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Home My WebLink About2006 08-28 CCP Special Session Public Copy AGENDA i CITY COUNCII. SPECIAL SESSION August 28, 2006 5:00 P.M. COUNCIL/COMMISSION CONFERENCE ROOM BROOKLYN CENTER CITY HALL 1. Call to Order f ana er 2. Review Semi-Finahst Candidates for Posrtion o Crty M g 3. Adjourn NOTE LOCATION CHANGE FROM COUNCIL CHAMBERS TO COUNCIL/COMMISSION CONFERENCE ROOM AGENDA CITY COUNCIL STUDY SESSION August 28, 2006 6:30 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. Adjourn CITY COUNCIL MEETING City of Brooklyn Center August 28, 2006 AGENDA 1. Informal Open Forum With City Council 6:45 p.m. provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes —Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. August 14, 2006 Study Session 2. August 14, 2006 Regular Session 3. August 14, 2006 Work Session 4. August 21, 2006 Joint Work Session w/ Financial Commission CITY COUNCIL AGENDA -2- August 28, 2006 b. Licenses 8 Council Consideration Items a. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees •Requested Council Action: —Motion to adopt resolution. 9 Planning Commission Items a. Planning Commission Application No: 2006-009 submitted by the Luther Company Limited Partnership. Request for Rezoning from C-2 (Commerce) and R-3 (Multiple Family Residence) to PUD/G2 (Planned Unit Development/Commerce) of four contiguous lots located easterly of Brooklyn Boulevard between I-94 and 69�' Avenue North and development plan approval through the PUD process for a two phase redevelopment and expansion of the Brookdale Dodge automobile dealership and the former Ryan Olds properiy. The Planning Commission recommended approval of this application at its August 17, 2006 meeting. 1. Resolution Regarding Disposition of Planning Commission Application No. 2006-02 Submitted by the Luther Company Limited Partnership •Requested Council Action: —Motion to adopt resolution. 2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Easterly of Brooklyn Boulevard Between I-94 and 69�' Avenue North). •Requested Council Action: —Motion to approve first reading and set second reading and public hearing on September 26, 2006. b. Planning Commission Application No. 2006-010 submitted by the Luther Company Limited Partnership. Request for Preliminary Plat approval to divide and combine to reconfigure three existing lots addressed as 6700 Brooklyn Boulevard and 6800 Brooklyn Boulevard and 4101 69�' Avenue North. This application is a companion application to 2006-009. The Planning Commission recommended approval of this application at its August 17, 2006, meeting. •Requested Council Action: —Motion to approve Planning Commission Application No. 2006-010 subject to the I Conditions recommended by the Planning Commission. 10 Adjournment i Ci Council Agenda Item No. 7a Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM T O: Curt Boganey, Interim Crty Mana �r FROM: Sharon Knutson, City Clerk DATE: August 28, 2006 SUBJECT: COLTNCILMEMBER O'CONNOR: Requested Changes to Minutes Attached are changes to the minutes of the August 14, 2006, Study Session, August 14, 2006, City Council Regular Session, August 14, 2006, Work Session, and August 21, 2006, Joint Work Session w/ Financial Commission as requested by Councilmember O'Connor. Attachments 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 �'t� �r� v� y f �a�ci��ber L� rnquired a�aut camments r�iv�d by other Councilmembers during National Night Out. Mayor Kragness stated she �eard no compiaint� this �+�ar whziie stten�� din th� div�rsity of inc�o�r garties. �auneiirr�ember Gar�nody stated she hea� cd�ent� �ep� g the, �z�y, code enforr�mgn�, and speeding. Councilmember Lasman stated she heard complaints/conc�rns regarding the nu�b�r of rental uuits, code enfor�em�t, and s�� Bagaae� st�ted he re�ei�e� �s�p�i�nenis r�ga�ding the PoliEe Department, and City Staff, hawever heard concerns regarding noise, traffic, out street lights, and eur��r'�'' �°t��°�. aa� �1�c �f s p R- ��b�. Cc�nnaL disc�ssed an incident where a resident was cited for parkinS on the She statet� same reside3ats are �n�cem� v�►ith the e�cc� �oun� af r,�de enforcem�nt. pISCUSSI4N 4F WORK SESSION AGENDA ITEM5 AS TIlVIE PE�TS �'4�E� I�RAF�' LE'�ER TO A'T'�OItNEY JILL WAITE Bog�ney distributed Iett+�r frc�m Atxorney 3i�1 �ait� da�e� 1�.�g�st 11, 2QQ6: He explained tha� �ie City has b�e� very responsive to the Attorney. He discussed the details of the case �i� stated he t�iinks a brief tha�k y�u letter should be suf�cient if the ��ty Cc�ci:� ehc�►ses ta resganc�. �+�uncilmembers I�iesen and �azmady stated a respa�e �c� �e ��a�ey ts n� necessazy: uests gu��ic ir��rm��io� Councilmeml�r �'�onnor inq�ired �f the pmcess when a garty req asked if peo�l� arr� bei� �te€i i� ��p�r dire�tts.Qn. lv�r. Boganey responded the public is tti� are n�t. He stat�d the being directed to the correct person; however Ms. �Vaite is claiming Y inf��ti�n R�s. Waite requested was nat public data. �e s�ed �t �a� d� th�t was pazt of the c��ov� process, which she did get through the Prosecuting Attorney. AUJQ►�RI�T �'TUII� ��►�Ul� Il��FORMAL O�'�t FORTJN� WITH CITY COUNCIL �oui��ilmember Niesen �aved and �a�mcilmember �atm�dy �et�nded t� �lose the Study �essio�,a� 6.47 �m MQ�an gas�ed u�c�v�Y• RECUNVEN� STI��"�` �E�S�QN Cauncilmember Cannody moved and �ou�cilmmember Niesen secondeci tQ r�vgen Seseian at 6:4? g.m. Motion p�� unanimously. Councilmember O'Connar stated concern �.t accut�te uiforniatio� is na� �ein� given a� a tim�iy �ann�. 4 DRAF`I` Q�ll4J4fi S/ vl�r J� S.S I'� r e C. e- Gi l w� evn �1 r1 vi fl�/' S ct t d. G c� r� S' t� i�� c� S e.� �'l e r—� f�v►'� l.r Q. r^ T� o I ri� E..- G�'�� cC r'lot r,` 1r' 2.e'': Mr. Blcs�,strom dis�,�uss�d th� infilt�i�n desi� �t�� t��t rt�ly ��l��er�t�ci fbr new projects in the City. He dzscussed options for existing dev�lvp�nents such as rai� garder�s and underground vault structures. Councilmember Niesen i�qui�� aba�t t�� f�llowi��. d�f��ion of c�t �nd fill fQVr vagu� recommendations on page 62, alternative storm water devices, dFainage to Twin Lake. She stresse�i th� it�pv�`�ce t�i w�lEia� �vit� �he surrou�din� ei�ies in regards to waateeished. She inquired about: retrofitt�ng of the existing system, floac� areas are,und the Oppnrttmity Sit�, development of goats, pramation of local shoreline regulations, assessment of Palmer Lake, pho�haro� ��te�� d t�� noni�ring of �ontaminants and s�ther nutrients in Tvvin Lake. 1VS�- Bia�s��m ��nd�di �o Couneilmember Niesen's inqttiries and noted the drainage boundaries on the map in regard ta Twin Lakes. He discussed a meeting with the City af Crystal's Engineer with the intent to devise solutions to joint e�orts regarding watershed. �ie discussed the conditions af Palmer Lake, and that the priority of the report was Twin Lake. He di�c�ssed the ass�ssment of tli€ �ak�s by th� PCA. iViayor I�ragness inquired abaut the cleaning of Palm�r Lake's culverts. Mr. Blomstram stated cleaning of the cuiverts will be �ane every two to five years. Councilm�mb�rr O'Connor inquir�d. about the �anuat eost �d �ource o� fuad�g. l�. Blatast�am responded the �ame amount �s b�ing cutrently spent, which com�s from the Starm Water Utifity Fund. Councilmember Lasman moved and Councilmember Carniody seconded adoption of R.�SOLUTIOl�t 1�fi0. 2006-91 Adopting #he Revised I,a�al W�ter Ma�a.geme�t Plan �or fihe Ci�y of Brooklyn C�nter. Councilmember O'Connor v�t�d against th� same. Mot�on passeci, 9d. RESULUTIOI�T NO. 2406-92 CALLING TE3R A HEARINC OAI PROPOSED SPECIAL ASSES�MENTS FOIt DELINQUENT FUBLIC UTILITY �ERVICE ACCOUNTS Mr. Boganey discussed the proposal and stated the City has esta�lis�Z�d a��ssm�nt of deli�iquent util�ty service �.��nts a� a��r of palicy to be processe� semi-annually. Councilmember Carmody moved and Councilmetnber Lasman seconded adoption of RES(?�I�T�Ol�I NQ. 2QQ�-92 Galling for Hearing an Progosed Sg�cial Assessruents for Delinqnent Public Utility Servic,� �c�ounts, Coe,eneilrnembe� O' Corirlor reques�ecl that it be called Delinquent Aetive Aeeounts. lvtr. Blomstrom expiained that both active accounts and inactive aeeounts that are delinquent should lx collect�, M�i�a p�sseci �imc�u�ly. 08114/05 6 DRAFT C C'�c` r� f' C° r�--�e...��'�` din and stated concern that the f fiu� g so Councilmember O'Connar itnquired about source ex lauied that suffic�ent propasal is far $2b,000 more than originallY estimated. Mr. Boganey P ment to be p�uchased �°r �e Fire funding is a�ailable. He stated the next major piece of equip ent will be in the yeaz 2Q10. He stated research was done oe ea bl Q�the p hase; table. He staied if the CIt3' choos P� state and Staff feels this bid is accep ents on new equipment startin8 m the cc�st af the equipment will increase due to new requiremi $20,000 to $30 000. wil 1 sa t5' ment now wo r k s. ui s� d urchasin the eq p K ri,.en-i� 1 I 7. He state p g e� o�d 204 C �.`c�: t,r. b r a.+�� a s�{ ��t t�'�` M��, a., s�--t ment is outlined in the memorandum and Coune'lme�iber Carmody s�ated the n� for the equip the Fire Relief Association is being generous in its donation. Couneilmember Carmody moved and Councilmember Lasn� S n �d adoption of RESOLUTION NO. 20fl6-95 Accepting Bid and Authoriiing the Purchase of One 1500 GPM pum er and Accepting a Contribution from the Brooklyn Center Fire Relief Fue Apparatus P Association. Councilmember Niesen asked if the equipment would be funded by a Ge� S o F� n bu�S� an goganey stated the cost to replace.the equipment is put in the departm i�P�of ��pment are that is how it is built in the replacement fund. He stated all ma) P identified in the fund. Councilmember 4'Connor voted against the same. Motion passed• 9h. RESOL[TT�ON NO. 20Q6-96 AMENDING THE CITY EO E��N E DE OF POLICIES; ADDING PULICY ON CITY COUNCII. TRA Mr. Boganey stated the item was d�s��sed at a Work Session and fallowing the JuIY 24, 2006, meeting, tP�e City Cauneil recommended a policy be brought forwazd. Councilmember Lasman maved and Councilmember Cazmody seconded adoption of RESOLUTION NO. 2006-96 Amending the City Council Code of Policies; Adding Policy on Ci#y Council Travel Expense. Motion passed unanimously 9i. SET DATE AND TIME TO MEET WITH KARL NULLENBERGER, THE PAR GROUP, TO DISCUSS CITY MAI�TAGER CA1�iDIDATES Mr. Boganey stated Mr. Nollenber$er, The Par Group, requested that a meeting be held on August 28, 2006. He stated the meeting should last appraximately 90 minutes. Councilmember Lasman moved and Councilmember Carmody seconded ta set August 28, 2006, at 5:00 p.m. to meet with Karl Nollenberger, The Par Group, to discuss City Manager candidates. Motion passed unazumausly. 10. ADJOUP:NMENT 08/14/06 8 DRAFT C l� G^ra�c.r� c-�./ F 4 r �.,i� �o �-�E d Y`- te issue. He stated if a well is still working, the hame can be sold as tl�e capping af wells is a�ta b a Prafessicsnal. is, hawever if a weli is not bein used, it must be caPPed Y Councilmember/Conunissioner. Niesen stated concern. far standards preventing this from cleaners. Mr. Bublitz stated new chemicals are being used; happening again by existing dry howeve� he is not sure of the current requirements. Mr. Bublitz stated an actual source of contamination was not f�und, howe ae�r�a tank �ed the slab of the dry cleaner operation was found with a small amaunt af sludge m tank may have be�n used to catch spiiled materials. Councilmember/Commissioner Lasman inquired about the developer's He S�� ese investi�ations. Mr. Bublitz responded the City has met with the developer. aware of the issue and he believes they aze co�fartable� ��ess any contamin nts °u�a developer would most likely have to-form a conhngency p during develapment. Councilmember/Commissioner Carmody inquired about the po llution being in the corner of the property and asked if construction can begin or if the entire pazcel has to be cleared first. Mr. b� 'Fracy respanded the sequencing for the site will be determined as theY c�et�rmine the development af the property. He stated once the method t rotect the peaple is determin�i, the canstruction ean begin. He di�cussed the No Further s'�OO s� D forward s ��r and effects on the developer. He sta.ted anyone who owns PertY w a r ot not responsible for the current containinant issues. p�DJOURN WORK SESSION TU EDA Councilmember/Comrnissioner Lasman moved and Councilmember/Cammission�r Carmody secanded to recess the CitY Council Work Session and call tc� order the Economic DevelaPmes�t Authority Meeting at 9:08 p.m, Mation passed unanimously. REC4NVE1vE WORK SESSION The Work Session was reconvened at 9:31 p.m. SCOTT AND RENAE PRQVOST, 7032 WILLO�V LANE L�INIIT �N T� r�ER OF DQG� 'scussed the histo of the item and s#ated there is not a solution for the Provost's Mr. Boganey di r'Y Cauncil. other than an ardinance amendmen� He requested d�rection from the City MayarlPresident I�ragness explained that the City Council worked very hard on the ordinance when it was drav�n up. She explained that at that time, resideats were atlowed to apply for a kennel license. She stated ignorance of the law is not an excuse and she believes the Pmvosts 08/l4/06 2 DRAFT wv�� Sessi a� S G a r��e c �t .s 3a. R�VENL3E TRENDS AND ISSUES G�neral Fund Revenue Mr. Bog�ey diseussed th� R.evenues by Source 20Q2-2007 Fiscal Years, h a Sourc� at I,229,000 LGA. In response to Councilmem �e��l m�o A is used or b y sed. He discussed the difference 3% wage increase is proPo So m T�es with $667,6�5 of LGA fQr_ is not u�ci. He discussed Major Funding �ratians. He sta�ed th� difference in the Qperations verses the use of $1,229,388 0€ LGA for Op �ie stated the ro ta�c l�vy if t�e fiill �naunt LGA is used verses it LGA� was used f� rations, which P P�'h' e if $667,66� o increase in proPertY ��s would be c��h was� would be a greater increase �ian 1 az` 7 a�/a uired about decreasing praper� #axes Dire�r af Fiaancial Commi��Qner Shagren �mith inq residential propertie� rt Servic�� ani�I Jordet staxed the City the Gi As�essor is find� u d tY Fiscai anc� PP� erties every other yeat. He �t�e each year and ccan�ercial proP �dy� increasing, and few aze decreasing• �at most �trope�fiies are r�ma:�ning he diseuss�d th� Limited Market Vatue concept at the State Ievel. Taxes b Ty�e-24U2-2Q07, Local Government Aid-20 02-20�4�7 Mr. Boganey pe�' d PriniatY F��ing ource�-Prop�rtY Tax and LGA-2Q02-20 t�ons, and P_r History by Type with �6C7,665 LGA in 4pera $1,223,388 af LGA. fQr C}pei'ations. 3b. LOCAL GQ�VEPS�NT o ane discussed the unexpected Local Gavernment Aid incre�se on this Yn he Mr' B g Y t�e C�ty n�a�' ��t be able to coun although the increa�e is a goc�d thing, future. '�'he City Cc�uneil, Finaucial Cam�n�ssioners and Cit� S� discussed the reduction in population and the effeets on Local Government Aid. ested bud eting $540,4(�, a more nnanageable lass if t1�e LGA CQUncilmember Car�dy sugg g was reduced or paymen� wa� not received. She stated her preference �i�t ��Of},000 t� �600,0(10 lied to non recurring be app�ied to recurrii�g vperating e�pens�s �nd the remainder be aPP pro operating expenses. She stated preference that the ea �e �o��an or tawards and statgd ta�c dollars wQUlcl be saved the mon�y �r technolQgy: lvfayor Kragness st�ted the �tatus Qu� budget m�kes since and she waul�d d� ther than tfie with th� spe�ding. She stated preference that the Crty s�Eays vvtth th� 2006 g� emglayee's salary in�r�es. She stated a portion of t�i� ��ition�l I��r� mon�y should be used a,nd the e�eee�s sha�� be set aside for emezgencies. Finan��a� Co�nruissivner Neme�, �tated the 2006 bud�et shoutd be fallowed and the rema�i�n_g LGA money should be used on street projects or eqiupa�eat repla�c�ment. 08F21i(?6 2 DPAFT' J� i rt�r G(�� S�SS t� /.�,'�c�c�a I CGyn�r�,iSS i�, s C t�i�- vt Councilmevmber I.asman sta.ted preference that property ta�ces not be reduced; rather split the LGA money between capital projectslreplacement fund and street recanstruction. Financial Commissioner Maze stated the budget should be approached conservatively and stated agreement with Mayor Kragness_ i Councilmember 4'Connor stated School District 286 wants to offer the referendum again, which will raise the Ievy. She stated residents are concerned about property taxes. She stated she waiild like to show that the City is not having an increase in City property taxes. She stated two positians in the Police Department h�a. b� n FS' ted and one debt has been paid, therefore the talces should nat be raised. She ��tf�at�� of the LGA be applied to properiy taxes and the other half be applied to a one time project. s'� q,,�� Q C�`t�y��t/1Q J Financial Commissioner Shogren Smith stated the City shou.id be careful when lowering property taxes because of a one time LGA increase to prevent expectations in. futare years. The majority stated they would like to see the same amount used as last year for ongoiag operations and the remaining money be used for non-recurring or capital costs as identified. Mr. Boganey stated specific options would be presented in Navember. He discussed an amount that could be set forth for contingency and stated there is a policy that says a contingency should be set. He stated if the City gets a new City Manager, that persan may have same ideas and if they are stuck with a set budget, it woutd take 12 months for that person to act an anything new. He also stated due to the City Gouncil Retreat being held late in the yeaz, contingency funding would allaw new azeas of focus. It was the majonty consensus that contingency funding be included in the budget propasal. Mr. Boganey discussed code enforcement soflwaze that was previewed by City Staff and which has been endorsed by the League af Minnesata Cities that allows the City ta track requests for service, status af requests, and reporting of requests. He stated this would make it easier for management to tweak the code enforcement system. He stated two modules aze available, modute ane c�►sting appraximatety $50,000, aad module twa casting approximate�y two to three times that of module one. He stated there is also an ongoing expense to maintain the system. Councilmember Cazmody requested an update on the Technolagy Fund balance and equipment that needs to be purchased or replaced. It was the majority consensus that $667,665 from the LGA be appiied ta the General Fund budget U$/21106 3 DRAFT �l�l �i(J('/Y,�. �fS',�/O"rj (�t�� f Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Curt Boganey, Interim City Man�ger FROM: Sharon Knutson, City Clerk �Q/�� '11� DATE: August 28, 2006 SUBJECT: COIJNCILMEMBER NIESEN: Requested Changes to Minutes COUNCIL REGULAR SESSION 8-14-06, Pase 2 6. COUNCIL REPORT (paragraph 4) Cheri 5pade She discussed the plans for the roadway including expansion and BRT (bus rapid transit) which has been described by officials as "light rail on wheels." COIJNCIL WORK SESSION 8-14-06, Pa�e 4 CRACKER BARREL PROPERTY DISPOSITION EDA (paragraph 5) Councilmember/Commissioner Niesen asked other Councilmembers if they were planning to consider buying the Northwest Athletic Club similar to their consideration of the Cracker Barrel property. She listed other tax exempt uses that could purchase available properties besides just Council's stated concern of a church, and stated concern that other businesses would want to sell their property because they think the City will buy it. She voiced her opinion that the recent Real Estate Recycling proposal for purchase of the 57�' and Logan property for redevelopment was a lowball bid offering $1 for every $4 the City invested, and cited the sophistication level of real estate developers. (paragraph 7) Councilmember/Commissioner Niesen stated opposition to the City taking on new real estate efforts due to Council and staff's commitment to the development of the 57 and Logan property and ongoing Opportunity Site work. She said she would vote against proposals to purchase business properties outside those areas and opined that if the EDA had excess funds, staff should propose and Council should consider removing various TIF properties within TIF District 3 and allowing that money to begin flowing to the City, the County, and the affected school districts. 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. cityo fbrooklyncenter.org Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Curt Boganey, Interim City Mar ager A,�� /��YU��"� -'1J�, FROM: Sharon Knutson, City Clerk �a�/L(! DATE: August 28, 2006 SUBJECT: COLJNCILMEMBER CARMODY: Requested Changes to Minutes Councilmember Carmody requested the following changes to the August 21, 2006 budget Work Session with the Financial Commission: Mayor Kragness stated the Status Quo budget makes s�e sense and she would like to be cautious with the spending. She stated preference that the City stays with the 2006 budget, other than the employee's salary increases. She stated a portion of the additional LGA money should be used and the excess should be set aside for emergencies. 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 Page 1 of 1 Ka Lasman jo••• Curt Boganey Cc... Bcc... Subject: minutes Attachments: Gurt, Please make the foliowing cha�ges for consideration the minutes of the the August 21 st Joint Work Session wiih the Finana omm� �at6n: page 2-spelling eRO in paragraph 7-since should be sense; page 3-paragraph 9"Councilmemb Lasman stated preference that GA not be used to reduce taxes on a one time basis; but rather split that mon between capital projects... Page 5-paragraph 6"Councilmember Lasman asked that rental property an uncipal landscaping is es be focused on Thank you. Kay Lasman https://mail.ci.brooklyn-center.mn.us/exchange/klasman/Drafts/?Cmd=new 8/25/2006 L MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION AUGUST 14, 2006 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Interim City Manager Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, and Deputy City Clerk Camille Worley. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS The amendments to the July 12, 2006, Joint Meeting with Opporiunity Site Task Force, July 24, 2006, Regular Session, July 24, 2006 Work Session, and May 8, 2006, Economic Development Authority meeting were discussed and it was the majority agreement of the City Council to make the following amendments: Mav 8, 2006. Economic Develonment Authoritv Page 1— Submitted by Councilmember O'Connor: Community Development Director Brad Hoffinan stated inquiries regarding the property have been received the latest being a month ago from a church, which would be a t� exempt use. Page 2— Submitted by Councilmember O'Connor: Commissioner O'Connor stated her opnosition to purchasinQ the nropertv. Julv 12, 2006, Joint Meetin� with Oonortunitv Site Task Force Page 1— Submitted by Councilmember Catmody: Opportunity Site Task Force members present: Muriel Lee, Jeanne Messersmith, Tim Willson, and Bud Sorenson., ��a T••a�� Page 5- Submitted by Councilmember Carmody: 08/14/06 1 DR.AFT Mr. �se� Sorenson stated preference to the Real Estate Recycling plan because of the uses proposed. Page 5— Submitted by Councilmember Lasman: Councilmember Lasman�sas�s +1, �cc�e---�nc �iuiv�rc cx�czxce-�e�ic i �6�ee�'c iil$" ��e-� had concerns about the conce�t of havinQ similar proiects on both sides of I�ighwav 100 /Onnortunitv Site), and also stated concern about di�culties with recent legislation reQarding redeveloz�ment. Julv 24, 2006. ReQUlar Session Page 2— Submitted by Councilmember O'Connor: CouncilmembeY O'Connor asked how a steep drivewav is fixed when a road is lowered. Public YYorks Director/Citv EnQineer Todd Blomstrom stated the drivewav anron is extended. After further discussion. Interim Catv Manager Curt BoQanev stated he would handle the concern. Page 4— Submitted by Councilmember O'Connor: Councilmember O'Connor asked if fixine the Brooklvn Park dam on Shingle Creek caused excess nutrients to flow downstream. Mr. Bischoffresnonded it would be temz�orarv. Page 4— Submitted by Counc ilmember Niesen: Councilmember Niesen asked auestions that included.• effects offormerlv snraved conver sulfate tsince discontinued), shoreline regulations, nrioritv ranking ofnroiects based on whether a Citv had included a nroiect in their CIP. notential imnacts to Twin Lake of airport land development including effects the wetland noted to be dischar�in� excess r�hosphorus, possibilitv and outcomes of dredging. and screenin� of large stormwater dischar�e nine on east side of Unper Twin. Councilmember Niesen asked Mavor Kra�ness if the citv of Crvstal had been asked to participate in fundin� of water aualitv imnrovements in Unper Twin Lake over the vears. ndin to Mavor Kragness' answer. Councilmember Niesen reminded Council that Crvstal Respo g n had recentiv asked for their sunnort to fund further studies ofdeveloping C�vstal airnort land but bv refusing to fund water aualitv imnrovements to date did not want to take res�onsible for possible neQative Lake imnacts. Page 6, Paragraph 6— Submitted by Councilmember Niesen: She stated if funding is goin� to be given because of lack of income in 1998. the financial statements for that vear should be restated to the Office of the State Auditor. In resnonse to Councilmember Carmodv's comment that no onerational audit was necessa�v because staff is canable of all the fnancial wor1� Councilmember Niesen reminded Council that an audit findinQ 08/14/06 2 DRAFT was received on the Gol{ Course last vear and this vear, the Finance staff had seen large turnover in recent vears. and that the current Finance Director's immediate nosition prior to Brooklvn Center was as a Citv Manager., Julv 24. 2006. Work Session Page 1—Submitted by Councilmember Carmody: Councilmember/Commissioner O'Connor asked where the product is sold. Mr. Ansari addressed the Council and stated it is sold in kegs only, at liquor stores and restaurants. She questioned the length of freshness in Qrowlers. Mr. Ansari stated the shelf life is less than that of a larger brewery. He displayed the container and discussed the container and that the package is not to be opened until the patrons are home. Page 2— Submitted by Councilmember Niesen: Councilmember/Commissioner Niesen stated her concerns were discussed during the Regular Session. Councilmember Niesen inquired about trends, as shown in the past in regards to item 9c. Resolution Calling for a Hearing on Proposed Special Assessments for Delinquent Public Utility Service Accounts. Mr. Boganey stated the purpose of the resolution is to set the Public Hearing, at which time information on trends will be provided. uncilmember Lasman also in uired about item 9c. and asked why names appear without Co q dollar amounts. Public Works Director/City Engineer Todd Blomstrom explained that those names are typically linked to rental properties where one name is the renter and the other is the owner of the property who is responsible for the delinquent amount. Mr. Boganey stated he will research the issue and return to the City Council with fixrther information. Councilmember O'Connor inquired about the order of the night's meetings, EDA being held subsequent to the Work Session. Mr. Boganey explained that discussion on item l. Soil Conditions and Related Issues 57�' and Logan Area should occur before the related items on the EDA agenda. Councilmember O'Connor stated preference that the meetings be held in the normal order. Mr. Boganey further suggested that only the discussion related to item l. Soil Conditions and Related Issues 57�` and Logan Area be held prior to the EDA meeting. Councilmember O' Connor discussed the definition of Consensus which she stated differs from the definition that was distributed to the City Council by Mayor Kragness. She indicated that she would be remaving item 7c. Application and Permit for a Temporary On-Sale Liquor License Submitted by Energy Cents Coalition for an Event to be Held at Surly Brewing Company, 4811 Dusharme Drive, on September 16, 2006, from the consent agenda. Councilmember Niesen inquired about the status of the Crime Report expected from the Police ould find out the status of the report and respond to the De artment. Mr. Boganey stated he w P City CounciL 08/14/06 3 DRAFT Councilmember Lasman inquired about comments received by other Councilmembers during National Night Out. Mayor Kragness stated she heazd no complaints this year while attending indoor parties. Councilmember Carmody stated she heard comments regaxding the diversity of the City, code enforcement, and speeding. Councilmember Lasman stated she heaxd complaints/concerns regarding the number of rental units, code enforcement, and speeding. Mr. Boganey stated he received compliments regarding the Police Department, and City Staff, however heard concerns regarding noise, traffic, out street lights, and curfew violations. Councilmember O'Connor discussed an incident where a resident was cited for parking on the grass where the situation has escalated into the court system. She stated some residents are concerned with the excess amount of code enforcement. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS REVIEW DRAFT LETTER TO ATTORNEY JILL WAITE Mr. Boganey distributed a letter from Attorney Jill Waite dated August 11, 2006. He explained that the City has been very responsive to the Attorney. He discussed the details of the case and stated he thinks a brief thank you letter should be sufficient if the City Council chooses to respond. Councilmembers Niesen and Carmody sta.ted a response to the Attorney is not necessary. Councilmember O'Connor inquired of the process when a party requests public information and asked if people are being directed in the proper direction. Mr. Boganey responded the public is being directed to the correct person; however Ms. Waite is claiming they are not. He stated the information Ms. Waite requested was not public data.. He stated it was data that was part of the discovery process, which she did get through the Prosecuting Attorney. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Niesen moved and Councilmember Carmody seconded to close the Study Session at 6:47 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Carmody moved and Councilmember Niesen seconded to reopen the Study Session at 6:47 p.m. Motion passed unanimously. Councilmember O'Connor stated concern that accurate information is not being given and not in a timely manner. 08/14/06 4 DRAFT It was the majority agreement of the City Council not to send a response to Attorney Jill Waite. ADJOURNMENT Councilmember Niesen moved and Councilmember Carmody seconded to close the Study Session at 6:54 p.m. Motion passed unanimously. City Clerk Mayor 08/14/06 5 DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 14, 2006 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM, The Brooklyn Center City Council met in Informal Open Forum and was called to order by Mayor Myrna Kragness at 6:47 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Interim City Manager Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. Mayor Kragness opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Niesen moved and Councilmember Carmody seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Lasman stated she invited Mary Kay Pearce, St. Alphonsus Parish Council, however she was unable to appear. She read the invocation submitted by Ms. Pearce regarding peace. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:00 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Interim City Manager Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. 08/14/06 1 DRAFT 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember O'Connor stated she attended a class called A River Runs Through It at the League of Minnesota Cities regarding storm water. She stated testing is going to begin on storm water and the City of Brooklyn Center will need to find solutions to water absorption rather than routing the water into the storm water drainage system. She stated she attempted to have National Night Out at her house, however no residents attended. Councilmember Lasman sta.ted she attended the North Hennepin Chamber of Commerce Planning Retreat on July 25�', where she listened to reports and reviewed the goals of the committees. She stated on July 27�', she attended the Brooklyn Center Business Association Luncheon Picnic Meeting at Central Park where she met new businessmen and businesswomen. She stated she attended the ribbon cutting for MaxSun Lighting and Furniture and enjoyed seeing their e�iibit and merchandise. She stated on July 29�', she attended a 50�' year celebration of the Assembly of God Church where games, food and fellowship were celebrated. She stated on July 31 St she attended the National Night Out Kick Off where the attendance was good, however could have been better considering the weather. She stated on August 1 S she participated in National Night Out visits where it rained but was still productive. She stated on August 2 she was interviewed for a Loca1 Politics Show. She sta.ted on August 10�', she attended a non- denominational prayer group where people from various groups attended. i i Watershed Councilmember Carmody stated she attended the Slungle Creek and West Mississ pp meeting where the Capita.l Improvement Plan was discussed. She stated she also attended the River Runs Through It seminar where a CD was distributed containing a show that was shown on PBS called Good W'ater Gone Bad. She recommended this program as a source of basic information. Councilmember Niesen staxed the Northwest Athletic Club closed on Aug 7�', which was a sad day for her family. She stated she spoke to the executives of Lifetime Fitness and discussed the transactions for the Highway 100 facility. She stated the building will be closed and sold. She thanked the community and Caribou Coffee who supported the Northwest Athletic Club. She thanked those who attended the National Night Out at her home. She stated the night was wet; however her event was a success. She thanked the Police and Fire Departments along with Sherry Spade for her effort and the food she provided. She stated she attended the Public Update for Bottineau Boulevard which is lead by Hennepin County Representatives who discussed the changes planned for County Road 81 (Bottineau Boulevard). She discussed the plans for the roadway including expansion and a light rail. Mayor Kragness stated she attended all the meetings mentioned by the other Councilxnembers. She discussed the MaxSun Lighting and Furniture property and sta.ted the grocery store side will be open in September, which will be appreciated by the neighboring residents. She read a letter she received from the National Headquarters of Save a Life Foundation, asking the City Council to do a resolution proclaiming the month of September 2006, as Save a Life Month. 08/14/06 2 DRAFT I 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember O' Connor sta.ted she would like to remove 7c. from the consent agenda to item 9a., rather than the end of the agenda because Mr. Ansari is present. Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda with the removal of Item 7c. from the Consent Agenda to Council Consideration Item No. 9a., and amendments to the July 12, 2006, Joint Meeting with Opportunity Site Task Force, July 24, 2006, Regular Session, and July 24, 2006, Work Session minutes as discussed at the Study Session. The following consent items were approved as amended: 7a. APPROVAL OF MINUTES 1. July 12, 2006 Joint Meeting with Opportunity Site Task Force 2. July 24, 20Q6 Study Session 3. July 24, 2006 Regular Session 4. July 24, 2006 Work Session 7b. LICENSES AMUSEMENT DEVICE MACHINE BC Bar Grill, Inc (Ref's Sports Bar Grill) 2545 County Road 10 SECONDHAND GOODS DEALER CD Warehouse 6072 Shingle Creek Parkway SIGNHANGER DeMars Signs 410 93 Ave NW, Coon Rapids Universal Signs 1033 Thomas Ave, St. Paul RENTAL Renewal (There were no calls for service for the following) 5315 Fremont Ave N(Single Family) David Barnhart 6823 Fremont Place (Single Family) Duane Carter 4207 Lakeside Ave N#123 (Single Family) Donna Kabanuk 5655 Northport Dr (Single Family) Cindy Raymond Schering Initial (There were no calls for service for the following) 5218 66�` Ave N(Single Family) James Nyanguru 6131 Emerson Ave N(Single Family) Valencia McKnight 3800 Joyce Lane (Single Family) Reem El-Radi 5331 Oliver Ave N(Single Family) Dzifa Sabah 6136 Regent AveN (Single Family) DeMarcus Brown 08/14/06 3 DRAFT II 7d. APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS CATHOLIC CHURCH, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD ON OCTOBER 7, 2006 7e. RESOLUTION NO. 2006-90 APPOINTING ELECTION JUDGES Motion passed unanimously. 8. PUBLIC HEARING 8a. ORDINANCE NO. 2006-03 AMENDING ORDINANCE NO. 2004-13 REGARDING COUNCIL SALARIES FOR 2007-2008 Interim City Manager Curt Boganey stated this is the second reading of the proposed ordinance. He sta.ted the result of adopting this ordinance would be no increase in Council salary in 2007 and a 2% increase in Council salary in 2008. Councilmember Lasman moved and Councilmember Carmody seconded adoption of ORDINANCE NO. 2006-03, Amending Ordinance No. 2004-13 Regarding Council Salaries for 2007-2008. Motion passed unanimously. No public input was offered. Councilmember Lasman moved and Councilmember Carmody seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Carxnody seconded to amend Ordinance No. 2004-13 Regarding Council Salaries for 2007-2008. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS (FORMER ITEM NOS. 9a THROUGH 9h HAVE BEEN RENUMBERED 9b THItOUGH 9i) 9a. (FORMER CONSENT AGENDA ITEM NO. 7c) APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY ENERGY CENTS COALITION FOR AN EVENT TO BE HELD AT SURLY BREWING COMPANY, 4811 DUSHARME DRIVE, ON SEPTEMBER 16, 2006 Mr. Boganey stated the Minnesota Department of Public Safety and Alcohol and Gambling Enforcement Division has final approval, however requires action by the City Council before they will issue the license. He stated the license application meets all City requirements. 08/14/06 4 DRAFT Councilmember O'Connor asked what kind of charity Energy Cents Coalition is. Mr. Ansari responded Energy Cents Coalition is a non profit organization who helps low income individuals with energy costs, primarily during the winter. He stated the fee plan has not been established. Councilmember Lasman moved and Councilmember Carmody seconded to approve Application and Permit for a Temporary On-Sa1e Liquor License Submitted by Energy Cents Coalition for an Event to be Held at Surly Brewing Company, 4811 Dusharme Drive, on September 16, 2006. Motion passed unanimously. 9b. AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER CODE OF ORDINANCES RELATING TO THE REGULATION OF LIQUOR Mr. Boganey discussed the proposal and stated for some time the City Staff and attorney's office has been revising the language of Chapter 11 which results in simplification of language and eliminates duplicate language as well as makes reference to State law. He stated the only change is a provision that would allow for a microbrewer, in accordance with State law, to make application for an on-sale liquor license, allowing them to sell beer in 64 ounce growlers. Councilmember O'Connor asked if this means that every time the State law changes, the City of Brooklyn Center will not have to change its ordinance. City Attorney Charlie LeFevere responded that is mostly true, however not all changes are automatic, such as the State allowing the City to a11ow brewpubs. Councilmember Lasman moved and Councilmember Carmody seconded to approve first reading of ordinance and set second reading and Public Hearing for September 11, 2006. Motion passed unanimously. 9c. RESOLUTION NO. 2006-91 ADOPTING THE REVISED LOCAL WATER MANAGEMENT PLAN FOR THE CITY OF BROOKLYN CENTER Mr. Boganey discussed the proposal and stated the adoption of this resolution is necessitated by State and federal laws. He explained that the Watershed Commissions are required to update their plans after which the City is required to modify its plan to be consistent with the Watershed Commissions. He stated this plan has been before both commissions, which have recommended approval. Public Works Director/City Engineer Todd Blomstrom presented a PowerPoint presentation entitled City of Brooklyn Center Local Water Management Plan that included: Existing Local Management, Second Generation Watershed Management Plan, Revised Local Management Plan, Section 1: Purpose of Update, Section 2: Land and Water Resource Inventory, Section 3: Goa1s and Policies, Section 4: System Assessment (Quantity), Section 5: Implementation Plan, and Section 6: Recommendations. Councilmember O'Connor stated concern for the amount of chloride, particularly in salt used on the roads. Mr. Blomstrom discussed efForts made by the City to reduce the amount of salt distributed, including equipment upgrades and a salt storage building. 08/14/06 5 DRAFT Mr. Blomstrom discussed the infiltration design standards that have been newly implemented for new projects in the City. He discussed options for existing developments such as rain gardens and underground vault structures. Councilmember Niesen inquired about the following: definition of cut and fill, four vague a.ina e to Twin Lak e. She recommendations on page 62, alternative storm water devices, dr g stressed the im ortance of workin with the surroundin cities in re ards to watershed. She P g g g inquired about: retrofitting of the existing system, flood areas around the Opportunity Site, develo ment of oals, romotion of local shoreline regulations, assessment of Palmer Lake, P g P hos horous content and the monitorin of contam inants and other nutrients in Twin Lake. P P g Mr. Blomstrom responded to Councilmember Niesen's inquiries and noted the drainage e discussed a meetin with the Ci of boundaries on the map in regard to Twin Lakes. H g tY e ar in watershed. He n ineer i t nt to devise solutions to 'oint efforts r d C stal s E with the n e J g g rY g discussed the conditions of Palmer Lake, and that the priority of the report was Twin Lake. He discussed the assessment of the lakes by the PCA. Mayor Kragness inquired about the cleaning of Palmer Lake's culverts. Mr. Blomstrom stated cleaning of the culverts will be done every two to five years. Councilmember O'Connor inquired about the annual cost and source of funding. Mr. Blomstrom responded the same amount is being currently spent, which comes from the Storm Water Utility Fund. Councilmember Lasman moved and Councilmember Cannody seconded adoption of RESOLUTION NO. 2006-91 Adopting the Revised Local Water Management Plan for the City of Brooklyn Center. Councilmember 0'Connor voted against the same. Motion passed. 