Address, Telephone Number, and Birthdate of Each Owner. A company or corporate name is
not acceptable. Refer to Sectian 12r901 1�903. Use additional sheets if necessary. Information is collected to
determine eligibility for license. Failure to grovide informatian requested may result in denial of application.
Name: P !v 0�
Last First Midd[e
Address: ��-t a Q e e��� E e.. �ea e.
e n �s c� a �5� Z,
City State Zip Code
Phane No. Cell No. C�' a �n Date of Sirth Q
Nam.e, Address and Telephone Number of Vendor if property is being sold through contract for deed:
The undersigned hereby applies for a rental dwelling license and acknowledges receipt of a copy of City Ordinance
Sections 12-101 through 12-1401; acirnowledges the provisions of the Building Maintenance and Occupancy Ordinance
have been reviewed; and attests the subject premises will be operated and maintained according to the requirements
contained therein, subject to applicable sanctions and penalties. The undersigned further agrees the subject premises may
be urspected by the compliance official as provided in Section 12-1001 of said Ordinance.
I, '�.?�R��F'�.� being fust duly swom, upon his/her oath deposes and says that he/she is the person
who has executed the foregoing application and that the statements made herein aze true of his/her own knowledge and
belief.
�a u�r�nv�a�e�*
R�BEC�� 5. CRASS
Notarized Signature of Owner �l 4 l -'►���so�'A
�/L �s s�. zo�u
Subscribed and sworn to before me this day of ����L� 20
i" 3 }D /L�
Natary Public Signature /_,k���'f� �i ��l L�-'-�-� My Commission Expires
rn__,. �i
Number, Type, and Size of Dwelli.ng Units:
A. Single Fanuly Sq. Ft. Living Area; Bedrooms
B. Two Family (Dupiex) Sq. Ft. Living ArealUnit; Bedraoms
C. Townhouse (r� Sq. Ft. Living Area/Unit; Bedrooms
D. Multiple Dwellings Number of dwelling buildings
Efficiency Units Sq. Ft./CJnit
1 Bedroam Units (a� Sq. Ft./Unit
2 Bedroom Units Sq. Ft./Unit
3 Bedroom Units Sq. Ft./Unit
4 Bedroom Units Sq. Ft./Unit
I Total Dwelling LTnits in Multiple Dwellings
Describe procedure through which tenant inquiries and complaints are to be processed. Include name,
address, and telephone number of the management company and/or caretaker/manager on the nremi.ses.
(Notify the City of any changes):
Name:
Adctress:
Phone:
Name, Address, Telephone Number and Notarized Signature of Resident A�ent (required if owner lives
outside 7 county metro area; refer to Ordinance Section 12-904):
Name:
Address:
i
Ci State Zi Code:
tY P
Telephone Nwnber: Cell 1
Notarized Signature of Resident Agent
5ubscribed and sworn to before me f.his day of 20
Notary Public Signature
County My Commission expires
Notice to Applicants:
A. The compliance official must be notified in writing within five business davs of any transfer of legal
control and ownership.
B. Owners of mulriple dwellings must post the license or certificate thereof (Section 12-90'n and must
maintain an occupancy register (Section 12-909).
C. Copies of the Building Mai.ntenance and Occupancy Ordinance are available from the City. Owners,
agents and managers should be familiar with its provisions.
uispection of pour rental property is required prior to the license being approved by the City Council.
Upon mailing you application and fee to the City, please contact the Community Development
Department (763-569-3330) to schedule the inspection. Inspections are scheduled Monday thru Friday
Between 9:00 a.m. 12:00 p.m. between 1:40 4:OQ p.m.
[Page 2J
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'�"f ofi�the, required.fee Lice'nse.is hereby
re tated
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<—G/. G� �l�CJ�'IQ�dYL "NOT fiRA�TSFER�23LE
���j '•L�a�or ,C:�.ty Clerk'�s Office En NQT VALID ,UNLESS COI3�TTERS�GNED
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CiJT' �E
City Of Brooklyn Center Receipt for License: 01003042
Expiration: 08/31/2009
License Descriotion Tvae Units Fee
Multi Family Minimum Prim 1 $450.00
Primary Units: 1
Total: $450.00
Secondary Units: 4
Complex Name:
Licensed Location: 4204 Lakebreeze Ave
Mail To:
Donald J. Nieken
4400 Josephine Lane
R�bbinsdale MN 55422
APPLICATION FOR LICENSE RENEWAL LicenseNbr. 01003042
City of Brooklyn Center Applicant 2004
6301 Shingle Creek Parkway C'I� f'
Brooklyn Center MN 55430 7 T
763-569-3344 BRQQ��j 1 r
INSTRUCTIONS:
C �i1 To renew Iicense(s): make any necessary
corrections, sign form and return to
theCity of Brooklyn Center, along with
Donald J. Nieken the license fees by 05/3U2007. Make
4400 JoSephine Lane check payable to: City of Brooklyn
Robbinsdale MN 55422 Center.
License Expires 08/31/20Q9
RENTAL LICENSE
Issued To: Donald J. Nieken Descriotion Fee Tv�e Lic Units Amount
Complex: Multi Family A�finimur!� Prim 1 $450.00
Address: 4204 Lakebreeze Ave N Total: $450.00
Phone: (763) 971
Complex:
License Location: 4204 Lakebreeze Ave N
Resident Mgr.:
Phone:
Caretaker:
Phone:
PID: 10-118-21-32-0053
Primary Units: 1 Secondary Units: 4
"1 wi[! schedu[e a renial license inspection and ncrve submitied the necessary fees iv tne �iry cf vroDiuyn Cenier crs requirEd by £he City
Ordinances and have complied with all the requirements necessary fow obtaining this license. I certify that the information provided is
accurate and complete to the best cf my knowledge. I therefore make application to operate a rental dwelling license subject to all conditions
and provisions ¢'said Ordinances." Information collected to determine eligibility for license. Failure to provide information requested may
resuit in denial of license.
s�-�' y
S�nature of Applicant
City Use On[y: Date Rec.:
Acct Na 4Z05 Insp. Date:
Check No.
R�� CC Date:
CITY OF BROOKLYN CENTER
Cash Receipt
Receipt Date 6/25/2007
�eceipt Number 37555
DON NIEKEN
RENTAL LICENSE
10100-4205 450.00
.RENTAL LICENSE
Total Receipt Amount 450.00
107987 14:41:40
l
�'it�r of 1��ooklyn C`e�te�
A Millennium Comnzunity
September 28, 2007
Donald Nieken
4400 Josephine Lane
Robbinsdale, MN 55422
RE: Rental Property Located at: 4204 Lakebreeze Ave
Dear Property Owner:
Section 12-901 of the Brooklyn Center Code of Ordinances states "prior to issuance or renewal
of a license and at a11 times during the license term, a license holder must be current on the
payment of all utility fees, taxes, and assessments due on the licensed property and any other
rental real property in the city owned by the license holder."
We have received a rental license application from you for the property listed above. City
records indicate that there are taxes and/or utilities owed far this property, or other property
owned by you in the city. Both taxes andlor utilities must be paid in full prior to the processing
of your rental license application.
This letter is to inform you that the license for this properly will not be issued until this is
resolved. Please submit payment to the City of Brooklyn Center within 10 days of the date of
this letter. Failure to do so may result in legal prosecution by the city and posting of the property
as unlicensed.
If a ment has been made, lease disregard this notice. Any questions regarding t�es may be
PY P
directed to Hennepin County at 612-348-3011 and questions regarding utilities may be directed
to the Utilities Department at 763-569-3390.
Sincerely,
C �1Yl.l,I.�.P Uk�K-�
U
Camille Worley
Deputy City Clerk
�6301 Shin le Creelz Parhwa Recre¢tio�a and Community Center Phone TDD Number
g y
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-33D0 FAX (763) 569-3434
FAX (763) 569-3494
w w w: cityo f b rooklyncenter. org
CITY OF BROOKLYN CENTER
Cash Receipt
Receipt Date 10/1/2007 t n
.eceipt Number 39806
j, A J n
J� JL �b
�t/ 1 (G d+G!
