HomeMy WebLinkAbout2009 08-24 CCP Regular Session Public Copy
AGENDA
CITY COUNCIL STUDY SESSION
August 24, 2009
6:00 P.M.
City Council Chambers
A copy of the full City Council packet is available to the public. The packet ring binder is
located at the front of the Council Chambers by the Secretary.
1. City Council Discussion of Agenda Items and Questions
2. Miscellaneous
3. Discussion of Work Session Agenda Items as Time Permits
4. Adjourn
2010 Budget Calendar
(All dates 2009 unless otherwise indicated)
Citv Council Meetina Schedule
July 20 6:30 PM Goals and Strategies
August 25 6:30 PM Tax Levy, Funding Options and Limitations
August 31 6:30 PM Review Governmental Funds Budget Proposals
(General Fund, Grant Funds, TIF Funds, Debt
Service Funds)
September 14 7:00 PM Adopt Preliminary 2010 Tax Levy and Budget
October 19 6:30 PM Utility Fund Operations, Rates and Enterprise
Funds
November 16 6:30 PM Capital Project Funds
Capital Improvement Plan
November 23 7:00 PM Adopt Utility Rates for 2010
Adopt Pay Plan/Cafeteria Contribution for 2010
November 30 7:00 PM Public Presentation and Hearing
December 14 7:00 PM Adopt Final Tax Levy
Adopt Fina1 Budgets
note: The 2009 Legislature eliminated the mandated Truth-in-Taxation
hearings and published notices. However, the City Council must still
allow the opportunity for general public input into the budget process
prior to adopting the final 2010 budget and property tax levy.
2010 Budget Calendar
(All dates in Z009 unless otherwise indicated)
Utilitv, Enterprise and Internal Service Funds
September 23 Input Deadline for Water Fund
Sewer Fund
Storm Sewer Fund
Streetlight Fund
Recycling Fund
EBHC Fund
Liquor Fund
Golf Course Fund
Central Garage Fund
October 5 First Draft of Utility, Enterprise and Internal Service Funds
October 15 Final Presentation Draft ready
Caqital Improvement Plan and Capital Proiect Funds
October 21 Input Deadline for Capital Projects Fund
MSA Fund
Street Reconstruction Fund
Infrastructure Construction Fund
EBHC Capital Fund
Technology Capital Fund
October 30 First Draft of Capital Project Funds
November 12 Final Presentation Draft Ready
i
CITY COUNCIL MEETING
City of Brooklyn Center
August 24, 2009 AGENDA
1. Informal Open Forum with City Council 6:45 p.m.
provides an opportunity for the public to address the Council on items which are not on
the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not
be used to make personal attacks, to air personality grievances, to make political
endorsements, or for political campaign purposes. Council Members will not enter into a
dialogue with citizens. Questions from the Council will be for clarification only. Open
Forum will not be used as a time for problem solving or reacting to the comments made
but, rather, for hearing the citizen for informational purposes only.
2. Invocation 7 p.m.
—Boy Scout Troop 454 Flag Ceremony
3. Call to Order Regular Business Meeting
—The City Council requests that attendees turn off cell phones and pagers during the
meeting. A copy of the full City Council packet is available to the public. The packet
ring binder is located at the front of the Council Chambers by the Secretary.
4. Roll Call
5. Pledge of Allegiance
6. Approval of Agenda and Consent Agenda
—The following items are considered to be routine by the City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a
Councilmember so requests, in which event the item will be removed from the consent
agenda and considered at the end of Council Consideration Items.
a. Approval of Minutes
1. August 10, 2009 Study Session
2. August 10, 2009 Regular Session
3. August 10, 2009 Work Session
b. Licenses
c. Resolution Establishing Improvement Project Nos. 2010-01, 02, 03 and 04,
Dupont.Area Neighborhood Street, Storm Drainage, and Utility Improvements
d. Resolution Establishing Improvement Project Nos. 2010-05, 06, 07 and 08, Twin
Lake Area Neighborhood Street, Storm Drainage, and Utility Improvements
CITY COLTNCIL AGENDA -2- August 24, 2009
e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees at Certain Properties in Brooklyn Center Minnesota
f. Application and Pernut for Temporary On-Sa1e Liquor License Submitted by St.
Alphonsus Catholic School, 7031 Halifax Avenue North, Brooklyn Center, for an
Event to be Held October 3, 2009
g. Resolution Authorizing the Acceptance and Proposed Use of the COPS Hiring
Recovery Program Grant
h. Resolution Authorizing Proposed Use of Auto Theft Prevention Grant
7. Presentations/Proclamations/Recognitions/Donations
None
8. Public Hearings
None
9. Planning Commission Items
a. Planning Commission Application No. 2009-004 Submitted by Jim Irwin on
Behalf of Barry Minneapolis, LLC. Request for Site and Building Plan approval
for a 145,317 sq. ft. office building, a 28,255 sq. ft. annex building and a three
story covered parking facility on an 8.57 acre site at the southwest quadrant of
Freeway Boulevaxd and Humboldt Avenue North. The Planning Commission
recommended approval of this application at its August 13, 2009, meeting.
Requested Council Action:
—Motion to approve Planning Commission Application No. 2009-004
subject to the Pla.nning Commission recommendations.
b. Planning Commission Application No. 2009-005 Submitted by Jim Irwin on
Behalf of Barry Minneapolis, LLC. Request for a Variance from Section 35-412,
Subdivision 4, of the Zoning Ordinance requiring a 15 ft. parking setback and
green strip on a portion of the Freeway Boulevard right-of-way for the
development proposed under Application No. 2009-004. The Planning
Commission recommended approval of this application at its August 13, 2009,
meeting.
Requested Council Action:
—Motion to approve Planning Commission Application No. 2009-005
subject to the Planning Commission recommendations.
CITY COUNCIL AGENDA -3- August 24, 2009
10. Council Consideration Items
a. Resolution Authorizing the Execution of a Trail Agreement between Three Rivers
Park District and the City of Brooklyn Center
Requested Council Action:
–Motion to adopt resolution.
b. Resolution Authorizing the Dedication of Easements on City Property Pertaining
to the Bass Lake Road Streetscape and Regional Trail Project
Requested Council Action:
–Motion to adopt resolution.
c. Resolution Rescinding Special Assessment of PID 03-118-21-41-0017 from
Levy Roll No. 17076, Improvement Project No. 2008-05, Xer�ces Avenue and
Northway Drive Street Improvements
Requested Council Action:
–Motion to adopt resolution.
11. Council Report
12. Adjournment
Cit Council �A enda Item No. 6a
Y g
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
AUGUST 10, 2009
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson
at 6:00 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Police Chief Scott Bechthold, Public
Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary
Eitel, and Carol Hamer, TimeSaver Off Site Secretarial, Inc.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Yelich requested discussion on agenda item 6d, specifically in relation to
whether there is a separate notification sent to remind renta.l properties of the ordinance
requirement to remain current on utilities and taxes. City Manager Curt Boganey replied with
single family occupied rental units staff verifies the condition of the utilities and taxes at the time
that the particular unit comes up for license renewal. Given the large numbers, keeping track of
any single rental property that is behind on its utilities on a weekly or monthly basis would be
extremely labor intensive. Staff periodically conducts checks to determine if there are any multi
family units that are delinquent on utilities, as the number of properties is smaller.
It was noted that there would be a tradeoff of high costs associated with the City attempting
uniform enforcement of the requirement that single family units remain current on utilities and
taxes. Mr. Boganey advised that if the ordinance were to be strictly enforced 100% of the time
when every apartment unit becomes delinquent, it would be extremely expensive to enforce.
Given staff resources, they attempt to do this consistently, but at the same time recognize that
there are delinquencies that are not caught until the time of license renewaL
There was discussion on whether costs associated with strict enforcement of the ordinance would
be an argument for adjusting the rental license fees. Mr. Boganey stated if the Council were to
instruct staff to enforce the requirement so that an administrative or enforcement action would be
taken every time a single family residential unit became delinquent on its utilities, there would
likely not be a choice other than to increase the fees for everyone in order to cover the expenses
attached.
08/10/09 -1- DRAFT
Councilmember Roche requested discussion on agenda item 6c, specifically in relation to
recognizing the American Legion Post 630 for the donation of $12,630 towards the public trail
reconstruction in Central Paxk. Mr. Boganey explained that the donation was made in 2008 and
would have been recognized through a resolution.
Councilmember Ryan requested clarification regarding the last paragraph of the staff report on
agenda item 6c which states "Further review of the 2009 project budget amount ($817,000)
indicated an enor in the project estimate, which resulted in a lack of funding for the project in
the 2003 approved CIP budget." Mr. Boganey indicated the following correction to the above
statement in the staff report: "...which resulted in a lack of funding for the project in the
2008 approved CIP budget."
MISCELLANEOUS
None.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
COPS CHRP AND AUTO THEFT GRANTS ACCEPTANCE
Police Chief Scott Bechthold provided an overview of the following two grants recently awazded
to the City of Brooklyn Center Police Department: 1) COPS Hiring Recovery Program Grant;
and 2) Auto Theft Prevention Grant.
There was discussion on the above grants in relation to stipulations on the fund dollars being
directed to juvenile type officer programs. Chief Bechthold noted there is another application
that the City will receive response on in September that would include a juvenile case manager
and juvenile prevention specialist which would be an enhancement to this overall program.
There was discussion on the grant funding the juvenile officer for a three-year period with the
City being required to retain the juvenile officer for at least another year of employment
following the three-year period. Mr. Boganey noted that the PERF Study indicates that juvenile
offenders are one of the primary drivers for criminal activity that affects the City. At the next
meeting, Council will be asked to officially accept the grant, as it makes a commitment to future
Councils to fund the position for the fourth year.
Staff was commended for the effective grant writing and the success in standing out to receive
grants in the competitive process.
It was the majority consensus of the City Council to direct staff to present Council with a
resolution for consideration on acceptance of the above grants.
GARAGE SALE SIGN ORDINANCE REVIEW
Mr. Boganey reviewed that this item is a follow up to the Open Forum request to revise
enforcement practices and the City Ordinance governing gaxage sale signs. Mr. Boganey
08/10/09 -2- DRAFT
provided background information on the Open Forum request. He reviewed the petition received
by the City clarifying Ms. Klevin's request. The petition reads "The setback of 15 feet needs to
be revised to 3 feet. Fifteen feet is unsafe for drivers to see and take note of what the message is.
Three feet is reasonable, because it is easily read and not obstructing to anyone's view." Ms.
Klevin further states that the ordinance needs to be uniformly enforced. The signs include all
free-standing, temporary signs: House for Sale, by Owner; For Rent; Child Care; Garage Sa.le;
Waffle Breakfast; Real Estate; Retail Promotions; etc. Mr. Boganey noted that included in the
Council's packet is an e-mail received from Councilmember Yelich with a proposed ordinance
amendment. Mr. Boganey reviewed staff's response to the issues raised regarding garage sale
signs. He stated staff is seeking direction as to whether enforcement practices or an ordinance
amendment should be drafted for Council consideration.
Councilmember Yelich explained that his purpose for bringing forward the proposed ordinance
amendment was to acknowledge that residents are concerned about this and how the sign
ordinance is being enforced. He noted staff has laid out legitimate concerns with his initial
proposal and he would be open to changes. He stated his support of the City outlining how it is
improving on the consistent enforcement of the ordinance.
Councilmember Ryan stated his position that the sign ordinance has served the City well, while
many cities are proliferated with all manners of signs in commercial areas. He stated he would be
open to considering possible improvements to the ordinance and noted that while it may seem
like a common sense approach to think changes can be made in the standards for garage sale
signs, there would inevitably be unintended consequences.
ADJOURNMENT
Councilmember Lasman moved and Councilmerriber Roche, seconded to close the Study Session
at 6:45 p.m.
Motion passed unanimously.
08/10/09 -3- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
AUGUST 10, 2009
CITY HALL COUNCIL CHAMBERS
l. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim
Willson at 6:45 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer
Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City
Manager/Director of Building and Community Standards Vickie Schleuning, 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.
Ms. Carol Klevin, 5835 Zenith Ave N, addressed the City Council and sta.ted her concerns
regarding the enforcement of garage sale signs. She stated the rules of enforcement on signs
given to her by the police state a 15-foot distance. Regarding concerns over commercial signs, it
would be simple to include a requirement to state that all signs are prohibited on the median.
There could also be a requirement to limit the signs to garage sale signs, which are only up for a
few months. Ms. Klevin presented the City Council with 17 letters from citizens supporting her
proposal to change the sign ordinance, as well as a petition with 164 signatures. She shared
information on garage sale signs that have been removed as well as information on illegally
posted signs that have not been removed.
Mayor Willson informed Ms. Klevin that the five-minute time limit for Open Forum has been
reached and he will be asking if there are other individuals that would like to speak.
Mayor Willson invited individuals to address the City Council. As no one further wished to
speak, Mayor Willson invited Ms. Klevin to speak for the remainder of Open Forum.
Ms. Klevin noted a June 11�' Star Tribune article stating that 62% of the households surveyed in
Brooklyn Center stated they were facing financial stress. She stated her concern that the City still
appears to be making a concerted effort with garage sale signs. She stated people are trying to
sell things and others are trying to buy items, and they cannot do that when the signs are taken
down routinely. She stated garage sale signs help the economy in Brooklyn Center, as well as
recycling, going green, etc. She expressed her concern that in addition to garage sales being
08/10/09 -1- DR.AFT
harassed, Arby's would be able to sell more sandwiches and hire more people or give employees
more hours if its sign was not taken down. Ms. Klevin provided the City Council with lists of
illegally posted signs in the City. She stated none of the signs on the list are garage sale signs;
one of them has been up for one year. She stated she would like to remind the City Council that
they are elected and determine all the matters of policy; they can change any ordinance they see
fit by a majority vote. This is what she is asking the Council to do. She clarified that petition on
the sign ordinance change that she has submitted requests that the setback of 15 feet be revised to
3 feet.
Councilmember Lasman moved and Councilmember Roche seconded to close the Informal Open
Forum at 6:55 p.m.
Motion passed unanimously.
2. INVOCATION
Mayor Willson requested a moment of silence and personal reflection as the Invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson
at 7:00 p.m.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer
Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City
Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney
Chaxlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Yelich moved and Councilmember Lasman seconded to approve the Agenda
and Consent Agenda, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. July 20, 2009 Joint Work Session with Financial Commission
2. July 27, 2009 Study Session
3. July 27, 2009 Regulaz Session
4. July 27, 2009 Work Session
08/10/09 -2- DRAFT
6b. LICENSES
MECHANICAL
Complete Comfort Heating 7610 Jasmine Avenue S, Cottage Grove
DLW Comfort Solutions 3660 91 Court NE, Circle Pines
Marsh Heating A/C 6248 Lakeland Ave, Brooklyn Park
Mechanical Energy Systems 629 Lincoln Avenue NE, St. Cloud
Precision Heating Cooling 3650 Chestnut Street, Chaska
Schwantes Heating and Air 6080 Oren Avenue S, Stillwater
RENTAL
INITIAL
2200 55�' Ave N Samer Alarny
1600 71 Ave N Pavel Sakurets
4842 71 St Ave N Erick Dinh
1401 73` Ave N J Thomas Equities LLC
5401 Colfax Ave N Sufeng Zheng
5120 Drew Ave N Neng Zhang
5501 Emerson Ave N Gabriel Holloway
5819 Knox Ave N Gary Brummer
7125 Major Ave N Steve Rorem
RENEWAL
5527 Humboldt Ave N Michael McAlpin
5912 Admiral Lane Felix Mannella Jr.
6807 Humboldt Ave N C302 Erik Ostigaard
4207 Lakeside Ave #322 Paul Swedberg
5825 Pearson Dr Michael Gonzelez
6612 Unity Ave N Trinh Nguyen
SIGNHANGER
Install This Sign Awning 4835 Lyndale Avenue N, Minneapolis
6c. RESOLUTION NO. 2009-94 ACCEPTING BID AND AWARDING A
CONTRACT, IMPROVEMENT PROJECT NOS. 2009-05, 15 AND 16,
SHINGLE CREEK PARKWAY AND 69� AVENUE STREET
IMPROVEMENTS AND 2009 CITY TRAIL IMPROVEMENTS
6d. RESOLUTION NO. 2009-95 CALLING FOR A PUBLIC HEARING ON
PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC
UTILITY SERVICE ACCOUNTS
6e. APPLICATION AND PERMITS FOR TEMPORARY ON-SALE LIQUOR
LICENSES SUBMITTED BY CITY OF LAKES NORDIC SKI
FOUNDATION FOR EVENTS TO BE HELD AT SURLY BREWING
08/10/09 -3- DRAFT
COMPANY, 4811 DUSHARME DRIVE ON SEPTEMBER 19, 2009, AND
OCTOBER 24, 2009
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOG1vITIONS/DONATIONS
7a. RESOLUTION NO. 2009-96 RECOGNIZING AND COMMENDING WINNERS
OF THE 2009 CITY OF BROOKLYN CENTER LANDSCAPE AND GARDEN
CONTEST
City Manager Curt Boganey introduced the item and stated the City would like to recognize the
efforts of citizens that have beautified the community.
Public Works Director/City Engineer Steve Lillehaug provided background information on the
City of Brooklyn Center Landscape and Garden Contest. He stated Master Gardener poris
Wickstrom of Minneapolis and Master Gardener Abiy Assefa of Brooklyn Center volunteered
their time to judge this year's contest. He recognized the American Legion for the donation to
purchase gift certificates for the winners and staff member Sue Rice for her coordination of the
contest. Mr. Lillehaug announced the winners of the 2009 City of Brooklyn Center Landscape
and Garden Contest:
Judges Best Overall Front Yard Gardens and Landscaping Award: Darryl Diane
Sannes 7006 Willow Lane
Great Street Presentation Gardens: Fred Yvonne Bebesee 2913 63 Ave N
Great Presence in the Community Award: Allan Darnell Hancock 5520 Fremont
Ave N
Best Non-Residential Garden: St. Alphonsus Church 7025 Halif� Ave N
Service to Community Garden: Women's Auxiliary American Legion Central Park
Great Use of Space Vegetable Garden: Brooklyn Center School District Community
Corner 1500 69�` Ave N
Ms. Diane Sannes thanked the Tree Trust Program and the hard working City staff inembers for
the greatly enhanced and beautified area around City Hhall this year.
Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION
NO. 2009-96 Recognizing and Commending Winners of the 2009 City of Brooklyn Center
Landscape and Garden Contest.
Motion passed unanimously.
Councilmember Yelich stated his support of the City continuing to support these types of efforts.
Mr. Boganey recognized Police Chief Bechthold, Public Works Director Lillehaug, and CARS
Director Glasoe for taking the challenge of giving a facelift to City Hall even as they cut back on
the City budget by utilizing funds and resources available through the State and County. He
explained that the Tree Trust Program gives unemployed youth an opportunity to Iearn skills.
08/10/09 -4- DRAFT
Mayor Willson requested Mr. Boganey to congratulate staff on these efforts on behalf of the City
CounciL
8. PUBLIC HEARING
-None.
9. PLANNING COMMISSION ITEMS
-None.
10. COUNCIL CONSIDERATION ITEMS
10a. HEARING FOR JOSEPH A. NOURIE, 3806 52� AVENUE NORTH,
REGARDING POTENTIALLY DANGEROUS DOG DECLARATION
Mr. Boganey introduced the item and discussed the history of the evidence to declare Mr.
Nourie's dog a potentially dangerous dog.
City Attorney Chazlie LeFevere stated the information included in Council's packet consists
primarily of documentary evidence reports and photographs. The hearing tonight is an
opportunity for Mr. Nourie to make any arguments or introduce new evidence. Council will then
need to respond to the appeal. The choices of the Council are to affirm the decision of the
Animal Control Review Panel, to reverse the decision of the Animal Control Review Panel, or to
continue the hearing if the Council would like additional evidence to be brought forward.
Councilmember Lasman moved and Councilmember Roche seconded to open the hearing.
Motion passed unanimously.
Mr. Joseph A. Nourie, 3806 52 Ave N, addressed the City Council and stated his appeal to the
potentia.11y dangerous dog declaration against his dog Bruno. He said he is hard working and
takes pride in his house and living in Brooklyn Center. He stated he came to the first hearing on
June 25�' and some of the people that were supposed to be there were not there. The pictures and
medical information were not there either, and he thought that no one thought it was a big deal.
He presented his side of the case at that hearing. The results of the hearing stated that he did not
represent any reason that the dog would have felt provoked, so he will try to answer that tonight.
