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HomeMy WebLinkAbout2003 08-25 CCP Regular Session i AGENDA CITY COUNCIL STUDY SESSION August 25, 2003 6:00 P.M. City Council Chambers 1. City Council discussion of agenda items and questions 2. City Prosecutor report on Summerchase 3. Miscellaneous 4. Adjourn i Public Copy • CITY COUNCIL MEETING City of Brooklyn Center August 25, 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. August 11, 2003 - Study Session 2. August 11, 2003 - Regular Session 3 August 11, 2003 - Work Session b. Licenses C. Approval of a Contract Between the City of Brooklyn Center, School District No. 286, and Hennepin County for the Use of Brooklyn Center's County -owned Election • Equipment by the School District • CITY COUNCIL AGENDA -2- August 25, 2003 d. Approval of Applications for Exempt Permits (Raffles) from Minnesota Chapter 18 TelecomPioneers for Events on January 23, April 16, and August 20, 2004 e. Approval of Application and Permit for a Temporary On -Sale Liquor License Submitted by St. Alphonsus Parish, 7025 Halifax Avenue North f. Resolution Establishing Liquor License Investigation Fees g. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees h. Resolution Providing for Hearing on Proposed Special Assessments for Delinquent Public Utility Service Accounts i. Resolution Authorizing the Purchase of Property in a Pending Condemnation Action, Mississippi Riverbank Protection Project, Improvement Project No. 1999 -11 8. CenterPoint Rental License a. Report from Prosecuting Attorney William Clelland - Requested Council Action: - Motion to reinstate regular rental license. 9. Presentations a. Bob Thistle, Springsted, Inc. - Canceled Bond Issue 10. Public Hearings a. An Ordinance Vacating a Portion of Street Right -of -Way: Shingle Creek Parkway South of 69 h Avenue North -This item was first read on July 14, 2003, published in the official newspaper on July 24, 2003, offered for second reading and public hearing on August 11, 2003, at which time was tabled. - Requested Council Action: -Re -open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. • • CITY COUNCIL AGENDA -3- August 25, 2003 b. An Ordinance Pertaining to the Licensing of Rental Units in the City of Brooklyn Center -This item was first read on July 28, 2003, published in the official newspaper on August 7, 2003, and is offered this evening for second reading and public hearing. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 11. Planning Commission Items a. Planning Commission Application No. 2003 -012 Submitted by SPM Construction Co. and Holiday Stationstores. Request for Rezoning and Development Plan Approval Through the Planned Unit Development (PUD) Process for Two Parcels of Land at the Southeast Corner of Shingle Creek Parkway and 69`" Avenue North. The Planning Commission recommended approval of this application at its August 14, 2003,meeting. • 1. Resolution Regarding the Disposition of Planning Commission Application No. 2003 -012 submitted by SPM Construction Co. and Holiday Stationstores 2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (southeast corner of Shingle Creek Parkway and 69 Avenue North) -Requested Council Action: - Motion to adopt resolution. - Motion to approve first reading and set second reading and public hearing on September 22, 2003. b. Planning Commission Application No. 2003 -013 Submitted by Bernard and Kathleen Swanson. Request to Uncombine, or Resubdivide, Two Platted Lots that had Previously Been Combined for Tax Purposes at 6213 Unity Avenue North. The Planning Commission recommended approval of this application at its August 14, 2003, meeting. -Requested Council Action: - Motion to approve Planning Commission Application No. 2003 -013 subject to the Planning Commission recommendations. • I • CITY COUNCIL AGENDA -4- August 25, 2003 C. Planning Commission Application No. 2003 -014 Submitted by Eastbrook Properties, LLC (David Evanson). Request for Preliminary Plat Approval to Subdivide the Lot at 711 69 Avenue North Into Six Single Family Lots, an Outlot and Street Right -of- way. The Planning Commission recommended approval of this application at its August 14, 2003, meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 2003 -014 subject to the Planning Commission recommendations. d. Planning Commission Application No. 2003 -015 Submitted by Peter B. Myers. Request for Preliminary Plat Approval to Divide and Combine Two Parcels of Land Located on the South Side of 69'' Avenue North, Westerly of Humboldt Avenue, to Create a Newly Configured Lot for the Earle Brown Farm Apartments (1701 69 Avenue North) and 21 Townhome Lots and an Outlot for a Proposed Townhome Development. The Planning Commission recommended approval of this application at its August 14, 2003, meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 2003 -015 subject • to the Planning Commission recommendations. e. Planning Commission Application No. 2003 -016 Submitted by Peter B. Myers. Request for Site and Building Plan Approval for a 21 Unit Townhome Complex With a Common Area on a 2.33 Acre Site Proposed for Creation Under Planning Commission Application No. 2003 -015. The Planning Commission recommended approval of this application at its August 14, 2003, meeting - Requested Council Action: - Motion to approve Planning Commission Application No. 2003 -016 subject to the Planning Commission recommendations. 12. Council Consideration Items a. Resolution Expressing Appreciation for the Gift of Target Stores in Support of After School Art Programs -Requested Council Action: - Motion to adopt resolution. b. Resolution Promoting Racial Equality Week September 29 through October 4, 2003 - Requested Council Action: - Motion to adopt resolution. • • CITY COUNCIL AGENDA -5- August 25, 2003 C. Resolution Establishing the Street Construction Fund -Requested Council Action: - Motion to adopt resolution. d. Selection of Firm to Provide Civil Legal Services -Requested Council Action: - Council direction. e. Resolution Calling for a Public Hearing on the Issuance of Health Facilities Revenue Bonds Group Health Plan Inc. Project - Requested Council Action: - Motion to adopt resolution. f. Request to Charter Commission to Review Proposed Charter Amendment for Administrative Fines - Requested Council Action: - Council discussion and direction to staff. • g. 2003 City Council Meeting Schedule Amendments -Requested Council Action: - Motion to add a City Council Work Session on October 13, 2003, immediately following the Regular City Council meeting; amend October 20, 2003, Work Session to 6:30 p.m.; and change the location of Informal Open Forums and Study Sessions to the Council Chambers. h. Mayoral Appointment to Housing Commission -Requested Council Action: - Motion to ratify Mayoral nomination. i. Resolution Amending the Schedule for Rental Dwelling License Fees - Requested Council Action: - Motion to adopt resolution. j. Hearing of Appeal for 5240 Drew Avenue North -Requested Council Action: - Motion to open hearing. -Input - Motion to close hearing. - Council direction. • 13. Adjournment 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 STUDY SESSION AUGUST 11, 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, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Council discussed City Council Agenda items 7c Resolution Regarding g g ng Tax Forfeited Land; 8a, An Ordinance Vacating a Portion of Street Right -of -Way: Shingle Creek Parkway South of 69 Avenue North; 9e, An Ordinance Amending Chapter 11 of the Brooklyn Center Code of Ordinances Regarding Hours of Operation for Liquor Establishments and Report on Additional Fees for 2:00 a.m. Closing; 9f, Report on Taxicab Licensing; 7f, Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees; and 7g, Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2003 -13, 2003 Street Sealcoat. Councilmember Carmody informed that she would not vote for the ordinance vacating a portion of street right -of -way for Shingle Creek if all the trees are removed and there is no screening in that area. Councilmember Niesen expressed that she believes the City should be doing something to help with the diseased trees and suggested that staff contact the University of Minnesota for help with the diseased trees. Public Works Director /City Engineer Todd Blomstrom informed that staff is working with the University of Minnesota. • I 08/11/03 -1- DRAFT CITY ATTORNEY REPORT ON OPEN MEETING LAW • City Attorney Charlie LeFevere outlined the contents of his opinion on the applicability of the Open Meeting Law to e -mail communication and informed that the Court might consider a number of factors in making a decision including subject matter of the communication, number of people involved, substantive discussion, extent of the communication, public discussion of issue, need for public discussion, and purpose to avoid public discussion. He suggested that the Council direct all e- mails received to the City Manager to avoid potential problematic situations. MISCELLANEOUS There were no miscellaneous items discussed. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Carmody to adj ourn the Study Session at 6:47 p.m. Motion passed unanimously. City lerk Ma • Y or Y • 08/11/03 -2- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 11, 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 6:45 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, 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 The Council adjourned the Informal Open Forum at 6:47 p.m. 2. INVOCATION Margaret Dillon, St. Alphonsus Church, 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 7:03 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, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. • 08/11/03 _1_ DRAFT 5. PLEDGE OF ALLEGIANCE • The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Carmody reported that she attended a Hennepin County Reform Assistance Program and a meeting held regarding deer management. Councilmember Lasman reported that she attended a Crime Prevention Program meeting on July 16, 2003; the 20 Neighborhood Watch Celebration on July 23, 2003; and National Night Out on August 5, 2003. She informed that there would be a Senior Fair on October 11, 2003. Councilmember Peppe reported that he attended the Financial Commission meeting on August 4, 2003; and that the Financial Commission is one step closer to handling the budget. Councilmember Niesen reported that she participated in National Night Out on August 5, 2003,with her neighborhood and expressed thanks to those who helped with National Night Out. Mayor Kragness reported that she was not able to attend National Night Out this year due to foot surgery. She informed that she had attended a Community Giving Program sponsored by Marshall Field's and that Evergreen Park Elementary was presented $3,000 for their reading program. She discussed that every year Marshall Field's, Mervyn's, and Target stores provide $7,000 per year and • that the other two stores should be checked into for next year. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the July 23, 2003, special session and the July 28, 2003, study and regular sessions meeting minutes. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses. Motion passed unanimously. MECHANICAL Dave's Heating & Air Inc. 116013 7 th Avenue NE, Columbia Heights S B S Mechanical Inc. 7160 Madison Avenue West, Golden Valley • 08/11/03 -2- DRAFT • RENTAL Renewal: 4700 68 Avenue North Michael and Kristina Bowe 5444 Bryant Avenue North Ralph Johnson 5316 Russell Avenue North Lewis and Vivian Hedlund Initial: 370147"' Avenue North Drew Kabanuk 5347 -53 Brooklyn Boulevard Randy Cook 5715 Knox Avenue North Xiong Yang 5223 Twin Lake Boulevard E Donna Kabanuk SIGN HANGER Color Sign Service, Inc. 11096 61 Street NE, Albertville 7c. RESOLUTION REGARDING TAX FORFEITED LAND RESOLUTION NO. 2003 -114 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION REGARDING TAX FORFEITED LAND • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7d. APPROVAL OF CONTRACT BETWEEN THE CITY OF BROOKLYN CENTER, SCHOOL DISTRICT NO. 011, AND HENNEPIN COUNTY FOR THE USE OF BROOKLYN CENTER'S COUNTY -OWNED ELECTION EQUIPMENT BY THE SCHOOL DISTRICT A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve a contract between the City of Brooklyn Center, School District No. 011, and Hennepin County for the use of Brooklyn Center's County -owned election equipment by the School District. Motion passed unanimously. 7e. AMENDING 2003 CITY COUNCIL MEETING SCHEDULE A motion by Councilmember Lasman, seconded by Councilmember Carmody to amend the August 18, 2003, Work Session to 6:30 p.m.; reschedule the October 6, 2003, Work Session to October 20, 2003; and amend the City Council Retreat to 8:30 a.m. Motion passed unanimously. 7f. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES S 08/11/03 - -3 DRAFT RESOLUTION NO. 2003-115 • Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7g. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2003-13,2003 STREET SEALCOAT RESOLUTION NO. 2003 -116 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2003 -13, 2003 STREET SEALCOAT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7h. RESOLUTION APPROVING FINAL PLAT FOR ONEILLS ESTATES • RESOLUTION NO. 2003 -117 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT FOR ONEILLS ESTATES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE VACATING A PORTION OF STREET RIGHT -OF -WAY: SHINGLE CREEK PARKWAY SOUTH OF 69 AVENUE NORTH City Manager Michael McCauley discussed that Xcel Energy had requested additional time to review issues in relation to an existing easement that did not appear on the preliminary plat. He suggested tabling the ordinance to the August 25, 2003, meeting. 08/11/03 -4- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Peppe to table the ordinance to August 25, 2003. Motion passed unanimously. 8b. AN ORDINANCE VACATING A PORTION OF UTILITY EASEMENT ALONG GARDEN CITY ELEMENTARY SCHOOL, OSSEO SCHOOL DISTRICT NO. 279 Mr. McCauley discussed that Garden City Elementary School is planning an expansion and that this ordinance vacation request is for a portion of utility along Garden City Elementary School, Osseo School District No. 279. A motion by Councilmember Carmody, seconded by Councilmember Lasman 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. ORDINANCE NO. 2003 -08 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A PORTION OF UTILITY EASEMENT ALONG GARDEN CITY ELEMENTARY SCHOOL, OSSEO SCHOOL DISTRICT NO. 279 The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 8c. AN ORDINANCE AMENDING CHAPTERS 11 AND 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO LIQUOR LICENSING AND GENERAL LICENSING REGULATIONS Mr. McCauley discussed that currently the licensing operation is divided between the Police and Administration Departments. This ordinance amendment would streamline and create more • uniformity with services consolidated in one place. 08/11/03 -5- DRAFT 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 Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003-09 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 11 AND 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO LIQUOR LICENSING AND GENERAL LICENSING REGULATIONS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION RECOGNIZING AND COMMENDING WINNERS OF THE 2003 LANDSCAPE AND GARDEN CONTEST • Mr. McCauley presented a PowerPoint presentation of the following winners from the 2003 Landscape and Garden Contest. Councilmember Lasman read the resolution acknowledging the following: Judge's Award for Outstanding Backyard Garden - Barbara Mielke, 7230 Bryant Avenue North Judge's Award for Outstanding Landscape / Hardscape - Walt Wenholz, 501 69 Avenue North Judge's Award for Most Transformed Space - Clarice Bailey, 5424 Irving Avenue North Judge's Award for Best Small Space Garden - Nancy Blom, 2820 67 Lane North RESOLUTION NO. 2003 -118 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING AND COMMENDING WINNERS OF THE 2003 LANDSCAPE AND GARDEN CONTEST The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 08/11/03 -6- DRAFT • • 9b. REPORT ON DEER MANAGEMENT Mr. McCauley discussed that Assistant City Manager/Director of Operations Curt Boganey held a meeting to discuss deer and that the vast majority of the citizens who attended requested that the City proceed with the development of a deer management plan. He informed that if the Council were to direct staff to proceed with the development of a deer management plan that the completed target g p p g date would be the end of October 2003. This deer management plan would come back t g p o the Council for consideration. Councilmember Carmody questioned if the deer hunting process would have to be done during hunting season and how the citizens will be notified of this process. Mr. Boganey informed that the hunting season is September 1 through December 31, 2003, and that this process can also be done by permit if the process is done during a timeframe other than hunting season. Mr. McCauley discussed that the notification to residents will be determined as part of the development of the deer management plan. Councilmember Carmody expressed that she would like to keep the costs minimal for this process. A motion by Councilmember Lasman, seconded by Councilmember Niesen to direct preparation of a draft deer management plan. Motion passed unanimously. 9c. RESOLUTION AUTHORIZING THE CONSENT TO ENTER INTO • DISCUSSIONS WITH THE HENNEPIN COUNTY BOARD REGARDING PUBLIC SAFETY COMMUNICATION SERVICES Mr. McCauley discussed that this resolution would authorize entering into discussions with the Hennepin County Board regarding public safety communication services. The purpose of the discussions will be to explore potential provision of dispatch services by Hennepin County. Councilmember Niesen expressed concern about the dispatching being done through Hennepin County since there are several other cities already being provided dispatching services through Hennepin County. Mayor Kragness discussed that she had been visited the New Hope 911 Service Station and that she believes all calls will be answered with the same efficiency. Councilmember Lasman expressed that she would like a ratio included with a total per capita on calls included with the outcome of the discussions. Councilmember Niesen expressed that she would like to hear what the City's current dispatchers and officers have to say about this issue. RESOLUTION NO. 2003 -119 Councilmember Lasman introduced the following resolution and moved its adoption: • 08/11/03 -7- DRAFT RESOLUTION AUTHORIZING THE CONSENT TO ENTER INTO DISCUSSIONS WITH THE HENNEPIN COUNTY BOARD REGARDING PUBLIC SAFETY COMMUNICATION SERVICES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9d. CODE ENFORCEMENT REPORT Mr. McCauley presented a PowerPoint presentation on the report received from the Code Enforcement team. He summarized the 1,010 violations and informed that there had been 816 first letters, 174 second letters, 597 compliance /thank you letters, and that there had been seven citation/formal complaints received. Councilmember Niesen questioned who receives the compliance letters if a home is not occupied. Mr. McCauley discussed that the landlord receives the letter and that if someone out of state is renting a property, the owner must have local management. 9e. AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING HOURS OF OPERATION FOR LIQUOR ESTABLISHMENTS AND REPORT ON ADDITIONAL FEES FOR 2:00 A.M. CLOSING Mr. McCauley informed the Council that two draft ordinances had been prepared and that Council • direction is required before introducing a first reading and setting a second reading. The first draft, (Revised Draft A) ordinance would require a licensed premise that opts to stay open until 2:00 a.m. to conform to State Statutes and obtain the State license, as well as obtain a special license from the City with proposed fees for the extended hour. The second draft (Draft B) would require a licensed premise that opts to stay open until 2:00 a.m. to conform to State Statutes and obtain the State license with no additional special license from the City and no additional fees. Mayor Kragness expressed that she believes it would be in the best interest for the City to charge an additional fee for the additional police hours that will be required with the 2:00 a.m. closings. Mr. McCauley noted that if the Council were to approve the first reading on one of the drafted ordinances, the date for the second reading and public hearing would need to be set for September 22, 2003, in order to notify the liquor license holders of the public hearing within the requested timeframe. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the Revised Draft A ordinance first reading and set second reading and public hearing on September 22, 2003. Motion passed unanimously. 08/11/03 -8- DRAFT • i . 4 4 9f. REPORT ON TAXICAB LICENSING Mr. McCauley discussed that the Police Department had done some research and had contacts with All Around Transportation and the Metropolitan Airports Commission (MAC) regarding licensing procedures for taxicabs. After conversations and research regarding the licensing of taxicabs, it is recommended that the Council consider re- enacting a taxicab license for taxicab companies. It appears that the ability to have other entities license taxicabs in lieu of the City is becoming unfeasible. If the Council were to consider re- enacting a taxicab license for taxicab companies, the individual taxicab companies will do the screening, maintain a roster of drivers, and complete background checks along with monitoring the driver's eligibility. It was the consensus of the Council to pursue re- enacting of the taxicab license ordinance. 9g. SET AUGUST 18, 2003, AT 6 P.M. FOR SPECIAL CITY COUNCIL MEETING TO CONSIDER UTILITY RELOCATION DE- WATERING REQUEST FROM MN/DOT Mr. McCauley requested that the Council set a special meeting to consider a utility relocation de- watering request from the Minnesota Department of Transportation (Mn/DOT). A motion by Councilmember Lasman, seconded by Councilmember Carmody to set August 18, 2003, 6:00 p.m. for Special City Council meeting to consider utility relocation de- watering request • from Mn/DOT. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adj ourn the City Council meeting at 8:00 p.m. Motion passed unanimously. City Clerk Mayor • 08/11/03 -9- 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 CITY COUNCIL WORK SESSION AUGUST 11, 2003 COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met in a work session and was called to order by Mayor Myrna Kragness at 8:26 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 Deputy City Clerk Maria Rosenbaum. GARY GROVE, 6520 EWING AVENUE Gary Grove, 6520 Ewing Avenue, did not appear to speak to the Council. • COUNCILMEMBER NIESEN: PUBLIC HEARINGS, AGENDA CONTENT AND PROCESS, CITY COUNCIL MINUTES, POLICY ON SEMI - ANNUAL REPORTING ON LOST PROPERTY RECEIVED AND DISPOSED, AND LIAISON TO SHINGLE CREEK WATERSHED COMMISSION AND MINUTES FROM MEETINGS Councilmember Niesen had asked the Council to discuss the above topics for clarification and expressed the following: Public Hearings. Her frustration with the public hearing process is that the individuals that are speaking during the public hearings do not get an opportunity to readdress the Council when the public hearing is closed. Mayor Kragness discussed that the public hearings are not for debate; they are for public input. City Manager Michael McCauley discussed that the process has been a report to the Council provided by staff before a public hearing is opened. The public hearing is opened for public input and then closed. The Council may ask staff or the experts that are present relating to the issue to address the Council for further discussion. Councilmember Niesen asked if there were guidelines for the public hearing process. Mr. McCauley responded that he believes there are guidelines in the Council Handbook. Councilmember Peppe suggested that she look at the guidelines and come back to the Council with options or suggestions if she so desired to amend the guidelines. Councilmember Niesen informed that she would review the guidelines and bring back to the Council any alternatives she may suggest. • 08/11/03 -1- DRAFT Agenda Content and Process. Mr. McCauley discussed that the process of the agenda content and • process is set up by the City Charter. Most agenda items are routine; however, there are at times individuals that would like to make an appearance before the City Council. Those individuals are asked to submit materials for the agenda packet. City Council Minutes. Councilmember Niesen questioned if there is anything written in the City Charter regarding record keeping of official minutes. She expressed that she believes the videotapes should be kept as a permanent record and that she does not believe the what, where, when, who, why, and how are always included in the minutes. Mr. McCauley discussed that the videotapes are not kept as a public record; they are used to help create the official written minutes. The official written minutes are to be approved by the Council and kept as an official record. Mr. McCauley asked if the Council would like more detail provided in the minutes. Councilmember Niesen expressed that she would like the minutes to reflect more of the who, what, and why. Mayor Kragness discussed that the Council should contact the City Manager with amendments to be made to the minutes and that the amendments can be made if within reason to what was said at the meeting. Policy on Semi - annual Reporting on Lost Property Received and Disposed. Councilmember Niesen questioned if there would be a problem with getting an annual report on the lost property received and disposed. Mr. McCauley discussed that the recently adopted ordinance required all lost and found property to be sent to the auction or destroyed if it had no value. Reports could be provided, but would not result in any particularly useful information since it would only show what came in and its disposition. The earlier issue of retaining property was obviated by the ordinance requirement that all such property be auctioned, or if of no value destroyed. She questioned the • number of tickets written and the police quotas. Mr. McCauley discussed that quotas are illegal. In targeted traffic enforcement rough estimates are developed as targets for the project, but no Officer has a quota. Liaison to Shingle Creek Watershed Commission and Minutes from Meetings. Councilmember Niesen expressed that she would like to have a liaison to this commission and receive minutes from the meetings. She believes that the City needs to know what is going on with this commission and that this commission is one of the City's assets. Mr. McCauley did not think that it would be a problem to get the minutes and provide them to the Council. Mayor Kragness suggested that Graydon Boeck be asked to make a presentation to the Council on behalf of the commission. Councilmember Carmody discussed that it has never been an expectation of any other City liaison and that the Council needs to be consistent with all commissions. Councilmember Lasman suggested that Mr. Boeck be contacted and asked what he believes would be beneficial to these requests. • 08/11/03 -2- DRAFT • COUNCILMEMBER LASMAN: LEAGUE OF MINNESOTA CITIES ANNUAL CONFERENCE Councilmember Lasman discussed that she attended a recent League of Minnesota Cities Annual Conference and that she wanted to share some information about clustering of businesses She believes that the City of Brooklyn Center needs to consider and build on medical clustering. The Council continued discussions on what else and how the clustering of businesses could be handled. COUNCILMEMBER CARMODY: GUN ISSUE AND HANDLING AND COMMUNICATING REGARDING CITIZEN INQUIRES TO THE WHOLE COUNCIL Councilmember Carmody reviewed materials from the League of Minnesota Cities and questioned whether or not the Council wished to pursue the signage for guns at City Hall. Mr. McCauley informed that City staff is working on a policy for employees and volunteers prohibiting guns. Councilmember Carmody informed that she had asked that this topic be on an agenda to have the communication process explained for all Council Members. Mayor Kragness informed that all materials should be directed to the City Manager. Mr. McCauley discussed that communicating things on the miscellaneous section of a Study Session is a good way to communicate information. COUNCILMEMBER PEPPE: PARKING ON JERRY'S NEW MARKET SITE • Mr. McCauley informed that the parking issues at Jerry's New Market are being addressed and that no trespassing signs have been ordered and will be installed by the owner. Jerry's New Market has also hired a towing service. SECOND LIQUOR STORE STUDY Mr. McCauley requested direction from the Council in regards to a second liquor store. Mayor Kragness suggested that staff move forward with negotiating a lease for a second liquor store. Council consensus was for staff to negotiate a lease for Council consideration. REVIEW OF LEGAL SERVICE PROPOSALS Mr. McCauley requested direction from the Council as to whether or not they would like to conduct interviews of the firms that had submitted proposals and are recommended. Kennedy and Graven and Jensen, Bell, Converse, and Erickson were the two recommended firms. Mayor Kragness expressed that she would like to stay with Kennedy and Graven. Councilmember Niesen expressed that she would like to hold interviews. It was the consensus of the Council to put the proposals on an agenda and make a decision at that time. • 08/11/03 -3- DRAFT • NEXT WORK SESSION DATE It was the consensus of the Council to set the next work session on October 13, 2003, after the Regular City Council meeting. An agenda item to add this work session to the 2003 meeting schedule will be on the August 25, 2003, agenda for approval. MISCELLANEOUS Council discussed the traffic issue on 61" Avenue North between June Avenue. Mr. McCauley informed that the Traffic Safety Committee is studying this issue. Council discussed the Informal Open Forum process. It was determined to hold the Study Session and Informal Open Forum meetings in the Council Chambers. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Carmody to adjourn the work session at 10:21 p.m. • City Clerk Mayor • 08/11/03 -4- DRAFT City Council Agenda Item No. 7b City of y o Brooklyn Center A Millennium Community • TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City l rk DATE: August 20, 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 August 25, 2003. GARBAGE HAULERS Environmental Recycling Inc. 505 Hardman Avenue, South St. Paul MECHANICAL Binder Heating A/C 222 Hardman Avenue North, So. St. Paul Midland Heating & A/C 6442 Penn Avenue South, Richfield Minnesota Heating & Air 1070193 d Avenue North, Maple Grove RENTAL Renewal: 5337 70 Circle - Gary Bistodeau No Calls 5001 Ewing Avenue North (4 units) - Bart Dabrowski 040503 Assault 5 with arrest 012503 Assault 5 101802 Theft 101702 Disturbing the peace 083002 Crime against administration of justice with arrest 6012 Zenith Avenue North - Hearthstone Properties 080203 Juvenile runanway with arrest 071803 Crime against administration of justice 060303 Criminal sexual conduct 4 with arrest 031503 Juvenile runaway 031003 Motor vehicle theft with arrest 010403 Juvenile runaway with arrest 120902 Found property 100502 Juvenile runaway 091902 Terroristic threats with juvenile arrest 091802 Juvenile runaway with arrest 072302 Juvenile runaway 0301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www. cityo fbrooklyncenter.org Initial: 3513 47`' Avenue North (11 units) - Richard Grommes 062303 Domestic • 040503 Disturbing the peace 112302 Suspicious activity 100702 Domestic 100102 Felony property damage 3613 47 Avenue North (11 units) - James Lewis 080203 Disturbing the peace 072903 Utility repairs 071703 Aid and assist 071703 Domestic 071503 Impounded animal 071403 Domestic 070803 All other 063003 Crime against family 061703 Other jurisdiction with arrest 061203 Other jurisdiction with arrest 060303 Aid and assist 050803 Suspicious activity 050703 Medical 050703 Hit and run property damage 042203 Medical 042003 Suspicious activity 040903 Medical 040403 Theft 040203 Disturbing the peace • 040203 Aid and assist 022603 Other jurisdiction 022103 Domestic assault with arrest 022003 Disturbing the peace with arrest 021203 Aid and assist with arrest 020303 Animal complaint with arrest 012503 Disturbing the peace with arrest 012103 Medical with arrest 010403 Medical with arrest 123002 Suspicious activity with arrest 121702 All other with arrest 121502 Disturbing the peace with arrest 121402 Medical with arrest 121302 Medical with arrest 120602 Disturbing the peace with arrest 112902 Medical with arrest 111002 Disturbing the peace with arrest 100702 Aid and assist 100602 Assault 093002 Disturbing the peace 092902 Assist other jurisdiction 092602 Disturbing the peace 091602 Parking violation 091602 Domestic • 091502 Weapons offense 081102 Parking violations 080602 Noise abatement with arrest 5118 66"' Avenue North - Scott Hanson and Wade Klick 080803 Medical 5563 Humboldt Avenue North - Andrew Hanson • 072103 Assist other jurisdiction with juvenile arrest 060903 Suspicious activity with juvenile arrest 072602 All other with juvenile arrest 6001 June Avenue North - Toua Hang 091202 Alarm • • I City Council Agenda Item No. 7c Hennepin County Taxpayer Services • ElectionsNoter Registration 612 - 348 -5151, Phone • A -600 Government Center 612 - 348 -9677, Fax 300 South 6th Street www.co.hennepin.mn.us Minneapolis, MN 55487 -0060 August 11, 2003 Sharon Knutson City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Sharon, Enclosed please find a consent of assignment of contract between the City of Brooklyn Center, School District No. 286 and Hennepin County for use of Brooklyn Center's county -owned election equipment by the school district in this fall's election. Please note that this is a three -way agreement that must be approved by all three parties. This original document must be signed and dated by the proper authority. Please forward the signed agreement to School District No. 286 for their approval and signature. They should then • mail the original document back to our office. After the County Board's approval, and when the document is finalized, we will forward a copy to you and to School District No. 286. Please note the county attorney has approved the language in the agreement so that it is standard for all jurisdictions using equipment this fall. Because it is a pre- approved standard agreement your city and the school district must approve all of the clauses and language contained within with no additional changes. If there are additional conditions you feel are needed please do so in a separate agreement between your city and the school district. Due to the complexity of this issue, our time to expedite this agreement is extremely limited. Please do whatever you can to assist us in executing this agreement. Sincerely, ,Z4, �O cSl� Michelle D. DesJardin Elections Manager Enclo: Agreement No. A031142 Cc: Debbie Felten, Brooklyn Center, ISD 286 An Equal Opportunity Employer Recycled Paper Agreement No. A031142 HENNEPIN COUNTY, BROOKLYN CENTER SCHOOL DISTRICT 286 & THE CITY OF BROOKLYN CENTER CONSENT OF ASSIGNMENT OF CONTRACT NO. A07910 THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, the INDEPENDENT SCHOOL DISTRICT 286 AND THE CITY OF BROOKLYN CENTER, all political subdivisions of the State of Minnesota, hereinafter referred to as the "County ", the "School District" and "City" respectively. For purposes of this Agreement, the address of the County is A2300 Government Center, Minneapolis, Minnesota 55487, the address of the City is 6301 Shinale Creek Parkwav, Brooklvn Center, Minnesota 55430 and the address of the School District is 6500 Humboldt Avenue N, Brooklvn Center, MN 55430. WITNESSETH WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 99 -6 -426 authorized the purchase of election equipment (hereinafter "Election Equipment ") for a countywide optical scan voting system, election hardware and O services through the State of Minnesota Cooperative Purchasing Agreement; and WHEREAS, the County pursuant to Minn. Stat. § 383B.145, Subd. 9 may transfer County property from the City to the School District for the School District's use; and WHEREAS, the County desires to lease Election Equipment to the School District for use at the 2003 School District general and /or special elections; and NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County, the City and the School District agree as follows: Section 1 SCOPE OF AGREEMENT 1.1 The County hereby leases to the School District at the cost identified below and subject to the terms and conditions of this Agreement, and the .School District hereby agrees to lease from the County Election Equipment identified as: one (1) Model 100 Optical Scan Precinct Count Unit including two (2) PCMIA memory cards, one (1) Model 100 metal ballot box, and one (1) Model 100 cover carry • case for polling places contained within the School District. Section 2 OWNERSHIP 2.1 The City and the School District acknowledges that the County owns the Election Equipment and that the School District is authorized to use said Election Equipment for official election related purposes. Use of the Election Equipment for any other purpose is strictly prohibited absent express written consent of the County. 2.2 The School District acknowledges and agrees that the Election Equipment may contain proprietary and trade secret information that is owned by Election Systems and Software (ESS) and is protected under federal copyright law or other laws, rules, regulations and decisions. The School District shall protect and maintain the proprietary and trade secret status of the Election Equipment. Section 3 HANDLING OF EQUIPMENT AND INDEMNIFICATION 3.1 The School District shall be responsible for the Election Equipment while it is in • the possession of the School District. The School District either through insurance or a self- insurance program shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and /or replacement of the Election Equipment while this contract is in effect, consistent with the School District's defense and indemnity obligations contained in Section 5.6 herein. Section 4 TERM, TERMINATION 4.1 The City, the School District and the County agree that this Agreement is in effect during the period commencing upon signature by the County and terminating when the School District returns the equipment to the City or December 31, 2003, whichever is sooner. Section 5 OTHER TERMS AND CONDITIONS • 5.1 No Waiver. No delay or omission by any party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with 2 respect to an of the • p y terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by any of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to any party at law, in equity, or otherwise. 5.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 5.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties, and there are no understandings or agreements relative hereto other than those that are expressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and executed by both parties. 5.4 No Assignment. None of the parties shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of all of the other parties, and any attempt to do so shall be void and of no force and effect. 5.5 THE SCHOOL DISTRICT AGREES THAT THE COUNTY IS FURNISHING THE • ELECTION EQUIPMENT ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED WARRANTIES, OTHER THAN THOSE PROVIDED BY ES &S, INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE ELECTION EQUIPMENT. THE COUNTY'S AND THE CITY'S SOLE LIABILITY AND THE SCHOOL DISTRICT'S EXCLUSIVE REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE ELECTION EQUIPMENT FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE ELECTION EQUIPMENT WILL BE ERROR FREE. THE COUNTY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS AGREEMENT OR THE ELECTION EQUIPMENT. 5.6 In no event shall the County or the City be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised • of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of 3 • performance of this Agreement by the County. The County, the City and the School District agree each will be responsible for their own acts and omissions under this Agreement and the results thereof to the extent authorized by law and shall defend, indemnify and hold harmless the other party for such acts. Each party shall not be responsible for the acts, errors or omissions of the other party under the Agreement and the results thereof. The p arties respective ective liabilities shall be overned b the provisions f the e Munici al Tort Claims Act 9 Y P p , Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. 5.7 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the School District: Debbie Felten Brooklyn Center Independent School District 286 6500 Humboldt Ave N Brooklyn Center, MN 55430 To the City: Sharon Knutson City of Brooklyn Center 6301 Shingle Creek Parkway • Brooklyn Center, MN 55430 To the County: Hennepin County Administrator A -2300 Government Center (233) Minneapolis, MN 55487 -0233 Copy to: Patrick H. O'Connor Director, Taxpayer Services Department A -600 Government Center (060) Minneapolis, MN 55487 -0060 5.8 Audit Provision. All parties agree that any party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 5.9 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. 4 • 5.10 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the School District, the City and the County hereof shall survive the completion of performance and termination or cancellation of this Agreement. 5.11 Authority. The person or persons executing this Lease Agreement on behalf of the School District the City nd the Count represent that the are du Y Y Y Y authorized to execute this Lease Agreement on behalf of the School District, the City and the County and represent and warrant that this Lease Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. 5.12 For lease of the Model 100 Optical Scan Precinct County Units, the School District shall: Pay the City the amount of Twenty -five dollars ($25) per Model 100 Optical Scan Precinct Count Unit upon receipt of billing for use of the equipment; 5.14 Program Service. The County shall, without charge, provide programming services to the School District. 5.15 Transporting and Return of Equipment. The School District shall be responsible for the transporting of the equipment from and to the City. Upon termination of this Agreement, the School District shall forthwith deliver the Election Equipment to the City or its designee, complete and in good order and working condition. The School District shall be responsible for all costs, including but not limited to shipping, related to the repair or replacement of lost, stolen, destroyed or damaged Election Equipment. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK I • 5 COUNTY BOARD APPROVAL The SCHOOL DISTRICT and the CITY, having signed this contract, and the Hennepin County Board of Commissioners having duly approved this contract on the _ day of , 2003 and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form COUNTY OF HENNEPIN STATE OF MINNESOTA By: Assistant County Attorney Chair of Its County Board Date: And: Assistant/County Administrator Approved as to execution ATTEST: Assistant County Attorney Deputy /Clerk of County Board Date: SCHOOL DISTRICT Approved as to form By: By: School District Attorney School District Date: CITY Approved as to form By: By: City Attorney City Date: • 6 • City Council Agenda Item No. 7d Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Ma ager FROM: Sharon Knutson, City Clerk DATE: August 18, 2003 SUBJECT: Applications for Exempt Permits (Raffles) from Minnesota Chapter 18 TelecomPioneers The State Gambling Control Board issues exempt permits for lawful gambling. Minn. Stat. § 349.166, subd. 2 (4) requires the organization to notify the local government unit 30 days before the lawful gambling occasion. On August 5, 2003, the Brooklyn Center Police Department received three Applications for Exempt Permits for raffles from the Minnesota Chapter 18 TelecomPioneers. These applications are for events to be held on January 23, April 16, and August 20, 2004, at the Qwest Communications office located at 6300 Shingle Creek Parkway in Brooklyn Center. The City has the following three options for action on the applications: • 1. The City approves the application with no waiting period 2. The City approves the application with a 30 -day waiting period, and allows the Board to issue a permit after 30 days. 3. The City denies the application. It is recommended to approve the applications with no waiting period. Should a member of the City Council object to approving the applications, please advise. After Council review, the permit applications will be forwarded to the Minnesota Chapter 18 TelecomPioneers representative, who is responsible for submitting the permit applications to the State Gambling Control Board. Attachments Application for Exempt Permit (3 permits) • 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org Minnesota Lawful Gambling Page 1 of 2 06/03 S for Boars use only LG220 Application for Exempt Permit Fee $50 Fee Paid Organization Information Check No. Organization name Previous lawful gambling exemption number &1A1.c1,� k ---..? p -00/ Street City State /zip code County o�CIO 6 5�y -577,-- &-T 6 � yENNF1 Name of chief executive officer (CEO) Daytime phone number of CEO First name Last name Include area code oAA l C - 3���vDE�S ���- 9�;. �' 3 Name of treasurer Daytime phone number of First name Last name treasurer. Include area code Aq 41A 4 re,¢ 'O"o Type of Nonprofit Organization Check the item that best describes your organization: ✓Fraternal _ Religious _ Veteran _ Other nonprofit organization Check the item that indicates the type of proof your organization attached to this application: IRS letter indicating income tax exempt status _ Certificate of Good Standing from the Minnesota Secretary of State's Office A charter showing you are an affiliate of a parent nonprofit organization • _ ✓Proof previously submitted and on file with the Gambling Control Board � �TTF,Q f�TTR� N� a �� N� /'N F G N,�,✓G � Gambling Premises Information Name of premises where gambling activitywill be conducted (for raffles, list the site where the drawing will take place) d Address (do not use PO box) City State /zip code County 12,eS&4 PQOA1,4 gee,0, (,c y,! / d /j A/ S]6 0 ff�N�t E Ai x Date(s) of activity (for raffles, indicate thedate of the drawing) ©/- a3-0C/ Check the item(s) that indicate the type of gambling activity your organization will be conducting: 'Bingo 1CRaffles (cash prizes may not exceed $12,000) _ "Paddlewheels _ "Pull -tabs _ "Tipboards 'Equipment for these activities must be obtained from a licensed distributor. This form will be made available in name and address will be public Board whose work assignment requires alternative format (i.e. large print, Braille) information when received by the Board. that they have access to the information; upon request. The information requested All the other information that you provide the Minnesota Department of Public on this form (and any attachments) will be will be private data about you until the Safety; the Minnesota Attorney General; used by the Gambling Control Board Board issues your permit. When the Board the Minnesota Commissioners of (Board) to determine your qualifications to issues your permit, all of the information Administration, Finance, and Revenue; the be involved in lawful gambling activities in that you have provided to the Board in the Minnesota Legislative Auditor, national and Minnesota. You have the right to refuse to process of applying for your permit will international gambling regulatory agencies; supply the information requested; however, become public. If the Board does not issue anyone pursuant to court order; other if you refuse to supply this information, the you a permit, all the information you have individuals and agencies that are Board may not be able to determine your provided in the process of applying for a specifically authorized by state or federal qualifications and, as a consequence, may permit remains private, with the exception law to have access to the information; • refuse to issue you a permit. If you supply of your name and your organization's name individuals and agencies for which law or the information requested, the Board will and address which will remain public. legal order authorizes a new use or sharing be able to process your application. Private data about you are available only to of information after this Notice was given; Your name and and your organization's the following: Board members, staff of the and anyone with your consent. LG220 Application for Exempt Permit Page 2 of 2 06/03 Organization Name / NNF5r 7- C hf/i-PT ,L /�-- 7G- /e Cm ►�, • Local Unit of Government Acknowledgment If the gambling premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this application. the county is taking on this application. ❑ The city approves the application with no ❑ The county approves the application with no waiting period. waiting period. ❑ The city approves the application with a 30 day ❑ The county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days. city). The city denies the application. The county denies the application. Print name of city Print name of county (Signature of city personnel receiving application) (Signature of county personnel receiving application) Title Title Date • Date / / TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2)] Print name of township (Signature oftownship official acknowledging application) Title Date Chief Executive Officer's Signature The information provided in this p appl n is complete �pand a urate to the best of my knowledge. Chief executive officer's signature ( &e, L , , _ �. Name (please print) V, �(i ,P� C, ��q q JI-l V .I. Date Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status, and • a check for $50. Make check payable to "State of Minnesota ". Application fees are not prorated, refundable, or transferable. • Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 LG220 Application for Exempt Permit, Information Sheet 06/03 • Who may be issued An exempt permit can be issued to nonprofit organizations conducting lawful gambling an exempt permit? activity on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. (Raffles: Total cash prizes for a raffle may not exceed $12,000.) Separate Complete a separate application for each occasion. An occasion may be either: applications 1. One day of gambling activity. required If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. • If your organization wants to conduct gambling on July 3, 4, and 5 at the same site, you may submit only one application and one fee. Raffle: If you are conducting a raffle, each day a drawing is held constitutes one day of gambling. If drawings are held on more than five days in a calendar year, your organization must obtain an organization license, a gambling manager's license, and a premises permit. How to obtain a copy of proof of nonprofit status Minnesota Secretary of State IRS Income Tax Exemption Certificate of Good Standina - NonnrofitArticles Under a national oroanization of Incorporation OR If your organization falls under a national organization, Attach a copy of your organization's Certificate attach both of the following: of Good Standing (317A) showing incorporation 1. a copy of the IRS letter showing that your national as a nonprofit organization. organization has been a registered nonprofit 501(c) organization and carries a group ruling, and This certificate can be obtained from the 2. a copy of the charter, or letter from your national Minnesota Secretary of State: organization, recognizing your organization as a • subordinate. Minnesota Secretary of State Not under a national organization Business Services Division If your organization does not fall under a national 180 State Office Building organization, attach a copy of the IRS income tax St. Paul, MN 55155 exemption [501(c)] letter in the name of your Phone: 651 - 296 -2803 organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send yourfederal ID number and the date your organization initially applied for tax exempt status to: IRS P.O. Box 2508 Room 4010 Cincinnati, OH 45201 Sales tax exempt status or federal ID employer numbers are not proof of income tax exempt status. Financial report • A financial report form and instructions will be sent with your permit. and recordkeeping - . Complete and return the financial report form to the Board within 30 days of your date required of activity. • Your organization must keep its gambling records for 3 -1/2 years. • Questions? Call the Licensing Section of the Gambling Control Board at 651- 639 -4000. If you use a TTY, call the Board by using the Minnesota Relay Service and ask to place a call to 651- 639 -4000. Or, check our web site at www.gcb.state.mn.us. i eLecom Pioneers • Thomas C. Rothgeb Treasurer June 9, 2003 P:303.579.9282 F: 303.572.0520 trothgeb @telecompioneers.org ioneers. or www.t elecom P g TO: All Banks, Credit Unions, Savings & Loans, Other Financial Institutions, Suppliers, Vendors and all companies And Organizations with Whom we do Business RE: Change of Name, FEIN & Operating Structure Dear Agent, Manager, Executive or Officer: The TelecomPioneers is a vast organization of about 750,000 members, divided into subunits called Groups, Chapters, Councils & Clubs. These subunits number some place between 600 & 700 total — all a part of the whole; one new organizational name, one new FEIN. We are spread throughout every state of the United States and throughout Canada. The new corporate structure and new name was created over a year ago and the new IRS 501 • (c) (3) designation was received at the end of March 2003. It takes time to make such significant changes in an organization of our size. That is why we will not begin doing business under the new structure until July 2003. A recurring question that has presented itself, as we move through our change, asks about our "registration to do business" in our various state locations. Our attorney, Ms. Paula Goedert, Jenner & Block, Chicago, has advised — in response to this very question — that we only meet the universal definition of "doing business" in the states where we have physical property and offices. This means the State of Colorado where our headquarters offices are situated and the State of Texas, where our chapter accounting office is located. All of our subunits (Groups, Chapters, Councils, Clubs) meet in donated locations — principally property owned by our sponsoring companies (see our web site www.telecomoioneers.orq for a list). We do not lease or rent the space and the only assets at these field locations are the money on deposit with your institution or other similar places throughout the United State & Canada. We trust this will provide a sufficient answer to you, as it has to the many Secretary of States. Sincerely. • P.O. Box 13888 • Denver, Colorado 80201 - 3888.800.872.5995 • www.telecompioneers.org Minnesota Lawful Gambling Page 1 of 2 06/03 For Board Use Only • LG220 Application for Exempt Permit Fee $50 Fee Paid Organization Information Check No. Organization name Previous lawful gambling exemption number /;lIWAIESo7 C144PtE, 4 T -e /ecom/Lheerj A — ,�'J /�G— O� —m ©� Street City State /zip code County aoo.5oS�- !Pe T M/AfV--- AAb A/S I /19n� �s�o� I PC- - INFO /Ao' Name of chief executive officer (CEO) Daytime phone number of CEO First name Last name Include area code t4 J, /, / c _54,V D FIBS (?3 2 7�s3 Name of treasurer Daytime phone number of First name Last name treasurer. Include area code Type of Nonprofit Organization Check the item that best describes your organization: +� Fraternal _ Religious Veteran _ Other nonprofit organization Check the item that indicates the type of proof your organization attached to this application: _ IRS letter indicating income tax exempt status — Certificate of Good Standing from the Minnesota Secretary of State's Office _ A charter showing you are an affiliate of a parent nonprofit organization • ?