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HomeMy WebLinkAbout2007 03-26 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION March 26, 2007 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. Discussion of Work Session Agenda Items as Time Permits 3. Miscellaneous 4. Adj ourn CITY COUNCIL MEETING City of Brooklyn Center March 26, 2007 AGENDA L Informal Open Forum With City Council- 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. March 12, 2007 Study Session 2. March 12, 2007 Regular Session 3. March 12, 2007 Work Session b. Licenses c. Resolution Approving the Contract for Law Enforcement Labor Services (LELS) Local 86 and the City of Brooklyn Center for the Calendar Year 2007 d. Resolution Setting Courtesy Bench Inspection and Permit Fees and Establishing Corridors Prohibiting Courtesy Benches for 2007-2008 8. Presentations None CITY COUNCIL AGENDA -2- March 26, 2007 9. Public Hearing a. An Ordinance Vacating an Easement Within Portions of Lot 4 and Lot 5, Block 5, Lakebreeze Addition, 4821 Twin Lake Avenue North -This item was first read on February 26, 2007; published in the official newspaper on March 8, 2007, and is offered this evening for second reading and Public Hearing. •Requested Council Action: —Motion to open the Public Hearing. —Take public input. —Motion to close the Public Hearing. —Motion to adopt ordinance. b. Public Hearing Certifying Special Assessments for Improvement ProjectNos. 2007- OS and 06, Riverwood Area Neighborhood Street and Storm Drainage Improvements for 7124 Riverdale Rd, 7118 Riverdale Rd, 7200 Riverdale Rd, 7206 Riverdale Rd and 6842 West River Rd to the Hennepin County Tax Rolls •Requested Council Action: —Motion to open the Public Hearing. —Take public input. —Motion to close the Public Hearing. 1. Resolution Amending Levy Nos. 16816 and 16817 and Certifying Special Assessments for Improvement Project Nos. 2007-05 06, Riverwood Area Neighborhood Street and Storm Drainage Improvements to the Hennepin County Tax Rolls •Requested Council Action: —Mofion to adopt resolution. 10. Planning Commission Items a. Planning Commission Application No. 2007-002 Submitted by Brett Hildreth. Request for Preliminary Plat approval to subdivide the property at 5421 Lyndale Avenue North and also combine surplus highway right-of-way to create three new single family residential lots. The Planning Commission recommended approval of this application at its March 15, 2007, meeting. •Requested Council Action: —Motion to approve Planning Commission ApplicationNo. 2007-002 subject to the conditions recommended by the Planning Commission. b. Planning Commission Application No. 2007-003 Submitted by Brett Hildreth. Request for a Variance to create a single family residential lot in the R-2 zoning district that is less than 60 ft. in width. The Planning Commission recommended approval of this application at its March 15, 2007, meeting •Requested Council Action: —Motion to approve Planning Commission Application No. 2007-003 subject to the conditions recommended by the Planning Commission. CITY COUNCIL AGENDA -3- March 26, 2007 c. Planning Commission Application No. 2007-004 Submitted by MEER, LLC. Request for a Special Use Permit and Site and Building Plan approval to construct an additional school bus garage building at 4435 68�' Avenue North. The Planning Commission recommended approval of this application at its March 15, 2007, meeting. •Requested Council Action: —Motion to approve Planning Commission Application No. 2007-004 subject to the conditions recommended by the Planning Commission. 11. Council Consideration Items a. Resolution Congratulating the North Metro Stars on Their Participation in the Minnesota State High School League State Class AA Hockey Tournament •Requested Council Action: —Motion to adopt resolution. b. Proclamation Declaring March 2007 to be Minnesota FoodShare Month •Requested Council Action: —Motion to adopt proclamation. c. Set Date and Time of Joint Meeting With Brooklyn Park City Council for Monday, Apri130, 2007, at 6:00 p.m. •Requested Council Action: —Motion to set date and time of joint meeting with Brooklyn Park City Council for Monday, April 30, 2007, at 6:00 p.m. in Council/Commission Conference Room, Brooklyn Center City Ha1L 12. Adjournment City Council Agenda Item No. 7a r MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF �IENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 12, 2007 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 Tirn Willson and Councilmembers Kay Lasman, Mary O'Connor, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Fire Chief Ron Boman, and Deputy City Clerk Camille Worley. Councilmember Dan Ryan was absent and excused. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember O'Connor requested the following change to the Study Session minutes of February 26, 2007: The discussion on proposed joint meetings continued. Notification and scheduling of joint meetings was discussed. The desire to not schedule the joint meetings on the regular meeting nights of the City Council was expressed. This discussion continued during the Work Session. Councilmember Lasman requested the following change to the Work Session minutes of Februaxy 26, 2007: Councilmember/Commissioner O'Conrior suggested that existing committees be utilized in the ed plannmg for the 100�` Birthday Celebration rather than organizing a new committee. She stat objection to funds being dedicated to the celebration. Councilmember/Commissioner Lasman 'tional committee is needed due to the size of the res ond ed b statin that an addi P Y g the time of those existin committees. celebration and other events occu in g PY g It was the majority consensus of the City Council to accept the above changes to the minutes. There was discussion on Item No. 9a. in that some of the properties listed for certification of tree ts are these delin uent amoun and weed removal costs are rental properties and whether q that rental �nion was ex ressed considered during the rental license renewal process. An opi p eld res onsible for such delin uent amounts during the renewal process of uld be h q P roperties sho p rental licenses. 03/12/07 -1- DRAFT The City Manager indicated that before licenses are issued he believed all delinquencies had to be resolved. It w t u the uncil for sta.ff to look into addin tree and weed as he ma' orit consens s of Ci Co g J Y n' removal violations to the calls for service lists maintained by the Police Department. There was a discussion on automatic bank withdrawal of utility billings ta prevent a portion of the delinquent accounts. Mr. Boganey indicated that the option has been looked at in the past and was found not to be beneficial. He stated autornatic meter reading (AMR) devices that will be discussed in the near future may heip to reduce the number of delinquent accounts. Public Works Director/City Engineer Todd Blomstrom indicated that with an AMR system, monthl bills will be an o tion, which could hel reduce the number of delinquent accounts. Y P P There was a discussion on the Resolution Opting not to Waive Limited Tort Liability. Mr. Boganey explained the purpose of waiving the limited tort liability. MISCELLANEOUS Councilmember Lasman discussed the North Metro Stars, a girls hockey team that was honored by the Brooklyn Park City Council. She suggested that the Brooklyn Center City Council also honor the team by passing a resolution and inviting the girls to the next City Council meeting. It was the majority consensus of the City Council to draft a resolution and honor the team at the next City Council meeting. Councilmember Lasman discussed the introduction of new Police Officers at a City Council meeting for the benefit of the City Council and the viewing audience. Mr. Boganey stated he felt that all employees should be treated equally, therefore if one group of employees is being introduced to the City Council, employee moral may be affected. Councilmember Lasman agreed and no longer wished for the item to be considered. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS PROPOSED JOINT MEETINGS CITY OF BROOKLYN PARK APRIL 30� 6-7 P.M. Mr. Boganey stated Braoklyn Park agreed to have a joint meeting with the City Council on April 30, 2007. It was the majority consensus of the City Council to accept the Apri130, 2007, joint meeting date and time with the City of Brooklyn Pazk. 03/12/07 -2- DRAFT STARTING A FARMERS MARKET COUNCIL MEMBER YELICH Councilmember Yelich stated many cities have started farmers markets and he proposed such a market during the music in the park events held during the summer. He requested City Council consensus for the City to perform a feasibility study�to gauge the viability of a farmers market in Brooklyn Center. There was a discussion on starting a farmers market in the City of Brooklyn Center where staffing was indicated as a concem. Mayor Willson suggested that other cities that have City sponsored farmers markets be contacted to gather information regarding staffing and facilities used. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Yelich seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember O'Connor seconded to reconvene the Study Session at 6:55 p.m. Motion passed unanimously. The discussion on starting a farmers market continued. It was the majority consensus of the City Council to research the starting of a farmers market for the 2008 summer season. ADJOURNMENT Councilmember Lasman moved and Councilmember Yelich seconded to close the Study Session at 6:57 p.m. Motion passed unanimously. -3- DRAFT 03/12/07 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 MARCH 12, 2007 CITY HALL COUNCIL CHAMBERS l. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER 1NFORMAL OPEN FORUM The Brooklyn Center Cit3� Council met in Tnformal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, and Mark Yelich. Also present were City Manager Curt Boganey, City Attorney Charlie LeFevere, Fire Chief Ron Boman, and Deputy City Clerk Camille Worley. Councilmember Dan Ryan was absent and excused. i Mayor Willson opened the meeting for the purpose of Informal Open Foruxn. Dan Remiarz, 6201 June Ave N, stated objection to the increase in the storm drainage fee reflected on his utility bill. He also expressed an interest in automatic withdrawal of his utility bill. He discussed the condition of the street in front of his home and indicated a need for repa.irs. He stated concern for the amount of real estate taxes being paid by the City for the City purchased properties. Edward Doll, 1201 57 Ave N, discussed and objected to the special assessment certification for weed removal on his property. Councilmember Lasman moved and Councilmember Yelich seconded to close the Informal Open Forum at 6:54 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Yelich offered a moment of silence 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 7:02 p.m. 03/12/07 -1- DRAFT 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O' Connor, and Mark Yelich. Also present were City Manager Curt Boganey, City Attorney Charlie LeFevere, Fire Chief Ron Boman, and Deputy City Clerk Camille Worley. Councilmember Dan Ryan was absent and excused. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. C�UNCIL REPORT Councilmember Lasman sta.ted March is Food Share Month and encouraged support of local food shelves. She reported attending the final Special Events meeting on March 8. Councilmember Yelich stated he had nothing to report. Councilmember O' Connor stated she had nothing to report. Mayor Willson reported attending the North Metro Mayors Association meeting in Rogers. He reported attending a Bill Introduction on February 26 at the Capital with Representative Melissa Hortman and Senator Larson for House File 312 and Senate File 130. He reported attending a church in Robbinsdale for the Liberian TPS (Temporary Protective Status) which is slated to end on October 1. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, with amendments to the February 26, 2007 Regular Session and Study Session minutes and the following consent items were approved: 7a. APPROVAL OF MINUTES l. February 26, 2007 Study Session 2. February 26, 2007 Regular Session 3. February 26, 2007 Work Session 7b. LICENSES MECHANICAL Air Conditioning Associates 55 West Ivy Avenue, St. Paul Associated Mechanical 1257 Marshall Road, Shakopee Assured Heating A/C 334 Dean Ave, Champlin Auto Garage Door Fireplace 8900 109�' Ave N, Champlin Centraire Htg A/C 7402 Washington Ave S, Eden Prairie Cronstoms Heating A/C 6437 Goodrich Ave, St. Louis Park 03/12/07 -2- DRAFT aBeaux Ave NE Albertville DJ s Heating A/C 6060 L Fa.ircon Service Companies 2560 Kasota Ave, St. Paul Golden Valle Heatin 5182 West Broadway, Crystal Y g Home Energy Center 15200 25�' Ave N Suite 128, Plymouth Joel Smith Heating A/C 4920 173 Ave, Ham Lake M& D Plumbin Ht Inc 11050 26�' St NE, St. Michael g g� McDowall Company P O Box 1244, St. Cloud Marsh Heating A/C 6248 Lakeland Ave N, Brooklyn Park Metropolitan Mechanical Contractors 7340 Washirigton Ave S, Eden Prairie Modern Hearing A/C 2318 First St NE, Minneapolis New Mechanical Co Inc 1633 Eustis Street, St. Paul Pierce Refrigeration 1920 2 Ave S, Anoka Riccar Heating A/C 2387 Station Parkway NW, Andover River City Sheet Metal Inc. 8290 Main Street NE, Fridley Ron's Mechanical 12010 Old Brick Yard Road, Shakopee Royalton Heating A/C 4120 85�' Ave N, Brooklyn Park Schadegg Mechanical, Inc. 225 Bridgepoint Dr, So St Paul Southtown Refrigeration 6325 Sandburg Road, Golden Valley Spectxum Sign Systems, Inc. 2025 Gateway Circle, Centerville Standard Heating 8� A/C 410 W Lake Street, Minneapolis Thermex Corporation 3529 Raleigh Ave S, St. Louis Park Vogt Heating A/C 3260 Gorham Ave, St. Louis Park Wenzel Heating A/C 4131 Old Sibley Memorial Hwy, Eagan RENTAL Renewal (There were no calls for service for the following) 3012-18 S 1 Ave N(Two Family) Steven Debra Elhardt 6712 Beard Ave N(Single Family) Morris Matthews 6915 Brooklyn Blvd (Single Family) Curtis Cady 6613 Camden Drive (Single Family) Mark Herstrom 5935 Dupont Ave N(Single Family) Gina Dumas 5101 Eleanor Lane N(Single Family) Michael Potaczek 5000 France Ave (Four unit Townhome) Dean Gannon 5637 5639 Girard Ave N(Two Family) Earl Evalyn Krueth 6737 Quail Ave N(Single Family) Henry Yang Initial (There were no calls for service for the following) 5200 63 Ave N(Single Family) Evaristus Ejimadu 5006 65 Ave N(Single Family) Eva Wilson 5412 Logan Ave N(Single Family) Sergio Chavez SIGNHANGER Crosstown Sign 16307 Aberdeen St NE, Ham Lake Install This Awning Sign 5345 4�' Street, Brooklyn Center Lawrence Sign 945 Pierce Butler Route, St. Paul Signart Company 2170 Dodd Road, Mendota Heights 03/12/07 -3- DRAFT 7c. APPROVAL OF APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS CHURCH, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD APRIL 28, 2007 7d. RESOLUTION NO. 2007-37 OPTING NOT TO WAIVE LIMITED TORT LIABILITY FOR 2007 Motion passed unanimously. 8. PRESENTATIONS There were no presentations. 9. PUBLIC HEARING 9a. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 1. RESOLUTION NO. 2007-38 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS 2. RESOLUTION NO. 2007-39 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS 3. RESOLUTION NO. 2007-40 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS City Manager Curt Boganey introduced the item and stated the purpose of the proposed resolutions. Councilmember Lasman moved and Councilmember Yelich seconded to open the Public Hearing. Motion passed unanimously. Edward Doll, 1201 57 Ave N, stated objection to the assessment certification of weed removal on his property and requested an explanation of the additional $40.OQ fee. Director of Public Works/City Engineer Todd Blomstrom explained the fees charged to the property owner and the additional $40.00 charge if the amount is to be certified for non-payment. 03/12/07 -4- DRAFT e N stated ob'ection to the assessment of charges for ad e 5406 Lo an Av William Talm g g hoto a hs that indicated the location of the removal of trees on his properly. He distributed p gr p oved b 'scussed root a hs and sta.ted concern th at the trees that were rem y removed trees. He di gr p the City were not removed properly and the Dutch Elm disease spread to the surrounding trees which have been removed by the City and charged to the property owner. In response to the request, Mr. Boganey stated the process of tree removal would be provided to the City Council in a report. Joseph Reeves, 6913 Palmer Lake Drive W, sta.ted objection to the assessment for tree removal. He also stated objection that his partial payment was refused. Mayor Willson explained the purpose for only collecting the full amount owed for special assessments. Tiffany Dunn, 4933 Brooklyn Blvd, stated objection to the special assessment because the weed removal occurred before she purchased the property in September 2006. Mr. Blomstrom suggested that this address be pulled off of the current assessment roll so that the account can be researched. Cauncilmember Lasman moved and Councilmember Yelich seconded to close the Public Hearing for all properties except: 4933 Brooklyn Blvd, 5406 Logan Ave N, and 1201 57�' Ave N and to continue the heaxing for the three properties on Apri19, 2007. Motion passed unanimously. Councilmember Lasman moved and Councilmember Yelich seconded adoption of RESOLUTION NO. 2007-38 Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Ta� Rolls with the exception of 5406 Logan Ave N. Motion passed unanimously. Councilmember Yelich moved and Councilmember Lasman seconded adoption of vl nt Weed Remo a r Delin ue RESOLUTION NO. 2007-39 Certifying Special Assessments fo q Costs to the Hennepin County Tax Rolls with the exception of 4933 Brooklyn Blvd and 1201 57�' Ave N. Councilmember O'Connor stated objection to regulating the amount of weeds on a property. Councilmember O'Connor voted against the same. Motion passed. Councilmember Lasman moved and Councilmember Yelich seconded adoption of RESOLUTION NO. 2007-40 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. Motion passed unanimously. 03/12/07 -5- DRAFT 9b. ORDINANCE NO. 2007-03 RELATING TO CRIMINAL BACKGROUND CHECKS AT RESIDENTIAL RENTAL PROPERTIES; AMENDING CITY CODE SECTION IZ-914 Mr. Boganey introduced the item and stated the purpose of the proposed ordinance. Councilmember O'Connor stated she would like to arnend the language in the Ordinance so that landlords do not have to retain background reports of those who axe not rented to. She stated the Ordinance requires too much from landlords. The City Manager expla.ined the rational for the new Ordinance. City Attorney Charlie LeFevere explained the legal benefits of retaining background checks for all applicants. Councilmember Yelich moved and Councilmember O' Connor seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City CounciL Councilmember Lasman moved and Councilmember Yelich seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Yelich seconded adoption of ORDINANCE NO. 2007-03 Relating to Criminal Background Checks at Residential Rental Properties; Amending City Code Section 12-914. Councilmember O'Connor voted against the same. Motion passed. 10. PLANNING COMMISSION ITEMS There were no Planning Commission Items to be considered. 1L COUNCIL CONSIDERATION ITEMS lla.. RESOLUTION NO. 2007-41 APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS OF FIVE CITIES SElvIOR TRANSPORTATION PROJECT, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, PETS UNDER POLICE SECURITY, PROJECT PEACE, AND TWIN LAKES JOINT POWERS ORGA1vIZATION Mr. Bo ane thanked Ci Clerk Sharon Knutson for her efforts on the item, introduced the item, g Y t3' and stated the purpose of the proposed resolution. 03/12/07 -6- DR.AFT Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007-41 Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of Five Cities Senior Transportation Project, Northwest Hennepin Human Services Council, Pets Under Police Security, Project Peace, and Twin Lakes Joint Powers Organization. Motion passed unanimously. llb. RESOLUTION NO. 2007-42 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2007-01, 02, 03 04, CONTRACT 2007-A, FREEWAY BOULEVARD AND SHINGLE CREEK PARKWAY STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007-42 Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2007-01, 02, 03 04, Contract 2007-A, Freeway Boulevaxd and Shingle Creek Parkway Street, Storm Drainage and Utility Improvements. Ivlotion passed unanimously. llc. RESOLUTION NO. 2007-43 ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT PROJECT NO. 2007-14, CONTRACT 2007-D, 2007 STREET SEAL COATING Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2007-43 Accepting Bid and Authorizing Award of Contract, Improvement Project No. 2007-14, Contract 2007-D, 2007 Street Seal Coating. Motion passed unanimously. lld. RESOLUTION NO. 2007-44 ACCEPTING ENGINEER'S FEASIBILITY REPORT, ORDERING PLANS AND SPECIFICATIONS AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT FOR CITY IMPROVEMENT PROJECT NO. 2007-11, L IFT STATION NO. 2 FORCE MAIN IMPROVEMENTS Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilxnember Yelich seconded to adopt RESOLUTION tin En ineer's Feasibili Re ort, Ordering Plans and Specifications and NO. 2007 44 Accep g g tY P Lift for Ci Im ro vement Pro' ect No. 2007-11, Authonzm a Professional Services Agreement ty p J g Station No. 2 Force Main Improvements. 03/12/07 -7- DRAFT I i Motion passed unanimously. lle. RESOLUTION NO. 2007-45 ESTABLISHING PROJECT NO. 2007-15, TIF DISTRICT NO. 3 REGIONAL STORM WATER QUALITY TREATMENT IMPROVEMENTS Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Mr. Blomstrom discussed the proposed improvements and the water treatment that will take place. Councilmember Yelich moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2007-45 Establishing Project No. 2007-15, TIF District No. 3 Regional Storm Water Qua.lity Treatment Improvements. Motion passed unanimously. llf. RESOLUTION NO. 2007-46 CALLING FOR A PUBLIC HEARING TO AMEND LEVY NOS. 16816 AND 16817, SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2007-OS AND 2007-Q6, RIVERWOOD AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007-46 Calling for a Public Hearing to Amend Levy Nos. 16816 and 16817, Special Assessments for Improvement Project Nos. 2007-OS and 2007-06, �iverwood Area Neighborhood Street and Storm Drainage Improvements. Motion passed unanimously. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Yelich seconded adjournment of the City Council meeting at 8:32 p.m. Motion passed unanimously. i 03/12/07 -8- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION MARCH 12, 2007 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:40 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Mary O'Connor, and Mark Yelich. Also present were City Manager Curt Boganey, Fire Chief Ron Boman, and Deputy City Clerk Camille Warley. Councilmember Dan Ryan was absent and excused. LADDER TRUCK REPLACEMENT FIRE DEPARTMENT CITY MANAGER City Manager Curt Boganey introduced the item and reviewed the background information and funding sources. There was discussion on the purchase of a ladder truck where support for the purchase was indicated. Fire Chief Ron Boman discussed the uses and frequency of use of the vehicle. He commended City Manager Curt Boganey for providing the funding sources for fire equipment replacement. It was the majority consensus of the City Council to move forward with the ladder truck replacement. PROPOSED STREET IMPROVEMENT ALONG COUNTY ROAD 10 CITY MANAGER Mr. Blomstrom displayed and explained a map of County Road 10 extending to the west of Brooklyn Boulevard to County Road 81 in Crystal and explained the proposed street improvements. The City Council gathered around the map and discussed the proposed changes. There was a general consensus that the County should host neighborhood meetings regarding the proposal. POLLING PLACE CHANGES FOR PRECINCT 2— CITY MANAGER Mr. Boganey discussed reasons for the relocation of the Precinct 2 polling place. 03/12/07 -1- DRAFT It was the majority consensus of the City Councii to proceed with the relocation of the Precinct 2 polling place. Mr. Boganey was asked to verify that there would be adequate parking for students at the high school on Election Day: PROPOSED SPECIAL LEGISLATION FOR TAX INCREMENT DISTRICT 3—CITY MANAGER Mr. Boganey discussed the proposed special legislation for Ta�c Increment District #3 and discussed staff recommendations. The majority of the City Council was in agreement of the proposal. COUNCIL POSITION REGARDING NORTH METRO MAYORS ASSOCIATION LEGISLATIVE ISSUES CITY MANAGER a. ELECTED MET COUNCIL b. METRO SALES TAX Mr. Boganey discussed the background of the North Metro Mayors Association Legislative Issues and asked for the position of the City Council on the two bills. There was discussion on the two proposed bills where both support and concern was expressed for each of the bills. There was no consensus among the City Council regarding either of the proposed bills ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Yelich seconded adjournment of the City CounciUEconomic Development Authority Work Session at 9:43 p.m. Motion passed unanimously. 