DON NIEKEN
4204 LAKEBREEZE AVE J.
60100-1210 383.17
WATER PAYMEI3T
Total Receipt Amount 383.17
122994 9:59:28
1
PAYABLE 2008 PROPERTY TAX INFORMATION
INQUIRY CODE ��0� PROPERTY ID =�8 2= �2 ����3 PSC C
DST 281 WTRSHD 8 SWR DST IFPROJ MUNIC 22 PLAT 89495 PARCEL 5110
MTG LOAN
ER D J NIEKEN K M NIEKEN MTG CO CODE R/S D/S 0
PROP ADDR 4204 LAKEBREEZE AVE N CONDMN
TAXPAY N/A DONALD KAREN NIEKEN
O1/31/2007 P 0 BOX 22704 FORM M-1PR LN 1 .00
ROBBINSDALE MN 55422 MKT VALUE TAX 639.33
STATE GEN TAX .00
GROSS TAX 11,763.34 IMPROV AM1
STATE AID 5,566.06 EST MV 375,000 QUAL IMPROV
HMSTD CR .00 HMSTD CD N AG P/S
TAXABLE MV 375,000 OVER 10 ACRE
NET TC 4,688 320 ACRE LIMIT
NET TAX 6,197.28
SOLID WASTE FEE 59.40 DEF SPECIAL 1ST YR
SPECIALS .00 BANKRUPTCY
TOTAL TAX 6,256.68 TARGETED AREA
NET TAX PAID .00 LAST PMT DATE
CJ F/L CJ/CONTRACT NO FD AREA TC 00
EARLIEST DELQ YR 2007 FD AREA TAX .00
DIV PENDING TAX ADJ PEND SPEC ADJ PEND LOCAL TC 00
PFR PENDING PFR DATE PFR LOCAL TX 5,557.95
INQUIRY CODE ?i;� DELINQUENT TAX AND STATEMENT REQUEST PAGE 1
PID __�.8 �2 �;C;r:� MUNIC 22 PLAT 89495 PARCEL 5110 DIST PAID IN FULL
ORD STATUS JUDGEMENT TAKEN DELINQ TAX ALSO PSC CURRENT
�EST CD
YR PAY AD VALOREM SPECIALS PENALTY COST INTEREST TOTAL PFR
2007 3326.03 465.64 10.00 253.43 4,055.10
DATE TO CALCULATE INTEREST THROUGH 08 05 08 TOTAZ 4,055.10
OWNER NAME D J NIEKEN K M NIEKEN
TAXPAYER NAME DONALD KAREN NIEKEN ADD INDICATOR (Y)
ADDRESS P 0 BOX 22704 PARTIAL PYMT INDICATOR? NO
ROBBINSDALE MN 55422 PARTIAL PYMT AMT
INQUIRY CODE TAXES OR AMOUNTS PAYABLE PAID OR SETTLED PAGE Ol
PID �._��S 2= G��S? MUNIC 22 PLAT E;��=�5 PARCEL 5110 DIST PAID IN FULL
ORD STATUS JUDGEMENT TAREN DELINQ TAX ALSO PSC CURRENT
FEES/COSTS PAYABLE PAID/SETTLED
PUBLICATION COSTS 10.00 .00
TOTAZ 10.00 .00
TAX YR AMOUNTS
2007 AD VALOREM SR1 6,652.06 3,326.03
PENALTY 465.64 .00
INTEREST .00 .00
TOTAL 7,117.70 3,326.03
2006 AD VALOREM SRl 6,943.24 6,943.24
PENALTY 833.19 833.19
INTEREST 32.98 32.98
TOTAL 7,809.41 7,809.41
2003 AD VALOREM SRl 791.91 791.91
SR2 3,634.35 3,634.35
2003 SPECIALS SROl 599.16 599.16
SR02 290.02 290.02
PENALTY .00 .00
INTEREST .00 .00
TOTAL 5,315.44 5,315.44
City of Brooklyn Cente�
A Millennium Community
June 20, 2008
Donald J. Nieken
4400 Josephine Lane
Robbinsdale, MN 55422
RE: Rental Property Located at: 4204 Lakebreeze Ave, Brooklyn Center
Dear Property Owner:
Section 12-901 of the Brooklyn Center Code of Ordinances states "prior to issuance or renewal
e older must be current on the
of a license and at all times during the license term, a licens h
e an
d an other
a ment of all utili fees t.a�es and assessments due on the licensed prop rty y
PY
�3'
rental real property in the city owned by the license holder.
City records indicate that there are taxes owed for this property. Property taxes must be paid in
full to retain a rental dwelling license.
Please submit payment for taxes to Hennepin County Service Cenier, 6125 Shingle Creek
Parkway, Brooklyn Center, within 1Q days of the date of this letter. Fa.ilure to keep current on
the payment of all utility fees, taxes, and assessments due on the rental property will result in
legal prosecution by the City.
If payment has been made, please disregard this notice, as I will consult with the City Assessor
after your due date. Any questions regarding taxes may be directed to Hennepin County at 612-
348-301 l.
Sincerely,
I
Sharon Knutson, MMC
City Clerk
�6301 Shingle Creeh Parkway Recreation and Community Center Phone TDD Number
763 569-3400
Brooklyn Center, MN
5543D-2199
City Hdll TDD Number (763) 569-3300 FAX {763) 569-3434
F'AX (763) 569-3494
w w w. cityo fb rooklyncenter. org
Created Date/Time: 08/05/2008 08:42:03 AM
i Customer Number: 00036863
Account Number: 0060650006
Service Address: 4204 LAKEBREEZE AVE
Mailing Address
DON NIEKEN
PO BOX 22704
ROBBINSDALE MN 55422-0704
Customer/Account Transaction History
Trans Date Transaction Amount Balance
07/03/2008 0:00 Certification Storm Drainage $83.81 $806.04
07/03l2008 0:00 Certification Storm Drainage ($83.81) $722.23
07/03/2008 0:00 Certification Sewer $386.37 $806.04
07/03/2008 0:00 Certification Sewer ($386.37) $419.67
07/03/2008 0:00 Certification Water $163.57 $806.04
07/03/2008 0:00 Certification Water ($163.57) $642.47
07/03/2008 0:00 Certification Street Light $32.19 $806.04
07/03J2008 0:00 Certification Street Light ($32.19) $773.85
07/03/2008 0:00 Certification Recycling $66.82 $806.04
07/03/2008 0:00 Certification Recycling ($66.82) $739.22
07/02/2008 0:00 Penalties Water $16.36 $806.04
07/02/2008 0:00 Penalties Street Light $3.22 $789.68
07/02/2008 0:00 Penalties Sewer $38.64 $786.46
07/02/2008 0:00 Penalties Recycling $6.68 $747.82
07/02/2008 0:00 Penalties Storm Drainage $8.38 $741.14
05/28/2008 0:00 Cycle Billing Due: 06/25/2008 $28922 $732.76
05/28/2008 0:00 Estimation Fee $35.00 $443.54
04/02/2008 0:00 Penalties Water $8.85 $408.54
04/02/2008 0:00 Penalties Street Light $1.60 $399.69
04/02/2008 0:00 Penalties Sewer $19.21 $398.09
04/02/2008 0:00 Penalties Recycling $3.32 $378.88
04/02/2008 0:00 Penalties Storm Drainage $4.16 $375.56
03/11/2008 0:00 Certification Street Write Off ($13.92) $371.40
03/11/2008 0:00 Certification Recycle WriteOff ($29.40) $385.32
03/11/2008 0:00 Certification Storm Write-Off ($35.47) $414.72
03/11/2008 0:00 Certification Sewer Write-Off ($170.76) $450.19
03/11/2008 0:00 Certification Water Write-Off ($102.22) $620.95
02/27/2008 0:00 Cycle Billing Due: 03/26/2008 $304.22 $723.17
02/27/2008 0:00 Estimation Fee $35.00 $418.95
02/08/2008 0:00 Certification Admin Fee $30.00 $383.95
01/18/2008 0:00 Certification Street Light $13.92 $353.95
01/18/2008 0:00 Certification Street Light ($13.92) $340.03
01/18/2008 0:00 Certification Recycling $29.40 $353.95
01/18/2008 0:00 Certification Recycling ($29.40) $324.55
01/18/2008 0:00 Certification Storm Drainage $35.47 $353.95
01/18/2008 0:00 Certification Storm Drainage ($35.47) $318.48
01/18/2008 0.00 Certification Sewer $170.76 $353.95
01/18/2008 0:00 Cer�ification Sewer ($170.76) $183.19
01/18/2008 0.00 Certification Water $7222 $353.95
01/18/2008 0:00 Certification Water ($7222) $281.73
01 /02I2008 0:00 Penalties Water $7.22 $353.95
01/02/2008 0:00 Penalties Street Light $1.39 $346.73
01/02/2008 0:00 Penalties Sewer $17.08 $345.34
01/02/2008 0:00 Penalties Recycling $2.94 $328.26
01l02/2008 0:00 Penalties Storm Drainage $3.55 $325.32
11/28/2007 0:00 Cycle Billing Due: 12/26/2007 $294.77 $321.77
11/28/2007 0:00 Estimation Fee $27.00 $27.00
10/01/2007 0:00 Converted Payment Code ($383.17) $0.00
08/29/2007 0:00 Converted Billing Code $383.17 $383.17
06/25/2007 0:00 Converted Payment Code ($279.30) $0.00
05/30/2007 0:00 Converted Billing Code $279.30 $279.30
04/24/2007 0:00 Converted Payment Code ($322.94) $0.00
02/28/2007 0:00 Converted Billing Code $29.36 $322.94
02/28/2007 0:00 Converted Billing Code $293.58 $293.58
02/07/2007 0:00 Converted Payment Code ($309.64) $0.00
11/29/2006 0:00 Converted Billing Code $28.15 $309.64
11/29/2006 0:00 Converted Billing Code $281.49 $281.49
10/02/2006 0:00 Converted Payment Code ($350.31) $0.00
08/30/2006 0:00 Converted Billing Code $350.31 $350.31
08/07/2006 0:00 Converted Payment Code ($667.10) $0.00
05/31/2006 0:00 Converted Billing Code $60.65 $667.10
05/3112006 0:00 Converted Bilfing Code $311.46 $606.45
03/01/2006 0:00 Converted Billing Code $26.82 $294.99
03/01I20d6 0:00 Converted Billing Code $268.17 $268.17
12/21/2005 0:00 Converted Payment Code ($503.74) $0.00
11/30/2005 0:00 Converted Billing Code $248.32 $503.74
08/31/2005 0:00 Converted Billing Code $23.22 $255.42
08/31/2005 0:00 Converted Billing Code $232.20 $232.20
4 August 2008
By Certified Mail and
U.S. Mail
Donald and Karen Nieken
4400 Josephine Lane
Robbinsdale, Minnesota 55422
RE: Notice of proposed license action
Dear Sir,
Enclosed herewith and served upon you is a notice of proposed action against
your rental license for that premises known as ���+all��n• Sho� b2
a0�f La�ebree�e Av�C I�
The only exception to an action based upon failure to pay real property taxes
in a timely manner is a lawsuit maintained by you challenging the amount and/or
validity of the tax. You must make an application to the Council for relief, if such
a lawsuit is pending.
