The URL can be used to link to this page

Home My WebLink About2008 10-13 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION October 13, 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. L City Council Discussion of Agenda Items and Questions 2. Shingle Creek Daylighting Study 3. Miscellaneous 4. Discussion of Work Session Agenda Items as Time Permits 5. Adjourn e City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL STUDY SESSION ITEM DATE: October 9, 2008 TO: Brooklyn Center City Council FROM: Curt Boganey, City May� SUBJECT: Shingle Creek Daylighting Study COUNCIL ACTION REQUIRED Monday you will receive a presentation of the results of a several month joint study sponsored by Hennepin County regarding the potential day lighting of Shingle Creek. No action is required by the City Council at this time. At a future worksession the Council ma,T choose to ce�sider adopting the concept or framework as an element for consideration in future planning and development activities of the City. BACKGROUND Several months ago the City was approached by the County to determine rf we would be interested in participating in a planning study to look at ways to enhance the development value of Shingle Creek. The City agreed to participate and several joint meetings were held with County staff and consultants to come up with the framework plan that will be presented on Monday. COUNCIL POLICY ISSUES Will implementation of the proposed framework facilitate achievement of the Council goals for redevelopment and the environment? Should the City endorse the frame work as a means of encouraging redevelopment and an enhanced environment? C: Gary Eitel shinglecreek.l0-13 -08..doc 6301 Shingle Creeh Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org Hennepin i I T r!�.. k ��ir.. 1 S, i Y s. �.�`i'S 4 C3 rrF'e�-�.' r j i� i� T r p p� r n f� I,I Hennepin Counry�works to build up the tax base of private parcels within the Counry through strategic investments in c rc public realm and infrastrueture elements. E�a�k De�ebpweal irYfiNg Fa�mce Inprore Uvd�r s j'►�r';� r ,s�� Nar�d 'i QuaWy of tffe 4' Syste�ns Couary R r s 7r I.. y' r r� t c ;w�"� ti., Ti; '.1��: _.y� r �.�A f Y'i; �+��'�3i� 1 ��'I� �E J ...r� ,I V.a� i f. �y ..�7�I1� t ��i� a �Gi.. k� `i�C �,w�/ l� �at„"' H �v. r�,, The Daylighting Shingle Creek Framewo ons a restored creek in ��'x k Brookl n Center I 694 to the southern ci border that will: ��t�,� Y 7 Revitalize the area's identiry. �a., r;. �z. Create an amenity that builds on recreational and retail assets. Catalyze economic development. o, Restore a healthy habitat for aquatic life. The framework plan builds on recommendations made in prior studies, details technical feasibility, and provides implementation recommendations. Plur� view of creek conee t through B�•ookdale Mu�l The primary challenge and proposed future vision for each reach of Shingle Creek are presented below and illustrated ti �c;; on the conce pt plan at ri ght e ,,,n;._ �M;;,�� i 9 ,��r�.: t �r Primary Challenge Vision y Poor water quality Enhance natural creek aeration y'� 7 i,,1 and wildlife habitat. and restore native vegetation �C qg buffers. ��'j,�.?�`�' F tp Creek is disconnected Reroute creek through .�`r� c; �y from community due Opportuniry Site to reflect to channelization and historic meanders and s ark 'f �I' p 4 a u obscured views from economic development with ad- s t y adjacent land uses. ditional amenities that connect vr� creek to community including r pedestrian/bike path connec- i/- a 1 tions and stormwater gardens. �L Y rr r*' %�q} HenA.Cos B Buried creek provides Daylight creek through the mall no ameniry value for parking lot to provide a public f public or shopping focal point for a new restaurant/ I mall and acts as a entertainment-focused mall tit� A�,� �r j barrier to fish. expansion. :��.'�Y^4��••'�'� l I' 1 A Poor water quality Enhance natural creek aeration and wildlife habitat. and restore native vegetation pportv ity� buffers. w-� Site p� a,� �i AJ� _T 41'""!1"�F h i,,� ,�.f� �P;� d: .!4 �i c� �C;' n'� `�p k< w *1 �Z i w a ti M �,�0/ a y y� U 1 r t �y Brookdale B f y q Y.� t. ,I A y�. Mall ti}t� yl `�'f' a'r,� �'i L Y r: r ,L a: f lC .i `��A� �ir�� X f� ,i�,4�. g 7 y �IL1L." s` ,.�a �fi.:�... The sucress ul restorataore o Sbin le Creek in Brook/ n 1 ark im roved both euater quality and eommunity aesthetics. 1 3 F �``T'� i -�►�.�ti�, r- ��rE: This ro�ect is a continuation of a stud erFormed for the Henne m y r P Y P P �j �:..t.;� Counry Department of Housing, Communiry Works, and Transit that t x �`.4.�� 1 T' f examines the feasibiliry of daylighting Bassett Creek, Bridal Ueil Creek, f r�`� g r Y and Shingle Creek, which resulted in a report titled, Daylighting Creeks in Hennepin County: Recommended Locations for Feasibility Study Cornejo A 7p� Consulting (2006). qV e ��.+.vE f f 1 �Y i �k F Contact Information: R '�r r`�� r r� e Patrick R. Connoy, Senior Administrative Manager t f I' a i wtr �t y' Z '�i�f'•, Henne in Coun Housin Communi Works andTransit t .,o t r�-r �i �r i'' r P C7' g ry' �'�r`� �i a; S�a i: r 612.348.2215 patrick.connoyC>co.hennepin.mn.us ,�M� :S r'.' L, r:-� .��:''�'�'3�n Shingle Creek daylighting concept by reach Sepcember 12, 2008 1 �CONSULTiNG GFOUP� INC. ENC�Neeas P�,�NHess I DesicNeas r '�1! Hennepin Counry Department of Housing G.� Shingle Creek meandering through parks and Community Works Transit a longsi de trai ls... connecting s hopping, dining an d This project is a continuation of a study performed for the Hennepin Counry Contact Information: Pacrick R. Connoy r recreation an the heart of Brooklyn Center. Department of Housing, Communiry Works, and Transit that examines the feasibility Senior Administra�ive Manager of daylighting Bassett Creek, Bridal Veil Creek, and Shingle Creek, which resulted 417 Norch Fifth Streec, Suite 320 Minnea olis, MN 55401-1362 in a report titled, Daylighting Creeks in Hennepin County: Recommended Locations for p 612.348.2215 Feasibility Study Cornejo Consulting (2006). cell 612.267J012 t L. i C� 612.348.9710 patrick.connoyC�co.hennepin.mn.us J• •T J Y ��'1r- �D '4 f Investing in the Future y� Hennepin County works to build up 'i� �4� the ta�c base of private parcels within r ,Z' YT'-- fis� the County through strategic invest- -as�� ments in public realm and infrastructure l elements. The graphic to the left shows r n_ i"' the Hennepin Counry infrastructure i investment strategy. y a r ti F .✓1 r L u �..w CR 10/ BA55 IAKE ROAD cf �s. s^ C ta:_ a ;y i �Y i 6 fy �e, i 2o,�sF r r y ,Ja flETA1L .i 1 t S.e�J $F I r/'."i� x° I�� 1 BEC7aVRANT y j�.l.,; pr j: A 1 f ,i'' r J --�v-�. i iMFF1CHOUNDABQUT �f, �•I �'--OUTDOORMTIO y' .,�1 �j' r 4 A.: v 1+ OVf RLOOK L`�� ff r� t j i z i .r, i ENTAY FEATUNE 5 y "L v 4'!� ONNMdFNTAL PLANfINGS r F-' I 9� i i .i �i1 �'ti t' r' C y 1,�:iSF .1 F 4. '�,../a Y r� r ,hi t n,.-i.�f1 OUIDODRPA710� l r 1.�- .'�Jl s `y �.r.. 1�' .��M iy• ,`'.y� N 7 ti YI N e F y 1 v �.'s1 �.1. �n 7� PEOESTAIAN x^ i tt A1 L ',1 ia L �t '1� BflIDG o i ,i E.2opS' ;T .y��- _.r ..;f`' �•r. 4 Dnv.UGNti�OSr+IIeGIECREEI(��( Rtl��. y ��Ya�- �:w^ +11� �r ,w. r� A r 1-� La):�`f '.`_.I �j�l"�� J� i .+1i'T4.�FV°.+ kr: ti—s: 0Y'ER1041( 7n n� A� LESSIB k- i �>1•:�� f i p� T •t�,,, .i� �P I 4 TRAIL r i ��V l i y .��1C^ ��r y 7- BROOKDALE I s t MAII f• ��ao, Creek conrept tbrough Brookda/e Mall i� �CONSULTING GAOUP, INC. Brooke�ale Mall creek dnyligb[irrg conrept E N G I N E E R S I P L A N N E R 5 I E 5 I G N E R 5 Project Vision The framework plan divides the creek into four segments (known as reaches) of similar characteristics and recommends enhancements for each segment as well as implementation tasks and responsibilities. Reaches lA and 2B primarily focus Shingle Creek on enhancements that improve the water quality and habitat in a currently degraded waterway. The plan calls for realign- ShIf1C�IG� C�6G'k (�ec,lCheS Exlstlft9 Cof1Ce(�t in the creek throu h the Ci 's O ortuni Site (Reach 2A and da li htin the creek throu h the Brookdale Mall site -P'�- �a g g tY PP n' Y g g g ti ''R�;;�-? (Reach 1B). This ecologically friendly infrastructure will create a unique identity for new retail and entertainment develop- ``'x".�'' 1 r r'^� 4 �*we �l�, �df�� a_,r�,,re r' 69 4 i�� x r ment while also improving environmental conditions throughout the site. r tia :��.,/3�r, f�'°''"i" !y w Issue Vision Im lementation T f,.;�� Q C 1 E,..� 4 f E�Y 1 �"Y�' ��C �a i; o �Y Poor water qualiry Provide pools and riffles in the Short-Term y ..c, 5' 'k:., y a N �gl�� r �.X,r:_, creek to enhance habitat and creek Develo construction lans and cost estimate for creek ��K"�';� z �`*�i t� Ci II Poor wildlife habitat P P aeration. T' Poor visual connection to creek L i,- n enhancements. V Add/remove wood ve etation, "�"s I F I Debris in creek Y g Solicit grants to help fund construcuon. l C�� N ��F�� w �j .i ..yr Y! as needed, alon creek to enhance �*+3�,, K: Remove debris. r� 4 t� T,r x! habitat g �c� ;f� :t! Mid-Term y +r,, i, Widen the native vegetation buffer t'�"r� y�. ti.. �a.:' .r�� Perform construction. ri t �'Y'`' "v'y� i along the creek. r t 4-� r` �'r o �;�IF�. .ri '�Q�:�,/�. F ��77 a �"�,.,i� -r, !t b Creek aesthetic compromised by Realign the creek through the Short-Term r�' et r w� ��a i J t, a,� :rr i Nenn Co= r channelizacion Opportuniry Site. Research O ortuni Site land uses that are financiall ��'.",i rt Fr T 2 i� ov't`,f�riter PP tY Y �+w, z r �i��r-� Hi h concentration of Orient new development towards feasible and support the vision. "�=t� y �y im� rvious surfaces in adjacent the creek. Mid-Term i�_± r r y `I land uses �.T;� �a a �rp f ,f d Create a pedestrian network in the Update Opportuniry Site Master Vision Plan to L;.'�.�,. ,�T�¢J` j 1' ;r a No direct visual connection Oppottuniry Site that connects incorporate realigned creek, updated land uses and I M ;i fi r �.i�� t7'':t.. r v` i a-, between Shingle Creek Parkway back to Central Park. transporta�ion networks. s and creek C.reate a stormwacer conve ance Select O ortuni Site develo er. �e- .�t_ ��!:E j';.� i p^ `e Op ity l Y PP rY P r�� greenway that connects the Earle y ,i 'q� 9: '�'P +.4 h• c- d i r Slt@, SoLac grants to help fund construcnon. �t K.. f�rown Heritage Center to the g R p� a��'� creek. Lon -Term !��y w f G,ts- r �r�» _'r+� v Work with developer to implement Opporrunity Site Masrer Plan. r ��z Jc��' i �'r`' �j��'� ��•:�i I (7 e �l r� I_ ��a^!�'�T"t. Buried Creek provides no Daylight creek through the Short-Term r �i�".� ��'�';r a ameni value for Mall Brookdale Mall site. °"�f` ''r`'• t tx i 1 6 �Y Continue diswssions with mall owner regarding creek �a,�r.e.rns�-� C t ts x•!� s- Mall parking shortage (per Orient new retail/entertainment daylighting opportunity. r a„�: zoning) may limit space for towards creek. Revise code to reduce parking requirements for mall -w y� daylighting creek land uses. a..� �-�s '��,n� Capitalize on the new open space �71 G i. s y .�`-r: j._ r"� 1J Box culvert is a barrier to fish ameniry Mid-Term t C'': f� migrauon �1: p t: ��j C Provide outdoor atios and ublic Work with mall developer on site plan review and F A o. a �3 n �e E ,a p C J p ..h� f ,F j r '.'T� ��-0 �4'� ,„y. space. aPProval. r�"•'�`,, D 4 r'' X -i 1 R :h .,e. 1 B a. ,y 1 Reconfi ure Mall entrance and rin Solicit rants to hel fund construction. 7 g g g p l' t �r �r t'� ,/i- road to accommodate creek and p 1 .Y sY., t �'`'�e y %c; C Lon -Term .t'' s .1e� 'k y� ��+c�..� 3� 7' a I 't y I ��C a' °�f� �t- iL' .i 1� �f A�.� c newdevelopment. Y g g P �t �l k a,i i Creek da li htin im lementation. G Develo multi-use aths alon the Y �I� b .4 �a r 4 P P g y r 1 ��a� ��r�ll:. new creek. �i ti y .+:u,�'� `�{�fy t f j�i y,, �r 'F t �r ii'Ic ,y��tY� -f. y.1�/:• P 1 t a^� 1 5 I; fi �r��t �„a C 1 t l r r. sl -jr x y ly �s r" rR 'q .r j i G ti 'a� rr YR' i t; r T '^t' f Poor warer uali Provide riffles to enhance creek Short -Term N i w'� 1 A 4 f �t c Ei, 4 f.� c �.f.. aeration. y. I� i k i i_ r�� c Develo construction lans and cost estimate for creek fi t� �,.r r. �gff Poor wildlife habitat P P I'� enhancements. rR A q :+y�� Add/remove woody vegetation, i 0 4� y �.r e Poor visual connection co creek lL j k as needed, alon creek to enhance m r r +�'''t t C Solicit rants to hel fund construcuon. t� p r�z F s Debris in creek habicac. g P r; ti t x .t i�. 'k �'.`"r� r Remove debris. _.r r r �'`�i "t-� 1 �,�.,e r p ��i r R I r 1 F ir f �i r �t �'r s w .�f i r- /!r l V Widen the natrve vegetation buffer L s Y Mid-Term along the creek. t�"' y e i �t� t Perform construction. a +1� ,_jj v r f r"'�'� Y ;'�''t�1��` it: 4 E �R +E� r� O :�s c 1� -'J ��f�T t' ti 4 1 J sF F �/�1 y a a t1 4 'i.� i �1�4L 4 �t. �.��e ti�� t �'.�n�� .r��. .�r� ��v !i� k T sr y�� a �5'�'- `y �f'� F aj i �l r n� ijll'��+�Yf+�� u� YV.�li� 1 i'.�� l �ri. $�7I -{�:l A. J T t��! P 4 ��d...,� t Y �2. I'� '�7#3 7�_: �P r t .i a �r x f'� j=r, i k A* t L Y;z� i' i I .x ..�i •k•V r r� wor �n� q L ti�'� e I I r r.. 1 (Y r; J g �k� r :�,,,s,�,' r� �i r' i ,l`` Hennepin Counry Department of Housing „!Z, y �r c Community Works Transit 1� e.�� 1 ��,"�A� 1�,i;� '�M I .os'r�.......�. �ci �i s�' I��lighting Shingle Creek Fr�m�work Pl�n September 1 2008 Prepared foc Hennepin Counry Department of Housing, Communiry Works and Transit Prepared by: SRF Consulting Group, Inc. For additional information regarding this report please contact: Patrick R. Connoy, Senior Administrative Manager 417 North Fifth Street, Suite 320, Minneapolis, MN 55401-1362 612.348.2215 cell 612.267J012 faY 612.348.9710 patrick.con noyC?co. hennepin. mn. us Acknowledgements Hennepin County Department of Housing, Community Works and Transit Parrick R. C;onnoy Jan Duffie Andrew Gillett Patricia l�itzgerald City of Brooklyn Center C;urt Boganey Gary Eirel 7i�dd Blomstron, P.E. Jim Glasoe Consultants: I SRF Co�isulting Group, Inc. Cornejo Consulting i ExecutiveSummary ....................................................i Chapterl:Introduction .................................................1 Chapter 2: Existing Conditions and Community Context .11 Chapter 3: Plan Alternarives .23 Chapter 4: Preferred Framework Plan .32 Chapter 5: Implementation .46 Figure 1: Regional Context .1 Figure 2: 1855 Creek Alignment and Project Area .2 Figure 3: Department of Housing, Communiry Works, and Transit Goals ...........2 Figure 4: Village Creek Development, City of Brooklyn Park .6 Figure 5: Restored Creek Characteristics .7 Figure 6: Creek Daylighting as Amenity .8 Figure 7: Depressed Medians/Fish Ladders .9 Figure 8: Stormwater Streetscape Design .10 Figure 9: Current Conditions .12 Figure 10: 2005 Traffic/Land Use .13 Figure 11: Existing Storm Drain System for Project Area .15 Figure 12: Segment (Reach) Descriptions .17 Figure 13: Issues and Challenges .18 Figure: 14: Opportunities .20 Figure 15: Green/Blue Infrastructure .21 Figure 16: Creek/Habitat Restoration .22 Figure 17: Concept A "Min" .25 Figure 18: Concept B "Mid" .27 Figure 19: Conceptual Cross-Sections .28 Figure 20: Concept C "Max" .30 Figure 21-22: Conceptual Cross-Sections .31 Figure 23: Preferred Framework Plan Blended Approach .33 Figure 24: Reach 1 B-Alternative A .34 Figure 25: Reach 1B-Alternative B .35 Figure 26: Reach 1 B-Alternative C .36 Figure 27: Reach 1 B-Alternative D .38 Figure 28: Perspective Sketch Shingle Creek Looking North .39 Figure 29 Realigned Creek in Opportunity Zone .40 Figure 30: Ornamental Walls over Culverts, Heritage Park, Minneapolis, MN. ......40 Figure 31: Zane Avenue Bridge over Shingle Creek, Brooklyn Park, MN ...........40 Figure 32: Reach 2A-Alternative 1 .41 Figure 33: Reach 2A-Alternative 2 .42 Appendices A-C D�ylighting Shingle Creek r -==i �tr ._isiro. �or�r-��'� I.1_r,; ��.d The goc�l of the D��li�hting Shingle Creek Frame�,uork Plc�n 1S to arr,�e upon physical framework visioning and feasibiliry for daylighting Shingle Creek. The plan emphasizes phasing, funding, and roles for project implementation that would be of immediate benefit to Brooklyn Center, the area's tax base, and Hennepin County. The framework must be visionary but grounded in fiscal and technical realiry. All previous studies were reviewed and incorporated into the Framework Plan. Investing in the Future Hennepin County works to build up the tax base of private parcels within the Counry through strategic investments in public realm and infrastructure elements. The Daylighting Shingle Creek Framework Plan envisions a restored creek in Brooklyn Center (I-694 to the southern city border) that will: Revitalize the area's identity. Create an ameniry that builds on recreational and retail assets. Catalyze economic development. Restore a healthy habitat for aquatic life. The planning process took place in the following phases: Phase I Initial Discussion and Fact Finding Two work sessions were held between Hennepin County and Brooklyn Center, where the Ciry provided information regard- ing the study area and previous planning studies. The Co�inry shared the findings of previous research performed by the Counry's consultant, Dan Cornejo, on daylighting creeks in Hennepin Counry as an economic development tool. Phase II Analysis of Baseline Conditions The major issues, challenges, and oppor- tunities were summarized from these efforts and documented. Through stakeholder input and precedent research, project objectives were established to guide design alternative development and provide criteria to evaluate the concept alternatives. Phase II culminated in the development of several concept al�ernatives that were then refined into a preferred alternative with subreach options based on stakeholder input. Phase III Casting the Vision The third phase of the project entailed a more detailed analysis of the preferred alrernative to better test the feasibiliry of the creek daylight- ing and enhancement concepts brought forward in the preferred alternative. A level of magnitude cost estimate was prepared for the preferred alrernative, along with result- ing planning principles and implementation phasing recon�mendations. D�ylighting Shingle Creek t i r �1� �j if_:: The framework plan breaks the creek into four segments (reaches) of like characteristics as follows: Reach 2b This segment meanders through Central Park north 4.:' T' to I-694 and contains adjacent stormwater ponds. Primary challenge: Poor water qualiry and wildlife habitat. .�x''` y Y Vision: Enhance natural creek aeration and restore native :a+ 'r,1C' vegetation buffers. c Reach 2a This segment includes the straight section of creek .��'1� 0 4 '^p from the Brookdale Center Parking Lot weir to the southern boundary of Central Park West kR a f, 4 ':J �v. Primary challenge: Creek is disconnected from community due e y_ to channelization and obscured views from adjacent land uses. d� Vision: Reroute creek through Opportunity Site to reHect `t- Henn. Co: historic meanders and spark economic development with �ov'r,c�� additional amenities that connect creek to communiry includ- y J ing pedestrian/bike path connections and stormwater gardens. Path connections should be made over Shingle Creek Parkway to <,F provide links between the northern portion of Central Park, the ,�r"p °T /h Earle Brown Heritage Center, the Hennepin County a "f. f Government Center, and the new hotel adjacent to the Earle D'PPortut ity Brown Center. `=!'�r3 ��i Sitej Reach lb This creek segment is contained under Brookdale r-�: A Shopping Center from the outlet south of the parking lot to the '�j`� V 4 K.� i) weir structure at the Brookdale Center Parking Lot. 4 t Primary challenge: Buried creek provides no amenity value for T' public or shopping mall and acts as a barrier to fish. Vision: Daylight creek through the mall parking lot to provide fJ s I/ a public focal point for a new restaurant/entertainment-Focused ti4 t,�_'-" mall expansion. The new daylighted creek channel will incorpo- �.,.�C= f rate a meanderin ali nment, substrate diversit rifftes and ools, Brookdale 1 B w� g g Y P Ma�� and native riparian vegetation that will restore ecological function and facilitate fish migration. ��-�,_j►,�. Reach la This segment contains the area from the Brooklyn �oo r i Center/Minneapolis border to the point at which Shingle Creek �s'-� /4 a-` i y- :�i,� emerges from the underground culvert north of TH 100. s t::'�-'"`'" v i a r R t� Primary challenge: Poor water quality and wildlife habitat ,e i;��t��* A Vision: Enhance natural creek aeration and restore native r��'s ��;J p� S�'' a �l vegetation buffers. i r i r Implementation of the daylighting plan will entail the collaboration E of numerous a encies and stakeholders. j g L Shingle Greek dn��lighting corzrept 67- rr, Da�lighting Shingle Creek H- nn�oin Count De ortment oF Housin II --s* p. V p g. Community Ulorks 6 Transit Study Intent This report studies the feasibility of daylighting and implementing environmental enhancements to a segment of Shingle Creek within the Ciry of Brooklyn Center, Minnesota. The project area is approximately bound by I-94/I-694 on the north, TH 100 on the east and south, and by Xerxes Avenue North on the west (see Figure 1). J 7 y F 't� e��Fr�2« Y7� t p yP1� z "�rtt .ya .t2� y�".� �j� ��'!+.ry T�'F ii a'f }�G�� t'�, ro' �r. h W}L'i� y 1, ��°,�K'4�'. at. h,� I if la t 9 �i I, p� '7 Y' ��i: ;!�f`�;r F�if ,��.�1��?"" �r, 7fs1- i ':��t! r� I 4fi,. tt �:.i ,':aiMi�J.:.tl kr�`I x,+. X .fY ��u F,t, ?�r_' r r---- j J J n v .a k SY' k Y ,�t t., b,�. t r i� ,+,r Y �ct�e t �`a�.i�t`t ��I.�� ,i ��ti i C'i' °�F-� �.t^'��:,. w�',��.i �{�'tm:�� j r ti�a` 1 rr�� w a� t�M 1 a w� ci t I mW t ��r �C�� s�� f ��1'1 "�r .:e.u- 4A`jRi�a.�• ..�r[3 �V� T�''[ �v J I f�?�� `i��.Ti��. '5 �.�.�id�M� �.�+,f'�.�k.i�d^ �.'lZ�� a i S r� r .M [t tl�< T s ,i?�� Tr �fT� R� I P T �q/ �7 4 r (1�i3' c`�'l: F°�', .�'�1''�'+��'' 1 7 `.t. 4�! :r"`r.a ii iT� 4nM! ��'4'.i ,I l�. i. �R�Y .L i�� Y �fi� yS�:.��„' �°f�►�.�t`�..�� r J K L 1'� yR t �,�,,i;��; i' ��i� cy�,, �!':tF�p� I i 'y z�t.4c �i r l_�` ��`j e .:.a•�� i. •r r �"�,y �i �t 3 •<•�a�,' j.r,r r+ F y-1' L i�. t t;'- _+'�:�.�r• �',i ,�i� �i F �tiQ x �a a� i�, �rj �r t3w�� et Ij��.H2'�/�V�L'liti v ��0&7* ,�"��`I i�'� �1� r r �.��`,:r ;r��•�: -,�.�tF s s�-��.: t t y l J �c,,� y L �y 1 y� t��te �+i�'�: Y,� '�x` �'1 t It��°..'� x yr sr.� v de yr' ca T° i e� s n,. i q. f�..'i �M'.�•'� ��t� �i'�.`�� 'S t' s 7 i ^j t �.��,i Y;, �s� r 9z� 4 i 'F Y s I�r �'F!`,y��Y�i� f' 1 �.'#cd:° 'I� ��;v at� ix+•,,. �}E'f y4 i �+*o��, a. a F, t� W t L .t�l� t .L: r ,-�x t��" i.l�t �.,�:j v ';�r s. t s t h�. M N,- �r s b�' Le end "t� s 9 'a et�'1�r j Trail �t; a� i .i� I a ,�"i •.t' rI•� y Proposed Trail .4 .l� i Pn�y �'�t L b° Q, �t I .r. t 'i� �i�� K k Bus Route r. y._ CityBoundary y t;' �M �'�y,`'� °�xit Area ,3t W �f 1 �.�4,�-wtv` J FOCUS f a i,,, ��.;t s{� �:°_}is a '��kt e a I,,�a �f�j �Nu1'�.�; t� 4 y;,. a 1:'� �ft �i plS.r•z.. .cl .ia. �o�� t� ti'l�,�, i' ri g�h i �sy< C��•�l�74�r��M.�' �.f�..b?j t 4./ti�.�F�i�;!l� t ��.1�. ,�.•,s"e�%r�'ti%s'n�.,+ Doylighting Shingle Creek �_.�.�_Y ,4- 1 1�!�=; �irC-�� ;�.�rur�uni[yUJor4s5�vTronsit i ..yinte�r b:�a� 'r� Project Background In 1910, Shingle Creek was channelized from its natural meandering alignment and wetland �URE 2: 1 855 (�rec� characteristics to promote development. Figure 1• f�7�TR �/j'/• Approximute PPOjett 2 is a copy of a public land survey map created r Area Boundries in 1855. The approximate project area boundar- f° '"r�`�'�--�d ,::.�er. ies have been laid over the image. In order to _�_.,;,t •r 1 �••,r •�••x �I make way for the expansion of the Brookdale 4 w r. ,.iri i rr .e a. _iai .r rr ir Shopping Center in the late 1960s, a 900 foot r ,r,.;�. 1 r-S�.sry.f, ,.r..�% section of the creek was routed into a culvert ff P 1 and buried under the mall parking lot. 'x" y }a^' 4 NNii J:/�� The area successfully funcuoned as the primary �.1� retail hub in the northwest Minneapolis met- M .r.. S ti� :..t� ropolitan area for a number of years. However, .�w.., recently existing buildings have been under ,�;,,:p. .ti. .k..tr. 1 utilized. As a result, it has been the subject of f ..w.-.� several investigations about how to revitalize the r area. 4 �a- Concurrent with the revitalization studies, -St�l-. Hennepin Counry's Department of Housing, Community Works, and Transit investigated opportunities within the County to daylight buried creeks. As depicted in Figure 3, daylight- r,,, ing of creeks within the County can achieve the r�� r;i County's goals of building up the tax base of private parcels through strategic investments in public realm and infrastructure elements that simultaneously: Spur economic development, Improve livability and quality of life for area residents, and i�'. Enhance natural systems. The Hennepin County Department of Hous- ing, Communiry Works, and Transit retained Cornejo Consulting to examine the feasibility of daylighting several creeks within the County, which resulted in a report titled, Daylighting Creeks in Hennepin County: Alternative Imple- mentation Strategies for Daylighting Portions of Do�lighting Shingl� Creek 2 �p "�+i�r.��.. {��p�?+ i y a�. j?' �r rer- �-t H-�_,irq, ,�rom�_� 4� LJor-� .0 F Bassett Creek, Shingle, and Bridal i/eil Creek (2005). The outcome of the initial study indicated that the daylighting of portions of three creeks had the potential to achieve the Counry's economic, environmental, and social goals and should be investigated further, which resulted in a report titled, Daylighting Creeks in Heraraepin County: Recommended Locations for Feasibility Study Cornejo Consulting (2006). This study builds on the findings of these previous reports by performing a feasibility study of daylighting Shingle Creek adjacent to Brookdale Mall and making additional enhancements to the creek between I-694 and the southern city limits. Project Goals The study's goal is ro arrive upon a physical framework and a feasibiliry analysis for daylighting Shingle Creek with a clear understanding of phasing, funding, and roles for implementation that would be of immediate benefit to Brooklyn Center, the area's ta�c base, and Hennepin Counry. The framework must be visionary but grounded in fiscal and technical realiry. It should respect the land use and developmenr recommc:ndations made in prior studies while providing addi- tional detail for public and private initiatives. Process and Participation The project was organized into three phases: Phase I: Initial Discussion and Fact Finding During this phase, two work sessions were held between Hennepin Counry and Brooklyn Center, where the City pro- vided information regarding the study area and work previously completed. The County shared the findings of previ- ous research performed by Dan Cornejo on daylighting creeks in Hennepin County as an economic development tool. The Ciry also reviewed prior studies completed including the Brooklyn Center Opportuniry Site Study (Calt- horpe-2003) and the Opportunity Site Master Plan and Development Guidelines (Damon Farber Associates-2006). Appendix A provides a summary of each study's goals and objectives related to area infrastructure. At the conclusion of Phase I, the Counry and City agreed to pursue analysis and concept development for daylighting and enhancing Shingle Creek in the project area. Phase II: Analysis of Baseline Conditions The analysis process began with reviewing previous plans and studies and conducting work sessions with the City of Brooklyn Center, Hennepin County staff, and its daylighting consultant. Through these exercises, the project team gained a solid understanding of the current issues and future goals surrounding the study area. The major issues, challenges, and opportunities were summarized from these efforts and documented. The project team then researched local and national design precedents to help project stakeholders visualize the possible design opportunities. The project team summarized the physical constraints of the study area, which aided in defining the extent of future design proposals. Project objectives were established that guided design alternative development and provided criteria on which to evaluate the concept alternatives. Phase II culminated in the development of several concept alternatives that were then refined into a preferred alterna- tive with subreach options based on stakeholder input. Phase III: Casting the Vision The third phase of the project entailed a more detailed analysis of the preferred alternative to better test the feasibility of the creek daylighting and enhancement concepts brought forward in the preferred alternative. A level of magnitude cost estimate was prepared for the preferred alternative, along with resulting planning principles and implementation phasing recommendations. 3 The following table provides a summary of County/City work sessions that were held during the first two phases of the project: 1 October 29, 2007 Kick-off �lccting 1 I December 4, 2007 Project Information/ Scoping Meeting 2 I February 6, 2008 Existing Conditions, Issue Opportunities, Precedents 2 I March 4, 2008 I Draft Memo, Parking, Min/Mid/Max Concepts 2 I March 26, 2008 First Draft of PreFerred Alternative 3 I May 14, 2008 I Refined Draft of Preferred Alternative Previous Studies The studies and plans below were reviewed to provide a knowledge base of the current state of, plans for, and issues sur- rounding Shingle Creek: Review of Opportunity Site Master Plan and Development Guidelines City of Brooklyn Center/Loucks Associates (2008) Smart Growth Twin Cities: Brooklyn Center Opporturaity Site Metropolitan Council/Calthorpe Associates (2003) Opportunity Site Mccster Plan and Development Guidelines City of Brooklyn Center/Damon Farber Associates (2006) Shingle Creek Corridor Study Shingle Creek Watershed Management Commission/Wenck Associates (2005) Shingle Creek Chloride TMDL Report— Shingle Creek Watershed Management Commission/Minnesota Pollution Control Agency/Wenck Associates (2006) Shingle Creek and West Mississippi Watershed Management Commissions Second Generation Management Plan (2004, 2007) Shingle Creek Watershed Management Commission 2006Annual Report Flood Insurance Study for Hennepin County, Minnesota, [/olumes 1 and 2— Federal Emergenry Management Agenry (September 2, 2004, number 27053CVOOlA) Brooklyn Center Comprehensive Plan 2020 Brooklyn Center (2000) First Tier Trails, Greenways, and Parks Ma.ster Plan Suburban Hennepin Regional Park District/SRF Consulting Group, Inc. (2000) Da�lighting Shingla Creek 4 C:_� u C:_ rtT�en� �f Housiny. Cummu��t�, U1�r� T�;�ns�t Precedents Projects As part of initial investigations performed by Cornejo Consulting, site visits were per- formed at the following nationally recognized daylighting projects to better understand their associated successes and failures and to learn if the techniques employed were ap- plicable in the Minneapolis/Saint Paul metropolitan area: Strawberry Creek, Berkeley, CA Ravenna Creek, Seattle, WA Blackberry Creek, Berkeley, CA Thornton Creek, Seattle, WA Village Creek, Albany, CA Westerly Creek, Denver, CO Cordornices Creek, Berkeley, CA Cherry Creek, Denver, CO While all of the projects could be evaluated as successful in terms of providing environ- mental, recreational, and aesthetic benefits to the communities in which they were day- lighted, one project in particular, Thornton Creek in Seattle, provided a strong precedent for the Shingle Creek project. This six acre site, which previously functioned as a mall parking lot, was transformed into a pedestrian-friendly, mixed-use development consisting of residential, retail, entertainment, and open space that was organized around the newly daylighted Thornton Creek. I Locally, the Village Creek development in the City of Brooklyn Park was also reviewed as it had recently completed Shingle Creek enhancements. This project proved to be quite informative as the restored creek was now functioning as a community ameniry that sup- ported redevelopment activity adjacent to the creek (see F�igure 4). Creek Components Research was also performed on various creek-oriented projects to evaluate various creek components and to determine the appropriate creek character and aesthetic the City found desirable. A representative list of topics addressed in Figures 5- 8 include: Appropriate riparian vegetation Placement of stones to assist in creek aeration and habitat provision •\/egetated creek banks versus structural edges Integration of stormwater management Fish ladders 5 v F�vU(;� �r: '��i]la<,;c ("��,:I�; Uevelo�ment, City ot l3ruol.lyn 1'ark .r.. Brooklyn ParM Village Creek u.:.��Cr. ift�.[� w�a r a' 'f'�.._ r �„�,.'IC�B ry`�' Y "•�,i �1S :r �!1 �I �(II�' e uii+F i BROOK t_i.�s A Two-Story Commercial Building t 37.000 S uare Feet O�ceslRet� j j h �s B VeRical Mixed-Use Building �c`�� E J� '5,000 Sq. Ft. 1s' Floor Retail �,Qt. I 41 Totai Dwelling Units I C Vertical Mixed-Use Building �!s;. 15,000 Sq. FL 1 Floor Retail 4�• y p I'! G 41 Total Dwelling Units I s 'J Townhouses a p S !3 y'!�a �Y 73 Urban Townhouses a 84 2-Story Townhouses 2� �i` �.r r� j�tH a.r;''► _'",...�z..ars 0 ...�d '��t!!� 7 ti `+y �£e f, j l 1 i v A-. 1 Source: Ryland Homes, Beard Group, Elness Graham Architects, Inc., Ciry of Brooklyn Park Daylighting Shingle Creek 6 p v c,,...�._,.,�...,..i„ ,.:,r�,r,'i20i�CC., r:_..__..�.-,. FII. L 1. Trees provide shade for 2. Restored meanders and fish habitat while allowing native plants. (Applied River O r;, sunlight into understory Morphology, Colorado) ?',r' to provide denser bank- 3. Rocks allow for aeration and r' stabilizing vegetation. grade transition. (Brooklyn •b� t i' r (Brooklyn Park) Park) 4 Y` s 4. Restored pool and riffle f f Q sequence. (Brooklyn Park) ti a�,�� 2 y e t F�- i Y i .W 7� I t��P t' �i�• ��d r L �f. f�!. 1 f 9 ��4� Y f ;I{ �r a� r x� +r w F a h�� f R r; x t '...t s ��W Y� tif` s� 1G �r, a��;� 1.� y� ;x; `�j_;'t'1' j �C3 ,y+! f 1' s �,y `�`c�� R-�'.�. `�,."'7L� ��.�y� z-� yd f �_��q� y�tp.',l 1�,�`� F J 's�* I� c.� P r J_ !�^+i �f►tirs� q sr s, ti s *ic: w .�eVIrS. h�l, a S .�1. k A� �1 �.i�t f O sA ,.s�'��~ i 3 t 1 I� I� I�d ._Y«- �c. rP a A s �i� ,..r. �r L, A ..,_�'r r �'�a"'"�,sn, `Y Y fr�efa`� �y f a a y_ ii: y r A �'ri: +'-'a'� "s` �s :9rk� ,�rx- `K 'r�,� u� r s :':.r .�it ;k.''��.:" 7 :ti s'• .K I.._ i �C'�' I'r� �c�ca.let,t,: �r��•�!. 1�� i:�tu�tg as Arneitity. 1. Creek restoration creates a n O unique community space. �r (Cherry Creek, Denver, C0) t ,z1 2-3. Creek creates a focal point for the public realm. (Breckenridge, C0) 4. Waterway used as an amenity `""�....��R� q for residential development. .y �wai�� rM�:.: ?Gi, (Centennial Lakes, Edina) 5. Integrating daylighting into site design and redevelopment. (Thornton ��•ti�... Creek, Seattle, WA) 6. Waterway design with a hard �""�,tr,� edge,trees,andpathways. (Centennial Lakes, Edina) i O ;P��_ 4 e -t ti a 4 �.7'�JS'r� f. i� a r o ��ti j f ;i x� r �.P� 1� :a, =a� a i Y r�e i�:i�� srr+�r 6 5 �s�•�,.�,..�-�� I G s z l�f; y J'i t �;s,' y _�y q 1 ^'SrFr� J 1 t` 1 w. y �-cF- i�. f S .ir V �e r t �f y x t r f :t.� e :�?;c� 'a ,�;a, k v�*� t r N r Fj f s I I fi W 4 �Z l Z w l a n� ,v i r� J�� =...c-- M r '�r�,� �t.. q r 1 ,�1 t r�. A... j a x o �7� a� L° p 1�" �3' e�...rx� _r �,:7; i i n s f r yY l"= 1 hf�lf.blh$TREET J k 8 er��p�,�n Coun 9 a li htin Shin le Cree �a, 1. Fish ladder with natural bank. (Federal Way, WA) z f-• 1 2. Fish ladderwith channelized ��r� ='ti ��f r. bank. (Massachusetts) r�;� r?�, �'4M'Y± i t 3. Centralized community '�`;y�► ,.,,r.�_... t ;s'n "'�'�5e -u ��tf't stormwater pond. (Heritage r 's I� a�af b Park,Minneapolis) �4 4. Depressed boulevard with r 3 rainwater garden. (Seattle, t} WA) ,�r 1•; S. Depressed median with ��4 dry stream bed design. a `'t�; (Vancouver, BC) '-M �1- 6. Depressed planting strip cross-section. (City of f t� Portland, OR) E ':t' e,. O �k� n vr''he:...�� f!� f T r I 'P �M.� ii i', !1� �{3 r r_ _.p j a r w r s .a i Ir ,'�.`�t s�. 3 4 4 Y `";v�, �s r .1 '�A!� x� f �.l� w s �4 ..x4 "�i#"' t� �fy ��`al'' iy M 1�t"�� sl.'' r i _�„y�,'T r e: '�.�'Y� Z�"'`-� y A- r ;�:c F, ,y. w� 7 �!!S :�r� G� •R:s` r i"A" z i O 5 6 b 3� �r� t� "�Hfa. "s- ,�y' 0/[N CMAH7�IEL IN 2�� 6' ROUND i: MEAf OF CURC IIIVFR NOCK CUTS SURfACE UYER. 6 CURY AND iNKN. W/ CNECN DAMS EVERY I I ,,e..' GUITFIf W/ l� f CUIPS CU1S SIOEWALK ��'m��.p.�'�r' �r •�'f✓• S7REET I[ M�/ O y 3 4 �j '�F n MI!1- _I 1 �``r. I I AvG. 3/4 18 �fAtOWM/G �;v;„, oa�w aocK t �rnuet a ws son fILTER FARMC x e�?r'. store ro ortnw 7 �y A1VAY FROM s 8 MIN 6"PERF NC RPE g 1-3. Stormwater street planters. 1 f T -1 (Portland,OR) 1 O 4. Sidewalk with structural soil for street trees and stormwater treatment. (City Trees TreeTrust B n r o est oo) S. Flow!through planter. Planter 2 ;H Planter s Ptanter 4_ (Portland, OR) ��I 6. Curb bump-out infiltration `,'r' plantec (Portland, OR) x 4 r f r ra�,:.. t MQ r�'�` RJ nr� :r: 4 11 j i 11 i E� 1 I 1 111 Y ,a 's� �f `4�t y T 'rw. Vc'�. .i r ,..t -i l �.T J 1 4 `i t L! l�C j, y L: j y: r f ;��1 7 6 M BUILDING Y OOWNSPOUTOR OTHER CONVEYANCE 1 SYSTEM OVERFLOW sw r ewow Y� f mn w Wancc. i 1 j �._a.f Y :�,i I r y f� t' SPLASNROCKS ��'�ti vi�l 18 GROWING BLOCK 1 �f i Qh I I MEDIUN FIITER H18RIC +pw I L �C T GR�AVEL W. I tI' i��e� sra-M euunu�lC,�� i �t; `°�i� ts• °q,.,. ioporea 11 y J �"y"a fASNEEDEDI r� ,�'I�'i�i• ��'a� i FOUNqATlON ORAINS i t PERFORATED PIPE 1� RE�UIREDI ,.r f '�M �o un iergtn or piam« t PISPOSALPPOINT 1 ��r. Daylighting Shingl� Cre�k 10 �+.�c;�2.� n Ca.�r_4 Do ;ortment of Housing. Communrt� U.lorks 6 Tronsit Existing Character Although Shingle Creek runs through the project area, its potential impact as an ameniry to the surrounding area is diminished. The reaso�is for this c�in be attributed to the fol- lowing factors: North of Bass Lake Road much of the creek is hidden frorn view by dense stands of trees and shrubs. Furthermore, in this area, the creek is constrained by the adjacent Shingle Creek Parkway and adjacent private residences. Opportunities for public ac- cess are limited. Between Bass Lake Road and TH 100, the creek is underground. As shown in Figure 9, there are trails along the portion of the creek located in Central Park at the north end of the project area, and the creek runs through a public golf course at the south end of the project area. The park is well-used and hosts major community events, such as an annual fishing contest. Land Use and Circulation The primary land use in the project area is commercial, which reflects the area's past as a regional retail center for the northwest metropolitan area. Many of these parcels are now vacant or under utilized. The Hennepin County Government County Service Center is a significant destination within the project area that highlights ecologically sensitive design principles and provides educational opportunities for visitors. Adjacent to the Government Center and City Hall, the City has developed Central Park into a commu- nity amenity that provides both active and passive recreational opportunities. Both the Government Center and Central Park create an identiry for the project area that should inform and guide future development. The area is at the center of major transportation routes, including I-94, I-694, TH 100 and Brooklyn Boulevard. While the freeways provide visual exposure for businesses locat- ed adjacent to them, such as the mall and Earle Brown Heritage Center, knowing which freeway exit to take to access these areas is not intuitive, making wayfinding difficult. Two pedestrian bridges cross TH 100: one connecting at the Brookdale Mall parcel and the other connecting north of Bass Lake Road in the Opportunity Site. The existing Shingle Creek Trail links a chain of parks from Palmer Lake in the north to Central Park and south to Centerbrook Golf Course and Lion°s Park. A future regional trail is proposed to run east-west through the study area and connect to trails along the Mississippi River. Figure 10 illustrates the current land uses, along with major roadways and their associ- ated traffic volumes, within the project area. See Appendix C for an inventory of parcels as of April 17, 2008 within the Opportuniry Site. 11 d FIGURE 9� C'urrent Cot�diti�ns ,r,,,.: �a`# ,:'i'�� i�� 1 _e` y r ��"'V+�..� Y t �l� t� Y y s 4� if� r a� �f� G n 7�'r(°��'��.". 4�� s ,�y ._',.�N •t yy a r- 'j' f 1�• 1 7`Ti r a „r f t. a. 3 ��,'kR:", r 6 9 K�: r y ��I ]1 4' ti A1L 1 1 10 S!t'�"'. �.�5-.�� JJ a y r I �e i �ii1� r. a r si t' s,� y a!I �i 4f r�'�� i a .C? i� .��1.r I r P 1 t.:1 :S'�.l�y` '��r r7 �Y j r� y F.=.. �s! �y V `i .1 i V 1 1 �i l 4 t �9 wi�4:+�j�� r' l' Y t j n fi w'' `w �k •��f! r Y" �f vy a� f s ��'1: 1 9 L�*�l• I� ��H f i19.;_ 1 1 ,3' nr r r s R 4 �1 x y f ��1;.��'� x j �t r:.�� r4 I j '�'r.a' AI1M1U..e 1� r „ty t u S 1 y .'(,r r �.t rr �{'X .1"- i Lr 'T��, c r� .r?:_ 6 I �$�'tt. �J 5 6 �a�� 7 E,� i r> a,: w I�� p i r r r �'i 4 t r �r r�" L Y r fi z., ;a.. rF tt� .�,t p c" �8 -1 t Y 3' L �='r� I i I I Y J r 3 s 1 �i �f� I! �y., i 'r� I 6 t f 1..' r i"'� P�' ri J �,f�. c, r� `i W e r v�! 7 8 z� r� a� ��l r r ��'1ii �i' 3 �w��x;; 'x I 1 +.�,�rt+�ti+r .r.�r aa":w.-�. ��3 '�'��,t";�►� ,c�, "��t,..A!; 1 rys i k P ��.1 ��rr, `�h ^��,b'p,d�► f� c �,�1 ••y R �a P E' 4. �t i. F� �''z's�.�� qi�i.�� -.3Y�i"�1�� _�/�.e�? ��";�'f�:�'� no�lighting Shingle Creek 12 Hennepin CountU ep�rtment of Housin C� D g, ommunit4 UJorks Transit i,��E 10�. ?OO� �l�r.il�(ic`� ��-r� Gsth F Legend e x` ee ��.P' �.85th Ave A Q`ar/ m TRAFFIC 2006 (AADT) a 128J0 8116 a 2005 GENERALIZED LAND USE 3 t: r D Q t o t� t y Fartnsteatl Poe Rd 64th Ave Z �'�64th Av l /.l a i�`gx 0 v� SeasonalNacafion y O Henry Rd Single Famiry Detached 63rd Ave r o f ��0 118000 Manufactured Housing Park aa3s s�ao� �o Q M �mf---- r' �a+'� Single FamilyAttached E m Nash Rd D �tlR Multifamily c 82ndAve a o 62 ndAve q�, r ir��Y�c_' o Office Janet La R 4295 m ReWil and Other Commercial l-� .�,�,'r a m Mixed Use Residential 61stAve 81stAve "�a 9 Mixed Use IndusMal CommodoreLa c. 60th Ave O Mixed Use Commercial and Other O y p x m c r� `S�'� �O Industrial and Utility y Q Q Y a 4�• m a�i Q I� o L U Eztractive r m m y y A �o, O 59th Ave Institutional m m Q N 3 5 Park. Recrealional or Preserve E Q W ..5 Ave �W e� 58th Ave GoN Course 1 'O� Major Highway f a o 13821 15974 Railway 57LhAve m p 7344 L Airyort Agricultural a d e .a�� m Undeveloped 6th Ave ��c' S6th Ave -1 �O N J a9 Water LL ''t �MUNICIPALBORDERS o S ENcon Dr o i i i r'1'( f 55 Ave a n a F th A 55th Avc d c 5 tn nve z E Data Source: Metropolitan Councii, MnIDOT 0. th Ave a 2 1 d' Q m r1 a: a Sdth Ave 53rd PI o �3; 8� a c m o Q' f ..`�o I 4 N o o I Miles 1 353 g3rdAve 53rdAve,� i ��C O Y I .e�, f .t.. 1 I k f I I G �i V �.�aJ �.25 0.5 13 Existing Storm Drain System Figure 11 depicts the existing storm drain system Eor the project area. It provides key information regarding where surface runoff ultimately outlets from the storm drain system. In some instances, the direction of flow in the storm drain system is opposite that of the topography. Particular issues relating to the existing storm drain system include: A Ciry project routed runoff from the portion of the mall parcel west of the box culvert away from the box culvert and into stormwater treatment ponds located in Centerbrook Golf Course prior to its release back into Shingle Creek. Concepts for enhancements ro the creek within the golf course should avoid impaas to the ponds or mitigate any impacts in kind. A small stormwater treatment device is located in the Kohl's parking lot. If this parcel is reconstructed as part of the daylighting project, the function of the device would be replaced. A majoriry of the runoff from the residential neighborhood west of Central Park is treated with a proprietary under- ground stormwater treatment system before the water is released into Shingle Creek. The remaining stormwater run- off from the neighborhood is not treated prior to entering Shingle Creek. If practicable, concepts for enhancements to the creek in this reach should incorporate a regional treatment device for the previously untreated residential area. The northern portion of the Opportuniry Site is treated either in local storm ponds, a proprietary underground stormwater treatment system, or Mn/DOT stormwater ponds along I-94/I-694 before being carried north to 65th Street where it enters the Mississippi River. Grading and storm drain modifications should not increase the peak dis- charge rate to the existing proprietary underground stormwater treatment device or to the existing Mn/DOT storm- water ponds. Modifications should not increase the area draining to the existing Mn/DOT stormwater ponds. Of major concern to the Shingle Creek Watershed Management Commission is the large southern portion of the Op- portuniry Site where runoff is currently is not being treated properly before it enters Shingle Creek. Concepts for the creek daylighting should include areas to be set aside for stormwater treatment. An overflow system allows high Aows from Shingle Creek to Aow north to the Mississippi River via storm sewer. Grading and storm drain modifications should not adversely affect the functioning of the overflow system. Shingle Creek Reach Introduction The project area contains Reaches 1 and 2 of Shingle Creek, as defined by the Shingle Creek Watershed District. �a�.:«�: i� I��ca�c�1 b�[��cen [tl� .�linn�.t�>ulisilirc�ul: .._.c:,� u b�tu��l��l �1��nsu�c.im b,� [I�� cir.0 C.c�unt} lyn Cenrer border and County Road 10. The lower Road 10 and upstream by Interstate 94/694. It is straight- two-thirds of this reach are within the Centerbrook ened with a silty bottom. In the early 1980s the old ditch I Golf Course while the upper third is confined in a through Brooklyn Center's Central Park was filled and 900-foot long box culvert below the Brookdale Shop- a new wide, meandered channel was constructed to the ping Center parking lot. The segment through the west. Most of the reach Aows through riparian wetland or golf course is straightened with a silty bottom and a parkland. A backwater channel constructed around the 50 percent tree canopy that is mostly located on the Brooklyn Cenrer Civic Center provides additional flood west side of the reach. storage, and a weir provides an emergency overRow to a storm sewer system Aowing to the Mississippi River. Shingle Creek D��lighting 4 n 4 y y ,,,r ��zn��zo n Cour.�_ Caa�rtmc,nt oF Housing, Comm��y tiJ a"Irc�n�. id�> >�t�� a�t3o 1 e y t c'R! Y ti.. 4'� f t y 1 �r i 'i.�� r� j 'j -qg '1 r �/.69 1 4 t w �.�5�� L v j `ti M i. T'r Y y r .4' f I .s:=' '�-r t f r�, t y r r ti t 1 1 i_.. i i r. r•,� a.. i y T 3,�_,r--- -Y r� 1 i i <Q f l. a .-•w ,i� s -c t ---I i I� ti t Z L' `y s.. x. 