03/12/07 -2- DRAFT i �ity Council Agenda Item No. 7b COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager �y� FROM: Sharon Knutson, City Clerk i� DATE: March 20, 2007 SUBJECT: Licenses for Council Approval Recommendation: I recommend that the City Council approve the following list of licenses at its February 26, 2007, 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. SIGNHANGER Amtech Lighting Services 6077 Lake Elmo Ave, Stillwater Electro Neon Design 1680 99�' Lane NE, Blaine Franz Reprographics 2781 Freeway Blvd, Brooklyn Center Leroy Signs 6325 Welcome Ave N, Brooklyn Park MECHANICAL CO Carlson Air Cond Co 3449 2 Street N, Minneapolis Dave's Heating Air 1601 37 Ave NE, Columbia Heights Harris Companies 909 Montreal Circle, St. Paul LBP Mechanical 315 Royalston Ave N, Minneapolis Quality Refrigeration 6237 Penn Ave So, #100, Richfield RENTAL Renewal 1300 72 Ave N Marinela Scott Selseth NONE Budget Issues: There are no budget issues to consider. City Council Agenda Item No. 7c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director DATE: March 19, 2007 SUBJECT: RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2007 Recommendation: It is recommended that the City Council consider adoption of the attached resolution approving the contract between the City of Brooklyn Center and Law Enforcement Labor Services (LELS) Loca186 (Lieutenants/Sergeants) for the period January l, 2007 December 31, 2007. Background: The current contract with the subject union expired on December 31, 2006. The City and the Union have met and negotiated in good faith to reach a settlement on all issues of concern. The attached agreement has been approved by a vote of the members and upon adoption by the City Council will establish wages and working conditions for 2007. As has been the previous practice the City has attempted to maintain competitiveness in the market place by providing wages that were consistent with similar communities (i.e. the nine cities established in Council Policy 2.05.(3)A). The proposed adjustments will allow the City to maintain its competitive position. The Articles affected by these negotiations include the following: Article 28 Insurance Article 29 Wage Rates Article 35 Duration Budget Issues: The adopted budgets affected by this group of employees will accommodate the proposed increases. cc: Scott Bechthold January 3, 2007 Terry Herberg, Business Agent Law Enforcement Labor Services, Inc. 327 York Avenue St. Paul, MN 55101-4090 Dear Mr. Herberg: Listed below are the changes we've discussed for the tentative labor agreement for 2007. Article 35 Duration One-year contract January 1— December 3 l, 2007. Article 29 Wage Rates Sergeant —1/1/07 3% $50 2007 Wage Rate $36.863/hour Lieutenant —1/1/07 3% $50 2007 Wage Rate $7,175/month Article 28 Insurance Effective 1/1/07, the City will contribute payment of seven hundred thirty-one dollars and foriy- six cents ($731.46) per month per employee for use in participating in the City's insurance benefits. Please let me know if you have any questions. Sincerely, Kelli Wick Human Resources Directar cc: Tim Gannon, Union Steward Tom Boie, Union Steward Negotiations 1/07 LELS 86 City 20071ncreases 2008 Brooklyn Center 3% $50/mo none Crystal 3.5% Current agreement ends 12/31/07 Fridley 3% $50/mo none Golden Valley 3% 2% 1/1 2% 7/1 Maplewood unknown none New Hope 3% (proposed) 3% (proposed) Richfield 3% none Roseville 3% Current agreement ends 12/31/07 White Bear Lake 3% (proposed) none Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2007 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with LELS Local 86 (Lieutenants/Sergeants) for a contract for the year 2007 as attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with LELS Loca186 (Lieutenants/Sergeants) for calendar year 2007 with such language changes as may be necessary to clarify any terms, provided such language changes do not change the substance or monetary compensation set forth in the attached contract. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments shall become effective according to the schedule of the agreement which commences January l, 2007. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereo£ and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Master Labor Agreement Between City of Brooklyn Center And Law Enforcement Labor Services, Local Number 86 January 1, 2007 December 31, 2007 TABLE OF CONTENTS ARTICLE PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Employer Security 1 5 Employer Authority 2 6 Union Security 2 7 Savings Clause 2 8 Constitutional Protection 2 9 Seniority 2 10 Work Schedules 3 11 Discipline 4 12 Employee Rights Grievance Procedure 4 13 Overtime (Sergeant Classification) 6 14 Court Time 15 Call Back Time 16 Working Out of Classification 7 17 Standby Pay 8 18 Leaves of Absence g 19 Severance g 20 Injury on Duty 9 21 False Arrest Insurance g 22 Training 9 23 Post License Fees 9 24 Uniforms g 25 Holiday Leave 10 26 Vacation Leave 10 27 Sick Leave 11 28 Insurance 12 29 Wage Rates 12 30 Benefits for Retirees 13 31 Mileage and Expense Reimbursement 13 32 Light Duty 13 33 Retiree Health Savings Plan (RHSP) 13 34 Agreement Implementation 15 35 Waiver 15 36 Duration 15 ARTICLE 1- Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center, hereinafter called the Employer, and Law Enforcement Labor Services, "Local No. 86", hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/ar application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statues, Section 179A.03, Subdivision 6, for all police personnel in the following job classifications: Sergeant; Lieutenant 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 Definitions 3.1 Union: Law Enforcement Labor Services, "Local No. 86." 32 Union Member: A member of Law Enforcement Labor Services, "Local Na 86." 3.3 Department: The City of Brooklyn Center Police Department. 3.4 Employee: A member of the exclusively recognized bargaining unit. 3.5 Employer: The City of Brooklyn Center. 3.6 Chief: The Chief of the Brooklyn Center Police Deparhnent. 3.7 Union Officer: Officer elected or appointed by Law Enforcement Labor Services, "Local No. 86." 3.8 Overtime: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.9 Scheduled Shift: A consecutive wark period including rest breaks and a lunch break. 3.10 Rest Breaks: Period during the Scheduled Shift during which the employee remains on continual duty and is responsible for assigned duties. 3.11 Lunch Breaks: A period during the Scheduled Shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 Regular Base Pay Rate: The employee's hourly or monthly base pay rate. 3.13 Strike: Concerned action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. ARTICLE 4 Employer Security The Union agrees that during the life of this Agreement the Union will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the Employer. -1- ARTICLE 5 Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel, to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employrnent not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 6 Union Security 6.1 The Employer shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward ancUor alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7 Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Brooklyn Center. In the event any provision of the Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8 Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota Constitutions. ARTICLE 9 Seniority 9.1 Seniority shall be determined by continuous length of service in the job classification covered by this Agreement. Employees promoted from the classification covered by this Agreement to a position outside the bargaining unit will continue to accrue seniority under this Agreement until the completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in the job classification covered by this Agreement. Employees lose seniority under this Agreement under the -2- following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this Agreement after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 There shall be an initial probationary period for new employees of twelve (12) months. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. The Employer shall give the Union and the employees at least two (2) weeks written notice in advance of any layoff. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of the layoff before any new employee is hired. 9.4 Senior qualified employees shall be given shift assignment preference after twelve (12) months of continuous full-time employment. Except as noted in the preceding sentence, shift assignments shall be bid on the basis of seniority at least annually and after any permanent change in the work schedule. Employees will not be subject to shift rotation more often than every four (4) months. If a special assignment's position is created, assignment to such position shall be opened for bidding on the basis of seniority for up to a two-year assignment in such position. A person shall not be eligible to bid or be assigned to such special assignment position more often than two years out of any six continuous year periods. [A special assignment position is one out of the normal shift rotation with primary emphasis on patrol management.] 9.5 One continuous vacation period shall be selected on the �asis of seniority until April 1 of each calendar year. 9.6 The Employer shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 9.7 No time shall be deducted from an employees seniority accumulation due to absences occasioned by an authorized leave with pay, any military draft or government call-up to Reserves or National Guard, or for layoffs of less than two (2) years,in duration. ARTICLE 10 Work Schedules 10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: a. hours worked on assigned shifts, b. holidays, c. assigned training, and d. authorized leave time. 10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the actual hours used for such leave based on the time that the employee would otherwise have been scheduled to work. -3- 10.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE 11 Discipline 11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; c. suspension; d. demotion; or e. discharge. 11.2 Suspension, demotions, and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 11.5 A single disciplinary action for failure to attend training, court or tardiness will be removed from the personnel file after 18 months if, during that time, the single incident of discipline for failure to attend training, court or tardiness, is the only occurrence of discipline during that 18 month period. 11.6 Discharges will be preceded by a five (5) day suspension without pay. 11.7 For purposes of discipline, a day will mean eight (8) hours. 11.8 Employees will not be questioned concerning an investigation of proposed disciplinary action against the employee being questioned unless the employee has been given an opportunity to have a Union representative present at such questioning. 119 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 12. ARTICLE 12 Employee Rights Grievance Procedure 12.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 12.2 Union Representatives The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by 6.2 of this Agreement. -4- 12.3 Processing of a Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisar who has determined that such absence is reasonable and would not be detrimental to the wark programs of the Employer. 12.4 Procedure Grievances, as defined by Section 12.1, shall be resolved in conformance with the following procedure: 1. An Em lo ee claimin a vialation concernin the inte retation or a lication of this Step pP P Y g g Y P Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendax days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts I on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waive. Step 3• If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Ste 3 ievance. A ievance not resolved in Step 3 may be appealed to Step 4 within P ten (10) calendar days following the Employer-designated representative's final answer to Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual Agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of inediation shall be considered waived. -5- Step 4. A grievance unresolved in 5tep 3 or Step 3a and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 12.5 Arbitrator's Authority a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thiriy (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 12.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. ARTICLE 13 Overtime (Sergeant classification) 13.1 Employees will be compensated at one and one-half (1'/z) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. -6- 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid rivice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes.. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. 13.7 When employees have less than twelve (12) hours of duty-free time between assigned shifts, they will be compensated at a rate of one and one-half (1'/z) times the employee's regular base pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime, voluntary changes of shifts, City-contracted work, training, and court time are considered as duty-free time. The twelve (12) hour requirement may be waived by mutual Agreement between the Employee and the Police Administration. 13.8 As an option to monetary compensation for overtime, an employee may annually elect compensatory time off at a rate of one and one-half (1 %2) time. An employee's compensatory time bank shall not exceed forty (40) hours at any time during a calendar year. On or about December 1 of each year, the City will pay off by check the balance of compensatory time accumulated by each sergeant. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all employees by the Chief of Police at the employee's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer-designated supervisor. 13.9 Employees given less than sixteen (16) hours notice of a scheduled duty change other than their regularly scheduled work period shall be compensated at one and one-half (1 %z) times the employee's regular pay rate for hours worked outside of the scheduled work period. ARTICLE 14 Court Time An employee who is required to appear in court during their scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1 %z) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the three (3) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. An employee who is required to appear in court during their scheduled off-duty time shall be given 12 hours prior notification of cancellation of the court appearance. If the notification is not given 12 hours prior to the scheduled court time, the employee will receive the three (3) hour court time minimum. ARTICLE 15 Call Back Time An employee who is called to duty during their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half l Yz) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE 16 Working Out of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job -7- classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 17 Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE 18 Leaves of Absence 18.1 In cases of demonstrated need and where sick leave has not been abused, the Employer shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence, the Employer will not permanently fill the employee's position and the employee's benefits and rights shall be retained. 18.2 An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and compensation for regularly scheduled working hours lost because of jury service. 18.3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the Employer equal to the difference between his/her regular pay and the lesser military pay. 18.4 Employees called and ordered by proper authority to active military service in time of war ar other properly declared emergency shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status, and pay as if such leave had not been taken, subject to the specific provisions of Chapter 192 of the N1N Statutes. 18.5 Members of the baxgaining unit will receive such additional leaves as provided for under State or Federal law, as the same laws may be amended from time to time. 18.6 Additional leaves of absence may be granted in the City Manager's discretion upon the same terms and conditions as then applicable to non-Union employees pursuant to the City's Personnel policy applicable to non-Union employees at the time of application for a leave of absence. ARTICLE 19 Severance 19.1 An employee shall give the Employer two (2) weeks notice in writing before terminating his employment. 19.2 Severance pay in the amount of one-third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. -8- 19.3 Employees hired after 1/1/1992 and having 25 years of continuous service at the time of separation, shall be paid 40% of their accumulated sick leave into the City authorized RHSP. In the event that the retiree benefit in effect on September l, 2005 is completely eliminated by the employer for employees hired before 1/1/92, the sick leave severance pay for employees hired prior to 1/1/1992 and having 25 years of continuous service will be paid at 40% of their accumulated sick leave into the City authorized RHSP. If discharged for cause, severance pay shall not be allowed. ARTICLE 20 Injury on Duty Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the employee's regular pay and Workers' Compensation insurance payments for a period not to exceed 720 hours per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) working day waiting period shall be n insurance a ents. char ed to the em lo ee s sick leave account less Workers Com ensatio p ym g P Y p ARTICLE 21- False Arrest Insurance The City of Brooklyn Center shall maintain liability insurance that includes a provision for unlawfully detaining an individual when an employee is acting within the scope of their duties on behalf of the City of Brooklyn Center. ARTICLE 22 Training 22.1 The Employer shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, et se�c for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three (3) years. The Employer need not make such reimbursement for attendance at a course located less than sixty (60) miles from the City of Brooklyn Center and such reimbursement shall not exceed similar allowances for state employees. If the Employer provides in-service training to its employees which meets the continuing education rs Standards and Trainin Board and if the re u irements of the Minnesota Police Office g q vi it em lo ees with an o ortuni to attend such in-service training courses, Em lo er ro des s pp t}' P Y P P Y to the extent that such opportunity is provided to each employee, the obligation of the Em lo er to reimburse such em lo ee for ex enses incurred in attending continuing education P Y P Y P courses shall be reduced. 22.2 The Employer shall pay each employee their regular salary while attending continuing education courses whether or not such courses attended are in-service training courses or courses given by instructors other than the Employer. The obligation of the Employer to pay such salaries shall not exceed a total of forty-eight (48) Hours every three (3) years. ARTICLE 23 Post License Fees The Employer shall pay up to $90 for the cost of POST license fees for all employees requiring such license during each licensing period. ARTICLE 24 Uniforms The Employer shall provide required uniform and equipment items. In addition, the Employer shall -9- pay to the uniformed officers a maintenance allowance of $125 per year. Plainclothes officer(s) shall be paid a clothing allowance of $560 per year. 2 Holida Leave ARTICLE 5 y 25.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety-six (96) hours of holiday leave shall be advanced to employees on January 1 St of each calendar year beginning on January l 2002. In the event an employee is not employed for the entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for each full month that the employee will not have worked in that calendar year. 25.2 Employees may use holiday leave with the approval of the Employer. 25.3 An employee who works on Martin Luther King, Jr. Day, Memorial Day, Independence Day, or Labor Day shall receive time and one-half (1'/z) employee's regular pay rate for all hours actually worked during the named holiday. I 25.4 An employee who works on New Year s Day, Thanksgiving Day, or Christmas Day shall receive two times the employee's regular pay rate for all hours actually worked during the named holiday. 25.5 Except as provided in 25.3, overtime pay shall not be authorized for employees for hours warked on holidays when such work is part of the planned schedule. 25.6 An employee may request a holiday off, which he/she is required to work, prior to fourteen calendar days before the holiday. The Employer shall post the open holiday shift to be filled b another em lo ee at the holida rate of a. The em loyee making the request for the Y P Y Y PY P holida off is res onsible for workin the holida if the ostin is not filled five 5 days Y P g Y P g prior to the holiday. 25.7 Employees beginning employment after January l of a calendar year shall receive eight (8) hours of holiday leave per month beginning on the first month in which they are working as of the first day of that month. Such employees shall receive an advance of holiday leave hours equal to eight (8) hours multiplied by the number of whole months they will work through December of the year in which they were first employed. 25.8 Any holiday leave not used on or before December 31 of each year will be deemed forfeited and shall not carry over into the next calendar year. ARTICLE 26 Vacation Leave 26.1 Permanent full-time employees shall earn vacation leave with pay as per the following schedule: 0 through 10 years of service one hundred twenty (120) hours per year (accrued at 4.62 hours per pay period) eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours after fifteen (15) years of service -10- 11 years 4.92 hours per pay period 12 years 5.23 hours per pay period i 13 ears 5.54 hours er a eriod Y P P YP 14 years 5.85 hours per pay period 15 years 6.15 hours per pay period 26.2 Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. 26.3 Vacation may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. Employees shall not be permitted to waive vacation leave and receive double pay. 26.4 Employees with less than five (5) years of service may accrue a maximum of one hundred twenty (120) hours of vacation leave. Employees with more than five (5) but less than fifteen 15 consecutive ears of service uninterru ted exce t for la off not exceedin two Y P P Y g I um of one hundred six (2) years duration m any smgle layoff penod) may accrue a maxim ty (160) hours of vacation leave. Employees with fifteen (15) consecutive years or more of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of two hundred thirty (230) hours of vacation leave. 26.5 Employees leaving the service of the Employer in good standing, after having given the Employer proper notice of termination of employment, shall be compensated for vacation leave accrued and unused. ARTICLE 27 Sick Leave 27.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or 96 hours per year (computed at 3.69 hours per pay period) of full-time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 27.2 Sick leave shall be used normally for absence from duty because of personal illness or legal quarantine of the employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents-in-law, spouse, or children of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers-in-law, sisters-in-law, grandparents, grandparents-in-law, and grandchildren of the employee. 27.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety-six (96) hours per year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69 hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty- eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or twenty-four (24) hours per year (computed at .925 hours per pay period). Employees using earned vacation or sick leave shall be considered to be working -11- for the purpose of accumulating additional sick leave. Workers` Compensation benefits shall be credited against the compensation due employees utilizing sick leave., lo ee must: 27.4 In order to be eligible for sick leave with pay, an emp y a. notify the Employer prior to the time set for the beginning of their normal scheduled shift; b. keep the Employer informed of their condition if the absence is of more than three (3) days duration; c. submit medical certificates for absenc�s exceeding three (3) days, if required by the Employer. 27.5 Employees abusing sick leave shall be subject to disciplinary action. ARTICLE 28 Insurance 28.1 2007 Full-time employees Effective 1/1/07, the City will contribute payment of seven hundred thirty-one dollars and forty-six c,ents ($731.46) per month per employee for use in participating in the City's insurance benefits. 28.2 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Cafeteria Benefit Plan. The Employer will make a good faith effort to provide the following options for employee selection: group dental, supplemental life, long-term disability, deferred compensation or cash benefits. The Employer will be excused from the requirement of offering a particular option where such becomes unfeasible because of conditions imposed by an insurance carrier or because of other circumstances beyond the City's control. ARTICLE 29 Wa e Rates g Ser�eant- Date Sergeant Rate 1/1/07 3% $50/month $36.86/hour Lieutenant I Date Lieutenant Rate I 1/1/07 3% $50/month I $6,854 $7176/month hires in the Lieutenant classification will be aid at minimum starting wage, be on probation New p for one year and after successful completion of probation will receive a pay increase to the maximum pay. -12- ARTICLE 30 Benefits for Retirees Retirees at the time of retirement, shall receive the same options and level of City contribution for insurance coverage upon retirement as are provided by the City's Personnel Policy covering non- Union employees as such options and contributions may be changed by the City from time to time. ARTICLE 31- Mileage and Expense Reimbursement Employees shall receive the same mileage and expense reimbursement rates upon the same terms and conditions as generally provided in the City's Personnel Policy covering non-Union employees as such policy may be changed by the City from time to time. ARTICLE 32 Light Duty Members of the bargaining unit will be eligible for temporary light duty assignment upon approval of the City Manager upon such terms and conditions as would apply to non-Union employees of the City as set forth in the City's personnel policy, as the same may be amended from time to time by the City. ARTICLE 33 Retiree Health Savings Plan (RHSP) The Retiree Health Savings Plan (RHSP) is established to help defray the cost of inedical expenses and health insurance premiums for employees, spouses and dependents after the employee leaves employment with the City of Brooklyn Center. 