You are further advised that an action against the license is not the sole or
exclusive remedy available to the City and the City reserves the right for further
civil and criminal proceedings.
Sincerely,
CARSON, CLELLAND SCHREDER
William G. Clelland
Prosecuting Attorney
cc City Manager,
LeFevere
NOTICE OF PROPOSED LICENSE ACTION
You are hereby notified, pursuant to Section 12-910 of the ordinances of the
City of Brooklyn Center, that a heaxing before the City Council shall be held on the
25 day of August 2008 at 7:00 pm o'clock at the Brooklyn Center City Hall,
6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, at which time
the City Council shall consider the revocation, suspension or non renewal of the
rental license held by Donald Nieken and Karen Nieken for that apartment
complex located at 4204 Lakebreeze Avenue N., Brooklyn Center, Minnesota.
The grounds for this license action is the failure of the licensee to pay the
ear 2008 real ro erty taxes, now due and overdue in the amount of $6,538.23 and
Y P P
failure to pay city-provided utilities now due in the total amount of $806.04.
Section 12-901 subd 4 provides that as a condition of acquiring a rental license and
maintaining a rental license, the licensee must be current on payments for all
assessments, taxes and utilities. Section 12-910 provides for the revocation,
suspension or non renewal of a rental license for, inter alia, failure to operate or
maintain the license premises in conformity with all applicable state laws and codes
and the City Code or Ordinances and any other violation of Chapter 12.
Work Session Agenda
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
August 25, 2008
Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M.
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.
ACTIVE DISCUSSION ITEMS
1. Webcasting Presentation
2. Security Service at Convenience Stores Councilmember Ryan
3. Automatic Meter Reading Replacement System
4. Vacant Property Ordinance Review
Pending List for Future Work Sessions
l. City Manager Performance Review Process
2. Shingle Creek Waterway Plan Update
3. Adult Entertainment Establishments
4. Rental Housing Plan Update
5. Three Rivers Park District Plan
6. TIF Districts Update City Manager
7. 2011 Brooklyn Center Celebration Status Report
Work Session Agenda Item No. 1
r
MEMORANDUM COUNCIL WORK SESSION
DATE: August 25, 2008
TO: Curt Boganey, City Manager
FROM: Patty Hartwig, IT D ctor
Vickie Schleuning,��l�sistant to the City Manager
SUBJECT: Update regarding Webcasting of City Council Meetings
COUNCIL ACTION REQUIRED
This update is being provided for informational purposes and will include a short
demonstration of webcasting (webstreaming) as a media solution.
BACKGROUND
Beginning September 8, 2008, the City Council meetings �will be broadcasted "live" through
the Web. In addition, an archive of City Council meetings will be available for one year,
starting to accrue September 8, 2008. City sta.ff has been working with the Northwest
Suburbs Cable Communications Commission (NWSCCC) and its member cities in acquiring
a contract with Granicus, Inc., a leading provider of webcasting solutions to local government
agencies. A contract was signed mid-May 2008. Brooklyn Center and Crystal have been the
first cities in the NWSCCC to implement this technology.
Benefits
BQth internal and external benefits are expected with the webcasting of City Council
meetings. The City will be able to reduce costs of responding to incoming requests for City
Council meeting information, while providing website visitors a quick tuniaround tixne for
information and 24x7 access. Webcasting is an alternative method to disseminate information
to residents, properiy owners and business operators who cannot attend the meetings. Through
web technology, we are finding cost-effective methods to get critical information to the public
and improve customer service in a time of fiscal conshaint.
Use
A link will be provided on the city website that will take visitors to the NWSCCC web site
that will serve as the portal for viewers to access the meeting content for each city. Window
MediaTM Player will be required to view the meetings over an Internet connection. The
meetings will be searchable by agenda item. The system is designed to be comprehensive and
user-friendly.
COUNCIL POLICY ISSUES
The webstreaming media solution addresses the City Council goals of continuing to
provide quality services with limited resources, streamlining services, and increasmg
communications with the public.
Work Session Agenda Item No. 2
MEMORANDUM COUNCIL WORK SESSION
DATE: August 25, 2008
TO: Brooklyn Center City Council
FROM: Curt per Council Member Dan Ryan
SUBJECT: Super America Limiting hours of operation or requiring security
COUNCfL ACTION REQUIRED
Council direction regarding the development of an ordinance limiting the hour of
convenience store operations or the requirement of security guards is requested.
BACKGROUND
I have attached an e-mail that sets forth the request of Councilmember Ryan to place an
item on the Council Agenda to discuss the possibility of an ordinance to regulate
businesses such as Super America to address the concerns of loitering, on premised
drinking and other misbehavior on site.
The City does currently lack the authority to compel a change in operating hours or the
posting of security guards on the premises. I have asked the City to provide a legal
review of this matter at the meeting on Monday.
I have also attached an e-mail regarding recent actions by the Police Department to
address many of these same ongoing concerns. A representative of the Department will
be present at the meeting to answer any questions you have regarding these police efforts.
COUNCIL POLICY ISSUES
Is a new ordinance to regulate activities at the SA convenience store on 69�' and
Brooklyn Blvd. the preferred/required means to address the ongoing concerns existing at
this location?
What type of activities should such an ordinance regulate?
Curt Boganey
rom: Dan Ryan
nt: Sunday, July 20, 2008 8:53 PM
o: Curt Boganey
Subject: Super America at 69th Brooklyn Blvd
Hi Curt,
As you know there have been a lot of complaints from the residents closet to the 69th Brooklyn Blvd. Super
America Store. Chris Warner and the folks over on the 6900 block of Indiana Ave. No. have recently
complained to me about people loitering and drinking alcohol on the premises. They often feel that they are not
safe going into the store early evening hours. They mentioned that there had been an armed robbery there
recently.
They have asked me why it is that Super America has not placed a security guard at the store at least during
evening hours. Didn t S. A. make a commitment to bring in security at that store after all of the neighborhood
complaints? Does the city have the authority to require S.A. to do that or to limit their hours of operation?
If we lack the authority to require gas station/convenience stores to bring in security during late hours (or the
city will limit their hours of operation), then I would like a work session to bring this before the Council to gain
the support of the majority to consider a change in our Ordinance regulating these businesses.
Also, Could you send a brochure on the New Americans Academy.
Thank you,
Dan Ryan
City of Brooklyn Center Council Member
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
City Hall Phone 763-569-3300
City Hall Fax 763-569-3494
Dan Ryan Voicemai1763-569-3445
Dan Ryan Home 763-535-4177
councilmemberrvanna,ci.broolclvn-center.mn.us
www.citvof braoklmcenter.or�
i
Curt Boganey
om: Scott Bechthold
nt: Tuesday, August 12, 2008 5:28 PM
o: Tim Gannon; Becky Boie; Maria Nguyen; Tony Gruenig; Tom Boie; Brian Peters
Cc: Curt Boganey; 'maredicker@ssallc.com'
Subject: Super America Meeting August 12, 2008
All
Today we met with the regional manager, security director, two district managers and the individuaf store managers of
all three SA locations in Brooklyn Center. It was our goal to enter into a problem solving partnership with SA to address
the high calls for service at each property, as well as discuss the perception of crime and disorder at the Brooklyn Blvd
location. Although SA appeared to be genuinely concerned about addressing the problems, it was made clear that this
issue has caught the City Council's attention and there has been inquiries about drafting an ordinance to limit hours of
operation at 24 hour convenience stores. At the conclusion of our meeting, we agreed upon and will move forward with
the following action items
1. SA staff will conduct a top to bottom security review of all three properties. I would like Becky Boie to be the
contact person to receive this review and solicit additional comments from police department staff.
