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HomeMy WebLinkAbout2005 11-28 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION November 28, 2005 6:00 P.M. City Council Chambers 1. and City Council Discussion of Agenda Items Questions a Y Q g 2. Discussion of Work Session Agenda Items as Time Permits 3. Miscellaneous 4. Adjourn I CITY COUNCIL MEETING City of Brooklyn Center November 28, 2005 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. 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. October 24, 2005 Regular Session 2. November 14, 2005 Executive Session 3. November 14, 2005 Study Session 4. November 14, 2005 Regular Session 5. November 14, 2005 Work Session b. Licenses CITY COUNCIL AGENDA -2- November 28, 2005 C. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2005 -11, Contract 2005 -F, Freeway Boulevard Bridge Deck Rehabilitation, Bridge No. 27581 d. Resolution Amending the 2005 Central Garage Budget to Provide for the Early Order/Purchase of Five 2006 Ford Crown Victoria Police Patrol Vehicles 8. Public Hearing a. Consideration of Renewal Application for a Currency Exchange License Submitted by Money Centers Holdings LLC, 6219 Brooklyn Boulevard Resolution Authorizing Issuance of a Currency Exchange License to Money Centers Holdings LLC, 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota -Requested Council Action: —Open the Public Hearing. —Take public input. —Close the Public Hearing. Motion to adopt resolution. 9. Planning Commission Item a. Planning Commission Application No. 2005 -017 Submitted by Industrial Fund 1, LLC. Request for Preliminary Plat approval to divide the property located at the northeast corner of Freeway Boulevard and James Avenue North (1600 -1700 Freeway Boulevard) into two lots. The Planning Commission recommended approval of this application at its November 17, 2005, meeting. -Requested Council Action: Motion to approve Planning Commission Application No. 2005 -015 subject to the conditions recommended by the Planning Commission. 10. Council Consideration Items a. 2006 City Council Meeting Schedule -Requested Council Action: Motion to adopt 2006 City Council meeting schedule. b. 2006 Utility, Street Light, and Recycling Rates 1. Resolution Adopting 2006 Sewer Utility Rates, Fees and Charges -Requested Council Action: Motion to adopt resolution. 2. Resolution Adopting 2006 Water Utility Rates, Fees and Charges Requested Council Action: Motion to adopt resolution. CITY COUNCIL AGENDA -3- November 28, 2005 3. Resolution Adopting 2006 Street Light Rates and Charges Requested Council Action: Motion to adopt resolution. 4. Resolution Adopting 2006 Recycling Rates -Requested Council Action: Motion to adopt resolution. 11. Adjournment s City Council Agenda Item No. 7a 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 OCTOBER 24, 2005 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 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Acting City Manager Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. Mayor Kragness opened the meeting for the purpose of Informal Open Forum. No one wished to address the Council. Informal Open Forum closed at 6:47 p.m. 2. INVOCATION A moment of silence was offered for the Invocation. 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 Acting City Manager Curt Boganey, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 10/24/05 -1- DRAFT 1 5. PLEDGE OF ALLEGIANCE s The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Carmody reported she attended the Shingle Creek and West Mississippi Watershed Management Commission meetings and the Earle Brown Days wrap -up meeting. Councilmember Lasman reported attending the following meetings: *October 18 Park and Recreation Commission meeting possibly moving striping the trails in Palmer Lake area to next year's budget vandalism in Lions Park replacing dugouts with at -grade benches with chain -link fence back supports for higher visibility studying various park fees and permits •October .19 Crime Prevention meeting annual block watch captain's recognition ceremony will be held on November 16 at 7 p.m. in Phil Cohen Room, Community Center -the business community is working with the Police Department in developing a Business Watch similar to Neighborhood Watch and will be meeting on November 4 -the Crime Prevention Program is not funded by the City, but by donations and fundraising •October 20, 2005 Special Events Committee meeting -theme for the February 4, 2006, 95th birthday party /awards dinner will be "95 and Alive" with performance by Brooklyn Center High School Jazz Band and dance music by Dale Greenwald, tickets can be purchased at the Community Center *October 22, 2005 Brooklyn Center Fire Relief Association Pancake Breakfast -held at Applebee's with proceeds to the Brooklyn Center Fire Prevention Program Councilmember O'Connor reported she attended the Housing Commission meeting, and she said that Chair Judy Thorbus met with the Mayor and City Manager to discuss possibly meeting with the City Council. She said the issues for 2006 are the Opportunity Site and communications with new homeowners as to how to be a good homeowner in Brooklyn Center. She stated Councilmember Carmody attended the meeting and had said that the Housing Commission might be disbanded. Councilmember Carmody responded that she did not say that. She said there was a lot more to the discussion and she had said disbanding the Commission was an option. Councilmember O'Connor said that one of the members of the Housing Commission said the Council should value the Housing Commission's input. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember O'Connor requested removal of Item No. 7e, Provisional License Renewal 5240 Drew Avenue North, from the Consent Agenda. 10/24/05 -2- DRAFT Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda as amended, with amendments to the October 10, 2005, Study and Work Session minutes as discussed in the Study Session and removal of Item No. 7e from the Consent Agenda to Council Consideration Item No. 10d and the following consent items were approved: 7a. APPROVAL OF MINUTES October 10, 2005, Study, Regular, and Work Session. 7b. LICENSES COMMERCIAL KENNEL Brooklyn Pet Hospital 4902 France Ave N Cutting Edge Pet Care Inc. 4900 France Ave N Pandora's Box Veterinary Clinic 4902 France Ave N MECHANICAL Automatic Garage Door Fireplace 8900 109th Ave N, Champlin Benck Mechanical Inc 628 230th Ave, Somerset, WI RENTAL Renewal: 4619 66th Ave N Michael Barlow 6401 Scott Ave N Glen Berscheit Initial: 4006 61 st Ave N Walter Harfiel 5742 Fremont Ave N Bruce Goldberg 5528 Humboldt Ave N Bruce Goldberg 6825 -27 Noble Ave N Christian Vitale 7013 Regent Ave N Dang Yang SIGNHANGER Leroy Signs 6325 Welcome Ave N, Brooklyn Park 7c. APPROVAL TO DISPOSE OF SURPLUS FIRE RADIOS TO SMALL RURAL FIRE DEPARTMENTS IN THE STATE OF MINNESOTA 7d. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE FOR DOUGLAS METAL SPECIALTIES, 4906 AND 4912 FRANCE AVENUE NORTH Motion passed unanimously. p y 10(24/05 -3- DRAFT J 8. RANDOM ACTS OF KINDNESS PRESENTATION OF RECOGNITION AND CERTIFICATE CEREMONY While each of the Council Members read the nominations, Mayor Kragness presented Random Acts of Kindness certificates to those persons who were nominated as follows: Boyce Bible, Gail and Keith Danielson, Terry Gunderson, and Janice Jungwirth. Persons who were nominated but not present were: Blain Byrd, Tom Corwin, Doris Johnson, Luis Perez Ortiz, and Bill Varhol. 9. PUBLIC HEARINGS 9a. AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE OF ORDINANCES RELATING TO PARKS AND RECREATION ORDINANCE NO. 2005 -10 Acting City Manager Curt Boganey said this is the second reading on the proposed ordinance amendment that was recommended by the Park and Recreation Commission, and it includes a variety of housekeeping modifications to the City's ordinance governing the use of its parks. Councilmember Carmody moved and Councilmember Niesen seconded to open the Public Hearing. Motion passed unanimously. No public input was offered. Councilmember Lasman moved and Councilmember Carmody seconded to close the Public Hearing. Motion passed unanimously. Cowncilmember Niesen moved and Councilmember Carmody seconded adoption of ORDINANCE NO. 2005 -10 Amending Chapter 13 of the City Code of Ordinances Relating to Parks and Recreation. Motion passed unanimously. 9b. AN ORDINANCE RELATING TO RENTAL DWELLINGS AND NON CONFORMING USES; AMENDING CITY CODE SECTIONS 12- 901,12 -902, AND 35 -11— ORDINANCE NO. 2005-11 Mr. Boganey stated this is the second reading regarding the proposed amendments to the City's rental ordinance. He said the ordinance was presented to the City Council at its September 26 meeting and was published in the local newspaper. He said the changes relate to dealing with non- conforming uses and brings the City's ordinance into compliance with State Statutes, as well as changes related to withdrawal of an application prior to a license being issued. 10/24/05 -4- DRAFT Councilmember Niesen moved and Councilmember Carmody seconded to open the Public Hearing. 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 Carmody seconded adoption of ORDINANCE NO. 2005 -11 Relating to Rental Dwellings and Non Conforming Uses; Amending City Code Sections 12 -901, 12 -902, and 35 -111. Councilmember Carmody said the Housing Commission Chairperson had inquired about this ordinance amendment at the last Housing Commission meeting, and she requested that an explanation of what the change effectively does be sent to the Housing Commission Chairperson. Mr. Boganey responded affirmatively. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING APPRECIATION FOR ASSISTANCE PROVIDED BY THE CITY OF PLYMOUTH RESOLUTION NO. 2005-153 Mayor Kragness read the resolution. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -153 Expressing Appreciation for Assistance Provided by the City of Plymouth. Motion passed unanimously. IOb. PROPOSED RESOLUTION FROM NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION RESOLUTION NO. 2005-154 Mr. Boganey said the City received materials from Northwest Suburbs Cable Communications Commission, including a resolution to support continued authority of local government regulations regarding franchising of cable services. He said there is an interest by the federal and state government to open up more opportunities for telecom businesses to operate within City limits and to provide video on demand and other services, which are very similar to cable services. He stated it is the concern of the Commission that if this legislation is adopted it could impact the City's ability to continue to provide the services that it does and to have control over those services, as well as the revenue stream that current franchise companies are required to provide to franchise cities to support public educational and governmental television. 10/24/05 -5- DRAFT Rex Newman, Brooklyn Center's Northwest Suburbs Cable Communications Commission representative, addressed the Council and said the resolution is not a change in policy, but there are organizations working to get in the broadband market. He said there is discussion in the State legislature regarding freeing up the current franchise system throughout the State of Minnesota. He said the Commission's attorney thinks it is more of a threat this time than it was five years ago. He stated the Commission is looking for flexibility to keep doing what it is doing and keeping decisions made at the local level. He said the resolution is a stronger affirmation of what the Commission has been doing for about twenty years. Councilmember Lasman said protection of local authority is something that needs to be supported. She said local decisions make the most sense because local authorities understand local problems. Mr. Newman said there are other communities that could potentially benefit from some of these advanced installations, but those communities are supportive of the Commission. Councilmember Carmody stated the last time this came up, which was about eight years ago, there was the issue of digging up the side of the road to install the wiring for each cable. She said that was a problem for the City and County roads and the mess and inconvenience it would create during installation. She said the new proposed legislation does not address this issue and how they would accommodate the installation. Mr. Newman said there is language that refers to that issue about not being any more burdensome or any more favorable. Councilmember Carmody said she would be opposed to having competition because it will cost the City and residents more in infrastructure costs and the City wouldn't get the revenue from it. Mayor Kragness said this resolution is basically telling our representative in Congress that the City does not favor additional companies within our City, the loss of revenue, and the loss of coverage of cablecasting our meetings, and requests the authority regarding franchising of cable services be left at the local level Councilmember O'Connor noted that currently the households with cable have a cable that is above ground and asked if there are three companies with a proposal for underground cable. Mr. Newman responded affirmatively. Councilmember O'Connor asked how the expenses for Channel 12 and public access television are covered. Mr. Newman said there is a five percent franchise fee and a small subscriber fee, which he said are also under review. Mr. Newman said he believes there is a misconception that if the marketplace were opened up, then the cable costs would be lowered. Councilmember O'Connor asked if Channel 12 and public access television would cease if competition were brought in. Mr. Newman said the competition would have to join the consortium 10/24/05 -6- DRAFT if the Commission is able to keep its current rules. Councilmember O'Connor said it is extravagant to have a separate building for people to make their own television shows. She noted that the statistics for Channel 12 indicate a small amount, approximately 36, people watching the Council meetings. Mr. Newman responded that viewership is being reviewed, and at the last meeting there was an internet provider that presented how Council meetings could be viewed over the internet and then people could watch the meetings anytime they want. Mayor Kragness said Northwest Community Television offers educational classes at no cost and people can record their own programs. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -154 to Support Continued Authority of Local Government Regarding Franchising of Cable Services. Councilmember Carmody said the infrastructure costs could be quite high if there is a lot of competition. She stated the City shouldn't have to bear those costs and there needs to be more restrictions on it. Councilmember Niesen said the Northwest Suburbs Cable Communications Commission does a great job and had volunteered to learn how to operate a camera for some shows during the holiday season, and it is alearning experience and offers communications skills. She also agrees that local control over cable access promotes and supports freedom of speech. Councilmember Lasman said it is important to retain local control to cablecast the Council meetings, which is an outreach effort for the residents that is valued. Councihrnember Niesen said maybe more advertising or publicizing is needed to increase the viewership. Councilmember O'Connor voted against the same. Motion passed. IOc. RESOLUTION ACCEPTING 2005 ANNUAL DEER MANAGEMENT IMPLEMENTATION PLAN REPORT AND ADOPTING THE CITY MANAGER RECOMMENDATIONS THEREIN RESOLUTION NO. 2005- 155 Mr. Boganey said the City Council adopted a deer management plan a few years ago and there were two deer hunts, with the most recent being December 2004. He stated the hunt was not as successful as expected and, therefore, it is recommended to have another deer harvesting period but to move it into January 2006, which that will afford the bow hunters a much better opportunity to reduce the herd. He said it is also recommended that the hunt be expanded to include the Kylawn Preserve park area, as the most recent aerial survey shows the number of deer in the southeast part of the City continues to grow. 10/24/05 -7 DRAFT Councilmember O'Connor referred to the report and noted there were 16 accidents with deer in Brooklyn Center in 2005. She said in the Palmer Lake area the hunters shoot into the basin area and inquired how the hunters would hunt in the Kylawn Preserve area. Mr. Boganey responded that the Police Department manages and coordinates the hunt for safety issues and works in coordination with the deer hunters, establishing the rules and perimeter. He said the proposed hunt in January will be different from last year, as it will be over bait, drawing the deer to a specific location; the hunters will be located outside the area where the deer will be drawn and the hunting will occur in that direction. Councilmember O'Connor asked how much the hunt will cost. Mr. Boganey responded that the cost for the past year was $1,800 and it should be similar next year. Councilmember Carmody aid it is important to have a deer management plan and it was Y p g p implemented because a number of residents complained about the damage caused by the deer and there have been accidents caused by deer. She said when the deer management plan was first implemented there were approximately 80 deer in the Palmer Lake Basin, and the City is only supposed to support 15 to 20. She said the DNR does not allow the deer to be moved, so the deer management plan is the option the Council has chosen. Councilmember Lasman said the initial deer count was 80, then 20 deer were taken out in the first hunt, and last year was six. She asked, since there are still 81 deer, are they that successful in reproducing even with the reduction that they are maintaining their herd. Mr. Boganey said the general rule is each doe will carry two fawn, and last year there were only six removed. Councilmember Lasman asked if the intent of the deer management plan was to be for a five- or six year period, at which time the deer herd would be a manageable size. Mr. Boganey responded affirmatively. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -155 Accepting 2005 Annual Deer Management Implementation Plan Report and Adopting the City Manager Recommendations Therein. Motion passed unanimously. I Od. PROVISIONAL LICENSE RENEWAL 5240 DREW AVENUE NORTH Mr. Boganey apologized for adding this item this evening. He said the City had informed Mr. DeBellis, applicant for provisional license renewal at 5240 Drew Avenue North, that the item would be before the City Council on October 24. He said approval of the provisional license would be to allow for the extension of an additional six months on the P rovisional license that was previously granted in November 2004. He said a mitigation plan was presented and that plan has proven to be fairly successful and the qualifying violations are below the maximum allowable. He stated the ordinance requires that his property remain below that level for a period of twelve months before it is eligible for a regular license. 10/24/05 -8- DRAFT Y Councilmember Lasman moved and Councilmember Carmody seconded approval of a provisional license renewal for 5240 Drew Avenue North. Councilmember Niesen said she lives in the neighborhood of this property and there has been a substantial improvement. Councilmember O'Connor asked if another report would be provided regarding the number of police calls. Mr. Boganey responded affirmatively and said the Police Department could revise the report to more clearly reflect what the activity has been. Councilmember O'Connor said the six -month provisional license had exceeded six months since it was approved in November 2004. Community Development Director Brad Hoffman responded affirmatively that the six -month provisional license expired in June 2005. Motion passed unanimously. 11. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 7:59 p.m. Motion passed unanimously. City Clerk Mayor 10/24/05 -9- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL AND THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA EXECUTIVE SESSION NOVEMBER 14, 2005 ALL- AMERICA CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council /Economic Development Authority met in Executive Session and was called to order by Mayor/President Myrna Kragness at 6:04 p.m. ROLL CALL Mayor /President Myrna Kragness, Councilmembers /Commissioners Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present: City Manager /EDA Executive Director Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Community Development Director /EDA Secretary Brad Hoffman, Greene Espel Attorney John Baker, City Clerk Sharon Knutson, and Deputy City Clerk Camille Yungerberg. The Economic Development Authority discussed litigation regarding Concerned Citizens for Responsible Growth in Brooklyn Center, Inc., a Minnesota Nonprofit Corporation vs. City of Brooklyn Center Economic Development Authority. The City Council discussed pending litigation regarding Brookdale Square; Bradley Operating Limited Partnership v. City of Brooklyn Center. ADJOURNMENT The Brooklyn Center City Council /Economic Development Authority Executive Session adjourned at 6:44 p.m. City Clerk Mayor/President 11/14/05 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY is OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION NOVEMBER 14, 2005 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 City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Community Development Director Brad Hoffman, Greene Espel Attorney John Baker, City Clerk Sharon Knutson, and Deputy City Clerk Camille Yungerberg. ADJOURN STUDY SESSION TO CLOSED SESSION IN ALL AMERICA ROOM, CITY HALL, TO DISCUSS PENDING LITIGATION REGARDING BROOKDALE SQUARE: BRADLEY OPERATING LIMITED PARTNERSHIP V. CITY OF BROOKLYN CENTER ADJOURNMENT The Brooklyn Center City Council Study Session adjourned at 6:02 p.m. and did not reconvene. President Kragness called an Executive Session of the Economic Development Authority to be held in the All America Conference Room City Hall, to discuss litigation regarding Concerned Citizens for Responsible Growth in Brooklyn Center, Inc., a Minnesota Nonprofit Corporation vs. City of Brooklyn Center Economic Development Authority. City Clerk Mayor 11/14/05 -1- DRAFT 1 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 NOVEMBER 14, 2005 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 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Police Chief Scott Bechthold, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, City Clerk Sharon Knutson, and Deputy City Clerk Camille Yungerberg. Mayor Kragness opened the meeting for the purpose of Informal Open Forum. No one wished to address the Council. Informal Open Forum closed at 6:47 p.m. 2. INVOCATION Mayor Kragness offered a prayer for the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Yxagness 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 City Manager Michael McCauley, Assistant City Manager Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffinan, City Attorney Charlie LeFevere, City Clerk Sharon Knutson, and Deputy City Clerk Camille Yungerberg. 11/14/05 -1- DRAFT t 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen stated she would like to draw the Council's attention to the October 2005 Economic Impact Analysis of the Reliever Airport System distributed by the Metropolitan Airports Commission. She stated the Crystal Airport contributes a total economic activity of $19.3 million to the Twin City economic area, along with 200 jobs. She stated the report is now available on the Metropolitan Airport Commission website or people can contact her for a copy. She stated she will present information on the Shingle Creek Watershed district later in the .meeting. Councilmember Carmody reported attending the Shingle Creek and West Mississippi Watershed meeting last Thursday. She also expressed thanks to Director of Public Works and City Engineer, Todd Blomstrom for helping a friend's son with the job shadowing of a Civil Engineer. Councilmember Lasman reported attending a Peacemaker Charity Ball at the Brookdale Mall on October 30, 2005. She stated the ball was a wonderful event, reminiscent of the past, and hopefully planned again for next year. She also reported that on November 10, 2005, the Brooklyn Center Lioness invited her to attend their meeting and give them a Brooklyn Center update where she provided a reflection on how far we have come in the last ten years and future direction. She also gave a brief update on the response to the September storm. She lastly reported that on November 12, 2005, she attended a production of Miracle Worker at Park Center High School. She encouraged everyone to attend high school productions. Mayor Kragness reported that she also attended the Peacemaker Ball, a fundraiser for the Peacemaker Organization which works with offending youth within our community. She also reported meeting with Keith Lester, the new Brooklyn Center Superintendent of Schools. She stated he was excited to return to Brooklyn Center, however was disappointed at the rejection of the referendum. She further reported that on October 4, 2005, she attended a dinner and kickoff for an all day seminar at the African American Academy where educators attended and learned about African American history. She lastly reported that she attended a luncheon on November 10, 2005, at the North Hennepin Area Chamber of Commerce where the guest speaker, Hennepin County Sheriff Patrick McGowan, spoke about the Hennepin County Sheriff's department. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Carmody requested tabling Item No. 7a2 Minutes of October 24 2005— Regular Y q g g Session from the Consent Agenda for corrections. Councilmember O'Connor requested removal of Item Nos. 7b Licenses and 7c Resolution Approving Change Order No. 1, Improvement Project Nos. 2005 -01, 02, 03 and 04, Contract 2005 -A, Lions Park South Area Neighborhood Street and Utility Improvements from the Consent Agenda. 1 1/14/05 -2- DRAFT Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda as amended, with the removal of Item Nos. 7b and 7c from the Consent Agenda to Council Consideration Item Nos. 9n and 9o, tabling the minutes of October 24, 2005 Regular Session, and amendments to the Minutes of October 24, 2005 Study Session as follows: Page 3, Paragraph 8, replace sentence with the following language: Councilmember O'Connor said it is a dangerous situation for multi family complexes and single family homes to be treated differently." The following consent item was approved: 7a. APPROVAL OF MINUTES 1. October 24, 2005 Study Session Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 2005 -016 SUBMITTED BY THE LUTHER COMPANY LIMITED PARTNERSHIP. REQUEST FOR PRELIMINARY PLAT APPROVAL TO DIVIDE AND COMBINE TO RECONFIGURE TWO EXISTING LOTS ADDRESSED AS 6800 BROOKLYN BOULEVARD AND 6700 BROOKLYN BOULEVARD. THIS APPLICATION IS A COMPANION APPLICATION TO 2005 -015. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS OCTOBER 27, 2005, MEETING City Manager Michael McCauley explained there are two items, one is the Planning Commission application and the resolution approving the disposition of application 2005 -016 and the other is introduction of the ordinance regarding the zoning classification. Planning and Zoning Specialist Ron Warren explained that the purpose of Application No. 2005- 016 is to shift the property line that splits the two lots approximately 75 to 80 feet to the south in order to allow an expansion of the Brookdale Dodge dealership and to conduct a proposed two phase expansion, which is the subject of Application No. 2005 -015. He explained that the purpose of Application No. 2005 -015 is the redevelopment of the Dodge operation and the first phase of the development of the old Ryan property, located to the south. He stated he will proceed with both applications as they are interrelated and approval of one is contingent on the other. He stated a Resolution and Ordinance Amendment is necessary. He stated the Preliminary plat takes into consideration the Ryan properties 6700 and 6800 Brooklyn Boulevard. He stated the shifting of the lot line will allow for a small expansion to the showroom and the service bays to the east of the site. He explained that the Planned Unit Development consideration also addresses remodeling the old Taystee building, which is owned by Luther Company Limited Partnership and currently used as an off site accessory parking facility and storage lot for the Brookdale Honda operation. He stated the plan is to demolish the north end of the building and remodel the old distribution end of the building, turning it into a showroom. He stated a waiver 11/14/05 -3- DRAFT from the platting requirements is also being requested as part of the Planned Unit Development, O so that the lots do not have to be combined into a single lot. He stated the Planning Commission recommends that a decorative fence be installed if the 15 foot greenstrip is not possible. Mayor Kragness asked if the STOP light on Brooklyn Boulevard would be obstructed with the approval of this item. Mr. Warren responded the former property line will be shifted, however access to the sites will remain the same, the accesses being on 69 Avenue North and on Brooklyn Boulevard. Councilmember Carmody asked who is responsible for the environmental clean up of the old Taystee site. Mr. Warren responded the pollution plume migrated to the east. He pointed out a monitoring shack that will need to be kept for some time. He stated Luther has potential interest in acquiring part of the property which is part of the county acquisition for the widening of Brooklyn Boulevard. He explained that they are waiting for the clean up to meet PCA requirements, giving them an option of acquisition. He stated he is not sure who is responsible for the ongoing clean up. He explained that the landscaping will change with elimination of the older buildings, new plans available once the dealership type is determined. Councilmember Niesen inquired as to why there were not any residents speaking on the matter at the Public Hearing and if they were properly notified. Mr. Warren responded that all property owners within 350 feet around the property were notified including the Northwest Neighborhood Advisory Board. He stated there were some residents present, however they did not comment on the proposal. Councilmember O'Connor inquired as to why ordinances do not allow automobile repairs near residential areas. Mr. Warren responded that such ordinances were established in the 1960s because of the noise and smells associated with automobile repairs. He stated a 35 foot greenstrip will be expanded along the north and east sides of the property. Councilmember O'Connor questioned the amendment to the language in the ordinance. Mr. Warren responded when a property is rezoned, a new legal description is required per City Ordinance. Councilmember O'Connor asked why we have so many ordinances when they can be changed so easily for some businesses. She stated it proves that we could discontinue many of the ordinances we have and treat everyone equally, rather than allowing for a Planned Unit Development, voiding some ordinances. Mr. Warren responded no one is excluded from having their property considered under Planned Unit Development, and the development requirements and restrictions are applied to that party the same way that they would in this case. He stated it is ultimately up to the City Council to deem it appropriate, given the factors and the standards that are outlined in the zoning ordinance. He stated it allows you to take into consideration some of the unique aspects of redevelopment. Councilmember O'Connor asked why it would be appropriate for this automobile repair property to abut to residential properties and not others. Mr. Warren responded if you have a small gas station with automobile repair next door or within 25 -30 feet of a single family home, it might 11/14/05 -4- DRAFT appropriate. This proposal has a large distance buffer areas and screening. in not be as approp s p op g g Councilmember Niesen expressed concern of the amount of concrete in the area and asked how far we would let a business keep going towards the vegetation. Mr. Warren responded in order to utilize this parcel, a rezoning is required. If that is part of a Planned Unit Development, the Council has the ability to look at the distance and amount of concrete. He stated the area is zoned R3, therefore all the homes in this area are considered nonconforming. He explained that standards must be met in order to rezone the property and if the Council deems those standards inappropriate, it has the right and responsibility to change them. Councilmember Niesen responded and asked if it matters how much time is between the application and the actual Planning Commission meeting. Mr. Warren responded that the ordinance requires submission of the application of a Planned Unit Development 30 days prior to appearing in front of the Planning Commission. He stated notices must be sent to surrounding property owners, and a legal notice in the newspaper at least two weeks before the Planning Commission considers it. He stated developers are met with well in advance in order to insure all necessary plans and submissions. Councilmember Niesen asked Mr. Warren to point out the greenspace on the property due to the large amount of concrete. Mr. Warren responded b displaying and discussed the landscape g p Y P plan. He stated the amount of concrete is controlled by things such as watershed requirements. He explained that landscaping requirements are in place; however the Ordinance does not regulate the amount of greenspace. Councilmember Lasman moved and Councilmember O'Connor seconded to approve Planning Commission Application No. 2005 -016 Submitted by The Luther Company Limited Partnership. Request for Preliminary Plat approval to divide and combine to reconfigure two existing lots addressed as 6800 Brooklyn Boulevard and 6700 Brooklyn Boulevard subject to the following conditions recommended by the Planning Commission: 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. 3. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2005 -015 4. Appropriate cross access and cross parking agreements between Lot 1, Block 1, Chrysler Realty Addition and the proposed Lot 1, Block 1, Bri Mar 2 "d 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 nd 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. 11/14/05 -5- DRAFT 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. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2005 -015 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. Motion passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 2005 -015 SUBMITTED BY THE LUTHER COMPANY LIMITED PARTNERSHIP. REQUEST FOR REZONING FROM C -2 (COMMERCE) TO PUD /C -2 (PLANNED UNIT DEVELOPMENT /COMMERCE) OF THREE CONTIGUOUS LOTS LOCATED EASTERLY OF BROOKLYN BOULEVARD BETWEEN I -94 AND 69TH 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. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS OCTOBER 27, 2005, MEETING. 1. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2005 -015 SUBMITTED BY THE LUTHER COMPANY LIMITED PARTNERSHIP RESOLUTION NO. 2005 -156 Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005 -156- Regarding Disposition of Planning Commission Application No. 2005 -015 Submitted by The Luther Company Limited Partnership. Motion passed unanimously. 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 69TH AVENUE NORTH) Councilmember Carmody moved and Councilmember Lasman seconded to approve first reading and set Public Hearing and second reading on an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Easterly of Brooklyn Boulevard Between I -94 and 69th Avenue North) for December 12, 2005. Motion passed unanimously. DRAFT 11/14/05 6 9. COUNCIL CONSIDERATION ITEMS 9a. REPORT ON MULTI FAMILY HOUSING OUTREACH PRESENTATION BY CHIEF SCOTT BECHTHOLD Chief of Police Scott Bechthold updated the City Council on the recent Brookdale Mall incident. He stated the following details of the incident: Brookdale Mall hosted a concert together with Radio Disney, with B5 and Everlife performing. The performance was attended by 2,000 -2,500 youths, predominantly young girls between the ages of 12 and 15. When B5 took the stage at approximately 3:00 p.m., the youthful exuberance swept through the crowd and the excitement sent a wave of surge toward the stage. The crowd quickly overcame the security as well as the event staff. The crowd overtook the stage and at that time Sergeant Frank Roth happened to be doing a walk through. He quickly moved towards stage and called for backup. As a result, several officers responded, totaling 70 individual officers, from 23 different northern metro cities. They were able to stabilize the incident in about 15 minutes and eventually clear the mall after 45 minutes, for approximately two hours. There were few injuries and the situation was handled without the use of chemical agents force. There was very little damage in the mall. The cause can be attributed to a lack of planning. The only information the Police Department had prior to the incident was a phone call on Friday at 5:00 p.m. They requested that officers be aware and do an occasional walk through. A post incident review is being conducted. The Brooklyn Center Police Department has not received any phone calls from the public to report a crime or file complaints against any of the officers. Councilmember O'Connor asked if the City or the mall could be sued for any of the five injuries. Chief Bechthold responded it is unclear at this time, however we were not involved in the planning nor did the officers use force to control the incident. Councilmember Lasman asked if the mall anticipated a crowd this large and if there was security between the stage and the crowd. Chief Bechthold responded he is not sure where the security was placed, however more details may be revealed as the investigation continues. Chief Bechthold presented a PowerPoint presentation on Summer Sweep Wrap -up 2005. The following information was presented and discussed: Total Violations: 2005 2004 2003 964 1083 1462 Chief Bechthold explained that the year 2005 has the lowest violations of the three years and the total violations continue to decrease. This decrease is attributed to the efforts of the Police Department. Code Enforcement Violations by Type: Mr. Bechthold displayed the Number of Violations by Type for January 1 st through September 30 for the years 2003, 2004, and 2005. He stated most of the violations are centered on two 11/14/05 -7- DRAFT main areas, accumulation of rubbish/brush/debris as well as junk furniture and appliances, unlicensed, inoperable vehicles, illegal parking, and storage of vehicles. Councilmember Carmody inquired about the dates shown at the top of the report being January 1" September 30 only. Chief Bechthold responded that code enforcement is all year round, however this report is showing the same time period for each year. Code Enforcement Violation Summary: Actions Taken 2005 2004 2003 First Letters 947 1041 1441 Second Letters 208 336 1 420 Thank You Letters 424 945 1159 Citations /Formal 24 28 24 Complaints Chief Bechthold stated the following details of the Code Enforcement Violation Summary: The main goal is to seek voluntary compliance. When a citation needs to be issued, it is sent to the City Attorney to draft a formal complaint. Once the citation is received by the City Attorney, an aggressive approach and concern for quality of life issues as it pertains to code enforcement are considered. The Attorney systematically processes the complaints and in most cases he will seek one year probation for first time offenders. If the person complies with several parts of mitigation planning, the Attorney will usually let them withdraw the guilty plea after a year, so that it does not remain on their record; as long as they are willing to pay prosecution costs and abate all violations within a reasonable time. Concerns Issues of 2005 Sweep including: Chronic Properties Chief Bechthold stated the following details of the Chronic Properties: Brooklyn Center has a chronic property list, which means the properties show up year after year or two to three years in a row, these are dealt with more aggressively by the City Attorney. He has more options as far as assessing cost to the property in the event the people refuse to cooperate. One of the problems with the chronic properties is that we will get compliance for one or two years, then eventually complacency sets in and the cycle starts again. Single Family Rentals Chief Bechthold stated the following details of the Single Family Rentals: Brooklyn Center is starting to see an increase and more of unlicensed single family rentals. When this is discovered, it is sent to Community Development for enforcement and compliance in licensing. Parking Issues Chief Bechthold stated the following details of the Parking Issues: Brooklyn Center has seen a surge of parking complaints this year as well as visible observation during code enforcement sweeps. Halfway through the summer, the Police Department started stepping up parking enforcement including everything from overnight parking to parking in front 11/14/05 -8- DRAFT yards and most recently how many vehicles are allowed on a property. Parking Citations Issued: 2005 988 (as of 9/30/05) 2004 1043 (entire year) 2003 1017 (entire year) Councilmember Carmody asked about the growing problem of language barriers in the City. Chief Bechthold responded a cultural liaison is in place, working with a variety of groups and organizations on how the Police Department can be more effective in communicating with other cultures. He stated the largest minority cultures in Brooklyn Center are: Liberian, West African, Hispanic, Hmong, and Southeast Asian. Councilmember O'Connor asked how much a parking citation is. Chief Bechthold responded he is unsure of the cost of the violations; and added that most of the issued citations are for overnight parking. 