He stated he believes that the TruGreen employee removing large equipment from the back of
the truck could have made the dog feel provoked, and the dog started barking at him. The guy
stiffened up, jumped up on the truck and said the dog bit him. After that he finished the job. Mr.
Nourie stated he went to TruGreen that afternoon to pay his bill; no one said anything there and
nothing happened that day. Monday is when things started to happen. Mr. Nourie stated his dogs
are nice. They have always been up on their shots. Bruno is a big dog. He weighs 110 pounds
and acts like a puppy. He has taken him to dog training classes since this happened so that he
does not jump on people and do the things puppies do anymore. Mr. Nourie stated there has not
been any trouble with any of the other True Green employees. As a good citizen of Brooklyn
Center he does not want to be viewed as having a potentially dangerous dog. He takes care of his
dogs and does not let them run.
08/10/09 -5- DR.AFT
Mayor Willson asked if Bruno is a German Shepherd mix. Mr. Nourie responded affirmatively.
He stated his dogs are both rescue dogs. Bruno was rescued from the Red Lake Reservation. He
is friendly with everyone. He questioned why the TruGreen employee did not do anything about
the bite until Monday or Tuesday and questioned when the pictures came up.
Councilmember Ryan informed Mr. Nourie that the City Council will reflect carefully on the
incident and the evidence presented. If the Council determines to rule the dog as potentially
dangerous it would not be a moral judgment against Mr. Nourie. By all appearances Mr. Nourie
has reacted responsibly; however, the Council has the responsibility to protect the interest and
safety of the public.
Mr. Nourie.stated it was said that he did not present any evidence at the previous hearing that the
dog was provoked in any way. He reiterated his position that the dog may have looked at the
TruGreen employee removing the big equipment as a provocation. He stated he realizes that the
City Council would want to error on the side of safety, but he is hoping to overcome that.
Councilmember Roche stated he has had large dogs his whole life. He stated his position that it
does not cut it that someone would wait to report this dog bite. He noted to Mr. Nourie that in
accordance with City Code Section 1-260, beginning six months after a dog is declared a
potentially dangerous or dangerous dog tl�e designation may be rescinded if the Animal Control
Officer finds sufficient evidence that the dog's behavior has changed. He verified with Mr.
Nourie that the dogs receive regular shots. He asked if the dogs are generally on a leash or run
free. Mr. Nourie replied that the dogs used to come with him outside when people come to his
house. Since this happened, he makes them stay in the house. He takes them for walks all the
time and has them on a leash until they get back in Twin Lake woods where he lets them run
loose. Since this incident, he has the dogs on a leash all the time.
Councilmember Roche asked if Mr. Nourie has ever had an incident like this with his animals
before. Mr. Nourie responded in the negative.
Councilmember Lasman moved and Councilmember Roche seconded to close the hearing.
Motion passed unanimously.
Councilmember Lasman stated her position that the potentially dangerous dog ordinance is very
clear and that the City Council does not have a choice in this matter. Mr. Nourie appears to be a
very responsible pet owner; however, it becomes a slippery slope if the ordinance were to be
bent and the pictures are very clea.r. She encouraged Mr. Nourie to request the Review of
Declaration allowed under Section 1-260 in six months time, assuming no other incidents have
occurred. She recommended that the dog be kept on a leash at all times during that six-month
interval.
Mayor Willson concurred. He stated his agreement with Section 1-260 allowing for a review of
the declaration. He sta.ted Mr. Nourie's work with his animal has been very good in going to
training and his awareness has been raised.
08/10/09 -6- DRAFT
Councilmember Roche stated his position that the complainant did not make proper notification
at the time of the incident. He stated because this did not happen, he will not be voting to uphold
the potentially dangerous dog declaration at this time.
Councilmember Yelich stated he has lived in Brookl Center for man ears and has had lar e
Yn Y Y g
dogs that he allowed to run in open fields. He stated it needs to be recognized that times have
changed and the City is now a fully developed, urban community, with a much denser
population. He stated his position that the complainant's reaction was reasonable due to the bite
being a puncture wound that he may have realized more fully later, and he may have had a
concern about rabies. He stated his position that Section 1-260 provides sufficient protection
with a review being allowed for individuals with dogs that have been declared potentially
dangerous. He commended Mr. Nourie on taking his dog to obedience school and for being a
responsible resident.
Councilmember Ryan moved and Councilmember Lasman seconded to uphold the decision and
findings of the Animal Control Review Panel.
Councilmember Ryan stated he concurs with the judgment of his colleagues and that the
ordinance clearly dictates what the decision should be.
Councilmember Roche voted against the same. Motion passed.
lOb. RESOLUTION NO. 2009-97 CALLING FOR A PUBLIC HEARING ON
PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT ABATEMENT
REMOVAL COSTS
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember Yelich seconded to approve
RESOLUTION NO. 2009-97 Calling for a Public Hearing on Proposed Special Assessments for
Delinquent Abatement Removal Costs.
It was noted that there are a high number of corporate type entities included on the list and that
the registration process has assisted in the identification of property owners responsible for
maintenance.
Motion passed unanimously.
lOc. RESOLUTION NO. 2009-98 DECLARING A PUBLIC NUISANCE AND
ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN
PROPERTIES IN BROOKLYN CENTER, MINNESOTA
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
08/10/09 -7- DR.AFT
It was noted that most of the residents are doing an outstanding job in terms of diseased tree
removal.
Councilmember Roche moved and Councilmember Lasman seconded to approve
RESOLUTION NO. 2009-98 Declaring a Public Nuisance and Ordering the Removal of
Diseased Trees at Certain Properties in Brooklyn Center, Minnesota.
Motion passed unanimously.
lOd. RESOLUTION NO. 2009-99 APPROVING FINAL PLAT FOR RICHARDSON
PARK 3RD ADDITION
Mr. Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
There was discussion on access to the site and on utility and water lines to the site.
Councilmember Roche moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2009-99 Approving Final Plat for Richardson Park 3` Addition.
Motion passed unanimously.
10e. AN ORDINANCE VACATING CERTAIN DRAINAGE AND UTILITY
EASEMENTS WITHIN THE PLATS OF BROOKLYN CENTER INDUSTRIAL
PARK PLAT 2, RICHARDSON ADDITION, RICHARDSON PARK AND
RICHARDSON PARK 2ND ADDITION, FIENNEPIN COUNTY, MINNESOTA
Mr. Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed
ordinance.
Councilmember Lasman moved and Councilmember Yelich seconded to approve first reading
and set second reading and Public Hearing on September 28, 2009, for an Ordinance Vacating
Certain Drainage and Utility Easements within the Plats of Brookl Center Industrial Park Plat
2, Richardson Addition, Richardson Park and Richardson Park 2 Addition, Hennepin County,
Minnesota.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Yelich reported on statistics included in the Minnesota Bureau of Criminal
Apprehension Annual Summary Report on Part I Crime Rates of Comparable Cities. He stated
Brooklyn Center continues to be at the top of this ranking and that the rate has been increasing
over the past four years. He sta.ted his position that this trend should turn around once the City
im lements a com rehensive strate
P P gY•
08/10/09 -8- DRAFT
Councilmember Lasman reported that she was unable to attend National Night Out due to her
attendance at a conference. She reported the Crime Prevention Program will host a fundraiser
pancake breakfast on September 26, 2009, 8:30 a.m. to 12:30 p.m. at Applebee's. Tickets are
available at the door or can be purchased from a member of the Crime Prevention Program.
Councilmember Roche reported on the following:
Request to individuals to look out for young children with the commencement of youth
sports activities.
National Night Out pre-meeting and neighborhood gatherings. He has been informed that
National Night Out in Brooklyn Center this year had the best attendance it has ever had.
The City may continue to be at or near the top in some crime statistics, but they are
getting their neighborhoods back. He stated his support far looking at ideas individuals
have on revitalizing the community, noting there have been ideas for Brookdale. He
expressed his apologies to the Xe�es Townhome Association for not being able to make
it to their National Night Out gathering.
Yard/Garage Sales and the issues about them are not unique to Brooklyn Center. He was
recently in California and there was a yard sale sign posted right across from the Hotel
Beverly Hills.
Councilmember Ryan reported on the following:
National Night Out on August 5�'. T'his was the 25�` year of the City's participation. He
and Mayor Willson separately drove to nine parties. He rode with Sergeant Stu Robinson
who took the time to describe the Police Department's current successes in reducing
crime in the City with an 8% reduction in crime last year.
August 20, 2009, the third of four scheduled neighborhood meetings is scheduled at
Kylawn Park. There will be pizza available and members of the City Council and staff
will be present to let residents know about things happening in the City.
Upcoming Crime Prevention Pancake Breakfast at Applebee's Brookdale is scheduled for
September 26, 2009, 8:30 a.m. to 12:30 p.m.
Mayor Willson reported on the following:
National Night Out kickoff and events. Individuals are coming out in stronger numbers
and taking back their neighborhoods and the community. This Council has discussed
crime in the City. The City has hired five new officers in the last 1'/z years and has
received a grant to hire another officer for a four-year period to deal with youth.
A dangerous dog hearing was held about one week ago with two more scheduled in
September.
12. ADJOURNMENT
Councilmember Yelich moved and Councilmember Lasman seconded adjournment of the City
Council meeting at 8:27 p.m.
Motion passed unanimously.
08/10/09 -9- DRAFT
MiNUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
1N THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
AUGUST 10, 2009
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 8:40 p.m.
ROLL CALL
Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Tim Roche,
Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works
Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel,
Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City
Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc.
GARAGE SALE SIGN ORDINANCE REVIEW
Discussion continued on the Garage Sale Sign Ordinance. There was discussion on designating a
specific distance from the curb or road surface; prohibiting the placement of signs between
sidewalk and road; clarifying the definition of "temporary"; and making enforcement guidelines
more consistent.
Mayor Willson stated his position that he may not support an ordinance amendment. He is not
opposed to reviewing a proposed amendment if the following are addressed:
Determination of liability to the City if there were to be an accident due to sight line
issues.
Sign size should include a restriction based on the height being the top level of the sign
(this should not be strictly based on the size of the sign, as the placement of the sign may
be a factor).
Exploration of an honor system whereby individuals posting signs include the date when
the sign is posted to aid staff in the removal of signs.
Exploration of a fine system for signs posted longer than allowed.
Understanding that a more uniform enforcement of the ordinance will require additional
staff time, resulting in an increase in property taxes.
Understanding that an ordinance amendment will result in a change from the Planning
Commission's focus on not allowing signs in thoroughfares and major roads in the City.
It was noted that there is not support by the Council in weakening the current sign ordinance
standards. There was discussion on designating a specific distance from the curb or road surface
through policy implementation guidelines, rather than an ordinance amendment.
08/10/09 -1- DRAFT
The majority consensus of the City Council was to direct staff to provide Council with the
following information: 1) A policy to implement a consistent message across the City
departments on the enforcement of the current sign ordinance; 2) Analysis from the City
Attorney regarding the effect of an ordinance amendment from the current restriction on sign
placement in the right-of-way to a specific 10, 12, or 15 foot distance from the curb or road
surface; and 3) Input on the statement that has been made that 3 feet is a safer distance for sign
placement than the current standard.
ROBBINSDALE SCHOOL DISTRICT ELEMENTARY SCHOOL
Mr. Boganey informed Council that staff is requesting input and direction regarding the
Northport Elementary School site and the School District's concept of a relocation/consolidation
of the Northport Elementary and Lakeview Elementary Schools.
Director of Business and Development Gary Eitel provided background information on the
School District's concept of. a relocation/consolidation of the Northport Elementary and
Lakeview Elementary Schools. He presented Council with staffls analysis and answered
questions on the School District concept. The presentation and discussion included the following
information: 1) current zoning and land use; 2) site features and characteristics; 3) neighborhood
characteristics; 4) economic considerations; 5) facility condition assessment report; and 6) site
ownership and estimated acquisition costs.
There was discussion on the policy questions presented to Council.
The majority consensus of the City Council was as follows on the policy questions:
Is it in the City's interest to pursue a land use that would remove 8+ acres of
commercially zoned property located on an interchange with a principal arterial
roadway from the tax rolls? No
Is it in the City's interest to engage in discussions that would potentially relocate a
neighborhood school into a commercial/industrial area? No
Is it in the City's interest to be a participant in the potential design of a new elementary
school at the Northport Elementary School Site that would include land from the
Northport Park to meet the Development Guidelines established by the Board of
Education? Yes (Councilmember Yelich indicated he is neutral on this position)
What is the appropriate re-use of the Northport Elementary School Site? A school.
(Councilmember Yelich indicated he would like to reserve judgment on this point;
there may be other locations in the City that may be suitable for a school).
Is there a community benefit to having a new elementary school located within the City?
Yes
Mr. Boganey stated staff will draft a letter for Council's review to submit to the School District,
essentially stating the Council consensus that the preferred option would be to see the current
Northport site redeveloped for a new elementary school, and that at this point the Council does
not favor rezoning commercial/industrial land on Highway 100 to a public use. The letter will
also state in general terms that the City is willing to consider proposals for a new elementary
08/10/09 -2- DRAFT
school that would include the potential use of some of the City-owned parkland as part of the
overall redevelopment plan.
ADJOURNMENT
Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan
seconded adjourrunent of the City CounciUEconomic Development Authority Work Session at
10:25 p.m.
Motion passed unanimously.
08/10/09 -3- DRAFT
Cit Council A enda Item No. �b
y g
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Maria Rosenbaum, Deputy City Clerk
DATE: August 18, 2009
SUBJECT: Licenses for Council Approval
Recommendation:
It is recommended that the City Council consider approval of the following list of licenses at its August
24, 2009, meeting.
Background:
The following businesses/persons have applied for City licenses as noted. Each business/person has
fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate
applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with
Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on
the attached rental report.
MECHANICAL
Changing Climates Inc. 4335 Pleasant Ridge Dr, Blaine
Home Comfort Cooling and Heating 8111 151 St Lane NW, Ramsey
Neil Heating and A/C P.O. Box 29292, Minneapolis
Ray Welter Heating 4637 Chicago Avenue S, Minneapolis
Swift Mechanical Inc. 3403 Victoria Street N, Shoreview
RENTAL
See attached report.
SIGN HANGER
S& N Landscaping Inc. 15140 87�' Street NE, Otsego
Rental Licenses for Council Approval on August 24, 2009
InspectorClerkClerkClerkPoliceUtilitiesAssessing
DwellingRenewalUnpaidUnpaid
Property AddressOwnerCalls for Service
Typeor InitialUtilitiesTaxes
904 53rd Ave NSingle FamilyInitialIstoki Sources MekoretNone per 12-911 OrdinanceOKOK
5160 Drew Ave NSingle FamilyInitialChen ZhouNone per 12-911 OrdinanceOKOK
6839 Colfax Ave NSingle FamilyInitialDanny & Stacey AngellNone per 12-911 OrdinanceOKOK
6443 Emerson Ave NSingle FamilyInitialDeepak NathNone per 12-911 OrdinanceOKOK
5740 Logan Ave NSingle FamilyInitialShuang Lin LLCNone per 12-911 OrdinanceOKOK
7224 Noble Ave NSingle FamilyInitialQuoc NguyenNone per 12-911 OrdinanceOKOK
Humboldt Square Apts2 Bldgs
RenewalValley Management Group1 Theft (.06 per unit per 12-913 Ordinance)OKOK
6737-43 Humboldt Ave N18 Units
3706 55th Ave NSingle FamilyRenewalMains'l PropertiesNone per 12-911 OrdinanceOKOK
5307 Howe LaSingle FamilyRenewalJose VillagranoNone per 12-911 OrdinanceOKOK
3812 Janet LaSingle FamilyRenewalMains'l PropertiesNone per 12-911 OrdinanceOKOK
5743 June Ave NSingle FamilyRenewalCharlynn WaughtelNone per 12-911 OrdinanceOKOK
4207 Lakeside Ave #320Single FamilyRenewalHeinz PollingerNone per 12-911 OrdinanceOKOK
5712 Logan Ave NSingle FamilyRenewalDwayne MeierNone per 12-911 OrdinanceOKOK
Ci Council A enda Item No. 6c
�Y g
i
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works
DATE: August 17, 2009
SUBJECT: Resolution Establishing Improvement Project Nos. 2010-01, 02, 03, and 04,
Dupont Area Neighborhood Street, Storm Drainage and Utility Improvements
Recommendation:
Staff recommends that the City Council approve the attached resolution establishing the 2010
Dupont Area Neighborhood Street, Storm Drainage, and Utility Improvements and ordering the
preparation of a project feasibility report.
Background:
In 2010, the City will be entering the 17�` year of its long-range street and utility rehabilitation
program, referred to as the Neighborhood Street and Utility Improvement Program. The
program has consisted of a systematic rehabilitation and/or replacement of the City's aging
infrastructure. This program has included the reconstruction of public streets, replacement of
deteriorating water and sanitary sewer facilities, and the construction of new storm sewer and
drainage facilities. In addition, other neighborhood improvements are often considered as part of
the projects, including park and lighting improvements, landscape improvements, and traffic
control improvement.
In accordance with the City's Capital Improvements Program (CIP), an area referred to as the
Dupont Area Neighborhood has been programmed for improvements in 2010 (see attached map
for specific street locations). At this time, staff requests that the City Council establish this 2010
street and utility improvement project so that investigative engineering work may begin.
The Dupont Area Neighborhood project consists of approximately 2 miles of streets and utilities.
The neighborhood consists of approximately 140 residential properties. The project is expected
to include partial replacement of existing water main, sanitary sewer and storm drainage systems
in the project area.
Typically, in order for a project to be completed within a specified calendar year, preliminary
design must commence almost one year in advance. This includes initiation of the public
notification and participation process that consists of informing affected properiy owners;
conducting field surveys; at least one public informational meeting; and an extensive amount of
Dupont Neighborhood
information and data collection. Initial design also includes detailed technical engineering work,
underground infrastructure inspections and assessments, and soil/geotechnical investigations.
Upon authorization by the City Council, the following actions would take place:
Collect data, includin field surveys, traffic counts, and review of maintenance records.
g
Conduct televised inspections of the sanitary and storm sewers and soiUgeotechnical
investigations.
Conduct an initial public informational meeting in late fall/early winter to present initial
findings to the neighborhood, and to gauge public interest in the improvement project.
Prepare a feasibility report for review by the City Council. The City Council could then
consider setting a date in approximately February for a project hearing.
To date, the City has completed 64 miles of local street and utility reconstruction since initiating
the Neighborhood Improvement Program. This represents approximately 61 percent of the total
local roadways within Brooklyn Center.
Budget Issues:
The Dupont Area Neighborhood Street and Utility Improvement project is identified in the
City's Capital Improvement Program with a preliminary project cost estimate of $3,367,000. The
estimated cost for preliminary field work and preparation of a project feasibility report is
$35,004.
Dupont Neighborhood
Member introduced the following resolution and moved its
adoption:
L T N
RESO U ION O
RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2010-01, 02, 03,
AND 04, DUPONT AREA NEIGHBORHOOD STREET, STORM DRAINAGE AND
UTILITY IMPROVEMENTS
WHEREAS, the City's Capital Improvements Program identifies specific streets for
proposed infrastructure improvements in 2010; and
WHEREAS, the City Council has reviewed the scope of proposed improvements for
2010 in the Dupont Area Neighborhood; and
WHEREAS, the City Council desires to begin the process of information gathering
and licitation of ublic comments.
so
P
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. Improvement ProjectNos. 2010-01, 02, 03, and 04, Dupont AreaNeighborhood
Street, Storm Drainage and Utility Improvements are hereby established.
2. Staff is directed to begin field work, contact property owners in the
neighborhood to obtain comments and input, and hold public informational
meetings for property owners in the neighborhood where improvements are
proposed.
3. The City Engineer shall prepare a project feasibility report for review by the City
Council in approximately February 2010.
4. Estimated project costs for preliminary field work, geotechnical investigations,
and sewer televising costs are as follows:
COST AMOUNT
Televising 15,000
Field Survey 5,000
GeotechnicaUDrainage Investigation 15.000
Estimated Costs Total 35,000
REVENUES AMOUNT
Sanitary Sewer Utility Fund 3,100
Water Utility Fund 3,100
Storm Sewer Utility Fund 14,400
MSA 14.400
Estimated Revenues Total 35,000
RESOLUTION NO.
