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2002 02-25 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION February 25, 2002 6:00 P.M. West Fire Station Training Room 1. City Council discussion of agenda items and questions 2. Special Meeting date week of March 11 3. March 0' work session 4. Miscellaneous 5. Adjourn City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Lasman, Nelson, Peppe, and Ricker From: Michael J. McCauley City Manager Date: February 21, 2002 Re: March 4 th Work Session Agenda The following items have been identified for the March 4 th Work Session: a. Review Social Services b. Discuss rental housing issues: Council Member Ricker c. Discuss future tax issues and limited market value: Council Member Peppe d. TIF review status e. City Manager contract f. Miscellaneous. Please advise if there are additional items that should be added. 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 CITY COUNCIL MEETING City of Brooklyn Center February 25, 2002 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting 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. February 11, 2002 —Study Session 2. February 11, 2002 —Regular Session b. Licenses C. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2002 -05, 06, and 07, Garden City South Street, Storm Drainage, and Utility Improvements d. Resolution Accepting Work Performed and Authorizing Final Payment for Improvement Project Nos. 2000 -16, Palmer Lake Ponds and 2000 -17, Palmer Lake Trail I CITY COUNCIL AGENDA -2- February 25, 2002 8. Appearances a. Todd Paulson, Metropolitan Council b. Representatives of Minnesota Pollution Control Agency and Minnesota Department of Health (Note: Items relating to Council Consideration Items 11 d and 11 e) *Requested Council Action: -None, discussion only. 9. Public Hearings a. An Ordinance Amending Sections of Chapter 12 of the Brooklyn Center Code of Ordinances Relating to the Licensing of Rental Properties • Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. b. Public Hearing, Improvement Project Nos. 2002 -01, 02, and 03, Southwest Area Street, Storm Drainage, and Utility Improvements - Resolution Ordering Improvements and Authorizing Development of Plans and Specifications for Improvement Project Nos. 2002 -01, 02, and 03, Southwest Area Street, Storm Drainage, and Utility Improvements • Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. 10. Planning Commission Item a. Planning Commission Application No. 2002 -003 Submitted by Nathan Wattenhofer. Request for Special Use Permit Approval for Heart Alive Entertainment and Event Center to Operate a Family Entertainment and Event Complex at the Old Cinema 1, II, III & IV Theater Building, 5801 John Martin Drive. The Planning Commission recommended approval of this application at its February 14, 2002, meeting. • Requested Council Action: - Motion to approve Planning Commission Application No. 2002 -003 subject to the conditions recommended by the Planning Commission. CITY COUNCIL AGENDA -3- February 25, 2002 11. Council Consideration Items a. Update on Shingle Creek Tower Project • Requested Council Action: -None, update only. b. Resolution Amending the Schedule for Plumbing Permit Fees • Requested Council Action: - Motion to adopt resolution. C. Staff Report Re: Proposed Twin Lake Management Plan • Requested Council Action: -None, report only. d. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2002 -04, France Avenue Relocation • Requested Council Action: - Motion to adopt resolution. e. Resolution Establishing Parking Restrictions on Old Osseo Road, 53r Avenue, France Avenue, 50` Avenue, Azelia Avenue, and Lakebreeze Avenue • Requested Council Action: - Motion to adopt resolution. f. Staff Report Re: Adopt -A -Park and Park Watch Programs • Requested Council Action: -None, report only. g. Discuss March 11, 2002, Regular City Council Meeting Potential Lack of Quorum • Requested Council Action: - Provide direction. h. Schedule Work Session for March 4, 2002, 6:00 p.m. at West Fire Station *Requested Council Action: - Motion to set Work Session on March 4, 2002, 6:00 p.m. at the West Fire Station. 12. Adjournment When I expressed concerns about the traffic increase on 53 Ave. and Old Osseo Road that would result from commuters wanting to avoid train delays of the France Avenue realignment, I was promised that I'd be able to have them addressed at a public meeting about the street repair project currently before the Council. I've never received notice of such a meeting. The attempt to push this project forward without input from heavily impacted citizens is reprehensible. As soon as the route changeover to Azelia occurs, I am certain that the majority of traffic that currently uses southern accesses in our neighborhood will start using northern ones since frequent train traffic will close the Azelia route for much of the time, and commuters will soon find the train delay risk and lack of an avoidance route is not worth any time or distance savings they could realize. This certainty of heavier residential traffic was ignored by SEH when they did the traffic analysis for alternatives for France Avenue. When I pointed out the omission at the 11/27/2000 Council meeting, Glen Van Wormer responded by misrepresenting chart information to give the false impression that the problem had been considered. The chart only showed the effect on 53 Avenue of diverting some France Ave. traffic to Drew under one alternate. That study as well as the plan you're being presented with now assumed all current traffic to southern neighborhood access points will use the new Azelia route. This ignorant assumption is setting us up for serious traffic and safety problems on residential streets in the neighborhood. The design before you fails to address those problems because its planners either remain unaware or prefer to ignore them. This city has a long history of being unresponsive to concerns of citizens of the southwest community. If this is to be yet another example of that, please at least consider the affects of this increased traffic on commuters trying to leave Brookdale, who will encounter it at the stoplight at 55 and Brooklyn Boulevard. The frequent improper turns at that intersection already obstruct access to southbound Brooklyn Boulevard. That problem will be compounded many times over with the loss of a viable access at the south end of our neighborhood. Another serious problem, unsolved by the current plans, is the many school kids and other commuters who are forced to wait in the streets for busses. A significant increase in traffic will put their lives as well as the many kids at Northport Elementary School at risk. The ideal solution would be a useable southern neighborhood access that would avoid train delays, health problems of the Joslyn Superfund site, destruction of vital environmental resources, and unusual liability and safety risks. Contrary to the misinformation you received in late 2000, a preferable access could even provide cost savings, and would divert traffic currently going to other neighborhood accesses to an industrial area better able to cope with it. The minimally diligent action I expect from our City is to involve ALL residents of Southwest Brooklyn Center ter who will be directly impacted by inadequacies in one of only two remaining viable accesses, and not just the few residents whose homes directly abut those streets, since all of us may soon be using them to a much greater extent than ever before. Anything less will further show a disregard for safety and security of citizens of Southwest Brooklyn Center as was done with the ill- conceived France Avenue redesign that routes us through a blind railroad crossing and over a Federal Superfund site. 7 Y Betcher, John From: Diane Niesen[SMTP:diane.niesen@medtronic.com] Sent: Monday, February 25, 2002 11:41 AM To: James.Kelly @health.state.mn.us; cgarr @mnsun.com; mgears @mnsun.com; ykiinnert @mnsun.com; (winters @mnsunpub.com; fborgwardt @nwct.org; david.douglas @pca.state.mn.us; gerald.stahnke @pca.state.mn.us; john. betcher @pca. state. mn.us; meersman @startribune.com; mkaszuba @startribune.com; alan.williams @state.mn.us; Daniel.Pena @state.mn.us Subject: Brooklyn Center City Council meeting 2/25/02 7:00p: FinalCouncil Approval on France Ave. U R Z BCCA questions 2 -25 -02 to 8CCC.doc Good morning, The attached document is a list of questions that the Brooklyn Center Community Association (BCCA) is distributing to those copied on this email, and has distributed via hand delivery to Sue at Brooklyn Center City Hall, who said she will ensure its delivery to the Mayor and all Councilmembers prior to the start of tonight's meeting. Several Agenda Items for tonight's Council meeting pertain to the proposal to relocate France Ave. through Joslyn Superfund land, covered under state and federal laws. These may include Agenda Items: 8b, 11 c, and 11 d. For those planning on attending tonight's Brooklyn Center City Council meeting, please note that the Agenda Item related to final Council approval actions is Item 11 d. The BCCA is working and has worked to provide complete, correct and clear information to Council over the previous 2 years. Tonight's meeting is the most critical because it is to discuss potential Superfund liabilities that may transfer in full or in part, to Brooklyn Center taxpayers. As such, I have also copied herein MPCA's legal representative for Superfund Law: Alan Williams. The BCCA has invited Mr. Williams to attend tonight's important Council meeting for his ability to answer legal questions related to the potential for City liabilities. Thank you for your interest and attention to this Superfund decision meeting occurring tonight at the City of Brooklyn Center: 763/569 -3300. If you have any questions, please feel free to contact me and if I do not know the answers, I will work to locate the appropriate resource. Kind regards, Diane Niesen Brooklyn Center Community Association 763/514 -2922 (w) 763/536 -9925 (h) Page 1 ti t Brooklyn Center City Council Meeting 02/25/02 France Ave. relocation through Joslyn Superfund Land — Final Decision Brooklyn Center City Council Meeting West Fire Station, Brooklyn Blvd. 02/25/02 Agenda Items: 8b, llc, lld Questions on France Ave. Relocation thru Joslyn Superfund Land from the Brooklyn Center Community Association Questions provided in advance of this meeting, beginning at 7:00 p.m., to: • Brooklyn Center City Council • NWCT Cable 12 • Minnesota Pollution Control Agency (MPCA): Joslyn Project Team and Superfund Legal Department • Minnesota Department of Health (MDH) • SunPost Newspaper • Minneapolis Star Tribune Newspaper 1 i Brooklyn Center City Council Meeting 02/25/02 France Ave. relocation through Joslyn Superfund Land — Final Decision WCA's Domain MPCA -1. Is any portion of Joslyn property deleted by the Environmental Protection Agency (EPA) from their Superfund National Priority List? Why? All federal laws and remedies apply to listed NPL Superfund sites under CERCLAISARA. MPCA -2. Is the aquifer under the proposed relocation of France Ave. still polluted/ toxic? When will this aquifer be safe? Why? Much polluted water is being pumped out per day but pumpout is still scheduled for the next 25 years, or into perpetuity. As long as the water below the site is polluted, it creates a risk. MPCA -3. Is the soil under the three foot soil cap still polluted? Will it remain that way? Why? As long as the soil is polluted, any road maintenance or repair and utility work exposes the City to liability for migration of pollution. MPCA -4. Has the soil and/or water that was washed out/released by the broken water main at Wickes been tested? What are the results? Why? How are Adverse Events handled? How was this event specifically handled and how will future events be handled? MPCA -5. How far underground will utilities under the road be placed? Why? Disruption of toxic soils and aquifer = City liability. MPCA -6. Has anyone evaluated the effectiveness of the "runoff to holding ponds" model? Citizens and MDH officials witnessed runoff from the recent water main rupture into and through the highly toxic West area. Is that a safe treatment plan for toxic water? Wily? The West Area is highly toxic and run -off is not supposed to cross over into Twin Lake. This run -off to Twin Lake was observed during rainfall by citizens. MPCA -7. If this road is constructed, who will be responsible for the safety of moving the excavated, polluted soil, and ensuring no Adverse Effects occur to the groundwater pumpout system? Why? If the City orders this work, the City becomes liable for any release or Adverse Impacts to the groundwater pump "out system no matter who performs. MPCA -8. Can the City be guaranteed to be free from liability from pollutants potentially dislodged by the construction, operation, and maintenance of the road? Why? Where is taxpayer protection documented and/or guaranteed? What are the extent of known risks? MPCA domain questions continued... 2 Brooklyn Center City Council Meeting 02/25/02 France Ave. relocation through Joslyn Superfund Land — Final Decision MPCA -9. Does MPCA issuing a permit for road construction completely protect Brooklyn Center from liability on both the state and federal level? Why? Liability exists at the federal level and no remedy exists to shield land Owners from clean -up costs to the extent those costs are sought. MPCA -10. Would a No Association letter, or the MPCA Permit for Road Construction, imdemnify Brooklyn Center from lawsuits? Describe any situations it does not cover including federal level remedies. Who would best answer this question for our City? Why? Where are the loopholes in liability protection /guarantees? MPCA -11. The City is taking possession of land for this road via Eminent Domain. Will that create "Ownership" at the state and federal levels? Ownership of any part of Superfund land at the federal level is risking liability for becoming a party to Superfund Actions, correct? Will Brooklyn Center be a Superfund Land Owner if they use Eminent Domain to take land for the roadway? Why? Eminent Domain = the taking of land for compensation (remuneration transaction). This is taking Ownership. Owners of-Superfund Land can become Named Responsible Parties therefore subject to the law: Joint and Several. Joint and Several Law provides that all owners share equally in the clean -up costs for Joslyn Land to each's financially capable extent. 3 I i" Brooklyn Center City Council Meeting 02/25/02 France Ave. relocation through Joslyn Superfund Land — Final Decision .r City Staff s domain ' C I. Have any citizens in our southwest community spoken in favor of relocating France Ave. through Joslyn via Azelia? What does City staff know about this? Why? Elected officials should know and care where their constituents stand on issues. CS In your opinion, is the City's legal representative well versed enough in environmental laws that he feels comfortable recommending that the City build a road through the Joslyn Superfund site? Why? Is Mr. Lefevere recommending and/or advising that Council approve the France Ave. road proposal through Joslyn by this final action for plans and specs approval, and the taking of land via Eminent Domain? If our legal advisor won't stand on this as a recommendation, then he ISN'T recommending it. CS -3. Did Mn/DOT send a letter notifying our City that they would help design and fund an alternate routing of France Ave. if proper approvals are not received? Why? Proper approvals haven't been received and it's down to deadlines (Shingle Creek Watershed, MPCA, etc.). Mn/DOT did, in fact, document this to our City June 2001 in a letter from Wayne Norris. CS -4. 50 years from now, who will monitor the road maintenance, reconstruction and utility work to ensure toxic materials are not released? Why? Brooklyn Center and its taxpayers will be responsible for road maintenance and utility work liabilities FOREVER. That is a legacy of RISK to future generations and the viability of our City itself. CS 5. Who owns /operates the water main and where will the water main(s) be located? Wily? The toxic aquifer below the Joslyn site fluctuates between 0' and 20' below the surface. Placing public water supply within a toxic aquifer is a potential carcinogenic exposure path to the public on this site. Groundwater pollution is the main reason this site is listed with EPA as an NPL. CS -6. Is it advisable for the City to begin soliciting bids before receiving Agency approval for the work, and before environmental testing is done? Why? The continued spending of money for this potential roadway unnecessarily is imprudent. CS -7. D Spector was responsible for much of the information we received in the last 3 years regarding the design and proposal to build France Ave. through the Joslyn site. Since she lied to Council at 2/11 meeting, why should trust exist for any of her information / presented to Council regarding France Ave? Who will vouch for its accuracy? Why? Diane Spector designed this road and proposed it to Mn/DOT. She has protected and defended her design to the extent that previous to the 02111102 Council meeting, no one had given the City information relating to CERCLA or any federal laws. 5 Brooklyn Center City Council Meeting 02/25/02 France Ave. relocation through Joslyn Superfund Land — Final Decision MDH's domain MDH -1. On February 5, 2002 a water main ruptured onsite at the Wickes facility. Please explain where this rupture occurred and what the potential for exposure from this 1 incident it? Why? This is example — and foreshadowing — of problems to come. Problems have already arrived, and involve brand new construction. MDH -2. Have all of the soils and waters potentially affected by this roadway, been tested including north of the tracks? Why? Discoveries in the West Area raise doubts as to the Voluntary Reporting of dumps and spills and severe contamination could be discovered. If that happened, that area could be added on to the Superfund land delineation where the City is owner. MDH -3. You are going to hold a Public Hearing on this road proposal? What is the purpose for that meeting? Why? The City should know any ongoing developments and communications g g p related to this site and Lake quality to the same extent its citizens know. MDH -4. What will be your role in overseeing and assessing the safety of this site forever? How will problems become known and how will problems be handled. Why? Since BC is exposing citizens to the Joslyn site, it needs to incorporate reporting mechanisms in order to safeguard them. MDH -5. Won't installing water main(s) within the toxic aquifer be dangerous to the public safety should they rupture, leak or break? Why? This is our water supply. What are the ultimate risks and costs? MDH -6. If utilities are placed within a "clean corridor" beneath the road, what would prevent the toxic shallow aquifer from re- contaminating that corridor? Why? Water supply. MDH -7. Is it possible that digging down to the monitoring well that lies 192' below the surface could become a conduit for Joslyn's toxic groundwater to reach and contaminate the Prairie du Chein aquifer? What are the risks to the water source, and to the City, should that occur? Why? The Prairie du Chein, if contaminated, would be a monumental expense to correct. It is a main source of drinking water for thousands or millions. 4 Brooklyn Center City Council Meeting 02/25/02 France Ave. relocation through Joslyn Superfund Land — Final Decision Charlie Lefevere's domain (legal advice) CL -1. Is there any implied liability if the city requests someone else to move the wells? Why? Common law that whoever makes the request to move wells is ultimtely responsible if anything goes wrong, no matter who does the actual hands -on work. CL -2. Is there more liability created by building this road across an active Superfund toxic waste site than any other street, the same liability, or less liability? Wily? What is the definitive answer? We seldom hear a definitive answer from our paid legal advisor. CL -3. Does our City have insurance to cover environmental liability? Wlty? Where is our protection? What is our financial risk? Does our City lack insurance coverage for actions they are proposing? CL -4. How is it that building a road thru a Superfund site is not "appreciably different" than building it through any other location? Why? Dealing with toxic soils and toxic aquifers is not a normal construction situation. The word "appreciably" is vague and should be outlined either quantitatively or qualitatively. 