/Proof previously submitted and on file with the Gambling Control Board 1_F2 - 7bW 47'71?c yr /3 2F AigmE CNR.JgL - Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) C ?&) F s T C; e M M 41A1 4 T 1,9.4 Address (do not use PO box) City State /zipcode County (,3 COS11 /NGt� Ck'EF /1 PkeKrvQ c�•PUo�((y./eEA1 - b t' /,I4/ 6_5`�O //�iv�vE,miiv' Date(s) of activity (for raffles, indicate the date of the drawing) Check the item(s) that indicate the type of gambling activity your organization will be conducting: *Bingo tsRaffles (cash prizes may not exceed $12,000) — *Paddlewheels _ *Pull -tabs _ *Tipboards *Equipment for these activities must be obtainedfrom a licensed distributor. This form will be made available in name and address will be public Board whose work assignment requires alternative format (i.e. large print, Braille) information when received by the Board. that they have access to the information; upon request. The information requested All the other information that you provide the Minnesota Department of Public on this form (and any attachments) will be will be private data about you until the Safety; the Minnesota Attorney General; used by the Gambling Control Board Board issues your permit. When the Board the Minnesota Commissioners of (Board) to determine your qualifications to issues your permit, all of the information Administration, Finance, and Revenue; the be involved in lawful gambling activities in that you have provided to the Board in the Minnesota Legislative Auditor, national and Minnesota. You have the right to refuse to process of applying for your permit will international gambling regulatory agencies; supply the information requested; however, become public. If the Board does not issue anyone pursuant to court order; other if you refuse to supply this information, the you a permit, all the information you have individuals and agencies that are Board may not be able to determine your provided in the process of applying for a specifically authorized by state or federal qualifications and, as a consequence, may permit remains private, with the exception law to have access to the information; S refuse to issue you a permit. If you supply of your name and your organization's name individuals and agencies for which law or the information requested, the Board will and address which will remain public. legal order authorizes a new use or sharing be able to process your application. Private data about you are available only to of information after this Notice was given; Your name and and your organization's the following: Board members, staff of the and anyone with your consent. LG220 Application for Exempt Permit Page 2 of 2 Q6 /03 Organization NameR/.VA/Zc -Se7 .4 �� {eGcfn onee� • Local Unit of Government Acknowledgment If the gambling premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this application. the county is taking on this application. ❑ The city approves the application with no ❑ The county approves the application with no waiting period. waiting period. ❑ The city approves the application with a 30 day The county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days. city). The city denies the application. The county denies the application. Print name of city Print name of county (Signature of city personnel receiving application) (Signature of county personnel receiving application) Title Title Date • Date / / TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signatu e The information provided in this applicati is c and ac rate to the best of my knowledge. Chief executive officer's si nature g � .. Name (please print) 1/ 0 / { e, Date! / /� Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status, and • a check for $50. Make check payable to "State of Minnesota ". Application fees are not prorated, refundable, or transferable. • Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 LG220 Application for Exempt Permit, Information Sheet 06/03 • Who may be issued An exempt permit can be issued to nonprofit organizations conducting lawful gambling an exempt permit? activity on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. (Raffles: Total cash prizes for a raffle may not exceed $12,000.) Separate Complete a separate application for each occasion. An occasion may be either: applications 1. One day of gambling activity. required If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. • If your organization wants to conduct gambling on July 3, 4, and 5 at the same site, you may submit only one application and one fee. Raffle: If you are conducting a raffle, each day a drawing is held constitutes one day of gambling. If drawings are held on more than five days in a calendar year, your organization must obtain an organization license, a gambling manager's license, and a premises permit. How to obtain a copy of proof of nonprofit status Minnesota Secretary of State IRS Income Tax Exemption Certificate of Good Standina - Nonprofit Articles Under a national oraanization of Incorporation OR If your organization falls under a national organization, Attach a copy of your organization's Certificate attach both of the following: of Good Standing (317A) showing incorporation 1. a copy of the IRS letter showing that your national as a nonprofit organization. organization has been a registered nonprofit 501(c) organization and carries a group ruling, and This certificate can be obtained from the 2. a copy of the charter, or letter from your national Minnesota Secretary of State: organization, recognizing your organization as a • subordinate. Minnesota Secretary of State Not under a national oraanization Business Services Division If your organization does not fall under a national 180 State Office Building organization, attach a copy of the IRS income tax St. Paul, MN 55155 exemption [501(c)] letter in the name of your Phone: 651 - 296 -2803 organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send your federal ID number andthe date your organization initially applied for tax exempt status to: IRS P.O. Box 2508 Room 4010 Cincinnati, OH 45201 Sales tax exempt status or federal ID employer numbers are not roof of income tax exempt status. P P Financial report • A financial report form and instructions will be sent with your permit. and recordkeeping . Complete and return the financial report form to the Board within 30 days of your date required of activity. • Your organization must keep its gambling records for 3 -1/2 years. • Questions? Call the Licensing Section of the Gambling Control Board at 651- 639 -4000. If you use a TTY, call the Board by using the Minnesota Relay Service and ask to place a call to 651- 639 -4000. Or, check our web site at www.gcb.state.mn.us. 75e- I. ec Wit. r Pioneers @ Thomas C. Rothgeb Treasurer June 9, 2003 P:303.571.9282 F: 303.572.0520 trothgeb@telecom.pioneers.org www.telecompi'oneers.org TO: All Banks, Credit Unions, Savings & Loans, Other Financial Institutions, Suppliers, Vendors and all companies And Organizations with th Whom we do Business RE: Change of Name, FEIN & Operating Structure Dear Agent, Manager, Executive or Officer: The TelecomPioneers is a vast organization of about 750,000 members, divided into subunits called Groups, Chapters, Councils & Clubs. These subunits number some place between 600 & 700 total — all a part of the whole; one new organizational name, one new FEIN. We are spread throughout every state of the United States and throughout Canada. The new corporate structure and new name was created over a year ago and the new IRS 501 (c) (3) designation was received at the end of March 2003. It takes time to make such • significant changes in an organization of our size. That is why we will not begin doing business under the new structure until July 2003. A recurring question that has presented itself, as we move through our change, asks about our "registration to do business" in our various state locations. Our attorney, Ms. Paula Goedert, Jenner & Block, Chicago, has advised — in response to this very question — that we only meet the universal definition of "doing business" in the states where we have physical property and offices. This means the State of Colorado where our headquarters offices are situated and the State of Texas, where our chapter accounting office is located. All of our subunits (Groups, Chapters, Councils, Clubs) meet in donated locations — principally property owned by our sponsoring companies (see our web site www.telecomoioneers.ora for a list). We do not lease or rent the space and the only assets at these field locations are the money on deposit with your institution or other similar places throughout the United State & Canada. We trust this will provide a sufficient answer to you, as it has to the many Secretary of States. Sincerely. • P.O. Box 13888 • Denver, Colorado 80201 - 3888.800.872.5995 • www.telecompioneers.org Minnesota Lawful Gambling Page 1 of 2 06/03 For boara use only LG220 Application for Exempt Permit Fee $50 Fee Paid Organization Information Check No. Organization name Previous lawful gambling exemption number /yl�N,��Es�TR 0HgP7 1k Te %COm)%o.v�erf �= x7194 - - 003 Street City State /zip code County G2 00so � �T�C'C�T /V iN� ►�Qox /5 I rP Al S- S"'Ao� I #e vwe Name of chief executive officer (CEO) Daytime phone number of CEO / ` r ; i name Last name Include area code . /- / E SA111,0,F/QS - g,� _5-- ' /S 3 Name of treasurer Daytime phone number of First name Last name treasurer. Include area code A A &/- e4 7"e 19,P,o Type of Nonprofit Organization Check the item that best describes your organization: Fraternal _ Religious _ Veteran _ Other nonprofit organization Check the item that indicates the type of proof your organization attached to this application: _ IRS letter indicating income tax exempt status _ Certificate of Good Standing from the Minnesota Secretary of State's Office _ A charter showing you are an affiliate of a parent nonprofit organization • 4lProof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) 6 2 w e - .s7 — 1;c1rnr m aA A7" /o WS Address (do not use PO box) City State /zip code County 63eW SNiJvGIE Aj/ ,B�Pao����✓ �F.vTF,� /yj/I/ 5 -SS��O rS/ENNEdi� Date(s) of activity (for raffles, indicate the date of the drawing) v g- a -© � Check the item(s) that indicate the type of gambling activity your organization will be conducting: *Bingo ✓Raffles (cash prizes may not exceed $12,000) — *Paddlewheels _ *Pull -tabs _ *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in name and address will be public Board whose work assignment requires alternative format (i.e. large print, Braille) information when received by the Board. that they have access to the information; upon request. The information requested All the other information that you provide the Minnesota Department of Public on this form (and any attachments) will be will be private data about you until the Safety; the Minnesota Attorney General; used by the Gambling Control Board Board issues your permit. When the Board the Minnesota Commissioners of (Board) to determine your qualifications to issues your permit, all of the information Administration, Finance, and Revenue; the be involved in lawful gambling activities in that you have provided to the Board in the Minnesota Legislative Auditor, national and Minnesota. You have the right to refuse to process of applying for your permit will international gambling regulatory agencies; supply the information requested; however, become public. If the Board does not issue anyone pursuant to court order; other if you refuse to supply this information, the you a permit, all the information you have individuals and agencies that are Board may not be able to determine your provided in the process of applying for a specifically authorized by state or federal qualifications and, as a consequence, may permit remains private, with the exception law to have access to the information; • refuse to issue you a permit. If you supply of your name and your organization's name individuals and agencies for which law or the information requested, the Board will and address which will remain public. legal order authorizes a new use or sharing be able to process your application. Private data about you are available only to of information after this Notice was given; Your name and and your organization's the following: Board members, staff of the and anyone with your consent. LG220 Application for Exempt Permit Page 06103 Organization Name 1h /N4 /L _5 v 74 (!#"rE4 ornvl�? rite t-_i- • Local Unit of Government Acknowledgment If the gambling premises is within city limits, the if the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this application. the county is taking on this application. ❑ The city approves the application with no ❑ The county approves the application with no waiting period. waiting period. ❑ The city approves the application with a 30 day The county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days. city). The city denies the application. The county denies the application. Print name of city Print name of county (Signature of city personnel receiving application) (Signature of county personnel receiving application) Title Title Date / I • Date / / TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signat re The information provided in this applicati n is complete and accur to to the best of my knowledge. Chief executive officer's signature f 0 ;� // ! �' Name (please print) � P_ 0 ��� .cfdle Ls Date_ / / Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status, and • a check for $50. Make check payable to "State of Minnesota ". Application fees are not prorated, refundable, or transferable. • Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 LG220 Application for Exempt Permit, Information Sheet 06/03 • Who may be issued An exempt permit can be issued to nonprofit organizations conducting lawful gambling an exempt permit? activity on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. (Raffles: Total cash prizes for a raffle may not exceed $12,000.) Separate Complete a separate application for each occasio occasion p p pp n. An occa � n may be either: applications 1. One day of gambling activity. required If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. • If your organization wants to conduct gambling on July 3, 4, and 5 at the same site, you may submit only one application and one fee. Raffle: If you are conducting a raffle, each day a drawing is held constitutes one day of gambling. If drawings are held on more than five days in a calendar year, your organization must obtain an organization license, a gambling manager's license, and a premises permit. How to obtain a copy of proof of nonprofit status Minnesota Secretary of State IRS Income Tax Exemption Certificate of Good Standina - NonarofitArticles Under a national oraanization of Incorporation OR If your organization falls under a national organization, Attach a copy of your organization's Certificate attach both of the following: of Good Standing (317A) showing incorporation 1. a copy of the IRS letter showing that your national as a nonprofit organization. organization has been a registered nonprofit 501(c) organization and carries a group ruling, and This certificate can be obtained from the 2. a copy of the charter, or letter from your national Minnesota Secretary of State: organization, recognizing your organization as a • subordinate. Minnesota Secretary of State Not under a national organization Business Services Division If your organization does not fall under a national 180 State Office Building organization, attach a copy of the IRS income tax St. Paul, MN 55155 exemption [501(c)] letter in the name of your Phone: 651 - 296 -2803 organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your organization initially applied for tax exempt status to: IRS P.O. Box 2508 Room 4010 Cincinnati, OH 45201 Sales tax exempt status or federal ID employer numbers are not proof of income tax exempt status. Financial report • A financial report form and instructions will be sent with your permit. and recordkeeping . Complete and return the financial report form to the Board within 30 days of your date required of activity. • Your organization must keep its gambling records for 3 -1/2 years. • Questions? Call the Licensing Section of the Gambling Control Board at 651- 639 -4000. If you use a TTY, call the Board by using the Minnesota Relay Service and ask to place a call to 651- 639 -4000. Or, check our web site at www.gcb.state.mn.us. Pioneers ; 2V L�&, Thomas C. Rothgeb Treasurer June 9, 2003 P:303.571.9282 F: 303.572.0520 trothgeb @telecompioneers. org www.telecompioneers.org TO: All Banks, Credit Unions, Savings & Loans, Other Financial Institutions, Suppliers, Vendors and all companies And Organizations with Whom we do Business RE: Change of Name, FEIN & Operating Structure Dear Agent, Manager, Executive or Officer: The TelecomPioneers is a vast organization of about 750,000 members, divided into subunits called Groups, Chapters, Councils & Clubs. These subunits number some place between 600 & 700 total — all a part of the whole; one new organizational name, one new FEIN. We are spread throughout every state of the United States and throughout Canada. The new corporate structure and new name was created over a year ago and the new IRS 501 (c) (3) designation was received at the end of March 2003. It takes time to make such • significant changes in an organization of our size. That is why we will not begin doing business under the new structure until July 2003. A recurring question that has presented itself, as we move through our change, asks about our "registration to do business" in our various state locations. Our attorney, Ms. Paula Goedert, Jenner & Block, Chicago, has advised — in response to this very question — that we only meet the universal definition of "doing business" in the states where we have physical property and offices. This means the State of Colorado where our headquarters offices are situated and the State of Texas, where our chapter accounting office is located. All of our subunits (Groups, Chapters, Councils, Clubs) meet in donated locations — principally property owned by our sponsoring companies (see our web site www.telecomoioneers.orq for a list). We do not lease or rent the space and the only assets at these field locations are the money on deposit with your institution or other similar places throughout the United State & Canada. We trust this will provide a sufficient answer to you, as it has to the many Secretary of States. Sincerely. • P.O. Box 13888 • Denver, Colorado 80201 - 3888.800.872.5995 • www.telecompioneers.org City Council Agenda Item No. 7e Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City M ger FROM: Sharon Knutson, City Clerk DATE: August 19, 2003 SUBJECT: Application and Permit for a Temporary On -Sale Liquor License Submitted By St. Alphonsus Parish, 7025 Halifax Avenue North St. Alphonsus Parish, 7025 Halifax Avenue North, has submitted an application and permit for a temporary on -sale liquor license for an event to be held on September 20, 2003. The applicant has satisfied the City's requirements and submitted the $25 license fee, along with a certificate of coverage for liquor liability insurance. It is recommended that the City Council approve the application and permit for a temporary on -sale liquor license submitted by St. Alphonsus Parish. After Council review, the application and permit will • be forwarded to the St. Alphonsus Parish representative, who is responsible for submitting the permit application to the State Liquor Control Division for approval. 0 01 Shingle Creek Parkway Recreation and Community enter Phone & y 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 P ' e Minnesota Department of Public Safety LIQUOR CONTROL DIVISION OF o,�en„oRa. 444 Cedar St. /Suite 100L St. Paul, MN 55101 -2156 (612)296 -6439 TDD (612)282 -6555 APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER STREET ADDRESS C,CTY STATE ZIP CODE - 7l�Z , S 1-114-Z- =/�.�` f� l�r'�'�)�L�tf1 ��/1 i' Nt NAME OF PERSON NAWIN APPLICATION BUSINESS PHONE HOME PHONE DATE _ s LIQUOR WILL BE SOLD 1 to 4 days Q ( y) TYPE OF ORGANIZATION ❑ CLUB ❑ CHARITABLE RIELIGIOUS ❑ OTHER NONPROFIT ORGA OFFICER'S NAME + ADDRESS RA7_440-1 iL (n rrti �--' I -� 0 �-� 2.5 v�>✓ t t= ax ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location where license will be used. If an outdoor area, describe Will the applicant contract for intoxicating liquor services? so PP g If ,give the name and address of the Liquor license providing the service. Nv Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage. cep vT, (NOTE: Insurance is not mandatory) : � � MLl � W1 IE F APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO LIQUOR CONTROL CITY /COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED LIQUOR CONTROL DIRECTOR TE: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the City or County at least 30 days before the event. PS- 09079(8/95) W Date: 7/23/2003 Certificate of Co V erage, P Certificate Holder This Certificate is issued as a matter of information only and Archdiocese of St. Paul-Minneapolis confers no rights upon the holder of this certificate. This certificate l cery Office does not amend, extend or alter the coverage afforded below. ummit Avenue St. Paul, MN 55102 Company Affording Coverage THE CATHOLIC MUTUAL RELIEF SOCIETY Covered Location 10843 OLD MILL RD STE 300 St. Alphonsus Church OMAHA, NE 68154 7025 Hailfax Ave North Brooklyn Center, MN 55429-1394 Cov MI q W-4 0 W ? #3€ ��i* '-Midfl erages IiIiI1 N1i 1 41 This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Type of Coverage Certificate Number Coverage Effective Coverage Expiration Limits Date Date Property Real & Personal Property General Liability General Aggregate Products-Comp/OP Agg, Occurrence 8589 7/1/2003 7/1/2004 Personal & Adv Injury ❑ Claims Made Each Occurrence I $500,0001 Fire Damage (Any one fire) Med Exp (Any one person) Excess Liability (Each Occurrence Other Each Occurrence Description of OperationsALocations/Vehicies/SpeciaI Items Coverage verified for St. Alphonsus Parish's Festival & Dance on September 20, &21, 2003. Includes Liquor Liability and Fidelity for Charitable Gambling. i-o 1, ;Holder of Certificate fl�J`Mjjj 1 �fJ1ptance t '1 , `J Should any of the above described coverages be cancelled City of Brooklyn Center before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the holder of certificate named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. A Authorized Representative,),4-�,- 0111001065 0 • City Council Agenda Item No. 7f Office of the City Clerk ir City of Brooklyn Center A'Millennium Community MEMORANDUM TO: Michael J. McCauley, City M er FROM: Sharon Knutson, City Clerk DATE: August 20, 2003 SUBJECT: Resolution Establishing Liquor License Investigation Fees At its August 1 Ith meeting, the City Council adopted Ordinance No. 2003 -09, An Ordinance Amending Chapters I1 and 23 of the Brooklyn Center Code of Ordinances, Relating to Liquor Licensing and General Licensing Regulations. The ordinance amendment includes language that sets liquor license investigation fees by resolution. Minn. Stat. § 340A.412, subd. 2(a) limits the amount cities may charge for liquor license investigations as follows: "An investigation fee not to exceed $500 shall be charged an applicant by the city or county if the investigation is conducted within the state, or the • actual cost not to exceed $10, 000 if the investigation is required outside the state. " Attached is a resolution that establishes fees for liquor license investigations consistent with Statutory language. Attachment: Resolution Establishing Liquor License Investigation Fees 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ESTABLISHING LIQUOR LICENSE INVESTIGATION FEES WHEREAS, on August 11, 2003, the City Council adopted Ordinance No. 2003 -09 amending the City's liquor license ordinance; and WHEREAS, the ordinance states that investigation fees will be set by City Council resolution; and WHEREAS, Minn. Stat. § 340A.412, subd. 2(a) limits the amount cities may charge for liquor license investigations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following liquor license investigation fees are hereby established and comply with the Statutes. Liquor License Investigation Fees $500 if conducted within the State of Minnesota, or the actual cost not to • exceed $10,000 if the investigation is required outside the State of Minnesota. 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. 7g • MEMORANDUM DATE: August 20, 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. • • MEMORANDUM DATE: August14, 2003 TO: Todd Blomstrom FROM: Joyce Gulseth SUBJECT: Diseased Tree Removal Program The high incidence of Dutch Elm Disease being reported this year, not only in Brooklyn Center but metro -wide, has raised cause for concern that we will exceed the 2003 budget recommendation for diseased tree removals. For the past three years an average of 186 diseased trees have been marked for removal each year. To date, City Forester Bill Vetter has marked 313 diseased trees for removal. Of those, 226 are on private property, 75 are boulevard trees, 6 are park trees, 4 are on Police Station property and 2 are on the Golf Course. • After consulting with the University of Minnesota Extension Service and the Minnesota Department of Agriculture to be certain our City Forester was properly diagnosing the disease, Rich Hauer of the Department of Agriculture Shade Tree Laboratory did a random sampling in our City. He concluded that ever tree was properly diagnosed and commended our forester for his timely inspections. It is the City's policy to share the cost of removal of a diseased boulevard tree with the adjacent property owner. This cost sharing, which is a 50150 split plus administrative charges of $76 per tree, is only available when the tree is removed by the City's tree contractor. If a tree marked on private property is not removed within 20 days, the City requests a quote from the City's tree contractor for the removal cost of that particular tree. The property owner is notified of the exact cost and given five days to respond. If no response is received within 5 days, the City proceeds to have the tree removed by the City's tree contractor and bills the cost of the removal to the property owner. Any unpaid bills are certified to their taxes as a special assessment. After carefully reviewing the trends for the past three years, Bill Vetter and I have concluded he will mark approximately 400 trees this season. We expect twenty -three of those will be boulevard trees and five will be on City property. Based on an average removal cost of approximately $476 (the City's share being $200) we anticipate we will exceed the budget by approximately $5,000. • adoption: Member introduced the following resolution and moved its 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 FRANCES GOLUB 5307 BRYANT AVE N 276A SHERRITA SCROGGINS 5305 BRYANT AVE N 276B TIET DUC NGUYEN & HANH LE 5819 DUPONT AVE N 277 KATHERINE GRIMMER 5322 FREMONT AVE N 278 NORRIS HANSON 315 70 AVE N 279 JOHN & BARBARA WING 6400 XERXES AVE N 280 GARY & NANCY CURTIS 2024 BROOKVIEW DR 281 ESM LIMITED, LLC 5964 BROOKLYN BLVD 282 thru 292 EVERGREEN PARK MANOR APTS. 7200 CAMDEN AVE N 293, 294, 295 Mn/DOT NORTH OF 4418 66 AVE N 296,297 SEAN -PAUL & LENA KNOISHI - HUMPHREY 6006 CAMDEN AVE N 298 MAINS L PROPERTIES LLC 3206 THURBER RD 299 CHERYL LANGSTON 5549 BROOKLYN BLVD 300 NORTHPORT PROPERTIES 5407 BROOKLYN BLVD 301 thru 307 TAMMARA COCHRAN 3223 49 AVE N 308 JOAN SCHWARTZ 5123 TWIN LAKE BLVD EAST 309 BRENDA & VINCENT ANTONELLI 4929 ZENITH AVE N 310 ROBERT DRAKE 5838 BRYANT AVE N 311 WESLEY & BERNICE VAILLANCOURT 100057 TH AVE N 312 HAROLD & ADELE EKLUND 5712 IRVING AVE N 313 • • 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. 7h • MEMORANDUM DATE: August 20, 2003 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Providing for Hearing on Proposed Special Assessments for Delinquent Public Utility Service Accounts. The purpose of this resolution is to order a public hearing on Monday, September 8, 2003 at 7 p.m. or as soon thereafter as the matter may be heard, to hear and pass upon all objections, if any, to the proposed special assessments for delinquent public utility service accounts. Property owners with delinquent public utilities service accounts have received notice of delinquent account in accordance with the established collection policy and have not made payment. The proposed levy roll has over 375 entries and is quite lengthy. It will be available for • inspection Monday night. Future council actions include the public hearing at the specified date and adoption of the resolution to certify the special assessment levy rolls with Hennepin County. The interest rate is 5.5 percent, as previously established by the Council. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION PROVIDING FOR A HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS BE IS RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. A hearing shall be held on the 8th day of September 2003 in City Hall at 7 p.m. or as soon thereafter as the matter may be heard, to pass upon the proposed assessments for the following charges: Delinquent Public Utility Service Accounts 2. The City Clerk with the assistance of the Director of Public Works shall forthwith prepare assessment rolls for the above charges, and shall keep them on file and open to inspection by any interested persons. 3. The City Clerk is directed to cause a notice of the hearing on the proposed • assessment to be published once in the official newspaper at least two weeks prior to the hearing. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. 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: August 21, 2003 To: Michael McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Delinquent Utility Bills — Certification for Collection Each spring and fall, the City certifies delinquent utility billings for collection with property taxes for the following year. The process begins with a letter notifying customers with delinquent accounts that their account is past due and the process the City will follow in compliance with Minnesota Statutes and City Ordinances. The initial letter is forwarded approximately 60 days before the Council conducts a public hearing to determine the amounts to be certified for collection. This initial letter was forwarded on July 11, 2003 and provided customers an opportunity to pay without the certification charge prior to August 6 th . • Some responded to this letter and have paid the entire amount of the delinquency. Others have not and the hearing identified in the resolution is to consider those accounts that are to be certified. A second letter has been forwarded to customers whose accounts remain delinquent after the August 6 th indicating that the Council will conduct a public hearing to determine which accounts will be certified for collection with property taxes. The hearing is scheduled for September 8, 2003 at 7:00 PM. Following the hearing, the Council will be asked to adopt the resolution that identifies the accounts to be certified. A preliminary list of the delinquencies will be provided with the Council materials for the September 8th meeting and an updated list will be available on Monday, September 8 th as some customers will pay between the time the list is generated and the Council meeting. Historically, we have provided notices and letters as follows: Delinquent Utility Certification Number of Dollar Value Accounts of Accounts SPRING 2001 1 St Letter 614 $108,480.45 2nd Letter 339 $ 78,588.42 Final 284 $ 69,038.25 • FALL 2001 • 1 St Letter 680 $180,789.06 2 nd Letter 374 $150,798.76 Final 303 $136,147.40 SPRING 2002 1 St Letter 761 $161,571.39 2 nd Letter 451 $103,202.94 Final 321 $ 83,228.34 FALL 2002 1 St Letter 786 $147,125.63 2 nd Letter 424 $107,502.25 Final 340 $ 88,413.56 SPRING 2003 1 St Letter 650 $135,654.08 2 nd Letter 406 $ 97,456.00 Final 347 $ 84,524.08 FALL 2003 1 St Letter 664 $131,859.01 2 nd Letter 383 $ 98,559.97 • Final • • City Council Agenda Item No. 7i 0 • MEMORANDUM DATE: August 18, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Authorizing the Purchase of Property in a Pending Condemnation Action, Mississippi Riverbank Protection Project, Improvement Project No. 1999 -11 On June 9, 2003, the Brooklyn Center City Council authorized the appraised values of temporary and permanent easements necessary for the construction of the Mississippi Riverbank Protection Project. In addition to easement costs, Evergreen Land Services has been negotiating with individual property owners to reach an agreement on the price for administrative adjustments. Administrative adjustments include compensation for miscellaneous structures such as stairways, large trees in the rear yards and sheds that will be removed for construction of the project. Evergreen Land Services has reached a tentative compensation agreement with the owners of the • property located at 6654 West River Road. A resolution authorizing the City Manager to enter into an agreement with the owners of this property for acquisition of easements and administrative adjustments is attached for City Council consideration. • i Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTIES IN A PENDING CONDEMNATION ACTION, MISSISSIPPI RIVERBANK PROTECTION PROJECT, IMPROVEMENT PROJECT NO. 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's agent has negotiated with the property owners along the project corridor for acquisition of temporary and permanent easements and administrative adjustments for existing stairs, large trees and sheds; and WHEREAS, the City's agent has reached a tentative agreement with the owners of the property located at 6654 West River Road in the following amount: Temporary and Permanent Easement: $5,200.00 Administrative Adjustments: $4,300.00 • Total $9,500.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofBrooklyn Center, Minnesota that the City Manager is authorized to enter into agreement to purchase easements and compensate for administrative adjustment items in the amounts set forth above. 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. 8a • 20 August 2003 Mayor Myrna Kragness Brooklyn Center Council Members Michael J. McCauley, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 • Re: Summerchase now known as CenterPoint Dear Mayor, Council Members and Mike, I am pleased to brief you on the present status of this project. I enclose my prior briefing I presented earlier this spring to refresh your knowledge of these proceedings. Since I last addressed you, the remaining work has been completed. The work primarily consisted of repair and/or replacement of entry doors, glass and transoms at certain entrances and the final mold remediation. We also required STS to confirm that they had completed testing with respect to leaking toilets, which they have, and there has been no evidence of any widespread subflooring deterioration. It is Larry Martin's opinion that the work required by the settlement agreement has now been completed but he requested a final project summary from STS as a compendium so that he would have the entire project results before him as a part of his final inspection. I have written STS twice for the document. STS had give us weekly spreadsheets of their efforts and results so we generally have all the information but the final project summary will put all the information in one document. It is my recommendation that, pursuant to the terms of the settlement agreement, that the • regular rental license be restored to the Summerchase ownership. Renewal of this license is then • Mayor Kragness, 20 August 2003 p. 2 not due until November 2004. Jim Halverson, Summerchase's manager, has maintained close communication with me as to the property. I commend his efforts at achieving renovation of the buildings and a significant reduction in crime and disorder. I believe that, if he remains as manager, we can expect a high level of on -going cooperation. Since the cooperation of Halverson is very good, it is my recommendation that if we have issues with Summerchase as to premises defects or violations, that we first bring them to Halverson's attention informally. I believe that this will avoid a confrontation with the four owners and still achieve compliance. If the informal notices do not result in compliance, however, then I will have formal compliance notices served upon each owner. Those compliance orders will then be seen by them as a condition precedent to criminal prosecution if there is no compliance. In the settlement negotiations, the owners sought to have the judge or other third party be placed between them and the city which we rejected. As written, the settlement agreement retains all the city's powers to inspect and enforce all orders and laws, whether by civil or criminal means or both. A property owner's criminal liability has recently been reaffirmed and broadened by our • Court of Appeals. The Summerchase owners previously defended themselves on the premise that they did not know of the violations. The law has always been that the legislature, including city councils, can make public nuisances and code violations criminal without proof an owner knew. I think the underlying philosophy is that making the owner liable ensures that he will be attentive to the property and not intentionally decline to know about the property. We intend to hold the four owners personally liable for the lawful operation of the complex. I am personally very proud that the city vigorously defended the highly distasteful actions brought by these owners. In the end, those actions were dismissed, the owners have brought the buildings into compliance and the city retained all its enforcement and supervisory powers over these owners. Sincerely, CARSON, CLELLAND & SCHREDER William G. Clelland cc Charlie LeFevere • • BROOKLYN CENTER SUMMERCHASE COUNCIL BRIEFING OUTLINE The physical condition and the management and operation of Summerchase has long been a problem for the city. Owners Brooklyn Center Leased Housing Associates LLP and Brooklyn Center Leased Housing Associates, LLC and their owners Brachman, Sween, Safar and Brierton did not maintain the buildings in good condition nor according to codes and were very slow to respond to tenant complaints and city compliance orders. There have also been, historically, high rates of crime and calls for police services. As to most recent events, in the fall of 2000, SC did not qualify for renewal of its rental license due to building and housing maintenance code violations and lack of compliance with compliance orders. They were allowed to operate temporarily on condition that the orders be complied with and their regular rental license was renewed in April 2001. At that time, the owners were cautioned that civil and criminal enforcement would follow without prior issuance of notices and compliance orders since the owners have an affirmative obligation to keep the premises in good condition and in compliance with all laws even before any city complaint. In the summer of 2001, the Minnesota Housing Financing Agency of the state completed an inspection and found many substandard conditions existed and declared the premises to be out of compliance and required that the city certify that the premises had been brought into compliance. The city began negotiations with the owners for inspections which ultimately failed so the city undertook its own inspections in January and February 2002, finding numerous • building and housing maintenance code violations. Criminal prosecution was also commenced over the presence of junk vehicles in the parking lots, although the defendants were acquitted. In response, the owners commenced a series of lawsuits against the city and Mike and Brad, alleging racial discrimination, etc. The city brought a hazardous building action to compel the owners to rehabilitate the apartments and premises and compliance orders also to that effect. The hazardous building action dealt with major structural and hazardous conditions such as leaking roofs, mold infiltration, substandard balconies, missing or inoperable smoke detectors, missing or defective smoke gaskets, inoperable bedroom windows, deteriorated subflooring, deteriorated entry doors and the absence of safety glass. The compliance orders dealt with less serious violations such as need for painting, appliance repair, worn carpeting and/or flooring, etc. Settlement was achieved in late 2002 by which the owners dismissed all their lawsuits against the city and Mike and Brad, with prejudice, meaning those claims could never again be brought and they further agreed to rehabilitate the buildings. It was explicitly agreed that the city would not contribute any money or value to the rehabilitation and the owners affirmed they had sufficient resources to complete the contemplated repairs. • • The owners agreed to achieve a number of goals, including compliance with the city's compliance orders dated and served 8 July 2002 not later than 31 December 2002, which now has taken place and remediation, repair and rehabilitation of all items in the council resolution not later than 1 April 2003. STS has furnished several color -coded spread sheets, one dated 24 February 2003, one dated 3 March 2003 and the most current dated 20 March 2003, listing what work has been done by those dates and what work is left to do. City staff and I met with STS, contractor representatives, premises manager Jim Halvorson and the owner's attorney on Thursday, 20 March to review their progress, confer and reach agreement on the remaining remedial work and to consider the request of STS for additional time within which to complete the required repairs. WORK COMPLETED TO DATE. STS asserts and city inspections confirm that, to date, the owners have accomplished the following: 1. Roof repair. Complete roof replacement has been accomplished at buildings 2802/2806, 2810/2814 and 2912/2916. Roof repair has been accomplished at the other 8 buildings so that there will not be further water intrusion. These other roofs will be completely re- roofed within the next several years according to a schedule approved by the city staff. 2. Balconies. Most of the balcony repair has taken place. All footings have been • repoured. The city's own experts were not concerned that the balconies would collapse, even in view that some of the posts were cracked, but recommended additional reinforcement. That will take place in the form of (1) reinforcing the rails to the building, (2) binding or screwing the cracked beam and (3) flashing and caulking to prevent water intrusion. STS and Halvorson confirm this will be done by 1 April, 2003. Larry Martin also wants the lower stucco behind the decks checked and repaired as necessary and we agreed this could be done after the deadline, if necessary. 3. Safety glass at entries. All safety glass has now been installed as a part of installation of new entry doors. An issue arose in our meeting however, since the overhead pieces or transoms are deteriorated and it was expected that these would be repaired/replaced as a part of this work. It was agreed that this work will now be done and every effort will be made to do so by the deadline. Larry Martin says this is not a life - safety issue so it could wait if necessary. 4. Smoke detectors and smoke gaskets. All repairs have been accomplished. 5. Windows. All inoperable windows have now been repaired as required. 2 • 6. Subfloors. The city had a concern that toilets were leaking and that human waste might have contaminated some apartment subfloors. Many toilets were loose and some floors were noted to be soft or spongy. STS shot infrared scans of 25% of the floors randomly and stated that while there was evidence of some leaking, it was from supply valves and/or tub fixtures or tub overflowing such that contamination would not be present. All damaged areas have been repaired now. During our meeting with STS and other interested parties last Thursday, I specifically raised this point because I could not reconcile the city inspector's opinions that toilets were loose and that this indicated they were likely leaking. The city inspector s had also previously seen a plumbing chase with evidence that raw sewage had leaking around and down it. As a result of our meeting, it was agreed that by Tuesday, Larry Martin would identify the specific apartments where contamination was suspected and he and STS would agree upon an inspection protocol to physically investigate these floors. These areas would be those where the city specifically noted loose toilets and soft floors and those apartments, numbering about 40 where the entire ceilings had been replaced. Larry was satisfied that the other buildings could have been checked by the infrared scans. They would also investigate the plumbing chase which has since been covered up. 7. Mold remediation. During the 3 complete roof replacements, the underlying roof substructures were repaired as necessary as much was deteriorated and moldy due to the intrusion of water. Rehabilitation of the third floor apartments and in some cases, second floor apartments took place to remove moldy insulation and sheetrock and remediate the mold and restore the apartments. STS asserts that they have remediated the mold found by first securing the areas so • that further water will not intrude which maintains mold growth and second by treating the mold with bleaching products to kill it, which Larry Martin approves. After repair, subsequent air testing shows no elevated readings. Most of this work has been accomplished but some work remains at certain apartments, numbering about 18 in all. At our Tuesday meeting, I raised the issue that a number of areas at the wall air conditioner showed signs of water infiltration and therefore suspected mold and/or rot. It was specifically agreed that STS and the city staff would inspect each of these areas carefully, make their findings and develop any necessary repair protocols. WORK TO BE FINISHED AFTER 1 APRIL 2003. I was displeased to receive the request from STS for more time to provide for complete compliance with the settlement agreement. In a letter dated 19 March, 2003, STS states that they have taken additional mold samples from 18 apartments, out of a total of 252, and due to the time it takes to culture the samples to determine the type of mold, about 10 days, they will not know the type of mold with which they are dealing until about the first of April. If additional repairs are then necessary, those would take place after the deadline. STS is estimating that they might need an additional four weeks to finish this work. • 3 • I inquired as to why this work could not have been done sooner. I had written several letters to the STS staff last fall, reminding them of the deadline and stressing the need to proceed as expeditiously as possible so as to meet that deadline. The attorney for the owners also wrote STS echoing my thoughts. From our discussion and the explanations from various parties, I learned that the deadline of 1 April, set forth in the settlement agreement, had not been set after consultation with STS but had been somewhat arbitrarily set by the attorneys for the owners. Jim Halvorson had previously told me that last fall he had incurred repair costs and had engaged contractors without actually having the owner's money in his firm's accounts but had decided not to do so again and required deposits before he proceeded. I fully understand his position. The attorney for the owners said that it took them some time to arrange the financing for this project, which I imagine is quite expensive. I'm not sure why the owners did not and could not have arranged financing earlier since the negotiations as to settlement were lengthy and they always knew the city would insist upon rehabilitation of the premises to code. STS confirmed that the owners had been cooperative and they do not attribute delays to them once the construction began. Jim Halvorson specifically stated, upon my inquiry, that any delays were NOT due to an action or inaction on the part of the city. MY THOUGHTS AND RECOMMENDATIONS AS TO THE EXTENSION OF TIME • According to the terms of the settlement agreement, STS is the project manager. All rehabilitation of the premises must take place according to appropriate construction standards and must meet all codes and laws but STS has the authority to select the means, manner and timing of construction. All work was to be completed by 1 April, 2003 but the agreement provides that STS, in its discretion, could extend the time "based upon circumstances, conditions or events that arise which STS Engineering deems warrant an extension (including events beyond BCLHA's [the owners] control such as unexpected construction delays, delays by the city, weather delays, the need for additional testing and /or unanticipated complications with repair work.)" I don't think this need for additional testing arises from unanticipated conditions or surprises, weather or other, similar causes. I personally think there was tension among the owners and Jim Halvorson, the premises manager, about furnishing the funds and it took Halvorson some time to prevail. If disputes arise as to the nature, reasonableness, scope or timing of repairs, STS makes the final decision although Judge Ann Alton maintains jurisdiction for the next three years and would ultimately supervise this settlement, including the actions of STS. STS has honored all the city's prior requests for additional work and/or inspection. • 4 • Where we have questioned the adequacy of investigation, work and/or documentation of work, they have agreed with our requests. As an example, the roofing contractor once opened a roof, completed the work, called for an inspection and when he could not reach an inspector, closed the roof. We raised a strenuous objection and later learned that the contractor was working on Martin Luther King Day, which is not a day for the conduct of public business so he could not have the work inspected. Upon our demand, the roof was reopened for inspection. I recommend that the city agree to the extension for several reasons: Great progress as to the required repairs has already been made and most of the work will have been completed by the deadline. If we objected, STS has the power initially to make the decision and since we would disagree, by the time we obtained a hearing before Judge Alton, likely all the work would have been done. I don't think the judge would be very receptive to the city's objection since so much work has already been done. While we have been required to be very diligent in enforcing this agreement and compelling their attention to details, I am very satisfied with the performance of their manager, Jim Halvorson and the results he has achieved. I find him to be open, honest and very receptive to our • concerns. I know, based upon my own prosecution duties and after conferring with Captain McComb, that police and service calls to the complex are down significantly. Halvorson has evicted troublesome tenants and their own security force now prevents much trouble and /or deals with it prior to the necessity of tenants calling for police assistance. While reduction of service calls was not a specific term of this agreement, it is a component of good management and was an objective the city was seeking. Halvorson established regular times for meeting with and conferring with city staff and I am not aware of any request on the part of the city which he has refused. His performance leads me to believe that all the work will be completed very soon. Respectfully submitted, William G. Clelland City prosecutor • 5 City Council Agenda Item No, 9a There are no materials for this item. • • • City Council Agenda Item No. 10a C/tyof • MEMORANDUM BRODBLYN CFW" DATE: August 20, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works'l SUBJECT: An Ordinance Vacating a Portion of Street Right of Way: Shingle Creek Parkway South of 69` Avenue North On August 11, 2003, a second reading and public hearing was conducted for the proposed vacation of street right -of -way at Shingle Creek Parkway and 69` Avenue North. The public hearing was tabled by the City Council due to unresolved issues with an existing NSP /Xcel Energy utility easement. Engineering Division recommends approval of the proposed ordinance subject to at least the following conditions: 1. The existing NSP /Xcel Energy utility easement shall be added to the site plan and submitted to Community Development and Engineering to confirm that the proposed • Holiday Stationstore building is not within the NSP /Xcel Energy easement. 2. The Final Plat for Wirth Addition shall be revised to reflect recommendations provided in the July 15, 2003 memorandum from the Director of Public Works with the exception of Item No. 5 of that memorandum. 3. A drainage and utility easement be established and dedicated to the public for the portion of right -of -way that is vacated with this ordinance. 4. All parking lot and landscaping restoration shall be the responsibility of the property owner should these items ever need to be removed during future maintenance work within the drainage and utility easement established by the Final Plat for Wirth Addition. 