'Q�� t'} f i.. y y 1� -fM y» r �S 4 .t"-w' f t M r1!� Z K"'� j t,r�' n z� s f 1 j �1 Bass Lake Road v c s ...r S y y� 1 ��wo� .iF i r Y M t �--J I �i r....,. Y ��O �r t..r 1 �;;r 'st 1 nt ��y a�}�- .r �-•---.3 �i r s. L :,e....,,� s ..1 i ,i...L.� 1 I d, 3 e O r. ti r I F, 7 A Leyend SSTM TflUNN TO ftNER SU(3ROUNDING CITIES 59TH 7RUNN TO HIVER SNINGLE CREEN S }O�� CI BSTHTRVfd(TORNER PON018-00� r W OOIF COUR3E PONOS SM�LI STORM WATER PONOS Gyderooktyncenrer wcHwArs 15 :�<�;-t$��;��.' The project team further subdivided each reach into two sections based on site conditions. This facilitated analysis by breaking down the creek into smaller sections, isolated by com- mon physical characteristics. The sections of the creek are as follows (See Figure 12): Reach la. This section contains the area from the Brooklyn Center/Minneapolis border to the point at which Shingle Creek emerges from the underground culvert north of TH 100. Here the creek is a relatively straight waterway with a slight bend close to 53rd Street. The creek is surrounded by the Centerbrook Golf Course and Lion's Park throughout this section. Reach lb. This section is the area of the creek contained in a large box culvert under Brookdale Shopping Center from the outlet south of the parking lot to the weir struc- ture. Reach 2a. This includes the straight section of creek from the weir at the Brookdale Center Parking Lot to the inlet from Central Park West. The southern part is con- strained by adjacent private properry and infrastructure and the northern part of this section is wetland. Reach 2b. This section ranges from the inlet from Central Park West to I-694. This sec- tion meanders through Central Park and contains adjacent stormwater ponds. Reach Issues, Challenges, and Opportunities Issues and Challenges As stated earlier, for approximately one half of the project area, the creek provides little ameniry value to the community. Previous studies of the creek indicate that the creek is cur- rently facing the following challenges: Minimal desirable fish habitat. Poor water quality is contributing to a rough fish population. The creek is impaired by high chloride levels, low fish biotic integriry, and low dissolved mcygen. The current streambed does not allow for aeration of the water. There is a minimal relationship between the creek and adjacent land uses. Figure 13 provides additional issues and challenges associate with each creek subreach. naylighting Shingle Cr��k 16 ,>r n i, G- [Tt�rc of Housing. Comrn�n�[4 LJurns �v Tr�nsit �y 's b rr t"��.. 4 ,,,��..i Reach 2b e .,ti w Begins south of I-694 Creek meanders through parks 2 t Side channels and pools ��s�, E- �r 1 "a +�+�"A Y f �ir '�y y�� i).' i �,,.x r -----�n 1 q �fq�, [r.�� r! y° 1 y?, �j 1„i�'•'e�' ite Y.':�� iV �C' i y�+��T,;.' r* 9 i I N Z yx',r rr" y4 ��j. G� I�� ti x r y A c i� i r Reach 2a T'':�' r .r� Y.' 5 y 4.. Begins where Creek straightens j z Straight waterway 1" ;s�f 13.r' Moves through wetland and �1�' ��L r: j� woodedarea 4 Relatively close private property t�" f �y I} a �-r �I ;�a-; J R ;'�r'� j i.�' 4- y 1 r .�Y i i M f.} ~w 4 f 1 4 Y z� �.�f i� y �ti a9r% r j3�� r r �1F5 ..-r �i� :,y ��i x a i f'�� 1 M� I� 'i k t F�v'� B Reach 1 b r r r Begins south of CR 10 at weir "�5�' structure '�r� Runs under Mall parking lot r� t No adjacent open space ,�r No public right-of-way T y B f :�R�'�s", `a t f ,��;`�`r f ��r' r �r� 't:"F�`M tf'�'�r��. a 'a ��t y y(�� n ;F f �'t., i( z t ts� a /�1`u�"'' ��rv�� R �J r y ��k�,�l Reach 1a y.., a� 1 A r Begins on the north side of TH I� t:, C rf"'!.'��;, r�,l,-�"P' 1�0 '�ri x ��F i' �r' Strai ht waterwa r' ;3 0�� r g Y A a T �r� �.C•'��; Runs through golf course s r Treats stormwater runoff from i f ,''�Tr� Mall area r �'�a ti� ,c,�� -t �T"�� =��'�'!�i _I '�t=.. t X a+�� g P�.�r',`� PP 'Sl�ri'.j�,��A3�M�:J�7��e�� 17 ��.v:;�;t y i, k�:., FIGURE 1 r��,�.�� F,,.� rF,-,��E�o,�>,- ``'?C General Reach 2b Little desirable fish habitat 1. Limited park exposure I Poor water quality contributes 2. Creek separates active park y r,;, r--�. to rough fish population areas a E t Storm outfalls can pose creek 3. Park is in the floodplain, aesthetic and water ualit leadin to intermittent storm q Y 9 :•C` ,r�, �,�1 issues flooding (nuisanceflooding) Creek contributes little amenity N, �t.��cv�t c..l value to community a M Creek is impaired by high x r 1': r .r. r chloride levels, low fish biotic Reach 2a t«�;� r� integrity, and low dissolved 4. Creek aesthetic compromised �i oxygen by channelization Streambed material does not S. Creek access and contact is 1 q-��' allow for aeration limited T x A ;'z T Adjacent streets and parking lots 6. Hi h concentration of ti�`� contribute to chloride pollution i pervious surfaces in adjacent 1 l �1 r Y ;4•- Minimal relationship between land uses 4 �;��f creek and adjacent land uses 7. Narrow right-of-way limits J opportunities for restoring c� creek meanders and buffers z �'a �s �.-�!I 8. No direct visual connection k between Shingle Creek �x r 4 �y. k •1 a r 1� Parkway and creek v_� y '�R.;,r Reach 1 b .F 9. Roa dway bri dge a l lows litt le ��j connection to creek M; �i j 10. Vertical grade control �"'�'"r"' t .,�«,...P k: �i" structure I =z•�-- f"::e�,.�,� 11. Creek creates no amenity T 9 w s� r value for Mall i'' il 12. Mall parking shortage (per i�.-� zoning) may limit space for 4 r daylighting creek 12 13 r €`rs ',',t�. 1 x�r�, r'-., 13. No creek right-of-way or r �'s` easement 14 a ,�v: �?fi 't ,t ,M �'�c r i a U 14. Long box culvert acts as a s r rt barriertofish Y Reach 1 a r' r F�^ i-�� i s �,.�e�fr� 15. Community access challenges a i;� C*; s�� f="� r��+ due to golf course n 16. No visua l connection between ��,�"�i� �'�j� d ��r��,�. j��:,�'� t;� j trail and creek ,�i ,��a rn„ dA. 17. Golf course turf management wN 9 �i�� 1 could contribute to ':18 �r�,� 'r �4 ,r'`.� degradation t �u�' r t��` `�'�-�N'��F 1 r7� ,r3,. r 18. Narrow, non-native vegetative buffersingolfcourse A; Doylighting Shingle Creek 18 1 H�nnepin Count�� Depc�rtment of Housing, Communit4 UJorks Tronsit Opportunities Opportunities for each subreach of Shingle Creek were developed from goals of previ- ous studies and plans and input from stakeholders and as remedies to current challeng- es. Similar to the issues and challenges, the opportunities were organized into general and subreach categories and mapped as shown in F�igure 14. As part of the precedent research, two overarching design thernes influenced the initial concepts that were developed: GreenBlue Infrastructure (See Figure 15): Green infrastructure includes land- scaped open space, park, street trees, and boulevards. Ir involves integrating green space and plants into the network of streets as well as private development. Likewise, blue infrastructure includes streams, lakes, ponds, and stormwater treatment. It uses stormwater as an amenity by integrating stormwater management into street and site designs. Creek Restoration and Daylighting (See Figure 16): Creek restoration and day- lighting involves restoring the water qualiry, ecosystem, and high and low How pat- terns of a degraded waterway. Constraints When developing concepts for creek enhancements and day�lighting, the following general assumptions regarding existing constraints limited the extent of any proposed enhancements: Central Park and Centerbrook Golf Course are developed communiry amenities requiring little change. The basic street and roadway framework will be maintained. Ciry Hall and Hennepin County Government Center will remain as a civic center. General drainage patterns will dictate stormwater Row direction. Land development changes will likely be limited to the Opportuniry Site and the Brookdale Mall site. Sufficient surface parking would be supplied for all proposed land uses. It was as- sumed that all land uses that resulted in the need for structured parking would not be financially feasible for this area, given current land values. Parking is addressed in further detail in Chapter 4 and Appendix B. 19 i i General t Reach 2b y- �k s Create creek pools and riffles 1. Reduce stormwater runoff r,, ,''J �w 1 to increase oxygen content volumes and peak flows r and improve fish habitat thus 2. Strengthen pedestrian i j increasing fishing opportunities connection to Earle Brown Increase visibility of creek Heritage Center Y' �c' t .i' through vegetation ''�s�1'��.,; 4. management �='a t t �,...t ry I :+i Create better linkages across creek between residential areas �y 4 Make the creek the aesthetic `;1 "ti? F' l F Reach 2a ��s a and functional focal point, not G /,�C�� the back yard 3. Remove invasive plant species -"_'F 9i 4. Reintroduce meanders where x Creek corridor could become b� s aceallows v�; .•4 �,i� 'W greenway for regional trails P Improve water quality 5. Use stormwater as an amenity o Reduce im ervious surfaces and create creek connections t p 1�. I Encourage low impact 9 f M with reen infrastructure 4 0 -f- 1_' development with 6. Improve pool/riffle regime for ,.'i environmentally friendly improved oxygen and habitat 7. Createre ionalidentit infrustructure enhancements 9 Y through green infrastructure and development design r 8. Re-establish ve etative buffers ��z�� •'r,t 9. Reduce nutriengand sediment l i��'� y f�.n' q i,✓`4 .�:..wl!�.• t loading to the creek with r:' stormwater treatment on a adjacentparcels i{ r ..�`s� �t.,..�..- x j. t t' Reach 1 b y t #t r.... �t 10. Opportunity for a point of I? �:i' interest at weir y 11. Daylight creek through �,�-�1 parking lots u� 12. Divert some Flow at grade j� 2; :�",e,� s��. while maintaining the culvert f�. s �r�+ �,�K for high flows ��;�s.. �r� 13. Daylight creek along road r'� K i property line a ,,a�;�� t �L;: y ,;�r r a r z 14. Reconnect fish habitat Y `,Y r a� A Y,�p,°} A� 4� Y Reach 1 a ;'�iz A y 15. Add river rock under bridge to i y n F r�;�•, enhance aeration �C T�� f.� �T��r t fr. r,, 16. Re-establishvegetativebuffers •r�� t�L.�r ,�C 6 e r�, i I p ��t N r t :-r r tti ;..fi e .b: i F `1 r .1. ��f i...; i* R .i°. ':7•� r 3� t, 1 ry r d: i 4� 7 A:{ .'.tTL' 1 20 Da�lightin9 Shingle Creek Hennepin CountU Department oF Housing, Community UJorks -�a Transit Precedents 3. Using water to attract the 4 1. Stormwater conveyance and community. (Jamison Square, treatment as a community Portland) centerpiece. (Heritage Park, 4. Green community connections. Minneapolis) (Heritage Park, Minneapolis) 2. Park emphasizing the local 5. Using a waterway for economic revitalization. (Bricktown Canal, i'� 1 ecosystem. (Tanner Springs ti Park, Portland) Oklahoma City) O y 1 v .w.�" —.1:�_- fLt..a`a' 'i R. :r f �r f J t y--r, a a ,�ta i J tfe 7 1�' -r�l� .�Y r sE"� t s r s j �""'UI a i r �e�� 1� ,I r ,�S y i.. �i� t y-1.A E. a-r�y S .R y� ti. A c. 3, v ,q. Y �y n i P 5!"�' A� 1n:,. �t� t� r r .,�p i,,��" j a��:� �Ir ��5 -,dS r s� q 3. �r. r��` 3 J F �F ry ..q.�` f f i �"tt u 4 t ��fM �k f a. q ,�j, w 4 e�,�, .�1.Jt r i 7 �1, i 1 r y 1�'�� f�� .�ij A,,:. lri, ,r 'G Lie% 1 s.e li.'S Y:. t+`�^. ��Y e 3 ,.r �"N� P I 7 i I _T Il1�'!' IL w 4 1 .t�� 4 ��.1t' �K.-.. �7 I A t t� r 4 9 r, Cy 1 �J 1 l% .L,.� j A i i�► L ,Y ,�,.5''"f,� 'Il�'-- R .i. Y tqa. t e.. c' x n j r 5 �i 1 y/�,� F Y S _�i�t".�. y r� r- 'r' ,iy ,L_�.�+�",r i/ �.,{t �6`�� 21 Precedents 1 topographic floodplain 1. An example of a heathy stream cross-section. (Shingle Creek CorridorStudy,Wenck hydrologicfloodplain Associates) u. 2. Diagram of a pool and rifFle sequenceforaeration.(Shingle bankfull width Creek Corridor Study, Wenck =r Y Associates) I 3. Stormwater pond with Tj n community education element. �R high flow level b (Hennepin County Center) e 4. Incorporating daylighting and low flow level bankful �depth stormwater management into streetscape design. (Salt Lake City) 5. Native plants with deep roots provide stream bank stability. 4 1 r �h d (HeritagePark,Minneapolis) ��i� w d �IQhFbw S ...+--a �i LowFb�v n x ��We y t,.'" ..d"� Pnol �°�`S�`q PROFIL'c 9- i, Riflla �'M A�'+. HR01 1 i.t �.i Fi.�l!to Poc: ,r'� i• t MEANDEAWAYc �':o; ..�t a �t: l" Pool t PLAN r�±� RdJfo �Y. axn. �••`�+J''�'`-+-- Poo� t'� ppp� -'.I r A' �'r. RHba ra ;r alY' t .�.w O �m�.��-�s._ l q '.1 R� 4 q „'ti_, t 4 ��a: 7 .�p x •�f,'.'� w_...�, s. h.� I i. '+I �i w. y ��c a s�� a rt r 14 ,':Ys ,..�..�.-p.--� �'l ,�o�'M ��i �e� i L'-= »y I I r s� q 1 j e, r a s�, v's�' .w �t� f �t .a .r.�� 'r'� 22 Daylighting Shingle Creek c...,�_....., ir�rc�� Planning Objectives The following objectives were developed based on the project goals, issues/challenges, and opportunities. These objectives were used to evaluate and refine concept alternatives for Shingle Creek enhancements and possible daylighting. Increase public and private property values with creek and public realm enhancements including daylighting as appropriate. Treat stormwater runoff by controlling water qualiry, discharge rates and infiltration. Enhance wayfinding. Increase public open space amenities. Support the bike and pedestrian network. Integrate with vehicle and transit circulation. Enhance the identiry of Town Center. Support Shingle CreekTotal Maximum Daily Load (TMDL) objectives. Provide environmental stewardship through natural resource protection and manage- ment. Balance infrastructure and public space improvements with land development goals. Respond to current and future land use parking demands. Propose financially achievable projects. 23 Plan Alternatives Concept alternatives were developed to depict a range of impacts and benefits, referred to as Min, Mid and Max. The concepts built on previous concepts for street alignments and block configurations already developed as part of previous studies for the Opportunity Site as a starting framework to examine the potential creek enhancements for the Reach 2A segment of the study area. All of the concepts were also developed with the premise that the City would reduce parking requirements associated with the mall land use. Based on a recent study performed for another Minneapolis/Saint Paul regional mall of compa- rable retail square footage and a recently published article, "Shopping Center Parking: How Much is Enough?" in the February 2008 issue of Parking Professional, it was suggested that the City consider reducing the parking requirement from 5.5 stalls per 1,000 square feet of retail space as currently called for under the Ciry's C-2 Code to 4.3 stalls per 1,000 square feet. For the purpose of this study, Ciry staff allowed parking demand calculations for mall uses to be based on the reduced stall requirement of 4.3 stalls per 1,000 square feet of leasable retail. Additional detailed analysis address- ing parking requirements for this project area is presented in Appendix B. The following table summarizes the various concepts by reach: CONCEPT A MIN This concept tries to provide lower cost, lower impact improvements by increasing the visibiliry and health of the exist- ing creek and highlighting the presence of the underground segment beneath the parking lot (see Figure 17). Shared stormwater treatment is provided in the Opportuniry Site, which creates communiry ope►i space and eliminates each parcel from needing to provide on-site treatment. Increase creek aeration by placing riprap under existing pedestrian bridge. Increase native vegetation along creek banks. Create farmers market plaza/green connection incorporating a symbolic creek through the Brookdale Mall parcel to the pedestrian bridge. Reconfigure the weir to be a focal point of the new plaza. Construct a fish ladder to allow for fish migration. The fish ladder could possibly double as the weir focal point. Place a new bridge over Shingle Creek 1/2 block south of 59th Avenue N. Increase creek aeration. Increase native vegetation along creek banks. Meander the creek thalweg. Increase creek aeration. Increase native vegetation along creek banks. Incorporate stormwater treatment into streetscape design. Create shared stormwater treatment areas within the Opportuniry Site. Create a trail through the Opportuniry Site that connects back to the Government Center on the north and the new pedestrian bridge over the creek. Daylighting Shingle Creek 24 ---�--�.t 3 y C rr-r_.c: oY f io�sing. Comm� ,4 l.Jur,� i .:°�_-ir Extend Greenway North Through Earl Brown Center and Reconnect with Central Park W �r r S Enhance Creek Aeration °*k r 6 g4 n: ti ,k br, r 1 EnhanceCreek— ��s� �,;�rr� i �,�,*�"4 I Substrate t'�� A. U'�„! s r� t� ,t CityHell J A (�iy /y� ��r� f Ear Browrv. o�,'�:lr,�r• I��i=�'�r .Y H itage 1 7 C nter i F�S_ '�1 �t� `f�`�� S1 G ,Y b �¢r� 1,. v� ii f ��'J v"' .i i MeanderCreekThalweg— e��,=„ r a s„mm�o i x`• J I EnhanceCreekAeration- �I �4 '�T .Her�a.CO�/ J Additional Flood '�i� Go I t ti..a R i J Storage r'c M2dnd2fCf22k— s,, 1�� c-y� �'ya� y ="1't .t k. i T �r Realign Shingle Creek t 3� Trail Connection to Pkwy to the East 1.� i''�'��"'�- a Ped. Bridge Provide Stormwater ��y I�.` A Treatment for b Create Multiple Trail Loop J i Neighborhood Connections Between Creek and ,j i OpportunitySite �'"'4 ��k,,�� r� Daylight Shingle Creek S StormwaterTreatment and ransit Station Conveyance Greenway for Opportunity Site Create Outdoor Spaces ca eass�nket�a Open Space Amenity to Create Associated With Value for Adjacent Land Uses CommercialThatTake J Advantage of Views of Mau nccess the Creek 4 L Realign Mall Access �r r r r �F' Brookdale �F„ Mall o� Enhance Creek Aeration t ti c ��r► ExistingTunnel Increase Native v 'G'4'* ��q�i' e Provides Large Storm Vegetation on Banks r 'r""' y. r Event Capacity :f a. -K 1.., 4 —r;r, t T MeanderThalweg ;G-� P �s �r j c A" j 4 d r. r.a� `i i t �t�KP:, Enhance Creek i Wr� rl r Substrate ti a I r�`' 4 S f=� v'.- ,.7" 1 i T prs,i�"�.:,�, r r E�: r �i7C4 s 1�� F s 4 r� ��yi�� r Y t� �f �'4.. ±y C. ki'R p 1"�$4--�" *:�9! ��L i '7. �5.� 7 0�`0 600f[ 25 CONCEPT B MID This concept alters the channelized segment of the creek and daylights the creek within the inall parcel to create value t�>r the development of entertainment-based retail (see Figure 18). Stormwater treatment in the Opportunity Site is desigi�eci to be a greenwnv amenity that also creates value for new development. Increase creek aeration by placing riprap under existing pedestrian bridge. Increase native vegetation along creek banks. Meander thalweg. Enhance creek substrate. Daylight creek through rhe Brookdale Nlall parccl following a fairly srraigflt aligiiilient that car- ries base creek How. Maintain existing stormwater culvert to provide stormwater capacity during large rainfall events. Develop retail/entertainment outlots on both sides of the creek to capitalize on new open space amenity. Realign Shingle Creek Parkway south of the Government Center to the east to provide more space for the creek. Meander the creek alignment between Central Park and County Road 10. Use additional space west of realigned Shingle Creek Parkway to treat stormwater runoff from neighborhood located immediately west of the creek. Use additional space west of realigned Shingle Creek Parkway to provide additional flood storage. Increase creek aeration. Increase native vegetation along creek banks. Meander thalweg. Enhance creek substrate. Create a shared stormwater treatment greenway through the Opportunity Site. Figure 19 depicts a representative section through the stormwater greenway. This concept assumes that new development will face onto the greenway spine. The stormwater greenway design balances space allocated for this new ameniry with the space needed for developable land to support the construction and maintenance of the new greenway. Incorporate stormwater treatment into streetscape design. Incorporate a trail into the new greenway that also extends through the Earle Brown Heritage Center before reconnecting to Central Park. Daylighting Shingle Creek 2 6 a J"c._ n� ��nner�:� C'a ;artmenc oF Housing, CommunitU LUorks 6i Transit Extend Greenway North Through Earl Brown Center and Reconnect with a T- =�•r Central Park i 'i' ^�r� Enhance Creek Aeration �y r'� ��6g C e ��t i '+'*f� Enhance Creek t� z,,E+�r,''T Substrate �.t r a I .d� r ��C, A r 1 i� r +�ia"' C•� Gry Hbll �p y w s r Ear Brown': 'q�°"� �'s� f� y j' H itage ��.��`,r. ��._.g -F? L�r� q'��.. C nter s �J r "7- 1 MeanderCreekThalweg 4, t il/ n� J--�-�"� SummrtDc /i Enhance Creek Aeration r�� 3 .Heo�.Co. r��`' GovY'C i. 1 Additional Flood Storage �l��i.. W: "Y^� �l� �i. Meander Creek y a v 1 i ti Realign Shingle Creek �eI Trail Connection to Pkwy to the East �'f s a r A Ped. Bridge a Provide Stormwater I rt A Create MultipleTrail Loop Treatmentfor r t r Neighborhood ,..n Connections Between Creek and y i OpportunitySite �1 9' .I 3 Daylight Shingle Creek ,'�j StormwaterTreatment and �ans�c scacion r, t J Conveyance Greenway for Opportunity5ite Create Outdoor Spaces cF easswxerr�a Open Space Amenity to Create Associated With �`�d, 4 i Value for Adjacent Land Uses CommercialThatTake �'~�_�l J Advantage of Views of Mail ncces5 �_�1�('i, the Creek 't' ��U� /i'"� i Realign Mall Access j-- r bf� r Brookdale /i y �y{ ��f�'�; Mall /f��-'� ti''Xl Enhance Creek Aeration �'u"' j R� 'o IncreaseNative F��'tt� �3 i ProvidesLargeStorm Vegetation on Banks +��`�y +r 'C"`' r �1�? ',z Event Capacity f- r .4�r 'ry x� M ti MeanderThalweg r a r �a e�� r rl r` N7" 0 Enhance Creek Substrate i� �l�y±;� lt'9�.�� T r r �ktir 4 ,i�%�'�'� T" ,r 1�� .j3� s I� x ;'1- �1 �f rs1 ''l��t :I':•i... d�� k"_`.3 t �4i��'3t� �=po 600 ft 27 sh s� YT j y` a l.f i I y.: ,c f '�T` Y ,1 I -�l 4: �Y"� i A .11A_ V 11i' <��"iR �J� �A:` 1S'-0" 17'-0" �68'-0' 1T-0' 1S'-0' 250 V STORMWATER TREATMENT AND CONVEYANCE GREENWAY u�;a n CROSS-SECTION A-A Daylighting Shingle Creek 28 �'ernzo n County De�ortT�ent of H�usin�, CommurntU UJorks Transit CONCEPT C MAX The big move in this concept is realigning the creek into the Opportuniry Site (see Figure 20). The creek alignment al- ludes to its historic meandering and also provides an amenity for new development in the Opportuniry Site. Increase creek aeration by placing riprap under existing pedestrian bridge. Increase native vegetation along creek banks. Meander thalweg. Enhance creek substrate. Meander the creek in the golf course. '�'his may create the need to reconfigure a small portion of the golf course. Daylight creek using a meandering align�rient through the Brookdale Mall parcel that carries base creek flow. Maintain existing box culvert to provide stormwater capacity during large rainfall events. Develop retail/entertainment outlots on both sides of the creek to capitalize on new open space amenity (See Figure 21, Cross Section GC). Relocate the transit station from its current location in the northeast quadrant of County Road 10 and Xences Avenue to a mall outlot just east of the Shingle Creek Parkway mall entrance. This would provide better pedestrian access between the transit station and the mall. The transit station would incorporate structured parking. Additional housing would also be developed as a mall outlot adjacent to the transit station. Realign the creek into the Opportunity Site. This concept is based on the assumption that new development will create outdoor venues that orient upon the creek as depicted in Figure 22 (Cross Section B-B). Use the existing old creek corridor west of Shingle Creek Parkway to convey water during large rainfall events. The realigned creek balances space allocated for this new ameniry with the space need for devel- opable land to support the construction and maintenance of the new creek corridor. Use additional space to treat stormwater runoff from neighborhood located immediately west. Use additional space to provide flood storage. Provide shared stormwater treatrnent locations in the Opportunity Site. Create a stormwater conveyance greenway through the northern portion of the Opportuniry Site that also incorporates a trail connection. Create pools and riffles in the creek that respond to the existing meander pattern. 29 ��GURE 20: (:or�cepc ""��l.�k Extend Greenway North Through Earl Brown Center and Reconnect with Central Park Create Pools and Riffles �.�'*R: /_6y4 in Creek w: (,a,i�\ �3'� g fist �p j 1 4 .x �F`�� ti V� 'yr t`+�, O p I �j�� r C- r�.��, t* y —�F.. r. Z '`s'"�'�.i+'�- �a CitY Hdll A�� a,li' :��,j r�, p r EarleBrown'�'�� `i► �,�,�r 1� �:�'T� a J Hentage w tl�� g, y 1 Center s�� t+ e I V Ib ��l..� t 'l T -F 11 w _�l Y $4L�LmitDl y `I Meander Creek r t^ J I E�c'flil.�0i� I`_ i 5 Gov't�ent #�^i j r� t a«_. 4 Additional Flood r �i a n;"� Store9e z y; ��"k: 4 :t:i• Provide Stormwater r,� Overland Storm- waterTreatment Treatment for f 1 r�,; ,^„�t,r i� and Conveyance as Neighborhood c Greenway �s 1� t �b, I� .#«•s!" Daylight Shingle Creek c j�. i� Opportunity Site Re-developed as a LEED Certified Neighborhood to B Strengthen Area's Identity �ne* Realign CreekThrough Opportunity r Zone to Create Value for Adjacent Create 0utdoor 5paces c- eass xaaa- Land Uses Associated With -+y Provide Shared Stormwater sit TreatmentThrough Opportunity CommercialThatTake Advantage of Views of Mau ncces5 0 Site theCreek �C� -a�. t` r Extend Mall to Creek r i F Create Mixed-Use Development Brookdale f t� t+'�' U �`'j t on Mall Outlot r' Enhance Creek Aeration Mail j o f, t Relocate Transit Station to Mall o� r s•- Outlot Increase Native ��1 t k$,'ti� t ;,�,_�t t U Ve etation on Banks r r �'f g Existing Tunnel Provides Large f �x s L .J +�.H i'•_"�p'�� Storm Event Capacity ,�r' �.i f+�'T f� r btts MeanderThalwe e 7 9 F 7r i lk3. EnhanceCreek— ��y �;,r� Substrate f x 4 1: g,,� i`' '"'`=r...''n l�k��t'It�"� e I r J F ��ti 'r, #i �r' .Y'"�` a «�.i ''r{��-rt r i 7SR l� F r`' f �7 ;a'�•` r^�-- �r''. f' Y _'l4�.•=�- r:-ti ,r -�'3, 0 300 600 f[ ir �'L� D�ylighting Shingle Creek 30 3 C�%�� tT�er� �_�,f I i Communi[� L�Joriss &Tron_��_ t� i A JL�.. l ti �`�y j .��4 v i �'t. 1`,. O J l r i, 1 I U 7 L r �l d i r l y �u 25 0 40'-0' 70'-0" 40'-0 --�r 150'-0" DAYLIGHTEDCREEKADJACENTTOMALL o s i6h rL�. CROSS-SECTION C-C ,�'1%: {:r�i��c•��tty.tl (.r��:�:1� ?,r:�s�, `?Li��iti>a� b i i ��V �i Q r 4 p 3 45.�. 40'-0' 70'-0' 40 -0" 150'-0" REALIGNED CREEK IN OPPORTUNITY ZONE �efc CROSS-SECTION B-B 31 y Preferred Framework Plan Blended Approach The preferred alternative (see Figure 23) is a composite of elements shown in Concepts A C that the Ciry and County were interested in investigating further. It was determined that only minor modifications were appropriate for Reaches lA and 2B, while several options were brought forward for Reaches 1B and 2A. The preferred alternative for each subreach is presented below: Reach lA Consistent with the 2005 Shingle Creek Watershed Management Commission Study: Thin thick woody vegetation as needed along the creek. Widen the native grass and forb buffer along the creek. Place cobbles in the creek in the viciniry of the existing golf course pedestrian bridge to improve creek aeration. Reach 1 B All of the alternatives propose the incorporation of the following elements: Daylight creek using a meandering alignment through the Brookdale Mall parcel that carries base creek flow. Maintain existing stormwater culvert to provide stormwater capacity during large rain- fall events. Develop retail/entertainment outlots on both sides of the creek to capitalize on the new open space ameniry. Provision of parking spaces to accommodate the parking needs for all of the existing and proposed building sizes and uses as shown. Two access drives provide connections between the mall ring road and the parking located east of the creek. The ring road around the mall is reconfigured to accommodate the daylighted creek and enhanced to create a tree lined circulation road that break up the expansive feel of the mall parking lots. Multi-use paths will run along the new creek and make a connection between the exist- ing paths north of Bass Lake Road and the existing pedestrian bridge over TH 100. Daylighting Shingl� Creek 32 C:� t-rcr� �=t H��_��inq. ��ommuni[4 LUori,� C�+Tr�r�_ir ��ru.; 7 i f "-fi -a.� ri 'r /6 X EnhanceCreekAeration j 9 q Enhance Creek '�,.y i� a.� r C Substrate t f �p r I ,�,v f j�� H�- •�r ei �t c�ry �u e Eade Brown t��,�p� �r.•. n .�r HeritageCenter I r" t a ��`'�;,r t>'��_'�rj' ��r't w, I b�....11 o� !1. It� q '7 r♦ r+ SuRI[➢i[Dr. y f f 'J 1 l 'l�4� T"' r1, :�j ":i �X. .NeFl11.�o: W21f `Gt 7 �ov'[�nt2r�� A- r �I I s 1 I °ho �i r 5 2 '�O q_y f ��r.,x i s- i l7 °.r� 1 I NewTrail Bridge Connection �E' �_�w s -_F��,,_ �v�- REACH2A, ALTERNATIVES 1 2 '�d� �e... i 14��'"!�. I TransitStation 65ssCBkERoad i y.i� REACHIB F ALTERNATIVES G S A,B,C,D �",#��'�'t�, a.�r ,�s� _,-,r- --�.�s s�y�-� y Brookdale j 1 Y t „�t1 v r�,�' F 3 Md�� r t r!�'��'��X Enhance Creek Aeration Existing Tunnel fti �.,rl �q _i1 e�+ rr:J` r Provides Large Storm Increase Native t �i'��' t 'i ��►zrr,�.,�r j EventCapacity VegetationonBanks t j,,,,�:3 �r`+ s r i. r r .C r �'�',t MeanderThalweg �t< f it�� e f �f �y+t�L.`• �r i (Y d 4��',�! Enhance Creek j i Substrate �EACHTIV �S �a�� r t r r l.1:�'" i �s� �'"�5+�� '±i- •;r i f; �'��t A p Ny �s -,�Fe`; :t,b F f.. V +*`YSi .w :'�.�wt'.ie. $v�s. R.'.:. i' ��4'P4s.i!':!' �±�t 0�`0 600k 33 Reach 1 B Alternative A(see Figure 24) This concept is based on the assumption that the existing Kohl's store remains in place. Two new entertainment-based retail buildings, oriented towards the creek, replace Ref's Sports Bar and Grill on the east side of the creek. The entrance drive from Bass Lake Road is reconfigured to better accommodate the cars stacking at the signal on Bass Lake Road and also increase vehicular and pedestrian safety within the parking lot by minimizing decision points and clarify turning movements. �c r r ;�ch 1 E�-.�Iternative A t p TRANSITSTATIC9t�l ��1�7�� kr �N 1 t�l�K a11Prt�tg[�r�rlK�;'r �.r�f �t �r►r�� -.s '��a�'�;►� r r�lrl�., b „j 1 wt E° +H"A'ci ...�.1rr r� a�m r P -�v��-��_ BASS LAKE ROAD CR 10 Y �?.-r� �G `c '�C-.. a..3� „u> r= .k,r�k.+i., .:....K.,� -�w.........+�uASE'vy s« �w�'� f' a i�-----. t I il r ,:;k PARKING 1 :U �KOHL'S �67,OOOSF 1 REfAIL :�:r e.:• i o no t 6 A i�. �F w J ..I 9x �I^ w o., a J•' Tf �,1 DAYLIGHTED s PARKING SHINGLECREEK t�" w o r ISTINGTUNNE�TO t R�AIN (NIGH FLOWS) �.r �r POTF�VTIA 2fQI��ACCESS DRIVE �i o a '�t ,�O �.s�j� y ti '4,FpESTRIAQI$� BICYCLE �C� CIRCULATION ra )ALE M,4LL c �f f �r 5 y Z p l�,� �e f .-j'�. a� R e 'R. 4/ r f l.. „K X l !'�.a',: f a. ,,f, p x Y w t� �tt �'11" F A i. F i r ��r' s''aE�li.'��_'*��'f 0 100 200 300 ft Daylighting Shingl� Cr��k 34 �a �?r C L'� tTer :_�t ti�using. Community lUorks 6i Transit Reach 1B Alternative B(see Figure 25) This concept assumes that the Kohl's store is replaced wirh a entertainment/office mixed-use development that is oriented towards Bass Lake Road and TH 100. Two new entertainment-based retail buildings, oriented towards the creek, replace Ref's Sports Bar and Grill on the east side of the creek. A traffic roundabout is created within the mall parking lot ro safely accominodate and organize the various internal circulations routes (i.e. mall ring road, mall entraiice drive and access to businesses east of the creek. �t.`�' �`hrv� K r i �...rriiR T��rrM��► i�'' P E`� �TRANSfT STATIOM' M�rr•YI i i �Re� y i f h!t*Y irl�trr�'Itr�rrr�N►R1' �wR T ��.�,bM!' „K t py�:rty�� w^r�rrr rRI�R a"a.'.ar _I'. t f �:.iei p 1 f y t�v a. :.r.. .R sw�a.:. BA55 LAKE-ROAD CR 70 r 1c�.�� .F� yo:YtYi�F. A.n,�ri:"... .w _..,,e __w�.......+.: S I I,� -=-•sc.,.�� I \l, I 23SOOSF RETAIL TRAFFIC ROUNDABOUT !�J r PARKING D`aoo ,`s, s°ooS. j q q, �t w y4 a `t s' b �,y`a� S4 Z w_ DAYLIGHTED �q SFIINGLECREEK 1� s r 49 �1(ISTING TUNNEL TO l RRMAIN (HIGH fLOWS) r,,s I �F! /�.�q, POT�NTIAL 2NfS K�CE55 DRIVE '�t 'S�J .7 o i '�P,�pESTRIAlV� BICYCLE �a i �j C(RCULATION ,Z,� r��i DALE MAL'L i ..f y F t ��,r �N� n A.�� ,^r. w yi ��4. ..e ��,;.y� ti x �;j� l 1. i F f' ��1��' i .t� i} 1, /r±F" .I� �r'!4l�1 ��I 0 700 200 300 h 35 Reach 1 B Alternative C(see Figure 26) This concept assumes that the Kohl's store is replaced with a entertainment/office mixed-use development that is oriented towards Bass Lake Road and TH 100. Two new entertainment-based retail buildings, oriented towards the creek, replace Ref's Sports Bar and Grill on the east side of the creek. A traffic roundabout is created within the mall parking lot to safely accommodate and organize the various internal circulations routes (i.e. mall ring road, mall entrance drive and access to businesses east of the creek. ach 1 !�-Altern.3tiv� f�; hFt�Kl•: T �Ne itll .FA�riiia iplH�'�Ak7►�� F �i1 ANSITSTATIOW, n tterK tnrtrrihp-rNrrrYr-� �i�wn� �i h y�.r� �,�-ri a K�� L �,�,�w�r�r w. r��.r�te�-,s�w "�+"'J J e41. •*A a BA55 LAKE�{20AD R 10 Y 1 r _��-:x_ C a. 4+ax+' �,��.ns� ,.w,.,.• '�s :Zw'� _.',1 F �+w� i m0000sF N t ,rwi� �1, L64005N��1 r PARKING J T(iAFFlCROUNDABOUT �J 9 .Y F r -�ARKING f a'°' 6 F R o- ti 9 ti 1 r 4 v a� R t 4 .L w_ I /DAYLIGHTED ezoos .s' j e SHINGLE CREEK E,A� 4� ?�y E t J �(ISTINGTUNNELTO �j I �sT^u t RBMAW(HIGHFLOWS)� PARKNG �t�� POT�NTIAL 2Nd ICC�CESS DRIVE PARIQING '�l r ESTRIAj�t� BICYCLE j oo Y y S CIhCULATION) J' Z r� A�.E MAL'l i`�' �I' 1 Z g t d f� r f y s� E i i .r w ;t f r h F �wl r s 4' t J/ �I af.: .1'" 1'i�i� �r r r r' 0 700 200 300ft 36 Doylighting Shingle Cr��k r��--,�rii�_�� q. Comrn�n�rU l:J��ss .�ti ^��it Reach 1 B Alternative D(see Figures 27 and 28) This concept is a further refinement of Concept C. It illustrates in more detail how the new entertainment-based retail with associated outdoor patios and pathways could orient and relate the new creek. The creek is envisioned as a soft, green oasis cutting through the existing parking lot that provides a beauriful space to view upon and to stroll through. It is the character- defining amenity that provides value for the adjacent retail development. The west side of the creek provides views down to the creek without direct access. A pedestrian-only path provides access down the creek on the east side. A small sitting area/performance space is also provided on the east side and a pedestrian bridge pro- vides a connection over the creek. The multi-use path is situated adjacent to the mall ring road. The traffic roundabout is also shown in more detail to better show how traffic circu- lation will be organized around the traffic roundabout. Based on similar applications, it is believed that a roundabout is a feasible technique to use in this situation. A final determination cannot be made as to the feasibility of implementing a roundabout until additional traffic data has been collected and analyzed. Issues that need to be analyzed in more detail include: Whether all of the left-turning vehicles on wesrboun<i Bass Lake Road can clear from the Shingle Creek/Bass Lake Road intersection before the light changes. This is contingent on how quickly cars can move through the roundabout. It may be possible to reduce the number of left turn-lanes on westbound Bass Lake Road from two to one. -[t may be possible to reduce the number of travel lanes around select segments of the roundabout if traffic volumes along those segments are low. The size of delivery truck will need to be analyzed to ensure they can safely ma- neuver around the roundabout. Provided that a roundabout works with the existing traffic conditions, it will likely continue to function properly with an increase in traffic volumes, where a tradi- tional intersection as shown in Alternative A has a higher chance of not function- ing properly if traffic volumes increase in the furure. 37 r i 'k. `�1 �T.�.��i.�� -l::�i_ r:,�' ,...kl"."f i v:�`L� �Ic'"";3s�'�'i�,'�C�`ti.o 4„�� rr.v .„.z� s,._te ..,'}r.�4'P�,I��..' •a4i.��a,S�a.d,�::., FIGUf�E 27: Reach 1 B-Alternati� 1 e ,:u7�e�ct]1R, k'1 _.:�..r�.� c, ri y i o r.-� CR 10/ BASS LAKE ROAD 't .�L�� I �o,000 sF RETAIL 6,400 SF �l� RESrnuRnNr R a fRAFFICROUNDABOUT j. T i, i OUTDOORPkTlO ��o v i rV 1 OVERLOOJf s �ENTRYFEATUA€' ORNAM€NTAL PLANTINGS r y r t, 6,4005F 11 r ESTAURANT OUTD TIO I r a l P F J 9 PEDESTRIAN F v BRIDG l 8,200SF q `r,� DAY-LIGHTEDSHINGLECREEK RETAiL 1�`,4• 92 A 6,4005F REST. CENTRAI OPEN SPACE ��,/:�t n .—pVEf�00K SEE FIGURE 28 1 &qCCES516L TRAIL� 1 e f 1t 1 0 TRAIL BROOKDALE MALL <y Doylighting Shingle Creek 38 -m �g iicrnep�n Count� Deportmert of Housing. Commun�ty UJorks �v Tron_it '/t ea �1t J, y '-J�� I,c-: y h r +1 f f _r i, i _z 7- /y -1 ��i''.r Z �n,r w-. �s t-4 f r 4� i: b. Y v y .l .�c �1� �-'U"� r 1( �y�.�c' .a. .�8 l� A1�� .s: i- t ..1 i +I, f ��`17 ��y �."^"7V�� 1\ J,- �d r r t `�'��{��1k�� l ��Y n i�y� `4 w 1 fi ti ��t�� 4 —�_..ti;�*" �n I p, �i ��.�r- Y �t. �ool�ing north alonc� the noui da�light�d creel�, this c�ntral op�n s�ace is the heart oF the neu� �nt�rtainment a�cJ retail c1�v�lo�m�nt. Form�rl� a�arking lot u�ithin f3rookdal� Mall, this civic am�nit� has transForm�cl the ar�a. Her�, p�o�l� now enjo� outcJoor dining �atios u�ith vi�tus oF th� r�storeeJ creek ancl cascacJing �ublic �laza. A�ath enabl�s visitors to u�ancler along th� cr��k as th�� shop, oft�r a m�al or to stroll as �art oF th�ir dail� >x�rcise routin�. The r�stor�d cre�k provid�s both r�neui�d aquatic habitat and �_?pportuniti�s For ��ss�rsb� to intcrc�ct �uith th� ui�t�r vi� c� st�p�ecJ �dg�. 39 Reach 2A/ Opportunity Site z'J: �i�;�?� Both Alternatives 1 and 2 propose the incorpora- tion of the following elements: Realign the creek into the Opportunity Site P� ��1�.►a� (Figure 29 illustrates a rypical creek section.) 4- :.��'j• LOW FIOW CHANNEL (3 CFS) The creek will cross under the Opportuniry �C r k A 1- HIGHFLOWCHANNEL(18CF5) Site roadway through culverts. These crossings �h` will be highlighted at street level by place- 7 ment of ornamental walls that provide a bridge z-3� aesthetic, without the cost of a bridge (see Figure 30). Alternatively, headwalls can be con- ''I structed on either side of the culvert to further a'� a enhance the bridge aesthetic (see Figure 31). a ,s s 24''i- Use old creek corridor west of Shingle Creek Parkway to convey/bypass water during largc ,bf` rainfall events. Place a new bridge over Shingle Creek bypass channel 1/2 block south of 59th Avenue N. ��rn, �,r �,��c.�polis, i4�� Provide shared stormwater treatment locations y at several locations within the Opportunity n�� Sire. �,�,�i' The following pages show how the elements vary between the two alternatives: i�at� Should the Ciry decide not to move forward with i-� realigning the creek in the Opportunity Site, it t •,��'i'��!y does not preclude the opportuniry to daylight the creek within Reach 1B. If the Ciry chooses to keep the creek in its current alignment, it shoul�l at a minimum, incorporate the creek enhance- ments included in the 2005 Shingle Creek Water- shed Management Commission study: Thin woody vegetation as needed along the creek. Widen the native grass and forb buffer along q the creek. +.Str� r y .�tit;,.�-- 4Q `4�:�` .��.,rr�: Improve the creek substrate to improve habitat. Daylighting Shingle Creek 40 y f;�, r _�r�- �_�t t c�. -'mr�un_�� lJonss ir"-�s�� Reach 2A Alternative 1(see Figure 32) This concept is based on the assumption that new development will be a mix of uses such as residential and small- scale retail located on small blocks, which promote enhanced connectivity throughout the site. The new develop- ments will provide uses/opportunities for people to see and access the creek within the developments. Incorporate stormwater treatment into streetscape design of the new main street and along John Martin Drive. Create a stormwater conveyance greenway through the northern portion of the Opportunity Site that also incorpo- rates a trail connection to Earle Brown Heritage Center and then connects back to Central Park. i/ �(IIYHALL I 1 EARIE BI1oWN J HENIiAGE CENiEP j s��,R �R �'iNti��!NIY �-'�MENTCENiEN ti i -CULVERTNJFiIt �f�. 1 111CH-FLnW I CHNNNEI :.�.�i; '3 1.. Y �f 2 r Z f LEGEND DO 1'flOP()SEDIOW FLOW 1 r SHINGtECREEKCMANNEI �V P PE�EtiTRIAN TPAIL r STOFMWATEPTFEAIMENT tiTREETSCAGE/ tiTORMWATEflTREATMENT STORM SEWER WAiERSHE� 13aUN�ARY(APPFOXJ a�—ori 41 r Reach 2A Alternative 2(see Figure 33) This concept is based on the assumption that new development will be big box uses with associated surface parking, which require larger block sizes. The design of these lots should respond to the creek. Incorporates trail connections back to Central Park. I FIGURE 33: fieach 2f�-Alternativ: �CRY NAIL I I V EARLE BROW N HEPITAGE CENTER 5 1MMR DPIVE i� '.':FPIN COUNTV F�uPAENT CENTER 0 rNWEPT/WEIR 9 ��.._IzJ 2,� 1� MIGH-FLOW A 4.,` CHANNEL y x, 4 y i I i I 4,. I �i IT__ w g 3' LEGEND �O PROPOSED LOW FLOW �9 SMINGLE CREEK CHANNEL �P i PEDESfFIANTRAIL STORMWATERTREATMENT STREETSCAPE/ STORMWATERTREATMENT ��STORM SEWER WHTERSHED BOUNDARY(APPRO%J 42 Doylighting Shingle Creek y y i ..�CT�°.i'- I-�JSIi LGillRll�f �..LJ L,�Ur75 v i Reach 2B Consistent with the 2005 Shingle Creek Watershed Management Commission study: Provide pools and riffles at existing meanders in the creek to enhance habitat and creek aeration. Add woody vegetation as needed along creek to enhance habitat. Widen the native grass and forb buffer along the creek. Design Principals The restoration of Shingle Creek through the project area will reduce water qualiry im- pairments, enhance the creek's ecological function, and provide an aesthetic ameniry that provides value for adjacent redevelopment parcels for the City of Brooklyn Center. While the Preferred Framework Plan is Aexible, the following principles should guide the restora- tion of the creek within the project area regardless of its final form. Reach !A I Creek aeration cobbles will improve water quality and aquatic life. Buffers will be widened along the creek to improve habitat, filter/remove pollutants (i.e. �i sediment and nutrients) from stormwater runoff and reduce stream bank erosion. Adequate light for re-establishment of riparian vegecared buffers will be provided by thinning existing dense tree canopies as needed. Creek enhancements will not require significant alterations ro the existing golf course layout Reach 1 B I New daylighted, low-flow creek channel will incorporate a meandering alignment, sub- strate diversiry, riffles and pools and native riparian vegetation that will restore ecologi- cal function and facilitate fish migration. The culvert under the new mall entrance road will direct low flows to the new day- lighted channel, but restrict high flows, forcing the water to overtop the existing weir and into the existing box culvert. This allows for a relatively narrow creek corridor at the surface. The aesthetics of the new daylighted creek will provide a s��fr, green environment that is pleasant to view and pass through year-round. The new creek corridor will provide aesthetic and recreational value that supports par- cel redevelopment adjacent to the creek. The new creek corridor will be an identity-giving element for the area. Redevelopment adjacent to the creek should consist of entertainment-based retail uses that take advantage of creek views/access. 43 If the Kohl's store site is redeveloped, new uses should support a mix of office and entertainment-based retail that takes advantage of views from TH 100 and/or Bass Lake Road. A multi-use path will parallel a majoriry of the creek providing a path connection be- tween Bass Lake Road and the existing TH 100 pedestrian bridge. Two access drives should be provided over the creek between the mall ring road and the redevelopment parcels east of the creek. The mall entrance drive will be reconfigured in a manner that enhances safety for all modes of transportation, while also accommodating existing and projected ingress/ egress traffic volumes and peak-hour turning movements. Reach 2A New low-flow creek channel in the Opportunity Site will incorporate a meandering alignment, substrate diversity, riffles and pools, and native riparian vegetation that will restore ecological function and fish migration. A new diversion weir, west of Shingle Creek Parkway, will direct low flows to the new channel that passes under Shingle Creek Parkway and through the Opportunity Site, but allow high flows to bypass through the existing channel west of Shingle Creek Park- way. The aesthetics of the new daylighted creek will provide a soft, green environment that is pleasant to view and pass through year-round. The new creek corridor will provide aesthetic and recreational value that supports par- cel redevelopment adjacent to the creek. The new creek corridor will be an identity-giving element for the area. Where feasible a multi-use path should parallel the new creek channel in the opportu- nity zone. Path connections should be made over Shingle Creek that make connections to the northern portion of Central Park, the Hennepin County Government Center and a new pedestrian bridge 1 /z block south of 59th Avenue North. A path network in the Opportunity Site should make a connection to the Earle Brown Heritage Center and the new associated hotel to promote non-motorized transporta- tion and recreation opportunities. A path network in the Opportunity Site should make a connection to an existing pe- destrian bridge over TH 100 to promote non-motorized transportation and recreation opportunities. New development in the Opportunity Site will need to treat stormwater runoff either individually or collectively prior to it entering the creek. Doylighting Shingle Creek 44 '��.rnepin County Deportm¢nt of Housing, Communi[U UJorks c� Transit Grading and storm drain modifications within the northern portion of the Opportunity Site should not increase the peak discharge rates to the existing proprietary underground stormwater treatment device. Reach 2B Riffles and pools will be created at appropriate locations along the creek's existing mean- ders to improve water quality and aquatic life. Buffers will be widened along the creek to improve habitat, filter/remove pollutants (i.e., sediment and nutrients) from stormwater runoff and reduce stream bank erosion. New woody vegetation will be planted along the creek to provide shade and improve habitat. Creek enhancements will not require significant alterations ro the park design and function. 45 Implementation of the daylighting plan entails the collaboration of numerous agencies and stakeholders. For the day- lighting vision to become reality, the City of Brooklyn Center will need to collaborate with numerous agencies and stakeholders. They will also need to advocate and educate potential developers and the general public about the benefits to be received by the Ciry and its residents from this endeavor. The following table lists implementation tasks, time frames, and possible lead agents. 