Au�ust 24. 2009
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and u on vote bein taken thereon the followin voted in favor thereof
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and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
2010 DUPONT AVENUE PROJECT AREA
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Cit Council A enda Item No. 6d
y g
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works
DATE: August 17, 2009
SUBJECT: Resolution Establishing Irnprovement Project Nos. 2010-05, 06, 07, and 08, Twin
Lake North Area Neighborhood Street, Storm Drainage and Utility Improvements
Recommendation:
Staff recommends that the City Council approve the attached resolution establishing the 2010
Twin Lake North Area Neighborhood Street, Storm Drainage, and Utility Improvements and
ordering the preparation of a project feasibility report.
Background:
In 2010, the City will be entering the 17`� year of its long-range street and utility rehabilitation
program, referred to as the Neighborhood Street and Utility Improvement Program. The
program has consisted of a systematic rehabilitation and/or replacement of the City's aging
infrastructure. This program has included the reconstruction of public streets, replacement of
deteriorating water and sanitary sewer facilities, and the construction of new storm sewer and
drainage facilities. In addition, other neighborhood improvements are often considered as part of
the projects, including park and lighting improvements, landscape improvements, and traffic
control improvement.
In accordanee with the City's Capital Improvements Program (CIP), an area referred to as the
Twin Lake North Area Neighborhood has been programmed for improvements in 2010 (see
attached map for specific street locations). Additionally, the Lakeside and Vincent
Neighborhoods are being included in this area for the 2010 project. At this time, staff requests
that the City Council establish this 2010 street and utility improvement project so that
investigative engineering work may begin.
The Twin Lake North Area Neighborhood project consists of approximately 3 miles of streets
and utilities. The neighborhood consists of approximately 224 residential properties. The
project is expected to include partial replacement of existing water main, sanitary sewer and
storm drainage systems in the project area.
Typically, in order for a project to be completed within a specified calendar year, preliminary
design must commence almost one year in advance. This includes initiation of the public
Twin Lake North Neighborhood
notification and participation process that consists of informing affected property owners;
conducting field surveys; at least one public informational meeting; and an extensive amount of
information and data collection. Initial design also includes detailed technical engineering work,
underground infrastructure inspections and assessments, and soillgeotechnical investigations.
Upon authorization by the City Council, the following actions would take place:
Collect data, including field surveys, traffic counts, and review of maintenance records.
Conduct televised inspections of the sanitary and storm sewers and soil/geotechnical
investigations.
Conduct an initial public informational meeting in late fall/early winter to present initial
findings to the neighborhood, and to gauge public interest in the improvement project.
Prepare a feasibility report for review by the City Council. The City Council could then
consider setting a date in approximately February for a project hearing.
To date, the City has completed 64 miles of local street and utility reconstruction since initiating
the Neighborhood Improvement Program. This represents approximately 61 percent of the total
local roadways within Brooklyn Center.
Budget Issues:
The Twin Lake North Area Neighborhood Street and Utility Improvement project is identified in
the City's Capital Improvement Program with a preliminary project cost estimate of $5,737,000.
The estimated cost for preliminary field work and preparation of a project feasibility report is
$50,000.
Twin Lake North Neighborhood
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2010-05, 06, 07,
AND 08, TWIN LAKE AREA NEIGHBORHOOD STREET, STORM I�RAINAGE
AND UTILITY IMPROVEMENTS
WHEREAS, the City's Capital Improvements Program identifies specific streets for
proposed infrastructure improvements in 2010; and
WHEREAS, the City Council has reviewed the scope of proposed improvements for
2010 in the Twin Lake Area Neighborhood; and
WHEREAS, the City Council desires to begin the process of information gathering
and solicitation of public comments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. Improvement Project Nos. 2010-05, 06, 07, and 08, 2010 Twin Lake Area
Neighborhood Street, Storm Drainage and Utility Improvements are hereby
established.
2. Staff is directed to begin field work, contact property owners in the
neighborhood to obtain comments and input, and hold public informational
meetings for property owners in the neighborhood where improvements are
proposed.
3. The City Engineer shall prepare a project feasibility report for review by the City
Council in approximately February 2010.
4: Estimated ro'ect costs for relimin field work eotechnical investi ations,
P J P
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and sewer televising costs are as follows:
COST AMOUNT
Televisin 20,000
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Field Survey 15,000
Geotechnical/Drainage Investigation 15,000
Estimated Total 50,000
REVENUES AMOUNT
Sanitary Sewer Utility Fund 8,500
Water Utility Fund 8,500
Storm Sewer Utility Fund 15,500
Street Reconstruction Fund 17,500
Estimated Revenues Total 50,000
RESOLUTION NO.
Au�ust 24, 2009
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.
2010 TWIN LAKE NORTH PROJECT AREA
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City Council Agenda Item No. 6e
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Vickie Schleuning �A� istant City Manager/Director of Building Coxnmunity
Standards
DATE: August 24, 2009
SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees
Recommendation:
It is recommended that the City Council declaze a public nuisance and order the removal of
diseased trees for certain properties as listed in the resolution.
Background:
The attached resolution represents the official Council action required to expedite removal of
diseased trees that were recently marked by the city tree inspector. The City of Brooklyn Center
has maintained a policy of removing and properly disposing diseased trees in order to prevent
tree diseases from spreading throughout the community. The removal of diseased trees is
defined in City Ordinance Chapter 20-301to 20-306. Although the city has historically focused
on Dutch Elm disease, other transmissible diseases and infestations would be addressed as we1L
Property owners are given the opportunity to remove the diseased tree on their own or enter an
agreement to allow the city to remove the diseased tree. Where an agreement with the property
owner is executed, a minimal administrative charge of $50 is applied to the costs associated with
the tree removal.
After a diseased tree is declazed a public nuisance by the City Council, another Compliance
Notice will be provided to the property owner allowing additional tixne for voluntary correction,
again providing an option for an agreement with the City. If the property owner does not correct
the violation or enter an agreement, the city will remove the diseased tree. An administrative
abatement service chazge will be chazged based on the cost of the abatement, with a minimu.m
charge of $150.
Budget Issues:
The City's share of the cost of removal for diseased trees within the public right-of-way and on
City property is included in the 2009 budget under the Public Works Forestry operating budget.
The cost of removal for diseased trees located on private property is the responsibility of the
respective property owner, and if unpaid, is specially assessed to the property.
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN
BROOKLYN CENTER, MINNESOTA
WHEREAS, Brooklyn Center City Code Section 20-301 declares any diseased tree
a public nuisance and provides for abatement by the City if not corrected by the property owner;
and
WHEREAS, removal of diseased trees and abatement of the public nuisances is
necessary to prevent the spread of tree diseases and to protect the environmental quality and
desirability of neighborhoods; and
WHEREAS, a Notice to Abate Nuisance and a 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 lrees 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.
Property Owner Property Address Tree Type and No.
Mathias Bingaman 2006 55�' Ave N Elm (61)
David M Thorpe 3631 Violet Ave N Elm (62)
Benjamin D Ward 4928 Abbott Ave N Elm (63)
Citimortgage Inc 4201 Janet Lane Elm (65)
Lori A Reid 6331 Colfa�c Ave N Elm (66)
Yesenia Tejado Argueta 3018 65�' Ave N Elm (67)
National City Bank 3219 Lawrence Road Elm (68)
Mixay Phommasouvanh 4019 62 Ave N Elm (69)
David R Glauvitz 3300 Quarles Road Elm (70)
2. After twenty (20) days from the date of the initial notice, the property 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 shall be filed with the City Clerk.
3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall
be removed by the City. The cost of abatement shall be recorded and become the
personal responsibility of the owner of record. If unpaid, the costs shall be
specially assessed to the property in accordance with city codes and Minnesota
Statutes Chapter 429.
Aueust 24, 2009
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 A enda Item No. 6f
g
COUNCIL ITEM MEMORANDUM
TO: Curt Bo ane Cit Mana er
g Y, Y g
FROM: Sharon Knutson, City Clerk �'��4VUVr�.�
DATE: August 18, 2009
SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by St.
Alphonsus Catholic School, 7031 Halifax Avenue North, for an Event to be Held
October 3, 2009
Recommendation:
It is recommended that the Cit Council consider a roval of the a lication and ermit for
Y Pp PP P
temporary on-sale liquor license submitted by St. Alphonsus Catholic School, 7031 Halifax
Avenue North, for an event to be held October 3, 2009.
Back round:
g
St. Alphonsus Catholic School, 7031 Halifax Avenue North, has submitted an application and
permit for temporary on-sale liquor license for an event to be held October 3, 2009.
The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the
license, along with a certificate of coverage for liquor liability insurance, and has existed as a
religious organization for at least three years. After Council review, the application and permit
will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling
Enforcement Division for approval.
Citv Ordinance Section 11-107 f6)
Temporary On-Sale Intoxicating Liquor License. This license may be issued only
upon receiving the approval from the Commissioner of Public Safety. The license may
be issued only in connection with a social event within the city that is sponsored by a
club or charitable, religious, or other nonprofit organization that has existed for at least
three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a
year. The license may authorize the sale of intoxicating liquor to be consumed on the
Premises for not more than three consecutive days, and the City shall issue no more than
twelve days' worth of temporary licenses to any one organization or for any one location
within a 12-month period. The temporary license may authorize the sale of intoxicating
liquor to be consumed on Premises other than Premises the licensee owns or permanently
occupies. The temporary license may provide that the licensee may contract for
intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor
License issued by any municipality.
Budget Issues:
There are no budget issues to consider.
o� P„
e.�
Minnesota Department of Public Safety
ALCOHOL AND GAMBLING ENFORCEMENT DNISION
444 Cedar Street Suite 133, St. Paul MN 55101-5133
kOF (651) 201-7507 Fax (651) 297-5259 TTI' (651) 282-6555
Y.
W W W.DPS.STATE.MN.US
APPLICATION AND PERMIT
FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE
TYPE OR PRINT INFORMATION
NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER
ST. ALPHONSUS CATHOLIC SCHOOL 1959 ES 32045
STREET ADDRESS CITY STATE ZIP CODE
7031 HAL'.IFAX AVE NO BROOKLYN CENTER MN 55429
NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE
Ma�chel l e Karl son 7�3
DATES LIQUOR WILL BE SOLD 10/ 3/ 2009 TYPF. OF ORGANIZATI
r! �R C in[ JS lnT�[FR NONPROFIT
ORGANIZATION OFFICER'S NAME ADDRESS
Fr. Patrick J. Grile, C.Ss.R. 7025 Halifax Ave No
Rrooklyn Center MN 55429
ORGANIZATION OFFICER'S NAME ADDRESS
ORGANIZATION OFFICER'S NAME ADDRESS
Location license will be used. If an outdoor area, describe SCh001 gym
Will thna�pp]icant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service.
Will �eappli�t r �0�1�C���U�Ud�` ��2� 1 �p����e� provide the carrier's name and amount of coverage.
L �5���
APROVAL
r�?PLICA i ION MZ35T BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL GAMBLING
ENFORCEMENT
CITY/ OUNTY�('�jp�Gl�Yl�'�}�' DATE APPROVED
CITY FEE AMOUNT 2-' LICENSE DATES
DATE FEE PAID Q� fj C�q
SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT
NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address
above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event
PS-09079 (OS/06)
Certificate of Coverage D
Certificate Holder This Certificate is issued as a matter of information only and
Archdiocese of St. Paul-Minneapolis confers no rights upon the holder of this certificate. This certificate
Chancery Office does not amend, extend or alter the coverage afforded below.
226 Summit Avenue
St. Paul, I��IN 55102 Company Affording Coverage
TI-IE CATHOLIC MUTUAL RELIEF
SOCIETY OF AMERICA
Covered Location 10843 OLD MILL RD
St. Alphonsus Catholic School OMAHA, NE 68154
7031 Halifax Avenue North
Brooklyn Center, MN 55429
Coverages
This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate
indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this
certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and
conditions of such coverage. Limits shown may have been reduced by paid claims.
Type of Coverage Certificate Number Coverage Effective Coverage Expiration Limits
Date Date
Property I
Real Personal Property I
I
General Liability General Aggregate I
Products-Comp/OP Agg I
Occurrence Personal Adv Injury I
8589 7/1/2009 7/1/2010 Each Occurrence 500,000
Claims Made
Fire Damage (Any one fire)
Med Exp (Any one person)
Excess Liability I
8589 7/1/2009 7/1/2010 (Eac6occurrence �500,000
Other I
Each Occurrence I
I
Description of Operations/LocationsNehicles/Special Items
Coverage is verified with regard to the Covered Location's All School Reunion, to be held on school grounds, October 3, 2009.
Includes Liquor Liability
Holder of Certifcate Cancellation
Should any of the above described coverages be cancelled
City of Brooklyn Center before the expirat30 date thereof, the issuing company will
6301 Shingle Creek Parkway endeavor to mail days written notice to the holder of
Brooklyn Center, MN 55430 certificate named to the left, but failure to mail such notice shall
impose no obligation or liability of any kind upon the company,
its agents or representatives.
Authorized Representative �,f
r�
011 1004561
l j
Cit Council A enda Item No. 6g
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COUNCIL ITEM MEMORANDUM
To: Curt Boganey, City Manager
From: Scott Bechthold, Chief of Police
Date: August 19, 2009
Subject: COPS Hiring Recovery Program (CHRP) Grant Acceptance
Recommendation:
It is recommended that the City Council accept the awarding of the COPS Hiring Recovery
Program (CHRP) Grant from the United States Department of Justice for proposed use
towards the hiring of a Juvenile O�cer.
Background:
The COPS Hiring Recovery Program (CHRP) Grant is a competitive national grant that
provides funding directly to law enforcement agencies to create and preserve jobs and to
increase their community policing capacity and crime-prevention efforts. Our department
applied for and was selected to receive funds covering three years' wages and benefits for a
newly created position of full-time Juvenile Officer.
Budget Issues:
The total grant amount is $244,013. It is intended that the City meet the requirement of
retaining the Juvenile Officer for at least another year of employment after the initial three
years funded by the COPS CHRP grant; with a high-end estimated cost of $101,139. New
account codes will need to be created in order to ensure transparency and accountability of
grant funds.
Attachments:
Resolution draft.
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ACCEPTANCE AND PROPOSED USE
OF THE COPS HIRING RECOVERY PROGRAM GRANT
WHEREAS, the City of Brooklyn Center has received a Community Oriented
Policing Hiring Recovery Program Grant in the sum of $244,013 during the period from July 1,
2009 through June 30, 2012; and
WHEREAS, it has been proposed that the City hire one juvenile officer and use
the grant to fund the officer wages and benefits for 36 months; and
II
WHEREAS, the City will retain the juvenile officer position for at least one year
after the initial three years, and be responsible for related expenses of the position; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City Manager and Police Chief be and hereby is authorized to accept
and implement the proposed COPS Hiring Recovery Program Grant.
Au�ust 24, 2009
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.
Cit Council A enda Item No. 6h
3� g
i
COUNCIL ITEM MEMORANDUM
To: Curt Boganey, City Manager
From: Scott Bechthold, Chief of Police
Date: August 19, 2009
Subject: Auto Theft Prevention Grant Acceptance
Recommendation:
It is recommended that the City Council accept the awarding of the Auto Theft Prevention
Grant from the Office of Justice Programs for proposed use towards an Auto Theft
Prevention Officer and related expenses.
Background:
The Office of Justice Programs awarded the City of Brooklyn Center Police Department with
the Auto Theft Prevention Grant in the amount of $154,538. The Auto Theft Prevention
program supports the efforts of law enforcement, prosecutors, and non-profit organizations
for the goal of reducing the incidence of auto theft in Minnesota. The grant will fund one
full-time officer for two years (July l, 2009 through June 30, 2011) to investigate and
prevent automobile thefts.
Budget Issues:
The total grant amount is $154,538. New account codes will need to be created in order to
ensure transparency and accountability of grant funds. There is no required commitment
after the two-year grant period.
Attachments:
Resolution draft.
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING PROPOSED USE OF AUTO THEFT
PREVENTION GRANT
WHEREAS, the City of Brooklyn Center has received an Auto Theft Prevention
Grant in the sum of $154,538 for the period of July 1, 2009 through June 30, 2011; and
WHEREAS, it has been proposed that the City would use grant funds to hire a
police officer to dedicate the performance of eligible auto theft prevention activities, along with
other supplies and materials used in an auto theft prevention campaign; and
WHEREAS, the City wishes to maximize the effectiveness of the use of these
grant funds; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City Manager be and hereby is authorized as part of the previously
authorized staffing authorization for police officers, to accept and implement the proposed auto
theft prevention grant.
Au�ust 24, 2009
Date Mayar
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.
Ci Council A enda Item No. 9a
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COUNCIL ITEM MEMORANDUM
DATE: August 19, 2009
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business and Development
SUBJECT: Background information on the 694 and Hwy 100 Redevelopment Site and events
that have lead to the development of the FBPs Regional Field Office in Brooklyn
Ceriter.
The 694 and Hwy 100 Redevelopment Site, a 13.4 acre site was assembled by the EDA in 2006
2007 to maximize the redevelopment opportunities that this high profile site could bring to the
City of Brooklyn Center.
The following is a chronological listing of the events and activities that followed:
On April 16, 2007 and May 21, 2007, the City CounciUEDA held land use workshops with
Damon Farber Associates to review alternate redevelopment opportunities of commercial,
industrial and corporate office projects. The consultant discussed expectations of the site and
explained that a corporate office use could have an average taxable value of $17M and that an
office/showroom use could have an average ta�cable value of $7.4 M.
On June 11, 2007, the City Council/EDA met to discuss a preferred redevelopment alternative.
The consensus of CounciUEDA was to pursue a corporate office using a Master Developer
Agreement with the acknowledgement that the City should be prepared to offer all or a portion of
the land as a subsidy for the right development.
During this same period, the City became aware that the GSA was involved in a search for a
Class A office site that could facilitate the future development of a 140,000 sq. ft. office
building, a 20,000 sq. ft. accessory structure/motor pool and a 200 stall structural parking lot.
Recognizing that this type of development was consistent with the redevelopment objectives of
the EDA; the City began discussions with the GSA on including this site as a candidate site in
their competitive selection process.
On August 20, 2007, the City received notice that the GSA was interested in securing an option
on the site and commencing with their Second Phase of the process (the selection of a qualified
development team that will design, construct and own the facility under a long term lease with
the GSA).
In September 2007, the GSA undertook a Phase One Environmental Review of the northern 8+
acres of this redevelopment site. This review discovered concerns with a 2003 fuel tank leak
report associated with the removal of a fuel oil tank previously used at the motel site and the
alignment of a municipal water trunk line which crossed the site and bisected the Olive Garden
site.
October 2007 February 2008, city staff and our environmental and legal consultants worked to
resolve the environmental issue, the relocation of the water trunk line, a development agreement
and option agreement which would meet the needs of both the City/EDA and GSA.
On February 25, 2008, the EDA moved to adopt Resolution No. 2008-02, which authorized the
execution of an assignable option purchase agreement with the General Service Administration
GSA for a arcel of land n
p ot to exceed 8.57 acres in area that included the following properties:
Tract A, RLS No. 1477 (the former Days Inn Site) and the northern portion of Lot 2, Block 1
Richardson Park 2 Addition (the former Cracker Barrel Site).
i
On March 19, 2008, the option agreement was executed for a 15 month period.
In September, 2008, the EDA proceeded with a voluntary action to remove the fuel oil stained
soils in the vicinity of the former underground tank.
On January 26, 2009, the City Council accepted the Planning Commission recommendation and
moved to grant preliminary plat approval to Richardson 3 Addition, which would create the
8.57 acre lot for the FBI r'
p o�ect and a 5 acre lot for future development.
On Apri127, 2009, the City Council awarded a contract for the relocation of the water trunk line
as part of the Richardson 3 Addition and creation of the FBI lot.
On Apri130, 2009, the GSA publicly announced that Barry Real Estate Company had been
selected to be the developer for the design, build, and leasing of the FBI Regional Field Office.
On May 20, 2009 a pre-application meeting with the developer's architect, engineer, and general
contractor identified site construction (footings and foundation work) to commence in October,
2009 with a project completion date schedule for the of Spring, 201 l.
On June 8, 2009, the EDA approved an extension to the option agreement from June 15�' to
September 30 The agreement acknowledged the assignment from the GSA to Barry Real
Estate Company.
On August 10, 2009, the City Council adopted Resolution No. 2009-99 granting final plat
approval to Richardson 3 Addition and scheduled a public hearing to vacate the necessary
easements to facilitate the replatting of these 3 lots.
