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Home My WebLink About2003 09-22 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION September 22, 2003 6:00 P.M. City Council Chambers 1. City Council discussion of agenda items and questions 2. Discussion of Dangerous Dog Ordinance Options (continued to Work Session following Regular City Council meeting if necessary). 3. Miscellaneous 4. Adjourn i I CITY COUNCIL MEETING Public Copy City of Brooklyn Center September 22 2003 p � 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. -Patt Rogich, St. Alphonsus Parish Council Member 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. September 8, 2003 - Study Session 2. September 8, 2003 - Regular Session b. Licenses C. Proclamation Declaring October 20 -25, 2003, as World Population Awareness Week d. Resolution Declaring c ann a Public Nuisance and rim h R Dise e d Trees g Ordering the Removal of as g e. Resolution Approving Quote and Awarding Contract for 2003 Miscellaneous • Concrete Repairs, Improvement Project No. 2003 -14, Contract 2003 -F f. Resolution Approving Final Plat, STEEN ADDITION CITY COUNCIL AGENDA -2- September 22 2003 • 8. Public Hearings a. 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 -This item was first read on August 11, 2003, published in the official newspaper on August 21, 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. b. WIRTH ADDITION Development Proposal for Holiday Commissary I. 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) -This item was first read on August 25, 2003, published in the official newspaper on September 4, 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. 2. An Ordinance Vacating a Portion of Street Right -of -Way: Shingle Creek Parkway South of 69 Avenue North -Requested Council Action: - Motion to adopt ordinance. 3. Resolution Approving Final Plat, WIRTH ADDITION *Requested Council Action: - Motion to adopt resolution. 4. An Ordinance Providing for the Disposition of Land at 69 Avenue and Shingle Creek Parkway - Requested Council Action: - Motion to approve first reading and set second reading and public hearing on October 27, 2003. • 5. Resolution Authorizing a Right of Entry Agreement with Holiday Stationstores, Inc. - Requested Council Action: - Motion to adopt resolution. • CITY COUNCIL AGENDA -3- September 22, 2003 C. Public Hearing Regarding Health Care Facilities Revenue Bonds, Series 2003 - Resolution Giving Host Approval to the Issuance of Health Care Facilities Revenue Bonds, Series 2003 (Group Health Plan, Inc. Project) -This item was introduced on August 25, 2003 and is offered this evening for public hearing. *Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. 9. Planning Commission Item a. Planning Commission Application No. 2003 -017 Submitted by 1501 Freeway, LLC. Request for Rezoning and Development Plan Approval Through the Planned Unit Development (PUD) Process to Convert the Existing Best Western Hotel at 1501 Freeway Boulevard into a Senior Condominium Complex 1. Resolution Regarding Disposition of Planning Commission Application No. • 2003 -017 Submitted by 1501 Freeway, LLC. 2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (1501 Freeway Boulevard). *Requested Council Action: - Motion to adopt resolution. - Motion to approve first reading and set second reading and public hearing on October 27, 2003. 10. Council Consideration Items a. Proclamation Declaring Firefighter Recognition and Fire Prevention Week October 5-11,2003 - Requested Council Action: - Motion to adopt proclamation. b. Resolution Authorizing d Directing Debts Checks be g that Bad D b and Uncollectible C g Written Off *Requested Council Action: - Motion to adopt resolution. • CITY COUNCIL AGENDA 4- September 22, 2003 C. Ordinance Amendments 1. Emergency Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development of Religious Uses in Certain Commercial and Industrial Areas of the City -Requested Council Action: - Motion to adopt emergency ordinance. 2. Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development of Religious Uses in Certain Commercial and Industrial Areas of the City *Requested Council Action: - Motion to approve first reading and set second reading and public hearing on October 27, 2003. d. Franchise Fee Ordinances • 1. An Ordinance Imposing an Electric Franchise Fee on Northern States p g Power's Operations within the City of Brooklyn Center 2. An Ordinance Imposing a Natural Gas Franchise Fee on CenterPoint Energy Minnegasco's Operations within the City of Brooklyn Center -Requested Council Action: - Motion to approve first readings and set second readings and public hearings on October 27, 2003. 11. Adjournment • • City Council Agenda Item No. 7a II • 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 SEPTEMBER 8, 2003 CITY HALL - COUNCIL CHAMBERS 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 Kay Lasman and Bob Peppe. Councilmember Niesen arrived at 6:05 p.m. Councilmember Kathleen Carmody was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Community Development Director Brad Hoffman, Director of Public Works /City Engineer Todd Blomstrom, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Council discussed City Council agenda items l Of, g , 2004 Preliminary Budget and Property Tax Levy Report; 7d, Resolution Authorizing the Consent to Enter into a Cooperative Agreement with Hennepin County and a Joint Powers Agreement with Mn/DOT for a Traffic Study of Brooklyn Boulevard near T.H. 100; and 9a, Public Hearing Regarding 2003 Proposed Special Assessments for Delinquent Public Utility Service Accounts. Councilmember Lasman informed that she would like to verify the number of police officers patrolling City streets so that when asked by citizens she is able to answer. City Manager Michael McCauley discussed that there are 43 sworn officers and that 26 officers are on patrol. Councilmember Niesen inquired if the amount indicated in the resolution authorizing the consent to enter into agreements with Hennepin County and the Minnesota Department of Transportation with TKDA Consulting was' a fair amount for the traffic study of Brooklyn Boulevard near T.H. 100. Mr. McCauley discussed that the City's portion of the cost is one third and is a fair amount. The other two agencies will also be paying one third of the cost. Councilmember Niesen informed that she was not familiar with the public hearing process for the delinquent public utility service accounts and questioned the process. Mr. McCauley discussed the process and informed that the only time the City may lose money is when a closing takes place. • 09/08/03 -1- DRAFT MISCELLANEOUS • Councilmember Niesen asked when the cable issue would be discussed. Mr. McCauley informed that this item would be on the October 13, 2003, work session agenda. Mr. McCauley inquired if the Council was in favor of the proposed change to the City Council meeting schedule. Councilmember Niesen informed that she believes it would be helpful for the dates to be indicated if the meeting is not on a Monday. Councilmember Lasman questioned the Deer Task Force meetings. Assistant City Manager/Director of Operations Curt Boganey discussed that there are three remaining meetings scheduled for Thursdays; however, one of the Thursday meetings may be rescheduled to a Wednesday. Council discussed materials prepared by the League of Minnesota Taxpayers Association. ADJOURNMENT The Council continued its Study Session into the Informal Open Forum session at 6:45 p.m. • City Clerk Mayor s • 09/08/03 -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 SEPTEMBER 8, 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 Kay Lasman, Diane Niesen, and Bob Peppe. Councilmember Kathleen Carmody was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. • ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the Informal Open Forum at 6:50 p.m. 2• INVOCATION A moment of silence was offered. 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 7:05 p.m. ' ' 4• ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Diane Niesen, and Bob Peppe. Councilmember Kathleen Carmody was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Community Development Director Brad Hoffman, is P n, City Attorney Charlie LeFevere, and Deputy City Clerk Maria • Rosenbaum. 09/08/03 . -1- DRAFT 5. PLEDGE OF ALLEGIANCE • The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that she attended the Northwest Regional Human Rights Coalition meeting on September 2, 2003; and that the City of Brooklyn Center is seeking Random Acts of Kindness. If anyone would like to submit a Random Acts of Kindness nomination, nominations will be accepted until October 1, 2003. The nominees will be recognized at a City Council meeting in October 2003. Councilmember Niesen reported that she had contacted the Minnesota Department of Transportation (Mn/DOT) regarding the barriers and configuration along Highway 100-in Brooklyn Center. A representative from Mn/DOT informed that the configuration needed to be that way and that Highway 100 will be straightened out in mid - October. She asked that people drive slowly when driving north on Highway 100. Mayor Kragness reported that she attended a National Mn/DOT Conference event and that the Highway 100 project received a granite 2003 Lilac Way Legacy Award. She was pleased to be representing Brooklyn Center. Mayor Kragness reminded citizens about the ceremony honoring heroes that will be held on • September 11, 2003, 7:00 p.m. at the Cross of Glory Lutheran Church. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda with the addition of 8b, Presentation from Dave Looby, North Hennepin Area Chamber of Commerce President. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the August 18, 2003, special session and joint work session with the Financial Commission; and the August 25, 2003, study and regular sessions meeting minutes. Councilmember Peppe abstained from the vote of the August 25, 2003; study and regular session minutes. Motion passed. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. 09/08/03 -2- DRAFT • RENTAL Renewal: 819-2155"' Avenue North - Turning Point Inc 4819 Azelia Avenue North - Penelope Brown 4201 Lakeside Avenue North, 201 - Jack Hansen Initial: 6724 France Avenue North - Chris Prescott 7113 Fremont Avenue North - Brent and Sonja Hegle 5312 Howe Lane North - Shong Lee 5532 Knox Avenue North - William Plummer 7067 Perry Avenue North - Samuel Nwanekpe 5209 and 5211 Xerxes Avenue North - Mei Hua SIGNHANGER Schad Tracy Signs P. O. Box 357, Oronoco 7e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2003-130 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 Peppe. Motion passed unanimously. 7d. RESOLUTION AUTHORIZING THE CONSENT TO ENTER INTO A COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY AND A JOINT POWERS AGREEMENT WITH MN/DOT FOR A TRAFFIC STUDY OF BROOKLYN BOULEVARD NEAR T.H. 100 RESOLUTION NO. 2003 -131 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CONSENT TO ENTER INTO A COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY AND A JOINT POWERS AGREEMENT WITH MN/DOT FOR A TRAFFIC STUDY OF BROOKLYN BOULEVARD NEAR T.H. 100 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember • Peppe. Motion passed unanimously. 09/08/03 -3- DRAFT I 7e. RESOLUTION AUTHORIZING THE RIGHT OF ENTRY FOR THE • MISSISSIPPI RIVERBANK PROTECTION PROJECT, IMPROVEMENT PROJECT NO. 1999 -11 RESOLUTION NO. 2003-132 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE RIGHT OF ENTRY FOR THE MISSISSIPPI RIVERBANK PROTECTION PROJECT, IMPROVEMENT PROJECT NO. 1999 -11 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8. PRESENTATION 8a. PAT MILTON, BROOKLYN PEACEMAKER'S EXECUTIVE DIRECTOR Pat Milton, Brooklyn Peacemaker's Executive Director, addressed the Council to outline the materials included with the agenda. She informed the Council that the application for a Title grant is in the process of being written and that if the grant money is received, the money will allow for more in -house after care. • Mayor Kragness questioned if volunteers are needed. Ms. Milton informed that volunteers are always needed and that the requirements would be 18 years or older and someone who cares about kids. Ms. Milton discussed the annual fundraiser that Brooklyn Peacemaker holds will be at the Heart Alive Entertainment Center this year on October 10, 2003. Anyone person interested in getting tickets may contact their office, website, or e -mail. 8b. DAVE LOOBY, NORTH HENNEPIN AREA CHAMBER OF COMMERCE PRESIDENT Dave Looby, North Hennepin Area Chamber of Commerce President, addressed the Council to inform that they have created a new map similar to last year. The one thing that was different to the map this year was that the restaurant and retail areas were included. The maps are available at no charge and can be picked up at City Hall. 09/08/03 -4- DRAFT • 9. PUBLIC HEARINGS 9a. PUBLIC HEARING REGARDING 2003 PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS City Manager Michael McCauley discussed that this public hearing would be on the semi - annual delinquent public utility service accounts. 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 Peppe, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2003 -133 • Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman, Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING SEPTEMBER 14 THROUGH 20, 2003, TO BE FISCAL AND SUPPORT SERVICES WEEK Mayor Kragness read the Proclamation Declaring September 14 Through 20 2003 to be Fiscal and d Support Services Week. A motion by Councilmember Peppe, seconded b Councilmember pp , o ncilmember Niesen to adopt opt Proclamation Declaring September 14 Through 20, 2003, to be Fiscal and Support Services Week. Motion passed unanimously. 09/08/03 -5- DRAFT 10b. RESOLUTION AMENDING THE BROOKLYN CENTER CITY COUNCIL e MEETING SCHEDULE FOR 2003 Mr. McCauley discussed that this resolution would amend the Brooklyn Center City Council meeting schedule for 2003, adding a work session after each regular session meeting. RESOLUTION NO. 2003 -134 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE BROOKLYN CENTER CITY COUNCIL MEETING SCHEDULE FOR 2003 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. loc. AN ORDINANCE VACATING A PORTION OF STREET RIGHT -OF -WAY: SHINGLE CREEK PARKWAY SOUTH OF 69 H AVENUE NORTH Mr. McCauley discussed that this ordinance had been previously tabled to coordinate the adoption of the ordinance with the final plat. The final plat is not ready and it is suggested tabling adoption of this ordinance to September 22, 2003. A motion b Councilmember Lasman seconded b Councilmember Peppe • y y pp to table this ordinance to September 22, 2003. Motion passed unanimously. 10d. RESOLUTION AUTHORIZING PARTICIPATION IN THE PUBLIC SAFETY DISPATCHING STUDY Mr. McCauley discussed that this resolution would authorize the participation in the public safety dispatching study and agrees to pay the proportionate share of the study cost. RESOLUTION NO. 2003 -135 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PARTICIPATION IN THE PUBLIC SAFETY DISPATCHING STUDY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. e 09/08/03 -6- DRAFT • 10e. CODE ENFORCEMENT UPDATE Mr. McCauley outlined a PowerPoint presentation outlining the update provided by the code enforcement team. Of the 1,082 violations issued, 858 first letters were issued; 237 second letters issued; 763 compliance /thank you letters; and 9 citation/formal complaints issued. Mayor Kragness expressed that she believes it is important for the City to stay on top of repeat violators and suggested education regarding how to help repeat violators. Councilmember Lasman questioned since the code enforcement sweep was coming to an end if the orders would now be complaint driven. Mr. McCauley responded that would be correct. Councilmember Niesen asked how many violations the City is still dealing with. Mr. McCauley informed that he believes the City is still dealing with approximately 90 violations. 10L 2004 PRELIMINARY BUDGET AND PROPERTY TAX LEVY REPORT 1. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY • 2. RESOLUTION TO ADOPT THE 2004 PRELIMINARY BUDGET 3. RESOLUTION SETTING THE DATES FOR TRUTH IN TAXATION PUBLIC HEARINGS AND ADOPTION OF GENERAL FUND BUDGET FOR 2004 Mr. McCauley discussed that the Council is required to adopt a preliminary tax levy before September 15, 2003. This preliminary levy establishes the maximum ad valorem real estate taxes that may be levied in 2004. The Council may adopt a final levy in December that is lower than what is adopted, but may not adopt a levy that is higher than what is adopted this evening. He outlined a PowerPoint presentation regarding the major budget influences with the loss of $1.18 Million for 2003 and $1.68 Million in 2004 for State Aid and discussed a proposed franchise fee that would raise roughly $750,000. Donn Escher, Financial Commission Chair, addressed the Council to thank them and staff for all the work that had been done to prepare this trimmed budget. He asked that citizens remember that much of the tax increases are out of the control of the Council and that a very small portion of the taxes are the City's portion. Mayor Kragness expressed thanks to Mr. Escher and the Financial Commission for all the work they had done on this year's budget. • 09/08/03 -7- DRAFT Councilmember Niesen questioned the budget revenue and levy total amounts indicated in the resolutions. Mr. McCauley discussed that the totals will be reconciled as the budget moves forward. • She inquired if the increase that homeowners would see on their taxes would be less than $100. Mr. Escher discussed that the homeowner will see less than $100 for the real estate taxes and franchise fees; however, under State Policy, the amounts are increased by market value, which is set by the Legislature and the Governor. Mayor Kragness asked about the commercial /industrial amounts for the franchise fees. Mr. McCauley discussed that they will see some increase and will depend on the value. She inquired about setting a cap. Mr. McCauley discussed that would be something to explore when creating the franchise ordinance. Councilmember Niesen questioned the capacity of bonds when issued. Mr. McCauley discussed that there is a limit for the total market value of a community and the City of Brooklyn Center is well below the limit. Councilmember Lasman asked about the CO -OP Northwest portion that was eliminated in the operations and if there was money retained in the draft budget. Mr. McCauley discussed that there is a placeholder in the City Council budget. Councilmember Niesen questioned the process for the public hearings. Mr. McCauley discussed that the final budget and levy will be adopted at the December 8, 2003, meeting. A Truth in Taxation Hearing will be held on December 1, 2003, to receive comments and answer questions and a • continuation hearing would be held on December 8, 2003, before the regular session if the initial Truth and Taxation Hearing on December 1, 2003, was not sufficient to receive all public comments. RESOLUTION NO. 2003 -136 Councilmember L�Lsman introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed'unanimously. RESOLUTION NO. 2003-137 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2004 PRELIMINARY BUDGET • 09/08/03 -8- DRAFT • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003 -138 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SETTING THE DATES FOR TRUTH IN TAXATION PUBLIC HEARINGS AND ADOPTION OF GENERAL FUND BUDGET FOR 2004 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. lOg. AN ORDINANCE AMENDING SECTION 11 -506 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING CLUB INTOXICATING LIQUOR LICENSE INVESTIGATION FEES Mr. McCauley discussed that when Chapter 11 was amended to provide a consistent process for administering liquor licenses, Section 11 -506, subd. 7 should have had language stricken and was inadvertently overlooked in the review process. This ordinance amendment would remove the inconsistent language in Section 11 -506, subd. 7. • A motion by Councilmember Peppe, seconded by Councilmember Lasman to approve first reading and set second reading and public hearing on October 13, 2003. Motion passed unanimously. 10h. RESOLUTION MAKING FINDINGS OF FACT, CONCLUSIONS, AND ORDER IN THE APPEAL OF DEBELLIS Mr. McCauley discussed that the Council conducted a hearing at the August 25, 2003, City Council meeting and directed staff to prepare findings of fact regarding the appeal received from James DeBellis. Since that meeting the City Attorney prepared a resolution with findings of fact, conclusions, and order, and it is now up to the Council to make its disposition on the appeal. City Attorney Charlie LeFevere outlined the resolution that he had prepared and discussed the process used for the findings of facts received. He informed the Council that they should be comfortable with the findings of facts before adopting the resolution. Councilmember Peppe informed that he was able to review the videotape from the meeting on August 25 , 2003, and that he believes the appeal should be denied. If something violates a City Ordinance it should be noted and an ordinance amendment could be considered to have language included regarding City inspections during Section 8 inspections at a later date; however, the issue now should be considered as unlawful. • 09/08/03 -9- DRAFT Mayor Kragness read comments received from Councilmember Carmody since she was not present • at the meeting. Mr. DeBellis addressed the Council to express that he believes there were errors in the findings of fact numbers 5 and 6 and inquired how code violations could be written when there is nothing in the City Ordinances. Mayor Kragness discussed that some codes are State Law. Mr. DeBellis informed that the property had an annual inspection done and that since these code violations were not presented at that time, he believes that he has been singled out. Mr. DeBellis continued discussions regarding his concern with the issue of his appeal and the process. Mayor Kragness asked if the code violations have been addressed. Mr. DeBellis responded that most of them have; however, he is still working on the dumpster screening and that extensions could be put on the downspouts. He informed the Council that the hardwire for the smoke alarms had already been done. Mayor Kragness informed Mr. DeBellis that the Council had been working long and hard with rental properties to ensure that residents have a safe place to live and that she cannot fault the City inspectors for doing their job. Councilmember Peppe expressed that he believes that life safety issues should not be dismissed • during any inspection and that he would make a motion to adopt the resolution. Councilmember Lasman expressed that she believes the City inspectors were doing their jobs and that the exceptions discussed this evening by Mr. DeBellis did not change that there were violations. If there was an error in the portion of the hardwiring of the fire alarms, an apology should be made for that mistake; however, it not does negate the rest of the violations. Councilmember Niesen expressed that she does not think like the majority of the Council and believes that it is not acceptable just to bypass statements made by Mr. DeBellis. She believes that if a person comes before the Council and points out errors, as in the findings of fact, that the person should be respected and the Council should consider that there might have been a power struggle with an employee. If an employee is overstepping their bounds, the Council has no way of knowing that and she believes it is important for people like Mr. DeBellis to come forward and be respected by the Council. Councilmember Peppe called the vote. Councilmember Niesen expressed that she would not vote on this since she needs to know the legality and does not have enough information. 