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HomeMy WebLinkAbout2003 06-09 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION June 9, 2003 6:00 P.M. Council Commission Conference Room 1. City Council discussion of agenda items and questions 2. Discussion of City sign ordinance prohibiting flashing signs 3. Miscellaneous 4. Adjourn ti MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: June 3, 2003 SUBJECT: Flashing Signs The owners of Culver's have requested the City consider some modification of our sign ordinance. They have an electronic message board with a single message line informing people of the time of day, date, temperature and their flavor of the day. Their problem is that on occasion, the flavor of the day can be too long to display on the single line. For example, the flavor last week was chocolate covered strawberry. In order to display that information, the sign would read, "chocolate covered" then change to "strawberry ". Changing the sign in such a manner is a violation of City Ordinance 43 -130 (4). It would be considered a "flashing sign ". A flashing sign is defined as " Any illuminated sign on which the artificial light or color is not maintained at a constant intensity or color when such sign is in use, except for that portion of a sign providing public information such as time, weather, date, temperature or similar information." The obvious concern, as noted in the "Statement of Purpose" is to limit distractions to motorists. At the time this was written it would seem that the ordinance was aimed at the rapid blinking sign with arrows and etc designed to overwhelm the motorists attention to driving. What the ordinance did not anticipate, nor could it, was the technological advances in signs. The new electronic signs can still do the flashing arrows and pictures that can be distracting but they also can provide information in a short written format. The problem with our ordinance or its gray area is what constitutes flashing. If a sign changes every 10 minutes we would be hard pressed to defend that as a flashing sign. The ordinance does not have a time frame for determining what is a flashing sign. I believe the request from the Culver's owner is reasonable. If the only information provided on their sign was the date, weather, time etc, there would be no regulation as to the duration that information would have to remain before it was changed. In fact I have observed Y such signs change every 3 to 4 seconds and that is legal. It would be my recommendations that the City consider amending the sign ordinance to allow a written information change on a sign every 10 seconds. The time frame allows continuity in the message and at the same time is not a visual barrage to the motorist. I believe that Chad Liston from Culver's will be present Monday evening to address the Council with his request. We should also note that MNDOT currently employs such signs to warn motorist of driving conditions. CITY COUNCIL MEETING * ** REVISED * ** • City of Brooklyn Center June 9, 2003 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. May 19, 2003 - Joint Work Session with Financial Commission 2. May 27, 2003 - Study Session 3. May 27, 2003 - Regular Session b. Licenses C. Approval of a Temporary Beer License Application for City of Brooklyn Center - Dudley Softball Tournament • CITY COUNCIL AGENDA -2- June 9, 2003 d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees e. Resolution Approving Appraised Values for Properties in a Pending Condemnation Action, Mississippi Riverbank Protection Project, Improvement Project No. 1999 -11 8. Planning Commission Items a. Planning Commission Application No. 2003 -008 Submitted by Nor -Web LLP. Request for a Special Use Permit to Construct an Off -site Accessory Parking Lot for the Evans Nordby Funeral Home Located at 6000 Brooklyn Boulevard. The Planning Commission recommended approval of this application at its May 29, 2003, meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 2003 -008 subject to the conditions recommended by the Planning Commission. b. Planning Commission Application No. 2003 -009 Submitted by Lanel Crossing Limited Partnership. Request for Site and Building Plan Approval to Construct a 19,070 Sq. Ft., Two -Story Addition to the Existing Apartment Building Located at • 6201 Lilac Drive North. The Planning Commission recommended approval of this application at its May 29, 2003, meeting. -Requested Council Action: - Motion to approve Planning Commission Application No. 2003 -009 subject to the conditions recommended by the Planning Commission. 9. Council Consideration Items a. Proclamation Declaring June 20, 2003, as National Small Cities and Towns Day -Requested Council Action: - Motion to adopt proclamation. b. An Ordinance Pertaining to the Licensing of Rental Units in the City of Brooklyn Center -Requested Council Action: - Motion to open for public comment. - Motion to approve first reading and set second reading and public hearing on July 14, 2003. C. Shoreline Grant for Twin Lake Park - Requested Council Action: - Decision on accepting or rejecting the grant. • CITY COUNCIL AGENDA -3- June 9, 2003 d. Qwest Contracts for Main Service for Telephone Systems Located at City Hall /Community Center, Police, Earle Brown Heritage Center, and Point to Point Voice/Data Connections for Public Works Garage /City Hall and Earle Brown Heritage Center /City Hall - Requested Council Action: - Motion to approve contracts. e. An Ordinance Granting CenterPoint Energy Minnegasco, a Division of CenterPoint Energy Resources Corporation, a Delaware Corporation, Its Successors and Assigns, a Nonexclusive Franchise to Construct, Operate, Repair and Maintain Facilities and Equipment for the Transportation, Distribution, Manufacture and Sale of Gas Energy for Public and Private Use and to Use the Public Ways and Grounds of the City of Brooklyn Center, Minnesota, for Such Purpose; and, Prescribing Certain Terms and Conditions Thereof - Requested Council Action: - Motion to approve first reading and set second reading and public hearing on July 14, 2003. f. Code Enforcement Report • - Requested Council Action: -None, report only. g. Resolution Authorizing an Agreement with Osseo School District No. 279 for Vacating an Existing Storm Sewer Easement at Garden City Elementary School - Requested Council Action: - Motion to adopt resolution. h. Resolution Authorizing and Directing the Transfer of Funds From the General Fund to the Infrastructure Construction Fund -Requested Council Action: - Motion to adopt resolution. 10. Adjournment • I City of Brooklyn Center A Millennium Community To: Mayor Kragness and C uncil Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: June 9, 2003 D Re: Request for Documentation on France Avenue Settlement payments Attached are materials pursuant to Council Member Niesen's request this morning for the check number and documents regarding payments and reimbursements for the France Avenue relocation right of way acquisition. 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 December 5, 2002 MEMO TO: Michael J. McCauley, City Manager FROM: Curt Boganey, Assistant City Manage SUBJECT: Excel Energy Settlement Payment You have asked if the City has made the settlement payment in then amount of $550,000.00 to the interested parties subject to the condemnation Award of Commissioners dated January 6, 2003. At the time the City acted to condemn the subject properties the City was required to place an amount equal to the appraised value ($356,000) on deposit with the Court. Following the settlement, a check in the amount of $194,000.00 was paid to cover the difference between the settlement amount of $550,000.00 and the escrowed amount of $ 356,000.00 On March 13, 2003, a letter was written to MnDot requesting reimbursement. To date this amount not been received, but staff is following up with MnDot regarding the amount due. Please let me know if you have further questions. Attachments CLB \clb Xcel Energy Settlement City of Brooklyn Center A Millennium Community March 13, 2003 Maryanne Kelly - Sonnek Municipal/Utility Engineer Minnesota Department of Transportation 395 John Ireland Boulevard, MS 682 St. Paul, Minnesota 55155 RE: T.H. 100/France Avenue Relocation Project S.P. 2755 -77, City Project No. 2002 -04 Cooperative Construction Agreement No. 83298 Dear Ms. Kelly - Sonnek: In accordance with Cooperative Construction Agreement No. 83298, the City of Brooklyn Center respectfully requests reimbursement for Right of Way acquisition costs as part of the above project. On May 15, 2002, a check in the amount of $607,000 was issued to Hennepin County District Court as an advancement for the expected acquisition values of three parcels as follows: Twin Lakes LLC (Joslyn Site) $85,000 Xcel Energy $166,000 501 Investments LLP $356,000 Total $607,000 In addition, a Settlement Agreement with 5001 Investments LLP was reached regarding payment for that parcel. On February 10, 2003 the City Council authorized payment to the property owner in an amount of $550,000 (an additional $194,000) for a total amount of $801,000. Attached are copies of the following: • Documentation of settlement with 501 Investments LLP • Copy of Condemnation Settlement Agreement with Twin Lakes LLC and Joslyn Manufacturing (approved by City the City Council on August 26, 2002 • Copies of recorded easement documents for Xcel Energy, Twin Lakes LLC, and Joslyn • Copy of payment documentation to Hennepin County District Court Please provide reimbursement to the City accordingly. If you have any questions, or require any additional information, please contact me at (763) 569 -3332. Thank you. Sincerely, ,F Scott A. Brink, P.E. Cc: Doug Sell Todd Blomstrom 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 R55CKREG LOG20010VO CITY OF BROOKLYN CENTER 3/6/2003 10:05:44 AP Documenta Page - 2 2/28/2003- 3/6/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 104902 3/6/2003 113705 5001 INVESTMENTS LP 194,000.00 CONDEMNATION SETTLEMENT 14941 030503 40700 -6530 08200204 IMPROVEMENTS SPECIAL ASSESS CONSTRUCT FUND„A 194,000.00 �`�x 470 Pillsbury Center E - 200 South Sixth Street Minneapolis MIS' 55402 _ (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E -http: / /www.kennedy graven.com CHARLES L. LEF EVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy - graven.com January 21, 2003 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Brooklyn Center v. Xcel Energy, et al. Dear Michael: Attached are the Notice of Filing Award and Stipulation of Settlement and Award in the condemnation for France Avenue of the 5001 Investments (Woodhouse) property. The settlement provides for a total compensation of $550,000 for the property. The original appraised value was $356,000. However, Evergreen Land Services advised that $550,000 is a reasonable and supportable settlement and the City's appraiser agreed, although he felt that $550,000 was on the high side. The owner's appraisal set the value of the land plus severance damages at approximately $915,000. The settlement is contingent on approval by the City Council. The cost of right -of -way acquisition will be paid by MnDOT. I would recommend that the settlement be submitted to the City Council for its approval. Very truly yours, C �,.�9 -� Charles L. LeFevere CLL:lh Enclosures CLL- 226447v 1 BR291 -219 Case Type: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT City of Brooklyn Center, a Minnesota municipal Court File No. CD -2663 corporation, Petitioner, NOTICE OF FILING AWARD OF COMMISSIONERS vs. AS TO PARCEL 4 Xcel Energy, et al., Respondents. TO: ALL INTERESTED PARTIES AND THEIR ATTORNEYS LISTED IN THE ATTACHED SERVICE LIST NOTICE IS HEREBY GIVEN of the filing of the Award of Commissioners with respect to the following parcel in the above - captioned matter: PARCEL I AMOUNT OF AWARD 4 5550,000.00 1 Said Award of Commissioners as to Parcel4 was filed in the office of the District Court Administrator for Hennepin County on January 6, 2003. A true and correct copy of said award is attached hereto and incorporated herein. Any party wishing to appeal the Award of Commissioners as to Parcel 4 must file a notice of appeal, within 40 days from the date the award was filed, and serve that notice of appeal upon all parties and counsel named in the attached Service List with respect to Parcel 4. Dated: January 6, 2003. _KENNEDY & GRAVEN, CHARTERED By: �7 Gti.c� 'n Paula A. Callies (4201443) 470 Pillsbury Center, 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9213 ATTORNEYS FOR PETITIONER PAC 225674v1 OD'1n1 I'm We further report that each of the undersigned commissioners viewed the real estate; that a hearing was held on January 6, 2003 after due notice, at which an opportur ty was provided for all interested parties to present evidence; and that all of the undersigned participated in the ascertaining of the above- stated award. The legal description of Parcel 4 is attached hereto as Exhibit A. Date: January (cC , 2003 termanMalkerson, s, Commission Chair Commissioner Phillip Smith, Commissioner PAC•225602v1 BR291 -219 EXHIBIT A Parcel 4 (P.I.D. No. 10- 118 -21 -24 -0002) (Abstract Properv) Property Address: 5001 France Avenue North, Brooklyn Center, MN Legal Description of Property: That pan of the North Half of Government Lot 2, Section 10, Township 118 Nonh, Range 21 West, Hennepin County, Minnesota bounded and described as follows: Commencing at the Northeast corner of said Govemment Lot 2; thence South along the East line of said Government Lot 2 a distance of 668.83 feet to the @butheast corner of said North Half of Government Lot 2 and to the point of beginning of the tract of land to be described; thence North 88 degrees I3 minutes West along the South line of said North Half of Government Lot 2 a distance of 1,007 feet; thence North along a line running parallel with the East line of said Government Lot 2 a distance of 308.15 feet, thence Easterly along a line running parallel with the South line of said North '/2 of Government Lot 2 to a point of intersection with said East line of said Government Lot 2, which point is distant 308.15 feet North of said point of beginning as measured along said East line; thence South along the East line of said Government Lot 2 to the point of beginning. EXCEPT therefrom the East 2 rods thereon, as measured at right angles to the East line of said Government Lot 2; for the purposes of this description, the East line of Govemment Lot 2 is assumed to run in a due North and South direction, according to the United States Govemment Survey thereof and situate in Hennepin County, Minnesota. Description of Taking: 1. A perpetual easement for street and utility purposes over, under, across and through that pan of the above - described Property which lies within a 66.00 foot wide strip of land being 33.00 feet wide on each side of the following described center line: Commencing at the southeast corner of said Government Lot 2, Section 10. Township 1 18 North, Range 21 West, Hennepin County, Minnesota; thence North 88 degrees 45 minutes 17 seconds West, assumed bearing, along the south line of said Government Lot 2 and also being the south line of the plat of JOSLYN ADDITION, according to the recorded plat thereof, a distance of 1 176.66 feet to a point of intersection with a line being 9.00 feet easterly of, as measured at right angles to and parallel with the centerline of Azelia Avenue North and the northerly extension thereof, as shown on said plat of JOSLYN ADDITION; thence North 0 degrees 34 minutes 44 seconds West along said parallel line a distance of 260.76 feet to the point of beginning of the center line to be described; thence continuing along said parallel line North 0 degrees 34 minutes 44 West, a distance of 88.73 feet, thence northeasterly 496.88 feet along the arc of a tangential curve concave to the southeast having a central angle of 91 degrees 50 minutes 07 seconds and a radius of 310.00 feet; thence South 88 degrees 44 C AH•22 ? 64v I H R? 7 U-4 99 A-1 minutes 37 seconds East, a distance of 785.55 feet to a point hereinafter referred to as Point A; thence continuing South 88 degrees 44 minutes 37 seconds East, a distance of 71.03 feet to the east line of said Government Lot 2, and said centerline there terminating; thence South 0 degrees 34 minutes 44 seconds East, along said east line, a distance of 669.35 feet to the point of commencement. 2. A perpetual easement for street and utility purposes over, under, across and through that pan of the above- described Property which lies northerly of and abutting the above described permanent easement and lying southerly of the following described line: Beginning at the point referred to as Point A, in the above said permanent easement; thence North l degree 15 minutes 23 seconds East, (same basis for bearings as above) a distance of 33.00 feet; thence northeasterly to a point on the east line of said Government Lot 2, distant 59.27 feet northerly from the point of termination of the center line as described in the above said permanent easement, as measured along said east line of Government Lot 2, and said line there terminating. 3. A perpetual easement for drainage purposes over, under and across that part of the above - described Property which lies within the following described area: The north 80.00 feet of the south 1 13.00 feet of the east 435.00 feet of the west 874.00 feet of the North Half of Government Lot 2 which lies westerly of the east 33.00 feet thereof, Section I0, Township 118 North, Range 21 West, Hennepin County, Minnesota. 4. A temporary easement for construction purposes over, under, across and through that pan of the above - described Property which lies within the following described area: The south 1 13.00 feet, and the east 50.00 feet lying northerly of the south 1 13.00 feet, of said North Half of Government Lot 2 which lies westerly of the east 33.00 feet thereof, Section 10, Tovvrrship 1 ] 8 North, Range 21 West, Hennepin County, Minnesota, Except the north 80.00 feet of the south l l 3.00 feet of the east 435.00 feet of the west 874.00 feet of said North Half of Government Lot 2 which lies westerly of the east 33.00 feet thereof. Said temporary easement expires on December 31, 2003. Subject to existing easements in favor of the City of Brooklyn Center, City of Crystal and Northern States Power Company. Subject to reservation of minerals and mineral rights by Tri -State Land Company. CAH- 222564v1 B 8270 -099 A -2 Names and Description of Interests to be Acquired Name Nature of Interest ' American National Bank and Trust Company, Fee Owner I now known as U.S. Bank National Association 5001 Investments Limited Partnership, a Contract for Deed Vendee Minnesota limited partnership Viking Office Products, Inc., a Califomia Tenant corporation Star Exhibits & Environments, Inc., a Minnesota Tenant corporation, dba Star Exhibits Alliance Container Corporation, a Minnesota Tenant corporation Thompson Oak Furniture Co., a Minnesota Tenant corporation U.S. Bank National Association, fka Firstar Bank Mortgagee of Minnesota, National Association City of Brooklyn Center Special assessments County of Hennepin Real estate taxes All other parties unknown, together with Any right, title or interest in the Subject Property unknown heirs or devisees and spouses, if any Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is Petitioner's intention herein to encumber all interests owned by the named respondents in the above - described real estate. CAH-222564Y 1 BU70 -499 A -3 4 Thompson Oak Furniture Co., a Minnesota corporation c/o James Thompson, CEO 4070 Lakeland Avenue North Robbinsdale, MN 55422 4 U.S. Bank National Association, fka Firstar Bank of Minnesota, National Association 425 Walnut Street Cincinnati, OH 45202 HADLEL- 225691 v 1 BR-)91-2) 9 AFFIDAVIT OF SERVICE BY U.S. MAIL Our File No. BR291 -219 Court File No. CD -2663 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Lucille Hadler after being first duly sworn, deposes and says that on the 6th day of January, 2003, she served Notice of Filing Award of Commissioners as to Parcel 4 in the above matter upon: All Interested Parties and Their Attorneys, If Any, Listed on the Attached Service List as to Parcel 4 by placing copies of each in an envelope, addressed to the above addresses, and depositing them in the United States Mail at Minneapolis, Minnesota. Lucille Hadler SUBSCRIBED AND SWORN to before me this 6th day of January, 2003. ANJONEITE M. IWOWLEN Notary Public- Mlnnesata Notary public A "''>' Exa1m Jan s1,sflo, PAC-225703v] BR291 -219 Case Type: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT City of Brooklyn Center, a Minnesota municipal Court File No. CD -2663 corporation, Petitioner, STIPULATION OF SETTLEMENT vs. AND AWARD Xcel Energy, et al., Respondents. THIS AGREEMENT is made this 3' day of January, 2003, by the Petitioner City of Brooklyn Center ( "City ") and by respondent 5001 Investments Limited Partnership ("5001"), through their respective counsel. Recitals WHEREAS, the City commenced eminent domain proceedings by filing a Petition of Condemnation on February 2, 2002, to acquire certain property necessary for roadway and utility improvements to construct the France Avenue connection with Highway 100 (hereinafter referred to as the "France Avenue Project "); and WHEREAS, 5001 is the contract for deed vendee of the real estate located at 5001 France Avenue North, which real estate is identified as Parcel 4 in the Petition filed herein; and WHEREAS, the City desires to acquire perpetual and temporary easements on Parcel 4 as described on the attached Exhibit A; and PAC•215716V4 BR291.219 5. If any of the other parties with an interest in Parcel 4 should appeal from the Award of Commissioners (the "Award "), or if the City Council does not approve this Stipulation, the Stipulation shall be null and void and either party may appeal the Award . 6. The City agrees to pay the remainder of the Settlement Amount due to 5001 (S194,000) within 10 business days after expiration of the appeal period from the Award of Commissioners. ROSE KENNEDY & GRAVEN, CHARTERED By: 7 5 � By: Daniel N. Rosen ( 9250909) Corrine H. Thomsonk1 Attorney at Law Paula A. Callies ( #201443) 150 South Fifth Street, Suite 3250 470 Pillsbury Center Minneapolis, MN 55402 200 South Sixth Street (612) 692 -2777 Minneapolis, MN 55402 (612) 337 -9300 ATTORNEYS FOR RESPONDENT, 5001 Investments Limited Partnership ATTORNEYS FOR PETITIONER PAC•21571 6v4 BR291 -219 EXHIBIT A Parcel 4 (P.1.D. No. 10- 118 -21 -24 -0002) (.Abstract Pror)en - 0 Property Address: 5001 France Avenue North, Brooklyn Center, MN Legal Description of Property: That pan of the North Half of Government Lot 2, Section 10, Township 1 18 North. Range 21 West, Hennepin County, Minnesota bounded and described as follows: Commencing at the Northeast corner of said Government Lot 2; thence South along the East line of said Government Lot 2 a distance of 668.83 feet to the Southeast corner of said North Half of Government Lot 2 and to the point of beginning of the tract of land to be described; thence North 88 degrees 13 minutes West along the South line of said North Half of Government Lot 2 a distance of 1,007 feet; thence North along a line running parallel with the East line of said Government Lot 2 a distance of 308.15 feet: thence Easterly along a line running parallel with the South line of said North '/ of Government Lot 2 to a point of intersection with said East line of said Government Lot 2, which point is distant 308.15 feet North of said point of beginning as measured along said East line; thence South along; the East line of said Government Lot 2 to the point of beginning. EXCEPT therefrom the East 2 rods thereof, as measured at right angles to the East line of said Government Lot 2; for the purposes of this description, the East line of Government Lot 2 is assumed to run in a due North and South direction, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Description of Taking: 1. A perpetual easement for street and utility purposes over, under, across and through that pan of the above - described Property which lies within a 66.00 foot wide strip of land being 33.00 feet wide on each side of the following described center line: Commencing at the southeast corner of said Government Lot 2, Section 10. Township 1 18 North, Range 21 West, Hennepin County, Minnesota-, thence North 88 degrees 45 minutes 17 seconds West, assumed bearing, along the south line of said Government Lot 2 and also being the south line of the plat of JOSLYN ADDITION, according to the recorded plat thereof, a distance of ] ] 76.66 feet to a point of intersection with a line being 9.00 feet easterly of, as measured at right angles to and parallel with the centerline of Azelia Avenue North and the northerly extension thereof, as shown on said plat of JOSLYN ADDITION; thence North 0 degrees 34 minutes 44 seconds West along said parallel line a distance of 260.76 feet to the point of beginning of the center line to be described; thence continuing along said parallel line North 0 degrees 34 minutes 44 West, a distance of 88.73 feet, thence northeasterly 496.88 feet along the arc of a tangential curve concave to the southeast having a central angle of 91 degrees 50 minutes 07 seconds and a radius of 310.00 feet; thence South 88 degrees 44 minutes 37 seconds East, a distance of 785.55 feet to a point hereinafter referred to as Point A; thence continuing South 88 degrees 44 minutes 37 seconds East, a PAC-2151i6 RR291.219 A -1 I distance of 71.03 feet to the east line of said Government Lot 2, and said centerline there terminating; thence South 0 degrees 34 minutes 44 seconds East, along said east line, a distance of 669.35 feet to the point of commencement. 2. A perpetual easement for street and utility purposes over, under, across and through that pan of the above - described Property which lies northerly of and abutting the above described permanent easement and lying southerly of the following described line: Beginning at the point referred to as Point A, in the above said permanent easement; thence North 1 degree 15 minutes 23 seconds East, (same basis for bearings as above) a distance of 33.00 feet; thence northeasterly to a point on the east line of said Government Lot 2, distant 59.27 feet northerly from the point of termination of the center line as described in the above said permanent easement, as measured along said east line of Government Lot 2, and said line there terminating. 3. A perpetual easement for drainage purposes over, under and across that pan of the above - described Property which lies within the following described area: The north 80.00 feet of the south 1 13.00 feet of the east 435.00 feet of the west 874.00 feet of the North Half of Government Lot 2 which lies westerly of the east 33.00 feet thereof Section 10 Township l8 North Range 2l West Hennepin p g � P County, Minnesota. 4. A temporary easement for construction purposes over, under, across and through that pan of the above - described Property which lies within the following described area: The south 1 ] 3.00 feet, and the east 50.00 feet lying northerly of the south I 1 3.00 feet, of said North Half of Government Lot 2 which lies westerly of the east 33.00 feet thereof, Section 10, Township 1 18 North, Range 21 West, Hennepin County, Minnesota, Except the north 80.00 feet of the south 113.00 feet of the east 435.00 feet of the west 874.00 feet of said North Half of Government Lot 2 which lies westerly of the east 33.00 feet thereof. Said temporary easement expires on December 31, 2003. Subject to existing easements in favor of the City of Brooklyn Center, City of Crystal and Northem States Power Company. Subject to reservation of minerals and mineral rights by Tri -State Land Company. PAC•2157160 HR291.219 A -2 Names and Description of Interests to be Acquired Name Nature of Interest I American National Bank and Trust Company, Fee Owner now known as U.S. Bank National Association 5001 Investments Limited Partnership, a Contract for Deed Vendee Minnesota limited partnership Viking Office Products, Inc., a California Tenant corporation l Star Exhibits & Environments, Inc., a Minnesota Tenant corporation, dba Star Exhibits Alliance Container Corporation, a Minnesota Tenant corporation Thompson Oak Furniture Co., a Minnesota Tenant corporation f U.S. Bank National Association, fka Firstar Bank Mortgagee of Minnesota, National Association City f Brooklyn Center Special assessments ry m p County of Hennepin Real estate taxes All other parties unknown, together with Any right, title or interest in the Subject Propeny unknown heirs or devisees and spouses, if any ` Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is Petitioner's intention herein to encumber all interests owned by the named respondents in the above - described real estate. I - PAC- 215716v I BR291 -219 A -3 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 JOINT WORK SESSION WITH FINANCIAL COMMISSION MAY 19, 2003 COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met for a joint Work Session with the Financial Commission and was called to order by Mayor Myrna Kragness at 6:05 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present: City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, and Fiscal and Support Services Director Doug Sell. Financial Commission Members present: Chair Donn Escher, Jerald Blarney, Timothy Elftmann, Jay Hruska, Lawrence Peterson, and Gavin Wilkinson. • REVIEW OF AUTOMATED CLEARING HOUSE TRANSACTIONS FOR UTILITY BILLS Fiscal and Support Services Director Doug Sell informed that as of today the percentage of_ participants in the Automated Clearing House (ACH) program was 2.7 percent. He indicated that he couldn't see how the 15 percent objective could be met even in two years. He explained that it would be his recommendation to drop the program due the fixed costs associated with the program. It was the Council consensus to discontinue the process and that this item should be placed on a future agenda for formal Council action. GENERAL REVIEW OF 2003 AND 2004 POTENTIAL BUDGET CUTS City Manager Michael McCauley informed that it is too early to know what the Legislature will finally decide. There is a $500,000 difference between the Governor's Plan and the House Republican Plan. These plans if approved would result in an 8 percent and 18 percent loss in revenue from the anticipated base in 2003 and 2004. Mr. McCauley provided an overview regarding ways the Council may wish to review the budget issues using a presentation based on packet materials presented with the following information: • 05/19/03 -1- DRAFT 2003 • Review Current Direction and t • Op ions _ • Short Term Impacts 2003 o Reduced services • Long Term Impacts without Real Revenue Increases • Reduced services and inability to replace infrastructure • Impact on quality of life in the community • Impacts on Residents • Likely to have no reduction in expectations • Impact on seniors and youth • Impact on Staff • Major loss • Governor's thesis that this should not impact services • Need to Focus Use of Staff Resources 2003 Issues and Results • Governor: o $1.17 Million • House Republican: o $ 1.18 Million • Budget Reductions: o Eliminate General Fund Budget Capital Transfer • o Reduce recreation programming /events o Police reorganization o Leave positions unfilled • Retirement incentives $ 66,000 savings 2003 o Reduced seasonal hiring (9) o Deferred capital equipment o Shift to grants 2003 Issues • Capital Transfers from General Fund Balance: $1 Million to Replace Operating Budget Transfer to Street Replacement • Continued Operations in All Areas • Reduced Programming • Equipment Deferral • Additional Fund Balance Transfer from Liquor Fund to Capital Improvement Fund 05/19/03 -2. DRAFT • • Pros of USinQ Fund Balance for Cat)ital Sustains street reconstruction project for longer period • Operating implications fewer, but significant o Engineering staff if streets not funded Cons of Using Fund Balance • Reduces City to • Public Safety • Street and Park maintenance • General Government • Difficult to rebuild programs and partnerships 2004 Cuts • Governor $ 2.22 Million o No levy back • House Republican $ 1.7 Million o Levy back $ 550,000 of lost aid (5.4 percent levy increase) • Either Plan o Dramatic changes in General Fund Revenue Options • 1. Levy Whatever May be Levied a. House Republican $ 550,000 b. Governor's Plan has no levy back (may allow vote) 2. Franchise Fees a. Potential of $ 1 Million b. Several other cities are enacting i. Robinsdale, New Brighton, (Crystal ?) 