On August 13, 2009, the Planning Commission moved to recommend site plan approval for the
Barry Real Estate Application to construct a 145,317 sq.ft. class A office building, a 28,255 sq.ft.
annex building, and a three story covered parking ramp with the necessary security measures to
facilitate this FBI Regional Field Office.
The following additional items/actions are pending and will either be completed by the
City/EDA or coordinated with the developer:
Site Plan Reviews by MnDOT and the Watershed.
Formal vacation of the previous-platted easements
Final Plat review by Hennepin County and EDA execution recording
Execution of the Option Agreement, Development Agreement, and Conveyance of title.
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Ronald A. Warren, Plannmg and Zomng Speciahst
DATE: August 17, 2009
SUBJECT: Planning Commission Application No. 2009-004
Recommendation:
It is recommended that the City Council, following consideration of this matter, approve the
application subject to the conditions recommended by the Planning Commission.
Background:
On the August 24, 2009 City Council Agenda is Planning Commission Application No. 2009-
004 submitted by Barry Minneapolis, LLC requesting Site and Building Plan approval for a
145,317 sq. ft. office building, a 28,255 sq. ft. annex building and a three story covered parking
facility on an 8.57 acre site at the southwest quadrant of Freeway Boulevard and Humboldt
Avenue North. This matter was considered by the Planning Commission at their August 13,
2009 meeting and was recommended for approval.
Attached for your review are copies of the Planning Commission Information Sheet for Planning
Commission Application No. 2009-004 and also an area map showing the location of the
property under consideration, various site and building plans for the proposed development, the
Planning Commission minutes relating to the Commission's consideration of this matter and
other supporting documents.
Budget Issues: There are no budget issues.
Application Filed on 7-30-09
City Council Action Should Be
Taken By 9-28-09 (60 Days)
Planning Commission Information Sheet
Application No. 2009-004
Applicant: Jim Irwin on Behalf of Barry Minneapolis, LLC
Location: Southwest Quadrant of Freeway Boulevard and Humboldt Avenue North
Request: Site and Builidng Plan Approval
The applicant, Jim Irwin on behalf of Barry Minneapolis, LLC, is seeking site and building plan
approval for a 145,317 sq. ft. office building, a 28,255 sq. ft. annex building and a three story
enclosed parking facility on an 8.57 acre site located at the southwest comer of Freeway
Boulevard and Humboldt Avenue North to be known as the Minneapolis Professional Office
Building. The property in question is zoned G2 (Commerce) which allows multi-story office
buildings and accessory uses as permitted uses in this zoning district. The subject site is
surrounded on the north by Freeway Boulevard with I-1, R-5 and G2 zoned property on the
opposite side of the street; on the east by Humboldt Avenue and T.H. 100 overpass; on the south
by vacant C-2 zoned property and I-94 right-of-way; and on the west by the north/south leg of
James Circle with other C-2 zoned property on the opposite side of the street.
This 8.57 acre parcel is being created by the replatting of the former Days Inn, Cracker Barrell
Restaurant and the Olive Garden Restaurant properties which were acquired by the City of
Brooklyn Center Economic Development Authority in 2006 and 2007. The preliminary plat
(Planning Commission Application No. 2009-001) proposed to create two lots out of these three
properties and was approved by the City Council on January 26, 2009 following public hearing
and recommendation by the Planning Commission. The final plat is yet to be approved by the
City Council and filed with Hennepin County but will need to be prior to the issuance of building
permits for this project. A slight modification of the property lines between the preliminary and
final plats will be made to accomplish the lot configuration for this development.
As mentioned, the Economic Development Authority acquired and cleared the properties in 2006
and 2007 in hopes of attracting a corporate office or major office development. The City and the
Government Services Administration (GSA), the procurement arm of the federal government,
have worked out an a reement for the land and the develo ment of th r sed multi-sto
e o 0
g P P P rY
office and accessory buildings planned under this application for use as an FBI field office
facility. The site and building plan comprehends a unique facility with many security and safety
measures designed speci�cally for its use by the FBI that are not common to other office
developments. Some of these unique features include a 100 ft. stand-off distance building
setback around the entire perimeter of the property; an 8 ft. high anti-climb, anti-ram fence
surrounding the site; security guard booths at entrances to controlled access points along with
8-13-09
Page 1
moveable gates and barriers; and a vehicle inspection area for delivery vehicles prior to entering
the main portion of the site.
ACCESS/PARKING
Access to the site is to be gained from two points. The Primary Site Entrance (PSE) will be from
Freeway Boulevard at the northwesterly part of the site and controlled by a Visitor Screening
Facility (VSF) including a guard house and various detectors, rolling/swinging gates, wedge
barriers and traffic arm barriers. The Secondary Site Entrance (SSE) is off James Circle at the
southwesterly corner of the site containing a guard booth and the same type of security/safety
features as the primary entrance. Also a vehicle inspection area outside the compound but on the
property is located in the same area. This is the point where large delivery and other large
vehicles will access the site.
A visitor parking lot will be located along Freeway Boulevard adjacent to, and east of, the visitor
screening facility and the primary site entrance. This parking facility is separated from the main
portion of the site containing the compound buildings by an 8 ft. high ornamental steel crash
rated anti-ram/anti-climb protective fence that surrounds the perimeter of the site. There are 20
visitor parking spaces in this separate lot. The lot itself is setback approximately 7'/2 ft. from the
property line/street right-of-way line which is less than the 15 ft. green strip/parking setback
required by Section 35-412, Subdivision 4 of the City's Zoning Ordinance (the subject of the
variance request contained in the companion Application No. 2009-005).
On-site parking will be provided primarily in a three story enclosed parking structure within the
secure compound area which will accommodate 300 parking spaces. Twenty-seven spaces are
shown east of the annex building which houses agency vehicles, warehousing and storage, along
with vehicle service and maintenance. There is some office space in this annex building
associated with these functions. These spaces along with the 20 visitor spaces provide for 347
parking spaces, which are sufficient for the FBI's needs. The City's parking requirement based
on the ordinance parking formula requires 694 total pazking spaces utilizing the office parking
I formula for a building between 20,000 sq. ft. and 220,OOQ sq. ft. (144, 317 sq. ft.), 553 spaces,
and the annex building (28,255 sq. ft.), 141 spaces. The applicant has provided as part of their
plan submission a proof of parking plan indicating the ability to provide the required 694 parking
spaces if the FBI were to abandon the use of this building and a general of�ce use were to utilize
the site. It should be noted, that the proof of parking plan eliminates the separated visitor
I parking space and the security/safety features and provides then the required 15 ft. green
strip/parking setback.
The plan they provide meets their parking needs and the proof of parking plan satisfies the city
ordinance re uirements and therefore is acce table rovided a formal roof of arkin
q P P P P g
a reement is executed between the cit and the ro ert owner and is filed with the title to the
g Y P P Y
ro ert This should be a con 'ti f ended a roval of this a lication.
di on o the recomm
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8-13-09
Page 2
As mentioned previously, the structures to be located on this site will all be located within a
security fenced area located around the perimeter of the property. The office buildin.g, which is
to be a five story building, will be located to the north of the site and attached to the three story
covered or enclosed parking structure. Access to the parking structure is gained from the south
side of the building and at the northwest corner of the building. The annex building will be
located parallel to the Humboldt/T. H. 100 oveipass easterly of the other two structures. A
parking facility will be located on the east side of this annex building with overhead doors to
allow vehicle access to the building. As mentioned, it will provide a service and maintenance
area along with parking for their vehicles. The annex building is attached to the office building
by a covered walkway. A circular fire truck turn azound drive is located to the north of the annex
building. A loading and receiving dock is located between the parking structure and the office
building and a suspect drop off drive and entrance is along the west side of the office building on
ground level.
GRADING/DRAINAGE/UTII,ITIES
The applicant has submitted preliminazy grading, drainage, utility and erosion control plans
which have been reviewed by the Engineering Department. Written comments from the
department are provided and will be attached as part of the record for this application. Driving
and parking areas will be bound by B-612 curb and gutter throughout the site. A city water main
is located along the southerly boundary of the old Days Inn site which will be relocated along the
south property line for the newly configured site. This matter was noted during the preliminary
plat review for the properties and a new drainage and utility easement will need to be provided
for the location of the relocated water main. The site is served by sanitary sewer, water and
storm sewer which are located in right-of-way areas and utility easements around the site. An
infiltration area will be located at the northeast corner of the property with this site draining
primarily to the underground infiltration pond located adjacent to the Regal Theater and to an
existing ponding area to the south and west of the site designed to handle drainage for a number
of properties within the area.
This site is over the threshold for requiring Watershed Management Commission review and
approval which will be required to be obtained prior to the issuance of building pemuts for the
project.
A traffic impact study has been undertaken for this site development. Although there will be a
reduction in trips generated from the site on a daily basis, there will be an increase in peak hour
trips which will cause some issues at the Shingle Creek Parkway/Freeway Boulevard intersection
as well as at three side streets along Freeway Boulevazd between Shingle Creek Parkway and
Dupont Avenue. This most likely will require "optimizing the signal systems" in the area. A
copy of the GSA Site Redevelopment Traffic Study is available should the Commission
members have an interest.
8-13-09
Page 3
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system utilized
by the Planning Commission to evaluate such plans. This 8.57 acre site requires a total of 725.6
landscape points. They are credited with providing 846.44 landscape points based on the
distribution system contained within the point system policy. They do, however, provide a total
of 1,6471andscape points based on the total landscape package being provided with this plan
submittal. This obviously exceeds the minimum required points and appears to be a well
landscaped site. Boulevard trees are to be provided within the public right of way area along
Freeway Boulevard, which are indicated on the plan to be Sienna Glen Maple trees. Other shade
or deciduous trees to be provided include eight Ironwood trees, six Swamp White Oak, seven
Bur Oak, fifteen Boulevard American Basswood and four Green Spire Linden trees distributed
around the site in various different areas. Coniferous trees include 41 Eastern Red Cedar, eleven
American Larch and 26 Techny Arborvitae again disbursed throughout the site in various
locations. Ornamental trees include one Autumn Brilliance Service Berry and seven Crusader
Hawthorne. Shrubs including Gray Dogwood, Dwarf Bush Honeysuckle, Gro-Low Fragrant
Sumac, Tiger Eye Sumac and Taunton Yew are also provided for in the landscape plan.
Underground irrigation is required in all landscaped areas and various stone surfacing features
are provided throughout the site. A court yard area, for instance, is located in a somewhat
triangular area between the office building, parking structure and annex building for employee
utilization.
All in all the landscaping provided well exceeds the point system utilized for evaluating
landscape plans and appears to be an appropriate decorative feature for this complex.
BUII.DINGS
The applicant has submitted building elevations for the �ve story office building, the three story
parking structure and the annex building. The main office building exterior will be comprised of
limestone, an architectural precast material, recessed tinted glass, with metal shade structures and
an aesthetic panel wrap. The limestone will be the prominent feature of the building facade. The
parking garage will be constructed from two shades of architectural precast to match the office
building with architectural louvers. The annex building will be constructed from similar
materials and colors as the parking deck. Screen walls of the same materials are provided for the
office and annex buildings to screen roof-top mechanical equipment.
As mentioned, the pazking structure will be a three story enclosed building that will be required
to have a fire sprinkling system and the annex building will be an approximately 20 ft. high bay
facility for again servicing vehicles with some associated office area.
The applicant will provide colored renderings at the Planning Commission meeting for review.
LIGHTING/TRASH
The applicant has also submitted a lighting and photometric plan indicating the proposed
8-13-09
Page 4
location on the site for various lights and the foot candles associated with the lighting at the
perimeter area. The foot candles do not exceed what is authorized under Section 35-712 of the
city ordinance. They utilize a variety of freestanding lights both single head and dual head on
poles that are 25 ft. in height. They also make use of wall mounted lights, flood lights and in
ground up lights at various locations on the site. Security is an obvious concern and areas will be
well lit for this purpose. The schedule of lighting indicates that lights will be full cut off. Our
ordinance requires that all fixtures be shielded and light directed on the site in such a manner as
to avoid glare to abutting properties. The plan seems to comply with our light standards.
No trash enclosure area is shown on the site and it is assumed that trash will be contained within
the building and picked up by vehicles entering the site at the secure secondary site entrance.
RECONIlV�NDATION
We believe the plans are in order and approval is recommended subject to the following
conditions:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage, utility and erosion control plans are subject to review and approval
by the City Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits
to assure the completion of all site improvements.
4. Any outside trash disposal facilities and roof top or on ground mechanical equipment
shall be appropriately screened from view.
5. The buildings are to be equipped with an automatic fire extinguishing systems to meet
NFPA standards and connected to a central monitoring device in accordance with
Chapter 5 of the city ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to facilitate
site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city
ordinances.
8. B-612 curb and gutter shall be provided around all pazking and driving areas.
9. The applicant shall submit an as built survey of the property, improvements and utility
service lines prior to release of the performance guazantee.
8-13-09
Page 5
10. All work performed and materials used for construction of utilities shall conform to the
City of Brooklyn Center cunent Standard Specifications and Details.
11. Appropriate erosion and sediment control devices shall be provided on site during
construction as a roved b the Cit 's En ineerin De artment and a licant shall
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obtain an NPDES construction site erosion pernut from the Minnesota Pollution
Control Agency prior to disturbing the site.
12. The final plat comprehended under Planning Commission Application No. 2009-001
shall be given final approval by the City Council and filed with Hennepin County prior
to the issuance of building permits for this project.
13. Plan approval is contingent upon the granting of the variance from the green
stnp/parlung setback requirements comprehended under Planning Commission
Application No. 2009-005.
14. The owner of the property shall enter into an easement and agreement for maintenance
and inspection of utility and storm drainage systems prior to the issuance of permits.
15. Storm water drainage systems shall be approved by the West Mississippi Watershed
Management Commission prior to the issuance of pemuts.
16. The owner of the property shall enter a proof of parking agreement to provide up to 694
parking spaces on the site upon a deternunation by the City, to be constructed within
one year following notification that such parking is needed.
8-13-09
i Page 6
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Ron Warren
rom: Bruce Johnson
ent: Tuesday, August 11, 2009 8:06 AM
o: Ron Warren; Gary Eitel
Subject: Gsa Site
Ron,
The following are preliminary concept plan review comments. A complete plan review will be performed and comments
provided when the plans are submitted for review. The second submittal was basically the same so all previous
comments stand, I have included two additional comments highlighted in yellow.
P{an comments:
Existing certified survey of site required.
Removal pfan required for all items to be removed (e.g. pavement, underground utilities, trees, curb and
gutter, etc.)
All Hyds will have BC Threads (e.g. Mpls threads).
Long hydrant lead by Annex may cause water quality issues ,consider looping main.
Place temporary rock construction entrances at all access points.
Show and place silt fence and/or bioroll around entire perimeter.
SWPPP is not adequate pertaining to temporary sediment/erosion control. Plan must implement temporary
on-site sedimentation basins or equivalent for all site runoff prior to discharging into public storm sewer
system.
Use Mn/Dot standard plates for erosion control.
Show distance from property line to back of curb on south and west line where close.
Remove and replace sidewalk panels that are not in compliance or cause safety issues
Verify if a wall be required between the curb and the city pond offJames Circle. Update grading plans to
accurately show the proposed grading in this area.
Grading exceeds property limits on south and southwest corner. Revise grading to limit grading within the
site or you must receive temporary easement from City.
Need existing contours an east side of project to the edge of the roadway at a minimum (must be
surveyed). Proposed grading contours must tie into the existing contours.
Proposed and existing grading contours are difficult to foilow pertaining to tie-ins along the northjnortheast
of the site along Freeway Blvd. Revise and make clearer.
66-12 curb and gutter required on the entire site.
Move catch basins that fall in pedestrian curb ramps and access points (e.g. on east side of southeast drive
location).
Pedestrian curb ramps must fo{low Mn/DOT standard piate. Truncated domes shall only be instalied where
pedestrian crossing is a public roadway, not at driveway crossings.
Plan indicates approximately 4-ft to 5-ft fill creating a berm on City property south of the site's south
property line. Grades must be revised to tie into existing grades at property line.
Revise and install new gate valve at all connection points to city watermain.
Drainage plan must include drainage boundaries, areas and al1 hydrology parameters for each drainage
area.
Storm water hydrology and hydraulic calculations required for entire site. Engineer must provide
a ro riate calculations showin and v ri in th dr in rns can b c mmodated b the
pp p g e fy g at new a age patte e ac o y
existing pond and existing storm sewer system.
Calculations must be provided showing that the watershed commissions infiltration standards are met.
Extend sanitary sewer south of the replacement main for future access to the site to the south.
,1
AII proposed underground utilities that are within City D&U easement and/or cross over into public r/w
must be shown in profile view (including connections of services). The profiles will be from structure to
structure at a minimum.
Maintain 18" of vertical separation between sanitary sewer and watermain.
Remove all old sanita sew r
ry e, watermain and storm sewer i e on the site. Abandonin is not acce table
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unless extenuating circumstances and approved by the City Engineer.
Proposed City watermain location in the southwest corner needs to be revised to a location coincident with
the southwest property lines.
Provide turning movements for all driveway access points and driveway/aisle locations with radii.
Show existing roadway striping on Freeway Blvd on site plan.
There are trees along the east side of your site in Mn/DOT r/w. Removal of these will not be allowed unless
approved as part of the plan.
Curb line of center island on north driveway must be in-line with the existing curb on each side of the
driveway (it appears to be set back several feet to the south).
Indicate and show all radii dimensions (curb radii, centerline radii, etc.).
Show better details in plan view and section view pertaining to driveway removal in NE of site. Roadway
shall be sawcut 2-ft out from existing driveway apron. This roadway was recently reconstructed. Section
must match the existing section. Pavement and base type must match the existing section types. The same
conditions apply to new driveway locations.
Infiltration areas are proposed to be sod? Has engineer done this successfully in other locations?
Show typical cross sections of infiltration areas with elevations, slopes, inlet pipes and elevations, etc.
Show pavement sections for all of the different pavements that will be included.
Grading plans should extend east to the existing sidewalk adjacent to T.H.100 ineluding-the d'itch:
Verify that 14 foot drive aisle meets city code
�ther comments.
As-built survey certified by registered surveyor will be required u on completion of the project.
P
Inspection for the site improvements must be performed by GSA's engineer. GSA'S engineer must certify
(in a final project letter) that the project has been built in conformance with the approved plans and
specifications under his/her direct supervision. The engineer's certification must be included on the as built
plans with the registered surveyors. The engineer and surveyor must be certified in the state of Minnesota.
Copies of permits (approved) must be provided to the City including MPCA NPDES, MPCA (sanitary sewer},
West Mississippi Water Management Commission, Minnesota Department of Health (watermain), Mn/DOT,
Hennepin County and others as required.
A City permit for driveway access along Freeway Boulevard avenue is required.
A Mn/DOT permit is required for work within Mn/DOT right-of-way
Bruce Johnson
Engineering Tech Supervisor
City of Brooklyn Center
Te/ e p h o n e: 763-569-3332
Fax: 763-569-3494
Email: biohnsonlc�ci.brooklvn-center.mn.us
2
Ci Council A enda Item No. 9b
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COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FR M• R nald A. n 1 nin d Zonin S ecialist
O. o Warre P an g an g p
DATE: August 17, 2009
SUBJECT: Planning Commission Application No. 2009-005
Recommendation:
It is recommended that the City Council, following consideration of this matter, approve the
application subject to the conditions recommended by the Planning Commission.
Background:
On the August 24, 2009 City Council Agenda is Planning Commission Application No. 2009-
005 submitted by Barry Minneapolis, LLC requesting a Variance from Section 35-412,
Subdivision 4, of the Zoning Ordinance requiring a 15 ft. parking setback and green strip on a
portion of the Freeway Boulevard right-of-way for the development proposed under Application
No. 2009-004. This matter was considered by the Planning Commission at their August 13,
2009 meeting and was recommended for approval.
Attached for your review are copies of the Planning Commission Information Sheet for Planning
Commission Application No. 2009-005 and also an area map showing the location of the
property under consideration, the Planning Commission minutes relating to the Commission's
consideration of this matter and other supporting documents.
Budget Issues: There are no budget issues.