1. Present feasibility report to City Council and Short term Ciry of Brooklyn Center Planning Commission for review (and action). Hennepin County 2. Develop memorandum of understanding regard- Short term City of Brooklyn Center ing participation and funding require�nents for Other Governmental Units various agencies. Reach lA l. Develop design development plans and cost esti- Short term Hennepin Counry mate for creek enhancements. Review plans with applicable permitting agencies. 2. Solicit grants to help fund construction. Short term City of Brooklyn Center Hennepin County 3. Remove debris. Short term Brooklyn Center 4. Complete construction documents and perform Mid term Hennepin Counry construction. Reach 1 B 1. Continue discussions with mall owner to discuss Short Term City of Brooklyn Center feasibiliry of daylighting creek. 2. Revise code to allow for a reduction in parking Short Term City of Brooklyn Center provision requirements for mall land use. 3. Work with mall developer on site plan review and Mid Term Ciry of Brooklyn Center approval. Private Sector Partners 4. Solicit grants to help fund construction. Mid Term City of Brooklyn Center Hennepin County Private Sector Partners 5. Negotiate with mall owner regarding potential Long Term Ciry of Brooklyn Center funding for public realm improvements. Hennepin County Private Sector Partners 6. Creek daylighting implementation. Long Term Ciry of Brooklyn Center Private Sector Partners Dayhghting Shingle Geek 46 DeporGTeni oY Housing. Communit�� 3 y (_-.�rt�. �i Trnnsrt I Reach 2A 1. Research what land use types and Short'lerm Ciry of Brooklyn Center quantities that the adjacent market can Private Sector Partners support. 2. Update Opportunity Site Master Vision �'�1id term Ciry of Brooklyn Center Plan to incorporate realigned creek; Private Sector Partners updated land uses; and associated street, transit, and pedestrian/bicycle networks. .3. Update any land use plans/zoning codes Mid term City of Brooklyn Center as necessary to facilitate implementation of the revised Opportunity Site Master Plan. 4. Develop an RFP to solicit a developer Mid term Ciry of Brooklyn Center for the Opportunity Site. Private Sector Partners 5. Solicit grants to help fund construction. Mid Term City of Brooklyn Center Hennepin County Private Sector Partners 6. Negotiate with mall owner regarding Long �C'erm City of Brooklyn Center potential funding for public realm im- Hennepin Counry provements. Private Sector Partners 7. Work with selected developer to imple- [,on�; rerm City of Brooklyn Center ment Opportuniry Site Master Plan. Private Sector Partners Reach 2B 1. Develop design development plans and Short term Hennepin Counry cost estimate for creek enhancements. Review plans with applicable permitting agencies. 2. Solicit grants to help fund construction. Short term Ciry of Brooklyn Center Hennepin County 3. Remove debris. Short term Brooklyn Center 4. Complete construction documents and Mid term Hennepin Counry perform construction. 47 f �n naylighting Shingl� Creek -��f c.�,_ ��r I I-��_�ii�O. `�ru-�� 4 I�JoM1„ T�.�rit APPENDIX PREVIOUS SHINGLE CREEK PLANNING STUDIES: SUMMARY OF GOALS AND OBJECTIVES FOR DAYLIGHTING, ROADWAYS, AND STORM WATER MANAGEMENT Brooklvn Center Oaaortunitv Site Calthorne Associates (January 2003) The Calthorpe Associates study was a desi�n framework, not policy plan completed for the Metropolitan CounciL The project included an extensive public process. The resulting conceptual design focused on a four block linear park and transit center. This concept was not retained in the Damon Farber Associates master plan. Common themes: Daylighting Shingle Creek Using the creek as a focal point for walkways and open space Safe pedestrian crossings at major streets and thoroughfares New transit hub Common recommendations: New construction on the Brookdale Parkin� lot with structured parking. Tie new development to the Earle Brown Center. Create a central public space, town square, or village green. Process Notes: GROUP SUPPORTED DID NOT SUPPORT Citizens Daylighting Creek Stormwater management Town Center Small block sizes Connecting retail areas Brookdale Mall Owners Daylighting Creek Onnortunitv Site Master Plan Develooment Guidelines Damon Farber Associates (February 2006) The Damon Farber Associates master plan built upon the Calthorpe Associates study, but did not retain the concept plan. The project introduced six new plan alternatives before settling on a master plan centering on a community open space and featuring regional storm water pond(s). Appendix Page 2 Vision Statement: "The Brooklyn Center Smart Growth Study Area will becorrte a vibrant neighborhood within the City of Brooklyn Center. New housing, o�ces, retail space and parks will provide dynarreic choices with respect to living, working, shopping and recreating within the City. The area will be easily accessible by car, public transit, bicycle, and on foot. The built environment and public open space will convey a high standard of development that marks this site as unique within the City of Brooklyn Center and the metropolitan area." Opportunities: Enhance pedestrian connections Use storm water as an amenity Improve connections to Brookdale Improve access to transportation Improve neighborhood connections Improve access to public transit Goals of the Design Guidelines: Minimize the impact of automobiles through strategies such as "shared parking" in which adjacent land uses having different peak-hour parking demands can share parking facilities. Improve access to and from Highway 100, Interstate 94 and County Road 10. Provide safe, effective and understandable access via the regional roadway system. Minimize the need for vehicles to travel on city roads by providing compatible neighborhood commercial uses within close proximity to residents and integrating public transit within easy walking distance of commercial and residential uses. Meet applicable standards and access spacing standards for access to/from the regional roadway system. Achieve "traffic calming" benefits through: an integrated street network providing options for traffic flow, the avoidance of excessively wide streets, and the provision for on-street parking. Provide effective connectivity with Brookdale Shopping Center and with nearby neighborhoods. Provide a network of local roadways that is easy for motorists to understand and provides convenient access to all properties in the study area. Establish layouts for local roadways to meet multiple objectives, including: Provide sufficient capacity to accommodate projected volumes. Provide a high level of safety for motorists, pedestrians, and bicyclists. Appendix Page 3 Fulfill related development objectives, such as provision of on-street parking and traffic calming measures. Provide for public open space that incorporates storm water treatment ponds as a visual and recreational amenity. Provide a convenient and safe network of sidewalks and trails within the study area. Systems Recommendations: Provide safe, easily recognized linkages to city and regional systems. Make provisions for city and regional transit service and amenities to encoura�e their use. Integrate with and complement the existing (and future) street organization. Become an integral part of the city and county drainage/storm water mana��cn�cnt ��lan. Parks and open space will be easily accessible to all Opportunity Site redevelopment area residents, visitors, people who work here �nd also for the citizens of Brooklyn Center and the surrounding area. Roadway and Intersection Constraints: The master plan includes a combination ot� both "fixed" locations for certain roadways and intersections and flexibility for other roadway alignments and intersections. Principal items that are fixed due to existing constraints are: Alignment of John Martin Drive at TH 100. The plan does not envision replacement of the existing John Martin Drive Bridge over TH 100. Alignment of Summit Drive between Shingle Creek Parkway and the southeastern Earle Brown Drive intersection. Intersections of Shingle Creek Parkway with Summit Drive and John Martin Drive. Access locations for existing developments outside the project area on the north and east sides of Summit Drive. Three principal transit provisions: l. Frequent bus service along Shin�le Creek Parkway to and from the Brooklyn Center Transit Station at County Road 10 and Northway Drive. 2. Bus service along the full length of Summit Drive through the project area. 3. Attractive, conveniently located bus stops, which include amenities such as shelters whenever possible. Three principal bicycle/pedestrian provisions: l. Multi-use trail that loops through the central park area, which extends west to connect with the regional trail along Shingle Creek and connects with the bicycle/pedestrian bridge over TH 100. Appendix Page 4 2. Sidewalks along all streets within the project area. 3. Multi-purpose shoulder along Summit Drive that can accommodate performance or commuter oriented bicyclists. Open Space guidelines encourage: Partnership with the City to create an integrated, comprehensive open space system that links with existing city and regional trails and open space. Private development (block-by-block) to share in the responsibility to provide inviting, innovative and useable green space as integral parts of each development project. The integration of storm water management components (meeting water quality and quantity requirements) within both public/private park and open space improvements. Together, the system of public and semi-public green space will result in enhanced public realm throughout the community. Storm Water Management Objectives: Regional storm water pond. Reducing the rate of storm water runoff from the present rate of runoff. Dual pond system preliminary pond(s) and primary pond. Emergency overflow of pond to Shingle Creek. Recycle water for project irrigation. Provide fountains to improve water oxygen levels. Work with the DNR to stock pond and promote community fishing program. If filling flood zones is necessary, replace flood zone volume filled contiguous with other nearby 1 percent annual chance flood area. Plant pond edges with native plantings to discourage geese from using sodded areas. Appendix Page 5 O r I �QO o L, I�� r� o \l l/��l i �s '�'b o o o b 0 po o R f`� �qo �4 0�., 1 .,V� tr �w. i i�'�� 1 I r �j �_i -p�' x r��; i' 3 o j -1 i �r�r°` i i a R r r i .�_.-1._,..�_! i i �•�`.�S? h i� �r i �k�R''.. _iri` w.# O O O F a. a.. _e;- i /i� �-•�'.l�. i/ f Parkway z OGOO' caiecto� Roaa r F O��Q Local Road t, i s I'` �Q�� Shingle Creek Parfcway r�_ I ��4 i �1 C a C W t :j o Z 'p'rc •j ,;j =i:=-...,, ':O O w 111 ,O O. �i, a� �,�o'•. �•r-�� y (q�`+ �p ,p�d �.,,r y c� a g�� v. E a�i 'f.3��.`''•, Q g�, r��f y; �a oi �:o a �v� c� G'� U O�N N.' C M 1 v r' �,�C•J�`� f r� R I 1` p 4 tJ� �t p :r.a�� e �I I npe a't i :�•et '•Y L' y 'C a4��'�"�" •a t K �1: c'U,N .5........ni i�. ';n�in -��ra�n i x k n��hghting Shingle Creek y f.: tr F1:=�_�sin�. Commun�t4 UJon,s u+ Tronsit C ONSULTING G ROUP, I NC. F,�Krc> F N c; N E F R s I P ��i N E a S I U F; N E R s ,�Ini>iti�,. SRF No. 6326 MEMORANDUM TO: Jan Duffie Hennepin County Ho�ising, Community Works and Transit FROM: Anton Jerve SRF Consulting Group, Inc. Barry Warner SRF Consulting Group, [nc. DATE: March 21, 2008 SUBJECT: BROOKDALE MALL AND KOHLS PARKING STUDY The purpose of this study is to provide a preliminary analysis of the parking needs of Brookdale Mall and the adjacent Kohls retail store and Ref's Sports Bar and Grill in order to determine the spatial impact of possible Shingle Creek daylighting scenarios. The City of Brooklyn Center and Hennepin County are currently developing a vision plan for daylighting Shingle Creek to create an amenity for the community and improve water quality. SUPPLY AND DEMAND SUPPLY Brookdale Mall, Kohls, and Ref's currently have approximately 1,100,000�, 37,OOO 6,000� square feet of retail respectively. These developments are in the PUD/G2 zoning district. According to Brooklyn Center City Code planned unit developments (PUDs) are allowed flexibility in their parking requirements based upon the merits of the project. For analysis purposes, this analysis will use the underlying zone, G2 Code, parking requirements. The G2 Code requires 5.5 parking spaces per 1,000 square feet of retail and one space per every 2 seats for restaurant use. Because the number of seats at Ref's is not known, the ITE rate of 17.2`� stalls per 1,000 square feet will be used for the purposes of this study. Thus, the current Code requires 6,050 parking spaces for the Mall, 2(� spaces for Kohls, and the ITE rate for Ref's requires 103. Talisman Corp. �vebsite, Minneapolis St. Paul }3usiness Journal GIS measurement 3 GIS measurement 4 "Average Peak Period Parking on a Saturday," PnrkinR Generation, 3"� Editiofa, [nstitute of Transportation Engineers, 2004 www.srfconsulting. com One Carlson Parkevav North, Suite l�l) Minneapolis, ;�1N 55�7-4443 763.�37.i.001D fax:'63.�1'i.2429 �iir Equn! Opporhurity Enrpfuyer Jan Duffie March 21, 2008 Hennepin County Housing, Community Works and Transit Page 2 The current parking supply of Brookdale Mall was calculated by measuring the parking lot area using GIS and dividing the total area by an approximate square footage per parking stall. The analysis assumes 310 square feet per stall to provide ample space for travel lanes. The Kohls and Ref's parking lots were estimated using GIS aerial photography. This method of supply estimate is approximate for this report. If a more accurate supply is needed for future study, an actual stall count could occur once the snow season is finished. The results are summarized below in Table 1. Table 1 Current Parking Supply Retail Current Parking G2 Space Current Surplus/ Land Use Area (sf� C-2 Parking Rate Supply As Requirement Supply (Deficit) Calculated Brookdale �,100,000 5. spaces 1,000 sf �.3 spaces/ 1,000 sf 6,050 5,834 (216) Mall Kohls I 37,000 I 5.5 spaces l,000 sf I I 0.7 spaces/ I,000 sf I 204 I �9 I 2-�> Ref s 6,000 17.2 spaces 1,000 sf 9.2 spaces/ 1,000 sf 103 55 (�8) Total 1,1 �3,000 5. i spaces/ 1,000 sf 6,357 6,338 (19) Table 1 shows that Brookdale Mall currently has a parking rate of 5.3 spaces per 1,000 square feet and a deficit of 216 spaces per the G2 zoning requirements. Kohls currently has a parking rate of 10.7 spaces per 1,000 square feet and a parking supply surplus of 245 spaces per the C-2 zoning requirements. Ref's currently has a parking rate of 9.2 spaces per 1,000 square feet and a deficit of 48 spaces per the ITE rate. The total complex has an overall parking deficit of 19 spaces. DEMAND To gain an accurate measure of actual current parking demand the project team referred to the Ridgedale Master Redevelopment Plan prepared for the City of Minnetonka by SRF Consulting Group in 2004. This is considered an applicable reference model due to similar size of the two malls and the fact that they are about the same age and in the Minneapolis/St. Paul metro area market In 2004, Ridgedale had 1,046,283 square feet of retail and 5,687 parking spaces, or 5.4 spaces per 1,000 square feet, while Brookdale currently has 1,100,000 square feet of retail and 5,834 parking spaces, or 5.3 spaces per 1,000 square feet. For this study, SRF counted the number of parking stalls used in the day after Thanksgiving Day. This was the second busiest shopping day for retailers in 2004, an average shopping year. The number of stalls used during the busiest time of day, noon, was 4,514, or 4.3 stalls per 1,000 square feet. The Ridgedale Plan ultimately recommended 3.97 spaces per 1,000 square feet because if parking supply is built for the few busiest shopping days a portion of the parking lots will be underutilized for the majority of the year. s ITE Rate. 6 ITE Requirement. Jan Duffie March 21, 2008 Hennepin County Housing, Community Works and �I'ransit Page 3 SRF also reviewed the article, "Shopping Center Parkin�: How Much is Enou�h`?" in the February 2008 issue of Parking Professionc�l documented Canadian shopping centers that have recently reduced parkin� rates. One suburban Toronto 1,700,000 square feet shopping center reduced its rate to 4.25 stalls per 1,000 square. This rate was considered suitable because it covers projected parking demand for 98% of annual mall hours. The article documents another mall where shoppers adapted to a reduced parking supply by dispersing their trips to the mall instead of concentrating trips on busy weekends. For this study, the Ridgedale Study 4.3 rate is used to provide a closer demand estimate than current G2 Code requirements. It is considered an applicable rate because although it is lower than current zoning, it is based upon observed demand of a peer mall in the same local market and it is more a conservative rate than recent case studies. It should be noted that the Ridgedale Mall continues to operate as a regional mall, with strong market draw within a vital market area. Its use as a relative peer to the Brookdale Mall provides a conservative comparison for purposes of parking demand. Using this Metro Minneapolis/ St. Paul rate of 4.3 stalls per 1,000 square feet to determine parking demand at the Brookdale Mall and Kohls site, we find that Brookdale Mall has a surplus of 1,159 parking spaces and Kohls has a surplus of 238 spaces. The Ref's rate remains the ITE because restaurant uses create more parking demand than retail and the deficit continues to be 48 stalls, as outlined in Table 2 bel��. "I'able 2 Recommended Parkin� Supply Retail Area Metro Mpls/StY Current Surplus/ Land Use llemand (sf� Rate Supply (Deficit) Brookdale Mall I,100,000 4.3 spaces/ 1,000 sf 4,730 5,834 1,104 Kohls I 37,000 I 4.3 spaces/ I,000 sf I I 59 I 449 I 290 Ref's 6,000 17.2 spaces /I,000 sf' 103 55 (48) Total 1,143,000 4,992 6,338 I,346 POTENTIAL MALL DEVELOPiVIENT Brookdale Mall is currently determining the feasibility of adding a Wal-Mart Supercenter to the Mall replacing the now vacant Mervyn's anchor store. When the proposed 184,000 square feet� Wal-Mart is analyzed as Brookdale Mall and Kohls abc�ve, we find the followin�: I"I�E Rate. x Minnesota Ileal I:st�itc J��urnaL Uct��her 20U7. Jan Duffie March 21, 2008 Hennepin County Housing, Community Works and Transit Page 4 Table 3 Potential Wal-Mart Parking Demand/Supply Land Use Retail G2 Parking Rate G2 Space Metro Mpls/StP Demand Area (st� Requirement Rate Wal-Mart 184,000 5.5 spaces/ 1,000 sf 1,012 4.3 spaces/ 1,000 sf 791 A one story, 184,000 square feet, Wal-Mart may replace the existing 140,000 square feet two story Mervyn's. This will affect both the parking supply and demand of the Mall. The proposed Wal-Mart will replace a building with a current footprint of 70,000 square feet, potentially reducing parking area by 114,000 square feet with its 184,000 square feet footprint (368 stalls). Secondly, the proposed Wal-Mart will increase the total retail space of the Mall by 44,000 square feet, thus increasing the demand for parking by 189 stalls. In total, Wal-Mart will have a net parking supply reduction of 557 stalls. FUTURE MALL PARKING DEMANDS Table 4 shows future parking demand at Brookdale Mall with the addition of Wal-Mart and Kohls as it exists using the Metro Minneapolis/St. Paul rate. Table 4 Brookdale Mall Kohls Future Parking Demand Metro Minneapolis/St. Paul Land Use Retail Area (st� Metro Mpls/StP Demand Supply Surplus Rate (Deficit) Brookdale (no Mervyn's) 960,000 4.3 spaces/ 5,078 5,861 Wal-Mart 184,000 1 sf 735 Kohls 37,000 Ref's 6,000 17.2 spaces/ 103 55 1,000 sf Using this scenario, demand in relation to future supply was analyzed to determine the amount of space, if any, would be available for daylighting Shingle Creek. The Metro Minneapolis/St. Paul scenario allows for 735 surplus spaces (227,850 square feet). I Jan Duffie March 2 l, 2008 Hennepin County Housing, Community Works and Transit Page 5 PARKING AND UESIGN CONCEPTS The development design concepts have different impacts on the parking supply and demand as indicated in Table 5. Future development design concepts will be added if and when they are developed. "Concept A— Min" reduces parking by 897 spaces, does not introduce any new demand, and does not provide any additional parking. •"Concept B— Mid" reduces parking by 974 spaces, introduces 524 spaces of new demand, and does not provide any additional parking. "Concept C— Max" reduces parking by 1,166 spaces, introduces an additional 675 spaces of demand, and provides an additional 370 spaces of structured parking. The footprint of the parking structure in Concept 3 is modeled after on the Heart in the City Park and Ride in I Burnsville, which has 370 spaces in a structured parking ramp. Table 5 Spatial Requirements of Development Design Concepts Daylighting Daylighting Additional Additional Additional Parking Space Demand: Parking Spaces Area (st� Reduction Retail Spaces Provided Concept A—Min 278,000 (897) 0 0 0 Concept B—Mid 301,800 (974) 122,000 (524) 0 Concept GMax 361,600 (1,166) 1_57, I 00 (675) 370 AFFECT OF DEVELOPMENT DESIGN CONCEPTS ON PARKING SUPPLY The tables that follow compare the desi�n concepts with three future development scenarios using the Metro Minneapolis/St. Paul Rate, which applies the 4.3 stalls per 1,000 square feet parking rates from the Ridgedale study: The current Brookdale MalUKohls configuration, which assumes Wal-Mart, will not join the Mall. The possible future Brookdale Mall/Kohls, which includes Wal-Mart and replacing Myrvin's at Brookdale. I Note that the tables below are estimates as desi�ns are conceptual and actual parking counts may differ. Jan Duffie March 21, 2008 Hennepin County Housing, Community Works and Transit Page 6 Table 6 shows that the mall in Concept A will have a 449 parking stall surplus with no future Wal-Mart, or a 162 space deficit with the Wal-Mart. Table 6 Concept A- Min Parking Supply Demand Mall/Kohls Parking Surplus/ Parking Additional Additional Net Con�guration (De�cit) Space Demand Spaces Surplus/ Reduction (Table 5) Provided (De�cit) Current ],34b (Table 2) (897) 0 0 449 (No Wal-Mart) Future with Wal-mart 735 (Table 4) (897) 0 0 (162) Table 7 shows a parking deficit for both scenarios under concept B, ranging from 152 to 763 parking spaces. Table 7 Concept B- Mid Parking Supply/Demand Mall/Kohls Parking Surplus/ Parking Additional Additional Net Configuration (Deficit) SPace Demand Spaces Surplus/ Reduction (Table 5) Provided (Deficit) Current 3 (No Wal-Mart) CTable 2) (974) (524) 0 (152) Future with 735 Table 4 Wal-Mart (974) (524) 0 (763) Concept C, like the previous concept, shows parking deficits for all scenarios. Though a more intensive design, parking loss in this concept is stemmed with structured parking, as shown in Table 8. The parking supply could be increased by enlarging the parking structure or by adding structured parking closer to the mall. Table 8 Concept C- Max Parking Supply Demand Parking Additional Additional Mall/Kohls Parking Surplus Space Demand Spaces Net Surplus Configuration (Deficit) Reduction (Table 5) Provided �Deficit) Current 1,346 Table 2 (No Wal-Mart) I ,166) (675) 370 (125) Future with Wal-Mart 735 (Table 4) l,166) (675) 370 (736) AJ/dcw cc: Dan Cornejo, Cornejo Consultin� H:\Projects\6326\Word�Brookdale Kohls Parking Study Memo 031808 AJ.doc ��n Doylighting Shingle Creek r h I�,�sinq. CommunitU Lllorks 6� Tronsit 3� i �K IIC f 1 _c y n t a+A� s r f �i:�_. t ,e,y�' r y r t w 'e'i._. t �ai� 1 i'd� �'��'I C. F� r t t ��t i P a t R.e 1, �j� k 1 f r� �9' 1 ,r=� L y i, '�'i: iR l r r. 4 t a7c:: r l� ?,'I. V _,d �R :�Y '�1' Y!! •s .r F a f �r. 'ti•: t �°��s«..�..,� r a. l�'r r r� r�" �1 i r ��r y s r g i 'fis` i. "f r q yy•� I �1�� :st ��E ,A. 1' r R' r i` =d� 4 �.,�t♦ I jj j "S" f• �S �11�..7r°n z i w.�....� �.�►iy y yi�. ''r _'��M '^`v `Z' .VrF,: f: ��rt,;;t s, r r i g 3y r'��,:�. il'1f�#' r ^I r rt ,+t yl., t ��4 1 �A F t R IP '1��+! r' i Z '�X� 41s' ��Yr ti F ;,�t 4 I s 't �t Xf4 k.�. w a" I M I w y'4•� ��I A.�''�.� �4" 6 ti F ;1c r• 91 -1k��. f -nl 1 u A�`r f 8 a �7 t i „j� 'C �sw.-��'�I ti s i 1 t�' F `R a ".,�T7 '�e Y I I �i. i r- r —J r' 1 „r ra i i' I� r f t,. r r f s t y �d jt 1 f G I r� S �J�W: A 1!� ��T e s 4 t ,�r��J �Q x 4, e K 1 f 1 T F Y �,J' `J f E :.t. 5:4 t 1 ti�� t l'"�� 4�"� J� ��s Y F y �Y y 'q-�, F s�` r "+i. 'r z A f r y� S �k'� �e J i �r• R''J i 5�i f f 1.:. xt `Y„� .,R t i' Q :s Y i cz �:R��ti'sa.i...� i :g ...�'GR' .'�i Y zv::,�, 1 f. f ,4 f l /li.1 1 P y l�f.�.� 1�� j r�� n i. C .i'r�.�,.�r�s�i J y A��h p 4 �9G` 7 S. r r. ��E�. t t s Fa s Y� r o J' �F x ..,iae� i r 1 �e'��,� ��•RY.. i i r 4�;��;� t wi i x h ��t' _"i� �.a� f r' .'P� 4: �p �.;i��`; r r a Y� r c 'ilSii �in:r, n., r �I* �c� s s 1:�. r �.�.r� w r+ 4��;. I: �.,°r. e� h �j�� j �ww� r L 15 s�.. s� 4"` c r�.r f �3.��:� .lr�,; �i t+'� J� t r °b:�• °,-r. +1 s,�- T s�t A.�-� 7 u� �j�.'l�"' e! �a� �Fi yc fiyr i':�Y�' s,. �dY� R �'��n�� r4 -s t it �t r y r I 2�'�' 4�tii1 !dt 4�- 1 1.a r X �:[r+� .:v r i i �.,t. rsT ;1 *y� l�" t tR t I I� �rM' y J tl�w�t r� r �r ��E r� .A, i K it��` �C'± .te r t." �t• i )!-r i'S r �w�� s-�i �=r� :�f' �M�r,T :a:. y� �r` r _,T 7 f sF v ,J' yI 1 a�" r. Z�� ":t�� a s r a� 1 ti��: f ,y Mi r '�r 'b q....r�st a s t a �C��q� a �1. f y _i Y`� 1[:�'� sM'.L ,....r.'.� .v_-�.�.-,rl� \.'1 'l'� �s 1s �S' :T Parcels within Shingle Creek Daylighting Study Area Brooklyn Center Opportunity Site PID �ADDRESS �PROPERTY OWNER IACRES 02-118-21-11-0002 I6040 Earle Brown Drive �6040 Earle Brown Dr LLC 4.26 02-118-21-11-0005 �6000 Earle Brown Drive �B R Romine et al. Trustees I 3.68 02-118-21-11-0007 I6001 Earle Brown Drive �Evercare Senior Living LLC I 3.95 02-118-21-11-0010 �6020 Earle Brown Drive �2269 Ford-FS Partnership LLP 0.88 02-118-21-11-0011 I6010 Earle Brown Drive �Lampi Brown LLC 3.09 02-118-21-12-0007 I5925 Earle Brown Drive �Brooklyn Ctr Invest Assoc 5.24 02-118-21-12-0009 �5937 Summit Drive �Bond 0.87 02-118-21-12-0010 (5930 Earle Brown Drive �Sysco Corporation 11.69 02-118-21-12-0011 �5915 Earle Brown Drive �Eretz LLC 1.17 02-118-21-12-0013 �5951 Earle Brown Drive �Star of the North Prop 3 LLC 6.39 02-118-21-12-0014 �6000 Shingle Creek Parkway �Inland Ryan LLC 1.58 02-118-21-12-0015 �6050 Shingle Creek Parkway �Inland Ryan LLC 3.00 02-118-21-21-0001 �5910 Shingle Creek Parkway �Shingle Creek Office LLP 7.97 02-118-21-21-0002 �5930 Shinqle Creek Parkway �5930 Shingle Creek Pkwy MN LLC 1.81 02-118-21-21-0005 �5901 John Martin Drive �Group Health Plan Inc. 1.13 02-118-21-21-0014 �5939 John Martin Drive �Golden Tiger LLC 1.61 02-118-21-21-0015 �5927 John Martin Drive �Lin Shuang LLC 1.35 02-118-21-24-0019 �2500 County Rd 10 �1277 LLC 8.61 02-118-21-24-0020 �5900 Shingle Creek Parkway �Bradley Operating Ltd Partnership 23.10 35-119-21-43-0007 �6300 Shingle Creek Parkway IBCC Associates LLC 5.58 35-119-21-43-0008 �6200 Shingle Creek Parkway �BCC Associates LLC 5.06 35-119-21-43-0009 �6100 Shingle Creek Parkway �Dayton-Hudson Corp 9.06 35-119-21-43-0016 �22 Address Unassiqned �Brooklyn Center EDA 6.14 35-119-21-43-0017 �6160 Summit Drive �City-County Fed Credit Union 5.67 35-119-21-44-0002 �22 Address Unassigned �City of Brooklyn Center 3.69 I 35-119-21-44-0003 �6120 Earle Brown Drive �Earle Brown Tower LLP 6.35 35-119-21-44-0008 �22 Address Unassigned �Brooklyn Center HRA 0.25 35-119-21-44-0009 �6150 Summit Drive �Brooklyn Center HRA 6.62 35-119-21-44-0012 �6100 Summit Drive �Earle Brown Lanel Ltd Partnership 3.17 I Prepared by Dan Cornejo April17, 2008 I 142.97 I I CITY COUNCIL MEETING City of Brooklyn Center October 13, 2008 AGENDA L 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. i 2. Invocation 7 p.m. —Dave Johnson, Parish Administrator, St. Alphonsus Catholic Church 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 followin items are considered to be routine b the Cit Council and will be Y Y 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. September 22, 2008 Study Session 2. September 22, 2008 Regular Session 3. September 22, 2008 Work Session b. Licenses c. Resolution Appointing Additional Election Judges d. Resolution Declaring a Public Nuisance and Ordering the Removal of Dead Trees Which Create a Public Safety Hazard e. Resolution Declarin a Public Nuisance and Orderin the Removal of Diseased g g Trees CITY COUNCIL AGENDA -2- October 13, 2008 8. Presentations/Proclamations/Recognitions/Donations None 9. Public Hearings a. Franchise Fee Ir�crease •Requested Council Action: —Motion to schedule Public Hearing for November 24, 2008. 10. Planning Commission Items None 11. Council Consideration Items a. Resolution Authorizing the Execution of Agreement for the Safe and Sober Communities Grant •Requested Council Action: —Motion to adopt resolution. b. Resolution Approving Change Order No. 2, Improvement Project Nos. 2008-05, 06, a7, and 08, Contract 2008-B, Xerxes Ave/Northway Drive Street and Utility Improvements •Requested Council Action: —Motion to adopt resolution. c. Resolution Approving Verizon Wireless Cellular Site Standby Generator Installation and Site Lease Amendment •Requested Council Action: Motion to adopt resolution. d. Resolution Establishing 2009 Street and Storm Drainage Special Assessment Rates •Requested Council Action: —Motion to adopt resolution. e. Resolution Establishing Project, Accepting Bid, and Awaxding a Contract, Improvement Project No. 2008-16, Contract 2008-J, Automatic Meter Reading •Requested Council Action: —Motion to adopt resolution. f. Resolution Amending the Schedule for Plaru�ing an Inspection Fees •Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -3- October 13, 2008 g. An Ordinance Amending Chapter 19 of the City Code of Ordinances; Adding New Sections Relating to the Abatement of Graffiti •Requested Council Action: —Motion to approve first reading and set second reading and Public Hearing on November 10, 2008. h. An Ordinance Amending Chapter 12 of the City Code of Ordinances; Adding New Sections Relating to the Registration and Regulation of Vacant Buildings •Requested Council Action: —Motion to approve first reading and set second reading and Public Hearing on November 10, 2008. i. An Ordinance Amending Certain Sections of Chapter 12 Relating to Inspections and Notification •Requested Council Action: —Motion to approve first reading and set second reading and Public Hearing on November 10, 2008. 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 Itern No. 7a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 22, 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 Director of Fiscal Support Services Dan Jordet and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested the following change to the Regular Session minutes of September 8, 2008: Pa�e 2, renort bv Councilmember Rvan, second bullet point: Everyone is urged to �get out and vote at the primary election on September 9th Pa�e 5, Title of A�enda Item l la: RESOLUTION NO. 2008-96 APPOINTING D�cnr r r-rTn�.r ELECTION NDGES It was the majority consensus of the City Council to accept the amendments to the Regular Session minutes of September 8, 2008. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS Councilmember Yelich requested discussion on agenda item 7b, specifically in relation to calls for service at Twin Lakes Manor. He expressed concern on the number of calls for service at the property. He questioned if the City would recommend renewal of licenses for other business entities if they were to have this amount of calls for service. Mr. Jordet replied that because of the number of units covered by the license for Twin Lakes Manor, the number of violations still falls beneath the level that would disqualify them for license approval according to the ordinance. There was discussion on the number of calls for service at Twin Lakes Manor and the possibility of the Council revisiting the call for service formula in the future. 09/22/08 -1- DRAFT Councilmember Yelich requested the removal of Agenda Item No. 7b from the Consent Agenda. MISCELLANEOUS Councilmember Yelich stated he attended the Park and Recreation Commission monthly meeting which included a discussion on issues related to Evergreen Park neighborhood concerns that were expressed earlier this summer. One of the considerations that the Commission is looking at is holding a public forum during the October Commission meeting at the �vergreen Park shelter to take citizen input from the local residents regarding their concerns and issues about Evergreen Park property. The suggestion came from staff as a result of Council direction to the City Manager. There was discussion at the Commission meeting that this would be the third opportunity for residents to air these concerns. The Commission would like clarification from the City Council as to whether the public forum is a good direction for the Commission to proceed. The majority consensus of the City Council was that the purpose of the public forum should be verified with staff prior to scheduling the meeting and notifying the residents. Councilmember O'Connor requested discussion on scheduling the performance review and consideration of a salary increase for the City Manager. There was discussion on the City Manager's input in the performance review process and the timeframe for the approval of wage increases. Mr. Jordet indicated that wage increases are sometimes approved at the last meeting in November prior to approving the full budget in December. The majority consensus of the City Council was to include the City Manager performance review and consideration of a salary increase as a discussion item on the next City Council work session agenda. JOINT POWERS AGREEMENT BROOKLYN BRIDGE ALLIANCE The Council reviewed the Joint Powers Agreement (JPA) for the Brooklyn Bridge Alliance. Councilmember O' Connor stated her position that the proposed alliance will create a lot of paperwork, meetings, and discussion but will actually take time away for the organizations to work with youth. She stated her opposition to the proposed JPA. Councilmember Lasman stated her position that it is difficult to get people working together collaboratively for youth with four separate school districts in the City, and that the collaborative effort of the JPA will be positive. She stated her support for proceeding with the proposed JPA. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmemher Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion assed unanimousl P Y 09/22/08 -2- DRAFT RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember O'Connor seconded to reconvene the Study Session at 6:50 p.m. Motion passed unanimously. The discussion continued on the Brooklyn Bridge Alliance JPA. Mayor Willson pointed out that the agreement does not bind the City to anything at this point. He stated his position that afterschool activities and things to keep youth occupied and empowered are lacking. He stated his support of proceeding with the proposed JPA. Councilmember Ryan stated his position that a cooperative venture such as the proposed JPA allows them to build on each city's specific assets, such as Brooklyn Center's pool and Brooklyn Park's skating/hockey facility, in order to create more constructive youth opportunities. He sated his support of proceeding with the proposed JPA. Councilmember Yelich stated his position that the JPA makes sense in theory, but that it may not in practice. He expressed concern that it may create additional levels of bureaucracy. He stated his preference that the proposed JPA should be clarified in relation to the purpose and goals and the City's obligations. It was noted that the intent of the JPA is to put together a board that will have budgetary authorization over the funds that are donated or secured through grants or organized events. The organizational structure of a JPA between two cities is required in order for an organization of this nature to deal with funds and donations, and to spend those funds on youth within the City with city-backed programs. ADJOURNMENT Councilmember Lasman moved and Councilmember R an seconded to close the Study Session Y at 7:00 p.m. Motion passed unanimously. 09/22/08 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 22, 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 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were Director of Fiscal Support Services Dan Jordet, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Mr. Dan Remiarz, 6201 June Avenue North, appeared before the Council and stated his position that the City should provide residents with the ability to pay their utilities through direct withdrawal. He stated he believes this is the least he can ask of the City and he expects something to be done. He believes it will be beneficial to the City. Mr. Jordet indicated that sta.ff will respond to Mr. Remiarz regarding his concerns. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION Mayar Willson requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. i 09/22/08 -1- DRAFT 4. ROLL CALL Ma or Tim Willson and Councilmembers Ka Lasman Mar O'Connor Dan R an and Mark Y Y Y Y Yelich. Also present were Director of Fiscal Support Services Dan Jordet, City Attorney Charlie LeFevere, 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: September 15, 2008, Joint City Council/Financial Commission budget meeting September 18, 2008, Willow Lane neighborhood area meeting. The focus was on public safety. The recent swearing in of two new police officers to the Brooklyn Center Police Department. Councilmember Lasman reported on the following: September 17, 2008, Centennial Planning Committee meeting. Committee Chair Diane Sannes is looking for volunteers to join the committee. September 18, 2008, Special Events Committee meeting. This committee is organizing the Brooklyn Center Birthday Party and Awards night on February 7�'. It will be City's 98�' birthday. September 18, 2008 Willow Lane quadrant party. Reminder to residents about the Candidate Forum in the City Hall Council Chambers tomorrow night at 7:00 p.m. Brooklyn Center Council Members, as well as other levels of government will be present. Hennepin County is sponsoring Walking the Talk sessions about children and the use of alcohol, tobacco and drugs. The sessions are free and include a meal. Upcoming sessions are scheduled for October 6, 2008; 5:30 p.m. to 9:00 p.m. at St. Vincent De Paul Catholic Church and November 11, 2008; 5:30 p.m. to 9:00 p.m. at the Crystal Community Center. Those sessions are in English. Spanish-only sessions are scheduled for October 23 at the Brookdale Library and November 11�' at Zanewood Recreation Center. To register ca11612-672-7272 and 763-504-8985 to register in Spanish. Councilmember Yelich reported on his attendance at the following events: September 15, 2008, Joint City CouncillFinancial Committee budget meeting. Overall the budget is responsible. September 16, 2008, Park and Recreation Commission meeting. Issues were discussed regarding the Capital Improvement Program for upcoming years at neighborhood parks and concerns of residents about the Evergreen Neighborhood Park. September 17, 2008, meeting with 69�'/Indiana neighborhood group concerning crime issues. September 18, 2008, Willow Lane Park citizen gathering. 09/22/08 -2- DRAFT Councilmember O'Connor reported on the following: Willow Lane Park neighborhood meeting. Earle Brown Days Committee meeting. Cable Commission meeting. There was discussion on the 2009 budget which is proposed to increase about 8.5%. Televisions are turning digital on February 17, 2009. $40 coupons can be obtained for a converter box to be used on televisions that are not on cable or satellite. The October 2008 edition of the Budget and Taa� Newspaper includes an article titled Americans Worked until July 16` to Pay for the Cost of Government. Residents are encouraged to attend the debate at City Hall tomorrow at 7:00 p.m. Mayor Willson reported on his attendance at the following events: September 10, 2008, canvass of primary election results. September 11, 2008, dinner meeting with the Lionesses at Barnacle Bills. September 15, 2008, Joint City Council/Financial Commission budget meeting. September 17, 2008, Visit Minneapolis North board meeting. September 17, 2008, interview at Cable Channel 12. September 18, 2008, City welcome to an organization holding a week-long meeting at the Crowne Plazal September 21, 2008, Lions Pancake Breakfast. Mayor Willson reported that two upcoming meetings are scheduled for the Comprehensive Plan at Constitution Hall: Wednesday, October 8, 2008, at 6:30 p.m. for the east side of the City and Wednesday, October 15, 2008, at 6:30 p.m. for the west side of the City. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember O' Connor seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Regular Session minutes of September 8, 2008, with the removal of Item No. 7b from the Consent Agenda to Council Consideration Item No. l lb, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. September 8, 2008 Study Session 2. September 8, 2008 Regular Session 3. September 10, 2008 Special Session 4. September 15, 2008 Joint Work Session with Financial Commission 7b. LICENSES This item was moved to Council Consideration Item No. 1 lb. 7c. Approval of Application and Permit for Temporary On-Sale Liquor License Submitted by Surly Brewing Company, 4811 Dusharme Drive, for aq Event to be Held October 25, 2008 Motion assed unanimousl P Y I 09/22/08 -3- DRAFT 8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 8a. RESOLUTION NO. 2008-103 RECOGNIZING SENATOR LINDA SCHEID FOR HER LEGISLATIVE CONTRIBUTIONS DURING THE 2008 SESSION Mayor Willson recited Resolution Recognizing Senator Linda Scheid for Her Legislative Contributions During the 2008 Session. Councilmember Lasman moved a.nd Councilmember Ryan seconded to approve RESOLUTION NO. 2008-103 Recognizing Senator Linda Scheid for her Legislative Contributions During the 2008 Session. Councilmember O'Connor expressed concern regarding Senator Scheid's assistance in getting a new social services building that is part of the Osseo School District. She questioned the necessity of the building, as there is a Hennepin County social services building located next to the library. She noted the resolution states that Senator Scheid has strengthened partnerships between state and local government. She stated her position that there should not be much of a connection between these two levels of government. Councilmember O'Connor voted against the same. Motion passed. 8b. RESOLUTION NO. 2008-104 RECOGNIZING REPRESENTATIVE DEBRA HILSTROM FOR HER LEGISLATIVE CONTRIBUTIONS DURING THE 2008 SESSION Mayor Willson recited Resolution Recognizing Representative Debra Hilstrom for her Legislative Contributions During the 2008 Session. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-104 Recognizing Representative Debra Hilstrom for her Legislative Contributions During the 2008 Session. Mayor Willson stated the League of Minnesota Cities is an organization with 800 member cities. The League has recognized the 20081egislators of distinction, and the City of Brooklyn Center is sharing in that recognition of Senatar Scheid and Representative Hilstrom. Councilmember O' Connor voted against the same. Motion passed. 8c. PROCLAMATION RECOGNIZING THE ZS ANNIVERSARY OF COMMUNITY MEDIATION SERVICES, INC. Mr. Sean Rahn 5740 Irving Avenue North, Representative of Community Mediation Services, Inc., provided information on the services provided by Community Mediation Services and discussed the organization's 2007 annual report. Councilmember Lasman moved and Councilmember Ryan seconded to adopt a Proclamation Recognizing the 25�' Anniversary of Community Mediation Services, Inc. 09/22J08 -4- DRAFT Mayor Willson recited Proclamation Recognizing the 25�` Anniversary of Community Mediation Services Inc. Councilmember O'Connor stated her position that Community Mediation Services, Inc. does good work, but that government needs to be separate from nonprofit organizations. Councilmember O' Connor voted against the same. Motion passed. Mayor Willson recited a Mayor's Proclamation commending Ashlee Kephart on earning the Congressional Award Gold Medal and achieving personally challenging goals that build character and foster community services, professional development, and citizenship. 9. PUBLIC HEARING None. 10. PLANNING COMMISSION ITEMS None. 11. COUNCIL CONSIDERATION ITEMS lla. RESOLUTION NO. 2008-105 APPROVING LETTER OF UNDERSTANDING BETWEEN THE CITIES OF BROOKLYN CENTER AND MINNEAPOLIS Mr. Jordet introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was noted that the reconfiguration of the curve will provide an advantage to snowplowing operations in the City. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2008-105 Approving Letter of Understanding Between the Cities of Brooklyn Center and Minneapolis. Motion passed unanimously. llb. Licenses MECHANICAL Dependable Indoor Air 2619 Coon Rapids Blvd, Coon Rapids Precision Heating and Cooling 3650 Chestnut Street, Chaska Residential Heating and Air 1815 East 41 St Street, Minneapolis RENTAL INITIAL Twin Lakes Manor 3305-3433 53` Ave N Teddy Bear Extended LLP 3818 61 Ave N Sherman Yih Feng Kho 4937 Zenith Ave N James Maciazka 09/22/08 -5- DRAFT RENEWAL Garden City Court 3407-17 65�' Ave N Garden City Court Apts 7018 Brooklyn Blvd Dragon Property Mgmt. 5519-23 Lyndale Ave N Nelia Schaff 1320 68�` Ln N Ra.chel Omao 5501 Brooklyn Blvd Mains'1 Properties Councilmember Yelich informed the residents that the City Council is being asked to approve a license for Twin Lakes Manor, owned by Teddy Bear Extended LLP. He listed the calls for service at Twin Lakes Manor. He listed the other licenses up for approval, including the calls for service and the status of payment on utilities and taxes for each of the properties. It was noted that it should be clear to the public that the apartment complexes on the list of license approvals are very large and have many units, versus the single-family properties. Each of the licenses being presented for approval fit within the requirements of the City ordinance. Councilmember Lasman moved and Councilmember Ryan seconded to approve the above licenses. It was noted that the Police Department provided input on the formula used to establish the percentage for the number of police calls. The Council is required to vote on the approval of licenses as the ordinance is written. It was also noted that the Council has the ability to review the standards included in the ordinance. Motion passed unanimously. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:46 p.m. Motion passed unanimously. I 09/22/08 -6- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION SEPTEMBER 22, 2008 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City CounciUEconomic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:46 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were Director of Fiscal Support Services Dan Jordet and Carol Hamer, TimeSaver Off Site Secretarial, Inc. JOINT POWERS AGREEMENT BROOKLYN BRIDGE ALLIANCE Discussion continued on the study session discussion of the Brooklyn Bridge Alliance Joint Power Agreement (JPA). There was discussion on the following in relation to the proposed JPA: Whether youth will benefit from the JPA Juvenile crime Concern regarding the JPA creating additional bureaucracy Staff time that will be allocated to the alliance if the City enters into the JPA It was noted that the City will have the ability to withdraw from the JPA. Councilmember/Commissioner Yelich stated his position that staff should provide clarification on the expected benefits to the City as a result of entering into the Joint Powers Agreement (JPA). Mayor/President Willson, Councilmembers/Commissioners Lasman and Ryan stated their position that there are not highly specific goals set forwaxd at this time; this will be clarified in the future. Mr. Jordet stated if the Council has changes or concerns about the JPA it would be helpful if these issues could be brought to the working group that assembled this JPA when the group meets on October 7�'. If the JPA is acceptable to the Council, it will be placed on the next City Council meeting for adoption. He requested direction on how the Council wishes to proceed with the alliance for youth and entering into the JPA. 09/22/08 -1- DRAFT Councilmember/Commissioner Yelich stated his position that he would like further clarification on the JPA and that the purpose of the JPA is ambiguous. Councilmember/Commissioner O'Connor stated her opposition to the City entering into the JPA. Mayor/President Willson and Councilmembers/Commissioners Lasman and Ryan stated their support of proceeding with the proposed JPA. The majority consensus (3-2) of the City Council/EDA was to direct staff to include the JPA as presented on the agenda of the next City Council meeting for a formal vote by the City Council. ADJOURNMENT Councilmember/Commissioner R an moved and Coun cilmember/Commissioner Lasman Y i ouncil/Economic Develo ment Authori Work Session at I seconded ad'ournment of the C t C tY J Y p 8:07 p.m. Motion assed unanimousl P Y 09/22/08 -2- DRAFT City Council Agenda Item No. 7b COUNCIL ITEM MEMORANDUM T�� Curt Boganey, Cit Mana er Y g FROM: Maria Rosenbaum, Deputy City Clerk DATE: October 7, 2008 SUBJECT: Licenses for Council Approval Recommendation: I recommend that the City Council approve the following list of licenses at its October 13, 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 fhe City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL Efficient Air Control Htg A/C 15055 Hastings Street NE, Ham Lake Flare Heating Air 9303 Plymouth Avenue, Golden Valley Heating Cooling Two Inc. 18550 County Road 81, Maple Grove Jay Hawk Mechanical 1245 Choke Cherry Road, Lino Lakes Priority Air Mechanical 101 Isanti Parkway, Isanti Summit Heating and Air 1711 County Road H2, St Paul RENTAL See attached report. p ,3n t`'�„ .b Y �3 r c... s r ......�suY. Y2 -E �'�i ,x �3�h'' N. 5;... r a m- -f �e.._.. �..i•` C� :'..a«._ .:R,.. P 1 ,b.. F S�o- .....e... a..M a;�:` ...a �F .r� I, ....,.....r� ...,:3��. a.... 4' '�.�'�'i� 1 r... 4% 3 'ft rs� ,.1' C. 3 .v.a,E✓.,,, �u., ::.?�n. x....:<. r.. ."':p, n....... A i "P�... '3"" 1 t Y `t .i.�:��. x.,.,. v p .3". fi 'a :::.c. E .r. fi. �a 3 'i� �n, .�i a >>3�,,,,... >>.r ^..;ri., -'::a :+u. :.5 �'�.Y�. .n�. x R z 4 ri.. ,.:.a v� ri 3. v r_. u i„ ..:�,v2 i f ,ui. t .,�...v. ,..i; a4 I l73»). Y. .:x._ �/,.�4;.. ?ika,D ��x�. ..a.'�� .s •iifi D, ��..ki�, x Y�� r -..i .r Y�+ 4 3 z r. E a� io,;g _r ,.F y .t I�'k�3 :j' T l r� o ��a�. ��I. r�ua�� n d�� U r F� �s far,�a�rn tal �,c�ns R n x, 9 �Y x x, �i� ..3.„. y..��... ,._r �n�=:. .�'r 3 ..s,� a,�"W......,:r. ....,z.... ..,,1,� ;Kh .�.;�.e� ne... .':•i 3?' 1/Y-.s .a�� F ra: V �N�� .:r(... x ..:i :�'a}'.. .3 .wi i.l�� s 5 -f s� s�� -t<< ,K r 'I e �?c r .a_ t', a�,k� C�� e�S. �c�i c�'�: r� �1 rk,s ,G Inspector CI�,.k�� e,� f fi ys I 3M .F 3N� s a:� s ��c� z Uii �t�! p i DW #�fll R�.'IleVlla 3.�. v a. �,',i ,.:L. 3 a 7•, z 3 ....L x�.., WW s_.. f ��e a,,� r� s a ...........�3 3. ..s s ...;2'' s ,,,Y �r',:..r:,. ':�'S .R. ..........2., .r ..,r. Y. x.::si. v i: i..:y r......, a 1 x y i �.:�Y ,e l 'X' 'Fi �-zz'' K E 3 T�x s' F�iti�� i z�., n ��I #�t�� 5�Y1C G�, "W Ct'.•,r,.. z .y�, Pr.op�rty Rddres� ,a TYp� ar Initi�� 3 3;�, E., t.. a�� .a. ee �z. 4901 61st Ave N �Single Family Initial �Antonio Smith None per 12-911 OK OK 5603 Bryant Ave N �Single Family Initial �Michael Skrogstad �None per 12-911 OK OK 6006 Byrant Ave N �Single Family Initial �Faheem Rizvi �None per 12-911 OK OK 3901 Burquest Ln �Single Family Initial �Edwin Ngang �None per 12-911 OK OK 5630 Irving Ave N �Single Family Initial �Mary Gilleshammer �None per 12-911 OK OK 5540 KnoxAve N �Single Family Initial �Roberto Rodriguez �1 Disturbace per 12-911 OK OK 5730 Northport Dr �Single Family Initial �Trinh Nguyen �None per 12-911 OK OK 7193 Unity Ave N �Single Family Initial ,Mary Turcotte `None per 12-911 OK OK Twin Lake North Apts 46 Bldg 2 Property Damage, 5 Disturbance, 8 Theft 4500 58th Ave N 276 Units Renewal TLN LA NEL (.05) per 12-913 OK OK Emerson Chalet 1 Bldg 1200 67th Ave N 18 Units Renewal Tom Morrow 1 Assault, 1 Disturbance (.11) per 12-913 OK OK 4013 61st Ave N �Single Family Renewal �Toua Vang (None per 12-911 ordinance OK OK 1316 68th Ln N �Single Family Renewal �Valerie Blount McKissack �None per 12-911 OK OK 7055 Perry Ave N �Single Family Renewal �Nguyen Investment Group �None per 12-911 ordinance OK OK 5400 Sailor Ln �Single Family Renewal �Duane Christiansen �None per 12-911 ordinance OK OK 6724 Toledo Ave N �Single Family Renewal �Steven Cheryl Schleif �None per 12-911 ordinance OK OK City Council Agenda Item No. 7c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: October 6, 2008 SUBJECT: Resolution Appointing Additional Election Judges Recommendation: It is recommended that the City Council consider approval/adoption of Resolution Appointing Additional Election Judges. Background: Minnesota State Statutes, Section 204B.21, subd. 2, requires election judges be appointed by the governing body at least 25 days before the election at which the election judges will serve. A resolution is included that lists additional individuals who have applied to serve as an election judge for the 2008 General Election. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES WHEREAS, a State General Election will be held November 4, 2008; and WHEREAS, Minnesota State Statutes, Section 204B.21, subd. 2, requires election judges be appointed by the governing body at least 25 days before the election at which the election judges will serve; and WHEREAS, the individuals selected to perform the duties of election judge are qualified to serve as election judges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following individuals be appointed to serve as election judges for the November 4, 200$, State General Election. Melissa Barnes Tammy King October 13, 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 declaxed duly passed and adopted. City Council Agenda Item No. 7d COUNCIL ITEM MEMORANDUM To: Curt Boganey, City Manager From: Gary Eitel, Community Development Director Date: October 8, 2008 Subject: Resolution Declaring a Public Nuisance and Ordering the Removal of Dead Trees Which Create a Public Safety Hazard Recommendation: It is recommended that the Brooklyn Center City Council, at their October 13, 2008 meeting, declare a public nuisance and order the removal of dead trees as listed on the resolution. Background: Staff viewed the property on September 18, 2008 and discovered that a dead tree had fallen onto the home's electrical service and ripped the electrical mast from the home A conversation with the neighbor confirmed that the home was vacant. The property is in a state of disrepair and uninhabitable at the present time. Excel Energy was notified and the immediate hazard was addressed when the house service lines were disconnected at the utility pole. The City has received a quote from the City's tree contractor to remove the fallen tree, remove other dead and broken tree branches and removal of a dead elm tree. The amount of the estimate is $1,500 plus sales tax. A second compliance notice has been processed. The attached resolution represents the official Council action required to expedite removal of the dead trees and branches, pursuant to Section 20-202 of the city ordinances regarding trees. Bndget Issues: The cost of removal for dead trees located on private property is the responsibility of the respective property owner. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES WHICH CREATE A PUBLIC SAFETY HAZARD WHEREAS, a notice regarding the removal of a dead tree has been sent to the owners of certain properties in the City of Brooklyn Center Brooklyn Center giving the owners ten (10) days to remove dead trees on the owners' property; and WHEREAS, the City can expedite the removal of these dead trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The dead trees at the following addresses are hereby declared to be a public nuisance. Property Owner Property Address Tree Type Yahel Bat-Yah 5649 Brooklyn Blvd I Maple (No. X148) 2. After (10) days from the date of the first notice, the property owner(s) will receive a second written notice allowing (10) additional days in which to remove the dead tree(s). 3. The property owner is notified that if they fail to remove the dead tree(s) following the second notice, the tree(s) shall be removed by the City. All removal costs including legal, financing and administrative charges shall be specially assessed against the property. October 13, 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 of Y BROO.�KLYN 6301 Shingle Creek Parkway Broolclyn Center, MN 55430 C.ENTER October OI, 2008 Yahel Bat Yah 5520 Annapolis Laue #3202 Plyaaouth MN 55441 RE: 03-118-2142-0416 5649 Sroal:Iyn Blvd Brooklyn Center, Minnesota Request #0&011454 Tree(s): #X148 1Vlapie Dear Proporiy Owner; The City tree inspector has recentty inspected your property, and has fo�nd dead hae{s) as n.oted above. ou are hereby notified that City ordinances zequire t�e rem.�va.� of dead irees and aiI debris, brush. and stumps wi�thin ten ys (See enclosed copy of City Ordinances, Sections 19 and 20), The City opera.tes a Diseased Tree removal program, and maintains a contract with a ixee sarvice for remaval of disaased or dead trees. The charge to tha property ovvner is based on the size of the tree, You may choose to remove the dead tree(s) yourself or hire a private service ta do sq or you may choose to participate in the City's grogram. Ya�u' cooperation in this maiter is greatly appre,�iated. Tf you have any questi.ons or wish ta have the Ciiy's conlxactor reinave the treets), p2ease call the City's Tree Program at 763-569-3330, SincerelY, Rebecca Crass Tree Program Coordinator s City Coun�il �genda Item No. 7e COUNCIL ITEM MEMORANDUM To: Curt Boganey, City Manager From: Gary Eitel, Community Development Director Date: October 8, 2008 Subject: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: It is recommended that the Brooklyn Center City Council, at their October 13, 2008 meeting, declare a public nuisance and order the removal of diseased trees as listed on the resolution. Background: The attached resolution represents the official Council action required to expedite removal of the diseased trees most recently marked by the city tree inspector, in accordance with approval procedures. The City of Brooklyn Center has historically maintained a policy of removing diseased trees promptly (in three weeks or less) and enforcement of proper disposal in order to keep this disease from escalating in our community. Budget Issues: The City's share of the cost of removal for diseased trees within the public right of way and City property is included in the 2008 budget under the Public Works Farestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the respective property owner. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance. Properry Owner Property Address Tree No. and Type Gretchin Goodwin 5840 Dupont Ave N 95 Elm 2. After (20) days from the date of the notice, the properiy owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request sha11 be filed with the City Clerk. 3. After five (5) business days, if the property owner fails to request a hearing, the tree(s) sha11 be removed by the City: All removal costs, including legal, financing and administrative charges shall be specially assessed against the property. October 13. 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. 9a �f I 3 City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal Support Services DATE: 9 October 2008 SUB7ECT: Public Hearing for Franchise Fees Amendment Recommendation: It is requested that the City Council, by motion, move the date for the public hearing required to change franchise fees from Monday, 13 October 2008 to Monday, 24 November 2008. Background: On Monday, 25 August 2008 the City Council adopted a resolution calling for a 3% increase in the franchise fee collected from CenterPoint and Xcel Energy. The resolution also called for a public hearing to be held on Monday, 13 October 2008. A public notice was not published in time for the hearing to be held on 13 October 2008. Staff is requesting a change in the date of the hearing from Monday, 13 October 2008 to Monday, 24 November 2008 in order to comply with publication requirements for a public hearing. Financial Impact: There is no financial impact in making a decision to move the public hearing date. C.ity Council Agenda Item No. lla COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Scott Bechthold, Chief of Police DATE: October 6, 2008 SUBJECT: Safe Sober Grant Resolution Recommendation: It is recommended that the City Council approve the attached resolution to continue the application process for the Safe Sober Communities Grant. Background: The police departments of Brooklyn Center and Brooklyn Park are applying to enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled Safe and Sober Communities. The grant period runs from October 1, 2008, through September 30, 2009. If awarded, the grant monies would be dedicated to pay officers' overtime for traffic safety initiatives. Budget Issues: None involved. Attachments: Resolution draft. I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT FOR THE SAFE SOBER COMMUNITIES GRANT WHEREAS, be it resolved that the Brooklyn Center Police Department will enter into a cooperative grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled SAFE SOBER COMMUNITIES during the period from October 1, 2008, through September 30, 2009; and WHEREAS, the Hennepin County Sheriffls Department is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Brooklyn Center Police Department; and WHEREAS, the Brooklyn Park Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the Brooklyn Center Police Department; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Police Department is authorized to execute the Safe Sober Communities Grant. October 13, 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. I City Council Agenda Item No. llb COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: David Peterson, Deputy Director of Public Works� DATE: October 13, 2008 SUBJECT: Resolution Approving Change Order No. 2, Improvement Project Nos. 2008- O5, 06, 07 08, Contract 2008-B, Xerxes 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. 2 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 streetscape style design, has been quite complex. Over the course of construction, additional work items were necessary to address unanticipated construction issues. These additional work items are itemized on the attached Change Order No. 2 and summarized below. 1. The first item is the cost to place a small electric pad and bury underground power to the Marathon gas station at 5710 Xerxes. This work was necessary to allow Xcel Energy to permanently remove three power poles at the same intersection. Total Estimated Cost: 887.00 2. The second item involved work around the proposed wall just north of Applebee's. After excavation was started, staff discovered that an existing pine tree was in the area where drain tile behind the wall was to be installed. The cost is the expense to mobilize equipment to remove one tree. Total Estimated Cost: $330.00 3. This item is the cost to relocate 4 trees. Staff planted four trees and business owners had concerns that they may cause conflict with their signs. These are the costs related to the excavation of four trees and relocating them to a different location on the project. Total Estimated Cost: 418.00 Ianprovement Project 2008-05, 06, 07 08 Change Order No. 2 4. This item is the cost for removal and backfilling a location where a steel electrical vault was in the sidewalk at 56` and Xences. As part of the project the City requested that two vaults be eliminated one at 56 and Xerxes, the other at Xences and Northway Drive. This is the cost to backfill and recompact the area. Total Estimated Cost: 416.03 5. As part of the project, steel fencing was placed at the new MTC bus pads. Due to grade issues and sidewalk spacing difficulties, 10 of the 70 fence panels had to be modified after construction. Total Estimated Cost: 1,293.09 6. The original irrigation plan called for a single water supply and controller near McDonalds. Staff determined that it would be a better plan to have two supply points, one south of Bass Lake Road and one near Xences and Northway Drive. This is the cost for a second controller, cabinet and power feed. Total Estimated Cost: 6,746.30 7. The bus pad at the Xe�es and Northway was delayed and the contractor had to re- excavate and mobilize to install the concrete to support the new fence. Total Estimated Cost: 501.08 8. The last item is a deduct, this was the cost saving to the city due to the fact that the lighting contractor left the concrete light bases low to allow a small pad to be poured beneath the new light poles. Total Estimated Cost: -310.00 Change Order No. 2 in the amount of $10,281.50 represents less than one (1) percent of the original contract amount and along with Change Order 1 still is less than one (1) percent of the original contract amount Budget Issues: The attached resolution approves Change Order No. 2 for the project. The original contract amount is $2,275,139.10. The change order would increase the contract amount by $10,281.50. The change order amount is well within the contingency funds that were reserved for the project by the City Council in September 2007. hiipi•o��ement Pr�oject 2008-05, 06, 07 08 Charige Order No. 2 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 2, 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. 2 for Contract 2008-B; and WHEREAS, said additional work was not included in the original Contract, but was deerned 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. 2 in the amount of $10,281.50 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 Change Order No. 2 10,281.50 Revised Contract Amount 2,291,016.03 October 13, 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 of Brooklyn Center CHANGE ORDER NO, 2 Contractor: C.S. McCrossan, Inc. October 13, 2008 Address: 7865 Jefferson Highway, Box 1240 Maple Grove, NIN 55311-6240 Project: Xerxes Avenue/Northway Drive, SSth and 56` Avenues Street and Utility Improvements Improvement Project Nos. 2008-05, 06, 07 and 08 Contract No. 2008-B The following items were not included in the unit price proposal form, but deemed to be necessary to complete the project according to the intended design. In accordance with the terms of this Contract, the Contractor is hereby authorized and instructed to perform the work as altered by the following provisions. 1. Bury Underground Electric Service to 5710 Xerxes As part of the overall landscaping the City wanted Xcel Energy to remove several power poles at the intersection of Xerxes and Bass Lake Road. The electric service for 5710 Xerxes needed to be placed underground to the Marathon Gas Station site. The cost is for all work necessary to place a small pad and bury power to the site. Total Estimated Cost: 887.00 2. Mobilization for Tree Removal As part of the project a decorative wall is being installed north of Applebee's. Excavation for the wall caused a conflict with a tree and the contractor had to mobilize equipment in to remove the tree. Total Estimated Cost: 330.00 3. Cost to Relocate Four Trees This is the cost related to moving four trees due to conflicts, inctuding excavating, moving and elean up. Total Estimated Cost: 418.00 4. Backfill Xcel Vaults that were Removed As a part of the project the City requested that two vaults in the sidewalk one by Wendy's on 56` and the other at the southeast corner of Northway Drive and Xeraces be removed. The costs reflect the amount to backfill and compact one of those excavation areas. Total Estimated Cost: 416.03 5. Fence At MTC Bus Pads This is the eost related to modifying the fence to fit within the new bus pads. Total Estimated Cost: 1,293.09 Paee 1 of 6. Irrigation System These are the costs to install power and a controller at the intersection of Xerxes Ave. and Northway Drive. The original plan called for a single feed. City staff decided that a two controller system would be better. Total Estimated Cost: 6,746.30 7. Grading and Mobilization for Bus Pads The bus pad located at the Marathon Gas Station was delayed. These are the costs to excavate and compact the area that now encompasses the bus pad area at the southeast corner of Xernes Ave. and Bass Lake Road. and to mobilize equipment to pour the concrete band around the bus pad. Total Estimated Cost: 501.08 8. Deduct for Light Bases The lighting contractor left the concrete low so a concrete pad could be pored over it. This is the cost returned to the city for the amount of concrete that Killmer Electric left low. Total Estimated Gost: 310.00 TOTAL CHANGE ORDER NO. 2 $10,281.50 Original Contract Amount 2,275,139.10 Change Order No. 1 5,595.43 Change Order No. 2 10.281.50 Revised Contract Amount 2,291,016.03 CHANGE IN CONTRACT TIME The Contract completion date is not changed due to the items noted above. Accepted: C.S. McCrossan, Inc. Approved: CITY OF BROOKLYN CENTER By r By: Contractor's Authorize�Re resentative City Manager Date: ��J Date: By: Deputy Director of Public Works Date: y Pane of I City Council Agenda item No. llc CITY COUNCIL MEMORANDUM TO: Curt Boganey, City Manager FROM: David Peterson, Deputy Director of Public Works DATE: October 13, 2008 SUBJECT: Resolution Approving Verizon Wireless Cellular Site Standby Generator Installation and Site Lease Amendment Recommendation City staff recommends approval of amendment to the Verizon Wireless site lease agreement and installation of emergency standby generator at 6831 France Ave. Background Verizon Wireless currently has a leased cellular site at this location and has been there since 2000. Verizon Wireless is requesting permission to install a 30 KW stationary emergency generator at 6831 France Ave N. 6831 France Ave. N. is also the location of City Water Tower #1. City staff has reviewed plans and specifications for generator location which is on the leased premises. Items addressed at review include: Set backs from residential properties Noise levels of generator Amendment to lease agreement stating run times, maximum decibel levels and operational use limits as set by the City of Brooklyn Center. Verizon Wireless has applied for a building permit to install emergency generator. Budget Note All costs associated with generator and installation are the responsibility of Verizon Wireless. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING VERIZON WIRELESS CELLULAR SITE STANDBY GENERATOR INSTALLATION AND SITE LEASE AMENDMENT WHEREAS, Verizon Wireless has submitted an'amendment to the present site lease agreement at 6831 France Ave. N. for the installation of standby emergency generator at this site; and WHEREAS, City staff has reviewed and approves the site lease amendment, site plan and generator specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brookl Center, Minnesota, that the Mayor and City Manager are hereby authorized to approve site Yn lease amendment and installation of 30 KW emergency generator at 6831 France Ave. N. October 13. 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. S(TE NAME: MINC Wobegone SITE NUMBER: AMENDMENT NO. 1 TO SITE LEASE AGREEMENT This Amendment is made as of the day of 2008, and is attached to and made a part of the Site Lease Agreement (the "Agreement") dated June 9, 2000, by and between the City of Brooklyn Center, a Minnesota municipal corporation (herein called "Landlord" or "City") and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless ("Tenant"), with its principal offices located at One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey, 07920 (telephone number 866-862-4404), relative to the property located at 6831 France Avenue North, City of Brooklyn Center, County of Hennepin, State of Minnesota. In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and conditions contained herein, the terms and conditions herein shall control. Except as set forth below, all provisions of the Agreement remain unchanged and in full force and effect. WHEREAS Tenant has requested, and Landlord has agreed, to allow installation of an emergency back-up generator within the Leased Premises. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiei�cy of which is hereby acknawledged, the parties agree as follows: 1. That another sentence be added to Section 1, Leased Premises of the Agreement to provide as follows: ``Landlord hereby consents to allow Tenant to install and maintain additional facilities for an emergency back-up generator (herein called "Generator") as is described in Exhibit C annexed hereto." 2. That an Exhibit C as attached hereto is added to the Agreement. Both parties acknowledge that the primary purpose for this amendment is to install a Generator. Tenant's equipment will be installed in such a manner as to not occupy additional ground space beyond the existing Leased Premises. 3. That all existing tenants on the Property or Structure at the time of the effective date of this Amendment shall be treated as pre-existing tenants with respect to the installation of the Generator added pursuant to this Amendment. Generator facilities of Tenant shall not interfere with the facilities of such pre-existing tenants. 4. That use of the Generator shall be limited to providing back-up electrical power in the event of an electrical power outage at the site. The Generator shall not be used for such purposes as electrical peak shaving or routine alternative power supply when main grid electrieal power is available at the site. Tenant may conduct routine testing operation of the Generator. Routine testing operation shall be limited to one (1) day per week for a m�imum period of forty MINC Wobegone (Verizon Wireless Tower I) Amendment No. 1 (40) minutes during the hours of 1:00 p.m and 4:00 p.m. local time, Monday through Friday, unless specifically authorized in writing by the Landlord's Director of Public Works. 5. That Tenant shall maintain Generator in proper working order to control the level of noise generated from the equipment. The maximum allowable noise level produced from the operation of the Generator shall not exceed sixty-seven (67) decibels as measured at a distanee of twenty-three (23) feet from the Generator unit. 6. That Exhibit A of the Lease Agreement is hereby replaced with attached Exhibit A-1 to amend the legal description for the Leased Premises. The existing Exhibit A contains an enor in the legal description. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates written below. LANDLORD TENANT The City of Brooklyn Center, a Minnesota Verizon Wireless (VAW) LLC municipal corporation d/b/a Verizon Wireless w i B B Y Y Beth Ann Drohan Name: Tim Willson Its: Midwest Area Vice President-Network Title: Mavor C Date: Date: v By: Name: Cornelius Boeanev Title: Citv Manager Date: MINC Wobegone (Verizon Wireless Tower 1) 2 Ame�dment No. 1 I i`�i`�'D,= LANDLQRD ACKNOWLEDGMENT STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoin� instrument was acknowledged before me this day of 2008, by Tim Willson, the Mayor, and Cornelius Boganey, the City Manager, of the City of Brooklyn Center, a Minnesota municipal corporation, on behalf of said municipal corporation. Print or Type Name: Notary Public in and for the State of Minnesota My commission expires: TENANT ACKNOWLEDGMENT STATE OF ILLINOIS SS. COUNTY OF COOK On this day of 200�, before me, the undersigned, a Notary Public in and for the �tate of Illinois, duly commissioned and sworn, personally appeared Beth Ann Drohan, to me known to be the Midwest Area Vice President Network af Verizon Wireless (VAW) LLC dlb/a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ��--1 `Z- Pri� or Type�,�]'.�me: NOTAt�Y °OFFICIAI SEaI" aue�ic A,F�F LATONYA N ELL1S Notary Public in and for the State of Illinois COMMtSSfON IXPIRES 02/U3f09 My appointment expires: MINC Wobegone (Veri2on Wireless Tower 1) 3 Amendment No. I 11`ll�`l<U�:. �3 n o�,� .�R� v 'ExY N 6. NSiNl a ftLl SI1F lElm lblm t f. OLLf11MC IuH 05tlY1tC1 IB� uM C u- omnw mm w.vw cnron nw� ma aoNn x m� sirt N w n� u¢oo�c rvsss ma.n[o n�is u. nmwc unna �a uu�w OiKIMiG WV11W iMM1O1 MCM N[6l 9R p O s. xtr �uv r.ttwon rt�oura r�. acnw umnwic ueasra t ¢�tw.ta cartxo� wa niqr�m[o �S xtw b� cwnrt fm p1 �N o� r 1�I I� a ra UGE vaU m i[v wnaunc iwissa smo�. UG€ UGE a�. un. unnr sasrc wmrrt w.rs ia re. rawn ran (�i ai fi) I ai �a uGE PGwFA ro msIMG YwWa iMNKiSR Avia VGE UGE_...� e. ow�'�'rxn�m u muxcm� am ..rs n. icv i' ov, mnn raa p) �M a 1�) I cu rce �i raaa ma mav„a p0 O 1: 0. M/A IL N[W l/i ON CWD'Jf fAql CFNEMIOfl AMfIffi�Y 10 �IS I O 4 �Q 0� y� pnortt (zl i� u cu was. wu rxw c[x. ro rs'm.a[ �0 o A p O 10. d61b�G MG uF uW .utl MCItt BRFNtflI PAMEI 11 �M RICO aUAY v, ,�(Oy M C�l 91F �p !•,�e IL MQY )/1� ON CpGllf ip� 6�10 QI 1 1 13 W pi0 f0! a s ucouuExom nur flt tuc canwc�ax Ksrt nc ,oa vrt m xnrr •�m uuu �umt. tar �um wo ovnr� p D �i nrc srav[ a �vlMC Ym �4xn M6 d5ro6 coxmnNS raox m ao sMUrUL m. M`Y ]/Y ou, mwn w/ sa mm w/AU un asavu+c[s a mn[a swu x xero.�m m wwza vmas n. o�xc ueyci mn.n w raonn iwc v° r} �h c eoaa rxoamwc wn� n� Waar. t l� v� DESIGN� flECAK/�t C�UC'�EPolpl MNf�L95 ElEn1KK SGNWADS uO �OVL M�RS .l COOfS �0 E%i9wt IS 1. 1F/ A15 Wf 006 Iqi IM�f YIIKJ� WIS W MY. (y 1[N PIUC a .0 xous �un r mum um nw�m �w miart. c EXISTING VZW Tz i �u w.�c wn« nn,m �st e� �nk ,uo a TER amrc ran r� .wo�„a.,. w. �naxs �mrartc�sro•amr EOUIPF�IENT SHEI w V'4n W r (r41iMG YEICR u lJ1 o r�P e I me" �m a� n.: �.,�..�a a>p 0 u mmxes saim �u.�n �a veoE r ap a�mmx l�[ i/�'s) onrH mrt e w�urt i f, v ny, �O w i� _�S 0 V �5 Y' I I I I�� IiGE VGE UGE U!E U UGE WE VERIZON I I n e umrr. �4 0�;5� WIRELESS In a I i�°�e�40 t m:.�.,,.o I o m�r.r�t u�awx i� L�' OV j c�mu«: uc a[cmc nw i 1� sow wc nrm 0 b j PROJECT Y�. tOfMQ lUIl BplO 10 x I 1 L ry ma�rs F ie mnwc c.auo wic p I r oi ua oo suu 20072�2910 I a Q I `\`J C N 9 MINC o Cs° I �s I O Vp p �°'1_._ I G WOBEGONE f n r. °'V GENERATOR ADD s 0 O�Ud 0 0'Qa 6B�3FRANCEAVENUE 20 Q C Q Q Q 7 e� I[�6tixG UL J a tn ap Op rt¢o nur+ BROONLYN CENTER, M1iN mxMFtl fau q.wus s o p o D CtlN F a °A v O a SHEE7 CONTENTS: �uona[ w« c�+ eX a v n.�_- I mwox trai et[crmcu mh. aw� ONE-IINE DIAGRAM s eiec*aicuNOresaoeuna SCAIE�. NONE �qp�p S 1 [p fl�l'JOLL- A E6SIW IMaFAIX�UD UIIIIT NGip161Af Nf1�N1E F1mlMC mMC. W E POIRID M10 I faMfRlCIW 6 IIF..SPn6EE lU Itlf NYYF ubf�lb REPINFG MI61 CdPR MSfMU11dL OMNM Bv: ic06 m b UR116 NO Mbi O]IdICT BOIN Rd1C MO PqX.1E OATE 0].a.0/ URlIY IDG16 EiONE FIGYAVMG CHECREO iY: TM WIfPlCIM 9WL ML YFA$ 06TIIBFD fI REV.• m.11.01 q rnatperoy m mcmx�uciw awmpt NORTH ELECtRICAL TRENCH ocicawi n ELECTRICAL SITE PLAN 7 u[rwx T, C scn�:vie•.i�c ry 0 S�E_,T.,-0� -0 ��z" E-1 City Council Agenda Item No. l l d RANDUM COUNCIL ITEM MEMO TO: Curt Boganey, City Manager FROM: David Peterson, Deputy Director of Public Works DATE: October 7, 2008 SUBJECT: Resolution Establishing 2009 Street and Storm Drainage Special Assessment Rates Recommendation: I Public Works sta.ff recommends that the Brooklyn Center City Council consider the attached resolution establishing 2009 street and storm drainage special assessment rates for City street and utility improvement projects. Background: Each year the City Council establishes assessment rates for R1, R2, and R3 residential zoned properties based on the City's Special Assessment Policy. Within these zoning districts, the assessment rate for street and storm drainage improvements is based on a unit amount that applies to all single family residential properties. The unit amount represents a speeific portion of the average cost for reconstructing a typical residential street and storm drainage system. Street assessments for non-residential and R4 to R7 residential properties are computed separately for each project. Special assessment rates are typically adjusted each year to reflect normal inflationary increases in construction costs. The City's Special Assessment Policy indicates that, "the unit assessment shall be adjusted annually to reflect cost of living increases as measured by the Construction Index". The ENR Construction Cost Index has experienced an annual increase of �}.1 percent averaged over the past four years (2004-2008). The Consumer Price Index has experienced an annual increase of 3.7 percent averaged over the past four years (2004-2008). Note: The ENR twelve month percent change as of September 2008 is 6.3%. The CPI twelve month percent change as of August 2008 is 5.4%. Based on the information above, staff recommends that the special assessment rates be ac3justed by 4.1 percent for 2009. This percentage of rate adjustment should maintain the portion of street and storm drainage costs that are assessed at approximately 40 pereent of the total cost for street and storm drainage improvements. The City Council has historically targeted 40 percent as the portion of street and storm drainage improvements that are assessed to adjoining R1, R2 and R3 residential properties. In future years, the special 2009 Special Assessment Rates assessment rate may need to be increased by larger amounts closer to the current year ENR Construction Cost Index if local bid prices begin to increase at higher rates thanpast years. Budget Issues: An adjustment of 4.1 percent in the special assessment rates would result in an assessment amount of $3435.00 for street improvements and $1031.00 for storm drainage improvements. The total assessment amount would be $4466.00 per R1 single family residential lot in 2009. The attached resolution provides the corresponding adjustments for R2 and R3 zoned properties based on the proposed unit assessment rate. 2009 Special Assessment Rates Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING 2009 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES WHEREAS, the residential assessment rate"s for street and storm drainage improvements are annually reviewed and approved by the City Council; and WHEREAS, the residential assessment rates should be adjusted annually to be effective January 1; and WHEREAS, the 2009 street and storm drainage assessment rates for R-1, R-2 and R- 3 zoned districts are based on a specific proportion of 40 percent of the average cost for street and storm drainage improvements; and WHEREAS, the R-4, R-5, R-6 and R-7 zoned districts will continue to be assessed based on an evaluation of project cost and project benefit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The residential street and storm drainage special assessment rates for street reconstruction shall apply to properties in R-1, R-2 or R-3 zoned districts. These rates shall also be applied to parcels of property in other land use zones when such parcels (a) are being used as one-family or two-family residential sites at the time the assessment roll is levied; and (b) could not be subdivided under the then-existing Subdivision Ordinance. 2. The residential assessment rates for street and storm drainage reconstruction effective January 1, 2009 shall be as follows: Land Use 2009 Assessment Rates R-1 zoned, used as one-family $3435.00 per lot (street) site that cannot be subdivided $1031.00 per lot (storm drainage) I RESOLUTION NO. Land Use 2009 Assessment Rates R-2 zoned, or used as a two-family $45.80 per front foot with a site that cannot be subdivided $3435.00 per lot minimurn (street) $13 .74 per front foot with a $1031.OQ per lot minimum (storm drainage) R-3 zoned (per unit) Assessable fronta�e x$45.80 (street) Number of residential units Assessable fronta�e x $13.74 (storm) Number of residential units 3. The residential assessment rates for street and storm drainage reconstruction shall not apply to R-4, R-5, R-6 or R-7 zoned districts. The assessment rates for street reconstruetion for R-4, R-5, R-6 or R-7 zoned property shall be based on an evaluation of the project cost and the project benefit for each project. October 13, 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 Itern No.-11e I COUNCIL ITEM MEMORANDUM i TO: Curt Boganey, City Manager i FROM: David Peterson, Deputy Director of Public Works �1 DATE: �ctober 7, 2008 SUBJECT: Resolution Estabiishing Project and Accepting Bid and Awarding a Contract, Impravement Project No. 2008-16, Contract 2008-J, Automatic Meter Reading Recommendation: Public Works staff recommends that the Brooklyn Center City Council accept the lowest responsible bidder and award a contract to Northern Waterworks Supply based on bid results provided below and establish Project No. 2008-16, Automated Meter Reading Project. Background: Bids for an automated meter reading system were received on September 1 l, 2008. The bidding results are tabulated as follows Bidder Base Bid Alt. l Alt. 2 Alt. 3 m Northern $2,251,824.15 $2,322,573.25 $1,984,115.27 $2,172,600.24 Waterworks Supply HD/Sensus �$2.612.060.25 I No Bid I No Bid I No Bid DSG Badger I$2,840,777.00 I$2,644,181.35 I$2,539,486.09 I$2,445,418.61 The Base Bid represents all meters in the City replaced and a wire ran from the meter to the outside wall of building for battery and radio transmitter mounting on outside wall. Alt. 1 represents all meters in the City replaced with battery and radio transmitter mounted on the meter inside the building. Alt. Z is partial meter replacement with wire to outside wa1L Alt. 3 is partial meter replacement with battery and radio mounted on the meter inside the building. I City staff recommends the awarding of bid Alternate #l. Alternate #1 includes replacement of all meters with battery and radio transmitter on the meter mside the building. Benefits include Automated Meter Reading data logging capabilities, maximum battery life, and cable installation is not required to the outside wall of the building, which is a requirement in the base bid. Alternates #2 and #3 would require the City to reschedule entry into properties to replace salvaged meters in the future. The competitive bid price in Alternate #1 by Northern Waterworks Supply makes it possible to install all new meters in the City supplied, installed and warranted by one manufacturer. The cost would be less than the DSG Badger bid for Alternates #2 and #3. The City of Brooklyn Center would start out with a completely new Automated Meter Reading System. Alternates #2 and #3 inc�ude the salvaging of approximately 2,931 DSG Badger brand meters seven years old and newer by only changing the meter registers and adding transmitters and batteries. These two alternates present the following issues in the future: Having to regain access into the homes within the next 13 to 18 years in order to replace meters that have reached the 20-25 year life expectancy. Having only a partially new system, while maintaining the salvaged component of the old system. Having DSG Badger Company wanant new registers, transmitters, and batteries that were installed by a competitor. Budget Issues: The Engineer's estimate for the project including meters, installation, engineering and contingency is $2,749,000. The cost of awarding the recommended Bid Alt. #1 is: New Meters and Installation $2,322,573.75 Engineering 84,800.00 Contingency 100.000.00 Total Cost $2,507,373.75 Automated Meter Reading I Me�nber introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT, ACCEPTING BID AND AWARDING A CONTRACT FOR IMPROVEMENT PROJECT NO. 2008-16, CONTRACT 2008-J, AUTOMATIC METER READING WHEREAS, it has been determined that the current meter reading system is obsolete and in need of upgrade, and WHERAS, a replacement system will result in improved reading accuracy and customer service, and WHEREAS, pursuant to an advertisement for bids for Improvement Proj ect No. 2008- 16, bids were received, opened, and tabulated by a City representative and TKDA Consulting Engineers on the 11 day of September, 2008. Said bids were as follows: Bidder Base Bid Alt. 1 Alt. 2 Alt. 3 Northern Waterworks $2,251,824.15 $2,322,573.75 $1,984,115.27 $2,172,600.24 Supply HD/Sensus $2.612.060.25 $No Bid No Bid No Bid DSG Badger $2,840,777.00 $2,644,181.35 $2,539,486.09 $2,445,418.61 WHEREAS, Northern Waterworks Supply is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized to enter into a contract with Northern Waterworks Supply of Blaine Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2008-16, using Bid Alternate No. 1 in accordance with the plans and specifications on file in the office of the City Engineer. 2. The estimated proj ect costs are sumrnarized below and proj ect revenues shall be derived from sale of bonds. RESOLUTION NO. COSTS Contract $2,322,573.75 Engineering/Admin 84,800.00 Construction Contingency 100.000.00 Total Estimated Construction Cost $2,507,373.75 October 13. 2008 Date Mayar ATTEST: City Clerk The motion for the ado tion of the fore oin resolution was dul seconded b member P g g Y Y 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. llf COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM; Gary Eitel, Community Development Director j� DATE: October 9, 2008 SUBJECT: Resolution Amending the Schedule for Planning and Inspection Fees Recommendation: It is recommended that the City Council adopt the Resolution Amending the Schedule for Planning and Inspection Fees to establish a fee for work that has commenced without a pernut (Investigation Fee). Background: In June of 2008, Mike Fricke from the State of Minnesota, Code Administration Rules and Information, conducted an annual audit of the Building Inspection and Safety division of the Community Development Department. This annual audit involves a review of all files and records related to plan review, the administration and issuance of pernuts and record retention related to pernuts. Mr. Fricke recommended that the City incorporate into its City Fee Schedule an Investigation Fee as allowed under State Statute No. 1300A160, Sub. 8 for work commencing before a permit is issued. This code states, `If work for which a permit is required by the code has been commenced without first obtaining a permit, a special investigation sha11 be made before a permit may be issued for the work. An investigation fee established by the municipality shall be collected and is in addition to the required pernut fees, but it may not exceed the permit fee.' The attached resolution replaces the current practice of a double fee to an Investigation Fee when work has commenced prior to obtaining a building permit. This fee is charged in addition to a building permit fee. The City Council's resolution sets the Investigation Fee at a rate equal to the original building permit fee. Budget Issues: There are no budget issues since the fee associated with any project which commences without the issuance of a building permit remains at two times the established building permit fee Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE SCHEDULE FOR PLANNING AND 1NSPECTION FEES WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution No. 99-172 on November 8, 1999, which established fees to be charged for building permits; and WHEREAS, the City Council has determined that it wishes to adopt an Investigation Fee to be collected with building permits for work commenced without first obtaining a permit, when a permit is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the City's fee schedule for Planning and Inspection Fees as follows: Building Permit Fees Investigation Fee Same Amount as Building Permit Fee BE IF FURTHER RESOLVED by the City Council of the City of Brooklyn Center that this resolution shall be effective October 13, 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. llg ,�;9 v d— t f`�� ,f� r.� i r� s.. Presci�ced ny�: Vickie Schleunin�, AssistanE to the C`ify l�7anager Coinmunih= Develogment Police Deyartmeilt_ Pub]icYVort<s �'i1� of I3rool;h�n Cei�ter l�ilti Crnincil 1ledtine� C)ctobe+ T3. 3b08 [f g� y f Q{ r°`. T. C7 �c`i�k�'6J�Y1t� o I'rc��s�d C��c�il�at�c� Stand�r��s C�t��cil Dir�ctioa� �t- i ,-aG, .i 1 s �Y-� S��€�`��ecific g��attiti t�r��in��nc�� :i5ts. �t�a�r�ntly u�e si�n ��rc�inan�e. 1,e��I ic�ul�sel recomn��llcis �;1��lftiti ��c 5��ciiicall�� d��ressec� Iri �rc�izaance. fl�raffiti �1e��tiv�ly� iinp�cts the nci�;hborh«c��j an�� on Gi•attiti is a U1i�111 tc� tllc s��rrou�ldin�; }�i•c�pei zlei�hl��rl�c�c��3. ��la�;tiec� b�� graifiti berni��s u�l��ezatii�� to pr��5pecti��E hc�n�e ��ev�lei t�n�ilts. •�t'�Ot 1C'IItC)V1I24r crP�ljfltl UICi)L2i"F}i�C'S 12�t1.1`171�, Vll)1C 11CC' c111C� gnorG �,i°atfiEi.`��raftiti c�ftcil lin`kc•�� l�� e�cti�ihr: Inci��c��1c�>�,�of �r��ffiti co��ti»ue t�� rcur. 1il�sutt�e�ii�sla��ces,� it is incr�:rtsin�;l}- c�il[icul��t !c, ac�hic��c� vb'ltmt�arv�ctm�pliaz�cc�. �r �`a,� t:� Q �:r.�ie�iiti�ion fc�r �raffiti is e.stal�lishea. cs ��raff is �e�lared public nuis�ance. Pec�tzi�-�rnertts �nd standards fc�i ��enloval �p ai�c� resfogatia� are��establisllec�. �t Res�c�nsil�le party-(iesj for braffiti i�errboval is definec�. Pro}�eP O�tiriler a Prr�prrt�' u��ner ind }��rsc7n iii �ossessic�n responsible lur keepiii�; tl�e �r��pert�° cle�ar �,f �;r�ffiti. ,a sec�n�d��>>otification will l�e Sta?iilard �ti°]ierethe prt��rh° res��nsible.