1. Participation Eligibility Regular full-time benefit earning employees may have contributions made on their behalf into the RHSP. Participants must be 21 years of age or older. Unless noted otherwise in this policy, the minimum period of service required to participate in the plan is 60 days. Every eligible employee in an employee group is required to participate in the RHSP for their group as outlined in this applicable labor agreement. 2. RHSP Contributions When appropriate, each employee will have an account established in his or her name. i Unless specifically noted otherwise, contributions (and earnings) to an employee's RHSP account are not taxable income. 3. Accessing Funds a. Employees may access the funds in their RHSP account when they are eligible to retire under the Public Employees Retirement Association's (PERA) rules. b. Unless prohibited by the IRS, employees leaving employment with the City prior to I ons noted below ma make being eligible for retirement through PERA, for the reas y withdrawals on a tax-free basis for eligible health-related expenses. Upon termination of employment. If employee is collecting a disability. If employee is on a medical leave (six months or loriger) If employee is on a leave of absence (one year ar longer) -13- If the em lo ee returns to work and is earnin medical benefits, they are no longer P Y g eligible to make withdrawals from their RHSP account. The IRS does not allow these funds to be rolled into an other e of plan, including Y tYP an IlZA. c. Access following death. The surviving spouse and eligible dependents continue to access the account for eligible expense reimbursements until the RHSP account is exhausted. Such reimbursements are not taxable. Unless prohibited by the IRS, reimbursements may also be made to a beneficiary other than a surviving spouse or eligible dependent. However, such reimbursements would be taxable to the recipient. 4. Eligible Expenses Reimbursed by Plan Funds in a RHSP account may be used to reimburse: 1. Insurance premiums (health insurance premiums, Medicare supplemental insurance premiums, Medicare Part B insurance premiums, COBR.A and Chapter 488 insurance premiums, long term care insurance premiums (not long term care expenses), and dental insurance premiums. 2. Most qualifying medical expens�s as defined in Internal Revenue Code Section 213 (i.e. medical costs that would otherwise be deductible to the employee on his or her individual income ta�c return). A third-party claims administrator hired by ICMA-RC will handle claims administration. 5. No Opt-out Employees and retirees in groups covered by the RHSP program are not permitted to opt-out of the program. Participation is mandatory. 6. Program Administration Along with the Human Resources Division, the ICMA Retirement Corporation will administer the RHSP program. The employee controls how the money is invested similar to his or her Section 457 deferred compensation program: The employee receives an account statement each quarter from ICMA for his or her RHSP account. 7. Administrative Fees Please contact ICMA for current administrative and mutual fund fees. 8. Plan Modifications e lan P as well as other features of th ation of the RHS P The details of ICMA-RC s admimstr are set forth in the RHSP materials provided by ICMA-RC. These details and IRS I regulations regarding the RHSP may be revised, necessitating the revision to this policy or other agreements between employee groups and the City. The City reserves the right to modify its policy to comply with any other regulations regarding the plan and to add contribution requirements. -14- i, 9. Contribution Formulas 1. Election for Pre-Tax Contributions from Compensation. Employees may elect to contribute up to 25% of their compensation. This is a one-time, irrevocable election. Employees must make this decision during the open enrollment period. 2. Severance Pay. Employees who qualify to receive severance pay and vacation pay upon retiring or leaving the city in good standing, as defined by the current Labor Agreement, will designate from 0% to 100% (in 10% increments) to be placed in their individual RHSP accounts at the time of retirement or resignation. This is an irrevocable election. Employees must make this decision during the open enrollment period prior to the beginning of the year in which they will retire. ARTICLE 34 Agreement Implementation Employer shall implement the terms of this Agreement in the form of a resolution. If the implementation of the terms of this Agreement require the adoption of a law, ordinance, or charter amendment, the Employer shall make every reasonable effort to propose and secure the enactment of such law, ardinance, resolution, or charter amendment. ARTICLE 35 Waiver 35.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded 35.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 36 Duration This Agreement shall be effective as of January 1, 2007 and shall remain in full force and effect until the thiriy-first (31) day of December 2007, as noted in the contract. IN WITNESS THERETO, the parties have caused this Agreement to be executed this day of 2007. -15- FOR LAW ENFORCEMENT LABOR SERVICES NO. 86 Business Agent Union Steward Union President FOR THE CITY OF BROOKLYN CENTER Mayor City Manager -16- Ci Council A enda Itern No. 7d �Y g COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Todd Blomstrom, Director of Public Works DATE: Mareh 19, 2007 SUBJECT: Resolution Setting Courtesy Bench Inspection and Permit Fees and Establishing Corridors Prohibiting Courtesy Benches for 2007-2008 Recommendation: Public Works staff recommends that the Brooklyn Center City Council adopt the attached resolution setting the Courtesy Bench inspection fee at $60 per bench and the annual permit fee at $36.00 per bench and establishing the proposed corridors that prohibit the placement of courtesy benches for 2007-2008. Backgraund: Chapter 23 of the Brooklyn Center City Ordinances provides for the regulation of courtesy benches placed within the public right of way. Persons wishing to place a courtesy bench are required to make application to the City Clerk. Each application must be accompanied by an inspection fee, as set forth by City Council resolution, for each such bench. If the application is approved, an additional permit fee is required in the amount as set forth by City Council resolution for each bench at the time the permit is issued. The inspection fees and permit fees for courtesy benches were last revised on Juty 12, 2004 by City Council Resolution 2004-95. This resolution established the inspection fee at $55.00 per bench and the annual permit fee at $33.00 per bench. The resolution also established the comdors where courtesy benches were not allowed within the public right of way for public safety ar aesthetic reasons. The attached resolution would increase the inspection fee to $60.00 per bench and the annual permit fee to $36.00 per bench. The resolution would also establish certain corridors that prohibit the placement of courtesy benches based on the staff recommendation from 2004 and additional corridor areas as currently recommended by City staff. Budget Issues: Since 2001, U.S. Bench Corporation is the only company that has placed courtesy benches in Brooklyn Center. Currently they have 40 benches in plaee producing xevenues of approximately $1,320.00 annually to the City of Brooklyn Center. Staff proposes the removal of four benches at various Iocations where Metro Transit bus shelters are now provided and the removal of five benches that are located on center medians or locations where there is no demonstrated demand by the public for the courtesy benches. Courtesy Bench Agenda Item City of Brooklyn Center Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING COURTESY BENCH INSPECTION AND PERMIT FEES, AND ESTABLISHING CORRIDORS PROHIBITING COURTESY BENCHES FOR 2007-2008 WHEREAS, Chapter 23 of the City of Brooklyn Center Ordinances provides far the regulation of courtesy benches placed within the public right of way; and WHEREAS, Section 23-903 provides for the establishment of inspection fees and permit fees for the placement of courtesy benches within the public right of way; and WHEREAS, Section 23-904 provides far the prahibition of courtesy benches in any alley, or any locations, districts, or zones as established by the City Council; and WHEREAS, the City Council desires to establish certain corridors where courtesy benches are not allowed within the public right of way due for public safety or aesthetic reasons. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Pursuant to Section 23-903, the courtesy bench inspection fee shail be $60 per bench and the courtesy bench annual permit fee shall be $36 per bench effective April l, 2007. 2. The placement of privately owned courtesy benches within the public right of way shall be prohibited in the following locations during the 2007-2008 permit period: Brooklyn Boulevard from 65 Avenue to the north City limits; 69 Avenue North from Brooklyn Boulevard to Shingle Creek Parkway; Shingle Creek Parkway from Interstate 694 to County Road 10; Shingle Creek Parkway from 67 Avenue to 69 Avenue; France Avenue from 47 Avenue to Azelia Avenue; France Avenue from 50` Avenue to 53 Avenue; France Avenue from 69`" Avenue to 73 Avenue; Earle Brown Drive, Summit Drive, and John Martin Drive in their entirety; center medians of Xences Avenue from 59 Avenue to 65 Avenue; Northwest corner of �en�es Avenue at 55"' and 56 Avenue; Southwest corner of Hwy. 252 at 66 and 73 Avenues; and the Northeast corner of Hwy. 252 at 66 Avenue. RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly secanded 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. C ncil A enda Item No. 8 it Cou Y g No Presentations are Scheduled for this City Council Meeting City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Todd Blomstrom Director of Public Works Cit En ineer Y g DATE: March 21, 2007 SUBJECT: An Ordinance Vacating an Easement within Portions of Lot 4 and Lot 5, Block 5, Lakebreeze Addition, 4821 Twin Lake Avenue North Recommendation: Public Works staff recommends that the Brooklyn Center City Council proceed with the public hearing to consider an ordinance vacating certain portions of an easement located over Lot 4 and Lot 5, Block 5, Lakebreeze Addition. Upon closing the public hearing, staff recommends that the City Council table eonsideration of this ordinance until the April 9, 2007 Council meeting to allow staff and the applicant to execute the replacement easement as further described below. Back round: g The City of Brooklyn Center has received a request from Global Construction Investment Company to vacate existing easement over the property located at 4821 Twin Lake Avenue North to allow redevelopment of the site and construction of a twin home building structure. This redevelopment projeet was previously reviewed and approved by the City Council as part of Planning Commission Application 2006-013. On February 26, 2007 the City Council conducted a first reading of the proposed ordinance and called for a public hearing on Mareh 26, 2007. The attached ordinance is offered for consideration by the Council. Tl�e applicant will dedicate a new drainage and utility easement over the existing sanitary sewer located within the property to allow access for operation and maintenance activities in the future. Engineering staff experienced delays in preparing this easement due to the recent workload in completing the 2007 street projects for the current bidding process. We are also awaiting property title work from the applicant for the easement documents. Staff will work with applicant to prepare the easement over the next two weeks. The new easement document should be available for execution prior to the Council meeting on Apri19, 2007: Budget Issues: City Ordinance 25-701 requires the applicant to pay a cash fee of $125 as part of the application process to vacate the existing easement. Easement Vacation �iction 4821 Twin Lake Avenue City ofBrooklyn Center CITY OF BROOKLYN CENTER Notiee is hereby given that a public hearing will be held on the 26th day af March, 2007, at 7 p.m. or as soon thereafter as the matter may be heazd at the Gity Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating a portion of easement within Lot 4 and Lot 5, Biock 5, Lakebreeze Addition, 4821 Twin Lake Avenue North. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING AN EASEMENT WITHIN PORTIONS OF LOT 4 AND LOT 5, BLOCK 5, LAKEBREEZE ADDITION THE CTTY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES �RDAIN AS FOLLOWS: Section 1. Easement as described in Subsections 1.1 is hereby vacated: Subsection l.l. That part of easement recorded as Document No. 3290059, Hennepin County: Beginning at a point 12.50 feet west of the southeast corner of Lot 4, Block 5, Lakebreeze Addition, thence westerly 21.17 feet along the south line of said lot, thence northwesterly to a point that is 47.33 feet west of the northeast corner thereof, thence easterly a distance of 22.23 feet along the north line of said lot, thence southeasterly to the point of beginning; and of Lot 5 Block 5 B e i n n i n a t a o i n t 2 5 f e e t w e s t o f t h e s o u t h e a s t c o rn e r g g P L a ke breeze A d dition on t he sout h line o f sai d lo t, t hence 2 22 3 fee t wes ter ly along said lot line, thence northerly to a point on the north line of the south one-half of said lot and 46.25 feet westerly of the east line thereof, thence easterty 15 feet along the north line of the south one-half of said lot, thence southeasterly to the point of beginning; Which lies North of a line 8 feet North of and parallel to the South line of said Lot 4 and which lies South of the North line of the South Half of said Lot 5. Section 2. Notwithstanding the legal description provided above, it is the express intent of the City not to vacate any street, utility, drainage or walkway easements located within the North one-half of Lot 5, Block 5 Lakebreeze Addition or within the that portion of land lying South of a line located 8 feet north of and parallel to the South line of Lot 4, Block 5, Lakebreeze Addition. ORDINANCE NO. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication and after recording of a new 25 foot wide drainage and utility easement over the alignment of the sanitary sewer located within portions of Lot 4 and Lot 5, Block 5, Lakebreeze Addition. Adopted this day of 2007. Mayar ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) o�oo:� ianen,�LCOnsr�eucnori AD VANCE SUR VEYING ENGINEERING CD. {.EGAL DESCRIP[70N OF PART OF EXISTR7G EASFMENf 70 BE VACATED: 5)OD 5. Hwy. No.101 Mirmelonk�, MN SSNS Phone (9S2) 47479N .F�a (952)171-81b7 Tiw� pen of We folbwiug dnrnbed p�cels SURVEY FOR: GLOBAL CONSTRUCTION Begim��ing u� p�iat 1250 feet wcu u[ the souihou uxna of Ld 1. Block 3. Wce6�e Additian tl�ena Weuerly Z I.17 Rn Ylong tAt sowh IiM of wid Ia, Jimce terly �o B Sl1RV EYED: luly, 200l. DMFTED: luly 12. 2006 puim Wu is 17.33 fea wat ol We ourWe�tt euma Itiaeuf, t6mca eutviy dicUOee of 2233 REYISED: Uecember 12. 2006 tu Wd euemnn per duc. mi- 3286377 fm ilaµ tbe notth line of uid Id, thrnce wuthasterly �o the point of beginning; and REVISEG: }muuy 24. 2007 �o �dd exiriog md proposed eosemem dcuriptioo. REV ISED: Febnwry 6,1007 �o propoae v�ening �all o! exisriny e+aemm� an �erty wd crcning Begiiu++ioj u� puiM 25 feet vroat of the wutbeut cwuv of Lw S, Block S, Lakehreae new uoe at Ciry's �equeu. Additioo m the aout6 lioe al�+id 101, Wmce 2233 fen wntaiy dwg crid IW line thence REVISED: Febrmuy 6. 2007 to cmren typo io IegA of v�cned auemml Somh, na Nmt6 uid to nonberly m� poinc mi tl�e north line of ehe south aie-lulf of s�id la md 06.23 fea weualy of pnrvide cupy shuwing untY prupus�l w vauu ond w currea tl�e leyds W bc vanted Ynd pru�w�sed We eau lioe �heieo4 Wmce e+etafy I S fea dong the oort6li,rc of t6e a�w�h ooe-hdf of seid W go W �Ae NwN lins of �de Soul6 Hdf of Lot S. lal, Mmce mutheastaly W tAe poiM of beginning. LEGAL DESCRlPT10N: W6ic61in nwth of lioc 8 feet oort6 of aod pualld io the Sout6line of said Ld 1 md w6icb lin Thai put uf LW l lying Nwt6 uf Ne Sawh N fte� ihereuf AND t6e Suut6 half uf LW 5, Bluek S, SouW oC We Nmth lioe of t6e Sowb Hdf oCsaid Lat 5. Hmnq�in Counry. Minnewu. yE T LEGAL DfSCAlPT10N Of EXiSTING FASEMENT: Begi�miog �l poin� 12.50 Poa weu uf We uwtheu� coma of La 4, Bloek 5, Wce6reru Addition,lhmce weuttFy 21.17 teet �long �he wuth line of sYid la. dicnce'wrMwestoly to puim th�� is q33 feel weq of t6c rwrtAna� wmer 16ereof, ILma pNerly disunu uf 2733 feel dong the oan6 t'vrc of �dd la: t6ence wuUmaslerly �o thc �wiM of 6qpnnio�{; Yod Begianiog u� puint 25 feel wep of the wul6cwi cumv u( Lut 5, Bluct S, Lvicebrares Addiriun oe ilic south line of uid l04 ��e 22.13 fa� wa�nly dong s.id la �'urc t6mce northaly �o poio� qn �6e nunh lioe uf ehe tsw�h uoe-hJf of yid lut �nd 16.25 fea vrerterly of die eW line tAertvf, d�ence naerly 1 S feel dood We �ih IiM of the somA one-hdf of a�id la, ihmcc sout6euter�y w .'___.'-__"_""'_.•xo--.-._._ �hc poiM of beyinniny. I 1 I LEGAL DESCAIPTION OF PROPOSED EASEMENL Bcymung n� pouN on d+e Non6 �ine oE t6e Sou�h Hilf of La 3, Block S, Wccbreae Additioq I I a�id puim beinQ 46.23 fcn wenerly [rum Wt ounheui cwna uf uid S�wN Hiltu�d We puint of begim�ieg of line 4mein�tla rePored W u Line "A": �haiee wu�eufe�iy �duo� uid Line'A" in 1 m str�i�ln line ro� poin� on line ka north of ud prt�lld w thc wuth line af uid La 1 which lio yK M I 29.93 ka� wpterly fiapq u muwnd �long uid pu�llel IiM. Eum tbs iotenecti�w uf �id pWIN A'��� i�� C line wi�h t6e w� line o(��id Ld Ynd wid Line "A" ihve imnm�ting; t6mce sWaly �loog srid g, I �I �nnllet IiM w�n inemecti�m with lioe 23 /en nurtheauwly uf u�d pudlet w wd Line "A": lt I p� �t f e DC I im thence ounhweuerly �od �wallel wi�A wd lioe �A� IU N YIIQXUl00 W1Ib �Lt IIOf1I1 IIOC �YIA I MI1 N w SwM Hdf, IAmcr wwerly +Iuny sYid nurth line tu �he �uiM u(berimriny. j y� 9 l �ar uv.rnw IIMITATIONSlNO7E5: °i LOl' ,P✓`j` 1•� o"a 1. Sbowio�{ t6e Imph ud di,ec�ioo of bouodivy li� of �6s �bovs kyol decriplian 7Ls �cqs t 4 n e a uf uur �ervicn Mut nul include delmnininy wAN yuu �m, whicA u� Iey�l m�ttn. Pleut ehmt 1•\�' G �p ihe IcBal descnplim wi16 Yuur rtcatds or eamWl with legal cauo�el. if necessary. lo 1 t� fiE mYlee sura �hN it is cunecl. �nd IhH m y mrttera uf recurd, sucA �u enaammtc. tlut y u ti wiaA aM,an i�. 1 E� o v E O a I 1 unlheaurvey.Wrebemshown. 8�� d ExiSnr�C Ur+Etur�c 0 3 10 BE 2. Showing t6s localion of exislioe 'vnprovnoenu we denned importmt. ���J' g�oyEp 7. Smint new munummn m veriryie` uld e �u maAc Me cumerc uf t6e pruperty. w l �s x y u m 1. Showin� de.�tiaos m �be site �t sel«�ed locuions io sire swne iodic�tioe o(�he topop�p6Y ib� a L yf of �he sita Tlu elev�tions �hown rel+tc only m tAe brnchmark provided m this survry. Uae'hw Q r o 9 i 4� Eeochmufe �od cAeck n le�s� une utha fntwe slwwn un �M1e m�p w6m de�amining whv I ���v.���, ,''LOl N STANOANDSYMBOLSl.CONVEN710NS: Omotra I/1" ID pipe wi�6 plutie plug beuing Swe Licrnu Number 9235. set, uolw 1 i athmvisenoted �Y� j 'Q� I L �wi s uw�ar ,a I 'L.... ez�w aw�. ��f 1 .'IIO�Op A t YIt lm t hereby catify �hqt �hi� plro, �pr.:ifi�tition. rcpon a survey ww prepxred by me m i unda my direct cuparvuion +od thrt 1 am Gceneed Profes+ionrl Fnpoeer wd 1°m an V Prokafional Surveyor wida Ibe bws a(16e S�ale of Mionada. ,-l�'� s --N9.38-- 1 1 -"R� a �y T� 8 B9U2'20' E 4 L 7o I H. Parkn P.E. k P.S. No. 9235 u��---',---'- I y u�'� I i C i osr �r I I LOl �o I 1 I W i° r r GRAPHIC SCALE m o ,o w +o r��-�� ar rast 1 D�C. NO. 07'00,29 i City Council Agenda Item No. 9b i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Todd Blomstrom, Director of Public Works City Engineer �1 DATE: March 20, 2007 i SUBJECT: Public Hearing Certifying Special Assessments for Improvernent Project Nos. 200?-OS and 06 Riverwood Area Nei borhood Street and Storm Drainage Improvements for 7124 Riverdale Rd, 7118 Riverdale Rd, 7200 Riverdale Rd, 7206 Riverdale Rd and 6842 West River Rd to the Hennepin County Tax Rolls Resolution Amending Levy Nos. 16816 and 16817 and Certifying Special N 2007-OS 06 Riverwood Assessments for Im rovement Pro'ect os P J Area Neighborhood Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Recommendation: Pubhc Works staff recommends that the Brooklyn Center Crty Council conduct a public hearing and approve the attached resolution amending Levy Nos. 16816 and 16817 for the Riverwood Area Neighborhood Street and Utility Improvements to mclude five properties that were previously removed from the levy roll and certify the speeial assessments far the project to the Hennepin County Tax Rolls. Background: A series of two public hearings were held at the February 12, 2007 Council meeting. Following the first hearing the City Council ordered improvements and authorized development of plans and specifications for Improvement Projeet Nos. 2007-05, 06, 07, and 08, Riverwood Area Neighborhood Street, Storm Drainage, and Utility Improvements. The second hearing was to consider certificatian of proposed special assessments for street and storm drainage improvements for Improvement Praj ect Nos. 2007-OS and 2007-06 The following five properties were removed from the assessment rolls for further review: 7124 Riverdale Rd, 7118 Riverdale Rd, '7200 Riverdale Rd, 7206 Riverdale Rd. and 6842 West River Rd. �I City Council Agenda Item for Riverwoad Area Neighborhood City of Brooklyn Center These five Rl zoned properties were previously identified as legally subdividable. The project Feasibility Repart designated multiple R1 unit assessrnents based on the number of lots that the property could be subdivided based on current zoning regulations. Staff conducted meetings with each of the five individual property owners shortly following the public hearing on March 26, 2007. Engineering staff also reviewed the properties with the City's Planning and Zoning Specialist. Below is a brief surnmary of the findings for each property. 1. 6842 West River Road This Rl zoned property is approximately 1.5 acres in size with approximately 2a0 feet of frontage on both Willow Lane and West River Road. The property could potentially be subdivided into four (4) lots under the current zoning requirements for R1 zoned land. All four potential lots would have frontage onto public right- of-way. The property received one (1) R1 unit assessment in 1990 during construction of West River Road. Staff is recommending that the p� receive credit for the one unit assessment certified in 1990, resulting in three R1 unit assessments for the 2007 Riverwood Area Neighborhood Improvements cansistent with the original special assessment levy rolL 2. 7124 Riverdale Road This R1 zoned property is approximately 1.01 acres in size. The property has access to Willow Lane through a segment of dedicated public right-of-way. The property could potentially be subdivided inta two (2) lots under the current zoning requirements for R1 zoned land. The property is of sufficient size to atlow dedication of additional public right-of-way to allow aecess to the new lot that would be created with future subdivision of the property. Staff is recommending that the property receive special assessments for two (2) R� unit assessments far the 2007 Riverwaod Area Neighborhood Improvements consistent with the original special assessment levy roll. 3. 7118 Riverdale Road This R1 zoned property is approximately 1.04 acres in size with approximately 2Q5 feet of frontage along Riverdale Road. The property could potentially be subdivided into two (2) lots under the current zoning requirements for R1 zoned land. The resulting subdivision would result in both lots having frontage along Riverdale Road. The owner has stated that he currently has no intentions of subdividing the lot. However, the current owner or any new owner of the property may decide in the future to subdivide this lot. Staff is therefore recommending that the property receive special assessments for two (2) R1 unit assessments for the 2007 Riverwood Area Neighborhood Improvements consistent with the original special assessment levy ro1L City Council Agenda Item for Riverwood Area Neighborhood City of Brooklyn Center i 4. 7200 Riverdale Road This Rl zoned property is approximately 0.$1 acres in size with approximately 102 feet of frontage along Riverdale Road. The parcel is of sufficient size to potentially subdivide, but the additional lot would need to be located without direct frontage on Riverdale Road. Approval of this subdivision would require special consideration by the City Council to allow the new lot without direct access to public right-of-way. Dedication of right-of: way along the side lot line to resolve this issue would result in an encroachment of the existing home into the setback requirements. The property owner has informed staff that they have no interest in subdividing the lot or seeking special consideration for the access exception as indicated above. Due to these limitations, staff is recommending that the proposed special assessments for 7200 Riverdale Road be adjusted to reflect only one (1) R1 unit assessment. 