9d. RESOLUTION NO. 2006-92 CALLING FOR A HEARING ON PROPOSED I SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Mr. Boganey discussed the proposal and stated the City has establisi�ed assessment of delinquent utility service accounts as a matter of policy to be processed semi-annually. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-92 Calling for a Hearing on Proposed Special Assessments for Delinquent Public Utility Service Accounts. Councilmember O'Connor requested that it be called Delinquent Active Accounts. Mr. Blomstrom explained that both active accounts and inactive accounts that are delinquent should be collected. Motion passed unanimously. 08/14/06 6 DRAFT 9e. RESOLUTION NO. 2006-93 RECOGNIZING AND COMMENDING THE WINNERS OF THE 2006 CITY OF BROOKLYN CENTER LANDSCAPE AND S GARDEN CONTEST Mayor Kragness introduced a PowerPoint presenta.tion on the winners of the Landscape Garden Contest and read the details included for each property. She mentioned those businesses that contributed to the contest. ilmember Cannod seconded adoption of Councilmemb er Lasman moved and Counc Y RESOLUTION NO. 2006-93 Recognizing and Commending the Winners of the 2006 City of Brooklyn Center Landscape and Garden Contest. Councilmember O'Connor stated judging gardens is not something the City should spend time and money on. Councilmember O'Connor voted against the same. Motionpassed. 9f. RESOLUTION NO. 2006-94 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Mr. Boganey discussed the process of determining trees that need removal, including notices that are sent to property owners that have not been responded to. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-94 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees. Councilmember Niesen inquired about the businesses that axe listed on the resolution. Mr. Boganey sta.ted all property owners are treated the same. Further discussion occurred regarding the steps leading up to a property appearing on the list. Councilmember O'Connor voted against the same. Motion passed. Councilmember Lasman sta.ted it is a City ordinance and stated she is uncomfortable with Councilmember O'Connor voting against enforcement of the ordinance. Councilmember O'Connor stated she does not agree with the City removing trees and charging homeowners. Councilmember Lasman continued to read the ordinance outlining the process of escalation. 9g. RESOLUTION NO. 2006-95 ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE 1500 GPM FIRE APPARATUS PUMPER AND ACCEPTING A CONTRIBUTION FROM THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION Mr. Boganey stated on July 10, 2006, the City Council authorized the replacement of equipment. He stated the Fire Relief Association has contributed $65,000 towards the purchase of the equipment. I DRAFT 08/14/06 7 Councilmember O'Connor inquired about sources of funding and sta.ted concern that the proposal is for $26,000 more than originally estimated. Mr. Boganey explained that su�cient funding is available. He stated the next major piece of equipment to be purchased for the Fire Department will be in the year 2010. He stated research was done on other bids received in the state and Sta.ff feels this bid is accepta.ble. He stated if the City chooses to postpone the purchase; the cost of the equipment will increase due to new requirements on new equipment starting in 2007. He stated purchasing the equipment now will save the City $20,000 to $30,000. Councilmember Carmody sta.ted the need for the equipment is outlined in the memorandum and the Fire Relief Association is being generous in its donation. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-95 Accepting Bid and Authorizing the Purchase of One 1500 GPM Fire Apparatus Pumper and Accepting a Contribution from the Brooklyn Center Fire Relief Association. Councilmember Niesen asked if the equipment would be funded by a General Fund transfer. Mr. Boganey sta.ted the cost to replace the equipment is put in the department's operating budget and that is how it is built in the replacement fund. He stated all major pieces af equipment are identified in the fund. Councilmember O' Connor voted against the same. Motion passed. 9h. RESOLUTION NO. 2006-96 AMENDING THE CITY COUNCIL CODE OF POLICIES; ADDING POLICY ON CITY COUNCIL TRAVEL EXPENSE Mr. Boganey stated the item was discussed at a Work Session and following the July 24, 2006, meeting, the City Council recommended a policy be brought forward. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-96 Amending the City Council Code of Policies; Adding Policy on City Council Travel Expense. Motion passed unanimously. 9i. SET DATE AND TIME TO MEET WITH KARL NOLLENBERGER, THE PAR GROUP, TO DISCUSS CITY MANAGER CANDIDATES Mr. Boganey stated Mr. Nollenberger, The Paz Group, requested that a meeting be held on August 28, 2006. He stated the meeting should last approximately 90 minutes. Councilmember Lasman moved and Councilmember Carmody seconded to set August 28, 2006, at 5:00 p.m. to meet with Karl Nollenberger, The Par Group, to discuss City Manager candidates. Motion passed unanimously. 10. ADJOURNMENT 08/14/06 8 DR.AFT Councilmember Lasman moved and Councilmember Carmody seconded adjournment of the City Council meeting at 8:38 p.m. Motion passed unanimously. City Clerk Mayor 08/14/06 9 DRAFT 1 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN TH� COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION AUGUST 14, 2006 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City CounciUEconomic Development Authority (EDA) met in Work Session and was called to order by Mayor/President Myrna Kragness at 8:39 p.m. ROLL CALL Mayor/President Myrna Kragness and Councilmembers/Commissioners Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Interim City Manager Curt Boganey, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. SOIL CONDITIONS AND RELATED ISSUES 57TH AND LOGAN AREA Interim City Manager Curt Boganey announced that Scott Tracy, the City's consultant from Tetra Tech, and Community Development Specialist Tom Bublitz were present to discuss the soil conditions and related issues for the 57�' and Logan area development. Community Development Specialist Tom Bublitz stated the Phase I study and second Phase II investigation have been completed. He stated a third Phase II investigation is proposed. He discussed the areas of concern including the dry cleaner site and underground storage tanks, which have been removed from the site. He explained that during the Phase II investigation, volatile organic compounds were found that caused pollution including ground water contamination that was found both on and off the site. He stated between one and five gallons, most likely a lesser amount of chemicals were released and due to the water flow to the southeast were spread into the surrounding neighborhood. Mr. Bublitz discussed the role of MPCA and Administrative Liability Assurances. He stated the goal is to get as many assurances from the PCA so t`liat further investigation will not be needed. He discussed different assurances from the MPCA and stated expected assurances from the MPCA will allow for development and addressing of the effects off site. He stated onsite soil assessments will be done relative to the risk of those soils contaminating the ground water. Mr. Bublitz discussed the insta.11ation of monitoring wells and stated water well receptor surveys will be conducted off site to locate wells in the area. He stated a public meeting will be held to discuss the issues within a 100 foot area outside the plume. He discussed soil vapors and the detection of such, being conducted to finalize the assurances from the PCA. He stated legally, 08/14/06 1 DRAFT the capping of wells is a�ta.te issue. He stated if a well is still working, the home can be sold as is, however if a well is not being used, it must be capped by a,certified professional. Councilmember/Commissioner_ Niesen sta.ted concern for standards preventing this from happening again by existing dry cleaners. Mr. Bublitz stated new chemicals are being used; however he is not sure of the current requirements. Mr. Bublitz sta.ted an actual source of contamination was not found, however a tank under the slab of the dry cleaner operation was found with a small amount of sludge material. He stated the tank may have been used to catch spilled materials. Councilmember/Commissioner Lasman inquired about the developer's actions during these investigations. Mr. Bublitz responded the City has met with the developer. He stated Steiner is aware of the issue and he believes they are comfortable with the situation. He sta.ted the developer would most likely have to form a contingency plan to address any contaminants found during development. Councilmember/Commissioner Carmody inquired about the pollution being in the corner of the property and asked if construction can begin or if the entire parcel has to be cleared first. Mr. Tracy responded the sequencing for the site will be determined as they determine the development of the properry. He sta.ted once the method to protect the people is determined, the construction can begin. He discussed the No Further Association determination from the PCA and effects on the developer. He stated anyone who owns the property from this point forward is not responsible for the current contaminant issues. ADJOURN WORK SESSION TO EDA Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Carrnody seconded to recess the City Council Work Session and ca11 to order the Economic Development Authority Meeting at 9:08 p.m. Motion passed unanimously. RECONVENE WORK SESSION The Work Session was reconvened at 9:31 p.m. 5COTT AND RENAE PROVOST, 7032 WILLOW LANE LINIIT ON THE NUMBER OF DOGS Mr. Boganey discussed the history of the item and stated there is not a solution for the Provost's other than an ordinance amendment. He requested direction from the City CounciL Mayor/President Kragness explained that the City Council worked very hard on the ordinance when it was drawn up. She explained that at that time, residents were allowed to apply for a kennel license. She stated ignorance of the law is not an excuse and she believes the Provosts 08/14/06 2 DRAFT were informed of the ordinance by neighbors and the Police Department. She sta.ted it would not be fair to others who have requested a variance and been denied, to grant one to the Provosts. Councilmember/Commissioner Lasman stated agreement with Mayor Kragness. Councilmember/Commissioner Niesen stated given the age of the poodles, she would like to see the City Council grant a special exception for the Provosts and not order the Provosts to remove the dogs from their home. She stated that the Provosts mentioned that their son would be taking the poodles with him when he moved out of the home. Councilmember Lasman responded the son was willing to take two of the dogs, leaving three dogs in the home, which would still leave them in violation of the ordinance. City Attorney Charlie LeFevere stated variances should be granted very little and are typically for the zoning code. He stated there are no variances to nuisance and general licensing provisions. He stated the City Council can change the ordinance, however all similar situated people would have to be treated the same. Councilmember/Commissioner Carmody stated the Provosts have been in violation for some time and they should be held responsible to find out what the laws are. Councilmember/Commissioner O'Connor stated concern that the ordinance states a combination of five (5) animals, which would allow for the five dogs. Mayor Kragness stated the ordinance indicates that two dogs and three cats is the maximum. Mr. LeFevere responded the language was written in the manner so that a person is allowed a maximum of iwo dogs and three cats. Councilmember/Commissioner Lasman stated sympathy for the Provosts; however they will have to figure out what they axe going to do with the extra dogs. Councilmember/Commissioner Niesen stated the poodles are a family unit and she realizes the Provosts were wrong; however the City Council should be able to grant them a Kennel License for a limited length of time. The majority consensus of the City Council was to send a letter to the Provosts stating that at this tune, the City will not change the ordinance, although sympathetic of their situation. They also indicated that the letter should indicate that the only way the City can allow them to keep the dogs would be to have an ordinance amendment, which would have to be offered to everyone in the City. Mayor/President Kragness asked that the City Council be updated on the situation in the future. CRACKER SARREL PROPERTY DISPOSITION EDA Mr. Boganey stated the Economic Development Authority owns the property located at 5101 James Circle N, the former Cracker Barrel property. He stated he believes the EDA has an opportunity to look at this situation in a couple different ways. He stated one way would be to intervene to acquire the property in order to influence future development. He stated another I 08/14/06 3 DRAFT way is to look at it as a single property and get it back on the tax rolls. He stated the other way to look at it is as part of a bigger picture, now that the Olive Gaxden is closed and available for sale a n d the Da ys Inn ma y also be available. He stated it is fair to sa y that the location is well located; however the land values axe depressed for these parcels. He stated by owning more property, it would put the City in the situation to attract a development that it would not be otherwise able to attract. He stated such possibilities would be things like the Medtronic expansion. He stated in the last week the City has been contacted by a confidential source looking for this type of land, which could be the kind of development that is a once in every 10 to 15 year opportunity. Mayor/President Kragness stated she envisions something really nice coming onto the property. She sta.ted she would be in favor of purchasing the Olive Garden site. Councilmember/Commissioner Carmody asked if the City could advertise that all three properties may be available. Mr. Boganey discussed the possibility of using a realtor to attempt to sell the properties jointly. Councilmember/Commissioner CaYmody stated concern for taking properiy off of the ta�c rolls in the school district. She stated concern that the property would be turned into something less desirable. She stated she does not want property that the City owns marketed by the same realtor as the Olive Gaxden site. Councilmember/Commissioner Niesen asked if the City Council would consider buying the Northwest Athletic Club. She discussed tax exempt uses that could purchase the available properties. She stated concern that other businesses would want to sell their property because they think the City will buy it. Mr. Boganey sta.ted the property can be sold with conditions to prevent undesirable tenants. Councilmember/Commissioner Niesen sta.ted concern that the City can not take on anymore development because of the Staff time required. I Mayor/President Kragness suggested that the item be moved to the next meeting since a consensus is not going to be reached tonight. Mr. Boganey sta.ted a decision can wait two weeks. He stated there may be other interest in the Olive Garden site; therefore that property may be unavailable, which may not be a negative thing. Councilmember/Commissioner Lasman stated she was not in favor of purchasing the property; however she changed her mind when she heard that someone may be interested in the entire property. Mr. Boganey stated the interest is legitimate; however they are looking at other cities and must remain confidential. He stated the confidential party would need a minimum of two of the parcels. He stated by controlling it and owning it, the City may be able to make them an offer they could not refuse. 08/14/06 4 DR.AFT Councilmember/Commissioner Carmody recommended that the For Sale sign be placed on the properiy to see what parties are interested. It was the majority consensus of the City Council to place the For Sale sign on the Cracker Barrel site. Councilmember/Commissioner Niesen requested the current properly taxes being paid and property value along with building value be reported on the next property update. REVIEW DRAFT LETTER TO ATTORNEY JILL WAITE This item was discussed at the City Council Study Session. CONSIDER REQUEST FROM LANG NELSON ASSOCIATES ING TO ALLOW BANNERS IN THE CITY OF BROOKLYN CENTER The City Council discussed the various banners hung throughout the City. It was the majority consensus of the City Council to consider making amendments to the ordinance in regard to banners. Mr. Boganey stated Staff would review options in the ordinance for decorative banners on private properties. Councilmember/Commissioner Niesen stated favor that Lang Nelson be allowed signage. She stated the CVS Pharmacy sign is intrusive. She stated she would like restriction on the brightness of signage. MISCELLANEOUS There were no miscellaneous items discussed. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Carmody seconded adjournment of the Ciry CounciUEconomic Development Authority Work Session at 10:40 p.m. Motion passed unanimously. City Clerk Mayor/President 08114/06 5 DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION AUGUST 21, 2006 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Work Session with the Financial Commission and was called to order by Mayor Myrna Kragness 6:34 p.m. ROLL CALL Mayor Kragness, and Councilmembers Kathleen Carmody, Kay Lasman, and Mary O'Connor. Councilmember Diane Niesen was absent and unexcused. Also present: Interim City Manager Curt Boganey, Director of Fiscal and Support Services Daniel Jordet, and Deputy City Clerk Camille Worley. Financial Commission Members present: Commissioners Susan Shogren Smith (arrived at 6:35 p.m.), Mark Nemec, and Gene Maze (arrived at 6:35 p.m.). 1. REVIEW OF 2007 BUDGET DATES Interim City Manager Curt Boganey stated the addition of September 11�', December 4�', and December 11�' meetings to the budget schedule. The City Council and Financial Commission confirmed that the �2007 Budget Dates are acceptable. 2. REVIEW OF PREVIOUS AND CURRENT YEAR GENERAL FUND BUDGET PRIORITIES Mr. Boganey stated the discussions on preparing the budget began on May 22, 2006, where the City Manager reviewed the status of the 2006 budget and gave an overview of the many ongoing issues underway by the administration. He stated since that time, the City has proceeded to prepare a budget that is referenced as Status Quo. He stated this budget is a starting point for further policy discussion and direction. Councilmember O'Connor stated two jobs have been eliminated in the Police Department; therefore the budget amount should be less. Mr. Boganey stated that is txue if the Council adopts the Status Quo budget. 3. OVERVIEW OF 2007 BUDGET ISSUES: 08/21/06 1 DRAFT 3a. REVENUE TRENDS AND ISSUES Mr. Boganey discussed the Revenues by Source 2002-2007 Fiscal Years, General Fund Revenue by Source at $1,229,000 LGA. In response to Councilmember O'Connor's inquiry, he stated a 3% wage increase is proposed. He discussed the difference if the full amount of LGA is used or is not used. He discussed Major Funding Sources—Property Taxes with $667,665 of LGA for Operations verses the use of $1,229,388 of LGA for Operations. He stated the difference in the property tax levy if the full amount LGA is used verses it not being used is 2.85%, He stated the increase in property taxes would be 4.25% if $667,665 of LGA was used for Operations, which would be a greater increase than last year, which was 2.72%. Financial Conunissioner Shogren Smith inquired about decreasing property taxes. Director of Fiscal and Support Services Daniel Jordet stated the City Assessor assesses residential properties each year and commercial properties every other year. He stated the City Assessor is finding that most properties are remaining steady, increasing, and few are decreasing. He stated the property taxes for this levy have already been determined and he discussed the Limited Market Value concept at the State leveL Mr. Boganey discussed Property Taxes by Type-2002-2007, Loca1 Government Aid-2002-2007, and Primary Funding Sources-Property Tax and LGA-2002-2007. He discussed the Property Tax History by Type with $667,665 LGA in Operations, and Preliminary Property Tax Levy using $1,229,388 of LGA for Operations. 3b. LOCAL GOVERNMENT AID Mr. Boganey discussed the unexpected Local Government Aid increase of $561,723 and stated although the increase is a good thing, the City may not be able to count on this increase in the future. The City Council, Financial Commissioners and City Staff discussed the reduction in population and the effects on Local Government Aid. Councilmember Carmody suggested budgeting $500,000, a more manageable loss if the LGA was reduced or payment was not received. She stated her preference that $500,000 to $600,000 be applied to recurring operating expenses and the remainder be applied to non recurring operating expenses. She stated preference that the entire amount not be applied to property taxes and sta.ted tax dollars would be saved if the money was used on street reconstruction or towaxds technology. Mayor Kragness sta.ted the Status Quo budget makcs since and she would likc to bc cautious I with the spending. She stated preference that the City stays with the 2006 budget, other than the employee's salary increases. She stated a portion of the additional LGA money should be used and the excess should be set aside for emergencies. Financial Commissioner Nemec stated the 2006 budget should be followed and the remaining LGA money should be used on street projects or equipment replacement. 08/21 /06 2 DRAFT Councilmember Lasman stated preference that property taxes not be reduced; rather split the LGA money between capital projects/replacement fund and street reconstruction. Financial Commissioner Maze stated the budget should be approached conservatively and sta.ted agreement with Mayor Kragness. Councilmember O'Connor stated School District 286 wants to offer the referendum again, which will ra.ise the levy. She sta.ted residents are concerned about property taxes. She stated she would like to show that the City is not having an increase in City property taxes. She stated two positions in the Police Department have been eliminated and one debt has been paid, therefore the taxes should not be raised. She proposed that half of the LGA be applied to property taxes and the other half be applied to a one time project. Financial Commissioner Shogren Smith stated the City should be carefixl when lowering property taxes because of a one time LGA increase to prevent expecta.tions in future years. The majority stated they would like to see the same amount used as last year for ongoing operations and the remaining money be used for non-recurring or capital costs as identified. Mr. Boganey stated specific options would be presented in November. He discussed an amount that could be set forth for contingency and stated there is a policy that says a contingency should be set. He sta.ted if the City gets a new City Manager, that person may have some ideas and if they are stuck with a set budget, it would take 12 months for that person to act on anything new. He also stated due to the City Council Retreat being held late in the year, contingency funding would allow new areas of focus. It was the majority consensus that contingency funding be included in the budget proposal. d Mr. Boganey discussed code enforcement software that was previewed by City Staff and which has been endorsed by the League of Minnesota Cities that allows the City to track requests for service, sta.tus of requests, and reporting of requests. He stated this would make it easier for management to tweak the code enforcement system. He stated two modules are available, module one costing approximately $50,000, and module two costing approximately two to three times that of module one. He stated there is also an ongoing expense to mainta.in the system. Councilmember Carmody requested an update on the Technology Fund balance and equipment that needs to be purchased or replaced. It was the majority consensus that $667,665 from the LGA be applied to the General Fund budget. 08/21/06 3 DRAFT 4. BUDGET EXPENDITURE PRIORITIES FOR 2007 ouncilmember Carmod discussed olice res onsiveness. C y p p th Police De artment. Mr. Boganey discussed the proposed 2007 budget for e p There was discussion on the duties of the former Police Dispatchers and the replacement of those dispatchers that were transferred to Hennepin County. There was discussion on the Expenditures by Type for 2005, 2006, and proposed 2007, according the Status Quo budget. Mr. Boganey stated personnel services are increasing because of an increase in benefits such as PERA, health insurance and salary increases. He stated the status quo budget would increase General Fund expenditures by $602,534 a 4.35% increase. He stated of this increase, $325,156 represents an increase in the cost of current personnel. He stated these costs represent funding sufficient for a 3% wage adjustment, splitting the increase in healthcaxe insurance costs and a mandated increase to PERA contributions. He stated the balance of the total increase is $277,378. He explained that included in this amount are inflationary cost increased in supplies and materials i.e. fuel, utilities and sa1t. He stated supply and material increases amount to $70,842. He stated $48,600 is for minor equipment replacement in the fire department largely to meet mandated OSHA and NFPA safety requirements. Mr. Boganey stated a 3% wage increase is proposed in the Sta.tus Quo budget. He stated a survey was done with surrounding cities and 3% is consistent with those comparisons. Mr. Jordet sta.ted the cost of living increase in the metropolitan area is 4.2%. It was the majority consensus that a wage increase of 3% be proposed in the budget. 5. STATUS QUO OR NOT Mayor Kragness stated preference that taxes are kept as low as possible. She stated preference of using the Status Quo budget to achieve this. There was discussion about the Sentence to Serve alternative for various maintenance tasks. Councilmember Lasman stated concern for renta.l property trends and stated appreciation that it is addressed in the memorandum from Mr. Boganey. Financial Commissioner Shogren Smith stated concern for multiple families living in a single family home. There was discussion on lineal families verses multiple families living in single family homes and rental houses. Mr. Boganey offered that $50,000 might be set aside for the contingency fund. Several of the i 08/21/06 4 DRAFT Councilmembers and Financial Commissioners indicated a higher amount should be set aside. Ma or Kra ess Financial Commissioner Nemec, Councilmember Carmody, and Financial Y Commissioner Maze sta.ted they would be comfortable with $100,000 applied to the contingency fund. Financial Commissioner Maze stated he would be in favor of funding set aside for study and analysis; Mayor Kragness agreed. Councilmember O'Connor stated she would be in favor of using the Status Quo budget or below. It was the majority consensus that the Status Quo budget be used with money set aside for contingency along with alternative uses proposed for the additional LGA. Councilmember Lasman asked that rental property and landscaping be focused on during the budget process. Mr. Boganey stated that these items are not included in the Status Quo budget. He stated if the City Council wishes to consider those items, then the funding would need to come from either the contingency money or other sources. ADJOURNMENT Councilmember Lasman moved and Councilmember Carmody seconded adjournment of the City Council meeting at 8:58 p.m. Motion passed unanimously. City Clerk Mayor 08/21 /06 5 DR.AFT City �ouncil Agenda Item No. 7b City of Brooklyn Center A Millennium Community TO: Curt Boganey, Interim City M er FRpM: Shaxon Knutson, City Clerk R DATE: August 23, 2006 SUBJECT: Licenses for Council Approval The following companies/persons have applied for City licenses as noted. Each company/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on August 28, 2006, axe as follows: MECHANICAL Heating Cooling Design Inc. 10830 Able St NE, Blaine Total Air Supply 541 N Wheeler St, St. Paul RENTAL Renewal (There were no calls for service for the following) 5233 Drew Ave N(Single Family) James Joan Bagwell 5906 Dupont Ave N(Single Family) Bruce Goldberg 6744 France Ave N(Two Family- 1 Unit) Donald Renelt 5408 A& B Girard Ave (Two Family) Gardner Properties 5505 Lyndale Ave N(Single Family) Brett Hildreth 5519 5523 Lyndale Ave (Two Family) Brett Hildreth 5900 Pearson Drive (Single Family) Mary Tjosvold 5316-20 Russell Ave N(Two Family) Daniel Hedlund 7029 Willow Lane (Single Family) Wayne LaFore Initial (There were no calls for service for the following) 2401-03 54th Ave N(Two Family) Angela Rekucki 1320 68th Lane N(Single Family) Rachel Omao 5239-41 Drew Ave N(Two Family) Aleane Washington 6801 Emerson Ave N(Single Family) Maude Hancock 6807 Humboldt Ave N#201 (Single Family Condo) Gary Pull 1 ASSAULT and 2 CRIMES AGAINST FAMILY (There were no calls for service for the following) 5728 Logan Ave N(Single Family) Ayi Kokodoko 3318 Mumford Road (Single Family) Dimeji Alamutu 6413 Perry Ave N(Single Family) Monemany Daohenang 5319 Queen Ave N(Two Family —1 Unit) Karen Pelak 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Broohlyn 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 City Council Agenda Item No. 8a I City of Brooklyn Center A Millennium Community MEMORANDUM DATE: August 23, 2006 TO: Curt Boganey, Interim City Manager FROM: Todd Blomstrom, Director of Public Works TA� SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the diseased trees most recently marked by the City tree inspector, in accordance with approved procedures. A summary of the approximate tree removal rates as of August 22° each year is provided below. Number of Tree Year Removals as of Au�ust 22° 2002 116 2003 327 2004 316 2005 279 2006 131 Attached for consideration is a City Council resolution declaring a public nuisance and ordering the removal of diseased trees as listed on the resolution document. It is anticipated that a similar resolution will be submitted for council consideration each meeting during the summer and early fall as additional diseased trees are identified and marked. 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.cit I I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: PROPERTY OWNER ADDRESS TREE# KONDIWAY BOGANEY 5542 IRVING AVE N 126 WUILBERTH CIPRIANO 4100 61 ST AVE N 127 CITY OF BROOKLYN CENTER NORTHPORT PARK 128 JAMES JUDITH JANSEN 6357 BROOKLYN BLVD 129 PAUL MARTHA SHAFFER 5427 FREMONT AVE N 130 YEE SEN HER LYDA VANG 2918 MUMFORD ROAD 131 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. RESOLUTION N0. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I City Council Agenda Ttem No. 9a MEMO To: Curt Boganey, Interim City Manager From: Ronald A. Warren, Plannmg and Zonmg Spe alist fi�- �iC.� Subject: City Council Consideration Item Planning Commission Application No. 2006-009 Date: August 21, 2006 On the August 28, 2006 City Council Agenda is Planning Commission Application No. 2006- 009 submitted by The Luther Company Limited Partnership a request for rezoning from C-2 (Commerce) and R-3 (Multiple Family Residence) to PUD/C-2 (Planned Unit Development/Commerce) of four contiguous lots located easterly of Brooklyn Boulevard between I-94 and 69�' Avenue North and development plan approval through the PUD process for a two phase redevelopment and expansion of the Brookdale Dodge automobile dealership and the former Ryan Olds property Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2006-009 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. This matter was considered by the Planning Commission at their August 17, 2006 meeting and was recommended for approval through Planning Commission Resolution No. 2006-02. It is recommended that the City Council, following consideration of this matter, approve the application subject to �Clie conditions recommended by the Planning Commission. A resolution outlining the history of the application along with findings and conditions of approval is offered for the City Council's consideration. An ordinance describing the property being rezone�l is also offered for the Council's consideration. It is recommended that the City Council adopt the resolution and, by motion, approve the first reading of the ordinance amendment describing the property to be rezoned. Application Filed on 7-20-06 City Council Action Should Be Taken By 9-18-06 (60 Days) Planning Commission Information Sheet Application No. 2006-009 Applicant: The Luther Company Limited Partnership Location: 6700 6800 Brooklyn Boulevard and 4215 4101 69th Avenue North Request: Planned Unit Development Rezoning/Development Plan Approval/PUD G2 The applicant, The Luther Company Limited Partnership, is requesting rezoning from C-2 (Commerce) and R-3 (Multiple Family Residence) to PUD/C-2 (Planned Unit Development/Commerce) of four contiguous lots located on the easterly side of Brooklyn Boulevard between I-94 and 69� Avenue North and development plan approval for a two phased redevelopment and expansion of the Brookdale Dodge automobile dealership and the former Ryan Olds property. Four parcels are involved in the PUD proposal and include 6700 Brooklyn Boulevard (former Ryan Olds property), 6800 Brooklyn Boulevard (Brookdale Dodge), 4215 69 Avenue North (a Luther car storage facility) and 4101 69` Avenue North (property currently zoned R-3 containing a non-conforming single family home). These properties are all currently zoned C-2 and R-3 and are bounded on the north by 69 Avenue; on the east by R-3 zoned property containing non-conforming family homes and a townhouse complex along with R-1 zoned property containing four single family homes adjacent to Grimes Avenue North; on the south by I-94 right of way; and on the west by Brooklyn Boulevard with C-2 zoned property on the opposite side of the street. A similar Planned Unit Development rezoning and development plan approval application was submitted last year by the Luther Company Limited Partnership and was approved by the City Council on November 14, 2005 under City Council Resolution No. 2005-156, copy attached. (See Planning Commission Application Nos. 2005-015 and 2005-016.) The Luther Company has recently acquired the property at 4101 69 Avenue North and wishes to include it in their redevelopment plans. A revised Preliminary Plat has also been submitted and is the subject of Application No. 2006-010, which has been submitted as a companion application to this plan. That proposal combines the above mentioned properties into two new lots to be described as Lots 1 and 2, Block 1, Bri Mar Second Addition. The Luther Company has acquired all the automobile dealership property in this area. Phase One of their proposal involves the expansion of the existing Brookdale Dodge operation showroom/service building (6800 Brooklyn Boulevard) and the removal of the building at 4215 69` Avenue North to accommodate their new and expanded Brookdale Dodge building. Under the previous Planned Unit Development, Luther proposed to remodel the old Taystee building at 4215 69` Avenue to make it into a truck center on the site. That is one change comprehended under the new application. The other change under the first phase is the incorporation of 4101 69` Avenue into the Planned Unit Development and into the Brookdale Dodge site. Also under 8-17-06 Page 1 Phase One, Luther proposes an interim use of a portion of the old Ryan Olds site for accessory automobile parking and display. Phase Two, which would be considered at a later time under a Planned Unit Development Amendment, would be the redevelopment of the vacant site (6700 Brooklyn Boulevard) as a new Luther Company automobile dealership. Planning Commission Application No. 2006-010 for preliminary plat approval proposes to shift the property line between 6700 and 6800 Brooklyn Boulevard and to incorporate the property at 4101 69` Avenue into the Brookdale Dodge operation. Approval of that Preliminary Plat application is essential for this plan to go forward. The applicant is seeking the PUD/C-2 rezoning to accomplish the above mentioned redevelopment. Under the current C-2 zoning, automotive repair is not allowed to abut R-1, R-2 or R-3 zoned property at a property line or at a street line. Such abutment exists along the east property lines of the two automobile dealership properties and also along the north side of 69 Avenue North. Expansion or redevelopment of the auto service areas, which are a part of the Phase One and Phase Two plans cannot go forward, other than undex the PUD process, which can comprehend such a modification. The applicant believes this modification can be offset by the screening and buffering they provide to these residential properties as part of their plan. It should be noted that the PUD process was used to allow expansion and redevelopment of the Brookdale Chrysler property at 62 and Brooklyn Boulevard and the Brookdale Mitsubishi dealership where similar residential abutment existed. The applicant also proposes a less than 15 ft. green strip along Brooklyn Boulevard right of way for the Dodge operation where the existing green strip is approximately 7.5 ft. due to right of way taking to accommodate the expansion of Brooklyn Boulevard. Furthermore, they seek a waiver from the requirement that the lot at 4215 69 Avenue North be combined into a single lot with the Brookdale Dodge site because the two lots are under common ownership and proposed for common use. The applicant notes that cross access and parking easements will accomplish the same purpose without the need to formally combine the lots, which they have been advised not to do because of potential environmental issues relative to the migration of contaminants from the former Pilgrim Cleaner's site. As the Commission is aware, a Planned Unit Development proposal involves the rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district (in this case C-2) would apply to the development proposal. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. As mentioned in this case, the applicant will be seeking modifications to allow automotive repair to abut R-1, R-2 or R-3 zoned property; an encroachment into the required 15 ft. green strip adjacent to street right of way; and to not be required to combine two parcels of land under common ownership proposed for common use. Their plan for offsetting the abutment issue is to have an 8 ft. high fence contained within a 35 ft. buffer strip, which has been in existence for many years and has proved to be sufficient and adequate screening and buffering from the automotive repair uses which have been conducted on 8-17-06 Page 2 these sites for over 40 years. They propose to provide a three foot high combination masonry pier and wrought iron decorative fence along the Brooklyn Boulevard and 69 Avenue North right of ways where the required green strip would be less than 15 ft. This feature is comparable to what was allowed at the 69` and Brooklyn Boulevard redevelopment and the SuperAMerican development on 57 and Logan Avenues North. This appears, as in the past, to be an appropriate design feature to mitigate or offset the reduced green strip. A cross access and parking arrangement for free flow between the site at 4215 69`" Avenue North and the Brookdale Dodge operation is proposed to offset concerns regarding the waiving of the platting requirement to combine this lot into a single lot because of common ownership and common use. The Planning Commission's attention is directed to Section 35-355 of the City's Zoning Ordinance, which addresses Planned Unit Developments (attached). REZONING The PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlines in Section 35-210 of the zoning ordinance as well as being consistent with the City's Rezoning Evaluation Policy and Review Guidelines contained in Section 35-208. The Policy and Review Guidelines are attached for the Commission's review. The applicant has submitted a written narrative describing their proposal and has made written comments relative to what they believe to be the positive impacts of their development (attached). As with all rezoning requests, the Planning Commission must review the proposal based on the Rezoning Evaluation Policy and Review Guidelines contained in the zoning ordinance. The policy states that rezomng classifications must be consistent with the City's Comprehensive Plan and must not constitute "spot zoning", which is defined as a zoning decision which discriminates in favor of a particular"land owner and does not relate to the Comprehensive Plan or accepted planning principals. Each rezoning proposal must be considered on its merits and measured against the City's policy and against the various guidelines, which have been established for rezoning review. The following is a review of the rezoning guidelines contained in the zoning ordinance as we believe they relate to the applicant's proposal. These comments are very similar and almost identical to those which were provided for the applicant's previous Planned Unit Development request, which was approved in November, 2005. The situation is quite comparable and to a great extent the changes to the site plan and the rezoning proposal are slight. The following is a review of the guidelines and how it is believed they relate to the applicant's proposaL a. Is there a clear and public need or benefit? It is the staffs opinion that this redevelopment proposal can be seen as meeting a clear and public need or benefit if it is consistent with the redevelopment criteria established by the city and is also consistent with the City's Comprehensive Plan. The proposal should balance the business needs of the community with that of surrounding properties. It is not anticipated that this proposal will be a detriment, 8-17-06 Page 3 but on the other hand, it should be a positive factor in providing a positive effect on the community. The City's Comprehensive Plan acknowledges this axea to be devoted to retail business. Certainly an automobile dealership fits within that recommended land use. The expansion into the R-3 zoned property and rezoning of the property to PUD/C-2 is believe to be warranted given the expansion proposal and the lack of negative impact on surrounding land uses. The Brooklyn Boulevard Study which is cited in the Comprehensive Plan refers to the regional significance of the automobile dealerships on Brooklyn Boulevard as an important attribute to the community. Automobile dealerships with service operations have existed in this area for many, many years and have not proven to be detrimental to surrounding property, particularly the abutting residential property because of the significant screening and buffering that has existed in this area. b. Is the proposed zoning consistent and compatible with the surrounding land use classifications? The applicant seeks the C-2 underlying zoning district under this PUD proposal, which is the same zoning district that currently exists. No new uses would be introduced with the proposal at hand nor would incompatible uses be considered under the Planned Unit Development. It is believed that the proposal made by The Luther Companies can be considered consistent and compatible with surrounding land use classifications given the fact that no changes or encroachments into the buffer, setback and screening that currently exists will be done. A 35 ft. buffer will be maintained where the Dodge dealership abuts with the R-3 zoned property and the 8 ft. high screening will also continue. When the old Ryan site is developed, additional buffer wi11 need to be provided to meet the 35 ft. requirement and 8 ft. of screening will continue in this area as well. Part of the Phase One proposal is to include 8 ft. high screening and to establish a 35 ft. buffer on the old Ryan site until that site is developed as a future Luther automobile dealership. With respect to the across the street abutment along 69` Avenue with R-1 zoned property, it should be noted that between 150 and 200 feet of street right of way exists between the north and south sides of 69 Avenue North. We are not aware of any conflicts with the automobile use, particularly the automotive service and repair operation with the abutting properties on the north side of 69 Avenue. No change in use will exist and, therefore, we would conclude that the proposed Planned Unit Development can be considered consistent and compatible with surrounding land uses. c. Can all proposed uses in the proposed zoning district be contemplated for development of the subject property? 8-17-06 Page 4 The current zoning of the property is G2 and all general commerce permitted and most special uses can be comprehended on the property. Currently the ordinance does not allow automobile service and repair to abut residential property, thus the applicant's request for the Planned Unit Development proposal. At this point in the Planned Unit Development only automotive sales, leasing, service and repair will be conducted within the Planned Unit Development. Modification or changes to these uses would require an amendment to the Planned Unit Development. The underlying zone would allow uses that are currently allowed in the existing C-2 zone. d. Have there been substantial physical or zoning classification changes in this area since the subject property was zoned? The most significant zoning classification change in the immediate area affected the property at the northeast corner of 69` Avenue and Brooklyn Boulevard. That was a PUD/C-2 rezoning of that property to accommodate the redevelopment, which included a Culver's restaurant, the SuperAmerica gasoline service station and a strip center commercial development. Various modifications to the underlying C-2 zone were authorized through that Planned Unit Development allowing some minor buffer encroachments into the 35 ft. buffer where R-1 abuts C-2 and some reduced green strips along the public right of way where decorative fencing was utilized to offset the reduced green strip, quite similar to what is proposed under this application. The current PUD/C-2 proposal can certainly be considered consistent with the rezoning at 69` and Brooklyn Boulevard. There have not been any other significant changes in zoning since the property was originally zoned for commercial development in the late 1960's. Physical changes in the area such as the widening of 69 Avenue North and the upgrading of Brooklyn Boulevaxd have only solidified the commercial zoning in this area and the desirability of this property for automobile sales and service. e. In the case of City initiated rezoning proposals, is there a broad public purpose evident? This evaluation criteria is not applicable in this case because it is not a City initiated rezoning proposal, but rather a developer initiated proposal. f. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? We believe that for the most part, the proposal will bear fully the development restrictions for this Planned Unit Development with some deviations from the standard ordinance requirements requested. The property line abutment with the automotive repair use seems to be offset quite well by the existing and proposed g_l�_�6 Page 5 buffer, screening, and setback requirements. The cross access arrangements proposed and deed restrictions can offset the requirement at this time to combine 4215 69 Avenue North with 6800 Brooklyn Boulevard. At some point in the future, however, when environmental issues axe no longer a factor, these properties should be combined through platting or Registered Land Survey. The applicant's proposal for the reduced green strip because of the highway taking and widening is offset and mitigated by plan considerations including a decorative three foot high combination masonry and wrought iron fence. g. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? The underlying zone is the same as the existing zone and the C-2 uses certainly are appropriate for this area. It can't be said that the existing uses are unsuited for the particular area, as the same type of uses will be conducted under the Planned Unit Development. It certainly seems appropriate to continue with tne automotive uses in this area of the city. h. Will the rezoning result in an expansion of a zoning district warranted by: 1. Comprehensive Planning; 2. Lack of developable land in the proposed zoning district, or; 3. The best interest of the community? It appears that the proposal has merit beyond just the particular interests of the developer and should be a redevelopment that can be considered compatible with surrounding land uses. The proposal is also consistent with the City's Comprehensive Plan for this area which calls for retail business. The automobile dealerships in the area north of I-94 and south of 69 Avenue North have been a stable commercial use in this part of Brooklyn Center for over 40 years and there is no direction to attempt to change these land uses but only to upgrade them. The applicant's proposal can be considered to be in the best interest of the community. As fax as developable land in Brooklyn Center, there is none to speak of. All progress and development in the future will be basically as expansion and redevelopment. i. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? We believe the proposal to have merit beyond just the particular interest of the developer. It will lead to a development that, we believe, can be consistent and e ossible com atible with surroundin land uses. The proposal, with som p g P with the modifications will rovide a uality development that is consistent P q City's Comprehensive Plan and be in the general best interest of the community. 8-17-06 Page 6 SITE AND BUILDING PLAN PROPOSAL As mentioned previously, the applicant is proposing a two phase redevelopment and expansion of the automobile dealerships on the easterly side of Brooklyn Boulevard between I-94 and 69 Avenue North. The Luther Company owns the properties at 4215 69 Avenue North (old Taystee building); 4101 69 Avenue North (R-3 zoned property containing non-conforming single family home); 6800 Brooklyn Boulevard (Brookdale Dodge) and 6700 Brooklyn Boulevard (former Ryan Olds property). These properties are being replatted under Planning Commission Application No. 2006-010. Phase One of the proposal is to demolish the old Taystee building on 4215 69 Avenue North and the single family home at 4101 69` Avenue North. These properties will basically serve as inventory and display parking for the Dodge dealership. Three additions will be made to the existing Dodge dealership building. One will be to the north for showroom/office space. A second addition to the building will be on the southwest corner for a two story addition with administrative offices on the ground level and parts storage on the upper level. The third addition to the building will be a four bay vehicle prep area that will be added at the east end of the building. It should be noted that all of the buildings at the former Ryan dealership (6700 Brooklyn Boulevard) have been demolished. Minimum site work has been accomplished and it is proposed under this first phase for interim vehicle storage and display on this property. The site lighting and fencing will be replaced and the plan calls for 8 ft. high opaque screening around the entire storage area. Phase Two of the proposal, which will require a PUD amendment, will be the redevelopment of the entire former Ryan property for a new, full service automobile dealership. We have also previously mentioned the modifications to ordinance standards the applicant is proposing through the PUD process. These include allowing an expansion to the automobile repair facility abutting R-1, R-2 or R-3 zoned property; a less than 15 ft. green strip along portions of the Brooklyn Boulevard right of way; and the requirement to combine 4215 69 Avenue North into a single parcel with 6800 Brooklyn Boulevard because of common ownership and common use. Recommendations regarding these items will be offered as we review applicable part5 of the plan. ACCESS/PARKING/GREEN STRIl'S The four access points to the sites remain unchanged. A right in, right out access to the former Ryan site off Brooklyn Boulevard; a shared access between the Brookdale Dodge and former Ryan site at 68` Avenue North and Brooklyn Boulevard; an access with a median break off 69 Avenue North serving the Brookdale Dodge site; and a right in, riglat out access currently serving the Brookdale Dodge service/storage area. No other new accesses to the site is proposed nor recommended. The driveway serving 4101 69` Avenue North, which is being incorporated into the development plan should be closed and permanent improvements such as curb and gutter and the replacement of the sidewalk and landscaped areas should be accomplished by the developer. 8-17-06 Page 7 No access from 69 to. this portion of the site is recommended. Internal access between the Dodge dealership and the former Ryan site is indicated. Cross access easements between the properties as approved by the City Attorney will need to be developed, executed and filed with the titles to the properties. Grade differentials and changes will have to be addressed also on the site. Parking for the site is based on a combination of parking formulas. The retail parking formula of 5.5 parking spaces per 1,000 sq. ft. of gross floor area for the retail portions of the building; the office parking formula of one space for every 200 sq. ft. gross floor area for the office portion of the building; one space for every service bay and one space for every service bay employee for the service garage area; one space for every 800 sq. ft. gross floor area for strictly storage areas; and two parking spaces for service vehicles. Required parking is 105 spaces for the 35 service bays (3 X 35); 40 spaces for day shift service garage employees; two spaces for service vehicles; 72 spaces for 14,355 sq. ft. of office area (14,355 sq. ft. 200); 56 stalls for 10, 138 sq. ft. of retail showroom (5.5 X 10.138); 16 spaces for 12,967 sq. ft. of warehouse storage space (12,967 sq. ft. 800); for a total parking requirement of 291 spaces. Six hundred thirteen parking spaces are provided on the Dodge dealership property which well exceeds the required amount. In addition, there are 634 display and storage parking spaces on the former Ryan property, which will be available to the applicant for interim storage. It should be noted that all parking of vehicles whether for customers, employees or storage and dis�lay must be on a bituminous or concrete surface. No parking, whatsoever, may be done on unimproved or landscaped surfaces anywhere on the sites. Display parking such as at the northwest corner of the site and the landscape area must be set back at least 15 ft. from the edge of the street right of way. As mentioned previously, the applicant is requesting modification to the city ordinances to be allowed to have less than a 15 ft. green strips along Brooklyn Boulevard. A 3 ft. high decorative fence of masonry piers and wrought iron, similar to that at the northeast corner of Brooklyn Bouelvard and 69 Avenue, are proposed to offset or mitigate the less than 15 ft. green strip in this area. It should be noted that when the Brookdale Dodge operation was reconfigured and a new retail showroom was built in 2001, a 15 ft. green strip along Brooklyn Bouelvard was required as part of the then plan approval and was shown on the development plans. This was prior to the time of the widening of Brooklyn Boulevard. Additional right of way apparently was taken at the time which caused the green strip to be less than 15 ft. The applicant notes this is a pre-existing condition caused by the roadway taking and they want to continue it as is. The applicant, as was required, in the 2005 PUD approval, has proposed and will be providing the decorative fence mentioned above in areas where the green strip is less than 15 ft. Their proposal seems to be consistent with other approvals in similar circumstances. GRADING/DRAINAGE/UTILITIES The applicant has provided preliminary grading, drainage, utility and erosion control plans, which axe being reviewed by the Director of Public Works/City Engineer. His comments relative 8-17-06 Page 8 to these items are attached for the Commission's review. Utilities for podge operation already exist and no plans for alterations are proposed. Site grading will need to be accomplished around where the former Taystee building will be removed. B612 curb and gutter is shown around the perimeter of the site and the off site storage and display lots. The plan calls for B412 curb and gutter in certain areas where automobile display will in all likelihood take place. The City Engineer has indicated that the B412 curb and gutter (which is a 4 inch high curb and a 12 inch wide gutter) may be appropriate in these areas where water will not be conveyed. Approval of the curb and gutter plan is subject to approval by the City Engineer. Drainage from these sites will be directed to a regional storm water pond that is located in the Palmer Lake Basin. The overall drainage plan had been reviewed and approved by the Shingle Creek Watershed Commission at the time the regional pond was developed. It is assumed that calculations will have to be submitted to the City Engineer in order to determine the adequacy of the ponding area to handle drainage from this site. Again, it is pointed out that all parking and storage of vehicles must be on an improved hard surface area of bituminous or concrete. No vehicle parking or storage may be in landscaped or unimproved axeas on the sites or within the green strips adjacent to street right of way. LANDSCAPING/SCREENING The applicant has submitted a landscape plan in response to the landscape point system utilized by the Commission to evaluate such plans. The applicant's proposal is to provide landscaping for the entire 15.57 acre site, which will require a total of 9741andscape points. Their plan is to provide a total of 993 points by saving existing landscaping on the site and providing new landscaping as the case may be. Landscaping exists on the properties particularly along the north and west sides of the Brookdale Dodge site. They propose to preserve as many existing trees as possible along the west side of the site adjacent to the residential property and around the existing Brookdale Dodge building. It should be noted that streetscaping was provided in the boulevard right of way portions of Brooklyn Boulevard during the widening of that facility a number of years ago. The proposed landscaping is to compliment the existing streetscaping and existing landscaping on the sites. Their tree preservation plan indicates that they will preserve a total of 110 trees. Ninety-seven shade trees (primarily Maple, Oak Ashe and Hackberry); Eight coniferous trees (various types of Spruce tree); and five decorative trees (Crabapple). Forty-eight of the saved shade trees will be used to meet their landscape point requirements as well as the eight conifers and five decorative trees. They will be adding 54 more coniferous trees (Black Hill Spruce, Austrian Pine and Scotch Pine), 26 new decorative trees (Euonymus and His Majesty Cork Tree), and 117 new shrubs (Endora Compact Juniper, Wilton Blue Rug Juniper, Tounton Yew, Dwarf Burning Bush, Alpine Currant and Little Princess Spirea). Much of the landscaping will be on the Dodge site. Their plan is to provide a number of coniferous trees along the east side of the old Ryan property 8-17-06 Page 9 in the 35 ft. green strip to be provided along that property line. Ten new decorative trees will also be planted on the old Ryan site around the interim car display area. Additional landscaping will be considered at the time of their Phase Two PUD amendment submittal for the redevelopment of the old Ryan Olds property. With respect to screening, the ordinance requires a minimum 35 ft. buffer area where C-2 property abuts R-1, R-2 or R-3 zoned property at a property line. Such a buffer exists between the existing Dodge properly and the abutting residential properties to the east. With the inclusion of the property at 4101 69 Avenue North, this buffer will have to shift further to the east along the abutting property line with the non-conforming single family home to the east and the townhouse complex. Currently a brick pier and opaque fence is located along the north property line from the 69 Avenue entrance into the Brookdale Dodge lot to their east property line. This brick pier and wood fence will be extended further to the east where the new screening along the east property line will be placed. Their plan is to provide an 8 ft. high opaque wood fence without brick piers along the easterly property line. Their plan includes establishing a 35 ft. buffer strip along the east property line of the old Ryan property to screen and buffer from the townhome and the four single family homes facing Grimes Avenue North that abut with the old Ryan property to the east. They also propose to repair or replace the existing screen fence as needed in this area along the property line to the south side of the old Ryan site. A new 8 ft. high wood fence will be constructed along the south portion of the old Ryan site and the west lot line along Brooklyn Boulevard up to the display area proposed to be located on the Ryan property. This fence will extend easterly and northerly to totally screen a proposed storage lot on the old Ryan property. As mentioned previously, a 3 ft. high masonry pier and wrought iron fence will be pzovided along the Brooklyn Boulevard right of way area where the green strip is proposed to be less than 15 ft. That fence will continue along 69 Avenue easterly to the entrance to the Brookdale Dodge site. The proposed screening appears to be adequate to meet the requirements for screening and to offset or mitigate the allowance for automotive repair at this facility. Underground imgation is required to be provided in all landscaped areas to facilitate site maintenance in accordance with the requirements of city ordinances. Such irrigation will be provided to the Dodge operation. BUII.,DING The applicant has submitted building elevations and floor plans for the proposed building additions. The building exterior to the additions to the Brookdale Dodge showroom and service building will be new EIFS to match the existing and new rockface concrete masonry units to also match the existing. 8-17-06 Page 10 LIGHTING/TRASH The applicant has submitted a lighting plan indicating proposed foot candles that are consistent with Section 35-712 of the city ordinances. They have shown new lighting standards and relocated lighting standards on the site. City ordinances require that all exterior lighting be provided with lenses, reflectors or shades so as to concentrate illumination on the property. Illumination is not permitted at an intensity level greater than 3 ft. candles measured at property lines abutting residentially zoned property. A review of the foot candles proposed indicates that they are within this standard. Our main concern is that all lighting be shielded and directed on the site to avoid glare to abutting properties and abutting street right of way and that it be consistent with the standards noted above. An approximate 15 ft. x 35 ft. trash enclosure is provided on the east of the Brookdale Dodge showroom. It will be a rockfaced concrete masonry unit with two 2 X 6 inch vertical cedar panels attached to a steel frame gate to provide total screening of the trash enclosure area. PLATTING A preliminary plat has been submitted under application 2006-010, which will replat the two lots at 6700 and 6800 Brooklyn Boulevard and also include the property at 4101 69 Avenue North to accommodate the proposed expansion to the Brookdale Dodge showroom/service center. As indicated previously, the applicant is requesting that it not be required to combine the property addressed as 4215 69 Avenue, which contained the offsite storage lot and the old Taystee building with the Dodge dealership due to environmental concerns related to the clean up of the former Pilgrim site lying to the west. Given the requirement for cross access and paxking agreements, we do not feel that it is necessary to require this parcel to be combined at this time even though the sites are under common ownership and have a common use. At some point in the future, when there are not environmental concerns related to this property, the applicant should combine these two sites into a single lot consistent with the requirements of the zoning ordinance. In the meantime, the appropriate easement agreements should be sufficient to meet the spirit of the zoning ordinance and such a modification is recomm�nded. It is important to have these cross access provisions and also to tie this property the main site (6800 Brooklyn Boulevard). PROCEDURE Rezoning applications in the past that have been considered by the Planning Commission were typically referred to the respective Neighborhood Advisory Group for review and comment. State Statutes require the City to respond to zoning applications within a 60 day time limit from the day a properly submitted application has been filed with the City. This application was filed on July 20, 2006. Due to zoning requirements for notice and publication, the application needs to be submitted approximately four weeks prior to the Planning Commission's public hearing. The clock, however, begins on the date the application is accepted. Therefore, the zoning decision must be made by the City Council no later than September 18, 2006. Almost 30 days of 8-17-06 Page 11 the required 60 day time frame will have expired before the Planning Commission can hold its P ublic heanng. This requirement makes it difficult for the City to hold the Neighborhood viso Grou meetin s we normal 1 have. The Cit Co uncil recentl discussed tne status of Ad ry p g Y Y Y the Neighborhood Advisory Groups and decided that their continuation was not necessary and to some extent there had been a lack of interest in the groups. Neighborhood Advisory Group members have been advised that their services as a member of the group are not longer required and they have been encouraged to participate in the city advisory process through other advisory groups. A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun/Post The Planning Commission, following the public hearing, may wish to consider a draft resolution which has been prepared for consideration. 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F .a, J..�,x�' :.��+��3t roa ro i �7" t r �r.. .,:,,...,�.v. .�y,��, �,a,� ,�i �ek�� h q .p� �i 0. �z� c a ��e�»3. lN 8�� h �Y` y �`�t� ��i i'v £�v� s °vP �.,.:.5 �gm�a ��j'��?,>i R��y �i��'r� x .-i a� �'v $;�ee�c, 4 A y Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION N0. 2005-156 RESOLUTION REGARDING THE DISPOSITION OF PLANNING CONIlv1ISSION APPLICATION N0. 2005-01 SUBMITTED BY THE LUTHER COMPANY LIMITED PARTNERSHIP WHEREAS, Planning Commission Application No. 2005-015 submitted by the Luther Compa�iy Limited Partnership proposes rezoning from C-2 (Commerce) to PUD/C-2 (Planned Unit DevelopmenUCommerce) of three contiguous lots located on the easterly side of Brooklyn Boulevard between I-9� and 69`�' Avenue North and addressed as 6700 Brooklyn Boulevard, 6800 Brooklyn Boulevard and 421 69�' Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a two phase redevelopment and expansion of the Brookdale Dodge automobile dealership and the former Ryan property; and WHEREAS, the Planning Commission held a duly called public hearing on October 27, 2405 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Plannin Commission recommended a roval of Application No. g PP 2005-015 by adopting Plannin� Commission Resolution No. 2005-03 on October 27, 2005; and WHEREAS, the City Council considered Application No. 2005-015 at its November 14, 2005 meting; and WHEREAS, the City Council has considered this Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 3�-208�af the City's Zoning Ordinance, the provision of the Planned Unit Developinent ordinance contained in Section 35-3�5 of the City's Zoning Ordinance, the City's Comprehensive P1an and the Planning Commissions recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brool:lyn Center that Application No. 2005-0 l� submitted by the Luther Company Limited Partnership be approved based upon the following considerations: 1. The Planned Unit Development proposal is compatible �vith the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinazlce. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible w•ith, complimentary to and of comparable intensity to adjacent land uses as well as those pernutted on surrounding land. RESOLUTION N0. 2005-156 3. The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with ordinance standards eYCept for allowing automobile repair to abut residential property, a less than 1� ft. green strip adjacent to Brooklyn Boulevard right of way and not requiring two parcels that are under common ownership and proposed for common use to be required to be replatted into a single lot. These modifications from the Zonin; Ordinance standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved site plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. 6. Based upon the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2005-01 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the $uilding Official with respect to applicable codes prior to the issuance of building permits. 2. Grading, drainage utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance or permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building perniits to assure completion of all required site improvements for both the Brookdale Dodge properties and the old Ryan property. 4. B-61? curb and gutter shall be provided around all parking and driving areas except for where the Ciry EnQineer may authorize a lesser standard such as B-412 curb and gutter in non-draina`e areas. S. Any outside trash disposal� facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. RESOLUTION N0. 2005 156 6. The buildings and building additions shall be equipped with an automatic fire e:ctinguishing system to meet NFPA standards and shall be connected to a central monitorin� device in accordance witli Chapter 5 of the City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Ghapter 34 of the City Ordinances. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the perforniance juarantee. 10. The owner of the property shall enter into an easement and agreement for maintenance and inspection of utility and storm drainabe systems as approved by the City Engineer prior to issuance of building permits. 11. All work perfonned and materials used for construction of utilities shall conform to the Ciry of Brooklyn Center Standard Specifications and Details. 12. The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Nlinnesota Pollution Control Agency prior to disturbing the site. 13. No building permit will be issued for construction of the proposed building until the plat comprehended under Planning Commission Application No. 2005-016 has been given tinal approval by the City Council and filed with Hennepin County. 14. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the Ciry Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to dZe property and shall ackno�vledae the specific modifications to the C-2 underlyinb zonina district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 15. Approval of this Planned Unit Development ackno�vledges the remodeling of the proposed Dod�e truc� center and the expansion of the Brookdale Dod�e showroom/service center and the use of part of the old Ryan property for storage and display of vehicles only. Plans for a new dealership at 6700 Brooklyn Boulevard are subject to an amendment to this Planned Unit Development. RESOLUTION N0. 2005-156 16. The o�vner shall enter into cross access and parking agreements, as approved by the City Attorney, for the Dodge truck center operation and the Dod�e showroon�/service center (421 69�' Avenue North and 6800 Brcoklyn Boulevard, respectively). Said easements shall be e,cecuted and filed with the titles to the properties prior to the issuance of building permits. 17. The development plans shall be modified prior to the issuance of buildin� permits in the following manner: a. Either provide a 1� ft. green strip adjacent to the Brooklyn Boulevard right of way or a 3'/z ft. high decorative fence of masonry piers and wrought iron in areas where the green strip along Brooklyn Boulevard is less than 15 ft. b. T11e elimination of display areas along Brooklyn Boulevard within the 15 ft. green strip area. c. The continuation of a masonry and wood opaque 8 ft. high screen fence along the easterly portion of the Ryan properties to sufficiently screen that site from abutting residential property and the continuation of this same style fence westerly along the 69`�' Avenue Noi green strip between the two access drives serving 421 69�' Avenue North. November 14. 2005 �/l�-�t,G¢� Date Mayor�` ATTEST: �f City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman and upon vote being ta�en thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Kay �sman, Diane Niesen, and Mary 0'Connor; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. July 20, 2006 Mr. Ron Warren Planning Department City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: PUD Application- The Luther Company Limited Partn.ership Dear Mr. Warren: The Luther Company Limited Partnership is submitting its PUD application for the redevelopment of the Brooklyn Center properties located at 4101 69�' Ave., 4215 69�' Ave. (Taystee site), 6700 Brooklyn Blvd. (former Ryan property, and 6800 Brooklyn Blvd. (Brookdale Dodge property). This is an update of the previously requested application of October 2005 due to an additional pazcel acquisition and remodel modification. Luther has operated a Chrysler Jeep dealership at 6121 Brooklyn Boulevard in Brooklyn. Center since it acquired the franchise in 2001. In November of 2004, the Luther Automorive Group acquired the Dodge franchise, located at 6800 Brooklyn Boulevard. As part of the acquisition, the rnanufacturer required Luther to consolidate dealership operations at the 6800 Brooklyn Boulevard site and make facility modifications incorporating the Daimler Chrysler design elements and changes to accommodate o erational needs. P The redevelopment is a two-phase process. Phase I is the Dodge redevelopment at 6800 Brooklyn Boulevard. Tlus will entail the demolition af the old Taystee building at 4215 69`� Ave. North, the incorporation of 4101 69�` Ave. North into t�is site for use as velucle storage and the expansion and remodel of the Dodge building at 6800 Brooklyn Boulevazd. Phase II is a future dealership site on the south side of the properry at 6700 Brooklyn boulevazd Phase I of the redevelopment consists of removal of the old Taystee building. This northwestern parcel will become vehicle display. The building at 6800 Brooklyn Boulevard will undergo major additions and remodeling. There is a major showroom/office addition on the north side of the building. The modification on the west side includes a two story addition with adrninistrative offices on the ground level and 701 XE'NIA AVENUE SOUTH SUITE 220 GOLDEN VALLEY, MN 55416 tel: 763.593.5755 fax: 763.593.0769 web: www.lutherauto.com email: info@lutherauto.com parts storage on the upper level. Additionally a four bay vehicle prep area will be added on the east side of the building. Phase II occurs on 6700 Brooklyn Boulevard, the site of the former Ryan buildings which have been removed. Site fencing and security lighting will be replaced and or repaired in its interim use as vehicle storage. Areas where the former buildings were removed will be paved. The 14.69-acre site will be replatted into three separate lots. There are compelling reasons why some of the property lines will not be combined as part of this replat. The first is the environmental issues that accompany the Taystee site (4215 69� Ave. N.). Part of the Taystee site may be considered a Superfund site because it is directly adjacent to the active Pilgrim State Superfund Site and the groundwater and soil on it are impacted. It is our intention to use these properties as one for the purposes of a total site developrnent, but to maintain the lots as separate for the reason cited. The Ryan property will also remain separate for the purposes of replatting. This is because the Dodge site is subject to site control by Daimler Chrysler. Combini.ng the two properties would result in site control of the Ryan property. When the Dodge building was expanded and improved in 2001, the yard was in conformance with the 15' required setback. As part of the Brooklyn boulevard expansion project, 7.5' of the front yard was takem in the condemnation resulting in the condition that exists today. It is our intention as part of the PUD approval to bring the entire site into conformance in areas of new development to the 15' required setback, but in areas where tliere is a pre-existing condition, to leave the setbacks as they exist. The specific area affected by this is the 270' strip in front of the Dodge building. Compliance with the 15' setback requirement in this area would adversely affect site circulation and create significant inefficiencies resulting in loss of customer and display parking. Responses to Section 35-208 Rezoning Evaluation Policy and Review Guidelines follow: A. Is there a clear and public need or benefit? Yes, The Luther Family Dealership businesses have been in good public standing in the community and are an excellent source of employment. B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? Yes, our zoning is consistent with and compatible with surrounding land use classifications. C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? The Planned Unit Development proposal will allow for the urilization of the land in question in a manner which is compatible with, cornplimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. D. Have there been substantial physical or zoning elassification changes in the area since the subject property was zoned? The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city, as we are aware. E. In the case of City-initiated rezoning proposals, is there a broad public purpose evident? Not applicable F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? We believe the utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use for the property and will conform with ordinance standards except for allowing automobile repair to abut residential property, a less than 15 ft. green strip adjacent to Brooklyn Boulevard right of way and not requiring two parcels that are under common ownership and proposed for common use to be required to be replatted into a single lot. These modifications from the Zoning Ordinance standards are justified on the basis of the development being an appropriate redevelopment of this area and that it is ofFset or mitigated by various factors contain�d in the site plan such as necessary screening and City required decorative fencing. G. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? We believe the Planned Unite Development proposal to be a good long-range use of the existing land and this redevelopment to be considered an asset to the community of Brooklyn Center. H. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive planning; 2) The lack of developable land in the proposed zoning district; or 3) The best interests of the communit�? We believe our project to be warranted on all accounts. I. I?oes the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Yes, we are combining three properties into one cohesively designed development and bringing the total area into conformance with current Brooklyn Center zoning requirements. The Luther Automotive Crroup has been a part of the Brooklyn Center community for many years. We are excited about this project and continuing our positive working relationship with the City of Brooklyn Center. We thank you for your consideration for this request and look forward to answering any question you may have at the August 17, 2006 Planning Commission meeting. Sincerely, Linda McGinty Director of Rea1 Estate and Development I City of R�oklyn Center Section 35-208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. Purnose The City Council finds that effective maintenance of the comprehensive planning and land use classitications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77- 167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policv It is the policy of the City that: A) Zoning classifications must be consistent with the Comprehensive Plan, and, B) Rezoning proposals will not constitute "spot zoning", detined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed cotlectively or individually as deemed by the City. 4. Guidelines A. Is there a clear and public need or benefit? B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E. In the case of City-initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? G. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, contiguration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive planning; 2) The lack of developable land in the proposed zoning district; or, 3) The best interests of the community? I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? 2) Fublic recreational buildings and parks, playgrounds and athletic fields. 3) Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35-355. PLANNED LTNIT DEVELOPMENT. Subdivision l. Puroose. The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. Subdivision 2. Classification of PUD Districts: Permitted Uses; Annlicable ReQUlations. a. Upon rezoning for a PUD, the district shall be designated by the letters "PUD" followed by the alphanumeric designation of the underlying zoning district which may be either the prior zoning classification or a new classification. In cases of mixed use PUDs, the City Council shall, whenever reasonably practicable, specify underlying zoning classifications for the various parts of the PUD. When it is not reasonably practicable to so specify underlying zoning classifications, the Council may rezone the district, or any part thereof, to "PUD-MIXED." b. Regulations governing uses and structures in PUDs shall be the same as those governing th� underlying zoning district subject to the following: 1. Regulations may be modified expressly by conditions imposed by the Council at the time of rezoning to PUD. 2. Regulations are modified by implication only to the extent necessary to comply with the development plan of the PUD. 3. In the case of districts rezoned to PUD-MIXED, the Council shall specify regulations applicable to uses and structures in various parts of the district. i City of Brooklyn Center 35-47 City Ordinance c. For puiposes of determining applicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD-MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adj acent or nearby properties. Subdivision 3. Develonment Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights-of-way, unless the City finds that at least one of the following conditions exists: 1. There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public right-of-way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or 3. The property is located in a transitional area between different land uses and the development will be used as a buffer between the uses. b. Within a PUD, overall density for residential developments shall be consistent with Section 35-400 of this ordinance. Individual buildings or lots within a PUD may excee� these standards, provided that density for the entire PUD does not exceed the permitted standards. c. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35-400 to 35-414 and Section 35-700 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. City ofBrooklyn Center 35-48 City Ordinance d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35-704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity of peak parking demands by the uses within the PUD. The City may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or which are otherwise approved by the City. Subdivision 4. General Standards. a. The City may allow more than one principal building to be constructed on each platted lot within a PUD. b. A PUD which involves only one land use or a single housing type may be permitted provided that it is otherwise consistent with the purposes and objectives of this section. c. A PUD may only contain uses consistent with the City's Comprehensive Plan. d. All property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved development pIan and site plan. e. The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivision maybe subject to modifications from the City ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City, except that these subdivisions and plans must be in conformance with all watershed, state, and federal storm water, erosion control, and wetlands requirements. Subdivision 5. Annlication and Review. a. Implementation of a PUD shall be controlled by the development plan. The development plan may be approved or disapproved by the City Council after evaluation by the Planning Commission. Submission of the development plan shall be made to the Director of Planning and Inspection on such forms and accompanied by such information and documentation as the City may deem necessary or convenient, but shall include at a minimum the following: City of Brooklyn Center 35-49 City Ordznance 1. Street and utility locations and sizes; 2. A drainage plan, including location and size of pipes and water storage areas; 3. A grading plan, including temporary and permanent erosion control provisions; 4. A landscape plan; 5. A lighting plan; 6. A plan for timing and phasing of the development; 7. Covenants or other restrictions proposed for the regulation of the development; 8. A site plan showing the location of all structures and parking areas; 9. Building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development; and 10. Proposed underlying zoning classification or classifications. Such information may be in a preliminary form, but shall be sufficiently complete and accurate to allow an evaluation of the development by the City. b. The Planning Commission shall hold a public hearing on the development plan. Notice of such public hearing shall be published in the official newspaper and actual notice shall be mailed to the applicant and adjacent property owners as required by Section 35-210 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regazding the plan within the time limits established by Section 35-210 of this ordinance. c. Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 35-210 of this ordinance. Approval of the development plan shall constitute rezoning of the property to PUD and conceptual approval of the elements of the plan. In addition to the guidelines provided in Section 35-208 of this ordinance, the City Council shall base its actions on the rezoning upon the following criteria: City ofBrooklyn Center 35-50 City Ordinance 1. Comparibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The City Council may attach such conditions to its approval as it may determine to be necessary to better accomplish the purposes of the PUD district. d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant to Section 35-230 of this ordinance. In addition to the information specifically required by Section 35-230, the developer shall submit such information as may be deemed necessary or convenient by the City to review the consistency of the proposed development with the approved development plan. The plan submitted for approval pursuant to Section 35-230 shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking azeas and roads are in essentially the same location as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. e: Prior to construction on any site zoned PUD, the developer shall execute a development agreement in a form satisfactory to the City. f. Applicants may combine development plan approval with the plan approval required by Section 35-230 by submitting all information required for both simultaneously. g. After approval of the development plan and the plan approval required by Section 35-230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. City of Brooklyn Center 35-51 City Ordinance h. If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance ofbuilding pernuts no construction has commenced on the area approved for the PUD district, the City Council may initiate rezoning of the properiy. i. Any maj or amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by Subdivision Sd of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. I City ofBrooklyn Center 35-52 City Ordinance i nau �acwnoN �ue IIItIrflAl.1'f.' 1'I:11':I:II Alf: A �3A B RO O KD.�LE I LLTHEM YY11u1:Uwi.0 CHRYSLER- EEP J uuocecu¢naerie¢t I &IOUKLYN CEMC141�N USYl4M4^rJ UA�e N. M.y4wuW�A1N5S10 `SITE BROOKLYN CENTER, MINNESOTA 3� IfJTEIi$TAiE N0. 9t 1 I-. I I I I .wexevunnds m+erns oanwuicmwa�s cutrn� ��.�...x,,.., uOmHV Y�M�cI'Y!M [uW'. i r. a� O r� w. s.. e I I 1 I y11Lk11llUKl[ l �a Iln il.�x I u I j jl lYOSIONCONI'HOLSYlf0O15 '1.. 1 .h1 T lx� �L�t. ,n �u, il, I..�� 1 1 I.. I II i n.�. a:. c:. .n. I I i:.:: L� 1 .I I i y^ C •Itt 1 1 I I v-.�. I ICkI 1 I, :fll �1. I i 1 ll� 1 M1 �Ir 4111.LI fll� I1.'l ;1'll W 1 �I s Sfl'C/UI'IIJIYC[/NfAC1% L� 11 I illi.uln�l �.�.�1� II.J� l 1 I I. iu.i !'�:Ula:t:l� L�xlir.al I. 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I II I II i I 'II j L li�;,ll'I I,' I{I' �i �!,I I :I Y �.M... �1` t LINDOI:UaLh Ikllluli 1 I �JA i �'lllil�,'1.1'h Jl:tl' I i i rer. dca.ni r-----� I ,'[1 V j i '1 r c 1 i o i Q i M:°t �{p auorrioN T aT'suennirrn� J I i Jl1LY 20.2006 r f s..ee �§o a: e �C�� '1 LANDFOItM RECEIVED �y- ,�,�,wA I J U L 2 0 2CG5 �r-. a CITY OF aR00KLYN CERJTER �-��r�� i GOPNE�TATE �u;c� ONE CALI ,..`'�`IC�OtA f�LLBEFONEYWU�G o jo su o—.•.+-e-.••.I.._ va�� e `JGIF IN Plit�"C 1 I SEE i—EET ��.=1_ NUClS p .�-,.1 }3 ei..�,» 1:; i .....,�.,.�.,.�.m.�M�....a...o.v.,o.� i �rceuaxaxs rm' ::°my�..�..i°..� r r 4UltlLYtlitl%i\YNY ..�i..�. !`f WOf.lCNNLLlLItJLCP I p e .�i�' _i I �xW�LYNCC\T�N,\W S�SYMWIewuuYDN.eH. l O C: I A4y1mw4�Wf310� Q ...I I F U •�,.�xa... ..�a..�.r��....... .0 3�- ..e 'i j1. :•1 �\\�u I �1� :i p I O .i II 6 I ___.I 1. j 'i t �_�._i .I L��. i ._1 i i Il i c�rrsuei..urrn� JULY 20. 2006 I �p.. I� p I F 1� 6 1 I r p" LANDFORM �'I' RECEIVED -:��_-x� I JUL 2 0 ?0�5 an_.. CITY OF BROOKLYN CEPlTER �.�o 45' e =r GOPHER STATE :aa,ras ONE GLL GLLBEF�YWCIG r y 50 -•��6010 I'7El.'.)"7.'d %f' J7/. scai�s �x reu�r �n,.s BA .�ll�.`!YF .17/f.'%f/ p. .:c;..� �...ro.��,a..,,N.. ,..�.,m o,. OIGI]INI:iYAVIN(IN[YlNS �a>.�i�.ir..a+ r.... ..i ..�.....�.i, r...ru ..r.�..a. —1��.. 1 n '•e W04l�'CMIlYLS Pf BIeWK�YNCCYitq?IN .A }i,..� —.�.ry u �SY YN N D I I J I `J. l 1 1 Myk w4 W9s1YY i p -U i t. 3,w ..A_.. o il .-fl i z I.s -i w-, 1 :.c a Y i f r \A p l t O -t�� o o I I 1 ...,.m:uu�;uvo- uro,a. I---- n r cm�� iri� 1LLI' 'I• r. :\IIUIIIIiR y� _-.p...� ERUyIONCUNTN01 N K p �9. 0 �p, r- p 8D 1 w<unr.u�ir uuuc;r. C411t1'�I I N I�EI' ,•�f Q V f'k'4:-�ut�.�..7U !i; I 6 l s �.�x�tu �L i U Y O 2006 J L 2 f .1[ll�l'17UN _n p .i, ,,,f/ e[�� I _r L I I I xe _..a .`t,', f LANDFORM 1 p ��CEIVED �u� 2 c 2c�� .�_.�.r.. CEPJTER CITY OF BROOKLYN E'uaFGE� 'f ��A\��'..'.�.�y GR-OYGP�.W M�RM) GOPHER �'STATE ONE�CALL I�� C711B� YOUDIG y„ so ,_.__,—_.-.��{07A n SCAIJt 1N 1�NKP _E= �L,� ]iA.�.b r�,.�,,.. ry L� j .»..a..,� .....,..w ro. �.W M v,` ,d y C4Vl. CN !S u. �.e I I i LI1111lYtlYWCDAI.I: I WoCf CHNYLSI:R JlLf ...Ot Y, t BYWIiLYNCf!iTC0..MN 6.. aaw �w ss a U._ rv I I I M v a' 1 `1 1..... P j..� `.4`\ 4\ F` o- I G .o: o. y... ,_p_ I h o IrNmNfito N(YR f i e '...U__ n I `�1` 1 I• .n u.... i: r.. Y b', p 1,i i..,, I ^,J I i arr suarnirrn� JULY 20.2006 y'.. i 4 a a i i�� V o �'p LANDFORM I RECEIVED �:i.; �I J U L 2(� 2G�� w.��a CITY OF BROOKLYN CEPITE o -';`o,�.�!•�_�'_ �o�Eo �i�:•,,:_: w w.« GOPNE�TATE ONE t CALL YOY�" c�ue�at+� ournc r� b o_� :,I.... ii��.,��i�• _i�. .v� �u„�� .___.F_..� __nu�� H� c.9%7/ /!F: P7 L' :17I�'7f1, o'w�:� m. �..n........• 1 i lllll.lIYNRI'v� rar� u�saw aa n�. n.��.- I f� WOCL'CNN1'LS R! [f BIeW1iLYNC[NTC14]W I�SY M�ylanwi DA.� N. ai.p6wrd.�WSS1Y9 i ....,.s.....M�.^,. :.c� r,� I:,�, o y., r 4..... i U 1/; :n t: 3114:/N'Ll1Yl'UNIM'IS .11....f. `I a .n�. n�.. ri ...s..�� a� i I�ItUU1:UAl}: I�UUUL [Ilkl�ll'It JLkA� .VIUIIIUN I Fi L I `4� k mcoonuuz uour,e I I:hIN1�1.E:k Jk:F.I' J lhl:-tl�a.JU @i 'z:� i. J .��.�i I 7 i ,y y '4' c TM iszo z�ooe j �u� r�BUIT1tll< _._1 q� ee si�eT c-ocae li�� RECEIVED ...a.� LANDFOItM T. :�t'� JUL 2 0 2CJ6 `G CITY OF BROOKLYN CEPITER o ENLCIGED �y; uT F Hl� l� GOPNER STATE ONE CALL 9�W D�i r� ��N.d �0 60 ...✓a�.'w SCAL� IN NL+ICf e ��.�s �_,.E�._,. f- �A�,� r�,..... �..�w.,_ t...� i 11'Nf1YN01�< Llll'tlLYtlYW\U.W: WIH:LCNN\iSCNJrC� O \YWKLYNC[.YT[R?W I HSY MWknwJ Drl�� N. i ,i� �A'M^^wW.�WlSIYY ��0�. I „n".. n .e.,. 3�._ .p,................... `b SIR/UTILI'IY CONI'ACI] �'o. .•••o _.,�u, ,I I 6,��. u Ii i i j S "A. 'L. ro aTM su�Minn� JULY 20, 2006 �0��. RECEIVED �!NDFORM z ,J U L 2 C� 20�5 CITY OF BROOKLYN CEPlTER -z QtM ED '.','�53}\�Y::'�:.. �(8al Hl� GOPHER ETATE I ONE CALL �;.IC.gp3B �e �ao�c o"r�'"tea �....e.<._.—�Wi._ I 7E'f,'.5'7.'I %'F,' I 'rG scu.e srr anc-r s w��m�uaesnieou� 73A �,�x...,�.�•u:�..., 9 i, �Wa�-�.o�� .ay�v..�tuu�_i..e>rr._ t: i i ++mrs wr �ueww v I.. v :J�. u i. ::1� YWM]Y.L\'NCLATl:Y.AIN i. i. r. �..i�. lJW nl�pkwxW W1��K N�YYHwJ.�W3510� 4".:.. d .,�::;:.,;;.:`::;:;Y:::::` 3..��,~,..�._ �f'� f .'.r, 4 t, a. I w i ,.4 1 1 2 C r N u ��a a PEIZIt'1ETER LIGNT FIXTIIRE BASE J n_"E II� G j�WU �w. j i �U' �.1, a 4 W�� f c�rrsue�n�nn� .,,.C,,,,c� Jt1LY 20, 2006 �v y t 1Y-�„ t. LANDFOItM w:_� IV ED RECE J U L 2 0 ?QC5 E�F S�vE� ._I y ,y�� S CITY OF BROOKLYN CEP1TER LIGHIM6 PLiN 5�� SCN-L' IN PSL�I' ._:=1WI.E401 �anaexeseavnnorrxmss u..�-,a r.d. tt: --'�I m..,....� evrv.u_ica. u�rru.._. a.a.r m.va�ze e��. :lui sue�wtr �mx[ x I u�l�� NtlM�MIKUALC pOOC[ CIIMYIStR JE[� G �r�°` f a'l�ll� i_r��(i J�Tf 1 i i, i i i i i i i i i i I..� i i i ��fT'� rl .a..� ��u .�.�r� �..,r.�.w i vcvm.oawmi pk w1 �NSSIY� i II 1 I I .n I I j I I I .r.r _I I I "o I .�I�IIIIII�� i-�� (Il�,ll�� ir�lfl��,, �+t II i °��il�ii�!��I�I!`I�� `f��l�� illfH�� I'� 3 ,.,a.,.. �.x�,c �•�!�li�!I��i� Ii� ��ii�� t I y �a a w. I I i �I'�� I '_J �')CX I .`i I I 1 i i I F �1 1 rueerxrse¢vnnuxmwmnxr "I I I,I..��. I. .o:,a i ,r y. I'. Y o��, i t L i 1 t i 6 t I e 3 2 i n T j JULY 20 2 C..� j ._l 1 -x k l��, x -1 I LANDFOI2M i �1 A ��EI'U�D u: ..�.M,_....,_.. F f s-+J. i I �i L f y CIIY;�F3F��1f��_CEPiTER ,�E�� =3� I .r ..n.o,.�. L-101 SCALt IN FlLT PRHWIINi.AYPIANi'5(]iE1N11P. iJA a..W e..a v�� m�� 1 LL�w�'�� 4uux:�si�ts. L�'a�. �Tm r��, ,��,,.,.,,,s A m.d.., :n ,y...,_ s :,;�u� o f n W�HlMYNW\UALf 1 I p Wuo�c�.rn c� rzw em I ,�l�lllllt �IIII J Illlill' il I III. �I.ililliiiii L o I� D O. i Nnsaa� m. on.. w. N�Mk� wd� �ai�l�l!Ii�C� �I!Itl;rlfl�H�t,yi��;,fi};T��;► 4�i�il!ii�liflll ��II� iiiil�!Fil�iNilli�i�l��l;l 3 i i �Ij i Hosn m �I��I�I�L�� ;�{f��i� ��I Til�I�li t. r I fl ��'1 P� (iil Iil��ll�if,l�ll' i a a� i �r zs CCC�''' ,o��. IIII ��Il�ll��i i� il�!�:rl I�� I D c p, i a ��N�tl�;�la.` v ,�s n.... —r o o.. i p.,, �''4�. g i c:•' �ay t 'yy i .w,�:y i� o 1 I I I V y r� 1 p y V VTe� s a �j i i J y �a A C N G 2 .a..��...... _u.m� I II I ..�..........,.....o GITY5U0MITfAL JULY 20. 2006 i \s o n �c��. %//i Q-� LANDFOI2M .,o- 4. Y j ti- JUL 2 0 2Q�6 ^w l CITY 0� BROOKLYN CERJTER I' G° NGUCtl PFELRiN4Rr oVEMTORT PLqi u 9CaL6 IN NEET :I 4102 vueiuuu.kvvur+rscuxnms r.h I I 1 T i� D 4 i I :�.�.,t .,.uu..� ro r�. p W +�i#�r a `f^' i��.� �v ��w a'w..� R I p K.�' •mni�in�w �w um M... I 'i.l p,::� �uruereruow.�.e �G:J WDGCCMNYLSlpJCCI r p I I O BYW\L\NC[Vi[q\R1 �;,r. 1 o.w�i.�.wun..N .i I ]'p M. uw1.�WSSIW .u�.. *.s� ,rt.�t i o �i p 3�. .,,u.. o o i ;t i i. 't#•,k.. .'p� o �i p. I, i I I 1 p o o I Y ue I i u Lik00l•. D.1L,1: I)OUG L: -I CItRI:iLL'li .ICCf, _p •r 1UUI'�'IODi a C >3.m o;� e.. ..u,., arr suenairrn� JIILY 20. 2006 iiitooi.ua�.�: i��uci•; eLCL� i Cllhl LCK I! CP I� I I.- HG:.� .40 I I �i LANDFORM i`i RECEIVED ft. i' f'r_^'.. I� l f l �...�....oe� i�- J� fif�C 7 W �1 o-2 �uurnora C1TY OF BROOKLYN CEAITER�� o:: j .::.D R..� �u p� u �::I �-�03 w SCA1B iN pEgT I3A a,« �'��.:.K��,.T.�. B�ookdale G�ryl�-Jaep Bulldlny Data oi Brookdale GF.yler-Jeap Occupency Dala Type of Canatruclion II-B 4 e. OH'Ice 14�35 BF Offlu/Parte Addtl�on o, ;;;r',.,6' SF�uroom 10.138 SF Flrot Floor 9370 SF r�uxrui wotl'�u�.i," Wi Werehouee 12.%2 9F Deletllr�y Bay� Addltion 1,970 5F 4 5ervice 3S baye (IB.931 SF) 1y To�el Firs� Floo. dddillon� I�aO SF y Toial SF 56917 SF o Luther I3rookAule Offlca AddRlon-I Flr-Norlh 1.690.4 5F C6ryslcr-Jcrp Oftice 4ddilian-7 FlnNor�h 3566.6 5F ��ai Of(lu/Perl� l+ddlllon a 41WJ� tl U�wiYlYOl:nJe�.MN nenan��e 737m SF Perle Ubrehouse addlUon P �,.,,.am.o�...x.a.«i�epdue Hezzanlne ��70 5F I�.ueJ Wr l'+�' N�vi.a SB.luly lu�q Tolal AddR�o�e �B,931 5F b1�[ %8 %S f r Eniellre� Bullding 34435 SF s� flnl Floor oddlllon� 11940.4 0 f New ExUUng Flnt Ploor 16915.4 bF i New 2nd !tr Mez Add. 6,996.6 SP l y a�!� J Tolal Bul�ding 5F 53317 5F �o i 6econd Floor Offlcs Plen op N�• I'.e• M BI L� u�.�er OI 0 t w r'r'°" D] I +1 L_•_'' o I I o�. r�m..`. uY.ra.. `'�'j�!� e �I e�"t'� F..+u n .�.A I.I:—� a Q (t o s P t� i ``'4"�Ig +y �4,.,�� rw,�. p p c,,,� O O O O an� ci°u.,° O O _l .l_� „P. �'e°„� 1 o a o o o a n a- a .�.5 c a e r/ ---r j a 8 l� m �...b.. y �aL� ..e Q r r i I w.._.rm� V I I i i i i I ........a... P� I I o.. ,m�.,• I w 4 t r:� ,w �e `��.ti a,_.�� F�oo. PV. e�.�.u� e„n ��.g �e a J� G.� EI �i .6ddlllOn w•.r.� 1w.o... Nm ;iA-�oo Flral Floor Plan ��d��"'edd,�,�, L.�....... ��.m� �v F B�OOKLYN C ""w" ��aw g CITY 0 a�� z ]3A �ti�. �ATkx. IN�`. .11ti,lt n�a11<N.L lru.�t�U1Y1 Fu NI�IT41+1i I n1lnnLnlaiu w i nl V �A 'IYillil'Ilt��k: Uv'� �.uuul .0 YA�: �u..xW.:46w JN. ITr.N� 1 E%��%• i i Lul6cr liruokdale �---'---1 �'--'-_-f I .�r, Chryslcr-Jeep i ew. UuJge I II�wAI)nlli��vr.AiN Ia.ueJ fur �vn.s Rn�ux 3A:\p�il ]A I.au��J fur l'i�)' Ituvbn 3tl J��ly 3UWi V 0 b p 0� Y b M Y b iJ O J f s-. Psr .n.a Mvk� rme p i� I I o e� o o L-r P4,.�.,,.. �.�,.,..v.�. '~�e. Q n Q I Q�r�� p y Y d �I �c n n �Jl� a.. o .m„ I� ��e..,� II� II II [W wrm q„ w.ree wsy. .r'a w w� iwg ewe�� orr�: oni� Jan om� an:. T r-�I 7 ..i r� y Q. Q Q a° /1 (�0 I O O y w. I y� am �.r ar. 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City of Brooklyn Center A Millennium Community MEMORANDUM DATE: Aujust 14, 2006 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works T� SUBJECT: BRI MAR 2 Addition Brookdale Chrysler-Jeep Planning Commission Applications 2006-009 and 2006-010 Public Works Department staff reviewed the following preliminary documents submitted for review under Planning Commission Applications 2006-009 and 2006-010 for the auto dealership site loc'ated at the intersection of Brooklyn Boulevard and 69 Avenue North. Sheet C-101, Existing Conditions, dated July 20, 2006 Sheet C-102, Demolition Plan, dated July 20, 2006 Sheet C-103 and C601A/B, Site Plans, dated July 20, 2006 Sheet C-104 and C602A/B, Grading and Utilicy Plans, dated July 20, 2006 Sheet C-105 and C603A/B, Utility Plans, dated July 20, 2006 Sheet G 106, Preliminary Plat, dated July 20, 2006 Preliminarv Plat The applicant is proposing to replat Lots 1 and 2, Block 1, Bri Mar Addition and the westerly portion of Lot 3, Auditor's Subdivision No. 25. The preliminary plat generally consists of the relocation of an internal lot line separating Lots 1 and 2 of Bri Mar Addition and incorporation of the westerly portion of Auditor's Subdivision No. 25 into Lot 1 of the proposed plat. Lot 1, Block 1, Chrysler Realty Addition is also shown on the preliminary plat. However, the applicant has indicated that the land within the Chrysler Realty Addition boundary will not be replatted at this time. The following recoirunendations regarding the preliminary plat are provided for consideration. 1. The proposed development site is adjacent to County State Aid Highway (CSAH) 152. A copy of the preliminary plat will be submitted to Hennepin County Transportation Planning Division for review. The final plat must conform to requirements as set forth by Hennepin County. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2I99 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 wwia.cityofbrooltily�zce�zte�:or� 2. The applicant shall provide the City with an executed copy of a shared access easement over Lot 1 of the proposed plat a shared driveway access onto CSAH 152 at 68` Avenue North prior to release of the final plat. 3. The final plat shall include 10-ft wide drainage and utility easements along the perimeter of the plat and along intemal property lines. The final plat shall also include a drainage and utility easement extending over the boundary of the existing signal and utility easement and road easement per pocument No. 3457153, Document No. 3457154 and Document No. 3457158. 4. The applicant shall be responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies. 5. All easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 6. The property owner of Lots 1 and 2, Block 1 of the proposed plat shall enter into a utility maintenance agreement with the City to provide for the long term maintenance of private utilities and storm water facilities that will serve a joint or common use between lots within of the proposed plat. The utility maintenance agreement must be executed by the owner and the City prior to release of the final plat. Water and Sanitarv Sewer Utilit� Service Public utility services are provided to the existing building within Lot 1 from water main and sanitary sewer main along 69` Avenue North. Public utility services are provided to Lot 2 of the proposed plat from water main and sanitary sewer main extending into the site from Grimes Avenue across the southern property line of the Victoria Townhome complex located to the east of the site. 1. All water and sewer services for the existing buildings scheduled for removal within the plat boundary must be disconnected at the public mains prior to building demolition. Service disconnections shall be done in conformance with sewer and water service disconnection specifications available at the city engineering division office. The applicant's contractor shall have all service disconnections inspected and approved by City utility staff prior to backfill. This rec�uirement shall apply to all building removals, including the buildings located at 4215 69` Avenue and 4101 69` Avenue. 2. The existing 8-inch diameter sanitary sewer service extending from the "Brookdale Dodge Chrysler Jeep" building is shown as an 8-inch diameter PVC pipe leading to a 6-inch diameter VCP pipe that drains to 69 Avenue. The applicant's engineer shall confirm that the existing sanitary sewer service has sufficient conveyance capacity for the proposed building expansion. 3. The upstream side of the existing sanitary sewer manhole located within the southeast portion of the site shall be capped and sealed by the applicant's contractor. 4. The proposed site p1an shall be subject to the approval of the City Fire Chief and Building Official, including hydrant spacing requirements and any other requirements of the Fire Department. Site Lavout and Traffic Traffic access to Lots 1 and 2 of the proposed plat includes a signalized intersection at 68` Avenue North along the west boundary of Lot 1 and a right-in right-out access point along the west boundary of Lot 2. The signalized intersection at 68` Avenue North is intended to serve both Lots 1 and 2 through a driveway access agreement that must be amended prior to release of the final plat. The anticipated land use for the site is not expected to significantly modify traffic patterns from existing conditions. 1. The applicant shall take appropriate measures to protect and preserve all trees, landscaping items, street lights and sidewalk within the public right-of-way and highway easements extending along Brooklyn Boulevard (CSAH 152) and 69 Avenue North. 2. All curb replacement adjacent to the perimeter of the plat boundary shall be Type B612 or B618 in accordance with City Ordinance Section 35-710. The applicant is proposing to construct curb Type B412 at several locations within the site. Type B412 curb is acceptable only in locations not adjacent to the outer perimeter of the site. 3. Sheet C-601A shall be amended to show the installation of B-618 curb and gutter across the existing driveway within the westerly portion of Auditor's Subdivision No. 25. The site plans shall be revised to remove the note indicating a transition to B412 curb. Sheet C-102 shall be amended to indicate removal of the driveway apron for this site. 4. Parking space dimensions shall meet or exceed the minimum standards provided in City Ordinance Section 35-702. 5. The applicant shall provide for the installation of new traffic control (Stop) signs at all site egress points that are not currently controlled by traffic signals. 6. The demolition plan indicates removal of the existing wire and wood fence along the eastern property line of the site. Replacement of the fence for security and screening purposes sha.11 be subject to review and approval by the Community Development Department. Storm Water Mana�ement The applicant has provided data showing that the proposed site improvements reduce the impervious surface area within the site by approximately 1,500 square feet. A representative of the Shingle Creelc Watershed Commission has reviewed the site plans and has indicated that the watershed will not require additional storm water management measures within the site based on the availability of existing regional treatment ponds located downstream from the site. The following recommendations are provided for consideration. 1. The storm sewer plan as shown on Sheet C-602 includes the installation of new storm sewer pipes and catch basins discharging into the existing storm sewer structure adjacent to Brooklyn Boulevard. The site plan should be amended to include the replacement of the second segment of storm sewer pipe downstream from storm structure CB #7. The plan shall be amended to provide more detail as to how the new curb will tie into the existing storm structure along Brooklyn Boulevard. 2. The applicant should consider replacement of catch basin structures CB #2 and CB #12 due to the number of new storm sewer connections to these structures. i 3. Temporary erosion control inlet protection shall be placed at all existing and new catch basin locations where pavement is removed to accommodate the proposed site improvements. 4. Erosion control silt fence shall be installed along the property line at all locations where existing curb will be removed along Brooklyn Boulevard as part of the proposed site improvements. 5. An NPDES construction site erosion control permit must be obtained from the Minnesota Pollution Control Agency prior to disturbing the site. The above comments are provided based on the information submitted by the applicant at the time of this review. Subsequent approval of the final plat and site plans may require additional modifications or easement dedications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, gas and electric service, final grading and geometric design as established by public officials having jurisdiction over approval of the final site plans. Member G r a dy 6 o e c k introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2006-02 RESOLUTION REGARDING THE ON NOE2006 009 SUBM TT BY PLAN1vING COMMISSION APPLICA THE LUTHER COMPANY LIMITED PARTNERSHIP WHEREAS, Planning Commission Application No. 2006-009 submitted by the Luther Company Limited Partnership proposes rezoning from G2 (Commerce) and R-3 (Multiple Family Residence) to PUD/C-2 (Planned Boulev between and 69�' Aven e contiguous lots located on the easterly side of Brooklyn North and addressed as 6700 Brooklyn Boulevard, 6800 Brooklyn Boulevard, 4215 69�' Avenue North and 4101 69`'' Avenue North and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a two phase redevelopment and expansion of the Brookdale Dodge automobile dealership and the former Ryan Olds properry; and WHEREAS, the Planning Commission held a duly called public hearing on August 17, 2006 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission considered the Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35-208 of the City' s Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City' s Zoning Ordinance and the City' s Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2006-009 submitted by the Luther Company Limited Partnership be approved based upon the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City' s Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those pernutted on sunounding land. 3. The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with i ordinance standards except for allowing automobile repair to abut residential properry, a less than 15 ft. green strip adjacent to Brooklyn Boulevard right of way and not requiring two parcels that are under common ownership and proposed for common use to be required to be replatted into a single lot. These modifications from the Zoning Ordinance standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved development plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City' s Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. 6. Based upon the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35-208 of the City' s Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2006-009 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building permits. 2. 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 building permits to assure completion of all required site improvements for both the Brookdale Dodge properties and the old Ryan Olds property. 4. B-612 curb and gutter shall be provided around a11 parking and driving areas except for where the City Engineer may authorize a lesser standard such as B-412 curb and gutter in non-drainage areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view: 6. The building and building additions shall be equipped with 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. 2 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. The owner of the property shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building pernuts. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 12. The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13. No building permit will be issued for construction of the proposed building until the plat comprehended under Planning Commission Application No. 2006-010 has been given final approval by the City Council and filed with Hennepin County. 14. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attomey prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 15. Approval of this Planned Unit Development acknowledges the expansion of the Brookdale Dodge showroom/service center and the use of the old Ryan property for interim storage and display of vehicles only. Plans for a new dealership at 6700 Brooklyn Boulevard are subject to an amendment to this Planned Unit Development. 16. The owner shall enter into cross access and parking agreements, as approved by the City Attorney, between the site addressed as 4215 69`� Avenue North and 6800 Brooklyn Boulevard. Said easements shall be executed and filed with the titles to the properties prior to the issuance of building pemnits. 3 /o ��D�� Date Chair A�. TEST: C� •(�l_/r�-v�-�-� Secretary The motion for the adoption of the foregoing resolution was duly seconded by member R a c h e 1 L u n d and upon vote being taken thereon, the following voted in favor thereof: Chair Willson, Cnmmissioners Boeck, Lund, Parks, Rahn and Roche. and the following voted against the same: N o n e whereupon said resolution was declared duly passed and adopted. i i 4 Member introduced the following resolution and moved its adoption: RESOLUT'ION NO. RESOLUTION REGARDING TI� DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2006-009 SUBMITTED BY THE LUTHER COMPANY LIlVIITED PARTNERSHII' WHEREAS, Planning Commission Application No. 2006-009 submitted by the Luther Company Limited Partnership proposes rezoning from C-2 (Commerce) and R-3 (Multiple Family Residence) to PUD/C-2 (Planned Unit DevelopmendCommerce) of four contiguous lots located on the easterly side of Brooklyn Boulevard between I-94 and 69' Avenue North and addressed as 6700 Brooklyn rt� d Boulevard, 6800 Brooklyn Boulevard, 4215 69 Avenue North and 4101 69 Avenue North; an WHEREAS, the proposal comprehends the rezoning of the above mentioned properiy and development plan approval for a two phase redevelopment and expansion of the Brookdale Dodge automobile dealership and the former Ryan Olds property; and WHEREAS, the Planning Commission held a duly called public hearing on August 17, 2006 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission recommended approval of Application No. 2006- 009 by adopting Planning Commission Resolution No. 2006-02 on August 17, 2006; and WHEREAS, the City Council considered Application No. 2006-009 at its August 28, 2006 meeting; and WHEREAS, the City Council has considered this Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance, the City's Comprehensive Plan and the Planning Commission's recommendations; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2006-009 submitted by the Luther Company Limited Partnership be approved based upon of the following considerations: 1. The Planned Unit Development proposal is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the properly and will conform with ordinance standards except for allowing automobile repair to abut residential properiy, a less than 15 ft. green strip adjacent to Brooklyn Boulevard right of way and not requiring two parcels that are under common ownership and proposed for common use to be required to be replatted into a single lot. These modifications from the Zoning Ordinance standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved development plan. RESOLUTION NO. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. 6. Based upon the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2006-009 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance or permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all required site improvements for both the Brookdale Dodge properties and the old Ryan Olds property. 4. B-612 curb and gutter shall be provided around all parking and driving areas except for where the City Engineer may authorize a lesser standard such as B-412 curb and gutter in non-drainage areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from vievv. 6. The buildings and building additions shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. The owner of the property shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to issuance of building permits. RESOLUTION NO. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 12. The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Deparlment and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13. No building permit will be issued for construction of the proposed building additions until the plat comprehended under Planning Commission Application No. 2006-010 has been given final approval by the City Council and filed with Hennepin County. 14. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 15. Approval of this Planned Unit Development acknowledges the expansion of the Brookdale Dodge showroom/service center and the use of the old Ryan Olds property for interim storage and display of vehicles only. Plans for a new dealership at 6700 Brooklyn Boulevard are subject to an amendment to this Planned Unit Development. 16. The owner shall enter into cross access and parking agreements, as approved by the City Attorney, between the sites addressed as 4215 69'�' Avenue North and 6800 Brooklyn Boulevard. Said easements shall be executed and filed with the titles to the properties prior to the issuance of building permits. Au�ust 28. 2006 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 2006, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances regarding zoning classification of certain land (easterly of Brooklyn Boulevard between I-94 and 69 Avenue North). A�iliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONIlVG CLASSIFICATION OF CERTAIN LAND (EASTERLY OF BROOKLYN BOULEVARD BETWEEN I-94 AND 69 AVENUE NORTH) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35-1120. MULTIPLE FAMILY RESIDENCE DISTRICT (R3). The following properties are hereby established as being within the (R3) Multiple Family Residence District zoning classification: The easterly 601.365 feet of that part of Lot 3, Auditor's Subdivision No. 25, lying north of a line parallel with and distant 289.74 feet south from the centerline of 69 Avenue North, formerlv County Road No. 130. Section 35-1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: TL. ,-t f' T t .7 T C' z_�T G(]C 1' .+f' �1+0 4�11., Trrccc�urr c��.�-n'cki�l�-n�drvc :�o o' b t��e�t�--��rbe�r�k�g�r4��ec��, �z�e r,r.,r,,,. ,a,�;�;,.,, �e:—�k�.� o.,�o„ao.a �+,-.,;..1,* 1;,-,0 tL,o ,,..,-f�L, l;,,e ..4'T,-.,..� A D T .c�_,. �,^��t�e�g�3-4--�leE'.t i n �i „a �.,.,,..,�o,a� u.,�;� n.,or„o i.,;,,,, t,o...,00„ ��.o�o �.i,,,.i,�. .,;�t,;r c,,,,,.;�o r,r„�,.,. �aC-: ORDINANCE NO. T A.,,,.7 D on; ��o,-v.a T.,,-..i C,,,-.ro<. T�T,�. n G� v. T,-.,..4 A D o.t; ��o,-e.7 T.,,�,.i C,,,-.�oz:_T�T., C'1 Do�.;�*0,.0l7 T C,,,-..o.,�T.,. GOG TL..,� ..�T A.a'+ C' 1-l1' A �A�� Q@StttCC�-tr.rivzi6��L .!''..,v„�,o,�,n' *i, c zn a;�*„�� c� �_f �t,o ,,,,,-��.o„�� r u� �L. ,-tl. 1' F C� Z� �1, o.,�ort.. 1;,,0 .,f T�+ 4L,o,,..o ,,.,,-tl,...o��0,.7.. =civ '.7 l;,�o .,f' T Z cn� ��0,-1.> .,1.,,,� 3 ,.;.i o��o,.l., l;,,o �..�ha �c �n. i ;a co,.�;,, o �„_��,o r+,,.��,o „F„ Section 35-1240. PLANNED IJNTT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a(PUD) Planned Unit Development zoning classification: 4. The following properties are designated as PUD/C2 (Planned Unit DevelopmentlCommerce): Lot l, Block 1. Chrvsler Realtv Addition Lots 1 and 2, Block 1. Bri Mar 2" Addition Section 2. This ordinance shall become effective after adoption and upon thiriy days following its legal publication. Adopted this day of 2006. Mayar ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) i City Council Agenda Item No. 9b I MEMO To: Curt Boganey, Interim City Manager From: Ronald A. Warren, Planning and Zoning Sp 'alist Subject: City Council Consideration Item Planning Commission Application No. 2006-010 Date: August 21, 2006 On the August 28, 2006 City Council Agenda is Planning Commission Application No. 2006- O10 submitted by The Luther Company Limited Partnership a request for Preliminary Plat approval to divide and combine to reconfigure three existing lots addressed as 6700 Brooklyn Boulevard and 6800 Brooklyn Boulevard and 4101 69�' Avenue North. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2006-010 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. This matter was considered by the Planning Commission at their August 17, 2006 meeting and was recommended for approvaL It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recornmended by the Planning Commission. I_ Application Filed on 7-26-06 City Council Action Should Be Taken By 9-24-06 (60 Days) Planning Commission Information Sheet Application No. 2006-010 Applicant: The Luther Company Limited Partnership Location: 6700 6800 Brooklyn Boulevard and 4101 69th Avenue north Request: Preliminary Plat Approval The applicant, The Luther Company Limited Partnership, is requesting preliminary plat approval to divide and combine in order to reconfigure three existing lots currently addressed as 6700 Brooklyn Boulevard (Lot 2, Block 1, Bri Mar Addition}, 6800 Brooklyn Boulevard (Lot l, Block 1, Bri Mar Addition) and 4101 69 Avenue North (Metes and Bounds Description) for the purpose of a two phase redevelopment and expansion of the existing car dealerships located in this area. The properties under consideration are currently zoned C-2 (Commerce) and R-3 (Multiple Family Residence) and are located along the easterly side of Brooklyn Boulevard between I-94 and 69` Avenue North. They are bounded on the north by 69 Avenue North; on the east by R-3 (Multiple Family Residence) zoned property containing non-conforming single family homes and a townhouse complex along with R-1 zoned property abutting Grimes Avenue North; on the south by I-94 right of way; and on the west by Brooklyn Boulevard with C-2 zoned property on the opposite side of the street. A similar Preliminary Plat application and a Planned Unit Development were submitted last year by the Luther Company Limited Partnership and approved by the City Council on November 14, 2005 (see Planning Commission Application Nos. 2005-015 and 2005-016). Luther, however, has recently acquired the property at 4101 69` Avenue North, which is zoned R-3 (Multiple Family Residence) and contains a single family home and desires to include it in their redevelopment plans. A revised PUD rezoning to PUD/C-2 (Planned Unit Development/Commerce) and development plan approval is the subject of a companion application also submitted by the Luther Company Limited Partnership, Planning Commission Application No. 2006-009. That application comprehends a two phase redevelopment of the properties included in this plat along with the property at 4215 69 Avenue North (Lot 1, Block 1, Chrysler Realty Addition) which is also owned by Luther containing a building often referred to as the "old Taystee building" and a car storage facility. The two phase redevelopment includes expansion of the Brookdale Dodge operation, demolition of the old Taystee building and an interim use of the former Ryan Olds property (Phase One) and a future new automobile dealership on the cleared site at 6700 Brooklyn Bouelvard (Phase Two). The new proposed Preliminary Plat alters the existing property line located between the Dodge and former Ryan sites and calls for the inclusion of the property at 4101 69 Avenue North to create a larger podge property. Approximately 78 ft. of Brooklyn Boulevard frontage and 16,041 sq. ft. (.37 acres) from the old Ryan property would be added to the Dodge property along with approximately 38,800 sq. ft. from the former single family home. Plans are also to incorporate 8-17-06 Page 1 the property at 4215 69 Avenue North, which is owned by The Luther Company and currently used as a car storage facility to create the Dodge dealership property. Generally, city ordinances require separate properties that are contiguous and under common ownership and use to be combined into a single parcel through platting or registered land survey. This would be the appropriate time to accomplish such a combination but the applicant is requesting they not be required to do so because of potential environmental issues relating to the former Pilgrim Cleaner's site and potential ground water and soils impact on the property in question. Appropriate cross access and parking agreements will have to be provided in order to wave this requirement and this will also be part of the Planned Unit Development consideration under Planning Commission Application No. 2006-009. The proposed new plat is to be known as Bri Mar 2 Addition and will contain two new lots. Lot 1(the Brookdale Dodge site-6800 Brooklyn Bouelvard) is proposed to be 334,469 sq. ft. (7.68 acres) and Lot 2(the new redevelopment site-6700 Brooklyn Boulevard) is proposed to be 288,966 sq. ft. (6.63 acres). The lot at 4215 69` Avenue North (Lot 1, Block 1, Chrysler Realty Addition) is 54,860 sq. ft. 1.26 acres) and when incorporate into the Dodge site will make an approximate 8.94 acre site for this use. All of the lots exceed the minimum requirements for lots in the C-2 (Commerce) underlying zoning district. Access to the sites will remain the same, two on 69 Avenue North and two on Brooklyn Boulevard. The former single family residential site at 4101 69� Avenue, which is being incorporated into the Dodge site, currently has a driveway access to 69` Avenue North. This access should be removed and the curb and sidewalk restored. This will be the applicant's responsibility and will be part of the plan considered under the Planned Unit Development in the companion application. The Director of Public Works/City Engineer is reviewing the preliminary plat and will be making written comments which will be attached for the Commission's review. Copies of the preliminary plat have been forwarded to Hennepin County for review because Brooklyn Boulevard is a county road. This plat is more than five acres in area and is subject to Shingle Creek Watershed Management Commission review. No on site water detention is planned for this development as storm water will be sent to a regional facility located in the Palmer Lake basin area, which has been designed to accommodate such a discharge. Because the property line separating the new Lot 1 and Lot 2 has shifted to the south, the access agreement between the Dodge site and the former Ryan site will have to be modified to allow cross access from the proposed Lot 2 over Lot 1 to access the signal and median break at 68` Avenue North. An appropriate agreement should be executed and filed with the titles to the properties at the time of final plan filing. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. 8-17-06 Page 2 I RECONIMENDATION This preliminary plat is dependent upon the approval of the Planned Unit Development under Planning Commission Application No. 2006-009. A11 in all, we believe this preliminary plat is in order and approval is recommended subject to at least 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 preliminary plat is contingent upon approval of Planning Commission Application No. 2006-009. 4. Appropriate cross access and cross parking agreements between Lot l, Block 1, Chrysler Realty Addition and the proposed Lot 1, Block 1, Bri Mar 2 Addition, as approved by the City Attorney, shall be developed and filed with the titles to the property. 5. The applicant shall provide the City with an executed copy of a shared access easement between the proposed Lots 1 and 2, and Bri Mar 2" Addition prior to final plat approval to be filed with the titles to the properties. 6. The applicant shall execute all easements required by the City Engineer for drainage and utility purposes prior to final plat approval. 7. The applicant shall provide written certification from a licensed land surveyor that the existing sidewalk along Brooklyn Boulevard does not encroach into the boundaries of the proposed Lots 1 and 2, or provide the appropriate sidewalk easement dedication along with the final plat. 8. 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E� 7��NDFORM a w•r iwcs r n�i. ocumcs ro�nm �/z �N V niHxc�.oiis.v�mcHix i i 1 i 1�1�I`( �F.��Q(�KLYV�►��1T�.I�F 2 sHeErs MINUTES OF THE PROCEEDINGS OF THE PLANNING CONIMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 17, 2006 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:03 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Rachel Lund, Michael Parks, Sean Rahn, and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Gary Ford was absent and excused. APPROVAL OF MINUTES JL1NE 29, 2006, There was a motion by Commissioner Roche, seconded by Commissioner Parks, to approve the minutes of the June 29, 2006 meeting as submitted. The motion passed. Commissioner Boeck abstained since he was not present at the meeting. CHAIR' S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2006-010 THE LUTHER COMPANY LIMITED PARTNERSHIP Chair Willson introduced Application No. 2006-010, a request from The Luther Company Limited Partnership for preliminary plat approval to divide and combine to reconfigure three existing lots addressed as 6700 Brooklyn Boulevard, 6800 Brooklyn Boulevard and 4101 69�' Avenue North. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8-17-06 and the Director of Public Works' memo dated 8-14-06 for Application No. 2006-010, attached.) Mr. Warren explained that the a plicant is also seeking rezoning and development plan approval through the Planned Unit P Development (PUD) process under Planning Commission Application No. 2006-009 for a two phase redevelopment and expansion of the Brookdale Dodge automobile dealership and the former Ryan Olds property. APPLICATION NO. 2006-009 THE LUTHER COMPANY LIMITED PARTNERH5IP. Chair Willson introduced Application No. 2006-009, a request from The Luther Company Limited Partnership for rezoning from C-2 (Commerce) and R-3 (Multiple Family Residence) to PUD/G2 (Planned Unit Development/Commerce) of four contiguous lots located easterly of &-17-06 Page 1 Brookl n Boulevard between I-94 and 69`� Avenue North and development plan approval Y through the PUD process for a two phase redevelopment and expansion of the Brookdale Dodge automobile dealersliip and the former Ryan Olds property. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8-17-06 and the Director of Public Works' memo dated 8-14-06 for Application No. 2006-010, attached.) Mr. Warren pointed out that a similar Planned Unit Development rezoning and development plan approval application was submitted last yeax by the Luther Company Limited Partnership and was approved by the City Council on November 14, 2005 under City Council Resolution No. 2005-156. (See Planning Commission Application Nos. 2005-015 and 2005-016.) With the revision of their plans, the Luther Company has recently acquired the property at 4101 69 Avenue North and wishes to include it in their redevelopment plans. PUBLIC HEARING APPLICATION NO. 2006-009 and 2006-010 Following discussion and questions about the applications, there was a motion by Commissioner Rahn, seconded by Commissioner Lund, to open the public hearing on Application No. 2006-009 and 2006-010, at 8:40 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Denton Dawson, 9332 Valley Forge Lane, Maple Grove, said his faxnily has owned 4011 69 Avenue North east of the subject property for over 40 years. He stated that there is a 4 ft. elevation difference between his property and the Luther site and it should be addressed possibly with a retaining wall. He added that he feels that most of the trees on the site that will be saved are worthless as the property has a jungle effect with overgrown trees. He also pointed out his frustration that the homes along 69 Avenue North are labeled or characterized as non- conforming. Chair Willson pointed out that the single family homes on 69�' Avenue North are all located in an R-3 (Multiple Family Residence) zoning district. They are, under the Zoning Ordinance, classified as"non-conforming uses". He stated they axe what they are and can continue to be legally used as single family homes but are, nevertheless, non-conforming under the Ordinance. The long term use of this property is intended for something other than single family homes. This classification is not intended to degrade the use of the property. Commissioner Boeck responded that work will be done along the shared property lines that should address the elevation difference between the two properties. Mr. Steven Myslajek, Baker Associates, 150 South Street, Minneapolis, Minnesota reviewed the plans for the building and the site and asked for questions from the Commissioners. Chair Willson pointed out the use of a rather loud speaker system that is used by auto dealerships outdoors. He asked if there were any plans to eliminate the use of such a speaker system given cell phones and today's communications technology. 8-17-06 Page 2 I Kathy Dixon, The Luther Companies, 701 Xenia Avenue South, Golden Valley, Minnesota responded to the question regarding the speaker system. She stated that Linda McGinty would be the best person to respond and she would pass that concern on to her. The suggestion was made by the Commission for the dealership to consider discontinuing the use of the speaker system and possibly to at least redirect the sound. Matt Swenson, Landform Engineering, 100 North 6` Street, Minneapolis, Minnesota introduced himself and clarified the grading and elevation on the property as it abuts the residential property. He stated that the fencing buffer being proposed was thought to be a better look than other plantings and their plan allows for most of the existing trees to remain. Commissioner Roche stated his concerns with plantings along 69 to continue the existing look with evergreens, etc. along with the fence in this area. Chair Willson pointed out that the Commission could merely suggest what type of plantings be used but not require a certain kind. Mr. Warren stated that what is important is that what is planted should be viable and well maintained. He noted underground irrigation is required in all the landscaped areas including that being established along the east property line. No other persons from the public appeared before the Commission during the public hearing on Application No. 2006-009 and 2006-010. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to close the public hearing on Application Nos. 2006-009 and 2006-010, at 9:03 p.m. The motion passed unanimously. 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 APPLICATION NO. 2006-010-THE LUTHER COMPANY LIMITED PARTNERSHIP, There was a motion by Commissioner Boeck, seconded by Commissioner Lund, to recommend to the City Council that it approve Application No. 2006-010, submitted by The Luther Company Limited Partnership for Preliminary Plat approval to divide and combine to reconfigure three existing lots addressed as 6700 Brooklyn Boulevard, 6800 Brooklyn Boulevard and 4101 69 Avenue North subject to the following conditions: 1. The final plan 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. 8-17-06 Page 3 3. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2006-009 4. Appropriate crQss access and cross parking agreements between Lot l, Block 1, Chrysler Realty Addition and the proposed Lot l, Block 1, Bri Mar 2 Addition, as approved by the City Attorney, shall be developed and filed with the titles to the property. 5. The applicant shall provide the City with an executed copy of a shared access easement between the proposed Lots 1 and 2, Bri Mar 2" Addition prior to final plat approval. 6. The applicant shall execute all easements required by the City Engineer for drainage and utility purposes prior to final plat approvaL The applicant shall provide written certification from a licensed land surveyor that the existing sidewalk along Brooklyn Boulevard does not encroach into the boundaries of the proposed Lots 1 and 2, or provide the appropriate sidewalk easement dedication along with the final plat. 8. Building permits for construction of any of the building additions comprehended under Planning Commission Application No. 2006-009 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. Voting in favor: Chair Willson, Commissioners Boeck, Lund, Parks, Rahn, and Roche. The motion passed unanimously. The Council will consider the application at its August 28, 2006 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 RESOLUTION NO. 2006-02 There was a motion by Commissioner Roche, seconded by Commissioner Parks, to approve Planning Commission Resolution No. 2006-02 regarding the recommended disposition of Planning Commission Application No. 2006-009 submitted by The Luther Company Limited Partnership. The motion passed unanimously. Voting in favor: Chair Willson, Commissioners Boeck, Lund, Parks, Rahn, and Roche. And the following voted against the same: None Whereupon said resolution as declaxed duly passed and adopted. Resolution 2006-02 is made part of these minutes by attachment. 8-17-06 Page 4 The Council will consider this application at its August 28, 2006 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that they be returned to the Commission for reconsideration. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Lund, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:09 p.m. Chair Recorded and transcribed by: Rebecca Crass 8-17-06 Page 5 Public CopY ;I AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION August 28, 2006 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 ofthe Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS i 1. Make a Difference Day Mayor Kragness 2. September as Save a Life Month —Mayor Kragness 3. Cracker Barrel Property Disposition 4. Massage Parlor Ordinance City Manager Pending List for Future Work Sessions Septernber Hotel Development Charter Commission Proposed Amendments Discussion of Fire Pension Proposal Recommendation Regarding Investment Policy Modifications per Audit (tentative request) City Manager Establish Agenda for November 11, 2006, Goal Setting Session i Active Dlscusslon Item i KE A DIFFER�NCE DAY a s W Z r V a f .z M1 v a DOING GOOD ��w��ro� �y�.�y.i. POINTS OF LIGHT AWARDS DONOR July 20 ZOOC) PAULNEWMAN Fountler and Presitlent Newman's Own, Inc. May�l Myrna 1�1 ADVISORY BOARD City of Brooklyn Center MARCIA BULLARD 6301 Shingle Creek Parkway President CEO USA WEEKEND Magazine Brooklyn Center, MN 55430- STAN CURTIS Founder USA Harvest Dear Mayor Kragness: DON FLOYD Presitlent The Points of Light Foundation Volunteer Center National Network and USA WEEKEND National 4H Council ROBERT H. GOODWIN Magazine invite you to participate in the 16`�' annual Make A Difference Day. We hope you will Presitlent antl CEO officially support this effort in your state by issuing a proclamation for Make A Difference �Day. Points of Light Foundation CHARLES GOULD National President Scheduled for Saturday, October 28, 2006, Make A Difference Day is an annual call to action, Volunteers of America challenging Americans to spend one Saturday "making a difference" in their communities. Last year IENNIFERHOWSE on Make A Difference Day, 3 million volunteers participated in nearly 5,200 projects. President March of Dimes Fountlation �.oM„�oo Among the many projects planned nationwide for 2006, actor Matthew McConaughey and painter Entertainer Thomas Kinkade are expected to join volunteers in Washington, DC, to build a Katrina Cottage. IRV KATZ �tended as �a residence for a family displaced to DC by the Gulf storms of 2005, this type of dwelling President and CEO The National Assemb serve as a model both for emergency, as well as for attractive, affordable housing. MARTINA MCBRID� Country Music Arti ,AM� R. M�E��E� In addition, as volunteers, throughout your state organize various volunteer activities, we also hope �omma�de�-��-�h�� you might participate m° one of the day's events. We would be eager to share your Make A Difference Veterans of Foreign �a�s Day projeck plans with �USA WEEKEND's 49 million readers. Ten of the day's most compelling of the United States WILLIAM D. NOYELU deeds--are selected� for�the National Make A Difference Day Awards. The winners are profiled in the 6cecutive Director and CEO ma and actor Paul Newman donates $100,000 to 10 charities of their choosing. AARP b COLLIN RAYE Country Music Artist If you'd like to participate in a project or plan one with your family, staff or state, we can help. You JONATHAN RECNFORD can visit our Web site at makeadifferenceday.com, call the Hot Line at 1-800-416-3824 or send an e- CEO Habitat for Humanity International mail to diffdav @usaweekend.com. CRISTINASARALEGUI Ta'k S"°"' "°5` Enclosed you will find a copy of Make A Difference Day brochure. Should you need additional BILLSHORE copies, please contact us. Founder Share Our Strength ERNIE5HRINER Thank you for your leadershi�. Intemational President General Fetleration of Women's Clubs Sincerely, KYLE ZIMMER President First Book Marcia Bullard Robert K. Goodwin President, CEO Editor President CEO USA WEEKEND Magazine Points of Light Foundation USA WEEKEND 7950 Jones Branch Dr. McLean, VA 22107 (703) 854�445 FAX (703) 854-2122 POINTS OF LIGHT FOUNDATION 1400 Eye S[reet, N.W. Suite 800 Washington, D.C. 20005 (202) 729-8000 FAX (202) 729-8100 wnvwr. makead Iffe re n ceday.com I m 2. Active Dlscusslon .�te t t �'Vatt'ana� I��quat�rs w r,�� r�:1�1..�� yyyt� 1�4'. l.a«ereaice A�e Ste �t>ij Sl�iil�r �a:rk, Il]in+�ifi f�tr� fb-i'�l�i �a�e� Iafe �ound��rrn Ph {s:�7��zs-c�iS� F'�x: (8��)�?8-gE�B� Carrrl J, S�u.rarri 1�t�e.E�sit�: t+•�+�.s�l(',ur�, ��»�er; P�ieler�t 8/1 /2006 Myrna Kragness, Mayor City of Brooklyn Center 3401 63rd Avenue North Brooklyn Center, MN 55430 Dear Mayor Kragness: Re: SALF Month September 2006 The Save A Life Foundation (SALF), a proud member of the U.S. Department of Homeland Security's National Preparedness Month Coalition and also of Citizen Corps, asks you to proclaim the month of September 2006 as "Save A Life Month" for your community. We, as mayors, along with SALF founder and president Carol Spiuirri, are asking for your help in declaring September 2006 as Save a Life Month. SALF works with state governments, municipaf leaders and emergency medical service (EMS) providers in preparing citizens for emergencies. The goal is to train the masses, starting with our nation's youth (grades K-12) to respond effectively and safely during medical emergencies, before paramedics arrive. Recently, the United States Conference of Mayors passed the Community Response System Initiative (CRSI) resolution, and your proclamation of Save A Life Month 2006 will provide additional support of the mission to empower the public with the ability to be active bystanders equipped with basic fife-supporting first aid skills. With your proclamation, we ask that you distribute SALF information, support its mission, activities, events, and welcome their basic life-supporting first aid training programs into your community. It would be appreciated, if you would please forward your proclamation to SALF's National Headquarters so your support can be included on the SALF website at www.salf.org. A sample format fos the "Save A Life Month" 2006 Proclamation is enclosed. Thank you in advance for your support in considering this proclamation as part of your community's emergency preparedness efforts. ��.��'`�`'r� C.�ra) S�izzi��i R9av�r Ri�� tullins t��tal��or `�S�ne�e�l s+�� l7ia� �'i�e,��lrrtit Fa4rtic�i�r 1�:�1 �tl i n�, C V. t��iart5 i, Pl. y«� �1 ,�.,%�2�-�-- t� At�vc�r'��ike t�:iFC�e, ��vr�r `��1�Zrty 6hin� It��i�r �1i��t��tl� k��Grtz �)�a�°l�crr��, h�� Sa�sta l�art��ra, C.A f��n n�t=ilk�, Xfi1� a�� d .�...�,�r ,ev�.,., 1�,.,�, S I�,,, �a j WHEREAS, Save A Life Foundation's mission is training and developing people, starting I with schoolchildren, to be active bystanders equipped with basic Life Supporting First Aid skills to aid during emergencies; and WHEREAS, Save A Life Foundation, utilizes only Emergency Medical Service Professionals as Instructors to teach basic Life Supporting First Aid techniques to schoolchildren, grades K- l2 and adults; and WHEREAS, basic Life Supporting First Aid Techniques, such as CPR, Heimlich maneuver, and the use of an AED are essential in maintaining life prior to EMS arrival; and WHERFAS, the LJ.S. Conference of Mayors passed a resolution nresented by Save A Life Foundation calling for the need for communities to create Community Response System Initiative (CRSn committees to encourage citizens including children (grades K-12) to learn Life Supporting First Aid skills in case of emergency; and WHEREAS, Save A Life Foundation works with local, state and federal government organizations and the private sector to highlight the importance of public emergency preparedness and effective emergency response; and WHEREAS, Save A Life Foundation, an affiliate of the U.S. Department of Homeland e Security, encourages all municipalities to recognize Save A Life Month in conjunction with Homeland Security's National Preparedness Month, a nationwide effort to encourage Americans to prepare for emergencies; and WHEREAS, Save A Life Foundation will coordinate this year an awareness campaign including billboard advertisements for Save A Life Month to promote Life Supporting First Aid training in major cities; and WHEREAS, the month of September 2006 has been designated as National Save A Life Month; and NOW, THEREFORE, BE TT RESOLVED, that all municipalities, mayors and governors work witn their iocal, state and iederal government organizations and ihe private sector io proclaim, to participate in, and to celebrate the month of September as National Save A Life Month. Therefore, I, Name of O�cial Signer Position of Off ce of Signer Proclaim the month of September 2006 as SAVE A LIFE MONTH for (Please fill in appropriate city, town, district or state) t r m3 Active Discusslon Ite t a Materla�s for thls item wl�_ be di stribute d on Monda y K �..At rn4 Active Dlscusslon Ite To: Mayor and City Cauncil From; Curt Boganey, Interi anager Date: August 25, 2006 Subject: Massage Therapy Ordinance Amendments The City Council met on July 24�' to discuss a request from Ms. Jill Dalton that the City amend its' Massage Parlor Ordinance so that it would be easier for an applicant to qualify for a license to provide massage therapy in a health club environment. Following this discussion the Council directed staff to gather information from surrounding cities regarding the way they handle licensing massage therapists. The City Clerk contacted several Cities and received responses from the following cities; Plymouth, Champlin, Minnetonka, Richfield, and Maple Grove. Each ordinance has its' unique provisions but several share common language and provisions. I would suggest that as you reviewed these ordinances, please identify the provisions or approaches that you find most appealing, as possible alternatives for the City to consider. At the meeting we will determine if there is a consensus regarding potential ordinance changes. If there is a consensus for any amendments, we-will draft language for your consideration. a r DISCUSSION OF MASSAGE PARLOR ORDINANCE CITY MANAGER Mr. Boganey stated he spoke to Ms. Dalton and explained that the current ordmance provides an exception for health clubs; therefore she is qualified to have a Massage Therapist operating out of her establishment except that her facility does not meet several criteria in the City Ordinance. Following City Council discussion on the matter, the City Council requested that staff gather information from surrounding cities on their handlings of the matter. t t MEMO TO: Brooklyn Center Council members; Mayor Myrna Kragness; City Manager, Curt Boga.ney FROM: Till Dalton 9� Owner, Curves of Brooklyn Center DATE_ July 17, 2006 RE: Ordinance governing massa.ge centers in Brooklyn Center, Chapter 23, Sections 17-00-1720 A careful reading of the ordinance in question resulted in the following.disclosure, page 23-58: No business license shall be required for qualified barber shops, hair or beauty salons or for bona fide health clubs: provided, however that a11 other requirements of Section 23-1700 through 23-1720 must be met, and all massews and masseuses must have certificates. Curves of Brooklyn Center fits the description of a bona fide health club, and for the most part, fulfills the requirements. There aze, however, a few small points that would be difficult for my club to conform to. The purpose of this memo is to list these points and inquire whether exceptions would be possible so that I ca.n proceed with my plans have massage available in my club. The exceptions are as follows: Section 23-1712 Item 1- We do not have a separate locker room, nor do we have room for one. We do have 2 bathrooms, one of which is adjacent to the massage room. Only one meirmber receives a massa.ge at a time, and there is ample time between massa.ges for her to undress in privacy in the massage room before the masseuse comes back in. Item S- We do have a janitorial closet, but it does not have a mop sink Item 7- We do not have individual lockers with keys. Typically the member stores her clothing and personal belongings in the massage room, within plain sight. Item 9- At the present time the door to the massage room has a lock on it. If this is deemed an important issue, I can have the door ha.ndle changed to a non locking one. The room is also used on occasion as a dressing room, hence the lock. Note: In the unlikely event a man wants to have a massage in our club, we would schedule him for our quie�t or off hours. Please let me know at your earliest convenience how nelct to proceed. Thank you for your consideration. 1 f My name is Jill Da{ton- I am a resident of Bro�ktyn Center ar�d the newr owner of the i ra and down the street Curves �n Broekiyn Genter- nght across the street from our f b ry from Gity Hall.. I am sure most of you have a least heard of Curves for Women. Vt/e are a fitness center, and as the owner, l am deeply commifted to fhe health and well being of women in Brooklyn Center, most particularly to our 38Q+ members. We have an affiliation with the �Ifinnesota Schooi of Business. At the end of t�vo years of therapeutic massage training, their students have the option of coming to our ctub to do their intemship. This has been a�ronderful opportunity for our merr�bers, and has c�nvinced us that therapec�tic massage has exte�si�e benefts. !'ve given you a list of benefits of massage. In summary, massage therapy can irr�prove heaith by acting directly on the muscular, nervous, circulatory and imm�ne systems. Massage treatments aim to devetop, maintain or rehabilitate physical function; relieve or prevent physical dysfunction and pain; relax tight and tense enusctes. Nlassage therapy also improves circulation and immune system funct6on; reduces overail stress; and creates a sense of rela�cation and well being. We recently had an intern at the cfub that is quite uniquety suited to our club. She's a very talented rnasseuse and extraordinary caregiver, very know6edgeable about her work and the human body, dedicated to the well being of the members she worked with, and possesses a personality that fts in perfectly with aur merr�bers. We became very excited ahout the possibiiity of having her set up shop in our club. However, v�hen I went to City liall to inquire about fhe ordinances, I found out the fees rnake therapeutic massage in Brookfyn Cen�er essentiaEly prohibitive, uniess you are affiiiated with a medical center. While 1 understand why this sort of action was important back in the 60's and 70's when "massage parlors" were a problem, therapeutic massage has changed dramatically since that time, and has become a very accepted and respected profession and sought after therapy. That Brooktyn Genter prohibi�Es this is very surprising. I checked with some of fhe other surrouncling towns, and coufd not find any similar ordinances. Masseuses in Brooktyn Park, for ezampte, are licensed through the state- there are no cety fees or restrict�ons at a{L I respectFully ask as a Brooktyn Center resident and business owner, that you coresider changing the ordinance and fees governing therapeutic massage in Brooklyn Center. I am urging my rnembers to contact you as well wifh their own personal stories. Please do not hesitate to e-mail or call me if you have questions or concerns. Thank you for your time and consideration. Jill Dalton, owner Curves for Women 6048 Shingle Creek Parkway Brookfyn Center, MN 55430 (763) 503-3889 t Section 23-1613. SEPAR.ABILITY. Every section, provision or a part of this ordinance is declared sepazable from every o�her section, prc�vision or part to the extent that if an.y section, provision or a part of the ordinance shall be held invalid, such holdings shall not invalidate any other section, provision or part thereof. Section 23-1614. PENALTIES. Whoever does any act forbidden by this ordinance or omits or fails to do any act required by this ordinance shall be guilty of a misdemeanor and upon conviction thereof by lawful authority, be punished by a fine not to exceed $1,000 or imprisonment not to exceed 90 days or both, together with the costs of prosecution. Each day that a violation exists constitutes a separate and distinct offense. Section 23-1615. LIABILITY FOR THE CRIMES OF ANOTI�R Every. person who commits or attempts to commit, conspires to cominit or a.ids and abets in the commission of any act constituting a violation of this ordina.nce or any act, which constitutes an omission and, therefore, a violation of this ordinance, whether individually or in connection with one or more persons or as prin.cipal, agent, or accessory, shall be guilty of such offense and every person who falsely, fraudulently, forcibly or willfully, induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this chapter is likewise guilty of such offense. MASSAGE PARLORS Section 23-1700. STATEMENT OF POLICY. The City Council of the City of Brooklyn Center considers it necessazy to provide for the special and express regulation of businesses or commercial enterprises which offer massages to the general public in order to protect the public health, safety and welfare and to guard against the inception and transmission of disease. The City Council further finds that commercial enterprises offering massages are susceptible of operation in a manner contravening, subverting and endangering the morals of the community, thus, requiring close inspection, licensing and regulation. The City Council also finds that control and regulation of commercial esta.blishments of these types, in view of the abuses often perpetrated, require intensive efforts by the Police Department, Public Health Sanitarian and other departments of the City and as a consequence, the concentrated use of City services in such control detracts from and reduces the level of service available to the rest of the community, and thereby diminishes the ability of the City to promote the general health, welfare, morals and safety of the community. In consideration for the necessity on the part of the City to provide numerous services to all segments of the cornmun.ity, without a concentration of public services in one area working to the detri.ment of the members of the general public, if is hereby decided that the number of massage parlor licenses issued pursuan.t to tl�is ordinance or the number of sauna licenses issued pursuant to Chapter 23-1600, which niay be in force at any one time, either licensing massage parlors, sauna parlors, or any combination thereof, shall be no more than a total of three such licenses. City of Brooklyn Center 23-56 City Ordinance Section 23-1701. DEFINITIONS. ta in or rolli.n of the bod strokin kneadin Y 1. The term massage means the rubbing, g, g, pp S g of another with the han.ds for the exclusive purpose of physical fitness, relaxation, beautification and for no other purpose. 2. The term "masseur" means a male person who practices or administers massage. e term masseuse means a female erson who practices or admin.isters massage. 3. Th P 4. The term "certificate" as used herein means a certificate issued by the City authorizing the holder thereof to prac�ice or administer massage in the City of Brooklyn. Center. 5. The term "bona fide health club" means those parts of a facility that are designed and used primarily for health and fitness activities and that have a capital investment of at least $250,000 in building a.nd fixtures and at least $20,000 in exercise equipment. 6. The term "qualified" when used to refer to a barber shop, ha.ir or beauty salon, or licensed cosmetology salon, means that such primary use has at least two full ti.me employees engaged in the primazy business use, is in a zoning district where such use is a permitted use, has no more than 15% of the floor area of the premises devoted to a massage use, has been in business in the city for at least three yeazs, and has a capital investment in fumiture, fixtures and equipment of at least $30,000. 7. The term "recognized school" means a school or educational institution that: a) is in good standing with the Minnesota Therapeutic Massage Network or the Amencan Massage Tlierapy Associa�ion; b) is either registered or licensed with the Minnesota Higher Education Office or accredited by a federally recognized accrediting agency; c) has for its purpose the teaching of the theory, method, profession or work of massage; and d} requires a resident course of study before the student is given a diploma or certificate of graduation following the successful completion of the course of study or learning. Section 23-1702. MASSAGE DISTINGUISHED. The practice ofmassage is hereby declazed to be distinct from the practice of inedicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry and persons duly licensed in this Sta�e to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, nurses who work solely under the direc�ion of atiy such persons, athletic directors and trai.ners are hereby expressly excluded from the provisions of this section. Beauty culturists and barbers who do not give, or hold themselves out to give, massage treatments, as defined herein, otherthan is customarily given in such shops or places of business, for the purpose of beautification only shall be exempt from the provisions of this section. 23-57 City Ordinance City of Brooklyn Center F Section 23-1703. LICENSE AND CERTIFICATE REQLTIRED. No person shall engage in the business of operating a massage parlar or massage establishment either exclusively or in connection with ariy other business enterprise without being first duly licensed as provided herein. No person shall engage in or hold himself or herself out as being engaged in the practice of massage nor shall any person administer or pra.ctice massage commercially or for hire, or for the exchange of any valuable consideration within the City of Brooklyn Center without first havi.ng obtained a certificate as herein provided, except a.ny person who is currently registered by the State Boazd of Medical Examiners. No business license shall be required for qualified barber shops, hair or beauty salons or for bona fide health clubs; provided, however that all other requirements of Sections 23- 1700 through 23-1720 must be met, and all masseurs and masseuses must have certificates. No business license shall be required, and the requirements of Section 23-1712 need not be met, for a masseur or masseuse, holding a current and valid certificate, to give ma.ssages �to persons at public places if both the masseur or masseuse and the customer are fully clothed, the place is open to the public and access is not lunited to adults, and the massage is limited to the scalp, neck, shoulders, anns and back. Section 23-1704. CONTENTS OF APPLICATION FOR LICENSE. Application for license shall be made only on the forms provided by the City Manager. Four complete copies of the application shall be furnished to the ofFice of the City Manager containing the address and legal description of the property to be used, the names, addresses and phone numbers of the owner, lessee, if any, and the operator or manager, the name, address and telephone number of two persons, who sha11 be residents of Hennepin County and who may be called upon to attest to the applicant's, mana.ger's or operator's character; whether the applicant, manager or operator has ever been convicted of a cri.me or offense other than a tr�c offense and, if so, complete and accurate information as to the time, place and nature of such crime or offense including the disposition thereof; the names and addresses of all creditors of the applicant, owner, lessee, or manager insofar as and regarding credit which has been extended for the purposes of constructing, equipping, mai.nta.ining, operating or furnishing or acquiring the premises, personal effects, equipment or anything incident to the establishment, maintenance and operation of a massage parlor or massage establishment. If the application is made on behalf of a corporation, joint business venture, partnership or any legally constituted business association, it shall submit along with its application, accurate and complete business records showing the names and addresses of all individuals having an interest in. the business, including creditors furnishing credit for the establishment, acquisition, ma.intenance and fi�rni s�ungs of said business and, in the case of a corporation, the names and addresses of all o�cers, general managers, members of the boazd of dircctors as well as any creditors who have extended credit for the acquisitian, maintenance, operation or furnishing of the establishment including the purchase or acquisition of any items of personal property for use in said operation. All applicants sha11 furriish to the City, along with their applications, complete and accurate documentation establishing the interest of the applicant and any other person, having an interest in the premises upon which the buildi.ng is proposed to be located or in the furnishi.ngs thereof, personal property thereof, or the operation or maintenance thereof. City ofBrooklyn Center 23-58 City Ordinance I Documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage, credit arrangement, loan agreements, security agreements and any other documents establishing the interest of the applicant or any other person in the operation, acquisition or maintena.nce of the enterprise ofFering a massage. The application shall also contain blueprints diagrams, plans, layouts and the like showing the construction, revision, remodeling, alteration or additions of or to the premises and specifically showing the layout, design anc� arrangement of the bathing and restroom facilities and the size and type of equipment and facilities to be used. Section 23-1705. CONTENTS OF TI� APPLICATION FOR CERTIFICATE. Application shall be made only on forms provided by the City Manager. The application shall contain the followi.ng information together with any other i.nformation which the City Manager may require: 1. Evidence of the applicant's education qua.�ifications, includang originals or certified copies of degrees, diplomas or certificates, if any. 2. Evidence of applicant's practical qualifications to practice massage. 3. Evidence that the applicant is of good moral character. 4. The names and addresses of two persons, residents of Hennepin County who may be referred to as the applicant's character. 5. Whether the applicant has ever been convicted of a crime or offense other than a traffic offense, and if so, information as to the ti.me, place and nature of such crime or offense. 6. Evidence in the form of a current certificate from a licensed physician practicing in Minnesota indicating (a} tliat within the past 30 days he has examined the applicant, and (b) tha.t such examination was for the purpose of determin;ng whether applicant had any communicable disease and (c) that as a result of such examination he believes that applicant is not suffering from any communicable disease which would disqualify the applica.nt from engaging in the practice of massage. Section 23-1706. LICENSE FEE, LICENSE INVESTIGATION FEE AND LICENSE YEAR The annual license fee and an investigation fee for the purposes of issuing a license shall be as set forth by City Council resolution. A non-refiuidable investigation fee must be pa.id in full before the application for a new license is accepted. The initial license fee shall be paid in full, with cash, or a certified or cashier's check, before the license is issued. Renewal license fees shall be paid in full at the time of application for renewal. The investigation fee may be paid with a personal check. In the event that the application is denied or in the event that the license, once issued, is revoked, canceled vr suzrendered, no part of the annual license fee or fee for investigation for the issuance of a license shall be returned to the applicant unless by express action of the City Council. A separate license shall be obtained each year for each place of business. The licensee shall d.isplay the license on a prominent place in the licensed prem.ises at all tunes. A license unless revoked, is for the calendar year or part thereof for which it has been issued. 23-59 City Ordinance City of Brooklyn Center The fee for the investigation for issuance of a license must be tendered with each new application for a license and must also be paid at any time when there is a proposed change of ownership or reapplication for a license wherein additional or different parties other than the original licensee and interested parties are proposing to be licensed. A license for the operation of a massage parlor is nontransferable. Section 23-1707. CERTIF'ICATE FEE, CERTIFICATE INVESTIGATION FEE AND CERTIFICATE YEAR. The annual certificate fee and an investigation fee for the purposes of issuing a certificate shall be as set forth by City Council resolution. The certificate fee and fee for the investigation of the certificate shall be paid when the application is filed. In the event that the application is denied or in the event that the certificate, once issued, is revoked, canceled or surrendered, no part of the annual certificate fee or fee for flie investigation for the issuance of a certificate shall be returned to the applicant unless by express action of the City Council. A sepazate certificate sha11 be obtained each year.The certificate holder shall display the certificate on a prominent place in the prem.ises of the certificate holder at all times. A certificate, unless revoked, is for the calendar year or part thereof for which it has been issued. The fee for the investigation for issuance of a certificate must be tendered with each new application for a certificate and must also be paid at ar�y time when there is a proposed change of ownership or reapplication for a certificate wherein additional or different parties other than the original certificate holder aze proposing certification. A certificate permitting the holder thereof to practice massage is nontransferable. Section 23-1708. GRANTING OR DENlAL OF LICENSES AND CERTIFICATES. License applications and certificate applications shall be reviewed by the Police Deparhnent, Planning and Inspection Department, Health Depa.rtment and such other departments as the City Manager shall e review shall include an ins ection of the remises covered by the application to ss Th P deem nece ary P determine whether the premises conforms to all applicable code requirements. Thereafter, licenses and certificates shall be recommended for approval or denial by the City Manager to the City Council, subj ect to the provisions of this ordinance. Any appeals shall be before the City Council. A license permitting the conduct of a massage parlor or massage establishment is nonrenewable and nontransferable and application must be made each yeaz for a license, pennitting and allowi.ng the conduct of such business for the succeeding year. A certificate permitting the holder thereof to practice or administer massage commercially is nonrenewable and nontransferable and application must be made each year for a certificate permitting and allowing the holder �liereof to administer or practice massage for the succeeding yeaz. Section 23-1709. CONDITIONS GOVERNING ISSUANCE OF A LICENSE. 