2. Cmdr. Gannon will work with Casey Jones, SA Security Director, on a SA funded directed patroi initiative.
3. Nate Pogorely, police analyst, will conduct a thorough analysis of each property to include: calls for service
(CFS); Part I Crimes; and, call types in order to formulate a base line for past and future comparisons. The
analysis shall also include a breakdown of CFS by hour and day of the week to help determine deployment of
directed patrols. Further, this information shall also be shared with SA management in order to aid in their
evaluation of the Wes-Tec monitoring system at the Hwy 252 location.
4. SA will conduct an employee performance audit at the Brooklyn Blvd. location to ensure accountability to SA
policy and procedures.
5. Becky Boie will update the residents around the Brooklyn Blvd. location and inform them we will be setting up
a neighborhood during the 2" week of September to discuss a shared action plan.
I will be scheduling a follow-up meeting with police department staff during the 1 week of September to review the
requested information. You will be notified of the date in the near future.
Thank you.
Chief
1
Work Session Agenda Item No. 3
i
MEMORANDUM COUNCIL WORK SESSION
DATE: August 21, 2008
TO: Brooklyn Center City Council
FROM: Curt B�r��y, City Manager
SUBJECT: Automatic Meter Reading System
COUNCIL ACTION REQUIRED
The purpose of the presentation on Monday is to provide a brief update regarding the
Automatic Meter Reading project and discuss specific policy decisions that will need to
be made to assure project success.
BACKGROUND
Acquisition of the subject system was approved as part of the 2009 CIP adopted by the
City Council. Bids will be received on September 11, 2008 and presented to the Council
for consideration on October 6, 2008.
If accepted, installation will commence not later than January and should take less than a
year to complete.
COUNCIL POLICY ISSUES
The principal policy issue yet to be determined by the City Council is whether or not
water will be shut of to those pxoperties failing to allow access for the required
conversion. Staff believes this authority may be critical in those few cases where access
is not allowed.
MEMORANDUM
DATE: August 7, 2008
TO: Curt Boganey, City Manager
FROM: Dave Peterson De u Director of Public Works
P tY d�l'
SUBJECT: Automated Meter Reading (AMR) Project
The following is a Project description and schedule for the AMR project:
Sco e of Work
P
Re lace a11 residential and commercial water meters in the City of Brooklyn Center with
P
new water meters and transmitters capable of being read by a drive-by radio system.
Why
To obtain accurate water meter readings every billing cycle without residential customers
having to send in meter reading cards.
To obtain accurate water meter readings every billing cycle on commercial accounts
without having to physically gain entry to each property every quarter.
Benefits
The City is only receiving approximately 70% of the reading cards compared to 90-95%
15 years aga
Reduces final meter reading appointments when people move in or out.
The drive-by radio reading system would eliminate estimated meter readings for
properties not sending in their reading cards.
Reduces utility maintenance time, labor and fuel trying to gain entrance to vacant homes
to read meter and service requests to verify meter reading because customer read meter
incorrectly or doesn't understand meter card.
Commercial and residential meters would all be read by one drive-by trip per district.
Driving down a single street reads meters on that street and 1 to 2 blocks on each side.
Reduces utility billing staff time by eliminating entry of reading cards, notices, estimated
bills, and service requests dealing with meter readings.
Inspection of up to 400 properties for sump pump illegal connections in high infiltration
areas:
Future benefit of change on residential sewer structure to bill based on consuxnption vs.
flat rate with timely accurate meter readings.
Would allow monthly billing of Commercial or Residential accounts.
Implementation
City Council work session August 25, 2008.
Open bids September 11, 2008.
Recommend award of bid at Council meeting October 6, 2008.
Start installation of ineters December 2008 or January, 2009. Independent contractor will
install meters, not City staff.
Change out a11 meters in one district at a time. Start billing district when meter change
out is complete. Estimate 90 days per district.
Notification and Appointment Scheduling. The Bidder whose proposal is chosen shall
prepare and submit to the City for review and approval, all proposed literature designed to
inform customers of the radio water meter replacement projects and for scheduling
installation appointments. Required literature includes a flier for circulation to all
accounts and a minimum of one written notification to all customers who do not respond
to the flier or other notification attempts. The written notice shall be considered as one
attempt to schedule the installation. Fliers shall include Notice of Installation, Meter
Project, Sump Pump Inspection information.
The City may distribute general information regarding the project to each account within
the meter district areas. The City's cable television may also be used to assist in
providing information on the project.
The City has numerous tenant occupied, owner owned, accounts located in their service
area and notification of both the owner and tenant will be required on these accounts.
The City also has numerous non-English speaking owners and tenants in their service
i area, therefore, written notification shall be prepared to include English, Spanish, and
Hmong.
The installing contractor shall have sole responsibility for making installation
appointments. Arrangements for installations shall be made in a courteous and
professional manner during reasonable hours.
At no time shall any installer threaten any resident with termination of service or any
other sanction for failure to consent to meter system conversion.
The insta.11ing contractor shall make a minimum of three attempts beyond the distribution
of a notification flier to schedule an installation before notifying the City that installation
cannot be accomplished. A minimum of one written notification must be provided to all
customers who do not respond to the flier or other notification attempts. The installing
contractor shall submit to the City written documentation describing the date, method and
other pertinent information regarding his attempts to schedule an installation.
The City may choose to perform the metering installation for accounts returned to the
City by the installing contractor due to inaccessibility or may schedule an appointment for
the installing contractor to perform the work. If the City provides the metering system
installation for such inaccessible accounts, the installing contractor shall receive no
payment for such installation.
Consultation with Customer. Prior to performing any part of the installation of the
radio water metering system, the installer sha11 consult with an adult member of the
household, advising him or her of the interruption of service and the necessity to mstall
the water metering system components. The consent of the customer must be obtained in
writing prior to initiating the meter installation work and conducing the sump
pump/footing drain inspection..
If ineter isn't installed after 3 documented attempts, it is our recommendation that the
City Council approve shutting off the water at the properties until access is obtained to
change meter. This is crucial to accomplishing our goal of automated meter reading at a11
properties.
Estimated Completion Date. October 30, 2009.
Operations
System will integrate with current LOGIS billing system.
v
emorandum
Date: 18 March 2008
To: Curt Boganey, City Manager
From: Daniel Jordet, Director of Fiscal Support Services
Re: Financing Automated Meter Reading (AMR) Purch s
The following assumptions are used to determine this financing scenario for the Automated
Meter Reading (AMR) proposaL•
Project cost will be between 2,700,000 and 3,100,000. This scenario assumes
the amount to be financed with bonds will be 3,000,000.
Cost of the project would be split equally between the Water Utility Fund and the
Sanitary Sewer Utility Fund.
Bonds issued to finance the cost would be general obligation backed utility revenue
bonds.
The project would begin in 2008, bonds would be sold in 2009 and the first bond
payment would be made in 2010.
The average interest rate for the bonds would be 5.50
The bonds would be issued for a ten year period.
Average annual debt service payments would be 398,003; half from the Water
Utility Fund, half from the Sanitary Sewer Utility Fund.
Using these assumptions, the Water Utility Fund would have to increase i�s rates by an
additional 1.00% to 1.50% per year for the ten years from 2010 through 2019. An increase
of 1.25% would translate to about $.10 per quarter for residential users at the minimum
billing of 7,000 gallons. A customer using 21,000 gallons per quarter would pay an
additional .31 per quarter.
The Sanitary Sewer Utility fund would have to increase its rates by an additional 0.75% to
1.00% per year for the ten year period from 2010 through 2019. Under the current sanitary
sewer flat fee rate structure a 1.00% increase would cost residential customers an additional
.63 per quarter.
Changes in the assumptions would likely have the following individual effects
A larger bond issue would increase the annual payments by 13,025 per year for
each additional 100,000 issued. A smaller bond issue would reduce the annual
payments by the same amount.
Increasing the bond life from 10 to 15 years would lower the annual average
payment to Z98,876 but would increase the total interest expense by about
457,000.
An increase of 0.50 in the interest rate would increase the average annual
payment by 7,740. A decrease of 0.50 in the interest rate would lower the
average annual payment by the same amount.