Application Filed on 7-30-09
City Council Action Should Be
Taken By 9-28-09 (60 Days)
Planning Commission Information Sheet
Application No. 2009-005
Applicant: Jim Irwin on Behalf of Barry Minneapolis, LLC
Location: Southwest Quadrant of Freeway Boulevard and Humboldt Avenue North
Request: Variance
The applicant, Jim Irwin on behalf of Bairy Minneapolis, LLC, is seeking a variance from
Section 35-412, Subdivision 4(Section 35-700 also) of the zoning ordinance requiring a 15 ft.
parking setback and green strip measured from the street right-of-way line to be allowed to have
an approximate 7 ft. green strip along a portion of Freeway Boulevard where a 20 stall visitor
parking lot and primary site entrance area will be located.
As noted in the site and building plan review (Planning Commission Application No. 2009-004),
the visitor parking area where the green strip variance is being sought and the primary site
entrance are separated from the office, annex building and parking structure compound by a
security fence and controlled access. A Visitor Screening Facility (VSF) will be operated to
allow acceptable visitors to enter the secure area on the site. This design and security system is a
unique feature specifically for the highly sensitive nature of the proposed FBI use.
The a licant has rovided a roof of arkin lan showin the elimination of this visitor
PP P P P g P g
parking area and security features should the use of the site convert to typical of�ce occupancy,
not requiring such security measures. Such a conversion and implementation of the proof of
parking plan would allow for a fuli 15 ft. green strip/parking setback from the Freeway
Boulevard street right-of-way thus eliminating the need for the variance at that time.
The reason for the tight green strip resulting in the variance request is a number of the
requirements for security and safety features unique to this particular proposal. The perimeter
security fence, the site access control, the 100 ft. standoff distance and building setback all make
this a difficult site to layout given the security issues but are accomplished with this design. The
plan itself does offer extraordinary amounts of green space and landscape opportunities,
particularly along Freeway Boulevard that seem to appropriately offset the tight green strip by
the visitor parking area. This parking area does not run the full length of Freeway Boulevard,
which would be common in most office developments if it were not for the security issues.
Variances from the literal provisions of the zoning ordinance can be granted in instances where
the strict enforcement of the provisions would cause undue hardship because of circumstances
unique and distinctive to the individual property under consideration. Attached for the Planning
Commission's review is a copy of Section 35-240, Subdivision 2 of the city's zoning ordinance
containing the standards for variances. It should be noted that all four of the variance standards
must be met in order to grant a variance.
It should be further noted that a recedent was set b the Cit Council in the mid-1990's when
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three variances were granted from this section of the ordinance to allow encroachments into the
8-13-09
Page 1
I
15 ft. green strip requirements in the area of 69�' and Brooklyn Boulevard. Variances were
granted at the northwest corner of Brooklyn Boulevard and 69�' and also at the southwest corner
of 69 and Brooklyn Boulevard for proposals by convenience store/gas stations located in that
area. The variance request was implemented on the southwest corner of the site. The green strip
variance was not implemented at the northwest corner of the site because the proposed
development never went forward. Other green strip variances, or modifications, have been part
of various Planned Unit Development (PUD) proposals in other areas of the city. The Super
America at 57`� and Logan was one, the commercial development including the Culver's
restaurant and Super America at the northeast corner of Brooklyn Boulevard and 69�' Avenue
North was another PUD modification as well as various encroachments that are comprehended
and were allowed for the Luther automobile dealership redevelopments in the area of Brooklyn
Boulevard and Interstate 94.
This situation, although not a PUD, is very similar to those circumstances and the precedent of
granting variances in other circumstances make it quite compelling that this variance should be
granted in this circumstance. As mentioned previously, the proposal and design are unique to
this situation and are not common generally with development within the city. The variance
would not be required if the proof of parking submitted with this application is implemented with
a new user on the site not requiring such security measures so the chances of not neEding the
green strip variance in the future are likely. The conditions upon which this variance is based are
unique to this parcel of land speci�cally because of the security measures being taken in its
design. The hardship of not granting the variance is related to the ordinance requirements and
appears to be offset by the large amount of green space and landscaped areas in the immediate
vicinity of where the variance would be granted. It is also believed that the variance will not be
detrimental to the public welfare or injurious to other land or improvements in the neighborhood
where this development is situated.
For the above stated reasons, it is believed that the standards for variance contained in the zoning
ordinance are met and it should be noted that there is established precedent for the granting of
similar variances in other circumstances within the city. To deny the variance would create a
hardship to the applicant and would create difficulty in developing the property.
A public hearing has been scheduled and notices of the variance request have been sent to
surroundin ro ert owners.
gP P Y
I RECOMN�NDATION
Based on the precedent established by the granting of similar variance requests and the fact that
it is believed that the standazds for variance contained in Section 35-240, Subdivision 2 of the
zoning ordinance are met, it is recommended that the variance under this application be
recommended for approval. A condition that should be attached with this variance is that the
owner of the property shall enter into a proof of parking agreement acknowledging that the total
number of ordinance required parking spaces for this development and the implementation of
this proof of parking without the need for the green strip variance given future use of the site as a
non-security office complex.
i 8-13-09
Page 2
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STANDARDS AND PROCEDURES FOR ZONING ORDINANCE VARIANCES
CITY OF BROOKLYN CENTER
6301 SHINGLE CREEK PARKWAY
Anyone contemplating a request for a variance from the Zoning Ordinance should consult with the Planning staff, prior to
submitting an Application to the Board of Adjustments and Appeals, for the purposes of familiarization with applicable
ordinance standards and evaluation of the particulaz circumstances.
A prospective applicant will provide documents and information, as requested by the Secretary, to the Boazd of
Adjustments and Appeals or to the City Council. .4n application must be subrnitted fourteen (14) days prior to the
regular meeting of the Board.
In instances where the strict enforcement of the literal provisions of ttus zoning ordinance would cause undue hardship
because of circumstances unique and distinctive to an individual property under considera.tion, the City Council will have
the power to grant variances, in keeping with the spirit and intent of this ordinance. The provisions of this ordinance,
considered in conjunction with the unique and distinctive circumstances affecting the property, must be the proximate
cause of the hardship; circumstances caused by the property owner or his predecessor in title will not constitute sufficient
justification to grant a variance.
The Boazd of Adjustrnents and Appeals may recommend and the City Council may grant variances from the literal
provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of
circumstances unique and distinctive to the individual property under consideration. However, the Board will not
recommend and the City Council will in no case permit as a variance any use that is not permitted under this ordinance in
the district where the affected person's land is located. A variance may be granted by the City Council after
demonstration by evidence that all of the following qualifications are met:
(A) Because of the particular physical surroundings, shape, or topographical conditions of the specific pazcels of
land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if
the strict letter of the regulations were to be carried out.
(B) The conditions upon which the application for a variance is based are unique to the parcel of land for which
the variance is sought, and are not common, generally, to other property within the same zoning classification.
(C) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons
presently or formerly having an interest in the pazcel of land.
(D) The granting of the variance will not be detrimental to the public welfare or injurious to other land or
improvements in the neighborhood in which the pazcel of land is located.
The Boazd of Adjustments and Appeals may recorrunend and the City Council may impose conditions and restrictions in
the granting of variances so as to insure compliance with the provisions of this ordinance and with the spirit and intent of
the Comprehensive Plan and to protect adjacent properties.
Copies of the Zoning Ordinance may be obtained from the Administrative Office.
Questions should be directed to the Community Development Department, at (763) 569-3330.
Standards and Procedura for Zoning Ordinance Variances
Revised 4-Ol
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMNIISSION
OF TF� CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MIl�TNESOTA
REGULAR SESSION
AUGUST 13, 2009
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Rahn at 7:03 p.m.
ROLL CALL
Chair Sean Rahn, Comm.issioners Joann Campbell-Sudduth, Kara Kuykendall, Stan Leino, and
Michael Parks were present. Also present were Secretary to the Planning Commission/Planning
and Zoning Specialist Ronald Warren, Business and Development Director Gary Eitel, and
Planning Commission Recording Secretary Rebecca Crass. Della Young was absent and
excused. Carlos Morgan was absent and unexcused.
APPROVAL OF MINUTES JUNE 11, 2009
There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks,
to approve the minutes of the June 11, 2009 meeting as submitted. The motion passed.
CHAIR' S EXPLANATION
Chair Rahn explained the Planning Commission's role as an advisary body. CJne of the
Comrrussion's funct�ons is to hold pubhc �earings. In the matters concerned in these heanngs,
the Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
APPLICATION NO. 2009-004 JIM IRWIN ON BEHALF OF BARRY MINNEAPOLIS. LLC
Chair Rahn introduced Application No. 2009-004 a request for site and building plan approval
for a 145,317 sq. ft. office building, a 28,255 sq. ft. annex building and a three story covered
parking facility on an 8.57 acre site at the southwest quadrant of Freeway Boulevard and
Humboldt Avenue North. This 8.57 acre parcel is being created by the replatting of the former
Days Inn, Cracker Barrell Restaurant and the Olive Garden Restaurant properties which were
acquired by the City of Brooklyn Center Economic Development Authority in 2006 and 2007.
Mr. Warren presented the staff report describing the location of the property and the proposals.
(See Planning Commission Information Sheets dated 8-13-09 for Application No. 2009-004, and
the Engineering Department's report and comments dated 8-11-09, attached.) Mr. Warren
explained that the Economic Development Authority acquired and cleared the properties in 2006
and 2007 in hopes of attracting a corporate office or major office development. The City and the
Government Services Administration (GSA), the procurement ann of the federal government,
have worked out an agreement for the land and the development of the proposed multi-story
of�ce and accessory buildings planned under this application far use as an FBI field office
facility. He added that the plan comprehends a unique facility with many security and safety
8-13-09 Page 1
measures designed specifically for its use by the FBI that are not common to other office
developments.
APPLICATION NO. 2009-005 JIM IRWIN ON BEHALF OF BARRY MINNEAPOLIS, LLC
Chair Rahn introduced Application No. 2009-005 a request for a variance from Section 35-412,
Subdivision 4, of the Zoning Ordinance requiring a 15 ft. parking setback and green strip on a
portion of the Freeway Boulevard right-of-way for the development proposed under Application
No. 2009-004.
Mr. Warren presented the staff report describing the location of the property and the proposals.
(See Planning Commission Information Sheets dated 8-13-09 for Application No. 2009-005,
attached.) Mr. Warren added that the applicant has provided a proof of pa.rking plan showing
the elimination of this visitor parking area and security features should the use of the site convert
to typical office occupancy, not requiring such security measures. Such a conversion and
implementation of the proof of parking plan would allow for a full 15 ft. green strip/parking
setback from the Freeway Boulevard street right-of-way thus eliminating the need for the
variance at that time.
Chair Rahn asked about the traffic issues along Freeway Boulevard and Shingle Creek Pkwy as
was mentioned in the report. Mr. Warren responded that several traffic studies have been done
in the past in the area. It was noted from those studies that there was a large capacity for traffic
in these areas and this proposed use will have a different impact during peak and off peak hours
compared to traf�c patterns with the previous use of the property. The traffic studies reflected a
level of service at some of these intersections to drop and traffic lights might need to be adjusted
to accommodate the different flow in traf�c at various intersections.
Commissioner Campbell-Sudduth asked if an increase in traffic becomes an issue, when will the
City respond. Mr. Warren explained that optimizing the existing signals should make traffic
flow without creating any gridlock.
PUBLIC HEARING APPLICATION NO. 2005-005
There was a motion by Commissioner Leino and seconded by Commissioner Kuykendall, to
open the public hearing on Application No. 2009-005 at 7:SSp.m. The motion passed
unanimously.
Chair Rahn called for comments from the public.
Mr. Jim Irwin, representing Barry Real Estate Companies, 30 Ivan Allen Jr. Boulevard, Atlanta,
Georgia, introduced himself as the applicant. He stated that the traffic studies are based on the
square footage of a building and not the FBI occupancy of the building. The FBI's plan is to hire
280 people in the beginning with the capacity of 350 in the building. He further explained the
anricipated number of vehicle trips to the site based on the building size and capacity. Mr. Irwin
added that the secondary entrance to the site was made along James Circle rather than along
Freeway Boulevard noting that the vast majority of employee traffic will use this entrance which
will alleviate additional traff'ic concerns along Freeway Boulevard.
i
8-13-09 Page 2
Chair Rahn asked about water retention for the site. The applicant responded that the plan
includes maintaining water on site to allow for a slow drainage to the retention site on the Regal
theater site.
No other persons from the public appeared before the Commission during the public hearing on
Application No. 2009-005.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Leino, seconded by Commissioner Campbell-Sudduth, to
close the public hearing on Application No. 2009-005 at 8:08 p.m. The motion passed
unanimously.
The Chair called for further discussion or questions from the Commissioners.
Commissioner Leino stated that he is very excited to see this development take place on this site
with its high visibility and it is an excellent addition to the city.
Mr. Warren added that this is not a tax exempt facility since the FBI will be leasing the property
and the city's goal in acquiring this site was for a major corporate or office building complex to
be located on this site which makes this an excellent fit.
Commissioner Leino asked for the time frame of construction. Mr. Irwin responded that they
hope to start grading, foundation and footing work this year and the entire project will take
about 22 months to complete.
Commissioner Parks asked staff to explain notes made by the Engineering Department regarding
a berm on the east side of the property. Mr. Gary Eitel, Business and Development Director,
responded that there is a ground elevation difference near the entry into the garage which will
require grading that occurs off site. He added that it runs alongside city owned land and goes
over a utility easement.
The Commissioners interposed no objections to approval of the Application.
ACTION TO RECONIlV�ND APPROVAL OF APPLICATION NO. 2009-004 JIM IRWIN
ON BEHALF OF BARRY MINNEAPOLIS. LLC There was a motion by Commissioner
Kuykendall, seconded by Commissioner Leino, to recommend to the City Council that it
approve Application No. 2009-004, submitted by Jim Irwin on behalf of Barry Minneapolis,
LLC for site and building plan approval for a 145,317 sq. ft. office building, a 28,255 sq. ft.
annex building and a three story covered parking facility on an 8.57 acre site at the southwest
quadrant of Freeway Boulevard and Humboldt Avenue North subject to the following
conditions:
l. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage, utility and erosion control plans are subject to review and approval by
8-13-09 Page 3
the City Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of pernuts to
assure the completion of all site improvements.
4. Any outside trash disposal facilities and roof top or on ground mechanical equipment
sHa11 be appropriately screened from view.
5. The buildings are to be equipped with an automatic �re extinguishing systems to meet
NFPA standards and connected to a central monitoring device in accordance with
Chapter 5 of the city ordinances.
6. An underground imgation system shall be installed in all landscaped areas to facilitate
site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city
ordinances.
8. B-612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as built survey of the property, improvements and utility
service lines prior to release of the performance guarantee.
10 A1 ork e orm to the
1 w p rformed and matenals used for construct�on of utilities shall conf
City of Brooklyn Center current Standard Speci�cations and Details.
1 l. Appropriate erosion and sediment control devices shall be provided on site during
construction as approved by the City's Engineering Department and applicant shall
obtain an NPDES construction site erosion permit from the Minnesota Pollution Control
Agency prior to disturbing the site.
12. The final plat comprehended under Planning Commission Application No. 2009-001
shall be given final approval by the City Council and filed with Hennepin County prior to
the issuance of building pernuts for this project.
13. Plan approval is contingent upon the granting of the variance from the green strip/parking
setback requirements comprehended under Planning Commission Application No. 2009-
005.
14. The owner of the property shall enter into an easement and agreement for maintenance
and inspection of utility and storm drainage systems prior to the issuance of permits.
15. Storm water drainage systems shall be approved by the West Mississippi Watershed
Management Commission prior to the issuance of pernuts.
8-13-09 Page 4
16. The owner of the property shall enter a proof of parking agreement to provide up to 694
parking spaces on the site upon a determination by the City, to be constructed within one
year following notification that such parking is needed.
Voting in favor: Chair Rahn, Commissioners Campbell-Sudduth, Kuykendall, Leino, and
Parks.
The motion passed unanimously.
The Council will consider the application at August 24, 2009 meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that the application be returned to the Commission for reconsideration.
ACTION TO RECOMIlVIEND APPROVAL OF APPLICATION NO. 2009-005 JIM IRWIN
ON BEHALF OF BARRY MINNEAPOLIS. LLC
There was a motion by Commissioner Parks, seconded by Commissioner Campbell-Sudduth, to
recommend to the City Council that it approve Application No. 2009-005, submitted by Jim
Irwin on behalf of Barry Minneapolis, LLC, for a variance from Section 35-412, Subdivision 4,
of the Zoning Ordinance requiring a 15 ft. parking setback and green strip on a portion of the
Freeway Boulevard right-of-way for the development proposed under Application No. 2009-004
based on substantial precedent for similar variance requests and the fact that the Standards for
Variance are met, subject to the following condition:
l. The owner of the property shall enter into a proof of parking agreement, the
implementation of which will negate the need for said variance.
Voting in favor: Chair Rahn, Commissioners Campbell-Sudduth, Kuykendall, Leino, and
Parks.
The modon passed unanimously.
The Council will consider the application at August 24, 2009 meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that the application be returned to the Commission for reconsideration.
OTI�R BUSINESS
Mr. Warren stated that staff is researching information on Farmer's Markets to deal with the
situation on a more permanent basis but permits have been issued to allow it to operate at
Brookdale until that time. ,This matter will come back to the Planning Commission for further
discussion.
There was no other business.
8-13-09 Page 5
ADJOURNMENT
There was a motion by Commissioner Leino, seconded by Commissioner Parks, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
8:30 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
i
8-13-09 Page 6
City Council Agenda Item No. l0a
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works
DATE: August 19, 2009
SUBJECT: Resolution Authorizing the Execution of a Trail Agreement between Three Rivers
Park District and the City of Brooklyn Center
Recommendation:
Staff recommends that the City Council authorize execution of the trail agreement between
Three Rivers Park District and the City of Brooklyn Center.
Sackground:
On March 23, 2009, the City Council discussed conversion of a portion of the City's community
trail system to the Three Rivers Park District's regional trail system and directed staff to proceed
with efforts to report back to the Park and Recreation Commission for final report and
recommendation. City staff and park district staff have since composed an agreement outlining
the terms pertaining to implementing the conversion of the regional trail. On August 13, 2009,
Three Rivers Park District Board Committee met and unanimously recommended approval of the
regional trail agreement. On August 18, 2009, the City's Parks and Recreation Commission
passed a motion recommending to the City Council approval of the trail agreement (see attached
memo dated August 19, 2009). A public information meeting was held far adjacent property
owners on August 19, 2009 (see attached sign in sheet, no formal comments received). Upon
consideration and approval by the City Council, the agreement is scheduled for final approval by
the park district's Board of Commissioners at its August 27, 2009 meeting.
Currently, the City has approximately 66.1 miles of trails and sidewalks. Under the terms of the
agreement, Three Rivers Park District assumes the responsibility for the operation and
maintenance of 5.4 miles for two of Brooklyn Center's existing pedestrian and bike trails the
existing Shingle Creek trail (3.5 miles) located along Shingle Creek from the northern to the
southern City limits and the existing Twin Lake trail (1.9 miles) located from Twin Lake Park to
Xerxes Avenue (see attached map). Also under the agreement, the City and the park district
jointly pursue the planning for the extension of approximately 1.7 miles of regional trail east
from the Brookdale mall area to connect to the Mississippi River regional trail. The following
provides a general overview of the elements contained in the agreement (see attached):
Property Rights Easements for trail purposes would be provided to the park district by the City.
The easements would provide a continuous and contiguous corridor for the regional trail. Future
acquisition of easements would be required for the Twin Lakes Trail Extension to the Mississippi
River corridor.
Regional Trail Agreement Memo, August 19, 2009 Page 2 of 2
Financing and Cost Participation Once the trails have been conveyed, the park district will be
responsible for trail operations, maintenance, reconstruction and capital expenses. The paxk
district will also partner with the design and construction of the future Twin Lake Trail
Extension including participation in the preliminary planning for the trail extension.
Future Trails The park district will reimburse the City for the design and construction of the
regional trail as part of the Bass Lake Road Streetscape and Regional Trail project. Any
necessary redesign of existing trails will be the responsibility of the park district, unless the
redesign is warranted or impacted by a project.
Trail Uses Permitted uses on the future regional trails will generally be consistent with what is
allowed currently on City trails. Winter use will still be allowed, so long as the City continues to
plow the trails (which is planned to continue).
Maintenance of Trails The park district will be responsible for the maintenance and upkeep of
the trails. The City will be responsible to plow the trails in the winter as it currently does.
Duration of Agreement The agreement shall be permanent. However, the agreement shall be
terminable by either party upon material breach by the other party, or may be terminable by the
park district or City by mutual agreement.