5. 7206 Riverdale Road This Rl zoned property is approximately 0.79 acres in size with approximately 103 feet of frontage along Riverdale Road. The parcel is of sufficient size to potentially subdivide, but the additional lot would need to be oriented without direct frontage on Riverdale Road. Approval of this subdivisipn would require special consideration by the City Council to allow the new lot without direct access to public right-of-way. Dedication of right-of-way along the side lot line to resolve this issue would result in an encroachment of the existing home into the setback requirements. The property owner has informed staff that they have no interest in subdividing the lot or seeking special consideration for the access exception as indicated above. Due to these lirnitations, staff is recommending that the proposed special assessments for 7206 Riverdale Road be adjusted to reflect only one (1) R1 unit assessment. Staff recommends that a brief presentation be provided to the City Council prior to the proposed public hearing on March 26, 2007. The presentation would summarize staff review of the properties and the individual discussions conducted with each of the property owners. Budget Issues: The proposed special assessments relate to the funding for the Riverwood Area Neighborhood Street and Utility Improvement Project. The total special assessment amounts previously identified for the five properties is $45,760. The total special assessments for the five properties would be reduced to $37,440 based on the staff recommendations listed above. The estimated project eost is $4,771,000. City Council Agenda Item for Riverwood Area Neighborhood Ciry ofBrooklyn Center Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING LEVY NOS. 16816 AND 16817 AND CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2007-OS AND 2007- 06, RNERWOOD AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, Speeial Assessments for Improvement Project Nos. 2007-OS and 06, Riverwood Area Neighborhood Street and Storm Drainage Improvernents were certified by the City Council on February 12, 2007, with the exception of five properties; and WHEREAS, it was the majority consensus of the City Council to remove the following properties from the assessment list so that further review could take place: 7124 Riverdale Road, 7118 Riverdale Road, 7200 Riverdale Road, 7206 Riverdale Road, and 6842 West River Road; and WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed amended Special Assessment Levy Nos. 16816 and 16817 NOW THEREFORE BE IT RESOLVED b the Cit Council of the City of Y Y Brooklyn Center, Minnesota that: 1. The following special assessments are hereby added to Levy Nos. 16816 and 16817: Address Levv #16816 Lew #16817 PID# 7124 Riverdale Rd $6,400.00 $1,920.0� 25 1 1 92 1 4 1 0003 ?118RiverdaleRd $6,400.00 $1,920.00 25119214T0004 7200 Riverdale Rd $3,200.00 960.00 2511921410009 7206 Riverdale Rd $3,200.00 960.00 2511921410030 6842 West River Rd $9,600.00 $2,880.00 361192ll 20011 2. Such assessments shall be payable in equal annual installments extending over a period of ten (10) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 2008, and shall bear interest on the entire assessment at the rate of six (6.0) percent per annum from October 1, 2007 through December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. RESOLUTION NO. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before September 30, 2007. After September 30, 2007, he or she may pay the total assessment, plus interest. Interest will accumulate from October l, 2007 through the date of payment. Such payment must be made by the close-of- business November 29, 2007, or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off the balance at some point in the futnre, such payment must be made before November 15 or interest will be charged thraugh December 31 of the sueceeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper t� lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayar ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member �nd 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. GI�1' QF �ROOKk.YN C�F�T�R AMEND�R CER7IFI�{3 i�SS�SSMEfVT RO�.I, 3/26/2bt1T;.:.: RIY�RWOOD �EIGWBORHOOD IMPF�O�/�AIF�T PI�Q:lEGT�QQ7-05:&"06 pF�OR�R'C� IF) ;%k[7bI�ESS ;�.�VY� ;:StEt�E'� L��'1f ,STD[�IV�: I I I PID: 2511921410001 �7243 RIVERDALE RD 16816 $3,200.00� 168171 $960.00 PID: 2511921410003 �7124 RNERDALE RD 16816 $6 ,400.001 168171 $�,9�0.00 PID:25119214t0004 �7118 RIVERDAIE RD I 16816 $6,400.00� 16817I $1,920.00 PID: 2511921410005 (7136 WILLOW LA N 16816 $3,200.OQ� 16817� $960.00 PID: 2511921410006 �7130 WILLOW LA N 16816 $3 ,200.00I 168171 $960.00 PID: 2511921410009 �7200 RIVERDALE RD 16816 $3,200A0� 16817 $960.00 PID: 2511921410010 I7201 WIL�OW LA N I 16816 I $3,200.001 16817 $960.00 PID: 2511921410011 �7200 WILLOW LA N I 16816 I $3,200.001 16817I $960.OQ PID:251192141Q012 �7207RIVERDALERD 16816 $3,200.00{ 16817� $960.00 PID: 2511921410013 �7201 RIVERDALE RO I 16816 $3,200.00� 16817� $960.00 PID: 2511921410014 �7125 RIVERDALE RD 16816 $3,200.00� 168171 $960.00 PID: 2511921410015 7119 RIVERDALE RD 16816 $3,200.00� 16817f $960.00 PID: 2511921410017 7125 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 2511921410018 �7119 WILLOW LA N 16816 $3,200.00' 16817� $960,00 Pid: 2511921410019 �7113 WILLOW LA N I 16816 $3,200.00� 16817� $960.00 PID: 251192141Q020 �7109 WILLOW LA N 16816 $3,200.00� 168171 $960.00 PID: 2511921410021 �7105 WILLOW LA N 16816 $3 ,200.00� 16817) $960.00 PID: 2511921410022 �7101 WILLOW LA N I 16816 $3,200.00� 16817� $96Q.00 PID: 2511921410023 (7108 RIVERDALE RD 16816 $3 ,200.00I 16$171 $960A0 PID: 2511921410024 �7110 RIVERDALE RO 16816 $3 ,200.001 168171 $960.00 PID: 2511921410025 �7112 RIVERDALE RD 16816 $3 ,200.00I 168171 $960.00 PID: 2511921410026 7124 WILLOW LA N I 16816 $3 ,200.00I 168171 $960.00 PID: 2511921410027 7118 WILLOW LA N 16816 $3,200.00� 168171 �960.00 PID: 2511921410028 �7112 WILLOW LA N 16816 $3,200.00 16817 $960.00 PID: 2511921410029 �7106 WILLOW LA N 16816 $3,20Q.00 16817 $960.00 PID: 2511921410030 �7206 RIVERDALE RD I 16816 $3 ,200.001 168171 $960.00 PID: 251 t921410031 �7207 WILLOW LA N I 16816 I $3,200.001 168171 $960.00 PID: 2511921410032 �7206 WILLOW LA N 16816 $3 ,200.00I. 16817I $960.00 PID: 2511921410033 I7242 WILLOW LA N I 16816 $3,200.00� 168171 $960.00 PID: 2511921410034 �7236 WILLOW LA N 16816 $3,200.00� 16817 $960.00 PID: 2511921410035 �7230 WILLOW LA N I 16816 $3,200.00� 16817 $960.00 PID: 2511921410036 �7224 WILLOW LA N 16816 $3,200.001 168171 $960.00 PID: 25119214t0037 �7212 WILLOW LA N I 16816 $3,200.00� 16817� $960.00 PID: 2511921410038 �7243 WILLOW LA N I 16816 $3,200.00� 16817I $960.00 PID: 2511921410039 �7237 WILLOW LA N 16816 $3,200.00� 168171 $960.00 PID: 2511921410040 �7231 WILLOW LA N I 16816 $3,200.00� 16817 $960.00 P�D: 2511921410041 �7225 WILLOW LA N 16816 $3,200.00� 16817 $960.00 PID: 2511921410042 7221 WILLOW LA N I 16816 $3 ,200.00P 168171 $960.00 PID: 2511921410043 7215 WILLOW LA N I 16816 $3,200.00� 16817I $960.00 PID: 2511921410044 �7211 WiLLOW LA N 16816 $3,200.00� 168171 $960.00 PID: 2511921410045 �7212 RIWERDALE RD 16816 $3,200.00� 16817� $960.00 PID: 2511921410046 �7216 RIVERDALE RD '�6816 $3,2��.��� 16817 $960.00 PID: 2511921410047 �7222 RIVERDALE RD 16816 $3,200A0� 16817 $960.00 PID: 2511921410048 �7226 RIVERDALE RD I 16816 I $3,200.00f 16817� $960.00 PID: 2511921410049 �7230 RIVERDALE RD 16816 $3,200.00� 16847� $960.00 PID: 2511921410050 �7236 RIVERDALE RD 16816 $3 ,200.001 16817� $960.00 PID: 2511921410051 ��242 RIVERDALE RD 16816 $3 ,200.001 16817� $960.00 PID: 2511921410052 �207 73RD AVE N I 16816 $3,200.00� 16817� $960.00 PID: 2511921410053 �7237 RIVERDALE RD 16816 $3 ,200.00� 16817I $960.00 P�D: 2511921410054 �7231 RIVERDAIE RD 16816 $3,200.00� 16817� $960.00 PID: 2511921410055 �7225 RIVERDALE RD I 16816 $3,200.00� 16817� $960.00 Page 1 �ITY Uf B{�ppkELYN CENT�R. ptMEND�D CERl'IFIE{3 A�SS�SSMEf�T ROI;I:. 3/26/201fy Rt�RVVOOD NEfGWB�aMOOD IMP�Q�(ENFENT PI�OJEGT:�Q07-U5:& 06. w�a����r rn a��R�ss ��v�r� st��� i:�vv sr��n�. PID: 2511921410056 �7221 RIVERDALE RO 16816 $3 ,200.00� 16817� $960.00� PID:254192141Q057 �7215 RIVERDALE RD 16816 $3,200.00� 16817I $960.00 PID:2511921410058 �7211 RIVERDALE RD 16816 $3,200.00� 16$17� $960.OQ PID: 2511921410060 �7111 RIVERDALE RD 16816 $3,20�.�0� 16817� $960.00 PID: 251 7 92141 0061 �7137 WILLOW LA N I 16816 $3 ,200.001 16817� $960.00 PID: 2511921410062 �7216 WILLOW LA N 16816 $3 ,200.00I 168171 $960.00 PID:2511921420016 �30172NDAVEN I 16816 I $3,200.00� 16817� $960.04 PID: 2511921420017 �7119 DALLAS RD 16816 $3,200.00� 16817� $96Q.00 P�D: 2511921420020 �7105 RIVERDALE RD 16816 I $3,200.00� 168171 $960.00 PID:251192�420021 �71QODALLASRD I 16816 I $3,2��.�0� 168�7� $960.00 PID: 2511921420022 �7106 DALLAS RD 16816 $3,200.00� 16817 $96�.00 PID: 2511921420024 �7118 DALLAS RD I 16816 $3,200.00� 16817 $960.00 PID: 2511921420�25 �7124 DALLAS RD I 16816 $3 ,200.00� 16817I $960.00 PID:2511921420060 I7112 DALLAS RD I 16816 $3,200.Q0� 168171 $960.00 PID: 2511921430006 �7006 DALLAS RD 16816 $3,200.00� 168171 $960.00 PID: 2511921430007 �7000 DALLAS RD 16816 $3,200.00� 16817I $960.00 PID: 2511921430008 �7007 DALLAS RD 16816 $3,200.00� 16817� $960.00 PID: 2511921430011 �7001 DALLAS RD 16816 $3,200.00� 168171 $960.00 PID: 2511921430016 �6941 WILLOW LA N I 16816 $3,200.00� 16817� $960.00 PID:2511921430017 �20770THAVEN 16816 $3,200.00� 16817� $960.00 PfD: 2511921430018 I2�5 70TH AVE N 16816 $3 ,200.001 16817I $960.00 PID: 2511921430019 �301 70TH AVE N 16816 $3,200.00� 16817I $960.00 PID: 2511921430020 �307 70TH AVE N I 16816 $3 ,200.00I 16817I $960.00 PID: 2511921430021 �315 70TH AVE N 16816 $3,200.00� 16817� $960.00 PID: 2511921430022 �6925 WILLOW LA N I 16816 $3,200.00� 16817� $960.00 PID: 2511921430023 �6919 WILLOW LA N I 16816 $3 ,200.00� 168171 $960.00 PID: 2511921430024 �6911 WILLOW LA N I 16816 $3,200.00� 16817� $960.00 PID:2511921430025 �6931 WILLOW LAN 16816 $3,200.00� 16817I $960.00 PID: 2511921430026 6937 WILLQW LA N 16816 $3,200.00� 168171 $960.00 PID: 2511921430027 6930 DALLAS RD 16816 $3,200.00� 16817� $960.00 PID: 2511921430028 �6926 DALLAS RD I 16816 I $3,200.00� 16817� $960.00 i PID: 2511921430029 �6918 DALLAS RD 16816 $3, 200.00I 16817I $960.00 PID: 2511921430030 �6910 DALLAS RD 16816 $3,200.00� 16817� $960.00 PID: 2511921430031 �6900 DALLAS RD I 16816 I $3,20Q.00� 16817� $960.00 PID: 2511921430032 6931 DALLAS RD 16816 $3,200.00� 168171 $960.00 PID: 2511921430033 6925 DALLAS RD I 16816 $3,200.00� 168171 $960.00 PID: 2511921430034 �6917 DALLAS RD 16816 $3,200.00 168171 $960.00 PID:25 1 1 921 430035 �6911 DALLAS RD I 16816 $3,200.00� 16817� $960.00 PID: 2511921430036 �6901 DALLAS RD 16816 $3 ,200.00� 16817I $960.00 PID: 2511921430041 �7031 DALLAS RD I 16816 $3 ,200.001 168171 $960.00 PID: 2511921430042 �7019 DALLAS RD 4 16816 $3,200.00� 168171 $960.00 PID: 2511921430043 �7011 DALLAS RD I 16816 $3 ,200.00I 16817I $960.00 PID: 2511921430046 �7012 DALLAS RD 16816 $3,2��.�0� 16$17� $960.Q� PID: 2511921430047 �7020 DALLAS RD I 16816 I $3,200.00f 168171 $960.d0 PID: 2511921430048 �7028 DALLAS RD I 16816 $6,400.00� 168171 $1 ,920.00 PID: 251192t440001 �7032 WILLOW LA N 16816 $3,200.00� 168171 $960.00 PID: 2511921440002 �6934 WILLOW lA N I 16816 I $3,200.00� 16817� $960.00 PID: 2511921440003 �6930 WILLOW LA N 16816 $3,2��.��� 16817I $960.00 PID: 2511921440004 I6900 WILLOW LA N I 16816 I $3,200.001 16817I $96�.00 PID: 2511921440005 �70Q6 WILLOW LA N I 16816 $3,200.00� 168171 $960.00 PID: 25119214400Q6 �7000 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 2511921440007 �7007 WtLLOW LA N I 16816 I $3,200.001 168171 $960.00 Page 2 EITY Of �ROOF�LYN C�hlT�R I�M�ND�D �ERTIFIE{3 �iSS�SSMEMT R01,� 3126120�7 RtVERWOOD #EiGHB�RM00� M. f�U1(. .M N :PF24JECT: �007-U5 Q6 pI�tOF?�I�t�f ID i4[3bEZ�SS L��l'it#: Stl��; L�VY S"TC?f��IN:° PID:2511921440008 �7001 WILLOW LA N 16816 $3 ,200.00I 16817� $960.QO PID: 2511921440010 �6940 WILLOW LA N 16816 $6 ,400.00I 168171 $1 ,92�.�� PID: 2511921440011 �6924 WILLOW LA N 16816 $3,200.00� 16817 $960.00 PID: 2511921440012 �6918 WILLOW LA N 16816 $3 ,200.00I 16817 $960.00 PID: 2511921440013 �6910 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID:2511921440014 �7041 WILLOW LA N I 16816 $3,2��.�0� �6817� $�6�.0� PID: 2511921440015 7035 WILLOW LA N I 16816 $3 ,200.001 16817� $960.00 PtD: 2511921440016 7029 WtLLOW LA N I 16816 $3,2��.��� 168171 $96�.�� P�D: 2511921440017 7023 WILLOW LA N 16816 $3,Z�Q.��� 16817� $960.00 PID: 251 1 92 144�018 �7017 WILLOW LA N 16816 $3 ,200.00I 16817I $960.OD PID: 251 t9214400t9 �7041 WILLOW LA N 16816 $3 ,200.001 16817� $960.00 PID: 2511921440020 (7100 RIVERDALE RD 16816 $3,200.00� 168171 $960.00 PID:2511921440021 �7104RIVERDALERD 16816 I $3,200.00� 16817� $960.00 PID: 2511921440022 �7100 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 2511921440023 (7036 WILLOW LA N I 16816 $3,200.00� 16817� $960.00 PID: 2511921440026 �LOT 001 BLOCK 001 16816 $3,200.00� 168171 $960.00 PID:251192t440027 �7012 WILLOW LA N 16816 $3,200.00� 16817 $960.00 PID: 3611921120001 4LOT 0020 BLOCK 000 16816 $3,200.00� 16817 $960.00 PID: 3611921120004 �6858 WiLLOW LA N 16816 $3,200.00� 16817 $960.00 PID: 3611921120005 �6858 DALLFtS RD 16816 $3,200.00� 16817� $960.00 PID: 3611921120006 IFi850 WILLOW LA N I 16816 $3,200.00 16817� $960.00 PID: 3611921120U07 �6845 WILLOW LA N 16816 $6,400.00 16817� $1,920.00 PiD: 3611921120009 �6854 WEST RIVER RD I 16816 $3,200.00 16817� $960.00 PID: 3611921120010 �6830 WILLOW LA N 16816 $3,200.004 16817� $960.00 PID: 3611921120011 �6842 WEST RfVER RD I 16816 $9,600.00� 168171 $2,$$0.00 PID: 3611921120012 �6800 WILLOW LA N I 16816 $3,200.00� 16817I $960.00 PID: 3611921120013 �6732 WILLOW LA N I 16816 $3,200.00� 16817� $960.00 PID: 3611921 t20014 �6730 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 3611924120015 �6724 WIILOW LA N I 16816 $3,200.00� 16817� $960.00 PID: 3611921120016 6720 WILLOW LA N 16816 $3 ,Z�Q.��� 16817� $96�.0� PID: 3611921120050 6807 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID:3611921120051 6801 WILLOW LAN 16816 $3,200.00� 16817� $960.00 PID: 3611921120061 �6857 DALLAS RD I 16816 $3,200.00� 16817� $960.00 PID: 3611921120063 f 6733 WILLOW LA N 168�6 $3,z��.OQ� 168171 $96�.�0 PID: 3611921120066 �6725 WILLOW LA N 16816 $3,200.00� 16817 $960.00 PID: 3611921120067 �6721 WILLOW LA N I 16816 $3,200.00� 16817 $960.00 PID: 3611921120069 �6729 WILLOW LA N 16816 $3,200.00� 16817 $960.00 PID:3611921130005 �6536 WILLOW LAN I 16816 $6,400.00� 16817� $1,920.00 PID: 3611921130021 �6620 WILLOW LA N 16816 $3 ,200.001 168171 $960.00 PID: 361 1 921 1 30022 �6600 WlLLOW LA N I 16816 $3,200.00 16817 $960.00 PID: 3611921130023 �6552 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID:3611921130024 �6546 WILLOW lAN 16816 $3,200.00� 16817I $960.00 PID: 3611921140001 �6524 WI�IOW LA N 1s81F) $3,200.��� 16817) $���.�d PID: 36t1921 i40002 �6516 WIILOW LA N 16816 $3,200.�0� 16817I $960.00 PID: 3611921140003 �6512 WILLOW LA N I 16816 I $3,200.001 168171 $960.00 PID: 3611921140004 �6506 WILLOW LA N 16816 $3,2��.0�� 16817I $96Q.�0 PID: 3611921140005 I6500 WILLOW LA N 16816 I $3,200.00� 16817� $960.00 PID: 361192t410001 �6432 WILLOW LA N I 16816 $3 ,200.001 168171 $96�.�� PtD: 3611921410002 �6424 WILLOW LA N I 16816 I $3,200.00� 16817I $9Fi0.00 PID: 361 Y921410003 �6416 W{LLOW LA N 16816 I $3,2��.�� 68� $g6�.�� PID: 3611921410004 �6408 WILLOW LA N 16816 $3,200.00 16817� $960.00 PID: 3611921410005 �6400 W{LLOW LA N 16816 $3,200.�0 16817� $960.00 Page 3 �i�Y OF �ROQKLYN cEMT�R RNF�ND�D cERTIFI�[� ASS�SSM�MT ROI.�: 3/26/2b�7 RtVERWOOD NEiGWBOF�HOOD, IMP�01(�MENT.Pf�QJ�GT:?007-05: 06 p�op��C�t�:��s i�o�RESS stk��E�: t�v� sr��ti� PID: 3611921410006 �6358 WILLOW LA N 16816 $3,200.00� 16817� $960.00� PID: 3611921410007 6354 WILLOW LA N I 16816 $3,20Q.00� 16817� $960.00 PID: 3611921410009 6448 WILLOW LA N 16816 I $3,200.00� 168Y7+ $960.00 PID: 3611921410010 �6440 WI�LOW LA N 16816 $3,200.00� 16817� $960.00 PID: 3611921420007 �201 65TH AVE N 16816 $7,40�.0� 16817I $2,252.�0 PID: 3611921420008 �207 65TH AVE N I 16816 $�,4��.�� 16817I $2,252.�� PID: 3611921420009 �215 65TM AVE N I 'I Fi$'I F) $8, 665.00 I 16817 $2,637.00 PID:3611921420010 �6425WILLOWLAN 16816 $6,�82.�� 16817� $1 ,851.00 PID: 3611921420011 6417 WILLOW LA N I 16816 I $�,�87.�� 16817I $2,370.�� PID: 3611921420012 6409 WILLOW LA N 16816 I $8,�96.�0 16817� $2,464.00 PID: 361 1 92142001 3 �6401 WILLOW LA N 16816 $10 ,716.00 16817� $3,261.00 Subtotal $590,546.00 $177,407.00 PID: 2511921420011 �7208 DALIAS RD 16816 I $390.001 I $0.00 PID: 251192142Q012 �7200 DALLAS RD 16816 I $390.001 I $0.00 PID: 2511921420014 �7201 DAILAS RD 16816 $390.00� $0.00 PID:2511921420026 �7212DALLASRD I 16816 I $390.00� $0.00 PID: 2511921420027 �7216 DALLAS RD 16816 I $390.00 $0.00 PID: 2511921420028 �7222 DALLAS RD 16816 $390.00 $0.00 PID: 2511921420029 �7226 DALLAS RD 16816 $390.00� $0.00 PID: 2511921420030 �7230 DALLAS RD 16816 I $390.001 I $0.00 PID: 2511921420U31 �7238 DALLAS RD 16816 $390.00� $0.00 PID:2511921420032 �7242DALLASRD 16816 I $390.001 $0.00 PID: 2511921420033 �7243 DALLAS RD 16816 I $390.001 I $0.00 PID: 2511921420034 �7237 DALLAS RD 16816 I $390.001 $0.00 PID: 2511921420035 �7231 DALLAS RD I 16816 I $390.00 $0.00 PID: 2511921420036 �7225 DAL.LAS RD I 16816 I $390.00 $0.00 PID: 2511921420037 (7221 DALLAS RD I 16816 I $390.00I $0.00 PID: 2511921420038 �7215 DALLAS RD 16816 $390.001 I $0.00 PID: 2511921420039 �7211 DALLAS RD 16816 $390.001 Subtotal $6,630.00 $0.00 Total Project Assesments $597 ,��s.00 $��7,407.00 Page 4 City Council Agenda Item No. l0a i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Ronald A. Warren Plannin and Zonin S ecia ist 1/�(/t�` g g P DATE: March 16, 2007 SUBJECT: Planning Commission Application No. 2007-002 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 March 26, 2007 City Council Agenda is Planning Commission Application No. 2007-002 submitted by Brett Hildreth requesting Preliminary Plat approval to subdivide the property at 5421 Lyndale Avenue North and also combine surplus highway right-of- way to create three new single family residential lots. This matter was considered by the Planning Commission at their March 15, 2007 meeting and was recommended for approval. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2007-002 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 2-22-07 City Council Action Should Be Taken By 4-23-07 (60 Days) Planning Commission Information Sheet Application No. 2007-002 Applicant: Brett Hildreth Location: 5421 Lyndale Ave N Request: Preliminary Plat The applicant, Brett Hildreth, is seeking Preliminary Plat approval to subdivide the property at 5421 L dale Avenue North and also combine s lus hi wa ri t-of-way to create three new P� Y in uestion is zoned R-2 which allows one and two single family residential 1ots. The property q rd n 53 nue about midwa betwee family residences and is located on the west side of Lyndale Ave y and SS Avenues North. It is surrounded on the north and south by single family homes; on the west by I-94 right-of-way; and on the east by Lyndale Avenue North with the North Mississippi Regional Park and Trail on the opposite side of the street. The properties when replatted will be known as the River Road Three Addition and currently have a metes and bounds description of two lots (Lot 4 and a portion of Lot 3, Bellvue Acres Addition) and will also contain surplus highway right-of-way, which was turned over to the City of Brooklyn Center lying between the properly addressed 5421 Lyndale and the established right-of-way line for I-94. The applicant's plan is to create three new lots to be used for single family residential purposes. A number of ears a o, the Minnesota Department of Transportation (MNDOT) turned over to Y g the City of Brooklyn Center surplus land that was acquired by them for I-941ying between existing lots and what was needed for I-94 right-of-way purposes. The City accepted this property with the idea of conveying it to adjacent property owners to be attached to their properties. The property was offered to adjacent property owners for a fee. Some took advantage and acquired the land and combined it to their properties right away. Over the years, others have on occasion ac uired the ro e as well. The a licant who recentl ac uired q P P rtY PP Y q 5421 L�ndale Avenue intends to acquire the former right-of-way property adjacent to Yiis I property and to include it with this replat. He also proposes dividing the property into three single family residential lots. The middle lot (proposed Lot 2) will contain an existing single family home and garage. The other two lots (proposed Lots 1 and 3) will be vacant and offered for sale and development as single family lots. The R-2 zoning district allows both one and two family residences as permitted uses in the zoning district. There are different minimum lot requirements for single family and two family uses. Single family interior lots are required to be a minimum of 60 ft. in width (at the building setback line) and 7,600 sq. ft. in area. Two family interior lots are required to be a minimum of 75 ft. in width and 6,200 sq. ft. of land per dwelling unit or 12,400 sq. ft. in area. 3-15-07 Page 1 The existing parcel at 5421 Lyndale is 194.50 ft. wide (north to south) with an average depth east to west of a roximatel 190.50 ft., for an approximate area of 37,052 sq. ft. The three PP Y lots proposed by the applicant would have different lot widths and areas due to the location of the existing structures on the lot that he wants to retain. As mentioned, the existing home and garage would be located on the middle lot (proposed Lot 2). Because of this, his plan is to create the south lot (proposed Lot 3) to be 63.53 ft. in width and 12,761 sq. ft. in area. The middle lot (proposed Lot 2) would be 77.28 ft. in width and 15, 897 sq. ft. in area with all building setback requirements met; and the north lot (proposed Lot 1) to be 53.69 ft. in width and 11,245 sq. ft. in area. Note: In order for this preliminary plat to be approved, a variance from the lot width requirements wi11 have to be granted for the proposed Lot 1. The applicant has submitted a companion application (Planning Commission Application No. 2007-003) seeking such a variance which will be reviewed separately. The three proposed lots exceed the R-2 minimum requirements for a single family interior lot with respect to lot area (7,600 sq. ft.) and lot depth (110 ft.). Proposed Lots 2 and 3 also exceed the minimum lot width requirement (60 ft.). The proposed Lot 1 is 6.31 ft. less than the minimum lot width of 60 ft. If no structures existed, this lot division would be a simple matter of creating three equally wide lots. The location of the existing house and garage and the applicant's desire to retain the structures have led to the proposed division. A 10 ft. side yard building setback will be met from the north property line of the proposed Lot 2. A side yard setback of less than 10 ft. could be allowed, provided there are no doors, windows or openings along the north side of the house. The applicant does not believe this would be practical or desirable. He has considered other ossibilities such as 'o 'n the ro e lines around the house or seeking another type of P J g� g P p rtY vanance. There is precedent for a lot width vanance, m c ases where two of the three lot requirements (width, depth and"area) are met. Again, justification for the lot width variance is part of Application No. 2007-003. One encroachment currently exists based on the survey submitted that will have to be removed prior to final plat approval. The encroachment is an existing swimming pool that is located over the lot line separating the proposed Lots 1 and 2. The applicant has indicated his intention to remove the swimming pool. Again, this matter must be addressed prior to final plat approval. An existing driveway serving the garage on the proposed Lot 2 also encroaches on the proposed Lot 3(south lot). If this driveway is intended to serve both lots, an appropriate cross access easement will have to be developed and filed with the titles to the properties along with the final plat. If this is not the applicant's intent, the driveway encroachment onto Lot 3, should be removed prior to final plat approval. This decision can be left up to the applicant, however, it must be addressed. The City Engineer/Public Works Director is reviewing the plat and will be making written comments for the Planning Commission's consideration. Sewer and water exists in the Lyndale Avenue right-of-way. In fact, sewer and water services have been stubbed in already to serve the proposed Lot 3. The house on the proposed Lot 2 is 3-15-07 Page 2 served by sewer and water. A water service for the proposed Lot 1 is stubbed to the property line. A sanitary sewer will have to be provided. The sanitary sewer main is located in the Boulevard area of Lyndale and can be tied into with minimal disruption. The water main is under Lyndale Avenue, but because the services are provided to the properiy line, no digging into foot wide draina e and utili easements are vement will be necess Five tY Lyndale Avenue pa ary g r the new ro osed lots and 10 ft. draina e ro osed alon the north and south ro e lines fo p p g P p g P p rtY and I-94 and utility easements adjacent to street right-of-way (Lyndale Avenue A public hearing has been scheduled for this preliminary plat application and notices of the Planning Commission's consideration have been published in the Brooklyn Center Sun/Post. RECOMMENDATION Provided the variance requested under Planning Commission Application No. 2007-003 is approved, the preliminary plat would be in order and is recommended subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this application is contingent upon approval of the lot width variance request under Planning Commission Application No. 2007-003. 