09/08/03 -10- DRAFT • RESOLUTION NO.2003 -139 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION MAKING FINDINGS OF FACT, CONCLUSIONS, AND ORDER IN THE APPEAL OF DEBELLIS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Councilmember Niesen abstained. Motion passed. Mr. DeBellis questioned the timeframe for coming into compliance with his appeal. Mayor Kragness asked that Mr. LeFevere review and that the City inspector reviews the hardwire issue to inquire if there was an error in that violation. 11. ADJOURNMENT There was a motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the City Council meeting at 8:49 p.m. Motion passed unanimously. • City Clerk Mayor • 09/08/03 -11- DRAFT City Council Agenda Item No. 7b City of Brooklyn Center A Millennium Community • TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: September 17, 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 September 22, 2003. MECHANICAL Northern Heating and Air Conditioning Inc. 9431 Alpine Drive NW, Ramsey Check Refrigeration 8401 73 Avenue North, Brooklyn Park • 10 01 Shingle Creek Parkway Recreation and Communit y Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org • City Council Agenda Item No. 7c PROCLAMATION DECLARING OCTOBER 20 THROUGH 25, 2003, AS WORLD POPULATION • AWARENESS WEEK WHEREAS, water is vital to the sustainability of life and has no existing substitute; and WHEREAS, the world's population of 6.3 billion is projected to increase to nearly 9 billion before leveling off; and WHEREAS, the population of the United States exceeds 291 million and it is estimated to increase to 600 million by the year 2100; and WHEREAS, a recent study revealed that 58 areas of the United States from Florida and Georgia to western Texas to northern California and southern Oregon, as well as most of heartland U.S.A. are water stressed; and WHEREAS, 1.2 billion people worldwide already lack an adequate safe water supply; and WHEREAS, 5 to 7 million people die annually from water - related diseases, including 2.2 million children under the age of five; and WHEREAS, 20 percent of the world's population in 30 countries face water shortages today, a figure expected to rise 30 percent of the world's population in 50 countries by 2025; and • WHEREAS, many water shortages stem from inefficient use, or unsustainable use of underground water in aquifers, which can take thousands of years to replace; and WHEREAS, the theme of World Population Awareness Week in 2003 is "Water: Our Most Precious Natural Resource ". NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the'consent and support of the Brooklyn Center City Council, do hereby proclaim the week of October 20 though 25, 2003, as World Population Awareness Week and urge all citizens to conserve water whenever and wherever they can, and further, reflect on ways s to ensure adequate safe water supplies for future generations. Date Mayor ATTEST: City Clerk • THE POPULATION INSTITUTE • 107 Second Street, N.E. August 19, 2003 Washington, DC 20002 (202) 544 -3300 The Honorable Myrna Kragness Fax c202> saa -ooF Office of the Mayor 6301 Shingle Creek Parkway U.S. COMMITTEE SE MAYORS Brooklyn Center MN 55430 - ON RESOURCE CONSERVATION y t AND POPULATION CHAIRMAN Dear Mayor Kragness, The Honorable Charles F. Tolley Billings, MT CHARTER MEMBERS The Honorable Jud Anderson As mayors of the largest cities in the United States, we are well aware Terre Haute, IN The Honorable Ross C. Anderson of the pressures of rapid population growth in our own communities. Salt Lake City, UT The Honorable Henr J. An As populations increase all over the world, quality of life is Warren, OH The Honorable Robert N Whiting , I compromised, most particularly for the five billion people who live in The Honorable Roger C. Claar developing nations. Bolingbrook, IL _ P 9 The Honorable Robert D. Coyne Meridian, ID The Honorable Nan Crandall S Norton Shores, MI Because rapid population growth and its impact on our natural The Honorable Preston Daniels Des Moines, IA resources should be a priority concern for all of us , we respectfully The Honorable Alvin Dupont Tuscaloosa, FL request that you proclaim the week of October 20 to 25 World The Honorable Butch Topeka KS Population Awareness Week. In recognition of one of the most The Honorable Ken Fellman CO da consequences of overpopulation this year's theme is Arvada, co 9 q r The Honorable Ross Ferraro "Water: Our Most Precious Natural Resource." Carol Stream, IL The Honorable Sue Frank Raytown, MO The Honorable Carolyn L ° °nir V ir g inia , ini - The world today is host to 1.2 billion p eople who do not have access to Virginia, MN y p p The Honorable Neil G. Giuliano Tempe, AZ safe water and 2.3 billion who lack adequate sanitation. Each year, 5 • The Honorable oll d, FL - million to 7 million people die of water -borne diseases. Rapid The Honorable Merle Gorden - Beachwood, OH population growth is adding to the severity of the current worldwide The Honorable Mary Hamann - Roland Apple Valley, MN water crisis. The world population will increase from six billion to an The Honorable Gerald Johnson DeRiddler, LA estimated 7.2 billion in the next 20 years, yet the average water supply The Honorable Kenneth P. Johnson Wood Dale, IL is expected to drop by one -third in that same time period. Despite the The Honorable Scott King Gary, IN looming future of water scarcity, consumption is increasing. The The Honorable Charlie Kouraiian /ame"own, ND world's population has tripled in the past one hundred years, but water The Honorable Stan Leach °- Moline, IL use by humans has multiplied six times. Without a global commitment The Honorable James Ledford Palmdale, CA to sustainable water management, the world will see a large majority of The Honorable Art Madrid La Mesa, CA its population living in areas where basic water requirements for The Honorable Mark Meadows East Lansing, MI drinking, cooking, or sanitation will be difficult or impossible to meet. The Honorable Ray Moss Kannapolis, NC The Honorable Rita Mullins Palatine, IL As leaders of our nation's cities we are in an excellent position to The Honorable Edwad Mulvaney Rock Falls, IL express our concern about global population. Please join us by The Honorable J. Schott Padgett - Concord, NC proclaiming the last week of October as World Population Awareness The Honorable Walter Parker Tybee Island, GA Week. Together we can make a powerful statement to our The Honorable Edward Randolph 9 P The Honorable D il K eder communities, our nation and the world about our commitment to this Seminole, FL crucial issue. The Honorable Julio Robaina South Miami, FL The Honorable Joyce Rogers Iv erness , F Sincerely The Honorable Mark Schchwie wiebert rt r Rock Island, IL - The Honorable Doug Scott - Rockford, IL The Honorable Tom Hessler Sierra Vista, GA The Honorable Peter Charles F. Tooley, May and Werner Fornos, • ton, VT T Burlington, The Honorable Ray Martinez The Population Institute Ft. Collins, CO The Honorable Sheila Young San Leandro, CA Q Committee still in formation. Printed on recycled paper. E -mail: web@populationinstitute.org Website: http : / /www.populationinstitute.org City Council Agenda Item No. 7d i • MEMORANDUM DATE: September 17, 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. • I i I Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER --------------------------------------------------------------------------------------------- PATRICIA WEITZEL 4418 66" AVE N 296 & 297 MARLIN & RITA ROEHRL 6319 UNITY AVE N 337 • CHANG YANG & MAI SHOUA LEE 6237 UNITY AVE N 338 CITY OF BROOKLYN CENTER CENTERBROOK GOLF COURSE 339, 340 & 341 CITY OF BROOKLYN CENTER 69 & HALIFAX 342 CREEK VILLAS ASSOCIATION WINGARD PLACE 343 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. i City Council Agenda Item No. 7e City of • MEMORANDUM BROOKLYN CFVM DATE: September 16, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Approving Quote for 2003 Miscellaneous Concrete Repairs, Improvement Project No. 2003 -14, Contract 2003 -F The City solicited quotes from three qualified contractors for the 2003 Miscellaneous Concrete Repairs project. The three contractors included Schmidt Curb Company (currently completing driveway repairs for Garden City Central), Midwest Concrete (subcontractor for 2003 street project), and Thomas & Sons Construction (subcontractor for 2001 street project). Prospective contractors were required to submit a quote to the City Clerk and Engineer by August 29, 2003. The City received one quote for the project from Thomas & Sons Construction in the amount of $34,326.50. • The amount of the quote appears to be reasonable given the nature of the work. The contractor will be required to complete the work while maintaining traffic on the adjacent streets and avoiding damage to existing curbs and roadway pavement. The contractor will also be required to coordinate with property owners in order to complete the project prior to the end of October. The work to be performed under this contract includes reconstruction of four residential driveways and sidewalk along 63 Avenue North and a minor repair to one driveway at 3300 62 Avenue North. The street elevation along a portion of the 3000 block of 63 Avenue was lowered 9 to 13 inches during the 2000 Garden City Central Street Reconstruction Project. The lowering of the street resulted in a substantial increase in driveway slope for the four properties located at 3012, 3013, 3019, and 310163 d Avenue North. Residents have complained of significant bumper drag problems at these driveways. City staff has confirmed the bumper drag problem. Due to the potential for vehicle damage at these driveways, the driveway repairs along 63 Avenue North should be completed this fall and not be delayed until the 2004 construction season. It is recommended that the City Council approve the attached resolution accepting the quote and awarding the 2003 Miscellaneous Concrete Repairs contract to Thomas & Sons Construction in the amount of $34,326.50. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING QUOTE AND AWARDING CONTRACT, 2003 MISCELLANEOUS CONCRETE REPAIRS, IMPROVEMENT PROJECT NO. 2003- 1 14,CONTRACT 2003 -F WHEREAS, pursuant to soliciting quotes from three qualified contractors for Improvement Project No 2003 -14, quotes were received, opened, and tabulated by the City Clerk and Engineer on the 29' day of August, 2003; and WHEREAS, the City received one quote for the work from Thomas and Sons Construction, Inc. at a price of $34,326.50. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Thomas and Sons Construction, Inc of Rogers, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2003 -14, according to the plans and specifications therefore • approved by the City Council and on file in the office of the City Engineer. 2. The project costs shall be charged to the Infrastructure Construction Fund 40700 -6530. 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. 7f MEMORANDUM a of l XBROCOKLYN CENTER DATE: September 16, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Approving Final Plat, STEEN ADDITION ............ .............. . ....... . . ............... .. ... ... . . .................. . . .... . . . .......... On May 12, 2003 the City Council approved Planning Commission Application No. 2003-003, Preliminary Plat for STEEN ADDITION, subject to the conditions recommended by the Planning Commission. ESM Limited, LLC is now seeking final plat approval to combine two parcels of land at the southeast comer of 60' Avenue North and Brooklyn Boulevard into a single lot for future office development. It is recommended that the City Council approve the final plat, subject to the conditions as specified in the attached resolution. • • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT, STEEN ADDITION WHEREAS, The City Council on May 12, 2003 approved a Preliminary Plat for STEEN ADDITION to combine two parcels of land at the southeast corner of 60 Avenue North and Brooklyn Boulevard, and WHEREAS, ESM Limited, LLC has applied for Final Plat approval as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Final Plat for STEEN ADDITION is hereby approved, subject to the following conditions: 1. Conditions as previously approved by the City of Brooklyn Center City Council and Planning Commission. 2. Any additional requirements for providing evidence of title satisfactory to the City Attorney. • 3. Any additional requirements of the City Engineer. 4. Any additional provisions of Chapter 15 of the City Ordinances. 5. Any other conditions of Hennepin County as required. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • I ----------- ---- STEEN ADiOrION RT DOC. NO. — CR DOC. N0. ------------ — T — — ce thic W. or st— loam+ 111, t-hTy am be — — S 89'28'24" W 206.93 Ic- 01 - - — --- — — — — X 'g 0 01"ot,m 1/2 nch X 14 p,h set km pip, MsA� by Ile— b,, 17006 L) Dwig, sh— we "sod o the —th Me of the K 1/4 of S 3, T—hip 118, Rwq, 21 manned 1111", *1 N 61•!1'08' W. sou. a 10, es, 1. — — ='b1' '07 .o — as S 9" a 28,24" 30 we 6 7-- . . . . . . F 928' — — — — — — — — — — — — — — — — — — — — — -- 4; 0 0 Jr. < z ::j— BROOKLYN BLVD ------ so I f _j 11.2 S 89*28'24' W 261.62 SCHOE11211. & MADSON, INC. ENGINEERS SURVEYORS * PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES • SHEET 2 OF 2 SHEETS STEEN A D *TB 10 N -- DOC. -N - - -- - - -- RT DOC. . ____________ CR DOC. NO. ------------ AND W ALL MEN BY THESE PRESENTS: That ESM L4nR.d. I.I.C. o Minnesota rnmited nowily company fee owner of the 1 hereby ewllfy that 1 how wowyed and platted the properly described an this pill as STEEN ADDITION: that this plot is a fdlovhq tlesaked properly ailvalea n the County of Hennepin. Stole of MFnefet0. to .ill• enact represenla!'mn of said solo,, that dl diislaneas are ewreclly, shown an the plot in feet and Dundredlhs of a lost: that OR maoments new been correctly placed in the pound as shorn an the plot w r d as fe ip De placed by the The Abatracl pwllon is daaaribed as: local 91wrnmenld u R; old that the ou(s;de bwndary It are cenactly designated an the plat: end that that are no .sllonds os doR." in, MS 505.02 Subd. 1. The T BOB foal of the Swill 3212 feel of Let 40. Aaalldw SabaiNelon 215. measwed an The East line of said let and With Holm Od Swth Ines pall« le the Swlh It.. of sale lot. EXCEPTING THEREFROM the East 30 teal canwyed to the V2lole of Brdddp Canna tar use of a Public atraal or road by Deed Thaatlore D. Xon,11, Lend Surwya ew th Doent No. 313!584. well Minnesota License N, 17006 ALSO EXCEPTING THEREFROM dl that part of the subjeat properly Which Hot Swth.astway o a ill nth padlel with and distant 42 feet No theastwly al the fdksing described Ins: Beginning at a The feregoirg a ' ar a cwliricota as ac4no.ledged before me this day of point the Halh IFe of: Section J. To 0 1111 Math, Range 21 Weal, distant 173487 feel Went of the North east cane 20___ by %deda4 0. Neel. Lane Swwym. thew I. then.. run $wlhslM angl4 el i 17 d as 36 mnulas OS secand. 'lh said Nalh solkn fine fa 102.12 feel; ` Ihenca da6ecl to the right an an y al angle of 17 degr. O minutes 35.2 ...ands Ia 1000 Inl and there lermnofing 2egalhw rllh o Irlanquler alas ed)dnin9 end Thoth ... loll y el the !bow described ,trip and NalhwewMy of the ldlewFq des. bad line: B.gnnin9 al a peal an lha Nalhaosledy Ownday of the obeys Eooa;b.d strip, dfslanl 30 tool Swlhamlwly al Motors PYdi4 Hennepin Cewty. NFneoolo 11. Fler aaclian .;Ill the Swlh 11.1 of 60th Avenue NaIM, thence run Nalheastaly is a pool an sak Swm line. distant 30 lost N Commission E.pbas EoslMy of wk Ftaesclich; by amended rind Cw1lReole Bed oe Document Ha 4730731. Y AND BROOKLYN CENTER, MINNESOTA The Regblaad palian is desa3ed oc This plot of STEEN ADDITION was paow el and accpted by Ills City Cwncf of the City of 9roo4fp Canto, Minnesota, of a Thal pal of the North 00.8 feel of the Swih 242.4 laal of Lot 40 as maaewe l donq the East fins of Lot 40. Auditoil requfa meeting IhwpL held this _______ day el Subtl ZO___ 11 applicable. the whim iwialan Number 216. Hennepn Cwniy. Minnesota IynlEwlwly el a line droth pentad, to old 42 feel No thewwedy of the manta one rpammenaotkn. Of the Commhakn« of Tronpalallan one the C-1, Nigh.ey Engineer now been roalwd lo6o.nq described IFe: Commmcng el the Nalh...I c w 1 Section 3, Township 118 Ren9e 21; Ihenas Was! along the North by the Cif me pr.onbad ns do The of sak $oNan 3 0{ a alliance el 1741.08 feel; thence Sou erly defecting le the fell 111 degrees. 58 mnutea, 07.7 Y er Y Palled hat «drool .ithol rocaipl of such eomments and rscommendatkw. as a ds. a dialanca o/ 101.54 feel to IM1a paint el D.gnning al the IFe to D. deaerAsd; thence Swlhpslaly, tla6ectnq le me pewketl by NFneoola Slalule; Sael;on 509.03. Sub«elakn 2. 1M�a l ot a Old Lot 2 a• Judkid s 4aMm 1of- .al /pur�w fe lo th"' ae No 1 The South line and a part el the East CITY COUNCIL Or THE CITY Or BROOKLYN CENTER Has Goofed the same to be aawyed and plotted as STEEN ADDITION, one does hweby dandle and dedicate to the public fa rook use two— the bwlawrd and Iowa, old does gaol to the Clay of Bree4lp Centel the aanoge aM ulgity By Maya enawnenls as ehath an the peal. BY NanagH In rItn'...hw..f said 4d ESM Llad, LLC. hew cowed these presents la be .;red by its proper ON— this day of 20,,. TAXPAYER SERYICES DEPARTMENT SIONEO. ESM LIMITED, LLC Hnnepn Canty, Minnesota I hereby cwlify that toles payable n 20___ and who pas how been Pak Two land dowibla an this plot. Doled this By - -_—__ doy of 20 __,r Eagan. A. SDMI«, Gonad Member Patrk4 H. O'Connor, HennpF County A.dla By D STATE OF MINNESOTA COUNTY OF __ SURVEY DIVISION than'—pl. Camty. Mnneoola The IaegoFg nwlrument was o4na «edq.d balors m. this __ day of 20___. by Eugsn. A. Shield,, Cenwd Menlo. of ESM L4nilsd. LLC. a Minnesota lhniletl liability company an behalf of the company. Pursuant le Mfm. STAT Sec. 3a3B.565 (1969} this plot has been apprewd this _ doy al 20__, Notary PuMk. _ Cethly. Minnesota WRllo, P. Broth, Hennepn Cwnly S ewya By My Cammis.ien Espies REGISTRAR OF TITLES y Hennepin Ca tyl Minn000lo g I heeby celify that the within plat of STEEN ADDITION shot Mail 1a road To this office this day of 4 20_ , at __ o,alec4 __M. Michael H. Cannot, milgWra of Title$ B. Doi n COUNTY RECORDER q Nennpn Cwnty Minn. -to S 1 hwaby ewtity Ihot the within Plat at STEEN ADDITION ..a recaa.d n 1.1. earl:. thi day of 20__, at ___ odo4 __M. NkhaN H. Lunnlll, County Recadw BY IY SCHOELL & MADSON, INC. ENGINEERS p SURVEYORS . PLANNERS SOIL TESTING a ENVIRONMENTAL SERVICES SHEET 1 OF 2 SHEETS City Council Agenda Item No. 8a Office of the City Clerk OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk jb, DATE: September 18, 2003 SUBJECT: Public Hearing: An Ordinance Amending Chapter 11 of the Brooklyn Center Code of Ordinances Regarding Hours of Operation for Liquor Establishments At its August 11, 2003, meeting, the City Council approved first reading of An Ordinarice Amending Chapter 11 of the Brooklyn Center Code of Ordinances Regarding Hours of Operation for Liquor Establishments and scheduled second reading and Public Hearing for September 22, 2003. Pursuant to Minn. Stat. § 340A.408, subd. 3a, which requires that the City hold a hearing on proposed liquor license fee increases and notify all affected licensees at least 30 days prior to the hearing, all licensed liquor establishments were notified of the date and time of the Public Hearing to consider an • amendment to the City Code of Ordinances regarding hours of operation for liquor establishments, establishing a special license, and setting additional fees. A copy of the letter dated August 13, 2003, and a list of licensed establishments is attached. Notice of Public Hearing was published in the City's official newspaper, Brooklyn Center Sun -Post, on August 21, 2003. All materials from the 11, 2003, City Council packet relating to this ordinance amendment are also included. If the City Council adopts the ordinance, the ordinance will become effective on November 1, 2003. Attachments: 1. An Ordinance Amending Chapter 11 of the Brooklyn Center Code of Ordinances Regarding Hours of Operation-for Liquor Establishments 2. Notification letter to licensed liquor establishments dated August 13, 2003 3. List of licensed liquor establishments 4. Materials provided to Council at its August 11, 2003, meeting 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 CITY OF BROOKLYN CENTER • Notice is hereby given that a ublic hearing will be held on the 22nd day of September, 2003 P g Y p > 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 Amending the City Code Regarding Hours of Operation for Liquor Establishments. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING HOURS OF OPERATION FOR LIQUOR ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City Code Section 11 -110 relating to 3.2 percent malt liquor licenses is amended as follows: Section 11 -110. CLOSING HOURS. • Subdivision 1. It shall be unlawful to sell, consume, or permit the consumption of beer in any "on- sale" establishment on any Sunday between the hours of [1 a.m.] 2 a.m. and 12 noon, or between the hours of 2 a.m. and 8 a.m. on the days of Mondav throuilh Saturday. [It shall be unlawful to sell, consume, or permit the consumption of beer in any "on- sale" establishment between the hours of 1 a.m. and 8 a.m. on any other day.] It shall be unlawful to sell, consume. or hermit the consumption of 3.2 percent malt liquor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safetv and has been issued a special license by the Citv. The annual application fee for the special license shall be $200. Subdivision 2. It shall be unlawful to sell beer in anv "off- sale" establishment on any Sundav between the hours of 1 a.m. and 12 noon. or between the hours of 1 a.m. and 8 a.m. on the days of Mondav through Saturday. Section 2. City Code Section 11 -406 relating to set -up licenses is amended as follows: Section 11 -406. CONDITIONS OF LICENSE. Subdivision 1. No establishment licensed as a bottle club may permit a person to • consume or display intoxicating liquor and no person may consume or display intoxicating liquor between [1 a.m.] 2 a.m. and 12 noon on Sundays, [and] or between [1 a.m.] 2 a.m. and 8 a.m. on Monday through Saturday. No licensee may permit a person to consume or display intoxicatine ORDINANCE NO. • liauor and no person may consume or displav intoxicating liouor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safetv and has been issued a special license by the City. The annual annlication fee for the special license shall be $200. Section 3. City Code Section 11 -511 relating to club intoxicating liquor licenses is amended as follows: Section 11 -511. HOURS OF OPERATION. 1. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premise after [1 a.m.] 2 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [1 a.m.] 2 a.m. and 8 a.m. on [any weekday] the days of Monday through Saturday. No "on- sale" shall be made after 8 p.m. on December 24. 2. Organizations who hold "on -sale club" licenses may obtain a special • license to serve intoxicating liquor between the hours of 10 a.m. on Sundays and [1 a.m.] 2 a.m. on Mondays in conjunction with the serving of food. They must show proof to the [chief of police] City Manager's desivnee that food will be sold and that a minimum of 30 persons may be served at any one time. 3. No licensee may sell intoxicatine liouor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety and has been issued a special license by the City. Section 4. City Code Section 11 -612 relating to wine licenses is amended as follows: Section 11 -612. HOURS OF OPERATION. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premises after [1 a.m.] 2 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [1 a.m.] 2 a.m. and 8 a.m, on [any weekday] the days Monday through Saturday. No "on- sale" shall be made after 8 p.m. on December 24. On Sundays, wine may be sold without a special license under the authority of an "on -sale wine" • license between the hours of 10 a.m. Sunday and [1 a.m.] 2 a.m. Monday in conjunction with the serving of food. ORDINANCE NO. • No licensee may sell wine between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safetv and has been issued a special license by the Citv. Section 5. City Code Section 11 -712 relating to intoxicating liquor licenses is amended as follows: Section 11 -712. HOURS OF OPERATION. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premises after [1 a.m.] 2 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [1 a.m.] 2 a.m. and 8 a.m. on [any weekday] the days of Mondav through Saturday. No "on- sale" shall be made after 8 p.m. on December 24. Establishments to which "on -sale liquor" licenses have been issued for the sale of intoxicating liquors may serve intoxicating liquor between the hours of 10 a.m. Sunday and [1 a.m.] 2 a.m. on Monday in conjunction with the serving of food. No licensee may sell intoxicating liquor between the hours of 1 a.m. and 2 a.m. unless the • licensee has obtained a license from the Minnesota Commissioner of Public Safetv and has been issued a special license by the Citv. The annual application fee for the Special license shall be $500. Section 6. 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 (Brackets indicate matter to be deleted, underline indicates new matter.) • Office of the City Clerk Sharon Knutson • City Clerk August 13, 2003 Companyl» Company)) «Address N Brooklyn Center, MN «PostalCode» RE: 2:00 a.m. Closing Law The 2003 Minnesota Legislative Session g S ss on passed legislation to allow for the sale of alcoholic beverages on the liquor - licensed premises until 2:00 a.m. on all days of the week effective July 1, 2003. In order to extend your hours, you must apply to the Minnesota Department of Public pp Y p Safety, Alcohol & Gambling Enforcement Division, and provide an additional license fee. The State will not approve the license if the City does not allow the sale of alcoholic beverages after 1:00 a.m. (see enclosed information from Minnesota Department of Public Safety). The City of Brooklyn Center is a Home Rule Charter City allowing the City to be more restrictive than the State. At this time, the City Code of Ordinances restricts the closing hours to 1:00 a.m. The City has received one request to extend the hours for liquor - licensed premises until 2:00 a.m. Based on this request, the City Council discussed and reviewed the 2:00 a.m. closing law at its August 11, 2003, meeting. It was the direction of the Council to amend the City Code of Ordinances relating to closing hours to 2:00 a.m. for on -sale 3.2 percent malt • liquor licenses, set -up licenses, wine licenses, club licenses, and on -sale intoxicating liquor licenses. In addition to amending the closing hours, the Ordinance Amendment also requires a special City license and additional fees for establishments choosing to stay open until 2:00 a.m. Enclosed is a copy of the proposed Ordinance Amendment. You are hereby notified via U.S. Mail of a Public Hearin to be held in the Brooklyn Center City Hall Council Hearing Y tY Chambers, 6301 Shingle Creek Parkway, Brooklyn Center, on Monday, September 22, 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard to consider an amendment to the City Code of Ordinances regarding hours of operation for liquor establishments, establishing a special license, and setting additional fees. Should you need additional information regarding the Public Hearing, please call me at 763 - 569 -3306. Sincerely, Sharon h ron Knutson, CMC City Clerk Enclosures 1. Proposed Ordinance Amendment Regarding Hours of Operation for Liquor Establishments 2. Minnesota Department of Public Safety Memo from Director Frank Ball Dated July 2003 3. Application for Optional 2 a.m. Closing License • Companyl Company Addressl PostalCode . GMRI, Inc. dba/ The 1601 55430 Olive Garden James Italian Circle Restaurant North #1253 Vallarta's #1, Inc. dba/ Vallarta's 6000 55430 Mexican Shingle Restaurant Creek Parkway AMF Bowling Centers, dba/ 6440 55430 Inc. AMF/Earle James Brown Lanes Circle North Apple American Limited dba/ 1400 55430 Partnership of Minnesota Applebee's Brookdale Neighborhood Mall Grill & Bar Chi - Chi's, Inc. dba/ Chi -Chi's 2101 55430 Mexican Freeway Restaurante Boulevard Davidson Hotel dba/ Hilton 2200 55430 Properties Mpls North Freeway • Boulevard In Good Taste Company, dba/ 1501 55430 Inc. Centerfield Freeway Bar & Cafe Blvd TGI Friday's of MN, Inc. dba/ T.G.I. 2590 55430 Friday's Freeway Blvd Flik International Corp. dba/ Flik 6155 Earle 55430 International Brown Corp at Earle Drive Brown Heritage Center Duoos Bros. American dba/ Duoos 6110 55429 Legion Post 630 Bros. Brooklyn American Blvd Legion Brooklyn Center dba/ 50's Grill 5524 55429 Restaurant, Inc. Brooklyn Boulevard Donald Castleman dba/ 1928 57th 55430 Chuckwagon Avenue Grill North Companyl Company Addressl PostalCode • City of Brooklyn Center dba/ 6301 55430 Centerbrook Shingle Golf Course Creek Parkway Davanni's, Inc. dba/ 5937 55430 Davanni's Summit Pizza and Hot Drive Hoagies Scoreboard Pizza, Inc. dba/ 6816 55430 Scoreboard Humboldt Pizza Avenue North Diamond Lake 1994 dba/ Cub 3245 55430 L.L.C. Foods County Road 10 Hark's Company, Inc. dba/ Winner 6501 55430 Gas Humboldt Avenue North Holiday Stationstores, dba/ Holiday 420 66th 55430 Inc. Stationstore Avenue • #292 North Speedway /SuperAmerica dba/ 6545 West 55430 LLC SuperAmerica River #4160 Road Speedway /SuperAmerica dba/ 190157th 55430 LLC SuperAmerica Avenue #4058 North George Y. Gerges dba/ Value 6804 55430 Food Humboldt Avenue North REF'S Sports Bar & dba/ REF'S 2545 55430 Grill, Inc. Sports Bar & County Grill Road 10 GCT - Brookdale, LLC dba/ Goose 1108 55430 Creek Tavern Brookdale & Grill Mall • DATE Page 1 of 1 �'i IIm;'VVIfiuWid BV YI dPi IuliVi iiuhi� Yi dial ii luill Ilid,ltlu" ili Iullu of Ili �IIIIV 6u d ulru Y 'lll�iwi l'''iluU3' aiYdYI9 WO N + NcahuE & G�mbli3ag €arfwcsuaent DATE: July, 2003 TO: ALCOHOL BEVERAGE INDUSTRY AND LICENSING AUTHORITIES FROM: FRANK BALL, DIRECTOR SUBJECT: 2 A. M. CLOSING LAW, 2003 LEGISLATIVE SESSION (Link to Application Below) The 2003 Minnesota Legislative Session passed legislation to allow for the sale of alcoholic beverages on the liquor licensed premises until 2:00 A.M. on all days of the week effective July 1, 2003. Licensees will need to apply for a special 2:00 A.M. license from the Alcohol and Gambling Enforcement Division (AGED) and pay a fee based on their previous annual 12 months of liquor receipts. 3.2% malt beverage licensees, set up licensees, and licenses who have not sold alcoholic beverages for the past 12 months prior to application for the 2:00 A.M. license, will pay a flat $200 fee. The 2:00 A.M. special license will run 12 months from the date of approval by the Alcohol and Gambling Enforcement Division. In addition, the new 2:00 A.M. legislation provides that local licensing authorities, (cities and counties) must inform (certify) to the commissioner (AGED) within 10 days of the issuance of all 3.2% beer licenses. Cities have for many years already been required to fulfill this certification requirement for all on sale and Sunday intoxicating liquor licenses. Now all 3.2% liquor licenses issued by cities or counties will also need to be certified to the Commissioner. This licensing authority certification is necessary whether or not a licensee is applying for the 2:00 A.M. Special License. The commissioner provides the form upon request for this certification as described below. W as plication for the Optional 2 A.M. Special Closing License and the Certification of an On sale Intoxicating Liquor and Sunday License, as , the 3.2% Malt Beverage License Certification is all on one convenient form, Form No. 9011 -2AM. This form replaces the old PS 9011 form, the On Sale and /or Sunday Certification form previously used by cities to inform the Commissioner of the issuance of their on sale intoxicating liquor licenses. The top part of the new form, 9011 -2 AM, contains all of the licensee certification information, and the bottom section contains a separate section for the Optional 2:00 A.M. license, signature requirements by cities and counties and licensee signatures. The entire form must be filled out completely and signed by the local licensing authority and the licensee in order to qualify for the 2:00 A.M. Special License. The check for the Optional 2:00 A.M. Special License is made payable to the Alcohol and Gambling Enforcement Division (AGED) in the amount indicated on the fee schedule in the 2 A.M. section of the form. Licensees making application for the Optional 2 A.M. Special License should verify with their local licensing officials that local ordinances allow for the sale of alcoholic beverages until 2 A.M. The completed 9011 - 2AM along with the check for the 2:00 A.M. license is sent to the Alcohol and Gambling Enforcement, 444 Cedar Street, Suite 133, St. Paul, MN 55101 The new Certification of Liquor License or Application for Optional 2:00 A.M. Closing Application Form 9011 -2AM follows this memo. If you would like to request the form by mail or fax or if you have any questions regarding the Optional 2:00 A.M. Special Liquor License or the requirements for On Sale Certification or the new 3.2% malt beverage license certification process, please call the Alcohol and Gambling Enforcement Division (AGED) at 651- 296 -6979. Click here for ApDlication 0 � ) 0 http: / /www.dps. state. mn. us / alcgamb /2am %20closing %20memo.htm 8/13/2003 Minnesota Department of Public Safety Page 1 of 2 Minnesota Department of Public Safety (form 9011 -2AM) t ALCOHOL AND GAMBLING ENFORCEMENT DIVISION (AGED) Alt" &OvAlin EnEm mnl 444 Cedar Street, Suite 133, St. Paul, MN 55101 -5133 Telephone 651- 296 -6979 Fax 651- 297 -5259 TTY 651- 282 -6555 CERTIFICATION OF LIQUOR LICENSE OR APPLICATION FOR OPTIONAL 2 A.M. CLOSING LICENSE Licensees: Effective July 1, 2003, complete this form to apply for optional 2 A.M. closing license and make check payable to AGED for he amount indicated below under 2 A.M. Section. You must have this form signed by vour local city or county licensing official.. Note: New Intoxicating Liquor Licensees must also purchase a $20 buyers card before establishments will be approved by AGED to receive liquor shipments from wholesalers. Make check payable to: AGED Cities and /or Counties: You are required to submit this signed form to certify the issuance of all city issued on sale intoxicating liquor and/ or Sunday liquor licenses, and 3.2% malt liquor licenses. City/County must also sign this form for 2 A.M. closing license applicants. Name of City or County Issuing License License Period: From: To: License type: (check all that apply) On Sale Intoxicating ❑ 3.2% On Sale ❑ 3.2 Off Sale ❑ Sunday Liquor❑ 2 A.M. Option❑ (On sale License fee $ (3.2% On Sale Fee $ ___j (3.2 Off Sale Fee $ ) (Sunday License Fee $ New License ❑ License Transfer ❑ Suspension /Revocation/Cancel ❑ (Former Licensee Name) (Give Dates) Licensee Name: DOB Social Security # (corporation, partnership, LLC, or Individual) Trade Name Business Address City Zip Code County Home Address Business Phone Home Phone Licensee's MN Tax ID (To apply for number called 651- 296 -6181) If licensee is a corporation, partnership, or LLC, complete the following for each partner /officer: Partner /Officer Name (First Middle Last) DOB Social Security# Address 1'��nOfficer Name (First Middle Last) DOB Social Security# Address Partner /Officer Name (First Middle Last) DOB Social Security# Address Intoxicating Liquor Licensees must attach a certificate of Liquor Liability Insura to this form. (Does not apply if only applying for Optional 2 AM license) The Insurance Certificate must contain all of the following: 1. Show the exact Licensee name (corporation, partnership, LLC etc.) and business address as shown on the license. 2. Cover completely the license period set by the city/county as shown on the license. ❑ Yes ❑ No During the past year has a summons been issued to the licensee under the Civil Liquor Liability Law. Workers Compensation Insurance is also required by all licensees: Please complete the following: Workers Compensation Insurance Co. Name Policy # Licensee's anolving for Optional 2 AM closing license. complete the following steps: 1. Fill out the above application completely acid check 2 AM box above for license type. 2. Report your previous 12 months on sale alcoholic beverage gross receipts by checking one of the following: ❑ Up to $100,000 in on sale gross receipts for alcoholic beverages - $200 2 AM license fee ❑ Over $100,000 but not over $500,000 in on sale gross receipts for alcoholic beverages - $500 2 AM license fee ❑ Over $500,000 in on sale gross receipts for alcoholic beverages - $600 2 AM license fee ❑ 3.2 % Malt Liquor licensees or Set Up License Holders - $200 2 AM license fee ❑ Did not sell intoxicating liquor for a full 12 months prior to this application - $200 2 AM license fee 3. Does your liquor license issuing city/cty/township allow the sale of alcoholic beverages until 2 AM ?❑ Yes ❑No 4. Make check payable to: Alcohol and Gambling Enforcement Division (AGED) for the amount indicated above that you have checked. Mail check and this completed and signed certification/application form to the address above. I that this license(s) has been approved in an official meeting by the governing body of the city/county and/or the city/county approves the sale of a c beverages until 2 AM. City Clerk/County Auditor Signature Date http: / /www.dps. state. mn. us / alcgamb /2 %20am %20application.htm 8/13/2003 Minnesota Department of Public Safety Page 2 of 2 Licensee Signature Date (I certify that to the best of my knowledge I have answered the above questions truthfully and correctly.) ps9011 -2am 7/2003 Alcohol Enforcement Page Return to Alcohol & Gambling Enforcement • • http: / /www.dps.state.mn.us/ alcgamb /2 %20am %20application.htm 8/13/2003 • Attached are the materials provided in August 11, 2003, • City Council Agenda Packet • Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: August 11, 2003 SUBJECT: An Ordinance Amending Chapter 11 of the Brooklyn Center Code of Ordinances Regarding Hours of Operation for Liquor Establishments City Attorney Charlie LeFevere called me this afternoon regarding the "DRAFT A" ordinance amendment relating to the 2:00 a.m. bar closing. We discussed the current liquor license fees for the various liquor licenses, and he noted that the City charges the maximum amount allowed by State Statute for wine and club licenses. He therefore believes that the City would not be allowed to charge an additional fee for the 2:00 special license, as it would increase the liquor license fee for these two types of licenses over the maximum allowable amount as set by State Statute. I've attached a "REVISED DRAFT A" that removes the license fees from the club intoxicating liquor license and the wine license. • Mr. LeFevere also noted that since the ordinance is amending liquor license fees, the liquor license holders would need to be notified of the ordinance amendment at least 30 days prior to the public hearing. The agenda indicates the second reading and public hearing would be held on September 8, 2003. In order to notify the liquor license holders of the public hearing within the required timeframe, it is recommended to hold the public hearing on September 22, 2003. Attachment: Revised Draft A 901 Shingle Creek Parkway ecreation and Community Center Phone & TDD y y Numbe r 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 • REVISED DRAFT A CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of September, 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 Amending the City Code Regarding Hours of Operation for Liquor Establishments. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING HOURS OF OPERATION FOR LIQUOR ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City Code Section 11 -110 relating to 3.2 percent malt liquor licenses • is amended as follows: Section 11 -110. CLOSING HOURS. Subdivision 1. It shall be unlawful to sell, consume, or permit the consumption of beer in any "on- sale" establishment on any Sunday between the hours of [1 a.m.] 2 a.m. and 12 noon, or between the hours of 2 a.m. and 8 a.m. on the days of Monday through Saturday. [It shall be unlawful to sell, consume, or permit the consumption of beer in any "on- sale" establishment between the hours of 1 a.m. and 8 a.m. on any other day.] It shall be unlawful to sell. consume, or hermit the consumption of 3.2 percent malt liauor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety and has been issued a special license by the City. The annual application fee for the special license shall be $200. Subdivision 2. It shall be unlawful to sell beer in any "off- sale" establishment on any Sunday between the hours of 1 a.m, and 12 noon. or between the hours of 1 a.m. and 8 a.m. on the days of Monday through Saturday. Section 2. City Code Section 11 -406 relating to set -up licenses is amended as follows: • Section 11 -406. CONDITIONS OF LICENSE. I • ORDINANCE NO. REVISED DRAFT A Subdivision 1. No establishment licensed as a bottle club may permit a person to consume or display intoxicating liquor and no person may consume or display intoxicating liquor between [1 a.m.] 2 a.m. and 12 noon on Sundays, [and] or between [1 a.m.] 2 a.m. and 8 a.m. on Monday through Saturday. No licensee may hermit a Berson to consume or disnlav intoxicating liquor and no person may consume or display intoxicating liquor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety and has been issued a sn_ ecial license by the City. The annual anplication fee for the special license shall be $200. Section 3. City Code Section 11 -511 relating to club intoxicating liquor licenses is amended as follows: Section 11 -511. HOURS OF OPERATION. 1. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premise after [1 a.m.] 2 a.m. on Sunday nor • until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [1 a.m.] 2 a.m. and 8 a.m. on [any weekday] the days of Monday through Saturday_ . No "on- sale" shall be made after 8 p.m. on December 24. 2. Organizations who hold "on -sale club" licenses may obtain a special license to serve intoxicating liquor between the hours of 10 a.m. on Sundays and [1 a.m.] 2 a.m. on Mondays in conjunction with the serving of food. They must show proof to the [chief of police] City Manager's designee that food will be sold and that a minimum of 30 persons may be served at any one time. 3. No licensee may sell intoxicating liquor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety and has been issued a special license by the City. The --antra'- &Belieatien fe f - the seeeia4 lieen.,_ shall b Qnn Section 4. City Code Section 11 -612 relating to wine licenses is amended as follows: Section 11 -612. HOURS OF OPERATION. No intoxicating liquor shall be sold • nor consumed nor permitted to be consumed within the licensed premises after [1 a.m.] 2 a.m. on • ORDINANCE NO. REVISED DRAFT A Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [I a.m.] 2 a.m. and 8 a.m. on [any weekday] the days Mondav through Saturday. No "on- sale" shall be made after 8 p.m. on December 24. On Sundays, wine may be sold without a special license under the authority of an "on -sale wine" license between the hours of 10 a.m. Sunday and [1 a.m.] 2 a.m. Monday in conjunction with the serving of food. No licensee may sell wine between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safet and has been issued a special license by the Citv. The a l t f f t - l l o shall b �00. i Section 5. City Code Section 11 -712 relating to intoxicating liquor licenses is amended as follows: Section 11 -712. HOURS OF OPERATION. No intoxicating liquor shall be sold • nor consumed nor permitted to be consumed within the licensed premises after [1 a.m.] 2 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [1 a.m.] 2 a.m. and 8 a.m. on [any weekday] the days of Mondav through Saturday. No "on -sale" shall be made after 8 p.m. on December 24. Establishments to which "on -sale liquor" licenses have been issued for the sale of intoxicating liquors may serve intoxicating liquor between the hours of 10 a.m. Sunday and [1 a.m.] 2 a.m. on Monday in conjunction with the serving of food. No licensee may sell intoxicating ligl4gr between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safetv and has been issued a special license by the Citv. The annual application fee for the special license shall be $500. • • ORDINANCE NO. REVISED DRAFT A Section 6. 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 (Brackets indicate matter to be deleted, underline indicates new matter.) • • Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J. McCauley, City M er ✓�� FROM: Sharon Knutson, City Clerk J ` DATE: August 7, 2003 SUBJECT: An Ordinance Amending Chapter 11 of the Brooklyn Center Code of Ordinances Regarding Hours of Operation for Liquor Establishments At its July 28, 2003, meeting, the City Council discussed a request that had been received from Ref's Sports Bar & Grill, 2545 County Road 10, regarding the 2:00 a.m. closing law. Council direction was to survey other cities with regard to local fees for the extended hour. Report on Local Fees The AMM (Association of Metropolitan Municipalities) recently surveyed cities in the Metropolitan area regarding the 2:00 bar closing and local fees. Hopkins and Bloomington are the only cities to date that have adopted an additional license fee. I have talked with staff from both cities regarding the local • fees, and both indicated that fees were set to offset the additional costs incurred with law enforcement activities due to the extended hour. Fees are as follows: ;„ �;. >ri, ax <:;.:,;.;a; Bloomingt p � �e: ; F: a.'::R M: % ; on Ho kins On -Sale 3.2 Percent Malt Liquor $200, $150 1 Off -Sale 3.2 Percent Malt Liquor $0 1 $0 Set -Up $01 $0 Wine $0 1 $2001 Intoxicating $500 1 $1,300 1 Club $01 $0 Off -Sale 3.2 Percent Malt Liquor On August 6, I talked with staff at the Minnesota Department of Public Safety regarding off -sale 3.2 percent malt liquor. I was informed that the legislation allowing for the 2:00 a.m. bar closing also included off -sale 3.2 percent malt liquor (i.e., convenience stores, grocery stores, gas stations). However, these establishments are exempt from the special 2:00 a.m. closing license. Draft Ordinance Amendments Brooklyn Center City Code of Ordinances, Chapter 11, sets the closing hour for liquor licensed premises at 1:00 a.m. Attached are two draft ordinances, each amending Brooklyn Center City Code of Ordinances to provide for a 2:00 a.m. bar closing for on -sale liquor establishments. Both ordinance amendments would leave the 1:00 a.m. closing hour for the off -sale 3.2 percent malt liquor. 