In response to the City's Park and Recreation Commissions recommendations, the agreement
was revised to include language pertaining to possible future realignment and reconstruction of
the regional trail due to the City's needs or desires (see section 4.B. of the agreement). The
Commission also recommended consideration by the Council to shift the regional trail through
Central Park along Shingle Creek to the west side of Shingle Creek in lieu of the current
proposed alignment on the east side. Both locations contain existing trail; however, the trail on
the west side is currently scheduled to be reconstructed during the next approximately 30 days.
In accordance with the agreement, should the City desire to negotiate with the park district in the
future to possibly mutually agree to relocate the designation of the regional trail to the west side
as recommended by the Commission, staff recommends to revise the current construction plans
to ensure this section of trail meets park district standards. At this point, staff recommends
maintaining the current proposed alignment of the regional trail along the east side of Shingle
Creek through Central Park. Upon future evaluation, the City and park district could then
possibly mutually consider revising the location of the trail to the east side of the creek.
Budget Issues:
Currently, the Three Rivers Park District has capital financing allocated in 2009 for the Bass
Lake Road Streetscape and Regional Trail Project in the amount of $300,000 and planning and
design for the Twin Lakes Regional Trail Extension in the amount of $125,000. Future CIP
''I projects and operating budget expenditures for the transferred trail will potentially reduce the
responsibility of the City by as much as 10% (based on the length of trail being transferred).
Regional Trail Agreement Resolution
I
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE EXECUTION OF A TRAIL AGREEMENT
BETWEEN THREE RIVERS PARK DISTRICT AND THE CITY OF BROOKLYN
CENTER
WHEREAS, the City of Brooklyn Center ("City") has requested that Three Rivers Park
District ("Park District") assume responsibility for the operation and maintenance of an existing city
trail corridor along Shingle Creek that will be designated as the Shingle Creek Regional Trail
located within the City; and
WHEREAS, the City has requested that Park District assume responsibility for the
operation and maintenance of an existing city trail corridor from Twin Lake Park to Xerxes Avenue
North that will be designated as the Twin Lakes Regional Trail located within the City; and
WHEREAS, the City has requested that Park District assume responsibility for the
construction, operation and maintenance of an extension of the Twin Lakes Regional Trail Extension
from Xerxes Avenue North east to the Mississippi along a route to be determined j ointly by the City
and the Park District; and
WHEREAS, the Paxk District and City desire to cooperate to design, construct,
reconstruct, operate and maintain a regional trail network located in the City employing their own
powers and the powers granted by Minn. Stat. §471.59.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that the Mayor and City Manager are hereby authorized to execute the attached
Trailway Cooperative Agreement in the name of the City of Brookly.n Center.
AuQUSt 24, 2009
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.
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B LYN ENTER
CITY OF ROOK C
AND
THREE RIVERS PARK DISTRICT
TRAILWAY COOPERATIVE AGREEMENT
WHEREAS, the Three Rivers Park District (��Park District") is a political subdivision of
the State of Minnesota authorized by statute to acquire, establish, operate and maintain a
regional trail system; and
WHEREAS, Park District promulgates master plans for the development of park
facilities including the regional trail systems; and
WHEREAS, the Park District's master plans are submitted to the Metropolitan
Council and the Metropolitan Parks and Open Space Commission for approval; and
WHEREAS, the City of Brooklyn Center ("City") has requested that Park District
assume responsibility for the operation and maintenance of an existing city trail corridor
along Shingle Creek that will be designated as the Shingle Creek Regional Trail located
within the City; and
WHEREAS, the City has requested that Park District assume responsibility for the
operation and maintenance of an existing city trail corridor from Twin Lake Park to Xences
Avenue North that will be designated as the Twin Lakes Regional Trail located within the
Cit and
Y,
WHEREAS, the City has requested that Park District assume responsibility for the
construction, operation and maintenance of an extension of the Twin Lakes Regional Trail
Extension from Xerxes Avenue North east to the Mississippi along a route to be determined
jointly by the City and the Park District; and
WHEREAS, the Park District and City desire to cooperate to design, construct,
reconstruct, operate and maintain a regional trail network located in the City employing
their own powers and the powers granted by Minn. Stat. §471.59.
NOW THEREFORE in consideration of the mutua
I covenants herein and other ood
9
and valuable consideration, the sufficiency of which is hereby acknowledged, the City and
Park District agree as follows:
1
1. Prodertv Ri4hts.
A. Shingle Creek Traii Easement
City shall convey to Park District a permanent non-exclusive Easement for trail
Trailwa Easement attached hereto as Exhibit A
ur oses in the form of the Public
P P Y
(hereinafter "Shingle Creek Trail Easement"). Said Shingle Creek Trail Easement
shall provide a continuous and contiguous corridor for the existing trail to be
designated as the Shingle Creek Regional Trail.
The route of the trail shall be as illustrated in Exhibit A, Segments SC-1 through
SC-8.
The parties recognize that certain bridges and grade crossings may require
agreements with third parties such as the Minnesota Department of Transportation.
The parties shall cooperate to secure necessary permissions to use such crossings
and bridges.
In the event City cannot convey a Shingle Creek Trail Easement which provides a
continuous and contiguous corridor for the existing trail, City shail acquire such
rights to additional lands as may be necessary. Park District shall not be obligated
to proceed with any obligation under this Agreement until City has conveyed to
Park District Easements sufficient to create a continuous and contiguous regional
trail corridor. If City cannot acquire and convey a Shingle Creek Trail Easement to
Park District which provide a continuous and contiguous trail corridor within
eighteen (18) months following execution of this Agreement, the Agreement shall
be terminated and neither the City nor Park District shall have any obligation
hereunder, except that Park District shall return unrecorded Easements to City and
take such other measures as may be necessary to cancel the Easements.
Certain of the Easements lie within platted rights-of-way and easement areas
where the City does not have an interest in real property but does have the legal
authority to construct, maintain and operate sidewalks, trails, and other such
public ways. In such cases, the Easements do not convey an interest in real
I erm' nd
n irrevocab e it a
property but, pursuant to this agreement, shall serve as a p
license to the Park District to construct, operate and maintain a trail within the
Easement areas. In the event the City's right to so maintain a trail within these
segments of the Easement area is lost by vacation, condemnation, revocation of
license or permit, or otherwise, the City will acquire such additional rights, titles
and interests as are needed to assure a continuous and contiguous trail corridor
through the Easement areas. If the loss of such right to maintain a trail within
right-of-way areas occurs, after construction of the trail, the City shall acquire such
additional right, title or interest and reconstruct the trail, if necessary, at City
expense. The City represents that it currently has the legal right and authority to
construct and maintain the trail within such platted rights-of-way.
B. Twin Lakes Trail Easement
City shall convey to Park District a permanent non-exclusive Easement for trail
purposes in the form of the Public Trailway Easement attached hereto as Exhibit B
(hereinafter "Twin Lakes Trail Easement"). Said Twin Lakes Trail Easement shall
provide a continuous and contiguous corridor for the existing trail to be designated
as the Twin Lakes Regional TraiL
The route of the trail shall be as illustrated in Exhibit B, Segments TL-1 through TL-
5.
2
In the event City cannot convey a Twin Lakes Trail Easement which provides a
continuous and contiguous corridor for the existing trail, City shall acquire such
rights to additional lands as may be necessary. Park District shall not be obligated
to proceed with any obligation under this Agreement until City has conveyed to
Park District Easements sufficient to create a continuous and contiguous regional
trail corridor. If City cannot acquire and convey a Twin Lakes Trail Easement to
Park District which provide a continuous and contiguous trail corridor within
eighteen (18) months following execution of this Agreement, the Agreement shall
be terminated and neither the City nor Park District shall have any obligation
hereunder, except that Park District shall return unrecorded Easements to City and
take such other measures as may be necessary to cancel the Easements.
Certain of the Easements lie within platted rights-of-way and easement areas
where the City does not have an interest in real property but does have the legal
authority to construct, maintain and operate sidewalks, trails, and other such
public ways. In such cases, the Easements do not convey an interest in real
property but, pursuant to this agreement, shall serve as an irrevocable permit and
license to the Park District to construct, operate and maintain a trail within the
Easement areas. In the event the City's right to so maintain a trail within these
segments of the Easement area is lost by vacation, condemnation, revocation of
license or permit, or otherwise, the City will acquire such additional rights, titles
and interests as are needed to assure a continuous and contiguous trail corridor
through the Easement areas. If the loss of such right to maintain a trail within
right-of-way areas occurs, after construction of the trail, the City shall acquire such
additional right, title or interest and reconstruct the trail, if necessary, at City
expense. The City represents that it currently has tMe legal right and authority to
construct and maintain the trail within such platted rights-of-way.
C. Twin Lakes Trail Extension Easement
An easement or other permanent property rights satisfactory to Park District for
the extension of the Twin Lakes Regional Trail will be required upon agreement by
City and Park District upon establishment of the Twin Lakes Regional Trail
extension (hereinafter ��Trail Extension Easement"). Said Trail Extension Easement
shall provide a continuous and contiguous corridor for the Twin Lakes Regional Trail
extension from Xences Avenue North east to existing trail along the Mississippi
River and shall be conveyed to Park District upon amendment of this Agreement.
Park District shall commence a planning study contemporaneously with City
planning and redevelopment efforts in the same area for the Twin Lakes Regional
Trail extension to determine the desired location of the Trail Extension Easement.
The route of the trail shall be as illustrated in Exhibit C, Segments TLE-1 and TLE-
2.
The parties recognize that certain bridges and grade crossings will require
agreements with third parties such as the Minnesota Department of Transportation.
The parties shall cooperate to secure necessary permissions to use such crossings
and bridges.
In the event City cannot convey a Trail Extension Easement, which provides a
continuous and contiguous corridor for a trail as determined during the
aforementioned planning study of the Twin Lakes Trail Extension, City shall acquire
such rights to additional lands as may be necessary to complete the trail corridor.
Park District shall not be obligated to proceed with any further obligation under this
3
Agreement relating to the Twin Lakes Regional Trail extension until City has
conveyed to Park District the Trail Extension Easement sufficient to create a
continuous and contiguous trail corridor. Said Trail Extension Easement shall not
be recorded by Park District until completion of the regional trail extension
construction. If this Agreement is terminated, and the regional trail extension is not
constructed, Park District shall return the unrecorded Trail Extension Easement to
City and take such other measures as may be necessary to cancel the Trail
Extension Easement.
Certain of the Easements lie within platted rights-of-way, easement areas and trail
corridor areas yet to be determined where the City does not have an interest in
real property but does have the legal authority to construct, maintain and operate
sidewalks, trails, and other such public ways. In such cases, the Easements do not
convey an interest in real property but, pursuant to this agreement, shall serve as
an irrevocable permit and license to the Park District to construct, operate and
maintain a trail within the Easement areas. In the event the City's right to so
maintain a trail within these segments of the Easement area is lost by vacation,
condemnation, revocation of license or permit, or otherwise, the City will acquire
such additional rights, titles and interests as are needed to assure a continuous
and contiguous trail corridor through the Easement areas. If the loss of such right
to maintain a trail within right-of-way areas occurs, after construction of the trail,
the City shall acquire such additional right, title or interest and reconstruct the
trail, if necessary, at City expense. The City represents that it currently has the
legal right and authority to construct and maintain the trail within such platted
rights-of-way.
2. Financinq.
Following conveyance of the Shingle Creek Trail Easement and Twin Lakes Trail
Easement in accordance with paragraphs 1(A) and 1(B) of this Agreement, Park
District shall be responsible for trail operations, maintenance, reconstruction and
capital expenses as deemed necessary by Park District. Furthermore, in accordance
with paragraph 1(C), the Park District shall commence planning contemporaneously
with City planning and redevelopment efforts in the same area for the Twin Lakes
Regional Trail extension at Park District expense. No design or construction work shall
commence by Park District unless and until the Twin Lakes Regional Trail extension
project is funded in Park District's Capital Improvement Program approved by the Park
District's Board of Commissioners or through other funding sources. City may elect to
finance design or construction of Twin Lakes Regional Trail Extension.
3. Cost Partici�ation.
Upon execution of this Agreement and performance of City obligations contained in
paragraph 1, and subject to paragraph 2, Park District agrees to be responsible for all
future operations, maintenance, reconstruction, and capital expenses of existing trails
described in the Shingle Creek Trail Easement and the Twin Lakes Trail Easement.
Upon amendment to this agreement with the Trail Extension Easement, Park District
agrees to be responsible for all design, construction and future operations,
maintenance and reconstruction of the Twin Lakes Regional Trail extension as
described in the Trail Extension Easement.
In recognition of the significant costs associated assumed by the Park District for
future operations, maintenance, reconstruction, and capital expenses, and in
recognition of the significant contribution by the City in transferring existing trails,
4
easernents or irrevocable permits to the Park District, City agrees to convey all
easements or irrevocable permits at a cost of one ($1) dollar to Park District.
4. Desian of Traii.
A. Future redesign of existing trails
Future redesign, if needed, of the existing trails to be named the Shingle Creek
Regional Trail and the Twin Lakes Regional Trail (but not the Twin Lakes Extension
Easement), and their related trail structures, shall be the responsibifity of Park
District, except as otherwise provided in this paragraph. Park District may, in its
sole discretion, contract with consultants to provide trail redesign services,
including, but not limited to design development, contract document preparation,
bidding documents, construction, administration, and project closeout. Park District
shall submit all redesign construction plans to City for review, comment and
approval.City approval shall not be unreasonably withheld. Trail designs consistent
with then current Park District standards for regional trail design shall be presumed
to be reasonable. The cost of design services provided by Park District or
consultanks selected by Park District shall be the responsibility of Park District.
Design of the Twin Lakes Regional Trail Extension Phase I(Xerxes Avenue
to Highway 100)
Design of the Twin Lakes Regional Trail Extension Phase I shall be the
responsibility of City in accordance with standards adopted by Park District. City
may, in its sole discretion, contract with consultants to provide trail design
services, including, but not limited to design development, contract documentation
preparation, bidding documents, construction administration and project closeout.
City shall submit final construction plans to Park District for approval, which shall
not be unreasonably withheld. The cost of design services provided by City or
consultants selected by City shall be the responsibility of City, provided however
that reasonable design costs contemplated by this paragraph shall be reimbursed
by Park District to the extent such costs are expended for trail design only and not
for other improvements.
Design of the Twin Lakes Regional Traii Extension Phase II (Highway 100
to Mississippi River)
Design of the Twin Lakes Regional Trail Extension Phase II shall be the
responsibility of Park District and City in accordance with standards adopted by
City. Park District and City may contract with consultants to provide trail design
services, including, but not limited to design development, contract documentation
preparation, bidding documents, construction administration and project closeout.
The cost of design services provided by consultants shall be the responsibility of
City, provided however that reasonable design costs contemplated by this
paragraph shall be reimbursed by Park District to the extent such costs are
expended for trail design only and not for other improvements.
B. Alternate future redesign or realignment of existing trails
Future redesign or realignment, if needed or desired by the City, of any trail and
their related strucfiures included as part of this agreement, shall be the
responsibility of City, except as otherwise provided in this section. City may, upon
approval by the Park District, contract with consultants or other professional design
sources to provide trail redesign or realignment services, including, but not limited
to design development, contract document preparation, bidding documents,
construction, administration, and project closeout. Ciry shall submit all redesign or
realignment plans to Park District for review, comment and approvai. Park District
5
approval shall not be unreasonably withheld. Trail redesigns or realignments
consistent with then current Park District standards and goals for regional trail
design shaN be presumed to be reasonable. Any redesign or realignment of the trail
shall provide a continuous and contiguous corridor for the trail. The City shall
acquire such additional land rights, and title or interest, if necessary, at City
expense. The cost of design services provided by Ciry or consultants selected by
City, and the cost of reconstruction shall be the responsibility of City.
5. Canstruction of Trail.
The District and City will confer and agree upon trail construction
responsibility prior to beginning a regional trail project
A. Reconstruction of existin trails
9
The Shingle Creek Regional Trail the existing segment of the Twin Lakes Regional
Trail and future trails will i nc with Park District s
be maintained n accorda e
Pavement Management Program. That program will schedule appropriate
reconstruction for individual segments of existing trails. Trail reconstruction
projects are funded through Park District's Capital Improvement Program as
approved by the Park District's Board of Commissioners. All costs of reconstruction
shall be the responsibility of Park District. Park District will not reimburse City for
indirect costs incurred by City including, but not limited to, staff costs, costs of
consultants and advisors, legal fees, filing fees, permit fees, or any other similar
expense.
B. Construction of Twin Lakes Regional Trail Extension Phase I
Park District a�d City will confer and agree upon trail construction responsibility.
Park District shall be res onsible for construction ex enditures to the extent such
P P
costs are expended for trail construction only and not for other improvements.
C. Construction of Twin Lakes Re ional Trail Extension Phase II
9
Park District and City will confer and agree upon trail construction responsibility.
Park District shall be responsible for construction expenditures to the extent such
costs are expended for trail construction only and not for other improvements.
6. Permits and Assessments.
City shall grant all City approvals, City permits, and other official City permissions
necessary to operate, maintain, reconstruct and construct regional trails. In
consideration of the Park District's performance under this Agreement including i#s
maintenance obligations, City hereby agrees that the Park District shall not be subject
to assessment by the City pertaining to improvements made on the lands included in
the Easement..
7. Trail Uses and Purooses.
All regional trails within City boundaries shall be open to the general public, and be
used exclusively for outdoor recreation and commuter activities including, but not
limited to, walking, jogging, skating, biking, and uses mandated by state law including,
but not limited to, electric personal assistive devices. In addition, motorized vehicles
used by the City or Park District for maintenance, law enforcement or other public uses
will be permitted.
8. Winter Use.
As of the date of this Agreement, Park District policy is to close the trail(s) to the
public in winter and to perform no maintenance on the trail. Park District reserves the
6
right to open trail for winter use in its sole discretion. If Park District closes the trail(s)
for winter use, City will be provided with a Park District Winter Use Permit to operate
the trail during the winter period. Such permit will require City, among other things, to
assume responsibility for trail maintenance and operation and to assume responsibility
for liabilities associated with winter use.
9. Maintenance of Trail.
Park District will be responsible for renovation, replacement, repair, maintenance, and
upkeep of the trail(s) except bridges owned by others as provided in paragraph 8. Park
District shall be solely responsible for establishing maintenance standards for the trail,
which will be consistent district wide.
10. S�c'i naqe.
Park District shall be responsible for providing signage for the trail(s). Signage will
indicate that the trail is a regional trail of Park District. City may provide additional
signage, provided however, that Park District shall approve such additional signage,
and that City shall be responsible for providing and maintaining such additional
signage. When the regional trail crosses a city roadway, City shall be responsible for
providing and maintaining roadway crossing treatments such as pedestrian striping,
road signs and/or other treatments as prescribed by the Minnesota Manual on Uniform
Traffic Control Devices (MN MUTCD), or as appropriate.
11. Utilities.
City shall at all times retain the right to maintain, repair or replace any utilities and
related facilities in, on, or under said trail(s) and install such utilities and related
facilities provided, that if any such activities by the City shall or may damage or fimit
the use of the trail, the City will give the Park District ten (10) days prior written notice
of the same (except in cases of emergency), and in any event the City will upon
completion of such activities so affecting the trail or any portion thereof, restore the
trail as near as possible to its condition existing before such maintenance, repair,
replacement or other activities of the City. City and Park District recognize that prior
notice is needed to develop temporary trail detour routes and temporary signage. City
and Park District will cooperatively determine and implement a temporary detour route
when feasible.
City will not require Park District to pay for utility relocation or burying of utility lines
for construction or reconstruction of regional trails.
12. Law Enforcement.
The City will patrol and police the trail in such manner and by such persons as the City
shall deem necessary, and may enforce all rules and ordinances of the City except as
provided herein. Notwithstanding anything herein to the contrary, the Park District
shall have the right to enforce its rules, regulations and ordinances with respect to the
trail. City shall not promulgate any ordinance, rule or regulation which contravenes
any ordinance, rule or regulation of Park District with respect to the trail or which
contravenes this Agreement.
13. Indemnification.
The City and the Park District each shall indemnify, defend and hold harmless the
other from any loss, liability, cost, damage and claim arising from any act or omission
on the part of its officers, employees, agents, contractor or representatives in
connection with the use, occupancy, development, operation, maintenance and repair
of the trail, including any attorney fees and expenses incurred in defending any such
7
ciaim. Nothing herein shall change or otherwise affect the liability limits established
under Minn. Stat. 466, as amended. The liability limitations established in Minn.