4. Prior to final plat approval, all encroachments into or over proposed lot lines shall be removed and verified. The drivewa encroachment over Lot 3 can continue provided Y an appropriate cross access easement is approved by the City Attorney, is filed with 1 lat. enne in Coun alon with the fina the titles to the properties at H p ty g p hasbeen 'ven 5. No buildin ermits shall be issued for new dwellings until the plat gi gP th i Council and filed with Henne in Coun final a roval b e C p tY PP Y tY 3-1S-07 Page 3 a c S c u 1 4. l� t rS�+ 4� 1 j y 1 f� r r �'1���'' l.'1 .iy i: .0 I i '1 i r t 1 q i 1 i .j�� i f, i� ���A� rR i_ qt `L3Ld H'," 6�"' �r `��fT^� L j ,�t,�.� �a r� �I �r� i� 1 rrrr Tr-� ��r s�� •.ri.���, c��� ��N� ���rr�� T �T �'�I. �il��i�i #��i�.,��, s; R �1 c rt �r�W�� Y. i r ���i��i�i��:, N i r-- n t LOGISMap Output Page Page 1 of 1 �,ds x::. �{��x��i i '3 �a��^ a;� jl� Ij I 1 P� I �s f� t. Y; t Y �4 r ''4 5 9. _,t w i� I �I ;f'° ,I II� �I;��� �I I I I'II (I w y,�, F J I' x; "d t Ji �Lr l i Ifi ����I v.r.': r'; II s` y n i�� In� 5 I i i��� i� I� �hk. k�� 3t+- I ,a. 3" I I� .x� ,xs. i I Vyci<�:emlMxvlA'(3US��CoaTqY.;�L I �,,+.,•ii,,;� i��;� �,-viT nr .T� Ar�TMS/ims?ServiceName=bc LOGISMap__OV&ClientVersio... 2/28/2007 City of Brooklyn Center A Millennium Community MEMORANDUM DATE: March 12, 2007 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works SUBJECT: Preliminary Plat Review Planning Commission Applications 2007-002 5421 Lyndale Avenue North Public Works Department staff reviewed the Preliminary Plat submitted for review under Planning Commission Application 2007-002 for the property located at 5421 Lyndale Avenue North. The applicant is proposing to subdivide an existing residential lot into three parcels. Excess City owned property, formerly Mn/DOT Highway Turnback, is proposed to be incorporated into the platted parcels. Public Works staff recommends that the following conditions are included in the approval of the subject application. 1. Turnback Property: The proposed plat includes Minnesota Department of Transportation excess right-of-way (turnback properiy) located along the west property line. The turnback property along 5421 Lyndale is currently owned by the City of Brooklyn Center. The City has historically conveyed turnback property along Interstate 94 to adjacent property owners at the owners request if this land is not necessary to maintain public utilities. The most recent land sale of turnback property to adjacent land owners was conducted in 2004. If the applicant wishes to incorporate this land into the proposed subdivision lots, the applicant shall enter into a purchase agreement and declaration of restrictive covenant with the City of Brooklyn Center for the turnback property. Inclusion of the turnback property into the proposed plat shall not result in any additional lots for the subdivision. 2. Mn/DOT Review: The proposed land subdivision is located adjacent to Interstate Highway 94. Minnesota Statutes requires that the City submit the plat to the Department of Transportation for written comments and recommendations. Copies of the proposed subdivision plat have been forwarded to Mn/DOT for review. The final plat may require modifications to address comments from Mn/DOT. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org 3. Drainage and Utility Easements: The drainage and utility easement designated along the western plat boundary shall be increased to 20 feet in width. The drainage and utility easement designated along the southern plat boundary shall be increased to 12 feet in width. These modifications are necessary to provide access to the existing drainage structure located near the southwest corner of Lot 3. 4. Water Service: Water service is provided to the site from an existing 6-inch diameter ductile iron water main located within Lyndale Avenue. City record plans indicate that three (3) separate water services currently extend into the site to provide water connections ,for the three proposed lots. 5. Sanitary Sewer Service: Sanitary sewer service is provided to the site from an existing 8-inch diameter VCP sanitary sewer main located within the west boulevard of Lyndale Avenue. City record plans indicate that two (2) separate sewer services currently extend into the property. The installation of a third sewer service will be required for Lot 1. Connections to the sanitary sewer main shall comply with all City standards and specifications. Utility construction plans shall be approved by the City Engineering Division prior to any sewer installation for the site. 6. Storm Water Drainage: The proposed subdivision property is less than one acr� in size. The proposed land use would result in a fairly low density of impervious surface. The applicant shall prepare an erosion and sediment control plan for approval by the City to ensure proper erosion practices are implemented during the site development phase of this project. 7. Other Utilities: The applicant shall be responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, Qwest Communications and other utility companies. 8. Property Access: The applicant shall either provide a separate driveway connection to the public street for Lot 3 or provide the City with a cross access easement between Lot 2 and Lot 3 if these two lots will share a common driveway entrance. The construction of new driveway entrances shall include replacement of the existing curb to provide a curb opening and construction of a concrete driveway apron extending back from the curb a minimum distance of ten feet. 9. Stone Retaining Wall: An existing stone retaining wall is located within the public right-of- way along the property frontage. Any portion of this wall that is removed for site development or driveway construction shall not be reinstalled within the public right-of-way. 1 1 Ffu�UE ,�A�S_ M%M<iK' 101.l������ 1 911[ W 1 l 1 l I 1 h 'f 1 1 }l x I M..Y 1 i 4 a r �u �ivinD�t�[ u w,v yF S NO[xtvu qMf� �N 55 b t 8 U1 I��'� 1 4 ffaR 1 6oN SIin�ot4aY�.o k ooYM CMfn. uN 55�]0 t:' we 1 1+ T�Ypiar: �W-21�-tle�� 1, i 1 Reyvl ICmtilieaf'pn NuMer: l 1 1 o�-�i1-2i-��-ao» i"�' ��i 1 1 i Pro bs'eat E 1 6/71 t1'NDALE AVE N 1 b.7.q" )f�e �7�M� Z ln�ss 1 YR001{LTN CENTER W 83�]0 n �d e«ee e a IG,7�"�� w.qo..e Dror.a t utiilr Eaum�nt'c--- --�1 �r.. l S��e j 1 u�ai w.e,o��,: rr 1 te aw trm at ti ���w�•. 1 tl�ot per� �awm 1x nPt �ot 3 bin0 ]eut� ef �ro �wnn 100 t�s� 1ron� an0 ner. Baw�u� M�n. E.eeD� 1 W. II7-N-1�, M Nu�n on Mlw�e{a ppy�mM� of TroNypllollon Np�flMrtplip� pq� c� �1r .1� i Ho,aa :�e.ea io �iro. �+e.r T waon 'C w J C „=_}.--y--____ I tlme miW�a WYtln. 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B L U J6V4� �J J', �h J I C F f .i 1 1� i l 1 r t�',;,,°� I CITY OF BROOKLYN CEaTEFi 310) �YNp1�( �vF N AR�GYIVN CfYI[P W lHJO Oat'M�I D�iE: •E�o o,.: ���i �SU�ru�i PREP�XEO Bx: PRELIMINARY PLAT o..»� e.: o� tv uon yr arcn su[m�sw .5lA4VE'Y.S COMQANY, M�L: a[«m W: r. �b M�T I AY dir IICOBrOiEO LND L $L�pbE'YQp$' 4GLLE M FEET RI VER ROAD 3 "`"s"'� T� a�� 7601 73RD qVE. N0. 30 o m�o Ph. (783) 58p�3093 5S47B Fx. (763) 560-3522 GiT 01' 9tOptlTN G[IRER, 1ENEpN COUNTY s� �nMNrtv r��lrir.l.cl �b i. �MYrY� 1in �W Nr.St)y w rMa/ hse4 wn ibo. �.4�YY1 t.e w_•at�_RS w.. ra. �see� City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Ronald A. Warren, Planning and Zoning Spe alist DATE: March 16, 2007 SUBJECT: Planning Commission Application No. 2007-003 Recommendation: It is recommended that the Ci Council followin consideration of this rnatter tY g approve the application subject to the conditions recommended by the Planning Commission. Background: On the March 26, 2007 Ci Council A enda is Plannin Commission A lication No. tY g g PP 2007-003 submitted by Brett Hildreth requesting a Variance to create a single family residential lot in the R-2 zonin district that is less than 60 ft. in width. This matter g was considered by the Planning Commission at their March 15, 2007 meeting and was recommended for approvaL Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2007-003 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 2-22-07 City Council Action Should Be Taken By 4-23-07 (60 Days) Planning Coxnmission Information Sheet App2ication No. 2U07-003 A licant: Brett Hildreth PP Location: 5421 Lyndale Ave N Request: Varianee The applicant, Brett Hildreth, owner of the property at 5421 Lyndale Avenue North, is seeking a variance from Section 35-400 of the Zoning Ordinance and Section 15-106, Subdivision g 2 of the Subdivision Ordinance to be allowed to create a single family residential lot in the R-2 Zoning District that is less than 60 ft. in width. The property in question is located on the west side of Lyndale Avenue North, about midway between 53 and SS Avenues North. It is surrounded on the north and south by single family homes; on the west by I-94 right-of-way; and on the east by Lyndale Avenue North with the North Mississippi Regional Park and Trail on the opposite side of the street. The applicant has submitted a preliminary plat under Planning Commission Application No. 2007-002 in which he proposes to subdivide 5421 Lyndale Avenue North and also combine surplus highway right-of-way to create three new single family residential lots. The north lot (proposed Lot 1) of this preliminary plat would be 53.69 ft. in width rather than 60 ft. which is the minimum lot width requirement called for by the above mentioned Zoning Ordinance and Subdivision Ordinance requirements. There is enough lot width and area to create three single family residential interior lots meeting all of the lot requirements (width, depth and area) without consideration of the location of existing structures. Single family interior lots in the R-2 district are to have a minimum of 60 ft. in width (at the building setback line), a minimum lot are of 7,600 sq. ft and a minimum depth of 110 ft. The applicant's proposal to divide the property into three lots and to retain the existing house in its current location and configuration has led to his request for the variance. Lot width variances are subject to the standards set forth in Section 35-240, Subdivision 2 (attached) as well as the standards set forth in Section 15-112 of the Subdivision Ordinance (also attached). Both sets of standards contain language relating to uniqueness, hardship and a non- detrimental affect on nearby properiy as being a basis for the granting of a variance. The Subdivision Ordinance standards particularly note the effect of special eircumstances and 3-15-07 Page 1 conditions such that the strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of his land. There has developed a policy and precedent over the years regarding the granting of lot variances within the city. That policy and precedent is basically that lot variances will be granted if at least two of the three lot standards (width, depth and area) are met; that no resulting setback deficiencies aze created; and that the resulting lot division seems reasonable and does not create unorthodox situations. The applicant has submitted written comments relating to the standards for variance in the Zoning Ordinance (copy attached). Generally he notes that the hardship is related to the shape of the proposed lot. He comments that the proposed lot will be 53.69 ft. wide by 216 ft deep with a lot area o€11,245 sq. ft. He notes the minimum land area requirement is only 7,600 sq. ft. The resulting lot exceeds the rninimum lot size requirements while only slightly varying frorn the lot width requirement. He adds that if the strict letter of the code were enforced, it would prevent building a residence on that lot, which would be a hardship to him, not a mere inconvenience. He notes the uniqueness of this parcel in that the lot was originally intended for three lots as indicated by the utilities stubbed to the three lots. He adds that the hardship is related to the requirements of the ordinance because the ordinance requires a 60 ft. lot width. He notes that there is substantial city precedent for allowing variances where two of the three lot dimensions have been met. He adds that in this case the lot greatly exceeds the lot depth and area requirements wYule only slightly short of the lot width requirements. He adds that the granting of the variance will not be detrimental but rather appreciative to other land and improvements in the neighborhood by increasing tax revenue for the city. He notes his history of improving property in Brooklyn Center and that the traffic impact will be immaterial due to the fact that the new lot will contain no more than single family residences and that new housing stock will encourage upgrades and maintenance of the existing housing stock. We believe the applicant s comments have merit with respect to the Zoning Ordinance and Subdivision Ordinance standards. Moreover, the policy and precedent related to past variances involving lot requirements is an overriding factor as well. Criven these variances, it could be concluded that to�not grant a variance in this case, would indeed be depriving the owner of the property of the reasonable use of his land. The variance will allow for the continued use of the existing home at a property setback from the new propased lot line. The newly created lot with a lat width of 53.69 ft. is not excessive given the exceptionally deep lot and area of 11,245 sq. ft. as opposed to a minimum lot requirement of 7,600 sq. ft. The creation af this lot should not be detrimental to the public welfaze or surrounding properiy. Only a single family home will be allowed and its location can be placed such that all setbacks can be met. It should also be noted, that if the lot width variance is granted, this would not be a justification for granting any other variances such as a setback reduction. A public hearing has been scheduled and notices have been sent to surrounding property owners. 3-15-07 Page 2 RECOMMENDATION We believe the standards for variance are met in this case as well as the policy and precedent for granting such a variance. We would recommend approval of the 53.69 ft. wide lot noting the following considerations: 1. The standards for a variance contained in the Zoning and Subdivision Ordinances are met. 2. The precedent of providing two of the three lot requirements (depth and area) is met in this case. 3. No setback deficiencies will result from the proposed subdivision. 4. The proposal is considered reasonable and creates no unorthodox arrangements. 5. The proposal is not considered detrimental to the public welfare or surrounding properties. 6. To not ant the variance would be considered de riving the applicant of the P reasonable use of his land. 3-15-07 Page 3 ::1 c V i� i u� �,i Ci ..�t.- I��v �I. �[t. 4�' L �I Y� r r ,1 ,.0 y t4 �1`}� L )'I i i�� �r .i l �r r' r (_�t �i i' l r G1� i 4`r' a r �c,�;��,'?;�� 1 �t r.:. ci•i,.•I��r ����r�� T' ��a��� �r1�li�i R r.r�Yi�� ■/L� r��� ��i�i��i���, s �r■ i 11� n +�ii� S�i���' j �r rr�., n �r x �s 4� r� a�' x a z� `r. 5- I� r "y`' Ft re� r �i s �z.� g s� r� e d {p q 5 p �x5�'' �a� ��d� r '�t s 2 f s r 5 z, ,s,. k j j ff �E�' q �',�a� z i g �r p a� F s �z�,..� f. ,i E g� x'� h �i t 4� ,d 3 ��A,F 4 .P,� �i �s t a a p ti z t �h �k`"i �SY y r S 56-��'`� g�� x 4.., F 4 y 3 a° .�r k �.�t t 6 ,r ��k 4 4 x j� i xi� t'' :E F e �'f� �f-°'�y"�������� %.ey�� �..���t' Y a �v r� 4. 3 -�1 P ��`Y s� r'r=�`-�, r `3 �x"��, �'-a� atf z t� �q'� ���,e ��'i �.�y� s, v'y �o 4 k �Iy �`y R r, E Y l/ i ��t' J� a t� �'i C "$"s S y t f i i t 3i b�: ;w e r t .l r r i �a z� J,x r .f�,,' ii,• ,t E' i j j i i q a� a j 5y q z��� X t J t� 'iv, y& s° f f .,1 i ;.qy f ,y �'���a" ,f �f� 1T� �/X y��� ','(g. 3 b s, q� �3 7 J lYij�Y!>�n������� d S �3 +S .�b'� Y J. a �a� y ,r�y, <i 4� ��a �y x q:,.w�S d r r '"q 1i y" r �f i �5... z y s,�; f �s- ix; K i n' �r `'r `'3 r i �����c� f l r r q I J�� y i �b r '3'� i x#' b i �i a� k a� r �l�' l/ `f.✓ k y 'y ii J,f.�; i;�` y,.,,,,,,,,a,,, �+,.rR�� "i ...n..-r�..��.., "'^r`�' .��+'�y�'"� ,,g""� ��,,.w�� S ,,..�..w.., 7, x E r �b� a a$ .-�?a s6� ,4 ��c�i`�� q<: b� FZ i. �i g a� B .f i r�' y Y ,yR, �'3 `r �,�Y "�b� y �+YT s$ n n' s� x a ,�.9.� a a �»,�x�,,,��, j s "`F a s'� g s� �i yF 7 f�3 y 5 1 k a s S f r� 8 4 98s ...�,f m y;,; „rrw.y s., na b i 11 Established in 1982 INVOICE N0. 75s33 LOT SURVEYS COMPANY, INC F.B.Nn 1031-35 LAND SURVEYORS scA�E: 40� REGISTERED UNDER THE LAWS OF STATE OF MINNE50TA o umot.. rw+ �+on�ne�t m 7801 73td A�eaue North t° 1[inaeapol9+. 1[fanesota 53�26 !'az Na 58D-+7622 �urue�ars (SPrtif irtt�P SKETCH FOR BRETT HILDRETN of parcd i�s iiz3s.ei 9a.rc Areo of pared 2 is 15626.89 sq.ft Area of pored 3 is 1302fi.16 sq.ft AC14TH L/NE OF LOT 3 o 0 o\ power Pok i o z, s.7s m o 2 o 2 .i m PROPOSED LOT LINE o a H z o ao �i� ro a P J Z G w 2 �a o, N Goraqe i t u�m� a u s PROPQ$pD LOT LfhE Q l 1 O o d� a T.I. f__�ncT Icoraye' 206.87 Lot 4 and that part of Lot 3 lying South of the North 100 feet front and rear, 8elivue Acres, Except that port taken for highway aa shown on Minnesoto Department of Transportation Monumentotion Plat No. 27—M— 73_ The oNy wsemen[s shorn are from plots of reeard n 6�fonration providra by dient. We hereby certify thot this is a true and eorrect represmtotion of o survey af the boun0ories of the above Eescribed IonO md tbe tocation of atl buldingv and visi6k encroachments, if my, from or on soid IanQ Chorbs F. Mdsraon. IYn� Rag. No.21�53 or 1 Sutveyed by us this 5 �ioy of October �n p6 Graqory R Praeeh 14n Reg No. 24992 1 C Section 35-400. TABLE OF MINIMUM DISTRICT REQUIREMENTS. Every use of land within the City of Brooklyn Center shall conform to the following minimum requirements which aze applicable to the Lat�d Use District in which such use is contemplated. (Note: Refer to applicable foofiotes) (1) Yard Setbacks f 101(121 Land Area Width (2) (5) Side Side District S�C Ft.� (Feetl Front Rear (61 Interior Corner RI One Family Dwelling (Interior Lot) 9,500/unit 75 35 25 (9) 10 25 One Family Dwelling (Corner Lot) 10,500/unit 90 35 (5) 10 25 R2 One Family Dwelling (Interior Lot) 7,600/unit 60 35 25 (9) 10 25 One Family Dwelling (Corner Lot) 8,750/unit 75 35 (5) 10 25 Two Family Dwelling (Interior Lot) 6,200/unit 75 35 40 10 25 Two Family Dwelling (Corner Lot) 6,200/unit 90 35 (5) 10 25 R3 (See Sec. 35-410) 5,400/unit (7) 35 40 (7) 25 R4 (See Sec. 35-410) 3,600/unit 100 35 40 10 25 RS (See Sec. 35-410) 2,700/unit 100 35 (4) 40 (4) IS (4) 25 (4) R6 (See Sec. 35-410) 2,200/unit 100 50 (4) 40 (4) 20 (4) 50 (4) R7 (See Sec. 35-410) 1,400/unit 50 (4) 40 (4) 20 (4) 50 (4) Cl (See Sec. 35-411) (11) 150 35 40 10 25 C1A (See Sec. 35-411) (11) 1S0 35 (4) 40 (4) 10 (4) 25 (4) C2 (See Sec. 35-412) 100 35, (4) 40 (4) 10 (4) 25 (4) I-1 (See Sec. 35-413 100 50 25 10 SO I-2 (See �ec. 35-413) 100 35 25 10 25 City of Brooklyn Ce�iter 35-53: December 3, 2005 '��G7�c til �v�o 2. Provided for Drainage. Where a snbdivision is traversed by a water course, drainage way, channel or stream, there shatl be pmvided a storm water easement or drainage right of way conforming substantially with the lines of such water course, together with such further width or construction or both, as will be adequate for stonn water runoff. f. Blocks. 1. Factors Governing Dimensions. Block length and width or aereage withiri baunding roads shall be such as to accommodate the size of residentiallots required in the area by the zoning ordinance and to provide for convenient access, circulation control and. safety of street traffic. 2. Nonresidential Blocks. Blocks intended for commercial, institutional and industrial use m�st be designated as such. 3. Lengths. Block lengths shall not exceed 1,800 feet. 4. Arrangements. With the exception of condominium single family attached dwelling unit subdivisions, a block shall be so designed as to provide two tiers of lots, unless it adjoi.ns a railroad or limited access highway where it may have but a single tier of Iots. 5. Pedestrian Ways. In blocks over 900 feet long, pedestrian crasswalks may be required by the council in locations deemed necessaiy to public health, convenience and necessity. g. Lots. I attache Lflcati n. V�' the exce tion of lots in a condominium sin le-famil 1. o rth p g Y dwelling tmit subdivision, aIl lots shall abut by their full frontage on a publicly dedicated street or a street that has received the legal status as such. Ciry ofBrooklyn Center 15-14 Ciry Drdinance S-�.�'.7�oiJ /�(o 2. Size. T'he minimum interior lot dimensions in subdivisions designed for single family detached dwelling developments in the Rl and R2 Disfiricts establishedby the Zoning Ordinance shall be: aa. Rl District: 75 feet wide at the established building setback line; R2 District: 60 feet wide at ttie established building setback line; bb. not less tha� 60 feet in width at tiae front lot line; cc. not less than 30 feet in width at the rear lot line; dd. not Iess than 110 feet in average depth; and ee. Rl District: aot less than 9,500 square feet in azea; R2 District: not less tl�au 7,600 square feet in area. The minimum corner lot dimensions for single family detached dwelling developments in the Rl and R2 Districts established by the Zon.i.ng Ordinance shall be: ff. Rl District: 90 feet wide at the established building setback li.ne; R2 District: 75 feet wide at the estabiished bui.Iding setback Iine; gg. not less tlzan 100 feet in depth; and hh. Rl Disiriet: not less than 10,500 square feet in area; R2 District: not less than 8,750 square feet in area; Where sanitary sewer facilities aze not provided, the minimum size of lots shall be 13,500 square feet. 3. Butt Lots. Butt Iots shall be platted at least five feet wider than the average width of interior lots in the block. 4. Side Lot Lines. Side lines of lots shall be substantially at right angles or radial to the street li.ne. 15-15 Ciry Ordinance Crty of Brooklyn Center City of Brooklyn Center Variances Section 15-112 Section 15-112 VARIANCES. a. The council may authorize a variance from these regulations when in its opinion, undue hazdship may result from strict compliance. In granting any variance the council will prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings as required herein below, the council will take into account the nature of the proposed use of land, the e�sting use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon tr�c conditions in the vicinity. To grant a vaziance, the council will find: 1. That there are special circumstances or conditions affecting said property such that the strict apptication of the provisions of this ordinance would deprive the applicant of the reasoriable use of his land. 2. That the vaziance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of the variance will not be detrimental to the public welfaze or injurious to other property in the territory in which said property is situated. b. Application for any such variance will be made in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the council, stating fully and cleazly all facts relied upon by the petitioner, and will be supplemented with maps, plans, or other additional data which may aid the council in the analysis of the proposed project: The plans for such development will include such covenants, restrictions, or other legal provisions necessary to guarantee the full achievement of the plan. soctio� ts-t tz Revised 2-95 S�� b,.� 3�- �.�-o f. The application and recommendatian of the Board o� Adjustments and Appeals shall be placed on the agenda of the City Council within eighteem (18) days following the recommenda.tion of the Board, or in the event the Board has failed to make a recommendation, within seveniy-eight (78) days of the date of referral to the Board. g. The City Council shall make a final determination of the application within forty-eight (48} days of the recommen datian by t he Board of Adjustments and Appeals, or in the event the Board has failed to make any recommendation, within one hundred and eight (1Q8) days of referral to the Board. h. The applicant or his agent shall appear at each meeting of the Board of Adjustments and Appeals and of the City Council during which the application is considered. Furthermore, each applicant shall provide for tl�e Board or the City Council, as the case may be, the maps, drawings, plans, records or other information requested by the Baard or the City Council for the purpose of assisting the deterniination of the applicarion. i. The Secretary of the Board of Adjustments and Appeals following the Board's action upon the application, the City Clerk, following the City Council's action upon the application, shall give the applicant a written notice af the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application. 