9 01 Shingle Creek Parkway Recreation and Communit y Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org Memo to Michael J. McCauley • Page 2 August 7, 2003 Draft A includes language that requires 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. Proposed fees for the extended hour are a combination of the fees charged by Bloomington and Hopkins. The draft ordinance also imposes fees for the special 2:00 a.m. closing license as follows: Brooklyn Center Proposed Special 2:00 a.m. Closing License Fees �- On-Sale 3.2 Percent Malt Liquor $200 Set -Up I $200 Wine o ,�Q,,�" •`C� Intoxicating $500 1 �0�� Club $298-J O Draft B includes language that requires 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. Should you need additional information, please advise. • Attachments B Y((2a.m. 1. Draft Ordinance. bar closing; includes City license and fees) 2. Draft Ordinance bar closing; no City special license or fees) 3. July 24, 2003 Memorandum by City Manager Michael J. McCauley 4. July 22, 2003, Memorandum by City Clerk Sharon Knutson • • CITY OF BROOKLYN CENTER DRAFT A Notice is hereby given that a public hearing will be held on the 8th day of September, 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 Amending the City Code Regarding Hours of Operation for Liquor Establishments. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING HOURS OF OPERATION FOR LIQUOR ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City Code Section 11 -110 relating to 3.2 percent malt liquor licenses is amended as follows: • Section l l -110. CLOSING HOURS. Subdivision 1. It shall be unlawful to sell, consume, or permit the consumption of beer in any "on- sale" establishment on any Sunday between the hours of [1 a.m.] 2 a.m. and 12 noon, or between the hours of 2 a.m. and 8 a.m. on the days of Monday throup-h Saturday. [It shall be unlawful to sell, consume, or permit the consumption of beer in any "on- sale" establishment between the hours of 1 a.m. and 8 a.m. on any other day.] It shall be unlawful to sell, consume. or permit the consumption of 3.2 percent, malt liauor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safetv and has been issued a special license by the City. The annual application fee for the special license shall be $200. Subdivision 2. It shall be unlawful to sell beer in anv "off- sale" establishment on any Sunday between the hours of 1 a.m. and 12 noon. or between the hours of 1 a.m. and 8 a.m. on the days of Mondav through Saturday. Section 2. City Code Section 11 -406 relating to set -up licenses is amended as follows: Section 11 -406. CONDITIONS OF LICENSE. • ORDINANCE NO. DRAFT A Subdivision 1. No establishment licensed as a bottle club may permit a person to consume or display intoxicating liquor and no person may consume or display intoxicating liquor between [1 a.m.] 2 a.m. and 12 noon on Sundays, [and] or between [1 a.m.] 2 a.m. and 8 a.m. on Monday through Saturday. No licensee may hermit a Berson to consume or display intoxicating, liquor and no person may consume or disnlav intoxicating liauor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safetv and has been issued a special license by the Citv. The annual annlication fee for the special license shall be $200. Section 3. City Code Section 11 -511 relating to club intoxicating liquor licenses is amended as follows: Section 11 -511. HOURS OF OPERATION. 1. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premise after [1 a.m.] 2 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise • between the hours of [1 a.m.] 2 a.m. and 8 a.m. on [any weekday] the days of Mondav through Saturday. No "on- sale" shall be made after 8 p.m. on December 24. 2. Organizations who hold "on -sale club" licenses may obtain a special license to serve intoxicating liquor between the hours of 10 a.m. on Sundays and [1 a.m.] 2 a.m. on Mondays in conjunction with the serving of food. They must show proof to the [chief of police] City Manager's designee that food will be sold and that a minimum of 30 persons may be served at any one time. 3. No licensee may sell intoxicating liauor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety and has been issued a special license by the Citv. The annual annlication fee for the special license shall be $200. Section 4. City Code Section 11 -612 relating to wine licenses is amended as follows: Section 11 -612. HOURS OF OPERATION. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premises after [1 a.m.] 2 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [1 a.m.] 2 a.m. and 8 • . ORDINANCE NO. DRAFT A a.m. on [any weekday] the days Monday throuv-h Saturday. No "on- sale" shall be made after 8 p.m. on December 24. On Sundays, wine may be sold without a special license under the authority of an "on -sale wine" license between the hours of 10 a.m. Sunday and [1 a.m.] 2 a.m. Monday in conjunction with the serving of food. No licensee may sell wine between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety and has been issued a st)ecial license by the City. The annual application fee for the special license shall be $200. Section 5. City Code Section 11 -712 relating to intoxicating liquor licenses is amended as follows: Section 11 -712. HOURS OF OPERATION. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premises after [1 a.m.] 2 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [1 a.m.] 2 a.m. and 8 • a.m. on [any weekday] the days of Monday through Saturday. No "on- sale" shall be made after 8 p.m. on December 24. Establishments to which "on -sale liquor" licenses have been issued for the sale of intoxicating liquors may serve intoxicating liquor between the hours of 10 a.m. Sunday and [1 a.m.] 2 a.m. on Monday in conjunction with the serving of food. No licensee may sell intoxicating liquor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety and has been issued a special license by the City. The annual application fee for the special license shall be $500. • ORDINANCE NO. DRAFT A • Section 6. 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 (Brackets indicate matter to be deleted, underline indicates new matter.) • • • CITY OF BROOKLYN CENTER DRAFT B Notice is hereby given that a public hearing will be held on the 8th day of September, 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 Amending the City Code Regarding Hours of Operation for Liquor Establishments. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING HOURS OF OPERATION FOR LIQUOR ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City Code Section 11 -110 relating to 3.2 percent malt liquor licenses is amended as follows: • Section 11 -110. CLOSING HOURS. Subdivision 1. It shall be unlawful to sell, consume, or permit the consumption of beer in any "on- sale" establishment on any Sunday between the hours of [1 a.m.] 2 a.m. and 12 noon, or between the hours of 2 a.m. and 8 a.m. on the days of Monday through Saturday. [It shall be unlawful to sell, consume, or permit the consumption of beer in any "on- sale" establishment between the hours of 1 a.m. and 8 a.m. on any other day.] It shall be unlawful to sell, consume, or hermit the consumption of 3.2 percent malt liquor between the hours of 1 a.m. and 2 a.m._ unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety. i Subdivision 2. It shall be unlawful to sell beer in any "off- sale" establishment on any Sunday between the hours of 1 a.m. and 12 noon, or between the hours of 1 a.m. and 8 a.m. on the days of Monday throuizh Saturday. Section 2. City Code Section 11 -406 relating to set -up licenses is amended as follows: Section 11 -406. CONDITIONS OF LICENSE. Subdivision 1. No establishment licensed as a bottle club may permit a person to • consume or display intoxicating liquor and no person may consume or display intoxicating liquor ORDINANCE NO. DRAFT B between [1 a.m.] 2 a.m. and 12 noon on Sundays, [and] or between [1 a.m.] 2 a.m. and 8 a.m. on Monday through Saturday. No licensee may hermit a person to consume or disnlav intoxicating, liquor and no person may consume or disnlav intoxicating liauor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety. Section 3. City Code Section 11 -511 relating to club intoxicating liquor licenses is amended as follows: Section 11 -511. HOURS OF OPERATION. 1. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premise after [1 a.m.] 2 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [1 a.m.] 2 a.m. and 8 a.m. on [any weekday] the days of Monday through Saturday. No "on- sale" shall be made after 8 p.m. on December 24. • 2. Organizations who hold "on -sale club" licenses may obtain a special license to serve intoxicating liquor between the hours of 10 a.m. on Sundays and [1 a.m.] 2 a.m. on Mondays in conjunction with the serving of food. They must show proof to the [chief of police] City Manager's designee that food will be sold and that a minimum of 30 persons may be served at any one time. 3. No licensee may sell intoxicating liauor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety. Section 4. City Code Section 11 -612 relating to wine licenses is amended as follows: Section 11 -612. HOURS OF OPERATION. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premises after [1 a.m.] 2 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [1 a.m.] 2 a.m. and 8 a.m. on [any weekday] the days Monday through Saturday. No "on- sale" shall be made after 8 p.m. on December 24. • ORDINANCE NO. DRAFT B • On Sundays, wine may be sold without a special license under the authority of an "on -sale wine" license between the hours of 10 a.m. Sunday and [1 a.m.] 2 a.m. Monday in conjunction with the serving of food. No licensee may sell wine between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety. Section 5. City Code Section 11 -712 relating to intoxicating liquor licenses is amended as follows: Section 11 -712. HOURS OF OPERATION. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premises after [1 a.m.] 2 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [1 a.m.] 2 a.m. and 8 a.m. on [any weekday] the days of Monday through Saturday. No "on- sale" shall be made after 8 p.m. on December 24. Establishments to which "on -sale liquor" licenses have been issued for the sale of intoxicating • liquors may serve intoxicating liquor between the hours of 10 a.m. Sunday and [1 a.m.] 2 a.m. on Monday in conjunction with the serving of food. No licensee may sell intoxicating liquor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety. Section 6. 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 (Brackets indicate matter to be deleted, underline indicates new matter.) • City of Brooklyn Center A Millennium Community • To: Mayor Kragness an ouncil Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: July 24, 2003 Re: 2:00 a.m. Bar Closing Time After the legislation allowing 2:00 a.m. bar closing, we discussed waiting before taking an action until we had received a request for 2:00 a.m. bar closing and an opportunity to Y q g Pp Y see what the Metro North Convention and Visitor's Bureau and the Earle Brown Heritage Center's positions might be on the question. We have now received a request from Ref's Bar to consider changing the City ordinance q g g Y from 1:00 a.m. to a 2:00 a.m. closing time. Ms. Knutson conducted a survey of surrounding communities. That survey reveals that all of the cities adjacent to Brooklyn Center except Fridley now have 2:00 a.m. closing times. (Fridley will be discussing the • issue on August 14 Mr. Boganey advises that the Earle Brown Heritage Center is neutral on the issue. They have not experienced client requests for bar service past 1:00 a.m. yet. The Metro North Convention and Visitors Bureau has not taken a position on this issue yet. Chief Bechthold is neutral on the issue of a 2:00 a.m. closing. Based on the substantial hospitality industry in Brooklyn Center and the 2:00 a.m. closing times in the adjacent cities, except Fridley, changing our closing time to 2:00 a.m. would probably be appropriate. Some cities are charging an additional fee for a license that goes until 2:00 a.m. The State of Minnesota collects additional revenues for 2:00 a.m. closing authority from liquor license holders. Bloomington recently adopted 2:00 a.m. closing with an additional $500 fee. The item is on the agenda for City Council direction on whether you would like an ordinance revision allowing a 2:00 a.m. closing, and if so, should there be an additional fee charged by the City. 0 01 Shingle Creek Parkway Recreation and Community enter Phone y on &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 Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Cler DATE: July 22, 2003 SUBJECT: 2:00 a.m. Closing Law The 2003 Minnesota Legislative Session passed legislation to allow for the sale of alcoholic beverages on the liquor licensed premises until 2:00 a.m. on all days of the week effective July 1, 2003. Brooklyn Center City Code of Ordinances, Chapter 11, sets the closing hour for liquor licensed premises at 1:00 a.m., which was previously the State Law. The City Council discussed the 2:00 a.m. closing law at a study session on June 23, 2003, and Council agreed to leave the bar closing time in the City Code at 1:00 a.m. until a request to change the closing time is received. Ref's Sports Bar & Grill, 2545 County Road 10, has submitted a request to the City to change the closing time to 2:00 a.m. You've asked me to poll contiguous cities to find out if they will be following the new State law or keeping bar closing at 1:00 a.m. Following are the results (note: Fridley had just surveyed a number of cities with the same question, and the results of those cities are also included): • Contieuous Cities Brooklyn Park 2:00 am *: 4 requests received; Council has already authorized approval Crystal 2:00 am *; 2 requests received; Council to discuss 7/22/03 Fridley 1:00 am set by ordinance; 4 requests received; Council to discuss 8/14/03 Minneapolis 2:00 am* Robbinsdale 2:00 am* Other Cities Andover 1:00 am Blaine 1:00 am; Council to re- discuss 9/4/03 Burnsville 1:00 am; Council currently discussing Coon Rapids 1:00 am; Council open to more discussion Eden Prairie 2:00 am; Ordinance adopted 7/1/03 Lakeville 2:00 am* Maple Grove 1:00 am; Council in consideration stage New Brighton 2:00 am; Ordinance in process of change from 1:00 am New Hope 1:00 am Plymouth 2:00 am* Spring Lake Park 1:00 am; Council in discussion phase One other note of information from Fridley is that Super Valu has submitted a letter regarding Cub Foods and inquired about the 2:00 a.m. closing law. Since Brooklyn Center has a Cub Foods, I thought you might be interested in that information. *City Code adopts Statutory language 0 01 Shingle Creek Parkway Recreation and Communit y Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklynce7iter.org 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 JUNE 23, 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, Public Works Director /City Engineer Todd Blomstrom, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Councilmember Carmody inquired about City Council Agenda Item 9a, Resolution Expressing Appreciation to St. Alphonsus Home and School Association for Their Donation of $75 for the D.A.R.E. Program, and what would happen with the donation if there were no D.A.R.E Program next year. City Manager Michael McCauley discussed that the D.A.R.E. Program has been operated during the first six months of this year and that the donation will be used for this year. DISCUSSION OF OPTIONAL 2:00 A.M. BAR CLOSING Councilmember Carmody informed that she might have a conflict of interest for this topic since she is a member of a Restaurant Association. Mr. McCauley discussed that he believes there would not be a conflict of interest since she does not have a direct financial interest in an establishment. Mr. McCauley discussed that staff would recommend that the City take no action at this time. Mayor Kragness questioned if there were any bars requesting a 2:00 a.m. bar closing. Mr. McCauley responded that no bars have made a request at this time. Staff would like to review with the North Metro Convention and Visitors Bureau and the Earle Brown Heritage Center to see what their recommendation might be on this matter. 06/23/03 _1 _ • 10c. 2:00 A.M. BAR CLOSING Mr. McCauley discussed that a request had been received for a 2:00 a.m. bar closing. Staff had conducted a survey of surrounding communities and that survey revealed that all cities adjacent to Brooklyn Center except Fridley now have a 2:00 a.m. bar closing time. He suggested that it would be reasonable to consider amending the City's ordinance to a 2:00 a.m. bar closing and that the Council might wish to consider an additional fee for licensing the establishments that request a 2:00 a.m. bar closing. Mayor Kragness discussed that she would like to have other cities surveyed to inquire what fees they are charging and that she believes it would be important to add a fee since there will be added work from the City's police department. 10d. CITY OF BROOKLYN CENTER V. BRENDAN J. MCCARTHY, ET AL STIPULATION Mr. McCauley discussed that this stipulation would agree to resolve the issues raised by four property owners in connection with the Mississippi Riverbank project. A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the stipulation. Motion passed unanimously. • 10e. RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND THE CITY OF BROOKLYN CENTER Mr. McCauley discussed that this resolution would authorize the execution of an agreement between the Minnesota Department of Public Safety and the City for participation in the Safe and Sober Communities during October 1, 2003, through September 30, 2004. RESOLUTION NO. 2003 -113 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. • 07/28/03 -10- 0 DRAFT City Council Agenda Item No. 8b f CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22 °a 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 mended in the following g manner: Section 35 -1200. INDUSTRIAL PARK DISTRICT (I -1). The following properties are hereby established as being within the (1 -1) Industrial Park District Zoning classification: • TractrH;jl, I, Imo, wed L uf 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/1 -1 (Planned Unit Development/Industrial Park): bets 1 and Blo 1 Wirth Arl riitinn 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.) TBJ? � MEMORANDUM YN TER DATE: September 17, 2003 TO: Michael McCauley, City Manager FROM. Todd Blomstrom Director of Public Works SUBJECT: An Ordinance Vacating a Portion of Street Right of Way: Shingle Creek Parkway South of 69 th 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 the final plat for Wirth Addition. The final plat has been modified to address the recommendations of City staff. Engineering Division recommends approval of the proposed ordinance. • • I 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 City of Brooklyn Center has an easement for public street purposes over the following described lands,. all of which are contained within the public street known as Shingle Creek Parkway: 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. The above - described street is hereby vacated, provided, however, that a drainage and utility easement is retained and reserved within the area of the public street so vacated. Section 3. Notwithstanding the legal description provided above, it is the express intent of the City not to vacate any street or utility easements dedicated to the public in the plat of WIRTH ADDITION, as approved by Resolution No. on September 22, 2003. Section 4. 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.) • • • Vacation Sketch J 1 1�1 J I lo t �•�•i0 �'v' �, �� R�-� _ -- — WIRTH COMPANIES 2+ �' 615 2nd Avenue South Minneapolis, MN 55402 Drawing File: 2002 - 525- 721.DWG F\1 ^ v T ` Project No. 2002 -525 -L iq \ ( �M PROPOSED VACATION DESCRIPTION IME J aj 1 (� - ( �. #� ,� , \ • L_ v 1 V u u All those ports of the Northeast Quarter of the Northeast U • 1 t v `. Quarter of Section 34, Township 119, Range 21, and Government Lot 1 of Section 35, Township 119, Range 21, 2 \ 4 \�` 1 according to the government surveys thereof, and Shingle Creek Parkway as dedicated in the plats of TWIN CITIES N I A A i_ - r\ I T /! /1 T 'I INTERCHANGE PARK and EARLE BROWN FARM TOWNHOMES, '� \` C'� \ 7 U V L_ 1\ 1 N l V I L_ 1 V 1 L_ V I 1 Hennepin County, Minnesota, lying northeasterly of the 3 r le Creek Parkway, as northeasterly 9 ht of way line of Shi now toyed 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 69th Avenue North (formerly HCSAH No. 130, Plat 27) as now loyed out and traveled and southwesterly of Tract D and `4�e i1 Tract K or REGISTERED LAND SURVEY NO 1499 Hennepin ai; yr County, Minnesota. 4 11 \ .4r 7 o- � / a /•1 I hereby certify that this survey, plan or report was 4 \� / '� prepared by me or under my direct supervision and that / G .l , J ' ; I om a duly Licensed Land Surveyor under the laws of 4 �\ \� S yr; the State of Minnes o. 1 R A, I / V Kurt M. Kisch, MN License No. 23968 / July 16, 2003 NORTH l 13 Date I Duluth, MN / �1 (� �/ \ Ham Lake 0 60 I l'j �Lr �' /r J4 / \ \ / / \ Hibbing, MN SCALE 1- T I 7�7 7 �i. \ \ \ / R T .K Minnetonka, MN Phone: 052 933 -0972 Fax- lk \ Fa. 1952) 933 -1153 www.r-kuueteto.com \,_ / B110�Bl Dr.. Suite 1100• Mlnnetonlca, MN 65343 u MEMORANDUM city of • BROOKLYN ' C CENTER DATE: September 16, 2003 TO: Michael McCauley, City Manager FROM: Todd Blornstrom, Director of Public Work" SUBJECT: Resolution Approving Final Plat, WIRTH ADDITION ....... ..... . ....... . ............. . .. ...... . .......... ... ........ ... ... . I . .......... . ... ........ On July 28, 2003 the City Council approved Planning Commission Application No. 2003-010, Preliminary Plat for WIRTH ADDITION, subject to the conditions recommended by the Planning Commission. Palmer Lake Plaza, LLC is now seeking final plat approval to divide and combine five tracts of land and surplus right-of-way into two parcels at the southeast comer of Shingle Creek Parkway and 69th Avenue North. It is recommended that the City Council approve the final plat, subject to the conditions as specified in the attached resolution. • • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT, WIRTH ADDITION WHEREAS, The City Council on July 28, 2003 approved a Preliminary Plat for WIRTH ADDITION to divide and combine five tracts of land and surplus right -of -way into two parcels at the southeast corner of Shingle Creek Parkway and 69 Avenue North; and WHEREAS, Palmer Lake Plaza, LLC has applied for Final Plat approval as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Final Plat for WIRTH ADDITION is hereby approved, subject to the following conditions: J g 1. Conditions as previously approved by the City of Brooklyn Center City Council and Planning Commission. 