3. Increased Special Assessments 4. Special Service Districts in Commercial Areas 5. Shift to Enterprise Funds a. For street reconstruction b. Increased allocation of general operations 6. Use of tax Increment 7.. Capital Reserve Emergency Fund $300,000 Prioritization of Operation 1. Major Issue is Establishing Framework of Values and Options 2. Question is a. Operations versus Capital b. Residential versus Commercial Services 3. Focus of staff resources • 05/19/03 -3- DRAFT a. Development b. New financial reporting requirements c. Proactive police reorganization d. Reduced public works: project focus Context for Buduet Cuts Mr. McCauley reviewed a chart demonstrating the net General Fund Costs by department and compared departmental cost to proposed cuts in 2004. He presented another chart segregated general fund costs into five categories: • Fixed Costs $ 1,735,771 • General Government organization $ 2,880,746 . • Core Essential Services $ 9,392,543 • City Wide Impact Services $ 715,920 • Specialized Services' $ 1,444,826 Questions for Council and Commission 1. Values to be Used in Assembling 2004 Budget Options a. Hierarchy of operations and infrastructure 2. Revenue Options That Would be Considered i. Taxes if allowed ii. Election to levy • 3. Franchise Fees 4. Levels a. Dedication for specific uses or general use i. Street reconstruction ii. Keeping community center and youth programs iii. Park equipment (or defer to bonding) 5. Focus a. Code Enforcement b. Police levels c. Maintenance of streets d. Maintenance of parks e. Street reconstruction i. Yearly ii. Fewer, but larger projects every 2 or 3 years f. Services to be discontinued /reduced i. City Watch frequency ii. DARE (equals .75 of an officer plus supplies and training) 1. Robinsdale has eliminated g. Arbor Day h. Earle Brown Days support 05/19/03 -4- DRAFT I • i. Fireworks and Entertainment in Park j. Landscaping contest k. Senior and medical transportation I. Commissions i. Number ii. Frequency of meetings m: Etc. on the margin • Process o Future Council Commission discussion • Add budget to June 16, 2003, meeting with Auditor • Additional summer meeting prior to August 18, 2003? • Public Education and Comment • Summer • Fall • City Watch • Web Page Council and Financial Commissioners discussed the presentation with emphasis on ways to effectively obtain citizen input and understanding of the budget situation and the advisability of having a framework for a budget prior to soliciting that input so that there is a context. Discussion also revolved around the need to focus on what were the appropriate or essential functions of City Government. Some review was undertaken of reimbursements from enterprise funds for general • management and financial services. Questions were asked regarding current levels of patrol and detective staffing at the Police Department. The evaluation and development of options regarding dispatch was considered. There was conversation regarding options for street reconstruction projects such as larger, less frequent projects, as a potential means of achieving greater efficiencies. The revenue options in the presentation were reviewed and discussed and referred to the Financial Commission to develop a set of recommendations for the Council on priorities and funding options. The Financial Commission will meet after the joint meeting with the Council on June 16, 2003, to begin its review to develop recommendations for the Council. GRAVEL ROADS Councilmember Carmody reported from the most recent Housing Commission meeting and introduced a discussion on proposed ordinance changes that would require all driveways to be paved upon property sale. After a brief discussion regarding the issue of tracking sales, cost, the interpretation of "improved surface ", and other matters, it was the consensus of the Council that there be no changes to the current ordinance and that the current ordinance be consistently enforced. 05/19/03 -5- DRAFT COMMISSION RECOGNITION • Councilmember Carmody introduced the discussion regarding Commission Recognition. It was generally agreed that commission members should be recognized by the City Council but participation at the most recent recognition program was not sufficient and a change in approach might be warranted. It was the consensus of the Council that future Commission Recognition activities should be part of a regular City Council Meeting. ANIMAL ORDINANCE Councilmember Peppe introduced the discussion regarding dangerous animals. Several comments and suggestions were made regarding breed, specific provisions, State Law preemption, the establishment of fines for certain behavior, and enforcement of existing ordinances. One point made was the importance of making sure that Community Service Officers understand that enforcement of the current ordinance is a Council priority. ADJOURNMENT A motion by Councilmember Carmody, seconded by Councilmember Peppe to adjourn the Work Session at 9:17 p.m. Motion passed unanimously. • City Clerk Mayor 05/19/03 -6- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 27, 2003 CITY HALL COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER STUDY SESSION 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, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Police Chief Scott Bechthold, Director of Public Works /City Engineer Todd Blomstrom, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed Consent Agenda Item 7b Licenses. Councilmember Carmody inquired if the g � Y q number of units for apartments could be added to the list. Councilmember Lasman asked if the Motel 6 would be considered once the new rental ordinance is effective. City Manager Michael McCauley informed that the number of units could be added to the license list and that the Motel 6 would not be included with the new ordinance. Councilmember Lasman questioned how the 200 calls for the Motel 6 compare to other motels in the City. Police Chief Scott Bechthold discussed the 200 calls for Motel 6 is extraordinarily high due to vigilance of motel manager who has been recognized for his efforts. Council discussed Public Hearing Agenda Item 9b, An Ordinance Amending Sections 11 -717 and 23 -1902 of the Brooklyn Center Code of Ordinances, Relating to the Conduct of Charitable Gambling in the City. Councilmember Carmody questioned if the three things requested had been addressed and Councilmember Lasman questioned if this ordinance could be amended to the requested amount of 80 to 85 percent for organizations to expend of its expenditures for lawful purposes conducted. Mr. McCauley responded that the three things requested had been addressed and that the ordinance amendment was introduced with 90 percent; however, he believes that if the Council wishes to amend the proposed ordinance during the public hearing, they may do so since the amendment would be to a less restrictive percentage. • 05/27/03 -1- Councilmember Carmody questioned when she should discuss Earle Brown Days Events. Mr. McCauley suggested during the Council Reports. Councilmember Lasman expressed that she believes Earle Brown Days Events need to be published in the Community Guide. Council discussed Consent Agenda Item 7a, Approval of the Minutes. Councilmember Carmody informed that she reviewed the tape from the meeting on May 12, 2003, and inquired about the conversation of the minutes discussed at the May 12, 2003, Study Session. The Council approved the minutes with the suggested amendments and she thought the Council agreed to have minutes tabled if they were brought up at a meeting. Councilmember Lasman discussed that she recalls that the decision was for the Council to approve the minutes on May 12, 2003, with the suggested amendments, and that in the future minutes should be tabled if there were brought up at a meeting. Council continued discussions regarding Consent Agenda Item 7b, Licenses. Councilmember Lasman inquired why the property at 6777 Humboldt Avenue North is being considered for a license if the property is unfit for human occupancy. Mr. McCauley informed that he was not aware of this property being unfit for human occupancy since the materials were not ready for him to review at the agenda meeting. He suggested that the Council table that license request. Councilmember Niesen inquired when the project was built and what work is being done in regards to Consent Agenda Item 7d, Resolution Accepting Bid and Awarding a Contract, Improvement No. 2002 -19, Shingle Creek Trail Reconstruction. Public Works Director /City Engineer Todd Blomstrom discussed that the project was built several years ago and that the work being done is due to a failure of settlement, not construction. She questioned the grant from the Department of Natural Resources and what amount the City will pay. Mr. Blomstrom informed that the grant is a cost - sharing program that will provide funds for approximately 50 percent of the construction costs for the project. Councilmember Niesen asked about the background for Consent Agenda Item 7e, Resolution Authorizing the City Manager to Execute a Contract for Electrical Inspection Fees. Mr. McCauley discussed that currently the State of Minnesota provides electrical services in Brooklyn Center and the City receives no revenue from the fees collected. This resolution would authorize the City to contract electrical services. The City would pay the electrical contractor a percentage of the fees collected and receive a percentage of the fees generating revenue for the City. I Councilmember Carmody asked Mr. McCauley if the amendment she had requested to the Study Session minutes on page one regarding Public Works Week had been made. Mr. McCauley requested her to verify what amendment should be made. Councilmember Carmody asked that the amendment be made to indicate that she questioned the cost of the Public Works Day, not the newsletter. Mr. McCauley responded that amendment would be made. I Councilmember Niesen questioned some of the language written in the miscellaneous portion of the Study Session minutes for May 12, 2003, that appeared to be incomplete. Mr. McCauley informed that the language should be amended to read: I 05/27/03 -2- • Mr. McCauley informed that this issue had been researched two to three years ago and that it was determined to be unsafe due to the distance between the traffic signals in the area amount of land and was not available for a turn lane. Mr. McCauley informed the Council that staff continues to search for the report that -he referred to at the meeting on May 12, 2003. CHIEF BECHTHOLD REPORT ON TERRORISM ALERTS Mr. Bechthold reported on the City's Emergency Plan and the State Homeland Security improvements. Over the last year the State Homeland Security Office has improved the communications to cities throughout the United States with better definitions ofthe threat levels, has developed a secure Internet site, and now has pager numbers for Police Chiefs in the United States for urgent messages. He informed the Council that the last alert message received was a blanket per the Nation and that Minnesota is not a real threat; however, citizens do need to continue to monitor and report suspicious matters. MISCELLANEOUS Mr. Bechthold informed that the City's Prosecuting Attorney is moving forward with charges to the owner of the pit bull for allowing the dog to run at large and having more than two dogs. He discussed that a person living at that residence will be sentenced for a workhouse violation. • Mayor Kragness questioned if the Y g q complaint received at the May 12, 2003, Informal Open Forum regarding three pit bulls on Xerxes Avenue North had been inspected. Mr. Bechthold informed that they have not been able to verify if there are three pit bulls living at that address on Xerxes Avenue North. Mr. Bechthold discussed that there is one Sergeant and four Officers working on a Mobilization and Traffic Campaign through June 2, 2003; and that during the first five days there were 643 citations, 21 arrests, and 95 warning issued. Mr. Bechthold discussed the two new Lieutenant positions have been initiated and that Kevin Benner will take the east side and Curt Lund will take the west side of Brooklyn Center. Councilmember Peppe questioned if a clause could be added to the Animal Ordinance requesting the number of calls be tracked to help classify dangerous dogs. Council discussed. Councilmember Niesen inquired if any other Council Member had received a letter from a resident regarding repair on their property. Mayor Kragness responded that the matter had been take care of and that the repair will be done. Mr. Blomstrom informed her that the repair would be done with the Happy Hollow project. Councilmember Niesen inquired if the complaint about a street light assessment from a resident had • been addressed. Council discussed and Mayor Kragness asked that Councilmember Niesen provide the resident's information for Mr. McCauley to research. 05/27/03 -3- DRAFT Councilmember Lasman asked when the Woodbine survey would be done. Assistant City Manager/Director of Operations Curt Boganey responded that the Woodbine survey would be done no later than the first part of next week. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Carmody to adj ourn the Study Session at 6:42 p.m. Motion passed unanimously. City Clerk Mayor I I I • 05/27/03 -4- DRAFT. • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 27, 2003 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 at 6:43 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Police Chief Scott Bechthold, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. • ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Niesen, seconded by Councilmember Peppe to adjourn the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Carmody offered 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 7:02 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria • Rosenbaum. 05/27/03 -1- DRAFT 5. PLEDGE OF ALLEGIANCE • The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Carmody reported that she attended the Earle Brown Days Committee meeting and discussed some of the events taking place June 26 through 28, 2003, such as the parade on Thursday and the ice cream social and teen dance on Friday. She reported that she attended a D.A.R.E. Graduation at St. Alphonsus Church. Councilmember Lasman reported that she attended D.A.R.E. Graduations on May 13 and May 20, 2003; attended the National Night Out 20 Year Celebration Meeting; the Crime Prevention Golf Tournament Fundraiser on May 16, 2003; and the Crime Prevention Program meeting on May 21, 2003. Mayor Kragness reported that she attended the D.A.R.E. Graduation on May 20, 2003, at the Odyessy Charter School. She expressed thanks to the kids and to the Police who do such a wonderful job. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to approve S the agenda and consent agenda with the amended Study Session minutes; the repositioning of Council Consideration Item 1 la, Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Orlander Nelson, to 8a and making 8a, Appearance by Lynne Thomas, North Hennepin Mediation Program Volunteer, 8b; and tabling the license of 6777 Humboldt Avenue North. Motion assed unanimously. P 7a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the minutes of May 12, 2003, study and regular sessions with the following amendments made to the study session minutes: Councilmember Carmody questioned the cost of Public Works Day with Council Consideration Agenda Item 9c, Proclamation Declaring May 18-24,2003, Public Works Week in Brooklyn Center. Mr. McCauley nformed that this issue had been two three o and that it was n to ears a Y Y g determined to be unsafe due to the distance between the traffic signals in the area amount of land and was not available for a turn lane. Motion passed unanimously. • 05/27/03 -2- DRAFT 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. MECHANICAL Commercial Plumbing & Htg. 24428 Greenway Ave., Forest Lake J B Mechanical Htg. & Air P. O. Box 18, Hugo White Bear Mechanical Inc. 2379 Leibel Street, White Bear Lake MOTOR VEHICLE DEALERSHIP Brooklyn Motors, LLC 6700 Brooklyn Boulevard RENTAL Renewal: 5415 69 Ave N (Maranatha Place) Center Park Senior Apts, Inc. 6018 Admiral Lane Lutheran Social Service 7018 & 21 Brklyn Blvd (Willow Lane Apts) Willow Lane Realty (Esta Miller) 2741 Freeway Blvd (Mgr's Apt) Motel 6 1519 Humboldt Place N Kwi Ha Wong (Suburban Properties) 1525 Humboldt Place N Kwi Ha Wong (Suburban Properties) 1531 Humboldt Place N Kwi Ha Wong (Suburban Properties) • 6854 West River Road David Wagtskjold Initial: 5000 A, B, C, D France Ave N Dean Gannon 6777 Humb kh A "I °d~°y R- A (Item was tabled) 5712 Logan Ave N Dwayne Meier SIGN HANGER Elements, Inc. 10044 Flanders Court NE, Blaine Scenic Sign Corporation 828 South 5 th Street, Sauk Rapids. Topline 11775 Justin Circle, Maple Grove 7c. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (ESTATES OF RIVERWOOD) ORDINANCE NO. 2003-03 Councilmember Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (ESTATES OF RIVERWOOD) • 05/27/03 -3- DRAFT The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember • Lasman. Motion passed unanimously. 7d. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2002 -19, SHINGLE CREEK TRAIL RECONSTRUCTION RESOLUTION NO. 2003 -85 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2002-19, SHINGLE CREEK TRAIL RECONSTRUCTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7e. RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR ELECTRICAL INSPECTION SERVICES RESOLUTION NO. 2003-86 Councilmember Carmody introduced the following resolution and moved its adoption: • RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR ELECTRICAL INSPECTION SERVICES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7f. RESOLUTION AMENDING 2003 PAY PLAN AND CREATION OF POSITION OF DEPUTY CHIEF OF POLICE RESOLUTION NO. 2003 -87 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING 2003 PAY PLAN AND CREATION OF POSITION OF DEPUTY CHIEF OF POLICE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. s 05/27/03 -4- DRAFT I • 8. APPEARANCE 8a. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ORLANDER NELSON Councilmember Lasman read the resolution expressing recognition of and appreciation for dedicated public service since May 20, 1974, of Orlander Nelson. Mayor Kragness presented the resolution and expressed thanks. Ole expressed thanks to the Council and City staff. RESOLUTION NO. 2003-88 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ORLANDER NELSON The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8b. LYNNE THOMAS, NORTH HENNEPIN MEDIATION PROGRAM • VOLUNTEER Lynne Thomas, North Hennepin Mediation Program Volunteer, and resident of Brooklyn Center, addressed the Council to present information regarding the services provided by the North Hennepin Mediation Program and to express the need to continue these services in Brooklyn Center. She informed the Council that they assisted with 57 cases for Brooklyn Center residents in 2002; that there had been 28 new mediators added to the program; and that there is a new mediation service to address harassment. Ms. Thomas presented the City a sample check in the amount of $12,000 for 2003 and discussed that the first of each municipal dollar is matched by State funds and the second municipal dollar is matched by private contributions. She hopes that the City will allow the program to function and service the City of Brooklyn Center. 9. PUBLIC HEARINGS 9a. AN ORDINANCE REPEALING CHAPTER 2 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING THE DISPOSITION OF ABANDONED AND UNCLAIMED PROPERTY r 05/27/03 -5- DRAFT I i City Manager Michael McCauley discussed that this ordinance amendment is a technical ordinance • that the City Council previously discussed and recommended moving forward. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003 -04 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE REPEALING CHAPTER 2 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING THE DISPOSITION OF ABANDONED AND UNCLAIMED PROPERTY The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 9b. AN ORDINANCE AMENDING SECTIONS 11 -717 AND 23 -1902 OF THE • BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE CONDUCT OF CHARITABLE GAMBLING IN THE CITY Mr. McCauley discussed that this ordinance amendment was originated by a request for the City Council to make changes in the City Ordinances regarding operating in more than one location, the payout percentage, and the operation of paddlewheels. Since the item was first read and approved for second reading and public hearing, the Council heard from a representative from the Brooklyn Center Lions Club with respect to amending the amount an organization must expend to 85 percent. He explained that the ordinance amendment was written with 90 percent; however, if the Council wishes to amend the ordinance to specify 85 percent it can amend the proposed ordinance before adoption. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. Councilmember Carmody iscussed that she would like e to see the request of 85 percent honored since the Lions do a lot of good for the City of Brooklyn Center. • 05/27/03 -6- DRAFT ORDINANCE NO. 2003 -05 • Councilmember Carmody introduced the following rdinance and moved its adoption ption wrth the amendment of 85 percent to be made to Section 23 -1902 (2) to replace 90 percent: AN ORDINANCE AMENDING SECTIONS 11 -717 AND 23 -1902 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE CONDUCT OF CHARITABLE GAMBLING IN THE CITY The motion for the adoption of the foregoing ordinance was duly seconded b Councilmember g g Y lm Y Lasman. Motion passed unanimously. 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION N0.2003 -005 SUBMITTED BY KPM PROPERTIES, INC. & O'NEILL CONSTRUCTION. REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE THE LOT AT 5024 FRANCE AVENUE NORTH INTO TWO LOTS. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 15, 2003 MEETING. Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No. 2003- • 005 submitted by KPM Properties, Inc. and O'Neill Construction requesting for preliminary plat approval to subdivide the lot at 5024 France Avenue North into two lots. The Planning Commission noted one point of concern with the garage on the northerly lot. The Zoning Ordinance allows garages only as necessary buildings to a principal building, in this case a single - family home. No single - family home would exist on this lot when it is created. Mr. Warren informed that it is the intent of the applicant to eventually build a single - family home on the newly created lot. When the final plat is filed the applicant shall have either made application for a building permit to construct a single- family home on the proposed lot or executed a performance agreement and posted an appropriate financial guarantee g tee to assure the removal of the garage on the ear. ro osed lot within a p P Y Councilmember Peppe questioned how this one -year timeframe would be monitored. Mr. McCauley responded that the Community Development Department would monitor the matter. Mr. Warren informed the Council that the applicants were present if the Council had any questions and that the Planning Commission recommended approval of Planning Commission Application No. 2003 -005 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. • 05/27/03 -7- 7 DRAFT 3. Prior to the release of the final plat, the applicant shall have either made application • for a building permit to construct a single - family home on the proposed Lot 1 or executed a performance agreement and posted an appropriate financial guarantee to assure the removal of the garage on the proposed Lot 1 within one year. In no event shall there be an accessory building on the proposed Lot 1 beyond one year following the filing of the final plat unless there is a properly constructed single family home on said lot. 4. The Final Plat shall be modified to show a 5 ft. wide drainage and utility easement along the north property line of the proposed Lot 1, as recommended by the City Engineer. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 2003 -005 subject to the above mentioned conditions recommended by the Planning Commission. Motion passed unanimously. 10b. PLANNING COMMISSION APPLICATION NO. 2003-006 SUBMITTED BY RTM RESTAURANT GROUP. REQUEST FOR SPECIAL USE PERMIT AND SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT AN 80 SEAT, 3,286 SQ. FT. ARBY'S RESTAURANT WITH A DRIVE -UP WINDOW AT 5444 BROOKLYN BOULEVARD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 15, 2003 MEETING. • Mr. Warren outlined Planning Commission Application No. 2003 -006 submitted by RTM Restaurant Group requesting for a special use permit and site and building plan approval to construct an Arby's Restaurant with a drive -up window at 5444 Brooklyn Boulevard. The Planning Commission recommended approval of Planning Commission Application No. 2003 -006 subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 05/27/03 -8- DRAFT • 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. . 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all driving and parking areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current standard specifications and details. 11. A special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehended by the Zoning Ordinance shall require an amendment to this special use permit. • 12. This special use permit is subject to all applicable codes ordinances and regulations. pp g s. Any violation thereof shall be grounds for revocation. 13. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 14. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. Councilmember Niesen asked for clarification on the entrance /exit locations and questioned if the traffic had been considered. Mr. Warren pointed out the three access points for entering and exiting the property and discussed the site plan review. Councilmember Carmody questioned if the door on the south side by the drive -up window would be used as a main entrance. Mr. Warren discussed that entrance would not be used as a main entrance. Councilmember Carmody inquired why a grease trap for the clean out at the construction point is not identified on the plan. Mr. Blomstrom informed that a dedicated manhole was located which was not known at the time of the plan review. • 05/27/03 _ -9 DRAFT A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 2003 -006 subject to the above mentioned conditions recommended by the Planning Commission. Motion passed unanimously. 10c. PLANNING COMMISSION APPLICATION NO. 2003-007 SUBMITTED BY MR. AND MRS. TONY YANG. REQUEST FOR A SPECIAL USE PERMIT TO OPERATE AN ADULT DAY CARE FACILITY AT 5650 LILAC DRIVE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 15, 2003 MEETING. Mr. McCauley discussed that the Planning Commission recommended approval of Planning Commission Application No. 2003 -007 submitted by Mr. And Mrs. Tony Yang requesting for a special use permit to operate an adult day care facility at 5650 Lilac Drive North and that if the Council had any questions the applicants were present. John Cramer, resident near the property, addressed the Council to express some concerns and ask questions about the operation at the facility. Mr. Cramer asked what the ratio would be with the caretaker and adults. Applicant Tony Yang addressed the Council and responded that the ratio would be 8 to 1. Mr. Cramer asked if the back door would have an alarm system. Mr. Yang responded that the back door would be locked during business hours and that there is no alarm system. Mr. Cramer suggested that an alarm be considered for the sake of the adults using the facility and the area residents. Mr. Cramer discussed his concern about the appearance of the properly and snow removal. Mr. Yang discussed the property and the intent that he had for hiring • someone for snowplowing in the winter. Mr. Warren informed that the Planning Commission recommended approval of Planning Commission Application No. 2003 -007 subject to the following conditions: 1. The proposed adult day care facility is similar in nature to a group day care facility for zoning regulations and shall be considered a special use in the C -1 and C -2 zoning districts. 2. The adult day care facility as proposed by the applicants meets the Standards for Special Use Permits contained in Section 35 -220, Subdivision 2b of the Zoning Ordinance. 3. Furthermore, the proposal is considered to be compatible with, complimentary to and of comparable intensity to uses allowed in the C -1 zoning district and that the proposal is planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon these facilities, the immediate neighborhood, or the community. • 05/27/03 -10- DRAFT • 4. The special use permit is granted for an appropriately licensed adult day care facility as outlined in this proposal. Any expansion or alteration of the proposed use beyond that contained in this submittal shall require an amendment to this special use permit. 5. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violations thereof may be grounds for revocation. 6. Building plans for remodeling and occupancy of this building, are subject to approval of the Building Official prior to issuance of permits. 