Stat. 466 shall apply to undertakings pursuant to this Agreement, and no individual
or entity may seek to increase recovery beyond the statutory amounts set forth in
Minn. Stat. 466 by attempting to aggregate the statutory amounts applicable to the
Park District or the City.
14. Successor and Assians.
The Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and assigns, provided, however, that neither the City nor
the Park District shall have the right of assign it rights, obligations and interests in or
under this Agreement to any other party without the prior written consent of the other
party hereto.
15. Amendment. Modification or Waivpr.
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing and signed by the
party or parties to be bound, or its duly authorized representative. Any waiver by
either party shall be effective only with respect to the subject matter thereof and the
particular occurrence described therein, and shall not affect the rights of either party
with respect to any similar or dissimilar occurrences in the future.
16. Savina Provision.
If any provision of the Agreement shall be found invalid or unenforceable with respect
to any entity or in any jurisdiction, remaining provision of the Agreement shall not be
affected thereby, and such provisions found to be unlawful or unenforceable shall not
be affected as to their enforcement or lawfulness as to any other entity or in any other
jurisdiction, and to such extent the terms and provisions of this Agreement are
intended to be severable.
17. Termination.
This agreement may be terminated by Park District or City by mutual agreement or as
otherwise provided in this agreement. This agreement shall be terminable by either
party upon material breach by the other party.
18. Notices.
Any notice given under this Agreement shall be deemed given on the first business day
following the date the same is deposited in the United States Mail (registered or
certified) postage prepaid, addressed as follows:
If to the Park District: Superintendent
Three Rivers Park District
3000 Xenium Lane North
Plymouth, MN 55441
If to the City: City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
8
IN WITNESS WHEREOF, City and Park District have entered into this Agreement as
of the date and year first above written.
CITY OF BROOKLYN CENTER
By:
Its Mayor
By:
Its City Manager
THREE RIVERS PARK DISTRICT
By:
Its Chair Board of Commissioners
By:
Its Superintendent
9
EXHIBIT A
Shingle Creek Regional Trail Easement
Segment SC-i: Brooklyn Park border to 69 Ave N
Commencing at the North municipal boundary of the City of Brooklyn Center in the
northeastern corner of West Palmer Park, the bituminous trail lies west of Palmer Lake, east
of Palmer Lake Dr. W. and east of the existing park play fields. South of the play fields the
trail is located east of, and proceeds parallel to, Palmer Lake Dr W and then proceeds north
of, and parallet to, 69 Ave. N.. The trail crosses Shingle Creek on an existing City-owned
bridge. The bridge will be conveyed to Park District upon approval of this Agreement.
Approximately 150 feet to the east of the bridge, the trail proceeds south and crosses 69
Ave N at grade.
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EXHIBIT A
Shingle Creek Regional Trail Easement
Segment SG2: 69 Ave N to Freeway Boulevard
Commencing at said point last described above, the trail proceeds south along the eastern
side of Shingle Creek. The trail passes under Shingle Creek Parkway, and then under
Freeway Boulevard.
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EXHIBIT A
Shingle Creek Regional Trail Easement
Segment SC-3: Freeway Boulevard and the Interstate 94 Bridge
Commencing at the Freeway Boulevard underpass, the trail proceeds south along the east
side of Shingle Creek through land owned by the Minnesota Department of Transportation
(MNDOT). The trail then crosses the Interstate 94 Pedestrian Bridge, and proceeds to the
southern terminus of said bridge. The Bridge is owned by MNDOT. Agreement for use of the
MNDOT land and bridge for trail purposes is covered under a separate agreement with
M N DOT.
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EXHIBIT A
Shingle Creek Regional Trail Easement
Segment SC-4: Central Park: Interstate 94 Bridge to Shingle Creek Parkway
Commencing at the southern terminus of the Interstate 94 Pedestrian Bridge, the trail
proceeds to the south through Central Park, staying east of the existing play fields. The trail
crosses an existing City-owned bridge located approximately 200 feet north-northwest of
the library. The bridge will be conveyed to Park District upon approval of this Agreement.
The trail then parallels the eastern side of Shingle Creek and proceeds south to the point
where the trail turns due east to reach contact with the western side of Shingle Creek
Parkway.
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EXHIBIT A
Shingle Creek Regional Trail Easement
Segment SC-5: Shingle Creek Parkway to County Road 10
Commencing at the point last described above, the trail proceeds south along the western
side of Shingle Creek Parkway to the intersection of Shingle Creek Parkway and County
Road 10.
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EXHIBIT A
Shingle Creek Regional Trail Easement
Segment SC-6: County Road 10 to Highway 100 Pedestrian Bridge
Commencing at the point last described above, the trail proceeds south/southeast to the
northern terminus of the Highway 100 Pedestrian Bridge. The current trail alignment follows
the north side of the Brookdale Center Road to the northern terminus of the Highway 100
Pedestrian Bridge. Redevelopment of this area may result in a modified trail alignment in
the future.
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EXHIBIT A
Shingle Creek Regional Trail Easement
Segment SC-7: Highway 100 Bridge
Commencing at the northern terminus of the Highway 100 Pedestrian Bridge, the trail
proceeds to the southern terminus of said bridge. The Bridge is owned by the Minnesota
Department of Transportation (MNDOT). Agreement for use of the bridge for trail purposes
is covered under a separate agreement with MNDOT.
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EXHIBIT A
Shingle Creek Regional Trail Easement
Segment SC-8: Highway 100 Pedestrian Bridge to Minneapolis Border
Commencing at the southern terminus of the Highway 100 Pedestrian Bridge, the trail
proceeds south along the western border of Lions Park and then east along the southern
border of the park until the point at which the trail enters the City of Minneapolis.
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EXHIBIT 6
Twin Lakes Regional Trail Easement
Segment TL-1: Lakeside City Park
Commencing at the southern boundary of Twin Lake Park, the bituminous trail proceeds
north/northeast to the parking lot of the park.
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EXHIBIT B
Twin Lakes Regional Trail Easement
Segment TL-2: Twin Lakes Ave. N. (signed only on-road trail)
From the Twin Lake Park parking lot north to the existing bituminous trail on the north side
of Lake Breeze Ave. N., there will not be a physical trail. Trail users will be directed
between the two points using street markings and signs along Twin Lakes Ave. N.. The on-
street portion of the trail does not require an easement under this Agreement.
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EXHIBIT B
Twin Lakes Regional Trail Easement
Segment TL-3: Lake Breeze Ave. N. to France Ave. N.
Commencing from the intersection of Twin Lakes Ave. N. and Lake Breeze Ave. N., the trail
proceeds east on the northern side of Lake Breeze Ave using the existing bituminous trail.
The trail proceeds north along the eastern side of Azelia Ave. N. and the southern side of
50 Ave. N. to the intersection with France Ave. N.
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Twin Lakes Regional Trail Easement
Segment TL-4: France Ave N to Brooklyn Blvd
Commencing at the point last described above, the trail proceeds north on the west side of
France Ave. N., to 53� Ave. N.. The trail proceeds east on the south side of 53� Ave. N.
until the road turns to the north, at which point the trail continues to follow the road on the
east side of the road until the intersection of 55 Ave. N..
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EXHIBIT 6
Twin Lakes Regional Trail Easement
Segment TL-5: Brooklyn Blvd. to County Road 10 along Xerxes Ave. N.
Commencing at the point last described above, the trail crosses Brooklyn Blvd. and Xerxes
Ave. N. along the north side of 55 Ave N.. The trail proceeds north along the east side of
Xerxes Ave. N. to the intersection of Xerxes and County Road 10.
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EXHIBIT C
Twin Lakes Regional Trail Extension Easement
Segment TLE-1. Xerxes Ave. N. to Shingle Creek Pkwy. along CR 10
The final alignment of the Twin Lakes Regional Trail from Xerxes east to the Mississippi
River will be determined through joint planning efforts between City and Park District (See
Paragraph 1C).
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EXHIBIT C
Twin Lakes Regional Trail Extension Easement
Segment TLE-2: Shingle Creek Pkwy to Mississippi River
The final alignment of the Twin Lakes Regional Trail from Xerxes east to the Mississippi
River will be determined through joint planning efforts between City and Park District (See
Paragraph 1C).
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24
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: August 19, 2009
TO: Curt Boganey, City Manager
FROM: Jim Glasoe, Director of Community Activities, Recreation and Services
SUBJECT: Parks and Recreation Commission Recommendation- Trailway Cooperat
Agreement
At last evening's Paxk and Recreation Commission meeting, the Commission discussed the
proposed Trailway Cooperative Agreement with Three Rivers Park District.
A significant portion of the conversation related to the easement language contained in the
agreement. More specifically, the word "permanent" as it applied to the easements. Public
Works Direcfor Steve Lillehaug pointed out that all easements are typically permanent, but can
be changed by vacation or amendment. Mr. Lillehaug noted the intent of the agreement was to
maintain a contiguous trail segment.
The Commission, per the discussion, wanted to retain some flexibility in the easement language
to allow for trail realignment as it might relate to improvements to Shingle Creek, redevelopment
in the Brookdale area, or park use changes. Don_DeVeau representing Three Rivers Park District
responded that the District would work with the City on any realignment, as long as a contiguous
trail was maintained. Upon questioning by the Commission, both Mr. Lillehaug and Mr. DeVeau
indicated additionallanguage could be added to the agreement to clarify this issue.
Regarding the potential for realignment, the Commission discussed the option of moving the
regional trail designation to the trail section on the west side of Shingle Creek as it moves
through Central Park. Public Works Director Lillehaug noted that portion of the trail was slated
for reconstruction this year, but was only planned for an 8 foot width. Mr. Lillehaug added this
width would not meet the Three Rivers Pazk trail standards. Mr. Lillehaug noted that, if there is
a desire to change the regional trail designation, it might be wise to recommend reconstructing
the westerly trail section according to current Three-Rivers standards.
After additional discussion, the Commission unanimously passed a motion recommending to the
City Council approval of the Trailway Cooperative Agreement,`with the additional language
related to the easements. The Commission wished to convey thei.r support of the cooperative
6301 Shingle Creek Parhway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hdll TDD Number (7fi3) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
nature of the agreement, but wanted to make certain the City's interests now, and in the future
was protected by adding the additional language.
Additionally, the Commission unanimously passed a separate motion recommending the City
Council consider reconstructing the trail section just west of Shingle Creek according to current
Three Rivers Park District standards.
As always, please let me know if you have any questions regarding the recommendations, or
would like additional information.
e e Lillehau Public Works Director
cc: St v g,
Park Recreation Cornmission
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City Council Agenda Item No. l0b
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COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works
DATE: August 17, 2009
SUBJECT: Resolution Authorizing Dedication of Easements on City Property Pertaining to
the Bass Lake Road Streetscape and Regional Trail Project
Recommendation:
Staff recommends that the City Council authorize the dedication of easements on City property
pertaining to the Bass Lake Road Streetscape and Regional Trail Project
Background:
On July 13, 2009, the City Council determined the necessity for and authorized the acquisition of
certain property easements for the Bass Lake Road Streetscape and Regional Trail
Improvements. As part of the Bass Lake Road Streetscape and Regional Trail project, proposed
im rovements as well as existin ublic elements such as sidewalks, a pedestrian bridge and
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r ca e elements have been identified that fall outside of existin ublic easement
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areas. The attached map shows the extent of the easement needed for the proposed improvements
and existing elements that fall outside of public easement within the City-owned paxcel in the
northwest corner of Bass Lake Road (County Road 10) and Shingle Creek Parkway.
The proposed dedication would provide for the needed acquisition of approximately 1,426
square-feet of permanent non-exclusive easement. The City Attorney has drafted the easement
document attached to the resolution authorizing the dedication of the easement.
Budget Issues:
None.
Easement Acquisition Resolution
�i
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE DEDIGATION OF EASEMENTS ON CITY
PROPERTY PERTAINING TO THE BASS LAKE ROAD STREETSCAPE AND
REGIONAL TRAIL PROJECT
WHEREAS, an existing pedestrian bridge and sidewalk, and construction of new sidewalk
and streetscape improvements in the northwest corner of Bass Lake Road (County Road 10) and
Shingle Creek Parkway necessitates the acquisition of a perpetual streetscape and sidewalk easement
for public sidewalk or trailway, pedestrian bridge, retaining walls, decorative landscape features,
irrigation systems and lighting purposes within Lot 1, Block 1, BROOKDALE SQUARE, Hennepin
County, Minnesota; and
WHEREAS, the City Attorney has prepared an easement document for said perpetual
easement, a copy of which is attached hereto; and
WHEREAS, the City of Brooklyn Center has agreed to dedicate said easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that the Mayor and City Manager are hereby authorized to execute the permanent
easement within Lot 1, Block 1, BROOKDALE SQUARE in the name of the City of Brooklyn
Center.
Au�ust 24, 2009
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.
Parcel 14
Abstract
DECLARATION OF EASEMENT
THIS DECLARATION OF EASEMENT (the "Declaration") is made this day of
2009, by of the City of Brooklyn Center, a Minnesota municipal corporation (the
"Declarant").
Recitals
A: Declarant is the fee owner of certain real estate in Hennepin County, Minnesota, legally
described on the attached Exhibit A(the "Property").
B. The Declarant wishes to establish non-exclusive, permanent easements for streetscape
purposes as described on the attached Exhibit A and depicted on Exhibit B aver and �cross a portion
the Property.
Declaration
Now, therefore, the Declarant hereby declares that the Praperty shall be held, sold and conveyed
subject to the following easement, which shall inure to the benefit of the City of Brooklyn Center.
1. Easement. The Property shall be subject to a perpetual easement for streetscape puiposes
over that part of the Property legally described on the attached Exhibit A and depicted on the
attached Exhibit B.
2. Scone of Easement Ri�hts. The perpetual streetscape easement granted herein includes
I the right of the Grantee, its contractors, agents, and employees to enter the premises at all
reasonable times for the purpose of installing, constructing, reconstructing, operating,
maintaining, inspecting, altering and repairing within the described easement azea any of the
following facilities and amenities: public sidewalk or trailway; pedestrian bridge facilities;
retaining walls; decorative landscaping features including planting beds, boulders, shrubs, trees,
and other landscape improvements; and irrigation systems. Trail and bridge uses include the use
of trail and bridge facilities by pedestrians, non-motorized bicycles, powered wheelchairs or carts
operated by physically handicapped persons, and city and public safety vehicles utilized in
3S41AAv6 CBR BR291-301 1
maintenance or policing. Trail or bridge uses do not include use by motorized recreational
vehicles such as snowmobiles, all-terrain vehicles or motocross bikes.
The easement crea.ted herein also includes the right to cut, trim, or rernove from the
easement areas trees, shrubs, or other vegetation as in the City of Brooklyn Center's judgment
unreasonably interfere with the easement or facilities of the City of Brooklyn Center, its successors
or assigns.
3. Easement to Run with Land; No Mer�er. The easement created herein shall run with the
land and be binding on all parties having any right, tide or interest in the Property, their heirs,
successors and assigns. The Declarant intends that the easement created herein shall not merge in
Declarant's tide to the Properly and that any future conveyance of the Property by Declarant shall be
subject to this Declaration of Easement unless the instrument of conveyance expressly states an
intention to terminate this Declaration of Easement.
4. Amendment: Modification; Ternunation. This Declaration may not be amended, modified
or terminated without the consent of the City of Brooklyn Center.
CITY OF BR�OKLYN CENTER
By:
Its: Mayor
g
Its: City Manager
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of
2009, by Tim Willson and Curt Boganey, the Mayor and City Manager,
respectively, of the City of Brooklyn Center, a Minnesota municipal corporation, on behalf of the
corporation.
NQtary Public
THIS INSTRUMENT WAS DRAFTED BY:
Kennedy Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
3541�4v6 CBR BR291-:i0i
Exhibit A
Owner: The City of Brooklyn Center
P.I.N. 02-118-21-24-0017
Description of Property:
That part of Lat 1, Block 1, BROOKDALE SQUARE, Hennepin County, Minnesota.
Description of Easement:
A permanent non-exclusive easement for public streetscape purposes being that part of the above
described Property which lies within the following described area:
Beginning at the southwest comer of said Lot 1, Block 1, BROOKDALE SQUARE;
thence on an assumed bearing of North 89 degrees (}9 minutes 08 seconds East, along the
south line of said Lot l, Block 1, BROOKDALE SQUARE, a distance of 64.98 feet to
the southeast comer of said Lot 1, Block 1, BROOKDALE SQUARE; thence North 0
degrees O1 minutes O1 seconds West, along the east line of said LoE 1, Block I,
BROOKDALE SQUARE, a distance af 31.47 feet; thence South 61 degrees 51 minutes
32 seconds West, 25.00 feet; thence South 89 degrees 09 minutes 08 seconds West, 42.94
feet to the west line of said Lot 1, Block 1, BRO�KDALE SQUARE; thence South 0
degrees O1 minutes 19. seconds East, along said west line of Lot 1, Block 1,
BROOKDALE SQUARE, a distance of 20.00 feet to the point of beginning.
Said permanent easement containing 1,426 square feet (0.033 acres) more or Iess.
354! �kFv6 CBR BR391-3Q 1
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City Council Agenda Item No. lOc
I
MEMORANDUM COUNCIL WORK SESSION ITEM
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works
DATE: August 18, 2009
SUBJECT: Resolution Rescinding Special Assessment of PID 03-118-21-41-0017 from
Levy Roll No. 17076, Improvement Project No. 2008-05, Xerxes Avenue and
Northway Drive Street Improvements
Recommendation:
Staff recommends that the City Council authorize the attached resolution rescinding special
assessment of PID 03-118-21-41-0017 from levy roll No. 17076, Improvement Project No.
2008-05, Xerxes Avenue and Northway Drive Street Improvements
Background:
The following information provides an overview pertaining to the Xe�es Avenue and
Northway Drive Street Improvement special assessment, specifically pertaining to the parcel
that exists between Brooklyn Boulevard and Xe�es Avenue, and SS and 56�' Avenues (see
attached figure). This area exists as a private roadway that services the nine adjacent parcels.
The County indicated that the City must provide a correction to the assessment for this
common interest parcel (PIN 03-118-21-41-0017) that is not issued a property tax statement.
On March 24, 2008, City Council certified the special assessments for Improvement Project
No. 2008-05, Xe�es Avenue and Northway Drive Street Improvements. City staff then
forwarded the certified special assessment roll to Hennepin County in November 2008 to be
levied on the property taxes starting in 2009. Recently, Hennepin County contacted the
City's Assessing Department and indicated that one parcel (PIN 03-118-21-41-0017)
included on the special assessment roll was a common interest parcel with an unassigned
address and is not issued a t� statement. This parcel was assessed $6,349.18 for the area's
street improvements. It is a common area to which the nine surrounding parcels share a
proportioned interest and responsibility in the parcel. Under the pretense of these parcels
having this legal responsibility, the County requested that the City reassign this assessment to
the surrounding parcels based on their percentage interest in the parcel.
Although requested by the County to do so, the City is under no specific obligation to
reassign the assessment as requested. In fact, the County's interest is to simply clear up the
issue of having an assessment assigned to a common area parcel that they do not issue a tax
statement to. Generally, the City has two viable options reassign the assessment or rescind
the assessment.
i
City of Brooklyn Center 2008Xerxes Assessment
Reassign the Assessment
Reassigning the assessment would require a new assessment hearing as required under
Minnesota Statute 429 proceedings, in essence, similarly treating it as if it were a new
assessment. The downfall of doing this might outweigh the benefits. The nine parcels with
interest in the common area were previously and directly assessed for this project based on
parcel areas. One of these property owners has paid their assessment in its entirety while the
other property owners are continuing to pay their assessed amounts. Although fully within
the City's rights to reassign and reassess as indicated, there may be a question as to added
benefit by this assessment to the properties and could result in an appeal by a property owner.
Additionally, reassessing properties a second time for the same imp`rovements is not clear cut
and does not lend good will to these property owners. The one apparent benefit to the City
that would be experienced by reassessing the $6,349.18 would be that no other City funding
would be needed; however, certain costs and potential costs would and could be experienced
by proceeding with and opening �p another public hearing.
Rescind the Assessment
Staff's recommended option is to simply rescind the assessment and fund the shortfall from
another project funding source. Several points that lend credence to this option include the
following:
l. Assessing for this parcel area is not clear cut. This area exists as a private roadlalley.