12 -913 Ordinance Update Apartment Calls for Service January September 2005 2004 2003 2,826 2,951 3,167 Chief Bechthold presented a spreadsheet with detailed information on each apartment building and their calls for service. He explained the following information: Steps are taken when an apartment building reaches a high number of calls per unit. When a building reaches a monthly percentage of .35 calls per unit a letter is sent indicating their position along with an explanation of the ordinance. When a building reaches a percentage of .50, the Liaison Officers and Sector Sergeants will in most cases meet with the resident manager or owner, talk about the problem, and try to agree to a voluntary mitigation plan. By the time they reach a percentage of .65 calls per unit, there are no surprises. A great deal of discussion has taken place by the time they start provision of license procedure. Councilmember O'Connor inquired about 7018 Brooklyn Boulevard, with percentage of 1.38 per unit. Chief Bechthold responded mitigation is in place and the license renewal is due in June. 9b. RESOLUTION EXPRESSING APPRECIATION FOR MUTUAL AID ASSISTANCE PROVIDED BY THE CITY OF GOLDEN VALLEY, CITY OF EDEN PRAIRIE, CITY OF EAGAN, CITY OF ST. LOUIS PARK, AND THE CITY OF COON RAPIDS RESOLUTION NO. 2005 -157 Mayor Kragness read the resolution Expressing Appreciation for Mutual Aid Assistance Provided by the City of Golden Valley, City of Eden Prairie, City of Eagan, City of St. Louis Park, and the City of Coon Rapids. 11/14/05 -9- DRAFT I Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -157 Expressing Appreciation for Mutual Aid Assistance Provided by the City of Golden Valley, City of Eden Prairie, City of Eagan, City of St. Louis Park, and the City of Coon Rapids. Councilmember O'Connor asked if we compensated these cities for their assistance and if these cities needed help, would we help them. Mr. McCauley responded all costs involved were incurred by the individual cities and if the assistance was needed of Brooklyn Center, we would provide it in the same manor as we have in the past. Motion passed unanimously. 9c. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL HALLOWEEN PARTY RESOLUTION NO. 2005 -158 Mayor Kragness read the resolution Expressing Appreciation for the Donation of the Brooklyn Center Lions Club in Support of the Annual Halloween Party. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005 -158 Expressing Appreciation for the Donation of the Brooklyn Center Lions Club in Support of the Annual Halloween Party. Motion passed unanimously. 9d. RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN CENTER LIONS CLUB TO CONDUCT LAWFUL GAMBLING AT AMF EARLE BROWN LANES, 6440 JAMES CIRCLE NORTH, BROOKLYN CENTER, MINNESOTA RESOLUTION NO. 2005 -159 Mr. McCauley stated the Lions would like to conduct lawful gambling and have held a license at the AMF Earle Brown Lanes for some time. Councilmember Lasman stated the Lions have contributed $212,000 from their gambling monies to the City of Brooklyn Center since 1986. Councilmember O'Connor asked Mr. McCauley for the definition of lawful gambling. Mr. McCauley responded in this case it is the sale of pull tabs. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -159 Approval of the Issuance of a Premises Permit for Brooklyn Center Lions Club to Conduct Lawful Gambling at AMF Earle Brown Lanes, 6440 James Circle North, Brooklyn Center, Minnesota. Motion passed unanimously. 11/14/05 -10- DRAFT 9e. RESOLUTION ESTABLISHING 2006 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES RESOLUTION NO. 2005 -160 Mr. McCauley stated we have been trying to approximate having 40% of the street construction storm drainage paid for out of the special assessments as indicated in the materials prepared by Mr. Blomstrom. He explained special assessments in terms of total cost of a neighborhood street project are roughly 20% of all funding. He stated 40% is roughly a 3.3% increase, a lower increase rate than we are finding our costs of construction are increasing. Mr. Blomstrom stated the City of Brooklyn Center has a preliminary layout extending through the year 2018 that is dependent on having funding in all the funds the street reconstruction comes out of. Councilmember O'Connor asked how you pick which neighborhoods are improved next. Mr. Blomstrom responded there is a list, however many factors contribute such as underground sanitary sewer and storm drainage issues. Mr. McCauley responded the utilities have been the stronger driving factor, determining the order of repair. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005 -160 Establishing 2006 Street and Storm Drainage Special Assessment Rates. Motion passed unanimously. 9f. RESOLUTION SETTING THE INTEREST RATE ON SPECIAL ASSESSMENTS FOR 2006 RESOLUTION NO. 2005-161 Mr. McCauley stated the policy has been to set the rate at which we charge per person to pay for their special assessments over time, at the most recent City bond sale plus two points. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005 -161 Setting the Interest Rate on Special Assessments for 2006. Motion passed unanimously. 9g. RESOLUTION ESTABLISHING A PERMIT FEE FOR LAND DISTURBING ACTIVITIES RESOLUTION NO. 2005 -162 Mr. McCauley explained that at a recent meeting, the Council adopted a Land Disturbing Activities Ordinance with respect to State requirements, insuring we have a plan to deal with runoff from site to site, in order to minimize pollution from construction activities. He explained that as part of the Ordinance process, the City must require an application permit fee to disturb the land. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -162 Establishing a Permit Fee for Land Disturbing Activities. 11/14/05 -11- DRAFT Motion passed unanimously. 9h. RESOLUTION AMENDING THE PERSONNEL RULES AND REGULATIONS RESOLUTION NO. 2005-163 Mr. McCauley stated the following details of the resolution: It contains a number of separate things, some to comply with federal or state law, implement authorization previously adopted by the City Council to place new personnel policy, and to amend existing parts. The changes to Section 7.11 and 7.13 are simply to bring the policy up to date and comply with state law in regard to Election Day leave and parenting leave. Section 9.4 is to insure compliance with current federal law on COBRA. Section 9.6 incorporates the previously authorized retirement health expense account, which is where employees can take advantage of federal laws that allow them to designate certain types of compensation to help with health costs after termination of employment or retirement: There is a proposed new section, 7.43 on sick leave severance, which provides 40% payout of accumulated sick leave for employees with 25 years continuous service and hired after January 1992. When the Council previously authorized the Retiree Health rY P Y Savings Account in 2004, it eliminated the provision that would have paid for a retirees single health insurance premiums for persons hired after January 1, 1992. Potential liability that has been removed by paying single retiree health insurance premiums was both hard to quantify and expensive, therefore providing a 40 rather than a 33% payout of sick leave for 25 year employees hired after January 1, 1992. In Section 12.33, the proposal is to eliminate section 12.34, which would set the reimbursement level for meals, and instead pay reimbursement to 85% of what the federal per diem rate for the given location would be. The materials included in the staff report include a typographical error of 80% instead of 85 Lastly, is a proposal that section 3.10 be removed and administratively direct employees on the use of technology and Internet, allowing amendments as needed. Councilmember Niesen asked if the sick leave severance is standard with most government jobs. She stated she would not want to encourage employees to come in when they are sick and asked if an alternative is available. Mr. McCauley responded most likely in private industries there is undifferentiated leave as opposed to separate vacation and sick leave. He stated while negotiating with the union, most cities tend to have a payout on sick leave from 33% to an excess of 50 He stated sick leave severance rewards those who use the sick time as it should be used and differentiates those who rarely use sick time, and those who use it all. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -163 Amending the Personnel Rules and Regulations. Councilmember O'Connor asked if the City contributes to retiree health benefits to any of its employees. Mr. McCauley responded a retiree health savings account is available, allowing them to take things they otherwise get, and apply it towards their savings. He stated other than the benefits to those who have 25 years of service; the City is taking benefits they already get and giving them the option to put it pretax into a retiree health savings account. There are no extra benefits; however the City does not have to pay certain taxes on the money, if the employee is putting it into a savings account. He stated this program is not required; however if you are in a S bargaining unit, your bargaining unit would negotiate for you and the whole group would 11/14/05 -12- DRAFT e federal law it can not be He ex lained that once you make the election under participate. Y p changed. Motion passed unanimously. 9i. RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE POST EMPLOYMENT HEALTH CARE SAVINGS PLAN RESOLUTION NO. 2005 -164 Mr. McCauley stated this authorizes an agreement with Local 49, allowing an amendment to allow them to participate in post employment savings and memorandum of understanding whereby at the time of separation 40% of accumulated sick leave will be paid into the health care savings account. He explained that currently, the money is set aside to pay for the eventual payment of accumulated sick leave. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005 -164 Approving the Memorandum of Understanding for Local 49 (Public Works Maintenance) and the City of Brooklyn Center for the Post Employment Health Care Savings Plan. Motion passed unanimously. 9j. RESOLUTION APPROVING THE ADDENDUM FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2006 RESOLUTION NO. 2005 -165 Mr. McCauley stated negotiations have taken place with Local 86, representing Police Sergeants and Lieutenants entered in a two year agreement with the union, with an opener as to the wages for Sergeants for 2006. He stated with the contract approved last year, the Lieutenants were below the average, so an increase of 3% plus $45.00 per month was given for 2005 and the same in 2006. He explained that in regard to the Sergeants wages, there was not enough comparison information on whether we are on target for their salaries. He stated with the 2005 salary comparison, with Roseville being adjusted based on an expected 3 our Sergeants are $36.00 below the average of comparable cities. He stated the proposed addendum would increase the o would add the 36.00 of which we were 2005 wages by 3 /o, similar to the Lieutenants, and below the average in 2005, still being a few dollars below the average in 2006. Councilmember Carmody asked if Roseville has set on the increase for 2005. Mr. McCauley responded no they have agreed to the 2005 wages. He stated the City of Crystal provides longevity to its Sergeants. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -165 Approving the Addendum for Law Enforcement Labor Services 11/14/05 -13- DRAFT (LELS) Local 86 and the City of Brooklyn Center for the Calendar Year 2006. Councilmember O'Connor asked if the salaries are monthly and what the Lieutenants are paid. Mr. McCauley responded the salaries are shown as monthly, Sergeants annual wages are $72,000 and Lieutenants are higher. Motion passed unanimously. 9k. PARK AND RECREATION COMMISSION RECOMMENDATION COMMUNITY CENTER MEMBERSHIP DEFINITIONS Mr. McCauley stated the issue was raised by the City Council with respect to Community Center memberships, particularly family membership verses household membership. He stated Staff and the Park and Recreation Commission have worked towards having an individual, dual, and household membership, as not to inquire of relationships. He stated this item is only to report back to the Council unless there are some concerns. Mayor Kragness stated this makes sense and it will answer previously raised questions. Councilmember Lasman stated the Park and Recreation Commission and Staff have done a great job with the amendment, however she is concerned with the senior discount only available to couples who are both over the age of 62. She stated if one spouse is 62 years of age, the senior discount should apply to both members. She stated there is not a large financial impact for the City and it would make the senior citizens feel more welcomed. Mayor Kragness responded that some couples may be many years apart; therefore it would not be fair to grant the discount to both members. Councilmember Carmody responded senior citizens use the center a lot and the difference is not much to ask. Councilmember Niesen stated it is a fair way to work it. She stated disagreement with the definition of household memberships and the household membership. She stated the wording "over 5" should be revised to read "dependents over the number five." Mr. McCauley responded the language will be clarified before it is printed. Councilmember Lasman moved and Councilmember Carmody seconded to receive the report- Recreation Commission Recommendation Community Center Membership Definitions. Motion passed unanimously. 91. REPORT ADOPT -A- GARDEN GUIDELINES Mr. McCauley stated the following: Recreation Staff, Public Works Staff, and the Park and Recreation Commission have spent some time reviewing this program. The basic program has the use of organic materials and allows for a limited class of patriotic displays in conjunction with national holidays. Clear guidelines have been established to guild people to adopt -a- garden. There is a lot of language, mostly dealing with how to sign up, set up, and how the program works. The basic issues are addressed such as: you may put an American flag, bald eagle, a star, 11/14/05 -14- DRAFT or a red white or blue ribbon on the plantings, two weeks before and not more than a week after a recognized national holiday. Councilmember Carmody asked why the materials are addressed to Public Works and not Mr. Glasoe. Mr. McCauley responded by explaining that the Public Works Department will be coordinating the program, for example helping participants transport heavy materials to the site. Councilmember Carmody pointed out a typographical error on page two, paragraph two of: "pre opposed" instead of "pre approved." Mr. McCauley responded the correction will be made. Councilmember Niesen stated the adopt -a- garden program is a wonderful idea and will beautify the community. 9m. RESOLUTIONS CALLING FOR PUBLIC HEARING ON ISSUANCE OF CONDUIT BONDS 1. RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF A HEALTH CARE FACILITIES REVENUE NOTE AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING RESOLUTION NO. 2005 -166 2. RESOLUTION CALLING FOR A PUBLIC HEARING ON A is PROPOSAL FOR A HOUSING FINANCE PROGRAM AND THE ISSUANCE OF A HOUSING FINANCE PROGRAM AND THE ISSUANCE OF A HOUSING REVENUE NOTE TO FINANCE A MULTIFAMILY HOUSING PROJECT PURSUANT TO MINNESOTA LAW, AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING RESOLUTION NO. 2005 -167 Mr. McCauley stated a request was received from Presbyterian Homes to set a date of hearing on a request to issue Conduit Bonds with respect to the Maranatha Conservative Baptist Home Inc. property in Brooklyn Center. He stated at this point the information is the request to set the date of hearing, which would be at bare cost with respect to publication. He stated they are asking that the City Council set the date of hearing, and at that time, Presbyterian Homes will have more materials and make a presentation on what they are proposing to do with the issuance of Conduit Bonds. Steven Fenlan, Midwest Healthcare Capital stated the following: The purchase price is $6,250,000; the tax exempt financing amount is $6.4 million. Maranatha as an independent non- profit organization has struggled for an extended period of time and the Board of Directors felt that an affiliation with a stronger organization would be helpful to its cause. They have looked at this sector as one they would like to have more involvement in. Being one of the largest non- profit providers of senior housing in Minnesota, Presbyterian Homes has had great success with this type of venture in the past. The only way they can access tax exempt financing is with a political subdivision that has the jurisdiction over issuing the bonds in a conduit perspective. Mayor Kragness asked if the hearing date will be December 12, 2005. Mr. Fenlan responded yes 11/14/05 -15- DRAFT and requested that this item be added to the earlier part of the agenda because his presence is required at another City Council meeting. Councilmember O'Connor stated non profit organizations can take care of their own building and loans, therefore she will vote against the proposal. Councilmember Lasman stated she will approve as long as the City has no financial obligation. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -166 Calling for a Public Hearing on the Issuance of a Health Care Facilities Revenue Note and Authorizing the Publication of a Notice of the Hearing and RESOLUTION NO. 2005 -167 Calling for a Public Hearing on a Proposal for a Housing Finance Program and the Issuance of a Housing Finance Program and the Issuance of a Housing Revenue Note to Finance a Multifamily Housing Project Pursuant to Minnesota Law, and Authorizing the Publication of a Notice of the Hearing. Councilmember O'Connor voted against the same. Motion passed. 9n. (FORMERLY CONSENT AGENDA ITEM NO. 7A.2) LICENSES Councilmember O'Connor asked why the word initial appears above the names, particularly Center Pointe Apartments. Mr. McCauley responded he is not sure why the word initial appears. He explained that even though some on the list may have a high number of calls, they are still up for approval; however the establishment will remain under scrutiny. Councilmember Niesen asked if a new license is required when the property changes hands. Mr. McCauley responded yes, a new license is required for each owner. Councilmember Carmody moved and Councilmember Lasman seconded to approve the following list of licenses: CHRISTMAS TREE SALES PQT Company 3245 Bass Lake Road PQT Company 5040 Brooklyn Boulevard COMMERCIAL KENNEL Gentle Touch Animal Sanctuary 4900 France Ave N MECHANICAL All Stall 2020 Margaret Street, N. St. Paul Brooklyn Aire Heating Cooling 8862 Zealand Ave N, Brooklyn Park E A H Schmidt Assoc. Inc. 8245 Winpark Dr, New Hope 11/14/05 -16- DRAFT RENTAL Renewal: Ryan Lake Apartments, 3401 -13 47 Ave N Clover Management 1201 57 Ave N Ed Doll 5444 Bryant Ave N Ralph Johnson 5843 Fremont Ave N D J Properties 5701 James Ave N Victor Shkaberin 6406 Kyle Ave N Oluyemisi Olatrju 4220 Lakeside Ave N Richard Arntson 4811 Lakeview Ave N Diane Krenz 6706 Scott Ave N Tina Langhans Initial: Center Pointe Apartments, 2800 -2940 Northway Hyder Jaweed 300062 nd Ave N Dan Soffa 5348 70 Circle North Nicholas Antwi 5700 Camden Avenue N Timothy Johnson 5307 Howe Lane Jose Villagrana SIGNHANGER Signation Sign Group 6840 Shingle Creek Pkwy #31, Brooklyn Center Signs by RSG 6160 Green Valley Road, Ramsey Metro Sign Services, LLC 9223 Annapolis Lane, Maple Grove TAXICAB Provenience, LLC 1784 19 Ave NW, New Brighton Motion passed unanimously. 90. (FORMERLY CONSENT AGENDA ITEM NO. 7C) RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2005 -01, 02, 03 AND 04, CONTRACT 2005 -A, LIONS PARK SOUTH AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS RESOLUTION NO. 2005 -168 Councilmember O'Connor asked how the water main broke as indicated in the second paragraph. Mr. Blomstrom responded it broke because of unstable soil and pilings. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -168 Approving Change Order No. 1, Improvement Project Nos. 2005- 01, 02, 03 and 04, Contract 2005 -A, Lions Park South Area Neighborhood Street and Utility Improvements. 11/14/05 -17- DRAFT Motion passed unanimously. 10. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 9:35 p.m. Motion assed unanimously. Y City Clerk Mayor I I 11/14/05 -18- DRAFT ANNEW City of ANEW BROOKLYN CENTER MEMORANDUM TO: Mayor Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor FROM: Michael McCauley DATE: November 28, 2005 SUBJECT: Amendment to City Council/ Economic Development Authority Worksession Minutes Councilmember Carmody requested the attached changes to page two of the City Council/ Economic Development Authority Worksession minutes. Attachments MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION NOVEMBER 14, 2005 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council /Economic Development Authority met in Work Session and was called to order by Mayor /President Myrna Kragness at 9:55 p.m. ROLL CALL Mayor/President Myrna Kragness and Councilmembers /Commissioners Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager /Executive Director Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, City Clerk Sharon Knutson, and Deputy City Clerk Camille Yungerberg. I. COUNCIL MEMBER CARMODY: CONTINUED DISCUSSION OF WATERSHED COMMISSION APPOINTMENT FOR JANUARY 2006 Councilmembers /Commissioners Niesen and Carmody discussed the Watershed Commission appointment for January 2006. Councilmember /Commission Niesen said she was not opposed to Councilmember /Commissioner Carmody serving as the representative on the Watershed Commission. Councilmember /Commissioner Carmody indicated she would like to see a Council Member on the Watershed Commission and reiterated her interest; however she would not have to be the Council Member nominated. 2. REVIEW OF DRAFT 2006 CITY COUNCIL CALENDAR DATES City Manager Michael McCauley stated it is proposed that the Regular City Council meetings be held on the second and fourth Mondays of each month, consistent with 2005. He asked for discussion regarding the date of the Council Retreat and meetings with Commission Chairpersons. Mayor Kragness responded by suggesting that the Council Liaison speak to the Commissions regarding the meeting dates and report back to the Council. Councilmember /Commissioner Lasman stated the retreat is beneficial, however improvements could be made. Councilmember /Commissioner Carmody responded she has not had a positive experience at past retreats. Councilmember /Commissioner Lasman responded by suggesting an alternative team building activity, possibly conducted by a less expensive, local consultant. 11/14/05 -1- Mr. McCauley explained that consultants are available in Minnesota. He explained that the majority of the costs incurred with the previous consultant were the daily charge, not travel expense. Mayor Kragness responded a fresh face would be nice. Councilmember /Commissioner Lasman stated someone with expertise in local government would be beneficial Councilmember /Commissioner Carmody stated the team building has not been successful. Mayor Kragness stated the team building activities are beneficial and gives the Council a place to discuss conflict. Councilmember /Commissioner Niesen stated the team building has been good for the long term goals, but not the short term goals. She stated things have gotten better in the last few meetings, less negativity, which could be contributed to the team building exercises. She stated she is not completely satisfied with the past retreats, however they have been helpful. She stated she would be more inclined to attend the retreat in late February or early March. Councilmember /Commissioner Lasman stated team building is essential. Mr. McCauley asked if three or more Councilmembers were interested in attending another retreat. Mayor Kragness, Councilmembers Lasman, and Niesen raised their hands to show interest. Councilmember /Commissioner Niesen stated she will be absent from the Truth in Taxation Hearing due to her attendance at the National League of Cities. Mr. McCauley stated the Board of Equalization Review will be held May 1, 2006. 3. DEADLINE ENFORCEMENT FOR LIQUOR LICENSE RENEWALS Mr. McCauley stated he is looking for direction on Liquor License holders lagging in the completion of their renewal packet. Councilmember /Commissioner Lasman stated a special meeting should not be scheduled for delinquent license holders. It was the consensus of the Citv Council that license holders be held to the schedule for renewals and there would be no special meeting. Mr. McCauley stated if the renewal information is not turned in by the deadline, the establishment must stop serving all alcoholic beverages at 12:01 a.m. on January 1. He stated the City will take the position that the deadline is the final date. 4. DISCUSSION OF FORM AND DATE FOR 2005 CITY MANAGER EVALUATION 11/14/05 -2- It was the consensus of the Council to table this item until the next work session, due to the late hour. Councilmember /Commissioner Niesen stated she would like to address Ordinance No. 12 at a future meeting and will contact the City Manager when she is ready and advise regarding discussion materials. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Carmody seconded adjournment of the City Council/Economic Development Authority Work Session at 10:49 p.m. Motion passed unanimously. City Clerk Mayor /President 11/14/05 -3- City Council Agenda Item No. 7b V:r City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Managor ,y FROM: Sharon Knutson, City Clerk DATE: November 21, 2005 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 September 26, 2005, are as follows: CHRISTMAS TREE SALES LOT Malmborg's, Inc. 5120 N Lilac Drive MECHANICAL Expert Air and Heating 107 West Central Street, Lonsdale 0 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.cityolbrooklyncenter.org i City Council Agenda Item No. 7c City of Brooklyn Center A Millennium Community MEMORANDUM DATE: November 21, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2005 -11, Contract 2005 -F, Freeway Boulevard Bridge Deck Rehabilitation, Bridge No. 27581 On July 25, 2005, the City Council awarded a contract for Improvement Project No. 2005 -11, Freeway Boulevard Bridge Deck Rehabilitation to Progressive Contractors, Inc. of St. Michael, Minnesota. This project generally consisted of the removal and replacement of the top surface layer of the bridge deck and reconstruction of the bridge approaches. The bridge deck improvements were necessary due to significant deterioration of the concrete driving surface of the bridge and potential corrosion of the reinforcing steel within the structure. City staff and abridge engineering consultant have inspected the project and determined that the work has been completed in accordance with the contract requirements. Progressive Contractors, Inc. has completed the work on -time and within the original contract budget. The original contract amount was $112,975.25. The final contract payment amount is $100,383.40. Attached for consideration is a City Council resolution accepting the work performed and authorizing final payment for Improvement Project No. 2005 -11. 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 its adoption:. Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2005 -11, CONTRACT 2005 -F, FREEWAY BOULEVARD BRIDGE DECK REHABILITATION, BRIDGE NO. 27581 WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Progressive Contractors, Inc. of St. Michael, Minnesota has completed the following improvement in accordance with said contract: Improvement Project No. 2005 -11, Contract 2005 -F, Freeway Boulevard Bridge Deck Rehabilitation NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: I It is hereby directed that final payment be made on said contract, upon receiving all necessary project closeout documentation as determined by the City Engineer. 2. The total estimated amount to be paid for improvements under said contract shall be $100,383.40. 3. The estimated project costs and revenues are hereby amended as follows: COSTS As Approved As Final Contract 112,975.25 100,383.40 Contingency (10 11,300.00 0 Material Testing 4,000.00 4,000.00 Admin/Legal/Engr. 21,700.00 18.800.00 Total Est. Construction Cost 149,975.25 123,183.40 REVENUES Municipal State Aid 149,975.25 123,183.40 Total Estimated Revenue 149,975.25 123,183.40 RESOLUTION NO. November 28. 2005 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7d s City of Brooklyn Center A Millennium Community i MEMORANDUM DATE: November 21, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Amending the 2005 Central Garage Budget to Provide for the Early Order/Purchase of Five 2006 Ford Crown Victoria Police Patrol Vehicles The Central Garage vehicle replacement schedule includes the replacement of five police patrol vehicles in 2006. These vehicles are typically purchased through the State of Minnesota Cooperative Purchasing Venture. A majority of municipalities place orders for replacement patrol vehicles during the month of January each year with resulting deliveries in March. This concentration of ordering within a short time period results in significant delays in vehicle delivery. The primary reason for delivery delay is due to the limited ability of vendors that outfit police vehicles to prepare a majority of all police vehicles during the months of March through May. In past years, the City of Brooklyn Center has not received new police patrol vehicles in time to allow the old vehicles to be sent to spring auction. This results in further depreciation of the old vehicles as they are stored until the fall auction. The attached City Council resolution would allow the Central Garage to place an early order for the five olice patrol vehicles. This would allow for delivery f the vehicles in January 2006 and p P n' o minimize potential delays in outfitting the vehicles for service. Payment would be due within 30 days after delivery. These vehicles have accumulated sufficient replacement fund balance to allow for replacement as scheduled. 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 adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AMENDING THE 2005 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE EARLY ORDER/PURCHASE OF FIVE 2006 FORD CROWN VICTORIA POLICE PATROL VEHICLES WHEREAS, five police patrol vehicles (Nos. 311, 331, 332,333 and 334) are scheduled for routine replacement in 2006 as part of the established vehicle replacement schedule; and WHEREAS, it is expected that $136,800.00 in accumulated depreciation will be available in the 2006 Central Garage capital outlay budget for the purchase of said vehicles; and 1' time makes immediate orderin g f o 120 days of total delivery WHEREAS, a minimum o 60 t y ry preferable for 2006 delivery of new vehicles and auction of old vehicles; and WHEREAS, it is possible for the City of Brooklyn Center to participate in the 2005 Minnesota State Cooperative Purchasing Venture; and WHEREAS, replacement vehicles are available on the State Contract #435254 from Elk River Ford Inc. at a total cost of $118,905.50 (not including set -up charges and trade -in allowance). NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the early order purchase of five Ford Crown Victoria police vehicles under the Minnesota State Cooperative Purchasing Venture at a total cost of $118,905.50 is hereby approved. November 28, 2005 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. Item 8a City Council Agenda I em No s Office of the City Clerk X City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk 144*( DATE: November 23, 2005 SUBJECT: Public Hearing: Consideration of Renewal Application for a Currency Exchange License Submitted by Money Centers Holdings LLC, 6219 Brooklyn Boulevard Resolution Authorizing Issuance of a Currency Exchange License to Money Centers Holdings LLC, 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota The Minnesota Department of Commerce has received an application from Money Centers Holdings p pp LLC to renew its currency exchange license to operate at 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota, and has forwarded a copy of the complete application to the City of Brooklyn Center for review. The City Council approved the renewal application last year at its November 8, 2004, meeting. Initial application was approved on July 26, 1999. Minnesota Statute 53A.04 requires the Minnesota Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange proposed to conduct business. The Statute requires the governing municipality to render a decision regarding issuance or denial of the license within 60 days; it also requires the governing municipality to publish notice of intent to consider the license (published in the Brooklyn Center Sun- Post November 10, 2005). Money Centers Holdings LLC has submitted to the Minnesota Department of Commerce a renewal application, along with the appropriate fee, current fee schedule used for cashing checks, surety bond in the amount of $10,000, and background investigation by the Bureau of Criminal Apprehension. Attached is a printout from Police Chief Bechthold regarding police activity at this location since November 1, 2004. The applicant has been notified of the scheduled Public Hearing. Attachments 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number g y y Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO MONEY CENTERS HOLDINGS LLC, 6219 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA WHEREAS, Minnesota Statute 53A.04 requires the Minnesota Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange proposes to conduct business; and WHEREAS, the Minnesota Department of Commerce has received an application from Money Centers Holdings LLC, 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota; and WHEREAS, the City of Brooklyn Center allows for such conduct on premises within the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the issuance of a currency exchange license to Money Centers Holdings LLC to operate at 6219 Brooklyn Boulevard is hereby approved. November 28, 2005 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. Y LL BROOKLYN CENTER iip Y[Yi t}F,Li POLICE DEPARTMENT L MN MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Scott Bechthold, Chief of Police DATE: November 14, 2005 SUBJECT: Money Centers Holdings, LLC Calls for Service Pursuant to your request, the following are the police calls for service to the Money Centers Holdings, LLC located at 6219 Brooklyn Boulevard from November 1, 2004 through November 1, 2005: 11/15/04 Forgery 11/18/04 Disturbing Peace 11/18/04 Disturbing Peace 12/08/04 Disturbing Peace 12/22/04 Fire Call 12/22/04 Suspicious Activity 01/03/05 Forgery 07/01/05 Forgery 07/15/05 Disturbing Peace 09/15/05 Fraud 09/28/05 Forgery 09/30/05 Disturbing Peace 10/29/05 Theft After review of the calls for service of the past year, I do not have any concerns which would preclude the Money Centers Holdings, LLC from license renewal. Please let me know if you have any additional questions or concerns. SB/bb /lb MINNESOTA DEPARTMENT OF 85 7th Place East, Suite 500 COMMERCE St. Paul, Minnesota 55101.2198 651.296.4026 FAX 651.297.1959 TTY 651.297.3067 October 27, 2005 Ms. Sharon Knutson, City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 CERTIFIED MAIL RE: Money Centers Holdings, LLC License #20202409 Currency Exchange License Renewal for 2006 Dear Ms. Knutson: The above -named currency exchange licensee has made application to renew its currency exchange license to operate at: 6219 Brooklyn Blvd. Brooklyn Center, MN 55429 Pursuant to Minnesota Statutes Chapter 53A.04, we are forwarding a copy of the complete renewal application to the City of Brooklyn Center in care of your office for you to review. Minnesota Statutes Chapter 53A.04 requires the Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange conducts business. The law further requires the governing body of the municipality to render a decision regarding the renewal of the license within 60 days. Your cooperation in forwarding this information to the proper unit within your organization is appreciated. Your reply must be received within 60 days of receipt of this letter. If you have any questions, please contact me at the telephone number listed below. Very ly yours, R in H. Brown Financial Examinations Division 651- 282 -9855 651- 296- 9851(Fax) Enclosure Market Assurance: 1.800.657.3602 Licensing: 1.800.657.3978 Energy Information: 1.800.657.3710 Unclaimed Property: 1.800.925.5668 www.commerce.state.mn.us An Equal Opportunity Employer MINNESOTA 2006 LICENSE RENEWAL NOTICE CURRENCY EXCHANGE Money_ Centers Holdings LLC License Type: CURRENCY EXCHANGE of Min License Number: 20202409 6219 BROOKLYN BLVD dCommer Company Structure LLC Dept BROOKLYN CENTER, MN 55429 AUG 3 0 2005 Renewal Fee: $500 Phone Number: (763) 535 -6872 Check this box if you will not be renewing the license for the year 2006. AFFIRMATION: Returning the form will serve as a SURRENDER of the license. I hereby certify that the information and responses contained in this renewal application are true and correct to the best of my knowledge and belief. Cary D. Gellez:,---� President Nam t Title �w 08/26/2005 no Signature Date NOT Subs rib d and sworn to, bef re a Notary Public, this day of C� 2005. r l. State of tary Public Signature v County of J� J z My commission expires rs r You must return this entire 2 -page form with attachments, signed, along with your renewal payment, to: Minnesota Department of Commerce Financial Examinations Division 85 7th Place East, Suite 500 St. Paul, MN 55101 -2198 0 ORRECTIONS /AMENDMENTS: Make name, address or telephone number corrections directly on the form above. For a name change, attach a copy of the amended name filed and stamped by the Minnesota Secretary of State. If the company uses an assumed name in Minnesota and the name is not included in the above information, attach a copy of the Assumed Name Certificate from the Minnesota Secretary of State. P.O. Box addresses are not acceptable. Renewals without a street address will be returned. TIMELY RENEWAL: The renewal form must be signed, notarized, and dated and returned with the correct renewal fee by Sept. 2, 2005. Pursuant to Minnesota Statutes, Chapter 53A.04(a), regarding the licensing of currency exchanges, both state and local approval of the issuance and renewal of a currency exchange license is required. This process may take up to 120 days; therefore, you should return the required forms immediately to ensure a timely renewal. If all required forms are not fully completed and returned to our office with payment by September 2, 2005, your license will lapse effective December 31, 2005. If your license does lapse, you must reapply for a license using the license application form and paying the new license fees. A properly renewed license will be valid through December 31, 2006. RENEWAL FEE: NO CASH ACCEPTED. Please make check or money order payable to MN. DEPT. OF COMMERCE. NOTICE: Dishonored checks will be assessed a $30 service fee by law and may result in failure to renew license. Renewal fees are non refundable except that an overpayment of a fee will be refundable upon proper application. If you have questions, please contact the Financial Examinations Division by e-mail at robin.brown @state.mn.us or by telephone at (651) 282 -9855. MONEY CENTERS 6219 BROOKLYN BLVD BROOKLYN CENTER, MN 55429 Page 1 of 2 MINNESOTA 2005 LICENSE RENEWAL NOTICE CURRENCY EXCHANGE The following information must be completed as part of the renewal application: Attach to this form a list of the name(s), business and residence address, and official title of each director, officer, limited or general partner, manager, shareholder holding more than ten percent of the outstanding stock of the corporation, and employees with authority to exercise management or policy control over the company or member of the licensee. The list should contain the equity ownership of each person. 2. Each person listed in item 1 must request the Bureau of Criminal Apprehension conduct a background investigation on the form provided. Completed forms must be submitted with your renewal application. 3. Attach a current fee schedule of all fees charged by the currency exchange office for cashing checks, money orders or travelers checks. The list must include the type of checks cashed, the fees charged, and whether or not the fees vary depending on the amount of the check. 4. Attach the $10,000 Surety Bond (on the forms provided) with a power of attorney form. The bond must be effective January 1, 2006, until December 31, 2006. 5. Does the licensee have employees at the currency exchange location? Yes X] No If yes, you must provide evidence of current workers' compensation insurance. Attach a copy of the certificate of insurance. 6. Does the licensee operate any other currency exchange locations? Yes No If yes, attach to this form the name of the location, the street address, city, state, zip code, and county. 