� g Tlie P�i��ctrator �tiiltS' perp��trator ma� be� requ ired tn rc�mo� c ur �pa� f�>r the co5is foi•�tll�� remt�i��ll 09 tbc gr�jffiti �-��itl�ii� lu>urs. Al�ater�lent proceclures 2tZC� cost recover�� are establisl�ed; sinular to othe�� szuisanees (lo,�g g�-ass/��-eeds, jtinl: vehicles) Pro��erties �ti�llere occtiu��nces of �g•affiti are repetitious� are a�iciressed l�y re�uiri�2g long-��rm solutions. .i 1 `x ��:��i��a��.��f� n Police Depar�nent i°es��onds to original :�nc�iifications of graffiti. They document tags :t� t and pursue apprehension of ��rpetrator. n Cominunit�r Developrnent addresses the ��moval of g defaceinezlts��tllrough� code enforcement efforts. Public ��Vorks Departznent responds� to public� p�oper�y defacements to cleanu� graffiti. d� i t �'f �..3 ='o �ouricil �?i�°ection r ;n 2"tj Reac�ing; Ptzblic Hearinb T�ntatiti��l1�>sclle��ulet� for No�Tell�ber 10, 200� 1 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Vickie Schleuning;�Assistant to the City Manager DATE: October 13, 2008 SUBJECT: An Ordinance Amending Chapter 19 Of The City Code Of Ordinances Adding New Sections Relating To The Abatement Of Graffiti Recommendation: Staff recommends that the Brooklyn Center City Council consider approving first reading establishing an ordinance regulating graffiti, and scheduling second reading and Public Hearing for November 10, 2008. Background: Graffiti vandalism continues to be a concern in the city, and achieving voluntary compliance has become more difficult in certain cases. Graffiti perpetrators are often associated with other criminal activities, including violent crimes. When a property is tagged, neaxby properties often become targets of graffiti and other vandalism, especially if the graffiti is not removedpromptly. S Graffiti negatively affects entire neighborhoods. The sign ordinance has been used in the past to address graffiti, but does not adequately address graffiti related issues and may be subject to legal challenge. This ordinance would be incorporated into Chapter 19, and would provide tools that would be beneficial in protecting public and private property from defacement. Some key points of the ordinance are: Graffiti is defined. Requirements for remo�al and standards for restoration are established. The responsible parties are defined. Abatement and cost recovery procedures are established. Long-term solutions for re-occurring violations are addressed. Abatement procedures are established. Budget Issues: Staff time from Police, Public Works, and Community Development is necessary to address increased graffiti defacements and abatements. Resources may be necessary to adequately address graffiti abatement on public property. An ordinance specific to graffiti would improve the effectiveness of staff in encouraging property owners/management to remove graffiti. Attachment: PROPOSED ORDINANCE CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the l Oth day of November, 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 amendment to Chapter 19 of the City Code relating to the abatement of graffiti. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 612-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY CODE OF ORDINANCES ADDING NEW SECTIONS RELATING TO THE ABATEMENT OF GR.AFFITI THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAlN AS FOLLOWS: Section 1. Chapter 19 is amended to add the following new Sections: Section 19-3000. FINDINGS AND PURPOSE. The Citv Council of the Cit�� of Brooklvn Center is enactin� sections 19-3000 throu�h 19-3006 to helv nrevent the snread of �raffiti vandalism and to establish a�ro�ram for the removal of �raffiti from �ublic and nrivate nronertv. The Council finds that �raffiti is a nublic nuisance and destructive of the ri�hts and values of pronertv owners as well as the entire communit�. Graffiti nernetrators are often associated with other criminal activities, includin� violent crimes. Unless the Citv acts to remove �raffiti from public and nrivate nronertv, the �raffiti tends to remain. Other tironerties then become the target of �raffiti and entire neighborhoods are affected and become less desirable �laces in which to be. all to the detriment of the citv. The Citv Council intends, throu�h the adovtion of sections 19-3000 throu�h 19-3006 to provide additional enforcement tools to urotect bublic and nrivate nronertv from acts of �raffiti vandalism and defacement of nublic and nrivate nrobertv. The council does not intend for these sections to conflict with anv existin� anti-�raffiti state laws or "criminal dama�e to �ronertv" laws. Section 19-3001. DEFINITIONS. The followine definitions shall aunlv in the interoretation and enforcement of sections 19-3000 throu�h 19-3006. 1. Aerosol Paint Container means anv aerosol container that is adavted or made for the nurnose of annlvin� snrav naint or other substances ca�able of defacin� nropertv. ORDINANCE NO. 2. Broad-Tinned Marker means anv felt tin indelible marker or similar imnlement with a flat or angled writin� surface that. at its broadest width, is �reater than one-fourth of an inch, containin� ink ar other bi�mented liauid that is not water soluble. 3. Citv Mana�er the Citv Mana�er of the Citv of Brooklvn Center or the authorized desi�nee. 4. Etchin� Eauinment means anv tool, device, or substance that can be used to make nermanent marks on anv natural or man-made surface. 5. Graffiti means anv unauthorized inscriation. word, fi�ure, naintin�. svmbol, or other defacement that is written; marked. etched, scratched, s�raved, drawn, nainted, or eneraved on or otherwise affixed to anv surface of nublic or nrivate nronertv bv anv �raffiti implement, to the extent that the araffiti was not authorized in advance bv the owner or occunant of the nronertv, or, desnite advance authorizations, otherwise deemed a public nuisance bv the citv counciL 6. Graffiti Imnlement means an aerosol �aint container, a broad-tin�ed marker, �um label, naint stick or �raffiti stick. etchin� eouinment, brush or anv other device caoable of scarrin� or leavin� a visible mark on anv natural or man-made surface. 7. Paint Stick ar Graffiti Stick means an� device containin� a solid form of paint, chalk, wax, enoxv, or other similar substance capable of bein� annlied to a surface bv nressure and leavin� a mark of at least one-fourth of an inch in width. 8. Owner those shown to be the owner or owners on the records of the Henne�in Countv Debartment of Protiertv Taxation: those identified as the owner or owners on a vacant buildin� re�istration form. a holder of an unrecorded contract for deed, a mort�a�ee ar vendee in nossession, a mort�a�or or vendor in �aossession, an assi�nee of rents, a receiver, an executor, a trustee, a lessee, other oerson, firm or coraoration in control of the freehold of the uremises or lesser estate therein. An owner also means an�� nerson, partnershin, association, corooration, or fiduciarv havin� a le�al or eauitable title or anv interest in the nronertv or buildin�. This includes anv nartner. officer, or director of anv partnershin. corooration. association or other le¢allv-constituted business entitv. All owners shall have ioint and several obli�ations for comnliance with the tirovisions of sections 19- 3000 throu�h 19-3006 of this code. 9. Resnonsible Partv means an owner, occuoant, entitv or nerson actine as an a�ent for the owner who has direct or indirect control or authoritv over the buildin4 or real nronertv upon which the buildin� is located. Anv oartv havin� a le�al or eauitable interest in the nrobertv. Resnonsible nartv mav include, but is not limited to, a realtor. service nrovider, mort�a�or, leasin� agent, management comvanv or similar uerson or entitv. Section 19-3002. PROHIBITED ACTS. l. Defacement. It is unlawful for an� nerson to annlv �raffiti to anv natural or man-made surface on anv nubliclv or nrivatelv-owned nronertv. ORDINANCE NO. 2. Possession of �raffiti imnlements. Unless otherwise authorized bv the owner or S occupant, it is unlawful for anv berson to nossess anv �raffiti imnlement while: a. within 200 feet of anv �raffiti located in or on a�ublic facilitv, nark. nlav�round. swimmin� nooL recreational facilitv. brid�e, or other oublic buildin� or structure owned or oberated bv a�overnmental a�encv; ar b. within 200 feet of an� �raffiti located in anv nublic nlace or on nrivate pronertv, between the hours of 10:00 n.m. and 5:00 a.m. Section 19-3003. GRAFFITI A5 NUISANCE. 1. Declaration. The existence of �raffiti on �ublic or vrivate nronertv is exnresslv declared to be a nublic nuisance and, therefore, is subiect to the removal and abatement provisions specified in sections 19-3004 and 19-3005. 2. Dutv of nronertv owner. It is the dutv of both the owner of the pronertv to which the �raffiti has been annlied and anv resnonsible nartv to at all times keen the nropertv clear of �raffiti. 3. Re�neat violations. If a vrobertv is subiect to three or more occurrences of ¢raffiti within a vear, annlication of anti-�raffiti material of a tvne and nature that is accentable to the citv mav be reauired for each of the nubliclv viewable surfaces after notification bv the citv, or S imposed durin� imnrovements or construction activities to the site as determined bv the cit�. Section 19-3004. REMOVAL OF GR.AFFITI. 1. Bv nerpetrator. The Citv mav reauire anv nerson annlvin� �raffiti on nublic or nrivate propertv to either remove or oav for all costs for removal of the �raffiti within 24 hours after notice bv the citv or nronertv owner. The removal must be �erformed in a manner nrescribed bv the citv, with materials and colors compatible with existine surfaces, and to a comnarable or improved condition before the sraffiti a�nlication as determined bv the citv. Where sraffiti is v ld. the barents or le�al �uardian will also be resvonsible for lied bv a erson under 18 ears o app p such removal or for navment for the costs of removal. Failure of anv nerson to remove �raffiti ar bav for the removal will constitute an additional violation of this ordinance.. 2. Bv Aronertv owner or citv. In lieu of the nrocedure set forth in nara�ranh L the citv mav order that the �raffiti be removed bv the uronertv owner or resuonsible bartv. Graffiti removal and corrections must be �erformed with materials and colors compatible with existin� surfaces as determined bv the cit�. If the nronertv owner or resvonsible nartv fails to remove offendin� sraffiti within the time snecified bv the citv, the citv mav commence abatement and cost recoverv proceedin�s for the �raffiti removal in accordance with section 19-3005.. Section 19-3005. ABATEMENT PROCEDURE. l. Abatement bv citv. If the owner or resx�onsible nartv does not com�lv with the notice within the time snecified, the citv mav abate the nublic nuisance. ORDINANCE NO. 2. Notice and Hearin¢. The followin� notification must be conducted �rior to citv abatement of the �ublic nuisance. Whenever it is determined that a�ublic nuisance is bein� maintained or exists on a vro�ertv, the Citv Manater must �ive seven (7) davs' written notice through service bv mail, bv nostin� a notice on the nronertv. or bv nersonal deliverv to the owner or resnonsible nartv of the nronertv on which the �ublic nuisance is located. When the oronertv is occunied, service unon the occuoant is deemed service u�on the owner. Where the nropertv is unoccunied or abandoned. service mav be bv mail to the last known owner of record of the, propertv or bv postin� on the nropertv. The notice must state: a. A descrintion of the nublic nuisance; b. That the x�ublic nuisance must be corrected within 7 davs of the service of the notice; c. That if the nublic nuisance is not oronerlv removed or corrected as ordered, the, public nuisance will be abated bv the citv and the costs of abatement will be s�eciallv assessed to the nropertv taxes: d. That the owner or resoonsible nartv of the nronertv on which the nublic nuisance is located mav in writin� reauest a hearing before the Citv Manager (or citv council?l. 3. Hearin�, Action. If a hearin� is reouested durine the 7-dav neriod, the Citv Mana�er must nromntiv schedule the hearin�, and no further action on the abatement of the public nuisance mav be taken until the Mana�er's decision is rendered. At the conclusion of the scheduled hearin�, the mana�er mav il cancel the notice to remove or correct the ?�ublic nuisance. iil modifv the notice. or iiil affirm the notice to remove or correct the �ublic nuisance. If the notice is modified or affirmed, the �ublic nuisance must be disoosed of in accordance with the citv's written order. 4. Summarv abatement. The enforcin� officer mau nrovide for abatin� a nublic nuisance without followin� the nrocedure reauired in nara�ranh 2 when: a. there is an immediate threat to the public health or safetv; b. there is an immediate threat of serious nronertv dama�e; c. a nublic nuisance has been caused bU nrivate narties on nublic nronertv; or d. anv other condition exists that violates state or local law and that is a�ublic health or safetv hazard. A reasonable attemvt must be made to notif� the owner, occubant. or other resnonsible nartv of the intended action and the ri�ht to aoneal the abatement and cost recover� at the next reQUlarlv-scheduled Citv Council meetin�. 5. Cost recoverv. The owner of nronertv on which a nuisance has been abated bv the citv, or a person who has caused a vublic nuisance on ?�ronertv not owned bv that nerson, is nersonallv liable to the citv for the cost of the abatement, includin� administrative costs. As soon as the work has been comnleted and the cost determined. the citv will nrenare a bill for the cost and ORDINANCE NO. mail it to the owner or other res�onsible oariv. The amount is immediatelv due and �avable to the citv. 6. Assessment. If the cost,. or anv nortion of it, has not been paid within 30 davs after the date of the bill, the council mavi certif�� the unnaid cost a�ainst the oronertv to which the cost is attributable in accordance with the �rocess set forth in section 19-105 of this Code., Section 19-3006. PENALTIES., l. Anv violation of sections 19-3000 throu�h 19-3006 is a misdemeanor, punishable in accordance with state law. The Cit�� is not, however, �recluded from seekine other remedies or civil penalties available under this code or state law. A�rivate nronertv owner mav also seek additional nenalties or remedies. Section 2. This ordinance shall become effective after ado�tion and u�on thirtv (301 davs followin� its le�al publication. Adopted this day of 2008. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underline indicates new matter; strikeout indicates matter to be deleted.) City Council Agenda Item No. llh i 10/13/2008 Background Information April Discussion- Discussed IssuesAssociated with Vacant Building Issues, Codes, Existing and Potential ManagementTools, Options August Update Reviewed findings of research and implementation strategies- abatements, VacantWatch, interdepartmental coordination ReviewedtheAnalysisofVacantSingleFamilyResidentialHomes Identified VacaM Properties EvaluatedConditions Projected Resources HighlightedSaleslnformation ReviewedPreliminaryDraftofProposedVacantBuildingOrdinance a Proposed Vacant Building Ordinance Highlights Q Council Direction io/i31aoo8 Z 1 10/13/2008 Identification o�fUacant Properties and Status in B'rooklyn Center: Foreclosure numbers are`high- More than 600 5ince J.une zoo6'. Approx. z5o in zoo7 and 28o in zoo8 year-to=tlate Recent information suggests decrease in subprime loans for zip codes in Brooklyn Center Number of vacant properties high Approximately zoo vacantsingle family residential homes Some �acant for mflre than z years` Tre`nds Prc�blern cycle starting earlier- pre-fareclosure stage vs. after Sheriff sale Extended stafftime to address issues, sorraetimes without improvetl compliance time io1131aoo8 a �Lc°�3 y7 !s �/`r?T''C� tt l f 4 ;�C �,�.l,` s 1 e Sr.s �e,g� t E t, ;�{a 2° s)r A f x r -•t�rf ��va s t 1 E.E t�: �e; P ti e p 1 ��e� 4 �k k f 3 �°C f i s .:a� a ye �3�.�.<�...�� .�J �.N��:�.� ',1^- t E, e 'C p a j 9 i t i" �d E E 1 e '�J_a-- ,�`�;�e y t a —a a �.r t #��r��'a E r t_ 3 �a 1 i�_ 2 10/13/2008 Increase demand to manage vacant properties Early response to nuisances and issues Prevents more costly and severe pro'blems, protects lives Resident expectations to remove nuisance situations high (Unsecured properties, garbage/junk, abandoned properties, unmaintained properties) Information to develop long-term strategies �or� s o� r r �4 �a� c� C E' Y Evaluated Condi#ion of Properties (Exterior prirnarily) �5 Vacant Properties easily identified- with or without signs 8y.% properties had one or more code violations Junk, garbage, long grass/weeds, tree/brush debris Z�Yo significant health/life safety hazards Some vandalism and criminal activities 5z% properties had structural or physical deficiencies a 26% not secured and open to trespass bypeople or pests Approximately z6 properties identified as outdated or significant code/maintenance issues-15 single family homes Foundation issues, pipes burst and extensive damage, outdated, etc. For sale near or below land value (-$60,000) �ol�shooe 6 3 10/13/2008 Other Information F Contact Information Concern about posting property making vacant property more visible- was not validated during this analysis 36�/a were not posted with any contact information More likely to have property code violations Take more staff time to resolve issues Ownership Status'- 78% of propert'ies related to foreclosure zo% still in redemption period g% of properties under repair during inspection �o��s�zooe Significant city resources already being expended to address vacant properties, shifting resources fcom other program areas Code Enforcement, Police Department, Assessing, Public Works Resource Projections Based on current data and inventory 50o hours to address identified issues, up to $a5,000: Does not reflect other department resources- PD, finance, assessing, etc. Extreme case ar better compliance could skew resource needs Other cities calculate cost of vacant properties at approx. $9,boo (Minneapolis) Proposed fees to:help recover costs Fee structure to be presented in £uture io1131zoos s 4 10/13/2008 Highlight of Sales Information Presence of vacant homes/foreclosures irnpacting sales prices of open market transaction's Inventory of lender mediated homes for sale nearly :doubled, while traditional transactions reduced i6% in :Twin Cities from zoo7 to 2008. Lender-mediated home sales were 56% of the sales in Brooklyn Center in the Qi andQzzoo8 *InfofromMinneapolisAreaAssociationofRealtars,QZ '2O From Jan z to July 3i,i54 single. family homes sold in Brooklyn Center, iz7 were lender-mediated or nontraditional sales �o io�z3lzoo8 9 GeneralObservations Early intervention with vacant properties to ensure rninimum cornmunity standards increases citizen safisfaction and confdence iz city facilitated abatements performed for zo properti�s Significant city `resources already beirig expended to address vacant properties, shifting resources from ;other programareas Concentrated or dustered vacancies greatly increases the impact.to neighborhood, from visual and emotional perspective Although challenges, opportunities exist for revitalization and renewal Observed approximately so% of vacant properties being repaired/renovated z3% of properfies on original vacant list were reoccupied �a��snaos �o 5 10/13/2008 i :u j'� ��r� ioh3hoo8 lZ 6 L �z �Z�s z �oz SOOZ/£T/OT 10/13/2008 I� u K� �F� �o��s�z�a =s i ��i 5 2 �A =o113lzoos 16 10/13/2008 c 4: �lO�lj�2008� l� "J Broken, boarded up a�roatmM ian WI(1C�OWS; s electrical hazards;� garbage/trash, abandoned �'I �'I� I junkvehicles �ioh31zoo8�...,. i6 9 10/13/2008 Fixtures removed and other problems, graffiti inside with other I significant vandalism, mold throughout walls and ceilings due to water damage i�� i� ��ihl i i I�i iola3lzoo8 19 .,t,� Vacant properties negatively; impact the comrnunity- image, health/life safety, substandard properties, financially' Brooklyn Center has a high number, comparatively to other years and cities Encourage industry and individuals to better vacant properties Obtain a higher degree of commitment from indust.ry, provide contact.for. property Set clear standards, expectations, image Compile standards in one area- positive feedbatk from servicers Suggest different standards forcertain issues- to a11ow earlier'intervention such as long grass/weeds,' notification Some items in turrent code- referenced for clarity �onsnoos �o 10 10/13/2008 I I Address problems more effectively and efficiently e Streamline compliance process to reduce the amount of time to correct violations Shift resources from enforcement related to remediation Reco�er same city costs to address issues associated virith vacant properties Fee schedule- to be discussed at future date Hold parties that consume excessive city resources accouritable, encourage responsible parties to voluntarily participate s Improve neighborhood health, safety, and appearance Prevent and address life/health safety hazards- explosions, water damage�mold, pest infestation, structural problems, etc. Reduce opportunityforvandalism and criminal activities- problem likelyto increase withpoor economy Retain property owners who care, encourage reinvestment Many properties for sale, attract responsible buyers �o��3iz�a z� Registration of vacant property Requires contact info Posting permit- with contact info Excludes "snowbirds" Some waiver considerations for current, short-term construction projects Includes fees- to help recover city costs, special assessment language- to be brought forward in future Property Plan- long-term capital improvements 3. Inspection requirement- must be available for interior review upon request and prior to re- occupancy �o��3nooa 22 I I 11 10/13/2008 Posting Notifi�ation about Unautharized Entry- trespass, helpful for prosecuting Loitering and criminal activity expressly not allowed s, Provides explicit standards for illegal removal of copper, brick5, appliances and similar thefts. �oh3rxooa z3 7. Maintenance Standards -Guidelines for acceptable securing Fire Safety, Plumbing, Electrical, Lighting, Heating facilities -Termination of utilities- provides process -Signage- repair buildings when signs removed, removal of signs when worn or obsolete. -Addresses police protection systems -Criteria for property maintenance- I I Reduce grass height from 8 inches`to 6 inches illegal dumping address graffiti address garbage/junk, health and life safety issues'and remediation �oi�srzooe z4 12 10/13/2008 8. Provides remediation process- ongoing compliance notice g. Cityfac'rfitatedabatementauthority so. Cost recovery language 11. Establishes and appeal process �o/z3lzoo8 ZS J z"d Reading, public hearing Tentatively scheduled for November �o, zoo8. Fee schedule for review in future Council Direction ThankYou ao113/zoo8 z6 13 I COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager ,v FROM: Vickie Schleuning, Assistant to the City Manager DATE: October 13, 2008 SUBJECT: An Ordinance Amending Chapter 12 of the City Code of Ordinances Adding New Sections Relating to the Registration and Regulation of Vacant Buildings Recommendation: Staff recommends that the Brooklyn Center City Council consider approving first reading of an ardinance amending the Regulation of Vacant Properties, and scheduling second reading and Public Hearing for November 10, 2008. I Background: On April 28, 2008, the City Council provided feedback to staff regarding strategies to address nuisance issues associated with foreclosed and vacant properties. Staff implemented some successful anti-blight strategies (I.e. VacantWatch, abatements, periodic monitoring), while gathering information in order to develop an ordinance to address associated issues. I The findin s of an anal sis of vacant sin le famil roperties were reviewed with the g Y g YP City Council on August 28, 2008. More than 80% of the properties had code violations, ranging from minor nuisances to significant hazards, and often resulting in blight in the neighborhood. Staff has also received feedback from service provider companies, who help mortgage companies maintain properties, regarding logistics of vacant building registration and requirements. As a result, an ordinance to address vacant buildings is i attached for your review and adoption. The purpose of the ordinance is to help track and e a method to im rove communication manage the conditions of vacant properties, provid p and education for interim owners and potential buyers, provide a method in which to implement long-term foreclosure and revitalization strategies, and help recover some of the costs to the city to perform these functions focusing on those parties that use excessive city resources. The following are highlights of the proposed vacant building registration ordinance: Require a residential or commercial property vacant for more than 30 days to be registered with the city. Properties vacant for more than 365 days, without an approved property plan, would be required to be demolished. i Establish definitions. An owner and responsible party would include anyone with ownership interest in the property. Provide securing and maintenance requirements. Establishes a process for correction and city-facilitate abatements. Establishes a process for collecting unpaid fees and costs of abatements, including special assessment. BUDGET ISSUES A significant amount of city resources is being expended to address vacant property issues, often shifting resources from other program activities. Information about funding sources and fees will be provided at a future Council Meetirig. Some budgetary items to consider include: Staff resources for on-site evaluations, administrative functions, registration process, and similar operations would be required. Some of these functions have been considered in the 2009 budget as part of the special levy. Other resources I would be funded by proposed registration fees. o Registration fees vary across the nation. Fees are as low as $150 year to more than $6,000 year. Many tiered or sliding fee schedules exist, which are based on c�ndition of property/violations or length of vacancy. Feedback from agencies and industry varied as well. Costs and allocation of resources- balancing resources devoted to criminal enforcement actions (punishment) versus correction. ATTACHED Pro osed Ordinance Amendment P August 25, 2008 Council Work Session Documents I Attachment I- Proposed Ordinance CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the l Oth day of November, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heaxd, at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 12 of the City Code of Ordinances adding new sections 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 City Clerk at 612-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCES; ADDING NEW SECTIONS RELATING TO THE REGISTR.ATION AND REGULATION OF VACANT BUILDINGS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section l. Chapter 12 is amended to add the following new Sections: Section 12-1501. POLICY. The vurnose of sections 12-1501 throu�h 12-1511 is to protect the nublic health, safetv, and welfare bv establishin� a nro�ram for the identification and re�ulation of vacant buildin¢s within the Citv. Sections 12-1501 throu�h 12-1511 also determine the resnonsibilities of owners of vacant buildin�s and provides for administration, enforcement, and aenalties associated with the same. Section 12-1502. FINDINGS. Vacant buildin�s are a maior cause and source of bli�ht in residential and non-residential nei�hborhoods, es�eciallv when the owner or resnonsible nartv of the buildin� fails to activelv maintain and mana�e the buildin� to ensure it does not become a liabilitv to the nei�hborhood. Vacant buildings often attract transients, homeless neonle, tresnassers. and criminals, includin� dru� abusers. Ne�lect of vacant buildin�s, as well as use of vacant buildin�s bv transients and criminals creates a risk of fire, exnlosion, or floodin� for the vacant buildin� and adiacent pronerties. Vacant pronerties are often used as dumoin� �rounds for iunk and debris and are often overerown with weeds and erass. Vacant buildin�s, which are boarded up to nrevent entrv bv transients and other lon�-term vacancies. discoura�e economic develonment and retard apnreciation of nronertv values. There is a substantial cost to the citv for monitorin� vacant buildin�s whether or not those buildin�s are boarded up. This cost should not be borne bv the general taxnavers of the communitv but rather these costs should be borne bv those who choose to leave their buildings vacant. ORDINANCE NO. Section 12-1503. DEFINITIONS. The following definitions shall ax�nlv in the intemretation and enforcement of sections 12-1501 throu�h 12-1511., l. Comnliance Official the Citv Mana�er and his desi�nated a�ents authorized to administer and enforce sections 12-1501 throuah 12-1511 of this Code. 2. Buildin� a buildin� or structure desisned for business use or human use or oCCUpancy. 3. Owner those shown to be the owner or owners on the records of the. Hennenin Countv Denartment of Pronertv Taxation: those identified as the owner or owners on a vacant buildin� reaistration form, a holder of an. unrecorded contract for deed. a mort�a�ee or vendee in �ossession, a mort�a�or or vendor in oossession, an assi�nee of rents. a receiver, an executor, a trustee. a lessee. other nerson, firm or corooration in control of the freehold of the bremises or lesser estate therein. An owner also means anv person, nartnershin, association. corooration. or fiduciarv havin� a le�al or eauitable title or anv interest in the oropertv or buildin�. This includes anv partner. ofFicer or director of anv nartnershin cornoration, association or other le�allv-constituted business entitv. All owners shall have �oint and several obli�ations for comoliance with the t�rovisions of sections 12-1501 throu�h 12-1511 of this code. 4. Resnonsible nartv means an owner occunant, entitv or nerson actin� as an a�ent for the owner who has direct or indirect control or authorit�� over the buildin� or real nronertv unon which the buildin� is located. Anv nartv havin� a le�al or evuitable interest in the oronertv. Resnonsible nartv mav include, but is not limited to. a realtor. service nrovider, mortsasor. leasin� a�ent, mana�ement comnanv or similar nerson or entitv. 5. Vacant buildin� a buildin� or structure is vacant if no nerson or uersons actuallv and currentiv conducts a lawful business or lawfull� resides or lives in anv nart of the buildin� on a nermanent, nontransient basis in accordance, with the Citv's zonin� re�ulations. Section 12-1504. VACANT BUILDING REGISTRATION. 1. Aunlication. The owner or resvonsible nartv must re�ister a vacant buildin� with the Citv no later than thirtv (301 davs after the buildin� becomes vacant. The re�istration must be submitted on a form nrovided bv the citv and shall include the followin� information sunplied bv the owner: a. The name, address. telenhone number. and email address, if anplicable, of each owner or the owner's renresentative; ORDINANCE NO. b. The names, addresses. telenhone numbers, and email addresses, if applicable, of all known lien holders and all other narties with anv le�al interest in the buildin�; c. The name, address, televhone number. and email address. if anplicable. of a local agent or nerson resnonsible for mana�in� or maintainin� the nronertv; d. The le�al descrintion, tax narcel identification number. and street address of the nremises on which the buildine is situated; e. A descrintion of the nremises, includin� the common address of the �ro,nertv; The date the buildin� became vacant, the �eriod of time the buildin� is expected to remain vacant, and a prouertv nlan and timetable for returnin�. the buildine to aonronriate occunancv or use and for correctin� code violations and nuisances. or for demolition of the buildin�: g. The status of water, sewer. natural �as and electric utilities. h. The owner must notifv the comnliance official of anv chan�es in information supplied as nart of the vacant buildine re�istration within thirtv (301 davs of the chan�e. 2. Pronertv Plan. The bronertv nlan identified in section 12-1504(11(fl must meet the followin� reauirements: a. General nrovisions. The nlan must comnlv with all aanlicable re�ulations and meet the anbroval of the comnliance official. It must contain a timeta.ble re�ardinS use or demolition of the nronertv. The nlan must be comnleted within a reasonable neriod of time, but no lon�er than three hundred sixiy- five (3651 davs after the buildin� is re�istered. b. Maintenance of buildin�. The nlan must identifv the means and timetable for addressin� all maintenance and nuisance-related items identified in the application. Anv repairs, imnrovements or alterations to the pronertv must comnlv with the annlicable buildin� codes and citv re�.ulations. c. Plan Changes. If the oronertv nlan or timetable for the vacant buildin� is revised in anv wav, the revisions must meet the annroval of the comnliance officiaL d. Demolition Reauired. If a buildin� has remained vacant for a period of three hundred and sixtv-five (3651 consecutive davs. and the comt�liance official has not anproved an alternative schedule in the pronertv nlan. the owner i must demolish the buildin� and restore the arounds. If the owner does not ORDINANCE NO. demolish the buildin�, the citv mav commence abatement and cost recoverv proceedin�s for the abatement of the violation in accordance with cit�r code section 19-105. 3. Non-comnliance and Notification. If the owner does not com�lv with the nronertv nlan or maintain or correct nuisance items the citv mav commence abatement and recover its costs for correction of those items in accordance with, citv code section 19-105. In the case of an absent owner and on�oin� nuisance items, the citv need not urovide notice of each abatement act to the owner. A, sin�le notice bv the citv to the owner that it intends to provide on�oin� abatement until the owner corrects the items will be sufficient notice.. 4. Exemations. a. Fire Dama�e. A buildin� that has suffered fire dama�e is exempt from the re�istration reauirement for a neriod of ninetv (901 davs after the date of the fire if the owner submits a revuest for exemntion in writin� to the comnliance official. A reauest for exemution must be annroved bv the code official and include the followin� information sunnlied bv the owner: i. A description of the nremises; ii. The name and address of owner or owners: iii. A statement of intent to re�air and reoccuov the buildin� in an exneditious manner and the time frame for comnletion; iv. Actions the owner will take to ensure the vronertv does not become a nuisance for the nei�hborhood. b. "Snowbirds." Those oersons who leave their residential buildin�s on a temporarv basis for vacation nurooses or to reside elsewhere durin� the winter season and have the intent to return are exemnt from the re�istration reauirement. Exemntion as a"snowbird" will be aranted with nroper verification. 5. Fees. The owner must �av an annual re�istration fee. The re�istration fee will be in an amount adonted bv resolution bv the Citv Council. The amount of the re�istration fee shall be reasonabl� related to the administrative costs for registering and tirocessin� the re�istration form and for the costs of the Cit�� in monitorin� the vacant buildin� site. The fee must be vaid in full nrior to the issuance of anv buildin� nermits or licenses, with the excention of a demolition permit. 6. Waiver of Fee. The re�istration fee ma� be waived if the owner or resnonsible nartv has naid all nast due registration fees and a11 other fina�cial obligations ORDINANCE NO. and debts owed to the Citv that are associated with the vacant ?�ronertv and demonstrates, to the satisfaction of the com�liance official: a. that he or she is in the orocess of demolition, rehabilitation, or other substantial renair of the vacant buildin�: ar b. the anticinated lenQth of time for the demolition. rehabilitation, or other substantial renair of the vacant buildin�. 6. Assessment. If the re�istration fee or an� nortion is not naid within 60 davs after billin�, or within 60 davs after anv anneal becomes final, the Citv Council mavi certifv the unnaid cost a�ainst the nronertv in accordance with the nrocess set forth in section 19-105 of this code. 7. Issuance of Permit. Uvon comnletion of the resistration nrocess and navment of the fee, the Citv will issue a Vacant Buildin� Permit to the owner. The owner must securelv nost the nermit on the vacant buildin�, if nossible, on a side entrance door that is not �enerallv visible from the nublic street. If no side entrance door is available. the nermit must be securelv nosted on another available entrance door. If the nronertv is abandoned or the owner or responsible nartv fails to comolete the re�istration nrocess. the nronertv will be administrativelv re�istered as a vacant nronertv. Section 12-1505. CHANGE OF OWNERSHIP. A new owner(s) must re�ister or re- a vacan ildin� under section 12-1504 within fifteen (151 davs of anv transfer re�ister t bu of an ownershib interest in a vacant buildin¢. The new owner(s) must comnlv with the anproved nropertv nlan and timetable submitted bv the nrevious owner. Anv nronosed chan�es in the nronertv blan must be submitted and aonroved bv the compliance official. Section 12-1506. 1NSPECTIONS. The comoliance official mav insnect anv vacant assurin� compliance with sections buildin� in the Crtv for the nuiroose of enforcin� and 12-1501 throu�h 12-1511 and other aonlicable resulations. Unon the reauest of the comnliance official, an owner or responsible nartv must nrovide access to all interiar nortions of the buildin� and the exterior of the pronertv in order to comnlete an insnection. If the owner or resnonsible nartv is not available to nrovide access to the interior of the buildine, the Citv mav use anv le�al means to �ain entrance to the buildin� for insnection nurnoses. Prior to anv re-occunancv, a vacant buildin� must be insnected bv the Citv and found to be in comvliance with sections 12-1501 through 12-1511 and alI other abnlicable re�ulations. All annlication and reinsnection fees must also be naid prior to anv reoccunancv of the buildin�. All such fees axe set bv Resolution of the Citv CounciL Section 12-1507. MAINTENANCE OF VACANT BUILDINGS. The owner must. comblv with and address the followin� items in the vrovertv nlan, as described in section 12-1504(21: ORDINANCE NO. 1. Annearance. All vacant buildin�s must be so maintained and ke�t that thev anpear to be occunied. 2. Securing. All vacant buildin�s must be secured from outside entrv b� unauthorized nersons or nests. Securitv must be b� the normal buildin� amenities such as windows and doors havin� ade�uate stren�th to resist intrusion. All doors and windows must remain locked. There shall be at least one operable door into everv buildine and into each housing unit. Exterior walls, and roofs must remain intact without holes. a. Architectural /Cosmetic) Structural Panels. Architectural structural nanels mav be used to secure windows. doors and other ouenin�s brovided thev are cut to fit the ovenin� and match the characteristics of the buildin�.. Architectural nanels mav be of exterior �rade-finished olvwood or Medium Densitv Overlaid nlvwood (MDOI that is nainted to match the buildin� exterior or covered with a reflective material such as �lexi-�lass to simulate windows. b. Temnorarv Securin�. Untreated nlvwood or similar structural vanels or temnorarv construction fencinff mav be used to secure windows. doors and other obenin�s for a maximum neriod of 14 davs. c. "Artistic board-un. With nrior annroval of the combliance official, artistic ontions mav be utilized to secure a vacant buildin�. d. Emergencv securing. The compliance official mav take stens to immediatelv secure a vacant buildin� at his or her discretion in emer�encv circumstances. 3. Fire Safetv. a. Fire nrotection svstems. Owners of non-residential vacant buildinas must maintain all fire nrotection svstems, annliances and assemblies in operatin� condition and maintain underwriter limited (IJL1 monitorin� of all svstems. b. Removal of hazardous and combustible materfals. The owner of any vacant buildin�, or vacant oortion thereof, must remove all hazardous material and hazardous refuse that could constitute a fire hazard or contribute to the snread of fire. 4. Plumbin� f�tures. Plumbin� fixtures connected to an a�nroved water svstem, an approved sewa�e svstem. or an annroved natural �as utilitv svstem must be installed in accordance with annlicable codes and be maintained in sound. condition and �ood renair or removed and the service terminated in the manner prescribed bv avplicable codes. The buildin�'s water svstems must be nrotected from freezin�. ORDINANCE NO. 5. Electrical. Electrical service lines, wirin�, outlets or fixtures not installed or maintained in accordance with aonlicable codes must be renaired, removed or the electrical services terminated to the buildin� in accordance with a!�plicable codes. 6. Li�htin�. All exterior li�htin� fixtures must be maintained in good renair, and illumination must be nrovided to the buildine and all walkwavs in the same, manner as nrovided at the time the buildin� was last occupied or as otherwise nrovided in the annroved vacant buildins nlan. 7. Heatin�. Heatin� facilities ar heatins eauinment in vacant buildin�s must be removed, rendered inonerable, or maintained in accordance with annlicable codes. 8. Termination of utilities. The comnliance official mav reauire that water, sewer, electricitv, or �as service to the vacant buildin� be terminated or disconnected. Prior to the termination of anv utilitv service. written notice must be �iven to the owner. No utilitv mav be restored until consent is aiven bv the compliance official. Utilities mav be discontinued at the reouest of the owner or responsible nartv as part of the avnroved vacant buildin� propertv plan. The comnliance official mav authorize immediate termination of utilities at his ar her discretion in emer�encv circumstances. s 9. Signa�e. Obsolete or unused exterior si�ns and installation hardware must be removed. Holes and nenetrations must be nronerlv natched and nainted to match the buildin�. Surfaces beneath the si�ns that do not match the buildin� must be repaired, resurfaced, vainted or otherwise altered to be comvatible with the buildin� surfaces. All sisns must be maintained in �ood condition and in compliance with Chanter 34 of this code. Auction si�ns or attention-gettin� devices mav be nlaced on a nrobertv for no more than fourteen (141 consecutive davs brior to the auction date and must be removed within three (31 davs followin� the auction. 10. Exterior maintenance. The owner must com�lv with all annlicable nropertv maintenance re�ulations and citv codes including, but not limited to, the followin�: a. Public nuisances. The owner must eliminate an� activitv on the nropertv that constitutes a vublic nuisance as defined bv section 19-103 of the citv code. b. Grass and weeds. Anv weeds or �rass must be no �reater than six (61 inches in hei�ht. c. Exterior structure maintenance. The owner must maintain the vacant. buildin� in comnliance with sections 12-701 throu�h 12-713 as determined to be necessarv bv the code official. ORDINANCE NO. d. Abandoned or iunk vehicles. The owner must remove abandoned and iunk vehicles from the nronertv. The Citv mav imnound such vehicles consistent with the reQUirements in Chanter 19 of the citv code. e. Storage and disposal of refuse. The stora�e and disnosal of refuse must comnlv with the reauirements of Chauter 7 of the citv code. f. Animals. The owner must ensure that all animals are removed from the pronertv and handled in a humane manner. Diseased, dead or hazardous trees. The owner must remove diseased. dead or hazardous trees or branches from the oronertv in accordance with Chanter 20 of the citv code. h. Graffiti. The owner must remove all �raffiti from the nropertv in accordance with citv ordinance. i. Abandoned pools. Swimmin� nools must be maintained in �ood oneratin� condition; treated to nrevent nest harbora�e; or nronerlv drained and emntied. Swimmin� nools must be secured in accordance with citv code section 19-1402. 1 L Removal of �arba�e and refuse. The owner of anv vacant buildin�. or vacant bortion thereof. must remove all �arba�e, refuse, rubbish, swill, filth, or other materials from the vacant buildin� and the nronertv unon which the buildin� is located. 12. Police nrotections svstems. The owner must nronerlv maintain all alarm svstems in anv vacant buildin� or nortion thereof in onerating condition. 13. Loiterin�. criminal activities. Loitering or en�a�in� in criminal activities is not allowed in the vacant buildin� or on the real nrobertv unon which the vacant buildin� is located. The owner or resnonsible nartv must not allow these activities and take immediate actions to eliminate these conditions once notified bv the citv. 14. Emer�encv Abatement. The comnliance official mav authorize immediate abatement of anv t�ublic nuisance or maintenance item if. in the discretion of the compliance official, emer�encv circumstances exist that nresent an imminent threat to the nublic health and safetv. 15. Other Codes. All other citv codes and annlicable resulations must be comnlied with. Section 12-1508. NO OCCUPANCY OR TRESPASS. No nerson mav tresnass, occupv or reside in, on a temporarv or nermanent basis, anv vacant buildin� without the owner's consent. Section 12-1509. VANDALISM OR REMOVAL OF ITEMS PROHIBITED. No uerson mav vandalize or remove items from a vacant buildin� or the vronertv unon which it is located, includin�, but not limited to. annliances, fixtures, electrical wirin�. copner, or other similax items without the owner's consent. ORDINANCE NO. Section 12-1510. APPEAL. Anv nerson or resnonsible nartv a��rieved bv a decision under sections 12-1501 throu�h 12-1509 mav anneal to the Citv Council. The anneal must be in writin�, must snecifv the �rounds for the anneal, and must be submitted to the Citv Mana�er within ten business davs of the decision that is basis of the aupeal. Section 12-1511. PENALTIES. Anv nerson or resnonsible nartv who violates sections 12-1501 throu�h 12-1510 is subiect to the nenaltv as nrovided under section 12-1205 of this code. Nothin� in sections 12-1501 throu�h 12-1511, however, is deemed to impair other remedies or civil nenalties available to the Citv under this code or state law. includin�, but not limited to, Minnesota Statutes Sections 463.15 throu�h 463.261. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 2008. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underline indicates new matter; strikeout indicates matter to be deleted.) 'L_ Attachment II- August 25, 2008 Council Work Session Documents MEMORANDUM COUNCIL WORK SESSION DATE. Augus€ 25 2008 TO: Gurt Boga�ey; City Manager FROM: Vickie!Sehleuning,��sistant to the City Maaager SLJBJECT: An Ordinance Amending the Regulation of Vacant Properfies Recommendation: Staff is seeking feedback :on a draft ordinance regarding regulation of vacant properties. Background On April 28, 2008, #he City Council provided feedback to staff regarding sLrategies to address �tuisance issues associated with foreclosai and vaeant properties. Since that time staff has gathezed informafion in order to develop an ordinance #o address associated issues. A base of infornzation'has been compiled based on research, onsite in�estigations, and results af implementing available remediation measures. An ordinance to address vacant build`mgs is attached far your review and adoptian. An analysis was condncted: of the single family residential properties in order to identify the extent of vaean� properties, e�valuate the conditians, remediate health/life safety hazards, provide resource pmjections and grovide hou5ing information to assist in develaping strategies. A rep�rt outlining the Vacant Building'Analysis is attached for your informati�n. The information was compiled &om rune to August 2008. Some key findings c�f the analysis inciude: The vacant property situatio�z i� in #Itix and vacancies alone are e�ected to be lugh at leasf the next 3 years based on current foreclosure data. The status of the property, ownership, responsible parties aud numbers can ehange daily. Some of the properties were: vacant for more than two �ears. 1Vlore than 190 vacant single famil3� properties exist in the city. Approximately 8�4% of the vacant properties had one or more code violations. Signi�cant city resourees are already being e7cpended to meet the muvmum standards for vacant properties; shifting resoucces from other program areas. Early intervention with vaa�ant properties helps to ensure minimwn community sfiandazds, vvhile increasing citizen satisfaction. Approximately �47 °!o of the properties viewed from the e�cterior only were considezed outda.ted, had little curb appeal or had significant code vioiations: Goncentra#ed or clnster vacancies in a neighborhood hava a significant impact to the neighb�rhooc�,: from a visual and emotional perspectiva of residents, P�ge 1 of 19 The presence of vaeant hornes/foreciosures on a blo�k is starting to impact the sale prices of open market transactions. Some properfies are being listed below or near 1and value. Al#hough the city faces challenges wifih foreclosures and vacant properties,. opporltuv.ties for comimunity re�vitalization and renewal exist: Vacant properties, if'not properly monitored and maintained, become nuisances and blight to neighbarhot�ds. Foreclosed properties may be vacaut for months or years, becoxning targets for vandalism, iilegal dumping, health and safety hazards, and general nuisances. Staff is also observing a trend where properties in pre-�oreclosure stages are also becoming nuisaiices due 'to lack:of maintenance, and accumulation of junk and debris. These properties aze often not maintained a'n compliance wi#h minimum standards of city codes or fail to meet neighbor e�aectations. In response to increasing concerns, the .City h�,s implemented actions fo address and �ri�*n»e the negative im�act to neighborhoods by r�sponding pro�mptly to unsecured struciures in accorda�ce with standards set by Minnesota. State Law and City Fiousing Gode. However, general nuisances (refuse, junk, abandoned vehicles and property', and similax) axe often di�e�alt to bring into com�liance with minimum codes, consunae significant amount of staff time and the amount of time to .achie�e compiiance is often not acceptable to residents. Because of the higher rate of;foreclosures and vacant properEies being experienced in Brooklyn Center, the potential impa�t to the neighboxhoods and community is high, which ultimately crea.tes a greater need for higher levels of'management of these properties. Blightedproperties reduce properGy values axtd set lo�v expectations for cammunity standards. Not only is this an important issue in retaining residents who take care of their pr.operty, but it is important in seiting community expeetations and attracting responsible home buyers. The ordinance has been developed to address residential and commercial properties. Although fihe foreclosure issue has been a driving force in developin.g tlus proposed ordinance, complaints and concerns �bout vacant properties have been reported t� various degrees beyond the foreclosure issue. The following is an outline�of the pxopossd ordinance requirements. 1. Definitians. a. Vacant building, responsible party and other code items are dafined. 2. Re of vacant property. a.. T'hi� requires a mortgagee oz respansible party to register and provide conta:et information to the city. b. Exemptions registrafion such as fire da.mage repair, seasonal vacancies, Some exceptions are included, such as those parEies who routinely txavel to somewhere else during seasons. Fage 2 0€19 c. Registration fees are incorporated in order to help recover some o�the casts assoeiated with monitoring and regulatian of vacant buil.di.ngs. d. Recover costs by special assessment if unpaid. e. 1'osting of permit with contact informa.tion an door. 3. Property Plan. a. A property plan is required. The plan is intended to adclress issuss of significant monetary vatue, complex corrections required, or longevity of vacancy. b. Demolition of property ma.y occur after 365 days if a plarl is not appro�ed. 4. Inspections. The property must be made anailable for interior inspections upon request, 5. Posting notification for vacant properties about unauthorized entny and illegal occnpancy. a. Provides explicit instructions regarding authorized personnel and cansequences of violation. Wi71 aid the Police Department and city staff in prosecuting vagrants and trespassers in efforts to reduce criminal activities occun�ing in vacant buildi.ngs. b. Aids properly owners in establishing illegal occupants, 6. Loiteriwg and criminal' activities egpressly not allowed. 7: Mai�tten�nce Stai[dards a. Standards and critet ia for securing properiy. Architecfural, artisti�, temporary securiing b. Fire �a€ety c. Plumbing systems d. Elecbrical e. I;ighting Heating facilities g. Terminafion of utilities. Criteria esta.blished pzescribin.g 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 buildi.ng when signs are removed. Primarily applies to commercial properties. i. Ac�dresses police protection systems. j. Explicitly states loitering and criminal activities prohibited. Respansible parky responsible for prohibiting and eliminating these activities. k. Establish specifie standards and performanc� criteria for property maintenance for property owners. a. Reducing grass and weed height from 8 inches to 6 inches to: a11ow earl'ier intervention for nuisances and promotes routine landscape maintenance versus nuisance maintenance. b. Adclress ille�al dumping and other i.11egal activities occurring on praperty c: Address graffiti d. Addxess accumulation and removal of garbage, refuse and junlc such as refrigexators with doors, batteries, chemicals, electrical hazards, Page 3 of 19 I unrnaintained pools aind water hazards (for vacant and accupied properties) e. Address hazardous strU,ciures 8. Ezpressly st�afing violatiQn to remove copper, bricks, appliances and similar thefts. a. Sefis fortk consequences of violations 9. Provide remediation process for vacant properties. a. This includes ha.�ving a continuous notice to reduce intervention and tians ti le viola correction time. 'This .would include situations where mul p e is not secure ille a1 dum in I occur re din ille al activities, ro d, g P g g B P l� r h' and similar. 10. Provides standards and city-facilitated abatemen# authority so immediate health and life safety hazards and obvious eyesore$ can be corrected in a timely mannier. a. Provides an alternative to cri.mival court proceedings and reduces time for compliance. 1,1. Cost reeovery language a. Recover costs associated with identification and removal of nuisances.. 12. Establishes an appeal process BUDGET ISSUES A significant amoun.t of city resources is being expencled to address vacant property issues, often shiftang resources from otherprogram activities. Items to consider: Costs and allocation of resources- balancing resources devoted to criminal enforcement actions (punishment) versus correction. Ongoing maintenance for properties vacant for extensive periods vf time. Establishing cleaz eXpectations for property owners, agents and the general public regarding issues zela#ed to foreclosure and vacant prap�rties. Encouraging responsible and accountable property owners/agents, while having a secondary pTan to enable the city fo correct detrimental situat�ons. Establishing optians for short-term strategies, with l�ng-term implica.t�ons for neighbarhood stabil'tzation and reinvestmen�k ATTACAED Vacant �ingle Faznily Property �4:nalysis RepQrt Froposed Oxdinance Amendment Page 4 of:19 Attachment- Analysis of Vacarit: Sirigle Family Properties; Analysis of �7a�ant Single Family Properties in Brookl:yn Center Report Date: August 11, 2008 Tlie City of Broolctyn Center is among other cities ;in tke nation and stafe experiencing, a high numb�r of foreclosures. As a result of foreclosures and the downturn in the housing market, the city is alsa experiencing a high number of vacant xe�idential properties. An analysis was conducted of'the :single family xesidential properties in arder ta identify the extent of vacant properties, evalua.te the conditions, remecl�ate healtti/life safeiy ha�ards, provide resoiazce projections and prowide housing infarmation to assist in developing housing strategies. Although multi-family was not included in this report, foreclosures and vacancies are also occiarring in these housing types: The issues associated with multi-family vacancies axe si.milar to those experienced in single famYly properties with some unique .issues, For example, homeowner association budgets are impacted effectiing their operatians. The foreclosure list was verified. and updated using infarmation fram the Hennepin County Sherif.�s Office and the City's Assessing Offxce. The ne�tt step was to'v'i.sit properties listed on the vacaney list, The original vacant property list was compiled from city staff inf�rmation (assessing, police, public works, community development, etc.) and resident reports. The site visits occurred between June �5 and August 11, �008, with a seasonal employe� and a Code Enforcement Inspector. Information gathered included whether the.property was vacant or had been re-occupied, security, immediate health or li�e safety hazards, public nuisances, condition of home and general curb appeal. The ava.ilabiiity of contact inforxnation and o�nership status was also determined. Some key findings nf the analysis inclucle: The vaCant property situation is in flux and vacancies alone are expected to be high at least the next 3 years based on current fareclosure data. The status of the property, ownership, r�sponsible parties, and numbers can change daily. Some of the properties were vacant for more than two years. More than 190 vacaut single family properties exist in the city, Approximately 84°�0 of the 'vacant properties:had ane or more code vialations. Signifi�ant city resources are already being expended to meet the minimum standards for vacant pxoperties, shifting resources from other progiram areas. Earl� in��rvettt�on with vacant properties helps to ensure m;nimum community standaxds, while increasing cif.izen satisfaction: Approxi.mately 47 °,/o of Y1ie properties viewed from the exterior only were considered outdated,. had little cuxb appeal or had sigrufican.t code violations. Concenfirated. or cluster vacancies in a neighborhqod ha:ve a significant impact to the neighborhooii, fr�m a visual and emotional perspective of residents. Page 5 of 19 The presence of vacant homesJforeclosures on a block is starting to impaet the sale prices of open market transactions. Some properties are being listed t�elow or near land value. Although the city faces challenges with foreclost�es and vacant properties, opporhinities for community revitalization and renewal e�ist. IDENTIFICATION OF V�ACANT PROPERT�ES A total of 192 pxap�rties were determ.i.ned. to be vacant cluring this city-wide evaluation. The overview of the evaluation data is as follo�vs: A to�tal of 25� properties were e`ratuated throu�liout the city. 22b properties were listed in the eity's vacant property database. 26 additional vacant pro�erties were found that were not included in the original vacant properry list. (13.5°l0 of the �ota1 vacant properties) 52 properties on the vacant properry list had been re-occupied. (23% of the originallist) Eight properties were still in the foreclosure redemption period and not considered vacant. Occupancy was determin:ed by several indicators. A properry was eonsidered xeoccupiec� if there wer.e cars in fihe driveway, peoplelfixmituxe/anima:ls inside, flowers/toys/toolslpatia furniture outside or other signs of legal occupancy, Progerties not on the vacant list were detern�ined vacant if tliey were visibly empty from the street, pdsted (City postings, realtor signs, winterization signs, court files), hacl overflowing mailboxes, a�ad/or d�splayed severe neglect. Most vacant properties were easily identified. from the st�eet, even withaut postings. EVALUATION OF Y�4CANT �ROPERTIES Severat items vuere reviewed as p�rt of the evaluation of'the pro�erties. Immediate aetions were talcen by city staff (Police Department a�d Community Development) where the properry was not secured, indications of �andalism existed, or health aud life safety hazards were foutid either by contacting xealtors or mortgage compan'xes where availahle or initiating ci�ly fa�ilitated abatements to corre�t the violafzons. Securitv When a vacant property is unsecured, it is at higher risk for harboring illegal activities, such as copper stripping, squa.tting, gang actiuity, or underage drinking. A property was considered: unsecure i� it had an open ox unlocked door or wiridow, or otherwise was open to trespass by people or pests. Inamediate steps were taken to secure #he property. In some cases,, praperly securing: a property i�volved locking a daor. In ott�er eases, proper se�uring ix�cluded the �ouce cleari.ng the house for possible tr�spassers, and having:the propert� boarded or lockedby adclitionallocicing mechanism. Fifly of 1,92 properties (26%) were found unsecured. A breakdown of the seciuity issues is p�ovided below. Page 6 af 19 50 of 192 properties (26°�A� were fortnd unsecured o Ifl (20°!0) had unsecured main doars a 7(14%} had unsecured windows 0 25 (50%0} �ad unsecured accessory buildings 0 8(1(°/«) were unsecure in muttiple laeations 0 6(12%) were secured by the inspecxors locking an unsecured door. 0 23 (46%0} vezbal or written orders to secure were given to responsible parties: 0 2(4%j required clearing by the police department because they ap�eaxed to liave been burglarized/vandalized. 0 19 (38°�/0) were'lefC as they were--often these were windaws or garages in backyazds behind fences, which were fairly ina;��essible and rlisplayed no evidence of criminal activity. General Condition The property vuas evaluate.id as E- exeellent, G- gaocl, F- �air, or P- paor primarily basecl on the curb appeal and physical condition: of the property: It is a generalized rating and d.oes not take int¢ accaunt the different expectations of vaxious neighborh�ods. The rating is based primarily on the evaluation of the exterior of the properiy, since city staff did not generally gain access to the interior of the structures as part of the evaluations at this time. An ezcellent`property did not have code vioiations, structural damage, overgrown gardens, or long grass or weeds, and high curb appeal. A good property may have sma11, isolated code violations (a pile of brush, some yard waste or junk/appliances/debris) or overgrown gardens/txees, only minox structixral damage. It may have non-code issues that detract from the property such as oyergrown bushes/trees, but no major flaws. A fair property looks vkay from the street, but aften has more serious e.ode violations :(ro'tting garbage, large amounts of junis/appliances/clebris, yard waste, or brush), and upon inspeation may have one or tvvo areas of stn�etural damage, suoh as broken fences, rotting accessory b�ildings, old roof/soffitl#'asEia; cracked/decaying siding or stucco, and�or decaying window casements: It zriay also have fimi�tional.obsolesceuce s�tch as outdated materials or styles, and may ha:ve items with wear and will require uggrades or xeplacement m the near fixture. A poor property has problems visible from the street they g�nerally ha.ve both code violations and three or more areas af significant structzual damage (although code viola�ions alone may not result in a"poor" rating), are outdated anct funetionally absolete, with little to no cutb appeal. Vacant properties were rated as fallows: a 2(1%}- excellent condition (none of these were unsecure) 0 16 (83%- good condition (none of these were unsecure� 0 76 (39:6%�- fair eondition 17 (22.4%) were unsecure 0 91 (47.4%)- poor candition Fage 7 of 19 33 (3C.3%) were unsecure Nuisance Code Violations Qf the 19� vacant properties, 32 properties did not ha:ve any code violations including seeuring issues. In arder to �ring the property i�to compliance with miriun�n property maintenance codes, city resources would be xequired to address 162 properties (84%0}. The type� and number of violatia�s are s�.im bela�v. Junk/Garbage. Jnnk, garbage and refuse left behind �by previous ownersltenanfs is a maj or source o£ complaints regarding vacant properties, 61 properties (31.7°!0) had jnnklgarbage on the property. This categor� was ditvided inta four areas as �ollows: 0 45 (73.7%) had junk/appliances/debris (furniture, �pplianGes, constcuction debris, logs, clathing, autolbilc+e parts, etc.) 0 5($.2%Q} had xotting garbage (food items, dead anixnals, etc.) 0 3(5%) had yard waste (bags of leaves or grass clippings) 0 9(14.8%) had a11 of the above 0 1{1.6%) had an abandoned vehicle Long Grass/Weeds. Long ;gra�s and weeels from la�k af mowin.g provide the second major source ��complaints regardi.ng vacant properties. 33 properties (17.2%) had grass and weeds over 8 inches tall upon inspection. All cases were reported`ta the Grass Inspector. Actions have alxeady been initiated. Tree-itela.ted Prablems. Se�eral properties contained brush, fallen trees or stumps as follows. 40 praperties (2Q.8%j conta.ine+d brush 7 praperties (3.6°l0) contaaned fallen trees S properties (4.2%) contained stumps Health Hazards. Sigruficant amounts of xotting garbage, dead aYUmals, and neglected or accessible pools were the main criteria for det�!�n�ng 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 roiting garbage 0 1(25°fo) contained a pool full of wat�r and algae with the ladder sti11 in it and fihe fence around it open. ()ther`�aols were not note�i but-are potiential breeding grounds for mosquitoes. 0 1(�5°Jo) contained a significant am�unt of �otfing garbage and a large dead bird (chicken?) in a cage in fhe baekyard Realtors �vere contacted for three �f the faur properties. No ov�mex could be found for the faurth property—posted unfit, not'listed as a foreciosure, no forwarding conta.ct information for the property owner. Page 8 of 19 Structural Damage. A combination of factors including prolonged neglect, aging of houses, and other factars su�h as weather relat� damage has resulted in a significan.t amount of physieal damage to some vacant properties. 99 pxoperties (51.6%j had noteworth.y 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% o since some properties had multiple issues: 0 61 (61.6%) had damage to accessary shuctures (fence/decklshed/garage) 0 26 C26:3%) l�ad roof damage(shin.gles/gutteis/soffitlfa5cia) 0 42 (42.4°�0) had siding damage(sitling/stucco/brick/general wa1l) 0 31 (31.3%j llad dainage to entr� areas The quan�ity of areas of structural damage was then recorded for each pxapetty: 0 30 (3Q.3°fo� had one area. of structural damage 0 52 (52.5°loj had 2 areas af structural datnage 0 17 (1'7.2°�0) had 3 or more areas of structural damage Graffiti and Vandalism. Graffiti and other forms of vandalism were ra�re occurrences at the vacant pxoperties inspected. City staff followed up regardi.ng graffiti or vandali5m violatio�s. The Police staff ha�e been conductin.g some night time monitoring of vacant properties during park patrol. Some residents have been active in reporCing,suspieious acti�ities or nuisance violations at neighboxi.ng vaeant properties. 4 progerties (Z.1%) were tagged with graffiti o Note: �+,11 four were corner properties Confact Information Concexns had`been e�cpressecl about posting properties and the p�tential of dr�wing attention tv the vacancy. 'Tlie follovving information was gathered regarding postings or other contact information on the property. Overall, un-posted pro�erties were no less visibly vaeant than posted pxopertieS, and were likely to have more vivlations than. pos�ed proper,ties. Wlien contact informatio� was not readily available, the amount of time vi lations and nuisances was ater. i required to resol�e o 70 properties (36.5 did not have any contact informatian posted on the groPeriy Of the un-pasterl properties: 0 21 (30%) were unsecure (4% more than overall) 0 32 (45.7%) had junk on properry (14°lo mare than overall) 0 14 (20%) had long grass (�,8% more than overall) Page 9 of 19 Ownershin �Statns Not all vacant properties are a result of foreclosure. tX property coulcl be in probate, owners may have moved'to a senior facility or people just keep the pr.operty as a second house f�r various reasons. $ased on a�ailable information, it was determined that: �I 149 (77.6%) of vacant properties are going through or have gane through foreelosure. 0 31 (20.8°fo) were stiil within the G-month redemption period 0 118 (7�.2%) were out of redemption and no longer in foreclosure. Proactive Renairs and Imnrovements Some proactive vvork was being performed for some vacant properEies. During inspections, contractors were encountererl making repairs. 18 properties (9.4°!0) were being fiaed np upon, inspection. RESOURCE PROJECTIONS In order to address 192 properties (1b0 pmperties vvt�li'violations), approximately 500 hours of staff time would be required. This inciudes initial inspections, follow-up inspections, abatements, and eriminal enforcement aetions where necessary. An exireme case may skew the estimates. The actual costs for abatement could exceed $25,000: Plesse note that this is for the initial violations and daes not inciude resour�es tc� foilow 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 vaxy, These are estimated ualues. Unanticipated items migtit be discouered during abatement cesses or hi er com liance ra.tes could occur. I pro f� P HIGHLIGHTS OF SA,LES IIVFURMATIOlY Basecl on sales data, appmximately 26 properties are being listed below or near the assesseci land values. k'a:fteen of the 2b properties are single famil.y houses. Sale priee listings ranged.from $53,SOQ fo $$2,90U, They ranged from $9,000 below land vatue fo $23,OUD above land value. Land value is generally in the $60,0�0 range. The presence of vacant homes/foreclo5ures on a block is starting to iunpact the sale priaes of open market transactions. Gomparing the 2007 and 2008 sales da.ta,. sale prices have deereased appro�iately 23°lo for single family hames. The total num.ber of sales of single family zesidential homes in 2008 from January 1 to July 31. was 154. Of:these, 37 sales are considered open market tcansactions. The rema.inizig 117 are foreclosed, auction, reiated, bank, etc. and are considered rejectecl for assessment purposes. The percentage of non-market sales is curreritly 75% of the total sales. This is an azea of concern for the Assessor's office for the 2009 assessment. Page 10 of 19 City Council Agenda Item No. lli r i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager y FROM: Vickie SchleuningJAssistant to the City Manager DATE: October 13, 2008 SUBJECT: An Ordinance Amending Chapter 12 of the City Gode of Ordinances Relating to Inspections and Notification Recommendation: Staff recommends that the Brooklyn Center City Council consider approving first reading of an ordinance amending certain sections of Chapter 12, and scheduling second reading and Public Hearing for November 10, 2008. Background: The amendments are proposed to clarify requirements, provide consistency in language within the ordinance, and facilitate compatibility of other sections within the ordinance. These code changes have been recommended by the city attorney and prosecuting attorney. The proposed amendments: Clarify how the definitions apply to sections within the code, where definitions exist for specific sections. Provide a definition of reinspection to provide uniform interpretation in order to uniformly apply reinspection fees as applicable. Clarify payment of reinspection fees, e�ther prior to license issue if part of the licensing process or within 60 days outside the licensing process. Establish a special assessment process for collecting unpaid reinspection fees as an alternative to criminal prosecution. Provide consistency in the notification process within Chapter 12, specifically 12-911 and 12-120L Legal notification will be satisfied by personal service to licensee, first class mail to last known address, or posting on the licensed premise. BUDGET ISSUES These changes will help reduce potential processing errors and provide better legal position. ATTACHED Proposed Ordinance Amendment CITY OF BROOKLYN CENTER n the l Oth da of November 2008 at Notice is hereby given that a public hearing will be held o y eard at Cit Hall 6301 Shin le Creek 7:00 .m. or as soon thereafter as the matter ma be h y g p Y Parkway, to consider an amendment to Chapter 12 of the City Code of Ordinances relating to inspections and notification. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 612-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12 RELATED TO INSPECTIONS AND NOTIFICATION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 is amended as follows: Section 12-201. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this Ordinance, where not otherwise defined within a section. 1. Approved acceptable to the jurisdiction having authority and meeting all applicable codes. 2. Accessory structure a structure subordinate to the main ar principal building which is not used nor authorized to be used far living or sleeping by human occupants and which is located on or partially on the premises. 3. Building any structure used or intended for supporting or sheltering any use o� occupancy. 4. Compliance Official the City Manager and his designated agents authorized to administer and enforce this Ordinance. 5. Dwelling a building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including one-family dwellings, two- family dwellings, and multiple family dwellings; but not including hotels and motels. 6. Dwelling unit a single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. i ORDINANCE NO. 7. Family any of the following definitions shall apply: —A person or persons related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; —Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; —A group of not more than five (5) persons not related by blood, marriage or adoption maintaining a common household in a dwelling unit. 8. Flush water closet an approved toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer system or other approved water supply and sewer system. 9. Garbage putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. 10. Habitable building any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. 11. Habitable room a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements, (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridars, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. 12. Heated water water heated to a temperature of not less than 120 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. 13. Kitchen a space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils. 14. Multiple family dwelling a dwelling or portion thereof containing three or more dwelling units. 15. Nonresidential building all other buildings or structures other than dwellings ar dwelling units. ORDINANCE NO. 16. Occupant any person (including owner or operator) occupying any structure, building or part thereof, dwelling, dwelling unit, rooming unit or premise. 17. Operator the owner or agent who has charge, care, control, or management of a building, or part thereo£ 18. Owner a person, agent, firm, or corporation having a legal or equitable interest in the property. In any corporation or partnership, the term owner includes general partners and corporate officers. 19. Permissible occupant load the m�imum number of persons permitted to occupy a building or space within a building. 20. Person an individual, firm, partnership, association, corporation or joint venture or organization of any kind. 21. Plumbing all of the following supplied facilities and equipment in a building: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. 22. Premises a platted lot or part thereof or unplatted parcel of land, either unoccupied or occupied by any structure thereon. 23. Public Corridor a hall, corridor or passageway for providing egress from an occupied area to a public way and not within the exclusive control of one occupant. 24. Refuse all putrescible and nonputrescible waste solids including garbage and rubbish. 25. Reinsnection- a follow-un insnection conducted to determine if a code violation has been corrected; a scheduled insvection that a licensee, owner or other responsible nartv fails to attend: a scheduled insvection that does not occur or is nrevented due to anv act of a licensee. owner or resnonsible partv. �26. Rental dwelling or dwelling unit a dwelling or dwelling unit let for rent or lease. �27. Repair to restore to a sound and acceptable state of operation, serviceability or appearance. �2_8. Rodent harborage any place where rodents can live, nest, or seek shelter. �29. Rooming unit any room or group of rooms forming a single habitable unit used I ORDINANCE NO. or intended to be used for living and sleeping, but not for cooking and eating purposes. �3�0. Rubbish nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials. I �-831. Safety the condition of being reasonably free from danger and hazards which may cause accidents or disease. �32. Structure that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. �333. Substandard dwelling any dwelling which does not conform to the minimum standards established by City Ordinances. �-3-34. Supplied paid for, furnished by, provided by or under the control of the owner, operator, or agent of a building. �435. Meaning of certain words whenever the words "dwelling", "dwelling unit", "premises", "building", or "structure" are used in this Ordinance, they shall be construed as though they were followed by the words "or any part thereof'. Section 12-902. LICENSE FEES. License fees, as set forth by City Council resolution, shall be due 90 days prior to the license expiration date; in the cases of new unlicensed dwellings, license fees shall be due upon issuance of the certificate of occupancy. A delinquency penalty of 5% of the license fee for each day of operation without a valid license shall be charged operators of rental dwellings. Once issued, a license is nontransferable and the licensee shall not be entitled to a refund of any license fee upon revocation or suspension; however, the licensee shall be entitled to a license fee refund, prorated monthly, upon proof of transfer of legal control or ownership. If an applicant withdraws an application prior to issuance of a license, the fee shall be refunded after deducting the costs of inspection and any other costs and expenses incurred by the City in connection with receiving and processing the application All reinspection fees are as set by City Council resolution,-� �b�'' ��+;�r� ��M r°:r� If �the -reinspection is bein� performed as r.� •vua.� part of the licensin� nrocess, fee(s) must be naid prior to the time of license issuance or renewal for the property, in the case of rental housing and at the time of recertification of occupancy for nonresidential properties. If a reinst�ection fee or anv portion is not baid within 60 davs after billin�, or within 60 davs after anv anneal becomes final. the Citv Council mavi certifv the unnaid cost a�ainst the nronertv in accordance with the nrocess set forth in Section 19-105 of this code. ORDINANCE NO. Section 12-911. CONDUCT ON LICENSED PREMISES. 8. All notices given by the City under this section shall be personally served on the licensee, sent by First Class mail to the licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. Section 2. This ordinance shall become effective after adoption and unon thirtv (301 davs followin� its lesal nublication. Adopted this day of 2008. Mayar ATTEST: City Clerk Date of Publication: Effective Date: (Underline indicates new matter; strikeout indicates matter to be deleted.) V�ork Session Agenda AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION October 13, 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. Fire Department Chapter Five Code Amendments a. Residential Sprinklers Regulation 2. Motor Vehicle License Ordinance Amendments 3. Joint Powers Agreement Brooklyn Bridge Alliance Update 4. New Hope Ice Arena 5. Evergreen Park Meeting with Citizens 6. City Manager Performance Review Process Pending List for Future Work Sessions 1. Three Rivers Park District Plan 2. Contamination Assessment Hmong-American Shopping Center Site 3. Adult Entertainment Establishments 4. Rental Housing Plan Update 5. TIF Districts Update City Manager 6. 2011 Brooklyn Center Celebration Status Report 7. Super America Quarterly Update Work Session Agenda Item No. 1 i i City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: October 9, 2008 TO: Brooklyn Center City Council FROM: Curt Boganey, City Man�q�� SUBJECT: Amendments to Chapter 5 of the City Ordinances COUNCIL ACTION REQUIRED Staff is seeking direction regarding the proposed amendments to Chapter Five of the City Code of Ordinances. BACKGROUND Several years ago the former Fire Chief Ron Boman began working on amendments to Chapter Five of the City Code of Ordinances. These amendments seemed necessary to improve clarity, eliminate legal conflicts and to generally improve the operations of the Department. Chief Gatlin has continued and completed this work based on his assessment of departmental needs. Monday Chief Gatlin will explain in greater detail why he believes the proposed changes will serve the best interest of the City. COUNCIL POLICY ISSUES Are there important changes that need to be made in the ordinance governing Fire Department operations and authority? Will the proposed ordinance changes, likely improve the operations of the Fire Department and its authority as described? Is an ordinance amendment the best way to achieve the changes that are needed? C: Lee Gatlin fire ordinance.l0-13-08.doc 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org Memoranch,un Brool�lyn Center Flre Department To: Curt Boganey, City Manager From: Lee Gatlin, Fire Chief Date: October 7, 2008 Re: Amending Chapter 5 of the City Ordinances Attached is a draft of proposed revisions to Chapter 5 of the City Ordinances for review and comment. The most significant proposed changes are broken down into the following categories: Administration of Fire Department Personnel, Adoption of International Fire Code, and Outdoor Recreational Fires. Some miscellaneous amendments will afso be outlined. ADMINISTRATION OF FIRE DEPARTMENT PERSONNEL (Sections 5-100 through 5-110) These sections primarity relate to the administration of personnel in the fire department.� I am proposing that these sections be completely deleted from the ordinance. All members of the fire department are considered employees of the City of Brooklyn Center and as such are required to comply with the City's personnel policies. The fire department does maintain Rules and Regulations that cover the more specific requirements of the fire department. The Rules and Regulations are created with input from the members of the department. In addition, I am requesting that Chapter 6 of the City Ordinances be amended to include the position of the fire chief. In some instances, the current ordinance may present some legal issues; i.e. Section 5-102 (d) Retirement, requires firefighters to retire at age 60. Section 5-102 (f) Fire Chief, refers to Section 17-104 of the City Ordinances, which presently does not exist. To maintain these sections in the city ordinance will require the ordinance be amended each time one of these provisions is changed. October 1, 2008 ADOPTION OF INTERNATIONAL FIRE CODE (Section 5-200 Adoption of Fire Prevention Code) The fire department is requesting that the City of Brooklyn Center adopt the International Fire Code. Any reference in the current ordinance that refers to the Uniform Fire Code has been replaced with the International Fire Code. OUTDOOR RECREATIONAL OR COOKING FIRES (Section 5-203 New Materials, Processes or Occupancies Which May Require Permits) Many changes are being requested to the provision that allows for outdoor recreational or cooking fires. The intent of the changes is to allow for outdoor recreational fires and try to reduce the conditions that create neighbor complaints. There is no perfect solution to keep everyone happy. The changes that are being proposed will provide the fire department and law enforcement better enforcement capabilities. The fire department is requesting that the City no longer require permits for recreational fires and to not limit the number of fires to four per month. It also does not require a resident to notify the police department prior to burning. The permit was used as a mechanism to deliver the rules for having recreational fires. There is no standard that needs to be met to obtain a permi€ for recreational fire; and, in fact, they are easily downloaded at any time from the City's website. In order to enforce a violation of the four fires per month rule, the City would need to track each time someone has a fire and maintain a log. The statement that wood must have been dried or cured for one year is not enforceable and the fire department is requesting that it be removed. No changes are requested to the part of the ordinance that requires only clean dry wood to be burned. At no time may leaves, trash, treated/painted wood or any other materials be burned. These materials generate smoke problems. The fire department is requesting to add two provisions to the existing ordinance. One provision prohibits burning when prevailing wind conditions are 10 mph or greater or in the event that smoke is being directed at nearby residences. The second provision prohibits recreational fires when the Minnesota Department of Natural Resources has officially declared a"burning ban" due to potential fire conditions or when the Minnesota Pollution Control Agency has declared an air quality aVert. A time limit that permits fires between the hours of 8:00 a.m. and midnight allows for greater enforcement. The current ordinance prohibits a fire from exceeding six hours during 24 hours but this is not enforceable from a law enforcement standpoint. The fire department is requesting that a provision be added that allows for a fire to be ordered extinguished when it causes undue hardship on neighboring residences. 2 October 1, 2008 MISCELLANEOUS Many of the existing provisions of this ordinance have been renumbered. There are several minor grammatical modifications have been made. Section 5-111- Regulations Governing Conduct at the Scene of a Fire Emergency Section 5-111 (dl Police Powers of Fire Deqartment Personnel I am requested that this be amended to "Authority of Fire Department Personnel." I am also requesting that the statement that grants fire department personnel police powers of authority and the authority to make arrests to be changed to state that officers of the fire department have the authority to enforce provisions of this ordinance. Please review the proposed changes to Chapter 5 of the City ordinance and let me know if you feel the proposed changes are warranted. 3 CHAPTER 5- FIRE n�n n D�r�ncY;r�r n�.rn �Tn� p�VENTION AND FIRF CODE �Formatted: Widow/Orphan control Section 5-100. PURPOSE. It is the purpose of this ordinance to provide for and maintain a volunteer fire department comprised of part-time members and full-time members as authorized by the City CounciL Section 5-1 O 1. ESTABLISHMENT AND CONTINUATION. Pursuant to the charter of the City of Brooklyn Center, in order to prevent and suppress fires, to protect lives and property within the City, and to promote the health, safety and welfare of its citizens, the City Council of the City of Brooklyn Center hereby continues and establishes a department of City government known as the Brooklyn Center volunteer fire department. Presently existing appointments of all fire department personnel shall remain in full force and effect. c in� ncrr�T��rrr �•c nrm r:��T�r�nr nnn�rrc�n�.rc `�€�Ei�+^ z'-H�i'.-nai@3': '11,�,�.�,»„�F-r..,f:.v4�t..,-...i,;��kIi:l.,,�.,�il...�.,�.1..,.�-.,frh.,+��,�,.7�_...,...+..,•.,.,t T7 ;,�1�., r hl:�l�_-..� ,,..r...�,..r�-r,.l�� :�a �i9if l 7 „t�r'.,..� {,.i y �j h.. �F,:� .,:k, c. A T' 'f r' A ii �f' f' L.r r L. 1 4 S.2 i�. t�o.: r.. rr.,�i. ��i2t� „r o�:n n,a., �i i L �}-�Jr `��rt}��r=*• '�''"n��{��c.�i-t�€��e�#�+c��::a�-r�xl.k�1l-f-�_ 4 ,tli �F:«�{:..hf,r�, L. L. h. 1� .d L, 1 t: ..{•ft, t"`� (',�,..,..;I \l' �3: cci.� i r c., u...,.. s :�e-L=l�i�` A ��r��i�4e«=a,��r�t-t��i}rF��i` a -•,He �^r ina �r-•« :3::;:,: h a �t�, E�r'�i3fd:3}33 "v"tk'i� L...il rt.�.. ,1(�0/ l` .,�;,.t,r rL,.. '..�...,�.,r ..�t •1 s• 4" l. I .d 4' a.,...-1.,«.7 i.d:.... ts... +h F �'i. �8fi`.'sCiiiii�r'fl(�r:i l� :�.izprrtrcmi cccn-Q:ri ua�x cc.,z...=.... e�r�i��e��=��E�ng;, �i�ls-�tf#-�,°-e �—�R��:;-m�c��i s t3c}u�;;-c��-€r��-{rc�i�7€�c� �c�c� Y „f�.,, rs, as�at-iet�s, a:,s°��--a�ar�c�, City of Brooklyn Center 5-1 Ciry Ordinance i �l�aa-�£'�;:: �._��-c�-c�p�a°a�.:.l. t City of Brooklyn Center 5-2 Ciry Ordinance n� ..r..,i, .,,a .,v n :S:i,Si: +w �e�ta3•z; R�-�9=a� c�13-��r�r�fiie�-k��-��e�t��-�-��-��r��-� �s��i��t-a��casi� 1 h' t 11 G. A no' ;i2:3: :]'1 L:3c �"''�T=t -�6-kfkEc..., i}��i�'{ai''�c}r j ��i3's;ri7'it,=ftEif.) i iir'c'ii-e.z�'�rt.".i';. 3fl��i �cc�.• -or�-uric -'o'iiiocr`r i �i�-1{.=�3'�fia-f-�£.'j:�i�5'R"r'I��Ef�£� •�'kS1.�E�:f3� �'t£L{'.�7�kf.'� y ,!1 .�k' �L,.� ,-4,.,41 h.� �I.:�E',r.s.f_;,.1. �u�u� anc.r.�.ic�,�.o. r13" �...,�;.,o n, oi n 3 ti,i� ,.r r.« i �—ufl �tst;�ta# �r�eh}�9:-�c� �r- ��c��-�isif fet el�fc f4.- ��---I��rr�t�at-it�-c�-Pv��r��-t��e��3��r....,.;: ':=}�c:-a}�i��r��t;t;�E��:.-�t-��-#��*tr+-�� 7 .-:r ,.-1 4;t.� �.7 �.l..�ll h +l� �;�i;� ...-1, �F;-.. rh.,+ =�}n ��..:r�,.-;.,.,J'\iY�..:r.,--3�L F`I h' ...1'.. ...1 r i ,•t �.Ci J ��x�$t=��--tk��•�--��a�s-�s��,'��c;-�=��3ai�--��i-��i-�.� �eil�,.",-�' -�'m^��al--��ale�'�r�ei�1.��E�r�i�. r ..a i ,c� r i n� »rs nr� n�rrn1.* e n v rr� r;?�i <S. D.-..G..,r�.,.. F...:�F:..h.a ,t. I7 h„ +�„-1 ..a .-i�,,:. h�.�i L.. �hy {�.17 x.,C:....-rznrncc�nmrocr 8T� i;." r•« •,a t: .,,a ,ti,i:��.; t� _��'".-�-Ta �EE��3E�}#'�c 6}3:.:',�, :�1-�:�2E,in 7 ,.1'��n' "'�.�3�€.'i;FHf�'2(:-Efi�k-�}3i�:t�i� �-RCS�giv-i,, "—�iuz�i �I E3j�3E�"s-�fj-�'}�°'h�i:• „t i-n z-oicrr.,'ct75-t72-f'�7$`• t 'r��-:�..,. n....i;,.., t �'"cT {;i3�-L'.E^dli�: Ciry of Brooklyn Center 5-3 City Ordinance c. ��3'-a�-�i�F1'i: �I' ;�$f3Ef i �-a-ncr �crsc�s�... IH��Fcf:f)E3f��: T� l...l..,.,� th., I f �i3:�&i�t3-i3�-�i�?��33'£'-E�3'c'j3�H�'7�E;-��ifi'-�tf'i-E��}i3t'i:Ht@i413�2et��-C.=E>klL�'.� }E1'�- ..l.,r�..7 ..1 ...t�. :G':C;: _.r� .-t .1 �7 «:�r.� ut......'i c r f�33`�-iiir-vi�ai-=rixi'c'.i'�V-2tiS�L9'i;�£3i�e3�-#��3�f:E�tl.�-�k'��33C-�1--9�� :;r ��S? .,r�.. S. �i., .,.�t i�+ „r: .I....l. �5.., ..i'.,,..7 h .1..,- :7-� c"" t 7- .,f'.,11 ...1;�.,.-,e�.: ...,a,�..,.L',.«.�{o,-�..,.� f£'��t��HT-`r4i�f.�-iEj-E�3C��.�i:f�6�3-t8-.�-1�3ET'i�3�&�-ilf3}�H�k�t� I�L-t--E��1j3�3��t$i�t3�:'� J :.i�'. i sl�a4� co�sEit�Ee-tl�cTt�4; }na�ag��'s-agre�e�t�:}3t�i�h ��-ci�si3i<� «f-i:�i�-€'ir�.�-E;t�iLC--I'l��=t�6 ,.h;..f'�L..,77 crm.. zm -;scrc.:t.4r'�J Ett'�"c�r��3�}i 35i `r:'2`:�Ft� Tl.,s: 'Th�� -1„ ..h.. A��i;,,hr-�.S "st.3:1 1... t4.., rP,�:.. F.�,. ��7,; 3:�"Hix��iiic ..F+h„ f:.., .i,,.,�.e.,��.�.... i.i .,,,w;4�.-..7 t�. +4.., F:.,, �l' �s�."f.-Elf3A-3-'��'�.—"�.� �1'��:>r'gc� �`��:�.';�'�'�-��{-�'��'?cS4: �f. oi;`L,t-o«� ..I. �14 i.w •,�j.�E3�}I�E�.'C�-i3�1��-��tiFFt�3�E�-�d,''."��E�}A1i';r. E. �BEi'�Ft3ttt3�f1.E: nv .t„ i: �c:,.�.+y .I,.,ti o,� r:. ,hv .,,a_ �,r C�c:i��#�Ee}s-�tit�-�arti=-t�a�}3-si_K t�3t�t�t{�s sc�t��tc�- W�e�t Ehe ��rc thi�f-s�ra�E-c��k��ciae�ha4 ��ri��-�l��-rx�ak�c;a=�E>-�e�}��c#;-t�a�-kr�e-v4�ie�;;�a�l ��fse�aa�-r��ie�t�ei=�� _�s�'� .�1,,.�: F:«,�4:..1, .:��4. '��rnrni:i-z'c'.iv::. 4; ..1. ,.l..,t:, .�f;nhr.�.- f ik :i ,..+:F'.�+L.� F:.� ..1.'.�F...�rl.;., 7!1 .7.�..�...C 3�1-1_�tf�ft,�r-f�€;�x�rE�a�c�-�'-�:�sEir��.*I�-�?a�str��-ts-�l3c;••l�y�a�� De •.��-rti��l��»�€�r•�a1 �t�t�-�t�Ee�•-��3-,�r�t#��}�=es��i�-�:,n=n °��t#��4 �nzi,�w ��E.� a�rc�.k�ile�� -.,,+.�.,.o..e� ,.f ,�F-.,� �....7.,.,.,.+�<, <,.�I-. .-,��.,,-�-1 .,1 t. �isc�. ;.�'.°':y°,- :�.:lii ..,L,:,. ormv��'s irrsr Y.r� .,1. ..F. ,.t' ..t ..Jas+ :.£,�rs4�. ��t�.,, r City of Brooklyn Center 5-4 City Ordinanee 11�.� „f� g„n..G.,.. r...,,s;..�.*,.�.�. .i .,.,,a ..i i p�-e��--�e��-s��rtil�--l�e=fei��tx-�-��--�Iie-9��-s�-u-��:; s1:.�3�v .;t- ��pa#t�#--t�� ,.f:.. .,r� .;rl.;., 'lf� tici�� rt�. I..�- ..F.« «:r .,...7 i;r.-° f:fi 4�3f?-E�EzC- SSivir. --c z��-is"cE��tG��i��-�E3t'�3�f� t�iE'-Eaki3�-if�d�t�ti`kV-fujj3f3t�9 'r31tE'�-�1(%ti�t3i -t£s�3'�3-�E� 3 rt,.