5. This right -of -way vacation is subject to approval and recording of the Final Plat for Wirth Addition. • MEMORANDUM DATE: July 15, 2003 TO: Ron Warren, Planning and Zoning Specialist 'd FROM: Todd Blomstrom, Director of Public Works SUBJECT: Preliminary Plat Review for Wirth Addition Wirth Companies The Public Works Department has reviewed the Preliminary Plat dated June 25, 2003 for the Wirth Addition. The following comments and recommendations are provided for your consideration. Street Right -of -Way The property owner has met with City staff to discuss the potential of vacating a portion of right - of -way located to the north of the current alignment for Shingle Creek Parkway. The portion of right -of -way pro osed to be vacated is located along a section of Shingle Creek Parkway that • terminated at 69 Avenue prior to reconstruction in 1994. The portion of Shingle Creek Parkway adjacent to the site was shifted to the southwest and 69 Avenue was terminated at Shingle Creek Parkway with the 1994 reconstruction project. The City did not vacate the unused portions of right -of -way that are no longer necessary for public street after reconstruction was complete. Public Utilities Water main and sanitary sewer extend through the western portion of the site along the former alignment of Shingle Creek Parkway. These utilities were not relocated when Shingle Creek Parkway and 69 Avenue were relocated during reconstruction. The dedication of a permanent drainage and utility easement over the existing utilities will be required if the unused portion of public right -of -way is to the vacated. Recommendations 1. The south property line within the proposed right -of -way to be vacated shall be shifted north to provide a minimum of 1 -foot of separation between the existing sidewalk and the property line. 2. Beginning at a point 410 feet west of the existing site entrance, the south property line g g p g p P shall be shifted north to provide a minimum of 10 -feet of separation between the existing sidewalk and the proposed property line. This is to allow for the construction of a fixture • right turn bay along Shingle Creek Parkway at 69 Avenue North. GADepts\Public Works \Engineering\Development & Planning \Wirth Plat\Preliminary Plat Review.doc • 3. A 25 -ft radius shall be provided at the property corner in the northeast quadrant of the intersection of Shingle Creek Parkway and 69 Avenue North. 4. The portion of the platted area for public right -of -way shall be appropriately labeled on the plat. 5. The Plat shall include a permanent drainage and utility easement over the existing utilities within the site. The easement shall extend 15 -feet on both sides of the parallel sanitary sewer and water main located within the site. 6. The plat shall be revised to reflect the location of storm sewer along Shingle Creek Parkway. Contact John Harlow or Dave Peterson at 763 -585 -7190. 7. Vacation of right -of -way must be completed by City Ordinance prior to release of the Final Plat. 8. The Final Plat shall address Item No. 1 of the notes to include all existing easements based on current deed and title information. • • GADepts\Public Works \Engineering\Development & Planning \Wirth Plat\Preliminary Plat Review.doc . CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of August, 2003, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating certain public street right of way on Shingle Creek Parkway south of 69" Avenue North. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 - 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF STREET RIGHT OF WAY: SHINGLE CREEK PARKWAY SOUTH OF 69TH AVENUE NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The northerly and easterly portions of Shingle Creek Parkway right -of- way extending 650 feet south of 69 "' Avenue North is hereby vacated as a public street; provided, however, that a drainage and utility easement is retained and reserved within the area of the public street so vacated. The area of street right -of -way to be vacated is further described as all those • parts of the northeast quarter of the northeast quarter of Section 34, Township 199, Range 21, according to the government surveys thereof, and Shingle Creek Parkway as dedicated in the plats of Twin Cities Interchange Park and Earle Brown Farm Townhomes, Hennepin County, Minnesota, lying northeasterly of the northeasterly right of way line of Shingle Creek Parkway, as now layed out and traveled and northeasterly of Lot 29, Block 1, said Earle Brown Farm Townhomes and southeasterly of the southeasterly right of way line of 69"' Avenue North (formerly HCSAH No. 130, Plat 27) as now layed out and traveled and southwesterly of Tract D and Tract K of Registered Land Survey No 1499, Hennepin County, Minnesota. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2003. Mayor ATTEST: City Clerk Date of Publication • Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 10b • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist DATE: August 20, 2003 SUBJECT: An Ordinance Pertaining to the Licensing of Rental Units in* the City of Brooklyn Center At the July 28, 2003 City Council meeting the City Council approved An Ordinance Pertaining To The Licensing Of Rental Units In The City of Brooklyn Center, for a first reading. The Ordinance Amendment was published in the City's official newspaper on August 6, 2003 and is presented for a second reading and public hearing at the August 25, 2003 City Council meeting. • As background information for the Ordinance Amendment, staff is including the material included in the City Council packets at the July 28, 2003 meeting. • • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist DATE: July 21, 2003 SUBJECT: An Ordinance Pertaining to the Licensing of Rental Units in the City of Brooklyn Center At the direction of the City Council, the city's Housing Commission investigated and reviewed options for revising the city's rental licensing ordinance and reducing the calls for police and fire service at apartment complexes in the city. The Housing Commission's review of the city's rental licensing policies and procedures is part of the city's effort to improve the effectiveness of its policies and procedures relative to rental housing in the city. On March 25, 2002, the City Council adopted Ordinance No. 2002 -03, An Ordinance Amending Sections of Chapter 12 of the Brooklyn Center Code of Ordinances Relating to the Licensing of Rental Properties. The passage of this ordinance amendment was phase one of an effort to clarify the city's rental licensing regulations. The second phase, begun • by the city's Housing Commission in April 2002, was to consider additional changes to the city code relative to rental licensing which would address a more comprehensive approach to regulation of rental property. The Housing Commission began its review of rental licensing issues in April 2002 with the Commission's work culminating in a special joint meeting with the City Council to review its recommendations on April 2, 2003. The following is a summary of some of the major points of the Housing Commission's consideration of rental licensing amendment options. • The Housing Commission reviewed rental licensing ordinances and policies from numerous metropolitan area cities including Woodbury, New Brighton, Richfield, Minneapolis, Eagan, St. Louis Park and Brooklyn Park. Ordinances from the cities of New Brighton, Richfield and Brooklyn Park included a requirement for a provisional license. • The Commission also discussed the issue of tenant and employee background checks in rental properties. The Commission believed that background checks should be done on both employees and tenants and believed strongly that owners and managers should have this information available when making decisions about tenants and employees. • The training of apartment owners and managers was also discussed by the Commission. Some of the municipal ordinances reviewed required that owners /managers undergo some type of training, usually provided by the City. The general consensus of Commission members was that they did not want to become involved in training of • owners and managers since they did not want to "micro manage" the apartment complexes. Page 1 • • The Commission also discussed how fees should be used to relate to the number of calls for service and what fee structure would be both equitable to the apartment owners and managers but yet serve as an incentive to maintain low calls for service rates at their particular complex. The Housing Commission did not recommend a specific fee structure. • In reviewing the various municipal ordinances, the Commission believed it was important that any ordinance change enacted by the City of Brooklyn Center be compatible with the ordinance in Brooklyn Park since the two cities are so closely aligned in terms of the rental market. • The Commission also spent a significant portion of time reviewing the purpose paragraph contained in the current draft ordinance. The Commission emphasized the importance of this provision and particularly emphasized the section that states "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 enjoyment 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 ". • The Housing Commission's final draft ordinance, which was recommended to the City Council, most closely followed the New Brighton ordinance. The manager's certification section from the New Brighton ordinance was deleted from the Housing Commission's draft. This provision requires that a site manager must complete a training program provided or specified by the City. Additionally, the Housing Commission's draft • included background check provisions contained in Brooklyn Park's ordinance. JOINT CITY COUNCIL AND HOUSING COMMISSION MEETING HELD TO DISCUSS PROPOSED RENTAL LICENSING ORDINANCE AMENDMENT, On April 2, 2003, the City ouncil and Housing Commission met in a special oint session to Y g J discuss the Housing Commission's recommendations regarding An Ordinance Pertaining To The Licensing Of Rental Units In The City of Brooklyn Center. A summary of the main items discussed and recommended at the April 2, 2003, joint meeting follows: • The City Council and Housing Commission agreed that the City should establish a provisional rental license category for apartment complexes generating excessive police and fire calls for service. • The City Council and Housing Commission recommended at the April 2" meeting that, the point at which calls for service would require a provisional license would be .41 calls for service per unit per year, which is based on the mean average of calls for service for apartment complexes with more than four units. • The consensus of the City Council and Housing Commission was to apply the ordinance provisions to apartment complexes with five or more units. • The City Council and Housing Commission agreed that the term of any regular rental license should remain at two years, but language should be added to review a complexes call for service status before the license P eriod ends. • The City Council and Housing Commission also agreed that criminal background checks • should be conducted on prospective tenants and that this should be incorporated into the ordinance. Page 2 • • Housing Commission Chair requested a "no retaliation" provision be incorporated into the ordinance. MAY 8, 2003. ASSOCIATION OF RENTAL MANAGERS (ARM) MEETING TO REVIEW PROPOSED ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER. On May 8, 2003, the proposed ordinance amendment was discussed with the members of ARM. It was explained to the ARM group that the proposed ordinance will be reviewed formally by the City Council at their June 9, 2003 meeting and that the May 8, 2003 ARM meeting was an opportunity for property owners and managers to review and discuss the provisions of the proposed ordinance amendment. It should be noted that copies of the proposed ordinance amendment were mailed to all apartment property owners in Brooklyn Center. Some of the major concerns and discussion points raised at the May 8, 2003 ARM meeting follows: • One of the concerns expressed at the May 8 th meeting was that the number of calls for service at .41 would be a problem for smaller complexes. The calls for service number has since been revised to .65 per unit. This calculation is based on data from June 2002 through June 2003. • There was a concern expressed that the requirement for criminal back p q gr ound checks would create additional costs for apartment properties. As a response, the Housing • Commission, in its deliberation to prepare a draft ordinance, believed very strongly that apartment property owners and managers should conduct criminal background checks on tenants to assist them in making decisions on renting to specific individuals. • Another concern expressed was that tenant disputes can generate numerous calls for service and that this situation would be unfair in terms of counting all calls for service. It should be noted the ordinance addresses situations such as this whereby the City Manager may determine that multiple incidents shall be counted as a single call in appropriate cases. • Another issue raised at the May 8 th meeting was how to determine whether an offense is generated by a tenant or a guest and whether the guest's offense would count as a call for service against the apartment complex. This situation has been acknowledged and in the most current draft, vandalism calls have been deleted from the count of calls for service due to the fact that most vandalism calls are damage to vehicles caused by indiciduals not associated with apartment complexes. However, if any of the remaining offenses in the ordinance can be linked to a guest associated with a particular tenant or apartment unit, these calls would be counted against the apartment complex. CONSIDERATION OF AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER AT THE JUNE 9, 2003 CITY COUNCIL MEETING. At the June 9, 2003 City Council meeting, an opportunity was provided to apartment owners and managers to discuss and comment on the proposed ordinance amendment. It was noted at the outset of the meeting that the original draft of the ordinance contained an incorrect mean average • of .41 calls for service er unit t and that the correct mean average should actually be .51 calls for Page 3 I • service per unit on an annual basis calculated on calls for service during calendar year 2002. A summary of the comments and concerns raised by apartment property owners and managers at the June 9, 2003 City Council meeting follows: • A concern was expressed by one apartment owner that the requirement to prepare a mitigation plan would take time away from normal management duties and that the ordinance provisions could reduce the value of rental properties in the city. • Some of the property owners /managers present at the meeting suggested that the focus of enforcement should be on tenants and those managers that are not managing their properties well. • It was also suggested by property managers at the meeting that the ordinance may result in owners and managers telling their tenants not to call the police for service. • There was some concern expressed by apartment owners and managers that it is not fair to hold landlords responsible for tenant behavior and that the city should focus on what the landlords can control not what they cannot control. • The Council concluded the discussion of the rental licensing ordinance and tabled the item to the July 28, 2003 City Council meeting to provide an opportunity for additional discussion and review by apartment owners and managers at the July 10, 2003 ARM meeting. DISCUSSION AND REVIEW OF AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER AT THE JULY 10, 2003 MEETING OF THE ASSOCIATION OF RENTAL MANAGERS (ARM). • Staff presented a revised ordinance pertaining to the licensing of rental units in the City of Brooklyn Center to the ARM group. In part, the revised draft was in response to comments received from apartment owners and managers relative to the types of calls for service, which would be counted for a provisional license. In the revised draft presented at the July 10 ARM meeting, vandalism calls had been deleted from the count of calls for service since the majority of vandalism calls were generated by individuals not connected to particular apartment complexes. Subsequently, the revised calls for service, which would initiate a provisional license was proposed at .65 calls for service per unit annually. Based on comments and questions from apartment owners and managers at previous meetings, staff distributed samples of two mitigation plans from the City of New Brighton so apartment owners and managers could review the types of information typically included in a mitigation plan. Lieutenant Kevin Benner reviewed a Power Point presentation relative to the proposed ordinance and discussed the specific types of violations, which would be counted in the calls for service total. In their discussion of the draft ordinance, property owners and managers raised some of the same issues discussed at previous meetings. A summary of their comments from the July 10 ARM meeting follows. • Page 4 • • Concern was expressed over the process used to generate the ordinance, suggesting that there should have been more involvement from apartment owners and managers in the drafting of the ordinance. • A suggestion was made that property owners could be fined for false fire alarms rather than being issued a provisional license. • One property owner commented that even though he feels his building is properly run and he screens his tenants, it is not always possible to predict a tenant's behavior. • Resources available to assist property owners and managers in addressing tenant problems was also discussed and one property manager commented that she believed it is the responsibility of the owners and managers to educate tenants and not the City. She also noted there are resources available for owners and managers to provide educational opportunities for tenants. • A concern was expressed that smaller complexes would be unfairly impacted by the ordinance relative to the calculation of calls for service which would trigger a provisional license. Initially, the Housing Commission discussed including all rental property, including single family, in the ordinance. The recommendation to include properties with five or more units is a modification of the Housing Commission's initial position. Staff noted that the draft ordinance would again be reviewed by the City Council at their regular meeting to be held on July 28, 2003. SUMMARY OF PROVISIONS OF PROPOSED ORDINANCE PERTAINING TO THE • LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER Based on feedback from apartment owners and managers at the meetings reviewed in this memorandum, staff has revised the proposed ordinance pertaining to the licensing of rental units in the City of Brooklyn Center. The revisions consist of removing vandalism as an offense that will count towards an apartment's call for service. Vandalism has been removed since it has been determined that the majority of vandalism incidents at apartment complexes involve damage to motor vehicles, typically none by persons not associated with the apartment complex. As a result of eliminating vandalism from the offenses counted for the calls for service total, the calculation of the mean average also changes. The revised ordinance establishes .65 calls for service per unit per year as the point at which a provisional license is required, based on June 2002 through June 2003 calls for service data. A summary of the major provisions of the ordinance follows. • Section 12 -901. Licensing of Rental Units. This section creates two types of licenses, regular and provisional. Regular licenses will be issued for a period of two years and 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. • Section 12 -910. License Suspension or Revocation, Denial and Non - Renewal. The amendment to this section specifies that a regular license may be revoked at the end of any six month review period, as described in Section 12 -901 (2) or at the end of the two year term upon a finding that the licensed remises are only eligible ble fora rovision • P Y g provisional license as provided in Section 12 -913. The purpose of this provision is to provide ongoing monitoring of an apartment complexes performance in terms of calls for service Page 5 • and the option to revoke a regular license and convert it to a provisional license should the performance of the apartment complex require it. • Section 12 -912. No Retaliation. This rovision prohibits landlords from taking P p g retaliatory action against tenants making calls for service in good faith. This provision was recommended to be added at the April 2, 2003, joint meeting between the Housing Commission and City Council. This section does not preclude a landlord from taking action to evict tenants for unlawful conduct or violation of any rules, regulations or lease terms, but it does restrict the landlord's actions relative to evicting a tenant for retaliation for a call for service made in good faith by a tenant. It should be noted that both the New Brighton and Brooklyn Park ordinance contain a `no retaliation' provision and that State Statute 504B.205, Subdivision 1, Paragraph 2b, states that "a residential tenant may not waive and a landlord may not require the residential tenant to waive the residential tenant's right to call for police or emergency assistance ". • Section 12 -913. Provisional Licenses. This section provides that licensed multiple dwellings with five or more units that have generated an average of .65 or more police or fire calls per dwelling unit in the preceding one -year period are eligible only for a provisional license. This section also specifically defines the types of offenses that are counted towards the calls for service number. • Section 12 -913. Also provides that the City Manager may determine that multiple incidents shall be counted as a single call in appropriate cases. This addresses a situation where multiple calls may be generated from a single tenant towards another tenant or other situations where it would be inappropriate to count all the calls for service against • the apartment complex. - This section also provides that calls will not be counted against the apartment complex relative to domestic abuse as defined in the domestic abuse act. - Section 12 -913 establishes the period of time used to determine whether a provisional license is required as the 12 month period ending two months before the six month review period described in Section 12 -901 (2). - Section 12 -913 requires that the city provide by mail to each licensee a monthly report of the calls that are being counted to establish the apartment complexes calls for service number. Section 12 -913 also requires that applicants for provisional licenses must submit for Council review a mitigation plan for the license period. Essentially, the mitigation plan is intended to describe to steps the licensee will take to reduce the number of police and fire calls. Examples of two mitigation plans from the City of New Brighton were distributed at the July 10, 2003 ARM meeting and those examples are included in the agenda packets. The ordinance requires that the rental license application include a mitigation plan to be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition of the mitigation plan and a license application. The applicant is also given an opportunity to be heard and present information to the City Council relative to the license application. • This section also specifies that if the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for doing Page 6 I • so in writing. Once the provisional license is approved, the licensee must comply with the mitigation plan as approved or modified by the City Council. The licensee is also required not later than the tenth day after each calendar month to deliver to the City Manager a written report describing steps taken in furtherance of the mitigation plan during the preceding month. • Section 12 -914. Tenant Background Checks. This section requires criminal background checks be conducted on all prospective tenants covering at least the last three years. The Housing Commission believed very strongly that a criminal background check is important information for landlords to know so that they are aware of individuals to which they are renting units. CALLS FOR SERVICE COUNTS The police department has generated calls for service data for the city's apartment complexes from June 2002 through June 2003. The calls for service counts are included with this memorandum. With the June 2002 through June 2003 data, the police department has eliminated vandalism from the list of calls and has prepared the counts of calls for service based on validated disturbing the peace calls. • Validated disturbing the police calls reflect disturbing the peace calls for which a police officer responded during the June 2002 through June 2003 period and for which the • officer was able to confirm or validate the legitimacy of the call. Even though a non- validated call may reflect an actual disturbing the peace incident, if the officer arrives at the scene but cannot confirm the authenticity of the call, the officer cannot validate the offense. An example might be a situation where a call is made to the police for a loud stereo, the officer arrives and the stereo has already been turned down. At this point the officer is unable to validate the call. • Using validated calls for the June 2002 through June 2003, the calls for service data reflects a .65 mean average. This is the calls for service number reflected in the proposed ordinance. PROVISIONAL RENTAL LICENSE FEE STRUCTURE The current license fee for multiple family dwellings is $150 for each building and $10 for each dwelling unit for a two -year license period. The following information shows various fee structures for a provisional license. The establishment of a fee structure would be accomplished in a separate resolution. MULTIPLE FAMILY DWELLING LICENSE FEE EXAMPLES BASED ON BIENNIAL FEE STRUCTURE A. Current fees are $150 per building and $10 per unit for a two -year license period. Under the current fee structure the rental owner pays the equivalent of $37.50 per building and $2.50 per unit every six months. B. A 50 percent increase in fees for a provisional license based on a biennial fee structure • would mean $225 (50 percent increase) per building and $15 (50 percent increase) per i Page 7 . unit pro -rated over a two year period would be the equivalent of $56.25 per building and $3.75 per unit every six months. C. A 100 percent increase or doubling of the current fees for a provisional license based on a biennial fee structure would mean $300 (100 percent increase) per building and $20 (100 percent increase) per unit pro -rated over a two year period would be the equivalent of $75 per building and $5 per unit every six months. As an example, for a 100 -unit complex with five buildings, the fee structure would cost the following: Scenario A — Regular License $437.50 every six months. Scenario B — Provisional License at 50 percent increase based on biennial fee structure - $656.25 every six months. Scenario C — Provisional License at 100 percent increase based on biennial fee structure - $875 every six months. If the 50 percent increase in rental license fees were to be imposed at each renewal date of the provisional license or every six months, the cost for a provisional license for a 100 unit, 5 building complex would be $225 per building and $15 per unit or $2,625 paid every six months as long as the provisional license is renewed. A 100 percent increase in the license fee would result in $300 per building and $20 per unit or $3,500 every six months in the five building, I00 -unit example. • A copy of the proposed ordinance pertaining to the licensing of rental units in the City of Brooklyn Center is included with this memorandum and is offered for a first reading. Also included in the list of attachments are: • Apartment calls for emergency service — June 2002 through June 2003. The chart shows the calls for service per unit for the reporting period June 2002 through June 2003 starting with the lowest calls for service complex to the highest. • City of Brooklyn Center Calls for Police/Fire Service Rental Property (more than four units) 2002 -2003 • Copies of two mitigation plans from the City of New Brighton. (The names of the apartment complexes have been blacked out.) • Page 8 • Attachments, An Ordinance Pertaining to the Licensing of Rental Units in the City of Brooklyn Center Apartment Calls for Emergency Service — June 2002 through June 2003 City of Brooklyn Center Calls for Police/Fire Service Rental Property (more than four units) 2002 -2003 Sample Mitigation Plans • • Page 9 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25' day of August 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 Deputy City Clerk at 763 -569 -3303 to make arrangements. ORDINANCE NO. 2003 -11 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 purpose 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 entemrise that entails certain responsibilities. Operators are responsible to take such reasonable steps as are necessary to assure that the • citizens of the city who occupv such units may pursue the quiet enjoyment 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 pronertv, 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 obtained 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. 2003 -11 • 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 approved mitigation plan in the case of provisional licenses. ORDINANCE NO. 2003 -11 • 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 Chapter. [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 any six -month review period. as described in section 12- 901(2) or at the end of the two -year 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. 2003 -11 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 any other punitive action against • any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity. suspected criminal activity, suspicious occurrences or public safety 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 any 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 anveras;e of .65 or more police or fire calls per dwelling_ unit in a preceding one year period as specified below are eligible only for provisional licenses. Properties with provisional licenses may oualifv for a regular license only after a one year period with fewer than .65 police or fire calls per dwelling unit. a. Police and fire calls that are counted in determining whether a provisional license is reauired include the following types of calls or events. all of which are hereby declared to constitute a nuisance or other disorderly • conduct: ORDINANCE NO. 2003 -11 . .(i� calls or events listed in Section 12 -911; ii calls or events categorized as Dart one crimes in the Uniform Crime ReDortine System. including homicide. rare. robbery. aggravated assault. burglary. theft. auto theft and arson; (iii) calls or events categorized by the Dolice deDartment 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 19- 402 C) Drug DaraDhernalia (Minn Stat. 152.092) d) Loud Dersons — City Ordinance 19 -1201 e) Gambling (Minn Stat. 609.755 & 609.76) f) Loud Darties — City Ordinance 19 -1201 g) Prostitution (Minn Stat. 609.321) h) Noise — cars /dogs City Ordinance 1-110 - horns /radios — City 19- 1201.02.03 i) Fights — City Ordinance 19 -203 • j) Drugs /narcotics and /or narcotic Drecursors (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) ProDertv 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 aDDropriate cases. ORDINANCE NO. 2003 -11 • b. Calls will not be counted for purposes of determining whether a provisional license is required 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 518B.01. Subd. 2 (a). C. The period of time used to determine whether a provisional license is required is the twelve (12) month period ending two months before the six -month review period described in section 12- 901(2). d. The Citv will provide by mail to each licensee a monthlv 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 Wan shall describe steps proposed by the applicant to reduce the number of police and fire calls described in paragraph (1) (a) to a • level that aualifies for a regular license. The mitigation plan may include such steps as: changes in tenant screening procedures, changes in lease terms, securitv measures, rules and regulations for tenant conduct, and security personnel. 3. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the Citv Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan. the Council will consider, among other things, the facilitv. 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 applicant alreadv under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire calls. ORDINANCE NO. 2003 -11 • 4. The licensee shall comply with the mitigation plan 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 Citv Manager a written report describing all steps taken in furtherance of the mitigation plan during the nreceding month. Section 6. Chanter 12 is herebv 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 nrosnective tenants covering at least the last three vears: 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 anv prospective tenant in their previous states of residence covering the last three vears if they have not resided in Minnesota for three vears or longer: (d) A criminal history check of anv arose_ ective tenant must be conducted in all seven counties in the metro Twin Citv area covering at least the last three vears including all misdemeanor, gross misdemeanor, and felonv convictions. 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 25`" day of August 2003. Mayor ATTEST: City Clerk Date of Publication: September 4, 2003 . Effective Date: October 4, 2003 (Underline indicates new matter; brackets indicate matter to be deleted.) CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the day of . 2003, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 612 -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 puroose of this section to assure that rental housing in the citv 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 communitv. The operation of rental residential properties is a business enterprise that entails certain responsibilities. • Operators are responsible to take such reasonable steps as are necessary to assure that the citizens of the citv who occunv such units may pursue the quiet eniovment of the normal activities of life in surroundings that are: safe. secure and sanitarv: free from noise. nuisances or annovances: free from unreasonable fears about safetv 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 obtained 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 vears. 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. • 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 approved mitigation elan in the case of provisional licenses. e. failure to operate or maintain the licensed premises in conformity with all applicable state laws and codes and this Code of Ordinances. f. anv other violation of this Chapter. [2.] 5. Revocation, suspension and non - renewal may be brought p Y under either this Section or Section 12 -911, or both. MDT- 223920v2 2 BR291 -16 [3.] L. 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, denv 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. 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. MDT- 223920v2 3 BR291 -16 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 activity, 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 .65 or more Dolice or fire calls Der dwelling unit in a Drecedine one year neriod as specified below are eligible only for Drovisional licenses. ProDerties with Drovisional licenses may oualifv for a regular license only after a one year Deriod with fewer than .65 Dolice or fire calls Der dwelling unit. • a. Police and fire calls that are counted in determining whether a Drovisional license is reauired include the following tvDes of calls or events: calls or events listed in Section 12-911 ii) calls or events categorized as Dart one crimes in the Uniform Crime ReDortine System, including homicide. rape, robbery, aggravated assault, burglarv, theft. auto theft and arson: (iii) calls or events categorized by the Dolice deDartment 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 DaraDhernalia (Minn Stat. 152.092) d) Loud Dersons — City Ordinance 19 -1201 e) Gambling (Minn Stat. 609.755 & 609.76) f) Loud Darties — City Ordinance 19 -1201 • g) Prostitution (Minn Stat. 609.321) MDT- 22392M 4 BR291 -16 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 Citv Manager may determine that multiple • incidents shall be counted as a single call in appropriate cases. 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 518B.01, Subd. 2 (a). I C. The Period of time used to determine whether a Provisional license is required is the twelve (12) month Period endine 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 plan shall describe steps proposed by the applicant 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 plan may include such stews as: changes in tenant screening procedures, MDT- 223920v2 5 BR291 -16 changes in lease terms, security measures. rules and regulations for tenant conduct, and security personnel. • 3. The aDDlication with a Droposed mitigation plan will be presented 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 oDDortunity to be heard and Dresent evidence, the Council shall aDDrove, disaDDrove. or aDDrove with conditions the aDDlication and the mitigation Dlan. If the Council disaDDroves an aDDlication 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 Dractices. the nature and seriousness of causes for Dolice and fire calls and the expected effectiveness of measures identified in the Dlan to reduce the number of Dolice and fire calls. In evaluating a mitigation Dlan submitted by an aDDlicant already under a Drovisional license, the Council will also consider the effectiveness of measures identified in the aDDlicant's Drevious mitigation Dlan and the need for different or additional measures to reduce Dolice and fire calls. 4. The licensee shall comDly with the mitigation Dlan as aDDroved 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 Drecedine month.. Section 6. Chanter 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 DrosDective tenants. The criminal background check must include the following: (a) A statewide (Minnesota) criminal history check of all DrosDective tenants covering at least the last three years: the check must be done "in Derson" or by utilizing the most recent update of the state criminal history files: (b) A statewide criminal history check from the DrosDective tenant's Drevious state of residence if the tenant is moving directly from the previous state, (c) A criminal history check of any DrosDective tenant in their Drevious 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 DrosDective 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. MDT- 223920v2 6 BR291 -16 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. • Adopted this day of 200 p Y Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underline indicates new matter; brackets indicate matter to be deleted.) • • MDT- 223920v2 7 BR291 -16 • Auartment Calls for Emergencv Service -June 02 thru June 03 (These totals are from validated calls for service) Calls Per Unit j Basswood Apts I 0 Brookdale Manor 0 370147"' j 0 j 3713 47 t `' 1 0 j j 3725 47 0 4715 France 0 j 5 843 Fremont j 0 Crossing at Brookwood j .01 j Earle Brown Terrace 1.02 ' Maranatha Place j .05 j Humboldt Square .06 Carrington Drive .09 Twin Lake North 1 .09 3501 47 .09 3513 47 .09 6037 Brooklyn Blvd. .09 5207 Xerxes j .09 j 5301 Dupont j ,1 j • j 5209 Xerxes j 1 j Earle Brown Farms .11 6331/6401/6425 Beard Garden City Court Melrose Gates .11 Shingle Creek Tower j .13 Evergreen Park Manor 1 .13 Willow Lane .14 7240 West River Road j .14 Brookhaven Apts. j ,17 The Lilacs .18 Brookdale Towers ,22 j 3401/3413 47 j .23 Twin Lake Manor 1.25 River Glen j .25 7230 West River Road j .25 The Pines j .26 5500 Bryant 1 .27 Humboldt Courts j .28 Georgetown Park j ,29 j 7250 West River Road j ,29 • j Marvin Gardens j .31 j Riverwood Estate .31 • 7018 Brooklyn Blvd .38 Unity Place .38 Sommerset .39 Ewing Square .43 Brookside Manor .5 Lake Shore .5 Sterling Square 5 5211 Xerxes ' .5 Summerchase .63 Victoria .65 6101 Beard .67 4819 Azelia .75 Emerson Chalet .78 3601 47 1 5240 Drew 1 361347 Ih f 1.55 • • City of Brooklyn Center Calls for Police/Fire Service Rental Property (more than four units) 2002 -2003 ILI N 'N w 0� •� O . Q O ti y� Basswd Apts l 0 i 01 0{ 0 1 0 1 0 1 01 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 01 01 01 11 0.00 Brookdale Manor 1 0 0 1 0 1 0{ 0{ 0 1 0 1 0 1 0{ 0 1 0 1 0 1 0 1 0 1 0 0{ 0 0 0 1 0 21 0.00 Brookdale Towers 0 5 1 1 1 0 1 0 0 0{ 0 1 1 2 0 0{ 0 0 1 0 0 0 1 11 50 0.22 Brookhaven Apt 4 1 1{ 0 0 0 3` 0 0 0 0 0 0{ 0 0 0 0 0 0{ 91 54 0.17 Brookside Manor { 81 21 1 2 1 01 2 1 01 01 3 1 01 01 4 1 1 1 1{ 1 1 0 1 0 1 1 1 0{ 1 1 45 1 90 { 0.50 Carrington Drive { 1 1 5 1 2 1 0 1 0 1 0 1 0 1 2 1 0{ 0 1 1 1 0 1 01 1 1 01 01 0 1 0 1 0 1 12 { 128 1 0.09 Crssgs at Brkwd { 0{ 0 1 1 1 0{ 0{ 0 1 0{ 0 1 0 1 0 1 0{ 0{ 0 1 0 1 0 1 0 1 0 1 0{ 0 1 1 138 1 0.01 Earle Brown Terr 0 1 1 1 0{ 0 1 1 1 0 1 0 1 0 1 01 01 01 01 0 1 1 0 1 0 1 0 0 0{ 3 1 140 1 0.02 Earle Brown Farm 0 1 4 1 3 1 0 1 1 1 0 1 0 1 1 1 0 1 0( 2{ 1{ 0{ 1 0{ 0{ 0 0 0{ 13 { 120 { 0.11 Emerson Chalet 5{ 4 1 0 1 01 1 1 0 1 0 1 2 1 0{ 0 1 1 1 0{ 0 1 0 1 01 1 1 0 1 0 1 0 1 14 1 18 1 0.78 Evrgrn Park Mnr 1 0 1 4 1 1 1 0 1 0 1 0 1 0 1 0 1 0 1 1 1 1 1 0 1 0 1 1 1 01 21 0 1 0 1 0 1 10 { 80 1 0.13 Ewing Square { 1 1 2 1 0{ 0 1 1 1 0 1 0 1 4 1 0 1 0 1 0 1 0 1 01 1 1 01 1 1 0{ 0 1 0 1 10 1 23 1 0.43 Garden City Ct { 21 4 1 0 1 0 1 0 1 0 1 01 1 1 01 01 01 1 1 0 1 0 1 0 1 0 1 0 0 0 1 8{ 72 { 0.111 Georgetown Park 1 0 1 6 1 4{ 0 1 5 1 01 0 1 3 0 1 1 0 1 1 1 01 1 1 2 1 4 0` 0` 0 27 1 92 1 0.291 Humboldt Courts ( 0 5 1 1{ 0 0 1 0{ 0{ 3 0 0 0{ 1 1 0 1 0 l 0 1 01 01 0 1 0 1 10 1 36 1 0.28 Humboldt Square 1 0 1 1 1 0 1 0 1 0 1 01 01 0 1 01 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 1 1 18 1 0.06 Lake Shore 1 0 1 1 1 1 1 0 1 0 1 0 1 0 1 0 1 01 01 0 1 0 1 0 1 0 1 0{ 1 1 01 01 01 3 1 6 1 0.50 Maranatha Place { 0 1 1 1 01 01 01 01 01 01 01 01 01 01 0 1 01 0 1 0( 0 1 0 1 2 1 3 65 0.05 Marvin Gardens 1 4 3 1 2 1 1 2 1 0 1 0 1 1 0 1 0 0 1 1 0 1 0 0 2 0 0 0 16 52 0.31 Melrose Gates 1 2� 5{ 2 1 1 1{ O 1 0 6� 0{ 3� 1{ 0` 0{ 0� 0 0 0 0� 4 24 217 0.11 River Glen 5 7 1 1 1 01 01 0 1 0 8 0 2 1 1 1 2{ 3 3 0 0 0 0 0 32 128 0.25 Riverwood Estate 5 10 2 0 0 0 1 2 0 1 0 1 1 2 0 0 1 0 0 26 84 0.31 Shingle Crk Twr 2 4 1 0 0 0 0 3 0 0 3 0 0 0 0 1 0 0 2 16 122 0.13 Sommerset 0 5 1 0 1 0 0 2 0 0 4 0 1 0 0 0 0 0 0 14 36 0.39 I • • is ° I ts ron ° ° c o 4 ' •R •° �' Sterling Square i 2i 5� 2i 0� 1� 0 0� 4� 0� 0� 10� 0� 0� 0� 0� 1� 0� 0� 2{ 27 54 0.50 Summerchase 27 42 13 0 5 0 0 15 0 1 18 9 1 7 0 2 0 1{ 18 { 159 252 0.63 The Lilacs ( 0( 1( 1( 0{ 0( 0( 0{ 1( 0{ 0{ 0{ 0{ 0( 1{ 0{ 0{ 0{ 0( 0{ 4{ 22{ 0.18 The Pines { 2{ 10 3{ 0► 1{ 0► 0{ 0{ 0► 1 2{ 1( 1► 2{ 2 2( 0 0( 0{ 27► 102( 0.26 Twin Lake Mnr ( 3( 25( 20 2{ 3► 0{ 0( 7 0{ 1( 3( 5 0{ 3► 0 5{ 0 0 0 77► 310( 0.25 Twin Lake North ► 0 6► 7 0( 1( 0 0( 3{ 0 0{ 4 2 0{ 0 0 1 0 0 0 24 ► 276 0.09 Unity Place ( 8 11 4 0 2 0 0( 4 0 0 1 1 0 1 9 2 0 0 0 43 ( 112 0.38 Victoria 6 5{ 0 0� 2` 0 0 4� 0 0� 5 1 0� 4 0 4( 0( 0( 0( 31( 48 0.65 Willow Lane { 1( 2{ 1► 0( 0( 0( 0{ 2 0{ 0{ 0{ 0( 0 1( 0{ 0 0( 0( 1 8{ 58� 0.14 3401,341347 { 0( 1 1( 0( 1( 1► 0( 0� 0{ 0► 0{ 0{ 0{ 0{ 0{ 1 0( 0( 0 5{ 22 0.23 350147 0{ 1� 0 0( 0( 0 0 0{ 0► 0{ 0{ 0 0 0 0► 0 0( 0( 0 1 11 0.09 351347 { 0 1{ 0 0{ 0{ 0 0 0) 0 0( 0 0 0 0 0 0 0 0( 0 1 11 0.091 360147 1 4 0 0( 0 1 0 1{ 0� 0{ 1 3 0 0� 0� 0 0� 0► 0 11 11 1.00 361347 ` 2 4� 1 0 1� 0{ 0 0► 0{ 0( 0( 0( 0( 0( 0{ 1( 0( 0( 0( 9( 11( 1.55 370147 ► 0{ 0► 0( 0( 0( 0( 0( 0{ 0► 0{ 0( 0► 0I 0{ 0( 0{ 0( 0( 0{ 0( 11( 0.00 371347 ( 0( 0{ 0{ 0{ 0{ 0( 0{ 0{ 01 01 01 01 0l of 01 0l of of 01 0{ 11 0.00 372547 { 0► 0► 0( 01 0( 0( 0I 0► 0{ 0( 0( 0{ 0( 0 0 0( 0 0( 0( 0 11 0.00 4819 Azelia ( 0 1► 1 0 0( 0( 0 1{ 0 0{ 1{ 0► 0 0 0 5{ 0 0 0 9 12 0.75 6101 Beard ( 2� 4( 2 0` 0{ 0 0� 1► 0� 0► 5{ 1{ 0� 1 0 0 0 0� 0� 16 24 0.67 6331/6401/6425Bd ( 0( 1{ 1 0{ 0► 0{ 0► 0 0► 0{ 2 0► 0{ 0( 0► 0{ 0► 0{ 0( 4► 36( 0.11 6037 BB ( 0{ 1{ 01 01 0{ 0► 0( 0( 0( 0( 0{ 0{ 01 0I 0( 0 0( 0( 0 1► 11( 0.09 7018 BB ( 0► 2( 0► 0( 0( 0( 0( 0( 0( 0( 0( 1( 0► 0( 0( 0( 0( 0( 0( 3( 8( 0.38 5500 Bryant ( 2 ( 1 ( 01 0 I 0 I 01 0 l 0 ► 01 0 ( 01 01 0 ► 0 1 0 ► 0 ► 01 0 0 3 ► 11 ( 0.27 5240 Drew 0 4 1{ 0( 0{ 0 0{ 1! 0 0( 4( 0 0 0 0 0( 1( 0 0� 11( 11 1.00 5301 Dupont ` 0{ 1� 0 o{ 0� 0� 0► 0I 0` 0{ 0► 0� 0� 0� 0� 0{ 0► 0 0( 1( 10( 0.10 4715 France ( 0( 0( 0( 0( 0{ 0► 0{ 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{ 0( 0( 0 0► 0{ 0( 0 7 0.00 7230 WRR ( 0 1 { 01 0{ 0{ 01 0( 01 0( 01 01 0{ 01 1 0 0 0 0( 0{ 2 8 0.251 7240 WRR 0 0 0► 0 0 0 0{ 0 0 0 0 0 0( 0 0 1 0 0 0 1 7 0.14 7250 WRR 0 0 0 0 0 0 0( 0 0 0 1 1 0 0 0 0 0 0 0 2 7 0.29, 5207 Xerxes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 11 0.09 5209 Xerxes 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 10 0.10 5211 Xerxes 0 2 0 0 1 0 0 0 0 0 0 0 0 0 0 I 0 0 0 0 3 6 0.50 Total CFS ( +4 units) 95 235 89 5 33 60 1 81 15 17 77 34 1 33 13 ` 39 3 1 30 793 3,318 0.24 • • • Jul. 2. 2003 12 :33PM No-5058 P. 3/10 Match 13, 2002 FROPOSED MUIGATION PLAN owner-ship and strive to provide quality housing to the residents of aid for the property to be . a good neighbor in the larger community. Many measures have been implemented on the property in an attempt to mk m•iz the number of calls for emergency services. These measures range from strict resident screening, to additional stafrng, and partu=lnps with other community agencies to provide on site social service programs, bput and suggestions have been solicited from local resources (including a Community Assessment completed in August 2001). In addition, thorough research into management models and actual, practical situation management of affordable housing across the country has been reviewed. Calls for service have declined at ver the last months, however the property is continuing to review, test, and implement additional measures to further reduce the number of calls. Some of these measures have been at a large. financial expense to ownership, while others have been made possible through great partnership • funding with other local and regional organizations. . Listed below are the current and future key points of the on going, and =tinually. developing Mtigation plain RESMM SCt2UNmc CRUERU • All adult prospective renters must show a photo fi3 at the time of their tour and application. • All applicants age 18 years and older are screened through a local scree=g company. • Application approval is based on the previous three years of housing, credit, income and criminal history. • Criminal background is checked at both the state and 7 county metro levels, and m any other state in which the applicant resided within the past .2 years. • Grounds for automatic denial of an application includes: falsification on application, felony or serious misdemeanor conviction, poor landlord reference monies owed to a previous landlord, open banhuptcy or tax lien. • Applications that pass these auto - denial criteria are reviewed on a strict point based system. Jul. 2. 2003 12:33PM No-5058 P. 4/10 March 13, 2002 -2- ADENY' CONDUC CRUF UA, • • All leaseholders are required to sign the Crime Free Lease Addendum with their initial lease term.. • Prgperty manager monitors security company logs, pplice report information, resident calls and all other sources of information concerning resident behavior. Follow up with problem persons or households is a daily part of her job. • Currently in development is a `hero Tolerance" addendum that addresses nuisance activities that have not, in the past, been viewed by the Ramsey County Housing Court as sufficient grounds for eviction. Examples of activities that increase the calls for service, but for which it is very difficult to evict include: loitering in hallways or on building entry steps and unsupervised juveniles. We believe that by emphasizing the positive resources that the property makes available, a Zem Tolerance addendum will allow management to be more . aggressive through the court system to evict the persons or household(s) who threaten these programs with their nuisance behaviors. PHYSICAL PROPERTY U*M0VTMEM'3 o Installed controlled entry systems on all buildings in 2001. O Installed additional exterior lighting on buildings and garages in 2001 and 2002. • Installed covert cameras to' monitor activity in particular area of property. • • Replaced 4' fencing with 5' fencing along north property line. Added additional fencing along garages near creels. • Removed or trimmed landscape areas to removed any overgrown shrubs etc. • Installed additional lock options on all l' floor patio doors. • In 2002 will complete floral phase of fire panel and system upgrades throughout the property. • Added on -site basketball -court to address neighborhood concern that resident children had "taken over" the courts at the nearby local par'l. • Have completed architectural drawings to remodel a portion of the existing space in the recreation building to meet the City E -2 building code, Tf this can be funded and built out in the spring of 2002 the site can look forward to the return of the Tiger Paws after school and summer program. PERSONNEL • Increased contracted security company patrols from 5 to 7 nights/week iii 2001. • ' Site manager, has planned and implemented between 1 aud•3 resident meetings each month since the summer of 2001. Meetings range from a core resident group interested in forming a resident council, to a property -wide National Night Out celebration with over 200 residents and guests attending. • In 2002 added a full -time position for a Resident Services Coordinator. This • position will assist the manager in planning and holding resident meetings mentioned above, and coordinating with outside service providers for additional programs on the premises. This position is hired by the management company Jul. 2. 2003 12:33PM No•5058 P. 5/1.0 March 13, 2002 -3- and paid for by an wnersb�ip. The position was filled in • February 2002, d a Pew rson is currently going through New e Y g g ugh. Hue Tramm& • Management actively recruits and whenever possible bEires new staff members who are able to live on site ADlDry ONAJL POLICE PRXSWCE Manage:' has worked with police department personnel to re- estabiish a police substation at the property as of ibis month. Previous location was not easily accessible and therefore was rarely used by the officers. Current location is near high traffic area of property, emilY accessible;'and has good view of a troublesome building entry- Location of this unit could be moved if problem area shifts. Ownership has offered a free or reduced rent apartment to a New Brighton Police or Community Officer willing to keep an eye out on the parking lots, property - entry and other areas, on his/her way on to or out of ibe property. This is currently on hold due to concerns by the City attorney that an officer agreeing to the arrangement would be receiving `an mappropnate "giX Management is looking into possible solutions to this dilemma. • SOCIAL SERVICES Tiger Paws Program — After school and summer program for elementary age residents. Was on site in 2001, will need to rebuild space for it to retain to the property in 2002. Community Partners for Youth — After school program at nearby church for middle school age children. Also have a smmer program for elementary and middle school children, • Community Social Worker — Part-time person was available to the property in 2001, but the number of households that could benefit from case management was larger than a part time person could carry. Beginning in the sprung of 2002 a full time community social worker will be assigned at This position is hired through Northwest Yoirth and Family Services, and paid through grant funding. • Additional programs available through school district, Northwest Youth and Family Services, and other agencies are being researched. Jul. 2. 2003 12 :34PM No•5058 P. 7/10 • Mitioation Plan Manaaement The property is managed full -time by db� who lives on the property and is available 24 hours a day to handle tenant requests for maintenance and to deal with problems which may be related to those which effect the number of police calls that are counted in the licensing program. The property management of over -seen by�who's responsibilities have been expanded to include this property. Chas ten years experience in residential property management, has completed the Certified Residential Manager Program of the Minnesota Multi Housing Association and has taken the Brooklyn Park Crime -Free Multi Housing Program on September 11, 1993 and again in St. Louis Park on October 15, 1998.4Waiso supervises the management of the Mproperty of 550 apartment and town home units is at Resident Selection: • The resident selection criteria which has been in place at the property, will be implimented at Apartments. A copy is enclosed. All adult customers will show photo identification. Applicants will be screened using the services provided by Rental Research Services, Inc., which include credit, residence, and criminal history along with verification. of social security number and other information available through their national data base. Employment and previous rental histo are to be verified by our experienced staff at the property man office in P g Resident Cwt Criteria: All leaseholders are required to sign the Crime- Free /Drug -Free Housing Lease Addendum with their initial lease term, The nagement team comprised of the property manager, resident manager and myself, an owner of the property, will moniter police reports, resident calls and all sources of information concerning resident behavior. Fallow -up with problem persons or households is a daily concern for all management involved with partments. i The Crime- Free/Drug -Free Housing Lease Addendum is an important part of this lease and the provisions of it will be upheld. Jul. 2. 