7. Contact person for questions relatinq to licensinq issues: Money Centers Holdings LLC Name Cary D. Geller Title President Firm Name 6525 Nicollet Ave Richfield MN, 55423 Street Address City State /Zip Code Telephone Number 612 861 -0425 Fax Number 612 866 -4342 carydgeller@msn.com E -mail address 8. Contact person for questions relatinq to consumer complaints: Money Centers Holdings LLC Name Cary D. Geller Title President Firm Name 6525 Nicollet Ave Richfield MN, 55423 Street Address City State /Zip Code carydgeller@msn.com Telephone Number 612 861 -0425 Fax Number 612 866 -4342 E -mail address 9. Contact person at the currency exchanqe location: Name Cary D. Geller Title President 6219 Brooklyn Blvd Brooklyn Center MN, 55429 Street Address Citv State/Zip Code carydgeller@msn.com Telephone Number 612 861 -0425 612 4 Fax Number 866 43 2 E-mail address Page 2 of 2 I'Kn Keep it simple! Corporate Office 6525 Nicollet Avenue P.O. Box 23090 Richfield, MN 55423 Ph:612.861.0420 August 26, 2005 Fx: 612.866.4342 List of Owner Manager Monev Centers Holdings LLC Name Ownership Title Cary D. Geller 100% President Money Centers Holdings LLC 6525 Nicollet Ave. Richfield, MN 55423 Minneapolis: 2945 Dupont Avenue Residence: Ph: 612.861,0350 6145 Arctic Way Edina, MN 55436 2006 Lyndale Avenue Ph: 612.861.0490 2600 Nicollet Avenue Richard P. Krietzman Blazevic 0 0 /0 Sec/Treasurer Ph: 612.870.2885 Money Centers Holdings LLC 6525 Nicollet Ave. St. Paul: Richfield, MN 55423 1532 University Ph: 651.645.3965 Residence: 5520 20 Ave. S. Brooklyn Center: Minneapolis, MN 55417 6219 Brooklyn Boulevard Ph: 763.535.6872 Richfield: 6525 Nicollet Avenue Ph: 612.861.0401 St. Louis Park: 8132 Highway 7 Ph: 952.935.7100 Community Money Centers, Inc. Annex 5 Fee PetPercentage Ch eck Cash of Total Check Amount r,a POMMOO b &bmlaae ar 9* Wd d dmdc anhaa Type of Check 4 Government Check on the first visit 2.5% Government Check $500 or less on subsequent visits 3% Government Check $500.01 or more on subsequent visfs 4% Computerized Payroll on the first visit 6 %o Other Payroll on the first visit 3% All Payroll on Subsequent visits 6% Insurance Check or Draft 3% Money Order Issued by Money Centers 6% Money Order Issued by bank 10% Money Order Issued by others 4% Cashier's Check 12.5% Personal Check ALL CHECKS CASHED ARE SUBJECT TO A 750 PER ITEM SURCHARGE. A $30 per item fee will be charge for returned checks, CCIf We ma r mak rt easy t t Zoe YE'd Cfi ZZ 50, 6Z/60 BOND NUMBER: 94792 Page 1 of 2 STATE OF MINNESOTA DEPARTMENT OF COMMERCE CURRENCY EXCHANGE SURETY BOND KNOW ALL PERSONS BY THESE PRESENTS: That Money Centers Holdings LLC a Minnesota Limited Liability Company (Name of Currency Exchange) (Description or form of business organization, including state of incorporation) with business office at 6219 Brooklyn Blvd., Brooklyn Center, MN 55429 (Street Address, City, State, Zip) as PRINCIPAL and EMPIRE FIRE MARINE INSURANCE COMPANY OF OMAHA. NE (Name of Surety) a corporation duly organized under the laws of the State of Nebraska which is authorized to engage in the business of insurance in the State of Minnesota, as SURETY, are hereby held and firmly bound to the Department of Commerce of the State of Minnesota in the sum of TEN THOUSAND DOLLARS ($10,000). Principal and Surety hereby bind themselves, their representatives, successors and assigns, jointly and severally by these presents. The parties further agree that: 1. The purpose of this obligation, which is required by Minnesota Statutes, Section 53A.08, is to secure the compliance by Principal with the terms of Minnesota Statutes, Section 53A.02 to 53A.13, and any other legal obligations arising out of the Principal's conduct as a currency exchange. 2. This bond is for the benefit of the State of Minnesota and all persons suffering damages by reason of the Principal's failure to comply with Minnesota Statutes, Section 53A.02 to 53A.08, or other legal obligations arising out of Principal's conduct as a currency exchange. 3. If the Principal shall violate Minnesota Statutes, Section 53A.02 to 53A.08, or other legal obligations arising out of its conduct as a currency exchange, the Commissioner of Commerce, as we'll as any person damaged as a result of such violation shall have, in addition to all other legal remedies, a right of action on this bond in the name of the injured party for loss sustained by the injured party: 4. This bond shall be effective from January 1st, 2006 until December 31, 2006. Signed and Sealed this 22nd day of August X �2005 By; EMPIRE FIRE &MARINE INSURANCE CO. I By: (Name of Surety) (Sign a of Atto y f Surety Company) R,YCar vi s By: Money Centers Holdings LLC By: ..l (Name of Currency Exchange) (Signa4e of Sole Pr p r, Partner, or President) CCary D. Geller, President FOR DEPARTMENT USE ONLY Approved as to form and execution by Department of Commerce. Date 1 MN/DOC CE BOND 7/1999 CURRENCY EXCHANGE SURETY BOND 1. This page is to be completed by a notary public for both the Principal and the Surety. Page 2 of 2 2. Please attach the Power of Attorney and Certified Copy of the Corporate Resolution for the Surety listed herein. ACKNOWLEDGMENT OF PRINCIPAL *ATE OF COUNTY OF xxxxxx=0000000000= 1 ss. (SOLE PROPRIETORSHIP) The foregoing instrument was acknowledged before me this day of by (Name of person acknowledged) NOTARY SEAL Notary Public (PARTNERSHIP/LIMITED LIABILITY COMPANY) The foregoing instrument was acknowledged before me this day of a 20 Q� by Cary D. Geller a partner on b alf of (Name of acknowledging partner) Money Centers Holdings LLC a partnership. (Name of partnership /limited liability company) NOTAR )00ublic if k ANDREA J CAMPBELL Notary Public Minnesota yG p l •�E�pi�esh31 *200? C ORPORATION) The foregoing instrument was acknowledged before me this xxxxxxdayof 1UUUUu U,2 by President of (Name of corporate president) orporation, on (Name of corporation acknowledging) (state of incorporation) behalf of the corporation. NOTARY SEAL Notary Public ACKNOWLEDGMENT OF SURETY STATE OF MINNESOTA COUNTY OF hhNNEPIN 1 ss. The foregoing instrument was acknowledged before me this 22nd day of August 2005 b Richard H. Davies, Attorney -in -Fact (Name and title of officer or agent) of EMPIRE FIRE MARINE INSURANCE COMPANY OF OMAHA, NE (Name of corporation acknowledging) a Nebraska corporation, on behalf of the corporation. (state of incorporation) NO flotary Public OPATRICIA J. ZASKE Notary Public Minnesota 2 MN/DOC CE BOND 7/1999 EMPIRE FIRE AND MARINE INSURANCE COMPANY OMAHA, NEBRASKA POWER OF ATTORNEY Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That EMPIRE FIRE AND MARINE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Nebraska, and having its principal office in the City of Omaha, County of Douglas, State of Nebraska, does hereby make, constitute and appoint Richard H. Davies, Carolyn L. Davies, Matthew W. Davies, Jonathan S. Davies and Patricia J. Zaske its true and lawful Attorneys) -in- fact, to make, execute, sign, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds and undertakings of suretyship. NOT EXCEEDING IN AMOUNT One Million and No /100 Dollars ($1.000.000.00 and to bind EMPIRE FIRE AND MARINE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of EMPIRE FIRE AND MARINE INSURANCE COMPANY and sealed and attested to by one other of such officers, and hereby ratifies and confirms all that its said Attomey(s) -in -fact may do in pursuance hereof. This power of attorney is granted under and by authority of Article III, Section 3.1 of the By -Laws of the EMPIRE FIRE AND MARINE INSURANCE COMPANY and by Resolution of the Board of Directors duly adopted as follows: "All bonds, policies, undertakings or other obligations of the corporation shall be executed in the corporate name of the Company by the Chairman of the Board, President, any Vice President, Secretary, any Assistant Secretary, or Treasurer, or by such other officers as the Board of Directors may authorize. The Chairman of the Board, President, any Vice- President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings or other obligations of the corporation." It is certified that the above is a true and exact copy. In Witness Whereof, the EMPIRE FIRE AND MARINE INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed, duly attested by its Secretary this 15th day of July 2004. Attest: EMPIRE FIRE AND MARINE INSURANCE COMPANY Secretary w President STATE OF NEBRASKA ss. COUNTY OF DOUGLAS) On this S�day of Tt•14, A.D. 2004, before me personally came John Kinsler to me known, who being by me duly swom, did depose and say: that he resides in the County of Douglas, State of Nebraska; that he is the Secretary of the EMPIRE FIRE AND MARINE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Signed and sealed at the City of Omaha. Dated iS'' day of 2004. 1 GEM NOTARY State of Nebraska PAULA. MIHlLKA I#yCanan. Ev. M=b 10, 2008 Notary Public CERTIFICATE I, the undersigned, Secretary of the EMPIRE FIRE AND MARINE INSURANCE COMPANY, A Nebraska Corporation DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors set forth in the Power of Attorney are now in force. Signed and sealed at the City of Omaha. Dated the 1st day of January 2006 Secretary EM 40 10 (06 -04) 'L Money Centers Holdings LLC Locations Money Centers Holdings LLC holds currency exchange licenses at the following locations: 1532 University Ave., Suite #100 St. Paul, MN 55104 Ramsey County (651) 645 -3965 6525 Ncollet Ave. S. Richfield, MN 55423 Hennepin County (612) 866 -6505 2600 Nicollet Ave. S. Minneapolis, MN 55408 Hennepin County (612) 870 -2885 6219 Brooklyn Blvd. Brooklyn Center, MN 55429 Hennepin County (763) 535 -6872 8132 Highway 7 St. Louis Park, MN 55426 Hennepin County (952) 935 -7100 M1E]neS0u Legislature Home I Links to the world I Help I Advanced Search f Office of the Revisor Of to u House Senate Joint Departments and Commissions I Bill Search and Status Statutes, Laws, and Rules Minnesota Statutes 2005, Chapter 53A. is Copyright 2 5 b t to of Minnesota. 00 y the Office of Revisor of Statutes, State o 53A.01 53A.01 Definitions. Subdivision 1. Currency exchange. "Currency exchange" means any person, except a bank, trust company, savings bank, savings association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders, or travelers' checks for a fee. "Currency exchange" does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed $1 or one percent of the value of the check or draft, whichever is greater. Subd. 2. Commissioner. Commissioner means the commissioner of commerce. HIST: 1989 c 247 s 1; 1995 c 202 art 1 s 25 02 53A.02 License. Subdivision 1. Requirement. A person may not engage in the business of a currency exchange without first obtaining a license from the commissioner. Not more than one place of business may be operated under the same license, but the commissioner may issue more than one license to the same licensee upon compliance by the applicant with all the provisions of this chapter for each new license issued. Subd. 2. Distance limitation. No license may be issued or renewed under this chapter if the place of business to be operated under the license is located or proposed to be located within one -half mile of another licensed currency exchange. The distance limitation imposed by this subdivision is measured by a straight line from the closest points of the closest structures involved. Subd. 3. Prohibition. A licensee may not contract with another person or business entity to manage the currency exchange business. This subdivision does not prohibit the licensee from employing persons to operate a currency exchange facility. HIST: 1989 c 247 s 2; 1992 c 504 s 2 53A.03 53A.03 Application for license; fees. (a) An application for a license must be in writing, under oath, and in the form prescribed and furnished by the commissioner and must contain the following: (1) the full name and address (both of residence and place of business) of the applicant, and if the applicant is a partnership or association, of every member, and the name and business address if the applicant is a corporation; 0 2) the county and municipality, with street and number, if any, of all currency exchange locations operated by the applicant; and (3) the applicant's occupation or profession, for the ten years immediately preceding the application; present or previous connection with any other currency exchange in this or any other state; whether the applicant has ever been convicted of any crime; and the nature of the applicant's occupancy of the premises to be licensed; and if the applicant is a partnership or a corporation, the information specified in this paragraph must be supplied for each partner and each officer and director of the corporation. If the applicant is a partnership or a nonpublicly held corporation, the information specified in this paragraph must be required of each partner and each officer, director, and stockholders owning in excess of ten percent of the corporate stock of the corporation. (b) The application shall be accompanied by a nonrefundable fee of $1,000 for the review of the initial application. Upon approval by the commissioner, an additional license fee of $500 must be paid by the applicant as an annual license fee for the remainder of the calendar year. An annual license fee of $500 is due for each subsequent calendar year of operation upon submission of a license renewal application on or before September 1. Fees must be deposited in the state treasury and ited to the general fund. Upon payment of the required al license fee, the commissioner shall issue a license for the year beginning January 1. (c) The commissioner shall require the applicant to submit to a background investigation conducted by the Bureau of Criminal Apprehension as a condition of licensure. As part of the background investigation, the Bureau of Criminal Apprehension shall conduct criminal history checks of Minnesota records and is authorized to exchange fingerprints with the Federal Bureau of Investigation for the purpose of a criminal background check of the national files. The cost of the investigation must be paid by the applicant. (d) For purposes of this section, "applicant" includes an employee who exercises management or policy control over the company, a director, an officer, a limited or general partner, a manager, or a shareholder holding more than ten percent of the outstanding stock of the corporation. HIST: 1989 c 247 s 3; 1992 c 504 s 3; 1993 c 354 s 1; 1999 c 223 art 2 s 2 53A.04 53A.04 Approval or denial of an application. *a) Within 30 days after the receipt of a complete application, the commissioner shall deny the application or submit the application to the governing body of the local unit of government in which the applicant is located or is proposing to be located. The commissioner may not approve the application without the concurrence of the governing body. The governing body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. If the governing body has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is p resumed. The issioner must approve or disapprove the application within ays from receiving the decision of the governing body. The governing body shall have the sole responsibility for its decision. The state shall have no responsibility for that decision. (b) If the application is denied, the commissioner shall send by mail notice of the denial and the reason for the denial to the applicant at the address contained in the application. If an application is denied, the applicant may, within 30 days of receiving the notice of a denial, request a contested case hearing pursuant to chapter 14; provided that if the denial is based upon the refusal of the governing body to concur the governing body must afford the applicant a hearing. The applicant shall have no right to the hearing provided for in this section if the denial is based upon the governing body's refusal to concur but shall have a hearing before the governing body. (c) This section applies to initial applications and renewal applications. (d) The state shall have no responsibility for the action of the governing body. HIST: 1989 c 247 s 4; 1992 c 504 s 4 0 53A.05 53A.05 Change of name, ownership, or location. Subdivision 1. Name or location. If a licensee proposes to change the name or location of any or all of its currency exchanges, the licensee shall file an application for approval of the change with the commissioner. The commissioner shall not approve a change of location if the requirements of sections 53A.02, subdivision 2, and 53A.04 have not been satisfied. If the change is approved by the commissioner, the commissioner shall issue an amended license in the licensee's new name or location. A $100 fee must be paid for the amended license. Subd. 2. Ownership. The licensee shall notify the commissioner 30 business days in advance of any change in ownership of the currency exchange. The commissioner may revoke the currency exchange license if the new ownership would have resulted in a denial of the initial license under the provisions of chapter 53A. HIST: 1989 c 247 s 5; 1992 c 504 s 5; 1999 c 223 art 2 s 3 06 53A.06 Fine, suspension, or revocation of license. (a) The commissioner may suspend or revoke any license under section 45.027 if the commissioner finds that: (1) the licensee has failed to pay the annual license fee or to maintain in effect the required bond or to comply with any order, decision, or finding of the commissioner under this chapter; (2) the licensee, or any officer or director of a corporate licensee, has violated any provision of this chapter or any rule a rder of the commissioner under this chapter or chapter 45; (3) the licensee, or any officer or director of a corporate licensee, has violated any other law which would indicate that the person is untrustworthy or not qualified to operate a currency exchange; or (4) any fact or condition exists which, if it had existed at the time of the original or renewal application for the license, would have warranted the commissioner refusing the issuance of the license. (b) A license may not be revoked until the licensee has had notice of a hearing pursuant to the provisions of chapter 14. (c) A licensee may surrender any license by delivery to the commissioner. The surrender does not affect the licensee's civil or criminal liability for acts committed before the surrender, or affect the liability on the bond required by sections 53A.01 to 53A.13, or entitle the licensee to a return of any part of any license fee. (d) Before suspension or revocation of the license, the commissioner may fine a licensee for violations of this chapter as authorized under chapter 45. HIST: 1989 c 247 s 6 0 53A.07 53A.07 Filing of fees; unreasonable fees. Subdivision 1. Approval of fees. Fees charged at each location for check cashing services must be filed with and approved by the commissioner. Subd. 2. Amendment of fees. A licensee may amend its fees at any time by filing the proposed amendments with the commissioner. The application for amendment shall be in writing, under oath, and in the form prescribed by the commissioner. A fee of $50 shall accompany the application. The commissioner shall approve or deny the application 60 days after the filing of a complete application to amend its fees. Subd. 3. Standards; unreasonable fees prohibited. The commissioner may disapprove the fees filed by a currency exchange if they are not fair and reasonable. In determining whether a fee is fair and reasonable, the commissioner shall take into consideration: (1) rates charged in the past for cashing of checks by those persons and organizations providing check cashing services in the state of Minnesota; 0 2) the income, cost, and experience of the operations of currency exchanges existing prior to this enactment or in other states under similar conditions or regulations; (3) the amount of risk involved in the type of check to be cashed and the location where the currency exchange operates; (4) the general cost of doing business, insurance costs, security costs, banking fees, and other costs associated with the operations of the particular currency exchange; (5) a reasonable profit for a currency exchange operation; 0 (6) any other matter the commissioner deems appropriate. The commissioner shall set a separate rate, consistent with the above standards, for checks issued by a government entity in an amount up to $500 to be cashed by a currency exchange. HIST: 1989 c 247 s 7 53A.08 53A.08 Bond. Before a license may be issued to a currency exchange, the applicant shall file annually with and have approved by the commissioner a surety bond, issued by a bonding company authorized to do business in this state in the principal amount of $10,000. The bond must run to the commissioner and is for the benefit of creditors of the currency exchange for liability incurred by the currency exchange on money orders issued or sold by the currency exchange, for liability incurred by the currency exchange for sums due to a payee or endorsee of a check, draft, or money order left with the currency exchange for collection, and for liability incurred by the currency exchange in connection with providing currency exchange services. The issioner may require a licensee to file a bond in an tional amount if the commissioner considers it necessary to meet the requirements of this section. In determining the additional amount of the bond which may be required, the commissioner may require the licensee to file its financial records, including all bank statements, pertaining to the sale of money orders for the preceding 12 -month period. In no case may the bond be less than the initial $10,000 or more than the outstanding liabilities.. HIST: 1989 c 247 s 8; 1992 c 504 s 6 53A.081 53A.081 Annual report and investigations. Subdivision 1. Annual report. On or before April 30, a licensee shall file an annual report with the commissioner for the previous calendar year. The report must contain information that the commissioner may reasonably require concerning, and for the purpose of examining, the business and operations of each licensed currency exchange. Subd. 2. Investigation. The commissioner may at any time investigate the currency exchange business of any licensee and of every person, partnership, association, and corporation ged in the business of operating a currency exchange in the er provided under section 45.027. Subd. 3. Fees and expenses. The licensee shall pay the costs of an examination or investigation in the manner provided under section 60A.03, subdivision 5. Subd. 4. Classification of data. Financial information on individuals and businesses that is submitted to the commissioner in the annual report under subdivision 1 are private data on individuals or nonpublic data. HIST: 1992 c 504 s 7; 1996 c 439 art 1 s 6; 1Sp1997 c 3 s 19; c 208 s 2 53A.09 53A.09 Powers; limitations; prohibitions. Subdivision 1. Deposits; escrow accounts. A currency exchange may not accept money or currency for deposit, or act as bailee or agent for persons, firms, partnerships, associations, or corporations to hold money or currency in escrow for others for any purpose. However, a currency exchange may act as agent for the issuer of money orders or travelers' checks. Subd. 2. Gambling establishments. A currency exchange located on the premises of a gambling establishment as defined in section 256.9831, subdivision 1, may not cash a warrant that bears a restrictive endorsement under section 256.9831, subdivision 3. HIST: 1989 c 247 s 9; 1996 c 465 art 3 s 1 53A.10 53A.10 Violations. y person, firm, association, partnership, or corporation violates this chapter shall be guilty of a misdemeanor. HIST: 1989 c 247 s 10 53A.11 53A.11 Books of account; annual report. The licensee shall keep and use in the licensee's business the books, accounts, and records that will enable the commissioner to determine whether the licensee is complying with this chapter and with the rules adopted by the commissioner. A licensee shall preserve the books, accounts, and records for at least two years after making the final entry. HIST: 1989 c 247 s 11 53A.12 53A.12 Rules. The commissioner may adopt rules under chapter 14 as may be necessary to administer and enforce this chapter. 