6 NCP Home Page 1 of 1 Nevus Framework History Transportation Policy foram Nbout Us NNorthwest V 7:_C'`lM W Ott T}iF Oorridor i F rtEtersxip northwest CoTfidof PaTtnefship NORTHH04NEPIN usway Gains Broad COM MUNI[TY COLLEGE Ann Wynia, President NORTH MEMORIAL ' support MEDICALCENTER � HOR1N ET CORRIDOR Scott Anderson, cam STUDY NO The proposed Bus Rapid Tra SWERER BROTHERS Click on the f=ocus project in the Northwest P e ter , ter Scherer, p COMP Pe tAOOKLYN Intersection Areas Corridor earned tri- artisan - PA (labeled from A- Z) for President MAPLE detailed information. endorsement as the 2002 TARGETCIIRPORATtON GROVE Legislature begins to consid Mike Logan, Manager major construction projects of Government Affairs y `. state bonding. Governor TCF Ventura announced on Janu Grey Polies, Vice Chair, ` € °: 14 that his recommendation General counsel,_.,, for state bonding projects `" included $50 million for the CITY Of BROOKLYN PARK Northwest Metro Busway in Mayor Grace Arbogast The Northwest Corridor County Road 81 corridor. CITY€1FCR'YSTAI. Partnership is a I ...... ` . more... Mayor Peter me(ntsm p ublic- p rivat e nvate .., B088tiNS ©ALE p p CRYSrAL:g; CITY OF MAPLE GROVE partnership created From Farm to Market: the Mayor Mark Steffenson to mobilize.,.,. - ��- Changina Landsca_ne of resources for the MINNEAPOLIS grooklvn Park CITY OFOSSEO redevelopment of Mayor Gan Sadler the County Road 81 CITY OFROBBINSDAIE corridor. This Tarqet Focused on mayor ? Holtz roadway travels an Northwest Corridor historic route from CITYOFMINNEAPOUS Minneapolis through Investment Cot,ncit Member Barb Robbinsdale, Johnwn Crystal, Brooklyn North Memorial Reinvest HENFIEPINCOUNTY Park, Osseo, and Commissioner Mike Maple Grove, and Robb opat presents an exceptional METROP011TAN COUNCIL opportunity to Councit Member Todd connect and Paulson strengthen livable NORTH METRO MAYORS communities ASSOCIATION Sara Eppard, Executive Director To find out more about each of the participating WELLSFARGOBANK communities and organizations, click on the names in MtNNESOTA,NA the column at the left. David Wehrman, President and District Manager For more information, please contact: Lou N Louis N. Smith N. Smstn Smith Parker, PLLP Smith Parker, PLLP 808 Colwell Building 123 North Third Street Minneapolis, MN 55401 612.344.1400 voice 612.344.1550 fax info @northwestcorridor.org http : / /www.northwestcorridoi 2/11/02 Blueprint 2030 Stakeholder Workshops on Regional Frameworks REVISED Schedule March 5, Tuesday Dakota County Western Service Center 4:30 -6:00 pm Apple Valley Room 1920 (map gallery at 4:00) (south) 14955 Galaxie Avenue Apple Valley, MN March 7, Thursday Anoka County Library, Rum River Branch 5:30 -7:00 pm Anoka Meeting Room (map gallery at 5:00) (north) 4201 6th Ave Anoka, MN March 12, Tuesday Maplewood Community Center 7:30 -9 am Maplewood Room C (map gallery at 9:30) (east) 2100 White Bear Avenue Maplewood, MN March 14, Thursday Chaska City Hall 7:30 -9 am Chaska City Council Chambers (Wrap gallery at 9:30) (hest) 1 City Hall Plz Chaska, MN 55318 -1962 March 15, Friday Midtown YWCA Minneapolis Rooms 155 & 156 8:30 -10:00 am (central) 2121 East Lake St. (map gallery at 10:30) Minneapolis, MN Target audience: This set of stakeholder workshops is targeted to organizations and individuals with considerable subject platter interest., but are open to the general public. Tentative agenda: - Welcome and introduction - Background on the Blueprint 2030 - Presentation of preliminary forecasts and frameworks (in the context of the Blueprint 2030 objectives and general policy directions) - Discussion on implications and reactions to the objectives (in the context of new growth) - Wrap up and next steps J/ Metropolitan Council Mears Park Centre • 230 East Fifth Street • St. Paul, Nln --ta 55101 -1626 • (651) 602 -1000 • Fax 602 -1550 • l "fl' 291 -0904 Metro Info lane 602-1889 •data center(mpietc star, —i uc www —t-c nu ,d org Regional Growth Policy Committee Schedule 2002 Frank Hornstein, Chair and Carolyn Rodriguez, Vice Chair I Workshop Sessions January -May 2002 3:00 to 5:00 PM Council Chambers Mears Park Center, 230 E. 5"' Street St. Paul, MN 55101 January 16 & 30 Regional Frameworks: ■ Forecasts for 2030 ■ Development Shapers— regional land use and growth patterns February 6 & 20 Implementing the Blueprint ■ Metropolitan Land Planning Act March 6 Implementing the Blueprint ■ Livable Community Frameworks ■ Reinvestment March 20 Implementing the Blueprint • Housing (LCA /comp plan goals) • Rural issues April 3 Implementing the Blueprint ■ Developing, new communities April 17 Implementing the Blueprint ■ Natural Resources ( ?) May 1 Implementing the Blueprint • Alignment policy update • Integrating the implementation strategies May 15 & 29 Defining 2030 Regional Growth Strategy Policy Map • SGTC Regional Scenarios • SGTC Opportunity Sites Blueprint 2030 Review of draft for Fall Public hearing— June - August June 19; July 3, 17 & 31 I Review of Blueprint 2030 Draft Document August 7 & 21 Finalize Public Hearing Draft of Blueprint Public Hearing and Blueprint 2030 Adoption— August- December 2002 August 28 Council adoption of Blueprint 2030 for purposes of public hearings — October 23, 2002 September & October Informational community meetings on public hearing draft October 23 Public hearings (day and evening) November 6 Public hearing record closes November 20 & December 4 Consideration of public hearing comments December 18 Council Adoption of Blueprint 2030 I I • City Council Agenda Item No. 7a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION FEBRUARY 11, 2002 WEST FIRE STATION — TRAINING 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 Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also Present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. CLIFF HOFFMAN, DELOITTE & TOUCHE Cliff Hoffman from Deloitte & Touche addressed the Council to discuss and update regarding the • new audit process and apologized for any confusion with the recent survey. Mr. Hoffman indicated that a letter should have been sent prior to or with the survey. Mayor Kragness informed Mr. Hoffman that she had not received the survey. Mr. Hoffinan stated that he would follow up and see what the issue was as to why she did not receive a survey. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed City Council Agenda Items l Ob, Resolution Calling for a Public Hearing on Proposed Use of 2002 Urban Hennepin County Community Development Block Grant Funds, 7d, Approval of Application for Exemption from Lawful Gambling License from the North Hennepin Community College Foundation for An Event to Be Held on April 19, 2002, at the Earle Brown Heritage Center, 10c, Resolution of the City of Brooklyn Center Approving Hennepin County Housing and Redevelopment Authority's Participation in the Shingle Creek Tower Project, and Economic Development Authority's Agenda Item 4b, Resolution of the Economic Development Authority of the City of Brooklyn Center Approving Hennepin County's Participation in the Shingle Creek Tower Project. Councilmember Ricker indicated that he would like to further discuss the agenda items relating to the participation in the Shingle Creek Tower Project and that he believes some conditions need to be added to the agreement. Councilmember Peppe agreed that there are issues with this project and that he believes further attention is needed. • 02/11/02 -1- DRAFT Councilmember Nelson raised a question on the two Planning Commission items 9a, Planning • Commission Application No. 2002 -001 submitted by Speedway SuperAmerica, LLC requesting for rezoning and site and building plan approval through the planned unit development (PUD) process for the redevelopment of the SuperAmerica Convenience Store /Gas Station at the southwest corner of 57th and Logan Avenues North, and 9b, Planning Commission Application No. 2002 -002 submitted by Marathon Ashland Petroleum requesting for preliminary plat approval to subdivide and combine three parcels totaling 79,496 sq. ft. (1.825 Acres) into two lots at the southwest corner of 57th and Logan Avenues North. He wanted to know if the green space could be amended five feet to allow for future use of roadway expansion if needed and if the building could be shifted. City Manager Michael McCauley indicated that the Council might wish to bring those issues up at the regular meeting to discuss with representatives from SuperAmerica. Councilmember Lasman questioned soil conditions and lighting on the SuperAmerica item. Mr. McCauley informed the Council that he was not aware of any soil problems at that location and that the lighting issue would be another item to discuss with the representatives from SuperAmerica. MISCELLANEOUS Councilmember Ricker requested an update on the recent homicide in Brooklyn Center. Mr. McCauley informed the Council that the composite is complete and that he believes it has not been released. Mr. McCauley discussed that he met with the Superintendent of District No. 279 and that they will be voting on their budget and the closing of Orchard Lane Tuesday, February 19, 2002. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the study session at 6:45 p.m. Motion passed unanimously. City Clerk Mayor • 02/11/02 -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 FEBRUARY 11, 2002 WEST FIRE STATION — TRAINING ROOM 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, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. • Diane Niesen, 5107 East Twin Lake Boulevard, addressed the Council to inquire about the agenda format. She wanted to know how she would address the Council to discuss an item on the agenda since it was not a public hearing item. Mayor Kragness informed Ms. Niesen that she would need to raise her hand and inform the Council that she would like to speak to the Council. Ms. Niesen stated she might like to address the Council regarding agenda item 10e, Staff Report Re: Status of Improvement Project No. 2002 -04, France Avenue Relocation. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn informal open forum at 6:51 p.m. Motion passed unanimously. 2. INVOCATION Donn Escher offered the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:01 p.m. • 02/11/02 DRAFT -1- 4. ROLL CALL • Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Community Development Director Brad Hoffman, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that on January 31, 2002, she attended the D.A.R.E. Graduation for Earle Brown Elementary School and the Special Events Committee meeting. On February 7, 2002, she attended another Special Events Committee meeting to prepare final plans for the 91 Birthday Party. She reported that the 91" Birthday Party was well attended and it was a great time. Councilmember Peppe reported that he attended Thunder Alley's Grand Opening and the event was well attended. He recommended that people visit the new facility and that it is a great place for the young. On February 9, 2002, he attended the 91 Birthday Party and stated that the people who had put together the event did a fantastic job and that it was a nice turnout. • Councilmember Ricker reported that he had been out of town the past 10 to 14 days and that he had nothing to report. Councilmember Nelson reported that he attended the Special Events Committee meetings on January 31 and February 7, 2002, the 91" Birthday Party on February 9, 2002, and the Grand Opening of Thunder Alley. He wanted to mention that the Annual Prayer Breakfast would be on April 13, 2002, that the Heritage Festival will be held on March 17, 2002, from 12:00 p.m. to 4:00 p.m., and that there will be classes providing English as a second language on Wednesdays and Thursdays from 6:00 p.m. to 8:00 p.m. at Northport School. Mayor Kragness offered condolences to the family of Darlene Luther. Mayor Kragness reported that she attended the D.A.R.E. Graduation on January 29, 2002, at Evergreen Park Elementary, and the Special Events Committee meetings. She shared an award that the City of Brooklyn Center received for participation of community service and a recognition from the District No. 286 School Board recognizing the City for the cooperation and collaboration demonstrated by the committees, the City Manager, and the Brooklyn Center City Council as the new Earle Brown Elementary School is planned. 02/11/02 -2- DRAFT S • 7. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes from the January 28, 2002, study session and regular session. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. MECHANICAL General Sheet Metal Corp. 2330 Louisiana Avenue North, Minneapolis Randy & Ruth Inc. 4595 Otter Lake Road, White Bear Lake RENTAL Renewal: 1706 71 st Avenue North Patricia Sandeen • 5837 Brooklyn Boulevard Duane Ferguson 6230 Kyle Avenue North Warren McLaughlin 4207 Lakeside Avenue N, #134 William & Linda Bjerke Initial: 2401 -03 54th Avenue North Robert Messersmith 5332 -36 Russell Avenue North Douglas Ryan 3206 Thurber Road Mains'l Services, Inc, Teresa Williams TAXICAB Chukwudi Okeke 6720 Cedar Avenue, Richfield 7e. APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE FROM THE ANOKA COUNTY PHEASANTS FOREVER FOR AN EVENT TO BE HELD ON MARCH 9, 2002, AT THE EARLE BROWN HERITAGE CENTER A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve application submitted by Anoka County Pheasants Forever for an event to be held on March 9, 2002, at the Earle Brown Heritage Center. Motion passed unanimously. 02/11/02 -3- DRAFT I 7d. APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL • GAMBLING LICENSE FROM THE NORTH HENNEPIN COMMUNITY COLLEGE FOUNDATION FOR AN EVENT TO BE HELD ON APRIL 19, 2002, AT THE EARLE BROWN HERITAGE CENTER A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve application submitted b North Hennepin Community College Foundation for an event to be held on April 19, Y p Y g P 2002, at the Earle Brown Heritage Center. Motion passed unanimously. 7e. RESOLUTION DECLARING SURPLUS PROPERTY RESOLUTION NO. 2002 -18 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7f. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT • WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS RESOLUTION NO. 2002 -19 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 02/11/02 -4- DRAFT • 8. PUBLIC HEARING 8a. IMPROVEMENT PROJECT NOS. 2002 -05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS - RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2002 -05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS City Engineer Todd Howard provided an overview of the project that included a summary explanation, proposed assessments, project timeline, and recommended that the resolution be adopted for ordering the improvements and authorizing the development of plans and specifications for the project before opening the public hearing. A motion by Councilmember Lasman, seconded Councilmember Peppe to open the Public Hearing. Motion passed unanimously. Tony Kuefler, 5943 Abbot Avenue North, addressed the Council to discuss that he was in favor of the project and to commend staff for an excellent job with the materials provided to the residents on the project. Blossom Robinson, 5912 Xerxes Avenue North, addressed the Council to inquire about the • assessment calculations. Mr. Howard provided the information she requested. Joseph Cloutier, 5907 York Avenue North, addressed the Council to discuss the concern he had with 59" Avenue North being a cut - through and suggested that something also be done about the speed. Mr. Howard informed Mr. Cloutier that traffic had been discussed at both neighborhood meetings and there had been a wide range of proposals since the 1990's; however, there has been no consensus on a plan. Vilas Mindrum, 3312 61St Avenue North, addressed the Council to question whether or not there would be interest charged on the assessments if paid over ten years, a problem with a drain backing up once a year, and the apron and two trees on his property. Mr. Howard stated that interest would be applied if assessment is paid over ten years, that it is the resident's responsibility to have drainage problem researched, that the apron will have to be ten feet or ten percent of the driveway, and that the two trees would be gone if the sewer were to be dug. Patricia Cloutier, 5907 York Avenue North, addressed the Council to discuss that her sewer had backed up causing damage in her basement and questioned if her street would be scheduled for sewer replacement during this project. Mr. Howard informed her that York Avenue North was scheduled for sewer replacement. • 02/11/02 -5- DRAFT Leonard Lane, 6012 Washburn Avenue, addressed the Council with his concern of the first notice being notification of the public hearing and nothing before that notice. Mr. Howard apologized and informed Mr. Lane that he would like to discuss the project with him personally. Harlan Daudt, 6000 York Avenue North, addressed the Council to question if his driveway could be wider than proposed during the construction. Mr. Howard stated that the City would need notification of the request. Yung Chin Yiu, 5836 Upton Avenue, addressed the Council to request a description of the money relating to this project. Mr. Howard informed Mr. Yiu that the information had been presented at the two neighborhood meetings and that a feasibility report could be provided for his review. Al Forsman, President of American Little League, addressed the Council requesting information on how the assessment was calculated for the property at 6030 Vincent Avenue North. Mr. Howard informed Mr. Forsman that the plat map shows a 79 -foot frontage and that the commercial rate had been applied to the property. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2002 -20 Councilmember Nelson introduced the following resolution and moved its adoption: t RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2002-05,06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2002-001 SUBMITTED BY SPEEDWAY SUPERAMERICA, LLC. REQUEST FOR REZONING AND SITE AND BUILDING PLAN APPROVAL THROUGH THE PLANNED UNIT DEVELOPMENT (PUD) PROCESS FOR THE REDEVELOPMENT OF THE SUPERAMERICA CONVENIENCE STORE /GAS STATION AT THE SOUTHWEST CORNER OF 57TH AND LOGAN AVENUES NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JANUARY 31, 2002, MEETING. 02/11/02 -6- DRAFT • • - RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -001 SUBMITTED BY SPEEDWAY SUPERAMERICA, LLC -AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST CORNER OF 57TH AND LOGAN AVENUES NORTH) Planning and Zoning Specialist Ron Warren briefly outlined Planning Commission Applications 2002 -001 requesting rezoning and site and building plan approval through the Planned Unit Development process for the redevelopment of SuperAmerica convenience store /gas station at the southwest corner of 57 Avenue and Logan Avenues North, and 2002 -002 requesting for preliminary plat approval to subdivide and combine three parcels into two lots at the southwest corner 57"' Avenue and Logan Avenues North. The Planning Commission recommended approval of both applications at its meeting on January 31, 2002. Planning Commission Application 2002 -001 had been approved subject to the following conditions: • The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. • The Planned Unit Development proposal will allow for the utilization of the land in • question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. • The utilization of the property as proposed under the Planned Unit Development rezoning is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a gasoline station to abut R -1 zoned property; a building encroachment into the 35 ft. buffer area where the property abuts with 5639 Logan Avenue North; and a less than 15 ft. greenstrip along the 57th Avenue North right of way line. These modifications from the C -2 standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved development plan. • The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. • 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. • 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. • 02/11/02 -7- DRAFT • The building plans are subject to review and approval by the Building Official with respect • to applicable codes prior to the issuance of permits. • Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. • A site performance agreement and supporting financial guarantee in an amount to be deterniined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all site improvements. • B -612 curb and gutter shall be provided around all driving and parking areas. • Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. • The building shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. • An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. • Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. Specifically, identification signs shall not be allowed on the canopy, nor shall the faces of the canopy be internally or externally lit. Canopy signs may only be allowed in lieu of other permitted freestanding signs. • The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. • The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. • All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center standard specifications and details. • The applicant shall provide appropriate erosion control during construction as approved by the City's Engineering Department. • No building permit will be issued for construction of the proposed building until the plat gp p p g p comprehended under Planning Commission Application No. 2002 -002 has been modified, given final approval by the City Council and filed with Hennepin County. 02/11/02 -8- DRAFT • • • The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C -2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. • Approval of the application acknowledges that the south wall of the building shall contain only one emergency exit with lighting consistent with that shown on the development plan. • All lighting fixtures, whether freestanding or beneath the canopy, will have the light source completely enclosed and will have flat and flush lenses. • The applicant shall use fuel dispenser mounted fueling point specific microphones and speakers for required communications with customers at the pump island areas. • No car wash facilities are comprehended as part of this development plan nor will such facilities be allowed in the future. • The development plan shall be modified prior to the issuance of building permits in the following manner: • a. to include the 8' X 130' conveyance of land to the property at 5639 Logan Avenue North. b, to show the extension of sidewalk between the building and existing sidewalk on Logan Avenue North. Mayor Kragness questioned the previous leakage from the tanks at that location. Mr. Warren discussed that it is proposed to have the tanks replaced as part of the construction. Councilmember Lasman questioned the lighting in the back of the building and if the neighbors abutting the road of that building were okay with the proposed lighting. Mr. Warren informed the Council that the concern from the neighbors was bright lighting and that the door at that location of the building will be for emergencies. It was felt that less lighting would bring less activity in that area. Councilmember Nelson questioned the long -range concerns about the access at the location and questioned whether or not SuperAmerica would be open to amending the greenspaee back five feet to allow for roadway expansion if needed in the future. Michael Cronin, SuperAmerica representative, addressed the Council to discuss that the plans proposed are final plans and if the greenspace is moved back five feet it would bring the plan five feet into residential area. • 02/11/02 -9- DRAFT I Councilmember Nelson questioned whether or not the building could be shifted to provide more room to turn at the location. Mr. Cronin stated that it certainly could; however, he believes that the plan proposed allows room to move and will ease circulation. Mr. Cronin informed the Council that he would prefer not changing this proposed plan and that he believes that it maximizes benefits and is the best package to provide for the neighbors in the area and reflects the meetings with the neighbors and the neighbors requests. Mayor Kragness thanked Mr. Cronin for all his work with the proposal and for working so well with the neighbors. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 2002 -001 subject to the above listed conditions. Motion passed unanimously. RESOLUTION NO. 2002 -21 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -001 SUBMITTED BY SPEEDWAY SUPERAMERICA, LLC The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading of Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Southwest Corner of 57 "' and Logan Avenues North) and set second reading and public hearing for March 11, 2002. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2002-002 SUBMITTED BY MARATHON ASHLAND PETROLEUM. REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE AND COMBINE THREE PARCELS TOTALING 79,496 SQ. FT. (1.825 ACRES) INTO TWO LOTS AT THE SOUTHWEST CORNER OF 57TH AND LOGAN AVENUES NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JANUARY 31, 2002, MEETING. Mr. McCauley discussed that Mr. Warren had included the discussion of this item with agenda item 9a. The Planning Commission recommended approval of this application at its January 31, 2002, meeting subject to the following conditions: 02/11/02 -10- DRAFT • • Final plat is subject to review and approval by the City Engineer. • The final plat is subject to the provisions of Chapter 15 of the City Ordinances. • Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2002 -001. • The plat shall be modified to include the lot at 5639 Logan Avenue North and the proposed 8 ft. conveyance to be attached to that lot. Survey data shall be submitted to the City Engineer and the final plat shall include this lot. • Building permits for construction of the SuperAmerica building comprehended under Planning Commission Application No. 2002 -001 shall not be issued until the final plat has been received by the City Council and filed with Hennepin County. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 2002 -002 subject to the above listed conditions. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS • 10a. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR FAMILY FUN ACTIVITIES Mayor Kragness discussed that the Brooklyn Center Lions Club had donated $600 to be designated for support of Family Fun Day Activities and that this resolution expresses appreciation for the gift. RESOLUTION NO. 2002 -22 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR FAMILY FUN ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10b. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2002 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS • 02/11/02 -11- DRAFT Mr. McCauley discussed that Hennepin County had notified the City that its share of the 2002 Urban • Hennepin County Community Development Block Grant (CDBG) Funds is $234,516 and that this amount decreased $7,778 over last year's allocation. This resolution would call for and set March 11, 2002, for a public hearing on the proposed CDBG Funds. RESOLUTION NO. 2002 -23 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2002 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. loc. RESOLUTION OF THE CITY OF BROOKLYN CENTER APPROVING HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY'S PARTICIPATION IN THE SHINGLE CREEK TOWER PROJECT Mr. McCauley discussed that the Hennepin County Housing and Redevelopment Authority (HCHRA) had approved a loan of $400,000 to AMCON for the Shingle Creek Tower project through its Affordable Housing Incentive Fund (AHIF) and that they are requesting approval from the City before they move forward with the project. Councilmember Lasman made a motion to approve the resolution. Councilmember Peppe discussed that he believes this issue needs more discussion and wanted to know how the City could be protected against any problems that might occur in the future. Mr. McCauley informed the Council that the issue is a complicated one and that if the Council were not to approve this resolution it would create the possibility of losing the funds for the project. Councilmember Ricker questioned what would happen if the renting market goes bad in the future and what would be the City's responsibility for the building. He stated that he believes the Council needs more facts before approving this resolution and suggested conditions be an absolute for the development agreement. Mayor Kragness reminded the Council that they had asked for help from the County Commissioner on getting funding and approval for this project. Community Development Director Brad Hoffman addressed the Council to discuss the project history and some of the concerns that Councilmember Peppe and Councilmember Ricker had on the proj ect. 02/11/02 -12- DRAFT • • He explained the resolution this evening does not finalize the project and that the development agreement approval for the project would finalize the project. The development agreement approval for the project will be on the March 11, 2002, agenda. Council further discussed the issue and concerns that might arise if the project moves forward. Councilmember Ricker stated that he would like conditions added and Councilmember Peppe stated that safeguards are needed and should be added to the development agreement. Mayor Kragness questioned if this item could be tabled to the March 11, 2002, meeting to allow for research to be done. Mr. McCauley stated that the item could be tabled and suggested that staff be directed to explore this issue with the City Attorney. Councilmember Lasman withdrew her motion to approve the resolution. Councilmember Nelson made a motion, seconded by Councilmember Peppe to table this resolution to the March 11, 2002, meeting, and to direct staff to explore this issue with the City Attorney and provide an update on the progress at the February 25, 2002, meeting. Motion passed unanimously. 10d. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2002-01,02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS • Mr. McCauley iscussed that this resolution would the engineer's feasibility report, for a y o d accept e g y ort p, public hearing for the improvements in the Southwest area, and postpones improvements on 47`'' and 48"' Avenues North until at least 2004. RESOLUTION NO. 2002 -24 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. • 02/11/02 -13- DRAFT 10e. STAFF REPORT RE: STATUS OF IMPROVEMENT PROJECT NO. 2002- • 04, FRANCE AVENUE RELOCATION Mr. McCauley briefly discussed the previous history and the anticipated timeline for the project along with informing the Council that at its February 25, 2002, meeting the Council would have on the agenda approval for plans and specifications, advertisement for bids, State Aid designation/removal, cooperative agreement with the Minnesota Department of Transportation (Mn/DOT), and to proceed with easements not on the Joslyn site. If these items are not approved the contract cannot be awarded for construction. Chris Thompson from Geomatrix addressed the Council to discuss the findings of the Response Action Plan (RAP) and informed the Council that Geomatrix oversees the work associated with the Azelia Avenue extension and that all work is documented into the RAP and then submitted to the Minnesota Pollution Control Agency (MPCA). The MPCA will be discussing the RAP at an Open House on March 12, 2002. Mr. McCauley requested City Attorney Charlie LeFevere to discuss the City's liability. Mr. LeFevere discussed the information that he prepared and distributed to the Council on the liability associated with the project. After Mr. LeFevere's discussion on liability he informed the Council that they had been practical to prevent liability standards and are doing what they can legally do at this point. Mr. LeFevere discussed further details relating to the Comprehensive Environmental Response, • Compensation and Liability Act (CERCLA) and the Minnesota Environmental Response and Liability (MERLA) that also was referenced in his materials. Mr. LeFevere explained that the City should not become involved in a lawsuit; however, it could possibly happen. unci mem er Pe e questioned who would moving the wells when the move will take Co 1 b o o d be mo i Pp q g � lace p and if the City ould be held responsible for liability after the move. Mr. McCauley iscussed that it Y p Y Y is still to be determined. Diane Niesen, 5107 East Twin Lake Boulevard, addressed the Council to provide copies of letters that were dated from June 28, 2001, and July 24, 2001, for Mr. O'Keefe to review. Mr. O'Keefe stated that he believes that the liability with Mn/DOT is not any different than what the City's liability would be and that the liability risk is low. Ms. Niesen questioned who was invited from the MPCA to this meeting. Public Works Director Diane Spector informed Ms. Niesen that the people who were associated with the project were invited and named John Healy and a new person from the MPCA. Ms. Niesen informed the Council that she had spoken with other representatives from the MPCA, who she believed are involved in this project, and that they were not aware of this meeting. 02/11/02 -14- DRAFT • • Ms. Niesen stated that she believes even though the City Attorney provided a legal opinion, the City Council might want to check with Jerry Stahnke from the MPCA for an opinion. Ms. Niesen feels that there is a lawsuit written all over this project and that the Council needs to be aware that according to Mr. Stahnke BARR Engineering did not submit a response to Mn/DOT. 11. ADJOURNMENT A motion by Councilmember Ricker, seconded by Councilmember Peppe to adjourn the City Council meeting at 10:16 p.m. Motion passed unanimously. City Clerk Mayor • • 02/11/02 -15- 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: February 20, 2002 of- 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 February 25, 2002. MECHANICAL Nielsen's Equipment & Design 4301 Quebec Avenue North, New Hope RENTAL • Renewal: 1316 68th Lane Valerie McKissack Initial: 2926 53rd Avenue North Nita Morlock 5631 Bryant Avenue North Yolanda Cox 6448 Willow Lane Brett Hildreth 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 City Council Agenda Item No. 7c MEMORANDUM DATE: February 20, 2002 TO: Michael J. McCauley, City Manager A FROM: Todd Howard, City Engin,l e SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2002 -05, 06, and 07, Garden City South Street, Storm Drainage, and Utility Improvements On February 11, the City Council held a public hearing on the proposed Garden City South Improvements. Following the hearing the City Council ordered the improvements and directed the preparation of final plans. Plans now have been completed for the Garden City South project. It is recommended that the City Council approve the attached resolution approving the plans and specifications and authorizing advertisement for bids. Detailed plan sheets will be available for Council review Monday evening, or prior to then at any Council Member's request. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2002 -05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the City Council on February 11, 2002 by Resolution No. 2002 -20 ordered Improvement Project Nos. 2002 -05, 06, and 07, Garden City South Street, Storm Drainage, and Utility Improvements, and authorized the preparation of plans and specifications; and WHEREAS, City staff under the direction of the City Engineer have prepared said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The plans and specifications for said improvement project are hereby approved and ordered filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Brooklyn Center for 5 percent of the amount of such bid. 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: S and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7d MEMORANDUM DATE: February 20, 2002 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment for Improvement Project Nos. 2000 -16, Palmer Lake Ponds and 2000 -17, Palmer Lake Trail On December 11 2000 the City Council awarded a contract to Veit Construction Company in > Y p Y the amount of $206,460. On June 25, 2001, Change Order No. 1 was approved for additional earthwork in the amount $59,052.50, for a revised contract amount of $265,512.50. Veit Construction Company has completed the work in accordance with the specifications. The final contract amount of $258,576.60 is $6,935.90 under the approved amount due to an under run in contract quantities. It is recommended to accept the work performed and authorize payment in the amount of $258,576.60. i adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NOS. 2000 -16, PALMER LAKE PONDS AND 2000 -17, PALMER LAKE TRAIL WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Veit Construction Company has completing the following improvement in accordance with said contract: Improvement Project Nos. 2000 -16 and 2000 -17, Contract 2000 -G, Palmer Lake Ponds and Palmer Lake Trail NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on said contract, taking the contractors receipt in full. The total amount to be paid for said improvement under said contract shall be $258,576.60. 2. Projected costs and revenues are hereby amended as follows: RESOLUTION NO. COSTS Per Change Order No. 1 Final Payment Contract $ 206,450.00 206,450.00 Change Order No. 1 59,052.50 52,126.60 Contingency 10 645.00 g Y , Subtotal Construction Cost $ 276,147.50 258,576.60 Admin/Legal /Engr. 65,000.00 75,429.97 Landscaping $ 10,000.00 10,000.00 Total Estimated Project Cost $ 351,147.50 344,006.57 REVENUES Storm Drainage Utility $ 201,147.50 194,006.57 Tax Increment EDA $ 150,000.00 150,000.00 Total Estimated Revenue $ 351,147.50 344,006.57 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 8a SENT BY: 2 -20- 2 : 11:28: METRO COUNCIL 763 563 3494:# 2/ 2 Metropolitan Council • Building communities that work OEM Memorandum From Council Member Todd Paulson 11ATF,: February 20, 2002 TO: Brooklyn Center Mayor and City Council FROM: Metropolitan Council Member Todd Paulson SUBJECT- February 25, 2002 Council Meeting Our northwest communities are expected to grow by 20% over the next twenty years. As community leaders you know that poor planning for w this growth may result in increased traffic congestion and a tighter housing market. As the region continues to grow, our high quality of life aid economic competitiveness could be jeopardized. Tn response to these challenges, the Metropolitan Council has launched an extensive and interactive p.iblic process to revise its overall growth and investment strategy for the metropolitan area — the Regional Blueprint. T'ie Blueprint is the Council's action plan to enhance economic growth and development, bolster • reinvestment, strengthen environmental protection, and build vital local and regional communities. The Council is committed to a dialogue with citizens, local government, business and others in dwveloping the new action plan — Blueprint 2030 — by December 2002. T`ae first round of these Blueprint 2030 public meetings will be in March 2002. invitations have already b1�en mailed. if you have any questions, do not hesitate to contact me directly at 763.560.2122. T'ie Northwest Corridor Busway project is also moving ahead. 'Together we are making significant st rides toward obtaining the funding, support, and design of a first -rate bus rapid transit system as reinvestment in our redevelopment. T'iank you for giving me the opportunity to present our planning partnership for the Blueprint 2030, and update you on the Busway. 1 look forward to seeing you at your upcoming Council Meeting on February 2a, 2002. • Metropolitan Council MW3 Paris loam _ 230 N■xt Fllih Skeet • SL Puu1. MLuluota SS 101.1626 • (651) 602- 1000 • Fax 602.1550 • TTY 291 - 0904 City Council Agenda Item No. 8b There are no materials for this item. • City Council Agenda Item No. 9a CITY OF BROOKLYN CENTER Notice is he to hereby given that a public hearing will be held p g d on the 25 day of February 2002, at 7:00 • p.m. at the West Fire Station, 6250 Brooklyn Boulevard, to consider an amendment to city code provisions relating to licensing of rental properties. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763 -569 -3308 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS OF CHAPTER 12 OF THE BROOKLYN CENTER CODE OF ORDINANCES RELATING TO THE LICENSING OF RENTAL PROPERTIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 12 -910 is amended as follows: Section 12 -910. LICENSE SUSPENSION, [OR] REVOCATION AND NON - RENEWAL. 1. Every operating license issued under the provisions of this [ordinance] Chapter is subject to suspension or revocation by the City Council [should the licensed owner or his duly authorized agent fail to operate or maintain licensed rental dwellings and units therein consistent • with the provisions of the ordinance of the City of Brooklyn Center and the laws of the State of Minnesota]. In the event that an operating license is suspended or revoked by the City Council [for just cause], it shall be unlawful for the owner or [his] the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid operating license may be restored by the City Council. Any person violating this [provision] section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than One Thousand Dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Each day of each violation shall constitute a separate punishable offense. The Council may revoke, suspend or decline to renew any license issued under this Chapter upon anv of the following grounds: a. false statements on any application or other information or report required by this Chapter to be liven by the applicant or licensee. b. failure to pay any application. penalty, reinspection or reinstatement fee required by this Chapter and City Council resolution. C. failure to correct deficiencies noted in notices of violation in the time specified in the notice. d. any other violation of this Chapter. • e. failure to operate or maintain the licensed premises in conformity with all applicable state laws and codes and this Code of Ordinances. ORDINANCE NO. • 2. Revocation, suspension and non - renewal may be brought under either this Section or Section 12 -911, or both. 3. A decision to revoke, suspend, deny or not renew a license shall be preceded by written notice to the applicant or lice_ nsee of the alleized grounds therefor and the applicant or licensee will be given an opportunity fora hearing before the City Council before final action to revoke, suspend, deny or not renew a license. The Co_ uncil shall give due regard to the frequency and seriousness of violations. the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. 4. The Council may suspend or revoke a license or not renew a license for part or all of a facility. 5. Licenses may_ be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subiect to compliance with this Chapter any conditions imposed by the - - _ . .. City Council at the time of suspension. Licenses that are revok will not be rein until the owner has applied for and secured a new license and complied with all conditions imposed at the - - time of revocation. Upon a decision to revoke a license, no new application for the same facility will be accepted for the period of time specified in the Council's written decision, which shall • not exceed one year. A decision not to renew a license may take the form of a suspension or revocation. A decision to deny an initial application for a new facility will not take the form of a suspension or revocation unless false statements have been made by the applicant in connection with the application. A decision to deny an initial application shall state conditions of reapplication. All new applications must be accompanied by a reinstatement fee,_ as specified by Council resolution, in addition to all other fees required by this Chapter. 6. A written decision to revoke, suspend, deny or not renew a license or application shall specify the part or parts of the facility to which - it applies. Thereafter, and until a license is reissued or reinstated, no rental units becominE vacant in such part or parts of the facility may be relet or occupied. Revocation, suspension or non - renewal of a license shall not excuse the owner from compliance with all terms of state laws and codes and this Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non- renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non - renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, _ .. revocation or non - renewal specified in the City Council's written decision or in paragraph 5. of this Section. Section 2. Section 12 -201 paragraph 18 is amended as follows: 18. Owner - a person, agent, firm or corporation having a legal or equitable interest in the property. In any corporation or partnership, the term owner includes general partners and corporate officers. ORDINANCE NO. • Section 3. Section 12 -1201 is amended as follows: Section 12 -1201. COMPLIANCE ORDER. Whenever the compliance official determines that any building or portion thereof, or the premises surrounding any of these, fails to meet the provisions of this Chapter, a compliance order setting forth the violations of the ordinance and ordering the owner, occupant, operator, or agent to correct such violations shall be issued. This compliance order shall: 1. Be in writing. 2. Describe the location and nature of the violations of this ordinance. 3. Establish a reasonable time for the correction of such violation and notify of appeal recourse. 4. Be served upon the owner or agent or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: a. Served upon owner, agent or occupant personally; or . b. Sent by l st class mail to his /her last known address; or C. Upon failure to effect notice through (a) and (b) as set out in this section, posted at a conspicuous place in or about the building, or portion thereof, which is affected by the notice. Violations may be cited by the City and prosecuted, and lic sus pension, revocation or non- renewal may be undertaken by the City whether or not a compliance order has been issued. Section 4. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 2002. Mayor ATTEST: City Clerk Date of Publication: Effective Date: • (Underline indicates new matter; brackets indicate matter to be deleted.) Office of the City Clerk City of Brooklyn Center A Millennium Community • Sharon Knutson City Clerk February 8, 2002 Dear Rental Property Owner: The City Council of the City of Brooklyn Center will hold a public hearing on Monday, February 25, 2002, at 7 p.m. or as soon thereafter as the matter may be heard at the West Fire Station, 6250 Brooklyn Boulevard, to consider an amendment to Chapter 12 of the City of Brooklyn Center Code of Ordinances relating to rental properties. All persons may appear at the public hearing and present their views orally or in writing. A copy of the proposed ordinance amendment is enclosed. Sincerely, �J" • Sharon Knutson, CMC City Clerk Enclosure 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 I Smooth Feed SheetsTM Qa Use template for 5160 WILLIAM H WASHINGTON Mark A. Anderson Hongru Shen 5241 DREW AVE N Attn: C/O Foxe Basin Inc 1849 Eldridge Ave W Brooklyn Center, MN 55429 200 L dale Ave N. Suite 300 Roseville MN 55113 Yn , • Minneapolis, MN 55405 John Schwarz Beard Avenue Apartments 6694 Fridley Str NE Attn: Ken Phelan Fridley, MN 55432 P. 0. BOX 4038 St Paul, MN 55104 James & Melanie DeBellis James & Bobbie Simons 12319 87th Ave N 8632 Riverview Lane N Maple Grove, MN 55369 Brooklyn Park, MN 55444 Chuzong Xiong Richard Grothe MILLER MANAGEMENT CO 7733 Florida Ave N 5324 River Bluff Curve 3947 EXCELSIOR BLVD Brooklyn Park, MN 55445 Bloomington, MN 55437 Minneapolis, MN 55416 Patricia Beier Brian Doyle Route 2, Box 74 1510 69th Ave N # Cologne, MN 55322 Brooklyn Center, MN 55430 W sh Danesh Thomas S. Schaff Gary Brummer 1647 Stanbridge Ave 700 58th Ave NE 507 70th Ave N Roseville, MN 55113 Fridley, MN 55432 Brooklyn Center, MN 55430 Curtis Cady Eugene Hess Modell Investments 29245 Dahlia Str NW 5085 Fern Drive Attn: Bill Modell Isanti, MN 55040 Loretto, MN 55357 3521 Maplewood Circle Excelsior, MN 55331 Michael Cederberg Xeng Yang Attn: Michael Cederberg 3500 75th Ave N 13208 Uplander St NW Brooklyn Park, MN 55443 Coon Rapids, MN 55448 Richard Olson Janet Kmett Hillawa Y Investments, LLC 6800 France Ave S, Suite 600 10 Wedgewood Ln N Attn: Miles Fiterman C/O Ira Sklader Edina, MN 55435 Plymouth, MN 55441 5217 Wayzata Blvd, Suite 212 St Louis Park, MN 55416 • Paul Henkel 3012 51st Ave N Brooklyn Center, MN 55429 III AVERY® Address Labels Laser 5960 TM Smooth Feed SheetsTM Use template for 5160 Nedzad Ceric Twin Lakes Properties, LLP 7240 West River Road 3311 53rd Ave N #103 Brooklyn Center, MN 55430 Brooklyn Center, MN 55429 • Donald Sobania Gary Scherber Lida Properties P. O. Box 131132 1335 River Terrace Park Attn: Douglas C. Lida Roseville, MN 55113 P.O. BOX 366 10580 Kumquat St NW, Suite 9 Monticello, MN 55362 Coon Rapids, MN 55448 Korey Bannerman Anda Construction 3237 Hennepin Ave S Attn: Roger Anda Minneapolis, MN 55408 1336 25th Ave S, Suite 200 Fargo, ND 58103 I Pal Ace Yang Jerry & Karen Fobbe 3500 75th Ave N 4811 Lakeview Ave N #4 Brooklyn Park, MN 55443 Brooklyn Center, MN 55429 Terry L. Hartmann Big Norway LLP Lang Nelson Associates 6417 Zealand Ct N Attn: Noreen J Miller Attn: Frank W. Lang Minneapolis, MN 55428 1 Rivercrest Dr, #103 4601 Excelsior Blvd, Suite 650 St Cloud, MN 56303 -0000 Minneapolis, MN 55416 *ph Brauer 2805 67th Lane N Brooklyn Center, MN 55430 Jason Quilling Darnella Anderson Earle Brown Farm Apartments 13440 N Diamond Lake Rd 5101 Xerxes Ave N Attn: Sheldon Tisk Dayton, MN 55327 Brooklyn Center, MN 55430 912 Nine Mile Cove So Hopkins, MN 55343 Dariush Danesh Michael W. Haase 1647 Stanbridge Ave 1816 44th Ave NE Roseville, MN 55113 Columbia Heights, MN 55421 Lang- Nelson Associates Midwest Management Ewing Square Associates Attn: Frank W. Lang Attn: Michael Lupient 32 10th Ave S 4601 Excelsior Blvd 7100 Wayzata Blvd Hopkins, MN 55343 Minneapolis, MN 55416 Golden Valley, MN 55426 -1758 'el L. Soffa Evangelical Lutheran Church of the Master B C Leased Housing Association LTD Evergreen Ln N 1200 69th Ave N 2355 Polaris LN N #100 outh, MN 55441 Brooklyn Center, MN 55430 Plymouth, MN 55447 //p AVERY® Address Labels Laser 5960 TM Smooth Feed Sheets TM Use template for 5160 Center Park Senior Apts, Inc. 5415 69th Ave N Brooklyn Center, MN 55429 • Norman Chazin Wiensch Construction The Gaughan Companies 5353 Wayzata Blvd Attn: James E. Wiensch Attn: Patrick J. Gaughan Suite 602 10766 N Torrey Dr S 299 Coon Rapids Blvd, Suite 210 Minneapolis, MN 55416 Mequon, WI 53092 Coon Rapids, MN 55433 The Pines North, LLC Bartholomew F. Dabrowski Attn: Norlin G. Boyum 5001 Ewing Ave N Apt 4 7800 Metro Parkway, Suite 200 Brooklyn Center, MN 55429 -3928 Minneapolis, MN 55425 Sommerset Place Apartments, LLC Curtis Erickson Bob and Sally Robson Attn: Korey Bannerman 4809 Twin Lake Ave N 4617 West Woodland Road 3237 Hennepin Ave S Brooklyn Center, MNT 55429 Edina, MN 55424 Minneapolis, MN 55408 Donald B. Kasbohm Edward Doll 3624 Kipling Ave So 6005 Wynnwood Rd St Louis Park, MN 55416 Golden Valley, MN 55422 Partners LLP Willco Properties Attn: Gerald A. Fenstad Attn: Doug & Kathleen WIlliams 9161 Dunlap Ave #12 9208 Northwood Pkwy Lexington, MN 55014 New Hope, MN 55427 Janine Atchison Redevco Marvin Garden LTD Philip & Ginger Luoma Anderson 5907 JUNE AVE N 331 2nd Ave N 5308 Emerson Ave N Brooklyn Center, MN 55429 Minneapolis, MN 55401 Brooklyn Center, MN 55430 Nancy G. Dahlquist J M BENSON MYRNA L HUBERT 4704 Lakeview Ave N P O BOX 64562 3300 84TH AVE N Brooklyn Center, MN 55429 St Paul, MN 55164 -0562 Brooklyn Park, MN 55443 Minnesota Lakes Realty Soderberg Apartment Specialists Penelope Brown Attn: S Richard Silvemess Attn: James Soderberg 4819 Azelia Ave N, Apt 11 1421 E Wayzata Blvd #230 6401 Camden Ave N Brooklyn Center, MN 55429 Wayzata, MN 55391 Brooklyn Center, MN 55430 O den City Court TLN LA NEL Philip Clovers Egons Podnieks 4539 58th Ave N 7081 Montrose Rd Box 11532 Brooklyn Center, MN 55429 Woodbury, MN 55125 St Paul, MN 55111 -0532 91 AVERY® Address Labels Laser 5960T`" Smooth Feed SheetsTM Use template for 5160 Paul E. Hinck David Theisen CHDC LTD Partnership 3209 73rd Lane 5559 Lyndale Ave N Attn: C/O BDC Management CO Brooklyn Park, MN 55443 Brooklyn Center, MN 55430 428 No First Street • M Minneapolis, N 55401 D & J Properties LLC Attn: Diane & Ronald Miller 5316 Matterhorn Dr NE Fridley, MN 55421 Bruce Waage 7932 West River Road Brooklyn Park, MN 55444 Dudley & Joy Peno Dennis J. Bona 6509 372nd Street 3977 Tyler St NE North Branch, MN 55056 Columbia Heights, MN 55421 i S y Nguyen Tommy Vang 4204 Lakebreeze Ave N, Apt 3 3834 Portland Ave Brooklyn Center, MN 55429 Minneapolis, MN 55409 Judith Farrier 1601 Knight St Shoreview, MN 55426 Thomas Richard Lee KMS Management, Inc. 10455 43rd Ave N 5801 So Cedar Lake Road Plymouth, MN 55442 Suite A St Louis Park, MN 55416 -1481 Norene Miller 1 Rivercrest Dr., Apt 103 St Cloud, MN 56303 f & Laurie Knudson OI44th Ave SE erman, MN 55398 �� AVERY@ Address Labels Laser 5960 TM Smooth Feed SheetsTM Use template for 5160 Robert Carpentier Dion Properties, Inc. 4430 Wild Rice Dr NE Attn: Don McGillivray Wyoming, MN 55092 4088 Toledo Ave S r Minneapolis, MN 55416 Kjirsten Bjerke- Keenan Roland Scherber 7449 Landau Drive 5248 France Ave N Bloomington, MN 55438 Brooklyn Center, MN 55429 Duane Ferguson Randal Tyson 201 West 107th St 12462 66th Place N Bloomington, MN 55420 Maple Grove, MN 55369 Tom H. Morrow Dorothy Ostrom- Ringstrom Christian Knutson 1390 County J 280 97th Ave NW 5200 Williston Road River Falls, WI 54022 Minneapolis, MN 55433 Minnetonka, MN 55345 Dorothy Ostrom - Ringstrom Donald T. Renelt 280 97th Ave NW 6742 France Ave N Minneapolis, MN 55433 Brooklyn Center, MN 55429 S ene & Diane Wright James Ferrara Gary Anakkala 15100 Stone Road 651 Buchanan St NE 7542 W Fish Lake Road #2 Wayzata, NIN 55391 Minneapolis, MN 55413 Maple Grove, MN 55311 -2000 George A. Lucht Ralph C. Johnson Helene Ebhardt 8457 Rice Lake Road 5440 Bryant Ave N 5637 Girard Ave N Maple Grove, MN 55369 Brooklyn Center, MN 55430 Brooklyn Center, MN 55430 Northport Properties Patti R. Zoerb 5415 Brooklyn Blvd 5900 Camden Ave N Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Duane Om Jay Nelson Battenberg 5415 Brooklyn Blvd 5237 Drw Ave N Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 • Scott J. French 5247 Drew Ave N Brooklyn Center, MN 55429 �� AVERY® Address Labels Laser 5960 TM Smooth Feed SheetsTM Use template for 5160 Morning Sun Investments, Inc Reuben & Diane Ristrom Attn: Kwi Ha Wong 6819 Noble Ave N 17799 Kenwood Tr #300 Brooklyn Center, MN 55429 • Lakeville, MN 55044 Ronald Stoneberg David Zemke 7216 Perry Ct E 6811 Noble Ave N Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 James Shoultz 4210 Lakeside Ave N Brooklyn Center, MN 55429 Richard Arntson 4224 Lakeside Ave N Brooklyn Center, MN 55429 Terry L. Parker Robert Berglund Attn: Brett L. Parker 6833 Noble Ave N 5242 Lakeside Place Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 • Steve Loechler 4785 Valley Forge Lane Plymouth, MN 55442 Dakota Communities MuchtarlFatima Sajady Attn: Kathleen Lemay 10482 Mississippi Blvd 680 O'Neill Drive Coon Rapids, MN 55433 Eagan, MN 55121 Brett Hildreth Carin Rudolph 501 Bellvue Lane 5320 Queen Ave N Brooklyn Center, MN 55430 Brooklyn Center, MN 55430 Alvin Stachowski 8334 116th Ave N Champlin, MN 55316 • �� AVERYO Address Labels Laser 5960 TM Smooth Feed SheetsTM Use template for 5160® Robert Messersmith Arlene Johnson George & Ethel Jean McMullen 5340 Queen Ave N 3610 105th Ave N 24005 112th Str Brooklyn Center, MN 55430 Brooklyn Park, MN 55443 Zimmerman, MN 55398 • Allan & Vicki Olson David Wagtskjold 7124 Willow Lane 5804 Ayshire Blvd Brooklyn Center, MN 55430 Edina, MN 55436 Lewis & Vivian Hedlund Douglas G. Finch Bernard McDonough 5320 Russell Ave N 7151 Knollwood Dr 4701 68th Ave N Brooklyn Center, MN 55429 Mounds View, MN 55112 Brooklyn Center, MN 55429 Fred & Judie Swenson Hearthstone Properties 3413 Welcome Ave N Attn: Jan Gibson Talbot Crystal, MN 55422 222 Grand Avenue W, Suite 200 South St Paul, MN 55075 Duane Christiansen Valerie Blount McKissack 10700 Bechtold Road 3617 Douglas Drive Rogers, MN 55374 Crystal, MN 55422 *n & Nancy Mach Turning Point, Inc. Outreach Community Center Route 2, Box 540 Attn: Vincent Hayden Attn: Mary Tjosvold Pine City, MN 55063 1500 Golden Valley Rd 1555 118th Lane NW Minneapolis, MN 55411 -3139 Coon Rapids, MN 55433 Mrs. Paul Enge Ann Rockler Jackson 4752 Twin Lake Ave N 4365 Willow Dr Brooklyn Center, MN 55429 Medina, MN 55340 Gary Olson 3715 69th Ave N Brooklyn Center, MN 55430 Hogenson Properties Joseph & Patricia Simmon Richard R. Dawson Attn: Arthur Hogenson 4614 53rd Street NW 11133 Zane Ave N 22055 Lake George Blvd Maple Lake, MN 55358 Champlin, MN 55316 Oak Grove, MN 55303 Gail Lambert Christopher LeBarron & Kristina Johnson Orval Hage 78th Ave N 4700 68th Ave N 2111 So 25th Street Brooklyn Park, MN 55443 Brooklyn Center, MN 55429 St Cloud, MN 56301 /I� AVERY® Address Labels Laser 5960T`" Smooth Feed SheetsTM Use template for 5160 • Richard W. Sandeen Allan Olson HCM Investments 7749 Ewing Ave N 7124 Willow Lane Attn: Frank Mayers Brooklyn Park, MN 55443 Brooklyn Center, MN 55430 740 W Maryland Ave St Paul, MN 55117 Victor & Jean Huang Valley Investment & Management Dennis Hargett 7309 Park-view Drive NE Attn: Tim and Mary Jo Keenan 1017 So Circle NE Mounds View, MN 55112 5995 Oren Ave N Fridley, MN 55432 Stillwater, MN 55082 Marya Hage Lutheran Social Service of MN Donna Kabanuk 2111 25th Street S 2485 Como Ave 12329 West Timber Lane St Cloud, MN 56301 St Paul, MN 55108 -1445 Maple Grove, MN 55369 Germaine Pawelk Donna Goga 11827 Clementa Ave SW 756 Polk Street NE Montrose, MN 55363 Minneapolis, MN 55430 Pollinger Gary Nesseth Gary Bistodeau 1685 Cedar Bluff Way 13601 80th Cir N, #300 7437 Parkview Dr Morietta, GA 30062 Maple Grove, MN 55362 Mounds View, MN 55112 John & Marlys Pepera Martha Ann Demetriou 18655 Harrow Ave N 9130 Flyway Circle Forest Lake, MN 55025 Eden Prairie, MN 55347 Bruce & Karen Vanderschaaf Randall Cook 6319 Orchid Lane N 5353 Brooklyn Blvd Maple Grove, MN 55311 Brooklyn Center, MN 55429 Thomas Mylan Ray & Ione Delong Attn: Lorraine Owings 4623 18th Ave So 1830 Lakeview Terrace Minneapolis, MN 55407 Orono, MN 55356 k'old David P. Wa ts • g 5804 Ayrshire Blvd Edina, MN 55436 TM MAIAVERY® Address Labels Laser 5960 Smooth Feed SheetsTM Use template for 5160 Richard & Elizabeth Becht Kathy M. Becker Glen Berscheit 4734 Twin Lake Ave 8650 181st Ave N vV 14790 71st St NE Brooklyn Center, MN 55429 Ramsey, MN 55303 Otsego, MN 55330 i Lake Energy Investments Todd & Kathryn Bleeker Mary Turrotte Attn: Wade J. Swanson 12774 94th Ave N 15407 95th Ave N P O BOX 10677 Maple Grove, MN 55369 Maple Grove, MN 55369 White Bear Lake, MN 55110 Francis Kaas David A. Trepanier Raymond R. Anderson 7155 160th Lane NW 439 Birchwood Cts 925 Holly Rldge Court Ramsey, MN 55303 Birchwood, MN 55110 Brookfield, WI 53045 Michael Cederberg Gregory Young 7230 West River Rd, Apt 1 4806 Twin Lake Ave N #2 Brooklyn Center, MN 55430 Brooklyn Center, MN 55429 Mainsl Properties Attn: Teresa C. Williams 13400 67th Ave N, Suite 150 Maple Grove, MN 55311 Shawn Yang William & Linda Bjerke 5821 Lyndale Ave N H C 1, 36 F Brooklyn Center, MN 55430 Jacobson, MN 55752 Jack Hansen Nya Bowman 1853 39th Ave NE 5104 E Twin Lake Blvd Columbia Heights, MN 55421 Brooklyn Center, MN 55429 Svetlana Tsurkan William N Dudley 908 West River Road 4902 France Ave N Champlin, MN 55316 Brooklyn Center, MN 55429 Ruth E. Cioni Robert E. Lindahl Warren McLaughlin 5115 Twin Lake Blvd 14321 Westridge Drive 15500 Wayzata Blvd, #604 Brooklyn Center, MN 55429 Eden Prairie, MN 55347 Wayzata, MN 55391 0 ym W. Bunch Xanthus Lane outh, MN 55447 TM AVERY(R) Labels Laser 5960 Smooth Feed SheetsTM Use template for 5160 Joyce A. Lillie Motel 6 5349 Penn Ave N 2741 Freeway Blvd Brooklyn Center, MN 55430 Brooklyn Center, MN 55430 • Joseph H. Roche Robert E. Lindahl Jr. 824 69th Ave N 14321 Westridge Drive Brooklyn Center, MN 55430 Eden Prairie, MN 55347 Kay C. Elliott 2201 Albert St N #302 Roseville, MN 55113 Kenneth F. Fountain 10932 Fox Hollow Ln N Champlin, MN 55316 Kristine M. Boldrick 4324 West 20th Street Panama City, FL 32405 e t A. Bauer 102 E Center City Lake City, MN 55041 James & Joan Bagwell 210 Ranchview Lane So Wayzata, MN 55391 Douglas P. Anderson 13400 67th Ave N, Suite 150 Maple Grove, MN 55311 Mathew Bolen C/O Maria Velasquez 1050 Ackwright Street St Paul, MN 55101 0 r-th & Carlene Potaczek 8 Great Oaks Court Branch, MN 55056 0 201, AVERY® Address Labels Laser 5960 TM City Council Agenda Item No. 9b MEMORANDUM DATE: February 20, 2002 TO: Michael McCauley, City Manager FROM: Todd Howard, City Enginee,4 SUBJECT: Resolution Ordering Improvements and Authorizing Development of Plans and Specifications for Improvement Project Nos. 2002 -01, 02, and 03, Southwest Area Street, Storm Drainage, and Utility Improvements Summary Explanation The proposed project includes roadway, storm drainage, and utility improvements for the Southwest Neighborhood. The attached feasibility report includes maps showing the specific improvement locations. The project was previously established by the City Council on May 29, 2001, and two informational meetings have been conducted with residents and property owners since then. On February 11, 2002, the City Council received the feasibility report and scheduled a public hearing for February 25 2002 to consider these improvements. The proposed improvements can generally be described as follows: replacement of the existing streets with new bituminous surfacing and concrete curb and gutter, storm sewer installation, repair and replacement of existing sanitary sewer and water main facilities, and street light replacement. The attached Feasibility Report describes the project improvement costs and schedule in more detail. 47th and 48th Avenue Improvements are not proposed and were formally eliminated from consideration at the February 11, 2002 Council meeting. Assessments In accordance with City Council's policy regarding improvement projects in residential areas, proposed assessments have been made on a unit basis. The Council's 2002 residential rate for street construction is $2,400 per parcel and $790 per parcel for storm drainage improvements. Properties on Xerxes Avenue are proposed to be assessed the mill and overlay rate of $1,755 per residential unit. Property zoned other than single family residential is assessed at a rate of $0.29/sf for street improvements and $0.14/sf for storm drainage improvements. Property zoned other than single family residential not abutting the improved streets but benefiting from the improvements are proposed to be assessed $0.05 /sf for streets and $0.02 /sf for storm drainage. The public hearing will not consider the proposed assessments. If the Council approves the Improvement Projects, a separate assessment hearing would be scheduled for September 2002. All property owners in the area affected by the proposed improvements have been duly notified as required by law. . Recommended Action It is recommended that Council receive a staff presentation. Following the presentation, the public hearing should be opened, public comments taken, and then close the public hearing. A resolution ordering the improvements and authorizing development of the plans and specifications is provided for Council consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on May 29, 2001 authorized consideration of street, storm drainage, and utility improvements in the area generally described as "Southwest Area," consisting of the following street: all streets generally bounded by 55 h Avenue on the north and Lakeside Drive on the south, Twin Lakes on the west and Brooklyn Boulevard on the east; and WHEREAS, the Council has previously received and accepted a feasibility report for said proposed improvements, as prepared by Consultant and reviewed by the City Engineer; and WHEREAS, said improvements are necessary, cost effective and feasible as detailed in the feasibility report; and WHEREAS, the City Council on February 11, 2002 adopted a resolution setting a date for a public hearing regarding the proposed improvements for the Southwest Area; and WHEREAS, ten days published notice of the hearing was given and the hearing was held on February 25, 2002, at which time all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence and reports offered at or prior to the February 25, 2002 hearing; and WHEREAS, the City reasonably expects to spend monies from the Special Assessment Construction Fund, Local State Aid Fund, Water Utility Fund, Sanitary Sewer Fund, or Storm Drainage Utility Fund on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax - exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments, or utility fees. The maximum amount of obligations expected to be issued for such project is $1,000,000; and WHEREAS, SEH, Inc, under the direction of the City Engineer are prepared to prepare plans and specifications for said project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project Nos. 2002 -01, 02 and 03, Southwest Area Street, Storm Drainage, and Utility Improvements, are hereby ordered. RESOLUTION NO. _ 2. The City Engineer or Consulting Engineer is authorized to prepare plans and specifications for said improvement. 3. This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulation 1.105 -2 and any successor law, regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulation 1.105 -2 or any successor law, regulation, or ruling. 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. 10a MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist . Subject: City Council Consideration Item - Planning Commission Application No. 2002- 003 Date: February 20, 2002 On the February 25, 2002 City Council Agenda is Planning Commission Application No. 2002- 003 submitted by Nathan Wattenhofer requesting Special Use Permit approval for Heart Alive Entertainment and Event Center to operate a family entertainment and event complex at the old Cinema I, II, III & IV Theater building, 5801 John Martin Drive. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2002 -003 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 February 14, 2002 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. • Application Filed on 1 -31 -02 • City Council Action Should Be Taken By 4 -1 -02 (60 Days) Planning Commission Information Sheet Application No. 2002 -003 Applicant: Nathan Wattenhofer Location: 5801 John Martin Drive Request: Special Use Permit The applicant, Nathan Wattenhofer, on behalf of Heart Alive Entertainment and Event Center, is seeking a special use permit to operate a family entertainment and event complex at the old Cinema I, H, III & IV Theater building, 5801 John Martin Drive. The building is part of the Brookdale Square shopping center complex, which is a 23.2 acre site lying between Shingle Creek Parkway and John Martin Drive, northerly of Brookdale Ford. The Brookdale Square shopping center is zoned C -2 (Commerce) and is bounded by the Minnesota School of Business building, the Health Partners Dental Clinic and the Perkins Restaurant on the north; by John Martin Drive and T. H. 100 right of way on the east; by Brookdale Ford on the south; and by Shingle Creek Parkway on the west. The Brookdale Square site is made up of four separate buildings, a multi tenant strip center, the old Fuddrucker's Restaurant building and two theaters, the Brookdale Eight Theater and the Cinema Theaters. Again, the applicants are proposing to utilize the old Cinema I, E, III, & IV building for their entertainment and event complex. • Recreation and amusement places such as motion picture theaters and legitimate theaters are special uses in the C -2 zoning district per Section 35 -322, Subdivision 3d of the zoning ordinance. A special use permit was granted by the City Council for a motion picture theater when the Cinema multi screen theater was first proposed for the site on which it is located. The additional activity comprehended as part of this entertainment complex requires the additional special use permit. Live entertainment, as being proposed for a portion of this building, was not comprehended at the time the theater was originally built. Originally, when the Cinema complex was first built, it was on its own parcel of land. It was later, a few years after Brookdale Square with the then UA Theater was built that this site was incorporated with Brookdale Square through a replatting and redesign of the complex. Full access through Brookdale Square to the Cinema site was provided when physical barriers were removed and the complexes were consolidated. Live entertainment such as that being proposed with this activity was not comprehended as part of the original special use permit and, thus, the applicant is before the Planning Commission seeking the additional approval. The applicant has submitted written information relating to his proposal and has outlined that it is to be a family entertainment and event complex which would include the showing of movies such as feature films, family movies, world wide pictures, also sporting events and simulcast • events. Live entertainment would include live music, local and national Christian bands and 2 -14 -02 Page 1 • local church worship bands. Dances would be conducted at the event center as outlined in their proposal and the building would also be used for resource and education activities such as instruction for elderly and kids on internet use. They also propose to sponsor lecture and banquet facilities utilizing local and regional speakers and catered banquets. There would be food service and retail sales including coffee, soup, sandwiches, soft serve ice cream, soft drinks, popcorn, candy and prepackaged foods plus the sales of apparel, music and book sales. They note other proposed activity as indoor craft shows, outdoor flea markets, and indoor game nights. The applicant has indicated that the activities are geared towards young and old alike and would be "Christian oriented ". The applicant plans to make improvements to the property and renovate the property by replacing the roof, replacing HVAC units, repairing broken windows, repainting the exterior of the building and repairing signs and adding some landscaping. The activities comprehended, with the exception of the outdoor flea market and sales, are activities that are acknowledged or comprehended under the city's zoning ordinance. A flea market, or outdoor sales, can be conducted but only on a limited basis and in conjunction with the provisions for Administrative Land Use permits. This would limit such outside sales or activities to two times per calendar year not to exceed ten consecutive days in duration. Any approval granted to the applicant should acknowledge