2003 12 :34PM No-5058 P, 8/1. D Mitiaati Plain (cont'd) B—g Qnt Conduct Criteria (c nt'd); Item #5 of the rental agreement will be upheld: "...in the event it is determined that said representation or any part thereof are not true and correct or should the tenancy of the Tenant become undesirable by reason of objectionable or improper conduct on the part of the Tenant, his family, or visitors to this apartment, than the Agent shall have the right to cause said termination, the Tenant agreeing to vacate the premises within 30 days after receipt of said written notice to quit" Item #6 of the Lease Addendum for Crime - Free /Drug -Free Housing states: "VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this added addendum shall be deemed serious violation and material non - compliance with the lease. It is understood and agreed that a single violation shall be good cause for termination of the lease_ Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by the preponderance of the evidence." • Property Imorovement Issug - The security doors which are not effectively working at this time are being contracted for replacement This project will be completed within a few weeks according to availability of products by the contractor selected to do the work. Other work on the buildings already under way will continue in association with the New Brighton inspections department. Other work on the property needed to make it a safe, appealing and comfortable place to Irve will be dome as needed as may be discussed by the inspections, police and management, Crime - Free /Drug -Free Multi - Housing guidelines will be followed, as well. it is our intent to work together with city offices to make this property one which will relect the goals and standards of the community. i ' Jul. 2. 2003 12:35PM No-5058 P. 9/1.0 RES ENT SELECTION APARTMENTS, MINNESOTA -Ape Requirement: Lease holder(s) must be 18 years or older. All occupants 18 years or older will be • requiredF to complete an application (even if living with parent or guardian). - Income Requirement: The gross monthly income of all lease holder(s) will be considered jointly and must .equal three times the rental amount on the apartment, for the lease term. The head of household must have been employed by one firm for a continuous period of one year or have verifiable source of income during the previous two year period. - Residency Up to two (2) years residency history will be reviewed and must exhibit no derogatory references. Any debt owed to a Concierge property must be paid before lease can be approved. vAonlicatio Fee A $25.00 non-refundable fee is required per adult applicant. - Credit Re,�Wrements: Household members must have a good credit reference from a previous landlord or mortgage company. Credit history will obtained from Rental Research Services, Inc., P.O. Box 5065, Hopkins, MN 55343. 952 -852 -2060. *Identification: Copies of photo Identification and Social Security card will be taken for all applicants. •The limit of number of persons who may occupy a unit are:. One bedroom apartment - no more than 2 persons. Two bedroom apartment - no more than 4 persons. shall never deny someone the right to rent an apartment on the bases of their r6tce, religion, color, creed, sexual preference, age, national origin, martial status, familial status, disability, or because they are a recipient of public assistance in accordance with the Minnesota Human Rights Act. • -when approving or disapproving an application for a rental it is legitimate to consider whether or not someone comes in to make the application smelling of alcohol or obviously intoxicated or under the influence of any illegal or illicit drugs, has a history of unlawful detainers, or evictions, a criminal record, poor references or no references from prior landlords. -If a person is going to be denied a rental for bad credit, a lack of credit, criminal record, etc., it is our policy not to give them a reason why they are being turned down. It is sufficient to advise them that they have been turned down. You may be denied rental if: -you misrepresent any information on the application. If misrepresentations are found after a rental agreement is signed, your rental agreement will be terminated. -you have ever been convicted'of the manufacture or distribution of a controlled substance. *you have a conviction for any type of crime that would be considered a threat to real property or to other resident's peaceful enjoyment of the premises, including the manufacture or distribution of controlled substances. This also includes threatening or the act of physical violence. -previous landlords report significant complaint levels of noncompliance activity including but not limited to: - Repeated disturbance of the neighbors' peaceful enjoyment of the area. - Reports of gambling, prostitution, drug dealing, or drug manufacturing. - Reports of violence or threats to landlords, other employees or neighbors. - Allowing persons not on the lease to reside on the premises. - Failure to give legal notice when vacatirig the property. *previous landlords would be disinclined to rent to you again for any other reason pertaining to the behavior of yourself, your pets, your children or others allowed on the property during your tenancy. Management's rental policies are guidelines, which enable us to accept as prospective residents those individuals who are creditworthy and do not have a criminal background. This rental property does not insure that all individuals residing on or visiting the property conform to these guidelines. Jul. 2. 2003 12:35PM No-5058 P. 10 /.10 •�AF'ARTMENTS LEASE ADDENDUM FOR CRIME- FREE/DRUG -FREE HOUSING In consideration of the execution or renewal of a lease of the dwelling unit identified in the lease, Owner and Resident(s) agree as follows, 1. Resident(s), any members of the resident's household or a gum or other person affiliated with the resident shall not engage in criminal activity, including drug - related criminal activity, on or near the said premises. "Drug- related criminal activity" means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute or use of a controlled substance or any substance represented to be drugs or any substance represented to be drugs (as defined in Section 102 or the Controlled Substance Act (21 U.S.C. 802)). 2. Resident(s), any member of the resident's household or a guest or other person affiliated with the resident shall n ot enoaae i an y act intended to farilit.aite criminpl activity, including drug - related criminal activity, on or near the said premises. 3. Resident(s) or members of the household WL11 n qt, hermit the dwelli to be us ed for. or to facilitate criminal activity includina drua - related criminal activity, regardless or whether the individual engaging in such activity is a member of the household, 4. Resident(s) or members of the household Will not engage in the manufacture, sale, or distribution of illegal drugs at any locations, whether on or near the dwelling unit premises or otherwise. 5. Resident(s), any member of the resident's household, or a guest or other person affiliated with the resident shall not enaaae in acts of violence or threats of violence including but not limited to the unlawful discharge of firearms, prostitution, criminal street gang activity, intimidation, or any other • breach of the rental agreement that otherwise jeopardizes the health, safety, or welfare of the landlord, his agent(s) or tenants. 6- VIOLA TION OF THE ABOVE SHA LL BE A MATERIAL VIOLATION OF THE LgASE AND GOOD CAUSE FQ TERMINATION OF TENANCY, A single violation of any of the provisions of this added addendum shall be deemed serious violation and material non - compliance with the lease. It is understood and agreed that a single violation shall be good cause for termination of the lease. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by the preponderance of the evidence. 7. In case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions of the addendum shall govern. 8. This LEASE ADDENDUM is incorporated into the lease executed or renewed this day between Owner and Resident(s). MANAGEMENT RESIDENT(S) • Date Signed ARM Meeting Minutes 7 -10 -03 • Those in Attendance: Dawn Griffin (Willow Lane Apartments), Sarah Bingaman Schwartz (Sun Post), Mou Lee (Shingle Creek Tower), Mary Russell (Brookdale Towers), Adam Seifert (Center Pointe), Jane Thies (Center Pointe), Ed Carlson (Sterling Square), Representative Debra Hillstom, Carol McMahan (River Glen), Councilmember Kathleen Carmody, Housing Commission Member Lloyd Deuel, Tom Bublitz (Community Development Specialist), Brad Hoffman (Community Development Director), Jean & Bob Paden (Evergreen Park and Sommerset Place), Ruth Olson (Carrington Drive), Kenneth Phelan (6101 Beard Avenue North), Gerald Fenstad (Lang Nelson), Betty Anda (Brookside Manor), Donna Frost (Brookside Manor), Amy Schrobilgen (Georgetown Park), Adam Horsman (Georgetown Park), Kris Bursey (The Crossings), Housing Commission Chair Mark Yelich, Councilmember Bob Peppe, Mayor Myrna Kragness, Kristina Kirksey (Unity Place), Nicole LaCroix (Unity Place), Deb Beckman (Unity Place) Meeting was called to order at 10:05 by Lt. Kevin Benner. Announcements Lt. Benner stated that the City has experienced a significant increase in vandalism and theft to cars. Apt managers should warn residents to keep windows up, cars locked and no valuables in view. Contact the police if there is suspicious loitering in parking lots. National Night Out is August 5, 2003. Lt. Benner shared information on National Night Out and passed out registration forms. • State Representative Debra Hillstrom Representative Hillstrom explained that the Brooklyn Center area has the second largest concentration of apartments in the state and housing is consistently an issue. She has met with MHFA and Met Council to determine what resources might be available to the city to improve housing. There are funds available for making improvements to rental property such as converting one bedrooms to two or three bedrooms or demolishing a building and building a common recreation building or a park area and/or converting to a senior housing building. She welcomes ideas or input from apartment owners and managers. Amendments to Chapter 12, Provisional License Community Development Specialist, Tom Bublitz, shared a draft copy of Chapter 12 showing revisions that include the proposed provisional license and sample mitigation plans that would be a requirement if a provisional license were issued. Lt. Kevin Benner gave a Power Point presentation explaining what crimes would be counted against a provisional license requirement. He described each crime that would be counted when it is determined that the call was related to a specific tenant or their guests. He added tenants are accountable for their guests Lt. Benner described what calls the police department would count towards determining if a property qualifies for a provisional license. They are firearm violations, dangerous weapons, drugs or paraphernalia, loud persons, gambling, loud parties, prostitution, noise disturbances, • fights, underage drinking and /or curfew, disorderly conduct, fire alarms, interference with a peace officer, unlawful assembly and/or presence, terroristic threats, and loitering 7 -10 -03 Page 1 Part one crimes only count if the suspect is "related to the property ". Part one crimes include homicide, rape, burglary, aggravated assault, auto theft, arson, and theft,. • Calls that will not be counted are domestic assaults (where the victim calls), vandalism, medicals, and suspicious acts called in by residents. Gerald Fenstad, from Lang Nelson, stated that he manages 554 units in the City. He proposed a change to the ordinance that when there is an incident that the landlord has no control over and is not life threatening, the call be eliminated and not count against the provisional license. Brad Hoffman stated that with the calls for service data available on Mr. Fenstad's properties, they are not remotely close to qualifying for a provisional license. Larry Martin added that the city is concerned with life /safety issues and making the buildings a safer place to live for all tenants. Lt. Benner pointed out that the goals of this ordinance are to improve the quality of life for residents and neighbors of rental properties and to reduce unnecessary calls for service due to repeat violations. Lt. Benner opened the meeting up for discussion and questions. Betty Anda, Brookside Manor, asked if the ordinance were adopted, would the city follow the same guidelines for each property. Lt. Benner explained that the City Manager would make a determination if a property should be issued a provisional license and that owners and managers have the right to due process if they disagree. • Kathleen Carmody added that the Housing Commission has extensively reviewed the provisional license and that there is a distinct line between properties that would qualify and those that do not. Betty Anda asked when the license provision was first discussed by city staff. Mark Yelich, Housing Commission Chair, explained that the Housing Commission began discussing the license provision nearly two years ago and it has been fine tuned by the City Attorney and city staff following the Housing Commission's recommendations. Councilmember Bob Peppe points out the impact the provisional license would have on the entire city. He adds that the City is trying to reduce housing related problems in Brooklyn Center and keep things moving in a positive direction. By removing problem tenants from complexes it only maximizes living opportunities in the city. He added that the City cannot afford to move backwards in establishing a positive image. Gerald Fenstad raised the possibility of property owners being fined for false fire alarms rather than being issued a provisional license. Ken Phelan, 6101 Beard Avenue North, agreed that imposing a fine to property owners would eliminate the provisional license for some and could increase revenue for the city. He further discussed how he feels his building is properly run and even though he screens his tenants, you cannot always predict a tenant's behavior. Lt. Benner posed a question to owners "Do you feel • your building is safe enough for you to live there "? He added that if the answer is no, why would you feel it's safe enough for your tenants? 7 -10 -03 Page 2 Mr. Phelan further stated that often his tenants are merely escaping the inner city and do not have the skills to cope with conflict other than calling the police. Often the calls are not serious but it is how his tenants problem solve. He would like the city to offer classes to tenants in conflict • resolution skills, communication skills, etc. so that tenants learn how to better cope with one another. Lt. Benner reminds owners that as owners it is their property and they are responsible for it. Lt. Curt Lund explained that police and /or fire calls for service must be identified to a specific tenant to count against a complex for provisional license requirements. Tom Bublitz, Community Development Specialist, stated that the City looked at charging for excessive calls but the City Attorney felt it was not defensible. He adds that the provisional license is a more defensible mechanism for the City. Owners are required to come up with mitigation plan, which would outline how they propose to resolve the problems. He shared how other cities have brought in outside sources to educate tenants and mentioned which other cities are also adopting similar ordinances. Mark Yelich stated that he lives across the street from one of the complexes and he has called the police when he's seen certain behavior at the complex that makes his neighborhood feel unsafe. He holds the owner personally accountable for the behavior of their tenants. Representative Hillstrom stated that there are funds available from MHFA to educate tenants on how to be a good tenant and get along with others. Dawn Griffin responded that ARM is always looking for speakers to come to the meetings and educate and train managers /owners. • Kris Bursey responded to the suggestion of educating tenants. She feels that the responsibility for educating tenants is with managers and owners not the city. Councilmember Bob Peppe stated that the City feels that the provisional license is necessary to keep the city marketable with a good mix of tenants that provide stability in the city. He feels that owners have to effectively manage their property to keep desirable people in Brooklyn Center. Representative Hillstrom added that she discussed with MHFA who is responsible for a tenant's behavior on rental property. MHFA explained that if a landlord evicts a tenant who is receiving Section 8 benefits, the tenant could lose their Section 8 benefits. She initially was opposed to this ordinance but after attending today's meeting, she feels that adoption of the ordinance is necessary to maintain positive housing opportunities in the city. Brad Hoffman added that the provisional rental license would be reviewed by the City Council on July 28, 2003. Meeting adjourned at 11:50 a.m. by Dawn Griffin. Submitted by, Rebecca Crass • 7 -10 -03 Page 3 Ci ty g Council Agenda Item No. 11a I MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: June 18, 2003 SUBJECT: Holiday Stationstore Commissary The site selected by Holiday as the Commissary for their stationstores is one of the few remaining undeveloped parcels in Brooklyn Center. The parcels that remain undeveloped, including the subject site, for the most part all have challenges to be overcome before development will take place. Typically uch properties have problems or challenges that include; Y p P p g title problems, soil problems, access problems, size and shape issues, location problems or combinations of these problems. Historically, the subject parcel has had access and size problems. Access has been available through a common access point on the Palmer Lake Plaza site. At approximately 4.5 acres, the property while significant is generally smaller than desired by developers given its zoning. While soil conditions have not been identified with this specific site, it would not be surprising to find that the site was in need of remedial soil work. Most if not all of the remaining sites will be developed for or by a single user for a specific or defined use. The economies of scale will not allow or attract the typical speculative developer. As noted, the site remains undeveloped. There have been other proposed developments and inquires relative to the development of the site. In 1992, Tomorrow Foods proposed and received approval to build a 7,754 square foot office /industrial building. While the City gave approval to the development, the development never occurred. Since that time, Logis gave consideration to the site as their headquarters. It should be noted that they are a non- profit and would not have been subject to property taxes. As recently as 2 years ago a development group that specializes in small projects gave serious consideration to an office /warehouse development. Their thought was to build a spec project approximately 40,000 square feet in size. They apparently were unable to make economic sense of the project. • 0 The development proposal from Holiday reflects the type of development that should be anticipated for such sites. It is being acquired to serve a specific use within that corporation. The Commissary, which prepares food products for their stationstores, is 43,761 square feet is size. The proposal maximizes the development potential of the site. Upon completion, the building should have an approximate market value between $2,500,000 and $3,000,000. The current value of the undeveloped land is $215,000. They are proposing an attractive office /industrial building. The landscape plan which will be reviewed Monday evening includes Maples, Ash and Oaks for shade as well as white pine, Colorado spruce and Black Hills spruce. Ornamental trees include dogwood, flowering crabs and red cherry. The proposed development is subject to a PUD. The PUD is normally used to overcome some of the obstacles to development previously mentioned. As you are aware, we have determined that the replatting did not take into account all of the comments of the City. The proposal or site plan before the Council does not currently reflect these comments. However, the site plan can be correct by simply changing the set back off 69 avenue to 40 feet as opposed to the current 50 foot setback. Accommodating changes in set backs is one of the primary reasons • for using the PUD ordinance. This issue will be addressed in greater detail Monday evening. Given the difficulties in developing this site and the fact that there is no request for financial assistance for the development of this project, I would recommend that the Council approve the site plan with an amendment to the PUD recognizing the 40 foot setback. Another quality development such as this could take many years before it would be realized. • city or • MEMORANDUM BROOKLYN CENTER DATE: August 20, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works J-A'3 SUBJECT: Planning Commission Application No. 2003 -012 SPM Construction Co. and Holiday Stationstores Rezoning and Development Plan Approval Engineering staff reviewed the request for Rezoning and Development Plan approval as submitted by SPM Construction Company and Holiday Stationstores. The request appears to be in order and approval is recommended subject to the recommendations provided in the Public Works review memorandum dated August 13, 2003. The recommended modifications to the site plan and preliminary plat will address traffic and utility related issues associated with development of this property. • • GAI)epts\Public WorksTngineering0evelopment & Planninffirth Plaffioliday memo 8- 20- 03b.doc • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren Planning nd Zoning S ialist l ` g g p c Subject: City Council Consideration Item - Planning Commission Application No. 2003- 012 Date: August 20, 2003 On the August 25, 2003 City Council Agenda is Planning Commission Application No. 2003- ' 012 submitted by SPM Construction Co. and Holiday Stationstores requesting Planned Unit Development/Rezoning and Development Plan Approval through the Planned Unit Development (PUD) process for two parcels of land at the southeast corner of Shingle Creek Parkway and 69th Avenue North. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2003 -012 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 Augut 14, 2003 meeting and was recommended for approval through Planning Commission Resolution No. 2003 -01 (attached). It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. A resolution outlining the history of the application along with findings and conditions of approval is offered for the City Council's consideration. Also, an ordinance amendment redescribing the property to be rezoned within this Planned Unit Development is offered for first reading by the City Council. The new description contained in the plat will be used for the ordinance amendment. The final plat will have to be approved and filed before the description can be utilized. It is recommended that the City Council adopt the draft resolution and, by motion, approve the first reading of the ordinance amendment describing the property to be rezoned. • • Application Filed on 7 -17 -03 City Council Action Should Be Taken By 9 -15 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -012 Applicant: SPM Construction Co and Holiday Stationstores Location: Southeast Corner of Shingle Creek Parkway and 69th Avenue North Request: Rezoning/Development Plan Approval - PUD/I -1 The applicants, SPM Construction Co. and Holiday Stationstores, are seeking rezoning from I -1 (Industrial Park) to PUD/I -1 (Planned Unit Development/Industrial Park) and development plan approval through the Planned Unit Development (PUD) process for a 43,761 sq. ft. Holiday Stationstore Commissary building and to provide parking lot modifications to the existing Palmer Lake Plaza site (6850, 6860 and 6870 Shingle Creek Parkway). The property in question is zoned I -1 (Industrial Park) and is located at the southeast corner of Shingle Creek Parkway and 69 Avenue North and includes a vacant triangular shaped parcel of land, excess Shingle Creek Parkway right of way, which is proposed to be vacated, and the site of the Palmer Lake Plaza Industrial/Office building. These lots are being replatted under Planning Commission Application No. 2003 -010 to create two new lots. The preliminary plat was approved by the City Council on July 28, 2003 and is subject to final plat approval by the City • Council at a forthcoming Council meeting. The property, proposed to be rezoned to PUD/I -1, is bounded on the north by 69 Avenue with R -1 zoned land on the opposite side of the street containing the Palmer Lake Park area; on the east by Shingle Creek and the Shingle Creek green strip, which is zoned 0-1 (Public Open Space); and on the south by Shingle Creek Parkway with C -1 (Service /Office) zoned property containing the Spiritual Life Church and R -3 (Multiple Family Residence) zoned property containing townhomes on the opposite side of the street. The applicants' plans are to build a commissary building for Holiday Stationstores, which is a support facility for various fresh and frozen sandwiches, bakery items, produce items and where mail will be distributed to a number of stations in the Minnesota area. It will also serve as a minor training facility and have a small warehouse component. On the Palmer Lake Plaza site, the plan is to provide 62 additional parking spaces along the north side of the site to accommodate a future tenant expansion. This parking would encroach approximately 20 to 30 ft. into a 50 ft. buffer area. The applicants area seeking the PUD/I -1 rezoning to accommodate the above mentioned developments. The I -1 (Industrial Park) underlying zoning designation is being sought because it acknowledges the proposed uses as permitted uses; it is a continuation of the existing zoning; and its development requirements are considered to be the most appropriate, with a few exceptions, for the land in question. The applicants are seeking modifications to the I -1 district requirements to allow only parking to encroach into a 50 ft. buffer area, which is required where industrially zoned property abuts across the street from R -1 zoned property (the Palmer Lake area). Also • 8 -14 -03 Page 1 • proposed is a modification to the City's longstanding policy of prohibiting access to the industrial park from 69 Avenue North. These modifications are proposed to make more efficiently utilized sites and it is believed that these modifications will be offset by various planned considerations and aspects of the development plan that will mitigate these modifications. The land in questions is designated in the City's Comprehensive Plan for industrial park development. As the Commission is aware, a Planned Unit Development proposal involves the rezoning of land to the PUD designation followed by an alpha - numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district (in this case I -1) would apply to the development proposal. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. As mentioned in this case, the applicant will be seeking modifications to allow only parking to encroach into a 50 ft. buffer area on a portion of the Holiday site and along the north side of the Palmer Lake Plaza site; also, modifications to the City's longstanding policy that has prohibited access to the industrial park from 69 Avenue North. Their plan for offsetting this encroachment is to provide the same basic screening of drive lanes and parking on the Palmer Lake Plaza site by installing a retaining wall where the parking lot • encroachment would occur, allowing the height of the berming to be maintained, which would allow for the same screening of the site as exists now. On the Holiday site, landscaping and/or a possible screen fence would be provided to screen the parking lot from the parkland across the street. We believe it is also significant that there are not single family homes on the opposite side of 69 Avenue North in this area. It is the screening and buffering for single family homes (such as exists further east on 69 Avenue) that necessitates this buffering requirement. It is not believed to be necessary to buffer open space from the industrial park zone as no extraordinary screening and buffering is required where 1 -1 zoned property abuts O -1 (Public Open Space) zoned property across the street. Less than 15 ft. green strips have been allowed in a number of cases as part of a PUD where decorative screen walls or other screening devices such as heavy landscaping have been used. The no access policy is not written into any city ordinance but has been utilized to limit truck traffic and other industrial truck traffic on 69 Avenue North, particularly in the single family residential area east of Palmer Lake. This policy was extended to developments across from Palmer Lake when Palmer Lake Plaza was built. It is believed that limiting one access to the Holiday site will not negatively affect the positive impacts of this policy on the single family neighborhood to the north nor set an undesirable or unacceptable precedent. The Planning Commission's attention is directed to Section 35 -355 of the City's Zoning Ordinance, which addresses Planned Unit Developments (attached). • 8 -14 -03 Page 2 • R EZON1N( - T The PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlined in Section 35 -210 of the Zoning Ordinance as well as being consistent with the City's Rezoning Evaluation Policy and Review Guidelines contained in Section 35 -208. The Policy and Review Guidelines are attached for the Commission's review. The applicants' representative has submitted a written narrative describing their proposal along with written comments relating to the Rezoning Evaluation Policy and Review Guidelines (attached). As with all rezoning requests, the Planning Commission must review the proposal based on the Rezoning Evaluation Policy and Review Guidelines contained in the Zoning Ordinance. The policy states that zoning classifications must be consistent with the City's Comprehensive Plan and must not constitute "spot zoning ", which is defined as a zoning decision which discriminates in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principals. Each rezoning proposal must be considered on its merits and measured against the City's policy and against the various guidelines, which have been established for rezoning review. The following is a review of the rezoning guidelines contained in the Zoning Ordinance as we believe they relate to the applicant's comments and their proposal. a. Is there a clear public need or benefit? The applicants indicate that they believe their proposal is consistent with the • City's Comprehensive Plan, which calls for office /industrial type development on the properties under consideration. They note that they believe the benefit to the City is two -fold. First, the Palmer Lake Plaza building will be fully utilized by a higher use than in the past; secondly, the unusually shaped 4.2 acre parcel that is currently undeveloped will be attractively developed and landscaped. In both cases they note a higher tax base for the city will be the result. It is the staff's opinion that this development proposal can be seen as meeting a clear and public need or benefit if it is consistent with the development criteria established by the city and if it balances the business needs of the community and the residential needs of adjoining properties as well. It is not anticipated that this proposal will be a detriment, but on the other hand, should be a positive factor in providing benefits that positively affect the community as well as the applicants. b. Is the proposed zoning consistent and compatible with the surrounding land use classifications? The applicants note that the purpose of the PUD is to promote flexibility in land development, insure a high quality of site design, and to preserve aesthetically significant and environmentally sensitive site features. They note that the residential land to the south (on the opposite side of Shingle Creek Parkway) will be protected with extensive landscaping and berming. Their proposal will allow • 8 -14 -03 Page 3 • some minor encroachments into the 50 ft. buffer space along 69 Avenue, which has park land and open space on the opposite side of the street. The landscaping and berming should be sufficient to provide appropriate buffering for this area. They note that they are seeking no access from 69 Avenue North, however, comments later in the report lead the staff to recommend an access to the Holiday site as part of this PUD proposal. The staff would concur with the comments made. We believe, as will be shown later in the site plan review, that their proposal can be considered consistent and compatible with the surrounding land use classifications. The proposed land use is certainly consistent with the current property zoning and we believe the proposed encroachments can be mitigated by factors presented with the plan. C. Can all proposed uses in the proposed zoning district be contemplated for development of the subject property? The applicants' comments are that with the specific proposals under consideration there is no need to contemplate any other uses. Other uses that might be considered for development are allowed in the Industrial Park zone, which would be continued as the underlying zoning district under this PUD. The proposal, therefore, we believe, is consistent with this guideline. • d. Have there been substantial h sical or zoning classification changes in this P Y g g area since the subject property was zoned? The applicants' comment is that there have not been any significant changes since this property was originally zoned for industrial park development in the late 1960's. The applicants' comments are correct. There have been no substantial physical or zoning classification changes in the immediate area. The I -1 underlying zoning designation with the proposed PUD is an appropriate zoning designation for the land in question. e. In the case of City initiated rezoning proposals, is there a broad public purpose evident? This evaluation criteria is not applicable in this case because it is not a City initiated rezoning proposal, but rather a developer initiated proposal. L Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? • 8 -14 -03 Page 4 • The applicants note that with the exception of the parking intrusion into the buffer area adjacent to 69 Avenue North, their proposed use is consistent with the current zoning for the property. We would concur with the applicants' comments and note that we believe the subject property will bear fully the development restrictions for this Planned Unit Development even with some deviations from the standard ordinance requirements. We believe an appropriate buffer can be developed in this area and be offset by the requirements of the plan. Good screening and buffering will be provided and the limited access to the Holiday Commissary site on 69 Avenue is better than allowing a right in right out access on Shingle Creek Parkway. g. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? The applicants note that without the parking changes adjacent to 69 Avenue that are being requested, the property (Holiday site) would be unable to be utilized to its fullest extent as as office /industrial entity. They note that the 50 ft. buffer area adjacent to 69 Avenue (and to a great extent the 50 ft buffer on Shingle Creek Parkway) impact the development of the property significantly. Their requests make the site more developable. • We would concur with the comments made by the applicants. By allowing the encroachment into the buffer on the north side, makes the site much more efficient for use by Holiday as a wholesale distribution site. It should be noted that development of this site has been difficult because of the size and configuration of the lot in question. Adding to the site by including surplus Shingle Creek Parkway right of way and adding additional land from the Palmer Lake Plaza site, make this site much more desirable for development. Factors such as the large buffer required along 69 Avenue and along Shingle Creek Parkway add to the difficulty of developing this site. The proposal at hand seems to be an appropriate development for this site. h. Will the rezoning result in an expansion of a zoning district warranted by: 1. Comprehensive Planning; 2. Lack of developable land in the proposed zoning district, or; 3. The best interest of the community? The applicants argue that their development proposal represents improvements to the existing I -1 parcel. They note extensive landscaping, berming and traffic access arrangements will enhance the sites without negatively impacting adjacent properties. They note also the attractiveness of their new building. • 8 -14 -03 Page 5 • Again, we would concur generally with their comments and note that the proposal does appear to have merit beyond just the particular interests of the developer and should lead to a redevelopment that is consistent and compatible with surrounding land uses. This proposal appears to provide a good development, consistent with the City's Comprehensive Plan and the general interest of the community. SITE AND RITILD NG PLAN PROPOSAT The proposal again calls for a 43,761 sq. ft. Holiday Stationstores Commissary building which is a support facility where fresh and frozen sandwiches, bakery items, produce items and mail will be distributed to a number of Holiday stations in the Minnesota area. This facility will also serve as a minor training facility and have a small warehouse component. It will be located in the approximate center of an 182,541 sq. ft. (4.19 acres) triangular site that is being created under the proposed plat comprehended under Planning Commission Application No. 2003 -010 which was approved by the City Council recently. The plan also calls for the construction of 62 parking spaces along the north side of the Palmer Lake Plaza building located at 6850, 6850, 6870 Shingle Creek Parkway. ACCRRR /PARKTNC", Access to the Palmer Lake Plaza site is unchanged with full access points provided along Shingle • Creek Parkway at its intersections with Freeway Boulevard and Xerxes Avenue North. Access to the Holiday commissary building has been the subject of much discussion and review by the staff. As mentioned before and in the applicant's written comments, the City has a long- standing policy, going back to the late 1960's of no access to the industrial park from 69 Avenue North. This policy along with the buffering, berming and setback requirements was for the purpose of discouraging truck traffic on 69 Avenue North and to protect the single family residential neighborhood on the north side of 69 Avenue, east of Palmer Lake Park. The only exception to the access policy was the city garage, which originally only had an access to 69 Avenue North. In the 1980's, after Shingle Creek Parkway was completed, the city closed the access to the city garage on 69 Ave but reopened it in the latter 1990's when the access onto Shingle Creek Parkway from the city garage proved problemsome. When the Palmer Lake Plaza building was built in about 1978, the access restriction, buffering and landscaping requirements were extended to include industrial properties on the opposite side of 69 Avenue from Palmer Lake. The applicants in this case were advised of the access restriction policy and the Holiday plan originally comprehended a right in, right out only access about 180 ft. from the Shingle Creek Parkway /69 Avenue intersection with a full access to Shingle Creek Parkway for the building loading area through an access agreement with the Palmer Lake Plaza site. There is no proposed driveway connection on the plan between the parking lot on the west end of the site and the parking/loading area on the east. Given the size and configuration of the proposed building, no driveway connection on site is possible. Non - truck, vehicle traffic coming to the site from the west on Shingle Creek Parkway will be forced to make a U -turn at the Freeway Boulevard/Shingle Creek Parkway median break to gain access to the facility's west parking lot. • 8 -14 -03 Page 6 . This is not a desirable turning movement, nor one in which we want to encourage people to make. A better access plan, particularly for traffic coming to the site from the west, would be to have the traffic make a left turn at the Shingle Creek Parkway /69 Avenue intersection and to proceed to an access point off 69 Avenue. We have suggested to the applicant that they provide such an access and we believe the policy can be deviated from under this PUD in this one specific case because it is park land rather than single family residentially used property on the opposite side of 69 Avenue; it is the best access arrangement given the development proposal; and it will not establish an adverse precedent forcing the City to consider opening other accesses on 69 Avenue in the areas adjacent to single family residential areas. Truck traffic will have to access the site from the shared access at the Shingle Creek Parkway/Freeway Boulevard intersection. Parking for the Holiday facility will be on both the east and west sides of the building. The west parking facility will be primarily for customer and employee vehicles and contains 38 parking spaces. To the rear of the facility is the loading dock with six overhead doors and space for parking seven trucks. Eight truck stalls are shown on the north side of the rear loading area. Eleven passenger vehicle parking spaces are shown on the south side and 14 "proof of parking" spaces are provided on the east for a total of 76 parking spaces on the site. This will accommodate 5,606 sq. ft. of office space and 38,155 sq. ft. of industrial/warehouse /production area. Approximately 16 parking spaces encroach 20 ft. into the 50 ft. buffer required on 69 Avenue across from parkland. This is at the extreme northwest corner of the Holiday site. The balance of the site meets the 50 ft. buffer and setback requirements. • The proposed parking changes to the Palmer Lake Plaza site include 62 new parking spaces encroaching approximately 20 ft. to 30 ft. into the 50 ft. buffer area and a retaining wall would be constructed in this area so that the existing maximum height of the berm providing screening to the site would be maintained. No other encroachments would exist. CTR A DINGME A TN A GE/i TTTT TTTF. 4 The applicant has provided grading, drainage, utility and erosion control plans, which are being reviewed by the City Engineer. All storm drainage on the Holiday site will be collected in catch basins and conveyed underground in a new storm sewer system to a retention pond at the northeast corner of the Holiday Commissary site. From there it will be conveyed into the city's storm drainage system. Parking and driving areas are to be bound by B -612 curb and gutter. The plan calls for an approximate 7 ft. high berm at the southeast corner of the site providing some screening for the loading area to the rear (east) of the building. A 5 ft. to 6 ft. high berm will be provided to the west of the building along Shingle Creek Parkway to screen the westerly parking lot from the residential across Shingle Creek Parkway. The City Engineer is reviewing the draining, grading, utility and erosion control plans and his written comments will be submitted to the Planning Commission • 8 -14 -03 Page 7 • LA..TZDgC'A /SC;RF.FMNG The applicant has submitted a landscape plan in response to the landscape point system utilized by the Planning Commission to evaluate such plans. This 4.19 acre site requires a total of 282 landscape points. The applicant proposes to meet the requirement by providing a variety of plantings totaling 402 landscape points. Eighteen shade trees such as Autumn Blaze Maple, Sugar Maple, Autumn Purple Ash, Green Ash, Shade Master Honey Locust and Northern Red Oak are proposed primarily around the perimeter of the site. Twenty -three coniferous trees including White Pine, Austrian Pine, Colorado Spruce and Black Hill Spruce are proposed also. Seventeen ornamental trees including Pagoda Dogwood, Spring Snow Crabapple, Prairiefire Crabapple and Canada Red Select Cherry are interspersed throughout the site. One hundred fifty -eight shrubs such as Gray Dogwood, Dwarf Korean Lilac, Mohican Viburnum, Anthony Waterer Spirea, McKay's White Potentilla, Seagreen Juniper and Gizzley Bear Juniper are also provided. On the Palmer Lake Plaza green strip along 69' Avenue, five Blaze Maple trees, five Northern Red Oak, Five Colorado Spruce and two Canada Red Select Cherry will be planted. Also any shade trees that do not survive the construction of the retaining wall will be replaced. The landscape plan is in order based on the landscape point system and distribution of plantings on the site. With respect to screening, we have advised the applicant to provide a masonry screen wall on the north side of the loading/parking area to screen this area which is primarily truck parking from the north. We have also advised them to provide some additional plantings such as coniferous • trees along the east property line in the area of the loading/parking lot to provide better screening of that area as well. With respect to the parking lot on the west side of the site where it encroaches into the 50 ft. buffer strip, we have advised the applicant to either increase berming in this area or provide a decorative fence as an offset to allowing the encroachment into this area. We expect to see revisions including providing an access to the west parking lot from the applicant. Underground irrigation is required to be provided in all landscaped areas to facilitate site maintenance in accordance with the requirements of city ordinances. BT M DING The applicant has submitted building elevations and floor plans for their proposed building. The building exterior is to be exposed aggregate precast concrete panels with burnished block and rockface block decorative treatments. A metal canopy is proposed at the main entrance, on the west elevation. Parapet walls will be used to screen rooftop mechanical equipment. T 1GHTTNC; AND TRASH The applicant has submitted a lighting plan indicating the proposed lighting for the site. A single 30 ft. high double head pole will be located in the center of the west parking lot with three single • 8 -14 -03 Page 8 • head light poles of 30 ft. high in the loading area. Two wall - mounted lights at 25 ft. in height are located on either side of the loading docks. The foot - candles generated by the lights are within the limits established by the Zoning Ordinance. Our concern, as always, is that all lighting be shielded and directed on the site to avoid glare to abutting properties and abutting street right of way. The plan appears to meet these criteria. No trash disposal facilities are shown on the site and it is anticipated that they will be contained within the building. If not, an appropriate trash enclosure will need to be constructed. This screening device should be a masonry structure to match the existing building. Gates for the device should be solid opaque material and not chain link with plastic slats. PROCEDURE This PUD /I -1 proposal, as previously mentioned, is a rezoning with a specific development plan in hand. As such, it must go through the normal rezoning process. Generally, rezonings have been referred to Neighborhood Advisory Groups. In this case, the Planning Commission is the Advisory Group for the industrial park area. A public hearing has been scheduled and notices have appeared in the Brooklyn Sun/Post and have been sent to neighboring property owners. The Planning Commission, following the public hearing, should consider a draft resolution, which has been prepared in anticipation of a favorable reaction to this proposal. The resolution is offered for the Planning Commission's consideration. • • 8 -14 -03 Page 9 r ff• � � � � � fffff� � � vim► �. !♦ � a ► !� �,� � ,� ♦�,� _� a .e� � a Kiln ra NO v V am 4� 4 p `CJ yl . �� %• ' =ii �6S. 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"�r a �� �'�,, w �' City of Brooklyn Center Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. Pumose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policy It is the policy of the City that: A) Zoning classifications must be consistent with the Comprehensive Plan, and, B) Rezoning proposals will not constitute "spot zoning ", defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed collectively or individually as deemed by the City. 4. Guidelines • A. Is there a clear and public need or benefit? B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E. In the case of City- initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? G. Is the subject property generally unsuited for uses'permitted'in the present zoning district, with respect to size, configuration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive planning; 2) The lack of developable land in the proposed zoning district; or, 3) The best interests of the community? I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an • individual parcel? Section 35 -208 Revised 3 -0I w? c. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory but not including any business or industrial uses. Such accessory uses to include but not be restricted to the following: 1. Off -street parking. 2. Public recreational buildings and parks, playgrounds and athletic fields. 3. Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35 -355. PLANNED UNIT DEVELOPMENT. Subdivision 1. Purpose. The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations. a. Upon rezoning for a PUD,'the district shall be designated by the letters "PUD" followed by • the alphanumeric designation of the underlying zoning district which may be either the prior zoning classification or a new classification. In cases of mixed use PUDs, the City Council shall, whenever reasonably practicable, specify underlying zoning classifications. for the various parts of the PUD. When it is not reasonably practicable to so specify underlying zoning classifications, the Council may rezone the district, or any part thereof, to "PUD - MIXED." b. Regulations governing uses and structures in PUDs shall be the same as those governing the underlying zoning district subject to the following: 1. Regulations may be modified expressly by conditions imposed by the Council at the time of rezoning to PUD. 2. Regulations are modified by implication only to the extent necessary to comply with the development plan of the PUD. 3. In -the case of districts rezoned to PUD - MIXED, the Council shall specify regulations applicable to uses and structures in various parts of the district. 35 -45 ? c. For purposes of determining applicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD - MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties. Subdivision 3. Development Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights -of -way, unless the City finds that at least one of the following conditions exists: 1. There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public right -of -way from property which previously was developed as a PUD and the new PUD will be perceived as and function . as an extension of that previously approved development; or 3. The property is located in a transitional area between different land uses and the development will be used as a buffer between the uses. b. Within a PUD, overall density for residential developments shall be consistent with Section 35400 of this ordinance. Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire PUD does not exceed the permitted standards. c. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35-400 to 35-414 and Section 35 -700 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35 -704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity of peak parking demands by the uses within the PUD. The City may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or which are otherwise approved by the City. 35 -46 Subdivision 4. General Standards. a. The City may allow more than one principal building to be constructed on each platted lot within a PUD. b. A PUD which involves only one land use or a single housing type may be permitted provided that it is otherwise consistent with the purposes and objectives of this section. c. A PUD may only contain uses co with ' y y consistent the City's Comprehensive Plan. d. All property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved development plan and site plan. e. The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivision may be subject to modifications from the City Ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City. Subdivision 5. Application and Review. • a. Implementation of a PUD shall be controlled by the development plan. The development plan may be approved or disapproved by the City Council after evaluation by the Planning Commission. Submission of the development plan shall be made to the Director of Planning and Inspection on such forms and accompanied by such information and documentation as the City may deem necessary or convenient, but shall include at a minimum the following: 1. Street and utility locations and sizes; 2. A drainage plan, including location and size of pipes and water storage areas; 3. A grading plan; 4. A landscape plan; 5. A lighting plan; 6. A plan for timing and phasing of the development; 7. Covenants or other restrictions proposed for the regulation of the development; 35-47 8. A site plan showing the location of all structures and parking areas; 9. Building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development; and 10. Proposed underlying zoning classification or classifications. Such information may be in a preliminary form, but shall be sufficiently complete and accurate to allow an evaluation of the development by the City. b. The Planning Commission shall hold a public hearing on the development plan. Notice of such public hearing shall be published 'in the official newspaper and actual notice shall be mailed to the applicant and adjacent property owners as required by Section 35 -210 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regarding the plan within the time limits established by Section 35 -210 of this ordinance. i c. Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 35 -210 of this ordinance. Approval of the development plan shall constitute rezoning of the property to PUD and conceptual approval of the elements of the plan. In addition to the guidelines • provided in Section 35 -208 of this ordinance the -City Council i1 shall base its actions on the rezoning upon the following criteria: 1. Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the oals and policies of the Comprehensive g P Plan; , 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The City Council may attach such conditions to its, approval as it may determine to be necessary to better accomplish the purposes of the PUD district. d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant to Section 35 -230 of this ordinance. In addition to the information specifically required by Section 35 -230, the developer shall submit such information as may be deemed necessary or convenient by the City to review the consistency of the proposed development with the approved development plan. 35-48 The plan submitted for approval pursuant to Section 35 -230 shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. e. Prior to construction on any site zoned PUD, the developer shall execute a development agreement in a form satisfactoryato the City. f. Applicants may combine development plan approval with the plan approval required by Section 35 -230 by submitting all information required for both simultaneously. g. After approval of the development plan and the plan approval required by Section 35 -230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with. the approved plans. h. If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD district, the City Council may initiate rezoning of the property. i. Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. 35-49 • City of Brooklyn Center Planning Application for PUD Rezoning Palmer Lake Plaza Site at the Southeast Corner of 69 Avenue & Shingle Creek Parkway Joint Developers: SPM Construction Company and Holiday Stationstores Date of Submittal: July 17, 2003 PUD Declaration: SPM Construction Company and Holiday Companies are jointly submitting this PUD submittal for the property located at 69 Avenue and Shingle Creek Parkway. The applicants are seeking a re- zoning to a PUD status. The underlying zoning will be I -1, compatible with the proposed uses of the land. This narrative explains the nature of the re- zoning request; addresses the rezoning evaluation policy and review guidelines; discusses the development standards as regulated under the PUD requirements; and it describes the submittal documents that are forthcoming. Re- zoning request: SPM Construction Company and Holiday Stationstores are seeking a PUD rezoning of their property to provide for parking adjustments within the current 50 foot setback adjacent to 69 Avenue. Within this adjustment, an additional 62 parking stalls will be provided for the Palmer Lake Plaza building. This is needed to accommodate an increase in office usage of 1,800 s.f. in January, 2004 by a new tenant. • Additionally, Holiday Companies is developing the triangular parcel, Tract K including the surplus land from the old Shingle Creek Parkway right of way. The intended use is a 43,761 s.f. commissary building for the Holiday Stationstores. Essentially, this facility will serve as a support facility for food products that will be distributed to Holiday Stationstores in the Minnesota area. Additionally, the facility will include a minor training facility for Holiday employees. The parking design will intrude 20 feet into the 50 foot setback that currently exists adjacent to 69 Avenue. Re- zoning Evaluation Policv and Review Guideline Discussion: The City will II'4 evaluate each rezoning proposal based upon the general premise that zoning classifications are consistent with the Comprehensive Plan; and they will not constitute spot zoning. Within Section 35 -208 of the City of Brooklyn Center's Zoning Ordinance are several guidelines which relate to the rezoning of the subject property. Within this section of the narrative each of these guidelines will be addressed with respect to the specific rezoning request. 4A — Is there a clear and Dublic need or benefit? The proposal will comply with the comprehensive plan which has this property guided for office /industrial type development. The benefit to the City is two fold: first, the Palmer Lake Plaza building will be fully utilized by a higher use than in the past. Secondly, the unusually shaped 4.2 acre parcel that is currently undeveloped will be • attractively developed and landscaped. In both cases, a higher tax base for the City will be the result. 4B — Is the proposed zoning consistent with and comaatible with surrounding land use classifications? The purpose of the PUD is to promote flexibility in land development, ensure a high quality of site design, and to preserve aestetically significant and environmentally sensitive site features. Residential land to the south will be protected with extensive landscaping and berming along this side of the subject property. The land to the north is parkland and open space. While parking is proposed to be placed in portions of the 50 foot buffer space adjacent to 69 Avenue, berming and landscaping will be utilized to buffer the parking use from the parkland across the street. The zoning ordinance requires a 50 foot buffer and setback area where I -1 zoned property is adjacent to residential property. This area will be maintained within the subject property; additionally, berming and landscaping will be utilized to screen the residential properties. No access to 69 Avenue will be requested from the subject property in accordance with the City's access restriction policy preventing access to the industrial park from 69 Avenue North. This policy has been in effect since the development of the industrial • park in the late 1960's. Full access is restricted on Shingle Creek Parkway to the median opening east of 69 Avenue for the subject property. Additionally, the underlying zoning will be continued as Industrial zoning. Current zoning of the property is I1 — Industrial Park. The proposed land use is consistent with the current property zoning, and the developer is requesting no variances from the City code. 4C — Can all permitted uses in the nronosed zoning_ district be contemp_ lated for development of the subject property? With the specific proposals that are under City review for the subject property, there is no need to contemplate other uses. 4D — Have there been substantial phvsical or zoning classification changes in the area since the subject propertv was zoned? No; not since the original industrial park was created in the late 1960's. 4E — In the case of Citv- initiated rezoning nronosals. is there a broad public purpose evident? Not Applicable • 4F — Will the subject nronertv bear fullv the ordinance develop_ ment restrictions for the proposed zoning districts? • With the exception of the parking intrusion into the setback area adjacent to 69 Avenue, the proposed land use is consistent with the current property zoning, and the developer is requesting no variances from the City code. 4G — Is the subi ect Dropertv generally unsuited for uses permitted in the present zoning district. with respect to size confi uration to or location? � Doeraphv The current zoning is I -1, Industrial Park. The requested zoning change is to PUD with an I -1 underlying zoning. Without the parking changes adjacent to 69 Avenue, the property would be unable to be utilized to its' fullest use as an office /industrial entity. The 50 foot buffer area adjacent to 69 Avenue impacts the development use of the property to a significant degree. Assuming additional landscaping and berming, allowing a portion of the buffer area for parking allows a more developable use of the property. 4H — Will the rezonine result in the expansion of a zoning district? The 14 acre parcel is currently zoned I -1; upon approval of this zoning application, there will be no additional industrial land in this area of the City. 41— Does the proposal demonstrate merit bev_ and the interests of an owner or owners of an individual parcel? • The development proposal including the additional parking on the Palmer Lake Business Plaza site and the Holiday Stationstores proposal on the westerly 4.19 acres represent improvements to the existing I -1 land parcel. Extensive landscaping, berming and traffic access arrangements will enhance the site without negatively impacting adjacent properties. Additionally, the proposed Holiday Commissary will have a beautiful exterior appearance and functionality taking advantage of the unique site characteristics. Development standards and submittal documents within the Development Plan: The development plan meets all of the Development Standards of the City's subdivision ordinance. Additional documents to support the merits of the proposal include the following items: 1. Preliminary Plat; 2. Site Plan of the entire 14 acre site; 3. Drainage and Grading plan for the 4.2 acre Holiday Commissary site; 4. Utility plan for the Holiday y p day Commissary site; 5. Landscaping and berming plans for the 9.8 acre Palmer Lake Plaza site and the 4.2 acre Holiday Commissary site; 6. A lighting plan for the Holiday Commissary site; 7. Building renderings and elevation drawings for the Holiday Commissary site; • RYAH* Preliminary P eDIL91N6LA3TIn6AfiTATDN,HIA, Including Site Plan, Preliminary Plat, Grading, Utilities, PALMER LAKE SHINGLE PLA ZA Landscaping, Lighting, Floor Plan, Elevations and Line of AT699TH AVE. OPh�,. M Sight Studies MINNESOTA TIT1.H SHEET for Brooklyn Center Holiday Companies Pantry Facility CONTACTS 0NNCO DRAWING INDEX: AY STA LOCATION MAP 0 1 "IRICAN EL WC ND. 95 o: �oETS°NO'E".'I" 55437 TITLE SHEET C1 r Cg.',�;; �1, �. ,, >,;,,;,��'r, ° ,'.., '. J , ;_�t� JMN BAREG PRELIMINARY PLAT &EXISTING CONDITIONS C2 " �.'' 'aw' �:" GENERAL CONiRACIDR OVERALL SITE PLAN C3 `"^.., it -f '. ";f =' "' - R_ COMPANES U5. INC 1 +.. - •5 "$7 fir: , • . 50 SWIN TENM STREET SUITE 300 HOLIDAY GRADING, DRAINAGE, AND EROSION CONTROL C4 ] _ } i,, • �; •• w cE ,wa N rs. MN 55903 HOLIDAY UTILITY PLAN C5 "• N ° � ° „.2?°K�` n�. HOLIDAY LIGHTING PLAN C6 $ i u+cwTECT HOLIDAY LANDSCAPE PLAN U §£ }5• ° : ` RYAN COMPANIES US. INC `....;,• ,fit,';. " -:�_; C: "I,P AS"S'`�'tl' ..M'.'.% + Sµ„WTH TENTH STREET SUITE 300 PALMER LAKE PLAZA LANDSCAPE PLAN L7 -1 1"..,77 wKdLT: r:i •' 4� EAP S. MN 55903 ,,,; BRUCE +ow+sW LANDSCAPE PLAN DETAILS L2 6E - 991 -919 ° '."^'^c;'=- „.'= r'S""�' FLOOR PLAN A2011 c ,tt'f:'x •.. ., .e 612 -•91 -9391 i' �' "";_'•. "" ''?°' .,...��..- w....am, EXTERIOR ELEVATIONS A301 t 99 'yg q $ t(] 7 � "jam- $ UNEENOINEER SIGHT LINE STUDIES A4011 COMPANIES US. INC. 50 SWiN iENM STREET DUIIE 300 NNEOWS, W 55903 JARED OLSON ”' -• ft }} .' k T ''' RICHARD NOpr Py mI 612- 991 -9916 611 -A92 -3126 (PAij BLUE CIRCLE NOT TO SCALE C B ORCLE DRIVE nETONHA, MN 55313 KURT NISCH D52- D]] -09YJ 951- 93] -TIS] (FAN) ANDSCAPE AR .—I: C NR -ITUU , f4 BLUE CIRCLE OwVF NNETONNA, NN 553•] a+n..wm..vu.� OHN DIETRICN RECEIVED 951 -953 -09)2 951 -93] -1153 (FAN) p JUL 2 2 2003 _ C1� CITY OF BROOKLYN CENTER p9n RYAN* Prell—Inary Plat WIR COMPANIES WIRTHADDITION Jill PALMER "t LAKE PLAZA % (M."N" ---------- -0 ...... ---- S A HINGLECREEKPICIVY. E. NO. T 69 Tif AV f Z, _N CENTER, .7 BROOKU, -*o 0 01I "' MINNESOTA T R' 4 PRELIMINARY 2i PLAT w P4 All 20,J z \1 ­111 Hsi (D 7j V) At < %z C 7%_ 0 C) pp R :»t�':' «�': t uo Fi i.."' »rr:'a .+��u. ( � sx n ... a 'M1 � �"� \ 1 ".1,4., d. P e^ - - -- ------ f �& 4- - _iu --- ------------------ =4 4 T... t48. _TRACT 4 v Ir JUL 2 1 2003 "FOR REFERENCE ONLY** C2 CITY OF BROOKLYN CENTER RYAN® PALMER 6 Tz . • . ........ LAKE .� PLAZA (D SHINGLE CREEK PKWY, 11 STA AT 69T AVE. NO. DR70KLYN CENTER, Li .—MCH, COMMERCIAL USER MINNESOTA 38,155 SIC FOOTPRINT PRELIMINA YOVERALL +5,606 SF MEZZANINE SITE PLAN RIS 43,761 SF TOTAL 4, A.. M... wAR. A El- —.141= % 111, A—INC, V,G C1 HOLIDAY SITE NOTES • CONTRACTOR MUST FIELD THE LOCATIONS AND ELEVATIONS OF EXISTING CONDITIONS 1— —1. INCLUDE ALL EXISTING UTILITIES -0 ­C FEATURES TIE C TRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER OF ANY DSCREPANCIES OR VARIATFONS FROM THE PLAN • ALL LIX.E.9— SHORN ME TO FACE OF CURB UNLESS NOTED OTHERWISE ALL CURB RADII WILL BE 50' UNLESS NOTED OTHERWISE. ALL W 8 70 BE CONCRETE 8612 UNLESS OTHERWISE NOTED, -FULLSZE DPARKNG STALL 15 9'XIO W UNLESS NOTED OTHERATSE, - WILD1 G DIMENSIONS REFER TO OUTSIDE OF BuoUENIC FACE (TV) UNLESS OTHERWISE NOTED WRIFY WIN BUILDING PLANS -EMSTNG AND PROPOSED ZONING GENERAL BUSINESS DISTRICT. -HOLIDAY SITE AREA = 4.19 ACRES • EXISTING CONDITIONS TAKEN FROM W—ULSISTO LTO PRELIMINARY PLAT (6-17-03) S ETBACKS - BOTH SITES I U KIN KIN G ki' C Pk. . 5w x X., I R— I H PAN T 51 4, PARKING - HOLIDAY PALMER LAKE PLAZA SITE NOTES PARKING - PALMER LAKE PLAZA 5K CM PARKING STALLS ALL DIMENSIONS S,IONN ARE TO FACE OF CURB UNLESS NOTED 320 EXISTING PARKING STALLS ALL CUM TO BE CONCRETE B612 UNLESS OTHERWISE NOTED L BUILT 315 STALLS AFTER HOLIDAY CONSTRUCTION PALMER LAKE PLAZA SITE AREA . 10 18 ACRES `- -- ;°a \ It PROOF OF CAR STALLS EXISTING CONDITIONS TAKEN FROM Rl_K—KUUSIStO LTD. PRELIMINARY PLAT (6-17-03) 62 PROPOSED STALLS PROOF OF PARKING STALLS ~ wa "w M, — . S PARKING STALLS REMOMED AT ENTRY TO HOLIDAY SITE 377 TOTAL STALLS 76 TOTAL STALLS RF�CEIVED JUL 21 2003 G . C3 SCALE IN FEEi XY AY M.HMAU, CITY OF BROOKLYN CENTER RYAN® 7 - SHE! N­H­ PALMER LAKE PLAZA BTM SHINGLE CREEK PKIXY fill AT 69TH AVE. NO. BROOKLYN CENTEP, MINNESOTA M P.h—my H.fidy G.6.g & E­M. c­1 Pi- COMMERCIAL USER 38,155 KRE. "—.853. lo -SILT FENCE t LEGEND dS- ROCK CONSTRUCTION ENTRANCE 2 , GRADING & EROSION CONTROL NOTES CONTRACTOR MUST FIELD WRIFY ME LOCATIONS AND ELEVATIONS OF EIISMG CONDITIONS. THIS MOULD SUFFICIENT TOPSOIL TO PRDVDE A MINIMUM 4 INCH DEPTH INCLUDE IC CONTRACTOR SHALL STRiP, STOCKPILE AND RE-SPREAD FEATURE ME CONTRACTOR SHALL IMMEDIATELY NO FEATURES. EXISTING UTILITIES AND TOPDGA DF, FROM ME PLANS. SEE.. ME ENGINEER OF -1 SE.EPAN.ES OR VARIATIONS (COMPACTED) TO ALL AREAS DISTURBED, TO BE SODDED OR COHN C70H IS TO CONTACT '"HER STATE ME CALL- EXISTING CONOIFONS TAKEN FROM RLK-KUUSIS70 LM PRELIMINARY PLAT (6-17-03) • FOR U­Ty LOCATIONS (651-454-M2) 48 HOURS PRIM ALL RCP PIPE la" OR SMALLER SHALL BE CL 5. ALL OTHER RCP TO EXCAVAII0N/CONSDhJCM)N. SHALL BE CL 3 UNLESS OTHER114SE NOTED a+ ` EEI REFER TO SITE PLAN FOR MOST CURRENT ­12014TAL SITE ALL SLOPES STEEPER THAN 3:1 SHALL HAVE EROSION BENCHMARKS .wKM • OBVE .... S DO LAYOUT. CONTROL FABRIC INSTALLED ON SLOPE • THE SITE GRADING OPERATIONS, M EN COMPLETED, SHALL THN (T.P NA of 4,­.1) . U,. 1% .1 IH. 11. hll..t ­.t.1 RESULT N ALL AREAS BEING GRADED TO "PLAN SOBCRADE ALL FLARED END SECTIONS SHALL HAVE TRAS—ARDS. ELEVATION' MIS • PLAN SUIRGRADE ELEVATION S.— BE ­ ­LrNIZBlk C,­ ftlk—y CM ISTENT MN THE CEGNCHNICAL REPORT FOR BUILDING ALL ' so TA 1014 TO BE STOMPILED AND USED FOR Ell— 84B6a I— (NGVD 29). AND PAVEMEA AREAS ME 'PLAIN SUB—DE ELEVATION' N T­f INM a TING AREAS AND NIM-STFUCTURAL FILL JUL 21 2003 THE PARKING OT AND MW­ AREAS SHALL Be DETERMINED BY CHECKING ME PAVEMENT SECTION DETAILS AN REFERRING TO PAVNG PLAN FOR LOCATIONS AND LIMITS OF VARIOUS PAVE,ACNT clONS ALL EROSION CONTROL MEASURES MUST BE INSTALLED BEFORE CITY OF BROOKLYN CENTER • THE START OF GHAONG SCALE IN MET OVA n Arilli PER .4 xMM q 800.9 'P PAL R LAKE PLAZA FES SHINGLE CILEEK PKWY ... .. . ...... M' AT AT 11TH AVE, NO GCNHECT TO s CLEA—T WNNECT RIM: .1 B EX 8'OIP 1 SGIB BROOKLYN CENTEP, FIELD ROOF DRAI MINNESOTA COMMERCIAL USER 4 '�02.0% 38,155 S.F. Z4 =17MINARY HOLIDAI UnUTY PLAN F.F.E. = 853 / .s IxPx, 6- DIP WATERLINE RAN.F.RMERPAC( N r ee$4s .``�� r+ d CONNECT T UTILITY NOTES LEGEND EX.— COMMACi MUST FIELD VERIFY THE LOCATIONS AND ELEVATIONS OF EM"NG CON —DNS. MS WOULD cu fµ u INCLUDE ALL EXSTiNG UPUTIES AND TOPOGRAPHIC Rl. MM= row FEATURES THE CONTRACTOR SHALL HAAEDIATELl NOW TH ENGINEER OF My INSCREPANCIES OR VARIATIONS to M FROM TNE ..1 CONTRACTOR IS TO CONTACT 'GOPHER STATE ONE CALL' FM UTILIT LOCAPONS (612 -454-0002) 40 HOURS MS VCV$ON SHALL CW� T AND STOR O 'StANOARD PROM TO EXCAVATION /C-STRUCDM ALL WATER MAIN. SANTARI SEWER A E SENER —'— — - — SPECI I NSTALLATION TiON AND SANITARY SEMER AND STORM SENER SPE CI F I CATIONS FOR WATER —N AND SERMCE LINE INSTALLATION' 1998 EDITION, AS PREPARED BY THE CITY ENGINEERS ASSOCIATION OF MINNESOTA. M--A— j <G ` t[rinuYxxuxa are R FER TO SITE PLAN IM MOST CURRENT L—T DIMENSIONS ALL WIN S"I'Ma PIPE SHALL BE (OLP.) DUCTRE ROM PIPE CLASS 52 UNLESS ONERMSE NOTED. S MTARY SEWER SERWCE PIPE SMALL BE SOR M RECEIVED UNLESS OTHERWISE NOTED. JUL 2 1 2003 SCALE MV C5 -A- CITY OF BROOKLYN CENTER i UAW IpWIN4 4aRTIN4 RIUi1nH5H1lf - - SR Q .w�i+4 Hne e i«amu - __ m 89 r —__— PALMER LAKE ' • ' P ,.,;:; -x; ":1 ^� •u `°' -w,.. -, s PLAZA r �" i ..- ........ SHINGLE CREEK P K A s . -. AT 67TH AVE. NO, t "x ! e° RROOKLIN CENTER, ' G(� ire, '%c, ),. u >., '., ,. „ ,. m . ci . , ,`!O,Y'•,., ..+5 _ _ B 8 g MINNESOTA PRELIMINARY LIGHTING F" ` � �� �� v e r''o�`r •' -' LIGHTING PLAN , , `•y e. e, a. a v, �.r a. 'u , .:.'a t ','; •, ' 4, ' ,•..� Ql ^,� m :a , Y , W �� �' v lo'rn u v 4•. :.. 7: '•• I ,: , §. Y u^vi' Ie a e. ,. �. u u vi la a e.V;' „ 'I• � •��•ry u S ” �TTif� wa "ul o m - - � Q �,:. Y' ae' >3> mm„„„„,.„m,. "' "`•`' [!iaR" I :'I: I Z a F- m / 1 V f' UGM nMRE SCHM U lulp 1 O N _ O i• • � ~"�; � `. ' \ r i a, a 1. +., ,.e v u u v >. ir: si .''' "' .. MI we lain .Rau (�) Raox nun rzelRiRn unavu I " asx .aml u. wnwt Rnxuxo looxr � � Z A , .(u X0 .9' 'v { 4.,�. .. +, �. „ .q ,"! ,' , ..x wlc .wlr 4 xa iair ,°PMwro.�uR .u+rom unlorw I xvx woR ur wp pawl Nouln"c Incp O ~ v `i 0 Y Y v a i., u m +l ', ,• Vii.^ 4c Hun asc �a oiam c' -a caxwn[ aas[ Nwc I J Q V 4, pG y,�' , a, t r a ;a �' ; `'• «H an, I s.� R.upm �sM ( V Lu Z w o Ln m g44,umPnt'4`i;a f J Q O ., ' y, •... a> • • SfiE HCH1W CALQAATIONS AA C RECEIVED >o w y Ll,J� up.wev C 6YeW CITY OF BROOKLYN CENTER a �a. 62'M 6K_Kw.N,a LIN. 7 ORII W LmW. y,y, u�6y f666 8 (;OPHFR 4TATF ONF CAI I + is r.M rnI. Ac6P •6t- 161 -ooD3 F9, MR. TMI Frw 1 - 8W - 283 - 11N 2 �II PLANT SCHEDULE p 6 CODE OTY COMMONSN;; ' �NAMEMTIN NAME I SIZE ROOT I REMA I + A Nll Blaze A 1. IP^ Y{FlI n q! NePm9 ^ +11 OM 1u C F uAA2 -- o Autumn u. FA H LEA r A SHADE - - A 1 S A GR . • 15 "a PALMER LAKE PARK d o A� -^wl. I aH.mn•1 T H AVENU "' I INFe,P 5N WN Iii 6 9 \ A u P STRAIGHT Y CIX6FER 1 POR. TO GRADE E { {{ y ° - N. FORM TO GRADE 1 ] D LA ILLX °SCAR ct ". XLm SER—T LEADER p�i Bm TREE TERM A L C (yry ni 1^ A�ii M 3 3 ORNAMENTAL • ^.Gin BF y MFA) EIi CC��ffE� yy trB E FORM A1* • A \ VCR "nu311^ S T no 'Snu .R -PL gB gg 9g r` Ic(iAY ED1")YIVaO AN 5 -0 DG (y E i 6 J PL EA POND \ 1 26 IDWANf LV AS $ P ANT rvTMrt ExIANaox I ,: M � in a me u iein cA{ —T a Du.n m� onic 5T : PLANT � a I A , .< . % SHRUB - N " l E 5 M&:zs rs« "� N� ENi PI ANT ] -o oD � [•e•2 I U 1 IZZmEAIiNf.AIN&SC^ LI.— GAL PI ANT 6 -O O • ... . / PUN9 1] \ IP � \ Junmernuc ccooulo.um cn•rIr Sew �. C \ \ LANDSCAPE NOTES L `R, • REFER TO CIVIL PLANS FOR SITE GRADING, AND UTILITY WFORMATIOI. �) •REFER TO .11 PLANS FOR LIMIT OF WORK TO BE DEFINE' AS ORAOING LIMITS OR PROPERTY LINE. %NICHEVER IS GREATEST. J REFER TO LANDSCAPE DETAIL SHEET FOR GENERAL PIANTRTG NOTES, IRRIGATION \ \ NOTES AND PLANTING DETAILS Wy K •All AREAS TO BE SODDED UNLESS OTHFRMSE NOTED. P • A" PARKING LOT ISLANDS AND PLANTING BEDS SHAM RECEIVE 1' OF SHREDDED �� WOW MULCH OKA LMIDSCAPE FARR1C UNLESS OTHERMSE NOTED. PANT MAIFAIAL, NCLUDINO SW AND SEED AREAS. SHAM. BE MRIGATED UNESS OTIERMSE NOTED. f « \ \ •All TREES NOT IN PLANTING BEDS TO RECEIVE MULCH RINGS 3' IN WA ,L, 4� \ • REFER TO DRAWHG PLAN FOR —ES AND EROSRW CONTROL ALL �..• •Y C l �ti 50P \ \\ COAMEROM M� EDQW TS0OO AR A SSHR S E WAASSAGS FROM SW AREAS �) IRRIGATION NOTES C] ^ LANDSCAPE CONTRACTOR STE L SUBMIT A SHOP DRAMNG OF IRRIGATION PLAN fC TO ME LANDSCAPE ARCHITECT FOR APPRWAL • ! � ' "�� \ ; • PRONDE PVC SLEEVES UNDER DRIVE FOR IRRIGATION AND ELECTRIC POKER . � \ •LIMIT OF IRRIGATION IS LOT LINE AND EDGE W CURB OR PROPERTY LINE OF EACH LOT, OR AS DENOTED ON PLAN. K WY LIMITS MM LANDSCAPE ARCWIECT. •1 �� \ • IRRIGATION DESIGN AND CONSTRUCTION 15 TO BE PROVIDED BY CONTRACTOR iOl e Lam) TURF AND PLANTING AREAS, �D \ \ \ • BIRGATON SYSTEM IS TO BE DESIGNED AND C0KS1RUC7ED PER REGIONAL q \ \ cWWnoNS AND LOCAL REWUnals 4p LANDSCAPE DATA R f • THE OTY REWIRES LANDSCAPE POINTS BASED UPON ME W2E OF THE {� PARCEL FIRST 2 ACRES REWIRE 75 LANDSCAPE POINTS PER 9 ` h Al,, !!! ACRE AND ME BAIANCE (2.2) REWIRES SO POINTS PER AERE T 5 ' `t + `\ REAILTS IN 282 LANDSCAPE POINTS REWIRED. T � } LANDSCAPE PANT CKWLA C (2 ACRES v )5) « (22 ACREERE S x 6D) - 282 Rm°sFO q� CD� A 1 ODIT E MAXIM S .E PLANT P COVER 33 v \� MA%NAUM REWNRED• ITRE % S POINTSI SHADE 1REE5 (25 CAL - 10 POINTS) SDK MA %. 111 1B 125 180 CONNEROUS TREES (5' HT. - 6 POINTS) 4. MAIL 11] 23 u5 136 ORNAMENT& WES (1- CAL - 1.5 POINTS) 35X MAX. BB 12 6.3 23.3 SHRUBS (12• DIA - .5 POINTS) 2S9 MA%. )0.5 156 1B) TB yy TOTAL 282• 102 ION 102 H" • MAX PCINTS BASED ON CODE REORREMENTS OF 2B2 POINTS j :3 RECEIVED PERCENTAGE NUMBERS REPRESENT THE MAWMUM PERCENTAGE OF THE a <2 TDT& LANDSCAPE POINTS &LOWED FOR THAT PLANT TYPE. POINTS HAVE BEEN DISPERSED AMONG THE VARIWS PLAIT TYPES &THIN THE �a PARAMETERS SET FORM IN TINE ONONANCE Y W 1 2003 Q. {` SITE DATA < I� 3 J U L • S IRE d- PARCEL 1.2 AC d �O • PARCEL IS 2IXIE 11 (WWSTRI& PARK) Q 1/ ag I � ■Y p CITY OF BROOKLYN CENTER sutE W FEEfi e zwA nu- nwn.r.. irv. GyN "V "N OAIF f.Al l 6566 I? rOPHFR GUTF � 8i f TNM O — 661 A6A-DDD2 3 4 YN. TWO FRe 1-000- 262 -1106 PLANT SCHEDULE COD I CITY I COMMON NAMEfIATIN NAME SIZE ROOT ftl ))1MN 1�1, nApl Z y trB ! x6n MFwN_R}fi gA(ru eBmi• ! { A 1 1g cuT MN _4�ga`�Laf 4� R J Nl N 1 P� C G R G f; O '� \ �� D ;.,,: �.a.Iaa„ A ,.1 _.L.1 .NghBr WN I •�_ REFER TO HOLIDAY \, LANDSCAPE NOTES PANTRY PLANS FOR REFER TO OWL PLANS FOR SITE, IRAONC. AND UMITY INFORMATION. T� IMPROVEMENTS. Z PALMER LAKE PARK • REFER TO OML PLANS FOR OMIT OF WORK M BE DETIKD AS GRADING LIMITS { ` PROPERTY UNE. WRCNEVER IS MEAMST. REFER r PI.Vl7 M • N01F5 T AND PLANTING DETAILS.SHFET FOR GENERAL PLANTING K.I. NIPoGATXIN E u mfE I ALL AREAS W BE SODDED UNLESS OTHERWISE NDTED. a�= ALL TREES NOT R PLANTING BEDS TO RECEIK MULCH RINGS B' IN DMA $$ / X • RUM TO —1. PLAN FOR GRADES AND EROSION CONTR. I Eft, i REFER TO CIVIL PLAN FO1 BETAIWNG WALL DETA-S AND ELEVATIONS + OF BUFF NNFSTaNE 1' -I NI2. OA) ROCK MULCH OVER LANDSCAPE i5 e / / \ eA 4 • FIBRIL TO BE ADOfO WI.8 AND WALL. // •l ` ae.,lgr( T w 31y�EHA6E 21 , \ 69r� IRRIGATION NOTES `�4:(/ "� � :�/ �• - � ) ry 1/ GAPON DESIM AND CW UC STRTION 4 TO BE PROM IR DEO BY CCNACTOR FOR ;t \' /�/ • .. �C • N M "MG AREA W AN IRRIGATION SYSTEM ERISM TO ME —SCAPE AR CHITECT FOR M APPRDVA� AWNG W IRRIGATOR %.AN ....... . �y� t/�� • PROVIDE PVC SLEEKS WIDER DRIVE FOR IRRIGATION AND E1ECINC POWER . \ : � ^ ' ��` / ;r Y / `�/� /'9 e A c4 A • UNIT I- GATION 16 LOT UK ALONG BPTH AND EDGE OF .. OR PROPERTY UNE OF EACH F / p'� �X OF LOT. OR AS DENOTED ON PLAN. KRBY ..ITS WITH LANDSCAPE ARCWTFCI. RRIGA710N SYSTEM IS TO BE DESIGNED AND CCNSTRVCTFD PER REGIONAL 'y' ��/ I� `- i CONOTIONS AND LOCAL REWUTIWS. \'` M1•�/ , �/.P�' .. a e'IU \c1j� sAAE AoE LANDSCAPE DATA ~ •'� /�\` �S LA TREES IN MTICWATTES ME S L TR EES TO BE PROTECTED vul NG THE RETAINING WALL RSTAIIATOL .THE Ott REWIRES LANDSCAPE PONTS BASED UPON 711E SEE OF ✓ ,� // Q I,v:. %' ^.i. J N11L / PARCEL ME FIRST 2 ACRES REWIRE 75 LANDSCAPE PORTS PER ACRE, AND ME BALANCE (T.B) REQUIRES RTS IRES 60 PO PER ACRE THIS �/ �j� �:�fy \ ', / Q 'r G Pty �.� % `"TI IT IN 6101ANp5CAPE PORTS REWIRED. 9 . x•.i n,. r, 1 i1 u (22 D AAMES .. 7) . (7.9 AM s . 6D) - 616 Y 5 ` WE TO LY WAND ME 6B ACRE 2M A THE 111E A 1 Of DARKLING ING ON STALLS AND A A RET1LL WA AGING BGM N. THE '^{y�F ✓/�Y'� � ti �7 Q /� A LANDSCA➢E PLAN IS ONLY FM IXi ME 1N ME NEW BLVD AONC 66M M AK. THE /V `t . • PLAN SHOWN HAS ADDED . 1D 5 CC M E TS MEE . I PR /-' /( \/ p {• / ,. ,r 2 ORNAMENTAL TREES FOR 5 PAS cn Ld Q O N Q n N / O Z� L N Z Z /,. ry o Y RECEIVED a Igz JUIL 21 2003 s 13. GlTY OF BROOKLYN CENTER I W I IFF eWW] Xu- KUUn.IN Lro. Ca N, flaurW AWTRW 1pA6 iiii 4 ('OPHFR RTATF ONF CAI nM enM. AnR MI- ,6{ -DDD: 11 ii W. TM FM 1_W00- ASR - „M ' p i Y GENERAL NOTES PLANTING SPECIFICATIONS PLANTING NOTES J IAHMR-E CONTRACTOR TO VERIFY ALL LHDITY LOCATIONS ON PROPERTY WITH ME QENERIL PANTING BEO PREPAETION: ALL MASS PLANTING BEDS SINE BE TILLED TO A MINIMUM NO PLANTING TO BE WSTAUEO UNTIL GRMING MD CON 1/ SINUCIKNI E$ BEEN COMPIEIED W C SI >A COMPACTOR MID BY CALLING COPMEIT PATE ONE CMLL ({5{ -0002) PRIOR 10 DFPM OF 10'. MmOMENiS S11ML BE WPUED AFTER WLiTVAl10N. ME IMMEOWE AREA STAKING PUNT IOC,TI0N8 BACKFILL SMI, USE SOIL E%CAVATED FROM P—I H ES INO —TIE MAETIDYENTS. Ml PLWi GTERML L (IONS MUST BE RENEWED MD APPROVE➢ BY ME —E COOROMMIE THE PHM OF CONSiNIICTION MO PLNLTHG INSTMIIGIONS WITH OMEii REMOVE ALL OEBPoS INCLUDING ROCKS URGER MM ]' DUNETER. MN:H— PRIOIi TO MT ANI) NL DIGGING. 1sE CONIAACTORS WOflKINO ON SITE. FERTU2ATON: ALL PLANT WTERWS S— BE FERq ' UPON INSALUIION. pRl. CO F THE LMOSCWE CONTRACTw PERCENTS MY OEFICUNCI6 W ME PWR SElEC1ION5, SOIL g WHERE O I E 1gEf3 ANW /OR $IGNIFICMR SWHIBS W63UIG$ ME FOUND ON SITE, WHETHER BONE MEAL OR OTHPUNTING ER SPECnEO FERTUZER MIXED IN WITH ME P SOIL - ON- $. OR MA' OTHER SITE COND MGHT ITION WHICH NEWTNELY AFFECT PLWT MAIERML SEWN ON THE DRAWING 0(t NOT, THEY SW11 BE PROTECTED AND SAVED UNIEBS NOTED TO MMNUFACNRER'S INSMUCgONS UNLESS NOTED OMERWSE ESTIBLISHMEVT BUINNAy Oq QUNWREE, ME1' SH— BRING MESS DEFKIENCIES TO THE t� BE REMOVED MOOR ME W M M. M BE GM M. MY QUESTION REGMLDING WHETHER ATTENTION OFT LANDSGPE MCHTEU PRIOR TO INSTMIAT,.. i d PUNT WiEflV1 OULO REYMN 011 NOT SELL BE BflOIUXT TO ME ATiENTON Oi ME MULCH WIFRW.: M SPECIFIED ON ME LWOSLAPE GLANS. WSS MULCH ALL PANTING BE04 LMOSCAPE MOH— PR- TO REMOVM_ TO ]' DEPTH OVER FIBER AMT WEED SMSER. NL PERENNML PIANIINQ BEDS TO RECEVE ]' µ �M� M MNBED, THE LAN N2CNgECT .9 Y BE�NOTIFIED. W FIELD. SXWm DEEP SXREDOED NARDF/DDD MULCX WITH NO FIBER WT WEED BMRIER. ALL EVEgCREEN MO LL EUSTNC MESS TO REMOH TO BE FEPTUZED MO PRUNED lb REMOTE oEb WOOD AND DEMMMS MESS TO RECEIVE 6' DEEP SHREDDED HAROW00D MULCH WITH NO MULCH W DMMGED OR RUBBING BRMCHES. BgECT CONTACT WITH THEE TRUNK. ML PMTS TO BE INSTALLED m PER PANTNG DETAm IF Be TREES AND SHRUBS ARE BALL. AND WURAP.. TREE BTMING: R s BE ME CONTRACTOR'S RESPONSBIU1Y TO STME MD /OR WY THE ONE SHRUB PER TTPE MID SIZE W EACH PANTING BED MO EVERY TREE SELL WE CLEARLY fil COMP TREES ACCORM.. THE OETMLS R 5 THE HE ACTOR'S RESPWSIBRITY TO TAKE EVERY IOCHMIED (COMMON OF U NOMENCUMRE) WITH A —C TAG WHM]I S4ALL NOT BE M PAMT WTERML SUESTII THE WAL RE ACCEPTED UNLESS APPROVAL 6 PEOUESTED OF REMOVED PNOR To OWNER ACCEPTMOE. WE UNI)SCWE NK:NRECT BY THE I.WDSCAFE CONTRACTOR Pg1pR TO THE SUBMISSION OF A SIW NECESSARY IL ME END THE TREES MO SHRUBS IN M UPRIGNT AND PLUMB CONDITON BID MD/OR OWTATW. AT Nl TIMES IIHfR THE END Di ME PIAKT GUARANTEE PERUD ESPmWLY WHERE EPE SOD EED ABUTS PAVED SURFACES, FINISHED MODE OF 500 VANOWSM, SOIL OR WIND CONOITONS ARE A PROBEM. Q /SCm SHML BE MELD 1' BOLOW — B E I ELFNATON OF iRML, SIAM, CURB, E Ml PLANT OR NUFI SNML COMPLY WITH ME U1E51 EDITION OF RN N. TREE WO- RED WEDGING W SE. SELL BE UVMRY. MEATH WMERPRWf GEEPE PAPER STMIOAgD FOR HURSEgY STOCK, AMR— ASSOCWii[MI OF NURSERYMEN. WNUFACRIRED FOR THIS PURPOSE. SE. ALL DECIDUOUS TREES PIANiED IN ME EMI. PRIOR SW SMML BE WD PN O I ME CONTOURS S. SELL HAVE STAGGERED D TO T ON @ B 9 10 12 -1 AND REMOVE ALL WRWPWG AFTER 5 -1. SLOPES STEEPER MM 3:1 OR IN DRVNME SWMES, ME SOD SRLL BE STAKED TO THE A A H L WATER OIt TI flIME OF OW FOR ON -GOING MNNTEHWCE OF ML NSWLY INSTML. GROUND. WATER UNTIL RARE Of OWNER ER E OE CL MY ACTS OF THE RE SN OR WN DAMAGE BE ENT MOTECUON. PROVUE ON ML TREES, EXCEPT SPRUCE UNLESS OTHERWISE SPEGFIED. ICII MAY OCCUR PRIOR TO OWNER ACCEPTMCE SHML BE THE PESPONSIBIUIY OF ME SEED ML AREM BSNPBm WE 10 CRMINC OTHER MM THOSE AREAS NOIm TO PECENE CONTMCTOR. FLAMING PAN: NL PROPOSED PLMTS SELL SE LOGTED C/RE AS SHOWN ON ME "0' PLANS. PUN TMES PRECEDENCE OVER PLANT SCHEDULE IF DARER —CS W OEN . WNIPIDTOR SELL PRONDE A WRITTEN REQUEST' FOR ME OWNER ACCEPTANCE INSPECIIOH. EXIST. SPECIFICATIONS MXE PRECEDENCE Off NOBS. RESPECT STATED BNEHSIWS. W NOT RFPNR NL MIMIiE TO PROPERTY FROM FEINTING OPEMlUNS [ No COST TO THE OWNER. WARRMTY FOR ANDSCWE WTENLLLS SN— WESN ON ME DATE OF ACCEPTANCE BY ME SGLL aLAWNCS. UNDSCAPE ARCHITECT [TER T CO OF PLANING OF N1 LWDSCWE WlEPWS. NO PAgTV1 ACCEPTMCL WILL B EDGING. EDGING SHALL BE {' P.V.C. COMMERCML ORAOE EDGING WITH THREE (] METAL IRRIGATION NOTES ..... . MCNOR $TMES PR 20 FOOT SECTXRT. ML MASS PANTING WE ”­ EVE CONTRACTOR SNW. GUARANTEE NEW PIMiT WTEFIX THROUGH CM ONE ENDM YEM FROM PLAC. BETWEEN MULCH AREA AN MY —ENT TURF IRE, LNNOSCWE CONTRCTOR St— BE RESPONSIBLE FOR PgGR01NC A SHOP DRAWING ME MTE OF OWNER ACCEPTMCE WITH ML REPLACEMENTS TO BE PMONOEO AT NO LLUSMAMG M RRp:ATOH PLW AND SRECWICATIW M PMT DF THE SCOPE OF WORK ADDITIONAL COST TO ME OWNER. WHEN BOOING THESE SELL BE wRM- w THE LMMM -E NIOHM:cT PRIOR TO E ORDER. q VEUFT MSMG /PRMP EO RRIOATION SYSTEM LOCATION UNLESS OTHERWISE NOTED NL 500/SEED AND PLWTING AREAS IMDUATED ON PLW SH BE IOOW IRRIGATED. ME RFIGTION SHML INCLUDE ME PUBLIC RIGHT OF WAY BETWEEN DECIDUOUS TREE CONIFEROUS TREE PROPERTY WE MD BACK OF CURB WHERE NEW LANDSCAPE IMPRWEMEHIS AXE PROPOSED. IT SMLL BE THE LMDSCWE CONTRACTOR'S RESPONSIBUTY TO INWRE TET ML NOTE SODDED /SEEDED MD FEINTED MFRS ME IRRG TED PROPERLY, INCLUDING THOSE MEM TWO MTERETE WEIHU05 DF MRECRY MOUND AND M IIING BMDWG FWNDAION. TREE ST-MG ME ILLUSTEIm MOTES: ONTNG —TER TO EVE SHREDDED -- -- ..M, UNLESS NOTED OMEIMISE. THE UNOSCAPE CONITHACTOII 5— PRONDE THE DINNER WITH A WATERING MWN %IRIOAIION IT b ME CTOR'S OPTION W MULCH TO BE W CONTACT WITH UNK. SCXED,Ia TR WP�OPRB1E 10 11K PWWFti 511E mNBil MD TO PUNT WTERLM GIIDY/IN TO STARE TREES; MOWS R. THE REQUIREMENTS. CONTRA . IS RESPOIHSN.E FOR SCARIFY BOITOY MD SUES a N E PITUR TO PIINRHG. MNw.— TREES IN A PWMB POSITION MROLIGHOUI ME 1W0 KmE m METHODS OF MEE ST." ARE ILLUSIIUTm. GM MTEE PERIOD. SCN6FY BOTTOM MD SOTS dF R IS ME CONIWDTOR'S OPIUM TO STARE TREES HOWEVER, ME CONTRACTOR IS RESPONSBU FOR MM ONNING TREES IN A PLUMB PMITION MROUGHOUf ME MOTE PRXNI TO PLMIING WMGMEE "DOOR. SHRUB DOUBLE SMMD 1{ G DOIIBLF STRAND 11 G WRE - ]' O 12O INTEL (TYP.) ]' W 120 INTFMALS (TOP) 6' PMYPROPYLENE M 18' mLYPROPYLENE OR PWYETDtENE t M MB, ENO LOOSEN RO013 OF Yl j E ( MR, 1 -I/2' 1 -1 /z' WIDE sRw trP) coNrAWERam WIERML (Tw.) TYP 6' -0 $IEEE STARE SCMWY BOTTOM MD SUES OF THEE WARP l,0 FRST BWNCH ro s WIRE RooTEALL FLAGGING -ONE PER WIRE ]' MIN. HOLE PRIOR TO PUNTING FLAGGNG -ONE M TO SR ON R M BQ� r OOISML SIT W DE NEMME LCN - {• DEEP r-- SMRun TO SIT ON wmRME MULCX - {' DEEP SHREDDED 8WN SHR.DED BARK (UNLESS NOTED OTHERWISE) S S SHRED {' DEEP DED ARK B' -0' (UNLESS NO1E0 OTHERWISE) PLANTING OIL - SEE SPm. / (UNLESS NOT. OMMSE) yHy, STEEL STAKE PLWi1NO w8 - SEE SPEC. LWUSCWE FABRIC -SEE SPm. ER 9 � 3 TOPSOIL DDD T PUNTING SO SEE SPEC J wBGRAOC 3 QIZ' STARE SET 2' % Z' % 2{' w0pp SE REFER TO PLW FOR GRWHO CR AT ME S OM ET AT MLLE DOVER mD SUBGRADE CENTERWC OF SHRUB W BED a M THE FROM EDGE. OVER DWENSION FROM EDGE. P Dim I PIECEIVED 8 l, JUL 21 2003 ° CITY OF BROOKLYN CENTER � � RYAN' HOLIDAY PANTRY CI O' FACILITY 1 SHINGLE CREEK PK%lY. __ � ® AT 69TH AVE. N. [ �r — d � �� ® +... n. .11 ®® ERR BROOKLYN CENTER, 8 Nuam P LAN O PLOOR © � C ea ea I L o a _p f===F --FT ZA �� Hol�dar b 5UPP VA—TY P ' � � - rv�c.rza IXo.Hw.ha.�w.gw�ermwc SqN E �1f�ppp PW1 l �rTJ e f n VE® ,JUL 21 2003 CITY OF BROOKLYN CENTER A201 RYAN* HOLIDAY PANTRY FACILITY rLa. -• .r an wwrrx -m �_ - _ -- - - Y i-- .- - .-- -- -__ _ --�- _ - SHINGLECREE:K PKWY. AT 64TH AVE. N. /� 6rowvq.T IXCV�IVx, � BROOKLYN CENTER, rea r �wns.nk -v. "nmm hUNNESOTA EXTERIOR ELEVATIONS wpmeewrcw ium.u<. - _ vw.ce wxu neu -.a _- _ - - -_ sruora auz mn. "sowa.ao.ee -taa sr, —� I -.i nN/.iW -Nfn nWrc M.vm H-.� wnaw .r•sw rwui. nva uw• �.siro xnn. raw. mrx� i�T RECEIVED ' - r ____ - .-.._. -.. -_ JUL 2 2003 ro CITY OF BROOKLYN CENTER dam... ba I wiru.o�u m aK RYAN® 1-10L10AY PANTRY FACILITY SHINGLE CREEK PKWY. AT 69TH AVE. N. BROOKLYN CENTER, MINNESOTA EXTERIOR ELEVATIONS ro�a oc�en ar�•�sos.r.. my ,aC � - - X RECEIVED JUL 2 1 2003 'ON 'A ME 'IM M . ......................... nm CITY OF BP.f)r VNI UNTER 0 M" -1 A301-c • SLP�E� 1 /B" - 1 B x,F 30.4P thl* 0 RYAN® -' - - --' � HOLIDAY F -- PANTRY FACILITY SHINGLE CREEK PKWY. AT 69TH AVE. N. BROOKLYN CENTER. �- I - -- ' MINNESOTA �l�5rrt - ue c \J' > SITE LINE STUDIES �uee uQ° I ...� GHT�taE E' ____ SIGHT W -A � SIGMf Wt 'L' ve.m hm :�� / f SIGHT IJrE 9' C ;r.nf �A, TW faiYeM YM PIN � p t =1!/ED 2 1 2003 A401 • • CITY OF BROOKLYN CENTER • • MEMORANDUM DATE: August 13, 2003 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works OD SUBJECT: Holiday Stationstore, Inc. Planning Commission Application 2003 -012 The Public Works Department reviewed the following plans sheets as submitted for review under the Planning Commission application for the Holiday Companies Pantry Facility. • Preliminary Site Plan, Sheet C3, dated July 3, 2003 • Preliminary Grading and Erosion Control Plan, Sheet C4, dated July 3, 2003 • Preliminary Utility Plan, Sheet C5, dated July 3, 2003 • Preliminary Lighting Plan, Sheet C6, dated July 3, 2003 • Preliminary Landscape Plan, Sheet L1, dated July 2, 2003 • The preliminary site plan appears to be in order and approval is recommended subject to at least the following conditions: 1. The site plan shall be modified to comply with the recommendations provided in the engineering review memorandum dated July 15, 2003 for the preliminary plat. 2. Xcel Energy has provided the attached letter and encroachment guidelines in response to the notice of right -of -way vacation sent to utility companies. The site plan shall be revised to show the boundaries of existing Xcel Energy easements. 3. The boundary of the proposed access easement shall be adjusted to include the full width of the proposed access as shown on Sheet C3. 4. The site plan shall be revised to address the limited access from Shingle Creek Parkway to the western parking lot. The current plan would require all vehicles approaching the site from the west on Shingle Creek Parkway to make a U -turn in order to enter the west parking lot. The addition of a new curb opening along Shingle Creek Parkway for the west driveway will not be allowed. It is recommended that the site plan be modified to include one of the two proposed changes. a. Provide an internal connection between the east access driveway and the west • parking lot. OR GADepts\Public Works\EngineeringTevelopment & Planning \Wirth Plat\Site Plan.doc • b. Relocate the west driveway ccess from Shingle Creek Parkway to 69 Y g Y Avenue. Access onto 69 Avenue must be located a minimum of 250 feet from the intersection with Shingle Creek Parkway. The need for right turn lane improvements on 69 Avenue at Shingle Creek Parkway will be evaluated if driveway access onto 69 Avenue is allowed. The City and developer shall enter into an agreement for sharing the cost of potential turn lane improvement if this option is acceptable to the City and the developer. 5. A utility connection permit will be required for the water, sanitary sewer, and storm sewer connections. s Water and sanitary sewer connection charges will be due at the time of permit application. 6. A new isolation valve alve shall be installed on the existing ater service line if the existing g tmg valve is not functioning properly at the time of connection. g p p y o The developer shall test the valve to the satisfaction of water utility personnel. 7. The ro osed site plan shall be subject t p p s o the approval of the City Fire P J Pp Y Department, p including, hydrant spacing requirements and any other requirements of the Fire Department. 8. All proposed landscape planting materials (trees, shrubs, etc.) shall be installed outside of • the public right -of -way. • GADepts\Public Works\Engineering\Development & Planning \Wirth Plat\site Plan.doc Wednesday 06 of Aug 2003, Xcel Energy — >7635693494 Page 2 of 4 • August 6, 2003 Mr. Todd Bloinstrom City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Re: Wirth Addition, Proposed Street RAW Vacation Hennepin County File: 200 3.320 Dear Mr. Blomstrom: This letter is in response to the above notification received by our department on August 1, • 2003. After review of our records for the above entitle matter, Xcel Energy has determined that we have facilities within the subject property and our easement rights must be maintained. Therefore, Xcel Energy requests that our electric and gas easements remain in full force and effect. Accompanying this letter are our encroachment guidelines that must be submitted prior to any and all building activities within our right -of -way. If there are any further questions please call me at 612.330.6956 and refer to our file number listed above. Sincerely, Edwin 0. Trapp Right -of -Way Agent • Wednesday 06 of Aug 2003, Xcel Energy — >7635693494 Page 3 of 4 • File No. Date: ENCROACHMENT REQUEST Line No. Structure No. Plan & Profile.No. NH , 1/4 1/4, Section , Townslvp Range County Easement Affected: Doc. No. The attached material pertains to a request to review plans for within the right of way for the subject line. Please review the plans and highlight the following conditions, which pertain to this project. If you have additional comments, please respond in the space provided. Thank you, in advance for your cooperation. I . EXCAVATION CLOSE TO STRUCTURE LOCATION A minimum distance of feet of supported earth must be maintained from any part of the transmission line structure. Support of the ground beyond the feet may be provided by a slope no greater than three (3) feet horizontal to one (1) foot vertical. Support may also be provided by the use of cribbing, sheet piling, retaining wall, or tunneling. The specific plan for - providing the required support and the excavation plan for the proposed project must be submitted to Xcel Energy for review and approval. 2. GRADE CHANGE AROUND STRUCTURE LOCATION Fill around or above steel structure foundations is not permitted. The grade around the structures must provide for surface water runoff no surface water ponding around structures will be • permitted. Any cost related to the adjustment of Xcel Energy's facilities will be at the requestor's expense. 3. FILL AND GRADE CHANGE AROUND GUY WIRES AND ANCHORS Fill above the steel anchor rod onto the guy wire is not permitted. The specific plan for any grade change or excavation in the vicinity of down guys and anchors must be submitted to Xcel Energy for review and approval. 4. GRADE CHANGE WITHN EASEMENT The ground elevation within the easement shall not be increased above feet mean sea level, 1929 adjustment or above the existing or proposed grade. Stockpiling of soil and /or material within the easement will not be penmitted. 5. CLEARANCES TOE LTIP MENT AND WO Q RKERS A working clearance of feet between the electrical conductors and any cranes or digging equipment used in or near the easement, or a clearance of feet to the physical proximity of workers, must be maintained at all times. In addition, any construction near the transmission line(s) shall comply with all OSHA Safety Clearances. If this clearance cannot be maintained, the contractor or developer must arrange for a line outage by calling Xcel Energy's System Control department (Steve Rollin @ 612.330.2875). At least two (2) weeks advance notice must be provided in order to schedule a line outage. There is a fee of approximately $350.00 per day, per outage, for this service. This fee must be paid prior to outage. • 6. LANDSCAPING WITHN THE EASEMENT Detailed plans for landscaping (including light standards) must be submitted to Xcel Energy for review and approval. Generally, shorter varieties of trees and shrubs may be considered. If planting is permitted, the line's voltage and the tree's mature height and the distance from the line must be considered. For maintenance purposes, there shall be no planting within 15 feet of structure sites. Wednesday 06 of Aug 2003, Xcel Energy — >7635693494 Page 4 of 4 • File No. Date: 7. BT-T ON EASEMENTS There shall be no permanent or temporary building allowed (Choose one) a. within the easement area. b. within ft of the transmission line centerline. C. except as shown in Exhibit A attached hereto. 8. FUEL AND REFUELING ON E ASEMENTS There shall be no fuel tanks stored or refueling of vehicles and equipment within the easement. 9. STREET LIGHTS AND SIGNS ON EA SEMENTS If there are to be streetlights, signboards, identification signs, or any other type of non - building structure within the easement, detailed plans must be submitted to Xcel Energy for review and approval to verify compliance with electrical code clearances. The proposed cannot exceed an elevation of feet mean sea level. Metallic structures must be properly grounded. The same working clearance criteria, as stated in Paragraph also applies, for equipment used to erect and install light standards, sign boards, etc. 10. FENCES ON EASEMENTS If the easement area is fenced, gates must be installed to provide access to Xcel Energy for maintenance purposes. Chain link or other types of fences using metal material and constructed • on or near an Xcel Energy easement should be properly grounded. 11. STRUCTURE PROTECTION Where streets, parking lots, or other areas are developed which expose transmission structures to vehicular traffic, steel post, or guardrail type barricades must be installed in accordance with Xcel Energy specifications. In some cases curbing will provide adequate protection. 12. NOTIFICATION The contractor must notify Xcel Energy at least days prior to beginning construction. Please contact at 13. CONNNIENTS SITING & LAND RIGHTS I TRANSMISSION ENGINEERING I TRANSMISSION MAINTENANCE Date Date i � Date Signature Signature Signature • E:I GROUPS' d .AND'S.AND_FORivIS\Encroachment Request.doc rev.5 -1 i -03 • E-EwH R cTA ON All T.la aw .... eel- gw-ooa I + i les Tr t... +- eoo -ax-nw PLANT SCHEDULE w COeY1W N-EAA- N.E 4ZE K00T I MMARKS C T e11ME te . •�..� PALMER LAKE PARK N - -�`/ Y .t`°'� 1 . • ^. °— t al; • i = Ie.YYanu �� Y 4 1PI — a K1&54•� -� / % / LANDSCAPE NOTES '�••\�'.: i a . em�ga �m aK rtws ra f1E aaw rvm Ynm ernwems •- • lA PPWPTT ; IbE� e p O EM � e[IMm tl CI.tlMMe W1! ;:... ••.`," / . R[igUYMGR M flfR /dl ZMIAL /IAXINa NmU. R1161MN m Y 100efD 11NIE1! enS11105E NORD. % - • -':�"" 1' i / • I y u � ry M * lm I M� uIU S Nl ry a eDe eGU lernl I Cr S�;I•'�• � •• f�a \� / I ` - \� \�'' // � Mina � eTtll'wYIgR�9 � � Z�MORY. — j :�� ` �`. � \.��\ � / . Ml 1110e 10T Y IIN11N0 eae A lem1E I6Kd Mee Y M e11 i N `•`; : . • 11001 ro g10PR nnrr rat a6IYO .eo 1009aY COIIeLL . C `�� - \. /: ' m a m °°O1 mle SaO m m l u ml� nw mo uus ee `•�„ IRRIGATION NOTES t '_ C� `� � y �` .v , , i VJIOSLVE oantencmN aNw. auMT a YNS dlnwNa a N4oeKOY PuN 11 .� • ro tNE wmsevE IKaerzcr rm MMrovY. - ' � L. •�` fMIOC fK` 11EFK1 YIIMP qeK M MGTM N0 OECAC /exQ . .-T tl oexolfD w wn wtllr�uxn a�m G w1e9C.sE , `"O' � �`` � . '� , elOG1M wa1 uo caNelYlenoN a ro ee PPOVIeI sr wKtKnclae roe k j3 ! � e ,, .,,�� •��,,,, . eWGtlen aalol ro mwa ewxmuc,a .a .>wK.. -° f, YS 39 r{ \ EOMNMS No taw. IeQKAteMl ``\ \ g ��A • • - \•' oYq /• \ LANDSCAPE DATA .y •'•, / � t1e CT' 1eaYess WefYME P E "E GSa mG tla aYE er _ YICFL 11'E iMT t ntus 6EgIIXE 75 lnlbxlP[ POMR PFR •'�, Y ., `� 4; r Ice, INO me � �sn emulYa eo roxn ra ,vr! n1e eE+ln N a: rain leaven. ,`�;, waecwE PYNr C.LL0.lAtKN `••'•� (x Ines . ral � fsx naa . eo! - m P Yll �w vaets r) mw1 yg .. �,� rYwPm• F— RECEIVED SITE DATA a • eYE ar rN1m u nc • PM a a WIF K feleYawu PNKI AUG 14 2003 L CITY OF BROOKLYN CENTER -� eTwS AV -Aww'a Lm. W N Nx.R BRPWW dSE� 5555 3 GOPHER STATE ONE GALL TERM CAW+ AAN W- .Di -oon jj11 ML TA F 1-8011-252 -11MI , �! I GENERAL NOTES PLANTING SPECIFICATIONS PLANTING NOTES l LANDSCAPE CONTRACTOR TO YERIM' AL 1TRINTY DCATIONS ON PROPERTY RTH THE GENERAL ro A IONI" W PLANITND TO N BE ALLFD UNTM GRADING AND COISINLCROR HAS BEEN CONPLLID IN STNO CONT RACTOR W CAL C Eft RATE DNE CN1 (ASA-ODO2) PRIOR TO DEP H DP 10'. MENONEMe SHALL BE IPMPD AFTER CULTNATNWL THE RADIATE AREA. COORDINATE THE PHASES OF CONSTRi1C1ION Mi, PLANTING NSTAIAMONS WTN OOEN SAEWFRL SOIL USE SDIL EAGVATD iR0A1 PlAN11NQ MOLES IND PROVIDE MRDMEHIS. AL PLANT MATERIAL LOCATIONS HUES BE REMND AND MPRPA?D BY TW LANDSCAPE CONTRACTORS WORIOIE OH SRE REWOE ALL LWBIBS BM MURK, ROCKS t)RGEIR i/NN Y 1WALETER. ARCMTECN PRIOR TO ANY AND ALL DIGGING. WERE rEj EASTNG NEE4 ARI OR 9IOMFIGNI MRIIBB WSBNGS ME {dmo OR iFA16RATION: ALL PLANT NATRWS SHALL BE FERAL®. UPON NSIALLATION, WITH DRIED IF THE LANOWAPE CON TRACTOR PERCENF9 ANY OENMIENCET N THE PL NT SaWTONS. SON !1 SIT[ NHFIIIER BONE MEAL OR OIMR SKOIFIRD fERIROER YCfm W 11fIN 111E PIIMNG Shc PEA 1N. CONDITIONS. OR AN, OMIT SITE: CONDITION WINGN MGM NEDAIWRLY AFFECT PLANE WIERNL 5 SHORN ON TINE ONAWNC NOT. 11EY SH111 BE PROTECTED LAID SAVED UNLESS NOTED TO BATRIFICIAPER'S NSIAUCIIONS UNLESS WORD OINERWISE [RASLSNN SURMVA{ M FAIRAN7M MET MILL BRPA IMSE OFFICRNNOFS TO THE BE REHAOID AID /M IRE N AN AREA 10 BE ORA D. NR awwwN REONgNG RHEDrtN ATaMMH a TIE LAAMWE /ACIIIIELT PRIOR T, WRAIATMa ( g PLANT WIRRAL SHgIID REANN ON NOT SNAIL BE BROUGR TO THE AT"I~ OF THE IRI LH WTFRAL AS SPECIFIED ON THE LANDSCAPE PLANS. MASS xULCM Al. PLANING BEDS LANDSCAPE IRCMTTL`T PROW M R AI_ TO r DEPTH OAR RBR WT REED BAUDER. ALL PCRENNW. MAxwNG BEDS TO RECFTA: l M ID.II N ' N 151FIIIl l L A IANDSIPI ENI WAR NAT BE N EEDED N FELD. SHOULD ! AL ommNG TREES TO RGAFN TO BE FPATxDED IND PRUNED M RDXK DEAD ROOD AN DEEP SHREDDED WRDWVOD MJLCN WT111 W FIBER WT REED SW NOR. AL MROREDI AN✓D MAXO NOTIFIED. 3 DEMOLOUS TRINES TO RECEIVE B' DEEP SHREDDED W— WA.CN R WLTI IH W N IN ONWam OR RiIBBHG BRAICIKS. DIRER CONTACT WITH TREE TRUNK. ALL PLANKS TO RE INSUlLID A PR PIAMNO OEFMS. M TREES AND SWNBS ARE BALLED AND BUII TREE SIMIW.. R SHALL BE THE CDINTRICTWS RESPONSSRRT ro WANE NA/011 OUT THE ONE S NITUR PER IT (fCOMMON LA/1N E IN EAC PLANTING WIN BED S AL BE CLEARLY NOT DE NO PANT W1ERlAL SUBSITNIIONS WLL BE ACCEPTED UNLESS APPROVAL 6 REOITESiED OF TRW ACCOppING TO THE DETAINS. R B ME CDINTRACTORY REKPONSERIIY ro TAKE EYRY REypm NKaaq TO OWNER ACCEPUNCE ! NF ME LATOSAPE APMITELT BY ONE LANDSCAPE CONTRAC PRIOR TD THE SUBx69ION OF A STEP MECESSVIF ro LWMAN TILE 1RFE5 MO SHMJ85 N M UPNDITf AHD PLUNK — `T"" BIO MID/OR QUOTATION. AT ALL iW6 UNIX THE END OF THE PALM "PAM PERIOD ESPECIALLY WHERE WHERE SOO�g® ANTS PA'D AIRFICFS, RNBND GRADE OF S00 /9fFD SMALL BE MID i' VAIpA15M, SON. DIE Mm CONDITIONS M[ A PROB BELOW ACE ELEVAnON K IAAR. SCAB. CURB, M. AL MAR WTENA SHALL CDMPLV CORN THE LATER mITI0E/ OF ME AIEIMIN 1gEE WRAPPNC: WMPPLNG WIEWAL SHNL BE QIIALII'I. INFAVY NA1mPR00F CREPE PAPER RIANDARD FOR NURSE" ROCK. ANTNRCM ASSCAODN OF NWRRNEN WMIFACRM FCR THB MIRPOSE WARP Al DECIOUOIS TREES PLANTED N THE FNL PRIOR SIDPES STEEPER ID PARALLEL E O L R M HE C O NT OURS SWAINSµ THE LL BIE S AND TO n1F CONTRACTOR IS RESPaxSIDLE FOR ON-00010 NALIIIENWCE OF ALL NEWLY INSTALLED TO 1z -I MD IEYd'E ICI. NIVPPRIG AFTER 3-1. GROUND. WTFRIALS UINIM nM: OF OIFIIR KCEPf.WCE AM M:15 OF VAIONISM OR GAWME ROODR PROIECROIt PRDIIOE ox ALL /WINES. E %C[PE SPRUCE MREBS QIHFAWBE SPETiIm. WMMN Wr oOCUR PRIW ro CANTER ACCEPTANCE ANALL BE TIE RESPMISMNIY Di lxE SEED NL IAF/5 OSTLMBFD OLIO ro oRADBNC OTRR T1NN ll1OSE MFA4 xOTm 10 RDENE CONiPICTp0. L/ S1A " IMIG PLAN: NL P�ROPOSD AIMS A N T BE `E IF AS SHOWN ON SOD. wM'RICIOR Anu PROAOE A wRnTEN RFOIER FDI1 NNE oWNR ACCEPTANCE RSPECnON. MANS. LAIN TAXES v O.ER PUNT s U RTICS4 R E D TED DIAFN N aIONS S IND REPAIR ILL DALYDE ro PROPERLY fRDM PWNTING OPENA110NS A NO COST ro NNE OWNER. E S CALE DRAW14 LIONS TAE N PRECEDENCE oVm DlFS. ESPECT lm AGIB. W MOT W ARCHITECT FOR EMWY W AFTER THE CO E q: P iRWS SHAT BEGW LA O N ND THE OATS CAF N DS S CAPE V BY ME e•AIr pUwRTGi w PARTIAL. CEMAN" RE D IITN K NLANDSCAPE GAIPE LW VBVS. EDGING: EDONO MOLL BE A' P.V.C. OOWM:KL MADE EDCMC wrTR IN (D NETa IRRIGATION NOTES • • • • ' i.. MO PARIVL ICCERNNCE WILL B! COILSIOEAD. ANCHOR RAGS PE m TOOT SECTION. ILL MASS PLANT BEDS AWL HN2 EDDWQ CORTMCTOR SHALL CUALWTFL NEN PLANT WTFAAL TMMUGH ONE CALENDAR YEAR FROM PLACED BETRUN NIWCH AREA AND AM A..M f TURF AREA LANDSC AN CONTRA SNAI1 BE PLAN ANDS A�PAR a THE SCOPE IN WOW DALE OF Oft" ACCEPTANCE WONT ILL WINACEYRTS TO 8E PROVDm AT ND wMm DO— lIE3E AALL BE AFVRO.EO m THE LANDSCPE MONRECf PRIOR ro ADDIIIONN COST ro THE OWW0. ORDErt s WRUY IDWONG/PROPOBEU MIDATION STSTEN LOCATION UNLESS OREAMSE NOTED ALL soo /BEND MD PiADNG MFRS NDVTED dE PLM SHV.L BE IOOR MRIDATD. nlE MRIDATION SHALL NCLUDE nE PUDIAC RIOHI 4 NAY BEiWEd1 DECIDUOUS TREE CONIFEROUS TREE PROPERTY LINE AND BACK OF DIP B "HERE NEW LANDSCAPE W1PRwFNUNTS ARE PROPOSED. R BULL. BE TM L NBSaP[ CQNM/GroES RESPONONLOY TO INSURE TWT ILL NOTE: IRRIGATE PROPERLY, NRDORNS ngSE AREAS AWED ATOWNIE I1E1110D3 O DMECIL AROMA) LAND AIIIRIPIO BUlll116 TOLANDUWIt TREE WARM ARE ILLUSTRATED NOTES: CONIFER ro WYE SnTEmm 11AIDADaD MACK UNLESS NOTED —RE. TIE LNIDDI —E GnNIRILTOR ORAL PRO.IOE TM a RDN A WTERNG/IAYM MRIDATIOx / E B THE CONTRACTOR'S dmal ND NIRLA To BE N CONTACT 'O'N TRMK SCHEDU LE APPROPRIATE TO THE PROURCf SITE CNARIONS AND TO RAM WTERIAL C= / TO RARE TREES; MOWEVER. TILE REQMRDRR CONTRACTOR B RESPONSIBLE TDR SOVIIFY BORON ARID SEES OF NNE PRIOR m PLANTING. WWNANWG TREES I N A PUNT POSITION TIMOUppR THE TWO ALTERNATE NETHCOS OF TREE RAIDING ARE RIVSTMIEA OHMAIREE PERIOB R B THE CONfWCfDIT! OP— TO RAKE 1RFES HNDY•EVR. 111E CONDV — B Be. FY BDTfOM LAID SNIT OF RESPOHSIBtE TOR WIMNNNG TREES N A PLWE POSITION 111ROLIGNOUT ME IDLE PRIOR m PLANTIND GWAANRE PRIOR. SHRUB . wWE BmMO 1A u CORE DOUBLE STR 14 WTIE RL AL GL WIRE - I W T20 NINNNS RIVAL) S • 120 IITIEIIU N 10' POLYPROPYLENE OR N OTE. HAND LOOSEN ROM Di 1 POlTE1HWENE ((W WL 1 -1/2' 1�1/E 'WMEBTRIPWM.) CONI'mmZFD WTENVL (m.) LADE SIPIP TYP.) _ .'-W STEEL DIANE S BOTTOM AND SIOES OF TREE TTWM ro FWST BRANCH ' PLASRNG - ORE PER WMG HOLE PRIOR 10 PLANTING R WE - ONE PER m SR ON Y 1 1' o BNIN W RCN - r awc D RP _ AINUBS TD SR m SUBaWDE Q� ^ sm RARE NWCas Norm oTMAwrsE) tl PLANTING wIL -- SEE SPEC NOTED Onowso . "B"' � PLANTING SOIL - SEE SPEC. $ — LANDSCAPE FARM -BEE SPEC. IOPmB 333 TOPSOIL MANRNG BOSH - SEE SPED S�ORIDE r 4' P.V.C. DGND ) 2' S 2' R 2V WOOD RARE SET 2' R 2' X N ROOD RAE REFER TO PLAN FOR GROUND +R AT ANGLE SET AT LAME CODER BOB SOD SIBONAE %T TD TME P M CAF SHRUB I N Oft, TAPE FAXA, INCEO MO OIER O RAOIAON TROY ECOE Y 4 � W T a All( 14 2003 CITY OF BROOKLYN CENTER 5 � a �... I )d �� iwla.o uNlM waaarxn: r,.a�... `': tie � �• ='.�.� ` I �1 L t :� N.�•'• � � � �„.,....... a �� RAW T _ " ='tiR:� pnurxr6nE CCm , unml • na. � T±x CM .;"'y: ...n.rm....�m•r •- ...."" - C) ; .. �;'�".'! 'B` y a HOLIDAY �t J i'' • ' _ J. ! SUPPORT FACILITY = �..ITZ° -u S2a.S• � RHItGLU CRNLK P 2 BR/N)KLYK CLATII, • F -" �� . -tea. bHfiNLLS(1SA CITY OF malt YN amvjt CITY OF TRIOMEM CFNTM CITY OF BROOKLYN Cl24M rlva I_. {_ NSLMI.,TION 1� OA CIE N,TEN /002 N ANO MPRM I f00f i SRAM THE NETNL i Rtti FENLE OEI/1R i ML mLS TYPICAL MYOPAM AND GRfE NSIYE rcm _— 10,81MNOU BiK / 0.6 f - .•.,.�...>.i... Wf.ANO Gl 1 ow..r..wavwrr.wa� •°ras m�- ey..�wsnwres�lamowntp - 1 CTTY OF BROOELYN CFIYTER CITY OF HROaUXN ColrM CT'tY OF BRDm" cafm _ 0.FJN OUT RAn PW= BEBOSK PR•E EETA)dRl. AM 1 C 9 UL _ RO m I N ,0[ rc+w m rca •- „"OLAf4EI0AT pAr� kN fiiiCTU4E F00f �"� Ilan _ I 2011 Im pETARS - I E OETM 1 aasFxaneNf I zrno e i X31 I E EIV ET 1. 0 `.r....wa..n..e...,... �' p .. AUG 14 2004+ Wit(waimm YNCD+Tm _ CaIYOFRR cwLYtNcenn _ CDYOFBBOOSLYNCE?TM CITY U BROOKLYN GERJT s PL/sTR:nA I /009 SR 1 TPKL` OR:tiE•NGY qyy ATEIUILSI —'`� 5�+. adoption: Member introduced the following resolution and moved its i PLANNING COMMISSION RESOLUTION NO. 2003 -01 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2003 -012 SUBMITTED BY SPM CONSTRUCTION CO. AND HOLIDAY STATIONSTORES. WHEREAS, Planning Commission Application No. 2003 -012 submitted by SPM Construction Co. and Holiday Stationstores proposes rezoning from I -1 (Industrial Park) to PUD/I -1 (Planned Unit Development/Industrial Park) of two proposed lots of 838,892 sq. ft. (14.67 acres) located at the southeast corner of Shingle Creek Parkway and 69 Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a 43,761 sq. ft. Holiday Stationstore Commissary building on the proposed Lot 2, Block 1, of the Wirth Addition and parking lot modifications to the proposed Lot 1, Block 1, Wirth Addition at the above mentioned sites; and WHEREAS, the Planning Commission held a duly called public hearing on August 14, 2003 when a staff report and public testimony regarding the rezoning and development plan • were received; and WHEREAS, the Planning Commission considered the Planned Unit Development request in light of all testimony received, the Guidelines for Evaluating Rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance, and the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2003 -012 submitted by SPM Construction Co. and Holiday Stationstores be approved in light of the following considerations: i 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner, which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under this Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with City Ordinance standards except for allowing a 20 ft. to 30 ft. encroachment into a • i required 50 ft. buffer and setback area along 69 Avenue North as depicted on the site plan submitted with this PUD application. Also comprehended is a modification to the City's access restriction policy along 69 Avenue North adjacent to the Industrial Park to allow an access to the Holiday Commissary building site as per the plans submitted with this PUD. These modifications are justified on the basis of the development plan being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved development plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long -range use of the existing land and this redevelopment/development can be considered an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2003 -012 be approved subject to the following conditions and considerations: • 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all site improvements. 4. B -612 curb and gutter shall be provided around all driving and parking areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. The building shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance on the Holiday Commissary site. 8. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The applicant 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 permits. 2 • 11. The lans shall p be modified to provide: a. A masonry wall of comparable material to the building fagade of sufficient height to screen the truck parking and loading area from 69 Avenue North. b. Additional coniferous trees along the east end of the loading/parking facility to further screen that area from public view. c. Additional landscape plantings on the berms along Shingle Creek Parkway to provide additional screening of the loading/parking area on the east and the parking area on the west. d. Berming or a decorative screen wall between the parking facility and 69 Avenue North. 12. All work performed and materials used for construction of utilities shall confonn to the City of Brooklyn Center's Standard Specifications and Details 13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and shall also provide adequate erosion control as approved by the City's Engineering Department. 14. No building permits will be issued for construction of any proposed buildings until the plat comprehended under Planning Commission Application No. 2003 -010 has been given final approval by the City Council and filed with Hennepin County. 15. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to reviewed and approved by the City Attorney prior to the issuance of building permits. Said development agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the I -1 underlying zoning district as well as all other conditions of approval. The agreement shall further assure compliance with the development plan submitted with this application. 16. Approval of this PUD acknowledges only one access to the Holiday Commissary site from 69 Avenue North as designated on the approved plan. This approval shall not be construed as precedent for any other access points into the Industrial Park from 69 Avenue North. Date Chair All rST Secretary • The motion for the adoption of the foregoing resolution was duly seconded by member 3 • and upon vote being taken p g thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • 4 • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2003 -012 SUBMITTED BY SPM CONSTRUCTION CO. AND HOLIDAY STATIONSTORES WHEREAS, Planning Commission Application No. 2003 -012 submitted by SPM Construction Co. and Holiday Stationstores proposes rezoning from I -1 (Industrial Park) to PUD /1 -1 (Planned Unit Development/Industrial Park) of two proposed lots of 838,892 sq. ft. (14.67 acres) located at the southeast corner of Shingle Creek Parkway and 69' Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a 43,761 sq. ft. Holiday Stationstore Commissary building on the proposed Lot 2, Block 1, of the Wirth Addition and parking lot modifications to the proposed Lot 1, Block 1, Wirth Addition at the above mentioned sites; and WHEREAS, the Planning Commission held a duly called public hearing on August 14, 2003 when a staff report and public testimony regarding the rezoning and • development plan were received; and WHEREAS, the Planning Commission recommended approval of Application No. 2003 -012 by adopting Planning Commission Resolution No. 2003 -01 on August 14, 2003; and WHEREAS, the City ouncil considered Application - ty No. 2003 012 at its August 25, 2003 meeting; and WHEREAS, the City Council has considered this Planned Unit Development request in light of all testimony received, the Guidelines for Evaluating Rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance, the City's Comprehensive Plan and the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2003 -012 submitted by SPM Construction Co. and Holiday Stationstores be approved in light of the following considerations: 'I • RESOLUTION NO. 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner, which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under this Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with City Ordinance standards except for allowing a 20 ft. to 30 ft. encroachment into a required 50 ft. buffer and setback area along 69` Avenue North and a 10 ft. parking and building corner encroachment into the required 50 ft. buffer and setback along Shingle Creek Parkway as depicted on the site plan submitted with this PUD application. Also comprehended is a modification to the City's access restriction policy along 69' Avenue North adjacent to the Industrial Park to allow an access to the Holiday Commissary building site as per the plans submitted with this PUD. These modifications are justified on the basis of the development plan being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved development plan. 4. The Planned Unit Development proposal is considered P p p consistent with the • recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long -range use of the existing land and this redevelopment/development can be considered an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2003 -012 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all site improvements. • y • RESOLUTION NO. 4. B -612 curb and gutter shall be provided around all driving and parking areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. The building shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance on the Holiday Commissary site. 8. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The applicant 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 permits. 11. The plans shall be modified to provide: a. A masonry wall of comparable material to the building facade of sufficient height to screen the truck parking and loading area from 69' Avenue North. b. Additional coniferous trees along the east end of the loading /parking facility to further screen that area from public view. c. Additional landscape plantings on the berms along Shingle Creek Parkway to provide additional screening of the loading /parking area on the east and the parking area on the west. d. Berming or a decorative screen wall between the parking facility and 69' Avenue North. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's Standard Specifications and Details 13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and shall also provide adequate erosion control as approved by the City's Engineering Department. 14. No building permits will be issued for construction of any proposed buildings until the plat comprehended under Planning Commission Application No. 2003- 010 has been given final approval by the City Council and filed with Hennepin County. i • RESOLUTION NO. i 15. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to reviewed and approved by the City Attorney prior to the issuance of building permits. Said development agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the I -1 underlying zoning district as well as all other conditions of approval. The agreement shall further assure compliance with the development plan submitted with this application. 16. Approval of this PUD acknowledges only one access to the Holiday Commissary site from 69' Avenue North as designated on the approved plan. This approval shall not be construed as precedent for any other access points into the Industrial Park from 69' Avenue North. i 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 OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 22' day of September 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapter 35 of the City Ordinances regarding the redescribing property to be rezoned. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHEAST CORNER OF SHINGLE CREEK PARKWAY AND 69' AVENUE NORTH) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1200. INDUSTRIAL PARK DISTRICT (I -1). The following properties are hereby established as being within the (I -1) Industrial Park District Zoning classification: • T.a..,Lz, D, I1, 1, K, cu. L vf R.L.S. 1499 Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development Zoning Classification: 3. The following properties are designated as PUD/I -1 (Planned Unit Development/Industrial Park): Tots 1 and �, Block 1, Wirth Addition Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 2003. Mayor ATTEST - City Clerk Date of Publication Effective Date . (Strikeouts indicate matter to be deleted, underline indicates new matter.) • City Council Agenda Item No. Ilb I • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning S ciahst �jl• Subject: City Council Consideration Item - Planning Commission Application No. 2003- 013 Date: August 20, 2003 On the August 25, 2003 City Council Agenda is Planning Commission Application No. 2003- 013 submitted by Bernard & Kathleen Swanson requesting approval to uncombine, or resubdivide, two platted lots that had previously been combined for tax purposes at 6213 Unity Avenue North. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2003 -013 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's • consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their Augut 14, 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 7 -22 -03 City Council Action Should Be Taken By 9 -20 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -013 Applicant: Bernard and Kathleen Swanson Location: 6213 Unity Avenue North Request: Re- Subdivision Approval The applicants, Bernard and Kathleen Swanson, are seeking approval to uncombine, or resubdivide, their property to reestablish two platted lots that were combined for tax purposes a number of years ago. This action would allow the two lots to be used and sold separately. The property in question is zoned R -1 (One Family Residence) and is located on the west side of Unity Avenue, north of 62 Avenue. It is surrounded on the north and south by R -1 zoned property containing a single family home on the north and a vacant lot owned by the City of Brooklyn Center to the south; on the east by Unity Avenue with single family homes on the opposite side of the street; and on the west by the boundary with the City of Brooklyn Park and property owned by the Metropolitan Airports Commission (MAC). The lot is currently 150 ft. wide by 127 ft. deep and is 19,050 sq. ft. in area. The legal • description is Lots 6 and 7, Block 3, Lynn Lee Addition and was combined for tax purposes as mentioned above, by the owners a number of years ago. Lot 6 (northerly lot) is 75 ft. wide by 127 ft. deep, 9,525 sq. ft. in area and contains a house and garage. Lot 7 (southerly lot) is also 75 ft. wide by 127 ft. deep, 9,525 sq. ft. in area and is void of structures. The applicants plan to file the survey they have submitted with Hennepin County to reestablish the old lots and to ultimately sell them separately. The process of combining parcels for tax purposes is an administrative procedure that combines lots without the benefit of replatting. Once done, the City considers the lots to be a single lot for building purposes and setback purposes and construction can take place accordingly. The lots, once combined for tax purposes, cannot be sold or conveyed separately without being uncombined or resubdivided, which requires City approval. Because the lots are considered a single lot, the City requires the requestors to provide a survey to show that the reestablished lots have no property line encroachments or setback deficiencies before the City will allow the lots to be uncombined. No such encroachments or impediments exist in this case to prevent the uncombination, or resubdivision, of the lots. The reestablishment of Lot 7 will mean that the old address of 6207 Unity Avenue North will be attached to this lot. Lot 6 will remain addressed as 6213 Unity Avenue North. • 8 -14 -03 Page 1 • RECOMMENDATION The information submitted by the applicants shows no impediment to the reestablishment of the old underlying properties. Approval of this application is recommended subject to at least the following conditions: 1. The legal descriptions and survey showing the reestablishment of the underlying lots shall be filed with Hennepin County. 2. The City Assessor is authorized to process the resubdivision in conjunction with Hennepin County. 3. The resubdivision approval does not comprehend approval of any other action pertaining to the use of the property. • I • 8 -14 -03 Page 2 I i �� � �11t1r►�` � t •A t MIR :. OR in d ��: ,� �� _ I 4 �. �;. � . � �� "`a,a �,'� III �� �u� �. r ^ � �, >t �o ti R . ,�., a . � °��< i�i�' „' r +f ��' ✓a�: �.,,. �� i I i �F,y j I,, I f f. .III IPI�. � S. � 1� °a �.s >��m { S 03'21 '45" E CV S 03'21'45" E -- 75.00 -- --75-00- -_,•` lo M i n N. I �. 1 Story StUCCO " N I I; I \ �" 14 ao 00 _ I O 1 I �y �p . Co- L'z ° Garage ;N - - --- --75-00 -=- 75.00 - S 03'21 '45" E • S 03'21 '45" E . • City Council Agenda Item No. llc • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist �( Subject: City Council Consideration Item - Planning Commission Application No. 2003- 014 Date: August 20, 2003 On the August 25, 2003 City Council Agenda is Planning Commission Application No. 2003- 014 submitted by Eastbrook Properties, LLC requesting Preliminary Plat approval to subdivide the lot at 711 69th Avenue North into six single family lots, an outlot and street right of way. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2003 -014 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. • This matter was considered by the Planning Commission at their Augut 14, 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 7 -24 -03 City Council Action Should Be Taken By 9 -22 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -014 Applicant: Eastbrook Properties, LLC Location: 711 69th Avenue North Request: Preliminary Plat Approval The applicant, David G. Evanson on behalf of Eastbrook Properties, LLC, is seeking preliminary plat approval to subdivide the lot at 711 69 Avenue North into six single family residential lots, an outlot and street right of way. The property in question is zoned R -1 (One Family Residence), is 2.16 acres in area and is located between 68 and 69 Avenues North, east of Aldrich Avenue North. It is surrounded on the north by 69 Avenue; on the east by other R -1 zoned property containing a single family home owned by Brewster and Theresa Thomas and a vacant lot owned by Mr. Evanson; on the south by 68 Avenue North; and on the west by Aldrich Avenue North and two existing single family homes. The proposed plat, which is to be known as Eastbrook Estates, currently has a metes and boundS description of Auditor's Subdivision No. 310 and would be divided into six buildable lots and an outlot. The proposed Lot 1, Block 1 (the most northerly lot) would be approximately 150 ft. • wide by 136 ft. deep, 20,354 sq. ft. in area and contains an existing house and a garage /carport. This lot will be retained by the applicant's sister and husband who plan to build a new home and garage on the lot this fall. The existing structures will be removed and the potential non- conformity (rear yard setback) will be eliminated also. The proposed Lots 2 and 3, Block 1, will be located south of Lot 1 and will face a new proposed street extending east of Aldrich Avenue (Aldrich Lane). Sixty feet of right of way is being dedicated for this street. The lots are approximately 75 ft. wide at the front setback line and are approximately 136 ft. deep. The proposed Lot 2 is 9,933 sq. ft. in area and the proposed Lot 3 is 10,177 sq. ft. in area. The proposed Lots 1, 2, 3 and Outlot A, Block 2, are located south of the proposed street extension. Lot 1 (corner lot) is 90 ft. wide at the setback line, 135 ft. deep and 12,061 sq. ft. in area. Lot 2 (interior lot) is 77 ft. wide, 135 ft, deep and 10,427 sq. ft. in area. Lot 3 (corner lot) is proposed to be approximately 90 ft. wide, 135 ft. deep and 12,188 sq. ft. in area. Thirty feet of right of way is being dedicated for the balance of the 68 Avenue North right of way. Outlot A, 15 ft. wide by 258 ft. deep (3,865 sq. ft.) runs north to south and lays to the east, or rear, of the three proposed lots. An outlot, by definition, is smaller than the minimum size lot in a plat and is declared to be unbuildable until combined with additional land. It is the applicant's intent to include the outlot in a future plat which will be proposed at a later date. Mr. Evanson has recently acquired the land immediately to the east (Ditzler Addition) at a County auction and plans to subdivide it as soon as some title issues can be resolved. He is proceeding with the plat • 8 -14 -03 Page 1 at hand to create a lot for the construction of the home proposed by his sister previously • mentioned. The applicant has also submitted a potential plat, or master plan, for this area, which is labeled "ghost plat ". He is working to acquire or reach agreements with property owners in the area to accomplish the subdivision outlined in this master plan or "ghost plat ". The City Council at its meeting on July 28, 2003 reviewed the applicant's proposal and agreed to seek the purchase of excess MnDOT right of way along T. H. 252, south of 69 Avenue, which would be included with the overall platting for this area. Obviously the City would be seeking reimbursement for the purchase and expenses involved in such an undertaking. In the meantime, any subdivisions of the land in question, should be consistent with the master plan or "ghost plat' shown. A point of concern with the proposed plat is the accessory building shown on the proposed Lot 3, Block 1. The Zoning Ordinance allows garages only as accessory 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. It is our understanding that the applicant will remove this garage from the lot prior to final plat approval. This situation is similar to that in the preliminary plat under Planning Commission Application No. 2003 -005, which was recently approved by the City for a division of land along France Avenue, north of 50 Avenue. The City Engineer is reviewing the proposed preliminary plat and will be offering written comments and observations for the Commission's review. The applicant has submitted a • preliminary grading, drainage and erosion control plan also being reviewed by the City Engineer. Construction of streets and utilities for this subdivision probably will not be undertaken until next construction season. A "hammerhead turn around" at the end of the proposed street extension would have to be constructed until the street is further extended with subsequent plats. It is likely that the City Engineer will require a subdivision agreement outlining the costs for street improvements and utility extensions necessary for the plat. The preliminary plat shows 5 ft. drainage and utility easements along interior property lines and 10 ft. drainage and utility easements along front and rear lot lines. The subdivision ordinance generally only requires 5 ft. drainage and utility easements along rear lot lines unless larger easements are deemed necessary. Unless the City Engineer believes a 10 ft. rear yard easement is necessary, I would recommend reducing them to 5 ft. to be consistent with accessory building rear yard setbacks. Minimum lot requirements contained in the subdivision and zoning ordinance call for corner lots to be 90 ft. wide at the front setback and 10,500 sq. ft. in area. Interior lots are required to be 75 ft. wide at the front setback and 9,500 sq. ft. in area. All of the lots proposed in this preliminary plat meet or exceed the minimum lot requirements contained in both the zoning and subdivision ordinances. A public hearing has been scheduled for this preliminary plat application and notices of the Planning Commission's consideration have been published in the Brooklyn Center Sun/Post. • 8 -14 -03 Page 2 • R RCOMMF.T�1T) This preliminary plat appears to be in order and approval is recommended subject to at least the following conditions. 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The accessory building indicated on the proposed Lot 3, Block 1, shall be removed prior to final plat approval. 4. The plat shall be modified to show 5 ft. wide drainage and utility easements along the rear property lines for the lots proposed in this subdivision. 5. The applicant shall enter into a subdivision agreement as approved by the City Engineer regarding various subdivision improvements required for this plat. 6. Future subdivisions in this area shall be consistent with the master plan submitted with this application. • • 8 -14 -03 Page 3 I ffi+ 'V1 iAO is N U , c 7 N .��H. 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N.rlh Brooklyn C-1., MN 55450 BROOKLYN CENTER, MINNESOTA OWNER AN EASTBR PROPERTIES, LLC uELeA P EvAnsoN I T Etuorr o- ��J , , ;!;i,•' SUBDIVIDER. 722d LC.-d— AA—. North 11 —A. "'��` Brooklyn C.nt., MN 55430 GRAPHIC 6AFY F. BRINAMER ..,�,. • • • •'� • • %AI SCALE L — ` "� " " "" -- (65I) 635 -1272 w a SURVEYOR Mod—If R H A ., ....-N — 710 — o- cCwt e � "� w M — — — "- — — . River Road .... .. - - y ..... _y871" Q "28E . " "' Anoka, Mn. 099 $ - � (765) 712 -9099 '._ - f- AREA: 2, 16 A.... ar..rwa a e,eer _ / a CURRENT ZONING: R -1 LEGEND I — j eREW31ER R t rFRFSA A MOMAS ZONING OF R -1 °pm C)° 9moM, cofcn eaa,n I I `�jl p ) I, } I I SU RROUNDING PROPERTY. omorn cm,ar.l. Surbc. ;: I 1_ G r 0. 51 SF, t>I Om.1., r fool Cenr.w Mfmwl p 9D£CAygO ANOFEW B BAPNNWSF I ges' { �� I ARMSIRON9 I - -9 >O -- Oeno ,s r0 fee contour �nlm+tl tr s ] wASCAfr I I 1 > ; {- �,...� "" PROPOSED LOTS: EucNK Bae I I' � I I r Sin91. Family L.fs _ 6 Tf Benoro Fv, H or rrm,la•mm I I . � ;I Oul/ala - 1 ml I �— — 1 I (h' I I, D.nsily (lots it a p .$) = Z75 Ck- - I —a— Omar., SmRmY S...r vCWC5 YNE0.•% %� i J I - Y W 6 1 O ' .. h l I U 9.937 SF. SI I Id.1 77 SF. •' m� o.na1, re eaN ;; I \' W I I m y4Y. B.n.r., walm+,aM \F1O \ E I — — r`�I MINIMUM LOT RfOUIREMfNTS r MAAVS L '— - r , I `- _A 3 I i 9.300 Sp. /I. R.9ular lols __ „ G 10,500 54IL Corner bls I NW \ d) —n— P ; . ! = LOT WIDTH: y 75 F..; O bunt aulld /n9 Vl INO MAP I ; I STREET —� I I ? _ II ,.;back lino (n0 AGF) � r .,.. p rrA - n lrctAxwr� V I -- £rEFSaN n..ueg. '� t sl cofn 90 f sr loll BUILDING SE 25 R Foe; aar + I I 25 Fool Sid. 51..1 12,061 I - +i 10 Fo Sid. 5 Fr­1 ; Aft-A.. G-9, SFF.0 Hausa I BALLMAn I Nom, .q +`I. I j r p p�j' -•m•�� I _ - T-a+iwEc tr 7'' II 4 ( - - - - 1r tEM(nr I - -: I rB Tv MI I �10, a2P SF. t Ivu¢ w• I ! I pEq U 5 PfAR ( I -• GwLM' L I t' w m I BRAUN r , oA woc 10' >BA VARO -, I I SEIBACN cNaAi 1Y. AREA OF LOT 1' 10,800 SF. �j ,ZIBeSF DESCRIPTION J 3 L �4NJi I 3� el I 'y �Ix •.I I ,L SETBACK J I A I y i ' I 1 P 1 1 Co( JI 1 M 1 Auwra+'s smeorwsron na na, r cm, ^IY ° Ee.tl i50 rul LnreoI and Mat pwf .1 .1 J2 RA-11 + I T� 'K9 E.al of a rn. poro,M wlm and d'alana. ]00 STREET rrRlcaL LOT DETAIL - - - -- J IJS 5 I , (Nor ra saal s. - ' 68TH ASE U NORTH.• — — '� ;— cA4•aa e4:'w m •�•° MIDWEST _ _ _ —_ _ �, a..• r— c e...eia� ^ e ° sn.r Land Surveyors & Civil Engineers, Inc. BENCHMARK . I I� ,f unn.,oi / a / ^ /fi • Io., al u. s/ar. L AS F BAFin eA6 a 60 I I e°r I I I LISA E I O aua -nA• n u b,M b - ur Ww ....r..A } I I r r r •f' .: - 7 - A 7 - - I Reg >SJ•] 0.1. -ZS EASTBROOK ESTATES PRELIMINARY GRADING, DRAINAGE AND EROSION CONTROL PLAN IN THE CITY OF LOCATION: 711 69th Av.... North Brooklyn C. f., MN 55450 BROOKLYN CENTER, MINNESOTA OWNER AN EASIBRLHIK PROPERTIES, LLC MELBA P FVANSW A L En0%AHL I 1::::.'YfrI ..- ,.... SUBDIVIDER: 7221 C.md.n AY.nu. NRrM GARrI BRUAI«ER •���r� S;j! „�; ;;;; Brooklyn C.nl.r. MN 55150 GRAPHIC SCALE — — — — — (651) 633 -2272 — — — — — — — — SURVErOR DESIGNER and . _ VENUE /N E 9,n.. _ "' 69T H A ..e. – – – - 7 cI o 710 Earl Rive Road ( 7 Anoka, Mn. 5 30S �LIL 3 763 7 +e -- •'� -_____ I eREwsrERR I i LEGEND I I _ ' -- I AM RESA A I I D«As C).r 0. 917 anal.: 2 roof Cmlow .Inver •• 1 I r. ! T b,� I �Q P, W AS ^ I ANDREW B BARNNWBE I .;817.0 :. 1 „�L�: { ARMSIRLYIL -910 -- Dmolu 10 fool Lon ow Mlvror tr S I r �[w { s %E„Y-- ...•,. " >.a I I r,ap D.neb. Heave e.. f .. rm.r.,mm x „ „ °t I I i� IP I � 0- Denote. GR, .fn -L____ ' - J — — _ — � 'd Omol.e I ___ _� - . r,.'...I r rY,ry,�< ® Dmol.a sonumy seem uwror. _ — — —I� e, 2 I !! I . � - >i -,� , I EROSION CONTROL AND R • "�L I'I RESTORATION SCHEDULE ® m.ba sfe.m sex.. «mn.r. � x.x. s -. '1 ' r . • • o caAp mR sa D � SE Y 5E I ; I �`' �. rCPa�01t « M NRBEO ,REAS —0 Dm.ba IsrepAmw B.e x I 818.0', i yI• ' � A SEED ANO NULW MsrURaEO , REAS — v — Osnol.a Welmnon � ^ �WABELRKY � " 7 i�� 868.5 - - I \; i ..'-� (.f MIN 1. GAYS rROM CQMMEIILIN Of LRAOxILJ a Dmor.a WRry w.. � f NANSW \ /. —�. � ; I I e.e —III _, M '. I •:- - ; I w. L----- _ - ; - NOTES r �. < 1. UhIIrY ANO SIREEr CWSIRULnON 8Y 0MER5 P ROPO S (em , ..`.a I Lr: z. F ISnNB u urnES MarA Eo r MESE vLaNs -wf I I ARE $IIDMN MM APPR . V rE LDL,BWS 0.NtY y cavMACroR —U ca+r cr coPNER srA rF WE -uLL. VICINITY MAP I _ I I„ STREE A4 <BIS ARE WSIO« LRApEO. /NO SCALCJ PUZaBEM 1 �feu21 (erill .6' ( rl aa.S1 xR¢s.x rnl N I _• EIERSDV n. an +y/� r -- � r I I B OBERI A II` I I I .a 'unt'ry � �E [AR I SEISAC . b l a,WO�c aww EVANSav 1 MfN MG a .' -S' LN A[WG 4 _ I J Irnsmc roN. wet 0 SbEYARD -, II I I �' SE>BAL,r (HOUSE) 6 AREa J I _ G a r _ _ _ _ _ i 2. MBVE aLL POS IS INro nK GROUND 10,800 SF' r �L l J I � I I 3° J tar WrSrlr f[NCE DN ME I 15'q/ I _ I ( �' I .,,/ I - -I I UPHILL S/OE AI MC FENLE eL SEI9 o I I N LINE A10 BACK NU 9 I RA— A - ,Haut I r '� TYPICAL SILT FENCE INSTALLATION STREET - - - - -- I l.___- ._�_____- TYPICAL LOT DETAIL J' ' (Nm ro scaLE1 ,; t 88TH A U ” 'I .. — —'•O1x .. even rur aw n , of Ih �r e.e aa0� rl� In d y Pbn MIDWEST « ` �; a .. >' ae. — — = - n „ a ; ' `wee sr ,:r. wt I n . fn yy St- II ILend Surveyors & Civil Enginee Ina ` BENCHMARK 1 ,.- .r«� f /E '71 ,r [ ., n.� a.r,a eD I I I I I , LISA E I IaCMVER BARIEL eGt_ « i r r r r • I ._ .. r •'� r r-_ .. l 1111-141 r. O e.a+ -.�w. . [I u [eW...., ur RIM1b r ..m. • . . _ .. . I RA, MIDWEST Lan Surveyors & Civil Engineers, Inc. GHOST PLAT FOR EASTBROOK PROPERTIES, LLC IN THE CITY OF BROOKLYN CENTER, MINNESOTA - - - - - - - - - - - - - - - - - - - 69TH AVENUE NORTH 2 A, 4 PROPOSED STREET y - 2 I 3 -- - - - - -- 68TH AVENUE NORTH T'. MEMORANDUM XBROCOKLIW ty or • "ER VTTsR DATE: August 12, 2003 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works SUBJECT: Preliminary Plat — Eastbrook Estates Planning Commission Application 2003 -014 The Engineering Department reviewed the preliminary plat for Eastbrook Estates, located north of 69 Avenue and east of Aldrich Avenue. Engineering staff recommends approval of the preliminary plat subject to the following conditions. 1. The northern 30 feet of 68 Avenue located to the west of Aldrich Avenue shall be dedicated to the public for street right -of -way. 2. The drainage and utility easement between Lots 2 and 3, Block 1 be expanded to ten (10) feet on both the east and west sides of the common lot line to provide for drainage from • Lot 1, Block 1. 3. The developer shall submit a site grading plan to the City for review prior to application for final plat approval. The grading plan shall provide for appropriate drainage from Lot 1, Block 1 to the proposed street extension. 4. A street name for the proposed street, acceptable to the City, must be included on the final plat. 5. Sanitary Sewer and water main shall be extended from the north end of Aldrich Avenue to the eastern property boundary of the plat. 6. Storm sewer and curb improvements will be constructed along the east side of Aldrich Avenue as deemed necessary during utility design. 7. The developer shall enter into a Subdivision Agreement, in a form satisfactory to the City, to provide for the construction of all infrastructure within the plat boundary and all infrastructure necessary to provide street access and utility service for lots within the plat. • GADeptsTublic WorksEngineeringDevelopment & Planninffastbrook\Prelim Plat8- 12- 03.doc II City Council Agenda Item No. lld City Council Agenda Item No. Ile II • MEMO To: Michael J. McCauley, City Manager Y Y g From: Ronald A. Warren, Planning and Zoning X. ecialist f Subject: City Council Consideration Item - Planning Commission Application No. 2003 - 015 and 2003 -016 Date: August 20, 2003 On the August 25, 2003 City Council Agenda is Planning Commission Application No. 2003- 015 and 2003 -016 submitted by Peter B. Myers for Norse Management, Inc. requesting Preliminary Plat approval to divide and combine two parcels of land located on the south side of 69th Avenue North, westerly of Humboldt, to create a newly configured lot for the Earle Brown Farm Apartments (1701 69th Avenue North) and 21 townhome lots and an outlot for a proposed townhome development; and Site and Building Plan approval for a 21 townhome complex with a common area on a 2.33 acre site. • Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2003 -015 and 2003 -016 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. These matters was considered by the Planning Commission at their Augut 14, 2003 meeting and were 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 7 -24 -03 • City Council Action Should Be Taken By 9 -22 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -015 Applicant: Peter B. Myers Location: South Side of 69th Avenue, Westerly of Humboldt Request: Preliminary Plat The applicant, Peter B. Myers on behalf of Norse Management, Inc., is seeking preliminary plat approval to divide and combine two parcels of land located on the south side of 69 Avenue, westerly of Humboldt to create a newly configured lot for the Earle Brown Farm Apartments (170169 th Avenue North) and 21 townhome lots and an outlot for common area for a proposed townhouse development comprehended under Planning Commission Application No. 2003 -016. The properties under consideration are zoned R -5 (Multiple Family Residence) and are currently described as Lot 1, Block 1, Tanami Addition (Earle Brown Farm Apartments), which is 358,945 sq. ft. in area (8.24 acres) and Lot 2, Block 1, Tanami Addition, a vacant parcel of 66,444 sq. ft. in area (1.53 acres). The properties are bounded on the north by 69 Avenue with single family homes on the opposite side of the street; on the east by R -5 zoned property containing the Humboldt Court Apartments; and on the south and west by I -1 zoned property containing various • industrial buildings. The proposed plat would divide off a 34,890 sq. ft. (.8 acres) rectangular piece of property from the east end of Lot 1, Block 1, Tanami Addition (Earle Brown Farm Apartments) and would combine it with Lot 2, Block 1, Tanami Addition (vacant land) to create a 101,333 sq. ft. (2.33 acre) parcel of land, which would be further divided into 21 townhome lots and an outlot for common area. The proposed new legal descriptions would be Lot 1, Block 1, Tanami Second Addition for the Earle Brown Farm Apartments while the townhome parcels would be Lots 1 -13, Block 2 and Lots 1 -8 Block 3, and Outlot A, (common area), Tanami Second Addition. In order to divide off a portion of the Earle Brown Farm Apartments property it must be shown that the resulting division would not leave the lot nonconforming, particularly as it relates to density and parking requirements. This 120 unit apartment complex is required to have 240 parking spaces based on a parking requirement of two parking spaces per dwelling unit. The density requirement for this use is 2,700 sq. ft. of land per dwelling unit. In this case, at least 324,000 sq. ft. of land must be remaining on the proposed Lot 1, Block 1, in order for the division to be made. The Earle Brown Farm Apartment site (proposed Lot 1, Block 1, Tanami 2 nd Addition) will be 324,055 sq. ft. (7.44 acres) after the division, which is within the R -5 density requirements. The proposed new property line will divide off part of the existing parking lot for the apartment. A new parking plan must be submitted by the applicant verifying that 240 parking spaces will • 8 -14 -03 Page 1 • exist on the Earle Brown Farm Apartments after the proposed division. It should be noted also that new B -612 curb and gutter will be required to be established at the east end of the revised parking lot. The preliminary plat calls for the creation of 21 townhouse lots and an outlot for common area. The outlot is labeled Outlot A on the preliminary plat, and is 75,125 sq. ft. (1.72 acres). The townhouse lots are each 1,248 sq. ft. The lots scale 32 ft. by 39 ft. Existing 5 ft. drainage easements are on either side of the property line separating the existing lots and are proposed to be vacated. Such action will have to be accomplished through an ordinance amendment process. New drainage and utility easements of 5 ft. and 10 ft. will be provided around the perimeters of the apartment lot and the outlot for the townhomes. Drainage and utility easements of 38 ft. are proposed between the proposed units, which tie into existing easements containing existing utilities to the west. A 40 ft. wide easement for water, storm and sanitary sewer runs north/south through the site also. The City Engineer is reviewing the preliminary plat and will be making written comments, which will be attached for the Commission's review. The new site for the townhome development will be 101,333 sq. ft. or 2.33 acres. It is my understanding that this is below the threshold for requiring Watershed Management Commission review. At 5,400 sq. ft. per dwelling unit (the R -3 density requirement) 113,400 sq. ft. of land is required for 21 townhomes. The applicant plans to meet this requirement with density credits for tuck under garages, which allows the total square footage to be reduced by 500 sq. ft. for each required parking space under the building (see Planning Commission Application No. 2003 -016). • It is our understanding that the applicant proposes to sell individual townhomes in the development. A Declaration of Covenants and Restrictions along with homeowner's association documents must be established and filed with the title to the property. Said agreements are to be reviewed and approved by the City Attorney to assure that on site utilities are maintained. Should they not be, the City should have the right to go on the property to make necessary repairs and to assess the homeowner's association for costs associated with such work. A companion application for site and building plan approval (Application No. 2003 -016) is also being pursued. The final plat must be given approval and filed with Hennepin County before building permits can be issued for the townhome project. R ECOMMRND A TTON As previously mentioned, verification of parking for the Earle Brown Farm Apartments must be provided before the final plat can be approved. Approval of this application is recommended subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. • 8 -14 -03 Page 2 • 3. An ordinance vacating 5 ft. wide drainage and utility easements on either side of the existing lot lines separating Lot 1, Block 1, and Lot 2, Block 1, Tanami Addition, shall be approved by the City Council prior to final plat approval. 4. A Declaration of Covenants and Restrictions along with homeowners association documents shall be reviewed and approved by the City Attorney prior to final plat approval. 5. A site analysis verifying parking requirements for the Earle Brown Farm Apartments shall be submitted prior to final plat approval. 6. Building permits for construction of any buildings comprehended under Planning Commission Application No. 2003 -016 shall not be issued until the final plat comprehended under this application has been approved by the City Council and filed with Hennepin County. • 8 -14 -03 Page 3 t,�e:! „y'i}: {,,a ; „l::�n::�: •ac; ' . •tii'` e: �I SJ 4 QD RrrrTr F. s < I; S ^.• l .• t,1,y�u <'. ..i$'r"'', 1 ' ' ''"t�i ' ' i?4�.,wri•,lT�;�'r s j�i� ` ?h +'i��`tr`�'� � 't 3 .: V .r. • >.. :u %, isf`' ".f..; "`'ar.' N 3 ;ii'a.. {' V;.tia..�'�';�ciji.,.�;.;;'v i. � I j s•— f°�''}4 , ;sii } "`i, s vy;Siy airy -;E� Yk;�;v3'.r •.T �cf�t.., '� * �f r,...,��. ,y - � - i;{yw f,;.ai.?..SXi_ .Yi.,yi+':v � Y r � l u � I ;, •y 4 n' , St: a `y ir,- � �`ii N 3� �_� 1_�i 1 1 1 1 1 1 z N3 a ul 1 I I I l 1 > Z e— 1 \ n a 1 In n. 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I.,o.ca ;mo ss/I,a 1>4o u./ua - 7 mv, sr,rm xY (Y Z I J >a 1L Z w .n 89TH AVENUE NORTH s �af z as t mw• mlw xaux u. asx .C.I - xES15iPAxnw _ _ _ .m•u'w'F awm _ .... - „e- ,,, rm � i z�ivo sr II[uaml n..va . n...cl I xreby siWy Na ----------- I — uw ua • - --- - - - - - -- ' - --- - --- 1 BLOCK 2 tm �'• - ns:svnnxxl �� T ------ ti_________��___t. 1 ' I I i I I I T , 1 1 1 le�»na auW x. mul. as mow .we. w I ur I ' i i i 1 1 y�,,,,,J� 1 Of a I I J 1 1 I I I STRUCTURE DATA w ' 1 I r�r - l• I I _�___,.�i__! - I 1 I I ,m. xlxlx.e u. -xxn u. 1 � I ' �"$ i � `{•wr x lar a I'� a � w � '� ; �a..w�,ws rs.l xr, I l .lwa rra�� er, ' �, � I : I I 1 -^ J x mrr w'rev�s P ewuw4 n.x. u✓ na .uzx I ' P I :.:' � 1 BLOCK J �1 L rws i I �� 'a�c.w, , m=`w¢ m "°"` ws rnw wax as `am""ap, wa ..Iw..”` ss 1 � &OCK 1 X, 1 I tax a I y J i TYPICAL EASEMENTS •. RW 1 J 1 1 ar s I I LOT L R_ J 11 \ i i I ss•asvrn ""• o+uK „spa TRIP GENERATION INFORMATION 4 -- I A\ ' � 1 wI ITM mauml lawow � — — DEVELOPER = swc x -.w I � x Ilwn O 1 1 ; I I Y M i i nI Hw rt (aq aI-wx, t I PR O JE CT ENGI NEER 1 i 7 1 I i I ° xI." ° "a`i ie sslwu�. am xxo f �� a 9 J II 'I SURVEYOR GG 'a I I I 11 1 11 "< Iw N •„� Q z ' a I '1 I I 1 � �xi xw-x•a rt nw sw ->s., F O �"•I � z RECEIVED ��� _ _ •—•—• s:svcvr�x.m m Y F H OG I”" and a " F/ MILS 0 6 2003 0310! MLS �I PRELIMINARY TcN FOR REVIEW ONLY` 07 CITY OF BROOKLYN CENTER sn MEMORANDUM ` y "°' CENTER DATE: August 12, 2003 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works r 03 SUBJECT: Preliminary Plat and Site Plan — Tanami 2 Addition Planning Commission Application No. 2003 -015 and 2003 -016 The Public Works Department reviewed the preliminary plat and site plan for Tanami 2nd Addition, located south of 69 Avenue North and west of Humboldt Avenue. The following comments are provided for your consideration. Preliminary Plat Section 15 -104 (B) of the City Ordinance identifies the necessary information for inclusion on a preliminary plat that is submitted to the City for consideration. The following information was not provided on the Preliminary Plat for Tanami 2 Addition. • 1. Location, widths and names of all existing r previously platted streets or other public g P Yp P ways, showing type, width and condition of improvements, if any railroad and utility right of way, parks and other public open spaces, permanent buildings and structures, easements, and section and corporate lines within the tract and to a distance of 150 feet beyond the tract. 2. Location and size of existing sewers, water mains, culverts or other underground facilities within the tract and to a distance of 100 feet beyond the tract. Such data as locations of catch basins, manholes, and hydrants shall also be shown. 3. Boundary lines of adjoining unsubdivided or subdivided land, within 100 feet, identifying by name and ownership. 4. Topographic data, including contours at vertical intervals of not more than two feet, except that contour lines shall be no more than 100 feet apart. Water courses, marches, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown. Elevation datum shall be given in reference to U.S. Geodedic Survey, 5th General Adjustment. Topographic data shall be shown for tract and adjacent areas within 300 feet of the tract. It is recommended that the owner be required to revise the preliminary plat to include the above • information and submit three (3) copies to the Engineering Division for review before application is made for approval of the Final Plat. GADeptsTublic WorksTngineering0evelopment & PlanningUanami2ndTrelim Plat8- 12- 03.doc • Site Plan Review The following comments are provided based on a review of the site plans dated July 24, 2003 for Tanami 2 nd Addition. 1. Water Supply — The utility plan indicates that 8 -inch DIP water main will be looped through the site to provide water to the proposed development. Connections to the existing water supply system would be from the existing public water main located within the parking area of the apartment building to the west of the proposed development. The utility plan shall be revised to show the extension of water main past Lots 9 and 10 and terminating with a hydrant. Isolation valves must be added to the plan. The proposed site plan shall be subject to the approval of the City Fire Department, including, hydrant spacing requirements and any other requirements of the Fire Department. 2. Sanitary Sewer - The utility plan indicates that 8 -inch sanitary sewer will be extended into the site from the existing public sanitary sewer located within the parking area of the apartment building to the west of the proposed development. Plan and Profile sheets for sanitary sewer, water main and storm sewer shall be prepared and submitted to the Engineering Division for review and approval prior to constructing public utilities within the site. • 3. Storm Water Drainage — An existing storm sewer located along the eastern property line is proposed to be relocated as part of the site development. Additional catch basin structures and storm sewer pipe shall be added to the utility plan to intercept storm water runoff from the site and direct flows to the proposed storm water management pond. 4. Streets — All streets within the proposed development would be privately owned and maintained. 5. As -built drawings for utility construction will be required upon completion of the project. 6. Owner will be required to enter into appropriate agreements with the City for construction of utilities within the site and develop covenant documents as deemed necessary by the City Attorney. • GADeptsTublic WorksTngineering0evelopment & PlanningUanami2ndTrelim Plat8- 12- 03.doc • Application Filed on 7 -24 -03 City Council Action Should Be Taken By 9 -22 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -016 Applicant: Peter B. Myers Location: South Side of 69th Avenue, Westerly of Humboldt Avenue Request: Site and Building Plan Approval The applicant, Peter B. Myers on behalf of Norse Management, Inc., is seeking site and building plan approval to construct a 21 unit townhome complex with a common area on a 101,333 sq ft. (2.33 acres) site created under the proposed plat comprehended under Planning Commission Application No. 2003 -015. The site is located on the south side of 69 Avenue North, westerly of Humboldt Avenue and is zoned R -5 (Multiple Family Residence). It is bounded on the north by 69 Avenue North with single family homes on the opposite side of the street; on the east by R -5 zoned property containing the Humboldt Court Apartments; on the south by 1 -1 (Industrial Park) zoned property containing an industrial building; and on the west by the Earle Brown Farm Apartments parking lot. The R -5 zone allows as a permitted use, multiple family dwellings of 2 %2 to 3 stories in height at a density requiring 2,700 sq. ft. of land per dwelling unit. This district also allows R -3 uses (Townhomes) as permitted uses provided they adhere to the R -3 district requirements. The R -3 district, among other things, requires 5,400 sq. ft. of land per • dwelling unit (approximately 8 units per acre). DENSTTY The site in question is 101,333 sq. ft. (2.33 acres) according to the information provided. At 5,400 sq. ft. of land per dwelling unit, this 21 unit proposal would require 113,400 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 minimal land area to be reduced by 500 sq. ft. for each required parking stall in or under a multiple residence. Two tuck under garages per dwelling unit are proposed, which could allow the minimum land area for this development to be reduced by 21,000 sq. ft. requiring a total land area of 92,400 sq. ft. The applicant's proposal, therefore, meets the zoning ordinance density requirements. It should be noted that if the applicant were proposing to have a 2 %z to 3 story apartment building, which is also a permitted use in the R -5 zone, he could have at least a 37 unit apartment complex given the density requirements for such a use. AC CF.SS/PARKTNC Access to the townhome site would be from 69 Avenue North at the northwest corner of the complex. A 24 ft. wide private drive would traverse the site in an east/west and north/south fashion. Four units would be on either side of the driveway on the north leg of the driveway and four units would be on either side of the driveway on the south leg. Five units would face west • 8 -14 -03 Page 1 • and are located on the east side of the complex. Each unit has two under building garage spaces and two parking spaces in front of the garages. The parking requirement for a multiple residence is a minimum of two parking spaces per dwelling unit, in this case 42 parking spaces are required. Four spaces per unit (84 parking spaces) are provided in the garages and in front of the units plus eight guest parking spaces are also provided north of the west facing townhome units. Ninety -two total parking spaces are within the complex, which should be sufficient. Turn around areas are provided at the end of the driveways. GRAD NGIDRATNACTF./tJTTf TTTFS The applicant has submitted preliminary grading, drainage, utility and erosion control plans that are being reviewed by the Public Works Director /City Engineer. His written comments will be forwarded to the Planning Commission for consideration. The site is too small to require review by the Watershed Management Commission. Water and sanitary sewer will be tied into existing utilities on the Earle Brown Farm Apartments to the west. The water main will loop the site under the driveways. Separate sanitary sewer and water connections will be made from the mains. An existing storm sewer line running east and west along the northerly portion of the site will be relocated under the drive lanes connecting to a storm water management pond at the northeast corner of the site. Storm sewer connections are also made at the southeast corner of the site to serve the townhome complex. B -612 curb and gutter is required around driving and parking areas except where the City • Engineer may approve surmountable curb and gutter immediately in front of the townhome units. Thirty -eight foot wide drainage and utility easements are provided on the north and south legs of the driveway and a 40 ft. wide drainage and utility for the north/south leg of the driveway. These connect to existing drainage and utility easements on the Earle Brown Farm Apartments. These easements are to be filed with the plat for the project. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This 2.33 acre site requires 210 landscape points. The applicant proposes to meet the landscaping requirements by providing eleven shade trees (Bur Oak) five of which are located on either side of the entrance drive, two along the south side of the site and four around the pond at the northeast corner of the site. Seven Black Hills Spruce are proposed, four in the north green strip and three to the south end of the site. A total of 23 ornamental trees are proposed, 17 Prairie Fire Crab and six American Plum. These primarily are proposed for planting areas in front of each of the units. The Prairie Fire Crab are proposed for in front of the 12 townhome units facing north and south while the six American Plum will be in front of the five west facing townhome units. The additional Crab will be located at the entrance to the site. Coniferous shrubs such as Hughes Juniper and Nigra Yew are located in planting beds on either side of the entrance to the site. Perennials, such as Little Bluestein and Pennsylvania Sedge are also located in these planting areas. Perennials such as Prairie Dropseed and Little Bluestem are interspersed with the decorative trees in front of each of the units. Arrowwood Viburnum, • 8 -14 -03 Page 2 • Hughes Juniper, Nigra Yew, Saskatoon Serviceberry and some Red Twigged Dogwood along with perennials are provided as well along the north/south leg of the private roadway. The site shows a mixture of sod and various seeds at different locations. The areas north, south and in the center of the units themselves should be sodded while the seed mixture might be acceptable around the storm water management pond. The total number of points provided in the applicant's landscape plan is 210.5 points, not counting points for 280 perennials. RT M ,DTNC"T The applicant has provided building elevations and floor plans for the proposed townhomes. The front entrances to the townhomes show a small porch and double garages. Dormer windows are a prominent feature within the gabled roofs. Materials are not called for in the elevation submitted. The applicant should provide detailed information as to the building materials proposed. TR A 4H /1 ,TGHTTNG No central outside trash area is proposed. It is assumed that trash will be picked up individually at each of the townhome units. The lighting plan calls for eight freestanding lights located throughout the complex. Two are proposed along the main entrance drive, one between the northerly set of units and two between the southerly units and three along the north/south leg of • the driveway including one at the guest parking site. These light fixtures are to be a cut off type to direct light down onto the site. In addition, wall mounted light fixtures would be provided at each of the entrances to the townhomes. The applicant is platting the property so that each of the townhomes can be sold and the common area would be owned in common and maintained by members of the homeowner's association. As mentioned with the preliminary plat, homeowner's association documents will need to be prepared and approved the City Attorney and filed with the title to the property. The proposed use is a permitted use requiring site and building plan approval only. No public hearing is required, therefore, no notices of the Planning Commission's consideration were sent. R AC OMMEND A TTON The plans generally 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 of 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. • 8 -14 -03 Page 3 • 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 release of the performance guarantee. 5. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits. 6. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 7. All work performed and materials used for the construction of utilities and curb and gutter shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 8. All driveways in this complex shall be either blacktop or concrete in accordance with the requirements of the City's Zoning Ordinance. • 9. B -612 curb and gutter shall be provided around all driving and parking areas except where the City Engineer may approve surmountable curb immediately in front of the townhome units. 10. The building elevations shall reflect the exterior materials to be used in this development. 11. The homeowner's association documents proposed for this townhome complex shall be reviewed and approved by the City Attorney and filed with the title to the property prior to the issuance of building permits. • 8 -14 -03 Page 4 4 - rn`�� C ITI I 1 1 ELI 1 1. .M:i .�Sr�C •..:!• ' ?i'y:'•'.ti ji•7• .a :I�•• . r, r.�A t:��;ri.•e s�: �" � j w *- ys�";.= � k .. y .:fir ���• ;�;;f � � N 1 p ��l � i� z l � i N3Atl , It',1 c Il d tl 1111 b a. MCI Tm l g i c " I �..�.� —�^" 1 'rA���•�,t+ul�it; s tF ` ��rii+li Vewn -IoewnN 0 0° LAMES CIR N. z A fllfil m 4 a° NMOae Sava CN --- - s + _.��� i ,d ;"V:� a � 'N 3f1tlS3Wtlf T I� IT, i'a: LA . _ " 'N0 IWWl13 riTm O 1 Q' LL, � fi x' k •". �. gam s1i� ^'i FGi :` '1,. 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't^ fl A 9 = I = 3 ` �+N»•s" x �' � d - A 'A. Y { *`1 46 tal '' - m.. . �`•+;► - �'"� -w s fit.. 3 p �£ �"' - ' � .t R �,t� ,.� > 'o ' `ter KI moo "'£�•..T9�^s , � - Y ,,4', L` �M1.. fir*: s olos Kof t Ott+." ICJ S ,t. , . N OW � µ q } f ! t .�- ,R x 7 tx w aJ c 1t ii �i 'c ,: . f ii 3` rf2 n s Al A t gg- Ion w r K a _0 c sasg t" too Y -77777" 7,17 , , 5 2 1 x CAN 'l i r ` n its, v^ MA '•L*a %wee M f,,.✓``.�. x �+... E.�� a 1 3 A ,+ we* i ra TENAMI 2n ADDITION �Ta� womZm� 0 1-1-.1 '� m"` N K Z I J 11 ? w7 �;� BROOKLYN CENTER, MINNESOTA Y M?N 2 W IVbIg1IN11G4 - I �.>, •.11N, � IAN , plm ap.anlcotpn,a 69TH AVENUE NORTH DRAWING INDEX VACINITY MAP Cal COVER SHEET C+ ___ elaM r— -_ - r______. -I, --- ..• �• �� .1 E TINGCONIITIONSI —N SITE O _ „� + °:.`� r> ; 1 I ;' ,S .•. n �'�^' . NT L PLAN l _ _ _ _ - - _ _ _ _ _ 1 gwg , tme'at a z 'T3`• °mss . 03.1 PRELIMINARY GRADING a EROSION CONTROL PLAN - _� _ — _ _ — - G.ARY UTILItt PIAN , 1 PRELIMIN 0 PRELIMINARY PLAT 1 III BLOCK 2 Cet CIVIL OETA03 1 ' r - - - ` T ' " ; -- ' I, +11-- ________ pt� cez CIVIL DETAILS 1 1 f 1 I •`gym+ „ €z'� :,a+n”. °• {¢� 1.11 LAN0.5 I CAPE P 1 1 ILOT1 -T� iA IANDSGI j., i -:.. .Y,a ?. ;•. yr, ` m 1-2.1 PE DETAILS t��.yai`m,n -U t ate„ T *•.t..•.:•• CITY OROWttYN CENTER CItt HALL I _ _ _ _ _ _ _ _ _ I' ,, e r y..: _P� +x 'q'- ., i}•,' �PBr II 8301 SHINGLE CREEK 1 , 1 _ - - _ _ ' h Iko a , , Pe9!4.9 PARKWAY P i g y SROOK1-YN CENTER, MINNESOTA 55130 ' T _ _ _ _ ttM 3.. .t PH 76335SJ300 1 , I IGT SI Lm ♦ ' iy� 'ice arwJ _ 1 . p 1. 5 G 11 Lo I , � mr r DEVELOPER a c I P II 'I LOT a 1 "� II I I�'BLOCK`� KPMPROPERTAS T T. A S SMITE E -1]10 4 f S ] MINNESOT T. PAIA, MINNESOTA BLOCK 1 W eI M p PH ]8512a10351 FX: fi513913M9 1' LOT 1 11 I IDi •I {OT > I , �r °I Y f MM�� ' n •x ": , c _ E � 4a ENGINEER 7 I F GREGORY D. MOWS 1 1 PIm.RRADESIGNASSOCIATES, 0aG Im a ]300 H3OSON SLVO„ SIXTE 320 V _ - - - I [ OANDALE. MN 55125 , - ' � 1 I f 1 �� °1 I P H: SN]39 11131 F)C'S51]JSDSIS Y I, , lot Ij Lm II�DT II Lm ly � ; LEGEND w ^°• SURVEYOR' I ■ EXISTING PROPOSED _- 11 D 'g, ;�I ,I, l — �•rorrenwle j -- LOTSLgVEYS,00. L I _ --- _ - - -� t] •aElmc m viEANwuE i -- 7601 ]3M AVE. N. - l — — rtO YN PARK, MN SSUaa I_ - - -_ Sss 5roi'w amW x • I -- PN]S3 --3 FX:]OJ 560.3532 11 I C_- ]I Iglu _ O • F ? -- LEGAL DESCRIPTION 1 P i t Y cow • «r Kau. ` LOT 2, BLOCKIAND THE EASMRLYUMFEETOFLOT1 ,01-001(1 I li © N •oExoiEa core wLl2 g ADJOINING SNOL0TMLWTANAMIADOITIORPERPLAT GF II 1 - e.m._. * a _,_.pEaorEa wnrenuriE x C RECORD IN HENNEPIN COIXAr, MINNESOTA 11 I'I - u.. -• r — a— •1>EwiEa enrxrAaraaKEAEaR S Q 1 \ - ,. -,.. -. LIxE iti»— •OEtarFa aiawaLxPAIgE 5 I'� i ..� a>oa,Palro�•rova �.���o PWM� A 3 a I o I'I x ON I Q 07101 ' °• SPF /MIS TGN NOTE: COUStrUctlOn Drawing For Information Only. Not A Record Of Acfoal Comtn doD. "°'•' 07. N e a FC0.1 GENERAL NOTES (* - — — - — --------------- - - — axo ax nr 1"w 69TH AVENUE NORTH xrx«- mz— a- zm.-- «-ar»� . . ............ LEGAL DESCRIPTION ----------------- I � -------------------- --- -- ---- -- - -= ----- -- d - ----------- ' I u,Ea R PMSEt mr B Ixl,xxelx s r. (2 us auxsl " yy y (»� ' tt I 1 w,.,• '`. " — __— ..:x. .s,.r• ; �i ; C'3Pi°ksx•.- _.. -".> `� ,.v °'4°' , � "° .16"FEwc 'a . `. .� � � 6 � T z I I I \ ea».wus� ! .. 1 � law. w i i I , " �— IM W 0 PND c) gs 1 9 HT 03101 vis SPF/MLS �I PRELIMINARY TGN FOR REVIEW ONLY 07.24.03 of I at 3w o _GENERAL NOTES Rxl�axm tae n wnmv:r6e swu coxrAn •wxnEx srArt ora wu•. xxo aaseass wn xw6e ro cwAnox Av6 /w cayslnwarax, Fw unur Eoun nxw cwES MOOR ALL 16s0 F .N -Wax rOIL -ExE6. (eWl i5i -1166: OR ax-ua Ai. vA.60FIn6rA1EgIECAIA OIIa W .- x. wl c6xsTmwlwx swu Wxr6xx ro xwxxwrA 66nwlaExr a mwvoxrAWx W o °' bAiAUw SPEnxI6AR0a FOR 6galwingv'. 36W [DwMI E F � � � SaECiE➢� wq WnfT Sxat ff WNGaIE x00a® SWUWx1ABlE uwE56 aI1�Wl6E I— N �(] N O o . x1 qun6Bx6 ro Ewx: aF nw0 ew65 a1KRYRf 6vEnl1lT. � E�/i 69TH AVENUE NORTH (D w ro wwm .cross oancwArs d' Z I w1aENAT APRgI c mE WxnW:rW oust oerAw A xFNnl Nax VuN6 xlexx6 a Wx6rPWxax wli dWx � E W ¢ � � (s¢ sla6r cart Un ax66rs. v6Ewuxs oR waE>x � � a �-- -- -'•_ °_— �;�._ -, -- ] 1AVE ­T ff TAR& aW16 Wx6rw1[[nnl Ilq fxwYAlxlx r0 PgJ2d A,, EawLT �- M ti S X - L1 As - - -- - -- - -- a B.sruxE Fa vrt umur a mE wum rxmwn urlr. wsE aam rs mE swrx vs Fesrr_w.naw —_ -- --- IN. c «Wy aW axx µ< ^y „ g , .. , „ •� - _.:.. .,. , s R. awe xEroexs , m xxnxwnx.W m aeelllBw a wWxc sv..xx v �xp..xmolen a �'`I y. �' *�fSrs�t'=,'� «,e �'': "'��'' •� SITE DATA & ZONING REQUIREMENTS I' ir' ... .. 's " "s,' =w� , :,= ";b,'• '� � - •wlnvle rwu xESmKE asrmcr• .: ";,•;�;'�,- ;��'.�„:,�;.° i- .� W ReaROxa - •wxnx6 EArEr R65BOaE Bsmcr w« w w AREA .gq i IVxcc 'A .i si -LOT ��� ":, 1 - LOT .1 _+- mv, IW.J.1x u. (xv Anal) - I � � a x SflB«x efWMx10115: • ___ ____- 1 ' .T : '4- _ 1 n _, _ `sxxourt aw xi' 1'r � � • a ,��', eRarasm ewuxc x v.cES/Uxr . e . s6 vcES rne•arm Br. ^`. x e6�xro:- nR..6waTUl• e p,'.