2. Standards for Variances The Board of Adj�stments and Appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in i.nstances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. However, the Board shall not recommend and the City Council shall in no case permit as a variance any use that is not pernutted 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 aIl of the following qualifications are met: a. Because of the particulaz physical sunoundings, shape, or topographical condirions of the specific parcels 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. City of�Brooklyn Center 35-15 December 3, 2005 Sc�Tio� �J c. The alleged hazdship is related'to the requirenzents of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. d, Tlle gran�ing of the variance will not be detrimenta.l to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 3. Conditions and Restrictions The Board of Adjustments and Appeals may recommend and the City Council may impose conditions and restrictions in the granting of variances so as to insure compliance with the provisions af this ordinance and with the spirit and intent of the Comgrehensive Plan and to protect adjacent properties. Section 35-251. APPEALS. l. Anpeal Matters The Planning Commissian acting as the Board of Adjushnents and Appeals shalt hear and recommend and the City Council shall make a final determination in the following appeaI matters: a. A eals from the denial of a huilding permit made pursuant to the adoption PF of an official map as provided for in Minnesota State Law. b. Appeals from an order, requirement, or determination made by an administrative officer in the enforcement of the zoning ordinance, wbere it is alleged that some error in interpretation or judgment exists as provided for in Section 462.357, Subdivision 6(1), Laws of Minnesota. 2. Procedures a. A written appeal stating the posirion of the appellant and a fee in an amount as set forth by City Council resolution shall be filed with the Secretary of the Board of Ad}ustments and Appeals at least fourteen (14) days prior to the next regular meeting of the Board of Adjustments and :�lppeals. b. The Secretary shall refer the matter to the Bvazd by placing the application upon the agenda of the Board's next regular meeting. c. The Board shall report its recommendations to the City Council not later than tllirry (30) days following the date of referral to the Board. City of Brooklyn Center 3 5-16 December 3, 2Q05 Four stanc�ards for variance 1VIet 1. The particular hardship is related to the shape of the proposed lot. The proposed ]ot will be 53.69 feet wide at the street bv 216 feet �n the south side and 219 feet on the north side of the lot for a total lot size of 11,245 square feet. The minimum land area in this zoning classification is 7600 square feet. The resulting 1at will greatly exceed the minimum lot size requirements while only slightly varying the width. Moreover, the original plan for the land was to have a separate lot, which is indicated by the fact that there is separate utility connections for the proposed lot. If the strict letter of the code is followed, it would prevent building a residence on the lot. This is a serious hardship and not a mere inconvenience. 2. The condition is unique to this parcel in that the lot was originally intended to have 3 lots on it as indicated by utilities stubbed out to all three lots. The spirit of the original platti:�g is tl�.at there w�uld be t�.r�� lots in this space, which is generally not common elsewhere. 3. The hardship is related to the requirements of the ordinance because the ordinance requires a 6Q foot lot line: In the past, the city has substantial precedent to allow variances for situations where 2 of 3 lot dimensions have been met. In this case, the proposed lot greatly exceeds the lot length and lot area requirements while only being slightly short on the lot width requirements. 4. The granting of the variance will not be detrimental, but appreciative to other land and improvements in the neighborhood and city. a. Increased tax revenue for the city. b. History of improving everything I've handled in Brooklyn Center including a complete interior and renovation of the e�cisting home in progress c. Immateriat traf�ic impact due to the fact that a new lot will not contain more than a single family residence. d. New housing stock will encourage upgrac�es and inaintenance of the existing housing stock. City Council Agenda Item No. lOc r i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Ronald A. Warren, Planning and Zoning Specialist _��V DATE: March 16, 2007 SUBJECT: Planning Commission Application No. 2007-004 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 March 26, 2007 City Council Agenda is Planning Commission Application No. 2007- 004 submitted by MEER, LLC requesting a Speeial Use Permit and Site and Building Plan approval to construct an additional school bus garage building at 4435 68th Avenue North. This matter was considered by the Planning Commission at their March 15, 2007 meeting and was recommended for approval. Attached far your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2007-004 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 3-01-07 City Council Action Should Be Taken By 4-30-07 (60 Days) Planning Commission Information Sheet Application No. 2007-004 Applicant: Meer, LLC Location: 4435 68th Avenue North Request: Special Use Permit/Site and Building Plan Approval The applicant, Matthew Regan on behalf of Meer, LLC, is seeking a Special Use Permit and Site and Building Plan approval to construct an additiona127,135 sq. ft. school bus garage building on the site of an existing 34,069 sq. ft. school bus garage at 4435 68�' Avenue North. The property in question is zoned C-2 (Commerce) and is located between 68` Avenue North and Interstate 94. It is bounded on the west by the North Memorial Health Care Operational Center; on the north by 68�' Avenue North with Health Partners, the U. S. Post Office and a Luther automobile dealership on the opposite side of the street; on the east by the Atlantis Pools building and the former Iten Chevrolet site now owned by Luther Company; and on the south by Interstate 94/694. A school bus garage facility is classified as a special use in the C-2 zone provided all storage, including vehicles, and minor servicing and minor repair shall be conducted wholly within an enclosed building and further provided that the use does not abut any residential zoning district. The Osseo Brooklyn School Bus Company built, expanded and operated a school bus storage facility on this site since the early 1980's. For many years the bus company provided bus service for the Osseo School District including portions of Brooklyn Center. The bus company no Ionger has the service contract with the school district and the facility has gone basically unused. Mr. Regan is in the process of entering into a lease agreement with First Student School Bus Company that provides school bus service to the northerly portions of the Minneapolis School District for the use of the existing facility. They are also in need of additional space, thus the proposal for the additional storage building. Mr. Regan and First Student are aware of the zoning limits on the use of this property as a school bus garage only and will comply with them. The facility can be used only to house school buses, buses are to be stored within the building and only minor servicing and repair of the vehicles may take place on the site. No major overhauls and mechanical work are to be performed on this site. These were the restrictions established by the City Council in 1980 when it amended city ordinances to allow school bus garage facilities as a special use in the G2 Zoning District. The applicant's plan is construct a new 27,135 sq. ft. facility north of the existing school bus building. The existing building can house approximately 65 buses. The new facility would accommodate a like amount. The front of the new facility would face north with the overhead door on the south side leading to an access azea for both buildings. 3-15-07 Page 1 The new buiiding is designed as the existing building was, to be converted for service/office uses if its use as a school bus garage were ever discontinued. ACCESS/PARKING Access to the site is from 68 Avenue North at the northeasterly corner of the site. No changes to the access or other accesses are planned. Circulation is along the east side of the site with parking facilities on the south side of the south building and a new paxking lot to be constructed on the north side of the north buildtng. There is no specific parking requirement for school bus garages in the Zoning Ordinance, therefore, the parking requirement of one space for every 200 sq. ft. of gross floor area is applied because of the commercial zoning designation. The two buildings tota161,204 sq. ft. which would require 306 parking spaces. The plan shows actual parking and proof of parking that will provide 307 spaces which will accommodate a service/office commercial use of the two buildings. The use of the buildings as a school bus garage will not require the installation of all these spaces. The area between the buildings is primarily a proof of parking which will not be used for parking purposes for the bus garage facility. Forty five spaces are located on the south side of the south building and 90 spaces are provided in the new north parking lot. As far as actual parking, we have suggested one parking space per bus. The 135 spaces should be sufficient, however, there are other spaces that can be provided if needed. A proof of parking agreement should be executed and filed as a Declaration of Covenants with the title to the property assuring that the applicant will provide sufficient parking as needed and as determined by the city. Gasoline pumps will remain in their present location and will be along the east side of the new building. The distance between the two buildings is over 120 ft. and the location of the new building will meet all building setback requirements. Proper parking setbacks from street right of way and property lines are also provided. DRAINAGE/GR.ADING/UTII.ITIES The applicant has submitted a preliminary drainage, grading, utility and erosion control plan and it is being reviewed by the Director of Public Works/City Engineer. His written comments will be attached with this report for the Planning Commission's review. The site is 4.81 acres and will be required to provide a retention pond. The applicant indicates a location for a new enlarged retention pond to the west of the existing building which will require the construction of retaining walls in this area. The existing building is serviced by sewer and water that runs along the east side of the site and connects to sewer and water mains within 68 Avenue. The applicant's plan is to tie into these utilities, which will enter the new building at the northeast corner. In addition to a new bituminous parking lot that will be constructed to the north of the new building, an extension of bituminous will be provided between the two buildings to the west of existing bituminous. B-612 curb and gutter is to be provided around all parking areas per zoning ordinance requirements. The new pazking lot on the north side of the new building shows concrete delineation at the end of parking rows but only on the north side of these parking rows. 3-15-07 Page 2 Typically, concrete delineation is required on both ends of the parking aisles and the plans should be modified to indicate this. An NPDES permit from the Minnesota Pollution Control Agency is required to be obtained by the applicant prior to disturbing this site. LANDSCA.PING The applicant has submitted a landscape plan in response to the point system used to evaluate such plans. This 4.81 acre site requires a total of 425 landscape points. Existing landscaping is allowed to be used and counted toward meeting the point requirements, however, an inventory and point calculation of the existing landscaping is not provided on the landscape plan for this site. The new landscaping proposed amounts to 293 additional points. Shade trees such as Sugar Maple and Fallgold Ashe are to be provided in the green strip along 68 Avenue North and in a parking lot island in the new parking facility. Twenty four Austrian Pine are proposed at the southeast corner of the site and along the east property line as well as to the west of the new building a.nd parking lot. Ten Sparkler Crab are to be planted along the east property and at the southeast corner of the site and also at the northwest corner of the new building and at the entrance to the new north parking lot. Shrubs including Gold Mound Spirea, American Cranberry, Day Lilly and Juniper will serve as foundation plantings and be placed in planting beds at the entrance to the site off 68` Avenue North. A rough estimate, which will need to be verified by the applicant, is that there is existing plantings worth approximately 184 points on the site. If this is verified, the site would contain 4771andscape points, exceeding the required number of points. Again, this must be verified in order to recommend approval of the landscape plan. Underground irrigation is required in all landscaped areas. The plan shows seed to be utilized. Generally, sod is provided. It should be understood that the performance guarantee will not be released until an acceptable ground cover is provided throughout the site. BUILDING The building exterior is proposed to be rock face block in differing colors and shapes. There are four proposed entrances on the north side of the building with eight overhead doors on the south side. Windows are to be provided between the four entrances on the north side giving the appearance of individual tenant spaces which would be utilized if the school bus facilities were abandoned and the site converted to a service/office commercial use. The colors chosen for the decorative rock face block are an October yellow for the principal color with accent bands colored paprika on the top and hickory along the bottom. A question that should be addressed is the compatibility with these colors and the existing building which is a light color. 3-15-07 Page 3 LIGHTING/TR.ASH The applicant has submitted a lighting plan showing the location of lighting standards and wall mounted lights proposed for the site. Three new light standards will be provided m the north parking lot, two in island areas and the other at the entrance to the north parking lot. Nine wall I mounted fixtures will be located on the new building, four on the north wall, four on the south wall and one on the east wall next to the fueling area. It appears that four new wall mounted light fixtures will be installed on the north wall of the existing building between the overhead doors. The photometric plan indicates that foot candle limitations at the property line will not be exceeded with the lighting proposed for this site. Section 35-712 of the City Ordinances requires that all exterior lighting shall be provided with lenses, reflector or shades so as to concentrate illumination on the property. No glare shall emanate from or be visible beyond the boundaries of the illuminated premises. The freestanding lights and the wall mounted fixtures should comply with these provisions. The site plan shows the location of a trash enclosure close to the east property line in about the middle of the site. The trash enclosure will be masonry painted to match the concrete of the building. An opaque gate of one by six cedar siding will be provided. It also will be painted to match the concrete block. SPECIAL USE PERMIT STANDARDS As indicated previously, the school bus garage facility is a special use in the C-2 zoning district and as such is subject to the standards for special use permits contained in Section 35-220 of the City Ordinances (copy attached). These standards for special use permits require that the proposed special use wi11 promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood; nor substantially diminish or impair property values; not impede the normal and orderly development of sunounding property; be designed so as to minimize traffic congestion on the public streets; and conform with the applicable regulations of the district in which it is located. We believe that the continuation and expansion of the school bus garage facility in this area will fet morals or comfort. Furthermore we not be detnmental to or endanger the public health, sa y, I do not believe that the use will be injurious to other property in the immediate vicinity nor will it diminish or impair property values within the neighborhood. We also believe that adequate measures have been or will be taken to provide proper ingress and egress and that parking on the site is adequate for the uses provided. We do not anticipate traffic congestion on the public street related to this expansion. A public hearing has been scheduled with respect to this Special Use Permit and notices have been sent to surrounding property owners. 3-15-07 Page 4 RECOMMENDATION We believe the plans generally 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, utiliiy 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 building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City 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 to the City Engineering Department prior to the release of the performance guarantee. 10. All work performed and materials used for construction of the utilities shall conform to the City of Brooklyn Center current standaxd specifications and details. 3-15-07 Page 5 I 11. The plan shall be modified to provide: a. concrete parking delineators/protectors along parking rows in the north parking area. b. Verification of existing landscaping on the landscape plan to provide a minimum of 425 landscape points per the Landscape Point System utilized by the Planning Commission for evaluating landscape plans. 12. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 13. The applicant shall obtain and NPDES permit from the Minnesota PCA prior to disturbing the site. 14. The Special Use Permit is granted for the expansion of a school bus garage facility pursuant to the City Zoning Ordinance and per the plans that have been approved. 15. The Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation thereof could be grounds for revocation. 3-15-07 Page 6 City o f Brook lyn Center A Millennium Community MEMORANDUM DATE: March 14, 2007 TO: Ron Wanen, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works SUBJECT: Preliminary Site Plan Review Planning Commission Applications 2007-04 �sseo Bus Company Public Works Department staff reviewed the following preliminary documents submitted for review under Planning Commission Application 2U07-04 for the proposed Osseo Bus Compan.y site improvements located at 4435 68�' Avenue North. Boundaxy and Topographic Survey, dated January 30, 2007 Preliminary Grading, Drainage ar�d Erosion Control Plan, dated Feb. 28, 2007 Preliminary Utility Plan, dated February 28, 2007 Detail Drawings, dated February 28, 2007 Storm Water Pollution Prevention Plan, dated February 28, 2007 Public Works staff recornmends that the following conditions are included in the approval of the subject application. 1. Fire and domestic water services sha11 be separated prior to entering the building, Domestic and fire services shall have separate exterior curb stops, gate valves or PNs to allow isolation of individual water service lines. 2. The exiSring gate valve for the water service to the site shall be inspected and tested by the applicant's contractnr in the presence of utiliiy staff prior to extendin.g the new water service line to the proposed building. The applicant sha11 replace or repair the existing service gate valve if the valve is not fu11y functional. 3. The proposed site plan shall be subject to the approval af the Ciry Fize Chief and Building Oi�icial regarding hydrant spacin.g requirements. 6301 Shingle Creeh Pdrhway Reereation and Community Center Phone c� �TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number {763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityo f broohlyncenter. org 4, The applicant shall pay City and Metropolitan Council sanitary sewer connection charges and City water connection chazges for the proposed building. 5. All utility extensions sha11 meet City of Brooklyn Center design standards. The location an.d method of connection to the existing water main sha.11 be subject to approval by the Supervisor of Public Utilities. 6. The utility plan shall be revised to include the installation of a 4-ft diaxneter precast concrete manhole at the connection of the new sewer service to the existing sanitary sewer Iine. 7. The site plans shall be revised to show typical dimensions for the proposed parking spaces. Parking space dimensions shall meet ar exceed the minixnum standards provided in City Ordinance Section 35-702. S. The applicant shall provide for the installation of a new fraffic control Stop sign at the site egress point. 9. The applicant sha11 coordinate site development plans with Xcel Energy, CenterPoint Energy, Quest Comrnunications and all other private utility companies. l�, The applicant sha11 revise the grad.ing plan to show sufficient survey data to ensure that the emergency overflow will have a minimum depth of 1 foot and will not discharge runoff to the ad.jacent property located to the west of the site. 11. An NPDES construction site erosion contral permit must be obtained from the Minnesota Pollution Control Agency prior to disturbing the site. 12. The applicant has provided a copy of a Minnesota Departrnent of Transportation Application for Drainage Permit for the site. The applicant shall obtain a Mn/DOT pemut for construction of the proposed pond outlet prior to obtaining a building permit for the site. 13. The proposed storm water management pond is located in an area with very restricted access for future maintenance. The property owner will be responsible for the cost af future maintenance and dredging of the pond to maintain rate control, water quality treatment perfortnance and slope stabilization. 14. The property owner shall enter into a utility maintenance agreement with the City to guarantee the long term maintenance of private utilities and storm water facilities located within the site. 15. The design for the proposed storm water management pond does not appear to include a safety bench around the perimeter of the pond near #he normal water level. At a minimum, the pond shail be fulty enclosed with chain link fencing if a 20 ft wide safety bench will not be include@ in the pond design. 16. Side slopes around the perimeter of the pond shall not exceed 25 percent grade. 17. Note "G" on Sheet C4 shall be amended to iadicate that the Contra.ctor is required to contact the City for an onsite inspection of erosion cantrol m�asures prior to grad.ing or removal of existing pavement. 1 t r M-. rrrr�� ��������i��r�r��rti�� �'C �.a �s� v��U �r� ��tli I�> a� A ,/tit� 7 ���1' �,��;i ,liltt► �A 111� ��L�i i i� ��i 11�111 !L� art� �1� ���j �Itllti� ���;,d'� ���i�► .1 ��i�! �t� fi�iiit��i�� r v u t i ,Z�'1 ■11/ 1 a- 1•. F� �a r i i.� r Lr�����ii�1�� 1 <�A�/ 1����1�!/!� ■t/,�,*���, z;�:: j t�� /�����1������ ■i�i�* .r r ��.a:s :,Yt';;%" .yi .as�� i '��"-t M�� h�;.`ti,�,."`"�$ u'�� �NwA�� R .ry�r�at,�"»„ y �°;77)[ „m. v.s s� sC 2 d y t L V�t11A ��S .,j.. 7 b�� "J B ya 'S G j�. '"7 b k 'n c 5 ';.d" r�.' s. 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J �K:.�u�..: ��T-i I I oo«: �i.3o/ox �;�e��e No. 253a7 NORTH J S• I a`' r�. xr__. -�rn. i T -y G RU� s� SONS._IN� Professionat Land Surveyors �-5�` "�''j••�''�� Z°P9B"". �n.�e ._.��,s 6776 Lake Drive NE, Suite 110 �°a°�°��- www.c9�.COm e�w. wwr u� G-0'f 9'Xl' w. r w.w. u� Uno Lakes. 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OSSEO BUS COM PAN ����M.m.��, DETAILS Brookllln Center, Mianesota TMI[D BY 4WESIWC fauxMV W��rt�D,�tll MlPOKO [W�l D duOE r �����0 H ��I.) 3 y �c� P'K �iu iom wu r�e r mm.em uuu,n �..�.,,.,m.�.wm. a� �s ;�x�,,, a e uxl ��i�� v 1) mv r� �.r �°"1 g 7 fi t R C'F�P.' 6 w.wio aaa xo ui�.awm m�u u sa�axr x� eumr .s xono. -.LLL YVf 10 BE 6[NFLIRE W re�• rs SERYICE CIEIIN 0UT j ROCNCONSiRUCTIONENTMNCE rm� m smue eemEwiEw o�rui e 5�� e nor ro uu[ uu 5€� d s„ r r .�mo a nm. on t-v o.c. moucs� xn� mar. sm .w'xwuu a r ,wo w. V+x ti�K o.wo� .ac e vwoxw „z- u�:�- m 4�r, y�' PMIUC .WCMaR1a[ AflIW. 1. 8�06l11P61G MM fYIPm m �-lArl^�f�-�F'-� 1 MANRY SUL S y W L" 1.�. C� YA.PaI a�. n n p .�er�uo wx F��.— �e o��u.x�u�°mimani° 1N0 wro mmci uum: ve. w aau. e6 .xwon�a�sr sN°mx.T q vma ursx n No� nFawm. loxc Iles7 .Le-nrt z) Coum�.�mx afaaxsnt mx �e Itta> eae-nii NL wo9aN fAxMa [W& lro. 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W i �„w I� y.., i i i w. y.., i... j:— j W I ��,a� a..� I... �:.a. �o. ..............._�__.,_,��.....,�.W��,........ I �a., �,;n���a �PROPERTVLIHE� n.a.�niizaioi �.�,n I l a \,,la� .I I.. I., I. o t o.�, J g O .G, .r��. l, 1. s,. O Q I,. I.L� I_ .�1. ..—r. I I e i x e u i. i.. i. p k, 'iI' f� a �i �i .i .a r• �a ..i �r •a .a �.i Q U j T PROPEFN LINB'� City of Brooklyn Center Special Use Permits Section 35-220 I 2. Standards for Snecia1 Use Permits A special use permit may be granted by the City Council after demonstration by evidence that aIl of the follov�ing ate me� a. The establishment, ma.intenance or operatioa of the speciat use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morais or comfork b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already pernutted, nor substantially diminish �d impair property values within the neighborhood c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted �n the district d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3.. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements speeified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use pernut which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Counc�; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Soecial Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without ftuthet action by the Planning Commission or the City Coimcil unless the agplicant or his es n the sub'ect ro within one eaz of the date the ecial use assignee or successor commenc work upo p perty y sP of tha one e d the licant shall a 1 for an i ermit is te or unless before the iratton ar eno pp y P �P Y P aPP IJse sion a S ecial extension thereof by filling out and submitting to the Secretary of the Planning Comm�s p Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Speciat use permits granted pursuant to the provisions of a pr�or ordinance of Brooklyn Ceater shall expire within one yeaz af the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commeuced within that time. i Tn any instance where an existing and established speciat use is abandoned for a period of one eyar, the special use permit related thereto shail expire one year following the date of abandonment i MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 15, 2007 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:Olp.m. ROLL CALL Chair Sean Rahn, Commissioners Graydon Boeck, Gary Ford, Michael Parks, Tim Roche, and Della Young were present. Also present were Secretary to the Planning Commission/Planning and Zoning� Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Rachel Lund was absent and unexcused. ADMINISTER OATH OF OFFICE Mr. Warren administered the Oath of Office to Gary Ford and Della Young. APPROVAL OF MINUTES JANUARY 11, 2007 There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to approve the minutes of the January 11, 2007 meeting as submitted. The motion passed. Commissioners Fard and Young abstained as they were not at the meeting. I CHAIR'S EXl'LANATION Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makesxecommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2007-002 BRETT HILDRETH Chair Rahn introduced Application No. 2007-002, a request for Preliminary Plat approval to subdivide the property at 5421 Lyndale Avenue North and also combine surplus highway right- of-way to create three new single family residentiallots. The property is zoned R-2 which allows one and two family residences. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 3-15-07 for Application No. 2007-002 and the Director of Public Works/City Engineer's report dated 3-12-07, attached.) APPLICATION NO. 2007-003 BRETT HILDRETH Chair Rahn introduced Application No. 2007-003, a request from Brett Hildreth for a variance to create a single family residential lot in the R-2 zoning districf that is less than 60 ft. in width. The applicant has submitted a preliminary plat under Planning Commission Application No. 2007-002 in which he proposes to subdivide 5421 Lyndale Avenue north and also combine 3-15-07 Page l surplus highway right-of-way to create three new single family residential lots. The north lot of this preliminary plat would be 53.69 ft. in width rather than 60 ft. which is the minimum called far in the R-2 zoning district and is the subject of the variance request. Mr. Warren presented the staff report describing the location of the properiy and the proposal. (See Planning Commission Information Sheet dated 3-15-07 for Application No. 2007-003, attached.) PUBLIC HEARING APPLICATION NO. 2007-002 and 2007-003 There was a motion by Commissioner Roche, seconded by Commissioner Ford, to open the public heaxing on Application No. 2007-002 and 2007-003, at 7:44 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mr. Brett Hildreth, 8616 Riverview Lane, Brooklyn Park, introduced himself to the Commission. Commissioner Boeck asked the applicant if he was familiar with all the conditions of approval laid out in the re orts. Mr. Hildreth stated that he has lived in the communit and been a p Y member of the business community for several years. He purchased the property two months ago and has made improvements to it. He added that he does understand all of the requirements for granting of the variance and preliminary plat and will comply with the conditions recommended. Commissioner Parks asked the reason for the proposed platting of the property. Mr. Hildreth explained his reasons for purchasing the property and continuing the use of the property as a single family use. He added that he chose to create three single family lots rather than two, two- family lots because it would add value in the area while not increasing the density since he plans to build two single family homes on the newly created lots. He further stated that he plans to take out the pool on the property so that no encroachment would exist over the proposed lot line. He also would create a cross access agreement to allow driveway access if necessary over the proposed south lot. Commissioner Roche thanked Mr. Hildreth for his interest in investing in this area of the city and asked what his plans are for Lots 1 and 3. Mr. Hildreth stated he will pursue building a single family home on each lot, one that will fit the lot and compliment the area. Commissioner Roche further asked if Mr. Hildreth had discussed his plans with the neighbors on each side of the property. Mr. Hildreth responded that he had talked to the residents on both sides of this property. Commissioner Roche asked what the applicant's time line is for development of the properties. Mr. Hildreth responded that he would probably build one home this year and possibly the other next year. Mr. Kim Wendlin 5407 L dale Avenue North stated he has talked to the a licant and a ees PP g Yn he is makin nice im rovements on the house. He stated that he has a uestion about the former g P q hi wa de arhnent land and thou t that the revious owner was no t allowed to urchase that Y P P p property because of a drainage structure. Further, when he moved into his house it had been a 3-15-07 Page 2 rental and was in poor shape. He further explained that upon further discussion with Mr. Hildreth he learned about the applicant's possible plans to rent the existing house and possibly to rent the proposed new house. Mr. Wendling stated he does not see that a rental would be a benefit. He also added that the proposed 12 ft. easement would encroach onto his proprety. Commissioner Boeck clarified that there did not appear to be an encroachment with this plan onto Mr. Wendling's property. He added that the issue of rental property vs. owner occupied property is not something reviewed by the Planning Commission. Commissioner Roche asked the applicant to clarify what his intent is with the property regarding development of rental or owner occupied property. Mr. Warren stated that the City cannot grant a variance contingent on somebody occupying a property. He added that it is not an issue before the Planning Commission nor is it something for them to base their recommended approval or denial of these applications. Commissioner Roche responded that he felt it was a fair a question to ask the applicant what his intent is with the property. Chair Rahn interjected that Commissioner Roche's question was inappropriate and the applicant did not need to reply. Mr. Hildreth stated that he would reply and responded that the existing house will probably be rental and he doesn't know at this time what the intent is of the proposed new dwellings other than to be single family homes. Ms. Dawn Sommers, 5315 Lyndale Avenue, stated that she knows that the applicant is in the business of acquiring properties far the purposes of rental and she feels that the city's position regarding rental is unfortunate and it is sad to see that rental is becoming a norm anywhere in the city. She added that she also feels that there is no lot in the immediate area that is less than 43 ft. in width. Ms. Sommers feels the character of the area is unique with the presence of deep lots and granting the variance takes away from the uniqueness of the properties along the river. She also feels that there is no hardship by not granting the variance. Mr. Eric Sommers, 5315 Lyndale Avenue, stated that he has known the applicant for some time and he understands that when someone purchases a property they can do what they want but he feels like this is the nicest lot in the area and dividing it will have a negative effect. Mr. Sommers suggested to the applicant that he knock down the house and build a nice one and live there. Commissioner Young asked what the average lot size is in the Lyndale corridor area. Mr. Warren responded that it varies and he did not have that exact number available. Mr. Hildreth stated that he reviewed other lot sizes in the area and it varies and the lot widths he has proposed will not look out of place. 3-15-07 Page 3 No other persons from the public appeared before the Commission during the public hearing on Application No. 2007-002 and 2007-003. CLOSE PUBLIC HEARING There was a motion by Commissioner Roche, seconded by Commissioner Young, to close the public hearing on Application No. 2007-002 and 2007-003, at 8:15 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Cornmissioner Roche stated that his opinion is that he has negative feelings about putting three homes, possibly rental properties, or two, two-family homes on these properties in view of the comments made by the neighbors. Mr. Watren commented that as a staff inember who reviews subdivision proposals, he has to look at whether or not the minimum lot requirements are met. The fact that all the lots in an area are larger than the minimum standards is not a justification for requiring a larger lot. If the minimum lot standards are met, it is his opinion that the Planning Commission must recommend and the City Council must approve the subdivision. To do otherwise, would be considered arbitrary and the decision would be overturned in a court of law. He added that whether a proposal is far an owner occupied or rental property is riot a basis for approving or denying a subdivision of land and should not be a factor in such a consideration. He pointed out that for a variance to be granted, it must be determined that the standards for variance are met. The fact that there are precedents for granting lot dimension variances in certain circumstances when two of the three minimum lot requirements are met is an overriding consideration in this case, and to not grant a similar variance would be depriving the owner of the reasonable use of his land. Commissioner Boeck stated that he agrees with Mr. Warren and pointed out the nearby location of 40 ft. wide lots. He added that this area will have a difficult time sustaining high quality housing due to the isolated uniqueness of the neighborhood. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2007-003 BRETT HILDRETH There was a motion by Commissioner Boeck, seconded by Commissioner Young, to recommend to the City Council that it approve Application No. 2007-003, submitted by Brett Hildreth, for a variance to create a single family residential lot in the R-2 zoning district that is less than 60 ft. in width, subject to the following considerations: 1. The standards for a variance contained in the Zoning and Subdivision Ordinances are met. 2. The precedent of providing two of the three lot requirements (depth and area) is met in this case. 3-15-07 Page 4 3. No setback deficiencies will result from the proposed subdivision. 4. The proposal is considered reasonable and creates no unorthodox arrangements. 5. The proposal is not considered detrimental to the public welfare or surrounding properties. 6. To not grant the variance would be considered depriving the applicant of the reasonable use of his land. Voting in favor: Chair Rahn, Commissioners, Boeck, Ford, Parks, Roche and Young. The motion passed unanimously. The Council will consider the application at its March 26, 2007 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 RECOMMEND APPROVAL OF APPLICATION NO. 2007-002 BRETT HILDRETH There was a motion by Commissioner Roche, seconded by Commissioner Parks, to recommend to the City Council that it approve Application No. 2007-002, submitted by Brett Hildreth for Preliminary Plat approval to subdivide the property at 5421 Lyndale Avenue north and also combine surplus highway right-of-way to create three new single family residential lots subj ect to the following conditions: 1. The final plat is subj ect to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this application is contingent upon approval of the lot width variance request under Planning Commission Application No. 2007-003. 4. Prior to final plat approval, all encroachments into or over proposed lot lines shall be removed and verified. The driveway encroachment over Lot 3 can continue provided an appropriate cross access easement as approved by the City Attorney, is filed with the titles to the properties at Hennepin County along with the final plat. 5. No building permits shall be issued for new dwellings until the plat has been given final approval by the City Council and filed with Hennepin County. Voting in favor: Chair Rahn, Commissioners, Boeck, Ford, Parks, and Young. Commissioner Roche left the room and did not vote. The motion passed. 3-15-07 Page 5 The Council will consider the application at its March 26, 2007 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. The Planning Commission took a brief recess at 8:30 p.m. The Planning Commission returned at 8:42 p.m. APPLICATION NO. 2007-004 MEER. LLC Chair Rahn introduced Application No. 2007-004, a request for Special Use Permit and Site and Building approval to construct an additional 27,135 sq. ft. school bus garage building at 4435 68 Avenue North. A school bus garage facility is classified as a special use in the C-2 zone provided all storage, including vehicles, and minor servicing and repairs shall be conducted wholly within an enclosed building and that the use does not abut any residential zoned property. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 3-15-07 and the Director of Public Works/City Engineer's memo dated, 3-14-07, attached.) Commissioner Boeck asked for clarification regarding the conditions of approval and the City Engineer's report, Item No. 13 and 14 and what standard would be required to be met. Mr. Warren responded that clarification regarding the standards should be addressed by the City Engineer and he would follow up with him. Commissioner Young inquired about current and proposed drainage on the site. Mr. Warren responded that an expanded water detention pond would be proposed on the site and added that the City is currently looking at an updated area-wide water detention/drainage plan. He added that such plans will be reviewed by the City Engineer prior to building permits being issued. Commissioner Paxks inquired about the drainage ditch along I-94 and whether or not the property is in a flood zone. Mr. Warren responded that this site is not in the flood zone and will not require fill to be maintained. The highway department currently allows drainage on this site into the I-94 area. PUBLIC HEARING APPLICATION NO. 2007-004 There was a motion by Commissioner Ford, seconded by Commissioner Parks, to open the public hearing on Application No. 2007-004, at 9:22 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. The applicant, Mr. Matthew Regan, 11800 95 Avenue North, Maple Grove, introduced himself to the Commission. 3-15-07 Page 6 Commissioner Young stated she is concerned with the drainage coming off the property and asked the applicant how they will be dealing with water quality requirements. Mr. Regan stated that he was not qualified to respond to the question but would have to refer to the Engineer that drew up the plans. Mr. Regan added that he was confident that his Engineer drew up the plans according to all requirements and demonstrated on the plans the direction of water flow on the site. Mr. Warren explained that these plans are preliminary and any necessary changes would be required at the time of permit submittal. They are subject to final approval of the City Engineer. Commissioner Paxks asked if there are currently buses being serviced at this location. Mr. Regan explained that they recently lost their contract with the Osseo School District and the existing building on the site is primarily being use for storage of their fleet of buses. The new building will be leased to another bus company and is being designed for other uses if the bus storage use is no longer undertaken on the site. No other persons from the public appeared before the Commission during the public hearing on Application No. 2007-004. CLOSE PUBLIC HEARING There was a motion by Commissioner Roche, seconded by Commissioner Parks, to close the public hearing on Application No. 2007-004, at 9:33 p.m. The motion passed unani�nously. The Chair called for further discussion or questions from the Commissioners, The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATIO NO. 2007-004 MEER, LLC There was a motion by Commissioner Boeck, seconded by CommissionerYoung, to recommend to the City Council that it approve Application No. 2007-004, submitted by Meer, LLC for a Special Use Permit and Site and Building Plan approval to construct an additional school bus garage building at 4435 68 Avenue North, 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 ar on ground mechanical equipment shall be appropriately screened from view. 3-15-07 Page 7 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City 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 parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines to the City Engineering Department prior to the release of the performance guarantee. 10. All work performed and materials used for construction of the utilities shall conform to the City of Brooklyn Center current standard specifications and details. 11. The plan shall be modified to provide: a. concrete parking delineators/protectors along parking rows in the north parking area. b. Verification of existing landscaping on the landscape plan to provide a minimum of 425 landscape points per the Landscape Point System utilized by the Planning Commission for evaluating landscape plans. 12. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 13. The applicant shall obtain and NPDES permit from the Minnesota PCA prior to disturbing the site. 14. The Special Use Permit is granted for the expansion of a school bus garage facility pursuant to the City Zoning Ordinance and per the plans that have been approved. 15. The Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation thereof could be grounds for revocation. 16. The property owner sha�l enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits. 17. A proof of parking agreement acknowledges the need to install up to 306 parking spaces on site shall be executed and filed with the title to the property prior to the issuance of permits. 3-15-0� Page 8 i Voting in favor: Chair Rahn, Commissioners Boeck, Ford, Parks, Roche and Young. The motion passed unanimously. The Council will consider the application at its March 26, 2007 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to ad�ourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:38 p.m. Chair Recorded and transcribed by: Rebecca Crass i I i s I 3-15-07 Page 9 City Council Agenda Item No. 11 a i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: March 21, 2007 SUBJECT: Resolution Congratulating the North Metro Stars on Their Participation in the Minnesota State High School League State Class AA Hockey Tournament Recommendation: I recommend that the City Council consider adoption of Resolution Congratulating the North Metro Stars on Their Participation in the Minnesota State High School League State Class AA Hockey Tournament. Background: At its March 12, 2007, Work Session the City Council discussed the accomplishments of the North Metro Stars and directed Staff to compose a resolution recognizing the achievement of the North Metro Stars for their participation in the Minnesota State High School League State Class AA hockey tournament. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CONGRATULATING THE NORTH METRO STARS ON THEIR PARTICIPATION iN THE MINNESOTA STATE HIGH SCHOOL LEAGUE STATE CLASS AA HOCKEY TOURNAMENT WHEREAS, the City of Brooklyn Center takes great pride in providing first-class athletic facilities, natural amenities and promoting a wide variety of recreational opportunities, and WHEREAS, the Brooklyn Center community has a strong tradition of outstanding youth activities, programs and associations, that promote teamwork, competition and personal development; and WHEREAS, in order to ensure an opportunity to participate in the sport of girls hockey in the Minnesota State High School League, high schools from the City of Brooklyn Center and the neighboring communities of Brooklyn Park, Columbia Heights, Fridley and Osseo together formed a cooperative team so named the North Metro Stars; and WHEREAS, in the spirit of cooperation and hard work, players representing five different high schools overcame rivalries, earned each other's trust and forxned a common bond promoting team before self; and WHEREAS, the North Metro Stars girls hockey team, proudly represented the City of Brooklyn Center and their home communities with good sportsmanship, hard work and teamwork while placing second in the Minnesota State High School League State Class AA hockey tournament; and WHEREAS, on behalf of a community equally proud of their determination, sportsmanship, team spirit and accomplishments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City congratulates the North Metro Stars and coaches on a successful season. March 26. 2007 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. llb PROCLAMATION DECLARING MARCH 2O07 TO BE MINNESOTA FOODSHARE MONTH WHEREAS hun er exists in communities even in the best of economies; and g WHEREAS, nearly half of hungry Minnesotans are children I Z years old and younger; and WHEREAS, the fastest growing groups of hungry Minnesotans are senior citizens and peop.le who are working; and WHEREAS, the creeping effect of hunger in the life of an individual or family can range from poor health and slowed recovery from injury and illness to poor performance at school and work; and WHEREAS, the impact of this on lives and communities can be devastating; and WHEREAS, food shelves in Minnesota distribute about thirty million pounds of donated and purchased food annually to ease the sting of hunger; and WHEREAS, due to the slowed economy, visits have increased dramatically at every food shelf in the state this year, by an average of ten percent; and WHEREAS, the CEAP,f'ood shelf that serves residents of Brooklyn Center has also seen a significant increase in need; and WHEREAS, the Minnesotu FoodShare March Campaign is responsible for acquiring about half the faod distributed annually through food shelves throughout Minnesota; and WHEREAS, the success of the Minnesota FoodShare March Campaign depends upon the participation of businesses, civic groups, schools, congregations, and individuals in every communiry. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn CenteY City Council, do hereby 'nnesota FoodSha re Month in Brookl n Center and ��°oclaam the month of March 2007 to be Mt Y urge everyone in this community and in communities throughout the State to donate food items and/or funding to the local food shelf during March to ensure that all of our neighbors will haue enough food to share fully in the life of our community. March 26. 2007 Date MayoY Council Members i City Council Agenda Item No. 11c COUNCIL ITEM MEMORANDUM TO: Mayor Willson and Councilmembers Lasman, O'Connor, Ryan, and Yelich FROM: Curt Boganey, City Manag� v DATE: March 13, 2007 SUBJECT: Set Date and Time of Joint Meeting With Brooklyn Park City Council for Monday, April 30, 2007, at 6:00 p.m. Recommendation: I would recommend setting Monday, April 30, 2007, from 6:00 to 7:00 p.m. as the joint meeting with the Brooklyn Park City Council to be held at Brooklyn Center City Hall in Council/Commission Conference Room. Background: At its March 12, 2007, Work Session the City Council discussed meeting with the City of Brooklyn Park City Council. The Council approved setting the date and time for the joint meeting for Monday, April 30, 2007, from 6:00 to 7:00 p.m. The meeting will be held at Brooklyn Center City Hall in Council/Commission Conference Room. Budget Issues: There are no budget issues to consider. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION March 26, 2007 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 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. ACTIVE DISCUSSION ITEMS l. Resolution Stating Opposition to Change in Cable Television 15 Minutes Authority Joint Cable Commission 2. Revised Water Utility Shut-Off Policy 30 Minutes 3. Council Suggested Wark Session Items 45 Minutes 4. Department Restructuring Plan 30 Minutes Pending List for Future Work Sessions Anri19, 2007 1. Residential home inspection point-of-sale ordinance 2. Consider ordinance limiting ratio of non-porous to parous surface area with new construction 3. Watershed Commission Major Plan Amendment Update Commissioner Carmody 4. 57�` and Logan Development Agreement 5. EBHC Water Tower Repairs City Manager April 1 b. 2007 1. I-694 Redevelopment Area Options Review Anri123, 2007 l. Social Service Presentations City Manager a. Five Cities Transportation b. Northwest Hennepin Human Services c. North Hennepin Mediation Services d. Project Peace e. Reach for Resources 2. Youth Commission City Council Date Undetermined 1. Review Council Travel Policy Budget Work Session 2. City Manager performance review format and procedure City Manager 3. 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T,,,� yea� �i� T�1S��C ask�d Gity Cc�uncil ta ac�opt a�iff�re�t r�sc���.�tz€�n c��osz�� ci�� Iegisl�ve pr�g€��1s p��n�� �t xhe time. As it t��. Q�� L�g�e of R��zescat�. �i�ies �i�d. adopt� pc►ticies ��us�ia� I��ca ��c �e L���C ta if z�e I�S��C�. In ���paratic�� ��ar t.he ��unc31 prc�pca�s�d N��Ct,; resolutics� �nira�icts p�lici�� endc�t�ed by t�e �.1�IC. 