1. No license shall be issued if the applicant or any of its owners, mana.gers, employees, agents or interested parties is a person of bad repute. 2. Licenses shall be issued only if the applicant and all of its owners, managers, agents, employees or interested parties are free of conviction.s for offenses which involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity. Ci o Brookl n Center 23-60 City Ordinance �f y 3. Licenses shall be issued only to applicants who have not, within one year prior to the day of application, have been dexued licensure, have had a license revoked or suspended in or by any community or political subdivision or the Staxe of Minnesota and whose owners, managers, or any interested parties have not been sunilarly denied, revoked, or suspended. 4. Licenses shall be issued only to applicants who have answered fully and truthfully all of the information requested in the application, who have paid the full license fee and fee for investigation and have cooperated fully and truthfully with the City in the review of the application. 5. If the applicant is a natural person, a license shall be granted only if such person is 18 yeazs of age or older. 6. Licenses may only be granted when in complete conformity with the zoning code of the City of Brooklyn Center. No license shall be granted for any premises wluch is within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece or parcel of land as a currency exchange operation, secondha.nd goods dealer, pawn shop, tattoo or body piercing establishment, another massage parlor, sauna, school, day care center, church, hospital, on-sale liquor establishment, halfway house, theater or residence; provided, however, that this limitation shall not apply to bona fide health clubs or qualified barber shops, ha.ir or beauty salons or licensed cosmetology salons. 7. Licenses shall be granted only to establishments which can meet the safety, sanitary and building code requtrements of the Crty. 8. A license shall not be granted if granting the license (a) would be inconsistent with the comprehensive development plans of the Ciiy, or (b) would otherwise have a detrimental effect upon other property or properties in the vicinity. Section 23-1710. CONDITIONS GOVERNING ISSUANCE OF TI-� CERTIFICATE. 1. Certificates shall be issued only to persons of good repute and persons who are in good health a.nd free from any communicable diseases which would disqualify the applicant from engaging in the practice of massage. 2. Certificates shall be issued only to persons free of convictions of offenses which involve moral turpitude or which relate directly to the person's ability, capacity, or fitness to perform the duties and dischazge the responsibility of the occupation. 3. Certificates shall not be issued to persons who, wit�un one year prior to the date of application, have been denied certification or who has had his or her certificate revoked or suspended in or by any political subdivision, municipality or by the State of Minnesota. Ci o Brookl n Center 23-61 City Ordinance tY .f Y 4. Certificates shall be issued only to persons who have fully and truthfully an.swered all of n re uested in the a lication and have paid the full certificatian fee and the informat�o q pp ation fee. certification investig 5. Certificates shall be issued only to persons 18 years of age or older. 6. Certificates shall be issued only to persons having at least 500 hours of training in e from a reco d schooL massa gmze g Section 23-1711. RESTRICTIONS AND REGULATIONS. 1. No licensee shall employ any person as a masseur or masseuse without first insuring that said employee possesses a valid certificate for the administration or pra.ctice of massage. 2. The licensed premises shall not be open or in operation between the hours of 11:00 p.m. and 8:00 a.m. on the succeeding day nor shall any person engaged in the practice of massage be on said premises or perform any massage or administer any such services between the hours of 11:00 p.m. and 8:00 a.m. on the succeeding day. 3. The licensee, masseuse, or masseur and any persons in their employ or agents or officers thereof and any and all persons with an interest in said business shall comply with all applicable ordinances, regulations and laws of the City of Brooklyn Center, the State of Minnesota, and the United Sta.tes government. 4. If the licensee is a partnership or corporation, the applicant shall designate a person to be manager and in responsible charge of the business. Such person shall remai.n responsible for the conduct of the business until another suita.ble person has been designated in writing by the licensee. The licensee shall promptly notify the Police Department in writing of any such change indicating the name, address and telephone number of the new manager and the effective d.ate of such change. S. The licensee shall pernut and allow the inspection of the premises during business hours by any and all appropriate City employees and agents. 6. The licensed premises must be kept and maintained in a sanitary condition defined as 'sm and all e ui ment, o enic microor ani s q p hemg free from the vegetative cells of path g S clothin and the like used in or for the purpose of ables beds towels g al ro ert t person p p y, massage shall also be maintained in a sanitary condirion as defined herein. 7. Any person acting as a masseur or masseuse shall have his or her certificate displayed in a prominent place at his place of employment and upon demand by any police officer or other authorized officer or agent of the City of Brooklyn Center, any person engaged in practicing massage shall identify himself or herself giving his or her true legal name, correct address and phone number. i Brookl n Center 23-62 City Ordinance C ty of y 8. No person under 18 years of age shall be permitted upon or allowed to be employed or to serve in any establishment licensed under the provision of this ordinance. 9. Any person practicirig massage within the City of Brooklyn Center shall initially advise the City of his or her address and telephone number and shall fiu advise the City of any changes in address or telephone number within thirty (30) days of such change. 10. Except as provided in Section 23-1703, any person practicing massage within the City may do so only at premises which are licensed for the conduct of such business as herein provided and further any person practicing massage shall inform the City of any changes in. employment or the location of his employment within the City within seven (7) days after such change. 11. Any masseur or masseuse practicing massage shall have the upper and lower parts of 1us or her body covered and completely clothed by a nontransparent uniform or cloth at all times. 12. Every person to whom a certificate is issued shall appear personally at the Police Department to receive delivery of the certificate and upon such appearance, shall be photographed and fingerprinted for identification purposes. One copy of the photographs sha.11 be permanently affixed to the certificate and a second copy thereof shall be kept in the files of the Police Department 13. Each licensee shall keep on the licensed premises and for each licensed premises an occupancy or guest register which shall contain the true conect name, address and phone number of each patron of the licensed premises. Each licensee, his employees, masseurs, masseuses, or agents of them shall require each patron to identify himself by such sufficient identification showing the true correct name, address and phone number of said patron. Tlie occupancy register or guest register shall be maintained on the licensed premises and open for inspection by officers, employees and agents of the City of Brooklyn Center, the Sta.te of Minnesota or the United States government and must be ma.intained for a period of not less than two years. Section 23-1712. CONSTRUCTION AND MAINTENANCE REQUIKEMENTS. 1. Each licensed premises shall have a separate restroom and separate locker room for members of each sex. 2. All massage rooms, restrooms and bathrooms used in connection therewith shall be constructed of materials which are impervious to moisivre, bacteria, mold or fungus growth and shall be maintained in a sanitary condition defined as bei.ng completely free from the vegeta.tive cells of pathogenic microorganisms. The floor-to-wall and wall joints shall be constructed to provide a sanitary cove with a min;mum radius of one inch. All equipment, personal property, beds, towels, clothing and the like used i.n the massage parlor shall be of a sanitary design and kept in a sanitary candition. Ci Ordinance City of Brooklyn Center 23-63 t3' 3. All restrooms shall be provided with mechanical ventilation with two cfin per square foot of floor azea, a hand washing sink equipped with hot and cold rnnn;ng water under pressure, sanitary towels and a soap dispenser. 4. All rooms in the licensed premises including but not limited to sauna rooms, massage rooms, restrooms, bathrooms, janitor's closet, hallways and reception are shall be illuminated with not less than thirty-foot can.dles of illumination. 5. Each licensed premises shall have a janitor's closet which shall provide far the storage of cleaning supplies. Such closet shall have mechanical ventilation of iwo cfm per square foot of floor area. Such closet shall include a mop si.nk. 6. Floors, walls and equipment in massage rooms, restrooms and bathrooms must be kept in a state of good repair and sanitary at all times. Linen and other materials shall be stored at least twelve inches off the floor. Clean towels, wash cloths and linens must be available for each customer. 7. Individual lockers shall be made available for use by patrons, with each locker having sepazate keys for locking. 8. Such licensed premises shall provide adequate refuse recepta.cles which sha11 be emptied as often as required. 9. The doors to the individual massage rooms shall not be equipped with any locking device nor shall they be blocked or obsiructed from either side of the door. Section 23-1713. HEALTH AND DISEASE CONTROL. No person while afflicted with any disease in a communicable form or while a carrier of such disease or while afflicted with boils, infected wounds, sores or any acute respiratory infection shall work in or use the services of any public massage room and no person known or suspected of being afflicted with any such disease or condition shall be employed or permitted in such area or capacity. Section 23-1714. REVOCATION, SUSPENSION ORNONRENEWAL OF LICENSE. The� license may be revoked, suspended or not renewed by the CiTy Council upon recommendation of the City Manager by showing that the licensee, its owners, managers, employees, agents, or any other interested parties have engaged in any of the following conduct: 1. Fraud, deception or misrepresentation in connection with the securi.ng of the license. 2. Habitual drunkenness or intemperance in the use of drugs including but not limited to the use of drugs defined in Minnesota Statutes, Section 618.01, barbiturates, hallucinogenic drugs, amphetamines, benzedrine, dexedrine or other seda.tives, depressants, stimulants or tranquilizers. 3. Conduct inimical to the interests of the public health, safety, welfare and morals. City ofBrooklyn Center 23-64 City Ordinance 4. Engaging in conduct involving moral turpitude or pernutting ar allowing others within their employ or agency to engage in conduct involving moral turpitude or failing to prevent agents, officers or employees in engaging in conduct involving moral ttupitude. 5. Failure to fully comply with any requirements of the ordinances of the City of Brooklyn Center regarding sanitazy and safety conditions, zoning requirements, building code requirements or ordinances, the violation of which involves moral turpitude, or fa.ilure to comply fully with any requirements of this ordinance. 6. Convic�ion of an offense involving moral turpitude by any court of competent jurisdiction.. 7. Engaging in any conduct which would constitute grounds for refusal to issue a license herein. The licensee may appeal such suspension, revocation or nonrenewal to the City Council. The Council shall consider the appeal at the next regularly scheduled Council meeting on ar after ten days from service of the notice of appeal to the City Manager. At the conclusion of tiie hearing, the Council may order: 1. That the revocation, suspension or nonrenewal be affirmed. 2. That the revocation, suspension or nonrenewal be lifted and tha.t the certificate be returned to the certificate holder. 3. The City Council may base either suspension or issuance of the certificate upon any additional terms, conditions and stipulations wluch they may, in their sole discretion, impose. Section 23-1715. REVOCATION, SUSPENSION OR NONRENEWAL OF CERTIFICATES. Certification may be recommended by the City Manager for revocation or suspension or not renewed by the City Council for any of the following: 1. Fraud, deception or misrepresentation in connection with the securing of certification. 2. Habitual drunkenness or intemperance in the use of drugs includi.ng but not limited to the use of drugs defined in Minnesota Statutes, Section 618.01, barbiturates, hallucinogenic drugs, a.mphetamines, benzedrine, dexedrine or other sedatives, depressants, stimulants; or tranquilizers. 3. Conduct inimical to the interests of the public health, safety, welfare or morals. 4. Engaging in conduct involving moral turpitude. 5. Failure to fully comply with the requirements of this ordinance. City of Brooklyn Center 23-65 City Ordinance 6. Conviction of an offense involving moral turpitude by any court of competent i jurisdiction. The certificate holder may appeal such suspension, revocation or nonrenewal to the City Council. The Council sha11 consider the appeal at the next regularly scheduled Council meeting on or after ten (10) days from service of the notice of appeal to the City Manager. At the conclusion of the hearing the Council may order: 1. That the revocation, suspen.sion or nonrenewal be affirmed. 2. That the revocation, suspension or nonrenewal be lifted and that the certificate be retumed to the certificate holder. 3. The City Council may base either suspension or issuance of the certi.ficate upon any additional texms, conditions and stipulations which tb.ey may, in their sole discretion, impose. Section 23-1716. PROHIBITED ACTS. No employer shall employ a person to practice or administer massage nor permit, suffer or allow a person to practice or administer massage unless that person has been granted a valid certificate pursuant to this ordinance an.d every employer shall require that the certification be prominently and openly d.isplayed on the premises in plain view. Section 23-1718. SEPAR.ABILIT�. Every section, provision or part of this ordinance is declared separable from every other section, provision or part to the extent that if any section, pro�ision or part of the ordinan.ce shall be held invalid, such holdin.g shall not invalida.te any other section,' provision or part thereof. Section 23-1719. PEN.ALTIES. Whoever does any act forbidden bythis ordinance or omits or fails to do any act required by this ordinance shall be guilty of a misdemeanor and upon conviction thereof by lawfi�l authority, be punished by a fine not to exceed $1,000 or imprisozunent not to exceed ninety (90) days or both, together with the costs of prosecut�on. Each day that a violation exists constitutes a separate and distinct offense. Section 23-1720. LIABILITY FOR THE CRIMES OF ANOTHER. Every person who commits or attempts to commit, conspires to commit or aids and abets in the commission of any act constituting a violation of this ordinance or any act, which constitutes an omission and, therefore, a violation of this ordivance, whether individually or in connection with one or more persons or as principal, agent or accessory, shall be guilty of such offense and every person who falsely, fraudulently forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any o� the provisions of this chapter is likewise guilty of such offense. i City of �rooklyn Center 23-66 City Ordinance f f Liceases City of Brooklyn Center r n�:� r December 31 11-102 Liquor On-Sale 3.2 Malt Liquor $5� D�ember 31 11-110 Special 2 A.M. Closing $200 N/A Temvorary $10/day Liquor Investigation $500 if conducted within the State of Minnesota, or the actual cost not to exceed $10,000 if the investigation is required outside the:State�of Minnesota Liquor—Off-Sale 3.2 Malt Lic�uor I$100 December 31 11-102 Massage Establishmept $3,000 December 31 23-1703 Investigation $stablishment $1,500 Masseur or Masseuse $50 Iavestigation —1vlasseur/Masseuse $100 23-1500 Mechanical Svstems $60 Anri130 Motor Vehicle Dealer Apri130 23-1202 Class A $250 Class B $75 Pawnbroker I$3,000 I December 31 I 23-603 Investi�ation $1,500 I 23-301 Pubtic Dance $175 December 31 Rap Pariors, Conversation Parlors, December 31 23-1804 Adult Encounter Groups, Adult Sensitivity Groups, Escort Services, Model Services, Dancing Services, or Hostess Services $1,500 Investigation $1�500 Rental Biennial 12-901 Single Family Dwelling Initial License/New Owner $400 Renewal License (no change in $300 license holder) Two Family Ih�velling Each Rental Unit $200 Multiple Fanuly Dwelling Each Building $200 Each Unit Minimum Base Fee $450 12-913 Multiple Family Dwelling Six Month Provisional License (five or more units) Per Building $112.50 Per Dwelling Unit $7.50 Rental Reinspections $50 Rental Compliance Order $50 23-1602 Saunas or Sauna Baths I$3,000 December 31 Investi�ation $1,500 i Page 4 Fee Schedule Page 1 of ��S Po� S�-�rc� r� I l� �YY1 ��t-�" �L I Camille Worley m: Kurt Hoffman [KHoffman@ci.plymouth.mn.us] t: Monday, July 31, 2006 9:13 AM To: Camille Worley Subject: RE: Massage Therapist 'he City of Plymouth does not require massage therapists to go through the licensing process and registration if they are vorking directly for sports medicine, physical therapy, or chiropractic operations. Curves and LifeTime Fitness would fa] nto this category; however, if the therapists are working as independent contractors with a facility (we have sonie people vorking in Chiropractors' offices, but not directly employed by the chiropractors), they do need to be licensed as herapists by the City. �ope this helps! 'rom: Camille Worley [maiito:cworley@ci.brooklyn-center.mn.us] ient: Monday, )uly 31, 2006 9:05 AM 'o: Kurt Hoffman; bbogen@ci.maple-grove.mn.us; vnorthway@eminnetonka.com; bosborn@cityofrichfield.org; colotti@ci.champlin.mn.us �ubject: Massage Therapist -lello, he City of Brooklyn Center is seeking information from surrounding Cities regarding their Massage Therapist ing process and requirements. Could you please email or fax the information regarding your ordinance ifically related to massage or massage therapy licensing in health clubs (Curves, Lifetime Fitness, etc.). I �ou could email or fax this information by Wednesday, August 2� that would be extremely helpful. �hank you so much for your time. :avu.��l,e wor�e� �epu.t� C�t� G�er�Z '."�t� of grool2l.t�w CCwter �63-56J° -3308 RX: J�63-569-34J )7/31/2006 Plymouth City Code 1135.01 Section 1135 Massaee Theranv 1135.01. Definitions. Subdivision 1. The term "Certificate" for purpose of this Section, means a certificate issued by the City authorizing the holder thereof to practice massage in the City. 1135.03. Exemnt Persons. The practice of massage therapy is hereby declared to be distinct from the practice of inedicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry. Persons duly licensed in this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, nurses or persons performing therapeutic massages who work solely under the direction of such persons, athletic directors and trainers, certified by an accrediting agency and who are employed by an accredited and licensed educational institution shall be exempt from the provisions of this Section. (Ord. 95-21, 04/04/95) 1135.05. Ille�al to Practice Without Certificate. It shall be a misdemeanor for a person to engage in, or hold himself or herself out as being engaged in, the practice of Massage Therapy in this City without first having obtained a Certificate as provided in this Section, unless said person is exempt under Section 1135.03. (Ord. 95-21, 04/04/95) 1135.06. Tvnes of Certificates. The City of Plymouth issues certificates to an individual for massage therapy. The requirements for this certification are specified in Section 1135.07. (Ord. 95-21, 04/04/95) 1135.07. Annlication for Certificate. Subdivision 1. Contents. Application for a Certificate shall be made on forms provided by the City Manager. The application sha11 contain the following information together with any other information which the Manager may require: (a) The name, age, home address of the applicant, and the address of where the applicant will practice massage therapy. (b) Evidence of applicant's practical qualifications to practice massage therapy, including length of experience in massage therapy and past place of employment, dates of employment, and positions held. (c) The names and addresses of two persons, residents of Hennepin Counry, who may be referred to as to the applicant's character. (d) Whether the applicant has ever been convicted of a crime or offense other than a traffic offense and if so, information as to the time, place, and nature of such crime or offense. Plymouth City Code 1135.07, Subd. 1(e) (e) Evidence of the applicant's educational qualifications, including originals or certified copies of degrees, diplomas or curriculum from a bona fide school of massage therapy, for massage therapy certification. The address and phone number of the bona fide school of massage therapy are required. Massa�e Therapv Certificates. Applicants shall be required to provide proof (1) they graduated with a minimum of 500 hours training from a bona fide massage therapy school or (2) show proof that the applicant has successfully passed the National Certification Examination for Therapeutic Massage and Bodywork and can prove by �davit they have practiced massage therapy for the past one year and have not had any criminal convictions as a result of practicing massage therapy. A I temporary one year certificate shall be granted, in order to allow time to i nal re uirements while racticin to tho se ersons who complete educat o q p g, p have a minimum of 250 hours of training from an accredited massage therapy school; have not had any criminal convictions as a result of practicing Massage; and otherwise meet the requirements listed in c and d of this Subdivision. An individual with a Sections (a), (b), temporary one year certificate shall work directly under the supervision of a fully licensed massage therapist. This temporary certificate is not renewable. (Ord. 95-21, 04/04/95; Ord. 97-29, 11/19/97) Within ninety days of the adoption of the ordinance adopting this Subdivision, applicants also may receive a massage therapy certificate by satisfying either of the following requirements: (i) show proof that the applicant has practiced massage therapy far a minimum of one year, and can prove by affidavit they have not had criminal convictions as a result of practicing massage therapy, and otherwise meeting the requirements listed in Sections (a), (b), (c), and (d) of this Subdivision; (ii) show proof that the applicant has successfully passed the National Certification Examination for Therapeutic Massage and Bodywork within the last four years, and otherwise meeting the requirements listed in Sections (a), (b), (c), and {d) of this Subdivision. (Ord. 95-21, 04/04/95) Subd. 2. Review bv Other Denartments. At City Manager's or City Manager's designee's discretion, the application may be referred to the Police Department for review and recommendation on granting or denying the Certificate. (Ord. 95-21, 04/04/95; Ord. 2001-08, 02/27/2001) Subd. 3. Investi�ation Fee. Each application shall be accompanied by payment of a non-refundable investigation fee set forth in Chapter X. (Ord. 95-21, 04/04/95) Plymouth City Code 1135.09 1135.09. Certificate Fee and Certificate Year Renewal. The a.nnual Certificate fee shall be as set forth in Chapter X. A Certificate, unless revoked, is far the calendar year, or part thereof for which it has been issued. A renewal application shall be provided by the City. (Ord. 95-21, 04/04/95) 1135.11. Grantin� or Denial of Certificate. Certificate applications shall be reviewed by the Police Department and such other departments as the City Manager shall deem necessary. Thereafter Certificates shall be issued or denied by the City Manager or City Manger's designee subject to the provisions of this Section. The applicant may appeal a denial by the City Manager or City Manager's designee to the City Council in accordance with Section 1135.17. (Ord. 95-21, 04/04/95; Ord. 2001-08, 02/27/2001) 1135.13. Conditions Governin� Issuance. (a) Certificates may be issued only to persons of good repute. (b) Certificates may be issued only to persons free of convictions of prostitution or offenses which involve moral turpitude or which relate directly to the persons ability, capacity, or fitness to perform the duties and discharge the responsibility of the occupation. (c) Certificates shall not be issued to a person who, within one year prior to the date of application, has been denied certification or who has had a certificate revoked. (d) Certificates may be issued only to persons who have answered fully all of the information requested in the application and have paid the full investigation and certification fees. (Ord. 95-21, 04/04/95) (e) Certificates may be issued only to persons 18 years of age or older. fl Certificates may be issued only to persons with sufficient practical experience or training to perform the duties and discharge the responsibilities of the occupation. (g) Certificates may be issued only to persons who have professional liability insurance, with policy limits as required by the City, for a term no shorter than the Certificate period. (Ord. 95-21, 04/04/95) (Ord. 97-30, 11/19/97) 1135.15. Restrictions and Re�ulations. Subdivision 1. Disvlav of Certificates. Any certified Massage Therapist shall have the Certificate or a true copy thereof displayed in a prominent place at the place massage therapy is practiced. (Ord. 95-21, 04/04/95) 7 Plymouth City Code 1135.15, Subd. 2 Subd. 2. Identification. Upon demand by any police officer, a certified Massage Therapist practicing massage therapy shall give proper identification including true legal name and correct address. (Ord. 95-21, 04/04/95) Subd. 3. Chan�e of Address. A certified Massage Therapist shall inform the City Manager of any change in residence address, or a change in the address of where massage therapy is practiced, 30 days prior to such change. (Ord. 95-21, 04/04/95) I Subd. 4. Hours. No certified Massage Therapist shall perform such service between the hours of 1:00 o'clock a.m. and 6:00 o'clock a.m. on the same day. (Ord. 95- 21, 04/04/95) Subd. 5. Photo�ranhic Identification. Every certified Massage Therapist sha11 appear personally at the Police Department to receive delivery of the Certificate, and upon such appearance shall be photographed for identification purposes. One copy of the photograph shall be permanently affixed to the Certificate and a second copy shall be kept in the files of the Police Department. (Ord. 95-21, 04/04/95) Subd. 6. Location of Practice. Massage may be practiced only by a certified Massage Therapist and only at the following locations: at a Massage Therapy Center licensed pursuant to Section 615 of this code; at the place of residence of the Massage Therapist; or at an office, business, or institution excluding hotels, motels and dwellings. (Ord. 95-21, 04/04/95; Ord. 2006-03, 01/10/2006) Subd. 7. Massa�e Theranv Puroose. Massage therapy may be practiced only for the purposes of physical fitness, relaxation, therapeutic or other purpose set forth in Section 105.091, Subd. 37. The practice of massage therapy for any other purpose is prohibited. (Ord. 95-21, 04/04/95) 1135.17. Revocation and Suspension of Certificate. Subdivision 1. Grounds. A Certificate may be revokea or suspended or not renewed by the City Manager for any of the following: (a) Fraud, deception or misrepresentation in connection with the securing of certification. (b) Habitual drunkenness or intemperance in the use of drugs including but not limited to the use of drugs defined in either 26 USC Sec. 4731 or Minnesota Statutes, Chapter 152, as amended, barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine, or other sedatives, depressants, stimulants or tranquilizers. I Plymouth City Code 1135.17, Subd. 1(c) (c) Conduct inimical to the interests of the public health, safety, welfare or morals. d Engaging in conduct involving or demonstrating moral turpitude, including, but not limited to, prostitution. (Ord. 95-21, 04/04/95) (e) Failure to comply with the requirements of this Section. (Ord. 95-21, 04/04/95) Subd. 2. Appeal. The Certificate holder may appeal a denial, suspension, revocation or non-renewal to the City Council. The City Council sha11 consider the appeal at the next regularly or specially scheduled City Council meeting 10 days after service of the notice of appeal upon the City Clerk by the Certificate holder. Hearing on the appeal shall be open to the public and the Certificate holder shall have the right to appear and be represented by legal counsel and to offer evidence in behalf of certification. At the conclusion of the hearing, or as soon thereafter as practicable, the City Council may order: (a) That the denial, revocation, suspension or non-renewal by the City Manager be affirmed. (Ord. 95-21, 04/04/95) (b) That the denial, revocation, suspension or non-renewal by the City Manager be lifted and that the Certificate be issued or returned to the Certificate holder. (Ord. 95-21, 04/04/95) (c) The City Council may base its order regarding the Certificate upon any additional terms, conditions and stipulations which it may, in its discretion, impose. 1135.19. Certificate Reauired for Emnlovment. No employer shall employ a person to practice Massage Therapy unless that person has been granted a Certificate pursuant to this Section; and every such employer sha11 require that the Certificate be prominently displayed on the business premises. (Ord. 95-21, 04/04/95) 1135.21. Offenses. Any person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of, any act constituting a violation of this Section, whether individually or in connection with one or more other persons or as principal, agent, or accessory, is guilty of a misdemeanor. Every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this Section is guilty of a misdemeanor. Pl uth Ci Code 1135 ymo ty (This page left blank intentionally) R-��p��-� --�rn n Citv of Champlin AN ORDINANCE REGULATING AND LICENSING SAUNAS AND MASSAGE ESTABLISHMENTS 11-1101 STATEMENT OF PURPOSE The purpose of this ordinance is to prohibit massage businesses and services to the public except those licensed as Therapeutic Massage Establishments and Massage Therapists pursuant to this ordinance. The licensing regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health and welfare of the community. The purpose of this ordinance is not intended to impose restrictions or limitations on the freedom of protected speech or expression. 11-1102 DEFINITIONS As used in this ordinance, the following words and terms shall ha�e the meanings stated. 1. MASSAGE THERAPIST: A person who practices or performs Therapeutic Massage on a person for compensation and meets the licensing requirements set forth. 2. SAIJNA: The terms "sauna", "steam bath", or "heat-bathing room" mean a room used for the purpose of bathing, reducing, or rel�ing, utilizing steam or hot air as a cleaning, reducing, or rela�cing agent. For purposes of this ordinance, the term "sauna" does not apply to a sauna or steam room located within a hotel, motel, health club, or athletic facility. 3. THERAPEUTIC MASSAGE: The practice of rubbing, stroking, kneading, tamping, or rolling of the body with the hands or any instrument, for the exclusive purpose of tension, stress, and pain relief, rel�ation, increased range of on, muscle tone improvement, physical fitness, or beautification and for no other purpose, by a person not licensed medical doctor, chiropractor, osteopath, podiatrist, nurse, or physical therapist, or an assistant who works solely under the direction of any of the above-described professionals, or beautician and barbex who confine their treatments to the scalp, face, and neck. 4. THERAPEUTIC MASSAGE ESTABLISHMENT: An establishment in the business of providing Therapeutic Massage services either to the public or as a private club. 11-1103 BUSINESS LICENSE REQUIIZED FOR ESTABLISHMENT It shall be unlawful in the City of Champlin for any person to directly or indirectly, upon any pretense or by any device, engage in the business of keeping, conducting, or operating any massage esta.blishment, sauna, steam bath, or heat- bathing room, which is open to the public or for which any charge or fee is made or any money or thing of value is solicited or received except a Therapeutic Massage Establishment or Sauna as defined in this ordinance and then only after first obtaining a duly issued license therefore from the City. A person who operates an enterprise described in this ordinance without a valid license issued by the City sha11 be guilty of a misdemeanor offense. 1. Initial License Application. All initial applications shall be accompanied by a non- returnable investigation fee in the amount set forth in the Section 11-1113. Each application shall contain: a. The names, addresses, and dates of birth of the owners, lessees, operators, and Massage Therapists of the proposed T'herapeutic Massage Establishment or Sauna; b. A description and location of the premises; Information as to conviction of any e or offense committed by anyone listed on the application; formation as to conviction of any crime or offense committed by anyone listed e application; 1 applications by corporations shall include the names, addresses, and dates of birth of all persons having a beneficial interest therein; e. A description of services to be provided; f. Such other information as the Council may require. Prior to consideration of the application by the Council, an investigation shall be made by the Building Official to determine compliance with this ordinance, of all premises proposed to be licensed and by the Police Department of all persons listed on the license application. 2. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set forth in Section 11-1113. For a renewal, the applicant must provide full information as required for initiallicenses for any new owners, lessees, operators, or Massage Therapists proposed to be involved in the massage center or sauna, and also provide any changes in the name, address, criminal record, or other relevant information of any other owner, lessee, operator and/or the Police Department may conduct an investigation prior to any renewal. 11-1104 EXCEPTIONS TO BUSINESS LICENSE REQUIREMENTS This ordinance shall not apply to the following establishments or people: 1. A health care facility licensed by the State of Minnesota. 2. A health care facility owned in whole or in part by the State of Minnesota or any of its agencies. 3. A medical clinic or hospital, so long as the massage is performed by a state licensed physician, chiropractor, osteopath, podiatrist, nurse, physical therapist, or an assistant working under the direction of any of the above-described ession als. physical therapy clinic or athletic facility, so long as the massage is performed by a state licensed physical therapist, athletic director, coach, or trainer. 5. A beauty parlor or barbershop so long as the massage is performed by a state-licensed beautician or barber, and treatment is limited to the scalp, face, and neck. 11-1105 RESTRICTIONS AND REGULATIONS A license may be revoked, suspended, or not renewed by the City upon a showing that the licensee, its owners, managers, employees, agents, or any Massage Therapist practicing Therapeutic Massage on the Licensed premises have violated any of the following restrictions and regulations: 1. Licenses may be granted only for operation upon fixed premises which have been approved for the proposed use under the zoning laws of the City. 2. The applicant is not delinquent in the payment to the City or other jurisdiction of taxes, fees, fines, or charges duly assessed thereta 3. Licenses shail be granted only upon a showing of compliance with all laws of sanitation. 4. No beer, liquor, narcotic drug, or controlled substances, as such terms are defined be State Statutes or by the City Ordinance, shall be permitted on licensed premises. 5. Only Massage Therapists as defined in the ordinance and licensed by the City may perform massage. Any person acting as a Massage Therapist in a Therapeutic Massage Establishment or sauna shall display his or her license in a prominent place in the Therapeutic Massage Establishment or sauna. e hall not be anted or renewed if antin the license 1 would be inconsistent with the comprehensive 6. A licens s gr S development plans of the City, or (2) would otherwise have a detrimental effect upon the property or properties in the iolation of any law or regulation relating to health, building, building maintenance, safety, or other provision of the Ordinance or Sta.te law shall be grounds for denial or revocation of a license. e application must not contain any false, fraudulent, or deceptive statements. 9. No applicant or any employee or proposed employee, including Massage Therapists practicing Therapeutic Massage on the licensed premises, sha11 have been convicted or pled guilty within the previous three (3) years of a violation of this ordinance, or of any law prohibiting prostitution, pandering, keeping a disorderly house, criminal sexual conduct, any sex crime under Minn. Stat. Chapter 609, or a crime involving moral turpitude. 10. The applicant has not, within one (1) year prior to the date of application, been denied licensure or had its license revoked. 11. No Therapeutic Massage Establishment or sauna may discriminate between persons on the basis of race, color, creed, sex, or national origin or ancestry. 12. All Therapeutic Massage Establishments and sauna licensees shall comply with any and all amendments to this ordinance. Failure to do so shall be grounds for revocation of a license. 13. The licensee shall permit and allow the inspection of the premises during business hours by the Building Official, police officers, and health officers, without a warrant for searches and seizures. 14. Upon request by any police officer, any person employed in any licensed premises shall provide identification including his or her true legal name, correct address, and date of birth. 15. No person while afflicted with any disease in a communicable form or while a carrier of such disease or while afflicted with boils, infected wounds, sores, or any acute respiratory infection, may work as, or use the services of, a Massage Therapist. No persons known or suspected of being afflicted with any such disease or condition shall be employed or permitted in a Therapeutic Massage Esta.blishment. 11-1106 RESIDENT MANAGER OR AGENT re a license is issued under this ordinance the applicant shall designate in writing a natural person who is to be ager and in responsible charge of the business and upon whom service of process may be made. Such a person shall remain responsible for the conduct of the business until another suita.ble person has been designated in writing by the licensee. The licensee shall promptly notify the Police Department in writing of any change indicating the name, address, and date of birth of the new manager and the effective date of birth of the new manager and the effective date of such change. 11-1107 SUBMISSION OF PLANS AND SPECIFICATIONS All ersons who hereafter construct extensivel remodel, or convert buildings or facilities for use as Therapeutic p Y Massage Establishments or saunas, which are open to the public, shall comply with the requirements of the State Building Code and all amended codes. To the extent the Building Code or Fire Code do not impose stricter requirements, the provisions of this ordinance shall govern. 11-1108 CONSTRUCTION AND MAINTENANCE REQUIREMENTS 1. Floors, walls, and equipment in sauna rooms, massage rooms, restrooms, bathrooms, janitor's closet, hallways, and reception axea used in connection therewith must be kept in a state of good repair and clean at all times. Linens and other materials shall be stored at least 12 inches off the floor. Clean towels and wash cloths must be made available for each customer. 2. If massage is performed in individual rooms, the doors to the individual massage rooms shall not be equipped with any locking device and shall not be blocked or obstructed from either side. 1109 INSURANCE REQUIRED applicant for a license under this ordinance sha11 file with the City a public liability insurance policy or certificate surance from a company authorized to do business in Minnesota., insuring the applicant against any and all loss g out of the use, operation, or maintenance of the Therapeutic Massage Esta.blishment. The policy of insurance shall be in limits of not less than $500,000. Failure to keep in full force and effect the insurance required herein is grounds for revocation. 