`Sq= LEGEND !� ,. Cx TRASH ENCIOSURE �\� L0T',1• LO7 ^2- LOT 3_ LOT ��, — �s`�l ". ` �"=T'' y,$ y�'E�T�.� .,� :•a s-i t "� ''� LOT 5 « LOT 8 LOT 7 LOT 6 LOT 5 `! LOT ;6 -' 1 is —_ LOT i7 LOT r LOT l0' ,,� %-• LOT �9 _ a `? LpT -13. LOT 12 LbT_il - -?�,, .' ---- .•sA� QV' IR A 5 1 i 4 03101 ' " i° � SPF/MLS 1 PRELIMINARY " rcn 1 FOR REVIEW ONLY I I 07.24.03 i I 0' 30' 6a' 90' C2.1 NCTrclll LEGEND EXISTIN PROPOSE GENERAL NOTES 0 0 0 69TH AVENUE NORTH T . ..... GRADING NOTES 6== R . 9.3 fi Ell LbT 60T 2 T I ------ --- GEE= -- — PLOC K l I - LVT 8 -- el, PvT ,'6 i x ,,,, ..,: w'[ ."'[mua°W"`� m Pmtw sw.mw, f — — + LOT M LOT;7 CONSTRUCTION SEQUENCE LCV 1 8 0 7 I/ \Ntm \`\ m I 9 � ° OT 13 a 50.M 00 G.. 49 Y TEMPORARY/PERMANENT SEDIMENT 6186 a v CONTROL SCHEDULE, 20 N N 0 0 rti.wxn R- — ol w 0 ".-M= K 0 03101 SpF/mLs 11 PRELIMINARY TGN FOR REVIEW ONLY 07.24.03 W WKI [1 GENERAL NOTES aW'[0. awl alARl mxul SWA � �'. 4D 1YSx[5[ w,. ewOx m [II.v«Ipll .'W/al u� �o �� w u[cuwi "� lap wsmx m[-mc WW mnlK �— 1a� . R T� ff 9A M OeiF a wt E ..Mma[ ° [o. ec w w», Iff siuw.a ffa E.WW( Lo N 3 m z o) o 69TH [ AVENUE NORTH « o w UTI NOTES a z w •- ' a e..Mroa,4z.a Rew, wxs alx `. RS a�s 1e � ° '. °°0O4A " � w�SPW »)4 AfF116MV MM mNm.tiRlF.aFFSawM Wimnm a- ( �_ V [sxnr u w � .Ww «artanrnm...n°L44IX`0uan.i R[ L 0 � � I M.adl arl Mb ���. Tr _ � �� � � � � � I �rWw arc w.) K aar .0 a.lrw caxmoE Wax M •IW.mA 'F°� ________________ 1_L_ a�' - ______ 4 xu ip RR m[A x.po[ P.pff. _________ T _ _ __ __ ____ ___ _ __ _[ al[W.cKSanr uyw.b aW � - 4fi.3 nmet T� .-- - - - - -- _ _ I_ +kSaawelE m[ «n M9 w A9Ww. Ym. ro .®I)aw I I I ' 1 1 s ' 1 1 I ' max w v .0 Ou'ss .Iwars sw.mc. [a M 4wml® Wun �rtw. xa m,u Rd...6m1 I F 1 1 I I I ro 3r off I � _ I u w ----------------- L____- - _ - _ - - -1- . I ', MNa )KCmisn[w65`ff"ammM.15ER�YFaN(`n KWVasm a'as u4tl.r, a4� Uu ' '2FSSeF }�o.d 1 11 1 - «o mxla.a .w[ W ror a a[o[ r.,twn a _LOT ;3 x LOT - 'R ' .I.'a %R ooaWSE a.a rta.x. R4. arr4. ro Wow wE. uW.ss �~ �" l i i F L07 1 zLOT ,2 1 ' L ul uv Po n 1 � 1 u.Ei Wan[.c Isnnmdt ff W..«loui F.aKm xxo/.. cace[A awe uw Wnvl a 1_ I I � S rhl )1X11 1 1 .w� a w ` y a y x�4 ao H� � [�Wrs I k I�wts� ro Exm'w s)ariu.l, � fi I 1 w y l'O[ t°W.ml o I I 1 41 ; ; I . r mx p� Y`•)� n I�z axa.cla ««([ w.Ar ..wW W ff) s axr [.ql aa. saP ff ,u awoao mm.[w am fN�����/// Y /' 1. m " «� ` 1 �' � � s � �) m� 1 � °x wx � 4 a wx�� oa..,n4.wa • , ' sd uw1°° uWAi�. I � » • . I = ��,.;; ' mwWEO w x �[ [. W. KmW 4 : � a,,,m n m.E�Wr ' � d I ' " ' i n.W.a E4Kv4MWaa i LOT 2 1 LOT _J I LOT 4 1 L I 1 I [b u, n• �-¢� ..m.... I j'F mn"uw ms'F�"a an. alac.,m .aeR .o[[ s,w. x r.44m .1a [arum .r [Ka .a.m � 3 1 BLOCK 1 I 4) u. r sw um �i_ LOT;5 i a/ a a e[ .R WsrWUO m [w [.ua I I 1 - I , 11 I i LOT 7 ----- LOT .6 - ' ' - - L`OT 5 y I I CONSTRUCTION SEQUENCE 1 LOT 6 ' I I CTII as aa,.xeWl RxxlA ts( mwu @ — — � l iI I I l i.W 'P" - ' .rrox 11� r Hann i _ __ _a': Sawa en."'o mauE4a __ LOT !7 � I r4 ww �. M�w�a ` ro x" [ w" e 1 tlI � � � � - �� --[ I I iw"`m n rn�xo o m,uem m[s a oaw «m .m sa slaa W .caw•.�a .a � — — LOT I I e[al wau. camKClu. z B v I 1 1 -+ I 1 1 � � �wro9n apu art .va Rw.s wewlm Kr [[n[K .w oEa Wu5 ua r.w F r. w aa,pa>f.E 1-�I 1 `I[ LpT 10 , LOT ;9 il II MATERIALS tO+ F LOT 13 LOT 12 i LOT _ 1 r W o .E.. s am Eas I -rl I ' ` w� - , uuyy i s4 aavwrs . �, . ac €". E F - - -- w�'S � � OxCWt xLll .l. M n � x�- BLOCK 1 uw`z"1[u_a« 4s: mF -- i p � re ua j---- ----- «WwA wrtav[ x.m�[ N a Q aro(K 4wlax; RS.om 1 �I -- -_- -- - - -' � i • r 4 .`« prtp '�wI Oz 3 4 m.a»r ., 1 i i ��•— »Iv - �__� -- cOx[BWC.eMe.� LEGEND PRO -A I i� 1 _- -- - - _ _ - s.[wc[ ws w »• e.0 a E xIsT i I I Mtm [ 6 aWa4 SV[ — vc 1 i i 1 - sW. U31U1 SPF /MLS € PRELIMINARY - -- ' rGd 07.24.W € FOR REVIEW ONLY W».xW[.w.�e ff � i ;� p• ,�. �. 90 . _•.- .�W.W.w,.w4. € l '1 J I C4.1 F N()1:111 0 -6 :2 1 0-£I6 CURB 6 GUT TER 11" .R F 1 f W O w,U � � — = —.. �.;/'_ : ?�� 1 vn , / 1 �i 2. �• l .\ -�i L,x '. . __ .. _ ?'aduay F ¢ ,n u� I +`� CL su m T/ r,w...c. ,v cl,:xw ..a.. r.M ,se w c c�-,:..,.x .,,,o - cv a SURMOUNTABLE CUPB S 6llTi'cR � F/ \ { %X � � CL CL i d X 2. l� j - � •� } •. •." • ••• rxe[ a, Y[4RIR IRAIIaIE .�' >: �.� - :,_.i` F , x %�,, 6 fi � � ' ` -i , - -;., ��.. i � ` i rx rooi WN.r m, � " , �.r • `_ _ r r r » — - ;.: ,_ y am aE1ExnE rNRC lM r ARIa® CITY OF BROOKLYN CENTER_ CITY OF BROOKLYN CENTER_ - E rsys Ix: al 8 -612 / 6T 8 SURMoUNTA5LE H w7E Iwg:eiv: tLgE ' CCNCf.FTE CURB AND CUTTER 1 4002 TYPICAL DRIVEWAY I — aMC 4005 *. I * �I I <nna I TM� R R � ' af0E5'FI�N Y R i �l . PAVEMENT SECTION �' d v Ro arxR Ro xva � C � RoaWa 11039101!' E I/aFCRD ..Rd MA tRi1 RRE.1LL M[1 "r N ED iY/NLL ERRED I®NR RWL E WO[ ) � —� Rauh M rrree 9Fm11roE a aralc rEnECM Iai911 m M RR s M e —_ _— E1:L�YID � � MO M 911RIE R flrl IELffi1M. M IbIFC R1EL E F � — 1E T9R�YEl1 ENYIi�EK'H sPM�1FlY � M KGf V M MEQ. E � — SF[rEllr OW91S Rf,11I19R R RYL MFR M ET 1OICE a RRR � �� RR94 �� S a11EE E 01E99ID m M1IM1 RIM M fRf1RR [ E fWla R10 SrV R .0� o r RRONC IfR M f>CMMrm LLL •� , -1/r cauo9 tirxaeE �r,� � ,EF1oE " � N 5 O a99RaF.E raRx • j i rEE EVm � ��Ox� W 99,R,R Mt4 , 0 Q Q > tF+PGFm� [3 �✓ °°"' miR ARr 6 "'R" � r.9R 03101 ' [`~ SPF/MLS & arry TGN rI ' 07.24.03 /s ROCK CONSTRUCTION ENTRANCE r.\ SYNTHETIC FABRIC SILT FENCE ) F 6. • • • xrrawc.< rKa. «a t .« _ ri'� .w< m ' We u ±orb ...w fs A a- - ,m 0- X7,77T 0- S'n� A IT VI 0- A avco L A A --m 7 F - :.e6 urteM �U �i ' .]� \ � Y I I T^ r r• 1 � � � ww �iwc�� OC,IJY��Il.�l} � <�4- h I CITY OF BROOKLYN CENTER CITY OF BROOKLYN CENTER_ CITY OF BROOKLYN CENTER CITY OF BROOKLYN CENTER qfS TYPICAL SANITARY 2! STANDARD MANHOLE HOU MANHOLE TOP SLAB 20 0 2001 SE SERVICE 12, SANITARY SEWER I PLASTIC MANHOLE STEP a L Ei� cuss c Fl %E eeomra � c c rt I i O I it � —_ —_ zff 01 / ' PLAN A 'T ------ it win AR -: 7 r ­PMA-A ......... CITY OF BROOKLYN CENTER CITY OF BROOKLYN CENTER CITY OF BROOKLYN CENTER MY OF BROOKLYN CENTER 03101 FLARED END SECTION gt't'+. BEDD NH AND RIPRAP 300 CLASSIFICATION C CATCH BASIN MANHOLE —3004 STANDARD . —3ool SPF/MLS TGN 07.24.03 \EV2 0�2 J'N.2 Of g 0;� CL :2 o- It F'S WATERRAW IIIIN Ra CITY OF BROOKLYN CENTER CITY OF BROOKLYN CENTER may, xvT CI TY OF BROOKLYN CENTER - WATERMAIN .. BLOCKING OR JOINT RESTRAINT CITY OF BROOKLYN CENTER tool. HOUSE SERVICE FOR WATERMAIN Ioo3 RMAI STORM OR SANITARY SEWER CROSSING CONNECTION IOQ5 ."STORM OR SANITARY SE CROSSINGI looi n NOTES- 5. D-d A-A t. b. —d. 1. (1) PIECES 71" OD. All -.t. 1/4'X1• RAT 11 4" CONCRETE TE 1 9. BA. R AY�,�,'a T V St. : y c st.W.. Bdt. With --d ft— GRA TYPE I TE t 0 DATE VALVE BOXES .=3 'k." . . — 15 L i - 11�1 RIO— (1) 1/4� STEEL �W -j . S!- N P _ EW I. TO al (5 LIH DETAIL A_A , �4 44,00 POND NWL=842.75 jc t.- HVWL-844 59 0 Y it Z fx 0 ILL MIN Pm�-Q u _840.00 CITY OF BROOKLYN CENTER 18 LF 18' RCP 1 27 L F. 12' RCP . max yyy c TYPICAL GATE VALVE a Box mm CITY OF BROOKLYN CENTER CLASS V Q I. .—IlhkG% CLASS V 0 LOX 03101 ol ' INSTALLATIO N 02 d = SPF/mLs ION TYPICAL HYDRANT AND DATE VALVE M INS I-ALLATION lool P .... J i Y i 1 ° r TUN 07.24.03 OUTLET STRUCTURE J'N.3 BROOKLYN CENTER LANDSCAPE POINT SYSTEM LANDSCAPE MATERIAL SCHEDULE an mW wsrxmlwa voxrs x a REIX— -A, s n) on) Im oESOXVnox laxc/cao.l rnwpTs u sNAa mtts no sax > mlamous xxECS u mx DECIDUOUS SHRUBS w n oECORAns[ m¢s xa s Ins yymw.ap0 NelxaluN xa• N ° a ;� W 9WOB5 N Ixlr A IV9ANIW gMIAWY I [ONT. 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Y1 AREAS MrOx8E0 rRW cONSIMICIla1 AOONIIES 91ALL eC RFStaEp W PIBERS1Wt C 1 a[- gOLL -YWF SmW a SW SNALL eE 0.Aa0 ARa%m BAC% 0' Cam WALL — — p b • __ N 5[EDED AREAS Azw Ai INE exff a ALL RGx[xIN aw}t BEIAWWC WALLS. € —_ —_ [• Irn to A4 rW AMwS m E wWArt0 wm STRxY AXO Rpiw1 xfA05 (LNORAV[ — �- . ,g coxmACWR slAU mawEl 8 — — __ k s� �nnAlllmw ems 10 MAK ORw XBdOAnON SKIFLS (LAWDSCAr£ COramACiwl Sx.Nx 4tx / W m lANDS[APE CaamMtw 10 YRONOE SNW aIAWWC AHO CKQ %Anal 6 WACAimt1 e ! 1 I BKip Pgal 10 WKHASC N1p WBtNU1Nx1. I ' � `I` 1 11 XRESFAIE ENBMC InFE3 lW[RE ryaS191E - ' ssn%Y Wm uxoscAl><.wwrECr sxWSlcar m¢s W eE WwoWn. g t �•� GENERAL NOTES � � �.a '• I. caxlwcraR vuu axn�cr toms sort aR cWA•. Iwo arse xs aK WXw m s � 0. auvAnax rro /oR cWlnxtclM Tal unnr Ioc.Nlws. rxx arcs rcrRO wea Iwll � t'� F -aoox rruiRm. 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RECEIVED � «I� 03101 ppp PAAIR[ SEDGE NEADOW SEED DI% I IW € °vi° ppMIXTURE RE 25A a001F1ED Ilea) SPF /MLS 8 PRELIMINARY~ TGN DRY MIXED-H H mmo O MARE SEED YIN j 4 FOR REVIEW ONLYI € 07.240 MA Nl %NRE JB rxDIXF1ED (3Ba) AUG O 6 ! 03 A w- I LIJ CITY OF BROOK +_YNI UkTER x twr wmW w w + w�m pf v 0 7 z w r ia�m 1101 s. ° �a wn« 0°w � a o.� me m n wee I ,,� W°•ca W asmu�wl � M � a' I "-"l T - 7 - �PLANTING DETAIL TREE / DETAIL - CONIFEROUS TREE r DETAIL-SHRUB e.rw,®� W»a7 "'° r w w.W. a m.s<r.n '.cf u d zZan FT. "" M :71:1 Mr -- STAKING DETAIL TREE STAKING DETAIL 7TREE WRAPPING DETAIL (PLANTING HOLE DIMENSIONS TREE PROTECTION DETAIL , !L',/75 MM (3) CALIPER OR LESS ro um 075 MM (3) CALIPER OR MORE rm. :L 1 0 W E- o r. 25 0 m - u - = _ pox N 4 ,=:r 0 ON 0 03101 SPF/MLS TGN 07.24.03 UOUS TREE GENERAL PLANTING NOTES GENERAL IRRIGATION NOTES 11 roam P LANTING DETAIL - DECIDUOUS FL2.1 SIDING WILL BE LEFT OFF OF THE HOUSE 2 COURSES UP FROM THE BOTTOM OF THE HOUSE, 3 COURSES BETWEEN THE 1ST AND 2ND FLOORS ON A 2 STORY, WITH NO SIDING ON THE GABLE ENDS. SIDING MATERIAL IS SUPPLIED BY NBS AND FINISHED ON SITE BY OTHERS THAN NBS. [TII [I if El H� six wo mo - - L G - - i. - iin war m l ll�'�. ®; Fog DATES oORIG INAL PLAN � 1 ® i 06 -16 -03 GARAGE BY OTHERS FRONT PORCH BY OTHERS GARAGE BY OTH / / PLAN FRONT PORCH BY OTHERS GARAGE BY OTHERS FRONT PORCH 8Y OTHERS REVISED P 06 -26 -03 ADS RECEIVED AUG 0 6 2003 CITY OF BROOKLYN CENTER k] NORS - P -1 BUILDING SYSTEMS 1100 BARNETT R0. YSMITH, 191 54848 FRONT ELEVATIO NORSE GEM ENT OOOft79 OB -18 -03 1 /B " -1' -0` MN: # # ## I BROOKLYN TOWNHOUSE SE FONT FLEVATIC)N I _ENT Al M 11/7 I00 J J" U L MF1 EIF ,n Lj iLj! - ,,. m..v. m� \ I I I �� � i li � � 1 �� I �� a ��`. � � \, - ORIGINAL PLAN c ale 06-16-03 DATES REVISED PLAN 06-26-03 ADS 8-6-03 GMB Iq �1111 l I I SIDING WILL BE LEFT OFF OF THE HOUSE 2 COURSES UP RECEIVED o R s iEi FROM THE BOTTOM OF THE HOUSE, 3 COURSES BETWEEN THE 1ST AND 2ND FLOORS BUILDING SYSTEMS ON A 2 STORY, WITH NO S�D�NG ON THE GABLE ENDS. AUG 0 7 2ov 1100 BARNETT RD. • LADYSMITH, WI 54648 SIDING MATERIAL IS SUPPLIED BY NBS AND FINISHED ON SITE NORSE MANAGEMENT BY OTHERS THAN NBS. ELEVATIONS - MN:#### BRPKY�W LEVATI 0 N S 12/7 100 • • i I i LIGHT & VENT SCHEDULE TYPE: DOUBLE HUNG MANUFACTURER: NORCO UNIT NO. SQ. FT. VENT SQ. FT. - 32' -0" & CLR. OPG. DAYLIGHT OPG. SH 2436 -1 1.61 3.89 SH 3666 -1 5.84 12.80 SH 3666 - 1 VSPD 5 /0X6 /8 SH 2436 - 1 SH 3666 - 2 11.68 25.60 VSPD 5/0X6/8 12.93 26.59 LEAVE OFF I g:;:: FIRST FLOOR SQUARE FOOTAGE = 631 LIVING ROOM ISHELIR -11 ONI ,�, ® I I Dw eu �4 SECOND FLOOR SQUARE FOOTAGE = 952 ° ICEILING FOR ON 13' -3' z 14 -2 I -- 1 - --�-- i Ati' TOTAL SQUARE FOOTAGE = 1583 V 7.56 L 15.12 (SITE UPSTAIRS I _ (PLUMBING I I I. 6 to - NING z I - - a REF., RANGE, W /D, CARPET, ETC. SHOWN I 1 v s.24 L 10.46 I I ❑ 1 z' FOR LAYOUT PURPOSES ONLY. THESE I 1 I :❑ am �y ITEMS ARE THE RESPNSIBLITY OF OTHERS - za 93 THAN NORSE. SEE NORSE STANDARDS. I c I 1 I i KITCHEN V 1.84 L 3.68 xml! JON —� * *9' WALLS 1ST FLOOR** R14 REF. r wm„ 11 4�.,�fl - TOILET _ m " CE IUONG m D IY 41 N P ' I L"E55 EEw u �: DATES m Er.. cExn ro i, ou v ORIGINAL PLAN GARAGE BY OTHERS sou +� I_ 06 -18 -03 c 1 REVISED PLAN 06 -26 -03 ADS J/D M68W /12" ES33SOTL RECEI C FRONT PORCH BY OTHER`. oc AUG 06 2003 OPTION z CI TY OF BROOKLYN CENTER 9' z 7' OHD 9' z 7' OHO � T 0 YZ s E J BU SYSTEM 1100 BARNETT RD." IADYSMITR, N1 54848 NORSE GEMENT 0 FIRST F LO A PLAN. M �C 1E47 8 -16 -03 3/18 -0" { MN: # # ## BROOKLYN TOWNHOUSE FIRST FLOOR PLAN 14/7 100 LIGHT & VENT SCHEDULE TYPE: DOUBLE HUNG MANUFACTURER: NORCO UNIT NO, SQ. FT. VENT SQ. FT. & CLR. OPG. DAYLIGHT OPG. 32' -0" SH 2436 -1 1.61 3.89 31' 83„ SH 3666 -1 5.84 12,80 3 SH 3666 -2 11.68 25.60 SH 3666 - SH 3666 -1 VSPD 5/0X6/8 12.93 26.59 r FIRST FLOOR SQUARE FOOTAGE = 631 SECOND FLOOR SQUARE FOOTAGE = 952 csso j TOTAL SQUARE FOOTAGE = 1583 �I BEDF'OOM / 3 I REF., RANGE, W D, CARPET, ETC. SHOWN o I n v 5 0 L MOO m I FOR LAYOUT PURPOSES ONLY. THESE I I I ITEMS ARE THE RESPNSIBLITY OF OTHERS BATH 2 0 I THAN NORSE. SEE NORSE STANDARDS. - -- I BEDROOM I1' -2" It 10' -9 g I C I V 4.88 L 9.76 VBTD6o I ?� a/o OF r I-1 2/e z/e z/e � � II � I L_J � - - - ' AL WU2415 W-0. 8 — lie m MASTER B N BTD42 VBTD42 a V -- ®� ® O �' DDATES PLAN L----- _ - - - -J 06 -16 -03 m REVISED PLAN MASTER BEDROOM 06 -26 -03 ADS W.I .C. I 15' -10" 14' -4" V BB4 L 17.68 I I RECEIVED I __J I dci6w §� - -- ' SH 3666 -2 5H pa36 -1 OPTION 2 AUG Q 6 2003 CITY OF BROOKLYN CENTER A N OJL\l S E BUILDING SYSTEMS 1100 DARNETT RD. - UDYSMITH, U 54848 SECOND FLO* PLAN NORSE GEMENT MN: # # ## BROOKLYN TOWNHOUSE_ SECOND __FL PLAN �5/7 I00 • • • 69TH AVENUE NORTH Ex Am tuE�war� sa�oue � • i � SiAT�3iIC3 � J I ar v ♦. •. •. a. ♦� u v d -� � IUMIWdpE�OCAT10N3 Y . E'NCLpNF[ 4 i � x • ..•a. s� t m m a !e unt r�t m a. v 4 r , � I . • w. mwe � me ao ee eewr Mm! a ' „ „ � r • w! s„n w ae a. so e,eu ups! I � 5 � ; � '�� ' . • ,est uwe s. ne ♦e e. xae _,y et O W ♦ Tj L L01t � � 4 ♦ m 107.14 ate, �a 3� 1 of 1 • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA AUGUST 14, 2003 REGULAR SESSION CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:35 p.m. ROLL CALL Chair Tim Willson, Commissioners, Stephen Erdmann, Rex Newman, Sean Rahn, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Graydon Boeck and John Whitehead were absent and excused. APPROVAL OF MINUTES — JULY 17, 2003 There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to approve the minutes of the July 17, 2003 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION • Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2003 -011 - HOLIDAY STATIONSTORES. INC. Chair Willson introduced Application No. 2003 -011, a request for site and building plan approval to construct a 43,761 sq. ft. commissary building on a newly created parcel of land at the southeast corner of Shingle reek 69 g C Parkway and 69 Avenue North. This application was tabled at the July 17, 2003 Planning Commission meeting. It is the request of the applicant that the application be withdrawn since the site and building plan proposal for this site will be considered under Planning Commission Application No. 2003 -012, which is a request for rezoning and development plan approval through the Planned Unit Development (PUD) process. There was a motion by Commissioner Newman, seconded by Commissioner Reem, to acknowledge withdrawal of Application No. 2003 -011. Voting in favor: Chair Willson, Commissioners Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. 8 -14 -03 Page 1 • APPLICATION NO. 2003 -012 - SPM CONSTRUCTION CO. & HOLIDAY STATIONSTORES. INC. Chair Willson introduced Application No. 2003 -012, a request from SPM Construction Co. and Holiday Stationstores, Inc. seeking Rezoning and Development Plan approval through the Planned Unit Development p (PUD) process for two parcels of land at the southeast corner of Shingle Creek Parkway and 69 Avenue North. I Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8 -14 -03 for Application No. 2003 -012 and the Director of Public Works' memo dated 8- 13 -03, attached.) The property in question is zoned I -1 (Industrial Park) and is located at the southeast corner of Shingle Creek Parkway and 69 Avenue North and includes a vacant triangular shaped parcel of land. These lots are being replatted under Planning Commission Application No. 2003 -010 to create two new lots. The applicants are seeking PUD /I -1 rezoning approval to accommodate construction of a 43,761 sq. ft. Holiday Stationstore Commissary building on one lot and to provide parking lot modifications to the existing Palmer Lake Plaza site (6850, 6860 and 6870 Shingle Creek Parkway). There was discussion by the Commission members regarding access to the site from 69 Avenue North and also traffic flow at the 69 Avenue North and Shingle Creek Parkway intersection. Mr. Warren explained how movement and access on the site would be designed so as to create to the least amount of inconvenience to the areas abutting the site. He added that some of the details related to access and parking would need to be addressed further with the City Engineer prior to construction and final approval. • PUBLIC HEARING — APPLICATION NO — 2003 -012 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to open the public hearing on Application No. 2003 -013, at 8:48 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Dave Hoeschen, Director of Real Estate for Holiday Stationestores, introduced himself. He explained that Holiday has about 330 stores in the northern tier of the country. About five years ago the commissary business was started and has been based since that time in Brooklyn Center in the building currently occupied. They have plans to expand and they wish to stay in Brooklyn Center in order to keep heir current employees. p He explained that his is a low intensity use where assembly of fresh sandwiches and salads is done. There are about 20 employees on two different shifts. He added that parking on the west side is for employees only and there will be no truck traffic from 69 Avenue North Bruce Saline, 6843 York Place, (Earle Brown Farm Townhouse Association) has a concern with traffic control at the intersection of 69 Avenue and Shingle Creek Parkway. He stated that he would like to see a right turn lane onto 69 be considered idered at this intersection. He added that there is a lot of pedestrian traffic at this corner and feels that a traffic signal would make it safer for vehicles and pedestrians. • 8 -14 -03 Page 2 l • Mr. Warren responded that the City Engineer conducted traffic counts and this intersection did not meet the warrants for a traffic signal. Generally, if the warrants are not met, the City will not proceed with a signal installation. He added the City could continue to monitor the situation and possibly do a recount after construction of the building. No other persons from the public appeared before the Commission during the public hearing on Application No. 2003 -012. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to close the public hearing on Application No. 2003 -012, at 9:03 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. There was discussion by the Commission members to add a Condition No. 16. to the draft Planning Commission Resolution 2003 -01 acknowledging that only one access will be allowed from 69 TH Avenue North and that this action should not be considered a precedent for more accesses from 69 Avenue. There was discussion by the Commission members regarding requiring a traffic signal at the intersection as part of the development approval. Mr. Warren explained that the cost of the • traffic signal should not necessary be born by the developer since they are not significantly adding to the increased traffic on the site. It was the consensus of the Commission members to make a suggestion in the minutes reflecting to the City Engineer that he review the traffic counts on the site following the completed construction. ACTION TO RECOMMEND APPROVAL OF RESOLUTIO - N NO. 2003 O1 Therre was a motion by Commissioner Newman, seconded by Commissioner Rahn, to approve Planning Commission Resolution No. 2003 -01 regarding the recommended disposition of Planning Commission Application No. 2003 -012 submitted by SPM Construction Co. and Holiday Stationstores, Inc. The motion passed unanimously. Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Rahn, and Reem, and the following voted against the same: None; whereupon said resolution as declared duly passed and adopted. Resolution 2003 -01 is made part of these minutes by attachment. The Council will consider the recommendation at its August 25, 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. It was the consensus of the Commission that the city staff be requested to monitor traffic in the area of 69 and Shingle Creek Parkway to see if warrants exist to support the installation of a • traffic signal. 8 -14 -03 Page 3 • APPLICATION NO. 2003 -013 - BERNARD AND KATHLEEN SWANSON Chair Willson introduced Application No. 2003 -013, a request from Bernard and Kathleen Swanson, seeking approval to uncombine, or resubdivide, their property (addressed as 6213 Unity Avenue North) to reestablish two platted lots that were combined for tax purposes. This would allow the two lots to be used and sold separately. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8 -14 -03 for Application No. 2003 -013, attached.) He explained that the applicants plan to file the survey they have submitted with Hennepin County to reestablish the old lots and to sell them separately. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2003 -013 — BERNARD AND KATHLEEN SWANSON There was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to recommend to the City Council that it approve Application No. 2003 -013, submitted by Bernard and Kathleen Swanson for approval to uncombine, or resubdivide, their property (addressed as 6213 Unity Avenue North) to reestablish two platted lots for tax purposes subject to the following conditions: 1. The legal descriptions and survey showing the reestablishment of the underlying lots shall be filed with Hennepin County. 2. The City Assessor is authorized to process the resubdivision in conjunction with • Hennepin County. 3. The resubdivision approval does not comprehend approval of any other action pertaining to the use of the property. Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the application at its August 25, 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 -014 — EASTBROOK PROPERTIES. LLC. (DAVID EVANSON) Chair Willson introduced Application No. 2003 -014, a request from Eastbrook Properties, LLC, for Preliminary Plat approval to subdivide the lot at 711 69 Avenue North into six single family lots, an outlot and street right of way. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8 -14 -03 for Application No. 2003 -014 and the Director of Public Works' memo dated 8- 12 -03, attached.) The property in question is zoned R -1 (One Family Residence) and is located between 68 and 69 Avenues North, east of Aldrich Avenue North. The proposed plat would be divided into six buildable lots and an outlot. • 8 -14 -03 Page 4 • Commissioner Newman inquired about the history of the property prior to the Hwy 252 expansion. Mr. Warren explained that the properties abutting Hwy 252 contained single family homes which the highway department acquired and demolished or moved off the site as part of the Hwy 252 construction. PUBLIC HEARING — APPLICATION NO. 2003 -014 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to open the public hearing on Application No. 2003 -014, at 9:46 p.m. The motion passed unanimously. Chair Willson called for comments from the pubic. The applicant, Mr. David Evanson, owner of Eastbrook Properties, LLC, introduced himself and described the history of the property, his plans to acquire surrounding parcels and his proposal to develop the site with single family homes. Larry Franzen, 6736 Aldrich Avenue North, expressed his concern with the cost of a new road being assessed to his property. Mr. Warren explained that any assessment would have to be consistent with the assessment policies of the city. Walter Wenholz, 501 69 Avenue North, stated he has not heard from the developer regarding acquisition of his property and asked how the development would affect his property. Mr. Evanson responded the reason he has not contacted this property owner yet is because he is • attempting to finalize plans with MnDot for acquisition of the highway right of way prior to discussion with other property owners that may be affected. It was clarified that the master plan for this area was a guide only and did not commit any property owner to participate in its development. No other persons from the public appeared before the Commission during the public hearing on Application No. 2003 -014. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to close the public hearing on Application No. 2003 -014, at 10:00 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2003 -014 EASTBROOK PROPERTIES, LLC. There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to recommend to the City Council that it approve Application No. 2003 -014, submitted by Eastbrook Properties, LLC, for Preliminary Plat approval to subdivide the lot at 711 69 Avenue • North into six single family lots, an outlot and street right of way subject to the following conditions: 8 -14 -03 Page 5 • 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The accessory building indicated on the proposed Lot 3, Block 1, shall be removed prior to final plat approval. 4. The plat shall be modified to show drainage and utility easements along property lines consistent with the recommendations of the City Engineer. 5. The applicant shall enter into a subdivision agreement as approved by the City Engineer regarding various subdivision improvements required for this plat. 6. Future subdivisions in this area shall be consistent with the master plan submitted with this application. Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the application at its August 25, 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 -015 PETER B. MYERS (ON BEHALF OF NORSE MANAGEMENT) Chair Willson introduced Application No. 2003 -015, a request from Peter B. Myers, on behalf of Norse Management, for Prelinimary Plat approval to divide and combine two parcels of land located on the south side of 69 Avenue North, westerly of Humboldt Avenue, to create a newly configured lot for the Earle Brown Farm Apartments (1701 69 th Avenue North) and 21 townhome lots and an outlot for a proposed townhome development. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8 -14 -03 for Application No. 2003 -015 and the Director of Public Works' memo dated 8- 12 -03, attached.) The properties under consideration are zoned R -5 (Multiple Family Residence). Companion Application No. 2003- 016 is an application for site and building plan approval for construction of 21 townhomes on the site. Townhomes are a permitted use in the R -5 zoning district provided density requirements are met. PUBLIC HEARING — APPLICATION NO. 2003-015 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to open the public hearing on Application No. 2003 -015, at 10:41 p.m. The motion passed unanimously. • Chair Willson called for comments from the public. 8 -14 -03 Page 6 I • Allen Krutman, Proterra Designs, Inc., representing the applicant introduced himself and stated that they have reviewed comments from staff and will comply with all requirements for this development. Commissioner Erdmann asked if the proposed townhomes are of modular construction. Mr. Krutman responded that they are modular homes, which are placed on the foundation. No other persons from the public appeared before the Commission during the public hearing on Application No. 2003 -015. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to close the public hearing on Application No. 2003 -015, at 10:44 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2003 -015 PETER B. MYERS (ON BEHALF OF NORSE MANAGEMENT) There was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to recommend to the City Council that it approve Application No. 2003 -015, submitted by Peter Myers, for Preliminary Plat approval to divide and combine two parcels of land located on the • south side of 69 Avenue North, westerly of Humboldt Avenue, to create a newly configured lot for the Earle Brown Farm Apartments (1701 69 Avenue North) and 21 townhome lots and an outlot for a proposed townhome development 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. 3. An ordinance vacating 5 ft. wide drainage and utility easements on either side of the existing lot lines separating Lot 1, Block 1, and Lot 2, Block 1, Tanami Addition, shall be approved by the City Council prior to final plat approval. 4. A Declaration of Covenants and Restrictions along with homeowners association documents shall be reviewed and approved by the City Attorney prior to final plat approval. 5. A site analysis verifying parking requirements for the Earle Brown Farm Apartments shall be submitted prior to final plat approval. 6. Building permits for construction of any buildings comprehended under Planning Commission Application No. 2003 -016 shall not be issued until the final plat comprehended under this application has been approved by the City Council and • filed with Hennepin County. 8 -14 -03 Page 7 • Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the application at its August 25, 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 -016 PETER B. MYERS (ON BEHALF OF NORSE MANAGEMENT. INC.) Chair Willson introduced Application No. 2003 -016, a request from Peter B. Myers, on behalf of Norse Management, Inc. for Site and Building Plan approval for a 21 unit townhome complex with a common area on a 2.33 acre site proposed for creation under companion Application No. 2003 -015. The site is located on the south side of 69 Avenue North, westerly of Humboldt Avenue and is zoned R -5 (Multiple Family Residence). Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8 -14 -03 for Application No. 2003 -016 and the Director of Public Works' memo dated 8- 12 -03, attached.) The Chair called for further discussion or questions from the Commissioners The Commissioners interposed no objection to approval of the Application. • ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2003-016 — PETER B. MYERS. ON BEHALF OF NORSE MANAGEMENT. INC. There was a motion by Commissioner Newman, seconded by Commissioner Reem, to recommend to the City Council that it approve Application No. 2003 -016, submitted by Peter B. Myers, on behalf of Norse Management, Inc., for Site and Building Plan approval for a 21 unit townhome complex with a common area on a 2.33 acre site proposed for creation under Planning Commission Application No. 2003 -015, subject to the following recommendations: 1. The building plans are subject to review and approval of 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 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 release of the performance guarantee. • 8 -14 -03 Page 8 • 5. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits. 6. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 7. All work performed and materials used for the construction of utilities and curb and gutter shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 8. All driveways in this complex shall be either blacktop or concrete in accordance with the requirements of the City's Zoning Ordinance. 9. B -612 curb and gutter shall be provided around all driving and parking areas except where the City Engineer may approve surmountable curb immediately in front of the townhome units. 10. The building elevations shall reflect the exterior materials to be used in this development. 11. The homeowner's association documents proposed for this townhome complex • shall be reviewed and approved by the City Attorney and filed with the title to the property prior to the issuance of building permits. 12. Building permits for construction of townhomes will not be issued until the plat comprehended under Planning Commission Application No. 2003 -015 has been given final approval by the City Council and filed with Hennepin County. Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the recommendation at its May 12, 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. DISCUSSION ITEM The City- County Credit Union is in the process of acquiring the building at 6160 Summit Drive and part of that plan includes a need to put up a drive thru canopy for the banking facility. In the past, other facilities that have put in a similar canopy, have not needed to go through a formal site and building plan process for approval of such a proposal. Mr. Mod Fedders representing the architect, Buetow & Associates, explained that this site would • be the City - County Credit Union's main headquarters. He further described their proposal for the canopy, which would serve as the drive up facility for the banking operation and showed a 8 -14 -03 Page 9 plan and graphics related to their proposal. Mr. Warren noted that parking, setback and other • P P P g� ordinance considerations will be met. It was the consensus of the Planning Commission that no formal application for site and building plan approval is necessary for the canopy at 6160 Summit Drive. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 11:01 P.M. Chair Recorded and transcribed by: Rebecca Crass • • 8 -14 -03 Page 10 • City Council Agenda Item No. 12a OX City of Brooklyn Center A Millennium Community MEMORANDUM DATE: 8/18/2003 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation For The Gift Of Target Stores In Sup rft" After School Art Programs Target Stores has presented to the City a donation of one thousand five hundred dollars. ($1,500.00) They have designated that it be used to support after school art enrichment programs. Staff recommends acceptance of this donation and asks that it be coded to the corresponding • activity budget. 6301 Shingle Creek Parkway Recreation and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF TARGET STORES IN SUPPORT OF AFTER SCHOOL ART PROGRAMS WHEREAS, Target Stores has presented to the City a donation of one thousand five hundred dollars ($1,500.00), and has designated that it be used to support after school art programs; and WHEREAS, the City Council is appreciative of the donation and commends Target Stores for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center 1. Acknowledges the donation with gratitude. 2. Appropriates the donation to the corresponding activity budget. 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. • Target Stores District Office 1090 73rd Avenue N.E. Fridley, Minnesota 55432 -3400 • July 30, 2003 Ms. Sue LaCrosse City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Dear Ms. LaCrosse: Target Stores is pleased to inform City of Brooklyn Center that a grant has been approved in the amount of $1,500 for support of after school art enrichment program. The Target Corporation family of giving programs, comprised of Target, Marshall Field's and Mervyn's, is proud to support nonprofit organizations such as yours that make our communities a better place to live and work. • Target Corporation is committed to giving back to the communities in which we operate stores. This year, we will give over $2 million a week to nonprofit organizations nationwide. We would appreciate being identified as Target Stores in any announcements or recognition of this grant. We hope this grant will further the important work you do and wish you success in your worthwhile efforts. n . 191 incerely, Brenda Pawlak Store Team Leader T6240, Brooklyn Center Encl. check charitable contribution receipt • A Division of the Dayton Hudson Corporation Printed on recycled paper. � Yt P Y P P �6(� City Council Agenda Item No. 12b • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROMOTING RACIAL EQUALITY WEEK SEPTEMBER 29 THROUGH OCTOBER 4, 2003 WHEREAS, the National League of Cities and the City of Brooklyn Center are committed to promoting racial equality and justice as a fundamental aspect of a healthy community; and WHEREAS, the National League of Cities has urged local officials across the country to join together in a national campaign to promote racial equality and justice; and WHEREAS, by Act of Congress of the United States dated July 2, 1964, the Civil Rights Act of 1964 was adopted banning discrimination because of an individuals color, race, national origin, religion, or sex; and WHEREAS, by Act of Congress of the United States dated July 9, 1968, the 14' Amendment of the Constitution of the United States was adopted giving all persons born or naturalized in the United States the right to due process and equal protection under the law. • NOW, THEREFORE, BE IT RESOLVED b the City Council of the City of Y Y Y Brooklyn Center that the week of September 29, 2003, be declared as Race Equality Week in the City of Brooklyn Center and urge all citizens in Brooklyn Center to join together to support this effort. BE IT FURTHER RESOLVED that the Mayor and City Council of Brooklyn Center reaffirm our commitment to ensuring racial equality and justice in our city and to working with the National League of Cities to sustain this commitment throughout the country. 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. • Nat C pres An ual J11 caw ........... • r Sep tember k October 4, 2003 G � s �q : : t :: .. # . . .. t f 0 :�x. <k:,, <. �Vn far .. .. ....... .... .. .. .. . nsskr . M EN . . . . . . . . . -xffi + + s% _ ;2': < - aq : .. .. _ . .... c : .. ..::. ... `:ks+ .i:�` r " k • tt : C » For additional information on how to become involved, contact rational League of Cities. John Pionke, 202.020.3051 . Garen Wright, 202.626.3037 Check BCC`s websete at www.nlc.org after June 15, 2013. i City Council Agenda Item No. 12c Member introduced the following resolution and moved its adoption: • RESOLUTION ESTABLISHING THE STREET CONSTRUCTION FUND RESOLUTION NO. WHEREAS, the City has undertaken a program to upgrade and/or replace City owned improvements to include streets, curb and gutter, water, sanitary sewer, and storm sewer infrastructure; and WHEREAS, funding of these improvements is provided from a number of sources to include public utility funds, enterprise funds, the general fund, special revenue funds, and capital project funds; and WHEREAS, with the increased complexity of identifying revenue sources specific to these projects and ensuring proper accounting controls; and WHEREAS, with the implementation of GASB 34 that requires appropriate P q identification of sources of funds to specific projects; and WHEREAS, the City Council had previously established an Infrastructure Replacement Fund to account for project costs; and • WHEREAS, a single fund has been recommended by the City's auditor to account for funds to be used as part of the street reconstruction program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Street Reconstruction Fund is hereby established. BE IT FURTHER RESOLVED that this fund will provide the City the accounting entity to which all funds identified by the City Council for the street reconstruction program will be transferred -in and /or deposited and from time to time transferred -out to provide for expenditures for street improvements. 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. Or City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Co members Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley �— DATE: August 13, 2003 a SUBJECT: Street Construction Fund Attached is a resolution establishing the Street Construction Fund. For 2003, an Infrastructure Replacement Fund was created in place of the Special Assessment Construction Fund. The purpose of this fund was to put projects into that fund and track all of the expenditures and charges against various funds such as water, sewer, etc. for those projects. In the course of administering the Infrastructure Replacement Fund, the balance of the Special Assessment Construction Fund was folded into the Infrastructure Replacement Fund. In order to better track monies that are available for street construction, the proposed resolution creates a Street Construction Fund in to which • monies may be deposited in anticipation of transfer to the Infrastructure Replacement Fund as funds are needed for specific street projects. This will improve the tracking and accounting for these revenues. Mr. Sell has discussed this with the Auditor who apparently concurs with this proposal as providing better project management accounting. 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.cityolbrooklyi-tcenter.org i • City Council Agenda Item No. 12d I. OX City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: August 20, 2003 Re: Selection of City Attorney (Civil Legal Services Based on the August 11'' City Council Work Session, this item is being placed on the Agenda for a decision on the selection of a firm to provide civil legal services as of January 1, 2004. Under the City policy, this appointment would be for up to four years, but is always subject to review by the City Council at any time. After the City Council authorized the solicitation of proposals advertisements were placed and copies of the requests for proposals were also mailed to 16 law firms with municipal practices. Advertisements were placed in: • a) Finance and Commerce b) Brooklyn Center Sun -Post C) League of Minnesota Cities Bulletin A direct mailing of requests for proposals were sent to: a) Kennedy & Graven, Chartered b) Sweeney, Borer & Sweeney C) Carson, Clelland & Schreder d) Barna, Guzy & Steffen, Ltd. e) Babcock, Neilson, Mannella, LaFleur, Klint, PLP f) Campbell, Knutson, Scott & Fuchs, PA g) Hoff, Barry & Kuderer, PA h) Jensen, Bell, Converse & Erickson, PA i) Gregerson, Rosow, Johnson & Nilan, Ltd. j) Thomsen & Nybeck, PA k) Best & Flanagan LLP 1) Briggs & Morgan PA m) Dorsey & Whitney LLP n) LeVander, Gillen & Miller PA o) Holstad and Knaak, P.L.C. n) Ratwik, Roszak & Maloney PA 9301 Shingle Creek Parkway y Recreat on 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 • In response to the City's request for proposals, 6 law firms submitted proposals. The City last reviewed civil legal services in early 2000. At that time interviews were scheduled with: - Kennedy & Graven - Jensen, Bell, Converse, and Erickson - Sweeney, Borer, and Sweeney. Sweeny, Borer cancelled their interview with the City Council. Kennedy & Graven was selected to continue providing civil legal services after the interview process. The current policy has civil legal services reviewed on a 4 year rotation. The current review is for services starting in 2004. Criminal legal services are reviewed every 4 years as well. The next review of criminal legal services would be for 2006. The policy provides that the City Manager reviews the proposals and recommends not more than 3 firms to the City Council. The city attorney is selected by the City Council and is responsible directly to the City Council, while working with the City Manager and department heads. Attached is a matrix identifying the salient parts of the 6 proposals. Based on my review, I would recommend that the City Council consider re- appointing Kennedy & Graven. Departmental satisfaction with services has improved since the last review. Mr. LeFevere has provided very helpful information and proposals at City Council meetings. Costs appear to be at the lower end of potential expenses. Kennedy & Graven bills in 5 minute • increments, while those specifying their billing increments are at 15 minute increments. The other firm that would be recommended for consideration was interviewed 2 years ago and was not found to present a reason to switch firms. If the Council wished to interview firms, I would recommend the firms of - Kennedy & Graven - Jensen, Bell, Converse, & Erickson I am not recommending the other firms based on my review of the proposals. For purposes of comparison, Kennedy & Graven's billings to the City for all services were: - 2001 $54,440 - 2002 $99,864 - 2003 year to date $ 50,172 Thos billings include labor matters, hearings, commissions, the EDA, Heritage Center, liquor stores, real estate matters, and more. Many of those items would be additional costs in the proposals. One of the proposals would cost almost as much as our entire civil and criminal legal budget combined. Hallelan, Lewis o Costs are higher and requires association with a sole practitioner to • provide depth ■ Propose cap of $108,000 for meetings and opinions • • Outside that cap would be finance, litigation, arbitration, hearings, work for commissions - Kelly & Fawcett • Represents developers & labor unions • Costs are substantially higher for base services $9,000 per month v. $850 for meetings at Kennedy & Graven + hourly on specific matters • Propose only meetings & advice for $9,000 per month • Propose $17,000 per month with labor advice - McGrann Shea • No direct city representation • Highest costs $200 - $295 per hour (will negotiate a discount according to proposal) • Unclear on municipal experience of proposed primary attorney - Ratwick o Represents Brooklyn Center School District • We have ongoing building permit oversight and cooperative agreements with the school district • Primary attorney is a real estate specialist, rather than a municipal specialist • • I i Firm City Attorneys for Fees Conflicts Principal 2002 Municipal % Municipal Attorney Billings total billings Halleland, Lewis Prior Lake 125 - $145 per hour state none Suesan Pace no information no information Firm would associate for shareholder 15 yrs. experience with a sole practiioner $115 - $125 per hour significant municipal experience for part of their expertise for Sr. Associate Assistant in municipal areas $105 - $115 per hour Joe Schmitt for Jr. Associate 11 yrs. experience 50 Attorneys standard" rates for relevant experience legal assistants $108,000 cap on covered services for meetings & opinions Outside cap: finance, bond, litigation, contested cases, arbitration, hearings. work for commissions Jensen Bell Vadnais Heights $155 per hour attorney does not represent Roger Jensen $400,000 25.00% White Bear Lake $85 per hour paralegal real estate developers 18 yrs. experience 10 Attorneys previously Roseville 40% municipal Assistant fee for meetings, ordinances, advice Mitchell Converse resolutions =1st 12 months 9 yrs. experience civil legal billing as a monthly retainer Outside retainer: finance, hearings, litigation, improvement projects and real estate Kelly & Fawcett Maplewood $110 per hour attorney represent developers Patrick Kelly $327,208 21.00% Taylors Falls $50 per hour clerk & public labor unions 28 yrs. experience 7 attorneys $9,000 month for 80% municipal work most meetings & advice Sarah Sonsalla & zoning & bldg. enforcement 2 years experience Or $17,000 per month with labor advice 70% municipal work Bill at. 1/4 of an hour increments Kennedy & Graven 25 cities $850 per month Charlie LeFevere no information 75.00% for council mtgs. & agenda 28 yrs. experience �8 attorneys work Primarily municipal experience $128 per hour attorney primary person for Brooklyn Center $133 per hour for litigation Ron Batty $92 per hour clerks 24 yrs. experience $97 per hour paralegals 100% municipal Billing is at 1/.20 of an hour increments Rates are 2004 McGrann Shea none $200 - $295 hour for Kathleen Lamb no information no information represent senior attorney 17 yrs. experience 23 atomeys Metro Sports Facilities $110 - $175 per hour for unclear extent of municipal experience Commission Associate Attorney Andrew Shea Wash. Co. HRA $70 - $85 per hour 39 years experence Metro Radio Board paralegal unclear extent of municipal experience Bill at. 1/4 of an hour increments Willing to reduce based on a # of factors Ratwick Red Wing $125 per hour for attorney Represents BC school Jay Squires no information 93.00% Roseville $115 per hour jr. attorney district 14 years experience 22 attorneys Eagan $140 per hour for lititgation does not represent Real Estate specialist Mendota Heights Rate will increase 5% per year developers Scott Anderson 19 yrs. experience Maragert Skelton 10 yrs. experience • City Council Agenda Item No. 12e Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF HEALTH FACILITIES REVENUE BONDS GROUP HEALTH PLAN INC. PROJECT WHEREAS, Group Health Plan Inc., a Minnesota nonprofit corporation (the "Borrower "), a subsidiary of Health Partners, Inc., has proposed that the Minneapolis Community Development Agency and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (collectively, the "Issuer "), jointly issue revenue bonds (the "Revenue Bonds ") to finance a project (as defined), a portion of which is located in the City of Brooklyn Center, Minnesota (the "City "); and WHEREAS, the Project to be financed by the Revenue Bonds includes the financing or refinancing of various capital expenditures made by the Borrower at facilities owned or operated by the Borrower and located in various municipalities in the State of Minnesota, and the refunding of the Issuer's Outstanding Health Care Facility Revenue Bonds, Series 1992 (Group Health Plan, Inc., Project); and WHEREAS, the City has been advised that a public hearing and City Council approval of the financing of the Project is required under Section 147(f) of the Internal Revenue Code because a portion of facilities to be financed or refinanced by the Revenue Bonds are located in • the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. A public hearing on the proposal of the Borrower will be held at the time and place set forth in the Notice of Hearing hereto attached as Exhibit A. The general nature of the Project and an estimate of the aggregate principal amount of revenue bonds or other obligations to be issued to finance the Project are described in the Notice of Hearing. 2. The Borrower shall cause notice of the hearing to be given one publication in the official newspaper and newspaper of general circulation available in the City, not less than 14 days nor more than 3 0 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Hearing. 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. STATE OF MINNESOTA • COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER 1, the undersigned, being the duly qualified and acting City Clerk of the City of Brooklyn Center, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to a resolution adopted on the date therein indicated calling a public hearing on the issuance of revenue bonds for a project to be undertaken by Group Health Plan Inc., a portion of which is located in the City. WITNESS my hand this day of August, 2003. • Clerk • 1560631v1 • EXHIBIT A CITY OF BROOKLYN CENTER, MINNESOTA NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF REVENUE BONDS FOR A HEALTH CARE FACILITY PROJECT NOTICE IS HEREBY GIVEN that the City Council (the "Council ") of the City of Brooklyn Center, Minnesota (the "City "), will hold a public hearing on Monday, September 22, 2003, at a meeting of the City Council beginning at approximately 7:30 p.m., Central Time, at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, to consider the proposal of Group Health Plan Inc., a Minnesota nonprofit corporation (the 'Borrower "), a subsidiary of HealthPartners, Inc., that a project described below be assisted by the issuance of revenue bonds under Minnesota Statutes, Section 469.152 to 469.1651, as amended. It is proposed that the Minneapolis Community Development Agency and Housing and Redevelopment Authority of the City of Saint Paul (the "Joint Issuers), would jointly issue the revenue bonds to finance the Project (as hereinafter defined). The approval of the City is required under Section 147(f) of the Internal Revenue Code because a portion of the Project is located in the City. The proceeds of the Revenue Bonds, in the estimated aggregate principal amount of $85,000,000, would refund the Issuer's outstanding Heath Care Facility Revenue Bonds, Series 1992, and finance or refinance various capital expenditures made by the Borrower at facilities located in various municipalities in the State of Minnesota (the "Project "). The portion of the Project located in the City consists of the • acquisition and installation of computer hardware and software to be located at a data processing center located or to be located at 6845 Lee Avenue North (the 'Bonded Facilities "). The Borrower will be the owner of the Bonded Facilities. The maximum principal amount of the proceeds of the Revenue Bonds to be used to finance the Bonded Facilities in the City is $2,000,000. The Revenue Bonds if and when issued will not constitute a charge, lien or encumbrance upon any property of the City, and such obligations will not be a general or moral obligation of the City or a charge against the general credit or taxing powers of the City, but will be payable from sums to be paid by the Borrower to the Joint Issuers pursuant to a revenue agreement. At the time and place fixed for the public hearing, the City Council will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. In addition, interested persons may file written comments respecting the proposal with the City Clerk at or prior to said public hearing. Dated this 25 day of August, 2003. BY ORDER OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA By /s/ Sharon Knutson City Clerk • 1560631v1 A -1 • City Council Agenda Item No. 12f i City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCaule City Manager Date: August 20, 2003 Re: Request to Charter Commission regarding Administrative Fines As part of the budget process we have been obtaining examples of what other cities have done or are doing with the use of administrative fines in lieu of issuing uniform traffic citations or other citations that are returnable /payable through the court system. As part of that review, Mr. LeFevere provided the attached opinion outlining some of the legal considerations associated with administrative fines. He recommends consideration of a charter amendment to insure that there is no question on the legal authority to issue administrative fines. The request of the City Council is to request that the Charter Commission review Mr. LeFevere's opinion and consider recommending adoption of a charter amendment to • authorize administrative fines. A charter amendment, if adopted, would authorize the City Council to implement that type of system. There are a number of issues related to whether we would want to adopt this type of system such as the reduction in revenues to the court system and the impacts on services through the court system and the loss of some continuing enforcement supervision that occasionally is imposed by the courts on code violations whereby a subsequent violation would result in court sanctions (that is, potential jail time or fines are sometimes stayed pending compliance with code requirements for a period of time as opposed to merely paying whatever the fine is and being done until the next citation). 