2. Any additional requirements for providing evidence of title satisfactory to the City Attorney. • 3. Any additional requirements of the City Engineer. 4. Any additional provisions of Chapter 15 of the City Ordinances. 5. Any other conditions of Hennepin County as required. 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. WIR*ADDITION T t R.T. DOC ' P- - 2726 :1143 * is T R A T K 0 t .6 4 �)4 0 4 411 eh . A-03. 2 3 , 839. ?2 fl-, ---------- -d _,!, -, I l eA t M -N$ N j r � 8 L 0 K 1 f zzp% 1 4�" , , 7 \-- (COV N- '4719 7. 20 4 73 -0 1? 0 so 120 SCALE IN FEET 4 Fer th- farae..a ee thl. —Y ...t IN e1 T .. 1 • F—d --L 't � 5 - T 25 1- - R G 0. R.LS Me. 1499 1, --d to bw S101;3-r F - I "," -?2 0 I/ by�14 N� �t 422 4 Ath 14--t. Lk... N. 230611. v tI th. C�R- .b - — 024 d 671020 h (COT) Pr CrUfl-t.. I Till. —b- -b- 87102{ -d $71020. "k, Rl-K b.. k.td WVS '41* d�m... RLK - Kuualato. Ltd. 'L SHEET 2 OF 2 SHEETS • W/RTH AlO /T /ON R.T. DOC KNOW ALL MEN BY THESE PRESENTS: That Palmer Lake Plaza, LLC, a Minnesota limited liability company, I hereby certify that 1 have surveyed and platted the property described an this plat as WIRTH ADDITION; fee owner of the following described property situated id the County of Hennepin, State of Minnesota, to wit: that this lot Is a correct r p epreaenkation of said survey, that all distance, are that shown on the Tracts, D, H. I, L. K of Registered Land Survey No. 1499, Hennepin County. Minnesota. And those parts plat in feet and hundredths of a foot; that an monuments have been correctly placed M the ground as shown; that the outside boundary lines are correctly designated on the plot, and that there are no of Vacated Shingle Creek Parkway accruing thereto. wetlands as defined in MS 505.02. Subd. 1 to be designated an the plat. AND That City of Brooklyn Center, a Minnesota municipal corporation, fee owner of the following described property situated In the County of Hennepin. State of Minnesota, to wit- Kurt M. Kisch, Licensed Land Surveyor Lole 1 and 4, Black 1, Earle Brown Farm Townhouses, and all of those portion; of Late 2, 3, 5 and 6 to Minnesota License No. 23968 said Block 1 lying North of the following described line: STATE OF MINNESOTA Commencing at the most Southerly comer of Lot 29 in said Block 1; thence North 4 degrees 39 COUNTY OF HENNEPIN minutes 22 seconds West along the East line of Lot 29 o distance of 375.68 feet to the actual point of The foregoing aurveyGrs certificate was acknowledged before me this _ day of beginning of the fine to be described; thence North 49 degrees 54 minutes West 7.20 feet; thence - 20_ by Kurt M. Kisch, Licensed Land Surveyor. Northwesterly 318.48 feet -tang o tangential curve, concave to the Southwest, hating a radius of 650.15 feat and a emlyd angle of 28 degrees 04 minutes; thence North 77 degrees 58 minutes West tangent to said curve to the Southeasterly line of Hennepin County Road No. 130 and there terminating. AND Notary Public, Hennepin County, Minnesota My Commission expires All that pot of Lo! 29. Block 1 Earle Brawn Farm Townhouses lying North of the adjacent to the /al described deaed line: BROOKLYN CENTER, MINNESOTA Commencing at the most Southerly toner of sold tat 29; thence North 4 degrees 39 minute, 22 seconds West along the East line of Lot 29 a distance of 375.68 feet to the actual point of beginning This plat of WIRTH ADDITION was approved and accepted by the City Council of Brooklyn Center, of the Tine to be described; thence North 49 degrees 54 minutes West 7.20 feet; thence Northwi,terty Minnesota at a regular meeting there, /, hold this day of 20 318.48 feet along a tangential curve, concave to the Southwest, having a radius of 650.15 feet and a I/ applica6 da fe, the written comments and recommentions of the Commissioner of Transportation central angle of 28 degrees 04 minutes; thence North 77 degrees 58 minutes West tangent to sold and the County Highway Engineer hove bem received by the City or the pre.crlbed 30 day curve to the Southeasterly line of Hennepin County Road No. 130 and there terminating. period has lapsed with receipt of such comments and recommendottana, as provided by Minnesota Statute., Section 505.03, Subd.2. And those pots of Vacated Shingle Creek Parkway accruing thereto. Have caused the acme to be surveyed and platted as WIRTH ADDITION and do hereby donate and dedicate CITY COUNCIL OF BROOKLYN CENTER, MINNESOTA to the public for public use forever the Avenue and Parkway as shown an this plat. By. Mayor By. Manager In witness whereof sold Palmer Lake Plaza, LLC, a Minnesota limited liability company, has caused these presents to be signed by Its proper officer, this _ day of 20_ TAXPAYER SERVICES DEPARTMENT, Hennepin County, Minnesota Signed: Palmer Lake Plaza, LLC I hereby certify that taxes payable In 20_ and prim years have been paid for land described Its an this plat. Dated this _ day of 20_. STATE OF Patrick H. O'Connor. Henn Count Audlto B COUNTY OF spin Y y Deputy The foregoing Inst —mt woe acknowledged before me thin day of . 20_ by Its , of Palmer Lake Plozo, U.C. a Minnesota limited liability company, an behalf of the company. SURVEY DIVISION, Hennepin County, Minnesota Pursuant to Minnesota Statute See.3838.565 (1969), this pfat has been approved this Notary musk County, __ day of 20_. My Commission Exp'ea- - William P. Brown, Hennepin County Surveyor By In witness whereof said City of Brooklyn Center, has caused these presents to be signed by its proper officers Minnesota REGISTRAR OF TITLES. Horne y, this _ day of , 20_ pin Count 1 hereby certify that the within plot of WIRTH ADDITION was feed far record M Signed: City of Brooklyn Canter this office, this _ day of 20_, at _ o'clock gy m. Signed By. its Michael H. Cunniff, Registrar of Titles By Deputy Signed B,r Its STATE OF COUNTY OF The foregoing instrument as acknowledged before me this day of 20_, by its and its of City of Brooklyn Center, o Minnesota municipal corporation, on behalf of the corporation. Notary Public, County. My Commission Expires mss/ RLK - Kuusisto, Ltd. SHEET t OF 2 SHEETS MEMORANDUM BRO%LYN CF.NTRR DATE: September 17, 2003 TO: Michael McCauley, City Manager Curt Boganey, Assistant City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: An Ordinance Authorizing the Sale of Property at the Corner of Shingle Creek Parkway and 69 Avenue North The City of Brooklyn Center owns fee simple title to a portion of the land included in the final plat for Wirth Addition. This portion of land includes the current alignment of Shingle Creek Parkway. Most of the City -owned land will be dedicated to street use in the final plat for Wirth Addition, but a small portion is proposed to be included in Lot 2, Block 1 of the new plat. In order to accomplish this, the fee title to that small piece (roughly 1600 sq. ft) needs to be conveyed to Palmer Lake Plaza, LLC (or other grantee as designated by Palmer Lake Plaza, LLC). The street vacation is on the agenda for the September 22, 2003 City Council. However, the • vacation of the street and the approval of the plat for Wirth Addition are not sufficient by themselves to transfer the City's fee interest for this portion of property within Lot 2, Blockl . The Council needs to approve the fee transfer by ordinance for this small piece of land as identified on the attached figure. A copy of the ordinance is also attached for your review. Consistent with the City Charter, a first reading to establish a date for a second reading and public hearing to consider an ordinance authorizing the sale of property is requested for October 27, 2003. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 27th day of October, 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 Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO, AN ORDINANCE PROVIDING FOR THE DISPOSITION OF LAND AT 69 AVENUE AND SHINGLE CREEK PARKWAY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Real property owned by the City and legally described as follows: That part of Lot 2, Block 1, WIRTH ADDITION, embraced within Lot 29, Block 1 EARLE BROWN FARM TOWNHOMES, Hennepin County, Minnesota shall be conveyed to SPM Construction Company, a Minnesota Corporation (or other grantee as designated by SPM Construction Company) by quit claim deed, in consideration for $1.00 and other good and valuable consideration. The quit claim deed shall expressly reserve easements of record in favor of the City. This conveyance is not intended to include the City's fee title to that part of Shingle Creek Parkway as dedicated in the plat of WIRTH ADDITION which is embraced within the plat of EARLE BROWN FARM TOWNHOMES. Section 2. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 2003. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeouts indicate matter to be deleted, underline indicates new matter.) • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 27th day of Oetober, 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 PROVIDING FOR THE ]DISPOSITION OF LAND AT 69 AVENUE AND SHINGLE CREEK PARKWAY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Real property owned by the City and legally described as follows: That part of Lot 2, Block 1, WIRTH ADDITION, embraced within Lot 29, Block 1 EARLE BROWN FARM TOWNHOMES, Hennepin County, Minnesota • shall be conveyed to Palmer Lake Plaza, LLC (or other rantee as designated b g g Y Palmer Lake Plaza, LLC) by quit claim deed, in consideration for $1.00 and other good and valuable consfderation. The quit claim deed shall expressly reserve easements of record in favor of the City. This conveyance is not intended to include the City's fee title to that part of Shingle Creek Parkway as dedicated in the plat of WIRTH ADDITION which is embraced within the plat of EARLE BROWN FARM TOWNHOMES. Section 2. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2003. ATTEST: Mayor City Clerk Date of Publication • Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) • ` ,��, : e g H WI 70AOO /T /ON 1 R.T. DOC. . ' ' s''• � y A /i''N'— = d -u OAF4-4. -1, \ ' \ ! , is � Tfty , T R A C T to I g tt t \ � � \ _ % ��• /� /J n ^ fie r -;�,a • \ +/ ! _•_"_-� / \ q' \ L,�4n• NI91 19•N' a � ay d' p v 5u6'uf J ill CN �;�.�,, \� y •r\ / / . / 1 �' -0 B It ° B° 120 l( \ WAE IN { c ` Br u. p.P.... S1B� 0, ILLS Ns. /,BB Is ehh r.v.] tA. and m. 77• .r ]md • rs�e ..m.....1. N ..w.nW V b.r 7E. O 2 b,d sr la Nd ym ma..nM wt 1 e Try.e �& II —t u..,.. N4 ao°a � Pr (I : .r Ita 6 02 -d y \ 77 T K b— mt. sl M. numb d B)iBi4 m1 QIB30 h— (cot) Pr GrNlk.lw d W. riumb.n B7I074 mW B7I016 1�L.L� b..n nlal.d OOCB',1• dsdW.. / !V RLK - Ku —Into. Ltd. C), 1 SHEET 2 OF 2 SHEET MEMORANDUM XBROWUYN rBB DATE: September 17, 2003 TO: Michael McCauley, City Manager Curt Boganey, Assistant City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: A Resolution Authorizing A Right Of Entry Agreement with Holiday Stationstores, Inc. In order to complete construction of planned improvements on Lot 2, Block 1 of the Wirth Addition Plat, Holiday Stationstores, Inc. wants to close on the sale of the lot as soon as possible after Council approval of the plat and street vacation. To expedite that closing process, the owner is requesting that a right of entry agreement be developed with the city for the portion of city owned property to be conveyed to Lot 2, Block 1. This property is described in the previous City Council agenda item (roughly 1600 sq. ft). The agreement would allow Holiday to enter onto the property for construction purposes while the sale of this property is being completed through the required city ordinance process. The City Attorney will prepare this agreement for execution. • A resolution authorizing the City Manager and Mayor to execute an agreement with Holiday Stationstore, Inc. to allow entry onto the subject property is provided for consideration by the City Council. • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING A RIGHT OF ENTRY AGREEMENT WITH HOLIDAY STATIONSTORES, INC. WHEREAS, Holiday Stationstores, Inc wishes to expedite the purchase of Lot 2, Block 1 of the proposed Wirth Addition Plat; and WHEREAS, Lot 2, Block 1 includes a small portion of property that the City of Brooklyn Center owns fee simple title; and WHEREAS, Holiday Stationstores, Inc. is requesting to develop and execute an agreement with the City of Brooklyn Center to enter the above described property prior to completion of the ordinance authorizing the sale of this property. 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor and City Manager be and hereby are authorized to execute an agreement Holiday Stationstores Inc. for entry onto City - owned property within Lot 2, Block 1 of the final plat for Wirth Addition. • Date Mayor ATTEST: City Clerk The motion for the 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. 8c Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS, SERIES 2003 (GROUP HEALTH PLAN, INC. PROJECT) WHEREAS, Group Health Plan, Inc., a Minnesota nonprofit corporation ( "Group Health "), currently operates facilities located at 6845 Lee Avenue North in the City of Brooklyn Center (the "Local Facilities "). WHEREAS, Group Health has proposed that the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and the City of Minneapolis, Minnesota, jointly issue Health Care Facility Revenue Bonds in the approximate principal amount of $85,000,000 (the "Bonds ") to finance or refinance various capital expenditures made by Group Health in approximately 9 cities located throughout the State of Minnesota, including the Local Facilities. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, requires that each municipality in which facilities to be financed or refinanced by the Bonds are located must approve the issuance of the Bonds following a public hearing. WHEREAS, a public hearing on the issuance of the Bonds to finance or refinance capital costs incurred at the Local Facilities was held by the City on this date. • WHEREAS, the Bonds are payable solely from revenues of Group Health, will not be a general or moral obligation of the City of Brooklyn Center, the Housing and Redevelopment Authority of the City of Saint Paul, the City of Minneapolis or any other political subdivision but will be payable solely from revenues of Group Health to the extent and in the manner provided in the documents executed in connection with the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City hereby gives the host approval required under the Internal Revenue Code to the issuance of the Bonds. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: • whereupon said resolution was declared duly passed and adopted. I i RESOLUTION NO. • STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) CITY OF BROOKLYN CENTER ) I, the undersigned, being the duly qualified Clerk of the City of Brooklyn Center, Minnesota, do hereby certify that I have carefully compared the attached and foregoing copy of Resolution No. of the said City of Brooklyn Center with the original thereof on file in my office, and the same is a full, true and complete copy of said Resolution No WITNESS MY HAND as such Clerk this day of , 2003. • Clerk • City Council Agenda Item No. 9a • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning S cialist Subject: City Council Consideration Item - Planning Commission Application No. 2003- 017 Date: September 17, 2003 On the September 22, 2003 City Council agenda is Planning Commission Application No. 2003- 017 submitted by 1501 Freeway, LLC requesting Rezoning and Development Plan approval through the Planned Unit Development (PUD) process to convert the existing Best Western Hotel at 1501 Freeway Boulevard into a senior condominium complex.. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2003 -017 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's • consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their September 11, 2003 meeting and was recommended for approval through Planning Commission Resolution No. 2003 -02. It is recommended that the City Council, following consideration of this matter, approve the application. A resolution approving the application containing various findings, considerations and conditions 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. • • Application Filed on 8 -14 -03 City Council Action Should Be Taken By 10 -13 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -017 Applicant: 1501 Freeway, LLC Location: 1501 Freeway Boulevard Request: Rezoning/Development Plan Approval - PUD /C -2 The applicant, Daniel S. Schleck, an attorney representing 1501 Freeway, LLC, is seeking rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development /Commerce) and development plan approval through the Planned Unit Development (PUD) process to convert the existing 227 unit Best Western Hotel located at 1501 Freeway Boulevard into an 80 to 110 unit upscale senior condominium development. The property in question is zoned C -2 and is located at the southwest corner of Freeway Boulevard and Humboldt Avenue North. It is bounded on the north by Freeway Boulevard with I -1, R -5 and C -2 zoned property containing an industrial building, a portion of The Pines apartment complex and a gasoline service station/convenience store /car w t ash on he opposite side of the street; on the east b Humboldt Avenue and the. PP , Y Humboldt Avenue overpass with single family homes on the opposite side of the street; on the south by C -2 zoned property containing the Cracker Barrel Restaurant; and on the west by the east leg of James Circle with C -2 zoned property containing the Comfort Inn and an Asian Food • Market on the opposite side of the street. The applicant's plan is to convert what they have described as "an economically challenged hotel facility" and replace it with an upscale, revitalized senior market rate housing alternative. They also offer to provide residents of Brooklyn Center access to the community spaces within the hotel for use as a senior center or for other activities without any cost to the city. The applicant is seeking the PUD /C -2 rezoning to accommodate the above proposed conversion even though the multi - residential use of the property is not an acknowledged use in the underlying C -2 zone. The PUD designation, which allows flexibility in land development and redevelopment, can authorize regulations governing uses and structures to be modified expressly by conditions imposed by the City Council at the time of the rezoning. Allowing conversion of the hotel to a market rate senior condominium multi - residential use of the property while retaining the C -2 (Commerce) underlying zoning designation is appropriate because it allows the zoning designation to be consistent with the City's Comprehensive Plan which acknowledges a general commerce zoning designation for this area. Generally, the C -2 district requirements will be applied to the conversion proposal for the market rate senior condominium. Any other multi - residential use of the property is not considered acceptable and if the market rate senior condominium use is abandoned, only a use consistent with C -2 zoning will be allowed. Other factors that need to be determined are the allowable density for the proposal and possibly some modifications to site plan requirements. • 9 -11 -03 Page 1 • As the Planning 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 district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district (in this case C -2) would apply to the development proposal. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. As mentioned, in this case, the applicant will be seeking modifications to the district requirements to allow a multi- family residential use, for a market rate senior condominium and possibly some other site modifications depending upon the final agreed upon conversion plan. Their proposal for offsetting these modifications is to provide a use of the property that is perceived to be needed in the community. They believe the changes and modifications to the site will be an asset to the community and compatible with the surrounding land uses. The Planning Commission's attention is directed to Section 35 -355 of the City's Zoning Ordinance, which addresses Planned Unit Developments (attached). RFZONTNCT 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 applicant has submitted a written narrative (attached) describing their proposal along with written comments relating to the Rezoning Evaluation Policy and Review Guidelines. 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 principles. 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 applicant contends that their proposal will meet a public need and provide a significant public benefit associated with the conversion of what they describe "an economically challenged hotel facility" and replace it with an upscale revitalized senior market rate housing alternative in the City of Brooklyn Center. They also note that • 9 -11 -03 Page 2 • they propose to make the community spaces within the complex available for public utilization. The applicant also indicates that their development would be a compatible and complimentary use within the constraints of the Planned Unit Development in the C -2 zone. They indicate further their belief that there is a need for this type of market rate senior housing. The conversion allows the economically challenged hotel facility to be put to a viable use. The public benefit of this development can be considered the utilization of this property in a manner consistent with the development criteria of the city. It is not anticipated that this development will be a detriment to the community but, on the other hand, be a positive factor for the community. It does seem to make good use of a building that is being under utilized and can be considered compatible with surrounding land uses. b. Is the proposed zoning consistent and compatible with the surrounding land use classifications? The applicant contends that the development is consistent with the surrounding area as it is located directly adjacent to both a single family neighborhood on one side and very close to a multi - family development on the other. They indicate that this development would provide excellent transitional land use between the commercial and residential parts of the city. • We would concur with the comments that are made with respect to this guideline. We believe, as will be shown later in the site plan review, that the proposal can be considered consistent and compatible with surrounding land use classifications. The residential use of the facility does mix with the multi- residential to the north and the single family residential areas separated from the site by Humboldt Avenue. The Brooklyn Center Junior /Senior High School is on the opposite corner from this site. The proposed multi- residential use of the property for a single condominium is compatible with this use also. The real question is the long range use of the property as anything other than a senior condominium. The applicant has indicated throughout his proposal that he believes this to be a viable use of the property. Staff would comment that we do not see a general multiple residential use of the property as a benefit to the community. It is for this reason that we have recommended that the underlying zoning district remain C -2 and if the market rate senior condominium multi- family use of the property ceases, that the reuse of the property be as General Commerce. This is consistent with the long range Comprehensive Plan for this area. • 9 -11 -03 Page 3 • c. Can all proposed uses in the proposed zoning district be contemplated for development of the subject property? The applicant makes no direct comment with respect to this guideline. The staff comments are as indicated in Point B above. The long -range uses under the C -2 underlying zoning district can be contemplated for development if there is a change in the proposed land use. As indicated previously, only a market rate senior condominium use of the property is considered acceptable. d. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? The applicant comments that there have not been significant changes in the land use of the property since it was originally zoned and notes that given the senior nature of the development, utilization of the property for housing as a contemplated use would be allowed if completed pursuant to a PUD. He also notes that the contemplated development will bear completely the requirements of city ordinances with no request for a variance. The applicant's comments are correct. There have been no substantial physical or zoning classification changes in the immediate area. The C -2 underlying zoning • designation with this proposed PUD is believed to be an appropriate zoning designation for the land in question. The departure to allow a multi - residential use is seen as a reasonable request with accompanying public benefits. To some extent the transient lodging use of the motel could be considered consistent with multi - residential use of the property, therefore, the proposed use is not a total departure from the use already taking place on the site. e. In the case of City initiated zoning proposals, is there a broad public purpose evident? This evaluation criteria is not applicable in this case because it is not a City initiated rezoning proposal, but rather a developer initiated proposal. f. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? The applicants have commented that they believe the contemplated redevelopment will bear completely the requirements of city ordinances with no request for variances. We believe the subject property under this proposal can bear fully the development restrictions for this Planned Unit Development possibly with some minor needed deviations from the standard ordinance requirements. As we will review further under • 9 -11 -03 Page 4 • the development plan aspect of this proposal, there are such things as the location of a bank of garages along James Circle, which should be set back further than what is contemplated. For the most part, with some additional modifications to the plans, it can be determined that the property will meet the restrictions required. g. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? Although the applicant doesn't state this directly, they have indicated that the continued use of the property as a motel is marginal at best. There are a number of hotel rooms in this immediate area as well as along the 94/694 corridor. Significant modification to this site would have to be undertaken to make this facility more competitive. The owner of the property has indicated that a number of hotel in the area welcome the conversion to a senior condominium as being proposed. This lessens the number of units within this category of hotel in the area. We would point out that we want to see viable uses of property within the city. To see sights abandoned, under utilized or boarded up is not in the overall interest of the city. It is difficult to say that the site is unsuitable for general commercial uses but the proposal does seem to be a viable way of keeping the site usable. The applicant has indicated that there is a need for the market rate senior rate condominium they are proposing and their proposal does seem to be a viable way to reuse the buildings in • question. It, therefore, seems to be an appropriate redevelopment of 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 applicant argues that the redevelopment in this case is warranted by the use contemplated in the last Comprehensive Plan update, the lack of developable land in this area and the needs of seniors in the community. Given this property's size and configuration, the change asked for is necessary to meet these important community needs. The creation of this PUD zoning district in this area provides for the necessary flexibility in dealing with the redevelopment issues for this site. The proposed redevelopment, in our opinion, does have positive factors and does not appear to be in conflict with the City's Comprehensive Plan if the C -2 underlying zoning district is retained and future uses other than the senior condominium would be consistent with the plan. The overall proposal seems to be in the best interest of the community. • 9 -11 -03 Page 5 • i. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? The applicant indicates that the proposed development demonstrates an amenity and a benefit beyond the mere development itself. He claims the plan will create a destination within Brooklyn Center for all residents to be proud of and contribute to the housing needs of seniors in this area. The h proposal appears to have merit beyond only the interests of the articular property PP Y Y P P P rtY owner and should lead to an upgrading on the site and the physical characteristics in this area as well. SITE AND RTTTT,DTNCT PT AN PRO POSAT. As mentioned previously, the applicant's plan is to convert the existing Best Western Hotel into an upscale, revitalized senior market rate condominium. This will include adding new fixtures in the bathrooms, new kitchens within the units, new amenities in the rooms including floor and wall coverings, revamped heating and air conditioning and changes to the common elements to accommodate the new use of the property. He indicates in his proposal that depending on the demand for larger units, the intention would be to convert the 227 motel units into approximately 80 to 110 new residential units. The plan is for a new building exterior and various floor plans have been shown allowing up to two and three bedroom units, again depending on the demand. • The facility has an indoor swimming pool, exercise rooms, potential meeting rooms as well as kitchen and restaurantibar facilities. These apparently will be amenities that can be offered or converted into other amenities for the residents. AC:C'.F.S S/P A R KTNC'T/DFNSTTV Access to the site will be slightly modified by closing the most easterly access closest to the intersection of Freeway Boulevard and Humboldt Avenue. Continuation of the B -612 curb and gutter will be required in this area. The only access to the site will be the westerly access leading into the facility. Required parking for a multi - residential use is two spaces per dwelling unit and, depending on the number of units, the required parking will be between 160 and 220 parking spaces. The plan shows seven garage buildings being constructed on the site around the perimeter. This would accommodate 78 parking spaces. One hundred sixty one surface, or non- garage, parking spaces would be left on the site utilizing the existing parking at the hotel. Some modifications and elimination of a few parking spaces would be done. The total parking would, therefore, be 239 parking spaces including surface and garage spaces. We would like to see more parking spaces eliminated as the need for this much parking is not anticipated. Also, the three banks of garages adjacent to the east leg of James Circle do not meet the required building setback from street right of way. The garage adjacent to Humboldt Avenue is also too close to the property line. Setbacks for the property are 35 ft. for buildings from the Freeway Boulevard right of way and side comer setbacks of 25 ft. from James Circle and Humboldt Avenue and a rear yard setback of 5 ft. for accessory buildings. Green strip requirements are 15 feet ft. from • 9 -11 -03 Page 6 • parking and driving lanes adjacent to street right of way and 5 ft. along rear property lines. The existing green strip along James Circle is only 5 ft. because of existing conditions when James Circle was constructed a number of years ago. The three banks of garages should be relocated to meet at least a 25 ft. building setback. A 5 ft. green strip in this area could be acceptable it as in other cases, a decorative treatment or fence were provided. Generally the standard has been masonry piers and a wrought iron decorative fencing such as in between the piers. Such a treatment might be acceptable under the PUD with this type of treatment. As mentioned previously, it is possible to eliminate a number of parking spaces and provide additional landscape. This too is recommended. Modification of the garage along Humboldt Avenue to meet building setback requirements should also be accomplished. Density on the site must also be determined. The site is 6.78 acres in area or 295,709 sq. ft. If a density of 2,700 sq. ft. of land per dwelling unit, which is the allowable density in an R -5 zone, were allowed, 109.5 or 110 dwelling units would be allowed under that the density. It is recommended that the Planning Commission consider as acceptable a density requirement of 2,700 sq. ft. of land per dwelling unit. This should accommodate the 80 to 110 anticipated units requested by the developer. GR ADINGIDR ATNAGE11 TTTT TTTF4 No significant changes to grading, drainage or utilities are proposed and, therefore, no such plan has been submitted. It should be noted that the easterly access from Freeway Boulevard will be closed and a continuation of B -612 curb and gutter will be provided in this area. The Director of Public Works /City Engineer is reviewing the plans and may make written comments with respect to his observations. No Watershed Management Commission review is required for this proposed conversion and alteration to the site. LANDISCAPTNG The applicant has submitted a landscape plan in response to the landscape point system utilized by the Planning Commission to evaluate such plans. This 6.78 acre site requires a total of 538.5 landscape points not the 388.5 points indicated on the plan. Additional landscaping should be provided, perhaps in the areas where parking can be eliminated. The landscape plans acknowledges approximately 80 points in existing trees. They plan to provide a total of 308.5 points with new landscaping including one Green Mountain Sugar Maple, five Patmore Ash, nine Greenspire Linden, all shade trees. Fourteen Black Hills Spruce and three Colorado Blue Spruce are proposed. Decorative trees include four Amur Maple, five Peegee Hydrangea, six Prairiefire Crabapple, eight Spring Snow Crabapple, and 16 Iv PP g p 8 o Silk Japanese PP Ivory P Tree Lilac. This accounts for 308.5 additional points. This added to the 80 existing points, brings the total to 388.5 points. One hundred and fifty additional landscape points are required to be consistent with � the point system. It � recommended that the landscape plan be m . p p modified to provide this additional landscaping. • 9 -11 -03 Page 7 BI TIMING The applicant has submitted pictures of the existing Best Western Hotel depicting the building materials and elevations. They have also provided a rendering with three options for the exterior and proposed floor plans for the various units. The renderings show different architectural features including balconies or decks on two of the options, a dormer type roof line, a mansurd type roof line and a mansurd type treatment without decks as another option. The exterior treatment and design should be decided upon and part of any PUD development plan approval. I,I('TNTINC AbM-TR ASN No lighting plan has been submitted, as the applicant proposes to make use of existing lighting and to possibly intersperse some additional site lighting as needed. No trash disposal facilities are shown on the site. Any outside trash disposal facilities should be appropriately screened from view with a material compatible with the exterior treatment decided for the building. PRO(`ED TRR This PUD /C -2 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 Commercial/Industrial Park area. A public hearing has been scheduled • and notices have appeared in the Brooklyn Center Sun/Post and have been sent to neighboring property owners. The Planning Commission following 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. A point of concern, however, is the completeness of the development plans for the plan approval portion of this PUD.. As pointed out during the site and building plan review portion of this report, we have made mention of garages that need to be relocated, additional landscaping that should be provided to meet the landscape point system, a recommendation for eliminating blacktop parking and adding landscaped areas, a need to finalize an acceptable exterior building treatment and material matters that need to be addressed. The staff comments will be passed on to the applicant recommending modifications to the plans. The Planning Commission must determine if they believe the plans are sufficient enough to make a recommendation on the development plan portion of the PUD or if the recommendation can contain a condition requiring plan modifications before building permits are issued. Another possible way of dealing with this PUD is to recommend approval of the Planned Unit Development and conceptual approval of the development plans, requiring a resubmittal of the developmental plans to the Planning Commission and City Council before permits can be issued for the PUD development. • 9 -11 -03 Page 8 ��c'a:r *pis' 7'": + �4'� fiS :�e, �t�.iti. : ,r ' a, ��i „. 1 �� "'�`� I I � � 1 1� LT I ( I I a~!_�'.�';f�: k •�a��':�� ?y`i;.`•.ka I � 1 SY'- '„n� #� � i `] ,��,�x,��.;J,F, s :: j .�`' .r �'':k;'�;�'•z: � II 1 1 1 1 I �I 1K afLps 1 a - � - � 1 - 1 1 1 1 1 1_ V 0 0 x • d � � �� 1 �I I I I_ I I I l� w I Ildtl / r"1 o 09 s e a l" � NEI , ti I I i i a- L0 , °°m � Y,I r y � Jj � . rte. � N �r ?j�3R, "•W'� " , -toewm do NWae nav3 N � — Z if Lo — ►--� > � a •� ZiU IWW(18 TIT" - :� a �---• Q d% •�•, I I I III � a � N e— �� N d I ITT 114 IIII �11PTII�III s .:, f# ) vxt�;:.xs P { .y� - '' `,�'� � , �, j�'t °at ••�J� �; ¢ t7 1Cp ,. RAC{' fF ti• M�. R�• •,r }�. � ijr - .}, '£� � j y '�, ra '•� S:r- tr ,. ;� .. ,- 'fi4'�•'� >�� j: - w"i�.�.-a;.i'..�ri.�C.�'�,y'y. �X x�� • S!i`Y; .. d ,:?'` YL 1�. . .C.:;oS:� I' � i� � i � �7 .1,.'�:t" ;dt .r !? :' .�+`.�� ` ' - ` ,� 'ti,. ,1 q7•e 7 y q�• O �. � �� 'C�2c :e.;�i��•r f�.• � _:��' 1f} t'� .+"+i S '�"`� L,,a �' ��{5 ' H .�. •Y "M�! �• • �`.�i >��F��w'�� :r�, = g l ;�' �• ��'• �' �;} �' �% ;ii':,.'�Z 3.'�,%°�T(x�i"�':c: �'l�j�r�,•x4sf��;j� r � � ��. �b{��;�:. .fix% , �i� • •t;�'r �'4 ?..''.r'•t.., r `c'�"�" sot l :• • Y;=.%•'� a- 1 ,� �*� '�.. ?<;1� a _ �• �`:3`Yik`- }f ".'�I ■iili�'i`iiir' ":f^F^7'� • �,�ryF+�f�:� '� Fit .p�. �,�`0�u,�i�• i�f,�^f: ��Y • '' s ' `'' � lam' s:'ri: +' 1 1kii� ai �' ' ' 1 ( 1 " I 'WAS 0110 w9h .i s ,«.'G",lk-k,r, t'FC ^; � ,fi HI NN e c.z s x OM.. var h;�iPd�s.. r� 10116,. Sgt �'s e RT `ti '«wy r yci+lii�4s iunrc(s M :• . { E ��`r -' s �F4�we�s++r•,ryt•.- yre� � `� t 1 ;� , k , -# .,,w,,. P t 9 �' a i S_ t v r Y c Ry a "' t ,?�, : x Y "t" "t'� y ? tS ' = ► �r t 1 0 +�. di f e z t�J,` RON �g L w e 4.» ;> as 3 F �� a.gr � E �. co v ��: I , FR 4 ''•` It Al' UF z ^e,k 'F . f �1.{ `I.. e1C M Y Z!k '- `"„�'- . i 1.*% it {� ii rod e t , ° L f - ..ate.. IT7 fp fit b j ' f " '2 �,,r Wiz_ -'�' > I . a j 7 i k f ' is < #J` 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- MDMD." s 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 distract 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 ermitted p 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 35-400 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. r � d. Parking provided for -uses within a PUD shaft 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 consistent with the City's Comprehensive Plan. d. All property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved development 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 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 by Section 3 5-2 10 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 -2.10 of this ordinance. c. Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 35 -210 of this ordinance. Approval of the development plan shall constitute rezoning of the property to PUD and conceptual approval of the elements of the plan. In addition to the guidelines provided in Section 35 -208 of this ordinance, the City Council shall base its actions on the rezoning upon the following criteria: I. Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The City Council may attach such conditions to its,approval as it may determine to be necessary to better accomplish the purposes of the PUD district. d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant to Section 35 -230 of this ordinance. In addition to the information specifically required by Section 35 -230, the developer shall submit such information as may be deemed necessary or convenient by the City to review the consistency of the proposed development with the approved development plan. 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 satisfactoryto 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 Sd of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. 35 -49 City of Brooklyn Center Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. Purpose 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. Polic 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 -01 • WINTHROP WEINSTINE ATTORNEYS AND COUNSELORS AT LAW August 14, 2003 Daniel S. Schleck (612) 604 -6617 dschleck @winthrop.com Ronald A. Warren City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: PUD Application for 1501 Freeway Boulevard Dear Mr. Warren: • 1501 Freeway, LLC would like to make the attached application to the City of Brooklyn Center for a PUD rezoning determination necessary for the redevelopment of the Best Western Hotel site located at 1501 Freeway Boulevard in Brooklyn Center. To this end, enclosed please find a fully executed application with the application fee of $1,200.00; four copies of proposed plans, including landscaping and drainage, unit types and various facades, for the proposed redevelopment; and this narrative discussing the proposed project. The project is intended to meet a public need and provide a significant public benefit associated with the conversion of an economically challenged hotel facility and replace it with an upscale, revitalized senior market rate housing alternative in the City of Brooklyn Center. Additionally, the 1501 Freeway, LLC is willing to provide the residents of the Brooklyn Center access to the communit y spaces s within r use as a senior center or for other s thm the former hotel for • activities without any cost to the City. Suite 3500 1 225 South Sixth Street I Minneapolis, MN 55402 -4629 I MAIN: (612)604-6400 1 FAx:(612)604 -6500 1 ww .winthrop.com .i Professional .Issocianon Ronald A. Warren August 14, 2003 Page 2 • After consultation with Ron Warren regarding the appropriate land use designation for this area, it seems that the most appropriate approach is utilize the flexibility consistent with the City's Planned Unit Development tool. This redevelopment would constitute a compatible and complimentary use with the constraints of a planned unit development in the C -2 zone of Brooklyn Center. The development is consistent with the surrounding area as it is located directly adjacent to both a single family neighborhood on one site and very close to a multi family development on the other side. This development would provide excellent transitional land use between the commercial and residential parts of the city. Further, there have not been significant changes in the land use of the property since it was originally zoned and given the senior nature of the development, utilization of the property for housing is a contemplated use would be allowed if completed pursuant to a PUD according to Mr. Warren. Additionally, the contemplated redevelopment will bear completely the requirements of the City's ordinances with no request for variance. In fact, some of the variances required to operate the site as hotel will be unnecessary for the contemplated redevelopment. Furthermore, the redevelopment in this case is warranted by the use contemplated in the last comprehensive plan update, the lack of developable land in this area and the needs of the seniors in the community. Given this property's size and configuration, the change asked for is necessary to meet these important community needs. The development team has been assembled from experienced and seasoned professionals • in the area. The lead developer is Bridgecreek Development Company doing business on this Ronald A. Warren August 14, 2003 Page 3 • project as 1501 Freeway, P J y, C. Brid ecreek is experienced in this area and currently has two g p y similar projects under development in St. Paul. The architecture firm selected for this project is Pope and Associates, with Skip Sorenson as lead architect. Additionally, as the project moves forward, we will be selecting reputable local contractors, and as needed other professionals, to complete the construction of this important project. Included within the package are several different optional plans for the new fagade of the development. These options are intended to provide an idea of the varied opportunities the developer is considering to change both the look and the impression a citizen or resident will realize when they pass this new and changed location in the future. The general intent of the project is to adapt the residential spaces of the hotel for upscale • senior living. This will include new fixtures in the bathrooms, new kitchens within the units, new amenities in the rooms including floor and wall coverings, revamped heating and air conditioning, and changes to the common elements to accommodate the new use of the property. Depending upon the desirability of the market for larger units, the intention of the development team is to convert the property into 80 -110 new residential units. The proposed development demonstrates an amenity and a benefit beyond the mere development itself. This plan will create a destination within Brooklyn Center for all residents to • Ronald A. Warren August 14, 2003 Page 4 be proud of and contribute to the housing needs of seniors in the area. Thank you for your receipt of this application. p pp Sincerely, WINTHROP & WEINSTINE, Daniel S. Schleck Enclosures cc: Mr. Frank Jao Mr. Cha Vang • 2053325v2 I • N W ml "SWAY. SlOI n � r S' Si+IyfHv __ .., . ' b grrs Wi• a� - Sa4 O �y•�p•�� A �. A ; ' z c i ' WE PLAN- ` .04 WMAOI :h!!5#,':ir,. �N {: !:'' ++:a.,.