7. The applicant shall provide a 6 ft. high opaque fence to provide a screening between the parking lot and the residential property. A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve Planning Commission Application No. 2003 -007 subject to the above mentioned conditions recommended by the Planning Commission. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS 11a. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ORLANDER NELSON • This item was repositioned to 8a. 11b. RESOLUTION EXPRESSING APPRECIATION TO REPRESENTATIVE DEBRA HILSTROM AND SENATOR LINDA SCHEID FOR THEIR EFFORTS ON BEHALF OF THE CITY TO SECURE AN OFF - STREET TRANSIT HUB FACILITY Mayor Kragness read the resolution expressing appreciation to Representative Debra Hilstrom and Senator Linda Scheid for their efforts on behalf of the City to secure a transit hub facility in Brooklyn Center. RESOLUTION NO. 2003-89 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION TO REPRESENTATIVE DEBRA HILSTROM AND SENATOR LINDA SCHEID FOR THEIR EFFORTS ON BEHALF OF THE CITY TO SECURE AN OFF - STREET TRANSIT HUB FACILITY The motion for the adoption of the foregoing resolution was duly g S y seconded by Councilmember Carmody. Motion passed unanimously. • 05/27/03 -11- DRAFT llc. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE • BROOKLYN CENTER FIRE DEPARTMENT IN SUPPORT OF SAFETY CAMP Mayor Kragness read the resolution expressing appreciation for the gift of $500 from the Brooklyn Center Fire Department to support safety camp. RESOLUTION NO. 2003-90 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER FIRE DEPARTMENT IN SUPPORT OF SAFETY CAMP The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. lld. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 26 THROUGH JUNE 28, 2003 Mayor Kragness read the resolution declaring Earle Brown Days as a Civic Event from June 26 through June 8, 2003. RESOLUTION NO. 2003 -91 • Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 26 THROUGH JUNE 28, 2003 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. Ile. RESOLUTION DIRECTING THE TERMINATION OF THE AUTOMATED CLEARING HOUSE (ACH) SERVICES PROGRAM Mr. McCauley discussed that this resolution would direct the termination of the Automated Clearing House (ACH) Services Program since the program participation of 15 percent will not be reached and the expense of providing this service to a small number of customers was demonstrated to be financially ineffective. RESOLUTION NO. 2003-92 Councilmember Lasman introduced the following resolution and moved its adoption: 05/27/03 -12- DRAFT O RESOLUTION DIRECTING THE TERMINATION OF THE AUTOMATED CLEARING HOUSE (ACH) SERVICES PROGRAM The motion for the adoption of the foregoing resolution was .duly seconded by Councilmember Carmody. Motion passed unanimously. 11L REPORT ON PRELIMINARY DISPATCH FEASIBILITY. STUDY WITH SUBURBAN COMMUNITIES Mr. McCauley reported that he along with Mr. Bechthold and IT Coordinator Patty Hartwig had participated in a meeting with several other cities and Hennepin County regarding dispatch services. The outcome of this meeting was that it would be beneficial to conduct a preliminary feasibility study of dispatch consolidation. The City of St. Louis Park has proposed to take the next steps for this process. He recommended that the City participate in the preliminary feasibility study and evaluate participation in the study after proposals have been received and a specific commitment is required. A price has not been determined for this study. A motion by Councilmember Lasman, seconded by Councilmember Carmody to authorize the letter of intent to participate in the preliminary feasibility study. Motion passed unanimously. 12• ADJOURNMENT • There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adj ourn the City Council meeting at 7:59 p.m. Motion passed unanimously. City Clerk Mayor • 05/27/03 -13- DRAFT City Council Agenda Item No. 7b City of Brooklyn Center A Millennium Community • TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: June 4, 2003 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 June 9, 2003. MECHANICAL Anderson Heating and A/C 4347 Central Avenue NE, Columbia Heights Michals HHH Inc. 2779 161 Avenue NW, Anoka Minnesota Gaslight Inc. 7866 University Avenue NE, Fridley RENTAL Renewal: 3612 55 Avenue North Lutheran Social Service • Zero calls for service. 132963 d Lane North Ann Rockler Jackson Zero calls for service. Melrose Gates Apartments Soderberg Apartment Specialists (See attached sheet) River Glen Apartments Gary Brummer (See attached sheet) Initial: 130072 d Avenue North Marinela and Scott Selseth Zero calls for service 67 7*7 Humboldt Avenue North Andrey Ryvlin Property had an issue with a deck that was corrected. Police only responded to this address one time in the last 12 months and that was on 4/9/03 to a car parking complaint. * 6301 Shingle Creek Parkway Recreation and Communit y 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 Total of calls is from 5/1/02 to 5/1/03 • River Glen Apts Melrose Gates Parking violations 4 0 Domestic 13 6 Susp. Acts 29 19 Aid @ Assist other dept. 22 12 Misc. Public 5 0 All Other 3 1 Theft 18 16 Disturbing the Peace 25 13 Fire calls 6 6 Parking violations 2 7 Dog tags 1 0 Crime Against Family 8 0 Obstruct Justice 3 0 Vandalism 14 8 Drugs 2 0 Burglary 1 1 Assault 4 2 Motor Vehicle Theft 5 3 Sudden death 1 1 • Aband. Vehicles 1 0 Sex offense 2 0 Forgery 2 3 DAR/DAC /DAS 1 1 Obscenity 2 0 Recovered stolen 1 2 Alarms 2 2 Code Rules And Regs. 1 0 Traffic accident 3 1 Lost property 1 0 Weapons offense 0 2 Residense checks 0 1 Medicals 0 4 Total 203 115 City Council Agenda Item No. 7c �I ;1V °K`Y" CE "r�� p Brooklyn Center Police Department POLICE May 28, 2003 Mr. Joe Erickson City of Brooklyn Center Community Activities, Recreation & Services 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 RE: Dudley Softball Tournament, June 20 -22, 2003 Enclosed please find your Temporary Beer License with regard to the Dudey Softball Tournament. • Note below your approved hours of operation: June 20, 2003 6:00 pm —12:00 am June 21, 2003 8:00 am -12:00 am June 22, 2003 ** 12 Noon - 5 :00 pm The starting time on Sunday, June 22, 2003 is from 9:00 am to 12 noon per City Ordinance. If you have any questions regarding this, please call me at 503 -3201. Sincerely, ic v Scott Bechthold Chief of Police /kh • 6645 Humboldt Ave N, Brooklyn Center, MN 55430 -1853 Telephone (763) 569 -3333 • TDD (763) 561 -5720 • Fax (763) 561 -0717 • Crime Tips (763) 561 -6649 Emergency 9 -1 -1 I City of Temporary Beer Brooklyn Center License Application Organization Name: C ���,kl, ^ �L�{ 2 E 6 r` INFORMATION ON CONTACT PERSON FOR R O GANIZATION Name: �c��— r Address: � J z_ C r -e-k Pc - L Home Phone: `l�3 � - Work Phone: INFORMATION REGARDING THE EVENT Name of Event: � ,,�1e y /� �GSS�`L cation of Event: (� • �ertih -� � Cp3 � 1 S h.'� Cre�l� �I G�( /� � rzs ak( G, Address (City, State, Zip) n/ \/\J S-,- 4 /,?(7 Date(s) of Event: , \.P__ ,)-01 3 Time(s) of Event: 7 Security For Event: o^ /L-'eon Signature of Applicant: oe J" �'�'� Date: 5 --7— o * Return completed application with fee ($10 1day) to the Brooklyn Police Dept. Brooklyn Center requires proof of $300,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. This should be in the form of a certificate of insurance or an insurance binder. However, if your event is being held on City property, such as a City park, you are required to have proof of $500,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. �X�� �c�csF9c *�>•t�r * *:�� *>Fx�rxXX* Application Approved: Date: = Z �o City Clerk tempbcttxls Jul -9B City Council Agenda Item No. 7d I� • MEMORANDUM DATE: June 4, 2003 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER --------------------------------------------------------------------------------------------- • MILTON & JOSEPHINE HANSON 6942 MORGAN AVE N 5 PHYLLIS OWENS 6520 BROOKLYN BLVD 6 JEFFREY OLSON 6306 JUNE AVE N 7, 44 GLENN & BLANCHE HAMILTON 6024 EWING AVE N 8 JAMES & EDYTH LANNAN 4000 JANET LANE 9 JEFF & JANET BOBO 3912 JANET LANE 10 WILLIAM & LAURA CARMICHAEL 500466 TH AVE N 11 TAN PHAN & TRACY VU 6437 JUNE AVE N 12, 13 CRISTIN BRAESCH 6207 QUAIL AVE N 14 ARNOLD & JOYCE ARNESON 6136 LEE AVE N 15,16 BETH SIEFERT 5936 HALIFAX AVE N 17 RICHARD GARDNER 6018 HALIFAX AVE N 18 GEORGE ENGLES 5107 EWING AVE N 19 TARSIA KALWAY 3303 53 N 20 RICHARD & KAY SITTS 6319 ORCHARD AVE N 21 DALE CORDES & PATRICK LIESTMAN 5701 JUNE AVE N 22, 23 TIMOTHY & JACQUELINE GRAHAM 7037 DREW AVE N 24 MONSURU AJASA 4501 WOODBINE LA 25 DANNY SUGGS 6806 BEARD AVE N 26 RICHARD ADAMS 7205 FREMONT AVE N 27 TONY JENSEN 7212 EMERSON AVE N 28 DAVID & CHEREEN NORSTRUD 67205 TH STN 29 DIANA O'CONNOR 71169 AVE N 30 GLEN & HOLLY SCHULTZ 6227 CAMDEN AVE N 31 INDEPENDENT SCHOOL DISTRICT #286 5900 HUMBOLDT AVE N 32 GEORGE JOHNSON JR 5410 GIR.ARD AVE N 33 r DOUGLAS WALLIN 5420 GIRARD AVE N 34,35 ERIC & LEAH MILLER 5444 HUMBOLDT AVE N 36 TURNING POINT INC. 82155 TH AVE N 37 BERTHILD BREUNINGER 5501 COLFAX AVE N 38 DAVID THEISEN 5559 & 5547 LYNDALE AVE N 39, 40, 41, 42, 43 • RESOLUTION NO. 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. 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. 7e • MEMORANDUM DATE: June 3, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works /\i SUBJECT: Resolution Approving Appraised Values of Properties in a Pending Condemnation Action, Mississippi Riverbank Protection Project, Improvement Project 1999 -11 On December 9, 2002, the Brooklyn Center City Council authorized the acquisition of certain easements by eminent domain for the construction of the Mississippi Riverbank Protection Project. An independent appraiser prepared appraisal reports for the temporary and permanent easements that are necessary to complete the project. The appraised values for the easements were established for individual properties upon review of the appraisal reports by the Army Corps of Engineers. The established values for the temporary and permanent easements are included in the attached resolution. Evergreen Land Services will be negotiating directly with individual property owners • over the next several weeks in an attempt to obtain the easements necessary for the project. Administrative adjustments may be necessary in order to compensate for miscellaneous structures such as stairways and sheds that will be removed for construction of the project. The amount of potential administrative adjustments will be determined during the negotiation process. Final settlements that are reached with individual property owners prior to the condemnation hearing will be subject to approval by the City Council. A resolution approving the appraised values for easements within the project corridor is attached for City Council consideration. Staff recommends approval of the resolution. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING APPRAISED VALUES OF PROPERTIES IN A PENDING CONDEMNATION ACTION, MISSISSIPPI RIVERBANK PROTECTION PROJECT, IMPROVEMENT PROJECT 1999 -11 WHEREAS, by Resolution No. 2002 -189, adopted on December 9, 2002, the City Council for the City of Brooklyn Center authorized the acquisition of certain easements by eminent domain, as more particularly described in said resolution; and WHEREAS, the City has retained a qualified independent appraiser to determine the fair market values of the real estate interests being acquired; and WHEREAS, the US Army Corps of Engineers reviewed the appraisal reports for the affected properties and made necessary adjustments; and WHEREAS, the City desires to approve the appraised values of the affected properties, as determined by the independent appraiser and the US Army Corps of Engineers. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofBrooklyn Center, Minnesota as follows: 1. The City Council hereby approves the appraised values of the affected properties, in the amounts set forth on the attached Exhibit A. 2. The City's attorney and staff are authorized and directed to pay to the owners of the affected properties or to deposit with the court the amounts set forth on the attached Exhibit A in accordance with Minnesota Statutes, Section 117.042. 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. • RESOLUTION NO. EXHIBIT A Approved Parcel No. Property Addresses Appraised Value Amount 3611921130001 6654 West River Road, Brooklyn Center, MN 55430 $5,200.00 3611921130002 6648 West River Road, Brooklyn Center, MN 55430 $2,400.00 1 3611921130003 6640 West River Road, Brooklyn Center, MN 55430 $3,500.00 3611921130004 6632 West River Road, Brooklyn Center, MN 55430 $9,200.00 3611921120016 6720 Willow Lane N., Brooklyn Center, MN 55430 $4,600.00 3611921120017 6712 West River Road, Brooklyn Center, MN 55430 I $9,000.00 3611921120018 6704 West River Road, Brooklyn Center, MN 55430 ( $ 5,000.00 3611921120019 6700 West River Road, Brooklyn Center, MN 55430 $4,700.00 3611921130021 6620 Willow Lane N, Brooklyn Center, MN 55430 I $3,500.00 • I • City Council Agenda Item No. 8a • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning S alist / 4 Subject: City Council Consideration Item - Planning Commission Application No. 2003- 008 Date: June 4, 2003 On the June 9, 2003 City Council Agenda is Planning Commission Application No. 2003 -008 submitted by Nor -Web LLP requesting a Special Use Permit to construct an off -site accessory parking lot for the Evans Nordby funeral home located at 6000 Brooklyn Boulevard Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2003 -008 and also an area map showing the location of the property under consideration, various site and building plans, 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 May 29, 2003 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. I • Application Filed on 5 -13 -03 City Council Action Should Be Taken By 7 -12 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -008 Applicant: Thomas Weber Location: The Two Lots North of 6000 Brooklyn Boulevard Request: Special Use Permit The applicant, Thomas Weber on behalf of Nor -Web LLP, is seeking Special Use Permit approval to construct an off site accessory parking lot for the Evans Nordby Funeral Home site, which is located at 6000 Brooklyn Boulevard. The parking lot is to be located on two vacant lots (owned by Nor -Web) immediately north of the funeral home site. The properties under consideration are all zoned C -1 (Service /Office) and are located on the east side of Brooklyn Boulevard, north of 60 Avenue. The properties are bounded on the north by R -5 (Multiple Family Residence) zoned property containing an apartment building and a walkway connecting the apartment property to sidewalk along Brooklyn Boulevard. An Amoco gasoline station on C- 2 (Commerce) zoned property is located immediately to the north of the walkway. To the east of the site is Beard Avenue North with single - family homes on the opposite side of the street. To the south of the sites is 60 Avenue with C -1 zoned land on the opposite side of the street. Along the west is Brooklyn Boulevard with single - family homes on the opposite side of that • street. Off site accessory parking lots are allowed in the C -1 zoning district through a special use permit per Section 35 -701, Subdivision 3a through 3g, of the Zoning Ordinance. Such parking lots are limited to one site per business; must have a minimum of 20 parking spaces; not be more than 800 ft. from the farthest point of the accessory parking lot to the principal use; pedestrian traffic must not be required to cross major thoroughfares and certain streets listed in the ordinance; accessory spaces can be used to meet the parking requirements of the principal use if the parking lot site is legally encumbered for the sole use of the principal site; and off site parking improvements are to be provided as required ultimately by the City Council. BACKGROUND A blacktop parking lot was constructed on the two lots north of the Evans Nordby Funeral Home property for use by the funeral home late last fall without the approval of the City and proper permits being used. Apparently there was a misunderstanding as to what could be constructed on these lots after the site was used as a staging area by a contractor retained by the City to construct street improvements in the neighboring area. The City did not object to a base being laid for an eventually parking lot as part of restoring the site following its discontinuance as a staging area. However, it was expected that plans for drainage, grading, storm sewer, landscaping and screening would be submitted for approval before construction of the lot. The owners were notified and have proceeded to provide the necessary plan based on a recently completed survey of the property. • 5 -29 -03 Page 1 PROPOSAL • They have provided a plan for an off -site parking lot that would contain 56 parking stalls to be bound by B -612 curb and gutter. The parking lot would be connected to, and an extension of, the existing parking lot serving the funeral home. Parking spaces meet or exceed the ordinance required parking stall dimensions except for four parallel spaces proposed for the north side of the site. These spaces should be at least 24 feet in length rather than the 20 ft. shown on the plan. Generally, concrete parking delineators and protectors are required at the end of parking rows. The plan should be modified to provide such delineators /protectors at the north end of the row of parking and also along the south side of the drive lane leading to Brooklyn Boulevard. One parking space might be lost be providing this change. The plan calls for an approximate 24 ft. green strip between the edge of the parking lot and the property line adjacent to Beard Avenue North. The west edge of the sidewalk along Beard is located along the property line. This green strip exceeds the minimum 15 ft. green strip required where a parking lot abuts street right of way. A 5 ft. green strip will be established along the north side of the off site parking lot where this property abuts with the apartment property to the north. Access to the parking lot would be from an existing curb cut along Brooklyn Boulevard at the northwesterly corner of the site. No access from Beard Avenue to the off site parking lot is being requested nor would it be granted by the City. As indicated previously, the off site parking lot would be an extension of the existing parking lot for the funeral home. The applicant has indicated that the funeral home has a chapel seating capacity of 125. The • parking requirement for a funeral home requires one parking eve space for three seats in the p every public assembly area. They note that they have 42 parking spaces on the funeral home site. Based on the Zoning Ordinance parking requirements, the funeral home meets the minimum parking standards and is not required to provide additional off street parking. Occasionally they have need for more parking based on an over capacity crowd. This additional off street P ty parking should accommodate the funeral home needs. DR ATNA vT TTTT TTTF 4 The Director of Public Works /City Engineer is reviewing the plan submitted. As indicated previously, the plan calls for B -612 curb and gutter to assist site drainage around the off site parking lot. The plan also calls for the site to be drained to a catch basin located on the easterly side of the new parking lot. This is proposed to be connected by storm sewer to the Beard Avenue North right of way and will run northerly under the sidewalk adjacent to Beard approximately 105 ft. to tie into existing storm sewer in Beard Avenue. The applicant would be required to replace and repair the sidewalk with this utility construction. The Director of Public Works /City Engineer also is reviewing the possibility of the storm drainage going south to tie into storm sewer located adjacent to the funeral lot parking lot. The Director of Public Works /City Engineer comments will be attached for the Commission's review. • 5 -29 -03 Page 2 • I. AND SC APES CRFFN]JgQ The two parcels proposed for the off site parking lot are 41,926 sq. ft. in area (.9625 acres). This combined site would require 96 landscape points based on the application of the landscape point system to this property. The plan submitted calls for five American Linden to be planted in the 5 ft. green strip at the north end of the parking lot. Eight 6 ft. high Blue Spruce are proposed for the Beard Avenue green strip to be incorporated with their proposed parking lot screening plan. This would amount to 98 points although it does not meet the point distribution required. The Zoning Ordinance requires screening of a parking lot as approved by the City Council when it is across the street from residentially zoned property such as along Beard Avenue and also Brooklyn Boulevard. Screening is also required when a parking lot abuts residentially zoned property at a property line such as it does where the proposed parking lot abuts with the multiple residential property to the north. A minimum 6 ft. high opaque screen fence or such other device as approved by the City Council is required in such a case. The screening plan calls for a combination of opaque screen fencing in 10 ft. sections interspersed with Blue Spruce Trees along Beard Avenue. The screen fencing would be a 5 ft. high board on board type fence. Limited screening is provided to the north and no parking lot screening is provided along the Brooklyn Boulevard side of the site. The Commission must determine if this is appropriate and sufficient screening. It is recommended that additional • screening be carried along the north side of the site and that some type of landscape screening be provided to screen the parking lot from the residential property on the opposite side of Brooklyn Boulevard. Also, it is recommended that whatever screening is decided as appropriate along Beard Avenue be extended to the south to screen better the existing Evans Nordby parking lot from the residential property on the opposite side of Beard Avenue. PT .A TTTNC R F.(�T TiR FMFT`TTS The property under consideration for the off site lot is two separate lots owned by Nor -Web LLP. They are approximately 77 ft. by 277 ft. (north lot) and 76 ft. by 265 ft. (south lot). The Evans Nordby Funeral Home site is a lot approximately 151 ft. by 262 ft. The Zoning Ordinance at Section 35 -540 (copy attached) requires that multiple parcels of land which are contiguous and adjacent and which are proposed to serve a single development use and which are under common ownership shall be combined into a single lot through platting or Registered Land Survey. This situation seems to fit the requirement to combine the lots through platting or Registered Land Survey. Certainly the two lots serving as the off site parking lot should be combined with one another into a single lot. And at least to be consistent with the off site parking requirements, the off site lot should be encumbered to the use of the funeral home parcel. It is recommended that these properties be replatted into a single parcel of land. • 5 -29 -03 Page 3 • SPECIAL TTSF PF.RMTT STANDARDS Accessory off site parking lots are special use permits and as such are required to meet the Standards for Special Use Permits contained in Section 35 -220 of the City Ordinances (attached). The applicant's representative has submitted a written response to the Special Use Permit Standards (also attached). The written comments basically repeat the standards contained in Section 35 -220. These Standards for Special Use Permits require that the proposed special use will promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding properties; be designed so as to minimize traffic congestion on the public street; and conform with the applicable regulations of the district in which it is located. The applicant's comments, as indicated, basically imply that they will meet all of the standards sited above. They note that no access will be permitted from the adjacent residential area along Beard Avenue and that they will conform with the applicable regulations as set forth by the Planning Commission and City Council. Generally, we see the expansion of parking for the funeral home to be a benefit to surrounding property. Hopefully, when the funeral home capacity is exceeded based on funeral services being conducted, the additional parking area will mean that there is no need to park on adjacent city streets. If the applicant complies with the drainage, landscaping and screening requirements in the Zoning Ordinance, the additional parking lot should have a minimum impact on surrounding • properties. Careful consideration should be given to the screening and landscaping aspects of the plan in any recommendations made to the City Council. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent to surrounding property owners. R FC'C)MMRNiM A TTON Approval of this application should be subject to at least the following conditions or considerations: 1. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits for the final construction of the off site parking lot. 2. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits for the parking lot. 3. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. • 5 -29 -03 Page 4 4. B -612 curb and gutter s �, • gu hall be provided around all parking and driving areas as required by the City Engineer. 5. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 6. A special use permit is granted for an off site accessory parking lot serving the Evans Nordby Funeral Home consistent with Section 35 -701, Subdivision 3a — 3g. Any expansion or alteration of this plan not comprehended by the Zoning Ordinance or this plan shall require an amendment to this special use permit. I 7. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 8. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 9. The approved plans shall be modified to provide: a. Concrete delineator /protectors at the north end of the row of parking and along the south side of the driveway leading to Brooklyn Boulevard. b. Additional screening on the north side of the side adjacent to the multiple residential property. • c. Extended screening to the south to include the Evans Nordb Y lot. d. Landscape screening of the parking lot from the residential property on the opposite side of Brooklyn Boulevard. e. Changes to coincide with the recommendations of the Director of Public Works /City Engineer. f. Parallel parking spaces at the north end of the lot of 24 ft. in length rather than 20 ft. 10. The applicant shall within one year of the date of the approval of this special use permit replat the property to be in compliance with Section 35 -540 of the Zoning Ordinance. I • 5 -29 -03 Page 5 CD IM ' GARDEN �,:, • . CITY 6 > t SCHOOL J \ �1 ' i N y RD C2 I L � } 63RD. 3 l i J r I _ + (WESTFIRP Planning Commission Z STAl1ON `z u; 1 _ Application No. 2003 -008 _ > Y w Q - LN u 7 .� C2 44 ) D Avw. N. 4 t Pu C C1 Yat. R - 1 z B S, N ui I � E I - 4RI Z > > Ilk b811H 112 AV G T i - EVE 1h �lVt C1 ' DR S K R 18TH E. N. F E i 4 ►, I CO, LA u V_ N. I I� Ir C 2 , y € love ,: L�`t � �+: A N" ter �S _y, >r s• �,+ ^ . C �iM @ F t L. 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ISM I i , rAPa m nafwa ' + , r _ I � � — — — — — — wttNfeAAOw■DroAwannAn n+arem. � � ^ �a I .. R 44 1 `861 IS PARMW II soEnux� IS: K U2.0 LANDSWE J Jf W WAtt ' :r� BE M­ XREENkW I a_1 . V B61' Z 'Aw r Is �r S,AM) AT IS A W. " �I 40, —ST SAU III K WID M — 5 1 IV le "21 N" Lot .MI SAY w 1. 11 A S.A. (a SHEETN O. Am STAHDARD WtMR III IS A. .. 11/2 • IN . FXSThWCBZA ..T M A � ZR W ` IA W - rrffC0NCRE7ECMJGUTTFR SrMaMSTORMSE�UAMHIXENO2 (CIFYPRalECT21W245,046 TYPICAL L4NDSWEAND SaWBVM SAM M­ —S nP=PAWWLOTSECWV 77 3. Ordinance required parking spaces accessory to uses located in a business or industrial district shall be on the same lot as the uses served unless a special use permit authorizes accessory off -site parking not located on the same property with the principal use. Special use permits authorizing such parking may be issued subject to the following conditions: a. Accessory off -site parking shall be permitted only on properties located in districts zoned Commercial (Cl, CIA, C2) and Industrial (I -1, I -2), and on properties which are institutional uses in residential zones. Accessory off -site parking shall be permitted on land having the same or less restrictive zoning classification as the principal use and may be permitted in more restrictive zones if the buffer and setback provisions required of the principal use are met on the property containing the off -site accessory parking. For the purpose of this section of the ordinance, institutional uses in residential zones shall have the same status as C 1 zoned property. b. Accessory off -site parking shall be limited to one 'site per each business or industrial use issued a special use permit. C. The distance from the furthest point of the accessory off -site parking property to the site of the principal use shall not exceed 800 feet. d. A minimum of 20 parking spaces must be provided on the off -site parking property. e. Accessory off -site parking shall be located such that pedestrian traffic will not be required to cross the following roadways to reach the principal use: 1. Major thoroughfares as defined in Section 35 -900. 2. 55th and 56th Avenues North between Xerxes Avenue and Brooklyn Boulevard. 3. Summit Drive. 4. 66th Avenue North between Lyndale Avenue North and Camden Avenue North. f. Accessory off -site parking spaces may be credited to the parking requirements of the rinci al use if the off -site parking roe is legally encumbered to a sole P P P g P P rtY g Y th s I _ City of Brooklyn Center 35 -74 City Ordinance k purpose Parking accessory to the principal use. ose of providing p g rY P p g. Accessory off -site parking site improvements shall be provided as required by the City Council. Section 35 -702. PARKING SPACE STANDARDS - The following minimum parking standards are hereby established for all districts other than Rl and R2: Space 2 Space Lengths Plus One Center Aisle Angle Width Curb to Curb, With Curb Overlap 90° (Two -way) 8 19.5 +19.5 +24.0 = 63'0" 18.0 +18.0 +24.0 = 60 60° (One -way) 910" 20.0 +20.0 +20.0 = 60'0" 18.5 +18.5 +20.0 = 57'0" 45 ° (One -way) 9'2 18.0 +18.0 +16.5 = 52'6" 17.0 +17.0 +16.5 = 50'6" 30° (One -way) 9'611 15.0 +15.0 +16.5 = 46'6" 14.0 +14.0 +16.5 =44'6" 0° (Parallel) 8 wide by 24'0" long, with 24 aisle An accurate, dimensioned parking layout which complies with the foregoing shall be submitted for approval with a site plan, and parking arrangements shall thereafter comply with such layout. Parking spaces shall be clearly designated by lines painted upon the surface of the parking area. Section 35 -703. ACCESS TO PARKING SPACE. In Rl, R2, and R3 districts, tandem parking spaces may be permitted. In all other zoning districts, there shall be provision for unobstructed ingress or egress for each single car space. Access to off -street areas shall be restricted to driveways 30 feet or less in width. No two driveways on any single parcel of land in a business or industrial district shall be less than 50 feet apart at the property line. Section 35 -704., N NIML>M PARKING SPACES REQUIRED. 