3301 Shingle Creek Parkway y 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 470 Pillsbury Center RL ® 200 South Sixth Street Minneapolis MN 55402 Graven (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: / /www.kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 Email: clefevere @kennedy - graven.com June 27, 2003 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Re: Administrative Fines Dear Mike: • You have asked that we provide the City with additional information relating to the collection of administrative fines by the City. Attached is a memorandum on the subject by Bob Vose of my office. The authority for a statutory city to collect fines in this way is questionable, although several statutory cities have adopted such ordinances without being challenged (as far as we know). Charter cities that have established such a procedure have generally given themselves specific authority to do so by charter amendment. The arrangements range from very simple, involving a right to a hearing before a person assigned by the city manager, such as the New Brighton ordinance, to more complex and detailed arrangements involving independent hearing officers such as the ordinance the City of Minnetonka has adopted. Attached for your review are copies of the charter amendments and city code provisions for administrative penalties for both the City of Bloomington and Minnetonka, and a copy of the New Brighton ordinance. I am inclined to think that the New Brighton model is probably a better arrangement because it involves a substantially smaller commitment of staff time and resources. Please give me a call after you have had a chance to review these materials so that we can determine what kind of ordinances the City wishes to consider. Additionally, although it may not be required as a matter of law, the City would be in a more defensible position if the administrative fine arrangement were challenged if it had authorized such • an arrangement by amendment to its charter. We would be happy to prepare a charter amendment proposal if you wish us to do so. CLL- 233759vl BR291 -4 • Mike McCauley Letter June 27, 2003 Page 2 Please give me a call if you have any questions, or give Bob Vose a call directly at 612 - 337 -9275. Very truly yours, A Charles L. LeFevere CLL:peb Enclosures • CLL- 233759v1 BR291 -4 • City of Bloomineton Home Rule Charter Section 12.15. CIVIL PENALTIES. Subdivision 1. The council may establish by ordinance a procedure for imposing a civil penalty not exceeding $2,000 for each violation of a city ordinance. This procedure must provide an opportunity for the accused to be heard by a neutral party, which may be the city council. Subdivision 2. The city council may provide by ordinance that civil penalties imposed by the city as a result of property- related violations may be assessed against property which was the subject matter, or related to the subject matter, of the penalties, or property which was the location of an activity, proposed use, delivery of city service or other circumstances which resulted in the penalties. The ordinance shall provide that the city must first attempt to obtain voluntary payment of the penalties. The ordinance shall further require the city to give notice and opportunity to be heard to the property owner listed on the official tax records before the assessments are imposed. The assessments shall be collected like special assessments. City Code Article II. ADMINISTRATIVE MEDIATION AND HEARING PROCESS • Section 1.09. PURPOSE. Pursuant to City Charter Section 12.15, the City Council enacts this Article of the City Code to provide an administrative mediation and hearing process for the resolution of certain violations of the City Code. The Council finds that an administrative mediation and hearing process will facilitate compliance with certain City Code provisions and avoid unnecessary delay in the enforcement of the City Code. Section 1.10. ALTERNATIVE METHODS OF ENFORCEMENT. This administrative enforcement procedure seeks to gain compliance with certain provisions of the City Code prior to any formal criminal or civil court action. The administrative mediation and hearing process provided for in this Article shall be in addition to any other legal or equitable remedy available to the City for City code violations, except that if a determination is made by the hearing officer pursuant to the hearing process detailed in Section 1.17 of this Article that a violation did not occur, the City may not then proceed with criminal prosecution for the same act or conduct. Section 1.11. CITY CODE PROVISIONS THAT ARE ADMINISTRATIVE OFFENSES. A violation of the following provisions of the City Code shall be an administrative offense that may be subject to the administrative mediation and hearing process of this Article. (1) Chapter 6, Articles III, IV and V, Open Burning and Fire Code Violations; (2) Chapter 9, Article I, Public Nuisances Affecting Health; (3) Chapter 10, Article III, Section 10.25, Litter on Private Property; RN- 233645v1 1 BR291 -4 (4) Chapter 10, Article IV, Noise Code; • (5) Chapter 10, Article VI, Weeds; (6) Chapter 14, Animal Control Regulations; (7) Chapter 14, Food Regulations; (8) Chapter 14, Housing Regulations; (9) Chapter 15, Article I, Building Code; (10) Chapter 15, Article VI, Swimming Pools; (11) Chapter 18, Trees; (12) Chapter 19, Article IV, Sections 19.3 8.11 and 19.38.12, Bluff Protection and Development; (13) Chapter 19, Article IV, Section 19.45, Parking and Storage of Vehicles and Trailers in Residential Zones; (14) Chapter 19, Section 19.52, Landscaping and Screening; (15) Chapter 19, Section 19.50.05, RV Ordinance; (16) Chapter 19, Article V, Performance Standards; (17) Chapter 19, Article X, Signs. Section 1.12. ORDERS TO CORRECT; ADMINISTRATIVE CITATIONS. Upon the reasonable belief that an administrative offense detailed in Section 1.11 of this Article has occurred, the City officials listed in Section 1.06 of this Chapter shall serve on the violator an order to correct the violation. If compliance is not achieved by virtue of an order to correct, the official is authorized to issue and administrative citation pursuant to this Article of the City Code. An administrative citation shall be presented in person or by mail to the person responsible • for the violation. The citation shall state the date, time, and nature of the offense, the name of the ffi ocial issuing the citation, the amount of the scheduled civil fine, and the manner for paying the fine or appealing the citation by requesting a mediation and hearing. Section 1.13. CIVIL FINES. The administrative offenses detailed in Section 1.11 may be subject to a civil fine. The amount of a civil fine may not exceed the amount of the maximum fine allowed if the ordinance violation had been prosecuted as a misdemeanor. Civil fines may not be imposed for ordinance violations that prohibit the same conduct that is classified as a crime or petty misdemeanor in Minnesota Statutes, Chapters 168, 168A, 169, 170, 171, and 609. Section 1.14. SCHEDULE OF CIVIL FINES. The City Council shall adopt by resolution a schedule of civil fines for administrative offenses for which a citation has been issued. City officials shall adhere to this schedule of fines in issuing administrative citations pursuant to this Article. Section 1.15. PAYMENT OF CIVIL FINE; REQUEST FOR ADMINISTRATIVE MEDIATION AND HEARING. The person responsible for the violation shall either pay the scheduled civil fine or request a mediation and hearing within twenty -five (25) days after issuance of the administrative citation. During that period, only the City Attorney or an Associate City Attorney has authority to dismiss the citation and/or waive the scheduled civil fine. • RN- 233645v1 2 BR291-4 • Section 1. 16. FEE FOR LATE PAYMENT OF CIVIL FINE. (a) A late payment fee of ten percent (10 %) of the civil fine amount shall be imposed if the person responsible for the violation fails to pay the civil fine within twenty -five (25) days after issuance of the administrative citation or fails to timely request a mediation and hearing pursuant to this Article. (b) If a civil fine is not paid within the time specified and no request for a mediation or hearing is timely received, the nonpayment of the civil fine shall constitute a personal obligation of the violator. A personal obligation may be collected by the City by any appropriate legal means. If the fine was imposed for a property- related violation, the City may assess the applicable property pursuant to Section 1.19 of this Code. Citv of Minnetonka Home Rule Charter Section 1.02. Powers. The city has all powers that may be possible now or in the future for a Minnesota municipal corporation to exercise. This section grants to the city every power that the citizens could lawfully give to themselves as a municipal corporation, including the power to preserve, protect and promote the health, safety and general welfare of the city. The specific mention of particular powers in this charter does not limit the general powers conferred by this section. Section 12.12. Fines and Penalties. The council may provide by ordinance that a violation of a city ordinance is either a misdemeanor or a petty misdemeanor, punishable in accordance with state law. In addition, the council may establish by ordinance a procedure for imposine a civil penalty not exceeding $2,000 for each ordinance violation. This procedure must provide an opportunity for a hearing before a neutral party. which may be the council. (emphasis added). City Code 1310.015. Administrative Citations and Civil Penalties. Sections 1310.015 through 1310.055 govern administrative citations and civil penalties for violations of the city code. 1310.020. Purpose. The city council finds that there is a need for alternative methods of enforcing the city code. While criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the city and the accused. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process • RJV- 233645v1 3 BR291 -4 does not always regard city code violations as being important. Accordingly, the city council • finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement. This method of enforcement is in addition to any other legal remedy that may be pursued for city code violations. 1310.025. General Provisions. 1. A violation of a provision of the city code or the acts prohibited in section 1310.005 is an administrative offense, that may be subject to an administrative citation and civil penalties. Each day a violation exists constitutes a separate offense. 2. An administrative offense may be subject to a civil penalty not exceeding $2000.00. 3. The city council must adopt by resolution a schedule of fines for offenses initiated by administration citation. The city council is not bound by that schedule when a matter is appealed to it for administrative review. The city council may adopt a schedule of fees to be paid to administrative hearing officers. 4. The city manager must adopt procedures for administering the administrative citation program. 1310.030. Administrative Citation. 1. A person authorized to enforce provisions of the city code may issue an administrative citation upon belief that a code violation has occurred. The citation must be issued in person or by mail to the person responsible for the violation or attached to the motor vehicle in the case of a vehicular offense. The citation must state the date, time, and nature of the offense, • the name of the issuing officer, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation. 2. The person responsible for the violation must either pay the scheduled fine or request a hearing within seven days after issuance. Payment of the fine constitutes admission of the violation. A late payment fee of 10 percent of the scheduled fine amount may be imposed under section 1310.050. 1310.035. Administrative Hearing. 1. The city council will periodically approve a list of lawyers, from which the city manager will randomly select a hearing officer to hear and determine a matter for which a hearing is requested. The accused will have the right to request no later than five days before the date of the hearing that the assigned hearing officer be removed from the case. One request for each case will be granted automatically by the city manager. A subsequent request must be directed to the assigned hearing officer who will decide whether he or she cannot fairly and objectively review the case. The city enforcement officer may remove a hearing officer only by requesting that the assigned hearing officer find that he or she cannot fairly and objectively review the case. If such a finding is made, the officer shall remove himself or herself from the case, and the city manager will assign another hearing officer. The hearing officer is not a judicial officer but is a public officer as defined by Minn. Stat. § 609.415. The hearing officer must not be a city employee. The city manager must establish a procedure for evaluating the competency of the hearing officers, including comments from accused violators and city staff. These reports must be provided to the city council. • RN- 233645vl 4 BR291 -4 • 2. Upon the hearing officer's own initiative or upon written request of an interested parry demonstrating the need, the officer may issue a subpoena for the attendance of a witness or the production of books, papers, records or other documents that are material to the matter being heard. The party requesting the subpoena is responsible for serving the subpoena in the manner provided for civil actions and for paying the fees and expenses of a witness. A person served with a subpoena may file an objection with the hearing officer promptly but no later than the time specified in the subpoena for compliance. The officer may cancel or modify the subpoena if it is unreasonable or oppressive. A person who, without just cause, fails or refuses to attend and testify or to produce the required documents in obedience to a subpoena is guilty of a misdemeanor. Alternatively, the parry requesting the subpoena may seek an order from district court directing compliance. 3. Notice of the hearing must be served in person or by mail on the person responsible for the violation at least 10 days in advance, unless a shorter time is accepted by all parties. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence will not apply. The hearing officer must tape record the hearing and receive testimony and exhibits. The officer must receive and give weight to evidence, including hearsay evidence, that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. 4. The hearing officer has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay, or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors: • a. the duration of the violation; b. the frequency or reoccurrence of the violation; c. the seriousness of the violation; d. the history of the violation; e. the violator's conduct after issuance of the notice of hearing; f. the good faith effort by the violator to comply; g. the economic impact of the penalty on the violator; h. the impact of the violation upon the community; and i. any other factors appropriate to a just result. The hearing officer may exercise discretion to impose a fine for more than one day of a continuing violation, but only upon a finding that (1) the violation caused a serious threat of harm to the public health, safety, or welfare or that (2) the accused intentionally and unreasonably refused to comply with the code requirement. The hearing officer's decision and supporting reasons must be in writing. 5. Except for matters subject to administrative review under section 1310.040, the decision of the hearing officer is final without any further right of administrative appeal. In a matter subject to administrative review under section 1310.040, the hearing officer's decision may be appealed to the city council by submitting a request in writing to the city clerk within 10 days after the hearing officer's decision. 6. The failure to attend the hearing constitutes a waiver of the violator's rights to an administrative hearing and an admission of the violation. A hearing officer may waive this • result upon good cause shown. Examples of "good cause" are: death or incapacitating illness RJV- 233645v1 5 BR291-4 of the accused; a court order requiring the accused to appear for another hearing at the same • time; and lack of proper service of the citation or notice of the hearing. "Good cause" does not include: forgetfulness and intentional delay. 1310.040. Administrative Review. 1. The hearing officer's decision in any of the following matters may be appealed by a party to the city council for administrative review: a. an alleged failure to obtain a permit, license, or other approval from the city council as required by an ordinance; b. an alleged violation of a permit, license, other approval, or the conditions attached to the permit, license, or approval, that was granted by the city council; and c. an alleged violation of regulations governing a person or entity who has received a license granted by the city council. 2. The appeal will be heard by the city council after notice served in person or by registered mail at least 10 days in advance. The parties to the hearing will have an opportunity to present oral or written arguments regarding the hearing officer's decision. 3. The city council must consider the record, the hearing officer's decision, and any additional arguments before making a determination. The council is not bound by the hearing officer's decision, but may adopt all or part of the officer's decision. The council's decision must be in writing. 4. If the council makes a finding of a violation, it may impose a civil penalty not exceeding $2000.00 per day per violation, and may consider any or all of the factors contained in • section 1310.035(4). The council may also reduce, stay, or waive a fine unconditionally or based on reasonable and appropriate conditions. 5. In addition to imposing a civil penalty, the council may suspend or revoke a city- issued license, permit, or other approval associated with the violation, if the procedure in city code section 700.035 has been followed. The hearing required in that section will be satisfied by the hearing before the hearing officer with the right of appeal to the city council. 1310.045. Judicial Review. An aggrieved party may obtain judicial review of the decision of the hearing officer or the city council by proceeding under a writ of certiorari in district court. 1310.050. Recovery of Civil Penalties. 1. If a civil penalty is not paid within the time specified, it will constitute: a. a lien on the real property upon which the violation occurred if the property or improvements on the property was the subject of the violation and the property owner was found responsible for that violation; or b. a personal obligation of the violator in all other situations. 2. A lien may be assessed against the property and collected in the same manner as taxes. 3. A personal obligation may be collected by appropriate legal means. 4. A late payment fee of 10 percent of the fine maybe assessed for each 30 -day period, or part thereof, that the fine remains unpaid after the due date. • RJV- 233645v1 6 BR291-4 5. During the time that a civil penalty remains unpaid, the provisions of city code section 210 • apply to a license, permit, or other city approval sought by the violator or for property under the violator's ownership or control. 6. Failure to pay a fine is grounds for suspending or revoking a license related to the violation. • • RJV- 233645v1 BR291 -4 11 U V ci • 4UU4 11 •JJn1VI N0 -UU /0 F 0/! CITY OF NEW BRIGHTON • ORDINANCE NO. AN ORDINANCE ,A,DDING A NEW ARTICLE TO CHAPTER 18 ESTABLISHING A PROCEDURE FOR ENFORCING ADMINISTRATIVE OFFENSES. The City Council of the City of New Brighton, Minnesota, does hereby ordain: I. The City Code of the City of New Brighton is hereby amended by adding Article V, Administrative Offenses, to Chapter 18, Offenses, to read as follows: Article V_ Administrative Offenses Section 18 -60. Pumose. Administrative offense procedures established pursuant to this chapter are intended to provide the public and the City * an informal, cost effective, and expeditious alternative to traditional criminal charges for violations of certain ordinance provisions. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses. At any time prior to the payment of the administrative • penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the City may bring criminal charges in accordance with law. Likewise, the City, in its discretion, may choose not to initiate a, administrative off — bring criminal charges in the first instance. In the event a party partici a administrative offense procedures but does not pay the monetary penalty ay be imposed, the City will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation. Section 18 -61. Administrative Offense Defined. An administrative offense is a violation of a provision of this Code and is subject to the administrative penalties set forth in the schedule of offenses and penalties referred to in Section 18- 68 4 heze18A1, A . Section 18 -62. Notice. Any officer of the New Brighton Department of Public Safety (Police) or any other person. employed by the City, and having authority to enforce this Code, shall, upon determining that there has been a violation, notify the violator., or in the case of a vehicular violation., attach to the vehicle a notice of the violation. Said notice shall set forth the nature, date and time of violation, the name of the official issuing the notice, and the amount of the scheduled penalty. • NOV LUUC 11;4UAM NO•UU /0 V. 0/1 Section 18 -63. Pavment. Once such notice is given, the alleged violator may, within • seven (7) days of the time of issuance of the notice, pay the amount set forth on the schedule of penalties for the violation, or may request a hearing in writing, as is provided for hereafter. The penalty maybe paid in person or by mail, and payment shall be deemed to be an admission of the violation. Section 18 -64. Hearing.. Any person contesting an administrative offense pursuant to this Chapter may, within seven (7) days of the time of issuance of the notice, request a hearing by a hearing officer who shall forthwith conduct an informal hearing to detennix�e if a violation has occurred_ The hearing officer shall have authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained by the hearing officer, the violator shall pay the penalty imposed. Section 18 -65. Hearing Officer. The City Manager or -a City employee designated in writing by the City Manager shall be the hearing officer. The hearing off cer is authorized to hear and determine any controversy relating to administrative offenses provided for in this Chapter. Section 18 -66. Failure to Pay. In the event a party charged with an administrative offense fails to pay the penalty, a misdemeanor or petty misdemeanor charge may be brought against the alleged violator in accordance with applicable statutes. If the penalty is paid or if an individual is found not to have committed the administrative offense by the hearing officer, no • such charge may be brought by the City for the same violation. Section 18 -67. Disvosition of Penalties. All penalties collected pursuant to this Chapter shall be paid to the City Finance Director and may be deposited in the City's general fund. 44.4 'Y\ . Section 18 -68. Offenses and Penalties. Offenses w44ck may be charged as administrative offenses and the penalties for such offenses may be established by resolution of the City Council from time to time. Copies of such resolutions shall be maintained in the office of the City Manager. Section 18 -69. Subsequent Offenses. In the event a party is charged with a subsequent administrative offense within a twelve (12) month period of paying an administrative penalty for the same or substantially similar offense, the subsequent administrative penalty shall be increased by twenty -five percent (25 %) above the previous administrative penalty except as otherwise stated in the tine schedule or by resolution. • IIUV z LUU4 11.4+vhm N0 UUIb N• 1/I H. • This Ordinance shall be in full force and effect from and after its assaae an p b d publication. PASSED by the City Council of the City of New Brighton this day of , 2002. Steve Larson, Mayor Matthew S. Fulton, City Manager ATTEST: • Dan. Maiers Finance Director /City Clerk 1:1POD ICEW IE\DOCUMEN11ADOPPEN&WPD • I City Council Agenda Item No. 12g 03r City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members armody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: August 21, 2003 Re: Council Meeting Schedule To facilitate the joint meeting with the Financial Commission, it is requested that October 20'' joint work session be re- scheduled to start at 6:30 p.m., rather than 6:00 p.m. Based on the Council's direction, the meeting schedule would be amended to move the Study Session and Open Forum on regular City Council meeting dates to the Council Chambers from the Council Commission Conference Room. The schedule would also be amended to provide for a Work Session immediately following the regular City Council meeting on October 13 • 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cit,yofbrooklyncenter.org City Council Agenda Item No. 12h City of Brooklyn Center Office of the City Clerk A Millennium Community MEMORANDUM TO: Michael J. McCauley, City M er FROM: Sharon Knutson, City Clerk DATE: August 21, 2003 SUBJECT: Mayoral Appointment to Housing Commission Housing Commission (one vacancy) The Housing Commission is composed of a chairperson and eight members. Kathleen Carmody served on the Housing Commission until December 31, 2002, at which time notice of the vacancy was posted at City Hall and Community Center and on the City's web site, however no applications were received. An article notifying residents of the vacancy was published in the July /August 2003 City Watch newsletter. Attached for City Council Members only are copies of the applications received: Tracy Morton 6419 Kyle Avenue North Jerome Orris 5600 Aldrich Avenue North Jean Schuster 1327 67th Lane North Susan Smith 600 62nd Avenue North • A letter was sent to the applicants notifying them that their applications for appointment would be considered at the August 25, 2003, City Council meeting. Other attachments include: 1) Procedures for filling commission vacancies adopted by the City Council on March 27, 1995. 2) Memorandum from Mayor Kragness indicating her nomination. 3) Housing Commission geographical distribution of current members and applicants. 4) City advisory commission bylaws and City Council Resolution establishing Housing Commission duties and responsibilities. Recommended Council Action: Motion by Council to ratify the Housing Commission nomination by Mayor Kragness with term expiring December 31, 2003. 4 P 301 Shingle Creek Parkway y 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 Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3/27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; • 5. The City Clerk shall forward copies of the applications to the Mayor and City tY Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. • COUNCIL PROCEDURES ESTABLISHED FOR FILLING COMMISSION VACANCIES City of Brooklyn Center Office of the Mayor A Millennium Community • MEMORANDUM TO: Councilmember Kathleen Carmody Councilmember Kay Lasman Councilmember Diane Niesen Councilmember Bob Peppe FROM: Myrna Kragness, Mayor Y� DATE: August 21, 2003 SUBJECT: Housing Commission Appointment As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the following nomination to the Housing Commission: Jean Schuster 1327 67th Lane North • 0 01 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 Housing Commission Geographical Distribution (Chairperson and Eight Members) Current Members and Applicants August 21, 2003 Neighborhoods Applicants Current Members Southeast Jerome Orris Mary Barrus 5600 Aldrich Avenue North 5441 Camden Avenue North Susan Smith 600 62nd Avenue North Northeast Jean Schuster Lloyd Deuel 1327 67th Lane North 1606 72nd Avenue North Northwest Ernie Erickson • 6800 Drew Avenue North West Central Tracy Morton Kris Lawrence - Anderson 6419 Kyle Avenue North 5213 Eleanor Lane Central Judy Thorbus 6265 Brooklyn Drive Mark Yelich 6018 Beard Avenue North Southwest One (1) Vacancy. CITY OF BROOKLYN CENTER • COMMISSION BYLAWS Adopted: June 22, 1987 Amended: March 27, 1995 Pursuant to the following resolutions relating to and providing for the establishment, appointment, organization, and responsibilities of the Brooklyn Center Financial, Housing, Human Rights and Resources, Park and Recreation, and Planning Commissions, the City Council does hereby adopt these bylaws and rules for the conduct of their affairs. COMMISSION RESOLUTIONS Financial 91 -115, 92 -99, 92 -168, 95 -78, 98 -13, 99 -110 Housing 73 -140, 75 -97, 77 -22, 87 -131, 92 -136, 95 -79, 98 -13 Human Rights and Resources 68 -44, 69 -35, 71 -211, 74 -68, 87 -132, 92 -135, 93 -76, 95 -80, 98 -13 Park and Recreation 73 -25, 77 -52, 87 -133, 92 -137, 95 -81, 98 -13 Planning 87 -87, 87 -134, 92 -134, 95 -82, Ordinance 35- 201 • Article I. Officers Section 1. Personnel The officers shall consist of a Chairperson and Vice - Chairperson. Section 2. Duties The Chairperson shall preside at all meetings and shall appoint Ad Hoc Committee members and Ad Hoc Committee Chairpersons. The Vice - Chairperson shall be appointed annually by the Chairperson and shall perform such duties as may be assigned by the Chairperson, and shall assume the Chair in the absence of the Chairperson. Article II. Meetings The Commission shall hold regular meetings. Special meetings may be called at any time by the Chairperson upon sufficient notification to all Commission members. Article III. Quorum A quorum shall consist of a majority of the members of the Commission. • Article IV. Attendance • Three consecutive une c x used absences from duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. Article V. Minutes Minutes of each regular meeting, in writing, shall be provided to each Commission member prior to the commencement of the succeeding regular meeting. Article VI. Ad Hoc Committees Section 1. Structure The Commission may create Ad Hoc Committees to investigate those areas where problems relative to the Commission's purpose are recognized. Section 2. Membership Each Ad Hoc Committee shall have a Chairperson, who shall provide regular interim reports on the progress of the Ad Hoc Committee. A final report to the Commission must be submitted. • Article VII. General Provisions No member of the Commission or its Committees shall be authorized to speak on behalf of the Commission publicly, unless the Commission has first considered and approved such statements. Article VIII. Parliamentary Authority Robert's Rules of Order Newly Revised shall be the governing authority for all meetings of the Commission and for its committees. Article IX. Amendments These bylaws may be amended by a four -fifths vote of the City Council. • RESOLUTION NO. 73 -140 • RESOLUTION NO. 75 -97 RESOLUTION NO. 77 -22 RESOLUTION NO. 87 -131 RESOLUTION NO. 92-136 RESOLUTION NO. 95 -79 RESOLUTION NO. 98 -13 RESOLUTION ESTABLISHING A BROOKLYN CENTER HOUSING COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the housing situation in Brooklyn Center has reached a point in its development which requires a concentrated effort in the development of housing standards to protect the quality of life in the community; and WHEREAS, Brooklyn Center shows the beginning of some housing deterioration and it is a common fact that deterioration can quickly reach a point where repair is no longer feasible and deterioration will then spread to the entire neighborhood causing blight; and WHEREAS, for a housing program to be successful, it must involve citizen participation to tailor the program to the citizens of Brooklyn Center; and • WHEREAS, the City of Brooklyn Center being a progressive community, must commit itself to the maintenance of quality housing for its citizens. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory Housing Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Housing Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to housing. Subdivision 3. PURPOSE: The general purpose of this Commission shall be to afford citizen input in the development of a housing program to supplement the activities of the City Council. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: 1. Advise, investigate and review relevant matters for the City Council. • -1- 2. Develop an overall plan for housing in line with the comprehensive plan for • Brooklyn Center and the needs of the metropolitan area. 3. Serve as a forum for the citizens of Brooklyn Center to voice their opinions regarding housing matters. 4. Work closely with the Planning Commission and all other commissions on matters regarding housing. 5. Work with the neighborhood advisory committees of the Planning Commission to understand the housing needs of each area of Brooklyn Center. 6. Develop and recommend standards for occupancy and maintenance of housing for the community. 7. Study the feasibility of establishing an occupancy permit program in conjunction with a housing maintenance code in Brooklyn Center. 8. Investigate new and innovative concepts in housing for the community. 9. Develop and recommend programs which will provide quality housing for low and moderate income citizens. • 10. Develop and recommend a rehabilitation program as needed for existing housing in Brooklyn Center, especially for major maintenance and energy modernization proj ects. 11. Understand the financial resources available to the citizens in Brooklyn Center as it relates to housing. 12. Investigate all housing programs in terms of life safety. 13. Provide education seminars for the citizens of Brooklyn Center in matters of housing. 14. Serve as the initial review and advisory body for the Board of Appeals regarding contested compliance orders pursuant to the Housing Maintenance and Occupancy Ordinance, Sections 12 -1202 and 12 -1203. 15. Assist the Planning Commission in reviewing and discussing a redevelopment policy for the City of Brooklyn Center, and make recommendations to the City Council with regard to redevelopment in the City. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and eight (8) members, all of whom shall be appointed and serve as set forth in Subdivision 6. • -2- Subdivision 6. MEMBERS METHOD OF SELECTION -TERM OF OFFICE - REMOVAL: • Chaimerson: The Chairperson rp on shall be elected by majority vote of the Housing Commission membership. The election shall be conducted at the Housing Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Housing Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Housing Commission membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters pertaining to housing, as it relates to business under consideration by said commissions or City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Housing Commission of matters relevant to housing; 4. Provide liaison with other governmental and voluntary organizations on matters relevant to housing. • Vice Chaimerson: A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as maybe assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. -3- I Qualifications for Membership: Members of the Commission shall be residents of the City • of Brooklyn Center while serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the housing function. Representation Requirements: Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 11, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. Conflict of Interest: No Commissioner shall take part in the consideration of any matter wherein he or she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his or her interest might reasonably be expected to affect his or her impartiality. Initial Appointment: The Commission under this resolution shall become effective September 1, 1973, and shall consist of three members appointed for a term through December 1974, three members appointed for a term through December 1975, and three members appointed for a term through December 1976. Resignations- Removal from Office - Vacancies: Commissioners may resign voluntarily or • may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City Council liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; • -4- 6. The Mayor shall identify and include the nominee's application form in the City • Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. Compensation: Commissioners shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairperson during October 1973. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the commission as may be assigned by the Chairperson or the City Manager. • Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his or her Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. -5- • Subdivision 11. NEIGHBORHOODS: Neighborhoods Described: Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI -94; and on the west by Shingle Creek. Northeast Neighborhood: g od. The Northeast neighborhood shall be bordered on the south by FAI -94; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI -94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. West Central Neighborhood: The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI -94; and on the west by the west city limits. Central Neighborhood: The Central neighborhood shall be bordered on the south by County Road 10; on the east by Shingle Creek; on the north by FAI -94; and on the • west by Brooklyn Boulevard. Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. Neighborhood Advisory Committees: Commissioners shall be assigned by the Chairperson as liaison to neighborhood advisory committees of the Planning Commission. It will then be a responsibility of each neighborhood advisory committee of the Planning Commission to review housing matters and present the neighborhood attitudes and opinions on general and specific housing programs directly affecting that neighborhood. • -6- City Council Agenda Item No. 12i • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist / DATE: August 20, 2003 SUBJECT: Resolution Amending the Schedule for Rental Dwelling License Fees This resolution offers an amendment to the city's rental dwelling license fee schedule to include a separate fee for provisional licenses pursuant to the provisional license category created in An Ordinance Pertaining To The Licensing Of Rental Units In The City Of Brooklyn Center. Included with this memorandum is a table summarizing municipal rental license survey data of three metropolitan cities with provisional license requirements as part of their rental licensing program. Staff is not aware of any other metro cities that have enacted provisional license requirements. • Also included with this memorandum is a second table titled `Examples of Provisional License Fee Schedules for Various Size Rental Complexes'. This table shows what provisional license fees would be for various size complexes in the three metro cities with provisional license requirements. It also shows proposals for various percentage increases in the City of Brooklyn Center's current rental license to address a provisional license fee. The various fees represent percentage increases in the city's biennial fee schedule and are then prorated over the two year period (four 6 -month periods). Brooklyn Center's current fee schedule requires a $150 fee for each apartment building and $10 for each dwelling unit in the apartment building. The table shows percentage increases for complexes of 11, 54 and 140 units. The resolution included with this memorandum proposes a $112.50 per building and $7.50 per unit fee for a six month provisional license. • Municipal Rental License Survey Data August 2003 City Regular License Fees Provisional License Fees New Brighton Multiple Dwellings (buildings with three or more Multiple Dwellings (buildings with three or more dwelling dwelling units) are licensed and inspected annually. units) are charged $16 /unit for a six month provisional License fee is $9 /unit per year. New Brighton does not license. Affects multiple dwellings with .5 calls for charge a "per building" fee. service per unit. Brooklyn Park Apartments (1 -3 units) $150 (two year license) Level III/Provisional License — Apartments with 16 or Small Apartments (4 -15 units) $165 (one year license) more units with at or above .64 calls for service per Level I License — Apartments with 16 or more units with dwelling unit - $16.50 per unit (six month provisional .49 calls for service or less per dwelling unit - $2.75 per license). unit (six month license). Level II License — Apartments with 1 p 6 or more units Surcharge for Level III Licenses if they fail to comply with .50 to .63 calls for service per dwelling nit - $6.88 with mitigation plan is $8.25 per unit. Brooklyn Park has g g P P yn s per unit (six month license). not, as yet, used this provision Richfield 1 -4 unit rental properties are licensed and inspected Multiple Dwellings (three or more units) with .5 calls for annually. License fee is $69 for a 12 month license. For service per unit are charged $160 per year up to a four unit every rental dwelling unit over four units, an additional building for a 12 month license. For every rental dwelling $10 per unit is charged. unit over four units, an additional $18 per unit is charged. Richfield staff indicated that provisional licensing components of their ordinance have not been implemented yet and that there may be additional amendments to their ordinance. Brooklyn Center Rental Dwellings Biennial Fee Single Family Dwelling $150 Two Family Dwelling First Unit $150 Second Unit $150 Multiple Family Dwelling Each Building $150 Each Unit $10 • Examples of Provisional License Fee Schedules for Various Size Rental Complexes • City I 11 Units 54 Units 140 Units New Brighton $176 (6 month license) I $864 (6 month license ) $2 (6 month license ( Park ) Brooklyn � $181.50 (6 month license) � $891 (6 month license) � $2,310 (6 month license) Richfield $286 (12 month license *) $1,060 (12 month license *) $2,608 (12 month license* f *Ordinance not yet implemented. License period may be revised. Current Brooklyn Center Regular License Fees Pro -rated Over Two Years (Four 6- months periods) 11 Units 54 Units 140 Units Brooklyn Center $65* /Six Months I $247.50 ** /Six Months $612.50 * ** /Six Months Examples of Percentage Increases in Current Brooklyn Center Rental Fees Pro -rated Over Two Years our 6 -month periods) 11 Units I 54 Units I 140 Units 50% Increase $97.50* /Six Months $371.25 ** /Six Months ( $918.55 * ** /Six Months 100% Increase $130* /Six Months $495 ** /Six Months I $1,225 * ** /Six Months 150% Increase $162.50* /Six Months f $618.75 ** /Six Months I $1,531.25 * ** /Six Months 200% Increase $195* /Six Months I $742.50 ** /Six Months I $1,837.50 * ** /Six Months *Assumes one building * *Assumes three buildings ** *Assumes seven buildings Note: The actual fee structures for the various percentage increases would be as follows: Fee Increases Based on Biennial License Six Month Provisional Fees Per Building ( Per Unit Per Building Per Unit Existing I $150 $10 $37.50 $2.50 50% $225 $15 $56.25 $3.75 100% $300 $20 $75.00 $5.00 150% $375 I $25 $93.75 $6.25 I S 1200% 1 $450 $30 $112.50 $7.50 i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE SCHEDULE FOR RENTAL DWELLING LICENSE FEES WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution No. 2001 -113 on August 13, 2001, which amended fees to be charged for various City licenses, including rental dwellings; and WHEREAS, the City Council has determined that it desires to establish a separate fee for provisional rental dwelling licenses to offset the expenses incurred by the City for administering a provisional rental license program; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the City's fee schedule for rental dwelling licenses as follows: Multiple Family Dwelling Six Month Provisional License Fee (Five or More Units) Each Building $112.50 • Each Unit $ 7.50 BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that this resolution shall be effective upon the effective date of An Ordinance Pertaining To The Licensing Of Rental Units In The City of Brooklyn Center. Date Mayor ATTEST: 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. 12j MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: August 22, 2003 SUBJECT: James A DeBellis Compliance Order Appeal Mr. James A DeBellis submitted an appeal to a compliance order issued to him in accordance with Section 12 -1202 of the City Ordinances. The appeal was submitted on August 13, 2003. Mr. DeBellis is appealing compliance orders issued to him relative to his rental property at 5240 Drew. Mr. DeBellis paid the $50 filing fee. Following Mr. DeBellis filing of the appeal, he met with City Building Official Larry Martin relative to the specifics of the compliance orders. The meeting was on August 14, 2003. • He was informed that his appeal had been directed to the Community Development Director. I spoke with Mr. DeBellis on August 15, 2003.1 informed him that his appeal had been directed to the City Attorney and scheduled for a public hearing on August 25, 2003.1 informed Mr. DeBellis that the hearing would be in the Council Chambers of the City Hall and would be before the Council. He was also informed that the meeting would start at 7:00 P.M. • • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Larry Martin, Building Official SUBJECT: 5240 Drew Avenue North DATE: August 21, 2003 Section 8 inspections were conducted at 5240 Drew Ave Mon the following dates: 1. Apartment No. 8 Inspected 5 -9 -03 (Failed) (Ten items were identified inside the unit). • a. Reinspection conducted on 6 -2 -03 (Failed) b. Reinspection conducted on 6 -13 -03 (passed) 2. Apartment No. 1 Inspected 6 -16 -03 (Failed) 3. On 6 -30 -03 we received a faxed copy from Metro HRA of a complaint (enclosure 1) generated by Mr. DeBellis to Metro HRA. After investigating, I tried to contact Mr. DeBellis as requested by Beth Reetz from Metro HRA and Mr. Hoffinan. I left a message for Mr. DeBellis with his wife on 7 -14 -03 and never received a call back. 4. July 29, 2003, Metro HRA requested that I conduct an inspection on Apartment 10 and reinspect Apartment 1. August 4, 2003, Apartment 10 passed inspection. I then reinspected Apartment 1, the maintenance staff was addressing the compliance issues that had failed on 6 -16 -03 during my reinspection. I also verified some items that were listed as maintenance items by Mr. Lovelace on 6- 16-03 and confirmed that they were legitimate compliance requests. I also added three items to the compliance order. On August 6, 2003, a compliance order was sent to Mr. DeBellis for the items identified as maintenance issues during the Section 8 inspections. 5. On August 13, 2003, Mr. DeBellis filed an appeal. 6. On August 14, 2003, I met with Mr. DeBellis to discuss the compliance issues. (His • main concern is that we should not be allowed to address maintenance items in • common areas during a Section 8 inspection.) He also requested an extension till September 30, 2003. 7. On August 20, 2003, I sent a revised compliance letter granting an extension of the compliance date to September 30, 2003. (Enclosure two). • • Community Development • X O � yor KLYN 6301 Shingle Creek Parkway 55430 TER Phone: 763-569-3300 Fax: 763 - 569 -3494 Buildine/Housing Maintenance Compliance Order DATE: August 20, 2003 First Notice TO: James & Melanie Debellis 8397 Shadow Creek Drive Maple Grove, MN 55311 LOCATION: 5240 Drew Ave N COMPLIANCE DATE: September 30, 2003 COMPLIANCE OFFICIAL: Larry Martin The following violations of the Building Maintenance and Occunancv Ordinance were cited during a recent inspection of the above premises. These violations must be corrected on or before the compliance date indicated. Reinspection to verify code compliance is scheduled for September 30, 2003 in the pm. • Please contact us if this date creates a conflict. Failure to correct violations or to make satisfactory arrangements to correct violations acceptable to the compliance official may result in suspension or revocation of your rental dwelling license if applicable. In addition, your failure to comply may result in the issuance of a citation, which, upon conviction, is punishable by fine and/or imprisonment. The City Council adopted Res. No. 99 -172 which provides for a fee of $25.00 to be charged for each reinspection necessary after the first reinspection. The reinspection fee(s) will be payable at the time of license renewal for the property, prior to the license being issued. Section 12 -1202 of the Ordinance also provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of the Ordinance. The Appeal must be submitted to the Community Development Department, in writing, specifying the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $50.00 in cash or cashier's check. MN Statutes 504B.211 requires a landlord to give a tenant reasonable notice that entry to the rental unit may take place for the purposes of performing an inspection. Please notify your tenants of the date and time of the inspection at least 48 hours in advance. If you have any questions or comments, please contact me at 763 -569 -3344, • Monday through Friday, 8:00 a.m. to 4:30 p.m. DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION, • 12 -703 Replace smoke gasket on hinge side of door - Laundry room 12 -704 Replace damaged drywall and paint walls- Boiler room 12 -704 Fire caulk all wall penetrations - Boiler room 5 -204F Install smoke detectors in all sleeping rooms - battery operated ok. Install hardwired smoke detectors in common community halls and hallways outside of sleeping rooms in individual apartments. 12 -709 Service RPZ- Yearly inspection required, rebuild every 5 years, leave service tag on unit- Boiler room 12 -713 Complete dumpster screening. 12 -710 Replace downspouts as to direct rain water away from building foundation. • • 06/30/2003 MON 15:40 FAX 2002 JUN -2S - e3 8 Pr9 JAMES Z MELANIE DESELLIS 6123151898 P.FJ1 I I ' • T oe S Hart Dale Rued Metro HRA Fax: (6S1) 602 -1313 DATE: Jun 003 RE; Valencia VanHook Section 8 Inspection ILLEGAL HARRASSMENT & ILLEGAL INSPECTION REQUMEMENTS FROM ED LOVELACE FRONT: James A. & Melanie V. DeBetlis,,/ 8397 SHADOW CREEK DR. Maple Grove, MN 55311 Phone /FAX: (763) 315 -1898 • I 3 Pages to Follow i f URGENT 041 PLEASE DEfiV 11 47 AT � .. Dear Sharon & Dale: THIS LETTER IS To INFORM YOU THAT THE RECENT ANNUAL SE�::TION 8 INSPECTION OF VALENCIA VANHOOK'S UNIT AT 5240 DREW 91 IN BRt:►OKLYN CENTER IS HEREBY RE1ECTfiDAND VOID. This sham inspection represents furth4:rproof of harrassrnent, incompetence, and arrogance on the part of Mr. Ed Lovelace. Furtherinorc, ED LOVELACE IS HERESY BANNED FOREVER from doing Section H inspections in jny of my properties. I will gladly Fay a reasonable fee to have a qualified Minneapolis N4PHA Section 8 inspector perform inspections for me on their own time, Please make those arrangement i, Although I have received no official notification from Ed Lovelace, who reinspected un It #8 prior to his new annual inspection of unit #l, I am presuming that the Section 8 inspection f( Jennifer Fatten. ack at 5240 Drew Apt #8 in Brooklyn Center passed that re- inspection last week. The only uncompleted issue was the smoke gasket on her rear door, which is not a valid HQS issue. If for i some reason it did not pass, then I will be demanding that you ovenide the inspector s.1d pass it immediately. or Ms. Faltersack will be evicted. And because of Mr. Lovelace's sli:wness in Performing the inspection and re- inspection, and because of his harsh and inaccurate ..1spection 0 issues, i am further demanding that Ms. Faltersack's, lease begin retro- active to May 1:I. Metro 06/30/2003 u0N 15:40 FAX 11003 JUN -23 -g3 02:00 pM JAMES F- MELANIE DEBELLIS 6123151598 P.02 • Hl2A received her transfer order on April 16, one day late for a May 1 start. I am not losing two full months rent because of your poor inspector choices. The tenant has had a clean. safe. and warm place to live since May 1; she has been using my water, heat, and hot Kate- with no complaints about anything, and I deserve to get paid, We have spoken previously about the punitive manner and illegal non-HQS requiremcn :a made by the city inspectors you employ in Brooklyn Center. Now, additionally, because a coupl of weeks ago I left a phone message telling Ed Lovelace that he could not require smoke gaskets for doors on a different Section 8 inspection and that I did not agree with his assessment of 3 .:t another refrigerator door gasket, I am being harrassed and punished on a new annual Section 8 :.nspection for another tenant in a blatantly punitive and unprofessional manner. Now another refrigerator gasket and three door askets have g been written up , , alon with some common area item : that were not mentioned on his inspection of pe #1 dust last month (nor on the city inspection a 5 :w months ago). Plus. I got the notice on June 20, and he wants the work done by June 30. That' i wrong. Since Ed Lovelace could find no violations in unit #1, he again wants us to replace a infrigerator gasket. My caretaker checked that out prior to the inspection, and it's fine, He was aste i inded that it was written up. Regarding refrigerator gaskets, I need to ask you to consider these PC i nts: • I have lived in homes with refrigerators for over 52 years, and we have never even or thought about replacing a refrigerator gasket • 1 know of absolutely no human being on the face of the earth who has ever :•eplaued a refrigerator gasket (besides me, many times in Brooklyn Center). How many do you kr:iw? • Z ave had , h literally hundreds of Section 8 inspections in m 4� units over the ss�: 11 ears. Outside of Br p y p y • Bro oklyn Center I have NEVER been asked to replace one. • In the dozen -ish Section 8 inspections I have had in the past three years in Brook] y.- C r I • have been required to replace a refrigerator gasket nearly ev�,�y l me. This i TIes annual- inspections requiring the same gasket to be replaced again, (,Ue, o% -:�69 uu • Replaced gaskets (particular to the model of refrigerator; not generic) can seldom be . astal led to work as effectively as the original one. • As I have never known any other gaskets to need replacing, I can only assume that pis is not normal wear and tear, so it must rather be damage chargable to the tenant. Right ?e -- ,o ! �` • 'We just passed a city licensing inspection in that building and were issued a ne , license on March 18, 2003. As these refrigerator gaskets (and several door smoke gaskets and anc v were not written up then, either the inspector was incompetent or this work does not iiec done (and I am being harrassed). . T7q M o It is time for you to de- certify Ed Lovelace and the City of Brooklyn Center from performing any further HQS inspections. I'm sure you can #et some of the MPHA Section 8 intpectors in Minneapolis to do inspections for you on their own time. I further request that you let Mr. Lovelace know that any action in his city role to enforce any of these unnecessary inpe ::Lion items will be considered harrassment and will be immediately actionable, and the HRA will I>! a party to :uiy actio I may have to take. P� Please let me know when a new and valid annual insp has been scheduled for Ms, VanHook. . Sincerely, J • es A. DeBellis I Enclosures: Rejected Section 8 inspecion • j Inspector's letter I i i