that the outdoor sales and activity must be consistent with the provisions for administrative permits. • Generally, we take the opportunity of a special use permit or site and building plan application to make certain that the site complies with current requirements of the city ordinances. A Pep Boys use of the west end of the strip shopping center was before the Planning Commission and City Council in the relatively recent past. As well, additions to the Brookdale Square shopping center have resulted in a number of site reviews with respect to the property. We do not believe it is necessary to further evaluate the site with respect to landscaping (the landscape point system has been met with respect to the property) and drainage and storm water retention on the site is appropriate. Parking on the site exceeds the parking requirements for a mixed use development such as the Brookdale Square complex, which includes the retail parking formula for the strip center, parking based on seating and employees for the restaurant and parking based on the assembly occupancy for the theaters. A surplus of parking exists with respect to the Brookdale Square site itself. Seating and activity for the applicant's proposed use will not exceed that for the old Cinema I, II, III, & IV. The applicant has also submitted written comment as to how they feel they meet the standards for special use permits contained in Section 35, 220, Subdivision 2a through 2e of the zoning ordinance (attached). The applicant notes that Heart Alive Entertainment and Event Center is designed to be used by local businesses as well as the general public for the various activities that were listed. He notes that all venues will be reviewed for content and this facility is primarily designed for kids and seniors. He points out that they will meet all state and local code with • 2 -14 -02 Page 2 • regard to all improvements to the property and that they will be promoting personal and family morals and values. He also notes that there is adequate parking in relation to the persons utilizing the facility and that he believes Heart Alive meets the city's zoning requirements for an entertainment center. We would generally agree with the applicant's comments relating to the standards for special use permits. Generally, these standards require that a proposed special use permit will promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public, that it will not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish or impair property values; that it not impede the normal and orderly development of surrounding property; that it be designed so as to minimize traffic congestion on the public streets; and that it will conform with applicable regulations of the district in which it is located. We believe all of these standards can be met with respect to the applicant's proposal. The building is basically designed as an entertainment complex, the fact that some live entertainment and other activities will take place is not out of character for the building nor for this site. Ingress, egress and parking on the site will be unchanged and is certainly adequate to handle the activities proposed for this building. The use does not seem to be detrimental to existing uses on the site or potential uses allowed in this zoning district. It should not cause any diminishing of the value of the property. A public hearing has been scheduled with respect to this special use permit and notices have been sent to surrounding property owners. • RECOMMENDATION We believe the proposal is in order and approval is recommended subject to the following conditions. 1. A special use permit is granted to Heart Alive Entertainment and Event Center to operate an entertainment and event center at 5801 John Martin Drive as indicated in this application. Any expansion or alteration of the use not comprehended by the zoning ordinance or by the approved plans shall require an amendment to the special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 3. The building plans for alterations and renovations of the building are subject to the approval of the Building Official with respect to applicable codes. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. • 2 -14 -02 Page 3 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 6. Outside activity such as flea markets, craft sales or other types of sales are allowed only in conjunction with the issuance of an administrative land use permit per Section 35 -800 of the city's zoning ordinance. 2 -14 -02 Page 4 (Y:Ri( AVE • 'r'�'T'�' N '9AV m �XFI AVE N r O o W/r iF18URN AVE N. 2 < - J A 9-1 q m vl�•.ENr AVE. N. cn V • u_r j jff)i UPT AVi_W �r1 ici7 ..n u..�..,,.. +.11 •i � y z v - _— moor ... 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BROOKLYN CENTER DISCRIPTION: FAMILY ENTERTAINMENT AND EVENT COMPLEX VENUES: MOVIES FEATURE FILMS - FAMILY MOVIES WORLDWIDE PICTURES- FAMILY MOVIES ALL MOVIES SCREENED FOR CONTENT SPORTING EVENTS SIMULCAST EVENTS LIVE MUSIC LOCAL & NATIONAL CHRISTIAN BANDS • LOCAL CHURCH WORSHIP BANDS DANCE AREA'S CHRISTIAN MUSIC ORGANIZED DANCE MUSIC COUNTRY MUSIC 50'S AND SWING MUSIC POLKA AND WALTZ DANCE INSTRUCTION AND LESSONS NOTE: ALL MUSIC SCREENED FOR CONTENT RESOURCE AND EDUCATION AREA'S INSTRUCT ELDERLY AND KIDS ON INTERNET USE NOTE: ALL COMPUTERS TO USE INTEGRITY ONLINE PORN BLOCK WEB SITE CLASSIFIED ADVERTISMENT USAGES CONNECTION SITE FOR COUNSELING LECTURE AND BANQUET FACILITY t LOCAL AND REGIONAL SPEAKERS CATERED BANQUETS • FOOD SERVICES AND RETAIL SALES GOURMET COFFEE SHOP SOUP AND SANDWICH SOFT SERVE ICE CREAM SOFT DRINK POPCORN CANDY AND PREPACKAGED FOODS APPAREL, MUSIC, BOOK SALES OTHER USES INDOOR. CRAFT SHOWS OUTDOORS FLEA MARKETS INDOORS GAME NIGHTS • • HEART A.LI"IE ENTERTAINMENT AND EVENT CENTER SPECIAL USE PERMIT ANSWERS TO SEC.35 -220 HEART ALIVE AND HERITAGE PROPERTIES WILL BE RENOVATING THE PROPERTY AT 5801 JOHN MARTIN DR. ITEMS IN BUILDING SCOPE L REPLACE ROOF 2. REPLACE ALL ROOF TOP HVAC UNITS 3. REPAIR BROKEN WINDOWS 4. REPAINT EXTERIOR OF BUILDING 5. REPAIR SIGNAGE 6. ADD LANDSCAPING ITEMS HEART ALIVE IS DESIGNED TO BE USED BY LOCAL BUSINESSES AS WELL THE GENERAL PUBLIC, AS PER LISTED VENUES. ALL OF THE VENUES WILL BE REVIEWED FOR CONTENT, AS THIS FACILITY IS PRIMARLY DESIGNED FOR KIDS TO SENIORS. • HEART ALIVE WILL MEET ALL STATE AND LOCAL CODES IN REGARDS TO ALL IMPROVEMENT TO THE PROPERTY. HEART ALIVE SEEKS TO BE A LIGHT IN PROMOTING PERSONAL AND FAMILY MORALS AND VALUES. HEART ALIVE WILL HAVE ADEQUATE PARKING IN RELATION TO PERSONS USING THE FACILITY. HEART ALIVE MEETS THE CITY ZONING OF AN ENTERTAINMENT CENTER PER SEC. 35 -322 HEART ALIVE IS LOOKING FORWARD TO WORKING WITH THE CITY AND ITS COMMUNITY TO BRING ABOUT A BUSINESS THAT FOCUSES ON INTEGRITY AND INTERACTION WITH THE PEOPLE THAT WILL BE USING IT. • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 14, 2002 CALL TO ORDER The Plarming Commission meeting was called to order by Chair Willson at 7:31 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn, and John Whitehead were present. Also present were Secretary to the Planning Commission/Plamling and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Dianne Reem was absent and excused. APPROVAL OF MINUTES — JANUARY 31, 2002 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the minutes of the January 31, 2002 meeting as submitted. The motion passed unanimously. • CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2002 -003 — NATHAN WATTENHOFER FOR HEART ALIVE ENTERTAINMENT AND EVENT CENTER Chair Willson introduced Application No. 2002 -003, a request from Nathan Wattenhofer of Heart Alive Entertainment and Event Center for a Special Use Permit to operate a family entertainment and event complex offering live entertaimnent at the old Cinema I, II, III & IV Theater building, 5801 John Martin Drive. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 2 -14 -02 for Application No. 2002 -003 attached.) He advised the property in question is zoned C -2 (Commerce) and that recreation and amusement places such as motion picture theaters and legitimate theaters are special uses in the C -2 zoning district. Live entertainment such as that being proposed with this activity was not comprehended as part of the original special use permit. Therefore, the applicant is seeking the additional approval. Mr. Warren reviewed the applicant's proposal to provide family entertainment which will include movies, live music and dances as well as educational activities. There will also be food 2 -14 -02 Page 1 • service and retail sales. The applicant has indicated that the activities are geared towards young and old alike and would be "Christian oriented ". Mr. Warren discussed the applicant's response to the special use permit standards. They believe their proposal will promote personal and family morals and values and they will make all necessary improvements to the site to meet all state and local codes. Commissioner Newman asked if a Special Use Permit is attached to the owner or the property once it is granted. Mr. Warren explained that once a Special Use Permit is granted and the use on the site stays the same, the permit runs with the property. This application would be considered an amendment to the Special Use Permit issued when the theater originally opened. PUBLIC HEARING — APPLICATION NO. 2002 -003 There was a motion by Commissioner Erdmann, seconded by Commissioner Rahn, to open the public hearing on Application No. 2002 -003, at 7:55 p.m.. The motion passed unanimously. Chair Willson called for comments from the public. The applicant, Mr. Nathan Wattenhofer for Heart Alive Entertainment and Event Center, introduced himself to the Commission and said he would like to answer any questions they had. Commissioner Boeck asked what the total floor space area for the building is. The applicant responded that the building is 19,300 sq. ft. in area and consists of 85 % theatre space and 15% . concession sales. He explained that the theatre will be used for many different types of entertainment uses and after renovations are complete, they will be able to accommodate 750 people at a single event. Chair Willson asked about security issues on the site. Mr. Wattenhofer responded that this will be a Christian based entertainment center and they don't anticipate unruly behavior from their guests. They expect adult leaders will also attend most youth groups. Commissioner Erdmann inquired about the hours of operation for the event center. Mr. Wattenhofer explained that all bands will be done by 1:00 a.m. and they will respect city curfews for youth and not schedule events beyond that time. Marlene Woods, 5900 Upton Avenue North, stated that she received a notice about the meeting and was concerned about the description of "live entertainment ". She asked for clarification on what Heat Alive is and what specific religious groups they plan to work with. Mr. Wattenhofer replied that Heart Alive is not affiliated with any church or religious group but will encourage local churches to use their facilities when they need space for special events. Richard and Marta Schlavin, 5907 Upton Avenue North, asked about the owner and financing for Heart Alive. Chair Willson noted financing for the operation is not a matter relative to the Commission's consideration, however, the question could be put to the applicant at another time. Mr. & Mrs. Schlavin stated they didn't understand why some neighbors received notices of the • public hearing while others did not. Mr. Warren explained the ordinance requirement for notices and how the determination is made based on the type of notice required and the surrounding 2 -14 -02 Page 2 • property types involved. A measurement is made within a required radius of the property and the properties affected are sent a notice of public hearing. He added that all residents are invited to attend and speak at a public hearing even if they don't receive a notice. James Woods, 5900 Upton Avenue North, asked the applicant what kind of stage would be used for events. Mr. Wattenhofer described how the stage is designed to include a green room off to the side. No other persons from the public appeared before the Commission during the public hearing on Application No. 2002 -003. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to close the public hearing on Application No. 2002 -003, at 8:12 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2002 -003 - NATHAN WATTENHOFER FOR HEART ALIVE ENTERTAINMENT AND EVENT CENTER There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead to • recommend to the City Council that it approve Application No. 2002 -003, submitted by Nathan Wattenhofer of Hearts Live Entertainment and Event Center for a special use permit to operate a family entertainment and evenet complex at the old Cinema I, II, III & IV Theater building, 5801 John Martin Drive, subject to the following conditions: 1. A special use pen is granted to Heart Alive Entertainment and Event Center to operate an entertainment and event center at 5801 John Martin Drive as indicated in this application. Any expansion or alteration of the use not comprehended by the zoning ordinance or by the approved plans shall require an amendment to the special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 3. The building plans for alterations and renovations of the building are subject to the approval of the Building Official with respect to applicable codes. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. Special Use Permit approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. • 2 -14 -02 Page 3 • 6. Outside activity such as flea markets, craft sales or other types of sales are allowed only in conjunction with the issuance of an administrative land use permit per Section 35 -800 of the city's zoning ordinance. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its February 25, 2002 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS Mr. Warren reminded the Commission that the meeting scheduled for February 27, 2002, is on Wednesday, rather than Thursday. There was no other business. ADJOURNMENT There was a motion by Cormnissioner Boeck, seconded by Commissioner Newman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:15 p.m. i Chair Recorded and transcribed by: Rebecca Crass • 2 -14 -02 Page 4 • City Council Agenda Item No. 11 a • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist DATE: February 21, 2002 SUBJECT: Update on Shingle Creek Tower Project At the February 11, 2002 City Council and EDA meetings, resolutions were considered which would approve the Hennepin County Housing and Redevelopment Authority (HCHRA) participation in the Shingle Creek Tower project. EDA and Council action were not taken at the February 11 th meeting pending additional information. This report is an effort to address issues and concerns relative to the Shingle Creek Tower project and the performance of rental properties in general in the City of Brooklyn Center. It includes information and data specific to the Shingle Creek Tower project and information about the overall rental community in the City of Brooklyn Center. Shingle Creek Tower Project Summary Shingle Creek Tower is a 122 unit, 13 story apartment building (77 one bedroom and 45 two bedroom units) located at 6221 Shingle Creek Parkway in Brooklyn Center. The building was completed in 1973 and was financed with the assistance of a Federal subsidized loan under the authority of Housing and Urban Development (HUD) 236 Housing Program. In return for the 236 Program Loan, the rental owners were obligated to maintain rents at certain levels through the term of the loan. As with HUD section 236, and many other project based federal subsidies funded in the 1970's, the terms of the program loans are now ending and owners can convert the properties to market rate rental housing. AMCON, a large Minnesota based construction contractor, is proposing to purchase Shingle Creek Tower, provide major renovation to the building and maintain it as affordable rental housing. Shingle Creek Tower is located on a 4.37 acre lot in the City's R7 (Multiple Family Residence District) Zoning District. The site is bounded on the north by the Brooklyn Center City Hall, on the west by Central Park and Garden City Park and on the south by the Hennepin County Service Center which includes a public library and courthouse. The eastern boundary of the site is Shingle Creek Parkway. • MEMORANDUM February 21, 2002 Page 2 • AMCON proposes to purchase the property, renovate and maintain it as affordable housing for income eligible and qualified residents to remain in the property. This will allow the current residents to remain in the building. The plan for renovating Shingle Creek Tower includes the following: • 100% of the units will remain affordable. No current residents will be forced to move off site. • The property will receive a substantial renovation which will address all structural deficiencies in the building. The actual dollar amount for the rehabilitation will approach $4 million. 0 The rent for a one bedroom apartment is proposed to be $550 per month, which is below 2001 fair market rents and affordable to families at or below 50% of area median income. • The rent for a two bedroom apartment is proposed to be $700 per month which is below the 2001 fixed market rents and affordable to families that are below 50% of area median income. • The present demographic makeup of the project shows that 97% of the current residents have incomes below 60% of the county median income and over 70% of • residents have incomes below 50% of the county median income. The estimated cost for acquisition and renovation of Shingle Creek Tower will approach $10 million. Funding will come from numerous sources, including Housing Revenue Bonds, Tax Credits, HUD IRP loan, Mimlesota Housing Finance Agency (MHFA) Preservation Rental Investment Fund (PARIF), Heimepin County Affordable Housing Incentive Fund (AHIF) and Community Development Block Grant (CDBG) funds. A summary of the funding is shown by the following: Source Amount Glaser Financial Group $5,200,000 (HUD 221 (d)(4) Loan) l Glaser Financial $760,000 (HUD IRP Loan) Paramount Financial Group $2,500,000 (Equity Investment) MHFA Preservation Rental Investment Fund $500,000 Hennepin p County Affordable Housing Incentive Fund $400,000 Brooklyn Center CDBG Allocation $500,000 Fair Housing and Age Restricted Housing • The Federal Fair Housing Act prohibits discrimination in Housing because of: ■ Race or color I` MEMORANDUM February 21, 2002 Page 3 • • National origin ■ Religion ■ Sex ■ Familial status (including children under the age of 18 living with parents or legal custodians, pregnant women and people securing custody of children under 18) ■ Handicap Unless a building qualifies as housing for older persons, it may not discriminate on the basis of familial status. Housing for older persons is exempt from the prohibition against familial status discrimination if: • The HUD Secretary has determined that it is specifically designed for an occupied by elderly persons under a federal, state or local government program or • It is occupied solely by persons who are 62 or older or • Intended and operated for occupancy by at least one person 55 years of age or older per unit, provided that: a) at least 80% of the units are occupied by at least one person 55 years of age or older per unit and b) there is publication of, and adherence to, policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. Shingle Creek Tower has been structured since 1973 as an affordable housing project and rents have been substantially below market rate rents subsidized by the interest payment subsidy offered by the Department of Housing and Urban Development (HUD) 236 Housing Program. Based on estimates from the Developer, approximately 60% of the 122 units in Shingle Creek Tower are occupied by persons 55 and over even though Shingle Creek Tower was not structured exclusively as housing for older persons. Proposed funding sources for the acquisition and rehabilitation of Shingle Creek Tower by AMCON at the Federal (HUD), State (MHFA) and County levels are based on the continuation of Shingle Creek Tower as affordable housing but not as affordable housing exclusively for elderly persons. Subsidized Rental Housing in Brooklyn Center The following is a list of rental projects in the City of Brooklyn Center that have received some level of subsidy from Federal and /or State housing program. The list is based on available City records relative to the various properties. Type of Subsidy and Name and Address of Rental Property Number of Subsidized Units • Shingle Creek Tower 122 Units - HUD 236 Program (6221 Shingle Creek Parkway MEMORANDUM February 21, 2002 Page 4 • Earle Brown Terrace 375 units - Tax Credit/Housing (6100 Summit Drive) Revenue Bond projects Summerchase (2802 - 2838 and 2900 - 2948 Northway Drive) Garden City Court 3407, 1765 th Ave. N. Unity Place 201 units - Project Based Section 8. (5300 - 5441 Ponds Drive and 7225 - 7274 This is a federal program where the Unit Ave. N. Y ) Section 8 subsidy is assigned to the rental unit not the tenant. Victoria townhouses (6740 - 6861 Grimes Place) Morrow's Emerson Chalet (1200 67 Ave. N.) Ewing Square Townhouses (6130 - 6242 France Ave. N.) • TOTAL 698 Number of scattered site Section 8 vouchers /certificates 500 (Based on Section 8 inspection records) 4 d Units 464 (Based on data from Hennepin County) Note: 4 d is a State program that provides a tax break to rental property owners pledging to rent a percentage of their units at 4 d rent levels. Total Subsidized Units 1,662 Total Apartment Units 3,341 Total single family, townhouse and condo rental units 113 Total Duplex rental units 55 • 3,509 MEMORANDUM February 21, 2002 Page 5 • Subsidized rental units expressed as a percentage of total units is 47 %. The Metropolitan Council conducted a similar study of subsidized rental housing in 2001. The results of their research is shown by the following: Type of Subsidy Number of Units HUD Section 236 122 Tax Credit Projects 299 Project Based Section 8 201 Scattered Site Section 8 359 Vouchers and Certificates 4d units ( 467 Total 1,448 (41% of Total Rental Units) Rehabilitation of Shingle Creek Tower Extensive rehabilitation of Shingle Creek Tower is proposed by AMCON as part of the financing for Shingle Creek Tower. The planned renovation is approximately $4 million and includes the following: • Renovation of exterior of building. Existing exterior allows moisture to be drawn in from outside through exterior brick face. Because of this, the dew point is located inside the wall cavity causing moisture problems. Exterior brick walls will be capped to eliminate moisture problems. ■ Replacement of existing membrane roof. ■ Bring fire alarm and fire suppression to current NFPA 13 & 72 standards. ■ Replace boiler providing heat to living units. ■ Replace all windows