� ...t,,, �.t,.,ii f E�� .r.., .F a,,. :r.. r .i r• i c ;t z��r�n v �€`�a� ��'`.�l-ti�-�{�.'��'S 1 a r,�.� zaircviiac rcaic i�cm ,,,w .,7.' TL... t�:« ..h;.iF�.h.,tt .�,tiF.. ..I� ..r '+:i�� ira E Tl Th I i. L, 7 F f' L, 11 L. rh �:i�. �c.: .::3C��.c�'r'r'r'r IE. i;�� .,,k.,�, ,.r ,.l�r ri,. .7; ..r;.. „4 tl,v -f;7 1.1,�£ `.�r...........�... -Sv'f;£.ti1�1-S-��i-`3—��1sr��G�I'OIi-�1'��Ztt[-�E�tiEi L3��sK:}�R-Sc E:;'.�ik�i��-�wt�ar•-fire€int��°� �.��F::�se-{3�rit>t��x��4-r�c�t-��rh•�•v�; G��c�tFa�e4-�i� ..1� v ,.�,,,a„ .,•a f; n::�:; i_ ,i� �f,,.�. ..,a i„ .,i :;t>�� ,��..,..,,,,a n:�c:.:;ar=.� h F.., .,i•„•s,i f l u�-cni 'ri-r1�.:. �.ii'. 71 t�� }c;tf}i��-Iz��rlei��e a{3t�-�r��}��z�;��n ;�aexi+�g-��-F'..., ��s�s-at��}��-�EtL�c��s; s��:.s�^�� u^ r.. ,.rt.., .:+L, ..h ...1.�,. �L:77� l. ..1.a.d.. .,,-1 ..h.� �.r.�ar c a. i icsr� i�.-'QUiiE'S-A'�i�.�2.�1{'�k$f�� t:�'7:'?SR:£THTi�'��' c �ai��-ca#F�:��ta�--xE3ti€�-41�e-��r•€�-c�t�� -}}�-��iE��€.=,-st��at�g.._�tk�Ur•-�l�e;�=-�t��a= #'rr� a..t:,....�.«�4,.�.. .,.7,...+.,f',a«.tip a l�: Ci'�l.i fi ��ia4�-E��'�t�t�-e�t�.;':��.:.b ��c�rt�-4a;=t�' V �k}i�fi3c,�ss-�-#��c.�=��:�s ,.E��,�„ a�...,,.t,,..,,,,+ r a r.,+;,.., r�„fr. '7't, ,i 4' .,.i r c. �rw,.,a.,+.��.�fi:.,��,.,-..,-��H„�i�z aa•«• a s ,.�.,..r..�r,,.�,r ��i�s�c;c,=6� {�r��[��r�,s,. r ff„• c� -r�„� ,r,,.: ,.f ff;s�rS S: rt t ,i :1.:;:, \'�1-�' 1��'I':.., a' a I. :t i:.. „t a :i i'. o o ,.i �a� I Ciry ofBrooklyn Center 5-5 City Ordinanee i c.,,,+:,,.. c i n� nrcrrrn c �''��.t �c;t�t�-�-e�� i�c��.- '.�t.; :1::.:'.-�tt+�t�tk±�—[�: i i., a r w er r i, r.., .�N+.. .,a rl,.�, 4;r ..1.�.�4'�•h,.i! �.1. �4'f:.. i:.. rh�. �.,1 4i� t »,.7 ,.t. .]„f::�_. t,. .L,.. 3C"� aE�-i::.Cf.:,:� i3^: Tt,.�.-t r -1' r 4,' r fl l, tl. i 'I. .,l�r T�' '�lc.,, �.s. azscrrcrcm�.-r,r,r orcvm=ccx�Trrc [c. b,...,. f�Et'SSi�Fi'-: T1,; 7� 1 rl. I 4' il F{' 7� SStG.�, ":J� ��1., �[S [5�� P.��3�1�?�r3A�(�-F.I3"r',��F�kFi�: t-s L-'�cr�'xi>x�r-=-cc7. �..�T �-�T7L'S'� tl 3,' f' l. il i..� ,....-,,.:.,��„J e�,�..,ti, .F E_ i �i`z{� �.1,�13 1.�., .tz.,,...t....-1 4:�11.,.,:�.. a. I',.�.�H�r�:?��t�t��--43��e-f`trt-t��}art-t�e�4��t�-i�-�,�i�l�i-�-�ap�c�� #�c-a�}s�ee��,�-ax}�-�#r•}4� ,-jf�t�-�ela4eFi-e�a�i�x,-t�-ai��}d-��ie-r�e��c-at��f �+{�t;E;:�ie3�;:-��'r�re:�l3��r��-43€-a-tc�-�nt��'fa€�icec�ftktc�s�start�ct�i�f ��e�r�=-crhi�;fs4aaE}_�xi�t +l.a«�, �F F'..,- ,..9 f?.,, l:�',:,;.�i .,..i. F:.:� v 1 :.,;5.1 ..�.4.�+r .,f'th� a:t�-c�i�atEt�e�E-c:�c��e�z��it-�=��:��-t�-�k��t�xei.'��pe�t��.rr�-ti}-El�� t�c3�� i..,i i 3 Ft.8�1 f' .2. r t,;,,+ :1,: y n „+'+7,� r ��-1t fi I :ti t,... ...L,:..l. ..I:,..,t�:,,.. .�A� t. ll...,i T<� �F� 1> i D -1 il 7 D ..i� T1 a c>r v c�. �ncn i� a.l. e.,«.. 7 ,J�, .,..f,..�,..t rl.� ii� �".�'d�V�i' `�`x°-acc �n. �}2'E� ,�t .r� h .1. i'. l. t.,1.,,7 ..1 o .,.7 .+.7 tl.�, 6:«.� �7 J ....s tl�'�:�Cik�Ii'��J+ Kr. ��:ivTl'IR 1•• �]V 2_lv�t i� C[i1'�I'GiiTi'y'L�'�'4'l��i „t„ -r 1.�,.� i 1' L. t F L. 4.'+..r:, t r ,r.. .,f rh c. .i ik��Sfli�2��S-'3�'' i��c��,i, .t_:�, .•.t.,..l,i-L.�. ,:..1..- :ccj� :h'r'.F.i-:..c.:i'$:�E�F3�-E3-F3� J ��_��3� Ciry of Brooklyn Center 5-6 City Ordinance P.. at��l-t��t��ie��3�t��3�nr��-a-��s-�-�a�:l-1a�-_`�-�,3�c��i-to�Ei��'�'�iaf-r�!�-r��r��t}� 1:..-rt.�,.. s a- -r 'rL. 11 k. 1,.4' 1:4<.�.d T1,.a ra�i'... I, ��-e�r-r�el'_�:� •.��:��e:�ts��ki�3i�8��.3;:.• ''.°��E� ��-i�-�;-it}-r��.�:��z.• ��.B�F �n H�., t. ::�t. t�.: ti;., �n ,a„ "a�:3�€t�:�r#::i.~a�� naa� i77'��) ��v 'h'f�3-k��E�i:.�'S;;�l::��-El4)t7�5��EH;:v ciiv '.—cr*�'-t'c+*ii3ii?;.,.�" "ra�v"""'-v°-'"'xnc£' "xc-cv�iiici�iti-fi}k}�:��",rh� ��3Hkf�k�.�Tk3f;k?�� T}.,� F:..� ..L.; �F'«L,.,11 .,ti{-:. �,�„F, n �.f;...,..r ..:t,�.,. ir 3. -l. :�ss�t�a� f:l�ie-f: -��-shali l�e ��c;-cl�t1��3�t#�:: assist;t��c�ie:€ �n-�1» ab�n�c��€�13� �}�e c�ii�f� Ee �c>r �.k-�ar�� iie��ait�-He-�a��ec��-t�3t;-�ii� f�ta�;€: bH��ti: e�:L.., k'7 1 (1,M1 ..0 Ir �i=.�f�E�:;. a—Et-�-ti��n�� :4�r��t�er-ci€-��e-��r� �e�t4i��-�;e��tc.�3� -i�-F,��b��-i a �-a�E�i�4� l-:,-.� ..L.:,�F' ...,1.' �..r r.. ...nvF :S:i.::. r� .7 .7 r h r{ 1' .7 ,.r t;.« .,tr. ..,i.,.,� #'u-r�. t ..'�t€€� r.b �ei-c�r3 ��,--�c�-��ka��t�c�a�tAt�-E�trt3g�}��ec}��tva�Fi� a�i� i a f+ a ,a ai i a. f ..t. 1,1„ �r8..,.a h �r-�:'��o� Y t' rr ..w„ii ku .,,.�,,-o,a :,�,.i r m..,.,.,;,,., t n a n n, i t n �r�_ n,,,...,..,.,«.,, k.,i.,.. ��n,;T,m a#��i�-s �re 1:, �'SS e. tr:�lett ,..c t r :Ydl: �E�fi 1,;.,..r�.��. �r�+.,....,Y.tr i: t' h 1„r 7 .,1'4' t t.�..L rt .i k r�} �1. .a-.. �L .il ..1; ...7,� ,�F',-. F:.� .,n� ..i.,.o F v �ffL��E3f-1�5�Trk��-�9"c��E�Fi'�'3:FC�.�"E�-�3�y=�:13'v��;3.'i',��:i.�t�i3£bf.-r �t, «�.o"i--riic-HFr3�-i�t3�E:T1'5.:::\' t t:tsif� :�i� �ac �_t'i'c4� 3�1-�:'., ��t�es '��}�s-w�i��:��-ic.�r�#-t�s-i�-��r;-f r-�Ytr�-a-�:r��x�-E?r� r€-�a�e�-�ii��i�e�t�r�r;-t�lae l< 4:1��e�'-a{i�i�#-;,l�aE�;-H�#ai�t-a-ra�ix�f-Et}e��ic ,.c�,,...,f� City of Brooklyn Center 5-7 City Ordinanee 'i"4... ..�ricTr':::�4�' :Cj ..,.r C ..I� 1: �h�ll L.� F r,-t�,-1 1-..� sl,. _�"7: ��f� �#�v �1�7<a-s�;��;�c�pef�a�l�ti� a, s�er�-�E�L�� ,�4',.„,.«�� .,...i 4:r..�� t r F' t C f l. TL., ��+�..r i;.,....E.;..t' it3� sl�a4k �e-}�ti#�+-e:ack-a��ean��-��+E��--E�k�r�-t ..a araryc�'tr��r-r�E-�-+t�3j�-r3(:ir>a, :��1 ir'�r: i �{3 mzii ci i, ri d FF' I;,,. ..i.. 4 ,t.,,li4.. r +l. 't: ,�F+:�y ..t�.��,t rl� a ..,..7..,..Yf_th�.zc��,-I ,....,F�...,-...,., r .�1�:...�. �w Y,..�.... E�-�:)Ek�t��.'S�'.--E��ttt�tt'4-F3��3�-�}t z v-z3i'z'•c�-:i'iiui�roc�.t3fS�iE�RE-�l��-#i�'e�t�0f�k�tt;H�°f r4.,� :..t�.««,.,I �F4:..,.� ..i'tt.� f�..�._ 1.�.....w....�«.+ "C �.��ui�ii�.�.�a�. D..t.,,. D.�.,,,t�r:...,� �...7 7:4t�.,..�., 'i't, f t.' F 'th rh !7 -t r 4 s'4. 4 v f i.,,n r E«,.. v c �E t• 3:'.E :r. ca€#�-��-E#��i}n::ni-;�3<i-�c�_;�it� 3� �e r�ai�t�i�i�t�ci3sea�}in�-a�t�r-at��ffiste�tcr; ��ci ..t;..�t7�.., r6.:� f�.....+;..t.+,.P;. �;d i. «,7..� .,�.,A ..l.,r�...... �h.,lt L.,�.�,..,..� „4X;�.,y., ��rt�� -E.�€-��k��-€ r��r��n E: �'�=`:'ir.-3-�-�?`�. r��e s-r��tr�. r n�.tr�v�rcrf3nt>r�ri�r>n�rrein '�:�a:..�r. a s� ..nti a .i .7 5� ..r: -1 1 C.,11. }43-�4a1`�T-Fk�3i�ftE.., 1'--"3_:�---t t t a. `-3i�i�34-1�v-��-1��4;�#'��4�t}��`nF�;:��=rm�t�k�j�e��c3-�#i�:e�p{�rt€,zl f;. „f�„ t�•�', �a.. ..,a ,..i,�r r,� a;r .r,;r:r: k?;�-� ai-E�-�,—�, r��T .��„ri-�^# €ai�s c�Ek�c��-r'e-�l�pa�(�c��e�}��-c;-a�t�;�--c�t��t�c��-'t�'rr ti T b f 4 I F -if .A '+L i r�� EStt� -t3liif ti3 �'E�f: L. `:}s�,��:��t�-k�s�'.::: `�i4 ^.:a�ta�r.�=t=�-��-�i�s-�y��:o-u��s�:x:x�, ��:-s�cr�t�-�� t�: t:1 zl, a. ��3�� :,�:t3�:��e �f-�� E�i-7i8�i43f�: f3E'jvt]�3£Ai�!s19�k-f3��-1tH'�'�tfti.'��E'G'�fi �=ix�zi�i�jE3i2-E?� t�-ei�}-�r��3-eeea��a�:c•= •-i�'4#��='.;�:c �sre�i�-t�h��at��-a€€,��e-�j�� .,�.Y,,��.,.. c,,,.+•,,., c i i n nunr n r nrzn��r.: nr �r�!'� t! ti� -...i _,a.�, ,u�� .�,r._..- ��e�'��e�-tn��erra��aE-ie-tili�Ei��t�a� �-9tar-E�+s�#��i3—�i-4t-t�-ht-t�1��,-��-#i�i€"rg�i�c-�tr�€�� City of Brooklyn Center 5-8 City Ordinance ��$-t3E� b t�Y�E':3.::C$-(3T.-@�3t,''�&�-i�.1'i`.ii��3�?-E)�k�-f3 �<'Ifi3j3�(3�1�3f'33� kY��'�.'�:3t ��I E$IET' 2 ��:�-E2t2iE.: �fia"i3 ?i ��B�ifiEYB;sr �-sa�;-� �'T. REGULATIONS GOVERNING CONDUCT AT THE SCENE OF A FIRE Formatted: widow/orphan contro� J EMERGENCY. a. Traffic: No person shall drive any vehicle over an unprotected fire hose except at the direction or command of a police officer or member of the fire department. Upon the approach of any fire department vehicle giving signal by bell, siren, horn, or flashing emer enc li hts the driver of eve other nonemer enc vehicle shall immediately drive g Y g Y g rY the same to a position as near as possible and parallel to the right-hand edge or curb of the street, clear of any intersection, and shall stop and remain in such position unless otherwise directed by a police officer or a member of the fire department, and until the fire department vehicles have passed. Tt shall be unlawful for the driver of any nonemergency vehicle to follow closer than 500 feet to any fire apparatus traveling in response to a fire alarm, and it I shall be unlawful to drive into or park such nonemergency vehicle within the block in which such fire apparatus has stopped in answer to a fire alarm, unless permitted or directed to do so by a police officer or member of the fire department. b. Spectators at Emer�encv Scene: The officer of the fire department in command at the scene of any fire or other emergency shall have the authority to establish an emergency zone within which no person except members of the fire department, police department, or ment hall enter unless directed c re ar dnessde art s authorized members of the emer en e I g YP P P r do so b uch officer in command. No vnauthorized erson shall enter u on o ermiitedto s P P Y P the premises which is the scene of a fire or alarm of fire, or other emergency, unless and until directed or permitted to do so by the fire department officer in command. c. Removal of Pronertv Endaneered bv Fire: The fire department officer in command at any fire or other emergency shall have power to cause the removal of any property, whenever it shall become necessary for the preservation of such property from fire, or to prevent the spreading of fire, or to protect adjoining property, and to that end he may enter or authorize any member of the fire department to enter any premises for the purpose of carrying out the intent of this subdivision. d. Authoritv�c�T'. •x e:-� of Fire Denartment Personnel: At all times when the fire department is engaged in traveling to a fire or to the scene of an alarm of fire, or is present I at a fire, or the scene of an alarm of fire, or other emergency, all officers of the fire department shall t�ave tlie��-�.��<�-v��t�-p�a�iee-��s-��x� authority to enforce the provisions of this ordinance_ �h�.�..{: The fire department officer in command at the scene of a fire or a rescue emergency shall have the City of Brooklyn Center 5-9 Ciry Ordtnance I authority to direct the operations of all police and emergency preparedness personnel i present at the scene. Formatted: Widow/Orphan control I City ofBrooklyn Center 5-10 City Ordinance I I The fire chief or the fire chiefs designated representative is hereby vested with all police powers necessary to investigate the cause, origin and circumstances of any fire, or alarm of fire, or other emergency requiring the attention of the fire department. Section 5-101.� 11?. TAMPERING WITH FIRE ALARM SYSTEM AND ISSLJING FALSE ALARMS. It shall be unlawful for any person to tamper with or in any way interfere with any element of any fire alarm system within the City. It shall be likewise unlawful for any person to issue, or cause to be issued, an alarm of fire or other emergency condition when no fire or emergency condition exists. Section 5-102.3-�-1-r OBSTRUCTION OF FIRE HYDRANTS. No person shall park any vehicle in such a way as to obstruct a fire hydrant. The stopping or parking of a vehicle within 20 feet of a fire hydrant shall be deemed an unlawful obstruction of such hydrant Section 5-103.-�-}�-�- PENALTIES. Any person violating the provisions of Section 5-1Q(}5--}�_} through 5-102�-�-}y' of this ordinance shall, upon conviction thereof, be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. 1 .--1 Formatted: Underline 1 Section S-?00.� ADOPTION OF FIRE PREVENTION CODE. a. Purnose and Intent of Fire Reeulations: It is the purpose and intent of the fire regulations to promote high standards of quality in the construction and maintenance of buildings, to improve the ta�c base with well constructed and well maintained buildings, and to enhance the value and condition of property within the City of Brooklyn Center. It is not the intent of these fire regulations to provide compensation to victims of fire, to guarantee absolute compliance with all fire regulations, or to indemnify owners of private property against loss occasioned by their failure to comply with fire regulations. b. Adontion of Codes and Standards: There is adopted and incorporated herein by reference as an ordinance of the City: 1. Inteniational�.�rtt Fire Code Adopted. The InternationalF,s��t Fire Code as promulgated by the International Cc�de Counc.il incor�ora:tecl 20€)6�ixrn:ri:7,�ei� zz..:ix.,..nE•F:,.:�,i�.,,,,a��..�. r�,� n Appendices�4-�1 [-B,�-C,'1 ri,'_-i-4?, �-E,1�, G, and Minnesota State Fire Code Rules and Amendments referrec3 to as the 2007 MinneSOta State 1=ire Cot�e.' y hereby� a c„ f u .:::°�?'r-�.i f;:;a �r•w t i t h' f A i r' .,.�1: f;...,+... ..r� �.��{}Q:}}: ....c �'kttttt J �>c�� 3�s-(3��r-referred to as the ]I C.L-�AC,=�� City of Brooklyn Center 5-11 City Ordinance I e1'' �f�rr.,.:,....,F r,�,a�. T r•4• r- a ..�i s��-P�r-�an�- r��aa-��t�aliU�t;-��-�r��t�-�€-��ca�,�c 366A��3:,� a S��I ci n�i'�i ciccmam'Qi-z*-��arrii+ci�'I 1 1 1 2 A 7 T't 7 1 D -��El 7�'.2 ��r� -r�r�;��l��I.. c4� ir,�,'.�'i-l�z�-��L-;�3-1-E};-titt�#-�23-1-�� fl +Y.., ,.-t ..-1 1... +h., T.l.,+;., .,1 i?; R -c�e.-..��S�.::,i„+�,,..rnio-n-�ax.iz.�. .+�d�3:"s:iit4i}�t#4C`��if:, tl'E' r F,..rt, t,. �r..�., r.. ----=�Formatted:Widow/Orphancontrol c. Codes on file: The fire chief shall file one (1) copy of the Intzn�atiozial I'ire Coc3e aton.a with ;:'--t� °^�,�*a�„-;��.�� "��z��-L=�in his/her office and a conv of the Stat� of AZinnesota :�nnen�fiees and Amendments. ;i Formatted: Widow/Orphan control d. Definitions: 1. Whenever the word �jurisdiction_ is used in the il-_C� it shall mean the City of Brooklyn Center. 2. Whenever the term "corporate counsel" is used in the TFC.�-F� it shall mean the attorney for the City of Brookiyn Center. 3. Whenever the term °chief' is used in the IFC it shall mean the chief of the Brooklyn Center fire department or his designated representative. Section 5-201.-_S-�El<: ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION. t. The fire prevention code shall be enforced by the bureau of fire prevention in the fire department of the City of Brooklyn Center, which is hereby established and which shall be operated under the supervision of the chief of the fire department. 2. The fire chief or the fire chief s designated representative shall be in charge of the bureau of fire prevention. Section 5-202.�--2-� MODIFICATIONS. The fire chief shall have power to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in way of carrying out the strict letter ofthe code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the fire chief thereon shall be entered upon the records of the department and a si�ed copy shall be furnished the applicant. Ciry ofBrooklyn Center 5-12 City Ordinance Section 5-203.3-?t}� NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUII2E PERIVI�TS. 'I'he city manager, c;twn�m.unitv develonment director,--E�=}�lat�it��---� �Y�s�iti;rt building official, fire inspector, and the chief of the fire department shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, whiCh shall require permits, in addition to those now enumerated in said code. The fire chief shall post such list in a conspicuous place, upon approval or denial by the committee, and distribute copies thereof to interested persons. Formatted: Widow/Orphan control i a Appeal: Whenever the committee shall disapprove an application or refuse to grant the permit applied for, or when it is claimed that the provisions of the International�� Fire Code do not apply, or that the true intent and meaning of the Code has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the committee to the City Council, within thirty (30) days of the date of the decision. b. Permit Fees: The fees for any permit required by this ordinance and for each annual renewal thereof- shall be established by resolution by the City Council of Brooklyn Center. All permits, unless otherwise noted, shal] expire one year from the date of issuance. a Amendments to the lI-'C;.:�� 1 Formatted: Widow/Orphan wntrol, Keep with `next, Keep lines together 1. If doors in fire corridors, separation walls, fire doors, or smoke barrier doors are needed to be kept open, they shall be held open by electric magnetic door holders that are controlled and released by the trip of a smoke detector or sprinkler head that covers the entire building. The approval of the fire chief is needed for this modification�::;�if•.�n to a building. F Formatted: Widow/Orphan control d. Minimum Standards: Whenever the IFCi� fails to be specific about a device or appliance, it shall have a minimum standard of being UL "Underwriter Laboratory" approved. e. Fires and Barbecues on Balconies or Patios In any structure containing three or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within fifteen I S) feet of the structure. 1. Fuel Storage Prohibited: No person shall store or use any fuel, liquid or compressed gas, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in subsection (e). 2. Exception: Listed electric or gas-fired barbecue grills that are permanently mounted, wired, or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides, unless listed for City of Brooklyn Center 5-13 City Ordinance lesser clearances, may be installed on balconies and patios when approved by the fire chief. t Formatted: Widow/Orphan control Ciry ofBrooklyn Center 5-14 City Ordinance I f. Fire Alann Svstems and Smoke Detectors: 1. Standards for installation, inspection and maintenance of the fire alarm system shall be according to standards in lI�C.�� 2. Whoever shall render a smoke detector or fire alarm system inoperable by removing the battery or disconnecting or dismantling the detector, or fire alarm system, in any rental, commercial or business unit, is guilty of a misdemeanor. 3. All battery-operated smoke detectors shall be removed from all rental units and replaced withsmoke detectors hard wired into the units' 110 volt electrical system-1� r�,,,.:...,�.,,.. i i g. Incident Control Costs: Every person, firm, or corporation that is not a resident of the City or the owner of real property in the City subject to real property tvices, shall be liable for all incidents or preventing the spread, or extinguishing any fire caused by or resulting from his, her, or its acts, negligence, or omissions. The fire chief shall keep a record of the cost, including work done by firefighters and other City employees and equipment. The fire chief shall then bill the person, firm, or corporation liable for the fire. No license of any person, firm, or corporation liable for the expenses incurred in fire control as provided above shall be renewed if the licensee is default in payment of any bill hereunder. h. Interoretation and Conflict with the Minnesota State Buildine Code: In the event of a conflict between the provisions ofthe I.1'.C:.L�� or the Minnesota titate f3uildin� C�de.�=� and the provisions of this ordinance, the more stringent provisions shall apply, provided, however, that no provision of this ordinance shall be interpreted to exceed the requirement of the Minnesota State Building Code as adopted by the ordinance of the City of Brooklyn Center: i. Onen Burnin�: l. Except as authorized in this section, open burning of any material is prohibited. This prohibition does not apply to burning conducted by governmental authorities I t� ho� have secured permission from the fire chief or to outdoor cooking using only propane or charcoaL 2. Outdoor recreational or cooking fires may be permitted subject to the following requirements: cx Co�ttme�t' kc �limimates nsed'tQ ia. St�4a-��tr3��}--1�-��at�c,�.�#-t��l�:-k��-��t�-k-vt��-z� a -1�-�.�r�t�-�s E �3 a,+..,�,a C f.,T d. ��.:,.t. ..e..,,., r t-.� ,7+...�.. t7r� `-�bka�.��'a�Per,��'��w. r� �xc r� ��ri�1-�«r-�i�{rtri }a �-��t-�t-s��i-�e�t�c=�kit��r City ofBrooklyn Center 5-15 City Ordinanee ;�y-i#�1��-�it- ��i�c E-4t�-.t.., __::a��-r�rx�-re�t� i23i;j 2..., a�. �,.,-:,,f:,.,,.. �,a w.,.t,� r,..� �liEt a� z�:..� �3E �f�3i��1i3'f-C.-'L3N4�i36� -�k�3-�f�-��E�'� ti 'ucrr�n�cs ii rcnc�3-�i3�t�tE�$i�HE3i3k# }fi �r. All fires must be in an approved outdoor fireplace or a pit which is at least one (1) foot below grade. A pit must be located at least fifteen (15) feet from buildings, fences, property lines or flammable materials. Pits may be no more than three (3) feet in diameter: and the outside edge shall be ringed with brick or rock. Commercially manufactured� outdoor fire pits may be used provided they are not more than three (3) feet in diameter. Formatted: Widow/Orpham m�trol fi t: Only clean dry wood may be bumed. '�a �}f�-s�t: �a fc3r eamment �1�� no�� xp �ts.q�ua.s2meYt`� �h:�� watrcl��ufYSt have� c�� {-�-};��ax-t�r rt7�r�;�-�rc�€ecte��-�a�+�-�t�4�te>w. No leaves, trash, treated �,��„�ea �oF y�;�� rt��.� �.s �a�,;.; or painted wood or any other materials may be burned. All burning material ;?T�� m must be contained in the pit at all times. e.� Fires shall be so managed and maintained that fires do not exceed three (3) feet above the fire pit, and persons are ab�e to stand within four (4) feet of the fire. d.e: The fire shall be attended by an adult at a(l times and must be extinguished when unattended. An adequate source of water must be available at the pit for t extinguishing the fire. I Formatted Indent: LeR 1 13', Hanging: I �a. Prevailin� i� ind conciiti«n� sh�tll be (ess than 0 mrles oer h«ur and sha11 x�ot l. 0 31 Widow/Orphan control tt (�12'c,GY S11lO�ii; CO�d'�IIC� Ol�let' riC31'�V P�51.(�ZIIGCS. CqI1)In2ni jkC3)�aAdd� a prouis#vh foz 7*�,imd cbadatac��s�� fi. Outiioc�r reu�,alional fir�s are neilnittcd betwecn the h�urs oi $.�0 a.n�. anti c�omme�,t;�ea� cza=�€�� t�m�s �y-�'re�tic��c�l fi��s ca� 3re ix�i'ti so midnieht. Al[ fires must be comnletelv extin�uished b�� mrd�tietrt. ��ao�� g��r�e�3� No recreational firc, shall be nermitted when ihe citv �r hlinnesota I3eaarttnent af Comment3�cesj �a� �ov�5a on zeStric'�„��?res �when en�ltanmanial Natural .f.tes��urces ha, t�fi:ic�allv declared a"burn�tz� ban cluz tc> notential lire ��a�t�.�ns,�re,�,�x.�au�=az��E.. ci�n.ditions. c�r ti�l�en the �9innesgta Pal.lution Conh�vl A has declar�d an air aualit�� alerT. �"�n�,'c'RCC'c�r� f' i. il .7 r L. F' +1,.. iLl h.�.,..-. h. The fire chief is authorized to require that recreational fires be immediately� Formattea: widow/orphan w�troi extinguished if it is determined by la�� enforcemezitbk�-E:-�rr��` or the #ire e .'�::i;��gcc,-� that the fire constitutes a dangerous City of Brooklyn Center 5-16 City Orddnance condition, or causes undue hardshin on nei�hboriEie res'sdences.�F *,r-n,•s �ii�i�-r�i�c�t��ta�-�.=�t��L#��r-i�s-�-icrktija�-c�€��ri�-��:{ �i��s.- Failure to comply with any provision of this Chapter��'.-:� �a.�= F��•:'�::.�: or with an order of law en£orceinent*��n��'' or the fire d�naa-tnaentc-�ktt�# S ��,i� is a violation of this section. Section 5-204.�5: RIGHT OF INSPECTION. The chief of the Brooklyn Center fire department or any member of the fire department designated by the fire chief as an inspector may, at reasonable hours, enter any building or premises for the purpose of making any inspection which the fire chief deems necessary to be made. Section 5-20�.3-?��i: INSPECTOR'S DUTIES. Whenever any such officer or inspector shall find in any building or upon any premises or other place: Formatted: Indent: Left: 0.38", Hanging: 0.38", Widow/Orphan control, Tab stops: 0.25", LeR 038", Left Not at 0.38" City of Brooklyn Center 5-17 City Ordinance a: c:t�m�iu�tible or exLSlosive maitcr or daneerc�us accumulation af rubbish e�r unnecessar�� Formatted: mdent: �ert: o.3s^ J accumulation af ��a.;te nanec. bo�es. st�avin�s or anv hi�hlv flammable materials, ar�� so situated as to en.ti�n�er �ranertv� or �Formatted:Widow/Orphancontrol b. shail find obstnactions from anv source ti4�haksoever. incluciine materiats_ ar•tic(es or merchandise, to or on tire esca��es_ stairs, corridors. or doors. liable t� interfere «�ith the ooeration �f the tire d�i�artmeni, c�r eeress of occuc>ants, in case of fire; or F- r� Formatted: Widow/Orphan control c. shall find any condition on said premises which is so likely to cause fire as thereby to seriously endanger property or human life, or d. shall find at any premises a violation of any ordinance of this City or law of the State of Minnesota the continuing violation of which creates a fire hazard, then such officer or inspector shall order the same to be removed or the condition remedied. Section �-206.$-�-� DUTY TO CORRECT HAZARDOUS CONDITIONS. Such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to appeal within twenty-four hours to the City Council of the City of Brooklyn Center, who shall within 15 days review such order and file its decision thereon, and unless the order is revoked or modified it shall remain in full force and be obeyed by such owner or occupant. Any owner or occupant failing to comply with such order within 10 days after said appeal shall have been determined, or if no appeal is taken, then within 10 days after the service of the said order, sha11 be liable to a penalty as hereinafter provided. Section 5-2E17.�-rt1,�: SERVICE OF INSPECTOR'S ORDER. The service of any such order shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises by affixing a copy thereof in a conspicuous place on the door to the entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served either by delivering to and leaving with the said person a true copy of said order, or, if such owner is absent from the I jurisdiction ofthe officer making the order, by mailing-such copy to the owner's last known post office address. Section 5-208.��: NOTICE OF HAZARDOUS CONDITION POSTED ON BUILDINGS. Whenever any building of a public nature, or which is used for commercial purposes, or for any other purpose other than a private or two-family dwelling, is found to be unsafe for any reason set out in Section 5-206, and the hazard theref:ore',n4«��-<:;;T is so imminent as to place human life in immediate jeopardy, the inspecting officer shall post or place at the principal entrance of such structure a notice stating that it is in a dangerous condition; and it shall be unlawful for any person to remove such notice without his written permission. �Pormatted:Widow/Orphancontrol City of Brooklyn Center 5-18 City Ordinance If the owner or person in charge of such building or structure, when notified, shall fail to place the same in a safe condition or to adopt such emergency measures as shall have been directed within the time specified, it shall be unlawful for any person, firm or corporation to occupy or use said building or structure until it has been rendered safe. Section 5-2E19..,�-'_-�-Ei� WATER OUTLETS REQUIRED. On all commercial, industrial and other nonresidential construction which is supplied with an adequate well there shall be provided a four inch outside water fitting with frost-free valve so located as to be easily accessible for connection to firefighting equipment near to an alley or road. It shall be so constructed that it can be easily operated from the outside at all times. Section 5-21b.�: PENALTY. Any person violating any provision ofthis ordinance shall, upon conviction, be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment not exceeding ninety (90) days or both, together with the costs of prosecution. The hazardous condition that invoked the penalty shall be remedied within a reasonable specified time; failure to do so shall constitute a separate offense. Formatted: Widow/Orphan control Ciry ofBrooklyn Center 5-19 City Ordinance ESTABLISHING FIRE PREVENTION PROVISIONS 1N INDUSTRIAI,. COMMERCIAL. �k�ID RESIDENTIAL DISTRICTS Section 5�00.�-3E�-]- FIRE PREVENTION POLICY STATEMENT. It is declared to be the policy of the City of Brooklyn Center to vigorously promote the safety and welfare of its citizens. In this context, the traditional approach to fire service--suppressing fires once ignited, rescuing survivors, I and too frequently exposing fire#i�ht�i•s#�r�tr to physical danger and death, all at a disproportionately high community investment of resources in manpower and equipment--is declared unacceptable for Brooklyn Center. Rather, it is the fire safety policy of the City of Brooklyn Center to efficiently utilize its resources and maximize life, safety, and citizen welfare by requiring that fire prevention and extinguishing systems be built into certain new structures. Thus, the effectiveness of the Brooklyn Center volunteer fire department is enhanced and extended at a lower cost to the citizenry, life safety is allocated a priority at least as great as property protection, and the owner cost of built-in fire protection is partially or wholly repaid in savings on initial construction costs and annual fire insurance premiums. Section 5-3UI .�-3{{}� FIRE EXTINGUISHING SYSTEMS REQUIRED. Every story, hasement, or cellar in every building hereafter erected in the I-1 (Industrial Park), I-2 (General Industry), C1 (Service Office), C 1 A(Service/Office), and C2 (Commerce) zoning districts shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions ofthe Sprinkler Standard, N.F.P.A. No. 13. Every story, basement, or cellar in every building exceeding three stories in height hereafter erected in any residential (RI through R7) district shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions ofthe Sprinkler Standard, N.F.P.A. No. 13. The fire extinguishing system shall be connected to a central station system approved and listed by Underwriters Laboratories, Inc. and shall remain so connected and maintained during the life of the building. Exception: Buildings having a gross floor area less than 2,000 square feet shall not be required to install a fire extinguishing system, provided each story of the building has at least 20 square feet of opening above grade in each segment of the 50 lineal feet of exterior wall on at least one side of the building. Sect�on 3�32 -`i-i#�- ��R�N�E� {ADNS'I7vIE3�1'�'�) The�rocedure for abtaxning a v-arian�e F e e as s�t Qutan S�cti�in 3� 2�#O �a�the ortl�naaces i �s� i fh sam fror� zhere utre�eut� c��this or� n�n�e�ha 1 b� e... of#1�e Sect�on 35-240 does not exist. The board of adjustments and appeals may recommend and the City Council may grant variances from the ]iteral provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the specific property or use under consideration. The provisions of this ordinance, considered in conjunction with the unique and distinctive cireumstances related to the property or uses thereof must be the proximate cause of the hardship; circumstances caused by the property owner or the applicant or a predecessor in title shall not constitute sufficient justification to grant a variance. A variance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met: City of Brooklyn Center 5-20 Ciry Ordinance 1. A particular hardship to the owner would result if the strict letter of the regulations were carried out. 2. The conditions upon which the application for a variance is based are unique to the parcel of land or the use thereof for which the variance is sought and are not common, generally, to other property or uses thereof within the same zoning classification 3. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. Section 5-3d3.��: PENALTY. Any person violating the provisions of this ordinance shall, upon conviction, be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment not exceeding ninety (90) days or both, together with the costs of prosecution. Formatted: Widow/Orphan Gontro) Ciry of Brooklyn Center 5-21 Ciry Ordinance EMPOWERING THE CHIEF OF THE FIRE DEPARTMENT TO ESTABLISH FIRE LANES AND PRESCRIBING A PENALTY Section �-40Q.�t�1- ORDERS ESTABLISHING FIRE LANES. The bureau of fire prevention is hereby authorized to order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with, and that access to fire hydrants or buildings may not be blocked off. When a fire lane has been ordered to be established, it shall be marked by a sign bearing the words "No Parking--Fire Lane" or a similar message. When the fire ]ane is on a public property or a public right-of-way, the sign or signs shall be erected by the City, and when on private property, they shall be erected by the owner at his own expense within 30 days after he has been notified of the order. Thereafter, no person shall leave a vehicie unattended or otherwise occupy or obstruct the fire lane. Section 5-401.�-=1612: PENALTY. Any person violating any provision of this ordinance or any order made pursuant thereto, shall be guilty of a misdemeanor and shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, with costs of prosecution in either case to be added. Each day's violation after notice thereof shall constitute a separate offense. 1 Formatted: Indent: First Iine: 0.38", Section 5-5(}0.�—�A�. INSPECTIONS OF VENTILATION SYSTEMS. Cleaning. Any persons,« 1 Widow/Orphan conbol firms, or corporations performing ventilation system cleaning in the City of Brooklyn Center sha11, prior to ventilation system cleaning, at least five days in advance obtain a permit from the Bureau of Fire Prevention for each job and pay a permit fee as established by resolution by the City Council of Brooklyn Center. Upon completion of each job, said persons, companies, or corporations shall notify the Bureau of Fire Prevention of the completion of the job and prior to leaving the job site, allow for inspection of work by a member of the Bureau of Fire Prevention. Section 5-SOl PROHIBITED VEHICLES. It shall be illegal to park, store, or leave unattended I, Formatted: Widow/Orpham m�VOl on any street, highway, avenue, alley or parking lot within the limits of the City of Brooklyn Center any vehicle carrying flammable or combustible liquids including, but not limited to, LP or propane, or containing explosives or blasting agents, or containing hazardous material or poisonous gases. This shall not prevent a driver from transferring the product to or from the vehicle or a necessary absence from the vehicie in connection with the driver's normal duties, nor shall it prevent stops for meals. Vehicles that have become disabled due to mechanical failure must be removed within three hours. City of Brooklyn Center 5-22 Ciry Ordinance Work Session Agenda Item No. 2 MEMORANDUM COUNCIL WORK SESSION DATE: October 13, 2008 T0: Curt Boganey, City Manager FROM: Gary Eitel, Community Development Director I SUBJECT: Amendments relating to the issuance of MOTOR VEHICLE DEALER LICENSES. COUNCIL ACTION REQUIRED: A motion to authorize staff to proceed with the following amendments: An Ordinance Amending Chapter 23 of the City Code of Ordinances Regarding the Sale of Motor Vehicles. Application requirements for City License Deletion of Building/Land Assessed Valuation Ratio). An Ordinance Amendment to Section 35-322, Para 3(a) Special Uses the sale of motor vehicles at retail (minimum lot size and minimum building coverage). BACKGROUND INFORMATION: The Zoning Ordinance presently allows the sale of motor vehicles at retail as a Special Use within the C2 COMMERCE DISTRICT (Section 35-322, Para. 3— e). the Procedures Standards for Special Use IAL USE PERMITS defines Section 35-220, SPEC Permits, Conditions and Restrictions, Resubmission, Revocation and Extension of Special Use Permits. The Special Use Permit application process includes a public hearing before the Planning Commission and approval by the City Council which may include conditions, and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in the ordinances. Also, Chapter 23, General Licensing Regulations, addresses the licensing associated with "SALE OF MOTOR VEHHICLES". Section 23-1202, License Reauired, states that no person shall be engaged in the business of buying, selling, displaying, or offering for sale new or used motor vehicles at any place of business without first obtaining an appropriate license as required under this ordinance. The licensing regulations defines motor vehicles into two classes: Class A applies to cars (any new or used automobile or truck) Class B applies to motorcycles and any other type of land vehicle propelied by a motor other than cars. Section 23-1204, CONDITIONS IN, OF AND FOR MOTOR VEHICLE DEALER LICENSES, states that no motor vehicle dealer's license shall be issued except under the following conditions: a) No Class A motor vehicle dealer license shall be issued to any person who does not possess and operate under a new car franchise or contract in and for the City of Brooklyn Center, except that such license may be issued to any person not operating under such new car franchise if such licensee operates and maintains in Brooklyn Center an enclosed garage, showroom, or other car display or rental structure on the land which structure shall have a true and full City Assessor's value equal to at least twice the true and full value of land used by such licensee in the sale of new and used cars. b) Every Class A Licensee shall provide, operate, and maintain in the City of Brooklyn Center at least one equipped and manned repair shop or facility capable of repairing the motors, engines, brakes, lights, tires, electrical and other operating equipment of any motor vehicle sold by such dealer. c) No motor vehicle dealer license of any class shall be issued for any place or business which is not zoned therefore. d) Each licensee shall provide sufficient parking spaces on licensee's premises for all motor vehicles repaired and processed by such licensee. e) The applicant for any license required under this ordinance shall file an application for plan approval with the Secretary of the Brooklyn Center Planning Commission. Such application shall be accompanied by a detailed map, plat or drawing of the place of business, for which such license is to be issues showing among other information the following: address, location, and dimensions thereof; location, type, and dimensions of any buifding, fence, and lighting equipment thereof; the intended plan of all vehicle parking; the location and dimension of processed car storage space; all curb openings; all driveways and alleyways therein and thereon; and a certificate by the City Engineer approving the drainage and paving on such place of business. (Unless changes are thereafter made, the same plan or map and other information need not be resubmitted for any renewal) f) The payment of the fees hereinafter set forth; g) The approval and filing of the bond as hereinafter set forth for Class A licenses; h) The obedience to all of the other conditions and provisions, governing such business or operation set forth in this ordinance, other ordinances of Brooklyn Center, and the laws of the State of Minnesota. An issue with Section 23-1204 (a) is that the City Assessor has indicated that assessing practices have weighed the assessed valuation of sales lots on the land and not on the buildings. This issue can be resolved by deleting the building to land valuation standard from the licensing application and adding a minimum lot size of 2 acres and minimum building coverage of 15°� to the Special Use provision of the C 2 Zoning District. The City recently approved the Luther Auto PUD proposals which included the following: Lot Area Bld�. Covera�e Buick, GMC, Pontiac 2.15 acres 21.54 Chevrolet 8.55 acres 16.07 Honda (new) 8.17 acres 15.3 Toyota 8.29 acres 16.4 Other dealerships within the City include: Mitsubishi Mazda approx 5 10.55 (usable acres) Honda (existing) 5.03 acres 20. Former Chrysler Dealership 5.13 acres 12•82 WitM the exception of the existing Honda Dealership, all sites have been approved as part of PUD applications which include City Council Resolutions with conditions and considerations far the development and use of each site. Council Policv Issues: The changes to the licensing application and use of a consistent measurable standard, such as minimum lot size and minimum lot coverage provides equal standards for new and used car dealerships, while maintaining the intent of productive land uses which enhance the City's tax base. It strengthens the integrity of the City's ordinance and reduces risk of potential legal challenges. Attachments: Chapter 23 —1200 Sale of Motor Vehicles Chapter 35-322 C2 Commerce District Draft Amendment to Chapter 23 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 the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 23 of the City Code of Ordinances Regarding The Sale of Motor Vehicles. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF TI� CITY CODE OF ORDINANCES REGARDING THE SALE OF MOTOR VEHICLES THE CITY COUNCIL OF TI-� CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section l. Section 23-1204 of the Brooklyn Center City Code of ordinances is hereby amended as follows: Section 23-1204. CONDITIONS IN, OF AND FOR MOTOR VEHICLE DEALER LICENSES. No motor vehicle dealer's license shall be issued except under the following conditions: a. No Class A motor vehicle dealer license shall be issued to any person who does not possess and operate under a new car franchise or contract in and for the City of Brooklyn Center, except that such license may be issued to any person not operating under such new car franchise if such licensee operates and maintains on its nremises in Brooklyn Center an enclosed reQair garage, a showroom or other car display or rental structure on the land,—�r�c-� a °a and meets the zoning reauirements and nerformance standards of the citv codes. b. Every Class A licensee shall provide, operate and maintain on its premises in the City of Brooklyn Center an equipped and manned repair shop or facility capable of repairing the motors, engines, brakes, lights, tires, electrical and other operating equipment of any motor vehicle sold by such dealer. e. Everv premises for which a license is required under this ordinance shall have on file an approved application for plan approval with the Secretary of the Brooklyn Center Planning Commission. Such application shall be accompanied by a detailed map, plat or drawing of the place of business for 1 which such license is to be issued showing among other information, the adtlress, location and dimensions thereof; the location, type and dimensions of any building, fence, and lighting equipment thereon; the intended plan of all vehicle parking, the location and dimensions of processed car storage space; a11 curb openings; all driveways and alleyways therein and thereon; and a certificate by the City Engineer approving the drainage and paving on such place of business. Section 2. Section 23-1205 of the Brooklyn Center City Code of ordinances is hereby amended as follows: Section 23-1205. APPLICATION FOR LICENSE. The application for any license hereunder shall be made in writing and signed by the applicant on forms provided by the City Clerk, which application shall show, among other information, the names, residence or principal place of business and age or ages of all individual applicants; if a partnership, the names, addresses and ages of all partners; if a corporation, the names and addresses of all the officers and stockholders thereof; proof of f��'��°° a dealer's license authorizing the licensee to sell new andlor used cars in Brooklyn Center, �T��r� ra f ^f r�;° as set forth in Section 23-1204 (a and bl herein; the business or occupation and residence addresses of the applicant for a period of three years immediately prior to the date of such application, including all partners, officers, or stockholders; any previous insolvency or bankruptcy of any applicant; and such other pertinent, relevant or material information as the City may from time to time require. All applications for such licenses shall be accompanied by the information described in Sections 4 and 5 of this ordinance. Section 3. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of 2008. Mayar ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) 2 C. Parkin� on Parade Route. The City Manager's designee shall have the authority, when reasonably necessary to prohibit or restrict the parking of vehicles along the route of the parade in areas contiguous thereto. The City Manager's designee shall post signs to such effect, and it shall be unlawful for any person to park or leave any vehicle unattended in violation thereof. Section 23-1110. REVOCATION. The City Manager's designee shall have the authority to revoke a parade pernut issued hereunder, on notice, upon application of the standards for issuance as herein set forth. Section 23-1111. PENALTY. The violation of the provisions of the Chapter or any lawful order of the City Manager's designee issued pursuant to the provisions hereof, shall be punishable by a fine not to exceed one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution: Section 23-1112. SEPARABII.ITY. If any section, subsection, clause, phrase or portion of this chapter be held unconstitutional or invalid by any court of competent jurisdiction, such portion shall be deemed to be separate, distinct and independent and such holding shall not affect the validity of the remaining portions. SALE OF MOTOR VEHICLES Section 23-1201. DEFINTTIONS. As used in the ordinance, the following terms shall mean: a. Car. Any new or used automobile or truck. b. Dealer in Motor Vehicles. Any person, firm, or corporation, together with any subsidiary or branch thereof engaged in the business of buying, selling, displaying or offering for sale new or used motor vehicles as a principal business or occupation. The dealer in motor vehicles will also be referred to herein as "dealer" or "licensee". c. Motor Vehicle. For the purpose of this ordinance motor vehicles shall be of the two following classes: 1. Class A will apply to cars; 2. Class B will apply to and mean motorcycles and any other type of land vehicle propelled by a motor other than cars. d. "Executive", "Official", "House Car" or "Demonstrator". These terms shall apply only to any motor vehicles which have actually been used by either a bona fide official or representative of the manufacturer or by the dealer making the sale offer and which have never been sold to a member of the public. City of Brooklyn Center 23-45 City Ordinance e. Sale. The term "sale" is defined and is deemed to have taken place only when the dealer and the customer have agreed, in writing, on at least all of the following elements: 1. The make, model, type and year of the manufacture of motor vehicle intended includin the a reed date of to be sold to and purchased by the customer, g g delivery to the customer. 