•ziT' \ "Kiey•!4 •'!J: mu oarw • • : � - ..':. . �..� ` ..i.:. .. Yf . "..'. ...',._ ' ;; ;, nnaawnucfrcK•�•ro ' i � � '•' ��`y•� ,ir.�iw�.'..�±�r._rr.�.rii�:. - uw.nuYrroaam .. eanaa+ai•I i wr, , ws o sGisAtG t, •'.. N, T ""w"OoavarLi:Iwlwocew ueee�r �� o :' ��... ' 'i R i '30 =04 Oa•fly ►MCw E'Am.. en !.r • TOTAL pB%vft PAPord17, 1F9.per Ima1' . 6 "LWU4Y•pe•itp nowt Lm raysa ro.n..., .. _ A I.• ' . PLANT LIST: Site Plantings r saw— ma • W Y - ASSOCIATES GTY.. 'BGTAMC& NAME caNI1011 NAME MZE/R00T � •:i • ',�w. ARCHREGIS INTERI TREES R DESI . - _.__ - .«sear eem, % 1 OMM Haar . p nn rm ' ka 'p cuntam' Grew Mt. Sugar Maple 2 -1/2 BkB + ,•, . - _ 3TM MNen.eane �_, 5 . GL Fran c a r .1, 'G,. —pk.' otmws' Cr...n . U Gn' 2 -1 /2 2 -1/2 B&B SeP , .... + �� a e.. - ^T F .asnw e ' tea Ywawn «e-P 1 ..' 9, 0. TAI. wrdeta 'Grean.Pka' Crs.n.pke Un B &B . :. :. .'". : 'I .. ... . . 1501 0• Writs a 150 wits 3 _ -_ ,. �jpp � -�..eo v J : kea gleuea dwwm Black :•..: -'. ...�+. : ��L' rs ,'- ... ... - 3 CBS Plead pun dens C e' -0 BkB ..i �• , Cm) C'XrifIN4 10 1< BHS �P :, a 9 a aauw doredd'Blua Spruce 5•_0• B,ke. _ _ - - 3 BROOKLYN „ . a units _, wits CENTER g { AM A .y � l.:�� X1::1.1. Jr l ye; ` 3 �" • -�: ' ar mnoia Amer Maal mmtl —.e.m r' Barg �1 1. SENIOR PH.' HYdrangaa ponlculalo Grandi0cro Peogee Hydrangea. ties farm , BBke RB i .::: <•: I..I OUSING PFC Maws'Prok PrekmSr. Crobappla 1' - ::.: f,'" '� f,- I . 8 SSC. mlk.' Mau. 'Spring Snow' Sprin9 Snow Crabapple 1' Barg' 18 ISL- SNm9a reticulate lorry Sole 1 — Y SO{ 3apanos. Tree Lpw 1' See : !� 1 -` . I L I CONSULTING 39 O 1.5 unite . 5&5 uNts `: 7• .�':: " . .. Toth units prop, prop 30&5 ad. 150 + 102 + 5 &5 310.3 ass wenenmaY muRr J . ?atat wIte u. '� I I �' ' � l - � Sme PR�Onn a�- e i l a . -eoxa "z. ..., '. SHRUBS . • ...,,`s` 4 - w eel- �evrlaa . 'auadetan emubs will be added far select erode bored w buldm ' e g alavations. .. 'Teen §`d. F l ........._� .. l ••� 5 i R� 13L . PLANTING o / NOTES. _'r,'.:•:.;: -' ire _''. +O ��•. � ::.. r fbnlnela MW p.Nde ae Yea b. N m pbnl rata lde. 1M lea ::• :..�. - „ • '•t = ''.Sr':: " :.' ." :. . puaw Waran ..: .. :... _ .bane an Ira deN sI N. Emdewp. Nd:IbN'. Mlbn Iona of M. bltM ' .Mont o R.gacwnal Nml mabrlde dap area ban oa lav P'mwlw •' •. .: .' , e _ ... ' .cwnmaakp Wan VIm1YW -' � `.; .,. •f. '`. M cub b be rang _ vW _ a bad - p � - are n norm to be IMbried a .tinders AnN Pan gmlmv ... _�01Y La nadm Y - urri 1 ban wen M w ins .N e• m wan. q v Gmbvcbr ebm leeotlaa. - ' awry Na d stilts. PNa b YalopolHP N qaa ..+" • ' . All ImtG and M a b • - oapmp w Neap N .181 m and . kripat a a. warm wabda - . sea K D.a um . mil R nN eR w d: npallim Pkanb . Yea F aweN -kaN.d lna�- _- Iwbn bN YAap ad ran. Ranoa b - ma r April I. Dbpnxmi beparlf batep m 11 —waft waft rear... pa ba grate .N9 aW t a pN y1 / At;.11olwc Ilier.' I S?e' '3 • - .: na• pmts ae eawear - sa ate"" anal' aooue• r , r, - TRP•B- .. _ - ' Gina Ad W —aeomle, far maYrbiona area ace,_ a ere Me, by aw Oar:rn, I .' :• : i _ _ " ^ 'F - - .. - .� ' oubu Mom N b a,s Nmbd spin aniW N Nle. Prcp.a MN - Y: m:bdw anewewl Aeecww.a.a m - - . - - -- b added uNw. aMenb.' 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UNIT PLAN • �� BROOKLYN CENTER SENIOR HOUSING p�01 BROOKLYN CENTER, MN ASSOCIATES • kE1V11WklOOh'AT —!"'� NEWYWNWwAT • FACIA uWAU,IMIT \ WTHRUwAIAUNN LMNG ROOM O KITCHEN I BEDROOM 0 7 o O BATH G O BATH - I O c CLOSET 0 NEW STACKING WASHER ® MER PROPOSED 2 BEDROOM UNIT PLAN 670 SQ. f7, LV ' BROOKLYN CENTER SENIOR HOUSING 1p WME BROOKLYN CENTER, MN ASSOCIATES -- T u I ; NFW N WNDOW AT V YWNDDW At NM PWINDOW AI • tAtIITNAU•WALLUNI fAtliWWALLUNU LoTa-WALL Uml C I� BEDROOM WING BOOM BEDROOM O O () KITCHEN I O _ WALKdN CLOSET BATH NEW STACgNG WASHER &D PROPOSED 3 BEDROOM UNIT PLAN 1,005 SQ. FT. BROOKLYN CENTER SENIOR HOUSINGS BROOKLYN CENTER, MN ASSOCIATES • ' �.i� -" ;� +,i c ll �. r C � �.I -•I hf.1".fl ��I"1�1�! t}�t�, l am, 1. t � I ._- " OPTION A ' - �� _ ` � - � t•- - y ` { � F - �j�7�.i iT `¢.+.E- ?' 11 �`}.��r��- 4i � r . ` I ! r Ah " '% OPTION 8 OPTION C BROOKLYN CENTER SENIOR HOUSINGS BROOKLYN CENTER, MN A S S O C I A T E S • • adoption: Member introduced the following resolution and moved its PLANNING COMMISSION RESOLUTION NO. 2003-02 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2003 -017 SUBMITTED BY 1501 FREEWAY, LLC. WHEREAS, Planning Commission Application No. 2003 -017 submitted by 1501 Freeway, LLC proposes rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development/Commerce) of the Best Western Hotel site at 1501 Freeway Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for the conversion of the existing 227 unit Best Western Hotel into an 80 to 110 unit upscale, revitalized senior market rate multi- residential housing condominium; and WHEREAS, the Planning Commission held a duly called public hearing on September 11, 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 -017 submitted by 1501 Freeway, LLC be approved in light of the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is considered to be 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 ordinance standards except for: • Page 1 • a. Allowing a multiple residential senior condominium development in the C -2 underlying zoning district. This modification is justified on the basis of this proposal being considered an appropriate, redevelopment of this area and is offset or mitigated by the fact that this is the only non - commercial use that will be allowed on the site. Any changes or modifications to this proposed use must be consistent with the C -2 underlying zone. b. Allowing a less than 15 ft. green strip along the James Circle right of way where a decorative fence containing masonry piers and wrought iron will be provided, which is consistent with other PUD approvals. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the City given the limitation on uses acknowledged in No. 3 above. 5. The Planned Unit Development proposal appears to be a good long -range use of the existing land and this redevelopment can be considered an asset to the community. 6. 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 -017 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. Any modified 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 in the area where the current easterly access is modified and other areas where blacktop is to be removed. 5. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. • 6. The plans shall be modified to provide: Page 2 S a. A proper 25 ft. side corner building setback for the bank of garages located adjacent to James Circle. b. A 25 ft. side corner building setback for the garages located adjacent to Humboldt Avenue North. c. The elimination of up to 80 parking spaces to provide additional landscaped areas on the site. d. The submission of building elevations to show the proposed exterior design and materials for the building. g e. Additional landscaping on the site to provide 150 more landscape points consistent with the landscape point system utilized for evaluating landscape plans. f. A decorative fence along the James Circle right of way containing a combination of masonry pier and wrought iron. 7. Approval of the development plans acknowledges a density requirement of 2,700 sq. ft. of land per dwelling unit. This density may not be exceeded. 8. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits for the conversion of the hotel into the senior condominium. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C -2 underlying zoning district authorizing the • multi- residential senior condominium use of the property. This agreement shall further assure compliance with the development plan submitted with this application. 9. Signs identifying this senior condominium shall be consistent with the provisions of Chapter 34 of the City Ordinances regarding multi- residential developments. All signs and sign structures associated with the hotel shall be removed from the property prior to the release of the performance guarantee. 10. The applicant shall file a Condominium Declaration consistent with the Minnesota Common Interest Ownership Act (M.S. 515B). Said declaration shall be filed prior to the issuance of building permits for this project. 11. The dwelling units shall not be leased/rented by the owner /developer or any subsequent dwelling unit owner. 12. There shall not be a continuation of the existing restaurant as a commercial or retail operation open to the general public. • Page 3 I I Y• Dat Chair ` ATTEST: r c Secretary 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. • • Page 4 • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SEPTEMBER 11, 2003 REGULAR SESSION CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:40 p.m. ROLL CALL Chair Tim Willson, Commissioners, Graydon Boeck, Rex Newman, and Sean Rahn were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioners Stephen Erdmann, Diane Reem and John Whitehead were absent and excused. APPROVAL OF MINUTES — AUGUST 14.2003 There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to approve the minutes of the August 14, 2003 meeting as submitted. The motion passed. Commissioner Boeck abstained since he was not at the meeting. • CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2003 -017 —1501 FREEWAY. LLC Chair Willson introduced Application No. 2003 -017, a request from Daniel S. Schleck, an attorney representing 1501 Freeway, LLC, seeking Rezoning and Development Plan Approval through the Planned Unit Development (PUD) process to convert the existing 227 unit Best Western Hotel located at 1501 Freeway Boulevard into an 80 to 110 unit upscale senior condominium development. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 9 -11 -03 for Application No. 2003 -017, attached.) The property in question is zoned C -2 (Commerce) and is located at the southwest corner of Freeway Boulevard and Humboldt Avenue North. Mr. Warren explained that the applicant submitted modified plans today to the city, which addresses some of the concerns, pointed out by staff in the original plans. He also pointed out that as part of this PUD, it is recommended that if the plan for a senior building were to fail, this site would not be allowed for any other multi - family use. He added that the developer's plan is . for one and two bedroom condominiums only, not three as indicated in the report. Page 1 9 -11 -03 S Commissioner Rahn asked if the applicant has met the minimum requirements as described in city ordinances. Mr. Warren responded that the applicant has made some alterations to their original plan submitted and additional information will need to be provided prior to approval of the plans and issuance of permits. Commissioner Newman asked if this plan constitutes "spot zoning ". Mr. Warren explained that spot zoning is generally one inconsistent with the City's Comprehensive Plan and that the underlying zoning on the site remains as C -2 (Commerce). The use of this parcel as a senior condominium is an appropriate use under this zoning designation. He added that he did not believe the proposal constituted "spot zoning ". PUBLIC HEARING — APPLICATION NO. 2003-017 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to open the public hearing on Application No. 2003 -017, at 8:51p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Dan Schleck, on behalf of the developer 1500 Freeway, LLC, introduced himself and addressed some of the concerns made by the Commissioners. He explained that they do not plan to create another multi family housing complex, but rather plan to establish a desirable owner occupied place for seniors to live. Owners will not be allowed to rent out the units. He also • explained the term "market rate" was used only to describe that the units will be sold at a current market rate and this will not be subsidized housing. He added that an age limit would be part of the contract agreement with owners and this will be an independent living facility only for persons 50 years of age or older. There will be no three bedroom units but rather three existing hotel rooms will be converted into one and two bedroom units. He pointed out that the development team has decided to use "Option B" for an exterior finish. Their plan is to develop a very upscale senior community. Mr. Schleck clarified that these units would be filed under the Minnesota Common Interest Ownership Act rather than the Minnesota Condominium Act as stated in Item No. 10 of the Planning Commission Resolution. Commissioner Newman asked what the intended use is for the common areas on the site such as the swimming pool, restaurants, etc. Mr. Cha Vang, 46 E. 4 th Street, #216, St. Paul, explained that he has been in discussion with Walker about developing other sites like this and what programs or facilities to offer to seniors. There was discussion about the use of the existing restaurant on the site. Mr. Schleck explained that their plan is not to create a commercial use of the site by opening a restaurant to the public but rather the possibility exists that the restaurant facilities might be available to the residents. • Page 2 9 -11 -03 • Mr. Sanjay Patel, 1501 Freeway Boulevard, current owner of the Best Western, stated that he spoke with other hotel owners in the area and vacancy rates are down for many. He added that they all believe this new use would be a benefit to them and the community. No other persons from the public appeared before the Commission during the public hearing on Application No. 2003 -017. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to close the public hearing on Application No. 2003 -017, at 9:25 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 RESOLUTION NO. 2003 -02 There was a motion by Commissiner Boeck, seconded by Commissioner Newman, to approve Planning Commission Resolution No. 2003 -02 regarding the recommended disposition of Planning Commission Application No. 2003 -017 submitted by Daniel S. Schleck, on behalf of 1501 Freeway, LLC. The motion passed unanimously. Voting in favor: Chair Willson, Commissioners Boeck, Newman, and Rahn, And the following voted against the same: None; • Whereupon said resolution as declared duly passed and adopted. Resolution No. 2003 -02 is made part of these minutes by attachment. The Council will consider the recommendation at its September 22, 2003 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:40 p.m. Chair Recorded and transcribed by: • Rebecca Crass Page 3 9 -11 -03 Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2003 -017 SUBMITTED BY 1501 FREEWAY, LLC WHEREAS, Planning Commission Application No. 2003 -017 submitted by 1501 Freeway, LLC proposes rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development/Commerce) of the Best Western Hotel site at 1501 Freeway Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for the conversion of the existing 227 unit Best Western Hotel into an 80 to 110 unit upscale, revitalized senior market rate multi - residential housing condominium; and WHEREAS, the Planning Commission held a duly called public hearing on September 11, 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 -017 by adopting Planning Commission Resolution No. 2003 -02 on September 11, 2003; and WHEREAS, the City Council considered Application No. 2003 -017 at its September 22, 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 -017 submitted by 1501 Freeway, LLC be approved in light of the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is considered to be compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. • RESOLUTION NO. 3. The utilization of the property as proposed under this Planned Unit Development Rezoning s considered a reasonable use of the property and will conform with g p p Y ordinance standards except for: a. Allowing a multiple residential senior condominium development in the C -2 underlying zoning district. This modification is justified on the basis of this proposal being considered an appropriate redevelopment of this area and is offset or mitigated by the fact that this is the only non - commercial use that will be allowed on the site. Any changes or modifications to this proposed use must be consistent with the C -2 underlying zone. b. Allowing a less than 15 ft. green strip along the James Circle right of way where a decorative fence containing masonry piers and wrought iron will be provided, which is consistent with other PUD approvals. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the City given the limitation on uses acknowledged in No. 3 above. 5. The Planned Unit Development proposal appears to be a good long -range use of • the existing land and this redevelopment can be considered an asset to the community. 6. 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 -017 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. Any modified 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. • • RESOLUTION NO. 4. B -612 curb and gutter shall be provided in the area where the current easterly access is modified and other areas where blacktop is to be removed. 5. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 6. The plans shall be modified to provide: a. A proper 25 ft. side corner building setback for the bank of garages located adjacent to James Circle. b. A 25 ft. side corner building setback for the garages located adjacent to Humboldt Avenue North. c. The elimination of up to 80 parking spaces to provide additional landscaped areas on the site. d. The submission of building elevations to show the proposed exterior design and materials for the building. e. Additional landscaping on the site to provide 150 more landscape points consistent with the landscape point system utilized for evaluating landscape plans. f. A decorative fence along the James Circle right of way containing a • combination of masonry piers and wrought iron. 7. Approval of the development plans acknowledges a density requirement of 2,700 sq. ft. of land per dwelling unit. This density may not be exceeded. 8. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits for the conversion of the hotel into the senior condominium. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C -2 underlying zoning district authorizing the multi - residential senior condominium use of the property. This agreement shall further assure compliance with the development plan submitted with this application. 9. Signs identifying this senior condominium shall be consistent with the provisions of Chapter 34 of the City Ordinances regarding multi- residential developments. All signs and sign structures associated with the hotel shall be removed from the property prior to the release of the performance guarantee. 10. The applicant shall file a Condominium Declaration consistent with the Minnesota Common Interest Ownership Act (M.S. 515B). Said declaration shall be filed prior to the issuance of building permits for this project. • RESOLUTION NO. 11. The dwelling units shall not be leased/rented by the owner /developer or any subsequent dwelling unit owner. 12. There shall not be a continuation of the existing restaurant as a commercial or retail operation open to the general public. p P g P Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 27 day of October, 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 zoning classification of certain land. 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 (1501 FREEWAY BOULEVARD) 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 -1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: • Tract RLS 14 Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development zoning classification: 4. The following properties are designated as PUD /C2 (Planned Unit Development/Commerce): Tract A, RTS 1477 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.) • �I City Council Agenda Item No. 10a • PROCLAMATION DECLARING OCTOBER 5 -11, 2003, AS FIREFIGHTER RECOGNITION AND FIRE PREVENTION WEEK WHEREAS, the history of Fire Prevention Week has its roots in the Great Chicago Fire of 1871, which killed more than 250 persons, left 100,000 homeless, destroyed 17,400 structures, and burned more than 2,000 acres; and WHEREAS, since 1922, the President of the United States of America has designated the week in which October 9 falls as National Fire Prevention Week, and the National Fire Protection Association has officially sponsored Fire Prevention Week since the observance was first established; and WHEREAS, firefighters provide an invaluable public service and risk their lives to preserve and protect our community through the delivery of efficient and effective fire- and life - safety services; and WHEREAS, firefighters recognize prevention as the most effective means to fight fire and they continue to educate the public on fire safety to benefit our community, and • WHEREAS, it is highly appropriate that the services provided by firefighters be recognized and appreciated. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim the week of October 5 -11, 2003, as Firefighter Recognition and Fire Prevention Week and ask that our community honor all firefighters and participate in fire prevention activities at home, work, and school, and take all steps necessary to keep their homes and families safe from fire. Date Mayor ATTEST: • City Clerk City Council Agenda Item No. lOb Memorandum Date: September 15, 2003 To: Michael McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: NSF Checks and Bad Debts The attached resolution provides for writing off one bad debt as the invoice has been determined to be uncollectibie. We have verified that the property owner has moved and we are unable to locate the debtor to collect the amount due. In addition, there is a schedule of NSF checks that have been returned to the City for various reasons, ie: NSF, account closed, no account, lost /stolen check, stop payment, etc. These checks have been written for a number of services or products to include Park and Recreation activities, Planning and Zoning fees, green fees and uncollectible/un- certifiable delinquent utility billings. The total for General Fund activities and operations is $970.61 and covers the period December, 1999 through October, 2002. Those checks • returned between October, 2002 to the present continue to be in the active file and followed -up on to collect when possible. Writing off bad debts and bad checks has been done on a sporadic basis in the past. Prior to this schedule, these items were removed from fiscal records by Council resolution in 1997 and again in 1999. This practice is acceptable and recommended by the City's auditor to ensure fiscal records are accurately represented. We are recommending that the attached resolution and list be adopted and direction to "write -off' these bad debts and bad checks be provided. s Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AUTHORIZING AND DIRECTING THAT BAD DEBTS AND UNCOLLECTIBLE CHECKS BE WRITTEN OFF WHEREAS, the City accepts checks in payments for services and like any other business receives its share of bad checks; and WHEREAS, the City invoices for certain services and like any other business it encounters a certain number of bad debts that are uncollectible; and WHEREAS, the list attached represents returned checks and bad debts that have been previously charged off against the operating department as the bad check was returned or the debt was determined to be uncollectible and a corresponding accounts receivable established; and WHEREAS, the affected departments have reviewed the list and verified that the returned checks and bad debts are uncollectible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center that the bad checks and bad debts identified on the attached schedule be written off and the affected accounts receivable accounts be adjusted appropriately. 