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HomeMy WebLinkAbout2000 05-22 CCP Regular Session AGENDA • CITY COUNCIL STUDY SESSION May 22, 2000 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. Mayor Kragness: designation of day of recognition for out going legislator 3. Mayor Kragness: request to name golf course ponds 4. Council Member Peppe: Brookdale 5. Discussion of meeting with Sharing & Caring Hands 6. Miscellaneous 7. Adjourn • • j[ City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCaule City Manager Date: May 18, 2000 Re: City Council Study Session: May 22, 2000 Item 2. The Earle Brown Days committee has requested that the day of the parade be designated as Phil Carruthers Day. Rep. Carruthers will be the grand marshall of the parade. Item 3. Enclosed is a copy of correspondence sent to Mayor Kragness suggesting the naming of ponds at the golf course. Rep. Carruthers recently re- contacted Mayor Kragness and me regarding his letter of February 3rd. Item 4. Council Member Peppe would like to discuss two issues of public perception/concern regarding Brookdale and the Cub Foods development. II Item 5. I would like to go over the format for the June 5th meeting with the City Council. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • Phil Carruthers Minnesota ill "w, T State Representative District 47B ' �'� House of Brooklyn Center, Brooklyn Park Representatives COMMf TEES: CAPITAL INVESTMENT; TAXES; RULES & LEGISLATIVE ADMINISTRATION; CIVIL LAW POLICY LEGISLATIVE AUDIT COMMISSION • February 3, 2000 Mayor Myrna Kragness City of Brooklyn Center 630 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Myrna: • One of the things I feel Brooklyn Center should actively do is promote and feature some of the notable people in our city's long history who have made important contributions to the area.- The Brooklyn Center Hall of Fame certainly does that but I think we should be thinking about other ways to accomplish this. In this connection, one suggestion I would like to make is to name the ponds that are part of the Shingle Creek Area Water Ponding project (also known as the Brookdale Area Water Ponding project). These ponds, a joint effort of the City and the state, provide an important amenity for our area. Since they are now completed, it would be an opportunity for the city to name them after some prominent people in our city's history. I have some suggestions to make as far as naming the ponds. First would be Mary Jane and Art Gustafson. Mary Jane Gustafson, as you know, was a long -time reporter for the Brooklyn Center Post and a president and key member of the Brooklyn Historical Society. As a writer for the Post, she frequently would write articles about historical events and historical buildings and homes in Brooklyn Center. Her husband, Art, though less well known, was the manager of the Dayton's at Brookdale Mall and an active and involved citizen in our area. Besides that, they were two great and warm people. 111 Another suggestion to name one of the ponds after is Mr. Leonard Lindquist. Leonard is 87 years old and lives in Brooklyn Center at 6934 Willow Lane, Brooklyn Center, 55430 (566- 2031). He has been very involved in Brooklyn Center over the years. He served as 217 State Office Building, 100 Constitution Ave., St. Paul, Minnesota 55155 -1298 (6511296 -3709 6018 Halifax Place, Brooklyn Center, Minnesota 55429 -2440 i (612) 535 -5551 a■ House of Representatives Fax (651) 296 -3918 House of Representatives TTY (651) 296 -9896 • February 3, 2000 Page 2 both the Brooklyn Center Village and City Attorney, was a member of the then -Earle Brown School District Board, served two terms as our area state representative in the legislature (he authored the Hennepin Park District Law) and was a member and chairman of the State Railroad and Warehouse Commission ( the predecessor to the Public Utilities Commission), where he was a leader in fighting the influence of organized crime on these industries. He has been a prominent attorney, was one of the founders of the law firm of Lindquist & Vennum, served for many years as the general counsel for the NFL Players Association and is a well -known labor arbitrator: He has been a strong proponent and advocate of altemative dispute resolution. He currently serves on the North Hennepin Mediation Program Board (Brooklyn Center is one of the participating cities in this program). Thank you for the opportunity to make this suggestion to the City. Best wishes. t •Siiiderely r . • - • ( 1 ( ._<: , Phil Carruthers State Representative, District 47B !A Mike McCauley • • • * *REVISED ** • CITY COUNCIL MEETING City of Brooklyn Center May 22, 2000 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. Council Report • 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes -Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. May 1, 2000 - Board of Equalization 2. May 8, 2000 - Study Session 3. May 8, 2000 - Regular Session b. Licenses c. Resolution Awarding a Contract for Dental Insurance for City Employees d. Resolution Authorizing Execution of an Agreement to Lease Space on Water Tower #2 to U S West Wireless for the Purpose of Installing Wireless Communications Antennas • CITY COUNCIL AGENDA -2- May 22, 2000 41) e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees f. Resolution Authorizing the City Manager to Write -off Uncollectible Accounts Receivable and Returned Checks 7. Public Hearings a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Church and Educational Uses -This item was first read on April 24, 2000; published in the official newspaper on May 3, 2000; and is offered this evening for a second reading and public hearing. •Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 8. Planning Co mmission Items • a. Planning Commission Application No. 2000 -005 submitted by Charles and Vivian Cloutier. Request to uncombine, or resubdivide, two of three underlying lots and a Variance to allow a subdivision of land by metes and bounds description at 5318 62nd Avenue North. The Planning Commission recommended approval of this application at its May 11, 2000, meeting. •Requested Council Action: - Motion to approve Planning Commission Application No. 2000 -005 subject to the conditions recommended by the Planning Commission. b. Planning Commission Application No. 2000 -006 submitted by Erick and Susan Bates. Request for a Special Use Permit for a home occupation involving the use of equipment not customarily found in a residential dwelling at 6413 Noble Avenue North. The Planning Commission recommended approval of this application at its May 11, 2000, meeting. •Requested Council Action: - Motion to approve Planning Commission Application No. 2000 -006 subject to the conditions recommended by the Planning Commission. c. Planning Commission Application No. 2000 -007 submitted by Melvin Raile. Request for a Variance from the minimum district requirements in Section 35 -400 to locate a two - family dwelling on the property at 5411 Bryant Avenue North. The Planning Commission recommended denial of this application at its May 11, 2000, meeting. • Resolution Regarding Disposition of Planning Commission Application No. 2000 -007 CITY COUNCIL AGENDA -3- May 22, 2000 • •Requested Council Action: - Motion to approve Resolution Regarding Disposition of Planning Commission Application No. 2000 -007 d. Planning Commission Application No. 2000 -008 submitted by Clark Engineering Corporation (for Hennepin County). Request to Rezone from R -7 (Multiple Family Residence - Six or More Stories) to C -1A (Service /Office - No Height Limit) a 3.352 acre parcel of land south of and adjacent to the Hennepin County Regional Service Center. The Planning Commission recommended approval of this application at its May 11, 2000, meeting. Resolution Regarding Disposition of Planning Commission Application No. 2000 -008 Submitted by Clark Engineering Corporation on Behalf of Hennepin County. •Requested Council Action: - Motion to approve Resolution Regarding Disposition of Planning Commission Application No. 2000 -008 Submitted by Clark Engineering Corporation on Behalf of Hennepin County • e. Planning - annin Commission Application No. 2000 009 submitted by Clark Engineering g pP Y g g Corporation (for Hennepin County). Request for Preliminary Plat approval to combine two parcels of land into a single parcel to accommodate the expansion of the Hennepin County Regional Service Center. The Planning Commission recommended approval of this application at its May 11, 2000, meeting. •Requested Council Action: - Motion to approve Planning Commission Application No. 2000 -009 subject to the conditions recommended by the Planning Commission. f. Planning Commission Application No. 2000 -010 submitted by Clark Engineering Corporation (for Hennepin County). Request for Site and Building Plan approval for the remodeling and expansion of the Hennepin County Regional Service Center, 6125 Shingle Creek Parkway. The Planning Commission recommended approval of this application at its May 11, 2000, meeting. 'Requested Council Action: - Motion to approve Planning Commission Application No. 2000 -010 subject to the conditions recommended by the Planning Commission. - Motion to waive financial guarantee for project work by Hennepin County. 9. Council Consideration Items a. Staff Report on Human Rights Arts Display • b. Mayoral Appointment to Housing Commission CITY COUNCIL AGENDA -4- May 22, 2000 • •Requested Council Action: - Motion to ratify Mayoral nomination. c. Set Date and Time for Special City Council Meeting •Requested Council Action: - Motion to set Monday, June 5, 2000, 7 p.m., Constitution Hall, Community Center, as special City Council meeting to meet with Sharing and Caring Hands regarding proposed orphanage. d. Resolution Awarding Contracts for City Insurance Policies and the Insurance Agent for 2000 •Requested Council Action: - Motion to approve resolution. e. Resolution Requesting Dissolution of the Minnesota Police Recruitment System •Requested Council Action: - Motion to approve resolution. ID f. Resolution Authorizing the Execution of an Agreement with Hennepin County Regarding Use of the County's Electronic Proprietary Geographical Digitized Data Base •Requested Council Action: - Motion to approve resolution. g. Resolution Calling for a Public Hearing to Consider an Amendment to the City of Brooklyn Center's 2000 Community Development Block Grant Program •Requested Council Action: - Motion to approve resolution. h. Resolution Ordering the Correction of Hazardous Conditions and Further for the Abatement of Public Nuisances, Safety and Health Hazards and Other Ordinance and Statutory Violations with Respect to that Real Estate Located at 5327 Penn Avenue North, Brooklyn Center, Minnesota 55430, Legally Described as Lot 2, Block 1, Queen Addition, according to the recorded plat thereof, Hennepin County, Minnesota •Requested Council Action: - Motion to approve resolution. 10. Adjournment 4111 • City Council Agenda Item No. 6a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA BOARD OF EQUALIZATION MAY 1, 2000 CITY HALL 1. CALL TO ORDER The Brooklyn Center City Council met as the Board of Equalization and was called to order by Mayor Myrna Kragness at 7 p.m. 2. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present were Assistant City Manager Jane Chambers, City Assessor Stephen Baker, Hennepin County Assessor Tom May. Recording the minutes was Karen Casto. • 3. STATEMENT OF BOARD OF EQUALIZATION City Assessor Stephen Baker opened the meeting with information regarding the State requirement to review the assessed valuation and classification of property within the City. This year's review is limited to the 2000 assessment that affects taxes payable in 2001. 4. CITY ASSESSOR'S REPORT Mr. Baker discussed both informal and formal review procedures and informed the Board that the Assessing Department had received 55 calls regarding 2000 assessments. Of the 55 phone calls 10 properties were reviewed and two residents were not satisfied with the assessments. The two residents that were not satisfied with their assessments were present to address the Board. Mr. Baker presented residential sale information from the Realtors MLS System for information from 1994 through and stated that the average January 2000 value of a home in Brooklyn Center was $105,000. • 05/01/99 -1- DRAFT 5. APPEARANCES BY TAXPAYERS WITH APPOINTMENTS Mr. Cuskey, 7024 Humboldt Avenue North, PID 25- 119 -21 -33 -0077, addressed the Board and stated he believes his home assessment was over valued. Mr. Cuskey provided history of his property and stated last year the City assessment was at $86,000 and following an appeal, the County Board further reduced his assessed value to $82,000. Mr. Cuskey said his home was appraised at $110,000 by a private appraiser, and that this appraiser had used outside market influences. Mr. Cuskey did not bring the appraisal with him because he had misplaced it. He brought up the fact that the City compared his home to homes that were in excellent condition whereas his home needs many repairs. Mr. Cuskey believes that the City was a little aggressive in assessing his property. The Board discussed. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to reduce Mr. Cuskey's 2000 assessment to $85,500. Motion passed unanimously. Mr. Cooper, 6632 West River Road, PID 36- 119 -21 -13 -0004, addressed the Board to report that the three houses that were used as comparables by the City were not in Brooklyn Center. Mr. Cooper stated his house views the new movie theater currently being built and that there was considerable street noise because of the traffic from Highway 694 and Highway 252. Mr. Cooper informed the Board that his home was built in 1940 and was compared to homes that were built in the 1990's. Councilmember Hilstrom asked Mr. Cooper what he thought would be fair. Mr. Cooper replied a • $15,000 increase. The Board discussed. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to modify Mr. Cooper's 2000 assessment to $250,000. Motion passed unanimously. 6. APPEARANCES BY TAXPAYERS WITHOUT APPOINTMENT Mr. Decker, 5412 Morgan Avenue, PID 02- 118 -21 -43 -0085, addressed to the Board and presented his 1998 to 2000 property values. Mr. Decker asked about This Old House. Mr. Baker explained the exclusion applies to improvements made to homestead property. After some discussion Mayor Kragness asked Mr. Decker what he would like the Board to do and if he would like his home reviewed. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to have staff review Mr. Decker's property and to adjust Mr. Decker's assessed value as recommended by the City Assessor. Motion passed unanimously. 05/01/99 -2- DRAFT • 7. CONSIDERATION OF WRITTEN APPEALS There was no action needed for written appeals. 8. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Nelson to adjourn the meeting at 8:50 p.m. Motion passed unanimously. City Clerk Mayor 111 • 05/01/99 -3- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 8, 2000 CONFERENCE ROOM B CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in study session and was called to order by Mayor Pro Tem Debra Hilstrom at 6:00 p.m. ROLL CALL Mayor Pro Tem Debra Hilstrom, Councilmembers Kay Lasman, Ed Nelson, and Robert Peppe. Mayor Myrna Kragness was absent and excused. Also present: City Manager Michael J. McCauley, Community Development Director Brad Hoffman, and Recording Secretary Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Nelson questioned how to abstain from a motion on consent agenda item 6d, • Resolution Authorizing Execution of an Agreement to Lease Space on Water Tower #1 to AirTouch Inc. for the Purpose of Installing Wireless Communications Antennas, since his son works for AirTouch Inc. Mayor Pro Tem Hilstrom responded that it would be best if Councilmember Nelson requested the item be removed from the consent agenda and placed on council consideration. Council discussed several other agenda items including planning commission agenda item 7a, Planning Commission Application No. 2000 -004 Submitted by Total Gas Station, and council consideration item 8b, Resolution Urging Simplification and Fairness in the Application of Sales and Use Taxes. DISCUSSION OF MEETING REQUEST FROM SHARING AND CARING HANDS City Manager Michael McCauley discussed that Dick Copeland contacted the Mayor and requested a meeting with the City Council to discuss Sharing and Caring Hands. Mr. McCauley asked the Council the direction they would like to proceed and what dates would be feasible. 05/08/00 -1- DRAFT i It was the consensus of the Council to have Mr. McCauley pursue the possibility of scheduling a public meeting at Constitution Hall sometime in June or July. Mayor Pro Tem Hilstrom requested that the School District be made aware of any meetings scheduled. LEAGUE OF MINNESOTA CITIES AWARD APPLICATION: AFTER SCHOOL ENRICHMENT PROGRAM Mr. McCauley discussed the After School Enrichment Program and provided a copy of the application for a League of Minnesota Citie's award submitted for Council to review. LEAGUE OF MINNESOTA CITIES BOARD OF DIRECTORS Mr. McCauley informed the Council that he was interested in applying for the Board of Directors position with the League of Minnesota Cities and wanted to know if that would be acceptable to the Council. It was the consensus of the Council for Mr. McCauley to proceed with applying for the position. MISCELLANEOUS Council discussed Brookdale, unwanted persons lingering in the Cub Foods parking lot, DARE Graduations, and Shingle Creek Towers. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the study session at 6:45 p.m. City Clerk Mayor 05/08/00 -2- DRAFT • S MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 8, 2000 CITY HALL 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 Pro Tem Debra Hilstrom, Councilmembers Kay Lasman, Ed Nelson, and Robert Peppe. Mayor Myrna Kragness was absent and excused. Also present: City Manager Michael McCauley, Community Development Director Brad Hoffman, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. No one appeared at the informal open forum. • ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn informal open forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION Father Martin Stillmach, St. Alphonsus Church, offered the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Pro Tem Debra Hilstrom at 7:02 p.m. 05/08/00 -1- DRAFT • 4. ROLL CALL Mayor Pro Tem Debra Hilstrom, Councilmembers Kay Lasman, Ed Nelson, and Robert Peppe. Mayor Myrna Kragness was absent and excused. Also present: City Manager Michael McCauley, Community Development Director Brad Hoffman, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Nelson reported that he attended the April 28, 2000, ground breaking ceremony for Highway 100. Councilmember Lasman reported that she, along with Mayor Kragness, attended the DARE Graduation ceremony on May 2, 2000. Mayor Pro Tem Hilstrom reported that she attended the DARE Graduation ceremonies on May 3 and 4, 2000. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Nelson requested to have consent agenda item 6d, Resolution Authorizing Execution of an Agreement to Lease Space on Water Tower #1 to AirTouch Inc. for the Purpose of Installing Wireless Communications Antennas, removed and placed as council consideration item 8h. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes from the April 24, 2000, study session and regular session. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. 05/08/00 -2- DRAFT • • MECHANICAL Louis Degidio Services 6501 Cedar Avenue South, Minneapolis Quality Refrigeration 6237 Penn Avenue South, Richfield MOTOR VEHICLE DEALERSHIP Brookdale Metro Mitsubishi 7235 Brooklyn Boulevard RENTAL Renewal: 7037 Unity Avenue North Dennis Hargett 3513 47th Avenue North Norene Miller The Pines of Brooklyn Center Jon R. Veard 6c. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION TO USE THE DELEGATED CONTRACT PROCESS ON FEDERAL AID PROJECTS RESOLUTION NO. 2000-83 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MINNESOTA 41) DEPARTMENT OF TRANSPORTATION TO USE THE DELEGATED CONTRACT PROCESS ON FEDERAL AID PROJECTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6d. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE ON WATER TOWER #1 TO AIRTOUCH INC. FOR THE PURPOSE OF INSTALLING WIRELESS COMMUNICATIONS ANTENNAS This item was removed and placed on council consideration as item 8h. 6e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2000-84 Councilmember Nelson introduced the following resolution and moved its adoption: 05/08/00 -3- DRAFT • RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6f. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BROOKLYN UNITED METHODIST CHURCH REGARDING CERTAIN ZONING ISSUES RESOLUTION NO. 2000-85 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BROOKLYN UNITED METHODIST CHURCH REGARDING CERTAIN ZONING ISSUES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6g. RESOLUTION DECLARING SURPLUS PROPERTY AUTHORIZED FOR PUBLIC SALE AT CITY AUCTION • RESOLUTION NO. 2000-86 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY AUTHORIZED FOR PUBLIC SALE AT CITY AUCTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6h. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING COMPREHENSIVE PLANNING A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve first reading of ordinance and set second reading and public hearing for June 12, 2000. Motion passed unanimously. 05/08/00 -4- DRAFT 111 . 7. PLANNING COMMISSION ITEM 7a. PLANNING COMMISSION APPLICATION NO. 2000-04 SUBMITTED BY TOTAL GAS STATION. REQUEST FOR A SPECIAL USE PERMIT TO RENT TRUCKS AT THE TOTAL GAS STATION, 6830 BROOKLYN BOULEVARD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS APRIL 27, 2000, MEETING. Planning and Zoning Specialist Ron Warren outlined the application submitted by Total Gas Station, 6830 Brooklyn Boulevard, for a special use permit to rent trucks at the Total Gas Station. This application was reviewed by the Planning Commission at its April 27, 2000, meeting and recommended approval subject to the following conditions: 1. The special use permit is granted for a truck rental operation involving no more than three mid -sized trucks at the gasoline service station/convenience food store at 6830 Brooklyn Boulevard. No other uses, other than those approved in conjunction with this and previous special use permits are comprehended by this approval. 2. The special use permit is subject to all applicable codes, ordinances, and regulations and any violations thereof shall be grounds for revocation. No banners, pennants, streamers, balloons or other attention attracting devices may ii, be used in conjunction with the storage and display of these vehicles on the site other than what is authorized under administrative permits comprehended under the City's zoning ordinance. 4. This special use permit approval does not comprehend any additional signery other than that allowed under Chapter 34 of the City ordinances. 5. The parking of rental trucks shall be confined to the rear of the building in the location designated on the submitted plan. 6. The Total signs on the canopy, which were erected without a permit, shall be removed prior to the issuance of the special use permit for the truck rental and leasing operation. 7. The trash container located on the site shall be completely screened from view using appropriate opaque materials prior to the issuance of the special use permit for the truck rental and leasing operation. 05/08/00 -5- DRAFT • A motion by Councilmember Peppe, seconded by Councilmember Lasman to approve Planning • Commission Application No. 2000 -04 subject to the above listed conditions. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 22 THROUGH JUNE 24, 2000 Mr. McCauley discussed the City is required annually, for permit purposes, to declare Earle Brown Days as a civic event and that this resolution would declare June 22 through June 24, 2000, as Earle Brown Days. Mr. McCauley noted that Earle Brown Days will be held Thursday through Saturday this year with no events held on Sunday. Councilmember Nelson informed the audience that Saturday, June 24, 2000, will be a great day to share in the activities With a craft show during the day and fireworks at night. RESOLUTION NO. 2000-87 Councilmember Lasman introduced the following resolution and moved its adoption: 411 RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 22 THROUGH JUNE 24, 2000 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8b. RESOLUTION URGING SIMPLIFICATION AND FAIRNESS IN THE APPLICATION OF SALES AND USE TAXES Mr. McCauley discussed that the Mayor had received a request from the U.S. Conference of Mayors Association to pass a resolution that would support the simplification of State and local sales and use taxes, and urges states to move expeditiously to develop and approve model simplification Legislation that allows State and local sales and use taxes to be applied equitably to traditional retail and remote sales. RESOLUTION NO. 2000-88 Councilmember Lasman introduced the following resolution and moved its adoption: 05/08/00 -6- DRAFT • i t • RESOLUTION URGING SIMPLIFICATION AND FAIRNESS IN THE APPLICATION OF SALES AND USE TAXES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. unanimous) pp P Y 8c. PROCLAMATION DECLARING MAY 11, 2000, TO BE EQUAL PAY DAY Mr. McCauley discussed that Mayor Kragness had received a request for the City of Brooklyn Center to proclaim May 11, 2000, to be Equal Pay Day and urge citizens of the community and the leaders of our businesses and government to recognize the full value of women's skills and significant contributions to the labor force and working families. A motion by Councilmember Lasman, seconded by Councilmember Nelson to proclaim May 11, 2000, to be Equal Pay Day. Motion passed unanimously. 8d. SALE OF LIQUOR STORE SURPLUS EQUIPMENT Mr. McCauley requested approval from the Council to place an ad in the League of Minnesota Cities Bulletin to sell surplus shelving and cooler equipment that will be left after the liquor stores have closed. • Councilmember Peppe asked when the liquor stores would be closing. Mr. McCauley informed the Council that the Humboldt liquor store will be closing in June and the Brooklyn Boulevard liquor store will close in August. A motion by Councilmember Peppe, seconded by Councilmember Nelson to authorize staff to place an ad in the League of Minnesota Cities bulletin. Motion passed unanimously. 8e. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR THE EXPANSION OF THE EARLE BROWN HERITAGE CENTER Mr. McCauley discussed this resolution would accept work performed and authorize final payments for most of the contracts for the expansion of the Earle Brown Heritage Center. Community Development Director Brad Hoffman outlined the project. Mr. Hoffman discussed the work performed and the outcome of the project. 05/08/00 -7- DRAFT 0 RESOLUTION NO. 2000-89 • Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR THE EXPANSION OF THE EARLE BROWN HERITAGE CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8f. RESOLUTION DECLARING MAY 15 AS PEACE OFFICERS MEMORIAL DAY AND THE WEEK OF MAY 14 -20, 2000, AS POLICE WEEK Mr. McCauley discussed this resolution would declare May 15, 2000, as Peace Officers Memorial Day and the week of May 14 through 20, 2000, as Police Week. RESOLUTION NO, 2000 -90 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING MAY 15 AS PEACE OFFICERS MEMORIAL DAY AND THE WEEK OF MAY 14 -20, 2000, AS POLICE WEEK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously 8g. PROCLAMATION DECLARING MAY 21 -27, 2000, PUBLIC WORKS WEEK IN BROOKLYN CENTER Mr. McCauley discussed this proclamation would recognize the valuable contributions of those people who design, construct, and maintain the City's public infrastructure. A motion by Councilmember Peppe, seconded by Councilmember Nelson to declare May 21 through 27, 2000, as Public Works Week in Brooklyn Center. Motion passed unanimously. 8h. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE ON WATER TOWER #1 TO AIRTOUCH INC. FOR THE PURPOSE OF INSTALLING WIRELESS COMMUNICATIONS ANTENNAS This item was removed from the consent agenda and placed as council consideration item 8h per the request of Councilmember Nelson. 05/08/00 -8- DRAFT Councilmember Nelson stated that he would like to abstain from this motion since his son works for AirTouch Inc. RESOLUTION NO. 2000 -91 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE ON WATER TOWER #1 TO AIRTOUCH INC. FOR THE PURPOSE OF INSTALLING WIRELESS COMMUNICATIONS ANTENNAS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Councilmember Nelson abstained. Motion passed. 9. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the meeting at 7:33 p.m. Motion passed unanimously. • City Clerk Mayor or y 05/08/00 -9- DRAFT • City Council Agenda Item No. 6b S • MEMORANDUM TO: Michael J. McCauley, City Manage FROM: Sharon Knutson, City Clerk ®IJY_ DATE: May 17, 2000 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 May 22, 2000: MECHANICAL Centrair, Inc. 7402 Washington Ave So Dependable Indoor Air 2619 Coon Rapids Blvd Flare Heating and A/C 9303 Plymouth Ave N #104 Minnesota Heating and Air 10701 93rd Ave N • Silvernail Ent Ltd 3645 Perry Ave N RENTAL Renewal: Earle Brown Farm Apartments Earle Brown Farm Apartments Georgetown Park Townhomes James E. Wiensch 1200 67th Ave N Tom Morrow 1600 69th Ave N Roland Scherber 7018 Brooklyn Blvd Thomas Schaff 7212 Newton Ave N Roland Scherber • 5400 -02 Russell Ave N Bruce and Karen Vanderschaaf SIGNHANGER Minnesota Sign Company 791 S. Garfield Str • L • City Council Agenda Item No. 6c • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: May 16, 2000 SUBJECT: Resolution Awarding A Contract for Dental Insurance For City Employees Attached is a resolution which will authorize awarding a contract to continue to purchase employee dental insurance from HealthPartners, Inc. The City has received this insurance from HealthPartners, Inc. since July 1, 1996. The premiums qualify to be paid from the $395 per month the City makes available to employees through the cafeteria benefits plan. The Health Partners plan for the year July 1, 2000 through June 30, 2001 has monthly premiums of $24.71 for a single person and $66.23 for family coverage. This represents • a 18% increase over the premiums for the expiring contract. HealthPartners, Inc. justifies this on the basis that benefits paid out during the past year have run substantially higher than the premiums collected. Any insurance company needs to collect premiums equal to the benefits paid out plus administration costs and profit. The City's insurance agent contacted fifteen insurance providers and received the quotes shown on the attached page. The goal was the procure coverage with at least equal benefits to the current plan, with lowest premiums possible. HealthPartners, Inc. provided the best offer received. The Delta Dental insurance plan has lower premiums, but also provides somewhat lower benefits. It is our intention to discuss this alternative with the employee unions and representatives this fall for a possible switch to Delta Dental on January 1, 2001. • • Brooklyn Center Dental Proposals Single Family HealthPartners 24.71 66.23 Year 2000 renew Delta $25 Ded 20.80 44.15 / 62.80 3 Tier Rates Delta $50 Ded 19.85 42.40 / 60.40 3 Tier Rates Canada Life 26.00 82.00 Mutual of Omaha 28.30 72.13 Declined to offer LMC 29.00 80.00 Reliance Standard 29.48 83.00 Ameritis 29.96 85.96 Guardian 31.00 79.00 Declined to offer Guarantee Life 34.34 92.06 Declined to offer Fortis Declined due to uncompetitive rates W Met Life Declined due to uncompetitive rates Prudential Declined, Sold Dental Business Standard Declined due to uncompetitive rates American Medical Leaving the State of MN • • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AWARDING A CONTRACT FOR DENTAL INSURANCE FOR CITY EMPLOYEES WHEREAS, the City has provided dental insurance for City employees for the last four years through a policy with HealthPartners, Inc.; and WHEREAS, ' REAS, the Director of Finance and the City's Insurance Agent have surveyed the market and found no other policy providing the same coverage at a lower cost to the City employees; and WHEREAS, HealthPartners, Inc. has submitted a proposal to c s ed continue the dental insurance coverage for another year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to accept the negotiated insurance contract with Health Partners effective July 1, 2000 as stated. S 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. 110 City Council Agenda Item No. 6d • MEMORANDUM DATE: May 17, 2000 TO: Michael McCauley, City Manager T OE FROM: Michael Krech, Public Works Specialist SUBJECT: Resolution Authorizing Execution of an Agreement to Lease Space on Water Tower #2 to U S West Wireless for the Purpose of Installing Wireless Communications Antennas U S West Wireless has submitted an application to the City to place wireless antennas on water tower number two (Dupont and 69th). The application was submitted along with the required $2,000 application fee. City staff,U S West Wireless, KLM Inc. (the City's water tower consultant), and the City Attorney have developed a site lease agreement similar to the previous site lease agreements with Sprint and Nextel. City staff is currently finalizing review of U S West's construction plans. U S West Wireless will not be issued a building permit until a Site Lease agreement is executed, staff approves the construction plans,U S West Wireless submits a $3,000 inspection escrow fund and U S West Wireless or their contractor submits a restoration bond to cover construction activities. I recommend the City of Brooklyn Center authorize execution of a Site Lease agreement with U S West Wireless for the purpose of installing and maintaining wireless communication antennas on water tower number two. • 1111 adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE ON WATER TOWER #2 TO U S WEST WIRELESS FOR THE PURPOSE OF INSTALLING WIRELESS COMMUNICATIONS ANTENNAS WHEREAS,U S West Wireless, has submitted to the City a request to lease space on City water tower number two and a portion of the city-owned parcel of land on which the tower is located, along with the required $2,000 application fee; and WHEREAS, as compensation for the use of City facilities,U S West Wireless agrees to pay annual lease payment of $16,785.56 for the first year, prorated for the first year then annually increased by the greater of 5 percent or the CPI, for twenty years, represented by one five year lease period with three five year renewals; and WHEREAS,U S West Wireless, the City Attorney, KLM Inc. (the City's water tower consultant), and staff have negotiated a lease agreement which is consistent with the City's Policy Regarding Wireless Telecommunications Facilities. S NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The lease agreement between U S West Wireless and the City of Brooklyn Center for the siting of personal wireless communications facilities at water tower number two is hereby approved. The Mayor and City Manager are hereby authorized to execute said lease agreement. 2. All lease payments collected from said lease shall be deposited into the Water Utility Fund. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City of roo n Center Site Lease Agreement with r { US West for Water Tower #2 z au 00O O O O OOO • For Personal Communications Systems, Cellular or Page Antenna Locations • TABLE OF CONTENTS • 1. Leased Premises 2. Rent (a) Amount, Adjustments (b) Time of Payment, Taxes 3. Governmental Approval Contingency (a) Tenant Application (b) Interference Study (c) Non - approval 4. Term and Renewals 5. Tenant's Use. (a) User Priority (b) Purposes (c) Construction (d)Operation (e)Maintenance, Improvement Expenses (f)Replacements (g)Drawings (h)No Interference (i)Access (j)Payment of Utilities 6. Emergency Facilities . • 7. Additional maintenance Expenses 8. Defense and Indemnification (a) General (b) Hazardous Materials (c) Tenant's Warranty 9. Insurance (a) Workers' Compensation (b)General Liability . (c)Automobile Liability (d)Tenant Property Insurance (e)Hazardous Materials Coverage (f)Adjustment to Insurance Coverage Limits (g)Additional Insured - Certificate of Insurance 10. Damage or Destruction 11. Lease Termination (a) Events of Termination (b) Notice of Termination (c)Tenant's Liability for Early Termination (d)Site Restoration 12. Limitation of Landlord's Liability 13. Temporary Interruptions of Service • 14. Tenant Interference (a) With Structure (b) With Higher Priority Users (c) Interference Study - New Occupants 1111 (d) Interference - New Occupants 15. Assignment 16. Condemnation 17. Disputes 18. Enforcement and Attorneys' Fees 19. Notices 20. Authority 21. Binding Effect 22. Complete Lease; Amendments 23. Governing Law 24. Severability 25. Memorandum 26. Waiver of Landlord's Lien 27. Warranty of Title and Quiet Enjoyment 28. Acknowledgement of Prior Lease • • SITE LEASE AGREEMENT • THIS SITE LEASE AGREEMENT ( "Lease "), made this — day of 1999 between City of Brooklyn Center, a Minnesota Municipal Corporation ( "Landlord "), and U S WEST Wireless, L.L.C., a Delaware limited liability company ( "Tenant "). For good and valuable consideration, the parties agree as follows: 1. Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's property ( "Property "), located at 6900 Dupont Avenue North, City of Brooklyn Center, County of Hennepin, State of Minnesota, legally described in Exhibit A attached hereto, subject to any and all existing easements, and a portion of Water Tower #2 or other structures ( "Structure ") , as more particularly shown in Exhibit B attached hereto, on which directional antennas, connecting cables and appurtenances will be attached and located, the exact location of each to be reasonably approved by Landlord's City Engineer, together with appurtenant easements and access rights ( "Leased Premises "). 2. Rent. (a) Amount, Adjustments. As consideration for this Lease, Tenant shall pay Landlord an annual rent in the amount of fifteen thousand nine hundred eighty six dollars and twenty five cents ($16,785.56) for the initial year, which shall be increased each year on January 1, by the greater of: (a) five percent (5 %) of the previous year's annualized rental, or by an amount equal to the increase in the Consumer Price Index ( "CPI "). The CPI shall mean the "Consumer Price Index" for All Urban Consumers, All Cities, All Items (1967 = 100) as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. To determine the annual rental increase to be paid by Tenant under a CPI adjuster, the annualized rental for the previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage fixture shall be multiplied by the previous year's rent (annualized for the first year). (b) Time of Payment Taxes. Landlord shall communicate all rental increases to the Tenant in writing by the preceding December 1 of each year. The annual rental shall be paid before January 1 of each year. For the first year, the rental shall be pro rated through December 31 and shall be paid to Landlord in full at the time Lease is executed. If the Tenant does not meet the requirements referenced in Subparagraph 3(a) below within thirty (30) days of final execution of this Lease, Landlord shall refund the Tenant rental payment made at the time of Lease execution and this Lease shall terminate. Landlord agrees to notify Tenant of any taxes or other charges imposed upon the property by a governmental agency. In addition to the • annual rental, Tenant agrees to timely pay its pro rata share of any taxes or other charges March, 2000 Page 1 City of Brooklyn Center Lease Agreement imposed upon the property by a governmental agency required as a result of this Lease and all other payments required herein. 3. Governmental Approval Contingency. (a) Tenant Application. Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. This shall include the engineering studies specified in Subparagraph 3(b) below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals. (b) Engineering Studies. Before obtaining a building permit, Tenant must submit a study or studies that shall address, but not be limited to the following: (i) a radio frequency interference study carried out by an independent and qualified professional approved by the Landlord showing that Tenant's intended use will not interfere with any existing communications facilities and (ii) an engineering study showing that the presence of the Tenant's Facilities, as defined in Subparagraph 5 (b), will not prejudice the use of the Structure, inhibit the Landlord's operation and maintenance of the facility and its appurtenances, inhibit access, nor damage the Structure, its coatings, or its appurtenant facilities. If Landlord concludes after review of the study that there is a potential for interference that cannot be reasonably remedied, or for prejudice to the Structure or its use, Landlord may terminate this Lease immediately and refund the initial rental to Tenant. (c) Non - approval. In the event that any application necessary under Subparagraph 3(a) above is finally rejected or any certificate, permit, license, or approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant will be unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed pro rata based on the effective date of the termination, for the annual rental payment if made pursuant to Subparagraph 2(b) above. i Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt, and receipt by the Landlord of the performance bond, irrevocable letter of credit, or other security required by 11 . U on such tY q Yd () p termination, this Lease shall become null and void and the parties shall have no further obligations to each other except for obligations for payments of money incurred prior to the effective date of termination and except for any other obligations which, by the terms of this lease, are to survive termination. 4. Term and Renewals. The "Initial Term" of this lease shall commence on the date in the first paragraph of this Lease ( "Effective Date ",) and end on December 31 of the fifth calendar year of the Lease including any first partial year. Subject to the terms and conditions of this Lease, Tenant shall have the right to extend this Lease for three (3) additional five (5) year renewal periods ( "Renewal • Term ") commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. March, 2000 Page 1 City of Brooklyn Center Lease Agreement This Lease shall be automatically renewed for each successive Renewal Term unless Tenant sends written notice of non - renewal to Landlord no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice provided in accordance with Paragraph 19 of this Lease. 5. Tenant's Use. (a) User Priority. Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: 1. Landlord; 2. Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the Landlord; 3. Other governmental agencies where use is not related to public safety; and 4. Tenant and other Government - regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters. (b) Purposes. Tenant shall use the Leased Premises only for the purpose of installing, maintaining, and operating a communications antenna facility, equipment, cabinets and an • accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. Tenant's use of the Leased Premises shall at all times be in compliance with those construction drawings attached hereto as Exhibit B, the approval of which is hereby acknowledged. Tenant's use of the Structure shall be non - exclusive, and Landlord specifically reserves the right to allow the Structure to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Property. Tenant's communication antenna facility shall consist of antennas centered at 142.5 fAGL, along with cables and appurtenances connected to an accessory building or cabinet located on the Leased Premises ( "Tenant Facilities "). As used in this agreement, the terms "accessory building" or "building" shall mean the fenced in compound and cabinets as shown in the drawings attached as Exhibit B. Landlord and Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. (c) Construction. Tenant may erect and operate an antenna array with up to twelve (12) antennas in accordance with its approved construction drawings attached as Exhibit B and those construction drawings attached as Exhibit B. Tenant may not increase the number of antennas beyond twelve (12) without first securing the approval of Landlord by written amendment to this Lease. (d) Operation. Tenant shall have the right, at its sole cost and expense, to operate and • maintain the Tenant Facilities on the Leased Premises in accordance with good engineering practices and with all applicable local, state, and federal laws, rules and regulations. Any damage done to the Leased Premises or other Landlord property including the Structure March, 2000 Page 2 City of Brooklyn Center Lease Agreement during installation or during operations, shall be repaired at Tenant's expense, said repairs to • be undertaken immediately in the event the damage endangers the safe operation of the water tower, or within thirty (30) days in the event the damage does not endanger the safe operation of the water tower. If the Tenant fails to undertake or complete these repairs, the Landlord may repair the damage and charge the Tenant for all costs associated with the repair. The Tenant Facilities shall remain the exclusive property of the Tenant. (e) Maintenance, Improvement Expenses. All modifications to the Leased Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including antenna, facilities and equipment, shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to the Leased Premises, and kept secured by Tenant. If Tenant's Facilities are mounted on the Structure they shall, at all times, be painted, at Tenant's expense, the same color as the Structure. The Tenant agrees to clean and/or repair any damage to the Tenant's Facilities due to vandalism within three (3) days of notification of such damage. Furthermore, the Tenant agrees to pay all costs associated with said repair. If repair is not commenced within three (3) days notification, the Landlord may repair the damage and charge the Tenant for all costs associated with the repair. (f) Replacements. Before the Tenant may update, modify, or replace the Tenant Facilities other than as provided for in the construction drawings attached as Exhibit B, Tenant shall request the approval of the Landlord and provide detailed plans and specifications to • Landlord. Tenant shall submit to Landlord such detailed plans and specifications for any such replacement facilities together with any other information reasonably requested by Landlord regarding such update, modification, or replacement; including but not limited to a technical study, carried out at Tenant's expense. Landlord may not unreasonably withhold approval. (g) Drawings. Tenant shall provide Landlord with as -built drawings of the equipment and improvements installed on the Leased Premises, which show the actual location of all Tenant Facilities. Tenant shall not be required to list the equipment located within Tenant's building with the exception of any item which may be considered Hazardous Material as defined in paragraph 8(b) of this Lease. (h) No Interference. Tenant shall, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure and shall not interfere with the working use of the water storage facilities thereon or to be placed thereon by Landlord. (i) Access. Tenant, at all times during this Lease, shall have access to the Leased Premises in order to install, operate, and maintain its Tenant Facilities. Tenant shall notify Landlord of its intent to gain access to the Structure at least twenty -four (24) hours in advance, except in an emergency. Such access shall be coordinated with Landlord so as not to interfere with Landlord's maintenance or other activities. March, 2000 Page 3 City of Brooklyn Center Lease Agreement • (j) Payment of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith. 6. Emergency Facilities. In the event of a natural or man made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Tenant Facilities and install additional equipment on a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days in any calendar year unless Tenant obtains written approval from the Landlord. 