0 IST: 1989 c 247 s 12 53A.13 53A.13 Fee notice; false advertising; penalty. Subdivision 1. Fee notice. The fees charged by currency exchanges for rendering any service authorized by sections 53A.01 to 53A.13 must be prominently displayed on the premises of the currency exchange in the fashion required by the commissioner. ubd. 2. False advertising. A licensee may not rtise, print, display, publish, distribute, or broadcast any statement or representation that is false, misleading, or deceptive, or that omits material information. Subd. 3. Civil liability; penalty. A person who violates any subdivision of this chapter is liable to the person damaged by the violation for actual damages. The court may award reasonable attorney fees and costs. HIST: 1989 c 247 s 13 53A.14 53A.14 Repealed, 1992 c 504 s 8 53A.misc 2005 Minn. Stats. repealed, etc. secs in chap 53A 53A.14 Repealed, 1992 c 504 s 8 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General auestions or comments. newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as Sun -Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applic- able laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thursday, the 10 day of November 2005, and was thereafter printed and published on every Thursday to and including Thursday, the day of 2005; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abcdefghijkl mnopgrstuvwxyz BY: r CFO Subscribed and sworn to or affirmed before me on this 10 day of November 2005. Mo. ZtW Notary Pu 'c W MARY ANN CARLSON L L+' G A L NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES 1-31-09 Cif of Brooklyn Center (Official Publication) RATE INFORMATION NOTIQE OF INTENT TO CONSIDER A CURRENCY EXCHANGE ENIS Notice is hereby given that the Gity Council of the City of (1) Lowest classified rate paid by commercial users 2.85 oer line Brooklyn Centerwiiiconsider the renewii application for for comparable space a currency szchang® license from Community, Money Centers; ino. dba Money Centers, to operate at 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota. This Maximum rate allowed b law consideration will begivenattheNovember28 ,2005,Cit Y 6.20 Der line Coanc; irneetiggat ,rn- orassoon thereafter as the mat ter may W ,Heard- fide meetit "will be held i the Coun-- cil Ch_ a be of the Broold n Center ci Hall' 6301 Shirr ;szn rr (3) Rate actually charged 1.30 oer line Sha'r`»ia�n .a. (Nov 9,b 20b5jolmloney Centers Curr Etch Lie i City Council Agenda Item No. 9a i MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Spec' list Subject: City Council Consideration Item Planning Commission Application No. 2005 -017 Date: November 18, 2005 On the November 28, 2005 City Council Agenda is Planning Commission Application No. 2005 -017 submitted by Industrial Fund I, LLC requesting Preliminary Plat approval to divide the property located at the northeast corner of Freeway Boulevard and James Avenue North (1600 -1700 Freeway Boulevard) into two lots. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2005 -017 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 November 17, 2005 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 recommended by the Planning Commission. II Application Filed on 10 -27 -05 City Council Action Should Be Taken By 12 -26 -05 (60 Days) Planning Commission Information Sheet Application No. 2005 -017 Applicant: Industrial Fund I, LLC Location: 1600 1700 Freeway Boulevard Request: Preliminary Plat The applicant, Industrial Fund I, LLC, the owner of the property addressed as 1600 and 1700 Freeway Boulevard, is seeking preliminary plat approval to divide that property into two lots so that each of the two buildings currently on that lot would be located on a separate lot. The property under consideration is zoned I -1 (Industrial Park) and is located at the northeast corner of Freeway Boulevard and James Avenue North. It is bounded on the north by I -1 zoned property containing an industrial building; on the east by R -5 zoned property containing an apartment complex use; on the south by Freeway Boulevard with C -2 (Commerce) zoned property on the opposite side of the street; and on the west by James Avenue North with I -1 zoned property on the opposite side of the street. The subject property is 257,931 sq. ft. in area (5.9213 acres) with a legal description of Lot 3, Block 1, Twin Cities Interchange Park and Outlot A, Brooklyn Center Industrial Park Plat 2. It contains two approximate 122 ft. x 332 ft. industrial buildings separated by a shared loading area. The loading area is screened from Freeway Boulevard by a masonry wall running between the two buildings. The proposed plat would divide this lot into two lots by establishing a new north/south property line down the middle of the loading area to create separate lots for the two existing buildings. The new legal descriptions would be Lots 1 and 2, Block 1, Interchange Addition. The proposed Lot 1, would be 120,970 sq. ft. (2.7771 acres) and contain the building addressed as 1700 Freeway Boulevard. The proposed Lot 2 would be 136,961 sq. ft. (3.1442 acres) and contain the building addressed 1600 Freeway Boulevard. Each of the lots and buildings on them would meet the minimum requirements for lots and buildings in the I -1 zoning district such as lot width, area, building setbacks and parking. There would continue to be a shared driving/access area to the loading docks at the rear of the two buildings and necessary cross access agreements will be needed for this arrangement. The parking requirement for buildings in an I -1 zone is a combination of the office and industrial parking formulas; one space for every 200 sq. ft. of gross floor area for the office portions of the building and one space for every 800 sq. ft. of gross floor area for the industrial/production/ storage area of the building. Sufficient parking exists to meet these parking formulas. The building at 1600 Freeway Boulevard can accommodate more office space than 1700 Freeway Boulevard because there are more parking spaces on that proposed lot. 11 -17 -05 Page 1 The City Engineer/Director of Public Works is reviewing the preliminary plat and his written comments will be attached for the Commission's review. Separate sewer and water lines will be required to the two buildings. Utilities to serve the buildings are located in Freeway Boulevard. The City Engineer will recommend that 10 ft. wide drainage and utility easements be established around the erimeter of the properties. Access to the properties is unchanged, separate accesses p P p p P off Freeway Boulevard for each of the proposed lots and also one off James Avenue North to the proposed Lot 1. Cross access through the lots will exist and should be memorialized through an appropriate agreement. A public hearing has been scheduled for the preliminary plat application and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. RECOMMENDATION The proposed preliminary plat appears to be in order and is a relatively simple division of the lot. Approval of the application is recommended subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Ten foot wide drainage and utility easements shall be indicated around the perimeter of the properties as recommended by the City Engineer. 4. Appropriate cross access agreements, in a manner approved by the City Attorney, shall be executed and filed with the final plat. 11 -17 -05 Page 2 �rr'� �rE�� N r rrrrtrr�l� n Mrrrrr �r SRr■ oil n ZZ., I .rrr�r�rrrtrW AW till lilt nNo a ll ;j war wEi rt 1 ■w r�� ■fir i ri r ��s��■ �rrM�rrrrrrr �rMr rt�a■ r��SMrrrittrrr�r, cC- a rr■ Basisttrrr Kim mass rrrrr Mrt� /Irk r.., Y '1 1 r r X1 1 P i t t NTH W O rx sr r ksd z s. 3�, r x`4 s 1 n rr 5. s Qy, i x ai �,'e.�, P W y 4" t +fS .3 Y S a w +iIr L %ate rl 1 ��'zSa I N o y p p x =fib ems^ 6 a- T I R 'r':>, fit d mom a a. i r ^stx. �d e A h wiz t MEN, -6-2 0 g j t t n�U S t "7 s r O KLA N" w r#� �3 M f���t C �r s a�; x 'y�C �r M' xiSMY�3u�t�*11L'j+f`re+•ror,A t!'�� K 'E3s`k"NM �'•4p1M'�9Fit $�"„5"'€.�.« E go y'MCr�+,v ^2 RA yam `3^ ,.r i x�a£� R PF rr;;•SY,��q(�v`rt. Q �6f'k u.. +ko�.,* 4 IMF �,y If &rise k i F:. s vsC .t n E��� ta a*, YS1n^a" ty X, f^ .�3 e+F Swal 3�r 0 's� �er ,�,a•.� x z X ��y+r*. 1 i. �^k�'rr a��2 �a •t s. ..x qT City of Brooklyn Center A Millennium Community MEMORANDUM DATE: November 15, 2005 TO: Ron Warren, Planning and Zoning Specialist 22 FROM: Todd Blomstrom, Director of Public WorksY SUBJECT: INTERCHAGE ADDITION Preliminary Plat Review Planning Commission Application 2005 -17 Public Works Department staff reviewed the preliminary plat for INTERCHANGE ADDITION dated October 27, 2005 as submitted for review under Planning Commission Application 2005 -017. The preliminary plat generally consists of the subdivision of Lot 3, Block 1, TWIN CITIES INTERCHANGE PARK ADDTION and incorporation of Outlot A of BROOKLYN CENTER INDUSTRIAL PARK PLAT 2. The following recommendations regarding the preliminary plat are provided for consideration. 1. The applicant shall verify that water and sewer services for both existing buildings extend directly from the public right -of -way to the buildings and do not cross adjacent lots before connecting to the buildings. 2. The applicant shall provide the City with an executed copy of a shared access easement for the proposed shared driveway access onto James Avenue North prior to release of the final plat. 3. The applicant shall be responsible for coordinating property boundary modifications with Xcel Energy, CenterPoint Energy, Quest Communications and other private utility companies. 4. All easements as shown on the preliminary plat shall be dedicated to the public for public use with the final plat. 5. The applicant property owner shall enter into a utility maintenance agreement with the City to provide for the long term maintenance of storm sewer extending along the common property line between Lot 1 and Lot 2. A draft form of the agreement is available from the Engineering Division office. 6. The final plat shall conform to the requirements of Chapter 15 of the City Ordinances. 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 1' J W OAMF .RYES AKMe PRPXR1 LLC Lx ■erA 1 TWIN ORES M1ERC PART -Hen p Ceu K Yim J .S)0 !AYES AKMAC NdM I w 7. )STORY CONCRETE &OLR BUO.BINC t wlbl A. 004 h USIIRAL PARK RAT 2 N I Cw 4 I ..1 1 1 y` r, j wl'1 In Y tld IndY PM w ne aYec ,werW N897 37 579.21 I J j�. n y L 1 L j c f /I+ml er'�"•..� 1 t Y 1 •oo ux L Ij LLL AeF Tl IP• Mi 7. .Ri"•�',.•.. i j F: I I fi k 1 Le mLU.n.. zm]s 1 1 I 6 W a,(•�$ i_ wh x .knnl�we: a zoo I 1 t V a. �c Y j' t 3 F y wl. x wr»R a n., zcos L 1 I I 'i i t•� �''�I I c J y c p R a x 9nas 1 I I I I I� E 1. 1Ne e4enlnlhn 1 mr ereLern le Neeee m• eau1N nn� x 9i. 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(952 umn..xa 554H ,I Panc (9s1) st9 sN7 w i� 4� SITE DATA LOT 1 120.1 SQUARE FEET OR 2.1111 ACRES LOT 2 175,951 SQUARE FEET OR 3.1442 ACRES y'P .y 1 I .fit, y I 1 x TOTAL SITE 257.931 SQUARE FEET OIL 5.9217 ACRES ALE i¢ i yC I e N 1 E 1 I I nmr,IEy.wu I �f I• go 30 5 -4 ♦I I I T r O r SCALE M FEET IF �t I p ,r! e!C 'L- -�2E .N A ---"A' y 1 c r LE SSS!!! DL R V 27116 T I E O MANHl2E OYERHEAO IWRES 3-- x a i 589' -17 W 15J�,7. F1 j y O CAM. SASH r -UNDERGROUND TELEPHONE W BENCH I UNOERCROUND ELECTRIC yyyfff -tl OR U I 1 I •777 7 t' a... ..•••^b ;���5� g O MWRRT uNOEROUND GAS ON }1+� r..yu S SANITARY SEWER F A -c RcHoR -STROJ SEWER I 'I POWER POLE WATERMAIN 8 I I ,I ra I 4 I S •1• I U01T P0.E UNDERCRONO FIBER OPTIC O �t- `i••L- -r,_ D Y TELE YPNON LK IF BDIf e IS F IN K COINI LIGHT Y )COL.. aLAN40RMER 0 4 rir. FOUHD YNLULLEwI S POST MOCATOR VAIK 1 6 WOIRIRE Li f” A IP ONNCR: LAMYAIYL PIKWYANAIAY PI. 1 d rO X OWQR' wKS PPO^ERIY BR01511M -MR. III, O SET Y SPM -L r GAS I&E R 131. METER Ma's axnr NwM Lerwr ewEVAaS I 1 301 iREEWAr 90aLNRO AUTO SRONKLER s GAS YEIER NR CONaRONER CURD POST SEMAPNIXLE ■tUMM0U5 SUFACE e;0 HANOHQE Q CONCRETE SURFACE BOOK PA 1 CH IEF REVISIONS PRE F: IMINARY PLAT O SURVEY FOR: PROPERTY ADDRESS: EGAN, FIELD, NOWAK, INC. I 5 "-_DAl` M=uPI� INTERCHANGE 1800. 1700 FREEWAY ^suRVE�roRSSINCE te7a•F u9nwu eY. BOULEVARD E F v CB RICHARD ELLIS INC. 74IaWA,rneLw.MIHN9APOUS.M_----A S8428 Y BROOKLYN CENTER, MN 58430 N PHONE (952) 5488837 FAX (952)8488839 J. -7277' L LG jzz2E QC- WEB: EFNSURVEY.COM BYECKEO I I ADDITION -T IS ■A 9r aYt Fne •Norm e,C 0._WIL TLY_ 1 a1 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 17, 2005 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Eric Berns, Graydon Boeck, Rachel Lund, Rex Newman, Sean Rahn and Tim were Secretary to the Planning Roche were present. Also present y g Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. APPROVAL OF MINUTES OCTOBER 27.2005 There was a motion by Commissioner Roche, seconded by Commissioner Lund, to approve the minutes of the October 27, 2005 meeting as submitted. The motion passed unanimously. 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. DISCUSSION ITEM PARKING AND STORAGE OF VEHICLES IN THE FRONT YARD OF R -1 ZONES Mr. Warren pointed out the draft ordinance put together by staff at the direction of the Planning Commission following the October 27, 2005 meeting. He stated that the Commission had determined that there wasn't a need to amend the city ordinances with a number of matters previously discussed that perhaps stepped up enforcement would take care of the problem. The ordinance is a simple change in terms of wording but has an impact on the parking and storage of vehicles as far as the number of vehicles and where they can be parked. The draft ordinance establishes the Commission's recommendation that the number of vehicles parked in front yards and yards abutting a public street in residential areas be limited to six. Chair Wilson commented that the Commission felt that better enforcement would address many of the issues discussed and that the ordinance amendment before the Commission was the only item suggested for further review. The Commission discussed definitions in the city ordinances related to the proposed ordinance amendment being considered and asked for further comments from Mr. Will Dahn who had an interest in the discussion and was present at the meeting. 11 -17 -05 Page I Mr. Dahn stated that the proposal he had submitted was far more encompassing and in line with keeping the city looking attractive but he appreciates what has been done with the ordinance amendment. He added that stating the exact number of cars limited in a residential area makes it absolutely enforceable and he appreciates the work the Planning Commission has done in reviewing this matter. Commissioner Boeck thanked Mr. Dahn for his efforts in presenting this issue to the Planning Commission in order to better the community. Commissioner Lund also thanked Mr. Dahn for taking the initiative to pursue this matter. Commissioner Roche recommended adoption of the draft ordinance amending Chapter 19 of the City Ordinance regarding the parking and storage of vehicles, trailers and watercraft in front yards or yards abutting a public street. The recommendation was seconded by Commissioner Berns. Voting in favor: Chair Willson, Commissioners Berns, Boeck, Lund, Newman, Rahn, and Roche. The motion passed unanimously. Mr. Warren stated that the ordinance amendment would be reviewed by the City Council at a work session and he would keep the Planning Commission informed as to when that would be. APPLICATION NO. 2005 -017 INDUSTRIAL FUND I. LLC Chair Willson introduced Application No. 2005 -017, a request for preliminary plat approval to divide the property located at the northeast corner of Freeway Boulevard and James Avenue North (1600 -1700 Freeway Boulevard) into two lots. The proposed Lot 1 would be 120,970 sq. ft. (2.7771 acres) and contain the building addressed as 1700 Freeway Boulevard. The proposed Lot 2 would be 136,961 sq. ft. (3.1442 acres) and contain the building addressed 1600 Freeway Boulevard. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 11 -17 -05 and the Director of Public Works' memo dated 11 -15 -05 for Application No. 2005 -017, attached.) Mr. Warren explained that separate sewer and water lines will be required to the two buildings. Access to the properties is unchanged, separate accesses off Freeway Boulevard for each of the proposed lots and also one off James Avenue North to the proposed Lot 1. Cross access through the lots will exist and should be memorialized through an appropriate agreement. PUBLIC HEARING APPLICATION NO. 2005 -017 There was a motion by Commissioner Lund, seconded by Commissioner Roche, to open the public hearing on Application No. 2005 -017, at 8:13 p.m. The motion passed unanimously. Chair Willson called for comments from the public. 11 -17 -05 Page 2 Mr. Jeffrey Johnson, 200 Coon Rapids Boulevard, Coon Rapids, attorney representing the applicant, introduced himself and stated that the staff report is very thorough and he would welcome any questions by the Commissioners. Commissioner Berns inquired as to why this property was being replatted. Mr. Johnson responded that this property is being separated because there are two owners who desire separate ownership. Commissioner Newman asked who would be responsible for the common/shared areas once it is replatted. Mr. Johnson explained that there would be an easement dedication which would benefit each of the individual owners regarding maintenance and parking but basically maintenance of the property would be the responsibility of each of the owners. He added that the owner of 1700 Freeway Boulevard would be responsible for the easement area as far as snow removal and lawn maintenance and the owner of 1600 Freeway Boulevard would be responsible for their grounds as well as all of the areas not covered by the easement agreement. Commissioner Lund asked about the nature of the business within the building. Mr. Johnson stated that it is an industrial building and primarily houses warehouse use with some office space. No other persons from the public appeared before the Commission during the public hearing on Application No. 2005 -017. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Roche, to close the public hearing on Application No. 2005 -017, at 8:22 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. 2005 -017 There was a motion by Commissioner Lund, seconded by Commissioner Berns, to recommend to the City Council that it approve Application No. 2005 -017, submitted by Industrial Fund I, LLC for preliminary plat approval to divide the property located at the northeast corner of Freeway Boulevard and James Avenue North (1600 -1700 Freeway Boulevard) into two lots subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 11 -17 -05 Page 3 I� 3. Ten foot wide drainage and utility easements shall be indicated around the perimeter of the properties as recommended by the City Engineer. 