in buildings. ■ Replace kitchen cabinets and appliances. Replace bath and kitchen faucets with lever faucets. ■ Replace carpet. ■ Install security system including card entry system and security cameras at entrance areas and in corridors. ■ All life safety issues will be addressed during renovation. ■ All handicap accessibility requirements will be addressed and brought in compliance with MN ADA Requirements Chapter 1341. The various loans and grants from Federal, State and County sources will be used to help provide the extensive renovation described above. Without the proposed level of public loans and grants, the proposed level of renovation would not be financially feasible. • There are existing City compliance orders on Shingle Creek Tower and these will also be addressed in the renovation. The compliance orders focus on repair items including leaks MEMORANDUM February 21, 2002 Page 6 • in windows and air conditioning penetrations, replacement of damaged drywall, repair or replacement of smoke gaskets around doors, and other repairs to appliances, faucets, sinks etc. The compliance orders address repairs in each of the living units but do not address the major rehabilitation items and handicap accessibility issues which will be resolved with the proposed renovation by AMCON. Regulatory Controls for Rental Housing The primary regulatory device for maintaining rental property in Brooklyn Center is the City's rental licensing requirement contained in Chapter 12 section 12 -901. The focus of the ordinance is on biennial inspections to assure compliance with the City's building maintenance code. Section 12 -911. Conduct on Licensed Premises, provides a regulatory control relative to the behavior of tenants. This section addresses disorderly conduct in rental units and property and requires the rental licensee to correct the behavior under penalty of loss of the rental license. Brooklyn Center's Conduct on Licensed Premises ordinance provision sets out a process which involves notices given to licensees regarding correction of tenant behavior and can • require the licensee to submit a written report regarding steps taken to correct tenant behavior. Ultimately, after a third notice of disorderly tenant behavior, the licensee's rental license may be revoked, denied, suspended or not renewed. A number of cities have similar ordinances relative to conduct on licensed premises. They are essentially similar to Brooklyn Center's ordinance but some have been modified to add elements to expedite the enforcement process. For example, the city of New Brighton has created a conduct on licensed premises ordinance with additional features included to expedite enforcement and include the following: • Creation of a provisional rental license issued to licensed multiple dwellings that have generated an average of .5 police or fire calls per dwelling unit in a proceeding six month period. • The applicant for a provisional license must submit for council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls to a level that qualifies for a regular license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct and security personnel. • Police and fire calls for which an applicant can be sanctioned under the ordinance are specifically spelled out in the New Brighton ordinance and can include such items as, violation of laws relating to the possession of controlled substances, disorderly conduct, unlawful sale of intoxicating liquor or 3.2% malt liquor, • violation of laws relating to gambling, violation of laws relating to prostitution, MEMORANDUM February 21, 2002 Page 7 • ■ unlawful use or possession of a firearm or weapon and numerous additional conduct areas addressed in the ordinance. The City's proposed amendment to Chapter 12 relating to the licensing of rental properties is another regulatory device that will expedite the rental license suspension, revocation or non - renewal process. Regulatory Control in the Development Agreement In addition to any new rental ordinance provisions enacted, staff has also explored including additional regulatory provisions in the Development Agreement for the Shingle Creek Tower project. Some samples of possible provisions include the following: ■ Require screening of all rental applicants including a criminal background check ■ Establish performance criteria for Shingle Creek Tower based on number of specified type of police calls in excess of a specific number, for example, calls in excess of the average per unit for all City rental properties occurring consistently for a 90 day period. If police calls exceed the number for this time period, the Developer would be required to take remedial action or potentially pay a percentage of the CDBG funds back to the City's program. • Require a specified dollar amount of the CDBG allocation be repaid if the project is out of compliance with the City rental licensing ordinance for a specified period of time. In this approach, the developer could be given a certain time period to come into compliance and if the Developer is unable to do so, they would be required to pay a prorated share of the CDBG allocation. It should be noted that since the Development Agreement would serve as the Third Party Agreement required by the CDBG program regulations, Hennepin County's approval of the terms of Development Agreement would also be necessary for final approval. The remedial provisions described above have not been reviewed with the Developer at this point in time and would be part of the process for negotiating the Development Agreement. It should be noted that staff reviewed the inclusion of some type of regulatory language, as described above, with Hennepin County staff and, from their perspective, this type of language should not be included in a Development Agreement. County staff has indicated that CDBG funds are being used to preserve affordable housing and a provision in the Development Agreement relating to any kind of tenant issues should not be included in the Development Agreement. City of Brooklyn Center Calls for Police /Medical /Fire Service for Rental Property With More Than Four Units • Attached to this memorandum are summaries of the calls for service including police, medical, and fire for Brooklyn Center rental properties containing more than four units for the years 1999, 2000 and 2001. In addition to the summary for each of the apartment units listed, the report also shows an average per unit call for service. City B o r�n Center l Y Y Calls for Police /Medical /Fire Service Rental Property (more than four units) 1999 Total # of CFS Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec CFS Units Per Unit Basswood Apartments 0 0 0 0 0 0 0 0 0 0 0 1 1 11 0.09 Brookdale Manor 0 0 0 0 0 0 0 0 0 0 0 0 0 21 0.00 Brookdale Towers 1 2 4 2 5 2 2 3 3 4 4 5 37 50 0.74 Brookhaven Apartments 12 6 10 12 7 13 6 8 7 5 5 5 96 54 1.78 Brookside Manor Apartments 14 16 27 25 11 13 10 23 1 13 18 21 19 210 90 2.33 Carrington Drive Apartments 9 11 17 12 15 12 9 8 9 7 7 5 121 128 0.95 Earle Brown Terrace 3 9 4 7 5 5 12 8 4 2 11 6 76 140 0.54 Earle Brown Farm Apartments 12 5 6 ( 6 11 10 6 10 6 6 6 , 9 93 120 0.78 Evergreen Park Manor 5 1 6 3 I 7 6 2 3 1 1 1 14 50 80 0.63 Ewing Square 'Townhouses 11 5 8 14 8 11 7 11 3 4 13 13 108 23 4.70 Garden City Court 2, 0 1 1 0 0 0 2 1 4 6 0 17 72 0.24 Georgetown Park Townhouses 11 3 10 4 6 17 18 15 8 7 5 9 113 92 1.23 Humboldt Courts 8 4 4 3 9 4( 5( 8 8 9 1 4 67 36 1.86 Humboldt Square Apartments 2 2 6 5 8 2( 7 5 3( 1 4 2 47 18 2.61 Lake Shore Apartments 0 0 0 0 0 3 1 2 3( 0 0 0 9 6 1.50 Lyn River Apartments 3 7 11 ( 11 7 3 0 6 6 9 20 11 94 84 1.12 Maranatha Place 1 3 5( 4 2 1 I 5 1 4 4 1 4 35 65 0.54 Marvin Gardens 1 2 0 1 0 0 1 1 2 1 1 2 12 52 0.23 Melrose Gates 6 6 6 7 12 7 11 ( 7 6 9 5 3 85 217 0.39 Northbrook Apartments 2 1 0 1 1 3 0( 1 0 0 1 4 14 11 1.27 River Glen 8 13 16 12 15 20 22 15 ( 9 ( 8 10 5 153 128 1.20 Shingle Creek Apartments 13 8 6 10 4 2 6 11 6 2 0 5 73 36 2.03 Shingle Creek Tower 8 3 9 15 15 9 9 16 11 7 7 12 121 122 0.99 Sterling Square Apartments 12 5 9 15 8 12 5 18 7 13 9 , 14 127 54 2.35 Summerchase Apartments 66 62 72 I 85 79 75 56 69, 89, 85 57 I 58 853 252 3.38 • • Total # CFS Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec CFS Units Per Unit The Crossings at Brookwood 4 3 6 3 1 5 4 1 2 2 4 6 41 138 0.30 The Lilacs 5 1 1 1 0 1 3 7 1 3 0 1 24 22 1.09 The Pines of Brooklyn Center 6 7 7 13 8 11 5 9 5 14 20 8 113 102 1.11 Twin Lake Manor 22 18 43 26 25 28 34 27 19 25 25 26 318 310 1.03 Twin Lake North Apartments 10 15 2 8 11 I 7 10 10 6 3 7 5 94 276 0.34 Unity Place 24 28 20 23 27 I 29 33 31 19 26 18 14 292 112 2.61 Victoria Townhouses 4 8 9 4 7 7 12 16 7 4 12 12 102 48 2.13 Willow Lane Apartments 5 7 7 7 5 2 3 5 5 8 9 5 68 58 1.17 3401, 3413 47 3 3 2 1 0 3 0 0 1 1 3 1 18 22 0.82 3501 47 0 0 0 0 1 0 1 1 0 1 0 0 4 11 0.36 351347 0 0( 0 0 0 1 0 0 0 1 0 0 2 11 0.18 360147 0 2 6 1 2 1 1 0 3 2 1 1 20 11 1.82 3613 47 1 0 0 0 0 2 3 2 2 0 1 1 12 11 1.09 3701 47 0 1 1 0 0 0 0 0 0 1 1 1 5 11 0.45 3713 47 0 0 0 0 0 0, 0 0 0 0 0 0 0 11 0.00 372547 0 0 I 1 0 0 0 1 1 0 1 0 2 6 11 0.55 120067 4 2 4 1 4 I 2 I 2 3 1 5 4 5 37 18 2.06 4819 Azelia 2 0 0 1 0( 0 1 1 0 0 0 1 6 12 0.50 6101 Beard 2 2 2 1 4 2 4 3 3 8 1 5 37 24 1.54 6331, 6401, 6425 Beard 3 0 3 1 3 0 0 1 3 1 2 4 21 36 0.58 7018 BB 0 1 1 1 0 2 0 2 2 4 0 0 13 8 1.63 5240 Drew 2 2 2 0 0 1 1 1 2 0 0 0 11 10 1.10 5301 Dupont 1 1 0 0 0 0 1 0 0 0 0 0 3 6 0.50 4715 France 0 0 0 0 0 1 0 0 0 1 0 0 2 5 0.40 5843 Fremont 1 2 0 0 0 0 0 1 0 0 0 0 4 7 0.57 7230, 7250 WRR 1 0 0 2 0 0 0 0 0 0 0 0 3 8 0.38 7240 WRR 0 0 0 0 0 0 0 0 1 0 1 1 3 7 0.43 5207 Xerxes 0 2 0 1 0 0 0 0 0 0 0 0 3 12 0.25 5209 Xerxes 3 4 3 3 2 3 0 1 2 2 1 0 24 12 2.00 5211 Xerxes 2 0 4 1 1 1 I 0 1 0 0 0 2 12 12 1.00 Total CFS Rental (more than four units) 315 283 361 354 336 339 319 375 293 319 305 311 3,910 3,304 1.18 City f Brokl n Center Y Y Calls for Police /Medical /Fire Service Rental Property (more than four units) 2000 Total # of CFS Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec CFS Units Per Unit Basswood Apartments 0 0 0 1 0 0 0 1 1 0 0 0 3 11 0.27 Brookdale Manor 0 0 0 0 0 0 0 0 0 0 0 0 0 21 0.00 Brookdale "Powers 9 2 4 3 1 8 0 7 5 1 7 4 51 50 1.02 Brookhaven Apartments 8 3 4 4 3 16 4 4 6 8 5 8 73 54 1.35 Brookside Manor Apartments 9 17 11 22 8 6 12 13 11 11 12 12 144 90 1.60 Carrington Drive Apartments 13 16 4 11 15 8 14 15 14 9 10 11 140 128 1.09 Earle Brown Terrace 2 7 3 8 3 4 3 6 8 3 8 6 61 140 0.44 Earle Brown Farm Apartments 15 15 14 16 18 18 7 7 4 13 7 2 136 120 1.13 Evergreen Park Manor 2 7 5 8 12 5 5 6 0 3 2 7 62 80 0.78 Ewing Square Townhouses 4 2 11 5 3 1 8 4 6 9 5 3 61 23 2.65 Garden City Court 3 1 1 2 2 3 4 5 3 2 0 6 32 72 0.44 Georgetown Park Townhouses 7 3 1 21 9 8 6 9 12 10 20 13 12 130 92 1.41 Humboldt Courts 9 2 1 9 3 4 3 4 8 5 4 0 1 52 36 1.44 Humboldt Square Apartments 2 1 2 2 3 2 4 5 3 2 0 1 27 t8 1.50 Lake Shore Apartments 0 0 0 0 0 0 0 1 0 0 0 1 2 6 0.33 Maranatha Place 0 3 3 2 2 3 5 1 3 2 2 3 29 65 0.45 Marvin Gardens 0 2 7 4 6 3 5 2 3 1 3 5 41 52 0.79 Melrose Gates 3 5 4 10 5, 3 5 5 7' 3 2 5 57 217 0.26 Northbrook Apartments 2 3 3 4 2 0 1 2 3 1 4 4 29 11 2.64 River Glen 8 10 12 19 21 8 ` 30 15 14 21 6 9 173 128 1.35 Riverwood Apartments 8 6 0 4 7 2 13 13 3 12 5 10 83 84 0.99 Shingle Creek Apartments 3 0 2 4 8 1 1 2 8 2 4 6 41 36 1.14 Shingle Creek Tower 7 6 14 5 4 12 15 12 8 2 9 9 103 122 0.84 Sterling Square Apartments 9 9 12 8 12 9 4 5 4 7 6 14 99 54 1.83 Summerchase Apartments 68 78 101 109 110 87 68 91 102 112 112 108 1146 252 4.55 • • Total # • CFS Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec CFS Units Per Unit The Crossings at Brookwood 4 5 2 2 0 1 2 5 6 3 3 1 34 138 0.25 The Lilacs 2 0 1 2 3 0 3 5 2 1 0 1 20 22 0.91 The Pines of Brooklyn Center 14 6 10 7 7 7 7 8 14 3 8 8 99 102 0.97 Twin Lake Manor 22 25 22 22 24 31 29 30 40 44 31 26 346 310 1.12 Twin Lake North Apartments 4 4 4 4 9 3 12 7 12 9 6 3 77 276 0.28 Unity Place 6 12 26 23 33 24 33 18 28 21 19 19 262 112 2.34 Victoria Townhouses 6 1 10 5 5 6 8 9 7 11 10 9 87 48 1.81 Willow Lane Apartments 7' 6 10 6 8 7 3, 2 6 3 2 4 64 58 1.10 3401, 3413 47 1 3 0 0 0 1 0 1 0 0 2 0 8 22 0.36 3501 47 0 ` � 0 0 0 0 0 0 0 0 0 0 0 0 11 0.00 35t3 47 0 360147 1 2 2i 2 0{ 1 4� 1 0 1 0 0 19 11 1.73 3613 47 1 0 0 0 0( 1 1 0 0 2 0 2 7 11 0.64 3701 47 1 0 0 0 0 0 0 0 0 1 0 0 2 11 0.18 3713 47 0 0 0 0 0 0 0 0 3 0 0 0 3 11 0.27 372547 1, 0 0 0 0' 1 0' 1 0 0 0 0 3 11 0.27 120067 5 4 3 4 6 2 3 5 5 6 0 3 46 18 2.56 4819 Azelia 0 2 1 1 0 1 2 2 1 0 1 0 11 12 0.92 6101 Beard 5 1 1 2 0 3 3 2 3 4 2 3 29 24 1.21 6331, 6401, 6425 Beard 0 8 9 3 5 0 2 5 6 3 1 4, 46 36 1.28 7018 BB 2 0 0 2 1 2 2 0 0 0 1 0 10 8 1.25 5240 Drew 1 0 1 1 4 0 5 3 1 0 0 0 16 10 1.60 5301 Dupont 1 0 0 1 0 0 2 0 1 2 9 4 20 6 3.33 4715 France 0 0 0 0 2 0 0 0 0 0 0 2 4 5 0.80 5843 Fremont 1 0 0 0 0 0 0 0 0 0 0 0 1 7 0.14 7230, 7250 WRR 0 2 0 0 0 1 1 0 0 0 0 0 4 8 0.50 7240 WRR 6 0 0 2 0 3 1 6 2 4 2 1 27 7 3.86 5207 Xerxes 0 0 1 0 1 0 2 1 0 1 1 0 7 12 0.58 5209 Xerxes 2 0 0 0 0 0 0 0 1 0 0 0 3 12 0.25 5211 Xerxes 0 0 0 2 2 3 1 6 2 3 3 2 24 12 2.00 Total CFS Rental (more than four units) 284 { 279 351 354 369 { 306 347 359 374 371 324 340 { 4,058 3,304 1.23 City f Br�l n Center Y Y Calls for Police /Medical /Fire Service Rental Property (more than four units) 2001 Total # of CFS Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec CFS Units Per Unit Basswood Apartments 0 l 0 1 0 0 0 1 0 1 1 1 6 11 0.55 Brookdale Manor 0 0 0 0 0 0 0 0 0 0 0 0 0 21 0.00 Brookdale Towers 5 1 12 1 3 10 2 4 1 8 5 3 55 50 1.10 Brookhaven Apartments 6 9 5 6 2 5 6 7 9 8 11 6 80 54 1.48 Brookside Manor Apartments 12 7 14 6 19 14 18 3 8 11 16 10 138 ( 90 1.53 Carrington Drive Apartments 10 5 11 I 10 16 11 13 4 9 14 3 6 112 128 0.88 Earle Brown Terrace 6 0 12 9 14 8 11 6 8 3 5 6 88 140 0.63 Earle Brown Farm Apartments 10 6 17 8 3 5 11 9 9 2 7 11 98 120 0.82 Evergreen Park Manor 6 3 3 1 8 6 6 10 10 8 11 5' 77 80 0.96 Ewing Square Townhouses 7 5 I 4 8 10 7 13 7 18 12 8 12 Ill 23 4.83 Garden City Court 13 2 2 5 1 4 4 9 2 6 7 2 57 72 0.79 Georgetown Park Townhouses 15 10 6 15 17 21 14 13 16 13 10 14 164 92 1.78 Humboldt Courts 1 10 6 5 9 6 5 14 8 4 5 6 79 36 2.19 Humboldt Square Apartments 1 2 1 2 2 0 0' 3 0 1 3 1 16 18 0.89 Lake Shore Apartments 0 0 0 0 0 1 0 0 0 0 0 0 1 6 0.17 Maranatha Place 1 1 4 3 3 0 3 4 3 0 1 3 26 65 0.40 Marvin Gardens 3 9 4 5 5 4 5 2 5 4 2 8 56 52 1.08 Melrose Gates 11 6 9 10 7 18 11 10 6 18 6 10 122 217 0.56 River Glen 11 11 11 10 19 11 21 25 15 23 8 18 183 128 1.43 Riverwood Apartments 8 13 14 5 12 9 15 14 10 12 8 13 133 84 1.58 Shingle Creek Tower 10 9 7 8 9 16 9 4 12 7 12 4 107 122 0.88 Sommerset Apartments 3 3 6 10 3 4 17 13 12 7 18 6 102 36 2.83 Sterling Square Apartments 4 14 25 30 21 16 37 19 27 20 14 20 247 54 4.57 Summerchase Apartments 108 91 102 ' 106 105 91 95 , 103 88 112 119 99 1219 1 252 4.84 • • Total # ! CFS Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec CFS Units Per Unit The Crossings at Brookwood 5 2 2 1 1 4 6 3 0 3 1 4 32 138 0.23 The Lilacs 4 0 0 3 1 6 0 1 2 2 0 1 20 22 0.91 The Pines of Brooklyn Center 8 4 5 8 4 12 6 9 10 12 13 14 105 102 1.03 Twin Lake Manor 25 24 41 28 25 28 9 33 22 32 37 42 346 310 1.12 Twin Lake North Apartments 13 6 7 12 11 7 15 11 9 7 15 4 117 276 0.42 Unity Place 17 15 12 13 24 29 42 21 10 19 11 15 228 112 2.04 Victoria Townhouses 9 9 13 5 13 16 11 9 13 ( 8 13 7 126 48 2.63 Willow Lane Apartments 5 10 4 0 9 7 9 5 3 10 4 10 76 58 1.31 3401,341347 1 1 3 lj 1 2) 2 0 2 1 1 0 15 22 0.68 3501 47 0 1 0 0 0 0 0 0 0 j l j 0 1 3 11 0.27 351347 0 1 0 0 0 0 1 0 0 0 1 0 3 11 0.27 3601 47 0 1 l j 0 2 1 1 4 2 1 1 0 14 11 1.27 361347 7 1 2 l j 0 1 I 3 1 5 1 2 6 30 11 2.73 370147 1 0 0 0 0 o 0 0 0 0 0 0 1 11 0.09 371347 0 0 0 0 0 2 0 2 1( 0 1 0 6 11 0.5.5 372547 0 0 0 0 0 3 2 0 0 0 0 0 5 11 0.45 120067 3 9 7 I 4 3 3 4 8 6 5 j 3 2 57 18 3.17 4819 Azelia 0 3 1 0 I 0 2 0 0 0 0 0 0 6 12 0.50 6101 Beard 5 1 8 4 3 3( 0 6 2 7 4 4 47 24 1.96 6331, 6401, 6425 Beard 2 1 0 1 2 3( 3 6 4 1 3 6 2 33 36 0.92 6037 BB 0 0 0 1 0 j 1 2 1 1 2 0 0 8 11 0.73 7018 BB 0 1 1 0 1 0 3 1 0 0 1 3 11 8 1.38 5240 Drew 1 0 1 2( 0 1 1 4 0 0 3 13 10 1.30 5301 Dupont 2 1 1 3 0 1 1 0 3 1 0 13 6 2.17 4715 France 2 0 0 4 1 0 2 0 0 0 0 0 9 5 1.80 5843 Fremont 0 1 0 0 0 0 2 0 0 1 1 0 5 7 0.71 7230, 7250 WRR 0 0 1 0 0 0 0 2 1 0 0 1 5 8 0.63 7240 WRR 1 3 2 0 3 1 1 2 0 0 1 1 15 7 2.14 5207 Xerxes 0 0 0 1 0 1 1 1 0 0 0 0 4 12 0.33 5209 Xerxes 0 2 0 0 0 0 j 1 0 1 0 0 0 4 12 0.33 5211 Xerxes 5 0 2 3 2 3 I 0 2 0 2 I 1 1 21 12 1.75 Total CFS Rental (snore than four units) 367 315 389 360 395 403 446 412 371 414 i 398 385 4,655 3,304 1.41 • City Council Agenda Item No. 11b Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk bj O� P' DATE: February 19, 2002 SUBJECT: Resolution Amending the Schedule for Plumbing Permit Fees In the 2001 Legislative Session, Chapter 207 -H. F. No. 1310 was passed relating to several changes to the state's building code requirements, including permit fee limitation of minor residential improvements. The new law limits permit fees to $15 or 5 percent, whichever is greater, for improvement, installation or replacement of a residential fixture or appliance that does not modify electric or gas service, has a labor cost of $500 or less, and is done by the homeowner or a licensed contractor. The City Council adopted by resolution a fee schedule setting fees for permits. The new law limiting the permit fees needs to be incorporated into the fee schedule. Attached is a resolution amending the schedule for plumbing permit fees which incorporates the new law. Attachment • 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 adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION AMENDING THE SCHEDULE FOR PLUMBING PERMIT FEES WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution No. 99 -172 on November 8, 1999, relating to planning and inspection fees, including plumbing permit fees; and WHEREAS, in the 2001 Legislative Session, Chapter 207 -H. F. No. 1310 was passed relating to changes to the state's building code requirements, including permit fee limitation of minor residential improvements; and WHEREAS, Chapter 207 -H. F. No. 1310 became effective January 1, 2002; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the schedule for plumbing permit fees be amended as follows: Plumbing Permit Fees Plumbing permit fees shall be computed as set forth below. • a. Minimum fee $25.00* b. Repair or alteration of existing system 2% of estimated cost C. New residential or commercial building 2% of estimated cost *Effective January 1, 2002, the fee for improvement, installation or replacement of a residential fixture or appliance that does not modify electric or gas service, has a labor cost of $500 or less, and is done by the homeowner or a licensed contractor is $15 or 5 percent, whichever is greater. 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. Minnesota Session Laws 2001, Chapter 207 Page 1 of 7 MinnesotaSession Laws Minnesota Session Laws - 2001 Key: ...new laneua2e Change language er iancement disblay. Leaislative history and Authors CHAPTER 207- H.F.No. 1310 An act relating to construction; giving the state building official final authority for interpreting the State Building Code and prescribing its enforcement; regulating construction - related fees; requiring municipalities to submit annual reports on construction - related fees; providing for adoption of certain amendments to the mechanical code; limiting certain municipal building code ordinances; clarifying certain terms; modifying provisions relating to construction warranties; limiting certain waivers of rights; modifying provisions relating to zoning ordinances; amending Minnesota Statutes 2000, sections 16B.61, subdivisions 1, 2; 16B.62, subdivision 1; 16B.63, by adding a subdivision; 326.90, subdivision 1; 327A.01, subdivision 2; 327A.02, subdivisions 1, 3; 462.353, subdivision 4; 462.357, subdivisions 2, 5; proposing coding for new law in Minnesota Statutes, chapters 16B; 462. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2000, section 16B.61, subdivision 1, is amended to read: Subdivision 1. [ADOPTION OF CODE.] Subject to sections 16B.59 to 16B.75, the commissioner shall by rule establish a code of standards for the construction, reconstruction, alteration, and repair of buildings, governing matters of structural materials, design and construction, fire protection, health, sanitation, and safety, including design and construction standards regarding heat loss control, illumination, and climate control. The code must conform insofar as practicable to model building codes generally accepted and in use throughout the United States, including a code for building conservation. In the preparation of the code, consideration must be given to the existing statewide specialty codes presently in use in the state. Model codes with necessary modifications and statewide specialty codes may be adopted by reference. The code must be based on the application of scientific principles, approved tests, and professional judgment. To the extent possible, the code must be adopted in terms of desired results instead of the means of achieving those results, avoiding wherever possible the incorporation of specifications of particular methods or materials. To that end the code must encourage the use of new methods and new • materials. Except as otherwise provided in sections 16B.59 to 16B.75, the commissioner shall administer and enforce the provisions of those sections. The commissione sh al l develop rules addressi the plan Minnesota Session Laws 2001, Chapter 207 Page 2 of 7 review fee asse ssed to si milar buildings without sign ificant modifications includi p rovisio ns for use of building s ystems • as specified in the industrial /mod program spec ified in section 16B.75. Addition p lan re view fees associ ated_ with similar plans mus be ba sed on costs commensurate with t he direct and indirect costs of the service. Sec. 2. Minnesota Statutes 2000, section 16B.61, subdivision 2, is amended to read: Subd. 2. [ENFORCEMENT BY CERTAIN BODIES.] Under the direction and supervision of the commissioner, the provisions of the code relating to electrical installations shall be enforced by the state board of electricity, pursuant to the Minnesota Electrical Act, the provisions relating to plumbing shall be enforced by the commissioner of health, the provisions relating to high pressure steam piping and appurtenances shall be enforced by the department of labor and industry. Fees for inspections conducted by the state board of electricity shall be paid in accordance with the rules of the state board of electricity. Under direction of the commissioner of public safety, the state fire marshal shall enforce the Minnesota Uniform Fire Code as provided in chapter 299F. The commissioner, in consultation wit the commissioner of la bor and industrv, shall ado amendment to t mechanical co portion of the State Building Code to implement standards for process pipinq. [EFFECTIVE DATE.] This section is effective the day followinq final enactment. Sec. 3. Minnesota Statutes 2000, section 16B.62, subdivision 1, is amended to read: • Subdivision 1. [MUNICIPAL ENFORCEMENT.] The State Building Code applies statewide and supersedes the building code of any municipality. A municipality must not by ordinance or thr ough development aqreement req build code pr ovisions requlatinq components or s o f an v residentia str that are different from anv pr ovision of the State Buildin Code. A municipa mav, wit the approval of the state buildinq officia ado an ordin that is more restric than the State Build Code where g eological conditions w arrant a more restrictive or dinan ce . A municipality ma v a ppeal the disapproval of a more restrictive ordinance to the commissioner. An app under th subdivision is subject to the schedule, fee, procedures, c p and appeal rights set out in section 16B.67. The State Building Code does not apply to agricultural buildings except with respect to state inspections required or rulemaking authorized by sections 103F.141, 216C.19, subdivision 8, and 326.244. All municipalities shall adopt and enforce the State Building Code with respect to new construction within their respective jurisdictions. If a city has adopted or is enforcing the State Building Code on June 3, 1977, or determines by ordinance after that date to undertake enforcement, it shall enforce the code within the city. A city may by ordinance extend the enforcement of the code to contiguous unincorporated territory not more than two miles distant from its corporate limits in any direction. Where two or more noncontiguous cities which have elected to enforce • the code have boundaries less than four miles apart, each is authorized to enforce the code on its side of a line equidistant between them. Once enforcement authority is extended extraterritorially by ordinance, the authority may continue to Minnesota Session Laws 2001, Chapter 207 Page 3 of 7 be exercised in the designated territory even though another city less than four miles distant later elects to enforce the • code. After the extension, the city may enforce the code in the designated area to the same extent as if the property were situated within its corporate limits. A city which, on June 3, 1977, had not adopted the code may not commence enforcement of the code within or outside of its jurisdiction until it has provided written notice to the commissioner, the county auditor, and the town clerk of each town in which it intends to enforce the code. A public hearing on the proposed enforcement must be held not less than 30 days after the notice has been provided. Enforcement of the code by the city outside of its jurisdiction commences on the first day of January in the year following the notice and hearing. Municipalities may provide for the issuance of permits, inspection, and enforcement within their jurisdictions by means which are convenient, and lawful, including by means of contracts with other municipalities pursuant to section 471.59, and with qualified individuals. The other municipalities or qualified individuals may be reimbursed by retention or remission of some or all of the building permit fee collected or by other means. In areas of the state where inspection and enforcement is unavailable from qualified employees of municipalities, the commissioner shall train and designate individuals available to carry out inspection and enforcement on a fee basis. Nothinq in thi section prohibits a municipality from adopting ordinance r el_ati_na t o zoninq, subdivision, or planninq unless the ord inance conflicts w ith a provision of t he State Buildinq Cod that re components or syst of a ny residential structure. . Sec. 4. Minnesota Statutes 2000, section 16B.63, is amended by adding a subdivision to read: Subd. 5. [INTERPRETATIVE AUTHORITY.] To achieve uniform and consistent a pplic ati o n of the State Building Code, the st ate buildinq offi cial h as final interp authorit applicable to all codes ado pte d as part o the State Bu ildin q Code except for the plumbing code and th electrical code when enforced b the state board_ of ele c tr icity. A final int committee compo o f s me mber s , consi of three buildinq officials, t inspectors from th e affec field, and two constructi i r shall review req for final interpretat re to th at field. A request for final interpretation mus com from a loc al or state level buildinq code boa of ap peals . The state building official must establish p roce du res for mem of th e interpretative committees. T he a commit shall review th r eques t and make a recommend to the state buildina officia f or the final interpre wi 30 days of the request. The state buildinq offic - mu - s t is an interpretation wit hin ten business days from te recommendation from the review committee. A fi in terpret a tion may be a w ithin 30 days of its is to the commissioner under sect The final interp must be p ublishe d within t en business days of its issuance a made _ava to the publ ic. Municipal build of shall a dminister all f inal interpretations issued by the state building offici u the final interpreta are considered adoption a part of t he • State Buildinq Code. Sec. 5. [16B.665] [PERMIT FEE LIMITATION ON MINOR RESIDENTIAL IMPROVEMENTS.] Minnesota Session Laws 2001, Chapter 207 Page 4 of 7 A municipality as d i section 16B.60, sub division 3, or a town may n char a p ermit fee that ex $15 or 5 • percent - of t he cost of the impr installatio or replacement, whichev is gr for t i mprovement, installation, or rep o a residential fixture or appliance that: (1) does not req mo to ele ctric_ or qas service; (2) has a total cost of $ 500 o less, exc ludi_na_ the cost of the fixture or appliance; and (3) is improved, in sta lle d, or replace by t he home owner or a licensed contractor. Sec. 6. [16B.685] [ANNUAL REPORT.] Beginninq with t he first report filed b y April 1, 2003, each municipal sha annuall rep ort by April 1 to the department, in a for prescribed by the dep all construction and de related fees collected by the municipality from devel builders and subcont The report must include: (1) the numbe a valuation of units for which fee were L id;_ - (2) the amou - o building permit fe pla review fees, administrative fe es, enaine fees infrastruct fee and other construction and deve relat fees; and (3) the expens associa w the municip activities for which fees were collected. Sec. 7. Minnesota Statutes 2000, section 326.90, subdivision 1, is amended to read: Subdivision 1. [LOCAL LICENSE PROHIBITED.] Except as • provided in sections 3F 11 9 1 _ , ^-? 326.90, subdivision 2, and 326.991, a political subdivision may not require a person licensed under sections 326.83 to 326.991 to also be licensed or pay a registrati o o th er fee rel t o licensure under any ordinance, law, rule, or regulation of the political subdivision. This section does not prohibit charges for building permits or other charges not directly related to licensure. Sec. 8. Minnesota Statutes 2000, section 327A.01, subdivision 2, is amended to read: Subd. 2. [BUILDING STANDARDS.] "Building standards" means the +r + ._ .l, _,�^ s _.l, ^l -rr� ^-i pity e'�_nd_ -_ - a _ h 1 F. `i 7 1 ;- -1 + 1-� s cllirg i_ ci Q State Buildina Code, adopted by the commissioner of adm pursuant to sectio 16B.59 to 16B.75, that is in a t the time of the co nstruction or remodelinq. Sec. 9. Minnesota Statutes 2000, section 327A.02, subdivision 1, is amended to read: Subdivision 1. [WARRANTIES BY VENDORS.] In every sale of a completed dwelling, and in every contract for the sale of a dwelling to be completed, the vendor shall warrant to the vendee that: (a) during the one -year period from and after the warranty date the dwelling shall be free from defects caused by faulty workmanship and defective materials due to noncompliance with building standards; • (b) during the two -year period from and after the warranty date, the dwelling shall be free from defects caused by faulty installation of plumbing, electrical, heating, and cooling systems due to noncompliance w ith build sta ndards; and Minnesota Session Laws 2001, Chapter 207 Page 5 of 7 (c) during the ten -year period from and after the warranty date, the dwelling shall be free from major construction defects • due to noncompliance with b_uildina standards. Sec. 10. Minnesota Statutes 2000, section 327A.02, subdivision 3, is amended to read: Subd. 3. [HOME IMPROVEMENT WARRANTIES.] (a) In a sale or in a contract for the sale of home improvement work involving major structural changes or additions to a residential building, the home improvement contractor shall warrant to the owner that: (1) during the one -year period from and after the warranty date the home improvement shall be free from defects caused by faulty workmanship and defective materials due to noncompliance with building standards; and (2) during the ten -year period from and after the warranty date the home improvement shall be free from major construction defects due to noncompliance wi b standards. (b) In a sale or in a contract for the sale of home improvement work involving the installation of plumbing, electrical, heating or cooling systems, the home improvement contractor shall warrant to the owner that, during the two -year period from and after the warranty date, the home improvement shall be free from defects caused by the faulty installation of the system or systems due to noncompliance with building standards. (c) In a sale or in a contract for the sale of any home improvement work not covered by paragraph (a) or (b), the home improvement contractor shall warrant to the owner that, during the one -year period from and after the warranty date, the home improvement shall be free from defects caused by faulty • workmanship or defective materials due to noncompliance with building standards. Sec. 11. Minnesota Statutes 2000, section 462.353, subdivision 4, is amended to read: Subd. 4. [FEES.] A municipality may prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an official control established pursuant to sections 462.351 to 462.364 or an application for a permit or other approval required under an official control established pursuant to those sections. Fees as prescribed m ust be by ordinance a must be fair, reas and proportionate to the ac cost of the service for whi t fe e is imposed A municipality shall adopt managem an d accountin procedures to en sure that fees are maintained and onl fo r_ the pur for which they are collected. If a dispute ari o a spe cific fee i mp o sed by a municipality relat to a specific application, the amoun of the fee must be_ depo a n d held in escrow an d th e person aqqrieved by the fee m appeal u s e cti on 462.361. An approved appli ma proceed as if the fee had b paid, pending a decision on the appeal. Sec. 12. [462.3531] [WAIVER OF RIGHTS.] Any waiver of righ of ap u nder sec 4 29.08 1 is effective only for th amount of assessment esti or for the assessment amount ag reed to in the development ag An effective waiver of rights o a under-sect - ion 429_.081 may • contain additional cond p rovid i ng for i in assessments that will n be subj ect to appeal_ if: (1) the incre are a r esult o requests m by the developer or property owner; or Minnesota Session Laws 2001, Chapter 207 Page 6 of 7 (2) the increases are otherwise ap prove d b y the developer or property owner i n a subs e_qu en t_sepa ra t e w ritte n document. • Sec. 13. Minnesota Statutes 2000, section 462.357, subdivision 2, is amended to read: Subd. 2. [GENERAL REQUIREMENTS.] (a) At any time after the adoption of a land use plan for the municipality, the planning agency, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the governing body with its recommendations for adoption. (b) Subject to the requirements of subdivisions 3, 4, and 5, the governing body may adopt and amend a zoning ordinance by a majority vote_ of all i memb T adop o r amendment of any portion_ of a_ whic ch anges al l or part of the existinq classi o f a zoni dis from residential to either c ommerci a l or indu strial r a two- thirds majority vote of all - members of the governing b (c) The land use plan must provide guidelines for the timing and sequence of the adoption of official controls to ensure planned, orderly, and staged development and redevelopment consistent with the l use plan. Sec. 14. Minnesota Statutes 2000, section 462.357, subdivision 5, is amended to read: Subd. 5. [AMENDMENT; CERTAIN CITIES OF THE FIRST CLASS.] The provisions of this subdivision apply to the adoption or amendment of any por of a z on i ng o rdinan ce which changes all or part of the exi sting classifi of a zonin district from residential to eith comm o i ndustr ia l of a • property locat in a city of the first class, except a city of the first class in which a different process is provided through the operation of the city's home rule charter. In a city to which this subdivision applies, amendments to a zoning ordinance shall be made in conformance with this section but only after there shall have been filed in the office of the city clerk a written consent of the owners of two- thirds of the several descriptions of real estate situate within 100 feet of the total contiguous descriptions of real estate held by the same owner or any party purchasing any such contiguous property within one year preceding the request, and after the affirmative vote in favor thereof by a majority of the members of the governing body of any such city. The governing body of such city may, by a two- thirds vote of its members, after hearing, adopt a new zoning ordinance without such written consent whenever the planning commission or planning board of such city shall have made a survey of the whole area of the city or of an area of not less than 40 acres, within which the new ordinance or the amendments or alterations of the existing ordinance would take effect when adopted, and shall have considered whether the number of descriptions of real estate affected by such changes and alterations renders the obtaining of such written consent impractical, and such planning commission or planning board shall report in writing as to whether in its opinion the proposals of the governing body in any case are reasonably related to the overall needs of the community, to existing land use, or to a plan for future land use, and shall have conducted a public hearing on such proposed ordinance, changes or alterations, of which hearing published notice shall have been • given in a daily newspaper of general circulation at least once each week for three successive weeks prior to such hearing, Minnesota Session Laws 2001, Chapter 207 Page 7 of 7 which notice shall state the time, place and purpose of such hearing, and shall have reported to the governing body of the • city its findings and recommendations in writing. Sec. 15. [EFFECTIVE DATE.] (a) Sections 5 an d ar effecti January 1, 2002. (b) Sections 8 1 13 and 14 e f fect ive__t_he day followinq final enactment. (c) Section 12 is eff A 1, 200 1, a nd applies to contracts entered in on o r a fter t hat date. Presented to the governor May 25, 2001 Signed by the governor May 29, 2001, 11:35 a.m. • • City Council Agenda Item No. llc I MEMORANDUM DATE: February 21, 2002 TO: Michael J. McCauley, City Manager w FROM: Diane Spector, Director of Public Work&- SUBJECT: Staff Report RE: Proposed Twin Lake Management Plan As you know, improving the water quality in Twin Lakes, especially Upper Twin Lake, has been a priority for a number of years. A few years ago, the Shingle Creek Watershed Management Commission undertook a Twin Lakes diagnostic study to try to determine the source of the excessive phosphorus loading and identify possible means of reducing it. The study concluded that the wetland complex to the north of Upper Twin Lake, extending to the east and north of Crystal Airport, was the likely source of the phosphorus and that restoration of the wetland would probably significantly reduce the phosphorus being discharged into the lake. Working with the Watershed engineer, Montgomery Watson Harza (MWH), we have developed a plan of action that we hope will ultimately lead to completion of water quality improvements. If acceptable to the Council, we will bring to the Council on March 11, 2002 a resolution adopting the action plan and authorizing a professional services contract to take the next steps in that action plan. Action Plan Grant proposals have been submitted to help fund the proposed wetland restoration improvement project, but the project has not been funded. Discussions with the granting agencies suggest that the project would score higher if additional study and a lake management plan were completed. In addition, there are other activities that are specifically associated with Twin Lake and others with water quality in general that should be considered for implementation. The Action Plan is comprised of four steps: 1. Develop a Twin Lakes Management Plan; 2. Complete additional diagnostics on Twin Lake and the associated north wetland to refine the proposed improvement project; 3. Implement the local controls, best management practices (BMPs), and education programs identified in the management plan; and 4. Construct the wetland restoration and any other improvement projects identified in the plan. I have been working with Montgomery Watson Harza (MWH) to develop a proposal to prepare a • Twin Lake Management Plan and to conduct additional diagnostic studies to better define the specific improvements. This is the approach taken recently for Prior Lake, which successfully competed for and was awarded federal Clean Water Act grant funds to construct improvements. i 2 The Management Plan would be developed by working with lakeshore residents, agencies charged with overseeing various aspects of surface water quality, elected officials, and city staffs of Brooklyn Center, Crystal, and Robbinsdale. The Management Plan would identify short and long term goals for water quality, recreation, fish and wildlife, and other issue areas identified in the process. Also included would be a set of short and long term management strategies. Other actions that are part of the overall action plan include implementation of the required shoreland management ordinance and surface water management ordinance; refinement of operations within the Twin Lakes subwatershed; and implementation of the Twin Lakes Homeowner Education Project, which is a joint collaboration between the watershed and the Hennepin Conservation District (see attached) and funded by the Metropolitan Council. The action plan would also include the construction or programming of the proposed wetland restoration project, as well as any other projects that might be generated through the management plan process. Cost and Process The estimated cost of steps one and two above is $93,000. The specific tasks are shown in the attached memo from Joe Bischoff of MWH. About $30,000 of that total would be Phase I, or the development of the Management Plan itself, the actual cost would be dependent on the number of meetings. There will likely be some overlap with other activities such as the Twin Lakes Homeowner Education Project and the watershed 2" Generation Plan, so the actual cost may be less than that. The balance of the cost, or about $63,000, would be for Phase II, the cost of the additional lake and wetland monitoring, data analysis, and modeling and more detailed management options. The 2002 Storm Drainage Utility budget includes $100,000 for Twin Lakes diagnostic testing and design of improvements. I have had some discussions with staff from Crystal, who would be willing to participate financially in the development of the management plan, although their resources are more limited. Staff from Robbinsdale is unsure of their ability to participate financially. To move this project along, Brooklyn Center will have to provide the bulk of the funding. If Council believes this is the route to take, then the process would be as follows. We would bring to the Council at the March 11, 2002 meeting a resolution adopting a Twin Lakes Water Quality Action Plan and awarding a professional services contract to Montgomery Watson Harza in accordance with the attached scope of work and budget. I would recommend contracting with MWH rather than obtaining proposals from other consultants as that firm is intimately familiar with the lake system, and it prepared the initial Twin Lake diagnostic study. I would immediately enter into more formal discussions with Crystal and Robbinsdale about the possibility of their financial participation in developing the management plan. I would hope to have some at least informal indication of what that participation might be by March 11. MWH 3 would then immediately begin setting up the lake and wetland monitoring so it is in place for spring snowmelt. MWH and the three cities would immediately start bringing in other agencies, especially the EPA, so that the plan and diagnostic study are all consistent not only with local needs but also with the requirements for their improvement project grant funds. We would expect that public meetings would begin by late spring, with a final report by the end of the year. Role of the Watershed When it does come time to construct improvements, those projects would be constructed by as joint powers projects with other cities such as Crystal. Under the current watershed joint powers agreement the watershed itself does not undertake construction projects; it only identifies them. Member cities are then responsible for undertaking and financing the projects. Since Brooklyn Center, Crystal, and to a lesser extent Robbinsdale would be most impacted by these improvements, they are the cities that would be responsible for the improvements. The 2002- 2006 CIP programs $100,000 in 2003 for construction of improvements to improve water quality in Twin Lakes. MN MWH MONTGOMERY WATSON HARZA To: Diane Spector Date: December 11, 2001 From: Joe Bischoff Ref: Subject: Twin Lakes Management Plan Scope of Work and Budget Following is a proposed scope of work and budget for the Phase I and Phase II Twin Lakes Management Plan. Phase I of the Twin Lakes Management Plan is a planning document meant to identify and prioritize issues and management activities in the Twin Lakes watershed. Phase II is the analytical work to identify phosphorus inputs from the wetland and internal recycling. PHASE I Overall Objective: To develop an action plan for the protection of water quality in Twin Lakes through quantitative analysis, public outreach, lake and watershed characterization, and watershed and lake • restoration. The end document will provide a comprehensive program to meet the resource management goals for Twin Lakes. The purpose of this project is to develop a framework for the improvement of water quality for Twin Lakes. This