7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Structure, that are caused by Tenant's occupancy of the Leased Premises. Tenant acknowledges the need for periodic maintenance of the Structure, including repair of the Structure and its coatings. Landlord agrees to provide sixty (60) days notice of commencement of maintenance activities. Tenant is responsible for any cost associated with the protection of the Tenant Facilities during these periodic or non - emergency maintenance activities. Tenant further agrees that the Landlord is not responsible for transmission lines during routine maintenance. Tenant may, at their own expense, test said lines before and after maintenance. 8. Defense and Indemnification. (a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease arising from Tenant's installation, maintenance, and operation of its Tenant Facilities or Tenants use of the Leased Premises, except those which arise solely from the negligence, willful misconduct, or other fault of Landlord or other user of the property. Tenant shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenant Facilities, equipment and related facilities on the Leased Premises. Landlord agrees to defend, indemnify and hold Tenant harmless from any and all costs (including reasonable attorney's fees) and claims of liability or loss which arise out of Landlord's use of the Leased Premises, except those which arise from the negligence, willful misconduct, or other fault of Tenant. Landlord shall not be obligated to indemnify Tenant in any amount in excess of the limitations of liability set forth in Minnesota Statutes, Chapter 466, less any amounts which Landlord is obligated to pay by reason of the liability of the Landlord, its officers, employees, and agents arising out of the same act or occurrence. (b) Hazardous Materials. Without limiting the scope of Subparagraph 8 (a) above, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and • employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises resulting from the Tenant's use of Hazardous Materials. For purposes of March, 2000 Page 4 City of Brooklyn Center Lease Agreement this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, • • without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. Landlord represents that (1) that neither Landlord nor, to Landlord's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Property in violation of any law or regulation, and (2) that Landlord will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Property in violation of any law or regulation. (c) Tenant's Warranty. Tenant represents and warrants that its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous Materials in violation of any law or regulation governing the use, transport, or storage of Hazardous Materials. Tenant agrees to notify the Landlord in writing within 48 hours of the existence of Hazardous Materials on the Leased Premises. The obligation of this Paragraph 8 shall survive the expiration or other termination of this Lease. 9. Insurance (a) Workers Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability • coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. (b) General Liability. The Tenant must maintain an occurrence form comprehensive general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage -- broad form, and personal injury, for the hazards of Premises /Operation, broad form contractual, independent contractors, and products /completed operations. The Tenant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $1,000,000 each occurrence; $1,000,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. Tenant will maintain Completed Operations coverage for a minimum of two years after the construction is completed. (c) Automobile Liability. The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $1,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage afforded by the Umbrella Excess Policy are no less than the underlying March, 2000 Page 5 City of Brooklyn Center Lease Agreement Commercial Auto Liability coverage. • Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use, g p Y Jm'Y p rtY g p, maintenance or operation of all owned, non -owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverages. (d) Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to Tenant Facilities at the Leased Premises. The amount of coverage shall,be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. (e) Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company authorized to do business in the state of Minnesota, such insurance company to be reasonably acceptable to Landlord, which includes all coverages required in this paragraph 9. Tenant will name the Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not be canceled, non - renewed, or materially changed without thirty (30) days prior written notice to the Landlord. • (f) Waiver of Claims; Subrogation. Each of Landlord and Tenant hereby releases the other from any and all liability or responsibility to the other or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage that may occur to the Leased Premises or any improvements thereto, or the Structure or any improvements thereto, or any property of such party therein, by reason of fire or any other cause which could be insured against under the terms of standard fire and extended coverage (all -risk) insurance policies, regardless of cause or origin, including fault or negligence of the other party hereto, or anyone for whom such party may be responsible. Each party shall cause each insurance policy obtained by it to provide that the insurer waives all rights of recovery by way of subrogation against either party hereto in connection with damage covered by such policy. The releases in this section will be effective whether or not the loss was actually covered by insurance. Tenant assumes all risk of loss or damage of Tenant's property or leasehold improvements within the Leased Premises, including any loss or damage caused by water leakage, fire, windstorm, explosion, theft, act of any tenant, or other cause. Landlord will not be liable to Tenant, or its employees, for loss of or damage to any property in or at the Leased Premises or the Structure. (g) Adjustment to Insurance Coverage Limits. The coverage limits set forth herein shall be increased at the time of any Renewal Term, so that the then value of the coverage taking into account inflation is at least equal to the value of the coverage existing on the date hereof. • 10. Damage or Destruction. If the Leased Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as, in Tenant's judgment, to hinder its effective March, 2000 Page 6 City of Brooklyn Center Lease Agreement use of the Tenant Facilities, Tenant may elect to terminate this Lease upon 30 days, written • notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to a pro rata reimbursement of prepaid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. 11. Lease Termination. (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated by either party upon sixty(60) days written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); unless such default may not reasonably be cured within a sixty (60) day period in which case, this Lease may not be terminated if the defaulting party commences action to cure the default within such sixty (60) day period and proceeds with due diligence to fully cure the default, however, such period shall not, in any event, extend beyond one hundred twenty (120) days of receipt of written notice of default. (ii) by Tenant if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Tenant • Facilities or Tenant's business; (iii) by Tenant for cause immediately upon notice to Landlord if the Leased Premises is or becomes unacceptable for technology reasons, including, without limitation, unacceptable RF plan, shadowing, or interference, under the Tenant Facilities, design or engineering specifications or the systems to which the Tenant Facilities belong; (iv) by Landlord, upon one (1) year's written notice to Tenant, if its Council decides, for any reason, to redevelop the Leased Premises in a manner inconsistent with the continued use of the Leased Premises by Tenant and/or discontinue use of the Structure for all purposes; (v) by Landlord if it determines that the Structure is structurally unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all $ 9 g or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; (vi) by Landlord if it determines that a potential user with a higher priority under Subparagraph 4(a) above cannot find another adequate location or the Landlord determines, after engineering studies, that the Tenant Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such • interference was predicted in the initial interference study that was part of the application process, provided that the Landlord shall not at any time over the balance of the then existing Term and all unexpired Renewal Terms, lease the Leased March, 2000 Page 7 City of Brooklyn Center Lease Agreement Premises to another party with equal or lessor priority for the same use as that of the Tenant, unless such other party would not cause or contribute to the type of interference giving rise to the Tenant Facilities' interference with a higher priority. (b) Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt, except notice of Tenants intention to terminate this lease shall be effective upon Landlords receipt of such notice and the cash deposit, performance bond, or irrevocable letter of credit as set forth in section 11 (d) hereof. All rentals paid for the Lease prior to said termination date shall be retained by Landlord unless such termination is due to breach by Landlord except as stated in this agreement. (c) Tenant's Liability for Early Termination. If Tenant terminates this Lease for any other reason other than as expressly provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 150% of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 3 and Tenant has paid the annual rental for that year. (d) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shall immediately cease operation and use of the Antennas for communication purposes and shall have 60 days from the termination or expiration date to remove its Tenant Facilities, and related equipment from the Leased Premises, repair the site and restore the surface of the Structure. Upon notice of termination, Tenant shall deposit with Landlord in the form of cash, performance bond, irrevocable letter of credit, or other acceptable security the sum of $10,000, which shall be fully refunded to Tenant upon the timely removal of the Tenant Facilities and related equipment, the repair of the site and the restoration of the Structure surface to the reasonable satisfaction of the Landlord. 12. Limitation of Landlord's Liability. If Landlord terminates this Lease for any reason other than default by Tenant, or Landlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. 13. Temporary Interruptions of Service. If Landlord reasonably determines that continued operation of the Tenant Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency omissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's S service or interference with Tenant's operation of its Tenant Facilities, except as may be caused by the willful misconduct of the Landlord, its employees or agents and except if Landlord's determination is found by a court of competent jurisdiction to have been negligent. If the March, 2000 Page 8 City of Brooklyn Center Lease Agreement discontinuance extends for a period greater than three days, either consecutively or cumulatively, • Tenant shall have the right to terminate this Lease within its sole discretion for cause and without the payment of any damages. 14. Tenant Interference (a) With Structure. Tenant shall not interfere with Landlord's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than three business days after receipt of written notice of the interference from Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate right to terminate this Lease for cause and without the payment of any damages. In the event the Landlord's use of the Structure with which Tenant is interfering is a use which does not exist at the time of execution of this lease, and the lease is terminated pursuant to this paragraph, Tenant shall be entitled to pro rata refund of prepaid lease payments. (b) With Higher Priority Users. If the Tenant Facilities cause impermissible interference with higher priority users as set forth under Subparagraph 5(a) above or with preexisting tenants, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Tenant Facilities and II) shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Tenant received Landlord's written notice, Landlord or Tenant may at its option terminate this Lease immediately for cause and without the payment of any damages. (c) Interference Study - New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises area, Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies. (d) Interference - New Occupants. Landlord agrees that it will not grant a future lease in the Leased Premises area to any party who is of equal or lower priority to Tenant, if such party's use is reasonably anticipated to interfere with Tenant' s operation of its Tenant Facilities. Landlord agrees further that any future lease of the Leased Premises area will prohibit a user of equal or lower priority from interfering with the Tenant Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises area of equal or lower priority 0 to Tenant to provide Tenant these same assurances against interference. Landlord shall have the right to cause the elimination of any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right March, 2000 Page 9 City of Brooklyn Center Lease Agreement to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant's • expense. 15. Assignment and Subletting. Tenant may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Landlord; provided, however, that Tenant may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in- interest or entity acquiring fifty -one percent (51%) or more of its stock or assets, subject to any financing entity's interest, if any, in this Lease as set forth in Paragraph 26 below. Landlord may assign this Agreement upon written notice to Tenant, subject to the assignee assuming all of Landlord's obligations herein, including but not limited to, those set forth in Paragraph 26 below. Notwithstanding anything to the contrary contained in this Lease, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Lease to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 16. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be . entitled to any portion of the award paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant for relocation benefits or assistance. 17. Disputes. Any claim, controversy or dispute arising out of this Lease not resolved within ten (10) days following notice of the dispute, shall be submitted first and promptly to mediation. Each party shall bear its own costs of mediation and shall share equally the common costs of mediation. If mediation does not result in settlement within forty -five (45) days after the matter was submitted to mediation, either party may pursue all available remedies in any court of competent jurisdiction without jury trial. 18. Enforcement and Attorney's Fees. In the event that either party to this Lease shall bring a claim in arbitration to enforce any rights hereunder, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of such claim. 19. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to Landlord, to: City of Brooklyn Center 6301 Shingle Creek Parkway March, 2000 Page 10 City of Brooklyn Center Lease Agreement Brooklyn Center, MN 55430 • Attn: City Manager If to Tenant, to: U S WEST WIRELESS, L.L.C. c/o U S WEST Communications Real Estate Services 8200 East Belleview, Suite 500 Greenwood Village, Colorado 80111 Attention: PSL Manager/Wireless with a copy to: U S WEST Communications Wireless Group 426 North Fairview Avenue, Suite 101 St. Paul, MN 55104 Attention: Regional Real Estate Manager 20. Authority. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. 21. Binding Effect. This Lease shall run with the Property. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 22. Complete Lease; Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 23. Governing Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 24. Severability. If any term of this Lease is found be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 25. Memorandum. Upon request by either party, the parties agree to promptly execute and deliver a recordable Memorandum of this Lease in a form acceptable to both parties which may be recorded by the party requesting the Memorandum of Lease. 26. Waiver of Landlord's Lien. Landlord waives any lien rights it may have concerning the Tenant Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. 27. Warranty of Title and Quiet Enjoyment. Lessor warrants that: (i) Lessor owns the Property in fee simple and has rights of access thereto and the Property is free and clear of all liens, encumbrances and restrictions; (ii) Lessor has full right to make and perform this • Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. March, 2000 Page 11 City of Brooklyn Center Lease Agreement • 28. Acknowledgement of Prior Lease. The rights of Lessee under this Agreement are subject and subordinate to the rights of the lessee Nextel West Corporation, under that certain Site Lease Agreement by and between the City of Brooklyn Center and Nextel West Corporation, dated June 15, 1999. Lessee acknowledges receipt of a copy of said Site Lease Agreement. • S March, 2000 Page 12 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their • respective seals the day and year first above written. LANDLORD: City of Brooklyn Center, a Minnesota Municipal Corporation By: Mayor By: City Manager Tax ID #: 41- 6005011 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 199 , by Myrna Kragness, Mayor, and Michael J McCauley, City Manager, respectively of the City of Brooklyn Center, on behalf of the City. Notary Public • My commission expires: TENANT: By: Date: Title: Tax ID #: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 199 , by , on behalf of the corporation. Notary Public My commission expires: 0 City Council Agenda Item No. 6e 0 0 • MEMORANDUM DATE: May 17, 2000 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide ti ' SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. • S Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and 'WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER SEAN -PAUL HUMPHREY- KONISHI 6006 CAMDEN AVE N 4 GERALD & MARYJO FENSTAD 6037 BROOKLYN BLVD 5 NARVIN & PREMWATTIE JOSEPH 5827 EWING AVE N 6 RONALD & KATHARINE HALL 7018 NEWTON AVE N 7 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 6f MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: May 17, 2000 SUBJECT: Resolution Authorizing the City Manager to Write -off Uncollectible Accounts Receivable and Returned Checks The attached resolution will write -off outstanding accounts receivable balances that staff has deemed uncollectible. Efforts at collection have included second notices sent by City staff and referral to either a collection agency or the City Attorney for collection as appropriate. These have proven unsuccessful due to persons moving out of the area or just the lack of legal leverage in these cases. Most checks taken e at the Liquor Stores are confirmed by Telecheck as they are taken in. The Liquor Stores pay Telecheck a fee for each check confirmed. If these are returned to the City, Telecheck reimburses the City for the loss. Not all checks are confirmed with Telecheck because either the clerks recognize the person as a regular customer or they are • just too busy. Such returned checks are submitted to a normal check collection process which isn't always successful. City locations other than the Liquor Stores don't use Telecheck because they don't have the volume of checks to make it economical. Checks returned to them are submitted to a normal check collection process which isn't always successful. • • . • To: Charlie From: Sue Date: March 2, 2000 Please write the following invoices off as numerous attempts have been made to collect the money. Please let me know when they are written off so I can remove them from my records. Inv Date Inv Number Vendor Name Amount Purpose Attempts at Collection 10/25/96 10476 Holman Residence 50.00 5th False Police Alarm 5 reminders sent 212/99 - TSI Collection Agency 6/1/99 - TSI "Service Completed" 11/21/96 10535 Perry Martin 90.00 Impound /Boarding fee 11/12/96 4 reminders - Moved to Rochester per Clelland - Too costly to pursue 2/2/99 - TSI Collection Agency 6/1/99 - TSI "Service Completed" 12/31 /96 10569 Mark Matykiewic 58.00 Impound Fee ,3 reminders sent 12/97 - Per Clelland Judgement for $58.00 4/11/97 10614 Joni Carlson 125.00 Impound Fee 1 reminder sent 12/97 - Per Clelland Judgement for $125.00 7/11/97 10655 Aaron Paul Kauffman 157.00 Impound /Board Fee 3 reminders sent 12/97 - Per Clelland Judgement for $157.00 10/1/97 10754 Denise Ezell 100.00 Impound /Boarding Fee for Cat 5 reminders sent 2/2/99 - TSI Collection Agency 6/3/99 - Turned over to CMS 12/31/99 CMS - "Collection Efforts Exhausted" • • • 1/16/98 10865 Cowan Residence 50.00 5th Police Alarm 3 reminders sent for each alarm - Kristy 1/16/98 10866 Cowan Residence 75.00 6th Police Alarm said these alarms were cancelled due to power surge - Per Kim these were not cancelled 2/2/99 - TSI Collection Agency 6/3/99 - Turned over to CMS 12/31/99 CMS - "Collection Efforts Exhausted" 1/30/98 10896 ,Katherine Marie Bowar 96.52 Repair Sign Damaged 12/12/97 Originally invoiced Dustin Betsinger but his ins co said he was not at fault. Voided this invoice and rebilled to Bowar. Her ins co wrote saying they weren't at fault. Per CH write off through council 2/20/98 10901 Angela Yates 250.00 Impound /Boarding Fee - Zeus 4 reminders - 4/29/98 Angela called questioning charge as she felt it took too much time to contact her. Hennessy wouldn't change the charge. 