If it were a public road/alley, we typically wouldn't add this area into the adjacent
parcel areas to compute an assessable amount.
2. Most likely, some if not all of the property owners will not be happy about this issue
as it would appear as if they were being assessed for a second time.
3. It may be difficult to prove that this is a reasonable assessment and that the
assessment increases the benefit and fair market value of the responsible properties.
4. The $6,349.18 in comparison to the overall project cost is minimal and can easily be
absorbed by other legitimate project funding sources.
Budget Issues:
Rescind the special assessment in the amount of $6,349.18 and fund out of the Street
Reconstruction Fund.
City of Brooklyn Center 2008Xerxes Assessment
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION RESCINDING SPECIAL ASSESSMENT OF PID 03-118-21-41-0017
FROM LEVY ROLL NO. 17076, IlvIPROVEMENT PROJECT NO. 2008-05, XERXES
AVENUE AND NORTHWAY DRIVE STREET IlVIPROVEMENTS
WHEREAS, the City Council certified assessments for Xerxes Avenue street
improvements to the Hennepin County Tax Rolls on March 24, 2008; and
WHEREAS, Parcel 03-118-21-41-0017, a common area that exists as a private
roadway/alley that services nine adjacent parcels was assessed $6,349.18 to be paid with taxes starting in
2009; and
WHEREAS, Hennepin County has asked the City to reassign this assessment; and
WHEREAS, the City Council has evaluated reassessing options, but desires to rescind the
assessment in the amount $6,349.18 and fund out of the Street Reconstruction Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that the assessment of common area PID 03-118-21-41-0017 be rescinded in the
amount of $6,349.18.
Au�ust 24, 2009
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.
�CERXES AVENUE AND NORTHWAY DRIVE RECONSTRUCTION AREA
SOUTH PROJECT AREA
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Hi Nancy
In this particular case, the ownership of Tracts F and I is d�stnbuted by undivided
interest, by deed, amongst the other Tracts of Register Land Survey No. 1419 that
comprise the commercial lots of this developmerrt .!00 of the ownership of Tracts F
and I is distributed amongst the other Tracts
The tax parcels for Tracts A thru E and G, H and J thru L(now replatted� were set up to
include their respe�tive undivided interest in Tracts F and for tax and assessment
purposes. Consequently, #he situation that we are facing with this assessment coutd be
construed as a double assessment issue, since the commercial lots should have
already received their respective portion of the assessment for Tracts F and I.
This is not a typical common area interest issue, but rather the fact that the commercial
lot tax parcels include their undivided ownership interest in Tracts F and 1.
As I mentioned in an earlier conversation, the PIDs for Tracts F and I are just'place
holders' for GIS purposes.
I hope this helps.
Jim Holan
Property ID Supervisor
Taxpayer Services Dept.
Hennepin County
612-348-3270
i
City of Brooklyn Center #22
Special Assessment Reassignment Projed 2342 (per Judy Porenta)
Interest in
Original Parcel. SA Number common area Description Year Term Total
03-118-21-41-0017 17076A Xerxes-Northway Imprve 08 2009 10 6349.18
Add to Existing Total for
Split to the following Interest in amount of levy #17076A Levy
Parcels: SA Number common area Description Year Term Levy Amount of: #17076A
03-118-21-41-0013 17076A 0.1400 Xerxes-Northway Imprve 08 2009 10 888.89 0 888.89 ADD
03-118-21-41-0014 17076A 0.0778 Xerxes-Northway Imprve OS 2009 10 493.97 2594.91 3,088.88 CHANGE
03-118-21-41-0015 17076A 0.1265 Xerxes-Northway Imprve 08 2009 10 803.17 3917.5 4,720.67 CHANGE
03-118-21-41-0016 17076A 0.0546 Xerxes-Northway Imprve 08 2009 10 346.67 1729.06 2,075.73 CHANGE
03-118-21-44-0032 17076A 0.1075 Xerxes-Northway Imprve OS 2009 10 682.54 8241.3 8,923.84 CHANGE
03-118-21-44-0033 17076A 0.1374 Xerxes-Northway Imprve 08 2009 10 872.38 12127.35 12,999.73 CHANGE
03-118-21-41-0018 17076A 0.0666 Xerxes-Northway Imprve 08 2009 10 422.86 5791.81 6,214.67 CHANGE
03-118-21-41-0020 17076A 0.1324 Xerxes-Northway Imprve 08 2009 10 840.63 11523.02 12,363.65 CHANGE
03-118-21-41-0025 17076A 0.1572 Xerxes-Northway Imprve 08 2009 10 998.09 13745.82 14,743.91 CHANGE
I
6,349.18
I
i
I
i
Work Session Agenda
r
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
August 24, 2009
Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M.
Council Chambers
City Ha11
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. Community Gardens Councilmember Lasman
PENDING LIST FOR FUTURE WORK SESSIONS
September/October
1. Sister City Relationship-Mayor Willson
2. Strategic Plan Goals Outcomes Success Measures
3. TIF Districts Update
4. Brookdale Mall Update
5. 57th and Logan Update
6. Administrative Fines Update
7. Rental Ordinance Amendments
8. Zoning/Code Enforcement Ordinance Amendments
9. Neighborhood Designations
10. Center Pointe Apartments Update
LaterlOngoing
1. Strategic Outcome Reports
2. Department Year End Reports
3. Legislative Update
4. Community Schools Update
5. 2011 Brooklyn Center Celebration Update
6. Ordinance Amendments Farmers Market
7. Firehouse Park Report
8. Group Homes Councilmember Ryan
Work Session Agenda Item No. 1
MEMORANDUM CITY COUNCIL WORK SESSION
DATE: August 18, 2009
T0: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business and Development
SUBJECT: Discussion on Community Gardens
COUNCIL ACTION REQUESTED:
City Council discussion and direction regarding the City's role in either promoting,
facilitating, or developing community gardens.
BACKGROUND:
At the Apri127� informal open forum, the City Council received a request by a resident for
the City to consider assisting in the creation of a community garden program. As a follow
up to this request, staff has been obtaining information on community gardening in
preparation for a future report to the City Council.
Subsequently, Council Member Lasman requested that a discussion on community
gardens, including a review of the City of Hopkins's garden program, be placed on a future
work session agenda.
On August 14�, I visited the City of Hopkins community garden that is located in a passive
part of a large neighborhood park, Valley Park, that parallels Nine Mile Creek This
community garden provides 185 garden plots (20'x20') that the City offers to residents for
an annual plot fee of $12.00 per year. The role of the City of Hopkins includes tilling of the
land in the Spring, providing sanitary facility (satellite) at the site, waste containers, and
coordinates the registration, plot staking, communications to gardners and year end clean
up. The gardeners are responsible for either drawing or pumping water from the creek.
The Hopkins's Asst. City Manager indicated that the City has managed this community
garden for approximately 30 years, individuals are limited to a maximum of 5 garden plots,
that residents receive the first option, that they have not experienced disputes amongst the
gardners, and that all of the plot were rented in 2009.
Photos of this community garden will be presented at the meeting.
Additionally, this year the City of Brooklyn Park created a community garden as part of the
Eidem Historic Homestead site, a 10 acre farmstead maintained to provide a living record
of farm life in Minnesota during the years of 1890 to 1910. The City tilled two areas that
provide a total of 80 garden plots (20'x20') and extended water service to serve the
gardens. The city fee is $50 per plot with a limit of 1 plot per household, unless additional
lots are available after the new rental period.
The Director of Recreation and Parks indicated that all plots were rented this year and that
the City has not experienced any problems, other than the need to erect deer fences to
protect the garden plots. He also noted that the gardners have requested to do their own
tilling next year
A search on the internet included numerous sites in both the U.S. and Canada on
community gardening including The American Community Gardening Association w�ich is
celebrating their 25th Anniversary and uses the theme, "Building Communities Through
Greening". This web site provided a fact sheet on basic information needed for a gardening
project which has been attached for reference.
Potential Garden Plot Sites:
A review of the City aerial photos indicates that there are several areas that are privately
owned that are under developed and could be possible candidates for this type of an
activiry; such as the transmission line which runs parallel to 57� Ave. Also churches and
schools often have open space areas that are not actively used or reserved for a future use.
The City/EDA has commercial sites that have been acquired to promote redevelopment
that may be appropriate for an interim use of gardening and an opportunity to defer the
annual maintenance costs associated with mowing and site cleanup.
Additionally, there may be an opportunity to provide scattered sites throughout the
communiry though the use of the City's Remove Rebuild Program for blighted foreclosed
homes.
Policv Ouestion:
Should staff further pursue the development of a community garden program?
American
Starting a Community Garden
community
This fact sheet is designed to give many different groups the basic information they need to get
their gardening project off the ground. These fists are in no way meant to be complete. Each main
�����nl�$ idea will probably trigger more questions, so an assortment of ways to carry out that idea are
presented; pick and choose those that seem to apply to your own situation.
Assoriation FORM A PLANNING COMMITTEE
Determine if there really is a need and desire for a garden.
What kind of garden—vegetable, flower, trees, a combination?
Who will the garden serve—youth, seniors, special populations, people who just want an
altemative to trash?
If the project is meant to benefit a particular group or neighborhood, it is essential that the
group be involved in all phases.
Organize a meeting or social gathering of interested people.
Choose a well-organized leadership team.
Make a list of what needs to be done.
Decide on a mailing address and central telephone number(s). Try to have at least 3 people
�3uitding who are very familiar with all pertinent information. Form a telephone tree.
Find a garden site.
Cnrnmurtities Obtain lease or agreement from owner.
Determine a source of water.
Through Form committees to accomplish tasks: Funding Resource Development; Youth Activities;
Construction; Communication.
Gr��ning Approach a sponsor. A sponsor is an individual or organization that supports a community
garden. Site sponsorship can be a tremendous asset. Contributions of land, tools, seeds,
fencing, soil improvements or money are all vital to a successful community garden. Some
community gardens can provide most of their provisions through fees �charged to the
membership; but for many, a garden sponsor is essential. Churches, schools, citizens groups,
private businesses, local parics and recreation departments are all potential supporters.
Community Development Block Grants are sometimes available through your municipality.
If your community garden has a budget, keep administration in the hands of several people.
Choose a name for the garden.
CHOOSE A SITE
Identify the owner of the land.
Make sure the site gets at least 6 full hours of sunlight daily (for vegetables).
Do a soil test in the fall for nutrients heavy metals.
Consider availability of water.
Try and get a lease or agreement which allows the space to be used at least for 3 years.
Consider past uses of the land. Is there any contamination?
Is insurance something you need to consider?
PREPARE AND DEVELOP THE SITE
Clean the site.
Develop your design.
Gather your resources—try to gather free materials.
Organize volunteer work crews.
Plan your work day.
Decide on plot sizes, mark plots clearly with gardeners names.
Include plans for a storage area for tools and other equipment, as well as a compost and event
areas.
Have a rainproof bulletin board for announcing garden events and messages.
Arrange for land preparation—plowing, eto--or let gardeners do their own prep.
Will the garden be organic?
Lay out garden to place flower or shrub beds around the visible perimeter. This helps to
promote good will with non-gardening neighbors, passersby, and municipal authorities.
ORGANIZE THE GARDEN
Are there conditions for membership (residence, dues, agreement with rules)?
How will plots be assigned (by family size, by residency, by need, by group— i.e., youth, elderiy, etc.)?
How large should plots be (or should there be several sizes based on family size or other factors?
How should plots be laid out?
If the group charges dues, how will the money be used? What services, if any, will be provided to gardeners
in retum?
Will the group do certain things cooperatively (such as tuming in soil in the spring, planting cover crops, or
composting)?
When someone leaves a plot, how will the next gardener be chosen?
How will the group deal with possible vandalism?
Will there be a children's plot?
Will the gardeners meet regularly? If so, how often and for what purposes?
Will gardeners share tools, hoses, and other such items?
How will minimum maintenance (especially weeding) be handled both inside plots and in common areas
(such as along fences, in flower beds, and in sitting areas)?
Will there be a set of written rules which gardeners are expected to uphold? If so, how will they be enforced?
Should your group incorporate and consider eventually owning your garden site?
INSURANCE
It is becoming increasingly difficult to obtain leases from landowners without obtaining liability insurance. Garden
insurance is a new thing for many insurance carriers and their underwriters are reluctant to cover community
gardens. It helps if you know what you want before you start talking to agents. Two tips: you should probably be
working with an agent from a firm which deals with many different carriers (so you can get the best policy for your
needs) and you will probably have better success with one of the ten largest insurance carriers, rather than
smaller ones.
SETTING UP A NEW GARDENING ORGANIZATION
Many garden groups are organized very informally and operate successfully. Leaders "rise to the occasion" to
propose ideas and carry out tasks. However, as the work load expands, many groups choose a more formal
structure for their organization.
A structured program is a means to an end. tt is a conscious, planned effort to create a system so that each
person can participate fully and the group can perform effectively. IYs vital that the leadership be responsive to
the members. Structure will help an organization to last; it will promote trust; it will help your group grow and
create new opportunities for leaders to develop.
If your group is new, have several planning meetings to discuss your program and organization. Try out
suggestions raised at these meetings and after a few months of operation, you'll be in a better position to
develop bylaws or organizational guidelines. A community garden project should be kept simple as possible,
whether large or smalL
Bylaws are rules which govern the internal affairs of an organization. They are required when you form a
nonprofit corporation, but are useful even if your group is a club or a group of neighbors. Many battles are won
simply because one side has more pieces of paper to wave than the other. IYs helpful to look over bylaws from
other similar organizations if you are incorporating. Guidelines and Rules (see TROUBLESHOOTING for
examples) are less formal than Bylaws, and are often adequate enough for a garden group that has no intention
of incorporating.
Organizational Considerations:
What is your purpose? What are your short and long-term objectives?
How are decisions to be made? Who chooses leaders and how?
How will work be shared? Who does what?
How will you raise money? Membership dues, fund raising, grants, sponsors?
Are you open to change? Flexibility is important when goals and members change. Do you want to be
incorporated or act as a club?
What goes into formal Bylaws:
Full official name of organization and legal address.
The purpose, goals and philosophy of the organization.
Membership categories and eligibility requirements.
Membership dues, how much and when paid.
Specify when and how often regular or special meetings of the membership are to be held, as well as
regular and annual meetings of the board of directors.
State what o�cers are necessary, how they are chosen, length of term, their duties and how vacancies are
filled.
State special committees, their purpose and how they operate.
Establish a system so that bylaws can be rescinded or amended, maybe by a simple majority. State any
official policies or practices: e.g.. garden group will avoid the use of hazardous substances; group will agree
to keep all adjacent sidewalks in good repair and free of ice and snow in season; group will make all repairs
necessary to keep equipment, fences and fumiture in good order and repair.
Include a Hold Harmfess clause (sample):
"We the undersigned members of the (name) garden group hereby agree to hold harmless (name owner)
from and against any damage, loss, liability, claim, demand, suit, cost and expense directly or indirectly
resulting from, arising out of or in connection with the use of the (name) garden by the garden group, its
successors, assigns, employees, agents and invites."
For more information on whether to incorporate as a non-profit corporation (a state function) or to apply for tax
deductible charitable (501(c)3) status (a federal IR3 function), go to the following websites:
www.fdncenter.ora/learn/faos/startina nonorofit.html
www.nolo.com/index.cfm (in the Business Human Resources section, select nonprofit organizations)
www.toci.com/maaazine/96summer/tobe 1.as�
HOW TO MANAGE YOUR COMMUNITY GARDEN
In order to offer a high quality community garden program, good management techniques are essential. Included in
this fact sheet are the main ideas to consider in management, along with many different ways to carry them out.
Having written rules is very important with older groups as well as new gardens, since they spell out exactly what is
expected of a gardener. They also make it much easier to eliminate dead wood should the need arise.
Sample Guidelines and Rules
Some may be more relevant to vegetable gardens than to community flower gardens or parks. Pick and choose what
best fds your situation.
I will pay a fee of to help cover garden expenses.
I will have something planted in the garden by (date) and keep it planted all summer long.
If I must abandon my plot for any reason, I will notify the garden leaders.
I will keep weeds down and maintain the areas immediately surrounding my plot if any.
If my plot becomes unkempt, I understand I will be given 1 week's notice to clean it up. At that time, it will be
re-assigned or tilled in.
I will keep trash and litter cleaned from the plot, as well as from adjacent pathways and fences.
I will participate in the fall cleanup of the garden.
I will plant tall crops only where they will not shade neighboring plots.
I will pick only my own crops unless given pem'iission by another plot user.
I will not use fertilizers, insecticides or weed repellents that will in any way affect other plots.
I agree to volunteer hours toward community gardening efforts {include a list of volunteer tasks which your
garden needs).
I will not bring pets to the garden.
I understand that neither the garden group nor owners of the land are responsible for my actions. I
THEREFORE AGREE TO HOLD HARMLESS THE GARDEN GROUP AND OWNERS OF THE LAND FOR
ANY LIABILITY, DAMAGE, LOSS OR CLAIM THAT OCCURS IN CONNECTION WITH USE OF THE
GARDEN BY ME OR ANY OF MY GUESTS.
Application Forms
Application forms can include any of the following information:
Name(s)
Address
Telephone number. Days Evenings
Site Preference: 1. 2. 3. 4.
Size of plot. (list choices available)
Season: Year round (must be maintained all year)
Short season (include dates)
Check the appropriate items
I am a senior citizen
I am physically disabled
This is my first year at this garden
I would like a garden next to a friend, Name
I have gardened here before and would like plot if available
I have gardened before at (where?); for how long?
TROUBLESHOOTING
Vandalism is a common fear among community gardeners. However, the fear tends to be much greater than the
actual incidence. Try these proven methods to deter vandalism:
Make a sign for the garden. Let people know to whom the garden belongs and that it is a neighborhood
project.
Fences can be of almost any material. They serve as much to mark possession of a property as to prevent
entry, since nothing short of razor-wire and land mines will keep a determined vandal from getting in. ShoR
picket fences or turkey wire will keep out dogs and honest people.
Create a shady meeting area in the garden and spend time there.
Invite everyone in the neighborhood to participate from the very beginning. Persons excluded from the
garden are potential Vandals.
Involve the neighborhood children in leaming gardens. They can be the garden's best protectors.
Plant raspberries, roses or other thomy plants along the fence as a barrier to fence climbers.
Make friends with neighbors whose window overlook the garden. Trade them flowers and vegetables for a
protective eye.
Harvest all ripe fnait and vegetables on a daily basis. Red tomatoes falling from the vines invite trouble.
Plant potatoes, other root crops or a less popular vegetable such as kohlrabi along the side walk or fence.
Plant the purple varieties of cauliflower and beans or the white eggplant to confuse a vandal.
Plant a"vandal's garden" at the entrance. Mark it with a sign: "If you must take food, please take 'st from
here.
Children's Plots
Children included in the garden process become champions of the cause rather than vandals of the garden.
Therefore your garden may want to allocate some plots specifically for children. The "children's garden" can
help market your idea to local scout troops, day cares, foster grandparent programs, church groups, etc.
I in
Consider offering free small plots in the children's garden to children whose parents already have a p ot
the garden.
People Probfems and Solutions
Angry neighbors and bad gardeners pose problems for a community garden. Usually the two are related.
Neighbors complain to municipal governments about messy, unkempt gardens or rowdy behavior, most gardens
can ill afford poor relations with neigFibors, local politicians or potential sponsors. Therefore, choose bylaws
carefully so you have procedures to follow when members fail to keep their plots clean and up to code. A well-
organized garden with strong leadership and committed members can overcome almost any obstacle.
RESOURCES
Horticultural information:
Cooperative Extension Service in your county
Garden Ciubs
Horticultural Societies
Garden Centers
Seeds:
America the Beautiful Fund 219 725 15th Street, NW, Suite 605, Dept. AG, Washington, DC 20005
(202)638-1649 htto://www.freeseeds.us/OoerationGPform.html
Garden Centers and Hardware Stores
Bedding plants:
Local nurseries
Vocational-Tech Horticulture Department
High school Horticulture dasses
Parks Department
Websites:
htta://celosanaeles.ucdavis.edu/aarden/articles/startu� auide.html
htto://celosanaeles.ucdavis.edulaarden/articles/school startuo ouide.html
htta://elca.ora/dcs/startina. html
htto:/lnnninfo.oralndex.oho?a=auide
httn:!/www. urb anharvest. ora/commun itv/howtostart. html
httq://www.foodshare.net/toolbox month07.htm
http://aeso�. rutaers.ed u/—niuen/odf/commoard.pdf