framework will outline important issues, our current understanding of the water quality of Twin Lakes, and a systematic approach with milestones for improving water quality in Twin Lakes. Tasks and Goals: GOAL 1: Develop goals and issues for Twin Lakes including public, city official, and agency inputs. This scoping action will be the basis for developing appropriate goals and actions. Task ]a. Hold two public input meetings to identify issues important to the residents of the Twin Lakes watershed. Task 1b. Hold two public officials meetings to identify issues important to the cities in the Twin Lakes watershed. Task I c. Hold an agency officials meeting to identify their issues in the Twin Lakes watershed. Agencies may include the Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, United States Geological Survey, Metropolitan Council, HCD, Hennepin County and any other interested parties. • GOAL 2: Develop a public information, education and participation action plan. Task 2a. Develop education program f th eve op objectives for a comprehensive public information and e p ogr or e Twin Lakes watershed. This task will be coordinated with the current Twin Lakes Homeowner Education project. Task 2b. Develop specific actions and potential resources for implementation of a public information and education program for the Twin Lakes watershed. GOAL 3: Develop an action plan for a lake and watershed characterization for Twin Lakes. Task 3a. Develop a preliminary lake characterization by identifying and summarizing past studies in Twin Lakes. Task 3b. Develop preliminary watershed usin GIS data and revious studies p p ary s ed g p conducted in the watershed. Task 3c. Identify and prioritize watershed and lake issues, data gaps, and data needs. GOAL 4: Develop goals and actions to determine the best management strategies for protecting and improving the beneficial uses (as designated by the State of Minnesota) of Twin Lakes. Task 4a. Develop objectives for a comprehensive watershed - planning program for the Twin Lakes watershed. Task 4b. Develop specific actions and potential resources for implementation of the watershed - planning program for the Twin Lakes watershed. GOAL 5: Identify potential funding sources appropriate for the development and implementation of the Twin Lakes watershed and Lake management plan. Task 5a. Identify and summarize potential funding sources for implementation of the Twin Lakes Watershed Management Plan. GOAL 6: Develop goals and an action n for the organization and implementation of the developed p g comprehensive watershed and lake management plan. Included in the implementation phase would be a plan for tracking the progress of implementation of the plan. Task 6a. Develop objectives for the organization and implementation of the comprehensive management plan for the Twin Lakes watershed. Task 6b. Develop specific actions and potential resources for implementation of the comprehensive management plan for the Twin Lakes watershed. -2- PHASE II Objective: The primary objective is to identify management options to reduce P loading into Upper Twin Lake through the identification of P sources (wetland source, internal recycling). Task 1. Data Collection: This task includes the field collection of data for both Upper Twin Lakes and for the wetland area in the north subwatershed. Task 1 a. Install monitoring equipment for the wetland system including ISCO samplers, flow meters, and rain gages. Task lb. Monitor water quality for the wetland system flowing into Upper Twin Lake. Monitoring will be conducted for TP, DP, NO3, pH, and TSS and include both storm sampling and basline monitoring. Task 1 c. Monitor water quality in Upper Twin Lake. Monitoring will be conducted for Chlorophyll -a, TP, DP, NO3, pH, temperature, DO and TSS. Task 2. Analyze water quality data for Upper Twin Lake and the wetland complex. Task 2a. Evaluate data for quality assurance and quality control. Task 2b. Analyze wetland data for P loading and potential cause of P release (pH, DO). Task 2c. Model nutrient cycling in Upper Twin Lakes using BATHTUB to identify eutro Y g pp g fY hication p potential. Task 2d. Develop final report outlining results, management options and alternatives for reducing P loads into Upper Twin Lake. Task 3. Identify potential alternatives for reducing P -loads to Upper Twin Lake and develop budgets for each scenario. DELIVERABLES: 1. Final Twin Lakes management plan outlining current issues and understanding, as well as a manamgemnet framework for improving the quality of Twin Lakes. 2. Final diagnostic study that identifies the eutrophication sources and potential of Twin Lakes. The study will also evaluate the large DNR wetland in the north subwatershed for nutrient loading to Twin Lakes. 3. List of otential management in Lakes watershed. p g options and associated costs for the Tw ak -3- I EAM Rates I $ 130 _ JMB CJM I $ 80 -- JRR - - j $ 80 CS { $ 66 JAA I $ 40 { Hours f avenue Ccst Task # PHASE I Task _ EAM JMB _ CJM JRR CS JAA EAM JMB CJM JRR CS JAA SUM Develop primary goals and issues for Twin 1 Lakes includina public. city official, and agency _ Ito 8 8 2 70 $ 1,040 $ 848 $ - $ - $ 132 I $ 400 $ 2,420 1b 8 8 2 10 $ 1,040 $ 848 $ - $ - $ 132 $ 400 $ 2,420 lc 4 4 1 2 8 $ 520 $ 424 $ - $ - $ 132 $ 320 $ 1,396 $ 6.236 Develop a public information, education and 2 paticipation action plan. Subtotal $ 6236 29 2 I 8 $ 260 $ 848 $ - $ - $ - $ - $ 1,108 2b 2 8 $ 260 $ 848 $ - $ - $ - $ - $ 1,108 _ 1 Subtotal $ 2,216_ Develop an action plan for a lake and 3 watershed characterization for Twin Lakes. 3a _ -- 2 8 $ 260 $ 848 $ - $ - $ - $ - $ 1,108 13b 12 $ - $ 1,272 $ - $ - _ $ - $ - ($ 1,272 3c 2 I 10 - $ 260 $ 1,060 $ - $ - $ - $ - $ 1,320 Subtotal $ 4,808 Develop goals and actions for comprehensive 4 watershed planning. 48 2 8 $ 260 $ 848 $ - $ - $ - $ - $ 1,108 0 2 8 I I $ 260 $ 848 $ - $ - $ - $ - $ 1,108 $ 2,216 Idnetify potential funding sources appropriate for the development and implementation of the - 5 Tenn Lakes watershed and Lake management !Sa 2 8 - $ 260 $ 848 $ - $ - $ - $ - $ 1,108 - - Subtotal $ 1,108 _ Develop goals and an action plan for for the orgnaization and implementation of the developed comprehensive watershed and lake - 6 m anagement plan. _..- _._ - -- - - -- i -___ - -- -- 2 8 - $ 260 $. 848 - $ -_ $ $ - $ - $ 1,108 2- 8__ $ 260 $ 848 $ - $ - $ - $ - $ 1.108 Subtotal $ 2,216 Document Production 40 $ - $ - $ - $ $ 2,640 $ - $ 2,640 $ 2,640 PHASE II I 1 Data collection Equipment Installation to 8 $ - $ - $ - $ 640 $ - $ - $ 640 Wetland monitoring I 16 100 $ - $ 1,696 $ - $ 8,000 $ - $ - $ 9,696 Lake Monitoring 1c 16 80 $ - $ 1,696 $ - $ 6,400 $ - $ - $ 8,096 2 Data analysis and reporting Data QA/QC 1a 15 $ - $ 1,590 $ - $ - $ - $ - $ 1,590 Data Analysis lb 80 $ - $ 8,480 $ - $ - $ - $ - $ 8,480 BATHTUB Modeling 1c 50 $ - $ 5,300 $ - $ - $ - $ - $ 5,300 Data Reporting td 80 $ - $ 8,480 $ - $ - $ - $ - $ 8,480 I 3 Alternative Analysis and Budgeting 3a 8 10 10 $ 1,040 $ 1,060 $ 800 $ - $ - $ - $ 2,900 Total 46 373 10 188 46 28 $ 5,980 $ 39,538 $ 800 $ 15,040 $ 3,036 $ 1,120 $ 65,514 overall 663 Labor $ 65,514 i APC $ 5,105_ Total $ 70,619 I I ODCs Mileage $ 800 Analytical $ 12,958 Equipment $ 5,250 $ 19,008 Project total $ 92,358 2001 MetroEnvironment Partnership Grant Application Legal Name of Project Sponsor: Shingle Creek Watershed Management Commission g J P g g Designated Project Representative: Joe Bischoff Mailing Address: 505 U.S. Highway 169, Suite 555 Minneapolis, MN 55441 Email: joseph.bischoff@mwhglobal.com Telephone: (763) 595 -5273 Project Title: Twin Lakes Homeowner Education Project Total Project Cost: $22,395 Grant Request Amount: $14,115 PROJECT GOALS AND OBJECTIVES The primary goals for the Twin Lakes MEP grant are to 1) develop an understanding of landowner practices that affect the quality of water entering Twin Lakes and 2) provide education on landowner BMPs and Smart Growth principles to improve stormwater quality. Goal 1 : To assess individual homeowner practices that affect water quality in the Twin Lakes watershed, including such practices as fertilizer use, grass /yard waste handling, used motor oil, car washing, and pet waste. Goal 2 : To educate homeowners and lake users regarding their impact on stormwater quality, focusing on their handling of household waste including yard waste, rooftop runoff, fertilizer use, and any other activity that affects the quality of stormwater runoff. SHORT PROJECT DESCRIPTION Twin Lakes has been monitored for five of the last seven years as part of the Metropolitan Council's Citizen Assisted Lake Monitoring Program. These monitoring results consistently report poor water quality in the lake, especially Upper Twin Lake. For this reason, Twin Lakes has been listed on the Metropolitan Council's list of priority lakes. Resident concerns regarding Twin Lakes water quality have also led the City of Brooklyn Center to identify Twin Lakes as the focus of a future capital improvement project aimed at improving lake quality. Currently, the city applies seasonal chemical treatments to the lake in an attempt to manage algal blooms associated with poor water quality. The Shingle Creek Watershed Management Commission (SCWMC) has recently conducted a regional stormwater ponding investigation (SCWMC, 2000). The focus of this study was to identify areas of the watershed where there was inadequate treatment of stormwater quality prior to discharging to public waterbodies. Among others, the SCWMC found that the subwatershed surrounding Twin Lakes had virtually no regional or site - specific stormwater treatment facilities. In fact, 95% of the direct drainage area to Twin Lakes (including parts of Brooklyn Center, Brooklyn Park, Crystal, New Hope, and Robbinsdale) has stormwater treatment levels below Commission standards. Consequently, homeowner practices have the potential to significantly impact stormwater quality in the Twin Lakes watershed. Task 1. Conduct a Landowner Audit Task la. Conduct door -to -door environmental audits focused on home and landowner treatment of stormwater, vard waste, fertilizer. car washing, and pet waste. The purpose of this task is to conduct a watershed -wide environmental audit focused on water quality using local high school and community college students to collect information from a significant sample of homeowners; currently, we are targeting approximately 200 homes. Data will be collected through a door -to -door survey by the students. In the process of collecting data, the students will provide educational material to homeowners regarding their impacts on stormwater quality, landowner BMPs, and Smart Growth principles. Task Ib. Conduct soil testing for phosphorus in 10 to 15 sites. Included in a subset of 10 to 15 sites will be yard soil testing for phosphorus content. This will provide neighborhoods with key information about the need for phosphorus in fertilizers. 1 L Task Ic. Conduct door -to -door aud of the same landowners to evaluate chan ges in landowner practices After 1 year, students will return to the homes and conduct another survey to identify changes in practices that have been completed by homeowners. Task 2. Educate La ndowners on Smart Growth Principles and L andowner BMPs for Water Ouality Protection Task 2a. Develop educational materials for homeowners. We will develop both general and site - specific educational materials that can be used in the Twin Lakes watershed. Materials will draw upon those already created by the MCES and also include specific information on Twin Lakes and potential impacts. Materials provided will include individual homeowner BMPs, information on Smart Growth principles and local activities, and material identifying the importance of storm runoff management. These materials will be provided during the door -to -door audits. Task 2b. Storm drain stenciling Students will stencil storm drains in the audited neighborhood to increase the awareness of the effects of stormwater on the quality of Twin Lakes. Task 2c. Conduct neighborhood stewardship workshops. We will conduct three neighborhood workshops to educate homeowners on what they can do to help improve the water quality of Twin Lakes. Activities will include demonstrations of how to deal with stormwater, yard waste, and lawn fertilizer. Task 2d. Identifv and develop demonstration properties in two to three nei- hborhoods. Demonstration properties will include practices such as rain gardens, native landscaping, rain barrels, compost bins, lawn care practices, and phosphorus -free fertilizer applications. Included in the demonstration properties will be yard soil testing for phosphorus content. This will provide neighborhoods with key information about the need for phosphorus in fertilizers. BUDGET Proiect Sponsor Hours In -Kind Requested Labor SCWMC 100 $2,000* $5,880 Hennepin Conservation District 120 $3,600 Patrick Henry High School, Odyssey Charter School 660 $5,280 ** Materials Demonstration Properties (includes rain barrels, gutters, $1,000* $2,700 compost bins, phosphorus -free fertilizer, general supplies) Storm Drain Stenciling (_paint, stencils) $275 Printing for Educational Materials $1,000 Analytical Soil Tests for Phosphorus Content 20 samples $660 TOTALS $8,280 $14,115 * Cash amounts designated by the SCWMC and the City of Brooklyn Center ** In -kind volunteer labor PROPOSED TIMELINE Period Activity Early Spring 2002 1. Develop educational material for land owners 2. Conduct audit and yard soil testing 3. Provide education material to land owners Late Spring 2002 4. Identify landowners willing to be demonstration properties 5. Install identified BMPs for demonstration properties 6. Conduct BMP workshops for landowners Summer 2002 7. Compile audit results 8. Storm drain stenciling in audited neighborhoods Spring 2003 9. Revisit surveyed land owners to identify changes made to stormwater practices 10. Tabulate results of changes in stormwater practices 2 • City Council Agenda Item No. 11 d MEMORANDUM DATE: February 20, 2002 TO: Michael J. McCauley, City Manager � FROM: Todd Howard, City Engineer'' "C SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2002 -04, France Avenue Relocation On February 26, 2001 the City Council authorized a professional service contract with SEH, Inc. for the design of the France Avenue Relocation project. The project was formally established on May 29, 2001. Plans and specifications have now been completed for the France Avenue Relocation project. Council action is needed at this time to approve the plans and specifications and authorize the advertisement for bids. Project schedule is dependent upon the date that the necessary real estate is secured. Project schedule is also dependent upon the date that the Response Action Plan is approved. Well relocation by the owner will be discussed as part of the easement negotiation process. It is recommended that the City Council approve the attached resolution approving the plans and specifications and authorizing advertisement for bids. Detailed plan sheets will be available for Council review Monday evening, or prior to then at any Council Member's request. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECTNO.2002 -04, FRANCE AVENUE RELOCATION WHEREAS, the City Council on February 26, 2001 authorized a professional service contract with SEH, Inc. for the design of the France Avenue Relocation project. WHEREAS, on May 29, 2001, the project was formally established. WHEREAS, City staff under the direction of the City Engineer have prepared said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The plans and specifications for said improvement project are hereby approved and ordered filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Brooklyn Center for 5 percent of the amount of such bid. 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. Ile MEMORANDUM DATE: February 20, 2002 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer `K SUBJECT: Resolution Establishing Parking Restrictions on Old Osseo Road, 53` Avenue, France Avenue, 50 "' Avenue, Azelia Avenue and Lakebreeze Avenue Summary Explanation On May 29, 2001, the City Council formally established the Southwest Area Project, and the France Avenue Relocation Project (Improvement Project Nos. 2002 -01, 02 and 03 and Improvement Project No. 2002 -04). The projects include Municipal State Aid (MSA) streets that utilize State Aid funds for construction provided the streets are designed to Minnesota Department of State Aid Standards. The proposed width of MSA streets is 32 feet that requires parking restrictions on at least one • side of the street in order to meet State Aid standards. It is proposed that parking restrictions on both sides of the roadway be established on the following street segments: STREET From To Old Osseo Road Northport Drive 53` Avenue 53r Avenue Old Osseo Road Northport Dive 50 " Avenue France Avenue Azelia Avenue Azelia Avenue 50 "' Avenue Lakebreeze Avenue Lakebreeze Avenue Azelia Avenue Highway 100 France Avenue Highway 100 City Limits In addition it is proposed that parking be restricted on the south side of 53rd Avenue between France Avenue and Northport Drive and restricted on the west side of France Avenue between 53r Avenue and 50"' Avenue. Council Recommendations Parking Restriction resolutions are required as a condition of release for expenditure of State Aid funds. It is therefore recommended that the City Council approve the attached resolution prohibiting parking on the above - mentioned streets. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON OLD OSSEO ROAD, 53 AVENUE, FRANCE AVENUE, 50"' AVENUE, AZELIA AVENUE, AND LAKEBREEZE AVENUE WHEREAS, the City Council formally established the Southwest Area Improvement Project on May 29, 2001; and WHEREAS, the City formally established the France Avenue Relocation Project on May 29, 2001; and WHEREAS, the City has planned improvement on the following segments of roadway: SEGMENT From To Old Osseo Road Northport Drive 53' Avenue 53r Avenue Old Osseo Road France Avenue France Avenue 53r Avenue 50" Avenue 50"' Avenue France Avenue Azelia Avenue Azelia Avenue 50 " Avenue Lakebreeze Avenue Lakebreeze Avenue Azelia Avenue Highway 100 France Avenue Highway 100 City Limits WHEREAS, the City will be expending Municipal State Funds on the aforementioned segments; and WHERAS, the improvements do not provide for adequate parking width on both sides of the street; and approval of the proposed construction as a future Municipal State Aid Street must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • 1. Upon final completion of said Improvement Project Nos. 2002 - 01,02, 03 and 2002 -04, parking will be prohibited on both sides of streets on segments as follows: RESOLUTION NO. SEGMENT From To Old Osseo Road Northport Drive 53` Avenue 53` Avenue Old Osseo Road Northport Drive 50 ' Avenue France Avenue Azelia Avenue Azelia Avenue 50" Avenue Lakebreeze Avenue Lakebreeze Avenue Azelia Avenue Highway 100 France Avenue Highway 100 City Limits; and 2. Upon final completion of said improvement Project Nos. 2002 - 01,02, 03 and 2002 -04, parking will be prohibited on the south side of 53rd Avenue between France Avenue and Northport Drive and restricted on the west side of France Avenue between 53" Avenue and 50 Avenue. 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. llf MEMORANDUM DATE: February 21, 2002 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Staff Report RE: Adopt -A -Park and Park Watch Programs The City Council established the Adopt- A- Park/Trail /Street program in April 1992. This April we will celebrate the tenth anniversary of this very successful volunteer program by expanding it and by initiating the complementary Park Watch program. Traditionally, the Saturday closest to Earth Day, April 22, has been our annual Adopt -A- Park/Trail /Street kickoff. This year the kickoff will be Saturday, April 20. This year will also be the first year of the Great Shingle Creek Watershed Cleanup, a new program of the Shingle Creek Watershed Management Commission to educate persons within the nine -city watershed that trash or other contaminants in the streets, parks, and shorelines eventually end up in our lakes, rivers and streams. Most of the watershed's member cities have Adopt -A -Park programs or other cleanup activities associated with Earth Day; the Great Shingle Creek Watershed Cleanup coordinates the events, and the Watershed provides advertising and educational materials. The group organizing the event also hopes to coordinate a "photo -op" by having all the participating cities bring their bags of trash to a single location for a picture. We also hope on April 20 to kick off the Park Watch program. Ofc. Gary Coleman, the crime prevention/DARE officer, has been working with Public Works Administrative Aide Joyce Gulseth, who coordinates the Adopt -A -Park program (and who is on the organizing committee for the Great Watershed Cleanup). Ofc. Coleman has tentatively identified Park Watch groups for six of our parks: Riverwood, Northport, Twin Lake, Kylawn, Central West, and Bellvue. The Park and Recreation Commission at its February 12, 2002 meeting recommended starting with these six parks, and adding more as Park Watch volunteers become available. We plan to have the Park Watch signs installed at the six parks by April 20. City Council Agenda Item No. llg i City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Councilmembers asman, Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City Manager DATE: February 20, 2002 SUBJECT: Potential Lack of Quorum On March 11, 2002, the City Council and Economic Development Authority (EDA) will meet with only two members. This item is on the agenda for discussion and direction on how to handle the items that are to be on the agenda for March 11, 2002. The City Council has a resolution regarding the Shingle Creek Tower Project, a Public Hearing on the CDBG Funds, and a Public Hearing on the Ordinance Amending Chapter 35 (relating to the SuperAmerica site). The EDA has a resolution regarding the Shingle Creek Tower Project. • The recommended procedure would be for the City Council to set a special City Council meeting date for either Tuesday, March 12, 2002, or Wednesday, March 13, 2002, depending on when a quorum would be available. Then one or two members would open the meeting on March 11, 2002, and continue the hearings to the dates set for the special meeting at which there would be a quorum. • 6301 Shingle Creek Parkway Recreation and Communitv 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 City Council Agenda Item No. llh OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City Manager ' DATE: February 21, 2002 SUBJECT: Work Session on March 4, 2002 This item is on the agenda for Council discussion of scheduling a Work Session on March 4, 2002, 6:00 p.m. at the West Fire Station. • 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 li