11-1110 UNLAWFUL ACTS It is unlawful for any person to commit, attempt to commit, conspire to commit, or aid or abet in the commission of, any act constituting a violation of this ordinance, whether individually or in connection with one or more persons or as a principal, agent or accessory. 1. It is unlawful for any licensee to fail fo, at all times, observe all restrictions, regulations and maintenance requirements contained in this ordinance. 2. It.is unlawful for any person to falsely, fraudulently, forcibly or willfully induce, cause, coerce, require, permit or direct another to violate any of the provisions of this ordinance. 3. It is unlawful for any licensee to allow the licensed premises to be open for business or allow patrons to be on the premises between the hours of 11:00 p.m. and 6:00 a.m. of the same day. reve nt a olice buildin or health officer ensee to hinder or 4. It is unlawful for any licensee, agent, employee of a lic p p g from making any inspection at any time. 11-1111 INDIVIDUAL MASSAGE T�-IERAPIST LICENSE It shall be unlawful for any person to practice any form of massage other than a Therapeutic Massage as defined in this ordinance and then only after first obtaining a duly issued license therefore from the City. 1. Licensing Requirements. cense Application. All applications for a license to practice Therapeutic sage shall contain such information as the Council may, from time to time, require. All applicants shall be at least eighteen (18) yeaxs of age. b. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set forth in the Fee Schedule. c. Initial Applications. All initial applications shall be accompanied by a non- returnable investigation fee in the amount set forth in the Fee Schedule on file with the City Clerk. d. Educational Requirements. l. Each applicant for a Massage Therapist license shall furnish with the application proof of the following: (a) A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputa.ble massage association; or (b) A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is recognized by the Minnesota Higher Education Coordinating Board or other state agency having jurisdiction over the schooL 2. Each applicant shall also furnish proof at the time of application of a minimum of 500 hours of successfully completed course work in the following areas: (a) The theory and practice of massage, including, but not limited to, Swedish, Esalen, Shiatsu, andlor Foot exology techniques; and Anatomy, including, but not limited to, skeletal and muscular ture and organ placement, and physiology; and ygiene 11-1112 EXCEPTIONS TO MASSAGE THERAPIST LICENSE REQUIREMENTS This ordinance shall not apply to the following people: 1. A state licensed physician, chiropractor, osteopath, podiatrist, nurse, physical therapist, or assistant working under the direction of any of the above-described professionals. 2. A state licensed physical therapist, athletic director, or trainer, or an assistant working under the direction of any of the above-described professionals. 3. A state licensed beautician or baxber, provided treatment is limited to the scalp, face, and neck. 11-1113 LICENSE RESTRICTIONS AND REGULATIONS 1. All Therapeutic Massage andlor Sauna Establishments and Message Therapists shall be established by City Council Resolution. 2. Display current licenses in a prominent place at their place of employment. 3. Upon demand of any police officer at the place of employment, produce correct identification. 4. Practice massage only at such location as is designated in the license. 5. Inform the City Clerk in writing of any change in location prior to such change. 6. Refrain from the use of and not be under the influence of alcoholic beverages or any controlled substance as defined in Minnesota Statutes while practicing Therapeutic Massage. 7. Be in full compliance with the restrictions and regulations set forth in ordinance. equire that a person who is receiving a massage shall have his/her genital areas covered with an appropriate opaque ring. 11-1114 VIOLATIONS AND PENALTIES Every person who commits or attempts to commit, conspires to commit, or a.ids or abets in the commission of any act constituting a violation of this Ordinance, whether individually or in connection with one or more persons or as principal, or agent, or accessory, shall be guilt of a misdemeanor, and every person who falsely, fraudulently, forcibly, or willfully, induces, causes, coerces, requires, permits, or directs another to violate any of the provisions of this Ordinance is likewise guilty of a misdemeanor. Each violation of this ordinance shall constitute a separate offense. Conviction of a violation of this Ordinance shall be grounds for suspension or revocation of any license issued hereunder. 11-1115 EFFECTIVE DATE This ordinance becomes effective upon its passage and the publication of its title and summary. ORDINANCE 455 06/12/95 C7Y� �YI�e.�n'� Page 1 of 1 P Cam��e Worley p Val Northway [vnorthway@eminnetonka.com] �I S� Monday, July 31, 2006 12:00 PM To: Camille Worley Subject: RE: Massage Therapist Attachments: Ordinance.pdf ttached is our ordinance. '�ere is no difference to us if the massage takes place in a health club or another privately owned business. '�wever, for your information, our Massage Ordinance is in the process of being changed the changes will effective this fall. But, it is not being changed in the area of who needs a business license. �y questions, just email or call 952/939-8274. om: Camille Worley [mailto:cworley@ci.brooklyn-center.mn.us] :nt: Monday, Juty 31, 2006 9:05 AM khoffman@ci.plymouth.mn.us; bbogen@ci.maple-grove.mn.us; Val Northway; bosborn@cityofrichfield.org; �lotti@ci.champlin.mn.us ibject: Massage Therapist �I ie ity of Brooklyn Center is seeking information from surrounding Cities regarding their Massage Therapist :ensing process and requirements. Could you please email or fax the information regarding your ordinance >ecifically related to massage or massage therapy licensing in health clubs (Curves, Lifetime Fitness, etc.). If �u could email or fax this information by Wednesday, August 2" that would be extremely helpful. '�ank you so much for your time. avu.��e Wor�e� e�pu.t� C�t� C�erl2 �t� o f groole�� w cewter 63-�69-3308 �X: �63-56�-3-4-J°4 i 7/31 /2006 �,=i_�. r b� e y.. r�� r Minnetonka Code of Ordinances SECTION 810. MASSAGE SERVICES. 810.005. Definitions. Unless the context cleazly indicates otherwise, the words belaw aze defined for the purpose of this section as follows. 1, "Operate" means to own, manage or canduc� 2. "Within the city" includes physical presence as well as telephone referral situations, such as a`�hone-a-massage" type operation, in wluch the business premises, although not actually located within the city, serves as a point of assignment of employees who respond to requests for services from within the city. 3, "Massage" means the method of treating the superficial P� ti ulatin with the hands rubbing, pressing, stroking, kneading, tapping, pounding, vibrating, o g or an instrument for no other purpose than physical fitness, health-care refemal, healing, relaxadon, and beautification. 4. "Sanitary" means free from pathogenic microorganisms. "Adequate" or "approved" means acceptable to the health authority following his/her deternunation as to conformance with public health pracrices and standards. 6, "Masseur" means a male person who practices massage. 7, "Masseuse" means a female person wh.o practices massage. of massa e services to the general public, g, `Massage business means the offering g regardless of whether the offer is limited only to select invitees or organizatiunal members. g, "Health care facility" means a person, association, business, organization or institution providing medical, surgical, dental, chiropractic, osteopathic or physical therapy services where practitioners are licensed by the state of Minnesota. 10. "Massage therapist" means a person administering massage who meets either of the following sets of criteria: a. practitioner• (1) is a member in good standing of the american massage therapy association, the associated bodywork and massage professionals, or other national organization of therapeutic massage professionals that has a similar written and enforceable code of ethics; 1 :"American Legal Publishing Corporation" Minnetonka Code of Ordinances (2) has insurance coverage of $1,000,000 for personal liability in the practice of therapeutic massage; and (3) has either (a) a practitioner's degree with a minimum of 400 hours of class credits from a massage therapy school accredited by one of the national organiza.tions listed in paragraph (I), or (b) at least two years of full-time experience working as a massage therapist under a license from the city of Minnetonka. b, assaciate: (1) works in conjunction with a person meeting the practitioner's requirements; and (2) is insured by the practitioner's insurance policy or equivalent. 11. "Massage therapeutic business" means a massage business in which only massage therapists administer massage. 810.010. License Required. 1. Business license. A person must not operate a massage business within the city unless the business is currently licensed under this section. 2. Personal service license. A person must not perform massage services within the city unless that person has obtained a personal service license under this section that is valid and current. The owner of a massage business who has obtained a business license is not required to obtain a personal service license to administer massage. 810.O1S. License Exceptions. The following people and businesses are exempt from the provisions of this ordinance while performing activities.covered by their prafessional licenses or pmfessional affiliations: 1. people licensed by the state of Minnesota to practice medicine, surgery, osteopathy, chiropracric, physical therapy, occupational therapy, podiatry, and nursing, and people working solely for and under the direction of those individuals; 2, athletic trainers, certified by the National Association of Athletic Trainers (NATA), when working with an amateur, semiprofessional or pmfessional athlete or athletic team; 3. beauty culturists and barbers licensed by the state of Minnesota who do not hold themselves out to give massages, other than that customarily given in the field and limited to the face, neck and scalp for beautification purposes only; and 4. health care facilities. :"American Legal Publishing Corporation" Z Minnetonka Code of Ordinances 810.020. License Application. An application for a license under this section must be filed with the community development 'cation must b e m a d e o n a form su p plied by the city and contain the The a h department PP following inforination: 1, Business licenses. a, whether the applicant is a natural person, a corporation, a partnershiP, or other form of organization; b, if the applicant is a natural person: (1) the true name, place and date of birth, resident address and phone number of the applicant; (2) whether the applicant has ever used or has been laiown by a name other than his/her true name; and if so, what was such name or names and information concerning dates and places where used; (3) the name of the business if �es�to� fic r equired bY stat�e 1 W must�be t h e a p p li c an t' s n a m e; i n w h i c h c a s e, a c o p y o f attached to the application; (4) the street address at which applicant has lived during the preceding five Ye�� (5) the kind, name and location of every business or occupation the applicant has been engaged in during the preceding five years; (6) the naznes and addresses of the applicant's employer(s) and partner(s), if any, for the preceding five years; (7) whether the applicant has ever been convicted of a felony or other crime. If so, the applicant must fiuDish information as to the time, place and offense for each conviction; (8) the applicanYs physical description; and (9) whether the applicant has training or experience in performin8 massage services. c. if the applicant is a partnership. (1) the names and addresses of the partners and for each partner all information that is required af an individua.l applicant in subparagraph b, above; (2) the name of the managing partner(s) and the interest of each partner in the :"American Legal Publishing Corporation" 3 Mfnnetonka Code of Ordinances business; and (3) a true copy of the partnership agreement. If the partnership is required to file a certificate for a trade name under state law, a copy of that certificate must also be attached. d. if the applicant is a corporation or other organiza.rion: (1) the name; and if incorporated, the state of incorporation; (2) a true copy of the certificate of incorporation, articles of incorporation or association agreement, and by-laws. If a foreign corporation, a certificate of authority to do business in Minnesota must also be attached; (3) the name of the manager or proprietor or other agent in charge of the business to be licensed and all information conceming tlus person(s) as is required in subparagraph b, above; and (4) a list of the officers or directors of the corporation or organization and all information conceming this person(s) as is required in subparagraph b, above. e. whether the applicant is licensed in other communities to run similar businesses, and if so, where; f. the names of those individuals to be licensed and working for the applicant in the city of Minnetonka; g, whether the applicant has previously been denied a massage license; h. the name, residences, and business addresses of three residents of Hennepin county, of good moral character, not related to the applicant or financially interested in the premises or business, who can provide information about the applicant's and/ar managei''s character; i. the location of the business premises; and j, other information as the city may require. 2. Personal service licenses. a. all the information required under section 810.020(1), subparagraphs b, e, g, h, and j; b. the location or locations where the applicant will perform massage services; c. photogra.phs of the applicant taken by the city of Minnetonka's police department showing both the front and side view; and d. a complete set of fingerprints taken by the Minnetonka police department. 3. Massage therapists. A massage therapist applying for a personal service license need not :"American Legai Publishing Corporatlon" 4 I I i Minnetonka Code of Ordinances provide photographs and finSeiPrints but must instead provide verification of ineeting the requirements specified in section 810.005(10). 4. Subsequent changes in license application information. A licensee must promptly notify the director of community development of a change in the �O been ssuecicts required to be fumished on the application for a license, even after the hcense has 810.025. Execution of Application. An application for a license, whether business or personal service, must be signed and sworn to. If the applicant is a natural person, the application must be signed and sworn to by that person; if a corporaiion, by an officer of the corporation; if a partnership, by one of the partners, and if an unincorporated association, by the manager or managing officer of the association. 810.034. Application Fees. 1. An application for a license must be accompauied bY the license fee specified in section 710. If an application is rejected, the city will refund the amount paid. No other refunds will be made. 2, An application for a business license must be accompanied by an investigation fee in the aznount specified in section 710. No investigation fee will be refunded. 810.835. Persons Ineligible for a License. No license may be issued to an applicant who: 1. is under 18 years of age; 2, has been convicted of a crime directly related to the occupation and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as required by Minn. Stat. 364.03, subd. 3. 3. is not a citizen of the United States or a resident alien; 4. is not of good moral character or repute; 5. owes taxes, assessments, or other financial claims to a govemmental aSency that are due and delinquent; or 6. is not the real party in interest of a massage business. 810.040. Locations Ineligible for a License. :"American Legai Pubiishing Corporation" 5 Minnetonka Code of Ordinances No massage business may be located on pmperty that: 1. is zoned as a classification of residential properiy under the zoning ordinance; or 2, is subject to taxes, assessments, or other financial claims from a governmental agency that are due and delinquent, except if a suit has been commenced and is being diligentiY prosecuted to question the amount or validity of taxes. 810.045. Granting of Licenses. 1. Business licenses. a. Applications for business licenses will be referred to the police department for investigation of the facts set forth in the application. The police department will prepaze a written recommendation as to issuance or non-issuance of the license. The city council or city manager may order and conduct additional investigation as they deem necessary. b. Except for a massage therapist business, notice of a hearing before the city council must be published at least 10 days in advance. The notice must set forth the day, time and place when the hearing will be held; the name of the applicant, the premises where the business is ta be conducted, the nature of the business, and any other appropriate information. At the hearing, the public must be given an opportunity to speak for or against the granting of a license. A license, other than a renewal, may not be approved by the city council before the next regular meeting of the council after the hearing. c. Renewal applications. Except for a massage therapist business, not less than 10 days nor more than 30 days after the date for submitting renewal applications, the city council will hold the public hearing. Notice of the time and place of the hearing and the fact that a renewal application will be considered must be published in ttie official newspaper 10 da.ys before the hearing. At the hearing, the public must be given an opportunity to speak for or against the granting of a license. d. A license for a massage therapist business will be considered and renewed in the same manner as a personal service license. 2. Personal service licenses. a. Applications for personal service licenses will be referred to the police deparhnent for investigation of the facts set forth in the application. The police depart�nent must prepare a written recommendation regarding issuance of the license. The community development director may conduct additional investigation as he/she deems necessary. b. The cornmunity development director will make the deternunation whether to approve or deny the license. A denial must be communicated to the applicant in writing specifyi.ng the reasons for denial. The applicant may appeal this denial to the city council within :"American Legal Pubiishing Corporation" s Minnetonka Code of Ordinances 10 days of the date of the denial by submitting a request in writin8• c. Applications for license renewals must be submitted to the community development director at least 30 days before the license expiration. The director will decide whether to approve or deny the license renewal. A denial must be communicated to the applicant in writing specifying the reasons for denial. The applicant may appeal the denial following the procedure in s ection 700.035 of this code. 3, Crrounds for denial. A license may be denied for any of the following reasans; a, fraud or deception in the license application; b, history of violations of laws and ordinances that apply to health, safety or moral tu�rpitude; c. bad repute; d. convictions of crimes or offenses involving sexual misconduct; and e. other matters deemed to be relevant by the community developinent director or city council. 810.050. License Not Traasferable. 1. A license is issued to the applicant only and is not transferable to another holder. No licensee may loan, sell, give or assign a license to another holder. 2. The license issued .for a massage business is oniy effective for the compact and contiguous space specified in the approved license application. If the licensed premises is to be enlarged, altered, or extended, the licensee must inform the issuing authority and receive approval before doing sa 810.055. Canditions of Licenses. 1. A massage business must not employ or use a person as a masseur or masseuse unless that person is licensed by the city. 2. A person acting as a masseur or masseuse in a massage business must have his/her license or a true copy of it, displayed in a prominent place on the licensed premises. 3. A massage business must not discriminate on grounds of race, creed, color, sex, national origin or ancestry in performin8 services offered by the licensed establishment. 4. The person who is receiving the massage must at a11 times have his/her buttocks, anus and genitals covered with an appropriate non-transparent covering. ;"American Lega! Pubiishing Corporatton 7 Minnetonka Code of Ordinances t all times have his anus, buttocks and genitals must a 5. A masseur erforming massages P covered with a non-transparent material. 6. A masseuse performing massages must at all times have her breasts, buttocks, anus and genitals covered with a non-transparent material. 7. A licensee must not solicit business or perform massage servic,es, and a business licensee must not allow, encourage or direct his/her employee to solicit business or perform massage services, while the license is under suspension or revocation. In addition, no personal service licensee may solicit business in a public place or in a licensed liquor establishment within the city. 8. A licensee must not pernut the possession or consumption of alcoholic beverages or illegal controlled substances on the licensed premises. 810.060. Suspension or Revocation of License. ma su end or revoke a 1 icense issued under this section. A suspension or revocation The crty y sp must be accomplished following the procedure in section 700.035 of this code. The follow�.ng are grounds for suspension or revocation of a license: 1. failure to comply with city ordinances or state law; 2, control ar possession by the owner, manager, lessee or an employee of the massage business of alcoholic beverages or illegal controlled substances on the premises; 3. conviction of the owner, manager, lessee, or an employee of the massage business of a violation of any ordinance or state statute, arising on the licensed premises; 4. conviction of the owner, manager, lessee or an employee of the massage business of prostitution or anothar crime involving moral turpitude; and 5. failure to promptly notify the commuuity development director of a change in the information required to be subnutted in a license application. 810.065. Duration of License. 1. Licenses issued under this chapter expire on January 31 of each yeaz. 2. When a licensee applies for renewal license with the required fee by the deadline for submission, the licensee is authorized to operate until the license is either renewed or denied. 810.070. Construction and Maintenance of Premises. 1. Massage rooms, restrooms, bathrooms, janitor rooms, laundry facilities, and similar :"American Legal Pubtishing Corporation" 8 Minnetonka Code of Ordinances facilides used in connection with the massage business must be constructed of smooth and easily cleanable materiats that aze resistant to wear, moisture, bacteria, mold or fungus growth. The floor to wall and wall to wall joints must be constructed to provide a sanitary cove with a um radius of one inch. minim used in connection with the massage business must be provided with 2. Restrooms mechanical ventilation with 2 cfm per square foot of floor area, a minunum of 20 foot candles of illumination, a hand-washing sink equipped with hot and cold running water under pressure, single-use paper towels or other approved drying device and a soap dispenser. 3. A massage business must have a j anitor's closet for the storage of cleaning supplies. This closet must have mechanical ventilation with 2 cfin per squaxe foot of floor area and a minimum of 20 foot candles of illumination. The closet must include a mop sink. 4. Floors, walls, other structures, and equipment in massage rooms, restrooms and bathrooms used in connection with the massage business must be kept in a state of good repair and sanitary at all times. Linens and other materials must be stored at least 6 inches off the floor in areas protected from contamination. Sanitary towels, wash cloths, cleaning agents and toilet tissue must be made available for each customer. 5, Individual lockers must be made available for use by patrons. These lockers must have separate keys for locking. Instead of individual lockers, massage therapist businesses may provide secure areas designated for storage of personal items belonging to employees and patrons while on the premises. 6. Doors on massage rooms must not have locks, latches or other devices that can secure a door to prevent its being opened. Massage rooms must be constructed with air space between partitions and the ceiling, and be clearly identified by signs. The requirement for an air space does not apply to massage therapist businesses. 7. A separate hand-sink must be accessible and used by a masseur, masseuse, and massage therapist before administering massage on each patron and when hands are soiled. 8. The fumiture upon which the patron reclines while receiving a massage must either be covered with approved linen or be washed after each use with a cleaning agent sufficient to prevent the spread of disease. Linens and towels must be changed after each use and laundered by a commercial cleaning establishment or in approved laundry facilities on the premises. Single-use linens must be discazded after each use. 810.075. Submission of Plans and Specifications. A person who constructs, remodels or converts a building for use as a massage business must comply with this code. The person must submit plans and specifications for the layout, arrangement, and plumbing, and construction schedules to the community development department. A building permit may not be issued for such construction, remodeling or alteration :"American Legal Publishing Corporation" 9 Minnetonka Code of Ordinances until the permit has been approved by the health authonty. 810.080. Inspection of Premises. Massage businesses must be open to inspection by city health, building and license inspectors and police officers during business hours. Upon demand by a health inspector or police officer, a person engaged in providing services in a licensed premises must identify himself/herself givin� his/her true legal name and his/her correct address. 810.085. Hours of Operation. 1. Except with respect to massage therapist businesses, no customers or patrons may be allowed to enter the licensed premises after 6:00 p.m. and before 8:00 a.m. daily. No customers or patrons may be allowed to remain on the licensed premises after 7:00 p.m. and before 8:OA a.m. daily. 2. At massage therapist businesses, no customers or patrons may be allowed to enter the licensed premises af�er 11:00 p.m. and before 6:00 a.m. daily. No customers or patrons may be allowed to remain upon the licensed premises after 12:00 a.m. and before 6:00 a.m. daily 810.090. Penalty. A person who commits or attempts to commit, conspires to commit or aids or abets in the commission of an act constituting a violation of this ordinance, whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulendy, forcibly or willfully induces, causes, coerces, permits or directs another to violate a prvvision of tlus ordinance is guilty of a misdemeanor. :"American Legal Publishing Corporation" C Page 1 of 1 Camille Worley From: Betsy Osborn [bosborn@cityofrichfield.org] Sent: Monday, July 31, 2006 1:00 PM To: Camille Worley Subject: RE: Massage Therapist would refer you to www.citvofrichfield.oro and look for chapter 1188 of our City Code That will spell out the requirements The ;nnuat license for the business is $628 with a first time, $628 additional background investigation fee and each massage therapist iust have an individual annual license for $64 with a first time, $64 additional background investigation fee. From: Camille Worley [mailto:cworley@ci.brooklyn-center.mn.us] Sent: Monday, July 31, 2006 9:05 AM To: khoffman@ci.plymouth.mn.us; bbogen@ci.maple-grove.mn.us; vnorthway@eminnetonka.com; Betsy Osborn; rcolotti@ci.champlin.mn.us Subject: Massage Therapist Hello, The City of Brooklyn Center is seeking information from surrounding Cities regarding their Massage Therapist licensing process and requirements. Could you please email or fax the information regarding your ordinance specifically related to massage or massage therapy licensing in health clubs (Curves, Lifetime Fitness, etc.). If you could email or fax this information by Wednesday, August 2" that would be extremely helpful. Thank you so much for your time. Caw�.��e wor�e� D�u.t� Ci.t� CI.Crl2 c�t� o f grool2l.� w cewter �63-569-3308 �ax: �63-5�9-s4�4 07/31 /2006 �f��] Page 1 of l Camille Worley Betsy Osborn [bosbom@cityofrichfieid.org] 9�t: Monday, July 31, 2006 1:00 PM To: Camilie Worley Subject: RE: Massage Therapist would refer you to www.citvofrichfield.ora and look for chapter 1188 of our City Code That will'spell out the requirements The nnual license for the business is $628 with a first time, $628 additional background investigation fee and each massage therapist iust have an individual annual license for $64 with a first time, $64 additional background investigation fee. From: Camille Worley [mailto:cworley@ci.brooklyn-center.mn.us] Sent: Monday, July 31, 2006 9:05 AM To: khoffman@ci.plymouth.mn.us; bbogen@ci.maple-grove.mn.us; vnorthway@eminnetonka.com; Betsy Osborn; rcolotti@ci.champlin.mn.us Subject: Massage Therapist Hello, The City of Brooklyn Center is seeking information from surrounding Cities regarding their Massage Therapist licensing process and requirements. Could you please email or fax the information regarding your ordinance specifically related to massage or massage therapy licensing in health clubs (Curves, Lifetime Fitness, etc.}. If you could email or fax this information by Wednesday, August 2" that would be extremely helpfuL Thank you so much for your time. ca w�.��e wor�e� DCput� C�t� Cl,erl2 c�t� of g►-ool��w cewter �63-�69-3308 �AX: �63-6�oJ° -34J° 4 �31 /20Q6 Richfield City Code 118 8.01 (Rev. 1999) Section 1188: Theraoeutic Massa�e (Added, Bill No. 1999-12) 1188.01. Findin�s. It is found and determined that: (a) persons who have recognized and standardized training in therapeutic massage, health and hygiene provide a legitimate and necessary service to the general public; (b) health and sanitation regulations goveming therapeutic massage enterprises and massage therapists will minimi�e the risk of the spread of communicable dise,ases and promote health and sanitation; (c) license qualifications for therapeutic massage enterprises and massage therapists will m;nimi�e the risk that such businesses and persons may facilitate prostitution and other crimu�al activity in the city; and (d) massage services provided by persons without recognized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by e�osing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. 1188.03. Definitions. The temzs defined in this section have the meanuigs given to them. Subdivision L"Clean" means the absence of dirt, grease, rubbish, garbage and other offensive, unsightly or exlraneous matter. Subd. 2. "In good repair" means, free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions and similar defects. Subd. 3. "Massage" means the rubbing, stroking, kneading, tapping or rolling of the body of another person with the hands for the purpose of physical fitness, health-care referral, relaxation and for no other purpose. Subd. 4. "Operate" means to own, manage or conduct, or to have conlxol, charge or custody over. Subd. 5. "Therapeutic massage enterprises" means a place of business providing massage services to the public for consideration: the term does not include a hospital, sanitarium, rest home, nursing home, boarding home or other institution for the hospitali�a.tion or care of other human beings duly licensed under th�provisions of Minnesota Statutes, sections 144.50 through 144.69. Subd. 6. "Thera�utic massage therapist" means a person who practices or administers massage to the public for consideration. Subd. 7. "In the city" means physical presence, as well as telephone referrals such as phone-a- massage operations in which the business premises, although not physically located within the city, serves as a point of assignment of employees who respond to requests for services from within the city. L�__ a Richfield Ciiy Code 1188.05 (Rev. 1999) 1188.05. License reauired. Subdivision l. Theraz�eutic massa�e enterorises. It is Luilaw£ul to operate, offer, engage in or carry on massage services in the city without a therapeutic massage enterprise license. Subd. 2. Thera�eutic massa�e theranist license. It is unlawful to practice, administer or provide massage services in the city without a thera.peutic massage therapist license. 1188.07. Exemntions. A therapeutic massage enterprises license or therapeutic massage therapist license is not required for the following persons and places: (a) persons licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, provided that the massage is administered in the regular course of the medical treatment and not provided as part of a separa.te and disiinct massage business; (b) persons licensed by the state as bea.uty culturists or barbers, provided the persons do not hold themselves out as giving massage treatments and provided that massage by beauty culturists is limited to the head, hand, neck and feet and the massage by barbers is limited to the head and neck; (c) persons employed by and working solely under the direction and conlrol of a person duly licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical thera.py or podiatry; this does not include therapeutic massage thera.pists employed as an independent contractor; (d) places licensed or operating as a hospital, nursing home, hospice, sanitarium or group home established for hospitalization or medical care; and (e) athletic coaches, directors and trainers employed by public or private schools. 1188.09. General rule. The owner or operator of a licensed therapeutic massage enterprise may employ only licensed therapeutic massage therapists to provide massage services. �The owner or operator of a licensed therapeutic massage enterprise need not be licensed as a therapeutic massage therapist unless that owner or opera.tor personally provides massage services. 1188.1 l. License anvlication. Subdivision l. Theraneutic massa�e enterorise. The application for a therapeutic massage enterprise license must contain the following information. (a) For all applicants: (1) whether the applicant is an individual, corporation, partnership or other form of organization; (2) the legal description of the premises to be licensed together with a plan of the area showing d'unensions, location of buildings, slreet access and parking facilities; (3) the floor number, street number and rooms where the massage services are to be conducted; (4) whether all real estate and personal properry ta��es that are due and payable for the premises to be licensed have been paid, and if not, the years and amounts that are unpaid; Richfield City Code 1188.11 Subd. 1 (Rev. 1999) (5) if the application is for premises either planned or under construction or undergoing substantial alteration, the a}�plica.tion must be accompani ed by prelinvnary plans showing the design of the proposed premises; if the plans for design are on file with the building inspector, no plans need be submitted; (6) the name and street address of the business if it is to be conducted under a designation, name or style other than the name of the applicant, and a certified copy of the certificate required by Minnesota Statutes, section 333.02; (7) other information that the city council may require. (b) For applicants who are individuals: (1) the name and date of birth of the applicant and the applicant's residence address; (2) if the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information conceming the dates and places where used; (3) whether the applicant is a citizen of the United States or a resident alien or has the legal authority to work in the United States; (4) residence addresses of the applicant during five years preceding the date of application; (5) the type, name and location of every business or occupation the applicant has been engaged in during the preceding five years; (6) names and addresses of the applicant's employers for the preceding five years; (7) if the applicant has ever been convicted of a felony, crime `or violation of an ordinance other than a minor traffic offense; if so, the applicant must furnish infoimation as to the time, place and offense involved in the convictions; (8) if the applicant has ever been engaged in the operation of massage services; if so the applicant must furnish information as to the name, place and length of time of the involvement in such activity. (c) For applicants that are partnerships: (1) the names and addresses of general and limited partners and the information concerning each general partner described in subdivision 1(b) of this section; (2) the managing partners must be designated, and the interest of each general and limited partner in the business must be disclosed; (3) a true copy of the partnership agreement must be submitted with the application, and if the partnership is required to file a certificate as to a trade name under Minnesota Statutes, section 333.02, a certified copy of that certificate must be submitted. The license, if issued, will be in the name of the parinership. Richfield City Code 1188.11 Subd. 2 (Rev. 1999) (d) For applicants that are corporations: (1) the name of the organization, and if incorporated, the state of incorpora.tion; (2) a true copy of the certifica.te of incorpora.tion, and, if a foreign corporation, a certificate of authority as described in Minnesota Staiutes, section 303.02 and information of the nature described in subdivision 1(b) regarding such persons; (3) the name of the general manager, corpora.te officers, proprietor, and other person in charge of the premises to be licensed, and the information about those persons described in subdivision 1(b); (4) a list of the persons who own or ha.ve a controlling interest in the corporation or organization or who are officers of the corporation or organiza.tion, together with their addresses and the information regarding such persons described in subdivision 1(b) of this section. Subd. 2. Theraneutic massase thera.nist. An application for a thera.peutic massage therapist license must contain the following information: (a) the applicant's name and address; (b) the applicant's current employer; (c) the applicant's employers for the previous five years, including employer's name, address and da.tes of employment; (d) the applicant's residence address for the previous five years; (e) the applicant's date of birth, home telephone number, weight, height, color of eyes and color of hair; fl if the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense, and if so, the tune, place and offense involved in the convictiorLS; (g) whether the applicant is a citizen of the United Sta.tes or a resident alien or has the legal authority to work in the United Sta.tes; (h) if the applicant has ever used or been lrnown by a name other than the applicant's name, and if so, the name or names and informa.tion concerning da.tes and places where used; (i) evidence that the applicant: (1) is a member in good standing of the American Massage Therapy Association, the Associated Bodywork and Massage Professionals or other organizations of therapeutic massage professionals which has a similar written and enforceable code of ethics, and has been currently approved by the public safety director; (2) has current insurance coverage over $1,000,000 for professional liability in the practice of massage; (3) is affiliated with, employed by or owns a thera.peutic massage enterprise licensed by the city; (4) has completed 400 hours of certified therapeutic massage trauung from a recognized school accredited by one of the na.tional organizations described in paragraph (1); (5) has at least two years of e�erience practicing massage therapy. (j) Other information that the city council may require. I Richfield City Code 1188.13 (Rev. 1999) 1188.13. Apnlication and investi�ation fees. The fees for a massage enterprise and massage therapist licenses are as provided in Appendix D. A background investigation fee will be charged for a11 new therapeutic massage enterprise licenses and therapeutic massage therapist licenses and are as provided in Appendix D. An application for either license must be accompanied by payment in full of the required license and investigation fee. 1188.15. Application verification and consideraxion Subdivision 1. Theraneutic massa�e enterorise license. The public safety director must verify the information supplied on the license application and investigate the background, including the crimii�al background, of the applicant to assure compliance with this section. Within 21 days of receipt of a completed application and fee for a therapeutic massage enterprise license, the public safety director must make a written recommenda.tion to the city council as to issuance or non-issuance of the license. The city council may order additional investigation if it deems it necessary. Subd. 2 Theraneutic massa�e theranist license. The public safety director must verify the information supplied on the license application and investigate the background, including the criminal background, of the applicant to assure compliance with this section. Within 21 days of receipt of a complete application and fee for a therapeutic massage therapist license, the public safety director must grant or deny the application. Notice will be sent to the applicant upon a denial infoiming the applicant of the right to appeal to the city council within 14 days. If an appeal is properly made, the matter will be placed on the ne�ct available council agenda. 