2/2/99 - TSI Collection Agency 6/3/99 - Turned over to CMS 8/10/99 - Yates filed bankrupcy 6/29/99 (,OS(, s1 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIF3LE ACCoJJNTS RECEIVABLE AND RETURNED CHECK WHEREAS, the City Manager has reported the following accounts receivable are uncollectible; and WHEREAS, the City Manager has reported the following returned checks are uncollectible; and WHEREAS, the returned checks have been charged off against the expenses of the operating departments as they have been determined to be uncollectible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the City Manager to write -off from the City records as uncollectible the following: 1. Accounts receivable: Due From Purpose Amount Holman residence 5th False police alarm $ 50.00 Perry Martin Impound fee 90.00 Mark Matykiewic Impound fee 58.00 Joni Carlson Impound fee 125.00 Aaron Paul Kauffman Impound fee 157.00 Denise Ezell Impound fee 100.00 Cowan residence 5th - 6th False police alarms 125.00 Katherine Marie Bowar Repair damaged street sign 96.52 Angela Yates - Impound fee 250.00 Total $ 1.051.52 2. Returned Checks: • RESOLUTION NO. RETURNED CHECKS 1 -1 -98 through 12 -31 -98 DATE • NAME RETURNED LOCATION REASON DISPOSITION AMOUNT Anderson, Joseph 3/9/98 Boulevard NSF NRI 32.14 Anderson, Joseph 3/9/98 Boulevard NSF NRI 31.50 Anderson, Karl D. 11/25/98 Boulevard Forgery NRI 35.98 Banks, Eric M. 8/19/98 Humboldt NSF Telecheck 5.11 Banks, Eric M. 8/19/98 Humboldt NSF Telecheck 10.34 Birkeland, Sharon N. 4/22/98 Humboldt NSF Telecheck 10.22 Bolden, Robert L. 2/26/98 Boulevard NSF Telecheck 50.00 Bryan, Tony A. 2/10/98 Northbrook AC NRI 13.05 Bryan, Tony A. 2/10/98 Northbrook AC NRI 28.55 Buchanan, Alvono B. 3/18/98 Humboldt NSF NRI 29.72 Caldwell, Bonnie L. 5/6/98 Boulevard AC NRI 39.56 Cisco, Jerry 10/27/98 Humboldt NSF NRI 24.50 Cliff Custom Masonry 9/14/98 Humboldt NSF NRI 50.00 Collins, Darnell 9/28/98 Northbrook AC NRI 30.21 Collins, Debra G. 8/3/98 Boulevard NSF Telecheck 4.65 Dammer, Scott T. 6/19/98 Northbrook Forgery Telecheck 34.42 Donaldson, Timothy 1/14/98 Humboldt AC NRI 32.88 Driskill, Rita M. 7/8/98 Boulevard NSF Telecheck 8.15 Ernst, Barbara J. 10/28/98 Northbrook NSF NRI 22.12 Fonville, Troy A. 7/6/98 Golf AC NRI 19.00 Fonville, Troy A. 9/8/98 Golf AC NRI 35.50 Foster, Charles A. 12/21/98 Humboldt Forgery NRI Refused 24.70 411 Foster, Charles A. 12/17/98 Humboldt 6/12/98 Northbrook Forgery NRI Refused 41.81 Gist, Cheri L. AC Telecheck 19.59 Haapat, Edward 12/31/98 Humboldt Forgery Telecheck 62.85 Harris, DeWayne K. 5/3/98 Boulevard Refer to maker NRI 43.88 Harris, Dorian D. 3/2/98 Northbrook NSF Telecheck 14.44 Herda, Michael M 11/19/98 Humboldt NSF NRI 18.07 Hodges, Dewand R. 11/24/98 Boulevard AC NRI 34.19 Jeanotte, Roland /Amy 9/18/98 Humboldt NSF NRI 18.12 Kimmons, Lshaun 10/27/98 Humboldt AC NRI 26.83 Kimmons, Lshaun 10/27/98 Humboldt AC NRI 19.26 Lappi, Robert L. 9/17/98 Boulevard NSF Telecheck 35.00 Lucy, Latosha M. 12/31/98 Humboldt Refer to maker NRI 74.79 Miscko, Dustin M. 5/29/98 Humboldt AC NRI 50.00 Moore, Willie Earl 12/1/98 Northbrook AC NRI 8.27 Motors Management 8/18/98 Police Stop payment Letter 5.50 Potts, LeaAnn 8/12/98 Northbrook NSF Bankruptcy 29.74 Reed, Reedia 3/12/98 Northbrook AC NRI 33.77 Richter, Joshua A. 10/27/98 Boulevard AC NRI 8.71 Rosendo, Jorge C. 12/31/98 Humboldt NSF NRI 11.98 Schayes, Wilford L. 3/18/98 Northbrook NSF NRI 28.25 Selmon, Jameian L. 10/13/98 Inn NSF NRI 123.75 Smith, Antonia A. 12/31/98 Boulevard Stop payment NRI 28.21 Stewart, Jeremy J. 12/14/98 Northbrook AC NRI 16.76 Stoneberg, Ronald P. 3/5/98 Humboldt Refer to maker NRI 31.85 III Tillman, Henry N. 11/12/98 Northbrook AC NRI 13.14 Wagner, Cory or Lynn 8/18/98 Northbrook NSF Telecheck 31.48 Wuensch, Angela L. 10/29/98 Humboldt Lost TC 17.43 TOTAL 1,419.97 • RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. S • 0 City Council Agenda Item No. 7a 0 0 Office of the City Clerk I City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk 4CUW_4 DATE: May 17, 2000 SUBJECT: Public Hearing: An Ordinance Amending Chapter 35 of the City Ordinances Regarding Church and Educational Uses At its April 24, 2000, meeting, the City Council approved first reading of An Ordinance Amending Chapter 35 of the City Ordinances Regarding Church and Educational Uses. The second reading and public hearing are scheduled for May 22, 2000. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22nd day of May, 2000, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding Church and Educational Uses. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING CHURCH AND EDUCATIONAL USES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is Amended in the Following Manner: Section 35 -314. R5 Multiple Family Residence District. 3. Special Uses d. Public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota Department of Education provided primary vehicular access is gained to the use by a collector or arterial street. Section 35 -320. Cl Service /Office District. 1. Permitted Uses e. Places for religious uses assemblies such as chapels, churches, temples, mosques and synagogues. welfarc and eha_it� librarics and ar gallcrics. x. Libraries and art galleries. • 0 ORDINANCE NO. 3. Special Uses d. Educational uses including post secondary schools. business schools. trade schools and the like. but excluding public and private elementary and secondary schools (K -12). Section 35 -322. C2 Commerce District 1. Permitted Uses d. Service /office uses described in Subsection 1 (b) through 1 (u) and Subsection 1 (w). and Subsection 3 (c) of Section 35 -320. h. Educational uses including post secondary schools, business schools. trade schools and the like. but excluding public and private elementary and secondary schools (K -12). Section 2. This ordinance shall become effective after adoption and upon thirty III days following its legal publication. Adopted this day of , 2000. Mayor ATTEST: Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) 1 • 1 1 City Council Agenda Item No. 8a • S MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist Subject: City Council Consideration Item - Planning Commission Application No. 2000- 005 Date: May 17, 2000 On the May 22, 2000 City Council Agenda is Planning Commission Application No. 2000 -005 submitted by Charles and Vivian Cloutier requesting a resubdivision to uncombine, or resubdivide, two of three underlying lots and a variance to allow a subdivision of land by metes and bounds description at 5318 62nd Avenue North. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2000 -005 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 May 11, 2000 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the recommendations of the Planning Commission. Application Filed on 4 -20 -00 City Council Should Be Taken By 6 -19 -00 (60 Days) Planning Commission Information Sheet Application No. 2000 -005 Applicant: Charles and Vivian Cloutier Location: 5318 62nd Avenue North Request: Resubdivision and Variance The applicants, Charles and Vivian Cloutier, are seeking approval to uncombine, or resubdivide, two of three underlying lots and a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat at 5318 62nd Avenue North. The purpose of this action is to re- establish underlying lots in order to create two lots which can be sold and used separately. The property in question is zoned R -1 (One Family Residence) and is located on the north side of 62nd Avenue, easterly of Unity Avenue. The lot is currently 175 ft. wide by approximately 135.3 ft. deep. The legal description is Lot 8, Block 2, and Outlot 4, Bergstrom's Lynside Manor, 3rd Addition, and Outlot 3, Lynn -Lee Addition. Lot 8 is 75 ft. by 135.3 ft. or 10,147.5 sq. ft. in area; Outlot 4 is 45 ft. by 135.29 ft. or 6,088.05 sq. ft. in area; and Outlot 3 is 30 ft. by • 135.26 ft. or 4,057.8 sq. ft. in area. The Cloutiers originally acquired Lot 8 (the most easterly of the three lots) and a house was built on it in 1959. In 1960 a garage was built. Later the Cloutiers acquired the two adjacent outlots and the three lots were combined for tax purposes in the early 60's. The process of combining parcels for tax purposes is an administrative procedure that combines lots without the benefit of replatting. Once done, the City considers the lots to be a single lot for building purposes as well as tax purposes. The underlying legal descriptions still exist and are used to describe the parcel. The lots, once combined for tax purposes, cannot be sold or conveyed separately without being uncombined or resubdivided which requires City approval. Because the lots are considered a single lot, the City requires the requesters to provide a survey to show that the re- established lots have no property line encroachments or setback deficiencies before the City will allow the lots to be uncombined. In this case, the applicants propose to leave the two outlots combined so that they can be sold as a separate buildable parcel (75 ft. by 135.27 ft.) and also sell the easterly lot containing the house and garage. • 5 -11 -00 Page 1 4I) if the lots are uncombined and the underlying lot lines re- established, the survey provided shows that the garage on Lot 8 would have a setback of less than 3 ft. from the re- established property line. A 3 ft. setback is the minimum distance for an accessory building from an interior lot line. A portion of the garage overhang would encroach over the lot line. We would not recommend approving re- establishing the underlying property lines through a resubdivision unless these encroachments are corrected. The applicants' options are the following: 1. Move the garage so that a proper building setback is met from the re- established property line. 2. Replat the three lots into two new parcels meeting minimum lot width and area requirements and having a configuration such that no setback deficiencies or property line encroachments would exist. 3. Seek a variance from the platting requirements that would allow a metes and bounds division of land that would leave resulting lots meeting the minimum lot width and area requirements and having no setback deficiencies or property line encroachments. The applicants have chosen to pursue option number 3 as they have a closing date of June 15, 2000, scheduled to convey the lot with the house and garage to a prospective buyer. They believe the garage relocation is unreasonable and the platting process is burdensome and needlessly expensive. The requested variance to allow a metes and bounds division of land is very similar to one granted earlier this year to Jay Scheffler and Mr. and Mrs. Smietana (Planning Commission Application No. 2000 -002) which allowed the relocation of the common property line between two properties. The applicants' surveyor has shown a division that would transfer a 5 ft. by 38 ft. (190 sq. ft. in area) portion of land at the northeast corner of Outlot 4 to Lot 8. The resulting parcels would be: Parcel A with a lot width of 75 ft. and lot area of 9,955.25 sq. ft. and Parcel B with a lot width of 75 ft. and a lot area of 10,337.5 sq. ft. All existing buildings would have proper setbacks and no property line encroachments would exist. The applicants believe their proposal is a reasonable way of dealing with this situation which is also consistent with past actions on the part of the City. The granting of the variance would relieve them of the burdensome time and expense of going through the entire formal platting process. The granting of the variance, they believe, will not be detrimental to public welfare or injurious to any other property in the area. They are aware that the City has granted similar variance requests in the past. • 5 -11 -00 Page 2 Under the City's Subdivision Ordinance, divisions of land are to be performed by a plat or registered land survey unless the City Council, by variance, allows otherwise. Section 15 -112 of the Subdivision Ordinance authorizes the City Council to grant variances from their regulations when, in their opinion, undue hardship may result from strict compliance. In making its findings, the City Council must take into consideration the nature of the proposed use of land, the existing use of land in the vicinity and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. To grant a variance, the City Council must find: 1. That there are special circumstances or conditions affecting said property such that strict application Of the provisions of the ordinance would deprive the applicant of the reasonable use of his/her land. 2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. As pointed out previously, it is the applicants' contention that to require the formal platting process for this division is overly expensive, burdensome and unnecessary in that no new legal lots are being created with the division of land and that there is substantial precedent for granting • similar variances. The staff would concur and we do believe the standards for variance in this case can be met. Also, there is much precedent for the granting of metes and bounds division variances in cases such as this. Such variances were quite common prior to 1978. Since that time, at least seven such divisions have been approved through the variance process by the City Council. The variances that have been granted typically site the right of the property owner to divide his/her property and the hardship of bearing full platting costs to divide the property by plat. Also, the division of land by metes and bounds have been allowed provided that: 1. No new buildable lots are created; 2. The underlying land is platted property; and 3. No lot or setback variances are implied and that all lot area requirements can be met. The first action recommended would be to authorize the uncombining or resubdivision of the land to re- establish the underlying property lines and then to grant a variance to convey a portion of the re- established outlots to Lot 8. The proposed new legal description, for Parcel B would be Lot 8, Block 2, and the north 38 ft. of the east 5 ft. of Outlot 4, Bergstrom's Lynside Manor, 3rd Addition, Hennepin County, Minnesota. The new proposed legal description of Parcel A would be Outlot 4 except the north 38 ft. of the east 5 ft. thereof, Bergstrom's Lynside Manor, 3rd Addition, and all of Outlot 3 of Lynn -Lee Addition, Hennepin County, Minnesota. • 5 -11 -00 Page 3 • In our opinion, the proposed metes and bounds description variance requested by the applicants appears to meet both the variance standards contained in Section 15 -112 of the City Ordinances and also the City's policy regarding the division of land by metes and bounds description. A public hearing has been scheduled and notices to surrounding property owners have been sent. RECOMMENDATION It is recommended that the City Council authorize the uncombining and re- establishing of the underlying property descriptions are 5318 62nd Avenue North and grant a variance to allow a subdivision by metes and bounds descriptions on the basis that the standards for variance and the City's policy regarding such divisions are met. Approval of this application is subject to at least the following conditions: 1. The legal descriptions and survey showing the re- establishment of the underlying parcels and the division of land shall be filed with Hennepin County. 2. The City Assessor is authorized to process the resubdivision in conjunction with Hennepin County and to acknowledge the newly established legal descriptions. 5 -11 -00 Page 4 A _ «R. II Iii, �.;° W �- 1170TH AVE I \ \LI 7aTH' AVE N _ 4 im 0- _ Tan+ AVE ,, I — _ l .,,,z.,.. ..„„ _ - a i L _ NE PARK - ,.` _ _ -_ Q • usk --W o ° _� U u . a it a i i 69TH. VE N ' ■ ; . 1 Z �j—.� 4s4PoST I PCM.1 ° IL R6 - MI i T _W NI w� __ a Q � P IN' . -ti L » . me N J z I 68m1 !r u1 66TH AVE N N.--- , _ _ - 4. ; ,...,- - . 4 z = � . _ =z _ lvz __I _ a v 67TH. AVE N. �- — \ 11111111 co �a — J --- — 67TH. AVE r. — - �� l � \ \1 � I � 16STH AVE N. � I � ROWS ` - ' �x ' .: . \ 1 i 1 1 I 1 WIN CHESTER ( — 1 `WINCHESTER lA 1 , a IIIIII Ii Q P I DR. l I I S 1 1 1 1 If_ < t ' 1-- % 3 AVE N � � �'-' R • Planning Commission -� MI g 1 —.-4 __ MARLIN • Application No. 2000 -005 t PARK A. 1 l l �� 3.____A T ? � �L 1 IlL ...!. . _4 • BOULDER LA W � ? �1 - �- — z — - w(. y( z HS 0.11 AVE N. N 1 .111 .. !^ a - Q , - A 21 • 4/ 1111 `� x , _ 1�%� SAF '� •j � . = -- nups . ORC HARD LANE —� 1 ,�, , ZO 1 ST. AVE N. SCHOOL _ o 04., ,. -Ai X1111 __ 11 al Vtiaii� JVIRONMEN MAMA .,, / - 'RESERVE PARK ._ -- • - z illa C NI e • i • S 89'59'57" E -- 150.00 -- I In I m si_ — ...4:: ., t - 6 9. 87 . `� " — 80.13 -- . . — , I I P 4 Zn ,--______...12: �I,/ //.24.4//// I ! '� I 0 I / / CA W • Cs, 0• M •N cl Garage N o 3. , a � � nth oil 1 / / . ` w $ iSs I 0Isest, rnt %//24.4/// I a4 v �ei o" in t ()' I ne QfoP % 10,339 sq. ft. t � I d d g t � Approxim line of r l i i n y . dpi E 5.01 " , overhead eaves ti I' i o m r �) I S 89'59 57 E A A fin /\ r �/ 1 4- \m %,nc` 1 de IVI� . 1 O /, t / ( (2 / 1 • 1 , I \' I ../ / 11 w �� W� _ ? V / � 0 cr) SP 'V 9.9122 sq. ft. W / / 10. W 0 0 c.a al 1 8.08 c to 1 i� / //�78.3'/i I m \\ 0 1 / X N t . i v 1 Story Frame A •N 1 cr w i /5318 al 1 / I v m I 17.55 J.\ / /////i 46.2 # /f / / / _ 1 ` 4 1 1 ( I \ 1 y � � �1 e01 MI MI I 1 1 N 89'58'16" W , N 89'58'16" W 1 4, 1 • 0 ' i- 75.00 -- r, --75.00-- i — — ._. t I 1 I in cv 1 1 1 OD 53 I g 6 2nd A 1 1 • City Council Agenda Item No. 8b 0 0 • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist Subject: City Council Consideration Item - Planning Commission Application No. 2000- 006 Date: May 17, 2000 On the May 22, 2000 City Council Agenda is Planning Commission Application No. 2000 -006 submitted by Erick and Susan Bates requesting a Special Use Permit for a home occupation involving the use of equipment not customarily found in a residential dwelling at 6413 Noble Avenue North. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2000 -006 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 May 11, 2000 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the recommendations of the Planning Commission. • • Application Filed on 4 -27 -00 City Council Action Should Be Taken By 6 -26 -00 (60 Days) Planning Commission Information Sheet Application No. 2000 -006 Applicant: Erick and Susan Bates Location: 6413 Noble Avenue North Request: Special Use Permit The applicants, Erick and Susan Bates, are requesting Special Use Permit approval for a home occupation involving the use of equipment not customarily found in a residential dwelling, namely a trash disposal unit 4 ft. wide, 4 ft. high and 5 ft. in length. Section 7 -102, Subdivision 1, of the city ordinances requires refuse containers but limits their size in residential areas to no more than 30 gallons unless otherwise approved by the City Council. Other than for special construction or clean up projects, the City Council has not authorized trash facilities larger than 30 gallons. The property in question is zoned R -1 (One Family Residence) and is located on the west side of Noble Avenue about midway between 64th and 65th Avenues North. It is surrounded on the north, west and south by single family homes and on the east by Noble Avenue and other single • family homes on the opposite side of the street. Home occupations involving the use of equipment not customarily found in the home fall under the category of a Special Use Permit. The Bates operate a business called Metro Carpet Removal out of their home. They provide carpet removal services at off site locations. Appointments for their services are booked by phone and no customer traffic takes place at their residence. After removing carpet, they transport the discarded material to their home where they store it in the large trash container which is picked up weekly. The vehicle used in the business is within the size limits allowed to be parked in residential areas. Their business, other than the use of the large trash container, is considered a permitted home occupation not requiring formal approval by the City. The use of the large trash receptacle puts the business into the Special Use Permit category. The applicants have submitted a letter (attached), along with a site drawing of their property and a photo. The letter explains their business and comments as to how they believe their special home occupation would meet the standards for Special Use Permits. They note having the large trash container will eliminate the need for multiple smaller containers. They also note that they intend to either house the disposal unit in the garage or provide appropriate screening. The trash container will be out of the screened area or garage for approximately 2-4 hours per week to allow for dumping. They do not believe that their business will impede the normal and orderly 5 -11 -00 Page 1 • development and improvement of surrounding property for uses permitted in the zoning district. They state that there is no customer visitation or traffic associated with the operation of their business and that they believe their business will conform to the applicable regulations contained in Section 35 -406 for special home occupations. The concern with this special home occupation is obviously the impact the trash container may have on the neighborhood and neighboring property. The applicants indicate that it would be housed either in the garage or behind a fenced area and certainly this should be a requirement if the application were to be approved. Approving such a home occupation would not set a precedent other than in similar situations. The ordinance limiting trash containers in residential areas to 30 gallons does allow the City Council to authorize larger units. As mentioned previously, the carpet removal business as conducted by the applicants would be considered a permitted use if not for the large trash container. If the Special Use Permit is denied, the home occupation still could be conducted using 30 gallon trash containers (no limit in number is listed in the ordinance) or by transporting discarded carpeting directly to a disposal facility. The Commission should review the various aspects of the business in light of the standards for special use permits contained in Section 35 -220, Subdivision 2 (attached). A public hearing has been scheduled and notices have been sent to neighboring property owners. RECOMMENDATION If the Planning Commission determines the special home occupation to be appropriate, it could be recommended subject to at least the following conditions: 1. The Special Use Permit is granted for a carpet removal home business that will involve the use of a 4 ft. wide, 4 ft. high and 5 ft. long trash disposal unit for the storage and disposal of discarded carpet and pads. This use may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the Special Use Permit. 2. The Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. The trash container unit may only be used for discarded carpet and carpet pads and shall not be used for collecting and storing refuse, rubbish, trash, yard waste or recyclable materials. 4. The applicants are required to house the trash container unit within a 6 ft. high opaque screening structure except for when routine pick up is conducted. • 5 -11 -00 Page 2 5. The trash container shall be tethered or securely fastened in such a way as to keep it secure from rolling loose. 6. All vehicle parking associated with the home occupation shall be off street on an improved space. Vehicle parking on the property shall be in compliance with Section 19 -103, Subdivision 12, of the city ordinances. • • 5 -11 -00 Page 3 =........„ . 4 7 I; AV ' .L' LAS:, / , I p l � I I Lk 71 _. .._ .: Z 7 1ST. � � ► � ill 4 _ AVE N r - . W ILLOW LANE \ SCHOOL - _ R5 ) Z ; "- W' - o. 70TH AVE N 70TH PVE. N. V5 $ < mile v ! f -- ' — --,:- ■ MI& 019:Z111111; 0 , 5 II Hitl•Iti arAIVPI --- 1- ._. WW T \ � 2° � " � -.� „_ NMil li a i� ft\JrRTow a I J AVE . N itilll. _ NTH N �,�, . \\!l C a 6 TH. A . 