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It as €�ur be���� th�.t Ieg���at�ve session may �e crit� a I ���b�e��a��� s�ate legisl�,tit��,< ��g past �`e�, the teiecasn uu�c�t� �s Y �t t�e c.c�unfir�� and also C:ongre� to ��ge �ar�s artci to c��g� lt�c�al tegtsia�s �u�° ��`�se �t�thc��ty �s� r���irern��s. In e►rder t� �ure th�� yo�r City, and �l.l c�f th� woul€3 �.i�er��� r�mmu�:icat� fl�eir cQ��rns r��a�cc�irig �tential le�rs�.�t€�� ��a�e Iaw, �hapt�r 238, it a� �nost i��rrtant tv ha�re �e atta��ed T�.�salutic�� adcsgted �ad sent �ack t� l�"��CCC sr �e �an prc���e t�� tc� l�acal l�gislat�rs. Pl� l�t us ���v' whez� y�sur �Cxt� Ccsuncil has �dapted ��fhe c,�� s�the us wi.� a�tifi� capy ofthe I2e�al�ic�n. We will ctstard�nate �n N�T�CCC �ad �eliv� ��s��u�i�ns to state legisl�tars. Ifyr� have �.y q��tie�ns v��b re�asd ta �e R.esc�luti�r�, pl��s� do rxc�°t �iesit�e tc� �fve nne a at '���-533-� 19�. Very truly ;yours, t�regory I�Ie�are Execu�iv� I�ir�t�ir at� Brool:lyaz �ct�ts� a 8rvok!}� C�'S`�� s Gc�ld�n Va1ley Mapte G€ovc I�tew Y°Tc�� �3sseo F`lymr�uti� Robbius+3 +C}. �t���LUTIC�N t{t V�.,,. R���irL°f�'T`I+�31� t�►�` �'7T�1 t3� M�E���`t� �TAT'�� C��"�`t)5I"��1� T� I�EG�L�3'��'4� �'�tC}F�IS�� T�iA'T �tEl��t)� �h�� CA�3L� '�'ELE'VI��t31�i ,r��J'�`�t�l�"i� 4F (;�Q����+i'�` F`Rt3� C�[AP'�`ER 238 t3F �1�����`A �TAT`E �HER�:�, �e ��ty +Co��il �f �e Cifiy of is the c�ffici�l g�ver�ing L�vdy ���ct� ta pr��t�e and ��ect the best w�lfa� �nd �nt�rest of �e +Cit� and it� ci�z�� and �in "�ity com��natit�� ��th �ts �,�RE�.�, th� Gi� �ei�'l�ri�:g �z�uz���� and i�z �forr�au�e vvith ��nesv� laww� created a join.t po�rs �u�it}' in ��7� sez�`e c►�s'behal� ��th� �ity and its otk�er �sxer�l�er est ���SUr��Cabl�e c�bl� sez�vi�s, '��hi�h �ca�int �vs�� �t��y` knar�m �s �Ta�rth� �CSt�ission �r�in `�`�`4�`"�CCx'}> �ud ��]:�'ER:��, �h� �%ty iznd�an�s �hat con��d�r�bl� ef�'c�rt h�s be� ��uth Min�€�sota, anci �t z�atic�nal leti=�l, ta c}�ge anci a1t�r t�e teg�s��v ��h� �es�rect t� cont�e�ing tl�e r�ght c�f ��cai ��vern��n� �8 f�nchis� c�.bi� s�r�ir,�s, buiid-�ut requi�z��is, pu�ilic, c�clucatat��a1, a�ci gcrv�m�era�.l �cc�ss c3��s and f�di� �nd �'�ehise and it�clu�i:t�. t�e City, ha� V�I�F.��.�, �3' c�z�zuna�es throu�t�u� t�e cc�untr�, g ex�ded s�b�t�al ��g��at� franehise� t�,at e��ure t.�at l�caI n�ds �re z�e� i.n�luding tbe �e�relopz�s��t of �c�.t �c���ity prc�grams and tel��ri:�� p�b��ic ztz��i�ags c�� cornmu�ity infi�rest �,nd therefs��, t�i� �ity` is c�nc�m�d tY�t �ro��s t� ��i�nat�; ��c�ising t�i� I�ca� I�vel �vauld eiimina�t� a�ility �s��e City tQ: Cabl City m�n��; ��lace a��g ��rl� �I�visit�n equ�prn�nt, r a u Prcivi�.� the a.�rd-u��g laca� �e�s�.sts a�t� cc��uni� P� r�v�ring ��r �ch�se �rea, rod;uce l�cal, Off'er �b�ic �ss f�cili�ies ��c�w �i�zer�.� to p c,.���nity-u�.ented at�d d��`�rse pro�r��xnin� services; and +�nsur� ��:t alI ci�ns c�f th� co��nity �e r��'��ed acceess tc� r�i�l� te�e�Tision ���ardless t��'�i�u �c�rne �tatus or Ioc��itan. �4�R�A�, th� �%ty �eli�ves that a11 citiz�s ancl a�.1 areas cr�' cit�es �k�c�ttl� h�ve �e s�� �ccess c��le ser*�zc� ��aXdle�s of tYi� ecanc�tt�i� eondi�c�n af �y +�f its �i��s €�r the eco�n:oxnic ��c�itic��a af any a city's neighba�hc��� in�����an� ��.s ��'��in� �eed tv �i� re�prnszve tc� diff+�n�g; �-Y �€�v�:z�rm�s� nat �t�te or fe�erat �.ge�cies, are in t�� best p�sitic�z� �c► d�t�r�nine di���z?�, local ��ds int��e,�> ax�:d i� ��.t the ���ul�i es jwith th� cl� c�� �e �l�c�� ia�dusi� Y �e �lovv� to ��ide �idec� �ez�i�s to c�nly �e �ei�i�rh�d� th�t they c�tez�e to �e t� rc���ses and c:�s�am�ty ch��l.s �d ���r �mmun�t� d���ra��� a�t� �i� lc� &`an�hi�n� P s�rv%c� r�'e�n��� �r� a��°d�n �'t�r n.ew p�sviders� �n� throughrs�t tk�e couz�� �'�r it� I�.d�rs�� b�ause it �A�, ���est�ta i� re�ccs�.i rs�c��s ��tab�is��i the �inn�so� is o�e o�'t�.� f� ��e� v,�th s��-�irl� c�bl� fr�nehisiug p t G�t�Ie Ac�, Ch��r pravid%�� tiu�i�'c�rcn grbvisaon� �d, r�uir�m�n�s �pP p�c�viders c�� c�€bl� s�rvices n�ust b� foi��€vv�d by Ioc:�1 �€�'�e���?�ts; �d �1��E�.�� there is si��c�nt evide�ne,e tt► su�gest t�iat the l��nne�ta Legi�la�.ure r�eds tc� chan�e �i� ���sot� law to a�c��odat� the telec���� ��n���a�� ��the see�ng i� �ro�d� �mp�%tzt�v�: cabl� �e�v'sc.�s inas�n�zch as �t �as n�t 2� �i.sti.�� la�r is a���n, i�' ��sg��ba� applied, Y€� ar�y f�rr�ri �f n��t en�xt, includixig �e telecorn��uni����� pr4vit�c�r�, aud �ER�,�S, �he �i� in c�j�anati€�n wi� o��r m�mbexs c�f �e I�1'�S��C �tr���c��sly R �bj� to a�y pr���a� ar p�1i�y r�cc�n�m�ti�� ��t m a v��ic� w�u�d s�c tc��s,��e pro���� s ar t�ther ��i�l intere� �rc���s s�� as t�ie teiecc� ���an������ ��thor�t�. fr��n �hap�` �3� t�f'M�nxae�€��a �tate �.aw charzging ���V', ���.E�{��, �e �t zesolv�d �Sy the Ci� Ct�uncil c�#'the �it� �f Iv�est�t�, t.��t: ���TI�N 1. That t�ae �ity h�r�y �i��ro�sly ap�ses �ny s��e �r fed�rrat ���is����on that �ill re�� t� ri��.t �f 1�c�1 gt�vernm�nts tc� a�prove an� admi�aister :�ch�s�d ca�le s�zvic��; fe� m �}�g� re��able �`r��his� f�e� far the use r��f the r��l�tt-crf way, tc� estab�i�h b��n �n�, fa,ci��ti.es incluc��tg p�1��ic, ec����o��, �d g�'�errr��ntal a�.cess ch�els, ia��ludi.�� �n�} �qui�me�t �i�r sc�c�i chs��l�; and fi�a reqt�t`c d�d�ca�d cap�it} cir iz�stitutic�ru�ii ���va�k syst� fir� �duc�tic��a1 �nd g��er�en�al gurp�4ses< 'I`�� �i�.y z��ectf��ly r�qu�sts t1a�t t�e �i�est�t�. �gislature �€�t ��n�°� ar e rervlsi�ns af ���t�r 2�8 r�lated to lacal fr�ch�sz�� a�' �1�1� s�rr�ice ir� I��i.����� c�� I�v�e Ied e� to wc�rk to�er v,riti� the h��s�t�. �e�sS�tur� an� �er 3, 'I"he �it°� P ge e g s s �p��,rt p��ici�s it is bel��ved will r,��,tinu� tt� pr�t�c� the r���s ��'ail��te u� �e Citj�. 'I"h� Cit�' ��.Il. st�ppc3rt �i�°c�rts ctire�t�d agai� legi�l�s �f in ��a e�urc,���r� pe��s r�sidin� in �ie City w�� ha�ve unf`ettered ��ss tn �l �'o�a th� bres�es�t ran�e Qf r��ht� and int�rests tc� ensur�� b� o�t�Ii�at��� P a� �e bene��t from th� use af public r�ghts-of �a� �..w. 2-$-0'7 ��,sation �n the ft�� c�f ��chzs� f���, P u��i�, educa�.ox�.l> �d gt�°���ental acc�ss �t�iz�g, �d c��er suppo� services as �avell as a����g ca�canit�: neec� re.�€�u�tra,ents x�c�t�i�s�d�rt� t��h�c�it��ic�l eh�ges c�r ac3va�tceme�i�. 'I`h� ���1� ���mit th�s Res�I�ti4n ta �.he i���anesc�� Le i �lat%n� t� �e��na� rs ��as� s ar� i� a siti�n to �ect �e�,�l per�ns the �z�y be�e�� I� r��ztli�� h�'e'�x. S��'��}� �is I�.e.sc�l�t�� l�cc}mes ef�'ective ��n a�sp€�ava� �.i. �c�c�g�ic�n �y �e Ci� C�un�i� faz� �i�y �f ��p�� i� ����;r �essi�an a� t�e �ity Cr��il el��- of ��yaz A"1��T. �ity �lerk 3 _�.tl'� �.rT o. ,y�z�.s'� :7 y' y -.s� ��a� M 1��` 'a,� s e s :�c 3 v� 3 s z� i .s �3f v� c f 9 �r E -y C z �a� b s y i .t e A �i� ;y v a a s a s��� S ;.��a b �i �'�4 �cc .�s y� f 3 <fl r x E N -.,.1 .:""I� t T i{ f a ."�p`�. z f. q'� G:.�"' :�?r't" c a ciss v ra a s x5 9 k �:;x 4. ��"�h c. '"�v ,y� �Q''�3 �c �c 'J �a .?i �''J h y �r� k$. f�" i v a 5 f s c .in k f A i z z i „ts z ��..s ?,a a .r 7a C R a P`�,�, v Z fi: 3 s, �s �A,. ���r O�� .i p��� �.`i t2. d ti s� ���s S� '�x-„ 7 �9. A x W s c '>ifi- �<k a �U A �a�. �f y� K 5 Ty `2 a ;a y �.i ri �'t r c a `y �t�� F t� w s �r"� t f Y r F a�� k ,y� �"f c W� ��v c3 Z a� J 4 y �>3 �z' s x� a v E s �r g f f y5' i% .A ,a" 4 �A ,f '����a s s �a y ��"p r a a 'v�. y 'c'� y 3 F �`�.5 i a ��y Ts Y 9 v: ::.x r '�r.� q� r�'�� w L; i a� .l� .'r g u s, r 6 y fi x �i. f f a Y� r�r'�, a t 'l\ �g �z 6 �Z �j,� �Tg r, /"�4-l'� �4 �4. S A 5 h v� z E E rt r ��c Z" '�;i 3+i3 ai z r4 s 4z r4a� T� y Y.a$% 1' t'� S'✓� 8 v. t-3e a; ��St. y T� uy 4 a.. m� 4 Y2 fn: f 7 1 5 x- �N*' ;''R P s f T s h i j, e G 3 f �o1�c�' �4y 3= 2➢ -y1 �;F ,,,j�" Y t''A�' ,�s 2 "'a �3' ',9" lna f/ a d W i L l2✓����'��� s �`f t�r fi t e�- k s t ��z Y i i 3 fi k. ws. 3` �r� 9'; f a ��r �y' f er 5 �w z �s .i 3 F�� a ���q v i l C �'i�� �F' s� 9 �a l �s�t h F �a ai� t w< G r y r �S v�� 4 y k 2 5. 3' �,i h E� z L e� f 3 r x q ,r� ��5�� 6 n, 4_^ ta �.,n. v� y F �.i�.�,.: i: 4 .?�r,� i., rzn z„ a COUNCIL ITEM MEMORA<'�DUlY1. TU: Curt Bo�aney, City Mana�er FR{}1VI. Tc�dd Blamstronz, Director of Public Works DATEt M.arch 21:, 20a7 SIJgJEC'T: Water Utility Shut-off Policy Regarding Water Metex Rcading Recommendatian: Public Works staff is recommending that the �ity of I3raoklyn Centier reinstitute the pravisiazis of City Gc�uncil Poliey 2.32 relatcd ta Water tlti3ity Me�er Reading. This pc�licy provides for tl�e termination of water servi�e in respanse to a customer's failure to provide �t1eter readings. The recommend:atic�n is baseci c�rt� a1� zncreasing frequency af ineter re.ading issues ��ith custax�iers. Background: Section 2.32 of t�le City Cade of Polieies autlines the ����ter utilit}� nzeter read�ng pQiicies and proeedures far the �ity of Broaklyn Ge�lter. Sever years ago, tl�e �'zty disconlinued the practice of water shut-offs i�� res�onse to delinquent utility bills and failure af custonlers to retum m�ter reacting caras. Delinquent utility bills are currently addressed througl� t1�e special assessnzent process. In response to customer failure to retum met�r reading caxds, the I'ut�.lrc Utilities l�ivisian has been lian� delivering notiCicatian door tags to customer�. T�� �tepartrnent reeently prepared a list of cuslomers �uha have n�t returned meter reading cards f�r more than Four consecutive quarters (rnare than one year')• A tatal of two hundred thirty one (231) custamers currently have not returned Y�neter cards far more than faur consecutive quarters. Within tllis category, a total of fifteen �15) custqs��ers ck���ently hav�; nat returned n�eter cards for more than eight consecutive quarfi��-s (n7ore than twa yearsj. �fter sevex-al years of implementation, Public Works staff has conctudcd that the curreni practice o£ hand delivering notificaiion dQOr tags is clearly not effective. An increasing amoul�t af staff tinxe is being consumed by delivery of nati�cation door tags. Staff is available �o further c�isc�iss this issue at your request. i Wtater G`tility� Meter Rending Policy City� of f3rookl}m Center SEe'TIC}N II GEl`�ERAL FOLICIES City G�u�ciI Code of Palicies 2.32 "4Vater Utility l��teter �eading Falicy Bx�ociklyn Center (�rdinance 4 145 requires that all water ufility that wa er servc�e�rnay be prc�vide those readi.zngs tt� the Utilities Division. Sec4�on 4-202 s�. rc diseontinued to an.y praperty for disregard of duly establishecl rules and regu.latians. foilt�vving is the policy regari3.ing meter reading: mailin� �neter e 1$ da s after the date of adin is du Y o erties: A meter re g 1. �tesidential Pr g in cards. reacl g 2 Ncrn-Resideutia� Properties; Public Utilities Division ernployees read non-residential propert� meters each quarter, 3. If a meter reading is not provided and the meter readi�g �er n�the�next u�tility bill delinquent meter reading penalty shall be assessed ta the c Ivleter reading penaltie� are establi�hed annually wath the utilities rate schedul.es. 4. Residen�iai Progerties: If after fQUr consecutive quarters� the cust mer tl at they 'lities Divisian shall na fy submi�ted a meter reading, the Public Utr �nt ft�r meter reading. Such not�ce shall also have 14 days to schedule an app ointm e a ri ht ta demand a publi.c heanng at the next inf�rm the customer that they hav g regularly schedule Council meeting tn sho o City Cler�k�within�l0 days.�If na shut aff. The demand must be rnade �n wn g �uritten demand is received within that time peric�d, then it is assumed the custorner waives the ri ght ta a hearing. 5. Nan-Residentiai Frogerties: If after two consecutive 9� be no fied that ey�have Division has no� been able to read a meter, the customer shall 14 days ta schedu�e an a�pointrnent for meter reading. Such ne�tic at the next e g��� Y customer tna.t they have a right to demand a public hearing seheduled Goun�il meeting ta show cause as io why t1�e'�r 10 da�s. 4 If no h wr�tten The deman.d mu st be made in writing to the City C1erk Y e 'a� it �s �ssumed the customer waives th 'n that time en demand is received witlu P a hearin ri t to g eheduled inee�ng at a re larl.y s dministrative l�earing an a The Cr Council may at ions as it deems taff ta take such act ter to a ro erty and order s ut off of wa P P consider ihe sh �re necessary. If b the end of the 14-day periad the customer refuses to schedule b�a�°��o ahtain a 7. Y the Publie Utilities Division is unable to ofherwise g�I�c hearin� then the uater. shat.l b� reading, and if the cusfiomex has nat dernanded a P turned off immediately. Ftefer�nce: City Cou�cil Resalurion No. 93-63 City of Brooktyn Center 08lI4f06 Page 245 CI�APTER 4--- P[JF3LIC UTILITY AND SERVICE DISTRICTS Sectior� 4-1 Q1. FUNC;TIC�N. There shall be in the City of Brooklyn Cenier ���ater utiliCy, a sanitary se�er utility, a starm draii�a�e ulility, anci a street light service district. Sec�ian 4-102. MANAGEM:EI�1T. The city znanager shatl be respansible for the rnana�;ement of the pu�alic utilities and service districts. Sect;ion 4-103. FtJ�3LIC UTILITIES AND SERVICE DISTRICT ��DS. There s}�ail be maintained within the City ac�aun�ing system separate funds established for each distinct utility c�r service district. Atl monies callected by the public utilities and service di:stricts sl�all be de�osited in the appropriate fund. Each fund shall be used to meet alI t�e expe.nses far operation, maintenance, repair, plant expansit�n, and ad�ninistration of that utilit� or service district. Sec�ion 4-104. R.A.TES, FEES,'AND CHARGES. The City Council shall adopt by resolution schedu�es of utility and service rates, fees, and char�es v✓hicl� schedules shall be kna�un as tlie public utitities rate scheciules. Sec#ion 4-1 Q5. CHARGE PROCEDUR.ES. The city rnana�er sha11 establish pracedures far determining and caliectzng custamer charges consistent with the adapted rate scheriules. Charges for water service shall be based upan a rnetered quantity of water which a property o���er or occupant draws from the municipal system. The praperty owner or occupaz�t shall be respQnsibie for reading his own meter, recording tl�.e meter re�dizi� on a po�tal card pravieted by the public util'zties di�•ision, and returning the postal card to the division within the time limit specif ed on t�ze card. Failure to return a rneter �ard to the public utilities division within the specif ed tirne shall result in a service charge as prescribed by the adopted rate schedule. Utilifiy a.nc� service accounts sha11 become due i.mmediately fallawing billing and s�all be co�lsiderc;d as az1 obligation of the respe�tive property. A service charge as prescribed i�� the adopted rate schedule shall be added to the next bill.in.g an any account t�n�aid one month after the date af billing. An adciitianal servi.ce ch.arge shall be added. for each subsequernt billin�; periad in which such 3GG4UIlt, including aceumulated service charges rernains delinyuent. Any charges whicll are delinquent and which have been properly billed to the pr�mises may be certitied by the city clerk to the caunty auditor for collection fram the property c���ner. The �mc�unts sa certifieci, incluclin� service charges and interest cornmeneing fraYn date af initial deli��quency, shall be extended by tl�e catinty auditor on the tax ro1:Is against premises in the sarne nlanner as s�ecial assessn�enis and slzal� be paid ta the City alang with tax revenues. Unpaifl charges for aperation Qf the street light system shall be certified for collection as special assessments in aecordance with the procedures specified i i.� Minnesota Statufes, Sectiozi 429.101. City af Braoklyn �`enter 4-I �'itv OYCtirz�rze� I Section 4-2Q1. WATER: CONNECTI4N PROCEDURES AND R.EGULATIO:�TS. Sut�division 1. i?ermit Applicatian. Any property owner desirin� a permit to connect a dweltin� or ather building to the public water system af the C.ity of Braoklvn Center shall apply therefor, through a licenseci plumher, at the City comxnunity developn�ent department. Subdivision 2. Payment of Connectian Charge. Prior to issuance of a connectian permit the applicant sh�:il be required ta pay the connection charge in full. Subdivision 3. Connection Requirer�ients. No water service line between the curb stop and the plumbing system of any ciwelling or other building to be served shall be canstructed until a licensed plumber has abtained a eonnection per�nit fram the planz�ing ancl insp�ction department and a water meter fram the Public utilitzes diuision. The adopted permii fe� shall be paid to the' city general fund as payment far inspection services. In constructing ���ater service lines piu�nbers shall adhere to standards regarding location, size, �rade, materials and workrr�anship as det�rtnine� b� the public wc►rks directar. It shall be unlawful to eover the water service line until i��s�sected by a repr�s�ntative af t�e planning and inspection depa,ri:mer�t. A water t���ter shall be installed priar ta connecting the water service tine to the premises' systern for consumptio� t�y the custo�ner. Subdivisian 4. �eparation of Supplies. When�ver any pr.emises ate cannec�ed fo the municipat water supply system there shall be a complete physicat separatian between the municipal water. supply system to such premises an.d any private water st�pply systen� so that it is iznpassibl�, either intentianally ar unintentio��ally for any water produccd by a private water supply system to be mixed ��vith the municipal ��vater supply. Subciivisicsn S. M�ter Installation Requirements. Uniess othcrwise authc�riLed by the pubiic works director, no t�ater shal.l be drawn froni the rnunici�al water s��pply system untiI a i�ater meter has been obtainetl from the public utili�ies divisian anc� instatled to accurately me�sure all of the water drawxz from the system. The publie utilities divisi�n shall resez��e the right ta seleet a n�eter of fihe pxoper size based. on the expected maximum flaw tl�rougl� the service pipe. A11 xne�ers skall be set at the nearest practrcable location to the pain.t wliere the service pipe �niers the building and sha11 be set in such a manner as to be easily accessible far readii�g, rerno��al anci resetting as determined by �lie sti�ervisor of tlie public utilities divisian. Sut�c�ivisian 6. l�!Ieter Qv�r��ersliip and Maintenanc�. The wat�r meter shall be �urcl�ased by the owner af the premises fron� the pu.blic utilities divisian at a price established in the public utilities rate schedule. When a custorner sells his propert}r, the ��ublic utiiities division. shall repurchase tl�e meter from the customer at the przce which the customer purchased tile nzeter. If the account is unpaid at the time the customer sells his property ar atilcrwise terminates watier sen=ice, the public utilities division shall deduct the amaunt of such u��paid account from the repurchase price of the meter. C�ty Qf B�'ookl�}�ti Ge�tter 4-2 Ci�ty� Qrdija.ctrzcc The publie utilities division shall be responsible ta maintain an.d repair aIl waker �n�ters in the systein as may be necessary. H.owe�•er, the cost of repainng water �neters damaged thxaugh r�egl.igei�ce af a property owner, his tenant, ar his agent shall be aharged to the ovvner of the meter. The public utiiities divisian shaTl replace or repair meters found to be warn ar defective anci tl2e custorr�er shall aff�ord enfry at reasonable times far such replacement or repair. Subdivisian 7.. Service Line Responsibility. The c�st af installing all water su�ply pl��rnbing units, including fixtu,res, out}ets, val��es, and the supply lines between the building and t11e curh stop, s�3all be barr�e wholly by the pra�erty owner and such plunibing shall be subject t� reasonable inspections by representatives of the City cammunity development department. After the initial co��7iectian ta the curh stap, the property owner silall �herea�:er be liat�le far all repair ar �rade adjustments to his water service line between the street main and t��e building being sented. Tl�e pu6tic utilities division supervisor shall have final authority in deternzining when such repar`rs or grade adjustments are necessary. The supervisor shall give written i�otice ta tl�e �raperty o��✓n.er of tlYe necessity for rep�irs or adjustrx�ents and the time wit�in �vhich they must he completed. Su�divisian 8. Fire Connectz�ns. Any person, firrn, or carporatiaz� desirin� t� cc�t�nect �re stand pipes, f`ire supply pipes, private fire hydrants, or fire sprinkling:pipes to thc City �vater system in such a manner thafi the water suppli ed to said fire system is not required to be metered, shall naake application to the planning and inspectian department. t?Vhere such applicatian is granted, i�ater shall not be drawn for aany purpose other than fire suppression, A detectar check valve type n�eter or ottzer device approved by the supervisor of the public utilrti�s division sllall be installed at or near the plaee of connectian ta the water service pipe, except far the case o�private fire hydrants. An annuai fee shall be paid as prescribed in the aciopted rate schedule and annual inspections sha�I be made of the connection. Subdivision 9. fleceptaz�ce of Tenns. Every praperty ow:ner receivin� ar applyin� f.or water service from the Tnunicipal system shall be deemed by such receipt ar applicatian as consenting to al1 z re�ulaCions, and rates relatin� to the public utilities division drid sikch rules, regulatio3.is and rates a� may fran� tim� to tinie be establisl-�ed by duly constituted authority. Every persQn autharized to perform work on the municipal ��vater systern or on the property owner's service line or an the praperty o��vner`s plutnbin� system shallbe dee�ned by such authorization as cQnsentin� tc� all ru:les and regulatians relative to the public utilities division. 'I'1�se application for or continued use af any coz�znectian to the City water supply system by tl�e owner ar o�cupa�zt of a premise shall canstitute authorizafion. for any au�horized emplayec of the public utilities division to enter u�on the premises for the purpose of reading meters, inspectin�; facilities related theret4, or any other purpase reasonably necessary fQr th.e proper aperation and nxaintenance of the nleter and serviee line. �ity af 13roaklyn Genter 4-3 City �rdinunce Section 4-202. Ct�TvrDITIONS �F U5E., Subdivision I. Authority to Rcstrict Use. The City af Broc�klyn Center hereby reserves the ri�ht ta tirrxit the use of water fram the Ci1y water supply ai�d distribt�tion system and to prescribe emergency conditians for use of water. The City Council may in its discretion adop# a res�lution supple�nenting the sprin:kling ban under Subdivision 2 wilh a tatal prohibitifln o�Y sprii�kling. Subdi�rision 2, Sprinkling Ban. To protect the health and safety ofthe consuzners anc� the general welfare of the City; and ta encourage water conservatian, the City hereby adopts the following permanent sprinkli�g han. Tl�e sprinklin� or watering o f lawns ar�d g�r�e��s is prohibitec� front Ivlay 1 to Septemher 30 each year, provided, however, tliat odci-numbered praperty acidresses may water on odd-numhered days, and even-numbered property addresses may uiater on �ven- n.umbered days. Subdivision 3. Ehceptians. The sprinkling ban under subdiviszon 2 does not apply ta; a, prope.rty owners using a private weli for sprinklin�; b. Froperty ow��ers who c�btazn a watering permit fram the C'rty for the watc;ring af ne�j sod for the first twelve weeks after it is sadded or tiie watering of r�ew seed far t.he �rst trvelve weeks at�er it is seeded; and e. �ro�erty owners wl�o have received approval fram the Ci�y to operate a cirip irrigation system. Subdivisic�n 4. Discontinuance of Service. a, The public utilities divisi.on may discozltii�ue service to any customer af tlze ���ater systern without natice when necessary for repairs. b. Upon r�as€�nable n�tice, serviee may be discantinued for nonpayment of individuai accounts, for disregard af duly established rules and regulatians pertainin� to the operations af tlYe water clistribution system, or for �'iolatiai� c�f the s�rinkling Uan pravisians in subdivision rvice is discontinued for nonpayn�ent of accaunts, disregarding duly c. Whenever se estat�lished rules and regulations, or £ar violation of the sprinkl�n� ban, such service s hall not be resumed except upon payment of outstanciing �ills, enforcernezzt fines, fult compliance with duly established rules and regulations or spn�iklingban, and the payment to tl�e public utilities division af a service restoration char�e as prescribeci by the adopted rate schedule. ub2ic u tiiities division sha11 no� be Tia�le for az�y Brookl Center ar the d. 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February 26, �Ot}7 RESOI.LTTIt�N 11�flDi�'Y LAS�I�'`rUAGE 4F Ct}CINCIL PULI�Y SE+eTIt3N 1.6 TO GUIF.�� CITY STAFF fJN H4W TC) INCORPt�RATE CC}UN�IL MEMBER II�TI'FIATED ITEI�€5 INTt) THE �NC}RK SESSIQN AGENDA Il�1 AN f?�}ERLY' t�.ND EQUITALBE I�IANN�R. Whereas, C�auncil members may have numerous wnrk sessian agenda items vying for attentian; Whereas; C+auncit mem�ers want an equal oppor�unity tc� bring fc�rth wgrk sessi�n agenda itern for discus�ion and c:onsicieration; and �lhereas, the City Manager has requested guidance on haw to scheduie Council me�nber agenda it�ms Far wc�rk s�ssions; and 13aw, Therefare, Be It Resotved by the City Council of the City of Br�aoklyx� Center, that Sectian l.b of �lie Gity �t�uncit Code af Paliaies b� madif ed with th� nnderlined text as folia�vs: 1.6 �11 encla The a�;endas £err regutar Councit meerings and V4�ork Sessions are prepared in the �ity 1Vl�nagergs affice, Typically, agenda items are submitted t+u the �ity Manager by the Gity degartments by Monday pre,ceding the C�sunczl meeting. CQUncii members ma� aisc� submit a�enda items b�i nc�on of the �recedin� Mc�ndav far inclusican on the next Work �ession. Sufficient time will be allocated to Work, eil member mav submit at most one item for Sessioz� a��ndas such that �ach Coun r�da is re ared di�cc�ssian. t3n Manday p�'eceding the Council meetmg, a draft �ge p p and discttssed by City Staff. i� 1 for W ork Sess o There are no materia s Item No. 4