Work Session Agenda Item No. 4
MEMORANDUM COUNCIL WORK SESSION
DATE: August 25, 2008
TO: Curt Boganey, City Manager
FROM: Vickie Schleu.ning, �ssistant to the City Manager
SUBJECT: An Ordinance Amending the Regulation of Vacant Properties
Recommendation:
Staff is seeking feedback on a draft ordinance regaxding regulation of vacant properties.
Background
On April 28, 2008, the City Council provided feedback to staff regarding strategies to
address nuisance issues associated with foreclosed and vacant properties. Since that time
staff has gathered information in order to develop an ordinance to address associated
issues. A base of information has been compiled based on research, onsite investigations,
and results of implementing available remediation measures. An ordinance to address
vacant buildings is attached for your review and adoption.
An anal sis was conducted of the single family residential properties in order to identify
Y
the extent of vacant properties, evaluate the conditions, remediate health/life safety
hazards, provide resource projections and provide housing information to assist in
developing housing strategies. A report outlining the Vacant Building Analysis is
attached for your information. The information was compiled from Sune to August 2008.
Some key findings of the analysis include:
The vacant property situation is in fl� and vacancies alone are expected to be
high at least the next 3 years based on current foreclosure data. The status of the
property, ownership, responsible parties, and numbers can change daily. Some of
the properties were vacant for more than two years.
More than 190 vacant single family properties exist in the city.
Approximately 84% of the vacant properties had one or more code violations.
Significant city resources are already being expended to meet the minimum
standards for vacant properties, shifting resources from other program areas.
Early intervention with vacant properties helps to ensure minimum community
standards, while increasing citizen satisfaction.
Approximately 47 of the properties viewed from the exterior only were
considered outdated, had little curb appeal or had significant code violations.
Concentrated or cluster vacancies in a neighborhood have a significant impact to
the neighborhood, from a visual and emotional perspective of residents.
Page 1 of 19
The presence of vacant homes/foreclosures on a block is starting to impact the
sale prices of open market transactions. Some properties are being listed below or
near land value.
Although the city faces challenges with foreclosures and vacant properties,
opportunities for community revitalization and renewal exist.
Vacant properties, if not properly monitored and maintained, become nuisances and
I blight to neighborhoods. Foreclosed properties may be vacant for months or years,
becoming taxgets for vandalism, illegal dumping, health and safety hazards, and general
nuisances. Staff is also observing a trend where properties in pre-foreclosure stages are
also becoming nuisances due to lack of maintenance, and accumulation of junk and
debris. These properties are often not maintained in compliance with minimum standards
of city codes or fail to meet neighbor expectations.
In response to increasing concerns, the City has implemented actions to address and
minimize the negative impact to neighborhoods by responding promptly to unsecured
structures in accordance with standards set by Minnesota State Law and City Housing
Code. However, general nuisances (refuse, junk, abandoned vehicles and property, and
similar) are often difficult to bring into compliance with minimum codes, consume
significant amount of staff time and the amount of time to achieve compliance is often
not acceptable to residents.
Because of the higher rate of foreclosures and vacant properties being experienced in
Brooklyn Center, the potential impact to the neighborhoods and community is high,
which ultimately creates a greater need for higher levels of management of these
properties. Blighted properties reduce property values and set low expecta.tions for
community standards. Not only is this an important issue in retaining residents who take
care of their property, but it is important in setting community expectations and attracting
responsible home buyers.
The ordinance has been developed to address residential and commercial pro�erties.
Although the foreclosure issue has been a driving force in developing this proposed
ordinance, complaints and concerns about vacant properties have been reported to various
degrees beyond the foreclosure issue.
The following is an outline of the proposed ordinance xequirements.
1. Definitions.
a. Vacant building, responsible party and other code items are defined.
2. Registration of vacant property.
a. This requires a mortgagee or responsible party to register and provide
contact information to the city.
b. Exemptions registration such as fire damage repair, seasonal vacancies.
Some exceptions are included, such as those parties who routinely travel
to somewhere else during seasons.
Page 2 of 19
c. Registration fees are incorporated in order to help recover some of the
costs associated with monitoring and regulation of vacant buildings.
d. Recover costs by special assessment if unpaid.
e. Posting of permit with contact information on door.
3. Property Plan.
a. A property plan is required. The plan is intended to address issues of
significant monetary value, complex corrections required, or longevity of
vacancy.
b. Demolition of property may occur after 365 days if a plan is not approved.
4. Inspections.
The property must be made available for interior inspections upon request.
5. Posting notification for vacant properties about unauthorized entry and
illegal occupancy.
a. Provides explicit instructions regarding authorized personnel and
consequences of violation. Will aid the Police Department and city staff
in prosecuting vagrants and trespassers in efforts to reduce criminal
activities occurring in vacant buildings.
b. Aids property owners in establishing illegal occupants.
6. Loitering and criminal activities ezpressly not allowed.
7. Maintenance Standards
a. Standards and criteria for securing property. Architectural, artistic,
temporary securing
b. Fire Safety
c. Plumbing systems
d. Electrical
e. Lighting
f. Heating facilities
g. Termination of utilities. Criteria established prescribing when utilities
should be turned off, who is responsible, helps prevent significant damage
to property, and minimizes health and safety hazards. Ex. Water leaks,
gas leaks
h. Signage. Establishes standards to repair building when signs are removed.
Primarily applies to commercial properties.
i. Addresses police protection systems.
j. Explicitly states loitering and criminal activities prohibited. Responsible
party responsible for prohibiting and eliminating these activities.
k. Establish specific standards and performance criteria for property
maintenance for property owners.
a. Reducing grass and weed height from 8 inches to 6 inches to allow
earlier intervention for nuisances and promotes routine landscape
maintenance versus nuisance maintenance.
b. Address illegal dumping and other illegal activities occurring on
property
c. Address graffiti
d. Address accumulation and removal of garbage, refuse and junk such as
refrigerators with doors, batteries, chemicals, electrical hazards,
Page 3 of 19
unmaintained pools and water hazards (for vacant and occupied
properties)
e. Address hazardous structures
8. Egpressly stating violation to remove copper, bricks, appliances and similar
thefts.
a. Sets forth consequences of violations
9. Provide remediation process for vacant properties.
a. This includes having a continuous notice to reduce intervention and
correction time. This would include situations where multiple violations
occur regarding illegal activities, property is not secured, illegal dumping
and similar.
10. Provides standards and city-facilitated abatement authority so immediate
health and life safety hazards and obvious eyesores can be corrected in a
timely manner.
a. Provides an alternative to criminal court proceedings and reduces time for
compliance.
1 l. Cost recovery language
a. Recover costs associated with identification and removal of nuisances.
12. Establishes an appeal process
BUDGET ISSUES
A significant amount of city resources is being expended to address vacant property
issues, often shifting resources from other program activities. Items to consider:
Costs and allocation of resources- balancing resources devoted to criminal
enforcement actions (punislunent) versus correction.
Ongoing maintenance for properties vacant for extensive periods of time.
Establishing clear expectations for property owners, agents and the general public
regarding issues related to foreclosure and vacant properties.
Encouraging responsible and accountable property owners/agents, while having a
secondary plan to enable the city to correct detrimental situations.
Establishing options for short-term strategies, with long-term implications for
neighborhood stabilization and reinvestment.
ATTACHED
Vacant Single Family Properiy Analysis Report
Proposed Ordinance Amendment
Page 4 of 19
Attachment- Analysis of Vacant Single Family Properties
Analysis of Vacant Single Family Properties in Brooklyn Center
Report Date: August 11, 2008
The City of Brooklyn Center is among other cities in the nation and state experiencing a
high number of foreclosures. As a result of foreclosures and the downturn in the housing
market, the city is also experiencing a high number of vacant residential properties. An
analysis was conducted of the single family residential properties in order to identify the
extent of vacant properties, evaluate the conditions, remediate health/life safety hazards,
provide resource projections and provide housing information to assist in developing
housing strategies. Although multi-family was not included in this report, foreclosures
and vacancies are also occurring in these housing types. The issues associated with
multi-family vacancies are similar to those experienced in single family properties with
some unique issues. For example, homeowner association budgets are impacted effecting
their operations.
The foreclosure list was verified and updated using information from the Hennepin
County Sheriff's Office and the City's Assessing Office. The next step was to visit
properties listed on the vacancy list. The original vacant property list was compiled from
city staff information (assessing, police, public works, community development, etc.) and
resident reports. The site visits occurred between June 25 and August l l, 2008, with a
seasonal employee and a Code Enforcement Inspector. Information gathered included
whether the property was vacant or had been re-occupied, security, imxnediate health or
life safety hazards, public nuisances, condition of home and general curb appeal. The
availability of contact information and ownership status was also determined.
Some key findings of the analysis include:
The vacant property situation is in flux and vacancies alone are expected to be
high at least the next 3 years based on current foreclosure data.. The sta.tus of the
property, ownership, responsible parties, and numbers can change daily. Some of
the properties were vacant for more than two years.