4. Appropriate cross access agreements, in a manner approved by the City Attorney, shall be executed and filed with the final plat. Voting in favor: Chair Willson, Commissioners Berns, Boeck, Lund, Newman, Rahn, and Roche. The motion passed unanimously. The Council will consider the application at its November 28, 2005 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS Mr. Warren inquired of the Commission members whose terms are expiring on December 31, 2005 if they plan to continue serving on the Planning Commission. Commissioners Roche and Lund expressed interest in continuing to serve on the Commission. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:25 p.m. Chair Recorded and transcribed by: Rebecca Crass 11 -17 -05 Page 4 City Council Agenda Item No. 10a City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmemb s rmody, Lasman, Niesen, and O'Connor FROM: Michael J. McCauley, City Manager DATE: November 21, 2005 SUBJECT: 2006 City Council Meeting Schedule As discussed at the November 14, 2005, City Council Work Session, attached is a draft of the 2006 City Council Meeting Schedule which includes: City Council meetings on the 2nd and 4th Monday of the month. Joint meetings with the Financial Commission June 5 Budget and Report from Auditors August 21 General Fund Budget October 16 Enterprise Fund Budgets November 20 All Funds Budget Truth in Taxation Hearing December 4 Canvass election results of Primary and General elections set for September 13 and November 8. A facilitated retreat has been included with date and location to be determined, as well as facilitator. The Housing Commission has requested a joint meeting with the City Council and that has been scheduled for January 9 at 6 p.m. prior to the City Council Regular Session. Yet to be proposed are dates for joint meetings with the Financial Commission regarding Centerbrook Golf Course and discussion of the water and sanitary sewer utility rates. h 6301 Shingle Creek Parkway Recreation and Community Center Phone TD Number g y ea y D um r e 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 City of Brooklyn Center DRAFT 11121105 2006 City Council Meeting Schedule Regular City Council Mee #Ings Special City Council Meetings Counc l Chambers All dates are Monday unless otherwise noted'. City .HaN January 9 6:00 p.m. Joint Meeting_ w /Housing Commission CR Study/Work Session 6:00 p.m. Informal Open Forum 6:45 p.m. Facilitated Retreat Date to Be Determined Later May 1 7:00 p.m. Regular Session 7:00 p.m. Board of Appeal Equalization CC Work Session immediately following June 5 (Continued) Regular Session Work Session w /Auditor and Budget Work Session w /Financial Commission 6:30 p.m. Brooklyn Center City Council regularly CC meets the 2nd and 4th Monday each August 21 6:30 p.m. month, unless Monday is a holiday. Budget Work Session January 9 w /Financial Commission CC January 23 September 13 (Wednesday) 5:00 P.M. February 13 Canvass Primary Election Results CC February 27 October 16 6:30 p.m. March 13 Budget Work Session (Enterprise Funds) March 27 w /Financial Commission CC April 10 November 8 (Wednesday) 5:00 P.M. April 24 Canvass General Election Results CC May 8 November 20 6:30 p.m. May 22 Budget Work Session June 12 w /Financial Commission CC June 26 December 4 7:00 p.m. July 10 Initial Truth In Taxation CC July 24 December 11 6:00 p.m. August 14 Continuation Truth In Taxation (if needed) CC August 28 September 11 September 25 October 9 October 23 November 13 November 27 December 11 All dates are subject to change. Call City Hall at 763- 569 -3300 to verify dates and times. Strikethrough indicates meeting has been CANCELED. CR Council /Commission Conference Room located in lower level City Hall CC Council Chambers located in upper level City Hall EBHC Loft Earle Brown Heritage Center Loft, 6155 Earle Brown Drive City Council Agenda Item No. 10b City of Brooklyn Center A Millennium Community MEMORANDUM DATE: -November 22, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works �a SUBJECT: Resolution Adopting 2006 Sewer Utility Rates, Fees and Charges Resolution Adopting 2006 Water Utility Rates, Fees and Charges Resolution Adopting 2006 Street Light Rates and Charges Resolution Adopting 2006 Recycling Rates and Charges Attached are four resolutions establishing the 2006 rate schedules for the water, sanitary sewer and street light utilities as well as quarterly recycling fees. The proposed rates are based on the information presented at the City Council and Financial Commission Joint Work Session on November 21, 2005. Water and sanitary sewer rates are proposed to increase by 4.0 percent to provide funding for projects included in the city's Capital Improvement Program. The street light quarterly charge is proposed to increase 3.0 percent, which is the same rate adjustment adopted in 2004. A rate increase for the storm sewer utility is not proposed for 2006. The quarterly recycling fee is proposed to increase 5.0 percent. 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 c't o r ookl ncenter.or L www. a y fb y g Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2006 SEWER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Sewer Utilityrates, fees and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2006. 2006 SEWER UTILITY RATE SCHEDULE Sewer Rates, Fees and Charges Base Rate Quarterly Residential Single Family Apartment Senior Citizen Year 2006 $59.46 $41.55 $32.70 Non- Residential Rate Year 2006 $2.37 per 1,000 Gallons SAC Charge set by MCES Fees Fee Established by MCES Charges Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 Line cleaning charge Labor, materials, equipment and overhead Sanitary Sewer Connection Established annually by resolution November 28. 2005 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2006 WATER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Water Utility rates, fees and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2006. 2006 WATER UTILITY RATE SCHEDULE Water Rates, Fees and Charges Base Rate Year 2006 $1.11 per 1,000 Gallons Quarterly Minimum Rate Meter Size 2005 Ouarterlv Minimum Chartee 5/8 7.70 3/4" 12.10 131 15.38. 1 19.78 299 38.47 3 11 76.93 4" $130.79" 6" $300.04 8" $566.01 10" $753.96 Fees Purchase Water Meter 5/8" or 3/4 52.00 Purchase Water Meter Larger than 3/4" Cost plus $2.00 Fire protection inspection 52.00 Private hydrant maintenance Labor, materials, equipment and overhead RESOLUTION NO. Charges Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 Service Restoration $31.00 Monday through Friday (except holidays) Between the hours of 7:30 AM and 3:00 PM Service Restoration $83.00 Saturday, Sunday, Holidays and Between the hours of 3:00 PM and 7:30 AM Delinquent meter reading per account $2.00 -First Quarter (per consecutive quarter Non Refundable) $5.00- Second Quarter $14.00 -Third and subsequent Quarter Curb stop stand pipe repair $40.00 Hydrant Meters 5/8" or 3/4" Meter Deposit $100.00 Daily Rental 2.00 Monthly Rental 20.00 Minimum Rental 20.00 Hydrant Meters 2 1/2" Meter Deposit $700.00 Daily Rental 14.00 Monthly Rental $140.00 Minimum Rental $140.00 Water Connection Established annually by resolution ACH service charge .50 per quarter per customer November 28, 2005 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2006 STREET LIGHT RATES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Street Light Utilityrates and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2006. 2006 STREET LIGHT UTILITY RATE SCHEDULE Street Light Rates and Charges Quarterly Rates Customer 2006 Ouarterlv Char$e Per Dwelling Unit: Single, Double and Multiple Family Residential 3.31 Per Acre: Parks 5.52 Schools, Government Buildings, Churches $11.03 Retail and Service -Office $16.55 Commercial and Industrial $16.55 Vacant Land and Open Space As Assigned Charges Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 November 28. 2005 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2006 RECYCLING RATES WHEREAS, the City of Brooklyn Center is a member of the Hennepin Recycling Group (HRG), which is a joint powers group organized pursuant to Minnesota Statutes Section 471.59 (1987); and WHEREAS, the purpose of the j oint powers agreement is to create an organization by which member cities may jointly and cooperatively provide for the efficient and economical collection, recycling and disposal of solid waste within and without their respective corporate boundaries in compliance with the Minnesota Waste Management Act, Minnesota Statutes Chapter 115A (1987); and WHEREAS, the HRG has established a curbside recycling program for its member cities to meet the requirements of Hennepin County Ordinance No. 13, Solid Waste Source Separation for Hennepin County; and WHEREAS, the HRG invoices the City of Brooklyn Center for the cost of recycling serviced based on a per household rate; and WHEREAS, the City of Brooklyn Center must establish rates to fund the City's curbside recycling program and the cost for projected reimbursement of recycling charges from the HRG along with other program operating charges; and WHEREAS, Brooklyn Center Ordinance No. 89 -11 authorizes the City to establish rates for recycling services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the per household monthly recycling rate of $2.45 is hereby approved and shall be effective for all billings issued on or after January 1, 2006. November 28, 2005 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. AMENDED AGENDA CITY COUNCIL \ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 28, 2005 Immediately Following Regular City Council and EDA Meetings Starting at 7:00 P.M. City Council Chambers 1. Planning Commission recommendation on limiting the number of cars in residential areas. 2. Review of Opportunity Site 3. Council Member Niesen: decision makine flowchart/checklist 4. Council Member Niesen: Council anoroval of mailing for January Opportunity Site Onen House 5. Miscellaneous 6. Adjourn Page 1 of 1 Michael McCauley From: Diane Niesen Sent: Sunday, November 27, 2005.11:47 PM To: Michael McCauley Subject: Proposal: decision- making flowchart/checklist for 11 -28 work session Attachments: decision making flow.chart.doc Mike, Please add this item to tomorrow night's work session and include this email request. Thank you, -Diane WHAT: Decision- making PURPOSE: Standardize approach to framing Agenda items of a certain financial magnitude BENEFIT: Reduce time debating facts and shift focus to debating opinions; assure all key decision points are presented and known before votes are taken; introduce council timeframe for acting on issues of a certain financial magnitude. 11/28/2005 Wooklyn Center City Council Proposal: Decision making flow chart reference By: Councilmember Diane Niesen, 11 -28 -05 DECISION CHECKLIST For non routine City matters involving over $500 of City resources Presented first time at City Council Meeting on: Presented additionally at City Council Meetings on: FACTS /ANSWERS VALUES/JUDGMENT /OPINIONS 1 Categorize issue /opp►rtunity 2 ID issue stakeholders 3 ID resources requested/needed 4 List benefits /drawbacks 5 ID significant risks 6 Weight items from #4 and #5 7 ID all potential people/businesses /groups, etc. that could be impacted 8 ID key questions /issues /decisions to be addressed as members see them 9 Reference timeline guideline (to be created) 10 After being presented facts per adopted timeline guidelines, come prepared to discuss the facts and debate merits of item based on members' opinions and values 11 VOTE 1. public health safety; business support; service /delivery; budget amendment/decision /priority; communication; community; i 2. primary, secondary, peripheral 3. financial; staff time; Council time; external consultants 7. City (residents), or greater community (county/state /other city). 9. Embrace a timeframe for things presented to Council. (guidelines for not voting THAT NIGHT on things presented to us. Page 1 of 1 Michael McCauley From: Diane Niesen Sent: Thursday, November 24, 2005 1:54 PM To: Michael McCauley Subject: Request: submit text proposal for Oppor. Site public meeting before mailing I believe it is important for the Council to see, and approve, the final proposed communication text for the January public meeting /presentation for the Opportunity Site." This action is very important to the future of BC and, as such, council members will be judged highly on its planning and execution. My goal is to have the citizens get a clear, concise, correct invitation that gives the facts to date accurately, and in a completely objective way. This is a community effort supported and overseen by the Council, staff, the consultants, and the task force. It is important now, that the public know they are front and center, that they feel that they are. We meet Monday, 11 -28. Please add this item to our Agenda so the communication can be approved by the Council. Thank you. 11/28/2005 AGENDA CITY COUNCIL \ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 28, 2005 Immediately Following Regular City Council and EDA Meetings Starting at 7:00 P.M. City Council Chambers 1. Planning Commission recommendation on limiting the number of cars in residential areas. 2. Review of Opportunity Site 3. Miscellaneous 4. Adjourn City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O' Comzor From: Michael J. McCauley City Manager Date: November 22, 2005 Re: Work Session Agenda Items 1. Planning Commission Recommendation to limit the number of cars in residential front yards a. The Planning Commission has made a recommendation to limit the number of cars in residential front yards. The item is on the agenda for Council direction. Mr. Dahn will be notified that the Council is considering the matter. 2. Review of Opportunity Site a. This item is on the agenda for an informal discussion of options regarding the use of tax increment proceeds and pre development acquisitions. 6301 Shingle Creek Parkway ay 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.cityofbroohlyncenter.org Memorandum TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Spec4 SUBJECT: Recommended Ordinance Amendment Regarding the Parking and Storage of Vehicles DATE: November 22, 2005 Attached is a copy of a draft ordinance amendment recommended by the Planning Commission which would amend Chapter 19 of the City Ordinances regarding the parking and /or storage of vehicles, trailers and water craft in front yards or yards abutting a public street by limiting the number of vehicles parked or stored in these residential areas to no more than six. This ordinance amendment was recommended by the Planning Commission on November 17, 2005 following review and discussion of this matter and related matters at a number of Commission meetings. The City Council at its work session on September 12, 2005, requested the Planning Commission to review the parking and storage of vehicles on residential lots in light of recommendations and suggestions made by Mr. Willis Dahn relating to areas of concern that he had with respect to the city ordinances. The Commission considered these matters at three meetings (September 29, October 13 and November 17, 2005) resulting in the ordinance amendment recommendation. At the meeting when the Commission first discussed this matter (9- 29 -05) they reviewed it, framed the issues to be reviewed further and requested that they be provided with information regarding the existing ordinance language for future study and discussion. They also heard from Mr. Dahn and considered his recommendations. The Commission again considered this matter at their October 13, 2005 meeting where they reviewed existing ordinance language, the requested revisions and further comments and input from Mr. Dahn. The Commission members concluded that, for the most part, there was not a need for major changes to the existing ordinances and that more consistent enforcement of the ordinance was perhaps needed. The Commission was polled regarding the specific suggested recommendations by Mr. Dahn. They favored no ordinance changes other than limiting the number of vehicles allowed to be parked or stored in a front yard or yard area abutting a public street to no more than six. The Commission directed such an ordinance amendment to be drafted for further consideration at a future Planning Commission meeting. Such a draft ordinance was prepared and resented to the Planning Commission on p P g November 17, 2005. Again, after further review discussion and also comments from Mr. Dahn, the Planning Commission unanimously recommended approval of an ordinance amending Chapter 19 of the City Ordinances regarding the parking and /or storage of vehicles, trailers and water craft in front yards or yards abutting a public street. Attached are copies of the Planning Commission Agenda cover sheets and minutes from the September 29, October 13 and November 17, 2005 Planning Commission meetings and a copy of the draft ordinance amendment. It is my understanding that this matter will be brought to the City Council's attention at their November 28, 2005 work session. I I J PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 29, 2005 STUDY SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes August 25, 2005 4. Chairperson's Explanation The Planning Commission is 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. 5. GiGi Yanis 2005 -014 Request for a Special q p Use Permit to conduct a home occupation that involves customer traffic at 5549 Brooklyn Boulevard. 6. Discussion Items: a. Parking and storage of vehicles in the front yard of R -1 zones. 7. Other Business 8. Adjournment i MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 29, 2005 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:33 p.m. ROLL CALL Chair Tim Willson, Commissioners Rex Newman, 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. Eric Berns and Rachel Lund were absent and excused. Graydon Boeck was absent and unexcused. APPROVAL OF MINUTES AUGUST 25.2005 There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to approve the minutes of the August 25, 2005 meeting as submitted. The motion passed unanimously. 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. 2005 -014 GIGI YANIS Chair Willson introduced Application No. 2005 -014, a request for a Special Use Permit to conduct a home occupation that involves customer traffic at 5549 Brooklyn Boulevard. The property is zoned R -1 (One Family Residence). Home occupations that involve customer traffic at the home are considered special uses requiring the granting of a special use permit by the City Council following review and public hearing by the Planning Commission. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 9 -29 -05 for Application No. 2005 -014, attached. Commissioner Newman asked about allowable signage for the home occupation. Mr. Warren responded that the applicant already has signs displayed for her business that were approved by the City and no additional signs would be allowed. PUBLIC HEARING APPLICATION NO. 2005-014 There was a motion b Commissioner Newman, seconded b Commissioner Roche, to open the Y Y public hearing on Application No. 2005 -014, 7:45 at p.m. The motion passed unanimously. Chair Willson called for comments from the public. The applicant, GiGi Yanis, 5549 Brooklyn Boulevard introduced herself. Chair Willson asked the applicant what hours she would be open for business. Ms. Yanis replied that she plans to operate by appointment only between the hours of 9 a.m. to 7 p.m. Commissioner Roche asked if Ms. Yanis had talked to her neighbors about her proposal. Ms. Yanis responded that she had talked to the neighboring property owner about her plans. No other persons from the public appeared before the Commission during the public hearing on Application No. 2005 -014. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Roche, to close the public hearing on Application No. 2005 -014, at 7:47 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. 2005-014 GIGI YANIS There was' a motion by Commissioner Newman, seconded by Commissioner Rahn, to recommend to the City Council that it approve Application No. 2005 -014, submitted by GiGi Yanis for a Special Use Permit to conduct a home occupation that involves customer traffic at 5549 Brooklyn Boulevard subject'to the following conditions: 1. The special use permit is granted for a home occupation involving customer traffic related to palm and tarot card readings to be conducted on an appointment only basis at 5549 Brooklyn Boulevard. The home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit 2. The special use permit is subject to applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. All parking associated with the home occupation shall be off street on improved space provided by the applicant. Vehicle parking on the property shall be in compliance with Section 19 -103, Subdivision 12 of the City Ordinances. 4. The hours of operation shall be between the hours of 9 a.m. and 7 p.m. Customers shall be served on an appointment only basis. 