67TH. AVE. 1. I\ U ► ' i?Liill 1111 . Q ���� �� . � i`�� . I I ' 1 l I 1 1' 1 I AVE N I I I 2 66TH ' yc 'EN 11 • I II 9 III, 11 R �A11 I I I� 3 TER�.I i 111 _ Z Commi ssion o ' Planning ` __ 6riTH.AVE” N. \ I \ 1 A p lication No. 2000 -006 �I,I,I,I I I _ —. ..,... ..... - - — p VE N F r�aN , - oo �-- As00 �p { I DR. _� FA ■ -"� '~ -AI. GARDEN i AVE. r 1 -` ■ III An - _ - Cl sa g 11111 0 ,Ai Mil 5 -1 ii i0 ._ IR L;k III C 10 IIII MI " " I � � k K I iI 63 EV _ . -t ,:�i►'1a, v�i'l a _ 11 :, • \ ER z 1 tilli AVE. N. ` . ■ < _' sun /111 4 m !1 m _u: _ < ____,4 Y D AVE N 1111;1 ‘ A Z ARBORETA `? ��I ►� j,�jj 2ND AV r •• i ORCHARD LANE _ — ,"i ET ,� HWPUD t 1 I Q. N 0 ‘y ce0.7 -eq - / /( /� 2 Ake I v Gt YaD� i ~ 7 k c i .. i 1 , 7-- 1 1 1 S(9: 1 1' I . i w0. ./ 1 ,___________________. ... ________ _ _ _ f } ; . ; f# . r ';'.'t..' z s a i l V I . � ` y r t . 1 r '. /°? _= it _ 1 i" '' 3 t$ 'nYecr' 9a ti • • • • 411111 • Dear Planning Commission and City Council Members; We are writing to you to request a "Special Use Permit" for a "Special Home Occupation" and for the "use of equipment not customarily found in a residential dwelling unit," We would like to thank you in advance for your time and consideration in this matter. We are happy to be in our first house in Brooklyn Center and wish to be good neighbors. The following points are in response to "Section 35 -220, Standards for Special Use Permits." Briefly, we own a small business called Metro Carpet Removal. As the name states, we provide carpet removal services. All services are performed off -site. All appointments are scheduled by phone. The carpet is transported in a Ford Econoline cargo van. a. The business provides us with the financial resources necessary to preserve and maintain our personal property. The disposal unit will contain only carpet. No organic material will be disposed of in the unit. The unit is approximately 4' wide, 4' high and 5' in length, on wheels, with a securable, connected lid. Use of the one single disposal unit will eliminate the need for multiple smaller trash containers. b. Our intention is to either house the disposal unit in the garage or provide appropriate screening. We intend to either construct a fence within normal • setbacks or maintain the disposal unit within the confines of a locked garage. It will of necessity need to be put out within view for approximately two to four hours per week to allow for emptying. This usually takes place on Wednesday morning, usually around 9:30 when the homeowner is present. On occasion, when business is good, we my require an additional pick-up, which would operate in the same matter as stated above. c. The business and the disposal unit will be entirely confined within the confines of the property boundaries and will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. No customer visitation or foot traffic is necessary for the operation of the business. e. The carpet business conforms to applicable regulations in Section 35 -406 for "Special Home Occupations." Again, we thank you for your time and consideration in this matter of importance to our family. Cordially, Erick and Susan Bates 6413 Noble Ave N Lot 6, Block 1, Bergstrom's Lyndale Manor S Section 35 -220 • 3. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and ; enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. i The special use will sp nll not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have will been or vr11 be taken to rovide ingress, angress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and • operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which • special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission • • No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits • When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within • that time. In any instance where an existing and established special use is abandoned for a period of one year, the special use permit related thereto shall expire one year following the date of abandonment. • City Council Agenda Item No. 8c • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist Subject: City Council Consideration Item - Planning Commission Application No. 2000- 007 Date: May 17, 2000 On the May 22, 2000 City Council Agenda is Planning Commission Application No. 2000 -007 submitted by Melvin Raile requesting a Variance from the minimum district requirement in Section 35-400 to locate a two family dwelling on the property at 5411 Bryant Avenue North. . Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2000 -007 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 May 11, 2000 meeting and was not recommended for approval. It is recommended that the City Council, following consideration of this matter, deny the application on the grounds that the Standards for Variance contained in Section 35 -240, Subdivision 2 of the Zoning Ordinance are not met. 4110 i Application Filed on 4 -27 -00 City Council Action Should Be Taken By 6 -26 -00 (60 Days) Planning Commission Information Sheet Application No. 2000 -007 Applicant: Melvin Raile Location: 5411 Bryant Ave N Request: Variance The applicant, Mr. Melvin Raile, is requesting a variance from the minimum district P � q g requirements contained in Section 35 -400 to be allowed to have a duplex on the property addressed as 5411 Bryant Avenue North. The property in question is zoned R -2 (One and Two Family Residence) and is located on the west side of Bryant Avenue in the 5300 -5400 block. It is surrounded on the north, west and south by single family homes and on the east by Bryant Avenue with single family homes on the opposite side of the street. The lot is 63 ft. wide by 136 ft. deep with an area of 8,568 sq. ft. and contains a garage which was accessory to a single family home that was recently demolished. The owner of the lot has been advised that the garage is not allowed to continue to stand on the property without a principal building. Apparently Mr. Raile, who currently lives at 5105 Humboldt Avenue North in Minneapolis, has • reached an agreement to purchase the lot and wants to move the two family dwelling located at 5105 Humboldt Avenue North to the subject property. The Humboldt Avenue property is being acquired by Eminent Domain to make way for the Humboldt Greenway project. Mr. Raile has been advised that the lot is not large enough to meet the minimum lot requirements for a two family dwelling. He, nevertheless, wants to pursue, through the variance procedure, his request to locate the two family dwelling there. The Planning Commission's attention is directed to Section 35 -400, the table of minimum district requirements (attached), particularly with respect to the R -2 district. The R -2 district allows both one and two family dwellings as permitted uses, however, the minimum lot requirements are different for both uses. A two family dwelling interior lot is required to have a minimum lot width of 75 ft. (at the building setback line) and a minimum land area of 6,200 sq. ft. per unit or a total of 12,400 sq. ft. A one family dwelling interior lot is required to have a minimum lot width of 60 ft. (at the building setback line) and a minimum land area of 7,600 sq. ft. The lot in question is simply sub - standard, or too small, for the two family dwelling Mr. Raile would like to move onto it. The zoning ordinance allows the Planning Commission, sitting as a board of adjustments and appeals, to recommend and the City Council to approve variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. The , • 5 -11 -00 Page 1 • provisions of the ordinance, considered in conjunction with the unique and distinctive circumstances affecting the property, must be the proximate cause of the hardship. Circumstances caused by the property owner or his/her predecessor in title shall not constitute sufficient justification to grant a variance. A variance may be granted by the City Council after demonstration by evidence that all of the standards for variances, contained in the zoning ordinance are met. These standards include the following: A. Because of the particular physical surroundings, shape or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. B. The conditions upon which the application for a variance are based are unique to the parcel of land for which the variance is sought and are not common, generally, to other property within the same zoning classification. C. The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. D. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is • located. It should be noted that the economics of the situation alone have not been considered to be a hardship under the meaning of Standard A above. The applicant was given the standards for variance and asked to provide in writing how his proposal meets these standards. His letter (attached) points out that his property is being acquired through Eminent Domain for a redevelopment project. He wants to keep the house and to move it onto the lot at 5411 Bryant Avenue which is vacant. He notes that it is difficult to find a vacant lot (apparently in the neighboring area). The lot in question is close, convenient and available. With all due respect to the applicant, his arguments simply do not, in the staff's opinion, meet any of the standards for variance contained in the zoning ordinance let alone all of the standards. To deny him the use of this lot is not a hardship under the meaning of the ordinance. Even though the lot cannot be used as a two family dwelling it is not unbuildable. It still can be used for single family residential purposes and likely will be even if this variance is not granted. The fact that the lot is close and convenient does not meet the standards as well. The situation is not unique. A similar request was made by a person having an interest in a parcel of land on Azelia Avenue in the R -2 district. That lot also did not meet the minimum standards for a two family interior lot. • 5 -11 -00 Page 2 • Basically, the effect of allowing a variance to put a two family dwelling on a sub - standard size lot in the R -2 district would establish a precedent that would allow two family dwellings on lots that are at least 63 ft. in width and 8,568 sq. ft. in area (4,284 sq. ft. of land per dwelling unit). This is a substantial departure from the requirements contained in the R -2 zoning district. It can be argued as well that the granting of the variance could be considered detrimental to the public welfare and injurious to other land or improvements in the neighborhood if the standards for density are lowered beyond the expectancy in the ordinance. Again, it is the staff's opinion that none of the standards for variance are met with respect to the applicant's request. The ordinance specifically requires that the City Council may grant a variance only after demonstration by evidence that all of the standards for variance contained in the zoning ordinance are met. A public hearing has been scheduled with respect to this application and notices to surrounding property owners have been sent. With respect to the applicant's request for a variance, it is recommended that it not be granted on the grounds that none of the standards for variance contained in the zoning ordinance are met with respect to this application. • • 5 -11 -00 Page 3 111 liM r l 1 1 Hi 1 r[ti il Y 1 r- ). AvE. 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(Feet) F on Rear (6) Interior Corner • R1 ° One Family Dwelling (Interior Lot) 9,500 /unit 75 35 25 (9) 10 25 One Family Dwelling (Corner Lot) 10,500 /unit 90 35 -- (5) • 10 25 R2 One Family Dwelling (Interior Lot) 7,600 /unit 60 35 25 (9) 10 25 One Family Dwelling (Corner Lot) 8,750 /unit 75 - 35 -- (5) 10 . 25 Two Family Dwelling (Interior Lot) 6,200 /unit 75 _ . .35 40 10 25 Two Family Dwelling (Corner Lot) 6,200 /unit , 90 35 -- (5) 10 25 R3 (See Sec. 35 -410) 5,400 /unit -- (7) 35 40 -- (7) 25 R4 (See Sec. 35 -410) 3,600 /unit '100 35 40, 10 25 R5 (See Sec. 35 -410) 2,700 /unit 100 35 (4) 40 (4) 15 (4) 25 (4) R6 (See Sec. 35 -410) 2,200 /unit 100 50 (4) 40 (4) 20 (4) 50 (4) R7 (See Sec. 35 -410) 1,400 /unit -- 50 (4) 40 (4) 20 (4) 50 (4) Cl (See Sec. 35 -411) -- (I I) 150 35 40 10 25 CIA (See Sec. 35 -411) -- (11) . 150 35 (4) 40 (4) 10 (4) 25 (4) C2 (See Sec. 35 -412) -- 100 35 (4) 40 (4) 10 (4) 25 (4) 1 -1 (See Sec. 35 -413) -- .. • 100 50 25 10 50 I -2 (See Sec. 35 -413) -- 100 35 25 10 25 35 -50 /f/pe C 4:7 k . jemb ea 7 . • . : •-. • " • P roe klyh C r•it-Y Pi aim rtl • • ,i-14.1.4 • , 19-44-67e-vs-a4-44 • - • - • -- : al& er■ / o 1 ,6i , C4441 0, l • - , I ../ezeot,7t. **: /4-2„ VitTroZ-444•44. .-4 • ..44.1„/ZetriA fettiy•rti...,...2„.. .4r/..0., -8444. 014*-7 ...:•••••• . , -( 4 t-gt e. a... - • • _ . • • y_e e 91(1.414.AZ.t • • • . . • • • • • • • • . • . . . . • • • • • • • • • • Member moved its adoption: introduced the following resolution and RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2000-007 WHEREAS, Planning Commission Application No. 2000 -007 submitted by Mr. Melvin Raile requests a variance from City Code Section 35 -400 to be allowed to erect a duplex on the property at 5411 Bryant Avenue North (the Subject Property); and WHEREAS, the Subject Property is zoned R -2 (One and Two Family Residence); and WHEREAS, the dimensions of the Subject Property are 63 feet wide by 136 feet deep with an area of 8,568 square feet; and WHEREAS, in an R -2 zone of the city permitted uses include single - family and two family residential structures, provided dimensional requirements are met; and WHEREAS, the minimum lot size requirements for a two family dwelling in the R -2 • District are 75 feet wide and a minimum land area of 6,200 square feet per unit or 12,400 square feet for the two units of a duplex; and WHEREAS, the lot size requirements for a single - family lot in an R -2 are 60 feet wide and 7,600 square feet in area; and WHEREAS, the Subject Property is of sufficient size to support a single family residential structure under the requirements of the Brooklyn Center City Code; and WHEREAS, the Subject Property is surrounded on the west, north and south by single family homes and on the east by Bryant Avenue with single family homes on the opposite side of the street; and WHEREAS, the hardship asserted by the applicant is that the applicant desires to take advantage of purchase of a duplex dwelling from an off -site location and move it to the Subject Property; and WHEREAS, City Code Section 35 -240, 2 provides that a variance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met: 1. Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular hardship to the • owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. • RESOLUTION NO. 2. The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. 3. The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. 4. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. The City Council finds that the standards for a variance specified in the Ordinance quoted above are not met. Specifically, the Council finds: a. No hardship to the owner results from the strict application of the City Zoning Code. The property is suitable for development with a single • family residential structure, which development would be consistent with the development of surrounding properties in the neighborhood. The property is not unique in shape, topographical conditions or other features that render the strict application of the Ordinance unreasonable. b. The conditions upon which the application for a variance is based are not unique to the parcel of land for which the variance is sought and are common generally to other property within the same zone and classification. The fact that the Subject Property has lot dimensions which are sufficiently large only for development of a single family residential structure is common to many other properties in the R -2 Zone which have been developed in full compliance with the requirements of the City Code. c. The alleged hardship is not related to the requirements of the Ordinance. Rather it is related to, and created by, the applicant and the applicant's desire to take advantage of a financial opportunity. This alleged hardship is not a hardship within the meaning of City Code Section 35 -240, 2. d. The granting of the variance would be detrimental to the public welfare and the neighborhood since it would constitute development at a higher density than prevails in the neighborhood generally. • On the basis of the foregoing, the requested variance is denied. • RESOLUTION NO. Date Mayor ATTEST: • City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the followin g against a ainst the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 8d • S MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist Subject: City Council Consideration Item - Planning Commission Application No. 2000- 008 Date: May 17, 2000 On the May 22, 2000 City Council Agenda is Planning Commission Application No. 2000 -008 submitted by Clark Engineering Corporation (for Hennepin County) requesting rezoning from R -7 (Multiple Family Residence - Six or More Stories) to C -1A (Service /Office - No Height. Limit) a 3.352 acre parcel of land south of land adjacent to the Hennepin County Regional Service Center Attached for your review are copies of the Planning Commission Information Sheet for • Planning Commission Application No. 2000 -008 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, Planning Commission Resolution No. 2000 -01 and other supporting documents. This matter was considered by the Planning Commission at their May 11, 2000 meeting and was recommended for approval by the Commission through adoption of Planning Commission Resolution No. 2000 -01. It is recommended that the City Council, following consideration of this matter, approve the attached resolution relating to this application. 0 • Application Filed on 4 -13 -00 City Council Action Should Be Taken By 6 -12 -00 (60 Days) Planning Commission Information Sheet Application No. 2000 -008 Applicant: Clark Engineering Corporation (For Hennepin County) Location: West Side of Shingle Creek Pkwy at John Martin Drive Request: Rezoning • The applicant, Clark Engineering Corporation on behalf of Hennepin County, is requesting rezoning from R -7 (Multiple Family Residence - Six or More Stories) to C -1A (Service /Office - No Height Limit) of a 3.352 acre parcel of land located on the west side of Shingle Creek Pkwy at John Martin Drive, adjacent to and south of the Hennepin County Regional Service Center. The property in question is bounded on the west by a City owned 10.89 acre outlot that is primarily wetland, flood plain and wooded area; on the east and southeast by Shingle Creek Parkway with the State Farm Insurance Company office on the opposite side of the street; and the County Regional Service Center on the north. The property under consideration currently contains a part of a pond and the access drive servicing the Hennepin County Service Center. BACKGROUND The 3.352 acre arcel under consideration was part of a large triangular sha ed arcel that was P p g P parcel into its current configuration in 1994. A 10.89 acre parcel was also created at that time which is made up of wetland, flood plain and woods. This parcel (Outlot A, Amcorp Addition) was gifted to the City at that time. It was anticipated that Hennepin County might have an interest in the other parcel created at that time for possible future expansion or that this land would be used for some other development subject to an existing access easement over the parcel. No other access to the site was to be allowed. The County acquired the property and now seeks to rezone it to C -1A which is the same zoning classification as the Service Center property. Companion applications 2000 -009 and 2000 -010, have been submitted that include combining the property into a single lot and site and building plan consideration for the Service Center expansion. As a point of interest, the subject parcel and the adjacent 10.89 acre wetland was the original proposed site for the County Service Center and was rezoned to C -1A in 1976 to accommodate that use. It was later determined that the majority of the site was unbuildable due to soil conditions and wetland and the current County property was then rezoned to C -1A with the other property reverting to its previous R -7 zoning in 1977. The proposed rezoning is, thus, an expansion of that rezoning to accommodate a larger facility. 5 -11 -00 Page 1 • GUIDELINES FOR EVALUATING NG REZONINGS All rezoning applications are reviewed in light of the rezoning evaluation policy and review guidelines contained in Section 35 -208 of the city's zoning ordinance (attached). The applicant has submitted a letter (also attached) in which they comment on each of the guidelines. The following is a listing of the guideline, the applicant's comments and the staff response to each of the guidelines: A. Is there a clear and public need and benefit? The applicant indicates that there is a clear and public need noting the use of the Service Center has been increasing and additional building space is needed to meet the demand. We would concur with this comment and do see the expansion of the County Service Center to be a benefit to the public in accommodating additional needs that are serviced at the site. B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? • The applicant notes that they believe the proposed rezoning is both consistent and compatible with surrounding land use classifications noting that the Service Center property is currently zoned C -1A. They point to properties immediately east of Shingle Creek Parkway which contain commercial retail uses and that the property south and west of the subject property are wetlands and part of the Shingle Creek flood plain. Again, we would concur with the applicant's comments about the consistency and compatibility with surrounding land use classifications. Furthermore, the C -1A zoning designation fits well with the high rise residential to the north of the County Service Center and the Service Center itself ties in well with the Shingle Creek green strip and park areas to the west. In fact, trail connections to the County Service Center tie into existing trails within this area. The City has long believed that the land uses lying west of Shingle Creek Parkway are most appropriately service /office and the existing multiple residential rather than the more intense C -2 or commercial retail land uses. The proposed rezoning and use of the property by the County is consistent with that concept. Furthermore, the City's recently revised and updated Comprehensive Plan designates this particular parcel for public and semi - public use which is the same Comprehensive Plan designation for the County Service Center and the City Hall/Community Center parcels. The proposed rezoning can, therefore, be considered consistent with the Comprehensive Plan recommendations. • 5 -11 -00 Page 2 • C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? The applicant notes that they are proposing to unify the zoning of County owned property in order to allow construction of the proposed County Service Center expansion. They also note that other uses permitted under the zoning ordinance will not be constructed on this parcel. The staff would comment that although the County does not intend to make full use of all of the uses allowed under the C -1A zoning district, that we still consider this guideline to be met. The land lying westerly of Shingle Creek Parkway in this area can accommodate various service/office uses and could, if developed as such, accommodate high rise office development which the C -1A zone acknowledges. It is the staffs opinion that the proposed C -lA zoning is the most compatible zoning designation given this site and surrounding sites. D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? The applicant indicates that they are not aware of any significant changes. That the library was constructed in the late 1970's and they assume adjacent properties had the same zoning as they do today. The area west of Shingle Creek Parkway between Interstate 94 and approximately County Road 10 was planned in the late 1960's and early 1970's. The City Hall complex was built in the early 1970's as was the high rise residential property to the south of the City Hall. Plans at that time contemplated high rise residential development along Shingle Creek between Shingle Creek and Shingle Creek Parkway. In the 1970's when Hennepin County became interested in developing a service center in this location, it was determined that such a use would be compatible . and appropriate in this location. As mentioned previously, the particular parcel being considered under this rezoning application was part of the original 13+ acres contemplated for location of the County Service Center. It did not work out and the site was moved to its current location. Also in 1994 when the large R -7 parcel was divided into two lots, one being basically unbuildable because of wetland and flood plain designations and the other being a buildable parcel, it was considered feasible that the buildable parcel might be added to the County property to accommodate a potential expansion. Obviously, rezoning of the property to a consistent zoning designation with the current property would be necessary. E. In the case of City initiated rezoning proposals, is there a broad public purpose evident? • 5 -11 -00 Page 3 This is not a City initiated rezoning proposal, rather a County initiated proposal. However, the staff does believe there is a broad public purpose evident in the rezoning in that it will accommodate a needed expansion to the County Service Center. F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? The applicant's answer is again affirmative. They note that they believe that the property will conform to all applicable zoning requirements of the proposed district. The staff would generally agree and that is the subject of Application No. 2000 -010 which involves the site and building plan consideration for the proposed County expansion. G. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? The applicants respond that they believe the site is very small or perhaps too small for constructing a multi -story apartment building, parking and also the necessary storm water ponding that is required under the current zoning classification. They also note • that access for the Service Center crossees the site further reducing the developable area. The points raised by the applicant are pertinent. The size, configuration, topography, location and the access arrangement do make the combination of this site with the County Service Center site to be better for maximizing the use of the property. H. Will a rezoning result in the expansion of a zoning district, warranted by: 1. Comprehensive Planning; 2. The lack of developable land in the proposed zoning district; or 3. The best interests of the community? The applicants note that the rezoning, they believe, serves the best interests of the community, allowing expansion of the Hennepin County Regional Service Center. Again, the staff would concur that the proposed expansion appears to be in the best interests of the community. Also, as mentioned previously, the proposed rezoning is consistent with the City's Comprehensive Plan which calls for this area to be used in a public and/or semi- public nature. This Comprehensive Plan recommendation did acknowledge future County expansion plans. I. Does the proposal demonstrate merit beyond the interests of an owner or owners • 5 -11 -00 Page 4 • of an individual parcel? Again, the answer the applicants give is yes. They note that the interests of the community are served by the proposed rezoning which will permit expansion of the current service center. Again, the staff would concur with the applicant's comments and do believe that this proposal does demonstrate merit beyond the interests of an individual owner by providing public benefits with the expanded Regional Service Center. The rezoning evaluation policy and review guidelines also note that the City policy is that zoning classifications must be consistent with the Comprehensive Plan and rezoning proposals must not constitute "spot zoning ", which is defined as a zoning decision which discriminates in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principles. We find no significant conflicts with this policy as noted above in our review of the guidelines for rezonings. This proposal is consistent with the Comprehensive Plan and, we believe, is also consistent with good planning principles with the proposed use being consistent and compatible with existing surrounding land uses. We find no conflict with the proposal in this regard. PROCEDLTIZE • It is the City's practice with respect to rezoning applications for the Planning Commission to tY p P g PP g refer such requests to the Neighborhood Advisory Group for additional review and comment. The Planning Commission serves as the Neighborhood Advisory Group for the commercial and industrial area and, therefore, it is not necessary to seek advisory group comments. Notices have been sent to surrounding property owners and a notice of the Planning Commission's consideration of this rezoning request has appeared in the Brooklyn Center Sun Post. RECOMMENDATION All in all we believe the application is in order and would recommend approval of the rezoning application acknowledging its consistency with the rezoning evaluation policy and review guidelines contained in the zoning ordinance. Attached for the Commission's review is a draft Planning Commission resolution regarding the recommended disposition of Application No. 2000 -008 submitted by Clark Engineering Corporation on behalf of Hennepin County. • 5 -11 -00 Page 5 i Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 2000 -008 SUBMITTED BY CLARK ENGINEERING CORPORATION ON BEHALF OF HENNEPIN COUNTY. WHEREAS, Application No. 2000 -008 submitted by Clark Engineering Corporation on behalf of Hennepin County proposes rezoning from R -7 (Multiple Family Residence - Six or More Stories) to C -1A (Service /Office - No Height Limit) of a 3.352 acre parcel of land located on the west side of Shingle Creek Parkway at John Martin Drive; and WHEREAS, the Planning Commission held a duly called public hearing on May 11, 2000, when a staff report and testimony regarding the rezoning request were taken; and eP Y g g g q WHEREAS, the Planning Commission considered the rezoning request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, and in light of the recommendations of the City's Comprehensive Plan. • NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that Application No. 2000 -008 submitted by Clark Engineering Corporation on behalf of Hennepin County be approved in . consideration of the following: 1. The rezoning will allow for the appropriate expansion, renovation and redevelopment of the Hennepin County Regional Service Center which is considered to be a benefit to the public. 2. The rezoning proposed is consistent with the City's Comprehensive Plan for this area which calls for it to be used for a public or semi- public purpose. 3. The proposed C -lA zoning of the property is consistent and compatible with surrounding land use classifications. 4. All permitted uses in the proposed C -lA zone may be contemplated for development or redevelopment of the subject property. 5. The subject property will bear fully the ordinance development restrictions for the C- 1A zoning district. • Page 1 • 6. It is believed that the proposal is consistent with the guidelines for evaluating rezonings contained in Section 35 -208 of the Zoning Ordinance, is consistent with the City's Comprehensive Plan and is, therefore, in the best interests of the community. Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: • whereupon said resolution was declared duly passed and adopted. • Page 2 q rat %Fel Qttiria \ !1 10,4101.1+ MCI NI:: a ';..• \um 1 1 Z. I Fumy 1111 174,7 0 111 WID 1 ,,,, — va it . ii, oli --we M k Ai I WM AVE. N. m — • 1 . • ate 4 /, 440 i ____ qui .-i-.• .\ „, j . i 1 g it L Planning ,:..) I ....... ...... AllANIS WO illeiptiiw 4'll ■ 1 1 n i R R1 11111111b #4_ s ‘iNiii4r - * 1 . Illtwp / 1 .-----■ nutir. 1 44441 FREEWAY BLVD viner ritt.,, 41 r-s-"- . Invir . AI 111 11■■■ Inmr4 # 41, Avt in 11 ■ all'■ i • Ns' 11116 40 4 • 4 C2 1M_Inp. fi . Inw ■ \ HI 1 I I `1 I • • , ..A,.. !-W- 1 ' 11 , - r ICI 21 -- ------__.1 -11 '1111,1iqt140 Commission 1 itlk\ 7 6 "' 1' CRA1 1 1 1 1 1 I / lAif mi Application No. 2000-008 \ ,\ „ rift - intemo 1,... 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IS 12 s - . 1 t E fut . • C2 / fr.. 11 • % 0 a . . . 0 ," „. , Air r I= ...., ■ \I of a 13'75/Q X drum \ t . lit MN % 41-- 0■417 4110 % ■ — di Ma ) f i, 1111 li oy'L i - tilt A 4 • „Nit _ = ii. .1 ... ... . 1 ini = 0.4 ‘ 111 0 0 v" .. , , • . „E . ., . '1. Z --.- • 1: = /I : e -:H I $ \ \ \ rw outa xts w elt .. ..-- • K II. < WIN E L-1 $ moo A A -A 2 mu= _ Ri " I If I L—I I 1 1 - --"" ; h ,Nolri-Ti-T- 11 TRITI rn TT ,, City of Brooklyn Center • Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. Purpose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policy It is the policy of the City that: A. Zoning classifications must be consistent with the Comprehensive Plan, and, B. Rezoning proposals will not constitute "spot zoning ", defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedurg Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed collectively' or individually as deemed by the City. 4. Guidelines • A. Is there a clear and public need or benefit? • • B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E. In the case of City- initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning • districts? G. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1. Comprehensive planning; 2. The lack of developable land in the proposed zoning district; or, 3. The best interests of the community? I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual 410 parcel? Section 35 -208 • April 13, 2000 Mr. Ronald Warren City of Brooklyn Center C � 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 ENGINEERING RE: Rezoning of Lot 1, Block 1 CORPORATION Amcorp Addition Clark Project No. C99030 Dear Mr. Warren, Hennepin County is requesting that Lot 1 Block 1 of Amcorp Addition be rezoned from 114 to CIA. The County constructed a Regional Service Center on the adjacent parcel, R.L.S. No. 1543 several years ago. Growth in the demand for services that are provided at this location has caused the County to look at expansion plans. The proposed plans will move the existing stormwater pond from the library parcel on to this rezoned parcel and new parking will be placed there also. We have reviewed the City Zoning Ordinance regarding the requirements for rezoning Consulting Engineers and will address each of the comments below: erveyors 1. Is there a clear and public need? Yes, there is a clear and public need. Use of this service center has been increasing and additional building space is required to meet the demand. 2. Is the proposed zoning consistent with and compatible with surrounding land use classifications? Yes, the current service center is zoned CIA. The properties immediately east of Shingle Creek Parkway are retail properties with similar building configurations to the building addition proposed by the County. The properties south and west of the subject property are wetlands and form part of the Shingle Creek flood plain. Equal 3 . C all Opportunity permitted uses in the proposed zoning district be contemplated for Employer development of the subject property? No. This application is for unifying the zoning of County owned property and to allow construction of the proposed expansion. The subject parcel will have the new stormwater treatment pond and parking for the building expansion. Other uses permitted under the zoning code will not be constructed on this parcel. 4. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? The applicant is not aware of any significant changes. The library was constructed in the late 1970's and the adjacent properties • appear to date from the same period. 621 Lilac Drive North Minneapolis, MN 55422 Phone (612) 545 -9196 Fort Myers Aberdeen Sioux Falls Rapid City Page 2 Rezoning of Lot 1, Block 1 • Amcorp Addition Clark Project No. C99030 5. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? Yes. The property will conform to all applicable zoning requirements of the proposed district. cLINRK ENGINEERING 6. Is the subject property generally unsuited for uses permitted in the present zoning C O R P O R A T I O N district, with respect to size, configuration, topography or location? Yes. The site is very small for constructing a multi -story apartment building, parking and stormwater ponding as required by the current zoning classification. The access for the service center crosses the site, further reducing the developable area. 7. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive planning; 2) lack of developable land in the proposed zoning district; or 3) the best interests of the community? The rezoning serves the best interests of the community, allowing expansion of the County Regional Service Center. 8. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Yes. The interests of the community are served by the proposed rezoning which will permit expansion of the current service center. We have demonstrated need and merit for this rezoning application and have met all of III the guidelines listed in the zoning code. Please place this application on the planning commission agenda. Please feel free to contact us if additional information is required. Sincerely, CLARK ENGINEERING CORPORATION Leonard L. Linton, P.E. Senior Project Engineer LLL /nkw 99030_1.doc Enclosures 1 0 . . . . . 1 (1111 191 il 's's's.: ''''..., •••,,,, ' ... , /4y t ... .. ,,,,, ASSICIA1E11 's•••• 1.1.3."Zreta '••■,.,, • .' ......... ...... • 0 .*".4 „,..................... . ann.; fier" IIMIM rilir 1 , . IT / 11 C.:: ------ i I I ill I p i ri II I/ 11 . . II/ 1 ii . , / CURRENT ZONING CIA 1 !Ili Ii p PROPOSEb ZONING C 'I A 1/ i / /1 , , ' i 1 / O. • I it 1 ( i 1 f • If 1 4 I I A . 1 il / ' . I 6100 Ira Mod 13111036 ICY an ramie ow Rea . .. f? 7 1OURRENT ZONING liff 1 PRuPOSED ZONING C 'I A , / ....... =-.. ......,.... . ---.... . . N ' fr.rific? / ../ ./.::-"' ..,... / .. -.. Ns. N . • i"°4 cspness w rirneem .•• / \ „ .., „,. .• , . . .. / .• a .." .. / J. atir _ftelwel Claw ../ • LortsM. IAN= ..' .// M V ,..../ / „../ "../.. RFBON ...„, .. ...... ... 1 . / ,-, ... .. 4.[ *Pi ......" , - - 3 10el : III / . • fte,..... c-Rzolo ' MAD Af . Member Rex Newman introduced the following resolution and moved • its adoption: PLANNING COMMISSION RESOLUTION NO. 2000 -01 • RESOLUTION- REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 2000 -008 SUBMITTED BY CLARK ENGINEERING CORPORATION ON BEHALF OF HENNEPIN COUNTY. • WHEREAS, Application No. 2000 -008 submitted by Clark Engineering Corporation on behalf of Hennepin County proposes rezoning from R-7 (Multiple Family Residence - Six or More Stories) to C-1A (Service /Office - No Height Limit) of a .3.352 acre parcel of land located on the west side of Shingle Creek Parkway at John Martin Drive; and • WHEREAS, the Planning Commission held a duly called public hearing on May 11, 2000, when a staff report and testimony regarding the rezoning request were taken; and WHEREAS, the Planning Commission considered the rezoning request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, and in light of the recommendations of the City's Comprehensive Plan. • NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that Application No. 2000 -008 submitted by Clark Engineering Corporation on behalf of Hennepin County be approved in consideration of the following: 1. The rezoning will allow for the appropriate expansion, renovation and redevelopment of the Hennepin County Regional Service Center which is considered to be a benefit to the public. . 2. The rezoning proposed is consistent with the City's Comprehensive Plan for this area which calls for it to be used for a public or semi- public purpose. 3. The proposed C-1A zoning of the property is consistent and compatible with surrounding land use classifications. 4. All permitted uses in the proposed C -1A zone may be contemplated for development or redevelopment of the subject property. 5. The subject property will bear fully the ordinance development restrictions for the C- 1A zoning district. :.410 • Page 1 6. It is believed that the proposal is consistent with the guidelines for evaluating rezonings contained in Section 35 -208 of the Zoning Ordinance, is consistent with the City's Comprehensive Plan and is, therefore, in the best interests of the community. 6. 7% . //c9cs Date Chair (... t " .; Secretary The motion for the adoption of the foregoing resolution was duly seconded by member - • Seah Rahn and upon vote being taken thereon, the following voted in favor thereof: Chair Tim Willson, Stephen Erdmann, Rex Newman, Sean Rahn, Dianne Reem, John Whitehead and the following voted against the same: ID whereupon said resolution was declared duly r " p y passed and adopted. • Page 2 • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2000 -008 SUBMITTED BY CLARK ENGINEERING CORPORATION ON BEHALF OF HENNEPIN COUNTY. WHEREAS, Planning Commission Application No. 2000 -008 submitted by Clark Engineering Corporation on behalf of Hennepin County proposes rezoning from R -7 (Multiple Family Residence - Six or More Stories) to C -1A (Service /Office - No Height Limit) of a 3.352 acre parcel of land located on the west side of Shingle Creek Parkway at John Martin Drive; and WHEREAS, the Planning Commission held a duly called public hearing on May 11, 2000, when a staff report and testimony regarding the rezoning request were taken; and WHEREAS, the Planning Commission recommended approval of Application No. 2000 -008 by adopting Planning Commission Resolution No. 2000 -01 on May 11, 2000; and WHEREAS, the City Council considered the rezoning request at its May 22, 2000 meeting in light of the report received, testimony given, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, and in light of the recommendations of the City's Comprehensive Plan and the Planning Commission's recommendation NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2000 -008 submitted by Clark Engineering Corporation on behalf of Hennepin County be approved in consideration of the following: 1. The rezoning will allow for the appropriate expansion, renovation and redevelopment of the Hennepin County Regional Service Center which is considered to be a benefit to the public. 2. The rezoning proposed is consistent with the City's Comprehensive Plan for this area which calls for it to be used for a public or semi- public purpose. 3. The proposed C -1A zoning of the property is consistent and compatible with surrounding land use classifications. 4. All permitted uses in the proposed C -1A zone may be contemplated for development or redevelopment of the subject property. • 5. The subject property will bear fully the ordinance development restrictions for the C- 1A zoning district. • 6. It is believed that the proposal is consistent with the guidelines for evaluating rezonings contained in Section 35 -208 of the Zoning Ordinance, is consistent with the City's Comprehensive Plan and is, therefore, in the best interests of the community. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • Page 2 • City Council Agenda Item No. 8e • • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist Subject: City Council Consideration Item - Planning Commission Application No. 2000- 009 Date: May 17, 2000 On the May 22, 2000 City Council Agenda is Planning Commission Application No. 2000 -009 submitted by Clark Engineering Corporation (for Hennepin County) requesting Preliminary Plat approval to combine two parcels of land into a single parcel to accommodate the expansion of the Hennepin County Regional Service Center. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2000 -009 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 May 11, 2000 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the recommendations of the Planning Commission. S • Application Filed on 4 -20 -00 City Council Action Should Be Taken By 6 -19 -00 (60 Days) Planning Commission Information Sheet Application No. 2000 -009 Applicant: Clark Engineering Corporation (For Hennepin County) Location: West Side of Shingle Creek Pkwy Between Summit and John Martin Drives Request: Preliminary Plat The applicant, Clark Engineering Corporation on behalf of Hennepin County, is seeking Preliminary Plat approval to combine two parcels of land into a single parcel to accommodate the expansion of the Hennepin County Regional Service Center which is located at 6125 Shingle Creek Parkway. The properties in question are Tract A, RLS 1543 (6125 Shingle Creek Parkway) the site of the current County Service Center, and Lot 1, Block 1, Amcorp Addition, which is a vacant 3.352 acre parcel of land south of the County Service Center which contains part of a pond and an access drive serving the Service Center. The County Service Center is zoned C -lA and the vacant parcel is the subject of a requested rezoning to C -lA under Planning Commission Application No. 2000 -008. The County Regional Service Center is a permitted use in the C -lA • zoning district. As mentioned the current legal description of the properties is Tract A, RLS 1543 and Lot 1, Block 1, Amcorp Addition. The new proposed legal description would simply be Lot 1, Block 1, of a yet unnamed plat. Lot 1, Block 1, Amcorp Addition is 146,020 sq. ft. or 3.352 acres in area. Tract A, RLS 1543 is 435,536 sq. ft. or 9.998 acres in area. Once combined the lot would be 13.35 acres and is proposed to house an expanded Hennepin County Regional Service Center containing court services, licensing, social services and an expanded library. The combining of these two lots will make it possible to eliminate a 50 ft. wide driveway easement that exists for access purposes from the John Martin/Shingle Creek Parkway intersection to the County Service Center. The applicants, as part of the renovation plan, also propose to relocate the existing pond to the southerly portion of the combined lot. Because this property is over five acres in area and is adjacent to Shingle Creek, it is required to be reviewed by the Shingle Creek Watershed Management Commission. The applicant, as mentioned, plans to relocate the existing pond and to meet Watershed ponding requirements in the new ponding area. This matter has yet to be reviewed by the Shingle Creek Watershed Commission, but should be accomplished within the near future. The first phase of the County renovation/expansion project is the pond relocation and some driveway modifications. They • 5 -11 -00 Page 1 • plan to accomplish this work this summer and to begin construction on the Service Center expansion in the Spring/Summer of 2001. The City Engineer is reviewing the preliminary plat. He has indicated some minor utility concerns relating to the water main and storm sewer. He has requested the applicant to provide him with storm water calculations and has reminded them about the need to submit an application for the Watershed Commission review. A public hearing has been scheduled for this preliminary plat application and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. RECOMMENDATION The proposed preliminary plat appears to be in order and approval of this application is recommended provided the rezoning comprehended under Planning Application No. 2000 -008 is approved and subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The storm water drainage system and the design of the water detention facility are subject to the review and approval of the Shingle Creek Watershed Management Commission prior to final plat approval. 4. Ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement documents shall be executed and filed with Hennepin County as part of the final plat. • 5 -11 -00 Page 2 ,1 4 � _ 1 � It t \ � , ' \ 1 R 66TFL A ve N. ,,, ` ,_ Aly, MIAOW _ is PARKWAY ,,,,, l \ in:, , - -7 �.1.5r! =all MI AVE N • �1 1 11 n PCKN . \ • 67114. AVE N. I 1 I � 1111�I II III► ' " /� ;,, 1 i � � �� 1 11111 .` l 1. y 'AT JAM. um � i•►i„ - -� ��� < : IIIE �j x #41 / 111 C R R1 1111 .,. ��� �� . . I � � PREEWArNlw NW da 1 I II AVE N *L I f - �tttA 111 I 1t'* b ii11 11 1 111 j, p Lt-i .. 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C -RP02 • hi RP; ' 8 1Y & • _ t ±: 1 a g i F t: k i ia� i 1 r - ------ i / ' • 0 • • i \ \ , , , r • 0 ) , ,� , O ` a 4 , , , 1 • 1 e 1 • City Council Agenda Item No. 8f • • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist Subject: City Council Consideration Item - Planning Commission Application No. 2000- 010 Date: May 17, 2000 On the May 22, 2000 City Council Agenda is Planning Commission Application No. 2000 -010 submitted by Clark Engineering Corporation (for Hennepin County) requesting Site and Building Plan approval for the remodeling and expansion of the Hennepin County Regional Service Center, 6125 Shingle Creek Parkway. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2000 -010 and also an area map showing the location of . the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their May 11, 2000 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the recommendations of the Planning Commission. i • Application Filed on 4 -27 -00 City Council Action Should Be Taken By 6 -26 -00 (60 Days) Planning Commission Information Sheet Application No. 2000 -010 Applicant: Clark Engineering Corporation (For Hennepin County) Location: 6125 Single Creek Parkway Request: Site and Building Plan Approval The applicant, Clark Engineering Corporation on behalf of Hennepin County, is seeking site and building plan approval for the remodeling and expansion of the Brookdale Regional Service Center located at 6125 Shingle Creek Parkway. The property in question is the site proposed to be combined into a 13.35 acre parcel of land under Planning Commission Application No. 2000- 009 and contains the existing County Service Center and vacant land to the south. The property would be zoned in its entirety as C -lA (Service /Office - No Height Limit) if Planning Commission Application No. 2000 -008 is approved. The property is surrounded on the north by R -7 zoned property containing the Shingle Creek Towers apartment complex; on the west by the Shingle Creek green strip, Central Park, and a vacant city owned parcel of land zoned R -7 which is made up of wetlands, flood plain and • woods; on the east and south by Shingle Creek Parkway with the Target/Shingle Creek Center and the State Farm Insurance Company office on the opposite side of the street. The County Service Center and Library are permitted uses in the C -1A zoning district. The applicant's plan calls for the expansion (almost double) of the County Regional Service Center which contains court services, licensing, social services and the library. The plan also calls for the relocation of an existing pond on the site and an expansion of parking facilities to the south and east. The expansion would be accomplished in two phases, the first being the grading and relocation of the pond and driveway /entrance improvements to be completed this summer with the building expansion and remodeling to begin in the Spring/Summer of 2001. ACCESS/PARIUNG Access to the site will be at the same existing locations. The north access is a shared access with the Shingle Creek Towers apartment complex and it is located at the intersection of Shingle Creek Parkway and Summit Drive. The south access is at the intersection of Shingle Creek Parkway and John Martin Drive. Alterations to these access points will need to be accomplished in order to accommodate the building expansion which will be to the east and south of the existing building. Modifications to center island deliniators at both the north and south access points are necessitated by the expansion. The new parking facilities will be to the east of the expanded building in an area that once housed prairie grass and a pond. As mentioned 5 -11 -00 Page 1 previously, the pond will be relocated to the south portion of the site and will occupy the majority of the new lot which is to be attached to the existing county lot. The plans submitted show the expanded building gross floor area to be 111,150 sq. ft. The expanded parking which will be to the south and east of the new building will provide parking for 523 vehicles. The parking lot will also be expanded in the northwest corner of the site. The 523 parking spaces to be provided exceed the minimum parking requirements for a service /office building of this size. The parking formula for a building this size requires one parking space for every 246 sq. ft. of gross floor area. The zoning ordinance allows for a reduced parking formula for buildings that are over 20,000 sq. ft. in area. The parking will be distributed throughout the south and east portions of the site with the largest portion of parking located out from the two main entrances to the regional facility. B -612 curb and gutter is required around all parking and driving areas and is noted on the site plan. A drop off area on the south side of the building between the two entrances will contain surmountable curb. Handicap parking facilities are provided by the library entrance and the licensing center entrance on the south side of the building. The layout seems to indicate that the primary access to the facility will be at the intersection of John Martin Drive and Shingle Creek Parkway. An employee only parking facility is located at the southwest corner of the building and is proposed to be enclosed with a 6 ft. high chain link fence. A security garage is located on the west side of the building adjacent to the court services part of the complex and is there for transporting prisoners. This is the reason for the security fence adjacent to the Shingle Creek trail and green strip area. • GRADING /DR R AINAGE/i LITIES The applicant has provided a grading, drainage and utility plan which is being reviewed by the City Engineer. His written comments are attached. Briefly, he has indicated there is a small problem with respect to how the water system is designed. Also, there is an issue with the storm pond which is now being diverted into the city's storm interceptor and is not acceptable. The City Engineer has requested that he be provided with storm drainage calculations. The applicant's drainage and ponding plan is subject to review and approval by the Shingle Creek Watershed Management Commission. This matter will not be able to be reviewed by that body until at least their June meeting. Storm water will be collected on the site through the use of catch basins and storm sewer which will convey water to the newly constructed holding pond on the south end of the site. The applicants have provided a proposed alternate trail layout to connect trails on the site to those in the Shingle Creek green strip. This is being reviewed by the Public Works Director who may have additional comments with respect to this facility. An erosion control plan has been submitted showing silt fencing around the east, south and west perimeters of the site. The utility plan shows water lines, sanitary sewer and storm sewer lines which will be removed and the location of new water, sanitary sewer and storm sewer locations to accommodate the new and expanded facility. • 5 -11 -00 Page 2 LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This 13.3 acre site requires 1,078 landscape points. The applicant's proposal involves the elimination of some existing landscaping due to the expanded parking lot and pond relocation. The new proposal provides 1, 104.5 landscape points with a variety of trees and plantings. The plan calls for 560 landscape points in shade trees, 240 landscape points in evergreen trees, 121.5 points in ornamental trees and 183 points in shrubs. The landscaping is spread out evenly over the site with trees and shrubs along the 35 ft. green strip area adjacent to Shingle Creek Parkway. This area also includes a meandering sidewalk in this location. The plan calls for trees on island areas including Little Leaf Linden, Canada Red Cherry, Spring Snow Crab, Thunderchild Crab and Amer Maple. Plantings along the Shingle Creek green strip . include Royalty Crab Apple, Northwood Red Maple, Autumn Purple White Ash, Arcadia Juniper, Eastern White Pine and Canada Red Cherry. Plantings around the perimeter of the building include White Spire Birch, Thornless Cockspur Hawthorne, Autumn Purple White Ash, Spring Snow Crab, Summit Ash, Norway Maple and Austria Pine. Evergreen trees such as Austrian Pine, Scotch Pine and Black Hills Spruce surround the northwest parking lot along with Techny Arborvitae. Overall there are 56 over story trees, 48 evergreen trees, 81 ornamental trees and 366 shrubs. Perennials, such as Stelladora Day Lilies and Fountain Grass will be planted as well. • BUILDING As previously mentioned, the building addition will be to the east and south of the existing building. It is the applicant's intention to expand the building and utilize existing space complimented by the additional new office space. Two prominent features in the new facility will be circular entrance areas, one by the court facilities and the other by the new library facilities. A serpentine main street within the building will connect the licensing services at the south end of the building through the court services and social services and then to the new, expanded library area. The exterior of the facilities will include new building additions which will be primarily a red tone brick and stone base. The north and west elevations will also include the existing brick on the building. The library section of the new addition will be primarily "azur lite" tinted low -E insulated glass in prefinished aluminum frames. The main street feature will be prominent also as it extends above the main height of the building. LIGHTING/TRASI A lighting plan has been submitted indicating the proposed lighting will not exceed the foot candles authorized under Section 35 -712 of the zoning ordinance. Approximately 27 light poles will be located around the perimeter of the building and in the parking lot, some containing double lights, others containing a single light on a pole. • 5 -11 -00 Page 3 The plans do not show a specific location for trash containers, however, it is anticipated that they will be located on the northerly, or rear side of the building. These facilities will be required to be screened using materials compatible with the building. RECOMMENDATION Altogether the County's plans appear to be in order and the proposal is considered to be an attractive and much needed expansion to the Regional Service Center. Approval of the application is recommended subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment • shall be appropriately screened from view utilizing material that is compatible with the building. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas with the exception of the front entrance area which will be allowed to have surmountable curb to assist as a drop off area. 9. The applicant shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. • 5 -11 -00 Page 4 • 10. 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. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 12. The storm water drainage system and ponding areas shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits, including grading and drainage permits for this project. 13. An easement description over the proposed pond shall be submitted to the City and the easement shall be executed and filed with the title to the property at Hennepin County prior to issuance of permits. 14. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 15. A driveway and utility permit from the Engineering Department shall be required for work within the Shingle Creek Parkway right -of -way. III 16. The final plat combining this site into a single lot shall be approved by the City Council and filed with the County prior to the issuance of permits. • { 5 -11 -00 Page 5 i 'l LI IWO %, is WrglArA . WIDABOLO EMMY 1 1111//6 0 lo 1 ---- 0%1 ar 0 AVE N _ PARK — nun — — /41 77 %Ci■ — STAMM O AWN. / .1 milleguN '' II M R 1\ ,, i " 17 --"". • I 1 J ] FFIEEWAY BLVD 2 R1 Z411. W. .. IIIIIImp %.4 IIIIII*,... - A vih, g AVER. 41111%* i -TsTrivi I4 14,„ 6 jai t(;0 < - 1 : : uno%_ 4 111 1r _ rmynTh ne Avk • 4 ';_ In k Huy 7 al ffittii I - _,W th6 x _ writ 411 to& ■ _ L I . fn Mr C2 1 nii-tithialx u11 • RD . r ,., Million Planning Commission t .... S. 03RD. AVE N 1 II I I I I I I I I I I 1 811 1 aitila App Nos. 2000-009 di 010 iqqa II 4 oft, ----- Vf I % MI 1 von no 1 , . 7 ,‘ 1 - lau m14 4 1• 41"11111111 1 / - / ' C2 N N ‘ i IA EARLE BROW • (1 4 • A fa g lib a a 4 , . . ' RERRAGE ! I AV -Pi 'MM 4l'e Ei Aram R7 ; CENTER . Ri t =NM= 11111, mini -} I f i t ) ' GAMER \ ftl A ' 1 ,! s 1 CIA iD4c mg. '' imini jp, ary • 1( soma 4 . i ■ • A ti r 2 Itilitha ' . 41 . P B/ i f . OVA 61ST VE N . F Ulla IMMI 1.1111 NM MIME MI 0 A WINIS MEIN INIIIN NMI MEI ry p . ams „mn ZS MC MI: Inn labelll .... ulta. u_Anta ..... en" — . ...._z SCHOOL El 111 HI a_il al Et: g3 i r ... 'Jo raln fag fmi •••• --I 1 1Fr:1g-I ii . 1.1.• mitz ■ A DR. I ME ISM MS 1111 A At R5 = ) :1 'IA LIIIJI \ , "%ks.„, "'-' . RIP A N. NI MI SIM - NM low - I -- < — MIR 1 • ..pv 4' = 1 qi _ — Itel\ o r ..., _ ARK 0111ma I t r im , B-0 1c3iPQ . .0.5 ■ *AIR ii — qp. _e. 4.,■4 _r, - R4 ,TS — 6 II III 0 ',L - .1> A• V i 4 1 Noiso:ooLmpon ili \\ 11 0 114 . 0 , z. ( 4611* A • 4 It I MI ERICOR Id 4 01 g = ..1 — im NI NI l ' I me 4 - I CM ft, ,,-: - lifiW))))V■ -- I-: i'l . t I \\11 v i „mu 55D1 AVE N I Illsr I g • NI $ r 2 7 ot 1 a _,-.: 1114 . : PARK Milliom ..' Milk iliailk4 f In es -oic 2 in < H V a I E. ..-__, 0 4 -i. xr" Gr4 ow klw•N • ' ' \ \ ■ C1.1 N. It CII Ill -- 1 - EE °I s' 1 111111611w• La... \ , A r Emma ULAC DR. N. ' i - § g :11. It 111 I S3RD EN. LI a ' 1 i _ 2 i ...,1 \ . IR4 = I — — L. I '' '. r. -.: - im. 8 I ' L-I f S 7 11 rfl [11 T r--1-1 7 FP 1 1 R H11 R • MEMORANDUM DATE: May 1, 2000 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Howard, City Engineer SUBJECT: BROOKDALE REGIONAL CENTER The Public Works Department has reviewed the preliminary plat and subject civil drawings dated 4- 27 -00. 1. Storm water runoff from the existing site is generally directed towards Shingle Creek. The proposed plan of re- directing runoff from the site into the City's storm sewer interceptor is not acceptable as submitted. Drainage calculations and details of the overflow have not been provided. Hennepin County should be made aware that review from the West Mississippi Watershed and Shingle Creek Watershed will be required. 2. The ponding area will require an easement. An easement description over the proposed pond should be submitted to the City and the easement should be executed and filed with Hennepin County, prior to issuance of permits. 3. The property owner is required to enter into an agreement for maintenance and inspection of storm drainage facilities, prior to the issuance of permits. 4. A Driveway and Utility permit will be required for the work within the Shingle Creek Parkway right -of way. 5. The City shall be notified 48 -hours in advance of all testing including bacteriologic testing and Hydrostatic Testing. Point of contact is Mark Hartfiel, Supervisor of Public Utilities, at 612 -585 -7103. 6. The following note should be added to the utility plan "connect to existing water main and remove tee." 7. Mega -Lugs are to be used at all water main connections. • 8. Hydrants shall be Waterous Pacer model WB -67 -250 with an 8 -foot bury and a 16 -inch break off. • 6 • 9. All water main is to be poly wrapped. 10. The rock construction entrance should be located behind the concrete sidewalk. The sidewalk should remain open for pedestrians until entrance is paved. Item 1 is a significant issue. Modifications to the drainage plan could alter the site plan. Consideration should be given to making any approval conditional to acceptance of the plan by both waterheds. • • Hennepin • Co Moon i �: �Wd Wj s ti . , 1 ► , • _ , rswrr \ ? � s� r ' r- iil rr ■ .z, iir ( A. 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I.' , • •- , • • • 1 ' ''''''-.*: - . . . , 1-• . • • . " •• 1••°, •4'.ii.VZ:k•Fit4;*•gf, .1 1 .•-- ' . t n / • • ..:.* I •let:t1Z4.4Y4 s;' :'!; .. .. ''? V ' • • , •••••,:.,. ,..f , • • • • • ' -. . • • .. .-. • . ? ..: ! At . rf.r.. a 4 ,... w , •,..j...,,,J,, 4. i.,1,.: • • 0..:. ;....1..r. ;.:.... ...?0?..., .. . . . 0 t \ ' s :. • :e:. . • • • • WPECI VT CATILOIN HOUSING A one-piece die cast aluminum housing mounts A mogul base lampholder is glazed porcelain with a nickel directly to a pole or wall without the need for a support arm. The plated screw shell. Position- oriented sockets are supplied (41) low profile rounded form generates wind loading requirements standard to accept Super metal halide lamps. All units feature of 1.2 EPA lamp stablizers except 150 HPS. LENS ASSEMBLY: A single -piece die cast aluminum lens ELECTRICAL: All electrical components are UL recognized, frame hinges down from the housing and is secured by a factory tested. and mounted on a unitized plate with quick stainless steel lanyard and hinge pin. electrical disconnects. Each high power.factor ballast is the separate component type capable of providing reliable lamp An optically clear, heat and impact resistant tempered flat glass starting down to -20 °F. lens is mechanically secured with eight retainers. The electrical and optical chambers are thoroughly sealed with a one -piece memory retentive hollow core EPDM gasket to prevent intrusion FINISH: Luminaires are finished with a fade and abrasion by rain, dust and insects. resistant, electrostatically applied, thermally cured TGIC powder coat. Units are thoroughly cleaned and provided with a patented chromate acid pretreatment. • OPTICAL SYSTEMS: The segmented optical systems are . manufactured from homogenous sheet aluminum which has LABELS: All fixtures bear UL and CSA Mere applicable) wet been electrochemically brightened, anodized and sealed. The location and I.B.E.W. labels. . multifaceted arc image duplicating systems are designed to • produce IES Types 1 (1), 2 (2XL). 3 (3XL),.4 (4XL). and 5 (f1). Witco reserre ;•e right to change materials ^a motif; ;'e design or its predu: wiLtiow 6cri5c3004 as part of the comany'S continuing product is With the 2XL, 3XL and 4XL luminaires, the reflector facets form ;, rpro „ :;i; , ra przram. oaten aria optical patents are ::rains. a conical fan around the arc tube with each facet positioned to be precisely tangent to the top of the arc tube. C) • IC MC NT S I[ 0 Ni e..)' • _ I -tea 31.5' ••- . 4411 --- 18.0' -- - r' - i •(1ncudss integral arm) I 511.7" 2.: :' .' . . :• • ..-. • , 11.5' y 7 E.P.A. (S4.FT.) 1 -way —1.2 . • a,• V- .��s�::� •_ fir. - 0 2 -way — 2.4 f + ` n' J --.` 4 -way — 3.2 I • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Spec alis�?6 DATE: May 18, 2000 SUBJECT: Addendum to Planning Commission Application No. 2000 -010 We are in receipt of a May 17, 2000 letter from Mark Merrill of Hennepin County who is the architect/project manager for the Hennepin County Regional Service Center expansion and remodeling in Brooklyn Center (attached). Mr. Merrill is requesting the City Council to consider waiving condition #3 of the recommended approval for Planning Commission Application No. 2000 -010. This condition requires a performance agreement and financial guarantee to assure the completion of site improvements proposed for the project. Section 35 -230 subdivision 3 of the City's zoning ordinance indicates that the City Council may • require such an instrument to assure completion of site improvements. The provision is not an absolute requirement, but the City has, as a matter of practice, required such a provision in, generally, all instances. A notable exception has been the Brooklyn Center and Osseo School Districts which have assured the City Council that the improvements will be completed without a financial assurance. In these cases only the performance agreement was required. It is recommended that the City Council when considering the site and building plan for Hennepin County (Application No. 2000 -010) modify condition # 3 by deleting reference to a "financial guarantee" and only require Hennepin County to execute a performance agreement. • 5' H ennepin Count 411 An Equal Opportunity E pp ty mploy er May 17, 2000 Mr. Michael McCauley, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Site Work Performance Agreement Guarantee Site and Building Plan Approval Planning Commission Application No. 2000 -10 Hennepin County Brookdale Regional Center Expansion/Remodeling HC Project No. 0031461 Dear Mr. McCauley: We are very pleased with the effective and expeditious manner in which the County's proposal to expand the Brookdale Regional Center is being received by the City of Brooklyn Center. We attended the Planning Commission Meeting May 11, 2000 at which the Planning Commission reviewed the proposed plans and voted to recommend to the City Council that our application be approved. I'm writing to request that one of the conditions upon which approval is to be subject be waived. The condition is that the applicant (Hennepin County) provide a financial guarantee supporting a performance agreement prior to the issuance of permits, to assure completion of site improvements. As a public official, I understand and respect the wisdom in requiring such a financial commitment from any individual or organisation applying to gain a permit to significantly alter land within the jurisdiction of a political entity. We feel in this instance, however, that there are circumstances which reduce the need for such a requirement. Our understanding is that the amount of the financial guarantee is typically equal to 50% to 60% of the estimated value of the improvement. In this case, the estimated value is approximately $1.7 million. • Property Services Department A -2208 Hennepin County Government Center Recycled Paper Minneapolis, Minnesota 55487 -0228 (612) 348 -2852 FAX: (612) 348 -3492 R:\A2208 PS\Desigr & Constructio n\Staf\Merrill\Brookdale\Letters \waiver reqst - site prfor nnce bond 5- 16- 00.doc . The method used to finance Hennepin County capital projects is such that to provide such a guarantee, the project scope would now need to be reduced somewhat, to either pay for an actual performance bond or to remove the amount of the financial guarantee from the funds intended to pay for construction and equipment, until such time it was returned by the City, following satisfactory completion of the site work. It is not in the interests of the citizens of Hennepin County or Brooklyn Center to incur the administrative expense of a bond or an escrow. Reasons for such a waiver, in addition to that noted above, include the following: 1. Hennepin County has a reputation as a public organization having a strong commitment to providing quality building projects which have always been credits to the communities within which they're located. 2. The likelihood of financial default by Hennepin County in general or on this project specifically is so small as to be negligible, thereby making a financial guarantee backing up a written performance agreement unnecessary. 