More than 190 vacant single family properties exist in the city.
Approximately 84% of the vacant properties had one or more code violations.
Significant city resources are already being expended to meet the minimum
standards for vacant properties, shifting resources from other program areas.
Eaxly intervention with vacant properties helps to ensure minimum community
standards, while increasing citizen satisfaction.
Approximately 47 of the properties viewed from the exterior only were
considered outdated, had little curb appeal or had significant code violations.
Concentrated or cluster vacancies in a neighborhood have a significant impact to
the neighborhood, from a visual and emotional perspective of residents.
Page5of19
The presence of vacant homes/foreclosures on a block is starting to impact the
sale prices of open market transactions. Some properties are being listed below or
near land value.
Although the city faces challenges with foreclosures and vacant properties,
opportunities for community revita.lization and renewal exist.
IDENTIFICATION OF VACANT PROPERTIES
A total of 192 properties were determined to be vacant during this city-wide evaluation.
The overview of the evaluation data is as follows:
A total of 252 properties were evaluated throughout the city.
226 properties were listed in the city's vacant property database.
26 additional vacant properties were found that were not included in the original
vacant property list. (13.5% of the total vacant properties)
52 properties on the vacant property list had been re-occupied. (23% of the
ori inal list
g
Eight properties were still in the foreclosure redemption period and not
considered vacant.
Occupancy was determined by several indicators. A property was considered reoccupied
if there were cars in the driveway, people/furniture/animals inside,
flowers/toys/tools/patio furniture outside, or other signs of legal occupancy. Properties
not on the vacant list were determined vacant if they were visibly empty from the street,
posted (City postings, realtor signs, winterization signs, court files), had overflowing
mailboxes, and/or displayed severe neglect. Most vacant properties were easily identified
from the street, even without postings.
EVALUATION OF VACANT PROPERTIES
Several items were reviewed as part of the evaluation of the properties. Immediate
actions were taken by city staff (Police Department and Community Development) where
the property was not secured, indications of vandalism existed, or health and life safety
hazards were found either by contacting realtors or mortgage companies where available
or initiating city facilitated abatements to correct the violations.
Securitv
When a vacant property is unsecured, it is at higher risk for harboring illegal activities,
such as co er stri in s uattin an activi or undera e drinking. A property was
g �3'� g
PP PP g q g g
e if it had an o en or unlocked door or window or otherwise was open
i ered unsecur
cons d p
to trespass by people or pests. Immediate steps were taken to secure the property. In
some cases, properly securing a property involved locking a door. In other cases, proper
securing included the police clearing the house for possible trespassers, and having the
m. Fi of 192 ro erties
property boarded or locked by addrtional lock�ng mecharus fty p p
(26%) were found unsecured. A breakdown of the security issues is provided below.
Page6of19
50 of 192 properties (26%) were found unsecured
0 10 (20%) had unsecured main doors
0 7(14%) had unsecured windows
0 25 (50%) had unsecured accessory buildings
0 8(16%) were unsecure in multiple locations
0 6(12%) were secured by the inspectors locking an unsecured door.
0 23 (46%) verbal or written orders to secure were given to responsible
parties.
0 2(4%) required clearing by the police department because they appeared
to have been burglarized/vandalized.
0 19 (38%) were left as they were—often these were windows or garages in
backyards behind fences, which were fairly inaccessible and displayed no
evidence of criminal activity.
General Condition
The property was evaluated as E- excellent, G- good, F- fair, or P- poor primarily based
on the curb appeal and physical condition of the property. It is a generalized rating and
does not take into account the different expectations of various neighborhoods. The
ro ert
since cit staff
rating is based pnmarily on the evaluation of the extenor of the p p y, y
did not generally gain access to the interior of the structures as part of the evaluations at
this time.
An egcellent property did not have code violations, structural damage, overgrown
gardens, or long grass or weeds, and high curb appeal.
A good property may have small, isolated code violations (a pile of brush, some
yard waste or junk/appliances/debris) or overgrown gardens/trees, only minor
structural damage. It may have non-code issues that detract from the property
such as overgrown bushes/trees, but no major flaws.
A fair property looks okay from the street, but often has more serious code
violations (rotting garbage, large amounts of junk/appliances/debris, yard waste,
or brush), and upon inspection may have one or two areas of structural damage,
such as broken fences, rotting accessory buildings, old roof/soffit/fascia,
crackedldecaying siding or stucco, and/or decaying window casements. It may
also have functional obsolescence such as outdated materials or styles, and may
have items with weaz and will require upgrades or replacement in the near future.
A poor property has problems visible from the street they generally have both
code violations and three or more areas of significant structural damage (although
code violations alone may not result in a"poor" rating), are outdated and
functionally obsolete, with little to no curb appeal.
Vacant properties were rated as follows:
0 2(1 excellent condition (none of these were unsecure)
0 16 (8.3%- good condition (none of these were unsecure)
0 76 (39.6%)- fair condition
17 (22:4%) were unsecure
0 91 (47.4%)- poor condition
Page7of19
33 (36.3%) were unsecure
Nuisance Code Violations
Of the 192 vacant properties, 32 properties did not have any code violations including
securing issues. In order to bring the property into compliance with minimum property
:maintenance_codes, city resources would be required to address 162 properties (84%).
The types and number of violations are summarized below.
Junk/Garbage. Junk, garbage and refuse left behind by previous owners/tenants is a
major source of complaints regarding vacant properties.
61 properties (31.7%) had junk/garbage on the property. This category
was divided into four areas as follows:
0 45 (73.7%) had junk/appliances/debris (furniture, appliances,
construction debris, logs, clothing, auto/bike parts, etc.)
0 5(8.2%) had rotting garbage (food items, dead animals, etc.)
0 3(5%) had yard waste (bags of leaves or grass clippings)
0 9(14.8%) had all of the above
0 1(1.6%) had an abandoned vehicle
Long GrasslWeeds. Long grass and weeds from lack of mowing provide the second
major source of complaints regarding vacant properties.
33 properties (17.2%) had grass and weeds over 8 inches tall upon
inspection. All cases were reported to the Grass Inspector. Actions may
have already been initiated.
Tree-Related Problems. Several properties conta.ined brush, fallen trees or stumps as
follows.
40 properties (20.8%) contained brush
7 properties (3.6%) contained fallen trees
8 properties (4.2%) contained stumps
Health Hazards. Significant amounts of rotting garbage, dead animals, and neglected or
accessible pools were the main criteria for determining health hazards and immediate
steps were taken by city staff to eliminate hazards.
4 properties (2.1%) were considered potential health hazards.
0 2(50%) contained significant amounts of rotting garbage
0 1(25%) contained a pool full of water and algae with the ladder still in
it and the fence around it open. Other pools were not noted but are
potential breeding grounds for mosquitoes.
0 1(25%) contained a significant amount of rotting garbage and a large
dead bird (chicken?) in a cage in the backyard
Realtors were contacted for three of the four properties. No owner could be
found for the fourth property—posted unfit, not listed as a foreclosure, no
forwarding contact information for the property owner.
Page 8 of 19
Structural Damage. A combination of factors including prolonged neglect, aging of
houses, and other factors such as weather related damage has resulted in a significant
amount of physical damage to some vacant properties.
99 properties (51.6%) had noteworthy damage to the structure (i.e.
damage that would have to be repaired if someone moved in). Structural
damage was separated into four areas. The percentage does not equal 100%
since some properties had multiple issues:
0 61 (61.6%) had damage to accessory structures
(fence/deck/shed/garage)
0 26 (26.3%) had roof damage(shingles/gutters/soffit/fascia)
0 42 (42.4%) had siding damage(siding/stucco/brick/general wall)
0 31 (31.3%) had damage to entry areas
The quantity of areas of structural damage was then recorded for each properly:
0 30 (30.3%) had one area of structural damage
0 52 (52.5%) had 2 areas of structural damage
0 17 (17.2%) had 3 or more areas of structural damage
Graffiti and Vandalism. Graffiti and other forms of vandalism were rare
occurrences at the vacant properties inspected. City staff followed up regarding
graffiti or vandalism violations. The Police staff have been conducting some night
time monitoring of vacant properties during park patrol. Some residents have been
active in reporting suspicious activities or nuisance violations at neighboring vacant
properties.
4 properties (2.1%) were tagged with graffiti
o Note: All four were corner properties
Contact Information
Concerns had been expressed about posting properties and the potential of drawing
attention to the vacancy. The following information was gathered regarding postings or
other contact information on the property. Overall, un-posted properties were no less
visibly vacant than posted properties, and were likely to have more violations than posted
properties. When conta.ct in�ormation was not readily available, the amount of time
required to resolve violations and nuisances was greater.
70 properties (36.5%) did not have any contact information posted on the
property.