1. Residence a Two spaces per dwelling unit 2. Commerce (Retail and Service /Office) a. Eating and drinking places: j One space for every two seats, and one space for every two employees on the average maximum shift. (Parking spaces for "drive -in" customers shall not be 35 -75 City Ordinance City of Brooklyn Center One space for every two beds plus one space for every two employees and one space for each staff doctor. d. Uses not covered by this list: Spaces as required for the most similar use as determined by the City Council. Section 35 -710. SURFACING, DRAINAGE AND CURBING. In all districts, other than RI and R2, all open off - street driving and parking areas shall be improved with a minimum of two inches of hot mixed paver laid bituminous mat, or a comparable concrete slab, placed over a well compacted subgrade and gravel base. The base gravel shall conform to the Minnesota Highway Department specifications for Class 5 gravel. In other than Rl and R2 districts, drainage plans shall be submitted to and approved by the City Engineer; drainage shall be discouraged across sidewalks or driveways. The perimeters of all driving and parking areas shall be bounded by cast in place concrete curb and gutter which conforms with the Minnesota Highway Department Type "B -612 ". 'Other shapes of concrete curb and gutter may be permitted providing the design provides an equal cross - sectional area and is approved in writing by the City Engineer. The concrete used for curbing shall conform to the current City specifications. Section 35 -711. PARKING LOT SCREENING. All open off -street parking areas having • more than six parking spaces and all off-street loading and unloading spaces shall be effectively screened from any abutting residential lots by a solid wall or opaque fence six feet high, or by such other device as may be approved by the City Council. The screening device shall not extend within 10 feet of any street right -of -way. Such off - street parking and loading areas within any yards which abuts along a street which is residentially zoned on the side opposite shall be screened from street view by a screening device as approved by the City Council. See Section 35-400 for limitation on the size of such screening devices. Section 35 -712. LIGHTING. All exterior lighting shall be provided with lenses, reflectors, or shades, so as to concentrate illumination on the property of the owner or operator of said illumination devices. Rays of light shall not pass beyond the property lines of the premises utilizing such illumination at an intensity greater than three footcandles measured at property lines abutting residentially zoned property, or 10 footcandles measured at property lines abutting street right -of- way or nonresidentially zoned property. No glare shall emanate from or be visible beyond the boundaries of the illuminated premises. I "String lighting" as defined in Section 35 -900 is specifically prohibited. Section 35 -720. JOINT PARKING FACILITIES. With respect to development complexes, the required parking facilities to _serve two or more uses may be located on the same lot or in the City o/ Center 35 -78 City Ordinance s shall be on permanent foundations which comply with the State Buildin 8. All dwelling p P Y g Code and which are solid for the complete circumference of the dwelling, except that accessory uses such as screened or enclosed porches, canopies, decks, balconies, stairs, etc. may be placed on a noncontinuous permanent foundation as approved by the Building Official. 9. The width and the depth of the main portion of any dwelling built after July 23, 1983, shall be no less than 18'. Section 35 -540. COMBINATION OF LAND PARCELS. Multiple parcels of land which are contiguous and adjacent and which are proposed to serve a single development use and which are under common ownership shall be combined into a single parcel through platting or registered land survey. Section 3 5 -560. VISIBILITY AT INTERSECTIONS. In order to preserve and promote the public safety, nothing shall be erected, placed, planted, maintained, or allowed to grow on a corner lot in any district in such a manner as materially to impede vision between a height of two and one- half feet and 10 feet above 'the centerline grades of the intersection streets in the triangle bounded by the property lines of such corner lot. and a straight line joining points on such property lines 25 feet from their intersection of the property lines. Section 35 -600. OFF - STREET LOADING. In connection with any use which is to be established or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall 'be provided off-street loading space on the basis of the following minimum. requirements: 1. Minimum Number of Berths Required a. For retail commerce, wholesale commerce, manufacturing and warehousing: Sq.Ft. of Aggregate Minimum Required Gross Floor Area Number of Berths Under 10,000 0 10,000 to 25,000 1 25,000 to 40,000 2 40,000 to 100,000 3 100,000 to 250,000 4 Each additional 200,000 1 City of Brooklyn Center 35 -71 City Ordinance City of Brooklyn Center Special Use Permits - Section 35 -220 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence. • and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one eyar, the special use permit related thereto shall expire one year following the date of abandonment. • ` i ` �l S�U3 Civil Engineering .fahn all ver & Associates, Ln c. Land Surveying 2781 Freeway Boulevard, Suite 120, Brooklyn Center, MN 55430 and Planning (763) 533 -7595 • Fax (763) 533 -1937 e -mail: bcenter@joliverassoc.com May 15, 2003 Mr. Ronald Warren Planning & Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 RE: Special Use Permit Nor -Web L.L.P. Dear Mr. Warren: As per the requirements of Section 35 -220 Subdivision 2, Standards for Special Use Permits, items A through E are addressed as follows: A. The proposed off -site parking facility shall be maintained and operated so as to improve • and enhance the condition of the existing site and will not endanger the public health or safety of the site. B. The Special Use will not be injurious to the use for which the use will be permitted and will not impair property values within the neighborhood. C. The establishment of the Special Use will not impede any acceptable ordinances allowed by ordinances. D. Adequate design measures have provided public entrance to the Special Use site from Brooklyn Boulevard and 60 Avenue North only. No access will be permitted from adjacent residential area along Beard Avenue North. E. The Special Use shall conform to the applicable regulations as set forth by the Planning Commission and City Council. Sincerely, qerey & eSSOClATES, INC. • CT'F a s . ,i e-er -2 B u r ns ville 1 . - roo ky '. s `' w, I n l':es u r `� "•x1 W.. ' P y } ? : 1 ? d'' r � '4�J s-.1 'cam.- w.� -'?.„ • MEMORANDUM DATE: May 23, 2003 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works TO SUBJECT: Nor -Wed L.L.P 6000 Brooklyn Boulevard Preliminary plans for the proposed parking lot improvements at 6000 Brooklyn Boulevard (Nor - Web L.L.P) were reviewed for engineering and utility issues. The following plan sheets were submitted to the Public Works Department for review. 1. Boundary / Topography Survey, dated January 3, 2003. 2. Off -Site Parking Facility and Landscape Plan, dated May 13, 2003 The following comments are provided for your consideration. • Water and Sanitary Sewer Service No water or sanitary sewer service connections are proposed at this time. Street and Driveway Construction The preliminary plans include the addition of curb and cutter along the existing pavement. Access onto Brooklyn Boulevard (CSAH 152) is provided at the existing apron curb opening as shown on the plans. Installation of a private stop sign is recommended at the driveway connection with Brooklyn Boulevard. Storm Water Drainage The plans provide for the construction of storm sewer from the parking lot to the intersection of Beard Avenue and 61" Avenue. This will require reconstruction of approximately 120 feet of sidewalk and temporary closure of one driveway access for the apartment building north of the site. The proposed alignment will also result in the placement of two manhole castings within the sidewalk. It is recommended that the Owner's engineer evaluate modifying the storm sewer alignment to extend south from CB -1 to tie into the existing catch basin near the intersection of Beard Avenue and 60 Avenue. This will minimize disruption within the right -of -way and avoid the placement of castings within the public sidewalk. G:\Depts\Public Works \Engineering \Development & Planning \6000Bkln- Blvd\Prelim Site Plan Review.doc • May 22, 2003 Planning Commission City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 I am unable to attend the May 29, 2003 public hearing regarding a proposal requesting a permit to build a parking lot on the two vacant commercial lots (Property Id 03- 118 -21- 12 -0008 and 03- 118 -21 -12 -0007) adjacent to Evans - Nordby Funeral Home, 6000 Brooklyn Boulevard, Brooklyn Center. The owner of both lots is listed as Keith L Nordby et al trustees. In my absence please consider these comments. As residential property owners immediately across Beard Avenue from these two lots, my neighbors and I are concerned about the potential impact on the livability and value of our property from a nearly 40,000 square foot commercial parking lot across the street. Up until May 2002 these vacant lots were quite pleasant covered with large trees and grass. Before a permit is issued for completing parking lot construction we ask that the City review the proposed project's compliance with all applicable ordinances and ask that the following concerns and solutions be taken into consideration. Sight / Sound Impact • Now that there is no more natural plant or tree growth on these lots to act as a buffer, the noise and headlights of commercial traffic along Brooklyn Boulevard, early morning casket delivery trucks, and Evans Nordby patron traffic all make living in our homes less pleasant. With construction of a parking lot, we ask the City to require that adequate screening and noise buffering be installed along the Beard Avenue side of the entire Evans - Nordby business property. We feel that to be effective any form of screening must extend six to eight feet above the parking lot grade. We prefer natural barriers such as an earthen ridge with grass and coniferous trees planted on top, similar to what is in place across the street from Mayor Kragness's home on the Rainbow Food property. Wood fences tend to quickly deteriorate, fall into disrepair, make easy targets for graffiti vandals and soon become unsightly, so are not preferred. Traffic Flow Impact Since the paving of these lots last fall, we have noticed some cars driving from the funeral home parking lot across to the adjacent apartment building parking lot and exiting on to Beard Avenue. Please do not permit a design that allows access to this parking lot from Beard Avenue. It would increase commercial traffic on what is primarily a residential street and create a hazard for pedestrians including children from the adjacent apartment complex and homes. We prefer that existing curb cuts on Brooklyn Boulevard be used as the primary access points permitted for the new parking lot. A barrier is needed along the north side of the Evans • • Nordby parking lot to prevent motorized traffic flow to or from the apartment building. Even with the expanded parking, some Evans Nordby patrons have been still parking on Beard Avenue. Please consider posting signs along Beard Ave prohibiting funeral home parking. Storm Water Drainage Impact With the premature paving of these lots, nearly two feet of elevation has been removed along the Beard Avenue side of these lots. As a result water has been draining from the parking lot directly onto Beard Avenue since last fall and has caused unsightly street boulevard erosion and may be overwhelming the 61 st Ave storm sewer line which is already handling the adjacent apartment complex drainage. We prefer that alternative storm water drainage solutions be considered including redirecting some drainage to 60 Ave or Brooklyn Blvd. City engineers may have suggestions. Thank you for taking these citizen concerns into consideration during the permit issuing pro 7o // 7oZ - Mark Yeli • 6018 Beard Ave N Brooklyn Center, MN 55429 (x) 763 -561 -5596 (W) 612 - 348 -7854 2 • City Council Agenda Item No. 8b • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning S cialist / . (it . IJ Subject: City Council Consideration Item - Planning Commission Application No. 2003- 009 Date: June 4, 2003 On the June 9, 2003 City Council Agenda is Planning Commission Application No. 2003 -009 submitted by Lanel Crossing Limited Partnership requesting Site and Building Plan approval to construct a 19,070 sq. ft. two -story addition to the existing apartment building located at 6201 Lilac Drive North Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2003 -009 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the • Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their May 29, 2003 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. Application Filed on 5 -13 -03 City Council Action Should Be Taken By 7 -12 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -009 Applicant: Lanel Crossings Limited Partnership Location: 6201 Lilac Drive North Request: Site and Building Plan Approval The applicant, Paul Brewer on behalf of Lariel Crossing Limited Partnership, is seeking site and building plan approval for a 19,070 sq. ft., two story addition to the existing "Crossings and Brookwood" apartment building located at 6201 Lilac Drive North. The property in uestion is zoned R -6 (Multiple Family Residence and is bounded on the north q ( p Y ) b R -3 zoned roe containing t Y property rtY g ownhomes; on the east b Lilac Drive North with single Y g family homes and a church on the opposite side of the street; on the south by a second building in the Crossing at Brookwood complex addressed 6125 Lilac Drive North; and on the west by T. H. 100 and its interchange with 194. Multiple family residences of four and five stories in height at a maximum density of 2,200 sq. ft. of land per dwelling unit are a permitted use in this zoning district. • The applicant's proposal is to add the two story addition over an existing open patio area and underground parking garage located on the south side of the building. They would remodel some of the existing space and create eight new apartment units on the site. An existing craft room and a billiard and exercise room would be converted into two apartment units with a new community room exercise room, billiard room beau salon restrooms and storage area being beauty g g created on the first floor. The second floor would contain six new apartments units and a possible general store for tenants. R A CK CTR OT TNT) The Crossings at Brookwood was approved by the City Council as the Brookwood development in 1983. It comprehended two senior apartment buildings, one of which was to be a condominium building, and 32 townhomes. The City ouncil approval involved a rezoning ty rr g of a portion of the property from R -3 to R -6 to accommodate the two senior apartment buildings. It was at that time that the City also approved the closing off of Lilac Drive North at Fremont and 62 Avenues. The building under consideration in this application is no longer a condominium and is operated as for rent senior housing like the building to the south at 6125 Lilac Drive North. AC'.C:R44/PARKTNC'T The applicant, under a separate proposal, will be requesting the city to reestablish a connection of Lilac Drive North at Fremont and 62 Avenues as, is shown on the applicant's lan. The P • 5 -29 -03 Page 1 • applicant has been advised to hold a neighborhood meeting to discuss such an opening and approach the City Council to seek such an approval. Comments regarding such an opening have been directed to the police, fire and street departments. It is assumed that any costs associated with the street opening would be the responsibility of this applicant who is requesting the reopening. The applicant intends to o ahead with his plans for this proposed expansion regardless of PP g n P p p p whether the roadway is opened or not. A new access to a newly proposed 12 stall parking lot would be located off Lilac Drive. Parking for a multiple family dwelling is two stalls per dwelling unit. An additional 16 spaces are required with the eight new units. The existing parking plan includes 31 surface spaces and 75 underground and under building parking spaces. The 1983 plan showed 40 additional spaces as a proof of parking on the site. The existing parking and proof of parking in addition to the 12 new spaces and seven more proof of parking spaces provide sufficient parking to meet the zoning ordinance requirements. DENSTTY The Zoning Ordinance requires 2,200 sq. ft. of land per dwelling unit in an R -6 multiple family zone. This site is 3.88 acres (169,198 sq. ft.). Eighty -one dwelling units are required to have 178,200 sq. ft. of land. The applicant proposes to meet the Zoning Ordinance density requirements by utilizing the provision contained in Section 35 -400, Subdivision lb, which • allows the total minimum land area to be reduced by 500 sq. ft. for each required parking stall in or under a multiple residence. They have a total of 75 underground or under building parking spaces, which allows the minimum land area to be reduced by 37,500 sq. ft. Their proposal with the expansion, therefore, would meet the Zoning Ordinance density requirement. G-R ADINGIDR ATNA CTF./i JTIT.TTTFIR The applicant is proposing no significant changes with respect to grading, drainage and utilities. It is my understanding that no Watershed Management Commission review is required. The new parking lot on the south portion of the site will have to be tied into existing storm sewer and must be bound by B -612 curb and gutter. The Director of Public Works /City Engineer is reviewing the plans and his written comments will be forwarded to the Planning Commission for consideration. As was mentioned previously, the City Council will ultimately consider the applicant's request to open the Lilac Drive North/Fremont Avenue roadway. T.ANMSC'.APTNCT We have requested the applicant to provide us with an analysis of the existing landscaping. Based on the point system used by the Planning Commission for evaluating landscape plans, this site is required to have 321 landscape points. The applicant has indicated that they are 22 points • 5 -29 -03 Page 2 L • short of the required total.. The landscape plan shows the addition of ten shrubs which is only five additional landscape points. Forty-four shrubs would need to be added to bring their landscape point total to 321. RT M .DTNCT As previously indicated, the building addition is to the south side of the building and will be constructed over an existing patio and underground garage area. The addition will be two stories in height and contain vinyl siding with brick around the lower level. The roof will be asphalt shingles and the exterior will match the existing as close as possible. There are no plans indicating change in lighting or trash containers. The proposed addition is considered a permitted use requiring site and building plan approval only. No public hearing is required, therefore, no notices of the Planning Commission's consideration have been sent. RECOMMEND 4TON For the most part the plans appear to be in order and approval is recommended subject to at least • the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of building permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates, shall be submitted prior to the issuance of building permits to assure the completion of site improvements. 4. The applicant shall submit an as-built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 5. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 6. A landscape plan shall be submitted indicating the type and number of additional plantings to be provided to meet the landscape point system requirement of 321 landscape points. • 5 -29 -03 Page 3 • 7. B -612 curb. and gutter shall be provided around the new parking facility. 8. 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Na IMJflr w1 1!!f!N x b w w,Inall ! /wl « >•q I L R ^<+L.` . — - r / s 6pll •.N. dM N W [wrlw «, [[ o [«[4u[M wl«nan «, [lun uw « Uf 1 f1M 1 rvv :[ :ji ;:: T ^. �� ? . � ♦ � � � a fV\,a • . : '> � S """ ' N^ 1 • Ti riAU r'— b[ m. e.,,m N LN htz InYG r. J... ^ ! • A i S ' I [ . elV. " j ,[ T • • IA C..L Fw- � � ^_ • m0 `lry . � I 0 /'AY i L y, 7�� ` > � 6 1[i j. 47 , �� �/ LMAYi - Rr wrrAr r«y Iw:w,w a'wNr &maw . _ ``' . <..•iFV- ' . .� �(6:� ,I 'v ',� F., m. N.na.r Rw a..... rNw n...• F[G «w. c«..,,,.x �:tE:. _ - .- . �, • . «.'a•.�w `b 1E Y.;"� . +7`'.:% .'.. f v V-.i .�• ' 1 r S �� V 151=1 MUM ;:•I+- , .?•. ... ...'/ c b LPcO� Lt r nwf » NN mxx.an r f mnw sNept n„pl w ww wp[wl n«I APARTMENT it (LOT 1 BLOCK I)' c <:_,• SEE SHEET 2- OF 3 �• G NN nr.n::.n .f � R � � f ffA p • / .! , � C � , F rt, LYr t - A.P. f.MAG[ 014oV^t y �i S0.0W Y. I Y erw,w ne a..vµry ;� yy 1 � ♦ WI,Mr s ew 24� ;� 1 a r / iy W o 01 rf1lAl lTAtls 1 t. </fv s .•. <rr 6'�/ vw.lv�.ver rrrr•..� ! 4 i I ILnF,me �L • �a our <e>Y� / � v • wYYrG.o vlctlaT>•GIF: 9 w !Y o i T ;� a Ir o n ;• .. �pR rc o I k l ` Q} LL I rrr; - xAlcrrlcN.lYrfFT s� N m W ? 1 Q frY O ' Sr1EETM0. F - _ _ • _ � � � • pY.�L.IT l°r a tOx 1. wWHL°° a[>•°[KL) — — `�� !! -f KYIR[ O W L.11IM6 a-srw. A II hnaK iTffnTfffTN h+saa rN1 • 1 ♦ ' .m U I11 -• � • �� a+•'F0 � 6 fW/ am �i�a MY �� "�°wrr ro a Krw°RLS wro t IN.» r4r9r'uS / A � ( I�M�r[L •) � L Ke YYII101� [041! ftMIOL, '�� ; ^� AA \ [ 11 L )��� rlf l. 01f . q � p +. ° i��.r suL[.o / / �+ Latse s wtw[ rNRT nReS tnerer J b i/ � / j ¢ I f LL � ae -c u w [tan eusYa .oat R e4a Kri¢xr wat 62nd Ave. N •L[, >P -a «e.wn as -a I I % <da ��i a nTMa ais rNaai e.00 -a Lw < 8 1 4 •^.;��.'�,- .;.. '!+�°r °K '�" � � e "L. [s A fc aa4a w ua,i» s,. e �i ( ini ° fnLn u4 f . tkL l / , ras x rev°sa . u°n room . [ . n sru KON40 [ g n fa4[r -r remr a r"aau nraa ae, I' . \ _ � '� D �� ria L[fi •ion _�a�� �N w[u ic� . \ torsos / er +a �a ►f75iAS� A Kt f!- wi ac North Lfiae OR ' 1 SITE PLAN THE C R O S S I N S AT B R O O K W O O D • 9"-My" Mkwmota • UtdT SCHEDULE J S 1 1 \ MT VE$CWP Apq I Na I ntti ` Ell - 1 1 wt'Y @ v. .g laei t rw, t I �1 � i�t Y�MM t _ . � r A At4 wn [[ol• [ I V V � mn[ m.l>• wn n F Y •aam Her n•w .mew [e•.[ [nna uaoaw[a e•o.¢ !'� .ore •yaw :ma now mew E•otm Qf HR.111 HIET HRAN HIIHr FIRST FLOOR PLAN SECOND FLOOR PLAN I'M71 [...n 0 mew • T HE C R O S SIN GS te B R O O R W O O D Brooklyn a r Y L s m m m m m m m m m m m m m m m m ; •�.p>N�..�Stl m m m m 44 1 mm mm fl SOUTH ELEVATION EAST ELEVATION T H E C R O S S I N G S T B R O O K W OO D • tkooldyn Cmk2ta • The C ross i n g S @ Brookwood Landscaping Point System +Shade Trees 17 Total Plantings 54% of Points 157 Points Awarder Coniferous Treesl9 Total Plantings 36% of Points 114 Points Awarder Shrubs 55 Total Plantings 9% of Points 27.5 Points AwardE Decorative Trees 1 Total Planting 1 % of Points 1.5 Points Allowed C MN am CE _ smev 2A�� a .,� ►`': �tQ' PARCEL a .M.M V 11 a ��r^ • ' N t• ' ` '7` `• WAU • - � �^ o ' ���"�+ � ' °¢� ���``( � � • �� r h '! • X �� "� •„ bl' / AS y a MEN T PROPERTY BLOCK l) S 1EET 2 OF 3 / �. p F r i 10# ' AREA PAM W 62" Aw 1 ; A I.T. POLE LT. POLL l� I i 01 G ARAGE `. \ 2 ; Low 1 f S• iN 6 "Or 321.30 Points Deeded 300 Poi o nts Awarded 22 Points will be added Proposed New Landscape Plantings e Shrubs 10 additional plantings t \• — — — - — TI?1 rT \`a a ->twr Nlpaa� a Erma v Lr cs■we YRaw ' O � A IBM. M� ♦ wmornr Y7A W wouE: P"W SIYeAE Mw �`{�, _ v z EromL to Mr VJ . �-- —- �� �\ / � - CmfC.1wlf rOm1 W E Erm00 A A 11 " 7�IIawA �� W E E110CLIp W A�EWw� / / / -Oawp OWr vomL �waR wa4 No suywo aavi l R Eym(�1ID w LRl! It/fl'q�L ii / I R >e !1001! � A a - �W N'Aallpr "ARM WE WIM IIAM" RZ71(t Ive. N mr-a' IrL a tin rwcro ww, w A1GV NWkq, wOR I y: lore W-W A 011m ►rqi Kni f/-r WL M A Aap w la..ur Y E - d y / L 0000 e r / F \ -a aw"�Aa's�ua 00 —=.K= z -,' wov v rr�sc yw��us Ea�o • \ .Map NL AYOmP RNLS Q�LCb 4 i� \ �� O� A -WML awu wpm! »RNLI VOTM con ry »' A We W Nor" LLoc DR SM PLAN 1 T H E C R O S S I N G S A T B R O O H W O O D * Ceaw, Mbneso , This additional planting schedule will meet the city requirements. 3.884 acres 2 acres @ 90 + 1.884 acres @ 75 = 321.30 points needed. Shade Trees 20 (58 %) 200 Points 173.5 Allowable Points Coniferous Trees 19 (33 %) 114 Points All Allowable Decorative Trees 1 (1 %) 1.5 Points All Allowable Shrubs 65(9%) 32.5 Points All Allowable i Total Points 347 Allowable Points 321.50 • t. mum land area shall apply to each dwelling unit 1 Inthe case of residentialuses t follows: and shall be computed and adj 250 square feet per land area required per unit shall be reduced by 10 percent of the a . The m i n imum land and no more efficiency unit in a multiple family units in such a dwelling may be efficiency units. d 500 s quare feet for each be reduce um land area may completely b, The required total minim park stall in or under a multiple residence or otherwise comp Y -required p g underground. feet for each The req le family dwelling unit, and no more aired total minimum land area shall be increased 25 square alt c• one multiple two o in any a more than bedroom in excess the multiple dwelling shall bav t 10 percent of the units in any bedrooms. con t e mplated in R3, R4, R5 � R6 or R7 Land Use Distracts, . d. Where development is may be reduced, � hereinafter provided, the minimum land area per dwelling unit • Council that the following standards have been met: upon a�finding by. the City is in a section of the City which h is in need of 1, The proposed development • public open space facilities. ..� ness to convey lauds to the 2. The property owner has demonstrated a willing City for public open space purposes. . The physical relationship between the buildings within the proposed 3. P en space are e a afford to the occupants e development and the proposed op onable measure of visual relief from the mass and bulk of thereof a real b within the development- the proposed relationship among the buildings within of visual 4. The physical thereof a reasonable measure development afford t occup fe buildings development. relief from the mass the proposed between the buildings within 5 The physical relationship en space. area afford to the occupants development and the Proposed op thereof a reasonably p recreational area. City Ordinance 3 5 -52 rookl City of B n Center Y e MEMORANDUM DATE: May 23, 2003 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works SUBJECT: The Crossings at Brookwood Preliminary plans for the proposed improvements to The Crossings at Brookwood were reviewed for engineering and utility issues. The following plan sheets were submitted to the Public Works Department for review. 1. ALTA/ACSM Survey, dated April 23, 2003. 2. Preliminary Site Plan, received May 14, 2003 3. First and Second Floor Plan, received May 14, 2003 4. South and East Elevation Plan, received May 14, 2003 • The following comments are provided for your consideration. Water and Sanitary Sewer Service The owner has indicated that public water and sanitary sewer service to the proposed building expansion area will be provided through the existing service lines extending into the property. A utility plan was not included with the submittal documents. The Owner should contact the City Fire Chief to discuss if additional hydrants are needed within the site due to the proposed building expansion. Street and Driveway Construction The preliminary plans include modifications to Freemont Avenue adjacent to the project area. The Owner has requested that the City consider the reconnection of Freemont Avenue with North Lilac Drive near 62n Avenue. These streets were disconnected during the mid 1980s with the development of the adjacent apartment buildings. The streets were disconnected at the request of residents in the area to avoid high speed traffic along North Lilac Drive. The segment of Humboldt Avenue between 59` Avenue and 60 Avenue was recently vacated for the reconstruction of the Earle Brown School. The removal of this portion of Humboldt Avenue will significantly reduce the potential for traffic to use this segment of Lilac Drive as a short cut between collector streets in the area. • G:\Depts\Public Works\Engineering \Development & Planning \Crossing Brookwood\Prelim Site Plan Review.doc 1. Modifications to Freemont Avenue within the ublic right-of-way will e p b considered independently from the proposed building and parking lot modifications currently under consideration. The City may require adjustments to the entrance for the proposed parking lot based on potential modifications to Freemont Avenue. 2. The Owner has indicated that they will be conducting a neighborhood meeting with residents in the area to discuss the proposed street reconnection. The neighborhood meeting will be conducted prior to requesting City Council consideration of the street reconnection. 3. A summary of the proposed street modification has been forwarded to City Police and Fire Departments for review and comment. 4. A Driveway and Utility Service permit will be required prior to construction of the proposed parking lot. Storm Water Management The proposed building expansion is located over the existing parking garage structure. Therefore, the building construction does not substantially increase the impervious surface for this site. The proposed parking lot construction will add approximately 6,300 square feet of • impervious surface to the site. 1. The final site plan for the proposed parking lot shall include finished grades for the proposed pavements, proposed drainage improvements, and connection into the existing storm drainage system. Provisions should be added to utilize on -site infiltration for the storm water runoff from the proposed parking lot. The final plans shall be submitted to the City for review. 2. The owner will need to submit a grading and erosion control plan to the City for review prior to initiating grading on the site. • G :\Depts\Public Works \Engineering \Development & Planning \Crossing Brookwood\Prelim Site Plan Review.doc • 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 MAY 29, 2003 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Dianne Reem, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Rahn was absent and unexcused. APPROVAL OF MINUTES — Mav 15, 2003 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the May 15, 2003 meeting as submitted. The motion passed. Commissioner Erdmann and Whitehead abstained as they were not at the meeting. • CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2003 -008 NOR -WEB LLP Chair Willson introduced Application No. 2003 -008, a request for a Special Use Permit to construct an off -site accessory parking lot for the Evans Nordby funeral home located at 600.0 Brooklyn Boulevard. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 5 -29 -03 for Application No. 2003 -008 and the Director of Public Works' memo dated 5- 23 -03, attached.) The properties under consideration are all zoned C -1 (Service /Office). The parking lot is to be located on two vacant lots north of the funeral home site. Off -site accessory parking lots are allowed in the C -1 zoning district through a special use permit. Mr. Warren further explained that the applicant's plan shows an off -site parking lot that would contain 56 parking stalls to be bound by B -612 curb and gutter and be connected to the existing parking lot serving the funeral home. Chair Willson asked if the applicant would need to remove the parking lot that was installed • without city approval prior to making the required improvements. Mr. Warren explained what Page 1 5 -29 -03 • limited demolition and the reconstruction that would need to take place to bring the site into compliance. Commissioner Boeck inquired about the location of a pedestrian walkway and handicap parking on the site. Mr. Warren responded that all handicap spaces are located close the building as required. Commissioner Reem noted the absence of lighting on the plans. Mr. Warren confirmed that no additional lighting is required on the site and added that the applicant may want to install lighting for added security. Any new lighting should be shielded in such a way as to concentrate illumination on the site. Commissioner Erdmann asked what caused the deficiency of landscape points on the plans. Mr. Warren explained that the landscape point system encourages distribution of trees, bushes and shrubs rather than just one kind of planting to meet landscape requirements. Commissioner Newman asked for clarification on the extended screening recommendation along Beard Avenue and adjacent to Brooklyn Boulevard. Mr. Warren responded that an extension of the screening along Beard to the south is recommended but not required. He added that the recommended screening adjacent to Brooklyn Boulevard would mainly cut the glare of lights for the residential property on the opposite side of Brooklyn Boulevard. • PUBLIC HEARING — APPLICATION NO. 2003 -008, There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to open the public hearing on Application No. 2003 -008, at 8:20 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Dave Anderson, of John Oliver and Associates, representing Mr. Tom Weber from Evans Nordby Funeral Home, introduced himself and explained the plan being presented for approval. Mr. Anderson described the level of activity on the site and how it affects the parking, which can be sporadic due to on/off periods with the business. He added how screening with an opaque fence along with landscaping could be effective and that they plan to comply with all of the recommendations made by the City. Commissioner Boeck inquired what the applicant's plans are with the grassy area located along Brooklyn Boulevard and asked why the parking lot is not being located closer to Brooklyn Boulevard. Mr. Anderson responded that the area will be seeded for grass, shrubs will be planted and an irrigation system will be installed to allow proper maintenance of the site. He added that placing the parking lot where it is being proposed, lines it up with the south parking lot avoiding an unnatural jog when the parking lots are combined. Commissioner Boeck asked the applicant the reason for not combining the three lots into one. Mr. Tom Webber responded that he would like to refer the question to legal counsel who is not present at the meeting. Commissioner Boeck further asked Mr. Warren about requirements to combine the lots. Mr. Warren responded that he would consider the combining of the two Page 2 5 -29 -03 • northerly lots as a minimum requirement of the Zoning Ordinance but it may not be necessary at this time to combine the three lots into one. He suggested a Condition No. 11 be added to state that a, "Cross access easement agreement be developed between the two properties. ". Patti Yelich, 6018 Beard Avenue North, stated she would like to see a berm along Beard Avenue to provide additional screening from noise and lights like the one on the Rainbow property. She added she feels that a 5 ft. fence will not provide adequate screening to the residential property along Beard Avenue North. Mr. Warren responded that requiring a berm on the site along with fencing and landscaping might be excessive for the site. He noted that the Rainbow property had surplus dirt due to ponds being dug to meet Watershed requirements. This excess dirt allowed berms to be constructed. He added there is no excess dirt on the site for berms. Ms. Yelich stated her concern about drainage on the site spilling over onto Beard Avenue North. Mr. Warren responded that the City Engineer had addressed the drainage issue. Mr. Anderson stated that while the fence is 5 ft. in height, the top of the fence be at 6 -%2 ft. to 8 ft. from street level. Melissa Person, 6006 Beard Avenue North, stated that they would like the screening extended to the south end of the parking lot along Beard to provide screening from their home. She added that there is a problem with funeral home business parking on the residential street and she would like to see "no parking" signs posted. Mrs. Pat LaBelle, 3319 61" Ave N, a 37 year resident, stated that she is disappointed that Evans Nordby never communicated to the neighbors what was taking place on this site with the parking lot. She added that it is a very busy place and there is not enough parking. She would like to see a berm added to the site for screening. No other persons from the public appeared before the Commission during the public hearing on Application No. 2003 -008. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Reem, to close the public hearing on Application No. 2003 -008, at 9:00 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Newman made a recommendation to remove Condition No. 9c, which requires extending the screening to the south of the parking lot. There was further discussion by the Commissioners regarding screening and landscaping. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO.2003 -008 — NOR -WEB- LLP • There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to recommend to the City Council that it approve Application No. 2003 -008, submitted by Nor - Page 3 5 -29 -03 • Web LLP for a special use permit to construct an off -site accessory parking lot for the Evans Nordby funeral home located at 6000 Brooklyn Boulevard subject to the following conditions: 1. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits for the final construction of the off site parking lot. 2. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits for the parking lot. 3. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 4. B -612 curb and gutter shall be provided around all parking and driving areas as required by the City Engineer. 5. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 6. A special use permit is granted for an off site accessory parking lot serving the Evans Nordby Funeral Home consistent with Section 35 -701, Subdivision 3a — • 3g. Any expansion or alteration of this plan not comprehended by the Zoning Ordinance or this plan shall require an amendment to this special use permit. 7. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 8. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 9. The approved plans shall be modified to provide: a. Concrete delineator /protectors at the north end of the row of parking and along the south side of the driveway leading to Brooklyn Boulevard. b. Extended board on board fencing to the south to include the existing Evans Nordby lot. c. Landscape screening of the parking lot from the residential property on the opposite side of Brooklyn Boulevard. d. Changes to coincide with the recommendations of the Director of Public Works /City Engineer. e. Parallel parking spaces at the north end of the lot of 24 ft. in length rather than 20 ft. • 10. The applicant shall within one year of the date of the approval of this special use permit replat the two existing parcels identified as That part of Lot 40, Auditor's Page 4 5 -29 -03 • Subdivision No. 216, Hennepin County, Minnesota, lying North of the South 613.12 feet thereof, Together with the North 76.64 feet of the South 613.12 feet of Lot 40, Auditor's Subdivision No. 216, Hennepin County, Minnesota into a single parcel to be in compliance with Section 35 -540 of the Zoning Ordinance. 11. A cross access and parking agreement in a form approved by the City Attorney shall be developed between the off site accessory parking lot and the existing funeral home property to be filed with the titles to the properties at Hennepin County. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem and Whitehead. The motion passed unanimously. The Council will consider the application at its June 9, 2003 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. APPLICATION NO. - 2003 -009 — PAUL BREWER ON BEHALF OF LANEL CROSSING LIMITED PARTNERSHIP Chair Willson introduced Application No. 2003 -009, a request from Paul Brewer on behalf of Lanel Crossing Limited Partnership for site -and building plan approval to construct a 19,070 sq. ft., two story addition to the existing apartment building located at 6201 Lilac Drive North. Mr. Warren presented the staff report describing the location of the property under consideration and the proposal. (See Planning Commission Information Sheet dated 5 -29 -03 for Application No. 2003 -006 and the Director of Public Works' memo dated 5- 23 -03, attached.) The property in question is zoned R -6 (Multiple Family Residence) and contains two senior housing buildings. The applicant proposes a two -story addition and remodeling of existing space to create eight new apartment units and a new community room, exercise room, office, billiard room, beauty salon, restrooms, and storage area. Commissioner Boeck asked the applicant about his intent to open the road and bare the cost of such. Mr. Paul Brewer, the applicant, responded that he has had a conversation with the City Manager and plans to work out an agreement with the City. Mr. Brewer explained that this is a secure senior only building and any services or functions available on site are for tenants only. ACTION TO REOCOMMEND APPROVAL OF APPLICATION NO. 2003 -009 — PAUL BREWER ON BEHALF OF LANEL CROSSING LIMITED PARTNERSHIP There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to recommend to the City Council that is approve Application No. 2003 -009, submitted by Paul Brewer on behalf of Lanel Crossing Limited Partnership for site and building plan approval to construct a 19,070 sq. ft., two story addition to the existing apartment building located at 6201 Lilac Drive North subject to the following conditions: • Page 5 5 -29 -03 • 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of building permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates, shall be submitted prior to the issuance of building permits to assure the completion of site improvements. 4. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 5. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 6. B -612 curb and gutter shall be provided around the new parking facility. 7. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. Voting in favor: Chair Willson, Commissioners, Boeck, Erdmann, Newman, Reem and • Whitehead. The Council will consider the application at its June 9, 2003, meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:45 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 6 5 -29 -03 • City Council Agenda Item No. 9a • PROCLAMATION DECLARING JUNE 20, 2003, AS NATIONAL SMALL CITIES AND TOWNS DAY WHEREAS, small cities and towns under 50,000 population constitute the vast majority of municipalities across the United States providing opportunities which allow millions of people across America to lead better lives; and WHEREAS, small cities and towns invest in their communities through the provision of services and programs which improve the quality of life for all citizens; and WHEREAS, the Federal and State Governments are partners in investing in small cities and towns, and must be encouraged to continue to support programs and Legislation to strengthen communities; and WHEREAS, organizations, businesses, and citizens are partners in investing in small cities and towns, and must be encouraged to continue to support efforts that make their communities better places in which to live; and WHEREAS, the Board of Directors and the Small Cities Council of the National League of Cities have declared June 20, 2003, as National Small Cities and Towns Day; and • NOW THEREFORE I AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim June 20, 2003, as National Small Cities and Towns Day and encourages President Bush, Congress, State Governments, organizations, businesses, and all citizens to recognize this event, and to work together on this day and throughout the year to invest in small cities and towns to better the lives of all citizens. Date Mayor ATTEST: City Clerk • 19:00 05/14/03 To: Myrna Kragness Fax #: 17635693494 Page 1 of 7 I • May 14, 2003 Dear Colleague: On behalf of the National League of Cities and, in particular, the NLC Small Cities Council (SCC), we invite you to participate in a national event to recognize the importance of America's small cities and towns. NLC has declared June 20. 2003, as National Small Cities and Towns Day. It is our hope that small cities and towns across the country will schedule an event on this day to call attention to their efforts to build partnerships with the federal government and demonstrate homer federal investment has made a difference to its citizens and the community as a whole. This attached material provides you with a few simple tools to help you visibly demonstrate the important role America's small cities and towns play in the lives of so many residents. We encourage you to adopt a city resolution, convene a press conference, or provide a tour to showcase a particular program or service that demonstrates how federal investment works in your community. To many observers, New Haven, CT and Watertown, SD have little in common. Yet, the citizens of both communities benefit from a strong federal -local partnership. We, as elected officials, know how federal investment in our respective cities has made a difference, be it in • the form of affordable housing, additional police on the street, or other programs, and we know the importance of having this partnership continue. Join us in this important NLC effort to recognize the value of investing in America's small cities and towns. Sincerely, John DeStefano, Jr. Brenda Barger President Chair, Small Cities Council Mayor, New Haven, Connecticut Mayor, Watertown, South Dakota • 19: 05/14/03 To: Myrna Kragness Fax #: 17635693494 Page 2 of 7 • National League of Cities National Small Cities and Towns Day June 20, 2003 COUNT US IN. The National League of Cities (NLC) has declared June 20, 2003, National Small Cities and Towns Dav- to call attention to the issues and concerns facing America's smaller communities. The focus this year is on building partnerships with the federal government, and encouraging federal investment in small cities and towns to build strong communities. NLC is asking that small cities and towns across the country declare June 20. 2003. as National Small Cities and Towns Dav and carry out any or all of the following activities: 1. Issue a proclamation that highlights the importance of investment in small • communities; 2. Issue a press release that describes a successful federal -local partnership that has made your community stronger; 3. Increase awareness of the National Small Cities and Towns Day through local broadcast and cable television media; 4. Hold a ress event in our community P y at noon (EST) on June 20 to call attention to the important role small communities play in America's future and to highlight the results of a successful . ro ram in our city. P g Y Y Please use the enclosed confirmation form to let us know what you will be doing on June 20 so that your plans can be included when Small Cities Council Chair Brenda Barger launches National Small Cities and Towns Dav in Watertown, South Dakota. 19:00 05/14/03 To: Myrna Kragness Fax 4: 17635693494 Page 3 of 7 National League of Cities National Small Cities and Towns Day June 20, 2003 COUNT US IN! Yes. My community will participate in National Small Cities and Towns Day We plan to: Issue a Proclamation Issue a Press Release Hold a Press Conference at noon EST on June 20 • Other lease describe Here is an example of a successful federal -local partnership in our community: Please return the completed form no later than June 4. 2003. to Cy Sehrooai at fax: 202 - 626 -3043 or behrrooai cvnlc Thank you for tour narticirration in Nationa Small Cities and Towns Dav! i 19:00 05/14/03 To: Myrna Kragness Fax 4: 17635693494 Page 4 of 7 . S,.I... a National leaguc of Cities . W For Immediate Release For Information Contact: May 1, 2003 Michael Rememer (202) 626 -3003 John Pionke (202) 626 -3051 Watertown SD Site of Third Annual "National Small Cities and Towns Day" Elected Officials to Discuss Homeland Security/ Other Issues Facing Small Cities Watertown, S.D. --- - - - - -- Mayor Brenda Barger of Watertown, S.D. will host the 3rd annual National Small Cities and Towns Day, holding a press conference at noon (eastern time) on June 20, 2003, to kick off the event. Barger, who chairs the National League of Cities (NLC) Small Cities Council, has asked the leaders of small cities across the country to join her in drawing attention to the importance of investing in the nation's • smaller communities through a renewed partnership with the federal government. Homeland security is an important focus of the day. "During these challenging times in our history, our constituents look to us to provide safety, security, and a sense of confidence in our American way of life," Barger said. "And we've been responding to these unique needs consistently through collaboration, creativity, and innovation." The event will highlight local- federal partnerships that make small cities and towns safer and stronger communities in which to live. NLC President New Haven Mayor John DeStefano, Jr. commended the efforts of small community leaders. "I join in celebrating the accomplishments of our small cities and towns which have taken on many new responsibilities with limited budgets, very small staffs, and decreasing state and federal aid," DeStefano said. NLC's Small Cities Council represents the interests of small cities and towns throughout the nation. Of the nearly 20,000 municipal governments in America, 94 percent have populations less than 25,000 and 87 per cent have populations less than 10,000. • II� 19;00 05/14/03 To: Myrna Kragness Fax 4: 17635693494 Page 5 of 7 • The National League of Cities is the oldest and largest national organization for American cities. NLC serves as a resource and advocate for 18,000 cities, towns and villages of all sizes, from New York City to Bee Cave, Texas, which collectively serve 225 million people. Visit t4 ww.nIc org. For more news and information about NLC and local government, visit our Internet Website - httD:/ /www.nlq.orq • • 19,:00 05/14/03 To: Myrna Kragness Fax #: 17635693494 Page 6 of 7 • (PRINT ON YOUR CITY S LET'T'ERHEAD) For Immediate Release For Information Contact: (Date) (List your local contact) (City Name) Declares June 20 "National Small Cities and Towns Day" Meeting in Watertown, SD focused on Issues affecting the Nation's Small Cities Mayor (name), of (city and state), joined small cities across America in proclaiming June 20 the Third Annual "National Small Cities and Towns Day," drawing attention to the importance and many accomplishments of small cities and their efforts to forge new partnerships with the federal government in areas such as homeland security. The event was officially kicked off in Watertown, South Dakota, by Mayor Brenda • Barger during a meeting sponsored by the National League of Cities (NLC). ":Vlore than 95 percent of all municipalities in this country are small cities and towns like (city), with populations less than 50,000," (name) said. "It is these communities that are responsible for providing a wide range of services and programs to meet the needs of their citizens. Today we celebrate our successes and commit ourselves to building partnerships with the federal government to make small cities and towns even better, safer places for people to live." Small Cities and Towns Day was established to highlight the unique issues that affect smaller communities throughout the United States. The event focused on issues such as homeland security in smaller communities and federal investment in small cities and towns to provide necessary- programs and services. (Add example of how your city has benefited from federal support and programs) • City Council Agenda Item No. 9b City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmo y, Lasman, Niesen, and Peppe FROM: Michael J. McCauley DATE: June 5, 2003 SUBJECT: Rental Housing Ordinance The rental housing ordinance set for introduction at Monday night's City Council meeting reflects the direction received from the City Council in 2002 and the review of that direction by the Housing Commission. Mr. Hoffman has assembled some materials and charts to assist in reviewing the proposed ordinance. In his memorandum, Mr. Hoffman suggests the City Council may wish to change the proposed Section 12- 913.1. from .51 calls per unit to .61 calls per unit. While fees are not addressed in the ordinance, Mr. Hoffman suggests that a provisional rental license fee be twice the normal rental license fee. • 10 301 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 CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 14` day of July 2003, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 12 creating a provisional rental license. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 763 -569 -3303 to make arrangements. ORDINANCE NO. AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 is hereby amended to add new section 12 -900 as follows: Section 12 -900. PURPOSE. It is the Pumose of this section to assure that rental housing in the city is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterorise that entails certain responsibilities. • Operators are responsible to take such reasonable steps as are necessary to assure that the citizens of the city who occupy such units may pursue the quiet eniovment of the normal activities of life in surroundings that are: safe. secure and sanitary, free from noise, nuisances or annoyances; free from unreasonable fears about safety of persons and security of property; and suitable for raising children. Section 2. Section 12 -901 of Chapter 12 is hereby amended as follows: Section 12 -901. LICENSING OF RENTAL UNITS. 1. License Required. No person shall operate a rental dwelling without first having btained g a license to do so from the City of Brooklyn Center as hereinafter provided. There shall be two tvpes of licenses: regular and provisional. [Each such operating license shall be issued biennially and shall expire on the anniversary date of issuance.] Provisional licenses are defined in Section 12 -913. 2. License Term. Regular licenses will be issued for a period of two years. Provisional licenses will be issued for a period of six months. All licenses„ regular and Provisional, will be reviewed every six months after the beginning of the license term to determine the license status. • ORDINANCE NO. • 3. License Renewal. License renewals shall be filed at least 90 days prior to license expiration date. Within two weeks of receipt of a complete application and of the license fee required by Section 12 -902, the Compliance Official shall schedule an inspection. No application for an initial or renewal license shall be submitted to the city council until the Compliance Official has determined that all life, health safety violations or discrepancies have been corrected. Section 3. Section 12 -910 of Chapter 12 is hereby amended as follows: Section 12 -910. LICENSE SUSPENSION [OR], REVOCATION. DENIAL AND NON - RENEWAL. 1. Every [operating] license issued under the provisions of this Chapter is subject to suspension or revocation by the City Council. 2. In the event that a[n] [operating] license is suspended or revoked by the City Council, it shall be unlawful for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid [operating] license may be restored by the City Council. • 3. Any person violating this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together with costs of prosecution. Each day of each violation shall constitute a separate punishable offense. 4. The Council may revoke, suspend or decline to renew any license issued under this Chapter upon any of the following grounds: a. false statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. b. failure to pay any application, penalty, reinspection or reinstatement fee required by this Chapter and City Council resolution. C. failure to correct deficiencies noted in notices of violation in the time specified in the notice. d. [any other violation of this Chapter.] failure to comply with the provisions of an an_ proved mitigation plan in the case of • provisional licenses. ORDINANCE NO. • e. failure to operate or maintain the licensed premises in conformity with all applicable state laws and codes and this Code of Ordinances. f. any other violation of this Chatter. [2] 5. Revocation, suspension and non - renewal may be brought under either this Section or Section 12 -911, or both. [3.] 6. A regular license may be revoked at the end of anv six -month review Period, as described in section 12- 901(2) or at the end of the two -vear term upon a finding that the licensed Premises are only eligible for a Provisional license as Provided in Section 12- 913. [4.] 7. A decision to revoke, suspend, deny or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefor and the applicant or licensee will be given an opportunity for a hearing before the City Council before final action to revoke, suspend, deny or not renew a license. The Council shall give due regard to the frequency and seriousness of • violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. [5] 8. The Council may suspend or revoke a license or not renew a license for part or all of a facility. [6] 9. Licenses may be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any conditions imposed by the City Council at the time of suspension. Licenses that are revoked will not be reinstated until the owner has applied for and secured a new license and complied with all conditions imposed at the time of revocation. Upon a decision to revoke, deny or not renew a license, no new application for the same facility will be accepted for the period of time specified in the Council's written decision, which shall not exceed one year. All new applications must be accompanied by a reinstatement fee, as specified by Council resolution, in addition to all other fees required by this Chapter. • ORDINANCE NO. • 10. A written decision to revoke, suspend, deny or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be relet or occupied. Revocation, suspension or non - renewal of a license shall not excuse the owner from compliance with all terms of state laws and codes and this Chapter for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non - renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation ' of non - renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non - renewal specified in the City Council's written decision or in paragraph 8. of this Section. Section 4. Chapter 12 is hereby amended to add new section 12 -912 as follows: Section 12 -912. NO RETALIATION. No licensee shall evict, threaten to evict or take anv other Punitive action • against anv tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity, suspected criminal activitv, suspicious occurrences or Public safetv concerns. This section shall not prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of anv rules, regulations or lease terms other than a prohibition against contacting law enforcement agencies. Section 5. Chapter 12 is hereby amended to add new section 12 -913 as follows: Section 12 -913. PROVISIONAL LICENSES. 1. Licensed multiple dwellings. with five or more units, that have generated an average of .51 or more police or fire calls Per, dwelling unit in a preceding one Year period as specified below are eligible onlv for provisional licenses. Properties with provisional licenses may aualifv for a regular license only after a one Year period with fewer than .51 police or fire calls per dwelling unit. a. Police and fire calls that are counted in determining whether a provisional license is required include the following tvpes of calls or events: • Q calls or events listed in Section 12 -911. ORDINANCE NO. • CHI calls or events categorized as part one crimes in the Uniform Crime Reporting System, including homicide. rape, robbery, aggravated assault, burglary, theft, auto theft and arson. (iii) calls or events categorized by the police department as one of the following: a) Firearms (Minn Stat. 609.66 609.67) b) Weapons /dangerous weapons (Minn Stat. 609.02 subd.6 & 609.66) City Ordinance 19- 402 C) Drug paraphernalia (Minn Stat. 152.092) d) Loud persons — City Ordinance 19 -1201 e) Gambling (Minn Stat. 609.755 & 609.76) f) Loud parties — City Ordinance 19 -1201 g) Prostitution (Minn Stat. 609.321) h) Noise — cars /dogs City Ordinance 1-110 - horns /radios — City Ordinance 19- 1201,02.03 i) Fights — City Ordinance 19 -203 • j) Drugs /narcotics and/or narcotic precursors (Minn Stat. 152.01) k) Allowing curfew /status offenses /underage drinking — City Ordinance 19- 301,19 -304 1) Disorderly conduct (Minn Stat. 609.72) m) Propertv damage — City Ordinance 19 -211 n) Assaults 5th degree non - domestic — City Ordinance 19 -204 o) Public disturbance — City Ordinance 19 -202 p) Fire alarms — City Ordinance 5 -112 q) Interference with a peace officer (Minn Stat. 609.50) r) Unlawful assembly (Minn Stat. 609.705) City Ordinance 19 -1105 S) Presence at unlawful assembly (Minn Stat. 609.175) t) Terrorist threats (Minn Stat. 609.713) u) Loitering — City Ordinance 19 -201 (iv) The City Manager may determine that multiple incidents shall be counted as a single call in appropriate cases. • ORDINANCE NO. • b. Calls will not be counted for purposes of determining whether a provisional license is reauired where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes. Section 51813.01, Subd. 2 (a). C. The period of time used to determine whether a provisional license is reauired is the twelve (12) month period ending two months before the six -month review period described in section 12- 901(2). d. The City will provide by mail to each licensee a monthly report of calls described in paragraph (1) (a) above. 2. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation Dlan shall describe steps Droposed by the aDnlicant to reduce the number of police and fire calls described in paragraph (1) (a) to a level that qualifies for a regular license. The mitigation Dlan may • include such steps as: changes in tenant screening Drocedures. changes in lease terms, security measures, rules and regulations for tenant conduct, and security Dersonnel. 3. The application with a proposed mitigation Dlan will be Dresented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the aDDlicant an opportunity to be heard and Dresent evidence, the Council shall approve, disapprove, or aDDrove with conditions the application and the mitigation plan. If the Council disaDDroves an application and mitigation Dlan or aDDroves it with conditions. it shall state its reasons for so doing in writing. In evaluating a mitigation Dlan. the Council will consider. among other things, the facility, its management practices, the nature and seriousness of causes for police and fire calls and the expected effectiveness of measures identified in the plan to reduce the number of police and fire calls. In evaluating a mitigation plan submitted by an aDDlicant already under a provisional license. the Council will also consider the effectiveness of measures identified in the aDftlicant's Drevious mitigation Dlan and the need for different or additional measures to reduce Dolice and fire calls. • ORDINANCE NO. • 4. The licensee shall comply with the mitigation elan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the ereceding month. Section 6. Chapter 12 is hereby amended to add new section 12 -914 as follows: Section 12 -914. TENANT BACKGROUND CHECKS. 1. All licensees will conduct criminal background checks on all prospective tenants. The criminal background check must include the following: (a) A statewide (Minnesota) criminal history check of all prospective tenants covering at least the last three years, the check must be done "in person" or by utilizing the most recent update of the state criminal history files; (b) A statewide criminal history check from the prospective tenant's previous state of residence if the tenant is moving directly from the previous state, (c) A criminal history check of any prospective tenant in their previous • states of residence covering the last three years if they have not resided in Minnesota for three years or longer; (d) A criminal history check of any prose_ ective tenant must be conducted in all seven counties in the metro Twin City area covering at least the last three years including all misdemeanor, gross misdemeanor, and felony convictions. 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2003. Mayor ATTEST: City Clerk Date of Publication: • Effective Date: (Underline indicates new matter; brackets indicate matter to be deleted.) MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: June 2, 2003 SUBJECT: Chapter 12 Ordinance Amendment (Rental License) Monday evening, the Council will have for a first reading an amendment to the rental licensing provision of Chapter 12. As proposed, the amendment would provide for an additional type of rental license. The Council would have the ability to issue a "provisional rental license" for apartment complexes of five (5) units of more that have excessive calls for police and/or fire service. Currently, the only course of action available to the Council is to reject the rental license application outright. It should be noted that the current ordinance does not set forth excessive • calls for service as justification for denial. There are fifty -seven (57) rental complexes of five (5) units or more located within the City of Brooklyn Center. As currently drafted, the amendment to Chapter 12 defines excessive calls for service as .51 calls per unit on an annual basis. The number is derived as the mean average number of calls for all complexes during 2002. The time period for determining the mean average for a complex is the twelve months prior to the two (2) months before the rental license expires. The calls used to create or determine the mean average are those calls a set forth in Section 12 -913 of the draft ordinance. It should be noted that the original draft of the ordinance that was reviewed by the Council used the incorrect mean average of .41 calls for service per unit. The net result of using the correct mean average is that four (4) fewer complexes would be required to have a provisional license requirement. If the ordinance were in force today, the following complexes would be required to have a provisional rental license: Brookside Manor 90 units .79 calls per unit Ewing Square 23 units .78 calls per unit • Marvin Gardens 52 units .54 calls per unit • Riverwood Estate 84 units .70 calls per unit Sommerset 36 units .81 calls per unit Sterling Square 54 units 1.61 calls per unit Summerchase 252 units 1.05 calls per unit Victoria 48 units 1.04 calls per unit 3601 47 11 units .82 calls per unit 1200 67"' 18 units 1.22 calls per unit 6101 Beard 24 units .67 calls per unit 7018 Brooklyn Boulevard 8 units .75 calls per unit 5240 Drew 11 units .82 calls per unit 5211 Xerxes 6 units .67 calls per unit. These fourteen (14) rental complexes represent approximately 25% of the complexes that would be subject to the proposed ordinance amendment. The fifty -seven (57) complexes had a total of 1,247 calls for service last that would be counted against the property. The fourteen (14) complexes listed had 673 calls for service or 56% of the total calls. If the fourteen (14) • complexes listed were in compliance with the proposed amendment, the total number of calls for service would be approximately 940 or a 25% reduction over all. These complexes would be required to submit for Council approval a mitigation plan to lower the number of calls to the acceptable level. The license would be for six (6) months at which time they would be required to report back to the Council. The Council at that time would make a decision to continue to license the property on a provisional license, approve a regular rental license or revoke the rental license for the property. During the six (6) month license period, the owner would be required to provide monthly reports progress report to the City Manager. Under Section 12 -914 of the proposed amendment, all licensees are required to conduct a criminal background check on all prospective tenants. It does not prohibit the landlord from renting to anyone but it does require the landlord to know who they are renting to. The Council might want to consider that the mean average of calls for service to these fifty -seven (57) complexes will fluctuate slightly each year. While we know the current mean average, next year it will most likely be different. If we use the 95% confidence level test we know that the mean average should fall between .33 calls and .55 calls. The Council might want • to consider changing the .51 calls per unit to .61 calls per unit. I think it would be advisable to do this because it would give the City a more defensible position if this process were challenged in • court. The Council might want to give further consideration to the provisional license fee. Properties requiring a provisional license routinely cost the City monies in the enforcement of the City's ordinances. I would recommend that the City consider doubling the fee of the regular license. Attached is flow chart of events that demonstrates how this amendment should work. Assuming a license expires 1/1/2004, the following event would have happened prior to that date as well as event that would occur following the issuance of a provisional rental license on January2, 2004. An application for renewal would be mailed to the owner on September 2, 2003. The application is due back October 1,2003 at which time building and unit inspections should be scheduled. The amendment requires a call for service report be generated from 10/31/2002 to 10/31/2003. During the month of November, the owner would be informed that their calls for service are too high and that they would only qualify for a provisional license. The owner would have the rest of November and December to prepare a mitigation plan to resolve the issues relative to their complex. Assuming the plan is acceptable to the Council, the owner would report • on the 10 of each month to the City Manager as to the progress in the implementation of the plan. On July 12,2004, the owner would report back to the Council. The Council at that time could continue the provisional license, or revoke the license. The property will not qualify for a regular rental license until it has remained in compliance for twelve (12) months. Provisional License Timeline for Rental License Ordinance Amendment 2004 Jan Feb March April May June July ? Aug Sept Oct Nov Dec 2- 10 -04* 3- 10 -04* 4- 10 -04* 5- 10 -04* 6- 10 -04* '7- 10 -04� 1 -12 -04 Council approves regular 7 -12 -04 Provisional license expires. license or reviews mitigation plan * Provisional licensee mails p or delivers progress reports Council reviews progress on mitigation and approves provisional license. on mitigation plan by the plan and renews, suspends or revokes 10` of each month. license. Six month review done on CFS if regular license was issued on 1- 12 -04. 2003 Jan Feb March April May June July Aug Sept Oct` Nov Dec 12-31-03 License 9 -2 -03 License Renewal 10 -1 -03 License 10 -31 -03 12 month Expiration Date Applications Mailed to Renewal Application period for counting Owners Due Back to the City CFS ends here. City Mitigation plan notifies applicant submitted to City by whether license is applicant if regular or provisional provisional license is necessary 2002 Jan Feb March April May June July Aug Sept Oct Nov Dec 10 -31 -2003 12 month period for counting CFS starts here. 2002 Calpor Servic (Excluding Domestics) 2 0 us rk r w ry att a s ti p;' yM 1�9�a� -� ;� 'k� 3 . �T�¢•�+a°*R1' .�. s,'.'�,;' , GG , �r @'� t„�s. k�!'v,��"p � ,�'�'i��'�°xa r °mr e� �p '.�•a"'� � � 4 . ti �'�ai1 t r�'haa ' E . '� '��� 4`'�r,kw�,•�m�'�z ��� s•��` ,�; r.; � ?.c�3�' '' Y � . �$•`a � �*5 �* ��� �' �cr .� w l•��a�p,' ��;r �� f ir- r� ' � 5 � wP�.�• � . y^ ; R �� �� & x+,�,��� "�'�� � �„� �" � '�� ���� �r 1, - .•.. w.# *gym '�'� i �, v 14 Q. 12 CL ' % c x 0 .00-.10 .11 -.20 .21 -.30 .31 -.40 .41 -.50 .51 -.60 .61 -.70 .71 -.80 .81 -.90 1.01- 1.21- 1.51- 1.61- 1.10 1.30 1.60 1.70 Calls Per Unit (12 Month Period) City of Brooklyn Center Calls for Police/Medical/Fire Service Rental Property (more than four units) 2002 - ti a �v ti � •i a . O O h •� Basswd Apts 0 0 0 0 0 0 0 0 0 0 0 0 0 11 0.00 Brookdale Manor 0 0 0 0 0 0 0 0 0 0 0 0 0 21 0.00 Brookdale Towers 1 12 2 2 1 1 0 0 0 0 0 0 19 50 0.38 Brookhaven Apt 6 10 .1 0 0 0 0 0 0 0 0 1 18 54 0.33 Brookside Manor 6 50 6 4 1 3 0 1 0 0 0 0 71 90 0.79 Carrington Drive 2 13 11 1 0 0 0 0 0 0 0 0 27 128 0.21 Crssgs at Brkwd 0 0 1 0 0 0 0 0 0 0 0 4 5 138 0.04 Earle Brown Terr 0 1 0 0 0 0 1 0 0 0 0 12 14 140 0.10 Earle Brown Farm 0 22 3 0 0 1 0 2 0 10 0 0 28 120 0.23 Evrgrn Park Mnr 01 18 2 1 0 0 0 0 1 01 0 0 22 80 0.28 Ewing Square 2 9 4 0 1 1 1 0 0 0 0 0 18 23 0.78 Garden City Ct 2 15 5 0 1 0 0 0 0 0 0 0 23 72 0.32 Georgetown Park 2 22 2 1 01 4 1 2 0 01 0 0 34 92 0.37 Humboldt Courts 0 13 2 0 1 1 0 0 01 0 0 1 0 1 0 16 36 0.44 Humboldt Square 0 1( 0 0 0 0 0 0 0 0 0 0 1 18 0.06 Lake Shore 0 1 0) 0 0 0 0 0 0 0 0 0 1 6 0.17 I Maranatha Place 0 0( 0 0 0 0 0( 0 0 0 0( 3 3 65 0.05 Marvin Gardens 3 1 161 3 0 1 1 1 1 1 01 2 1 0 1 0 1 0 1 2 1 28 52 0.54 Melrose Gates 0 9 71 01 0 2 0 01 0 0 0 0 18 217 0.08 River Glen 3 21 12 2 i 3 0 3 0 0 0 0 1 45 128 0.35 Riverwood Estate 1 47 4 0 0 2 2 2 0 1' 0 0 59 84 0.70 Shingle CrkTwr 1 8 0 0 0) 1 0 1) 0 0 0 2 13 122 0.11 Sommerset l 18 4 4) 0 1 1 0 0 0 0 0) 29 36 0.81 ... o � � h � •� .� Sterling Square 3 49 13 17 0 1 0 0 0 0 0 4 87 54 1.61 Summerchase 21 175 9 22 11 5 4 1 0 0 1 16 265 252 1.05 The Lilacs 1 7 0 0 0 0 1 1 0 0 0 0 10 22 0.45 The Pines 2 28 7 1 0 1 2 1 0 0 0 0 42 102 0.41 Twin Lake Mur 3 73 13 3 1 4 2 2 0 0 0( 0 101 310 0.33 Twin Lake North Apartments 0 13 + 2 3 2 0 0 1 0 0' 0 2 i 23 276 0.08 Unity Place 5 26 8 2 0 2 1 0 0 0 0 0 44 112 0.39 Victoria 10 14 9 5 0 0 10 0 2 0+ 01 01 501 481 1.04 Willow Lane 1 9 3 1 01 01 01 1 1 0 01 01 01 01 14' 58 1 0.24 3401,341347 01 11 21 01 11 11 01 01 01 01 01 01 5I 22 0.23 350147 0 0 0 0 0 0 0 0 0 0 0 0 0 11 0.00 351347 1 1 1 0 0 0 0 0 0 0 0 0 3� 11 0.27 360147 0 8) 0 1 0 0 0 0 0 0. 0 0 9 11 0.82 361347 + 1 1 3 0 1 1 0 0 0 0 0 0 17 11 1.55 1370147 0 0 0 0 0 0 0 0 0 0 0 0 0 11 0.00 371347 0 0 0 0 0 0 0 0 0 0 0 0 0 11 0.00 372547 0 1 0 0 0 0 0 0 0 0 0 0 1 11 0.09 120067 4 16 2) 0 0 0 0 0 0 0 0 0 22 18 1.22 4819Azelia 0 2 2 0 0 0 0 0 0 0 0 01 41 121 0.33 6101 Beard 0 9 1 4+ 1 0 1 0 0 0) 0 0 16 24 0.67 6331/6401/6425 Bd 1 5 3 3 3 0 0 0 0 0 0 0 15 36 0.42 6037 BB 0 1 0 0 0 0 0 0 0 0 0 0 1 11 0.09 7018 BB 0 I 4 I 1 I 0 I 1 I 0 I 0 I 0 I 0 I 0 I 0 0 I 6 I 8 0.75 15500 Bryant 1 1 0 0 0� 0 0 0 0 0 0 0 2 11 0.18 5240 Drew 0 8 1 0 0 0 0 0 0 0 0 0 9 11 0.82 5301 Dupont 1 2 0 0 0) 0 0) 0 0 0 0 0 3 10 0.30 4715 France 0 0 0 0 0� 0 0 0 0� 0 0� 0� 0 5 0.00 5843 Fremont 0 0 0� 0' 0 0 0 0 0 0 0 0 0 7 0.00 7230WRR 0 0 0 0 0 0 1 0 0 0 0 0 1 8 0.13 7240WRR 0 0 0 0 01 0I 0I 0 0 0 0 01 0 7 0.00 7250WRR 0 0 0 0I 0I 0 0 01 01 0 0 01 01 7I 0.00 5207 Xerxes 0 0 1 0 0 0 0 0 0 0 0 0 1 11 0.09 5209 Xerxes 0 0 0) 0 0 0' 0 0 0 0 0 0 0 10 0.00 5211 Xerxes 0 4 0 0 0 0 0 0 0 0 0 0 4 61 0.67 �l CFS Rental (more than four ul 85 774 1 150 1 76 1 30 1 32 1 32 1 16 1 3 1 1 1 1 1 47 1 1,247 1 3,318 1 0.38 Descriptive Statistics: Results Page 1 of 1 Descriptive Statistics: Results • The results of some basic statistical tests performed at 11:23 on 2 -JUN -2003. 57 data points were entered: 0.100 0.100 0.100 0.100 0.100 0.100 0.100 0.100 0.100 0.100 0.100 0.100 0.100 0.100 0.100 0.100 0.100 0.100 0.100 0.200 0.200 0.200 0.200 0.300 0.300 0.300 0.300 0.300 0.300 0.300 0.400 0.400 0.400 0.400 0.400 0.400 0.400 0.400 0.500 0.500 0.500 0.500 0.600 0.700 0.700 0.700 0.800 0.800 0.800 0.900 0.900 0.900 1.10 1.10 1.30 1.60 1.70 Mean = 0.432 95% confidence interval for actual Mean: 0.3289 thru 0.5342 Standard Deviation = 0.387 Hi = 1.70 Low = 0.100 Median = 0.300 Average Absolute Deviation from Median = 0.279 • • rehcin Pfln /r ai_hin /etatc /ectatc 6/2/20 City Council Agenda Item No. 9c Michae McCauley -Twin Lake P ark- Survey Card Page 1 From: Jim Glasoe To: Michael McCauley Date: 6/9/03 1:49PM Subject: Twin Lake Park- Survey Cards Since my June 4 memorandum regarding the Twin Lake Park shoreline project, we have had (9) additional survey cards returned. All nine are in favor of the shoreline plantings. Jim I Rec®0.vod: 6> 9/03 sc20AM; 7@355393426 •y WEMCK ASSOC.; Page 1 98/OD/03 07:47 FAX 7036930338 SASS Ooi , 1 ' MY W !�&lyy C vwr benok +i'Ceai�r, d S�#.fO -#I� Pub& wogs Dept � � �� X763} 51�7lS9 r2, 2= .• CAmakdon ' sos U4 Ifthwo ice, sui 055 , Erollo Cbmal- Ikod lop A • M 1. * ; ► of .. . yin a6ea `A ?;'st:wvnti:A Pn /Fin »n `ztrzv JjJv FqI OossV xonrann :d WATERSHED MANAGEMENT COMMISSIONS 3235 Fernbrook Lane • Plymouth, MN 55447 Telephone (612) 553 -1144 • Fax (612) 553 -9326 1 November 1, 2002 Dave McCormack DNR - Fisheries 1200 Warner Road St. Paul, MN 55106 Dear Mr. McCormack: On behalf of the Shingle Creek Watershed Management Commission, please accept this application for a Shoreline Habitat Grant for the Twin Lake Park Shoreline Restoration Project. The application requests $10,000 funding to assist in the construction of a demonstration project located on Middle Twir. Lake in Brooklyn Center. A unique feature of this proposed project is that a lake management plan is currently being developed for Twin Lake, and the proposed project would provide lakeshore residents with ahands -on shoreline restoration experience that they can then transfer to their own properties. This project includes an education component in cooperation with the Hennepin Conservation District. If you have any questions please do not hesitate to contact Ed Matthiesen of Montgomery Watson Harza, technical advisors to the Commission, at 763.595.5265. Sin rely, Tom Mathisen Chair, Shingle Creek Watershed Management Commission Cc: Commissioners Scott Brink, P.E., City of Brooklyn Center BROOKLYN CENTER.BROOKLYN AR Y PARK CREE pg AT S I.t T COUNSS WESTUISSI SSIPPIWATERSMO11ANAGEMEW OSSEO- PLYMOUTH R089iNS0RLE BROOKLYN CENTER.$ROOKLYN PARK- OMUPLIN -MAPLE GROVE -OSSEO I JUtf -99 -0 01:106 PM P -02 y`P pF �►1,yy w Minnesota Department of Natural Resi>urces V N A G ��yTOp NA1 9 May 2003 Diane Nelson Brooklyn ('enter City Council Dear Ms. Nelson: This letter is a follow up to our phone conversation on May 9 regarding the shoreline restoration project on Middle Twin Lake. From what I understand the city has concerns with the IU - landowner agreement. This landowner agreement is needed to make sure that the city is committed to having the project done on city property. What this agreement floes is give the Department of Natural Resources (DNR) assurance that the project area will be left alone for a minimum of ten years. The only obligation from the city we arc looking for is to provide some in -kind services such as waterin g p u to once a week during the first year after planting and some use of equipment such as a bobcat to spread thc'tuilch around in the planting area. If the city decided sometime within the term of this agreement that it wanted to have turf lawn or something else other than native plantings in the project area and mowed down the native plants the DNR would try to get all or a portion of the grant money back. Other than that extreme circumstance the financial responsibility of the city will be no more than maintaining this type of property as the city currently is and should be Icss. As stated above the cost to the City of Brooklyn Center is minimal, mostly the in -kind services and an area to temporarily store the plants prior to planting. Gregg Thompson front the Minnesota Soil and Water Conservation Association has agreod to supervise the planting and order all the supplies needed for the project. The Shingle Creek Watershed Commission has signed the grant agreement stating that they will direct the overall prgicct, including recruiting, training and supervising volunteers. The benefits of this shoreline restoration include: shoreline erosion protection, deters nuisance geese from feeding in the area, aesthetics, improved fish and wildlife habitat, less maintenance. This project is all opportunity to get the citizens living on or near Middle Twin Lake to be involved fil something that will help improve the water quality of the lake and also be !'esthetically pleasing. Hopefully this will also encourage people that own lakoshore property to convert sonic of their shoreline to a more natural state. DNR Inliirmaticin: 651- 296 -6157 + 1 -tgBR- 646 -6:67 • T1Y 051 -296 -5484 • 1 -N(W -657 - 3929 An Ly11.11 Pn1111" ., Ll'Ita 1:11u.• t Printed till Kc�y�'hui f'a {x'r t'untatuitt� a y 1 11 C1,11V Murinnu) of 1 07. Post 0011'"incl W.We M1 JUN -09 -03 01 :05 PM P.01 Facsimile `transmittal Coversheet Central Region Fisheries Department of'Natural Resources. 1200 Warner Road St Paul, MN 55106 -6793 Pages: T� W Z,- To: —dL,41v s% Fay _7ii'L� y .. ,_..— Fax:.._..-._ _(65,1) 772- 74 Phone:..._ 5 77 -37 S 6 - -- -_ Purpose: _ For your information Take appr::. priate action ? As .; , lou requested Review and return As we discussed Reply to sender w^ For your approval Other Remarks :_ /ff /wiv r411d OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Co embers Carmody, La an, Niesen, and Peppe FROM: Michael J. McCaule DATE: June 5, 2003 SUBJECT: Shoreline Restoration Grant for Twin Lake Park Attached are materials prepared by Mr. Blomstrom and Mr. Glasoe. As indicated in Mr. Glasoe's memorandum, the matter was reviewed by the Park and Recreation Commission, which conducted a public meeting and sent out neighborhood survey cards. The Park and Recreation Commission recommended accepting the grant. Both Mr. Blomstrom and Mr. Glasoe in their memoranda express concerns regarding the maintenance obligations that would be undertaken if the City Council approves acceptance of the grant. In dealing with a $1.18 Million reduction in Local Government Aid in 2003, we have not filled the position vacated by Ole Nelson and we have hired half as many • season employees for park maintenance as were contained in the 2003 budget. As we move into 2004 to address the loss of $1.68 Million the challenges will be even greater. Thus, if the Council wishes to make this project a priority by approving the acceptance of the grant, resources will necessarily be directed to accomplishing that directive. The implications of that direction will be felt in other areas of park maintenance. i Enclosed in the materials is a letter from the Minnesota Department of Natural Resources (DNR) to Mr. Blomstrom that indicates that June 13 would be the DNR's deadline for a signed grant contract and landowner agreement if the Council chooses to accept the grant. General staff concerns about the grant are the level of maintenance, long term, suitability of native plantings in a neighborhood park, and prioritization of this project in a time of retrenchment in the adopted Capital Improvement Plan. 9 301 Shingle Creek Parkway ecreation d Community y an C mun y 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 i • MEMORANDUM DATE: June 4, 2003 TO: Michael McCauley, City Manager j FROM: Todd Blomstrom, Director of Public Works "" SUBJECT: Shoreline Restoration Grant for Middle Twin Lake Park from the Minnesota Department of Natural Resources and Shingle Creek Watershed Management Commission On June 3, 2003, the Park and Recreation Commission held a meeting at Twin Lake Park to discuss a proposal from the Shingle Creek Watershed Management Commission to install native plantings and a rain garden within the public park area. The Commission received questions concerning the installation and maintenance requirements for the proposed project. This memorandum provides a summary of the requirements based on information provided by the Watershed and Department of Natural Resources. Site Preparation The project budget provided by the Shingle Creek Watershed Management Commission outlines • the installation responsibilities for the City as part of the grant agreement. The City would be responsible for the site preparation tasks listed below. The estimated time requirement for site preparation work by city forces is approximately 80 hours. 1. Pick -up, delivery and installation of wood mulch - $860 in compensation for this work is provided in the project budget. The City would be responsible for the remaining cost. 2. Turf removal for planting preparation 3. Site grading for planting preparation 4. Pick -up, delivery and installation of vinyl- coated wire fencing for upland plant areas 5. Pick -up, delivery and installation of temporary plastic safety fence along the waterline 6. Installation of wavebreak material to protect emergent vegetation Plant Installation Approximately 250 working hours will be required to complete the plant installation work. This work will include delivery of plants to the site, layout and placement of materials and placement of mulch. The Park and Recreation Committee discussed the potential to have a majority of the installation work be completed by citizen volunteers. This would reduce the amount of staff time required for installation. Approximately 20 to 30 hours of additional staff time will be required to solicit volunteers, conduct training for plant installation and initiate long -term maintenance duties. If a sufficient number of volunteers are not located prior to the installation date, the City will be required to complete this work with City forces under the terms of the agreement between the City • of Brooklyn Center and the Department of Natural Resources. G:\Depts\Public Works\ Administration \Council\Engineering\New \Twin Lake Memo.doc Page 1 of 2 • Landscape Maintenance The project maintenance requirements will extend for a period of ten (10) years under the terms of the agreement. The amount of time required for routine maintenance is difficult to quantify at this time, but is assumed to be in the range of 80 to 120 hours per growing season. The agreement will require the City to complete long -term maintenance duties if volunteers fail to complete necessary maintenance work or a sufficient number of volunteers are not located for maintenance duties each year. Routine maintenance tasks are listed below. 1. Landscape irrigation will be required for the first two years after planting. A hose bib was not included with the water fountain that was previously ordered for installation in the park. A pressurized water source has not been identified at this time. 2. Weed removal will be required to avoid encroachment of invasive and exotic species. The person performing weed removal will need to be trained in discerning between weeds and native plant species. 3. Clearing of dead vegetation by either burning the planting areas or mowing the areas on a two or three year maintenance cycle will be required for long -term maintenance. This project should not be considered an experimental application of native plantings. The native vegetation can not be removed after a few years, even if the neighborhood residents decide that they do not like the appearance of the landscaping. The grant agreement stipulates that the City will maintain the native vegetation for a period of ten years. • Decision Deadline The City received a letter dated May 28, 2003, from the Department of Natural Resources indicating that the contract and landowner agreement must be signed and returned by June 13, 2003 to secure the grant fiends for this project. If these documents are not returned by this deadline, the DNR will allocate these funds for other purposes. • G:\Depts\Pubhc Works\ Administration \Council\Engineering\New \Twin Lake Memo.doc Page 2 of 2 WT City of Brooklyn Center A Millennium Community MEMORANDUM DATE: June 4, 2003 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Park and Recreation Commission Recommendation Last evening, the Park and Recreation Commission hosted a meeting regarding the Twin Lake Park shoreline restoration grant that was recently received from the Minnesota Department of Natural Resources through the Shingle Creek Watershed. The meeting of neighborhood residents and interested citizens was held to explain the proposed improvements and gauge support for the proposal. Forty -one people attended the meeting. • At the meeting, staff presented an overview of the planned improvements including the areas to be planted, types of plants that would be used and the resulting maintenance requirements from the improvements. In addition, staff answered citizens' questions regarding the proposal. During the session, opinions in favor of, and against the proposed project were voiced. While many saw the proposed improvements as an aesthetic benefit to the park, with the potential to improve the lake's water quality, others argued that the reduction of the beach area would become a future maintenance issue and could cause additional congestion and the potential for safety concerns as a result of boats and personal watercraft docking in a smaller area. After considerable discussion, an informal hand count was conducted. A majority of the people in attendance were in favor of the project. In addition to the informal hand count at the meeting, survey cards were sent to neighborhood residents asking for their opinion. Of the 239 cards that were mailed, 62 survey cards were received. 48 of the residents indicated they were in favor of the improvements, 11 were in favor of maintaining the beach as it currently is, and another 3 did not express an opinion. Immediately following the meeting, the Commission met and approved the following recommendation regarding the grant. The Park and Recreation Commission recommends the City Council accept the shoreline grant from the Minnesota Department of Natural Resources through the Shingle Creek Watershed. 4 P 301 Shingle Creek Parkway y Reereataon 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 In making the recommendation, the Commission also recognized the current budget constraints, • and wanted to make certain the City Council was aware of the requirements of the agreement, as they would impose additional cost obligations on the City. The basic tenants of the agreement include: The Landowner (City) is responsible for maintaining the project for a period of ten (10) years to ensure the conservation objectives are met. The landowner (City) is responsible for site preparation and recruitment of volunteers for planting. The total estimated hours for 2003 are 445. In years 2 — 10, the estimated hours are 80 -120 per year. Minimum maintenance will include weekly watering during the first two years and regular removal of invasive and exotic species that encroach on the project. The landowner (City) will forgo the use of fertilizer in the buffer area and chemical control of aquatic plants, except for the control of algae. The landowner (City) agrees to make the site available as a demonstration site to the general public. • From a staff perspective, I continue to be concerned about the potential exposure the City would be assuming by executing this agreement. Potentially, the City could be responsible for reimbursing the DNR, up to, the entire $11,201 project costs if the goals are not met. Additionally, I am apprehensive about not having this improvement considered as part of our long range Capital Improvement Plan. Recently, the Park and Recreation Commission made the difficult decision to defer three planned projects for 2003. These projects had long been planned within in the CIP, whereas the Twin Lake shoreline improvement has not been considered within that same framework. Lastly, I have questions regarding our ability to provide the maintenance support required by the° agreement. We have already begun the painful process of cutting programs and sei vices. Given our reduced staffing levels in park maintenance personnel, I am reluctant to think that we will be able to maintain current service levels. Not withstanding the additional duties created by the agreement. As always, please let me know if you have any questions regarding the recommendation, or would like additional information. e Gaa2- PAP-941iC LDT G I , PICNIC um MH'DDT `Y+ I Mt�lcr+�llarj � I- �Kr�tvy Av�-W>✓ Y��{C�ROUrtn I T4rtt= � , Cwlw CIO- -� UI,4Fl =Efz -- / � . P pct�nti"x ��Kti; nf•�- `� .