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. • GENERAL FUND - Returned Checks e payor's Check Bank Check Name Date Dept. Code Disposition Amount Boatman, Ronnie 12/29/99 Park & Rec account closed collection agency 18.00 Cattledge, Carmen (Hair It Is) 01/28/00 Park & Rec Lost/Stolen collection agency refused 12.50 Gaines, Porscha 03/28/00 Park & Rec account closed collection agency 20.00 Institute for Minority Development 04/13/00 Park & Rec Hold collection agency 60.00 Phommyuong, Rattanaphone 04/20100 Park & Rec NSF collection agency 16.00 Fancher, Evelyn 09/16/00 Park & Rec account closed collection agency 54.00 Ferguson Companies 01/10/01 Park & Rec No account collection agency 34.00 Johnson, Ardana 01/29/01 Park & Rec NSF collection agency refused 30.00 Thurmond, Angelo 05/12/01 Park & Rec NSF collection agency 60.00 Patterson, Lashone 05/25/01 Police NSF collection agency 5.50 Sanders, Lynette 08/12/01 Park & Rec NSF collection agency 83.00 Jones, Dianna 09/01/01 Park & Rec account closed collection agency 11.25 Reid, Geoffrey or Madam, Annette 10124/01 Park & Rec NSF collection agency 10.00 Reid, Geoffrey or Madam, Annette 10/28/01 Park & Rec NSF collection agency 12.75 Mack, Zephy 12/11/01 Police account closed collection letter 95.00 Gonser, Joshua 12/26/01 Police NSF BCPD 39.00 Ende, Troy 04/23/02 Community Development NSF collection agency 168.96 Adams -Lee, Yolonda not dated Park & Rec Refer to Maker collection agency 58.00 Kittrell, Darice 07/01/02 Park & Rec account closed- Forgery BCPD 2.75 Kittrell, Darice 07/01/02 Park & Rec account closed- Forgery BCPD 6.15 Kittrell, Darice 07/02/02 Park & Rec account closed- Forgery BCPD 4.75 Kittrell, Darice 07/02/02 Park & Rec account closed- Forgery BCPD 4.00 Kittrell, Darice 07/03/02 Park & Rec account closed- Forgery BCPD 9.55 0i ttrell, Darice 07/05/02 Park & Rec account closed- Forgery BCPD 7.15 ttrell, Darice 07/07/02 Park & Rec account closed- Forgery BCPD 4.15 ittrell, Darice 07/11/02 Park & Rec account closed- Forgery BCPD 5.15 Bible, Lavell 07/27/02 Park & Rec account closed collection letter 35.00 Adams -Lee, Yolonda not dated Park & Rec account closed collection letter 86.00 Bentgarmicha, Jawad 10/24/02 Park & Rec NSF collection letter 18.00 970.61 Account Receivable Wilbur residence Police 5th police false alarm 50.00 GOLF FUND - Returned Checks Payor's Check Bank Check Name Date Dept. Code Disposition Amount Murphy, Phillip 05/12/02 Centerbrook NSF collection agency 7.50 Mark Berg 07/20/02 Centerbrook Stop payment collection letter 33.00 40.50 PUBLIC UTILITIES - Returned Checks Payor's Check Bank Check Name Date Dept. Code Disposition Amount orholt, John or Jillaine 12/30/95 Public Utilities account closed Bankruptcy 77.54 IF eweh, Evelyn 9/12/01 Public Utilities NSF collection agency 57.20 134.74 • City Council Agenda Item No. 10c MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: September 17, 2003 SUBJECT: Moratorium/Emergency Ordinance The Council will have before them a first reading of an emergency ordinance that would create a moratorium on the development or placement of new religious buildings within the City. The moratorium would be for a sixty (60) days. A regular ordinance would follow creating a six (6) month study period. Currently, churches are allowed as a special use in RI, R2, R5 and I1 zones. Churches are a permitted use in C1 and C2 zones. Of particular concern is the availability of commercial space that can potentially be • converted to churches. Recently, the Salvation Army building was converted to a church. Staff has received inquiries relative to the sale and conversion of the State Farm building to a church as well as another site in the opportunity site. A number of buildings within the opportunity site are or will be available to such conversion. While Brooklyn Center has considered the placement of churches in the past, the potential for such conversions in the opportunity site could have a profound impact upon the City's ability to redevelop that area. A moratorium would permit the City to consider the impact such development will have as well as the appropriateness of different zonings for church development. The City Attorney will have a re ared draft of an ordinance p p e for Council consideration. Assuming the Council adopts the moratorium,'the matter would be referred to the Planning Commission for study and recommendations. 1 will be available Monday evening to answer questions on this matter. • • CITY OF BROOKLYN CENTER ORDINANCE NO. INTERIM EMERGENCY ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT OF RELIGIOUS USES IN CERTAIN COMMERCIAL AND INDUSTRIAL AREAS OF THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS: Section 1. Background. 1.01. The City Council has determined that current land use controls on religious uses in commercial and industrial zones are not adequate to: a. protect minors from undesirable or dangerous conditions that may exist in commercial or industrial zones including noise, dust, fumes, traffic and inappropriate social influences; b. preserve commercial and industrial land for uses that provide more jobs in • the community; C. preserve commercial land for uses that provide convenient services and shopping for residents; d. preserve commercial land for uses that support other nearby commercial activities by drawing shoppers to the area for multiple -stop shopping activities; e. provide for placement of uses involving minors in areas of the city that have adequate parks and recreational opportunities to which they have safe and reasonable access; and f. assure that uses in commercial zones are compatible and will not reduce property values of adjacent or nearby properties; impede orderly development or redevelopment; or cause disinvestment, decline in commercial activity, or urban decay and deterioration. 1.02. The Council has determined that there is a need for further studies to be conducted so that the City may adopt appropriate amendments to its Comprehensive Plan and zoning code so as to ensure protection of the public health, safety and welfare. The Council has directed that such studies be undertaken. ORDINANCE NO. • 1.03. The Council has therefore determined that there is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City and ensuring that the City and its citizens retain the benefits of, and protection sought to be afforded by, the City's Comprehensive Plan and zoning ordinances until such studies are completed, and any modifications to the City's Comprehensive Plan and zoning and land use regulations are effective. 1.04. The Council has further determined that adoption of an emergency ordinance is necessary to serve the purposes described in paragraph 1.03 for the immediate preservation of the public peace, health, morals, safety and welfare, until an interim ordinance can become effective. Section 2. Determination. 2.01. This interim ordinance shall apply to all properties in the City zoned C -1, PUD C -1, C -1 A, PUD C -1 A, C -2, PUD C -2, I -1, PUD 1- 1,1 -2, PUD 1 -2, and PUD Mixed. 2.02. During the period this interim ordinance is in effect, no property within the subject area may be developed or redeveloped, nor shall any site plan approvals, rezonings, • licenses (other than renewals), plattings or replattings, land divisions or consolidations, special use permits or building permits be issued by the City, for any religious uses. 2.03. This ordinance shall remain in effect until the sixty -first day following its adoption, unless earlier modified, repealed or extended by the City Council. Section 3. Applicability. 3.01. This ordinance applies to any application for site plan approvals, rezonings, licenses, plattings or replattings, land divisions or consolidations, special use permits or building permits that have not received preliminary approval by the City Council before the date of adoption of this ordinance. Section 4. Effect on Pending Applications. 4.01 All applications subject to this moratorium that are pending or that are received during the time this ordinance is in effect shall be deemed to be denied for purposes of Minnesota Statutes, Section 15.99. The City Manager shall cause notification of such denial to be given to all applicants stating the adoption of this ordinance as the reason therefor. Fees paid in connection with such applications shall be returned or refunded to the applicant. • • ORDINANCE NO. Section 5. Effective Date. 5.01. This ordinance is effective upon adoption. Adopted this day of , 2003. Mayor ATTEST: City Clerk Date of Publication: Effective Date: • • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 27 day of October 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 Interim Ordinance for the Purpose of Protecting the Planning Process and Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development of religious uses in certain commercial and industrial areas of the City. Auxiliary aids for handicapped persons 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. INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT OF RELIGIOUS USES IN CERTAIN COMMERCIAL AND INDUSTRIAL AREAS OF THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS: S Section 1. Backuound. • 1.01. The City Council has determined that current land use controls on religious uses in commercial and industrial zones are not adequate to: a. protect minors from undesirable or dangerous conditions that may exist in commercial or industrial zones including noise, dust, fumes, traffic and inappropriate social influences; b. preserve commercial and industrial land for uses that provide more jobs in the community; C. preserve commercial land for uses that provide convenient services and shopping for residents; d. preserve commercial land for uses that support other nearby commercial activities by drawing shoppers to the area for multiple -stop shopping activities; e. provide for placement of uses involving minors in areas of the city that have adequate parks and recreational opportunities to which they have safe and reasonable access; and f. assure that uses in commercial zones are compatible and will not reduce • property values of adjacent or nearby properties; impede orderly development or redevelopment; or cause disinvestment, decline in commercial activity, or urban decay and deterioration. i I • ORDINANCE NO. 1.02. The Council has determined that there is a need for further studies to be conducted so that the City may adopt appropriate amendments to its Comprehensive Plan and zoning code so as to ensure protection of the public health, safety and welfare. The Council has directed that such studies be undertaken. 1.03. The Council has therefore determined that there is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City and ensuring that the City and its citizens retain the benefits of, and protection sought to be afforded by, the City's Comprehensive Plan and zoning ordinances until such studies are completed, and any modifications to the City's Comprehensive Plan and zoning and land use regulations are effective. Section 2. Determination. 2.01. This interim ordinance shall apply to all properties in the City zoned C -1, PUD C -1, C -IA, PUD C -IA, C -2, PUD C -2, I -1, PUD I -1, I -2, PUD I -2, and PUD Mixed. 2.02. During the period this interim ordinance is in effect, no property within the subject • area may be developed or redeveloped, nor shall any site plan approvals, rezonings, licenses (other than renewals), plattings or replattings, land divisions or consolidations, special use permits or building permits be issued by the City, for any religious uses. 2.03. This ordinance shall remain in effect for six months following its effective date, unless earlier modified, repealed or extended by the City Council. Section 3. Applicability. 3.01. This ordinance applies to any application for site.plan approvals, rezonings, licenses, plattings or replattings, land divisions or consolidations, special use permits or building permits that have not received preliminary approval by the City Council before the date of adoption of this ordinance. Section 4. Effect on Pending Applications. 4.01 All applications subject to this moratorium that are pending or that are received during the time this ordinance is in effect shall be deemed to be denied for purposes of Minnesota Statutes, Section 15.99. The City Manager shall cause notification of such denial to be given to all applicants stating the adoption of this ordinance as the reason therefor. Fees paid in connection with such applications shall be returned or refunded to the applicant. • ORDINANCE NO. • Section 5. Effective Date. 5.01. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2003. Mayor Attest: City Clerk Date of Publication: Effective Date: • • City Council Agenda Item No. lOd CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 27 day of October 2003, at 7:00 p.m. or • as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an electric franchise fee ordinance. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE IMPOSING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Code is hereby amended to include the following Special Ordinance. Subd. 1. Purpose. The Brooklyn Center City Council has determined that it is in the best interests of the City to impose a franchise fee or equivalent fee on those public utility companies that provide gas or electric services within the City. Pursuant to City Ordinance No. 97 -09, a Franchise Agreement between the City and Northern States Power, dba Xcel Energy ( "NSP "), the City has the right to impose a franchise fee. Subd. 2. Franchise Fee. A franchise fee ( "Fee ") is hereby imposed on NSP under its electric Franchise in the amount of 3.00% of the gross revenue of NSP operations within the City applied to each customer on an equal percentage basis, commencing with the NSP January, 2004 billing month. Subd. 3. Payment. The Fee shall be payable to the City in accordance with the terms set forth in • the Franchise. Subd. 4. Surcharge. The City acknowledges that NSP may choose to add the full amount of the Fee as a customer surcharge to reimburse the Company for the Fee. NSP shall provide to the City a copy of the proposed customer bill line item describing the Fee thirty days before the first bill collecting the Fee is sent to customers. Subd. 5. Proof of Customer Usaee. NSP shall make each payment when due and shall quarterly furnish a complete and correct statement of gross operating revenues for said quarter. NSP shall permit the City and its designated representative reasonable access to the company's records for the purpose of verifying such statements. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise. SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2003. Mayor ATTEST: City Clerk • Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 27` day of October 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider a • natural gas franchise fee ordinance. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE IMPOSING A NATURAL GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Code is hereby amended to include the following Special Ordinance. Subd. 1. Purpose The Brooklyn Center City Council has determined that it is in the best interests of the City to impose a franchise fee or equivalent fee on those public utility companies that provide gas or electric services within the City. Pursuant to City Ordinance No. 2003 -06, a Franchise Agreement between the City and CenterPoint Energy Minnegasco ( "CENTERPOINT "), the City has the right to impose a franchise fee. Subd. 2. Franchise Fee. A franchise fee ( "Fee ") is hereby imposed on CENTERPOINT under its natural gas Franchise in the amount of 3.00% of the gross revenue of CENTERPOINT operations within the City applied to each customer on an equal percentage basis, commencing with the CENTERPOINT January 1, 2004 billing month. • Subd. 3. Pavment. The Fee shall be payable to the City in accordance with the terms set forth in the Franchise. Subd. 4. Surcharge. The City acknowledges that CENTERPOINT may choose to add the full amount of the Fee as a customer surcharge to reimburse the Company for the Fee. CENTERPOINT shall provide to the City a copy of the proposed customer bill line item describing the Fee thirty days before the first bill collecting the Fee is sent to customers. Subd. 5. Proof of Customer Usage. CENTERPOINT shall make each payment when due and shall quarterly furnish a complete and correct statement of gross operating revenues for said quarter. CENTERPOINT shall permit the City and its designated representative reasonable access to the company's records for the purpose of verifying such statements. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise. SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day f p y o , 2003. ATTEST: City Clerk Mayor • Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) AGENDA CITY COUNCIL WORK SESSION September 22, 2003 Immediately Following Regular City Council Meeting at 7:00 P.M City Council Chambers 1. Discussion of Dangerous Dog Ordinance Options 2. Identification of Items for October 13 Work Session a. Review of Carl Neu's draft 2004 City Council Goals b. Discuss direction for Winter Council Retreat c. Council Member Niesen i. Discussion of preempting local message board to allow broadcast of other cities' council meetings d. Other items to place on October 13 agenda 3. Miscellaneous 4. Adjourn i City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, I an, Niesen, and Peppe FROM: Michael J. McCauley DATE: September 18, 2003 SUBJECT: October 13 City Council Work Session Attached is a memorandum from the City Attorney outlining some options regarding dangerous and potentially dangerous dogs. This item is set on the work session for City Council discussion with the City Attorney to provide direction for Mr. LeFevere in drafting potential ordinance changes for the City Council's consideration. The second item on the work session agenda is to identify items for the October 13 agenda so that supporting materials may be developed where necessary. The first item would be a review of the draft 2004 City Goals that were sent to you previously. As has been the practice, the City Council reviews the proposed report and drafts City Council Goals in a work session or study session prior to having them placed on a City Council agenda for adoption. This allows the Council to discuss and rework goals if the Council feels that Mr. Neu did not adequately capture the Council's intent and direction at the Retreat. A related item on the work session agenda for October 13 would be discussion of how the Council would like to approach the winter Retreat and potential scheduling. The only Council Member item that I have received relating to a work session agenda would be Councilmember Niesen's request to discuss making arrangements to allow for the broadcasting of other City Council meetings. If there are other Council items for the October 13 work session, please advise. 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 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone i M I M (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 (6I2) 337 -9215 Email: clefevere@kennedy- gmven.com September 3, 2003 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 SrIngle Creek Pkwy Brooklyn Center, MN 55430 Re: Reuaation of Doss Dear Mike: We have previously discussed certain information about the regulation of dogs in general, and potentially dangerous dogs and dangerous dogs in particular. The Council requested a list of additional regulations that it might consider for regulation of dogs. First, for background information, State law provides certain definitions for dangerous dogs and potentially dangerous dogs, in Minn. Stat. § 347.50, subd. 2 and 3: Subd. 2. Dangerous dog. "Dangerous dog" means any dog that has: (1) without provocation, inflicted substantial bodily harm on a human being on public or private property; (2) killed a domestic animal without provocation while off the owner's property; or (3) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Subd. 3. Potentially dangerous dog. "Potentially dangerous dog" means any dog that: (1) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private CLL- 236939vl BR291-4 Mike McCauley Letter September 3, 2003 Page 2 property, other than the dog owner's property, in an apparent attitude of attack; or (3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. The term "substantial bodily harm" is defined in Minn. Stats. § 609.02, subd. 7a as follows: Subd. 7a. Substantial bodily harm. "Substantial bodily harm" means bodily injury Nvhich involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. The attached table shows existing local and state regulations relating to dogs, potentially dangerous and dangerous dogs, and additional restrictions that the City Council may wish to consider. In addition, I would recommend the state law provisions on dangerous dogs and potentially dangerous dogs be incorporated into the City Code and that procedures be established for making dangerous dog and potentially dangerous dog determinations by the City. Very truly yours, Charles L. LeFevere , CLL:peb Enclosure CLL- 236939v1 BR291 -4 RESTRICTIONS SANCTIONS IN ADDITION TO PROSECUTION Existing Additional Existing Additional All Dogs - 1 -110 nuisance to keep dog - 19 -105 can order nuisance - lose right to keep dogs if in manner that abated excessive dog -at -large unreasonably annoys charges - 1 -111 cannot run at large - impound dog if excessive - 19 -104 only 2 dogs older dog -at -large charges than 6 months - Microchip identification - Add restrictions applicable - add sanctions applicable Potentially to dangerous dogs to dangerous dogs Dangerous Dogs - dog must be registered - annual fee - dangerous dog can be killed if it - must be enclosed in proper - require sterilization can't be impounded without Dangerous Dogs enclosure - no more than one dangerous serious risk or it has made more - posted warning on property dog per household than one attack on a person - $50,000 insurance (City Code) - annual fee up to $500 - MS347.56 authorizes animal - microchip identification control authority to destroy a - muzzled and leashed if dog that has inflicted outside its enclosure substantial or great bodily harm - may require sterilization on a human - notification to landlord - MS 347.54 dog may be seized required if restrictions violated and court - notification to purchaser of may order destruction of dog dog required upon conviction - dangerous dog tag - MS 347.54 dog seized for second violation and destroyed upon conviction CLL- 234875v1 BR291-4