Of the un-posted properties:
0 21 (30%) were unsecure (4% more than overall)
0 32 (45.7%) had junk on property (14% more than overall)
0 14 (20%) had long grass (2.8% more than overall)
Page 9 of 19
Ownershin Status
Not a11 vacant properties are a result of foreclosure. A property could be in probate,
owners may have moved to a senior facility or people just keep the property as a second
house for various reasons. Based on available information, rt was determined that:
149 (77.6%) of vacant properties are going through or have gone through
foreclosure.
0 3 l(20.8%) were still within the 6-month redemption period
0 118 (79.2%) were out of redemption and no longer in foreclosure.
Proactive Reuairs and Imarovements
Some proactive work was being performed for some vacant properties. During
inspections, contractors were encountered making repairs.
18 properties (9.4%) were being figed up upon inspection.
RESOURCE PROJECTIONS
In order to address 192 properties (160 properties with violations), approximately 500
hours of staff time would be required. This includes initial inspections, follow-up
inspections, abatements, and criminal enforcement actions where necessary. An extreme
case may skew the estimates. The actual costs for abatement could exceed $25,000.
Please note that this is for the initial violations and does not include resources to follow
up on repeat violations. Structural issues, such as painting or cosmetic issues, would not
be addressed unless a health or life safety hazard existed. Administrative costs for
special assessments, billing, etc. would vary.
These are estimated values. Unanticipated items might be discovered during abatement
processes or higher compliance rates could occur.
HIGHLIGHTS OF SALES INFORMATION
Based on sales data, approximately 26 properties are being listed below or near the
assessed land values. Fifteen of the 26 properties are single family houses. Sale price
listings ranged from $53,500 to $82,900. They ranged from $9,000 below land value to
$23,000 above land value. Land value is generally in the $60,000 range.
The presence of vacant homes/foreclosures on a block is starting to impact the sale prices
of open market transactions. Comparing the 2007 and 2008 sales data, sale prices have
decreased approximately 23% for single family homes.
The total nuxnber of sa.les of single family residentia.l homes in 2008 from January 1 to
July 31 was 154. Of these, 37 sales are considered open market transactions. The
remauung 117 are foreclosed, auction, related, bank, etc. and axe considered rejected for
assessment purposes. The percentage of non-market sales is currently 75% of the total
sales. This is an area of concern for the Assessor's office for the 2009 assessment.
Page 10 of 19
Attachment- Proposed Vacant Building Code
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of
2008, at 7:00 p.m. or as soon thereafter as the matter may be heard at City
Hall, 6301 Shingle Creek Parkway, to consider an amendxnent to Chapter 12 of the City
Code relating to the registration and regulation of vacant buildings.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in
advance. Please notify the personnel coordinator at 612-569-3303 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 12 TO ADD
NEW SECTIONS RELATING TO THE REGISTRATION
AND REGULATION OF VACANT BUILDINGS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 12 is amended to add the following new Sections:
Section 12-1501. POLICY. The purpose of sections 12-1501 through 12-1510 is to
protect the public health, safety, and welfare by establishing a program for the
identification and regulation of vacant buildings within the City. Sections 12-1501
through 12-1510 also determine the responsibilities of owners of vacant buildings and
provides for administration, enforcement, and penalties associated with the same.
Section 12-1502. FINDINGS. Vacant buildings are a major cause and source of blight
in residential and non-residential neighborhoods, especially when the owner of the
building fails to actively maintain and manage the building to ensure it does not become a
liability to the neighborhood. Vacant buildings often attract transients, homeless people,
trespassers, and criminals, including drug abusers. Neglect of vacant buildings, as well
as use of vacant buildings by transients and criminals creates a risk of fire, explosion, ar
flooding for the vacant building and adjacent properties. Vacant properties are often used
as dumping grounds for junk and debris and are often overgrown with weeds and grass.
Vacant buildings, which are boarded up to prevent entry by transients and other long-
term vacancies, discourage economic development and retard appreciation of properiy
values. There is a substantial cost to the city for monitoring vacant buildings whether or
not those buildings are boarded up. This cost should not be borne by the general
taxpayers of the community but rather these costs should be borne by those who choose
to leave their buildings vacant.
Page 11 of 19
Section 12-1503. DEFINITIONS. T'he following definitions sha11 apply in the
interpretation and enforcement of sections 12-1501 through 12-1510.
1. Code Official the official appointed by the City Manager and charged with
the administration and enforcement of sections 12-1501 through 12-1510.
2. Buildin� a building or structure designed for business use or human use or
occupancy.
3. Owner those shown to be the owner or owners on the records of the
Hennepin County Department of Property Taacation; those identified as the
owner or owners on a vacant building registration form, a holder of an
unrecorded contract for deed, a mortgagee or vendee in possession, a
mortgagor or vendor in possession, an assignee of rents, a receiver, an
executor, a trustee, a lessee, other person, firm or corporation in control of
the freehold of the premises or lesser estate therein. An owner also means
any person, partnership, association, corporation, or fiduciary having a legal
or equita.ble title or any interest in the property or building. Owner also
means any responsible party having direct or indirect control or decision-
making authority over the building' or property, including, but not limited
to, a realtor, service provider, mortgagor, leasing agent, management
company, or similar person or entity. All owners shall have joint and
several obligations for compliance with the provisions of sections 12-1501
through 12-1510 of this code.
4. Vacant buildin� a building or structure is vacant if no person or persons
actually and currently conducts a lawful business or lawfully resides or lives
in any part of the building on a permanent, nontransient basis.
Section 12-1504. VACANT BUILDING REGISTRATION.
1. Applicafion. The owner must register a vacant building with the City no later
than thirty (30) days after the building becomes vacant. The registration must be
submitted on a form provided by the city and sha11 include the following information
supplied by the owner:
a. The name, address, telephone number, and email address, if applicable, of
each owner or the owner's representa.tive;
b. The names, addresses, telephone numbers, and email addresses, if
applicable, of all known lien holders and all other parties with any legal
interest in the building;
c. The name, address, telephone number, and email address, if applicable, of a
local agent or person responsible for managing or maintaining the property;
Page 12 of 19
d. The legal description, tax parcel identification number, and street address of
the premises on which the building is situated;
e. A description of the premises, including the common address of the
property,
f. The date the building became vacant, the period of time the building is
expected to remain vacant, and a property plan and timetable for returning
the building to appropriate occupancy or use and for correcting code
violations and nuisances, or for demolition of the building;
g. The status of water, sewer, natural gas and electric utilities.
h. The owner must notify the code official of any changes in information
supplied as part of the vacant building registration within thirty (30) days of
the change.
2. Property Plan. The property plan identified in section 12-1504(1)(fl must meet
the following requirements:
a. General provisions. The plan must comply with all applicable regulations
and meet the approval of the code officiaL It must contain a timetable
regarding use or demolition of the property. The plan must be completed
within a reasonable period of time, but no longer than three hundred sixty-
five (365) days after the building is registered.
b. Maintenance of building. The plan must identify the means and timetable
for addressing all maintenance and nuisance-related items identified in the
application. Any repairs, improvements or alterations to the property must
comply with the applicable building codes and city regulations.
c. Plan Changes. If the property plan or timetable for the vacant building is
revised in any way, the revisions must meet the approval of the code
official.
d. Non-compliance with Plan. If the owner does not comply with the property
plan relating to maintenance or correction of nuisance items, the city may
commence abatement and recover its costs for correction of those items in
accordance with city code section 19-105. In the case of an absent owner
and ongoing nuisance items, the city need not provide notice of each
j abatement act to the owner. A single notice by the city to the owner that it
intends to provide ongoing abatement until the owner corrects the items will
be sufficient notice.
Page 13 of 19
e. Demolition Required. If a building has remained vacant for a period of three
hundred and sixty-five (365) consecutive days, and the code o�cial has not
approved an alternative schedule in the property plan, the owner must
demolish the building and restore the grounds. If the owner does not
demolish the building, the city may commence abatement and cost recovery
proceedings for the abatement of the violation in accordance with city code
section 19-105.
3. Egemptions.
a. Fire Damage. A building that has suffered fire damage is exempt from the
registration requirement for a period of ninety (90) days after the date of the fire
if the owner submits a request for exemption in writing to the code ofFicial. A
request for exemption must be approved by the code official and include the
fnllowing information supplied by the owner:
i. A description of the premises;
ii. The name and address of owner or owners;
iii. A sta.tement of intent to repair and reoccupy the building in an
expeditious manner and the time frame for completion;
iv. Actions the owner will take to ensure the property does not become a
nuisance for the neighborhood.
b. "Snowbirds." Those persons who leave their residential buildings on a
temporary basis for vacation purposes or to reside elsewhere during the winter
season and have the intent to return are exempt from the registration
requirement.