� � x �— M►vDl Tv (H LAS 1✓M�RCa�stT i�ot� �RDs1oNrCai"tRp(;:, g►:Artl� - let-1wE, MEV WoDp ML4L-4 1 Hennepin Counbr Middle Twin Lake I Stabilization / Buffer Plan Twin Lake Park I Lakeside Avenue Brooklyn Center, MN prepared by: 1 Sc ale: the Association of Metropolitan Soil and Water Conservation Districts I ' I Anoka . Carver. Dakota - Hennepin. Ramsey . Scott . Washington in assodaUon with: 0 20' 40' 80' 120 200' USDA — Natural Resources Conservation Service Exhibit C: Shoreline Habitat Landowner Agreement Landowner: City of .Brooklyn Center . (Name, address, telephone Michael I McCauley, City Manager and email) 6301 Shinele Creek Parkway Brooklyn Center, MN 55430 mmecaulev(@,ci.br Project Shingle Creek Watershed Manasement Commission Cooperator: Ed Matthiesen. Consultine EnLyineer (Name, address, telephone 1800 Pioneer Creek Ctr, and email) Maple Plain, MN 55359 (763) 479 -4200 emattheisen(@,wenck.com Location (County): Hennepin This agreement dated March 25 , 2003 between the Minnesota Department of Natural Resources (DNR), Division of Fisheries and the Citv of Brooklvn Center (Landowner), and the Shinele Creek Watershed Manaeement Commission (Project Cooperator) is entered into in order to establish native vegetation along shorelines for the purposes of creating a buffer zone and improving fish and wildlife habitat. Through this Agreement, Landowner will permit the DNR and the Project Cooperator to undertake certain shoreline habitat restoration activities. This Agreement covers lands in T 118 N , R 24,21 W. S. 9,10 adjacent and within the following watercourse T win Lake (DOW 27-42 ) , as specified in the project proposal. The term of this Agreement shall be ten (10) years, - from June I . 2003 to June 1 , 2013. The Landowner is responsible for maintaining the project for a period of ten (10) years to ensure that the conservation • objective of this practice is met. Minimum maintenance includes watering when needed during the first year or two and removing invasive and exotic species that encroach on the project. The Landowner agrees to the terms of installation, maintenance and monitoring outlined in the approved project proposal. The Landowner agrees to allow the DNR (and the Project Cooperator) access to the project area for construction, maintenance, evaluation and promotion of the project. The Landowner agrees to make the site available as a demonstration site to the general public. The Landowner or the Project Cooperator shall secure all necessary permits for the project. The Landowner will forego the use of fertilizer in the buffer zone created by the project. The Landowner will forego the chemical control of aquatic plants except for the purposes of controlling algae (which still requires a permit from the DNR's Division of Fisheries). The DNR assumes no liability for injury or damage, other than that caused by it's own negligence, in the project area. The DNR assumes no jurisdiction over the project area for purposes of controlling trespass, noxious weeds, granting rights -of -way, or other incidents of ownership. This Agreement will be canceled upon transfer of the property to another owner during this period, This Agreement may be amended by mutual consent of the DNR and the Landowner. The DNR shall have no obligation to restore the land to its original condition upon expiration or termination of this Agreement • Mike Halverson Date Landowner, Date Habitat and Development Consultant, DNR- Fisheries Title Project Cooperator Date Title ' Minnesota Department of Natural Resources _ m W 9 U �pJ 500 Lafayette Road NA St. Paul, Minnesota 55155 -40_ O FNRP ' May 28, 2003 Todd Blomstrom Director of Public Works 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Blomstrom: Thank you for bringing to my attention the uncertainty of the City of Brooklyn Center approving the Twin Lake Park Shoreland Restoration Project. As you are aware, the Department of Natural Resources approved $10,500 to restore the shoreline of Twin Lake Park. As I mentioned in our phone conversation, we need a signed grant contract and landowner agreement by June 13 to secure the funding for this • project. I understand that the project is on the agendas for the June 3 Parks and Recreation Committee meeting and the June 9 City Council meeting. I hope you can secure the support needed at these meetings to proceed with the project. I feel this project will be very successful and have many benefits for Twin Lake Park and the City of Brooklyn Center. I look forward to hearing from you shortly after these meetings regarding the City Council's decision.. If you need any additional information regarding the grant contract or project funding status prior to these meetings, please contact me at (651) 296 -2548. Since ely, Kevin D. Bigalke Shoreland Habitat Coordinator C: Neil Vanderbosch, DNR — Fisheries. Ed Matthiesen, Consultant — Shingle Creek WMO DNR Information: 651- 296 -6157 • 1- 888 -646 -6367 TTY: 651- 296 -5484 1- 800 -657 -3929 An Equal Oppommity Employer If: printed on Recycied Paper Containing a Who Values Diversity Minimum of 10% Post - Consumer Waste • Brooklyn Center Park and Recreation Commission Informational Meeting Regarding Proposed Shoreline Improvements at Twin Lake Park June 3, 2003 6: 30 p. m., Twin Lake Park Please Sign In Name Addresss (4r n +Z 4,� Q � 113 Zell` in 1A i ►Ni L T !r ii -f�G -� i-� 7 is r, a _ / t�l .q r•� S v i S F. 7 - VW LA;4 Al • ( ' Z l L I C K o ff Ian I I w G i 1 G.ic_.7J"f' f r �� ' n ice+ -I � � •.�r,K;r.. 3�t /��. / �•�'✓Y�•� Yl�� � l� e -- .� � y :� r ��.� / y l L't- , c . . / .Z. -� p� ° i ��_� . ;s _.� O '7 � l ��..t.�%J ._2f�. " / � � v C r • � , 4 r �l ��r�,'� ' ✓� .•z fi � - =y - �' L; _: rvv -.� �-•=.� ii %� :�' "- ? -i.-,E � C`✓-� : ` I �- •�' 1t)17 -r V C; City Council Agenda Item No. 9d i MEMO • To: Michael McCauley, Manager Y� Y g From: Patty Hartwig, Information Technology Coordinator Tpi�' Subject: Qwest Contracts for Main Service for Telephone Systems Located at City Hall /Community Center, Police, Earle Brown Heritage Center and Point -to -Point Voice/Data Connections for Public Works Garage /City Hall and Earle Brown Heritage Center /City Hall Date: June 4, 2003 The City of Brooklyn Center has three telephone systems, City Hall /Community Center, Police and Earle Brown Heritage Center. Five -year contracts with Qwest were signed to provide the main service for these telephone systems. City Hall /Community Center and Earle Brown Heritage Center contracts expire 6/19/2003, Police 8/5/2004. Qwest is allowing the City to renegotiate the Police contract at this time because of their desire to continue to service the City Hall /Community Center and Earle Brown Heritage Center business. US Acomm Inc., a sales agent for Qwest, has proposed new Qwest contracts for all three • locations. A three -year contract would be $800 /month each system and a five -year contract would be $775 /month for each system. The service is the main service (PRI/trunks) for the telephone systems and does not include all monthly Qwest charges. State Contract T -685 offers a three -year contract also at $800 /month for each system, no five -year contract is offered (attached). The City is currently paying the following for these services: $1,460.06 /month for City Hall /Community Center, $1,274.97 /month for Police, and $891.90 /month for Earle Brown Heritage Center. At this time I do not forecast the City upgrading the telephone systems within the next five years. The risk associated with a five -year contract over a three -year contact is that rates may go down — as they have in the last five years. Early termination of contract will result in 50% penalty of remaining months. Signing a five -year over a three -year contract will result in $2,700 savings the first three -years of a five -year contract. Public Works Garage Point -to -Point Data/Voice T1 contract expired 4/2/03. The City is currently paying $300 /month (month to month, no contract). Three -year contract would be $253.80 /month; 5 -year contract would be $219.96 /month. Earle Brown Heritage Center Point -to -Point Data/Voice T1 contract expires 6/19/03. The City is currently paying $200 /month. Three -year contract would be $230 /month; 5 -year contract would • be $200 /month. The only way to eliminate the Point -to -Point connections /cost is to have fiber between Public Works /City Hall and Earle Brown Heritage Center /City Hall. To build this infrastructure the estimated cost would be between $20,000 - $35,000. Memorandum to Michael McCauley June 4, 2003 Page 2 Based on the above and the projected future budget constraints, I recommend the consideration of entering into five -year contracts with Qwest for main service for the telephone systems located at City Hall/Community Center, Police, and Earle Brown Heritage Center and five -year contracts for Point to Points at Public Works Garage and Earle Brown Heritage Center. With the above - recommended contracts, the City will save approximately $16,000 annually starting June 2003. Attachment • • i • Admin Minnesota Materials Manaaement Division Room 112 Administration Bldg.., 50 Sherburne Ave., St. Paul, MN 55155; Phone: 651.296.2600, Fax: 651.297.3996 For TTYITDD communication, contact us through the Minnesota Relay Service at 1.800.627.3529. CONTRACT RELEASE: T -685 DATE: APRIL 3, 2003 PRODUCTISERVICE: TELECOM: PRI SERVICE IN QWEST TERRITORIES CONTRACT PERIOD: APRIL 1, 2003, THROUGH MARCH 31, 2005 EXTENSION OPTIONS: UP TO 36 MONTHS ACQUISITION MANAGEMENT SPECIALIST: JOAN BREISLER PHONE: 651296.9071 E -MAIL: )oan.breisler @state.mn.us WEB SITE: www.mmd.admin.state.mn.us CONTRACT VENDOR CONTRACT NO. TERMS DELIVERY • QWEST CORPORATION 430562 NET 30 9.25 Days (up to 20 circuits) 323 Stinson Blvd. To be determined (over 20 circuits) Minneapolis, MN 55413 VENDOR NO.: 017524000 02 CONTACT: Brian Kyllonen PHONE: 612.664.2463 FAX: 612.632.0463 CONTRACT USERS. This Contract is, available to the Department of Administration, Intertechnology Group ( "InterTech ") only. STATE AGENCY CONTRACT USE. This Contract must be used by the State agency unless a specific exception is granted by the Acquisition Management Specialist listed above. AGENCY ORDERING INSTRUCTIONS. Orders are to be placed directly with the Contract Vendor. The State agency should use a contract release order (CRO) or a blanket purchase order (BPC). The person ordering should include his or her name and phone number. Orders may be submitted via fax. SPECIAL TERMS AND CONDITIONS SCOPE. To provide Primary Rate interface (PRI) service in Qwest Territories for the Department of Administration, lntertechnologies Group ("InterTech "). PRICES. Prices are firm through the first year. After that period, prices may increase once a year. Price increases are not effective until they are approved by the AMS. NOTE: At no time should the ordering entity pay more than the Contact price. Agencies must contact the AMS immediately and fill out a Vendor Performance Report if there is a discrepancy between the price on the invoice and the Contract price. • Contract Release 7 (02J03) Contract Release T-685 Page 2 of 2 • MAPS KLINS: ENVIRONMENTAL CODE: NO LINE 00001694-10 Telecom/Telephone Usage Service LINE 00002 694 -12 Telecom/Telephone Equipment /Repair /Maintenance /install LINE 00003 694-22 Telephone Related Services LINE 00004 023-22 Telephone Service, Data, Circuit (No Sales Tax) PRICING. Month Rate One Time Installation Description Each Charge /Each Contract Pricing Term - 1 Year $975.00 No Charge (DID telephone numbers will be an additional expense the responder does not need to provide). 1 - 6 PRI's and all trunks $975.00 No Charge 7 - 12 PRI's and all trunks $975.00 No Charge 13 -15 PRI's and all trunks $975.00 No Charge Over 15 PRI's and all .trunks $975.00 No Charge Month Rate One Time Installation Description Each Charge /Each • Contract Pricing Term - 3 Year $800.00 No Charge (DID telephone numbers will be an additional expense the responder does not need to provide). 1 - 6 PRI's and all trunks $800.00 No Charge 7 -12 PRI's and all trunks $800.00• No Charge 13 -15 PRI's and all trunks $650.00 No Charge Over 15 PRI's and all trunks $650.00 Additional pricing discount applied to three year rate when more than 11 PRI services are contracted. • Contract Release 7 (02103) Agreement Number: MN45353 QWEST ISDN PRS, AND /OR DSS ADVANCED AND /OR UAS BULK RATED AGREEMENT • This is an Agreement by and between CITY OF BROOKLYN CENTER - CITY HALL (Customer") and Qwest Corporation ( "Qwest ") for the provision of Qwest Bulk Rated Integrated Services Digital Network Primary Rate Service ( "ISDN PRS ") and /or Bulk Rated Digital Switched Service Advanced ( "DSS Advanced ") and /or Bulk Rated Uniform Access Solution Service ( "UAS ") (individually and collectively referred to as "Service "). 1. Scope. 1.1 ISDN PRS. If Customer purchases ISDN PRS, Qwest shall provide digital intraLATA, intrastate, switched local exchange telecommunications service utilizing ISDN PRS technology that transports and distributes voice, data, image, and /or facsimile communications separately or simultaneously over the public, switched, local exchange network. ISDN PRS components include a DS1 facility, an ISDN PRS service configuration, and trunks as indicated on Exhibit 1, which is incorporated herein by this reference. ISDN PRS operates at 1.544 megabits per second (Mbps). ISDN PRS may be configured as 23 B channels and one D channel, 24 B channels only (24B), or 23 B channels and one back -up D channel (23B +BUD). Each B channel transmits voice or data at 64 kilobits per second (Kbps). The D channel carries signaling information at 64 Kbps. 1.2 ISDN PRS -UAS. if Customer purchases ISDN PRS, Customer may also select Uniform Access Solution service as an optional feature as that service is defined in the Tariff (defined in Section 1.5) under Primary Rate Service. ISDN PRS -UAS is digital service with single- number route indexing, which includes a DS1 facility with common equipment, and a network connection which provides for local exchange, toll network access. Each DS1 facility utilizes the channels configured as: (a) In -only trunking; or (b) Two -way trunking. 1.3 DSS Advanced. If Customer purchases DSS Advanced, Qwest shall provide Customer with the use of (a) a digital DS1 facility, as indicated on Exhibit 1; (b) common equipment to interconnect with Qwest's local exchange switching office; and (c) advanced, flat usage trunks and DID trunk termination for access to the local exchange • and toll networks. DSS Advanced operates at a maximum speed of 1.544 Mbps. 1.4 UAS If Customer purchases UAS, Qwest shall provide Customer with digital service with single- number route indexing, which includes a DS1 facility with common equipment, as indicated on Exhibit 1, and a network connection which provides for local exchange, toll network access. Each DS1 facility utilizes the channels configured as: (a) In -only trunking; or (b) Two -way trunking. 1.5 Qwest shall provide Service in accordance with the applicable State Tariff, Price List, and /or Catalog ( "Tariff') which governs Service in the state Service is provided, and which Tariff(s) is incorporated herein by this reference. In states where Qwest is required to offer Service per Tariff, any conflict between the Tariff and this Agreement shall be resolved in favor of the Tariff. 2. Term. 2.1 This Agreement shall become effective on the date on which it is executed by Qwest following Customer's execution of this Agreement ( "Effective Date ") and shall expire ( 60) months from the date Service is available to Customer under this Agreement, as evidenced by Qwest records ( "Term "). The Minimum Service Period for Service is twelve (12) months ( "Minimum Service Period "). 2.2 Should Qwest continue to provide Service after this Term without a further agreement, the service charges will convert to the applicable month -to -month rate under the terms and conditions of the applicable Tariff, or in its absence, this Agreement. 3. Service Provided. 3.1 Qwest will provide and maintain the Service at the locations and in the quantities specified in Exhibit 1. 3.2 Qwest shall notify Customer of the date Service is available for use. In the event Customer informs Qwest that it is unable or unwilling to accept Service at such time, the subject Service will be held available for Customer e for a period not to exceed thirty (30) business days from such date ( "Grace Period "). If after the Grace Period, Customer still has not accepted Service, Qwest may either: (a) commence with regular monthly billing for the © 2003 Qwest Corporation Page 1 Version: 04 -28 -0: PRS /UAS /DSS - BULM subject Service; or (b) terminate the subject Service and invoice Customer for any applicable charges pursuant to Section 6.2, including the entire NRCs. • 4. Charges and Billing. 4.1 Customer shall pay the total monthly recurring charges ( "MRCs ") and nonrecurring charges ( "NRCs ") specified in Exhibit 1. Customer shall pay each bill in full by the payment due date on each bill ( "Due Date "). Any amount owed and not received by Qwest by the Due Date shall be considered past due and subject to a late charges as specified by Tariff, and if there is no such rate specified by Tariff, the late charge shall be equal to one and one half percent (1% %) per month or the maximum allowed by law, whichever is less. 4.2 In addition to the MRCs and NRCs, Customer is responsible for all Taxes assessed in connection with the Service. "Taxes" means any and all applicable foreign, federal, state and local taxes, including without limitation, all use, sales, value- added, surcharges, excise, franchise, commercial, gross receipts, license, privilege or other similar taxes, levies, surcharges, duties, fees, or other tax - related surcharges, whether charged to or against Qwest or Customer, with respect to the Service, but excluding any taxes based on Qwest's net income. 4.3 The charges for Services under this Agreement, including any and all discounts to which Customer may be entitled, will be offered and charged to Customer independently from and regardless of the Customer's purchase of any customer premises equipment or enhanced services from Qwest. 4.4 If Service is not available in Customer's switch, interoffice mileage MRCs and NRCs for transport between switches shall apply. 5. Service Changes. 5.1 Moves Customer may move the physical location of all or part of Service to another location within a Qwest serving area, provided the following conditions for the move are met; (a) Service moved to the new location is provided to Customer by Qwest; (b) Customer advises Qwest that Service at the new location replaces existing Service; (c) Customer's requests for the disconnection of the existing Service and the installation of Service at the new location are received by Qwest on the same date; (d) Customer requests that Qwest install the Service at the new location on or prior to the disconnection date of the existing Service; (e) Customer agrees to execute a written • amendment evidencing the move; and (f) Customer agrees to pay all applicable charges for Service that will be provided at the new location. 5.2 Additions to Service. Service may be added up to twelve (12) months prior to the expiration date of this Agreement, at the rates specified herein. Qwest will supply such additions to Customer, subject to the following conditions: (a) Customer executes an appropriate addendum for such service; (b) Qwest commercially offers such additions and necessary facilities are technically and practicably available; and (c) a new Minimum Service Period is established for each new addition to Service. 5.3 Notwithstanding Section 5.2, Service may be added during the twelve (12) months prior to the expiration date of this Agreement, under the following circumstances: (i) Customer and Qwest renegotiate and execute a new agreement that would include existing Service plus the additional Service; (ii) Service is ordered pursuant to a new and separate agreement; or (iii) Service is ordered under the month -to -month tariff rates then in effect. 6: Termination Liability. 6.1 Qwest may (a) immediately suspend all or any part of the Service, and /or (b) terminate this Agreement (effective after the applicable notice period): (i) for cause or (ii) upon written notice if Customer becomes or is declared insolvent or bankrupt or is the subject of any proceedings related to its liquidation, insolvency or for the appointment of a receiver or similar officer for it. "Cause" means the failure of a party to perform a material obligation under this Agreement which failure is not remedied, if curable, upon thirty (30) calendar days written notice. Customer may terminate this Agreement for cause. If Customer terminates this Agreement for Cause prior to the conclusion of the Term, then Customer shall remain liable for charges accrued but unpaid as of the termination date. 6.2 If termination is prior to installation of Service, charges shall be those reasonable expenses incurred by Qwest through the date of termination. •6.3 If during the Minimum Service Period, Customer terminates this Agreement, or any portion of Service, for any reason other than Cause or Qwest terminates this Agreement under Section 6.1, Customer shall pay a termination charge of one hundred percent (100 %) of the MRCs (or the applicable fraction thereof) multiplied by the © 2003 Qwest Corporation Page 2 Version: 04 -28 -0, PRS /UAS /DSS - BULh number of months remaining in the Minimum Service Period, plus a termination charge of fifty percent (50 %) of the MRCs (or the applicable fraction thereof) multiplied by the number of months remaining in the Term after the Minimum Service Period. • 6.4 If after the Minimum Service Period, Customer terminates this Agreement, or any portion of Service, for any reason other than Cause or Qwest terminates this Agreement under Section 6.1, Customer shall pay a termination charge of fifty percent (50 %) of the MRCs (or the applicable fraction thereof) multiplied by the number of months remaining in the Term. 6.5 A termination charge will be waived when all of the following conditions are met: (a) Customer discontinues Service and signs a new service agreement(s) for any other Qwest- provided service(s); (b) the new service agreement(s) have a total value equal to or greater than one hundred fifteen percent (115°/x) of the remaining prorated value of the existing agreement(s) (excluding any special construction charges, applicable nonrecurring charges, or previously billed but unpaid recurring and /or nonrecurring charges); (c) Customer places the orders to discontinue Service and establish new service at the same time(within thirty (30) calendar days of each other if service is in New Mexico); (d) the new service(s) installation must be completed within thirty (30) calendar days of the disconnection of Service, unless such installation delay is caused by Qwest; and (e) a new minimum service period goes into effect when the new service agreement term begins. "New service" means a newly - installed service placed under new service agreement(s), or newly installed additions to existing service agreement(s), but it does not include renewals of expiring service agreement(s), renegotiations of existing service agreement(s) or conversions from month -to -month service to contracted service. The waiver does not apply to changes between regulated and unregulated or enhanced products and services. 7. Disclaimer of Warranties. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY QWEST, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. • 8. Limitation of Liability. NEITHER PARTY, ITS AFFILIATES OR CONTRACTORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER RELATING TO THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED. CUSTOMER'S EXCLUSIVE REMEDIES FOR CLAIMS RELATED TO THE SERVICE SHALL BE LIMITED TO THE APPLICABLE OUT -OF- SERVICE CREDIT(S), IF ANY. QWEST'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL MRCS PAID BY CUSTOMER TO QWEST PURSUANT TO THIS AGREEMENT IN THE MONTH IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, THE LIMITATION OF LIABILITY IN THIS SECTION SHALL NOT APPLY TO CUSTOMER'S PAYMENT AND INDEMNIFICATION OBLIGATIONS. 9. Out -Of- Service Credit. If Qwest causes a Service interruption, an out -of- service credit will be calculated under the state local exchange Tariff. If there is no applicable tariff and the interruption lasts for more than twenty - four (24) consecutive hours after Qwest receives notice of it, Qwest will give Customer credit calculated by: (a) dividing the monthly rate for the affected Service by thirty (30) days; and then (b) multiplying that daily rate by the number of days, or major fraction, that Service was interrupted. 10. Force Majeure. Neither party will be liable for any delay or failure to perform its obligations hereunder if such delay or failure is caused by an unforeseeable event (other than a failure to comply with payment obligations) beyond the reasonable control of a party, including without limitation: act of God; fire; flood; labor strike; sabotage; fiber cut; material shortages or unavailability or other delay in delivery not resulting from the responsible party's failure to timely place orders therefor; lack of or delay in transportation; government codes, ordinances, laws, rules, regulations or restrictions; war or civil disorder; or failures of suppliers of goods and services ( "Force Majeure Event "). • 11. Dispute Resolution. Any dispute arising out of, or relating to, this Agreement shall be settled by arbitration to be conducted in accordance with the Judicial Arbitration and Mediation Services ( "JAMS ") Comprehensive Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sections 1 -16, not state law, shall govern © 2003 Qwest Corporation Page 3 Version: 04 -28 -0: PRS /UAS /DSS - BULH the arbitrability of the dispute. The costs of the arbitration, including the arbitrator's fees, shall be shared equally by the parties; provided, however, that each party shall bear the cost of preparing and presenting its own claims and /or defenses (including its own attorneys fees). The arbitration will be held in Denver, Colorado. The arbitrator has no • authority to award any indirect, incidental, special, reliance, punitive, or consequential damages, including damages for lost profits. The arbitrator's decision shall be final, binding, and enforceable in a court of competent jurisdiction. If either party fails to comply with the dispute resolution process set forth herein (including, without limitation, nonpayment of an arbitration award) and a party is required to enforce such compliance in court or elsewhere, then the non - complying party shall reimburse all of the costs and expenses incurred by the party seeking such enforcement (including reasonable attorneys fees). 12. Lawfulness. This Agreement and the parties' actions under this Agreement shall comply with all applicable federal, state, and local laws, rules, regulations, court orders, and governmental agency orders. Any change in rates, charges or regulations mandated by the legally constituted authorities will act as a modification of any agreement to that extent without further notice. 13. Confidentiality. Neither party shall, without the prior written consent of the other party, disclose or use (except as expressly permitted by, or required to achieve the purposes of, this Agreement) the Confidential Information of the other party, during the Term of this Agreement and for two years following the expiration or termination hereof. Such consent may only be given in writing by Qwest's Legal Department. ' "Confidential Information" means written or electronic information that is either: (a) marked as confidential, or which is accompanied by written notice that such information is confidential; or (b) not marked or accompanied by notice that it is confidential, but which, if disclosed to any third party, could reasonably and foreseeably cause competitive harm to the owner of such information. Confidential Information shall, not include information which: (a) is in the public domain or otherwise ceases to be confidential through no breach of this Agreement by the receiving party; (b) is already known or is independently developed by the receiving party independent of any disclosure by the disclosing party; or (c) is revealed to recipient by a third party who does not thereby breach any obligation of confidentiality and who discloses such information in good faith. For purposes of this Section, Confidential Information shall include, but not be limited to, the terms (including pricing) of this Agreement; provided, however, either party may disclose the existence of this Agreement (but not its terms) as may be reasonably necessary by such party in order to conduct its business. Each party will take reasonable precautions to protect the other party's • Confidential Information, using at least the same standard of care as it uses to maintain the confidentiality of its own confidential information. A party may disclose Confidential Information if required by a governmental agency, by operation of law, or if necessary in any proceeding to establish rights or obligations under this Agreement, provided that the disclosing party gives the non - disclosing party reasonable prior written notice sufficient to permit the non - disclosing party an opportunity to contest such disclosure. 14. , Publicity. Neither party shall, without the prior written consent of the other, issue any press release or public announcement regarding this Agreement or any relation between Customer and Qwest or use the name, trademarks, or other proprietary identifying symbol of the other party or its affiliates. Such consent by Qwest may be given in writing by the Executive Vice President of Corporate Communications or his or her designee. 15. Notices. Except as otherwise provided herein, all required notices shall be in writing, transmitted to Qwest at 1801 California Street, Suite 3800, Denver, Colorado 80202; Facsimile #: (303) 295 -6973; Attention: Legal Department, and to Customer at Qwest's then current address of record for Customer; Attention: General Counsel or other person designated for notices. Notices will be considered given either: (a) when delivered in person to the recipient designated for notices; (b) when deposited in either registered or certified U.S. Mail, return receipt requested, postage prepaid; or (c) when delivered to an overnight courier service. Customer's current address, facsimile number and person designated for notices are: 16. General Provisions. 16.1 This Agreement shall be governed by the laws of the state where Service is provided, without regard to its choice of law principles; provided however, that Service may also be subject to the Communications Act of 1934, as amended. 