5. The applicant shall comply with the recommendations of the Building Official with respect to safety related matters following inspection of the property. 6. There is no over the counter sales of merchandise comprehended through the granting of this special use permit. Any sales related to this home occupation shall be conducted off premises. Voting in favor: Chair Willson, Commissioners Newman, Rahn, and Roche. The motion passed unanimously. The Council will consider the application at its October 10, 2005 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. DISCUSSION ITEM: PARKING AND STORAGE OF VEHICLES IN THE FRONT YARD OF R -1 ZONES Mr. Warren explained that the Commission has been provided copies of documents that were reviewed by the City Council regarding limiting the parking of vehicles both in the front and back yards of residential property. He further stated that city ordinances state that any vehicle parked in a residential area must be properly licensed AND operable. The only exception to that is for pioneer, classic and collector vehicles. In that case the vehicles must be currently licensed as such but they do not have to be operable provided they are stored in a building or behind an opaque wall screened from view. Mr. Warren stated that the same section of the ordinance prohibits the storage of junk cars and auto parts unless stored in a garage. Mr. Warren added that some of the issues surrounding parking of vehicles is really part of the nuisance ordinance and some of the problems related to parking of these vehicles could be dealt with by better enforcement. Mr. Warren noted that Mr. Will Dahn, 5743 Knox Avenue North, who introduced this issue to the City Council, is present at this evening's meeting. Mr. Dahn described his history with the city as a resident and former employee and how the ordinance was enforced at the time he worked with the city to maintain a maximum of six cars in any front yard (referenced in Section 35 -711). He notes that he has observed some residences in the city with 8 to 10 cars parked in the front and sometimes more in the back along ith arts scattered on the property and cars u g P P P Y P on blocks and dismantled. The Commission posed a question regarding the possibility of some single family residences being used as illegal home occupations involving cars and car parts. If so, it appears that there is an enforcement issue with regards to the number of vehicles on properties but the situation does not necessarily warrant rewriting the ordinances. The Planning Commission Members further discussed what direction they would like to go with regards to this part of the ordinance. There was consensus among the members to further explore possible changes to Chapter 19 and 35 and the Commission directed Mr. Warren to provide them with information regarding existing ordinance language at a future meeting for further study and discussion. After further review, the Commission would then make a recommendation to the City Council regarding parking and storage of vehicles in residential areas. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Neweman, seconded by Commissioner Roche, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:11 P.M. Chair Recorded and transcribed by: Rebecca Crass I i r PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER OCTOBER 13, 2005 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes September 29, 2005 4. Chairperson's P erson's Ex lanation The Planning Commission is 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. 5. Discussion Items: a. Parking and storage of vehicles in the front yard of R -1 zones. 6. Other Business 7 Adjournment i MEMORANDUM TO: Planning Commission Members FROM: Ronald A. Warren, Planning ommission Sect g �Y DATE: October 11, 2005 SUBJECT: Parking and Storage of Vehicles in Front Yard of R -1 Zones The following information is presented to the Planning Commission for purposes of reviewing the parking and storage of vehicles in front yards of an R -1 zone, which was discussed at the September 29, 2005 Planning Commission meeting. The following information is included for the Commission's review: 1. The information included in the September 29 2005 Planning Commission eP g agenda (including the 9 -12 -05 City Council work session minutes; a September 8, 2005 memo from the City Manager to City Council Members; and a proposal from Mr. Will Dahn relating to limiting the parking of vehicles in front yards in R -1 and R -2 zones and suggestions for screening requirements). 2. Portions of Chapter 19 of the City Ordinances relating to public nuisances and petty offenses with particular attention directed to Sections 19 -103, Subdivision 12, 13 and 14 relating to the parking and storage of vehicles, etc. currently in effect in the city. 3. Sections 19 -1301 -1 0 3 7 relating to the operating, parking, storage, repairing, P gP g g P g servicing and maintaining of vehicles. 4. Section 35 -711 regarding parking lot screening. 5. Section 35 -400, Subdivision 8 regarding allowable encroachments into yard setback requirements. 6. The agenda and minutes of a joint City Council and Housing Commission meeting on April 2, 2003. 7. Copies of draft ordinances submitted by the Housing Commission to the City Council at the April 2, 2003 meeting regarding parking and storage of collector cars and requiring hard surfaces on driveways. 8. Copy of a memorandum from the Housing Commission to Mayor and City Council Members regarding RV ordinance. We will be discussing these items at Thursday evening's meeting in light of the City Council direction to the Planning Commission to review the parking and storage of vehicles in the city. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 13, 2005 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Eric Berns, Graydon Boeck, Rachel Lund, Rex Newman, 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. APPROVAL OF MINUTES SEPTEMBER 29.2005 There was a motion by Commissioner Roche, seconded by Commissioner Rahn, to approve the minutes of the September 29, 2005 meeting as submitted. The motion passed unanimously. Commissioners Boeck and Lund abstained as they were 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. DISCUSSION ITEM: PARKING AND STORAGE OF VEHICLES IN THE FRONT YARD OF R -1 ZONES Chair Willson stated that after review of the information provided regarding the parking and storage of vehicles in the front yard of R -1 zones, there was nothing that would influence his decision to make any changes to the city ordinances regarding this subject. He added that he felt the issues being addressed could be resolved by better enforcement by the city. Mr. Warren pointed out that the items listed in Section 19 -103, Subdivision 12, 13 and 14 of the City's Public Nuisance ordinance describes vehicles that are both allowed and prohibited. He gave a history of the ordinance at its inception to include the city arriving at the decision as to what vehicles would be allowed in the R -1 residential zone. Mr. Warren also summarized what is known as the City's `junk vehicle' ordinance (Section 19 -1303 1304) which addresses the storage and screening of junk vehicles, inoperable vehicles and collector vehicles. Commissioner Rahn referred to Councilmember Carmody's remarks in City Council minutes regarding questions she received from residents during National Night Out related to this subject and asked if it was known if a lot of residents had concerns regarding the parking of vehicles. 10 -13 -05 Page 1 i Chair Willson stated that he was aware of only one person that had come before the City Council and had not been approached himself by any residents. Commissioner Rahn stated that he doesn't feel that there is a need for any'additional verbiage in the ordinance and agreed that better enforcement could resolve the problems that currently exist. Mr. Warren reminded the Commission that the Housing Commission had discussed rather extensively the possibility of requiring paved or `hard surfaced' driveways. He added that the city requires that space must be provided on residential property to park up to a minimum of two vehicles per dwelling unit. He added that you can have a dirt driveway that leads to an accessory building (garage) but if it is expanded to provide additional parking, it must be an improved surface with Class 5 gravel or better, concrete or black top. After much review and discussion, the Housing Commission recommended requiring paved surfaces. The City Council did not act on the Housing Commission's recommendation. Commissioner Roche agreed that the problem with driveways and parking is enforcement but wondered if there is a way to communicate to new homeowners what is required of property owners regarding maintenance of their property. Mr. Warren stated that such communication is extended by city staff particularly in the spring prior to the city wide sweep. Commissioner Rahn asked for clarification on requirements for the expansion of driveways. Mr. Warren explained that the expansion of a driveway must be on an improved or hard surface regardless of what the existing driveway is. Chair Willson invited Mr. Will Dahn for additional input. Mr. Dahn reviewed the city's requirements for parking and driveway surfaces. Mr. Warren explained that vehicles must be parked or stored on authorized parking or driveway areas OR a paved or graveled extension of an authorized driveway. The way the ordinance is written, the only part required to be paved or gravel is the extension of the driveway. Mr. Dahn stated that his interest in being before the Commission was to discuss the number of vehicles allowed to be parked in a residential zone. Mr. Dahn asked the Commission to note his proposed changes which places parking requirements found in other areas of the ordinance under Permitted Uses in R -1 zones. The Commission discussed his proposal further. Mr. Warren stated that Mr. Dahn's proposals would be better placed in the nuisance regulations rather than the zoning ordinance because of non conforming use provisions. Chair Willson called for action from the Commissioners. Commissioner Boeck suggested that there be no changes regarding the parking and storage of vehicles in R -1 zones. Commissioner Rahn suggested that a recommendation to the City Council include more consistent enforcement of the ordinances regarding parking of vehicles in R -1 zones. The Planning Commission was polled on the recommendations suggested by Mr. Dahn: Regarding recommending requiring paved or hard surfaced driveways, two Commissioners were in favor, five were opposed. 10 -13 -05 Page 2 Regarding recommending limiting the number of vehicles allowed to be parked in a front yard or yard abutting a public street to no more than six; four Commissioners were in favor, three were opposed. Regarding limiting corner lot secondary access; no Commissioners were in favor. Regarding screening of more than six vehicles parked in a front yard; Commissioners unanimously believed this was already addressed in the ordinance and no change was needed. The Commission recommended no other changes to the existing ordinance. The Commission further discussed and unanimously agreed to draft a document to the City Council to limit the number of vehicles in the front yard or a yard abutting a public street to six. Mr. Warren stated that he would he would draft an ordinance amendment for the Commission's review at a future meeting. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:06 p.m. Chair Recorded and transcribed by: Rebecca Crass 10 -13 -05 Page 3 PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER NOVEMBER 17, 2005 REGULAR SESSION I Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes October 27, 2005 4. Chairperson's Explanation The Planning Commission is 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. 5. INDUSTRIAL FUND I, LLC 2005 -017 Request for Preliminary Plat approval to divide the property located at the northeast corner of Freeway Boulevard and James Avenue North (1600 -1700 Freeway Boulevard) into two lots. 6. Discussion Item: a. Parking and storage of vehicles in the front yard of R -1 zones. Draft ordinance amendment for Commission's consideration. 7. Other Business 8. Adjournment MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 17, 2005 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Eric Berns, Graydon Boeck, Rachel Lund, Rex Newman, 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. APPROVAL OF MINUTES OCTOBER 27.2005 There was a motion by Commissioner Roche, seconded by Commissioner Lund, to approve the minutes of the October 27, 2005 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Willson explained the Planning p ng 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. DISCUSSION ITEM PARKING AND STORAGE OF VEHICLES IN THE FRONT YARD OF R -1 ZONES Mr. Warren pointed out the draft ordinance put together by staff at the direction of the Planning Commission following the October 27, 2005 meeting. He stated that the Commission had determined that there wasn't a need to amend the city ordinances with a number of matters previously discussed that perhaps stepped up enforcement would take care of the problem. The ordinance is a simple change in terms of wording but has an impact on the parking and storage of vehicles as far as the number of vehicles and where they can be parked. The draft ordinance establishes the Commission's recommendation that the number of vehicles parked in front yards and yards abutting a public street in residential areas be limited to six. Chair Wilson commented that the Commission felt that better enforcement would address many of the issues discussed and that the ordinance amendment before the Commission was the only item suggested for further review. The Commission discussed definitions in the city ordinances related to the proposed ordinance amendment being considered and asked for further comments from Mr. Will Dahn who had an interest in the discussion and was present at the meeting. 11 -17 -05 Page 1 Mr. Dahn stated that the proposal he had submitted was far more g encom assin and in line with encompassing keeping the city looking attractive but he appreciates what has been done with the ordinance amendment. He added that stating the exact number of cars limited in a residential area makes it absolutely enforceable and he appreciates the work the Planning Commission has done in reviewing this matter. Commissioner Boeck thanked Mr. Dahn for his efforts in presenting this issue to the Planning Commission in order to better the community. Commissioner Lund also thanked Mr. Dahn for taking the initiative to pursue this matter. Commissioner Roche recommended adoption of the draft ordinance amending Chapter 19 of the City Ordinance regarding the parking and storage of vehicles, trailers and watercraft in front yards or yards abutting a public street. The recommendation was seconded by Commissioner Berns. Voting in favor: Chair Willson, Commissioners Berns, Boeck, Lund, Newman, Rahn, and Roche. The motion passed unanimously. Mr. Warren stated that the ordinance amendment would be reviewed by the City Council at a work session and he would keep the Planning Commission informed as to when that would be. APPLICATION NO. 2005-017 INDUSTRIAL FUND I. LLC Chair Willson introduced Application No. 2005 -017, a request for preliminary plat approval to divide the property located at the northeast corner of Freeway Boulevard and James Avenue North (1600 -1700 Freeway Boulevard) into two lots. The proposed Lot 1 would be 120,970 sq. ft. (2.7771 acres) and contain the building addressed as 1700 Freeway Boulevard. The proposed Lot 2 would be 136,961 sq. ft. (3.1442 acres) and contain the building addressed 1600 Freeway Boulevard. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 11 -17 -05 and the Director of Public Works' memo dated 11 -15 -05 for Application No. 2005 -017, attached.) Mr. Warren explained that separate sewer and water lines will be required to the two buildings. Access to the properties is unchanged, separate accesses off Freeway Boulevard for each of the proposed lots and also one off James Avenue North to the proposed Lot 1. Cross access through the lots will exist and should be memorialized through an appropriate agreement. PUBLIC HEARING APPLICATION NO. 2005 -017 There was a motion by Commissioner Lund, seconded by Commissioner Roche, to open the public hearing on Application No. 2005 -017, at 8:13 p.m. The motion passed unanimously. Chair Willson called for comments from the public. 11 -17 -05 Page 2 Mr. Jeffrey Johnson, 200 Coon Rapids Boulevard, Coon Rapids, attorney representing the applicant, introduced himself and stated that the staff report is very thorough and he would welcome any questions by the Commissioners. Commissioner Berns inquired as to why this property was being replatted. Mr. Johnson responded that this property is being separated because there are two owners who desire separate ownership. Commissioner Newman asked who would be responsible for the common/shared areas once it is replatted. Mr. Johnson explained that there would be an easement dedication which would benefit each of the individual owners regarding maintenance and parking but basically maintenance of the property would be the responsibility of each of the owners. He added that the owner of 1700 Freeway Boulevard would be responsible for the easement area as far as snow removal and lawn maintenance and the owner of 1600 Freeway Boulevard would be responsible for their grounds as well as all of the areas not covered by the easement agreement. Commissioner Lund asked about the nature of the business within the building. Mr. Johnson stated that it is an industrial building and primarily houses warehouse use with some office space. No other persons from the public appeared before the Commission during the public hearing on Application No. 2005 -017. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Roche, to close the public hearing on Application No. 2005 -017, at 8:22 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. 2005-017 There was a motion by Commissioner Lund, seconded by Commissioner Berns, to recommend to the City Council that it approve Application No. 2005 -017, submitted by Industrial Fund I, LLC for preliminary plat approval to divide the property located at the northeast corner of Freeway Boulevard and James Avenue North (1600 -1700 Freeway Boulevard) into two lots subject to the following conditions: J g 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 11 -17 -05 Page 3 3. Ten foot wide drainage and utility easements shall be indicated around the perimeter of the properties as recommended by the City Engineer. 4. Appropriate cross access agreements, in a manner approved by the City Attorney, shall be executed and filed with the final plat. Voting in favor: Chair Willson, Commissioners Berns, Boeck, Lund, Newman, Rahn, and Roche. The motion passed unanimously. The Council will consider the application at its November 28, 2005 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS Mr. Warren inquired of the Commission members whose terms are expiring on December 31, 2005 if they plan to continue serving on the Planning Commission. Commissioners Roche and Lund expressed interest in continuing to serve on the Commission. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:25 p.m. Chair Recorded and transcribed by: Rebecca Crass 11 -17 -05 Page 4 DRAFT CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 2005, 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 19 of the City Ordinances Regarding the Parking and/or Storage of Vehicles, Trailers and Watercraft in Front Yards or Yards Abutting a Public Street. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGARDING THE PARKING AND /OR STORAGE OF VEHICLES, TRAILERS AND WATERCRAFT IN FRONT YARDS OR YARDS ABUTTING A PUBLIC STREET THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19, Section 103, Subdivision 14 is hereby amended as follows: 14. The outside parking and/or storage on occupied residentially used property of usable or nonusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, or other nonpermanent structures unless they comply with the following: a) Vehicles, trailers and watercraft may be parked or stored outside in any yard provided, however, if they are parked or stored in the front yard area, or a yard area abutting a public street, the total number shall not exceed six (6), they must be parked or stored on an authorized parking or driveway area or a paved or graveled extension of an authorized parking or driveway area and be in compliance with Section 19 -1301 through 1305 of the City Ordinances. Authorized driveways and paved or graveled extensions thereof may not exceed DRAFT 50% of the, front yard or a yard area abutting a public street, unless approved by the city council as part of a plan approval for an apartment complex pursuant to Section 35 -230 of the City Ordinances. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of 2005. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) 2