4. Fees. The owner must pay an annual registration fee. The registration fee will
be in an amount adopted by resolution by the City Council. The amount of the
registration fee shall be reasonably related to the administrative costs for
registering and processing the registration form and for the costs of the City in
monitoring the vacant building site. The fee must be paid in full prior to the
issuance of any building permits, with the exception of a demolition permit.
5. Waiver of Fee. The regiatration fee may be waived if the owner has paid all
past due registration fees and a11 other financial obligations and debts owed to
the City that are associated with the vacant property and demonstrates, to the
satisfaction of the code official:
a. that he or she is in the process of demolition, rehabilita.tion, or other
substa.ntial repair of the vacant building; or
i
Page 14 of 19
b. that the anticipated length of time for the demolition, rehabilitation, or other
substantial repair of the vacant building; or
c. that he or she was actively attempting to sell or lease the property during the
vacancy period.
6. Assessment. If the fee or any portion is not paid within 60 days after billing, or
within 60 days after any appeal becomes fma1, the City Council may certify the
unpaid cost against the property in accordance with the process set forth in
section 19-105 of this Code.
7. Issuance of Permit. Upon completion of the registration process and payment
of the fee, the City will issue a Vacant Building Permit to the owner. The owner
must securely post the pernut on the vacant building, if possible, on a side
entrance door that is not generally visible from the public street. If no side
entrance door is available, the permit must be securely posted on another
available entrance door.
Section 12-1505. CHANGE OF OWNERSHIP. A new owner(s) must register or re-
register a vacant building under section 12-1504 within thirty (30) days of any transfer of
an ownership interest in a vacant building. The new owner(s) must comply with the
approved property plan and timetable submitted by the previous owner. Any proposed
changes in the property plan must be submitted and approved by the code official.
Section 12-1506. INSPECTIONS. The code official may mspect any vacant building m
the City for the purpose of enforcing and assuring compliance with sections 12-1501
through 12-1510 and other applicable regulations. Upon the request of the code official,
an owner must provide access to a11 interior portions of the building and the exterior of
the property in order to complete an inspection. If the owner is not available to provide
access to the interior of the building, the City may use any legal means to gain entrance to
the building for inspection purposes. Prior to any re-occupancy, a vacant building must
be inspected and found to be in compliance with sections 12-1501 through 12-1510 and
all other applicable regulations.
Section 12-1507. MAINTENANCE OF VACANT BUILDINGS. The owner must
comply with and address the following items in the property plan, as described in section
12-1504(2):
1. Appearance. All vacant buildings must be so maintained and kept that they
appear to be occupied.
2. Securing. All vacant buildings must be secured from outside entry by
unauthorized persons or pests. Security must be by the normal building
amenities such as windows and doors ha�ing adequate strength to resist
intrusion. All doors and windows must remain locked. There shall be at least
Page 15 of 19
one operable door into every building and into each housing unit. Exterior walls
and roofs must remain intact without holes.
a. Architectural (Cosmetic) Structural Panels. Architectural structural
panels may be used to secure windows, doors and other openings provided
they aze cut to fit the opening and match the chaxacteristics of the building.
Architectural panels may be of exterior grade finished plywood or Medium
Density Overlaid plywood (MDO) that is painted to match the building
exterior or covered with a reflective material such as plexi-glass to simulate
windows.
b. Temporary Securing. Untreated plywood or similar structural panels or
temporary construction fencing may be used to secure windows, doors and
other openings for a m�imum period of 14 days.
c. "Artistic" board-up. With prior approval of the code ofFcial, artistic
options may be utilized to secure a vacant building.
d. Emergency securing. The code official may take steps to immediately
secure a vacant building at his or her discretion in emergency
circumstances.
3. Fire Safety.
a. Fire protection systems. Owners of non-residential vacant buildings must
maintain all fire protection systems, appliances and assemblies in operating
condition and maintain underwriter limited (UL) monitoring of all systems.
b. Removal of hazardous and combustible materials. The owner of any
vacant building, or vacant portion thereof, must remove a11 hazardous material
and hazardous refuse that could constitute a fire hazard or contribute to the
spread of fire.
4. Plumbing figtures. Plumbing fixtures connected to an approved water system,
an approved sewage system, or an approved natural gas utility system must be
installed in accordance with applicable codes and be maintained in sound
condition and good repair or removed and the service terminated in the manner
prescribed by applicable codes. The building's water systems must be protected
from freezing.
5. ElectricaL Electrical service lines, wiring, outlets or fixtures not installed or
maintained in accordance with applicable codes must be repaired, removed or
the electrical services terminated to the building in accordance with applicable
codes.
Page 16 of 19
6. Lighting. All exterior lighting fixtures must be maintained in good repair, and
illumination must be rovided to the building and all walkways in the same
p
manner as provided at the time the building was last occupied or as otherwise
provided in the approved vacant building plan.
7. Heating. Heating facilities or heating equipment in vacant buildings must be
removed, rendered inoperable, or maintained in accordance with applicable
codes.
8. Termination of utilities. Upon registration of the vacant building, the code
official ma re uest that water sewer electrici or as service to the buildin
Y q tY� g g
be ternunated or disconnected. Prior to the termination of any utility service,
written notice must be given to the owner. No utility may be restored until
consent is given by the code official. Utilities may be discontinued at the
request of the owner if part of the approved vacant building property plan. The
code official may authorize immediate termination of utilities at his or her
discretion in emergency circumstances.
9. Signage. All exterior signs and installation hardware must be removed. Holes
and penetrations must be properly patched and painted to match the building.
Surfaces beneath the signs that do not match the building must be repaired,
resurfaced, painted or otherwise altered to be compatible with the building
surfaces.
10. Egterior maintenance. The owner must comply with all applicable property
maintenance regulations and city codes including, but not limited to, the
following:
a. Public nuisances. The owner must eliminate any activity on the property
that constitutes a public nuisance as defined by section 19-103 of the city code.
b. Grass and weeds. Any weeds or grass must be no greater than six (6)
inches in height.
c. Exterior structure maintenance. The owner must maintain the vacant
building in compliance with sections 12-701 through 12-713 as determined to be
necessary by the code official.
d. Abandoned or junk vehicles. The owner must remove abandoned and junk
vehicles from the property. The City may impound such vehicles consistent
with the requirements in Chapter 19 of the city code.
e. Storage and disposal of refuse. The storage and disposal of refuse must
comply with the requirements of Chapter 7 of the city code.
f. Animals. The owner must ensure that a11 animals are removed from the
property and handled in a humane manner.
g. Diseased trees. The owner must remove diseased trees from the property
in accordance with Chapter 20 of the city code.
h. Gra�ti. The owner must remove all graffiti from the property in
accordance with city ordinance.
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i. Abandoned pools. Swimming pools must be maintained in good operating
condition; treated to prevent pest harborage; or properly drained and emptied.
Swimming pools must be secured in accordance with city code section 19-1402.
11. Removal of garbage and refuse. The owner of any vacant building, or vacant
portion thereof, must remove all garbage, refuse, rubbish, swill, filth, or other
materials from the vacant building and the property upon which the building is
located.
12. Police protections systems. The owner must properly maintain a11 alarm
systems in any vacant building or portion thereof in operating condition.
13. Loitering, criminal activities. Loitering or engaging in criminal activities is
not allowed in the vacant building or on the real property upon which the vacant
building is located. The owner must not allow these activities and take
immediate actions to eliminate these conditions once notified by the city.
14. Emer enc Abatement. The code official may authorize immediate abatement
g Y
of any public nuisance or maintenance item if, in the discretion of the code
official, emer enc circumstances exist that present an imminent threat to the
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public health and safety.
Section 12-1508. NO OCCUPANCY OR TRESPASS. No person may trespass, occupy
or reside in, on a temporary or permanent basis, any vacant building without the owner's
consent.
Section 12-1509. REMOVAL OF ITEMS PROHIBITED. No person may remove items
from a vacant building or the property upon which it is located, including, but not limited
to, personal property, appliances, fixtures, furniture, electrical wiring, copper, or other
similar items without the owner's consent.
Section 12-1509. APPEAL. Any person aggrieved by a decision under sections 12-1501
through 12-1510 may appeal to the City Council. 'The appeal must be in writing, must
specify the grounds for the appeal, and must be submitted to the City Manager with'vi ten
business days of the decision that is basis of the appeal.
Section 12-1510. PENALTIES. Any person who violates sections 12-1501 through 12-
1509 is subject to the penalty as provided under section 12-1205 of this code. Nothing in
this ordinance, however, is deemed to impair other remedies or civil penalties available to
the City under this code or state law, including Minnesota Statutes Sections 463.15
through 463.261.
Section 2. This ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
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Adopted this day of 2008.
Mayar
ATTEST:
City Clerk
Date of Publication:
Effective Date:
(Underline indicates new matter; strikeout indicates matter to be deleted.)
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