16.2 Neither party's failure to insist upon strict performance of any provision of this Agreement shall be construed as a waiver of any of its rights hereunder. • 16.3 If any term of this Agreement is held to be unenforceable, the unenforceable term shall be construed as nearly as possible to reflect the original intent of the parties and the remaining terms shall remain in effect. © 2003 Qwest Corporation Page 4 Version: 04 -28 -T PRS /UAS /DSS - BULM 16.4 All terms of this Agreement which should by their nature survive the termination of this Agreement shall so survive. • 16.5 Customer may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of Qwest, which consent will not be unreasonably withheld. Customer may not assign to a reseller or a telecommunications carrier under any circumstances. 16.6 This Agreement is intended solely for Qwest and its affiliates and Customer and it shall not benefit or be enforceable by any other person or entity. 16.7 This Agreement and any exhibits hereunder constitute the entire agreement between Customer and Qwest with respect to the subject matter hereof, and supersede all prior agreements or understandings, whether oral or written, relating to the subject matter hereof. Except for Service and Tariff modifications initiated by Qwest, all amendments to this Agreement shall be in writing and signed by the parties' authorized representatives. Qwest may act in reliance upon any instruction, instrument, or signature reasonably believed by Qwest to be genuine. Customer agrees that any employee of Customer who gives any written notice or other instruction in connection with this Agreement has the authority to do so. The parties have read, understand and agree to all of the above terms and conditions of this Agreement and hereby execute and authorize this Agreement. CITY OF BROOKLYN CENTER - CITY HALL Qwest Corporation Authorized Signature Authorized Signature Myrna Kragness Name Typed or Printed Name Typed or Printed • Mayor Title Title June 9, 2003 Date Date • © 2003 Qwest Corporation Page 5 Version: 04 -28 -0: PRS /UAS /DSS - BULM Agreen EXHIBIT 1 •QWEST ISDN PRS, AND /OR DSS ADVANCED, AND /OR UAS • BULK RATED AGREEMENT CITY OF BROOKLYN CENTER - CITY HALL Customer Customer Address: 6301 SHINGLE CREEK PARKWAY Circuit ID or BTN 763 - 549 - 3200,612 -E07 -0464 Total MRCs : $ 775.00 • • © 2003 Qwest Corporation Page 6 Version: 04 -28 -0: PRS /UAS /DSS - BULh Agreement Number: MN45357 QWEST CORPORATION INTERSTATE PRIVATE LINE TRANSPORT SERVICES PRICING PLAN ACKNOWLEDGMENT CITY OF BROOKLYN CENTER Customer's Legal Name ( "Customer ") Oustomer hereby orders from Qwest Corporation ( "Qwesf') the Qwest Interstate Access Service ( "Service ") indicated below. Customer understands and agrees that Qwest provides Service solely under the Regulations, Rates, and Charges of Interstate Access Tariff F.C.C. No. 1 ("Tariff") which governs Service. In the event of a conflict between this Acknowledgment, Qwest Records and /or the Tariff, the Tariff prevails. 9 p SERVICE REQUESTED ANALOG /DATA SERVICES VIDEO DATA SERVICES HIGH CAPACITY SERVICES ❑ Analog Private Line Service ❑ Broadcast Video Service ® DS Level DS1/1.544 Mbps ❑ Analog Voice Grade - ❑ Broadcast Digital Transport ❑ SST/ - ❑ SVDS / - ❑ HDTV -NET SDI ❑ SHNS/ - ❑ Digital Data/ - 6301 Shingle Creek Pkwy, Brooklyn Provide Service between Center and 6155 Earle Brown Dr., Brooklyn Center (Qwest will provide and maintain the Service at the locations and quantities as requested by Customer and evidenced by Qwest records, hereby incorporated by reference.) Billing No. 612 -E01- 1512,683 Circuit No. 15.HCGL.102431.NW Optional Features: Comments: ❑ If checked, additional Service information is attached to this Acknowledgment, however, attachments will not add to or change, the regulations, rates, terms and /or charges of the Tariff. RATE PLAN The following Monthly and Nonrecurring Rates ( "Rates ") for Service reflect the Rates currently in effect in the Tariff. Customer understands the actual Rates will be what is in effect in the Tariff on the first date of installation of Service, or for existing Service, the date the service order is completed by Qwest. Customer shall also pay Qwest all applicable taxes, usual and customary surcharges, and all government imposed fees and charges that relate to the Service or installation rendered hereunder, excluding the Private Line Surcharge, if Customer qualifies, and if that box is appropriately checked on this Acknowledgment. Total Monthly Rate: $200.00 as of 06/19/2003 Total Nonrecurring Rate: $0.00 as of 06/19/2003 Customer has selected Tariffs Pricing Plan ( "Plan ") which protects the Rate from Qwest Initiated Rate increases for SIXTY (60) months ( "Plan Term "). Qwest shall notify Customer of the date Service ordered is available to Customer under this Agreement. In the event Customer is unable or unwilling to accept service at such time, the subject Service will be held available for Customer for a period not to exceed thirty (30) business days from such date Grace Period "). If after this Grace Period, Customer still has not accepted service Qwest may, at its sole discretion, after consultation with Customer her: (i) commence with regular monthly billing for the subject Service; or (ii) terminate the subject Service and invoice Customer for any applicable ncellation charges pursuant to the Tariff which shall include the full non - recurring installation charges that would have otherwise applied. Customer understands that if Customer disconnects Service, in whole or in part, after Service is installed, but prior to the completion of the Plan Term, Tariffs termination liability charges may apply. If termination is prior to installation of Service, termination liability charges shall be those reasonable costs incurred by Qwest through the date of termination. Such charges may include, but are not limited to all engineering, planning, preparation, materials, supplies, placement, facilities, acquisition, transportation, installation, construction, and labor costs and charges incurred by Qwest, or as specified in the Tariff. Furthermore, Customer understands that the Nonrecurring Rate cannot be rate stabilized and as such any additions or changes to Service will incur the then - current Tariff Nonrecurring Rate. Customer has chosen a Plan based on a specific term commitment and as such understands the rates provided herein are based upon Customer completing an entire Plan Term for the subject Service; therefore, ANY ADDITIONS TO SERVICE SHALL REQUIRE A NEW ACKNOWLEDGEMENT FORM DESIGNATING THE APPLICABLE PLAN TERM. This is a retail end user Acknowledgment. It may be assigned only with the consent of Qwest. Customer may not assign to a reseller or a telecommunications carrier under any circumstances. Any claim, controversy, or dispute between the Parties shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. ® If checked, Customer hereby certifies that Service listed above qualifies for exemption of the Private Line Surcharge in accordance with the Tariff under exemption category E6. Written notification will be provided to Qwest at such time the exemption is no longer applicable due to changes or re- termination of any Service. This Acknowledgment constitutes the entire understanding between Qwest and Customer with respect to Service provided herein and supersedes any prior acknowledgments, agreements, or understandings. Except as required for under applicable law or regulation, neither party shall, without the prior written consent of the other parry: (a) issue any press release or make any other public announcement regarding this Agreement or any relation between Customer and Qwest; or (b) use the name, trademarks or other proprietary identifying symbol of the other party or its affiliates. Such consent by Qwest may be given in the case of subparagraph (a) only by Qwest's Corporate Communications Department and in the case of subparagraph (b) only by Qwest's Chief Marketing Officer or his designee. Any purported consent by any other person, including any Qwest sales or customer service representative, is void and of no effect. City of Brooklyn Center Qwest Corporation , Authorized Signature Authorized Signature Myrna Kragness Name Typed or Printed Name Typed or Printed Mayor Title Title June 9, 2003 Date Date © 2002 Qwest Corporation Page 1 Version: 10 -4 -02 Agreement Number: QWEST CIRCUIT INVENTORY • QTY. or Channel Convert to NO. CIRCUIT I.D. /ADDRESS CIRCUIT TYPE Terminations SRS (YIN) � I � I ► 1 I I I I I ► ► 1 I I ► I I ► * CERTIFICATION: Qwest Sales Vice President *NOTE: Required for SRS Wholesale 36 month & 60 month Pricing Plans • © 2002 Qwest Corporation Page 2 Version: 10-4• It • Agenda ends Item No. 9e Y Council City of Brookly Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Co lmembers Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley i DATE: June 5, 2003 SUBJECT: CenterPoint Energy Minnegasco Franchise The franchise with CenterPoint Energy inne asco expires in June. We will continue to gY g p � p under old franchise until a new franchise is adopted.) The proposed ordinance has been drafted by the City Attorney and reflects the basic franchise ordinance model developed by the League of Minnesota Cities. The ordinance provides that the City may impose a franchise fee pursuant to State Law. The ordinance itself does not result in a franchise fee, but rather creates the ability to adopt a franchise fee ordinance, if the Council would determine at some other date to impose a franchise fee. 0 0 301 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 CITY OF BROOKLYN CENTER • Notice is here i that a public hearing to by given p bl he ing will be held on the 14 day of July at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider a natural gas franchise ordinance. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763 -569 -3308 to make arrangements. ORDINANCE NO. AN ORDINANCE GRANTING CENTERPOINT ENERGY MINNEGASCO, A DIVISION OF CENTERPOINT ENERGY RESOURCES CORPORATION, A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF BROOKLYN CENTER, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS • FOLLOWS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Brooklyn Center, County of Hennepin, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or an agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission or an successor agency Y g Y or agencies, including an agency of the federal government, that preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Minnegasco, a division of CenterPoint Energy Resources Corporation, a Delaware corporation, its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this franchise. ORDINANCE NO. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all • necessary equipment and appurtenances owned or operated by the Company for the purpose of providing gas energy for public or private use. Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. Non - Betterment Costs. Costs incurred by Company from relocation, removal or rearrangement of Gas Facilities that do not result in an improvement to the Gas Facilities. Notice. A writing served by any party or parties on any other parry or parties. Notice to Company shall be mailed to CenterPoint Energy Minnegasco, V.P., Regulatory & Supply Service, 800 LaSalle Avenue, Minneapolis, MN 55402 -2006. Notice to the City shall be mailed to the City Manager, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 -2113. Either party may change its address for the purpose of this Ordinance by written notice to the other party. Public Way. Public right -of -way within the City as defined in Minn. Stat. § 237.162, subd. 3. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. • SECTION 2. ADOPTION OF FRANCHISE. 2.1. Grant of Franchise. City hereby grants Company, for a period of 10 years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell gas for public and private use within - and through the limits of the City as its boundaries now exist or as they may be extended in the future. This right includes the provision of Gas that is (i) manufactured by the Company or its affiliates and delivered by the Company, (ii) purchased and delivered by the Company or (iii) purchased from another source by the retail customer and delivered by the Company. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such lawful regulations as may be adopted by separate ordinance and as currently exist under City Code, Sections 25 -1000 through 25 -1032 (the "Right -of -Way Ordinance "). The Company shall be notified 60 days in advance of proposed changes to the Right -of -Way Ordinance. The City and Company shall negotiate in good faith to reach mutually acceptable changes. If the City and Company are unable to agree, disputes will be handled under the terms of Section 2.5 of this Ordinance. If a provision of the Right -of -Way Ordinance conflicts with a provision on the same subject in this Ordinance, this Ordinance will control. • i ORDINANCE NO. • 2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect from and after adoption and upon thirty (30) days following publication of this Ordinance as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 90 Days after the date the City Council adopts this Ordinance, or otherwise places the City on written notice, at any earlier time, that the Company does not accept all terms of this franchise, the City Council by resolution may either repeal this ordinance or seek its enforcement in a court of competent jurisdiction. 2.3. Service and Gas Rates. The service to be rovided and the rates to e h b charged b P g Y Company for gas service in City are subject to the jurisdiction of the Commission 2.4. Publication Expense. The expense of publication of this Ordinance shall be paid by Company. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for any other relief permitted by law. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other parry of its intention to allow the franchise to expire. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1. Location of Facilities. Subject to regulation under the Right -of -Way Ordinance, Gas Facilities in the Public Way shall be located, constructed, and maintained so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds as determined by the City. 3.2. Restoration of Public Ways and Public Ground. Restoration of the Public Way shall be subject to the Right -of -Way Ordinance. After completing work requiring the opening of Public Ground, the Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shall be completed as promptly as weather permits. If Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition and after demand to Company to cure, City shall, after passage of a reasonable period of time following the demand, but not to exceed five days, have the right to make the • restoration of the Public Ground at the expense of Company. Company shall pay to the City the ORDINANCE NO. • cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section. 3.3. Waiver of Performance Securitv. The City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required under the Right -of -Way Ordinance currently or in the future. The City reserves all other rights under the Right -of -Way Ordinance to enforce Company performance requirements for work in the Public Way or Public Ground. 3.4. Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. SECTION 4. RELOCATIONS. 4.1. Relocation of Gas Facilities. Relocation of Gas Facilities in Public Ways shall be subject to the Right -of -Way Ordinance. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Grounds upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Grounds. Relocation Gas Facilities in Public Ground shall comply with applicable City ordinances consistent with law. • 4.2. Proiects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46, as supplemented or amended. 4.3. No Waiver. The provisions of Section 4 apply only to Gas Facilities constructed in reliance on a permit or franchise from City, and Company does not waive its rights under an easement or prescriptive right or State or County permit. SECTION 5. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 6. FRANCHISE FEE. 6.1. Form. During the term of the franchise hereby granted, and in addition to permit fees being imposed or that the City has a right to impose, the City may charge the Company a franchise fee. The fee may be (i) a percentage of gross revenues received by the Company for its operations within the City, or (ii) a flat fee per customer based on metered service to retail customers within the City or on some other similar basis, or (iii) a fee based on units of energy • delivered to any class of retail customers within the corporate limits of the City. The method of ORDINANCE NO. imposing the franchise fee, the percentage of revenue rate, or the flat rate based on metered service • may differ for each customer class or combine the methods described in (i) — (iii) above in assessing the fee. The City shall seek to use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. If the Company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company shall provide a formula that will produce a substantially similar fee amount to the City and reimburse the City's reasonable fees and costs in reviewing and implementing the formula. The City will attempt to accommodate the Company but is under no franchise obligation to adopt the Company - proposed franchise fee formula and each review will not delay the implementation of the City- imposed fee. 6.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least thirty (30) days after written notice enclosing such proposed ordinance has been served upon the Company. The fee shall become effective ten (10) days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. 6.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of gas energy within the City by any other gas energy supplier, provided that, as to such supplier, the City has the authority or contractual right to require a franchise fee or similar fee through a previously agreed upon franchise. • 6.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same notice requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 6.5. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. • I ORDINANCE NO. SECTION 7. LIMITATION ON APPLICABILITY, NO WAIVER. • This Ordinance constitutes a franchise agreement between the City and its successors and the Company and its successors and permitted assigns, as the only parties. No provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third parry beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 8. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Manager within 60 days after the effective date of the amendatory ordinance. SECTION 9. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes and replaces previous franchises granted to the Company or its predecessors. Upon Company acceptance of this franchise under Section 2.2, the previous • franchise shall terminate. Adopted this day of , 2003 Mayor ATTEST: Clerk Date of Publication Effective Date • City Council Agenda Item No. 9f BROOKLYN CENTER POLICE DEPARTMENT MEMORANDUM TO: Michael McCauley, City Manager FROM: Code Enforcement Team DATE: June 4, 2003 SUBJECT: Code Enforcement Activities • Current Status of Sween As of May 27, 2003, the East side of the City is nearly 70% completed for first inspections, and second inspections have begun on the southeast portion of the City. The southwest portion of the City is nearly 40% complete for first inspections and the northwest area of Brooklyn Center will be completed by both NLO's. We expect to complete first inspections of the entire City by June 15, 2003. The second round of inspections have been started, with an anticipated completion date of June 30, 2003. Concerns raised during sweep The housing of dogs, especially those that are considered dangerous, was a concern. This topic received much attention from the two pit bull attacks in April and its media coverage. • • Number of Violation(s) by Tvve Garbage Storage/Removal 50 Parts/Engines & Related Items 7 Accum. of Rubbish/Brush/Debris 82 Accum. of Junk/Furniture /Appli. 45 Illegal Parking/Storage of Vehicles 46 Unlicensed/Inoperable Vehicles 54 Yard Maintenance (Seed & sod) 1 Proper Addressing 11 Miscellaneous (14 Days) 2 Fences 14 Accessory Buildings 66 Windows/Doors /Screens 12 Stairs/Porches/Decks 7 Driving/Parking Area Repairs 12 Foundations/Ext Walls/Roofs 44 Miscellaneous (30 Days) 2 TOTAL 455 • Number of Letters Sent First Letters: 377 Second Letters 21 Compliance /Thanks You 119 Citation/Formal Complaints 4 TOTAL 521 Staffing ♦ The current NLO staff has worked a total of 128 hours on the Summer Sweep (1 NLO May 1st - present. The addition of a second NLO starting May 12, 2003 has added 80 hours towards the summer sweep). • • Progress Forecast First inspections of residential ro ert will be completed b Jun p p Y p y e 15, 2003. Second inspections are to be completed by June 30, 2003. First inspections of apartment buildings will begin on July 1, 2003. We are currently working with Marshall Fields to coordinate a beautification project on the property located at 5346 Emerson Ave N. This property is owned by an elderly person, and needs exterior paint as well as repair to window frames. The volunteers from Moltron Construction and Marshall Fields have expressed an interest in painting and repairing the home free -of- charge. Focus Grout) (Early Sweet)) 6031 Halifax: Formal Complaint - no extensions granted 7208 Dallas Rd: Numerous violations —time still remaining in compliance timeline 5655 BB: Numerous violations —time still remaining in compliance timeline 5649 BB: Numerous violations —time still remaining in compliance timeline • Extension/Work in Progress 5532 Logan Driveway 6007 Emerson Steps 5315 Camden Screen area 5327 Colfax Siding 5509 Girard Painting house 6001 Halifax PI Painting/soffits /fascia/steps 6600 Unity Fence /shed/soffits /fascias 5531 Northport Driveway 4821 Twin Lake Ave Driveway I • City Council Agenda Item No. 9g • MEMORANDUM DATE: June 5, 2003 TO: Michael McCauley, City Manager �r FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Authorizing an Agreement with Osseo School District No. 279 for Vacating an Existing Storm Sewer Easement at Garden City Elementary School On May 12, 2003, the Brooklyn Center City Council approved Planning Commission Application No. 2003 -004 for a Special Use Permit and Site and Building Plan Approval for the Garden City Elementary School site. The site plans included an expansion of the building that would encroach into an existing storm sewer easement along the southeast corner of the building. The supporting documents that accompanied the City Council materials included a memorandum from the Public Works Department indicating that any portion of the storm sewer easement that is used for building expansion will need to be vacated prior to construction. As required by City Ordinance, Section 25 -701, any person requesting vacation of any part of a • public street, alley, or easement must make application for consideration by the City Council. All such vacations are required to be made by ordinance. A site map and legal description for the portion of the easement to be vacated was received by fax on June 4, 2003. Osseo School District No. 279 is requesting that a building permit be issued to allow construction to begin on the southern portion of the building expansion. This would include construction for the portion of the building that will encroach into the existing easement. A representative for the School District has indicated that they will have difficulties if building construction is delayed while the request for easement vacation is processed through the standard ordinance process. The Public Works Department has reviewed the requested easement vacation map and discussed the issue with a representative for the School District. Based on a review of this information, serious concerns with the proposed easement vacation have not been identified at this time. A resolution authorizing the City Manager to develop an agreement with Osseo School District No. 279 to allow a building permit to be issued prior to easement vacation is provided for consideration by the City Council. The agreement will include stipulations that the City Council provides no commitments to approve the easement vacation request at this time and that the School District assumes all financial and other liabilities if the request for easement vacation is denied. • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING AN AGREEMENT WITH OSSEO SCHOOL DISTRICT NO. 279 FOR VACATING AN EXISTING STORM SEWER EASEMENT AT GARDEN CITY ELEMENTARY SCHOOL WHEREAS, Osseo School District No. 279 has requested a building permit to construct an expansion to the south side of the existing building at Garden City Elementary School; and WHEREAS, the construction of this portion of the school building will encroach on an existing storm sewer easement as determined from the information submitted by the owner; and WHEREAS, the permanent placement of the building within the encroachment area would require that the corresponding easement area be vacated; and WHEREAS, Osseo School District No. 279 has requested that a building permit for the southerly building expansion be issued prior to formal City Council consideration of the easement vacation request. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, • Minnesota that the Mayor and City Manager be and hereby are authorized to execute an agreement with Osseo School District No. 279 to allow issuance of a building permit for the southerly building expansion with the following conditions: 1. The agreement does not constitute formal approval of the easement vacation request. 2. The Owner shall submit all necessary documents for consideration of the easement vacation as determined by the Director of Public Works. 3. Osseo School District No. 279 assumes all financial and other liabilities if the request for easement vacation is denied 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. 9h Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AUTHORIZING AND DIRECTING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE INFRASTRUCTURE CONSTRUCTION FUND WHEREAS, as a result of Tax Court settlements during 2002, valuation and property taxes were reduced for several properties in the City; and WHEREAS, the City had established a reserve amount in anticipation of property tax court settlements; and WHEREAS, this abatement reserve was established in the General Fund from current tax revenues at $266,343; and WHEREAS, the anticipated property tax court settlements have been ordered and finalized; and WHEREAS, the property tax reductions were applied by Hennepin County to tax • increments and not to general property tax revenues; and WHEREAS, this resulted in a revenue recognition in 2002 of $266,343; and WHEREAS, the uncertainty of payments from the state of shared tax revenues including Market Value Homestead Credit and Local Government Aid for the City during the last quarter of 2002 resulted in no equity transfer from the General Fund to the Infrastructure Construction Fund based on available fund balance as of December 31, 2001; and WHEREAS, the calculation of this equity transfer would have resulted in a transfer of $500,000 to the Infrastructure Construction Fund to support the City's share of street improvement projects; and WHEREAS, this equity transfer provides capital to continue the street reconstruction program established by the City Council. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that an equity transfer of the tax abatement reserve that is no longer necessary, in the amount of $266,343, be made from the General Fund to the Infrastructure Construction Fund effective December 30, 2002. BE IT FURTHER RESOLVED that an equity transfer in the amount of $500,000 be made from the General Fund to the Infrastructure Construction Fund effective December 30 2002. RESOLUTION NO. • 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. • Memorandum Date: June 5, 2003 To: Michael McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Equity Transfer from General Fund to Infrastructure Construction Fund The attached resolution provides for an equity transfer from the General Fund to the Infrastructure Construction. This transfer will support the ongoing street reconstruction program initiated by the City Council. Tax abatements were recognized as a potential liability to the City as property values stagnated or declined. This was certainly true in the case of Brookdale Mall prior to the extensive remodeling. In response to the stagnating values and the potential for a property tax court appeal, the City established a reserve that would provide the necessary funds to repay property taxes that were a direct result of lowered property values. The • reserve amount was predicated on the lower property values requested by commercial and retail property owners at the time the valuation appeal was submitted to the court. It represented the potential liability should the property owners prevail in their appeal. A settlement was reached and Hennepin County determined that the amount to be abated was properly charged to tax increment collections as opposed to general property tax revenues. The decision by Hennepin County lowered the amount of tax increment received by the City in TIF District #3 but did not reduce the amount received in general tax revenues. The original reserve amount was established in the General Fund from current tax collections. With the settlement of these property tax appeals and the charge to TIF District #3, this reserve in the General Fund is no longer necessary. As a means to support the street reconstruction program, we are suggesting that the reserve amount be transferred to the Infrastructure Construction Fund. The amount of the transfer would be the amount of the reserve, $266,343. A second transfer is being suggested to recognize an equity transfer that could have been made in 2002 but was withheld because of the uncertainty of Local Government Aid and Market Value Homestead Credit Aid payments by the state. These payments became subject to some political haranguing between the governor elect and the sitting governor. If the governor had un- allotted the amounts due cities, the City stood to lose more than $1.0 million in aid payments. The decision to make the payments was made during the last week of December, 2002. • The amount of the suggested transfer, $500,000, is approximately the amount that could have been transferred, as part of the Fund Balance calculation that has resulted in a transfer each year to support the re- construction program. This transfer, plus the budgeted transfers from General Fund, have supported the re- construction program. For 2003 financial statements, all such transfers will be considered operating transfers. There will not be a differentiation between equity and budgeted transfers. The effective date of these transfers is December 30, 2002 in recognition of the action that could have been taken before years end. It was suggested by the auditor that these be made as part of the 2002 year end adjustments and transfers. •