1188.17. Persons inelieible for license. Subdivision 1 Therapeutic massa�e enter�rise license. A therapeutic massage enterprise license may not be issued to an individual who: (a) is a minor at the time the application is filed; (b) has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Sta.tutes, section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, section 364.03, subdivision 3; (c) is not a citizen of the United States or a resident alien or has the legal authority to work in the United States; (d) is not of good moral character or repute; (e) is not the rea1 party in interest of the enterprises; (fl has misrepresenterl or falsified information on the license applica.tion; (g) owes ta��es or assessments to the state, county, school district or city that are due and delinquent Subd. 2. Theraueutic massa�e therapist license. A thera.peutic massage therapist license may not be issued to a person who cannot meet the requirements in section 1188.17 subdivision l, paragraphs (a) (g) or who is not a.ffiliated with, (ii) employed by or (iu) does not hold, a therapeutic massage enterprise license by the city or cannot meet the definition of a thera.peutic massage therapist in section 1188.03 or in 1188.11 subdivision. 2. (paragraph i). Richfield City Code 1188.19 (Rev. 1999) 1188.19. Locations ineli�ible for theraneutic massa�e entemrise license. Subdivision 1. A therapeutic massa.ge enterprise may not be licensed if the enterprise is located on properiy on which taxes, assessments or other financial claims to the state, county, school district or city are due and delinquent In the event a suit has been commenced under Miruiesota. Statutes, sections 278.01 278.13, questioning the amount of validity of taxes, the city council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. Subd. 2. Zonin� comnliance. A therapeutic massage enterprise ma.y not be licensed if the location of such enterprise is not located in one of the general commercial districts of the city and does not meet all zoning requirements. 1188.21. General license restrictions. Subdivision 1. Posting. A therapeutic massage enterprise license must be posted in a conspicuous place on the premises for which it is used. A person licensed as a therapeutic massage therapist must have in their possession a copy of the license when therapeutic massage services are being rendered. Subd. 2. Area. A therapeutic massage enterprise license is effective only for the compact and cflntiguous space specified in the approved license applica.tion. If the licensed premises are enlarged, altered or ea�tended, the licensee must inform the public safety directar. A licensed therapeutic massage thera.pist may perform on-site massage at a business, public gathering, private home or other site not on the therapeutic massage enterprise premises. Subd. 3. Affiliation with enterprise reauired. A massage therapist must be employed by, affiliated with or hold a therapeutic massage enterprise business license issued by the City unless a person or place is specifically exempted from obtaining a therapeutic massage enterprise license in section 1188.07 of this code. Subd. 4. Transfer. The license issued is for the person or the premises named on the approved license application. Transfer of a license from place to place or from person to person is not permitted. Subd. 5. Emulovment of unlicensed massaffe theranists nrohibited. No therapeutic massage enterprise sha11 employ or use any person to perform therapeutic massage who is not licensed as a therapeutic massage therapist under this code, Luiless the person is specifically exempted from obta.uiing a therapist license m Section 1188.07 of this code. Subd. 6. Coverin�s. The massage therapist must require that the person who is receiving the massage will at all times have that person's breasts, buttocks, anus and genitals covered with non-tra.nsparent ma.terial or clothing. A massage therapist performing therapeutic massage must have the therapist's breasts, buttocks, anus and genitals covered with a non-transparent material or clothing at a11 times. Subd. 7. Prohibited massa.�e. A massage therapist may not intentionally massage ar offer to massage the penis, scrotum, mons veneris, vulva or vaginal area of a person, Richfield City Code 1188.23 (Rev. 1999) 1188.23. Reslrictions resardin� sanita.tion and healtl•a. Subdivision 1. A thera.peutic massage enterprise must be equipped with adequate and conveniendy loca.ted toilet rooms for the accommodation of its employees and patrons. The toilet room must be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room must be kept clean and in good repair and be fully and adequately illuminated. Subd. 2. A therapeutic massage enterprise must provide single-service disposal paper or clean linens to cover the table, chair, furniture or area on which the patron re�eives the massage. If the table, chair or fim�iture on which a patron receives the massage is made of material impervious to moisture, such ta.ble, chair or furniture must be sanitized after each massage. Subd. 3. The thera.peutic massage therapist must wash their hands and anns with water and soap, anti-bacterial scrubs, alcohol and other disinfectants prior to and following ea.ch massage service performed. Subd. 4. Massage tables, chairs or fumiture on which the patron receives the massage must ha�e surfaces that can be readily disinfected after each massage. Subd. 5. Rooms in a therapeutic massage enterprise must be fully and adequately illuminated. Subd. 6. A therapeutic massage enterprise must have a janitor's closet that provides for the storage of cleann�g supplies. Subd. 7. Therapeutic massage enterprises must provide adequate refuse receptacles that must be emptied as required by this code. Subd. 8. Therapeutic massage enterprises must be maintained. in good repair and sanitary condition. Subd. 9. Therapeutic massage enterprises must comply with the requirements of the Minnesota Indoor Clean Air Act. Subd. 10. Therapeutic massage enterprises must take reasonable steps to prevent the spread of infections and communicable diseases on the licensed premises. Subd. 11. Therapeutic massage therapists must wear clean clothing when perforniing massage services. 1188.25. License term; renewals. Licenses expire annually on December 31st of each year. The license fee will be prorated in 30 day increments for licenses issued after June 30. The public safety director must prepare an application form for the renewal of a license requiring informa.tion that the public safety director detern�ines necessary for consideration of the renewal. The renewal application must be made no later than November 30. Within a reasona.ble period after the completion of the renewal license verification process, the public safety director shall accept or deny the license application in accordance with this division. If the application is denied, the public safety director shall notify the applicant of the determination in writing and by regular and certified mail to the address provided on the application form. The notice shall inform the applicant of their right, Richfield City Code 1188.27 (Rev. 1999) witivn 14 da.ys after receipt of the notice by the applicant, to request an appeal of the public safety director's denial to the City Council. 1188.27. Susnension; revocation. A license granted under this section may be suspended or revoked by the city council by resolution upon notice and public hearing for any violation of this Chapter, conviction of any crime or misdemeanor or any fraud, misrepresentations or incorrect statements in the license application or in the course of operating or conducting business. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a hearing. The notice shall give at least 14 days notice of the time and place of the hearing and shall state the na.ture of the charges against the licensee. The notice shall be mailed by regular and certified mail to the licensee at the most recent address listed on the license application. 1188.29. Temnorarv theranist license. Subdivision l. The public sa�ety director may issue a temporary therapeutic massage therapist license as provided in this subsection. Subd. 2. A temporary therapeutic massage therapist license may be issued to a person who: (a) is qualified to hold a massage therapist license under this code; (b) has completed the required application and paid the license fee at least 14 days prior to the effective date of the license. Subd. 3. A temporary license is effective for four consecutive days. A person may not be issued more than three tem�rary licenses during a 12 month period. 'The fee for a temporary massage therapist license is provided in appendix D. An investigation fee will be charged for temporary therapeutic massage therapist licenses and is also provided in appendix D. 1188.31. Hours of onera.tion. A licensed therapeutic massage enterprise may not operate for business between the hours of 10:00 o'clock p.m. and 8:00 dclock a.m. of any da.y. 1188.33. Insnections. A peace officer or any properly designated employee of the City or the state of Minnesota ma.y enter, inspect and search the business premises of any therapeutic massage establishment, during business hours without a wairant. Page 1 of l Camille Worley Barb Bogen [bbogen�ci.maple-grove.mn.us] Thursday, August 03, 2006 10:01 AM To: Camille Worley Subject: RE: Massage License ;amille, :egulations for Maple Grove's Massage Services can be found on the City's website in the City Code under Article VII �Iassage Services. Maple Grove's website is www.ci.manle-�rove.mn.us. If you have any questions, feel free to contact Ze. �arb Bogen ;oning Enforcement Officer ;ity of Maple Grove '63-494-6044 'rom: Camille Worley [mailto:cworley@ci.brooklyn-center.mn.us] �ent: Thursday, August 03, 2006 9:22 AM 'o: Barb Bogen �ubject: Massage License k you for your help, I am sorry I did not receive your prior emaiL ;a wc.�l,l.e wor�e� �eput� c�t� c�er�, :�t� o f groo�,I.�w cewter �63-�6J° -3308 i )8/03/2006 ►RTICLE VI�. MASSAGE SERVICES* Page 1 of 9 ►�LE VII. MASSAGE SERVICES* *Cross references: Insurance requirements for massage services, 16-438. iec. 10 Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them ir iis section, except where the context clearly indicates a different meaning: Adequate and approved mean acceptable to the county health inspector following his determination as tc onformance with public health practices and standards. Hea/th care facifity or provider means any person providing medical, surgical, dental, chiropractic or osteopathi� �ervices, or physical therapy services pursuant to a prescription therefor, wherein practitioners are licensed by the state uch as, but not limited to, a hospital, sanitarium, rest home, nursing home, boarding home, or other institution for thE �ospitalization or care of human beings duly licensed under the provisions of Minn. Stats. 144.50--144.69. Massage means the method of treating the superficial parts of the human body of another by rubbing, pressing �troking, kneading, tapping, pounding, vibrating, or stimulating with the hands or any instrument for hire or fo :onsideration. The term "massage" shall not include such activities when performed exclusively on a person's han� �nd/or foot in conjunction with a manicure or pedicure. Massage business means the offering of massage services to the general public, regardless or whether the offe ;�ed only to select invitees or organizational members. Masseur means a male person who practices or administers massage. Masseuse means a female person who practices or administers massage. Operate means to own, manage or conduct. Sanitary means free from pathogenic micro-organisms. Wifhin the city means physical presence as well as telephone referral situations, such as a"phone-a-message ype operation, in which the business premises, although not actually located within the city, serves as a point c issignment of employees who respond to requests for services from within the city. Code 1984, 426:00) Cross references: Definitions generally, 1-2. iec. 10 Penalty. Every person who commits or attempts to commit, conspires to commit or aids or abets in the commission of an �ct constituting a violation of this article or any rule promulgated thereunder, whether individually or in connection wit me or more other persons or as principal, agent, or accessory, shall be guilty of a misdemeanor and, upon convictior �hall be punished in accordance with section 1-13. Every person who falsely, fraudulently, forcibly or willfully induce: :auses, coerces, permits or directs another to violate any of the provisions of this article or any rule promulgate hereunder is likewise guilty of a misdemeanor. 1984, 426:48) �ec. 10-183. License required. ittp://library4.municode.com/mcc/DocView/13556/1/44/51 08/03/20o �RTIC7.,E Vii. MASSAGE SERVICES* Page 2 of S Except as may otherwise be provided in this article and with the exception of health care facilities or providers, i� hall be unlawful for any person to operate a massage business or to personally perform massage services or to holc n' self out as being a masseur or masseuse within the city unless such business or individual performing massage s is currently licensed under this article. Employees of a massage business must be separately licensed tc e rm personal massage services under this article if they perform such services. �ode 1984, 426:03) �ec. 10-184. Filing and contents of license application. (a) Every application for a license under this article shall be filed with the director of community development Each application shall be made on a form supplied by the city and shall contain the following information: (1) Business licenses. a. Whether the applicant is a natural person, a corporation, a partnership, or other form o organization. b. If the applicant is a natural person: 1. The true name, place and date of birth, address and phone number of the applicant. 2. Whether the applicant has ever used or has been known by a name other than his tru� name, and, if so, what was such name and information concerning dates and places when used. 3. The name of the business if it is to be conducted under a designation, name or styl� other than the full individual name of the applicant; in such case, a certified copy of th certificate as required by Minn. Stats. ch. 333 shall be aftached to the application. 4. The street address at which the applicant has lived during the preceding five years. 5. The kind, name and location of every business or occupation the applicant has bee engaged in during the preceding five years. 6. The names and addresses of the applicant's employers and partners, if any, for th preceding five years. 7. Whether the applicant has ever been convicted of any felony or other crime or violatio of any ordinance other than traffic ordinances. If so, the applicant shall furnish informatio as to the time, place and offense for which convictions were had. 8. The physical description of the applicant. 9. The applicant's training or experience in performing massage services. 10. The name of the manager or proprietor or other agent in charge of the business to licensed. c. If the applicant is a partnership: 1. The names, addresses and interest of all partners and all information concerning eac partner as is required of an individual applicant in subsection (a)(1)b of this section. 2. The name of the manager or proprietor or other agent in charge of the business to k licensed. 3. A true copy of the partnership agreement, which shall be submitted with the applicatio If the partnership is required to file a certificate as to a trade name under the provisions Minn. Stats. ch. 333, a certified copy of such certificate shall also be attached. d. If the applicant is a corporation or other organization: 1. The name and, if incorporated, the state of incorporation. 2. A true copy of the certificate of incorporation, articles of incorporation or associatic agreement, and bylaws, which shall be attached to the application. If a foreign corporatio lttp://library4.municode.com/mcc/DocView/13556/1/44/51 08/03/20( .RTICLE VIl. MASSAGE SERVICES* Page 3 of 9 a certificate of authority, as described in Minn. Stats. ch. 303, shall also be attached. 3. The name of the manager or proprietor or other agent in charge of the business to be licensed and all information concerning such persons as is required in subsection (a)(1)b oi S this section. 4. A list of all persons who are officers or directors of the corporation or organization o� who control or own an interest in excess of five percent in such corporation or organization; and all information concerning such persons as is required in subsection (a)(1)b of thi� section. e. Whether the applicant is licensed in other communities to run similar businesses, and, if so where. f. The names of those individuals to be licensed and working for the applicant who may work ir the city. g. Whether the applicant has previously been denied a massage license or had such a license o permit suspended or revoked, along with an explanation of any such denial, suspension o revocation. h. The names, residences, and business addresses of three residents of the county, of gooc moral character, not related to the applicant or financially interested in the premises or business who may be referred to as to the applicant's and/or manager's character. i. The address and legal description of the business premises. j. Such other information as the city council may require. (2) Personal se►vice licenses. a. All information required under subsections (a)(1)a, b, e, g, h, and j of this section. b. Proof acceptable to the city that fhe applicant: 1. Has current insurance coverage as provided in chapter 16, article XII; 2. Is affiliated with, employed by, or owns a massage business licensed by the city or i exempt from such requirement; and 3. Has completed 400 hours of certified therapeutic massage training, or has one year c experience practicing massage therapy as established by affidavit. c. The location where the applicant will perform massage services, which location must conforr with sections 10-193 and 10-194 unless otherwise provided in this article. (b) The applicant and licensee shall have a continuing duty to immediately disclose to the city any change in th information supplied in the application. Code 1984, 426:06) iec. 10 Execution of license application. All applications for a license under this article, whether for business or personal service, shall be signed an �worn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if by a corporatioi >y an officer thereof; if by a partnership, by one of the partners; and if by an unincorporated association, by the managE �r managing officer thereof. Code 1984, 426:09) iec. 10 Fees. (a) Each application for a license under this article shall be accompanied by payment in full of the requirE license fee as specified in section 16-81. Upon rejection of any application for a license, the city shall refund tr amount paid. No other refunds shall be made. ittp://library4.municode.com/mec/DocView/13556/1/44/51 08/03/20( RTICLE VII' MASSAGE SERVICES* Page 4 of 9 (b) At the time of each original application for a license (not a renewal application), there shall be paid in full an investigation fee in the amount specified in section 16-81. No investigation fee shall be refunded. I 984, 426:12) �ec. 10 Ineligibility for license. No license shall be issued under this article to the following: (1) An individual less than 18 years of age. (2) An individual who has been convicted of prostitution or any other crime or violation involving moral turpitude. (3) Any other person whose application lists one or more individuals who have been convicted oi prostitution or any other crime or violation involving moral turpitude. (4) Any premises currently licensed in accordance with article XIII of this chapter or currently licensed tc sell alcoholic beverages in accordance with chapter 4. �ode 1984, 426:15) �ec. 10 Processing of license application; granting or denial of license. (a) Business licenses. Applications for business licenses under this article shall be processed as follows: (1) Investigation and report. Complete applications shall be referred to the chief of police and to suct other city departments as the city council shall deem necessary for v�rification and investigation of the facts set forth in the application. Within 15 business days of such referral, the chief of police and othe consultants shall make a written recommendation to the city council as to issuance or non-issuance of thE license. The city council may order and conduct such additional investigation as it deems necessary. (2) Publication of notice of hearing. Upon receipt of the written report and recommendation by the chie of police and within 20 days thereafter, the city shall cause to be published in the official newspaper notic� of hearing to be held by the city council. The notice shall be published at least ten days in advance of th� hearing, and it shall set forth the day, time and place when the hearing will be held, the name of th� applicant, the premises where the business is to be conducted, the nature of the business, and such othe i�formation asthe council may direct. (3) Mailing of notice of hearing. a. At least 15 days before a public hearing on an application for a license, the city shall send b mail notice of the time, place and purpose of such hearing to all owners and occupants of propert within 350 feet of the main entrance of the establishment to be licensed and all communit organizations that have previously registered with the city c{erk, the 350 feet being calculated an computed as the distance measured in a straight line in the same manner as set forth in sectio 10-191(n). b. Prior to the hearing date, the city council shall receive a list of the names and addresses c each person to whom notice was sent, and certification of such list by the clerk shall be conclusiv evidence of such notice. c. The failure to give mailed notice to such owners or occupants within 350 feet, or defects in th notice, shall not invalidate a license provided a bona fide attempt to comply with this subsectio has been made. A bona fide attempt is evidenced by a notice addressed to "owner" and 1 "occupanY' of the listed address. (4) Determination by councit. The city council shall make the determination whether to approve or der the license. Any denial shall be communicated to the applicant in writing, specifying the reasons fi denial. (5) Renewal applications. Not less than ten days and not more than 30 days after the date for submittir http://library4.municode.com/mcc/DocView/13556/ 1 /44/51 08/03/20( .RTICLE VII MASSAGE SERVICES* Page 5 of 9 complete renewal applications, the city council shall hold a public hearing. Notice of the time and place of such hearing and the fact that a renewal application shall be considered shall be published in the official newspaper ten days in advance of the hearing. Opportunity shall be given to any person to be heard for or against the granting of a renewal license by the city council. (b) Personal service /icenses. Applications for personal service licenses shall be processed as follows: (1) Investigation. Complete applications shall be referred to the chief of police and to such other departments as the city council shall deem necessary for verification and investigation of the facts sei forth in the application. Within 15 business days of such referral, the chief of police and other consultants shall make a written recommendation to the city clerk regarding issuance of the license. The city clerk may conduct or authorize such additional investigation as he reasonably deems necessary. (2) Determination by council. Upon receipt of the written report and recommendation by the chief oi police and within 15 business days thereafter, the city council shall make the determination whether tc approve or deny the license. Any denial shall be communicated to the applicant in writing specifying the reasons for denial. The applicant may appeal this denial to the city clerk within ten days of the date of thi; deniaL (3) Renewa/. Complete applications for renewal of licenses shall be submitted to the city clerk at leas 30 days prior to the expiration of the license. The city's determination regarding approval or denial of thE license renewal shalt be communicated to the applicant in writing, specifying the reasons if the license i: denied. The applicant may appeal the denial in accordance with the procedure specified in section 1-14. (c) Criteria for issuance. The city council shall afford the applicant and all interested parties a public hearing and shall have the discretion to consider the following in granting, denying, renewing, or declining to renew license: (1) The character and suitability of the area in which the licensed premises is to be located. (2) The proximity of the site for the massage business to churches, schools, playgrounds, parks or othe community facilities that may be adversely affected. (3) Numbers and proximity of existing massage businesses so as not to cause excessive concentratioi in an area. (4) Traffic congestion and parking problems. (5) Fraud or deception in the license application. (6) History of violations of laws or ordinances that apply to health, safety, welfare or moral turpitude. (7) Bad repute. (8) Convictions of crimes or offenses invoiving sexual misconduct. (9) Any other matter deemed by the city council to be relevant to protection of the public's health, safet and welfare. Code 1984, 426:18) 3ec. 10-189. Term of license. (a) All licenses issued pursuant to this article shall be valid for one year or part thereof and shall expire c January 31. Complete renewal applications shall be filed with the city clerk before January 1. (b) When a licensee makes application for renewal of a current license and pays the required fee to the issuir authority on or before the termination date, the licensee is authorized to operate until such time as the license either renewed or denied. ;�e 1984, 426:21) 5ec. 10-190. Transfer of license. httt�://library4.municode.com/mcc/DocView/13556/1/44/51 08/03/20( ,RTICLE VIf MASSAGE SERVICES* Page 6 of 9 Each license issued under this article shall be issued to the applicant only and shall not be transferable to another older or location. No licensee shall loan, sell, give or assign a license to another person or location. �1984, 426:24) �ec. 10 Operation of business; license conditions. (a) No massage business shall employ or use any person as a masseur or masseuse unless such person i; licensed for perForming personal services by the city. (b) Except with respect to health care facilities or providers, no customers or patrons shall be allowed to enter o remain upon the licensed premises, nor shall any massage or massage business be offered or conducted, afte 10:00 p.m. and befoce 8:00 a.m. daily. (c) Any person acting as a masseur or masseuse in any massage business shall have his license or a true cop� thereof displayed in a prominent place on the licensed premises. (d) Each personal service licensee shall perform massage service only in an establishment licensed pursuant t� this article or an establishment exempted from a license under this article. (e) No licensee shall discriminate on grounds of race, creed, color, sex, national origin or ancestry in performirn services ofFered by the licensee. (fl The person who is receiving the massage shall at all times have his buttocks, anus and genitals covered witl a nontransparent covering, and no other person shall touch any such area. (g) Any masseur performing any massages shall at all times have his anus, buttocks and genitals covered with nontransparent material. Any masseuse performing massages shall at all times have her breasts, buttocks, anu and genitals covered with a nontransparent material. (h) Every employee of any licensee shall at all times be covered as provided in subsection (g) of this sectio according.to the employee's sex. (i) No personal service licensee shall solicit business in any public place or in any licensed liquor establishmer within the city. If a business license or personal service license is under suspension or revocation, the licensee c former licensee, as the case may be, shall not solicit business or offer or agree to perform massage services, nc shall any business licensee affected by a suspension or revocation of such license allow, encourage, or dire� any employee to solicit business or offer or agree to perform massage services within the city. (j) Where a reasonable basis is found by the city council to impose other reasonable restrictions upon a licens� taking into consideration one or more of the facts or circumstances set forth in section 10-188(c), the city counc may upon issuance or renewal of a license impose such additional reasonable conditions and restrictions on th manner and circumstances under which the licensed activity shall be conducted to preserve the public peace ar protect and promote the public's health, safety, welfare, goodorder and security. (k) The licensee is responsible for the conduct of himself, his business and his employees. (I) The licensee shall engage in practices designed to ensure cleanliness and health and which are designed resist anything detrimental to the public's health, safety or welfare. (m) No person, whether as a licensee or employee or agent thereof or otherwise, shall engage or offer engage in any specified sexual activity, as defined in section 10-441, or engage or offer to engage in any activi prohibited by statute, ordinance, regulation or rule, on the licensed premises or in connection with a massage massage business. (n) Except as otherwise provided in this article, no person shall operate a massage business or practice administer massage in or within 750 feet of any premises currently licensed in accordance with this article, artic XIII of this chapter, or chapter 4. Measurements shall be made in a straight line, without regard to intervenir structures or objects, from the nearest point of the lot containing or to contain the massage business or practi� to the nearest point of the lot containing one of the mentioneduses. In addition, no massage business or practi� may be located in or on any building premises or lot already containing a massage business or practice. (Code 1984, 426:27) http://library4.municode.com/mcc/DocView/13556/1/44/51 08/03I20i .RTIC�,E VI�. MASSAGE SERVICES* Page 7 of 9 0-192. Suspension or revocation of license. The city council may suspend or revoke a license issued under this article. _Any suspension or revocation of a �ense shall be accomplished in accordance with the procedure specified in sections 10-7 and 10-8. In addition, the ouncil may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 30 ays, which suspension shall be communicated to the licensee personally or by leaving the notification at the licensed remises with the person in charge thereof. Any oneof the following shalf be grounds for suspension or revocation of a cense: (1) Failure to comply with any of the ordinances of the city, rules promulgated thereunder, or statutes o1 state. (2) Control or possession by the owner, manager, lessee or any employee of the massage business o' any alcoholic beverages or narcotic drugs or control�ed substances on the premises, possession of whicl is illegal as defined by state statutes or city ordinances. (3) Conviction of the owner, manager, lessee, or any employee of the massage business of a violation o� any ordinance or state statute or any rule promulgated under either, arising on the premises to which the license was granted under this article. m lo ee of the massa e business of prostitution o or an e 9 (4) Conviction of the owner, manager, lessee y p Y an other crime or violation involving moral turpitude or sexual misconduct. Y (5) Failure to promptly notify the director of community development of any change in the information o facts required to be submitted in connection with an application for a license. (6) Failure of the premises to comply with the health, safety and building regulations of the city and state (7) Presence of the massage business being found to be detrimental to the health, safety or welfare c the citizens of the city. (8) Evidence of a•material variance, without prior approval of the city council, in the actual plan arn design of the premises from the plan submitted pursuant to section 10-193 or from the original design c the premises when initially licensed. Code 1984, 426:30) �ec. 10-193. Approval of plans and specifications for massage parlors and saunas. All persons who hereafter construct, extensively remodel or convert buildings or facilities for use as a massag >arlor or sauna shall conform and comply in their construction, erection or alteration with the requirements of this article �lans and specifications for such layout, arrangement and plumbing and construction materials of the sauna an nassage areas, and location, size and type of equipment and facilities, shall be filed by the owner in the buildin iepartment. A building permit shall not be issued for any such construction, remodeling, or alteration until such perm �hall have the approval of the building official or his agents. Code 1984, 426:33) 3ec. 10-194. Construction and maintenance of premises used for massage business. (a) Wal/s and other surfaces. All massage rooms, locker rooms, restrooms and bathrooms used in connectic with a massage business shall be constructed of smooth and easily cleanable materials which are resistant 1 moisture, bacteria, mold or fungus growth. The floor-to-wall and wall-to-wall joints shall be constructed to provic a sanitary cove with a minimum radius of one inch. (b) Restrooms. Separate restrooms shall be provided for each sex. Each restroom shall be provided wi� ventilation as required pursuant to the building code in force in the city pursuant to chapter 8, article II, a minimu of 15 footcandles of illumination as measured 30 inches from the floor, a handwashing sink equipped with hot ar cold running water under pressure, sanitary towels and a soap dispenser. Waste shall be removed from eac http:/1library4.municode.com/mcc/DocView/13556/1/44/51 08/03/2Q( .RTIC�,E VI� MASSAGE SERVICES* Page 8 of 9 restroom a# least daily. (c) Janitor's c/oset. Each facility connected with a massage business shall have a janitor's closet which shall be provided for the storage of cleaning supplies. Such a closet shall have mechanical ventilation with finro cfm pei square foot of floor area and a minimum of ten footcandles of illummation as me asured 30 inches from the floor Such closet shall include a mop sink. (d) Maintenance and sanitation generally. Floors, walls and equipment in massage rooms, restrooms anc bathrooms used in connection with the massage business must be kept in a state of good repair and sanitary a all times. Linens and other materials shall be stored at least six inches off the floor. Sanitary towels, washcloths cleaning agents and toilet tissue must be made available for each customer. (e) Lockers. Individual lockers shall be made available for use by patrons. Such lockers shall have separatE keys for locking. Separate locker rooms shall be provided for each sex. (fl Massage rooms. Doors on massage rooms shall not be locked or capable of being locked. No locks, latche: or other devices intended to secure a door so as to prevent its being opened by any person from either side of th� door with or without a key may be present on any doors on massage rooms. All massage rooms shall b� constructed with air space between partitions and the ceiling, and be clearly identified by signs. Code 1984, 426:36) iec. 10-195. Inspections. During any hours in which any person is present on the licensed premises, all massage businesses shall be ope inspection by county health and city building and license inspectors and police officers. Upon demand by any polic >fficer, any person engaged in providing services in any licensed premises shall provide his true legal name and correc iddress. Failure to allow an unimpeded inspection or failure to provide true name and address information shall be �iolation of this article. 1984, 426:39) 3ec. 10-196. Authority to make additional rules and regulations. The city council shall make such rules and regulations as are reasonably necessary to the safe and sanitai �peration of massage businesses. Such rules and regulations shall be effective when filed in the office of the city clerl �nd amendments thereof shall be effective 20 days after being so filed. Violations of such regulations shall be nisdemeanor and shall be sufficient grounds for suspension or revocation of any and all licenses issued pursuant to th �rticle. Code 1984, 426:42) 5ec. 10 Exceptions. (a) No business license shall be required for any premises where massage is offered as an accessory use if meets the following criteria as evidenced by affidavits and other documents submitted to and reasona� acceptable to the city: (1) The principal activity of the business shall not be massage. (2) No more than 25 percent of the establishmenYs annual gross revenue shall be derived from massac as shown by financial statements certified as being true and correct by an independent certified pub accountant. a. Such statements shall be filed each year with the director of community development by tl person who operates the business establishment. b. Such filing shall be made within 30 days of the end of the establishment's fiscal year and sh be for the fiscal year just completed. c. The city council may require additional or more frequent financial filings when deemed by it �http://library4.municode.com/mcclDocView/13556/1/44/51 08/03/20 RTICLE VII� MASSAGE SERVICES* Page 9 of 9 be necessary to determine compliance with this subsection. d. All filings pursuant to this subsection shall be prepared at the expense of the person who operates the business establishment. (3) All persons performing massage must possess a valid personal services license issued by the city. (4) The rooms where massage is performed shall not have an exclusive entrance from or exit to the exterior of the building in which the principal business is located or to a public concourse or public lobby. Notwithstanding this restriction, massage may be perFormed by a licensed individual at the residence o� business of the person receiving the massage, but may not be performed or offered at any premise� requiring a license pursuant to article XIII of this chapter or chapter 4. (5) All fees or other consideration derived from performing massage shall be received by and be accounted for by the proprietor of the principal business. (6) All individuals performing massage in connection with the business shall be employees of the principal business or shall be independent contractors or agents who perform massage pursuant to written agreement with the owner of the principal business. (b) No business license shall be required for an individual who does not maintain a business premises within the city and who performs massage solely at the residence or busir�ess of the person receiving the massage. Suct individuals, however, shall possess a valid personal services license, shall not employ any individuals ir connection with #he practice of massage, and shall not offer or perform massage at any premises requiring license pursuant to article XIII of this chapter or chapter 4. (c) All other provisions of this article and this Code shall apply except those which by their nature canne reasonably be applied to the persons and premises exempted from a business license. Code 1984, 426:45) 10-198--10-220. Reserved. http:/Ilibrary4.municode.com/mcc/DocView/13556/1/44/51 08/03/201 Sec. 16-438. Massage services. (a) Prior to the issuance of a license under section 10-184(a)(2), perta.ining to personal licenses for massage services, the applicant shall submit proof to the city in the form of ins�rance policies or certificates of insurance acceptable to the city, and issued by insurance companies authorized to do business in the state, for the following policies: (1) Professional liability in the practice of massage for a minimum limit of $1,000,000.00. (2) General liability for bodily injury and property damage liability with minimum combined single limits as follows: TABLE INSET: General aggregate $300,000.00 Each occurrence 300,000.00 Medical expense (each person/aggregate) 1,000.00/10,000.00 (3) Workers' compensation and employers' liability as required by the state. (b) Should any of the policies be canceled or not renewed before the expiration date thereof, the issuing company shall mail 30 days' written notice to the city clerk, except such notice shall be ten days for nonpayment of premium. (c) The insurance policies shall be written with an insurance company having a minimum Best's Key Guide of A-VII, or as approved by the city's insurance agent. (Code 1984, 426:06(2)(b)(1)) Cross references: Massage services, 10-181 et seq.