2. The net purchase price to be paid therefore by the customer f.o.b. Brooklyn Center, including any amount allowed for a trade-in. 3. Amount of down payment, if any. icin or arts if an 4. The cost of additional re airin serv y P g g p Section 23-1202. LICENSE REQUIRED. No person shall be engaged in the business of buying, selling, displaying or offering for sale new or used motar vehicles at any place of e uired under this ordinance. r riate license as r b u s i n e s s w i t h o u t f i r s t o b t a i n i n g a n a p p o p q Section 23-1203. SEPARAT'E LICENSES. Each license shall have an established place of business, and each license shall authorize business at only the designated premises. If a licensee has more than one place of business, a separate license is required for each. Section 23-1204. CONDITIONS IN, OF AND FOR MOTOR VEHICLE DEALER LICENSES. No motor vehicle dealer's license shall be issued except under the following conditions: a. No Class A motor vehicle dealer license shall be issued to any person who does not possess and operate under a new car franchise or contract in and for the City of Brooklyn Center, except that such license may be issued to any person not operating under such new car franchise if such licensee operates and maintains in Brooklyn Center an enclosed garage, showroom or other car display or rental structure on the land, which structure shall have a true and full City Assessor's value equal to at least twice the true and full value of land used by such licensee in the sale of new and used cars. b. Every Class A licensee shall provide, operate and maintain in the City of Brooklyn Center at least one equipped and manned repair shop or facility capable of repairing the motors, engines, brakes, lights, tires, electrical and other operating equipment of any motor vehicle sold by such dealer. c. No motor vehicle dealer license of any class shall be issued for any place or business which is not zoned therefore. City of Brooklyn Center 23-46 City Ordinance d. Each licensee shall provide sufficient parking space on licensee's premises for all motor vehicles repaired or processed by such licensee. e. The applicant for any license required under this ordinance shall file an application for plan approval with the Secretary of the Brooklyn Center Planning Commission. Such application shall be accompanied by a detailed map, plat or drawing of the place of business for which such license is to be issued showing among other information, the address, location and dimensions thereof; the location, type and dimensions of any building, fence, and lighting equipment thereon; the intended plan of all vehicle parking, the location and dimensions of processed car storage space; all curb openings; all driveways and alleyways therein and thereon; and a certificate by the City Engineer approving the drainage and paving on such place of business. Unless changes are thereafter made, the same plan or map and other information need not be resubmitted for any renewaL f. The payment of the fees hereinafter set forth. g. The approval and filing of the bond as hereinafter set forth for Class A licenses. h. The obedience to all of the other conditions and provisions, governing such business or operation set forth in this ordinance, other ordinances of Brooklyn Center, and the laws of the State of Minnesota. Section 23-1205. APPLICATION FOR LICENSE. The application for any license hereunder shall be made in writing and signed by the applicant on forms provided by the City Clerk, which application shall show, among other information, the names, residence or principal place of business and age or ages of all individual applicants; if a partnership, the names, addresses and ages of all partners; if a corporation, the names and addresses of all the officers and stockholders thereof; proof of the franchise authorizing the licensee to sell new cars in Brooklyn Center, or proof of the true and full City Assessor's value of showroom or other structure in Brooklyn Center as compared to the true and full value of car display land all as set forth in Section 23-1204 (a) herein; the business or occupation and residence addresses of the applicant for a period of three years immediately priar to the date of such application, including all partners, officers, or stockholders; any previous insolvency or bankruptcy of any applicant; and such other pertinent, relevant or material information as the City may from time to time require. All applications for such licenses shall be accompanied by the information described in Sections 4 and 5 of this ordinance. Section 23-1206. LICENSE FEES. The fee for a Class A license shall be as set forth by City Council resolution. The fee for a Class B license shall be as set forth by City Council resolution. City of Brooklyn Center 23-47 City Ordinance Section 23-1207. EXPIRATION DATE. All licenses issued under this ordinance shall expire on April 30 of each year. Section 23-1208. TRANSFER OF LICENSES. Licenses hereunder may not be transferred from person to person or from place to place. Section 23-1209. STATE LICENSES REQiJIRED. No license shall be issued to deal in motor vehicles unless the applicant is licensed under the appropriate Minnesota Statutes to do so. Section 23-1210. COUNCIL AUTHORITY. The City Council may grant, deny suspend, or revoke any license under this ordinance, but any suspension or revocation shall be preceded by a hearing before the Council with not less than three (3) days notice thereof to the applicant or licensee. Section 23-1211. BOND REQUIRED. Each application for a Class A license shall be accompanied by a bond in the sum of $5,000 which shall run to the City of Brooklyn Center for the benefit of any person, firm or corporation who shall sustain any injury covered by the bond. The bond shall be conditioned that the principal will indemnify any and all persons, firms or corporations for any direct loss suffered because of dishonesty, misrepresentation or fraud on the part of the principal in the substitution of a motor vehicle or parts thereof for the one selected by the purchaser; failure through dishonesty or fraud to deliver a clear title to those legally entitled thereto; any misappropriation of monies or properties belonging to a purchaser being made in payment of a motor vehicle sold by the principal; alteration of a motor vehicle, its license plate or serial number on the part of the principal or with his knowledge so as to deceive the purchaser as to the year or model of any motor vehicle sold; or the violation of any of the provisions of this ordinance. Any person, firm or corporation who sustains an injury covered by this bond may in addition to any other remedy that he may have, bring an action in his own name upon the bond and against the surety for the recovery of any damage sustained by him. Each licensee need file only one bond regardless of the number of licenses held. Section 23-1212. DELIVERY. At the time of delivery the dealer shall furnish to the customer a written copy of the invoice, conditional sales contract, chattel mortgage, arder, or other writing containing the following information, if applicable: a. Cost of insurance, if any, and description of the exact coverage of such insurance. If such insurance does not include property damage or liability insurance, a statement to this effect shall be prominently stated on such document or documents. b. Cost of additional repairing, servicing or parts. City of Brooklyn Center 23-48 City Ordznance c. Exact cost of time price differential, including the exact amount or amounts, of the monthl installments the number of such installments and the total time balance. Y d. Cost of motor vehicle license to be added. e. The amount of down payment. f. The final net purchase price to be paid therefore by the customer f.o.b. Brooklyn Center, including any amount allowed for a trade-in. Section 23-1213. REGISTRATION. The registration of title card or bill of sale for any car sold shall be forwarded by the dealer to the Secretary of the State of Minnesota not later than fourteen (14) days after the date of the sale. No dealer shall receive and refuse to return to the owner any registration or title card for the purpose of compelling the owner of such card to purchase a motor vehicle from the dealer unless such dealer is ready, willing and able to comply with the terms of the contract or agreement for the sale of the motor vehicle. Section 23-1214. SALES AWAY FROM PLACE OF BUSINESS. No dealer or salesman or employee of such dealer shall advertise any motor vehicle as being sold by the owner thereof at the owner's home or residence if such motor vehicle is actually owned by or consigned to the licensee and sold as art of his business. No licensee shall use any public street, premises or P alley in the City for the storage of motor vehicles. Section 23-1215. MORTGAGES OR LIENS. If any licensee sha11 knowingly sell a motor vehicle which is subject to a mortgage, lien, or payments, thelicensee sha11 furnish a statement in writing to the purchaser definitely stating the amount of such mortgage, lien or payments, and the name and address of the holder or owner of such mortgage, lien or other indebtedness. If the licensee shall knowingly fail to furnish such information, any such mortgage, lien or payments shall be paid by the licensee. Section 23-1216. SPEEDOMETER TAMPERING. No licensee or agent of suchlicensee shall fraudulently change, set back, or disconnect, or fail to connect, or cause to be changed, set back, disconnected, or cause the failure to connect any speedometer of any used motor vehicle for the purpose of effecting the sale of such used motor vehicle. Provided, however, it shall not be unlawful for a licensee or his agent to offer a used motor vehicle for sale with the speedometer reading thereon turned back to zero. Section 23-1217. BLANK CONTRACTS. No licensee shall obtain the signature of a ntract chattel or les r urchase contract order conditional sales co purchaser on any blank sa o p other mort a e note or other writin or memorandum relatin to the sale of an motor vehicle, g Y gg g except for the financing statement, or like document, required under the Uniform Commercial Code. City of Brooklyn Center 23-49 City Ordinance Section 23-1218. SALES AS AGENT. The provisions of this ordinance shall apply to all sales made by a licensee irrespective of whether or not the motor vehicle sold or advertised for sale is owned by such licensee or whether he is acting as an agent or consignee for the owner. Section 23-1219. MOTOR VEHICLE LOTS CONDITIONED. All outdoor parking lots, car lots, motor vehicle ]ots or any area used for the purpose of displaying for sale motor vehicles shall be constructed, maintained, illuminated as set forth in the Brooklyn Center Zoning Ordinance. Section 23-1220. RECORDS OF SALES. Records of all purchases and sales shall be kept by the licensed dealer describing each vehicle purchased and sold by reference to serial number and State license number and date of each transaction, and such records shall be available for examination by the City Manager, City Manager's designee, and such other agents as may be designated by the City Council. Section 23-1221. LICENSE CERTIFICATE TO BE DISPLAYED. Licensees hereunder shall prominent�y display in their showroom, or in the event of no showroom, in the room or area where negotiations and sales are consummated with the public, each license certificate issued hereunder. Section 23-1222. PENALTY. Any person violating the terms of this ordinance shall, upon conviction thereof, be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both together with the costs of prosecution. Any violation of this ordinance shall, in addition to other penalties, be grounds for revocation of license. REGULATIONS FOR SALE OF CHRISTMAS TREES Section 23-1301. LICENSE REQUIRED. No person, firm or corporation shall engage in the business of selling Christmas trees in the City of Brooklyn Center without first applying for and receiving a license as hereafter provided. Section 23-1302. APPLICATION. The application for license for selling Christmas trees shall be made to the City Clerk and shall be accompanied by a seasonal fee as set forth by City Council resolution. The license will expire on January 5 of the year following its issuance. A separate license shall be required for each place of sale. Section 23-1303. DEPOSIT. A sum of $100 in cash or cashier's check shall be deposited with the City Clerk at the time of application to insure that the site of sale shall be cleaned and cleared of Christmas trees and all other debris and materials relating to the business. It shall be the duty of the City Manager to deternune whether the site of sale is properly cleaned and cleared. If the site of sale is not cleaned and cleared by January 5 of the year following the issuance of the license, the deposit shall be forfeited to the City to defray the expenses of the City in cleaning and clearing the said site of sale. City of Brooklyn Center 23-50 City Ordinance Section 35-322. C2 COMMERCE DISTRICT. l. Permitted Uses a. The retail sale of food. b. Eating establishments, provided they do not offer live entertainment and further provided that the category does not permit drive-in eating places and convenience-food restaurants. c. The following uses: 1) The retai] sale of heating and plumbing equipment, paint, glass, and wallpaper, electrical supplies, and building supplies. 2) The retail sale of tires, batteries and automobile accessories and marine craft accessories. 3) The retail sales of apparel and related accessories. 4) The retail sale of furniture, home furnishings and related equipment. 5) Th� retail sale of miscellaneous items such as the following: Drugs and proprietary items Liquors Antiques and secondhand merchandise Books and stationery Garden supplies Jewelry Flowers and floral accessories Cigars and cigarettes Newspapers and magazines Gameras and photographic supplies Gifts, novelties and souvenirs Pets Optical goods Sporting goods and bicycles d. Service/office uses described in Subsection 1{b) through l(u), Subsection l(w), and Subsection 3(c) of Section 35-320. e. The following repair/service uses: 1} Electrical repair service shops. 2) Household appliances, electrical supplies, heating and plumbing equipment. 3) Radio and television repair service shops. Ciry of Brooklyn Center 35-35 December 3, ZOOS 4) Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. 5}. Traffic generated by other uses on the site will not pose a danger to children served by the day care use. arid further provided that the special requirements set forth in Section 35-411 are adhered to. c. Instructional uses for art, music, photography, decorating, dancing and the like and studios for like activity. d. Nonresidential educational uses including AreaLearning Centers (ALC), post secondary schools, business schools, trade schools and the like, but excluding� public and private elementary and secondary schools (K-12). Section 35-321. ClA SERVICE/OFFICE DISTRICT. 1. Permitted Uses (No height limitation) a. All of the permitted uses set forth in Section 35-320 shall be permitted in a building or establishment in the ClA district. b. Transient Lodging and Associated Uses. 2. Special Reauirements a. See Section 35-411 of these ordinances. 3. Special Uses a. Accessory off-site parking not located on the same property with the principal use, subject to the provisions of Section 35-701. b. All of the special uses set forth in Section 35-320 shall be allowed by special use permit in the C 1 A district. Section 35-322: C2 COMMERCE DISTRICT. 1. Permitted Uses a. The retail sale of food. City of Brooklyn Center 35-34 01l19/08 b. Eating establishments, provided they do not offer live entertainment and further provided that the category does not permit drive-in eating places and convenience-food restaurants. c. The following uses: 1) The retail sale of heating and plumbing equipment, paint, glass, and wallpaper, electrical supplies, and building supplies. 2) The retail sale of tires, batteries and automobile accessories and marine craft accessories. 3) The retail sales of apparel and related accessories. 4) The retail sale of furniture, home furnishings and related equipment_ 5) The retail sale of miscellaneous items such as the following: Drugs and proprietary items Liquors Antiques and secondhand mercHandise Books and stationery Garden supplies Jewelry Flowers and floral accessories Cigars and cigarettes Newspapers and magazines Cameras and photographic supplies Gifts, novelties and souvenirs Pets Optical goods Sporting goods and bicycles d. Service/office uses described in Subsection 1(b) through 1(u), Subsection 1(w), and Subsection 3(c) of Section 35-320. e. The following repair/service uses: 1) Electrical repair service shops. 2) Household appliances, electrical supplies, heating and plumbing equipment. 3) Radio and television repair service shops. City of Brooklyn Center 35-35 December 3, 2005 4) Watch, clock and jewelry repair service shops. 5 Reu holste and furniture re air sho s. P rY P P 6} Laundering, dry cleaning and dyeing. 7) Equipment rental and leasing services. f. The following medical and health uses: 1) Hospitals, not including animal hospitals. 2) Medicallaboratories. 3) Dentallaboratories. 4) Nursing care homes, (at not more than 50 beds per acre), provided that these institutions shall where required by state law, or regulation or by municipal ordinance, be licensed by the appropriate state or municipal authority. g. The following contract/construction uses: 1) Building construction contractors' offices. 2) Plumbing, heating and air conditioning contractors' offices. 3) Painting, paper hanging and decorating contractors' offices. 4) Masonry, stone work, tile setting and plastering contractars' offices. 5) Carpentering and wood flooring contractors' offices. 6) Roofing and sheet metal contractors' offices. 7) Conc"rete contractors' offices. 8) Water well drilling contractors' offices. h. Nonresidential educational uses including Area Learning Centers (ALC), post secondary schools, business schools, trade schools and the like, but excluding public and private elementary and secondary schools (K-12). i� Ciry ofBrooklyn Center 35-36 Ol/19/08 i. Accessory uses, incidental to the foregoing principal uses when located on the same property with the use to which it is accessory. Such accessory uses to include but not be restricted to the following: 1) Offstreet parking and offstreet loading. 2) Signs as permitted in the Brooklyn Center Sign Ordinance. 3) Outside display and sale of inerchandise provided that an administrative permit is first obtained pursuant to Section 35-800 of these ordinances. j. Other uses similar in nature to the aforementioned uses, as determined by the City Council. k. Drop-in child care centers licensed by the Minnesota Department of Public Welfare pursuant to a valid license application, provided that a copy of said license and application shall be submitted annually to the City. 2. Sp�cial Reouirements a. See Section 35-412 of these ordinances. 3. Suecial Uses a. Gasoline service stations (see Section 35-414), motor vehicle repair and auto washes provided they do not abut an Rl, R2, or R3 district, including abutment at a street line; trailer rental in conjunction with these uses, provided that there is adequate trailer parking space. b. The sale or vending at gasoline service stations of items other than fuels, lubricants or automotive parts and accessories (and other than the vending of soft drinks, candy, cigarettes and other incidental items for the convenience of customers within the principal building) provided adequate parking is available consistent with the Section 35-704, 2(b) and 2(c). c. Drive-in eating establishments and convenience-food restaurants provided they do not abut an R1, R2, or R3 district including abutment at a street line. (However, convenience food restaurants without drive-up facilities and located within the principal structure of a shopping center of over 250,000 sq. ft. of gross floor area shall be considered a permitted use.) City of B��ooklyn Center 35-37 December 3, Z005 d. Eating establishments offering live entertainment; recreation and amusement places such as motion picture theaters and legitimate theater; sports arenas, bowling alleys, skating rinks, and gymnasiums, all provided they do not abut an R1, R2, or R3 district, including abutment at a street line. e. The sale of motor vehicles at retaiL f. The out-of-door display and sale of marine craft at retaiL g. Transient lodging. h. Animal hospitals. i. Public transportation terminals (excluding truck terminals). j. Clubrooms and lodges. k. Accessory off-site parking not located on the same property with the principal use, subject to the provisions of Section 35-701. l. Sauna establishments and massage establishments, provided they do not abut any residential (Rl through R7) district, including abutment at a street line. m. School bus garage facilities provided all storage, including vehicles, and minor servicing and minor repair shall be conducted wholly within an enclosed building and further provided it does not abut any residential (R1 through R7) districts, including abutment at a street line. n. Amusement centers provided the property on which the amusement center is to be located is not within 150 feet of any residentially zoned (Rl through R7) property. o. Automobile and truck rental and leasing. p. Tennis clubs, racket and swim clubs and other athletic clubs, health spas and suntan studios. q. Group day care facilities provided developments, in each specific case, are demonstrated to be: 1) Compatible with existing adjacent land uses as well as with those uses permitted in the C2 district generally. 2) Complementary to existing adjacent land uses as well as with those uses permitted in the C2 district generally. City of Brooklyn Center 35-38 December 3, 2005 3) Of comparable intensity to permitted C2 district land uses with respect to activity levels. 4) Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the cammunity. 5) Traffic generated by other uses on the site will not pose a danger to children served by the day care use. Furthermore, group day care facilities shall be subject to tbe special requirements set forth in Section 35-412. City of Brooklyn Center 35-39 December 3, 2005 Work Session Agenda Item No. 3 City of Brooklyn Center A Millennium Community MEMORA.NDUM COUNCIL WORK SESSION DATE: October 9, 2008 TO: Brooklyn Center City Council FROM: Curt Boganey, City M��' r�j SUBJECT: Joint Powers Agreement-Brooklyn Bridge Alliance Update COUNCIL ACTION REQUIRED At the last meeting the Council did direct that we place the subject Joint Powers Agreement on the regular agenda for consideration. It is still our intent to do so. BACKGROUND On Tuesday there was meeting of the potential partners in the JPA. Several of the school districts indicated support of the agreement, but stated that their legal staff had technical questions concerning the language of Article IV and how that language might affect the School Boards authority and responsibilities to expend funds and enter into contracts. It is my understanding that new language is being developed to address these concerns. When the final language has been provided we will place this item on the Council agenda for consideration. I understand that at the last Council worksession, other questions were raised about the agreement and the program itsel£ I will be glad to address any remaining questions at the worksession as we1L COUNCIL POLICY ISSUES jpa boorklyn bridge 10-13-08.doc 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (963) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH A JOINT POWERS AGI2EEMENT Fy;, The parties to this Agreement are Hennepin County, the �'��of Brooklyn Center, City of Brooklyn Park, Anoka-Hennepin School District, Brooklyn ��'r Qol District, Osseo School District, Robbinsdale School District, Hennepin Technical Colle�`e�nd North Hennepin �y=., s- Community College, all of which are governmental units within the State� ��Iinnesota. This Agreement is made pursuant to Minnesota Statutes, Section 471.59. ARTICLE I. GENERAL PiTRPOS L S The general purpose of this Ag��`�me�� to create an organization titled "The Brooklyn 1�� Bridge Alliance for Youth" (hereafter ref"��d to as fi��l�lance} through which the parties may jointly and cooperatively create a communrt�' wa��sion �'�gpositive youth development that will focus on developing a detailed action pl�- to cooperate, communicate and collaborate in positive youth development for all youth in��.3�ooklyn Center and Brooklyn Park. The organization would concentrate on encouraging co� parinerships that would improve the factors l� `��i g' y '�ve youth development and diminish or eliminate influences that limit heal��'`��uth develop�� t. The organization would serve as a formal structure to assemble L ��4 z: perman��oalition(s) for c�uth that would be responsible far implementing this action plan. tt�`�� ARTICLE II TIES� Sechon 1.��`�' �"vernmental units within the State of Minnesota eligible to become parties to this Agreement are Hennepin County, the City of Brooklyn Center, the City of Brooklyn Park, Anoka-Hennepin School District, Brooklyn Center School District, Osseo School District, Robbinsdale School District, Hennepin Technical College, North Hennepin Community College and such other governmental units, sharing common concerns, which may be designated by the Alliance Board of Directors. Section 2. Any governmental unit desiring to enter into this Agreement may do so by the duly authorized execution of a copy of this Agreement. by its proper officers. Thereupon, the clerk or other corresponding officer of the governmental unit shall file a duly executed copy of the Agreement, together with a certified copy of the authorizing resolution or other action, with the Board of Directors. The resolution authorizing the execution of the Agreement shall also designate the first directors and alternate director. ARTICLE IIL BOARD OF DIRECTORS Section 1. The governing and policy-making responsibilities of The Alliance shall be vested in its Board of Directors (the Board), which shall control its property, be responsible for its finances, and direct its administrative affairs. Section 2. Each party shall be entitled to two directors, (one elected official and one top- level staff, or two top-level staff, depending on the structure of eacfi party's organization) who shall have one vote each. Hennepin County shall l��'� Z o additional members, one each from y� the Brooklyn Park and Brooklyn Center librarie�,��'�e cities of „Brooklyn Center and Brooklyn f Park shall each have two additional members, on ea��;,c��}''s police department and one from each city's parks and recreation deparhnent. '��c� �`arty shall also be entitled to one alternate director, who shall be entitled to attend meetings o�'��e Board, but may only vote in the �;k4,�u..�:. absence of one of the party's two directors. 5 Section 3. The tv�, tors and one alternate director shall be appointed by resolution of the governing body �ach par� the governing party of a body appoints a director or f alternate director, ��iall give no G to The Alliance of such appointment in writing with a 7 certified co of the re ion th� ointment. The two directors and alternate director PY 2v �R� �s.� serve at the pleasure of the ��rning body of tli� appointed party. Finally, the two directors and alternate director of each party sl�all,be appointed to serve until their successors axe appointed and qualified. Section 4. The two directors� and alternate director of each party shall not receive any compensation from The Alliance for their services. Section 5. There shall be no voting by proxy; the two directors or alternate director must cast all votes in person at the Board meetings. Section 6. A majority of the votes attributable to the parties constitutes a quorum of the Board. Section 7. The Board by simple majority vote may designate ex-officio member(s) who are recommended by each city's Coalition for Youth and Youth Council as appropriate candidates to serve. These ex-officio members shall be entitled to attend and participate in the meetings as liaisons, but shall not be entitled to vote. ARTICLE IV. POWERS AND DUTIES OF THE BOARD Section l. The powers and duties of the Board shall include the powers set forth in this Article_ Section 2. The Board may appoint a coordinator, who shall perform the duties and responsibilities assigned by the Board and whose compensation shall be fixed by the Board. Section 3. The Board may enter in such contracts as necessary to carry out the general purposes of this organization. No contract on behalf of the organiz „`'.n may be entered into or ��.�a executed until the Board has approved such action by simple ,��`rty vote. The Board may a authorize any officer or officers agent or agents to enter mt �z�n or execute and deliver an a instrument in the name of and on behalf of the organization. Section 4. The Board may establish an annual budget. It may mves� einvest funds not needed for current operating expenses, if any, in the manner applicable by la s��; he city of its i; office location. It shall not at any time incur obligations in excess of funds then available to it. Organization funds may be expended b��the Board in accordance with procedure established by laws for the ex enditure of funds b th� ci Orders, checks, and drafts shall be signed P Y h' by the chair and countersigned by the vi�� chair ��r legal instruments shall be executed on behalf of the Board by the chair and vice ch Section 5. The Board shall make a fin�i�ial accounting and report to the parties at least once each year and its books and records shall b� �udited annually and be available for and open to examination by the parties at all reasonable times��F Se�� T, e Board may accept gifts, apply for and use grants of money or other L rope ;;�om the St Minnesota, Hennepin County, or any other governmental or private P fir y organ� ons, and may ent�� agreements required in connection therewith and may hold, use an d dispo s� �a f suc h momes prope r t y in accordance with the terms of the g ift, grant, loan, or agreement rel thereto Section 7 ��aar� may indemnify directors, officers, and employees against claims for damages, costs, and ex� nses incurred by any of such persons in connection with any action, suit or proceeding in which he or she may be involved by reason of his or her having been a director, officer, or employee and may obtain liability insurance therefore. Such indemnification need not be exclusive of other rights to which any such person would otherwise be entitled as a matter of law. it deems necessa The Section 8. The Board may appoint such committees as ry committees so appointed may include non-Board members, but must include at least one member of The Board. Section 9. The Board shall have the ower to ado t such by-laws that it may deem P P necessary or desirable for the conduct of the business of The Board. Such by-laws shall be consistent with this Agreement and any applicable laws or regulations. Section 10. The Board may hold only such property as may be required to accomplish the purposes of this Agreement and upon termination of this Agreer�nt, make distribution of j 5 a i i A eement. such ro e s s rovided for in th s A.__, P P rh' P ,.9 t y Section 11. The Board may exercise any other po� ary and incidental to the implementation of its powers and duties under the provisions of this Agr�� ent. Q ARTICLE V. MEETINGS, ELECTIONS, AND DUTIES OF OFFICERS Section 1. The City of Brooklyn Park agrees to convene the organizationa� meetings of The Alliance and act as the fiscal agent unless otherwise specified by the Board. Section 2. At the first meeting z��e�. .ard of Directors of The Alliance, the Board shall elect from its members a chair and vice cY�� or cb'��a. The new officers shall take office for a period of one year after the date on which�� a�'��Ie �e+� officer may serve only while a member of The Board. A vacancy in an offic� be filled from the membership of'The Board by election for the remainder of the unexpired te� for such office. The Board shall also appoint a secretary to record notes at the meeting and r E�.�#ribute those minutes to all the members followin �ue� F� ��ction 3. At the, organizational meeting, or as soon thereafter as may reasonably be �y..-� done t�:e. Board shall deterz��e its rocedures includin the time lace, fre uenc and notice of g P q Y p I ;q its regular �n��tings and the manner of calling special meetings. Secnoi� A va e y shall immediately occur in the office of any officer upon resignation or dea��a fiherwise upon such officer ceasing to be a representative of a governmental unit. U�on vacancy occurring in any office, the Board shall fill such position at its next meeting. ARTICLE VI. WITHDRAWAL Section 1. Any member pariy may at any time give written notice of withdrawal from The Alliance. A pariy withdrawing from membership at a time when such withdrawal does not result in dissolution of the organization shall forfeit its claim to any assets of the organization. ARTICLE VII. DISSOLUTION Section 1. The organization shall be dissolved whenever (a) aggregate withdrawals of member parties representing more than one-half of the area population occurs, or (b) by a majority vote of all members of the Board. Section 2. Upon dissolution, the remaining assets of the organization, after payment of all obligations, shall be distributed among the parties as determined by the Board. ARTICLE VIII. DURATION This Agreement shall continue in effect for a period of two years unless an Agreement extension is agreed upon by the parties. y...: ARTICLE IX. EFFECTIVE DATE. This Agreement shall become effective upar�xts�exec��r the parties hereta �f f u r c� Y Work Session Agenda Item No. 4 i Cit o Brookl n Center y f y A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: October 9, 2008 TO: Brooklyn Center City Council FROM: Curt Boganey, City M�r SUBJECT: New Hope Ice Arena COUNCIL ACTION REQUIRED Staff is seeking Council direction in response to the request from the City of New Hope that we provide financial support to the New Hope Ice Arena. BACKGROUND I have attached a copy of the letter from the City of New Hope for your review and consideration. To the best of knowledge Robbinsdale is the only City that is considering a financial contribution in response to this request. It is my understanding that they are considering an annual$1,000 contribution. COUNCIL POLICY ISSUES Does it serve the interest of City to provide financial support of this type? Would approval of financial support establish a precedent that should be applied to other similar circumstances? Should the City have policy related to these types of requests? 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityofbrooklyncenter.org Se tember 8 2008 P Mr. Tim Wilson, Mayar Mr. Curt Boganey, City Manager City of Brooklyn Center City of Brooklyn Center 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Brooklyn Center, MN 55430 Dear Maqor Wilson and Mr. Boganey: T.�?�j^r �1rA�2� ;_.'T:*� TS�VP�P�tc .S �Xi +�1° �TO�'.Z �t th Ne�� Q� TCA �iP�I?3 ::T?� ±1 �a �Tnjn� Hope City Council is uncertain where funding for the improvements will come from. In June, the City Council authorized the creation of a New Hope Ice Arena Endowment Fund to encourage arena users, stakeholders, area residents and businesses, and our neighboring cities within the School District to play an active role in helping to meet the facility's needs. The New Hope Ice Arena, located at 4949 Louisiana Ave. N., was constructed in 1975. A second sheet of ice was added in 1996. The outdated cooling system for the original north ice sheet is nearing the end of its life cycle, and the city of New Hope does not have the estimated $1.5 million funding in place to replace the aging ice refrigeration and dehumidification systems. In addition, remodeling of the arena's community room, replacement of the roof and other projects also need to be addressed in the near future. The New Hope Ice Arena is a regional asset that serves hockey players from New Hope, as well as your cities of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Plymouth and Robbinsdale. It has been home ice for Cooper and Armstrong boys and girls' hockey teams since 1975. The arena has been home to local youth hockey associations far many years, and continues to work closely with the Armstrong Cooper Youth Hockey. 'The facility also serves local hgure skaters. Tne New Hope Figure Skating School provides figure skafing instruction to skaters ages three to adult. And, the community room at the arena hosts many recreation programs including New Hope's very popular dance program as we1T as many community groups. Of course, these programs serve families from many other cities besides New Hope. The New Hope Ice Arena was built with general obligation bonds, which were paid for by New Hope taxpayers for the good of the greater community. While the city of New Hope has been responsible for all the operating and maintenance costs, some of these costs have been held down through rentals to users such as Youth Hockey and ISD 28L CITY OF NEW HOPE 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 www. ci.new-hope.mn.us City Hall: 763-531-5100 Police (non-emergency): 763-531-5170 Public Works: 763-592-6777 TDD: 763-531-5109 City Hall Fax: 763-531-5136 Police Fax: 763-531-5174 Public Works Fax: 763-592-6776 Page 2 rs. The New The facili serves the needs of man eo le be ond New Ho e s borde tY Y P p Y P Hope Ice Arena Endowment Fund was established to assist with maintenance needs and im rovements to the facili As stated above, the most ur ent need is fundin to re lace P t3' g g p the original sheet of ice. That is where the first $1.5 million will be spent. The Endowment Fund presents an opportunity for everyone who sees the extraordinary benefits the New Hope Ice Arena provides to help "Keep It Cool." All contributions are welcome. The city of New Hope will match 25 percent of all funds received. The goal of the endowment fund is to raise $2.5 million for capital improvement needs at the arena. This re uest for assistance is bein made due to a substaniial ioss in LGA to the ci over q g the past several years and due to the current economic downturn. The response from the greater community will be a gauge as to the level of community support for maintaining I the ice arena and continuing the operation into the future. For more information about the New Hope Ice Arena Endowment Fund, contact city manager Kirk McDonald at 763-531-5112 (kmcdonald@ci.new-hone.mn.us) or parks and recreation director Shari French at 763-531-5152 (sfrench@ci.new-houe.mn.usl. Thank you in advance for considering helping the city of New Hope in this time of need. Sincerely, i�! `��i Mayor Martin Opem, Sr. Kirk McDonald, City Manager Cc New Hope City Councilmembers Fund Raisin Plan for New Hope Ice Arena g Endowment Fund "Keep it Cool" T'he New Hope Ice Arena, located at 4949 Louisiana Avenue North in New Hope, Minnesota, was first opened in the fall of 1975. Local hockey enthusiasts worked for a number of years to convince the community of the need for this facility. In July of 1974 the city of New Hope voters approved a r?ferendum te build the arena with General Obligatian bonds. The facility is a regional asset which has predominately served youth from the seven cities within the Robbinsdale Area School District 281 boundaries, including Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Plymouth, Robbinsdale, and New Hope. T'he city of New Hope has paid the bulk of the cost to run the facility for over 30 years. A second sheet of ice was added in 1996 using a Mighty Ducks grant and TIF funding. This second sheet was added to support the increase in ice time needed due to the addition of girls' hockey at the youth and high school levels. The New Hope Ice Arena has been "home" to 281 high school hockey teams since it opened. It has also been "home" to the local youth hockey associations since 1975 including Cooper Youth Hockey and Armstrong Youth Hockey. The Endowment Fund's goal is to raise $2.5 million. Its purpose is to raise funds to pay for expected capital replacement needs at the New Hope Ice Arena. A community wide effort is needed as this facility serves residents of several cities. The most immediate capital need is expected to be the replacement of the north ice sheet at an estimated cost of $1.5 million. The original ice sheet (north side) dates back to 1975 and utilizes a Holmsten Direct System with a sand floor and ten miles of steel tubing. The system has a Iife expectancy of 30 years and therefore is on borrowed time. The city's goal is to replace the north ice sheet with an indirect system which is more energy efficient. The replacement date for the north ice sheet at this point is expected to be 2012 but the need could occur earlier. Other funds are needed for remodeling of the Community Room, replacement of the roof, replacement of the dehumidification systems, etc. Staff would like to establish a theme or by-line for the plan and suggests "Keep it Cool". A number of ideas were brainstormed but that one was chosen. Of course, staff is open to other suggestions. Other cities, includin Eden Prairie and Ma le Grove, have recentl develo ed g P Y P programs similar to an endowment fund. Their programs are staff supported but community driven. The leads have been taken by either their Mayor or by representatives of their hocke associations. In the case of these two communities, the Y fund raising efforts and sellin of name ri hts have been successful. g g The Endowment Fund was established by the New Hope City Council in February of 2Q08. Th� city of New Hope will match up to 25 percent of all funds received. The target audience to be approached for contributions includes o Robbinsdale Area Schools, District 281 o Armstrong/Cooper Youth Hockey Association o Community residents o Cities within 281 boundaries o Local and regional corporate/business leaders o USA Hockey o Minnesota Wild The Endowment Fund campaign approach will be through mailings, group and individual presentations, web messages, press releases, seeking partnerships within the community, and other various promotional pieces. It is expected that donations will come in many different forms and many different levels. Staff is recommending the following increments be considered: 1) Platinum Level (one opportunity) a) $250,000 or over b) Naming rights for the entire Ice Arena facility for ten years with company logo on a new signboard on 49� Avenue as well as on the building sign c) Name on plaque in lobby 2) Gold Level (two opportunities) a) $100,000 to $249,999 b) Naming rights for one of the two sheets of ice for five years c) Company emblem embedded in the named ice sheet d) Name on plaque in lobby 3) Silver Level (two opportunities) a Over 50 000 to 99 999 b) "Dressing" Zamboni in company logo for five years (such as a pop can, ambulance, garbage truck, etc.) c) Name on plaque in lobby 3) Bronze Level (one opportunity) a) Over $25,000 to $49,999 I b) Naming rights for the Community Room for five years c) Name on plaque in lobby 4) Sponsor Level (many opportunities) a) Over $10,000 to $24,999 b) Name on dasher board for five years c) Name on plaque in lobby I 5 Friends of the Ice Arena man o ortunities Y PP a) $1,000 to $9,999 b) Name on plaque in arena lobby These donations could come in the form of one time donations or in multi- ear Y commitments. They could come in the form of money or product valued at the levels listed above. I Work Session Agenda Item No. a City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION TO: Cornelius Boganey, City Manager FROM: Scott Bechthold, Chief of Police DATE: October 9, 2008 SUBJECT: Evergreen Park Petitions Recommendation: This council work session item is in regards to two complaints that were presented to the i Administrative Traffic Committee (ATC) at its August meeting. It was the recommendation of the committee to refer Files 08-004 and 08-005 to the Park Commission for further discussion and possible meeting with residents. Background: At the August Administrative Traffic Committee two complaints with attached petitions were presented to the committee regarding problems stemrning from Evergreen Park usage. Complaint #08-04 requested the removal or relocation of the basketball court. The residents who signed the petition cited numerous problems over the past several years at the court that included: inappropriate language and conduct, littering, and damage to property. According to the petition, the problems were eliminated in the summer of 2007 when the baslcetball hoops were removed. This past summer the hoops were replaced without input from the residents, and they now feel the problems will soon redevelop. Complaint #08-OS requested several changes in parking restrictions surrounding the north side of Evergreen Park. Neighbors who signed the attached petition cited recent parking problems when activities, such as baseball games and other events, occurred in the park. The neighbors are concerned about emergency vehicle access to the area due to the allowance of parking on both sides of the street. After a review of the complaints, the ATC recommended referral of both files to the Park Commission. It was the opinion of the ATC that the problems cited in the petitions were specifically related to park usage, and the Park Commission was the appropriate jurisdiction to analyze and respond to the concerns of the petitioning residents. Budget Issues: N/A C: Dave Peterson, Public Works 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-34D0 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityof brooklyncenter.org i Work Session Agenda Item No. 6 I City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: October 9, 2008 TO: Brooklyn Center City Council FROM: Curt Boganey, City Ma��1�� SUBJECT: City Manager Performance Review COUNCIL ACTION REQUIRED I would request that the City Council schedule a date with the City Attorney to review the City Managers performance for the period July 2007 through June 2008. BACKGROUND Per the agreement with the City Managers performance review is to be completed on an annual basis for the period ending June 30th each year. Based on previous Council direction I will complete my progress report for your review using the same format as the last review. This document will be ready not later than Monday. If the Council elects to use the same process as before scheduling my review facilitated by the City Attorney would be the appropriate next step. COUNCIL POLICY ISSUES performance review.l0-13-08.doc 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org