3. The project has been fully funded by County Board Resolution No. 00 -2 -143. 4. Hennepin County will require a Performance Bond from the Contractors engaged in the construction of the project. We appreciate the consideration of you and City Council members regarding this matter. Sincerely, • Mark Merrill — Architect, Project Manager c. Ron Warren, City of Brooklyn Center Tom Dunwell, Buetow and Associates, Inc. Leonard Linton, Clark Engineering Corporation Greg Karr, Hennepin County Property Services Judy Hollander, Hennepin County Property Services David Lawless, Hennepin County Office of Budget and Finance Jerry Weiszhaar, Hennepin County Office of Budget and Finance • R:\A2208 PS\Design & Constmction \Staft\Merrill\Brookdale\Letterss \waiver reqst - site prfonnnce bond 5- 16- 00.doc MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 11, 2000 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:34 p.m. ROLL CALL Chair Tim Willson, Commissioners Stephen Erdmann, Rex Newman, Dianne Reem, and John Whitehead were present. Commissioner Sean Rahn arrived at 7:40 p.m. Commissioner Graydon Boeck was absent and excused. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Sara Beck. APPROVAL OF MINUTES — APRIL 27. 2000 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the April 27, 2000 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. 2000-005 — CHARLF,S AND VIVIAN CLOUTIER Chair Willson introduced Application No. 2000 -005, a request to resubdivide and a variance from Charles and Vivian Cloutier who reside at 5318 62' Avenue North. He explained that the applicants are seeking approval to uncombine, or resubdivide, two of the three underlying lots and a variance to allow a subdivision of land by a metes and bounds description rather than by a formal plat. It was mentioned that the purpose of this request is to re- establish underlying lots in order to create two lots, which can be sold and used separately. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Informatin Sheet dated 5/11/00 for Application No. 2000 -005 attached.) Commissioner Rahn arrived at 7:40 p.m. Commissioner Erdmann questioned how the setback has been determined and whether the property line is measured from the foundation or the overhang of the garage. Mr. Warren • 05 -11 -00 Page 1 explained the setback is measured from the garage foundation to the property line, but an • overhang is allowed to encroach one foot into the minimum setback. Commissioner Erdmann questioned the two previous metes and bounds requests the City has encountered recently. He mentioned concerns since neither one involved an encroachment on a setback. He expressed concerns about the staff recommending the properties have an irregular shape. He mentioned that by having the property line run in an irregular line could result in a future encroachment due to confusion with property owners. Mr. Warren explained that there are no City regulations that require property lines to maintain a straight line. He explained that the end result would be the same whether it is done by replatting the lot or by a metes and bounds description. He gave an explanation as to how the last two metes and bounds variance requests had similar characteristics to this particular request. PUBLIC HEARING - APPLICATION NO. 2000-005 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to open the public hearing on Application No. 2000 -005, at 8:01 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Charles Cloutier, 5318 62nd Avenue North, explained that the current property lines tend to lean to the one side, therefore if the property line were straight it probably would meet the 3 minimum setback. • No other persons from the public appeared before the Commission during the public hearing on Application No. 2000 -005. CLOSE PUBLIC HEARING There was a motion by Commissioner Reem, seconded by Commissioner Newman, to close the public hearing on Application No. 2000 -005, at 8:03 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2000-005 — CHARLES AND VIVIAN CLOUTIER There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to recommend to the Council that it approve Application No. 2000 -005, submitted by Charles and Vivian Cloutier, to authorize the uncombining and re- establishing of the underlying property descriptions at 5318 62nd Avenue North and to grant a variance to allow a subdivision by metes and bounds descriptions on the basis that the standards for variance and the City's policy regarding such divisions are met subject to the following conditions: • 05 -11 -00 Page 2 1. The legal descriptions and survey showing the re- establishment of the underlying • parcels and the division of land shall be filed with Hennepin County. 2. The City Assessor is authorized to process the resubdivision in conjunction with Hennepin County and to acknowledge the newly established legal descriptions. Voting in favor: Chair Willson, Commissioners Erdmann, Newman, Reem, Rahn and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its May 22, 2000 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 2000 -006 — ERICK AND SUSAN BATES. Chair Willson introduced Application No. 2000 -006, a Special Use Permit for a home occupation involving the use of equipment not customarily found in a residential dwelling, s specifically Y P Y a trash disposal unit. The applicants are Erick and Susan Bates at 6413 Noble Avenue North. The trash disposal unit is approximately 4 ft. wide, 4 ft. high and 5 ft. in length; therefore since it is larger than 30 gallons it does require approval from the City Council. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 5/11/00 for Application No. 2000 -006 attached.) I • Mr. Warren presented a copy of a letter received from Harvey Johnson who resides at 6418 Noble Avenue North, in regards to the Special Use Permit request. The letter states he disapproves of the trash disposal unit at 6413 Noble Avenue North, since he is directly across the street and would be affected by the appearance of the residence. Commissioner Newman questioned if it would be possible for the applicant to store such a trash container in the garage. Mr. Warren explained that normally trash containers larger than 30 gallons are not allowed to be on the premises nor stored in the garage, but if this application were approved, the container could be confined to the garage. Commissioner Rahn questioned how long the current trash receptacle has been in place. Mr. Warren stated that last December he was informed that a home -based business did exist with the use of a trash disposal unit. Commissioner Reem questioned if staff is recommending that a gate exist as an entrance to the screened area designated to store the trash receptacle. i 05 -11 -00 Page 3 Commissioner Reem questioned recommendation #1 in the staff report since it does not mention that the trash container would have a lid on the unit. Mr. Warren stated that he assumed the trash container would have a lid, but stated it could be added to the recommendation. PUBLIC HEARING - APPLICATION NO. 2000-006 There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to open the public hearing on Application No. 2000 -006 at 8:22 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Erick Bates, 6413 Noble Avenue North, explained that there is a lid already on the trash container. He mentioned that it would be no problem if the City recommended a lock on the unit. He explained that obtaining this Special Use Permit in order to use the trash disposal unit would help run the business much more efficiently. It was mentioned that the receptacle is placed on the driveway in front of the garage on pick up day. Chair Willson questioned how long the trash disposal unit would sit on the driveway. Mr. Bates stated that it would be on the driveway for approximately two hours on pick -up days. Susan Bates, 6413 Noble Avenue North, stated that it would be possible for the driver of the garbage disposal company to have a key to the storage area, which would allow the unit to remain in the storage area locked at all times. 110 Chair Willson recommended to the applicants that a key be given to the driver so the unit would not have to be left on the driveway unattended. Chair Willson questioned if someone is home at the time of pick up. Ms. Bates stated that she is usually always home at the time of pick up and puts the trash container back immediately. Commissioner Newman questioned if this is there only business operation, or if they have other locations around the metropolitan area. Mr. Bates explained that this is their only operation. Commissioner Newman questioned the amount of hazards that would be involved with the container, since there is a number of children in the neighborhood. He questioned if there was any known danger to humans with the materials disposed. Mr. Bates stated that he has been in the business for approximately four years and very rarely has seen any problems associated with the materials being disposed and none are considered hazardous. Commissioner Newman questioned what would happen if the trash disposal unit becomes full prior to pick up day. Ms. Bates explained that there have been a few times when they have requested a double pick up due to an abundance of material. • 05 -11 -00 Page 4 • Commissioner Newman questioned if the applicant would need to reapply if they did want a larger container in the future. Mr. Warren stated that they would need to reapply for a larger container. Commissioner Reem questioned what day they have pick up in relation to garbage pick up for their home use. Mr. Bates stated that pick up is the day before their normal garbage pick up. Commissioner Rahn questioned if there is a cement pad in place where the trash disposal unit is to be stored. Mr. Bates explained that there is indeed a cement pad already in place for the storage site. Commissioner Rahn questioned how many feet the cement is from the property line of the adjacent neighbor. Mr. Bates stated that it is approximately six inches from the adjacent property. Mr. Bates stated that the neighbor that lives adjacent to them and would be most affected by the trash disposal unit is present. Commissioner Rahn questioned if there is a fence already in place. Commissioner Newman suggested that #5 in the staff recommendations be modified to read that the container must be chock blocked when out of the storage area. Ms. Bates mentioned that the end of the driveway is a slope, however the front part of the driveway is relatively flat and that is where the unit would sit prior to pick up. Mr. Bates explained that the trash disposal unit is also very heavy and would not move very easily. Mr. Warren stated that the container is on rollers and, therefore, could roll if pushed by something or someone. Mary Jane Roering, 6412 Orchard Lane, stated the she lives directly behind the property and spoke concerns about what the opaque screened in storage area would look like since the view would directly affect their home. She also questioned what the regulations are for a commercial business in a residential area. Mr. Warren stated that this is a home -based business that the City does allow, however, since they have a trash disposal unit larger than 30 gallons a Special Use Permit is required. Chair Willson explained that the opaque screening would be six feet high, and a fence such as a board on board would be required to minimize visibility to the neighborhood. Mr. Warren explained that it would be six feet high, which is at least a foot higher than the trash container itself. He explained that the applicant may use whatever type of fencing material as long as the container is not visible. • 05 -11 -00 Page 5 Nona Malmsten, 6419 Noble Avenue, stated that she lives adjacent to the applicant's home and does not see any problems with their request. She mentioned that the applicant keeps their property very clean and neat giving a nice appearance for the neighborhood. She feels she is affected most by the home occupation, but has no problem with it. No other persons from the public appeared before the Commission during the public hearing on Application No. 2000 -006. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to close the public hearing on Application No. 2000 -006, at 8:41 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. Commissioner Newman questioned the Ordinance in conjunction with the Special Use Permit, since the container could pose a threat or danger to others in the neighborhood. Commissioner Reem mentioned that since they are allowed to have as many 30 gallon containers as they would like, it seems to make more sense to approve the request, which would allow some restrictions making the appearance more pleasing to the public eye. Commissioner Newman suggested that the garbage disposal company have a key to the enclosed 411 area, this would avoid the risk of any problems to occur. Commissioner Newman mentioned that 30 gallon containers would not cause a danger to the neighborhood even if there were several. Commissioner Erdmann suggested adding language to recommendation #5 in the staff report that would rquire the trash container to be chocked or blocked when it is outside the enclosure area. Chair Willson questioned if this was an agreement among the commissioners. Commissioner Newman suggested tabling the discussion until the next meeting. Chair Willson expressed some of the same concerns as Commissioner Newman, however, mentioned that either way the business will continue to operate and by restricting the permit won't solve the problem. He explained that a number of 30 gallon trash containers could cause as much damage as the trash disposal unit up for approval. Chair Willson suggested approving the request while making modifications to recommendation #5. Commissioner Erdmann proposed that the language under recommendation #5 as prepared by staff should read, "rollers or wheels both front and back must be chock blocked when out of the screened area." • 05 -11 -00 Page 6 Commissioner Reem questioned if the container will be tethered once it is out of the screened area. Chair Willson explained that the modification made under recommendation #5 will cover the concerns of the unit not being secured. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2000-006 — ERICK AND SUSAN BATES There was a motion by Commissioner Erdmann, seconded by Commissioner Reem, to recommend to the Council that it approve Application No. 2000 -006, submitted by Erick and Susan Bates, for a Special Use Permit at 6413 Noble Avenue North, subject to the following conditions: 1. The Special Use Permit is granted for a carpet removal home business that will involve the use of a 4 ft. wide, 4 ft. high and 5 ft. long covered and locked trash disposal unit for the storage and disposal of discarded carpet and pads. This use may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the Special Use Permit. 2. The Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. The trash container unit may only be used for discarded carpet and carpet pads and shall not be used for collecting and storing refuse, rubbish, trash, yard waste or • recyclable materials. 4. The applicants are required to house the trash container unit within a 6 ft. high opaque screening structure with an opaque locked gate, except for when routine pick up is conducted. 5. The trash container shall be tethered or securely fastened in such a way as to keep it secure from rolling loose. Rollers or wheels both front and back mus t be chock blocked when out of the screened area. 6. All vehicle parking associated with the home occupation shall be off street on an improved space. Vehicle parking on the property shall be in compliance with Section 19 -103, Subdivision 12, of the city ordinances. Voting in favor: Chair Willson, Commissioners Erdmann, Reem, Rahn and Whitehead. Voting against: Commissioner Newman. The motion passed. The Council will consider the recommendation at its May 22, 2000 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. • 05 -11 -00 Page 7 RECESS • Chair Willson called a recess at 8:55 p.m. Chair Willson reconvened the meeting at 9:04 p.m. APPLICATION NO. 2000 -007 - MELVIN RAILS Chair Willson introduced Application 2000 -007, a request for a variance from Melvin Raile at 5411 Bryant Avenue North. He explained that the applicant is requesting a variance from the minimum district requirements contained in Section 35 -400 to be allowed to have a duplex on the property. Mr. Warren presented the staff report using an overhead transparency to show the location of the property. (See Planning Commission Information Sheet dated 5/11/00 for Application No. 2000- 007 attached.) He explained that the property is zoned R -2 and is located on the west side of Bryant Avenue. The lot is 63 ft. wide by 136 ft. deep with an area of 8,568 sq. ft. and contains a garage which was accessory to a single family home that was recently demolished. The owner of the lot has been advised that the garage is not allowed to continue to stand on the property without a principal building. Mr. Warren explained that the applicant, who lives at 5105 Humboldt Avenue North in Minneapolis, is interested in purchasing the lot, however wants to move a two family dwelling from his current residence to 5411 Bryant Avenue North. He stated that a two family dwelling interior lot is required to have a minimum lot width of 75 ft. and a minimum land area of 6,200 sq. ft. per unit or a total of 12,400 sq. ft., therefore the lot on Bryant Avenue is simply too small • for a two family dwelling unit. Mr. Warren mentioned that he had received two phone calls prior to the meeting objecting to this variance request. Colleen Liebaert, 5400 Bryant Avenue North, called to express her feelings that she is opposed to a two family dwelling on the 5411 Bryant Avenue North lot. Jan Walsh, 5425 Bryant Avenue North, called to express concerns with a two family dwelling on this lot since the lot is too small and the traffic and parking will cause additional problems. He explained that both parties indicated they could not be at the meeting but wished to express their opposition to the proposal. PUBLIC HEARING — APPLICATION 2000 -007 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to open the public hearing on Application No. 2000 -007, at 9:14 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Melvin Raile, 5105 Humboldt Avenue North, stated that the home he is requesting to move is a side by side or double bungalow, therefore a single level dwelling. He mentioned that he came up with different numbers in terms of the lot size (150 ft. in depth), he requested these numbers be taken into consideration. He stated that there is a double bungalow across the street from the property on Bryant Avenue. 411 05 -11 -00 Page 8 • Chair Willson questioned if the applicant was aware of the requirements in the City Ordinances for minimum lot sizes in this particular zoning district. The applicant indicated that he was aware. Mr. Warren explained that the lot size figures in the report, to the best of his knowledge, are accurate and, furthermore, the applicant has not supplied staff with any other information to support his objection. He also m entioned that even if the lot figures the applicant presented tonight were accurate, the lot is still too small and does not meet the Ordinance minimum requirements for a two family dwelling. He noted that a side by side bungalow as the applicant has described, is still a two family dwelling. Richard Whitely, 5401 Bryant Avenue, stated that he believes the lot is not large enough for a two family dwelling.. No other persons from the public appeared before the Commission during the public hearing on Application No. 2000 -007. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to close the public hearing on Application 2000 -007, at 9:20 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 DENY APPROVAL OF APPLICATION NO 2000 -007 — MELVIN RAILE There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to recommend to the Council that it deny Application No. 2000 -007, submitted by Melvin Raile for a variance from the minimum district requirements contained in Section 35 -400 to allow a two family dwelling at 5411 Bryant Avenue North on the grounds that none of the Standsrds for Variance contained in the Zoning Ordinance are met with respect to this application. Voting in favor: Chair Willson, Commissioners Erdmann, Newman, Reem, Rahn and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its May 22, 2000 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NOS. 2000 -008. 2000 -009. AND 2000 -010 - CLARK ENGINEERING CORPORATION (FOR HENNEPIN COUNTY) Chair Willson introduced Application Nos. 2000 -008, 2000 -009, and 2000 -010, which consist of requests from Clark Engineering on behalf of Hennepin County for rezoning (2000 -008), preliminary plat (2000 -009), and site and building plan review (2000 -010). • 05 -11 -00 Page 9 Mr. Warren presented the staff report using an overhead transparency to show the location of the property and the proposal. (See Planning Commission Information Sheet dated 5/11/00 for Application No. 2000 -008 attached.) He explained that the proposal was for a rezoning from R -7 to a C -1A of a 3.352 acre parcel of land located on the west side of Shingle Creek Parkway at John Martin Drive, adjacent to and south of the Hennepin County Regional Service Center. The parcel under consideration was part of a large triangular shaped parcel that was divided into its current configuration in 1994. A 10.89 acre parcel was also created at that time, and was gifted to the City. It was anticipated that Hennepin County might have an interest in the other parcel created at that time for possible future expansion or that this land would be used for some other development subject to an existing access easement over the parcel. The County did acquire the property and now seeks to rezone it to a C -lA, which is the same zoning classification as the Service Center property. Mr. Warren explained that the applicant is also seeking Preliminary Plat approval under Application No. 2000 -009 to combine two parcels of land into a single parcel to accommodate the expansion of the Hennepin County Regional Service Center which is located at 6125 Shingle Creek Parkway. The properties in question are 6125 Shingle Creek Parkway, the site of the current County Service Center, and Lot 1, Block 1, Amcorp Addition, which is a vacant 3.352 acre parcel of land south of the County Service Center which contains part of a pond and an access drive serving the Service Center. He presented the staff report using an overhead transparency to show the location of the property and the proposal. (See Planning Commission Information Sheet for Application No. 2000- 009 attached.) Mr. Warren explained that the applicant is also seeking site and building plan approval, under • Application No. 2000 -010, for the remodeling and expansion of the Brookdale Regional Service Center located at 6125 Shingle Creek Parkway. The property in question is the site proposed to be combined into a 13.35 acre parcel of land under the Planning Commission Application No. 2000 -009 and contains the existing County Service Center and vacant land to the south. Mr. Warren presented the staff report using an overhead transparency to show the location of the property and the proposal. (See Planning Commission Information Sheet for Application No. 2000 -020 attached.) He went on to explain the access and parking to the Service Center, in addition to the grading, drainage, and utilities. Also, presented was the landscaping, building, lighting and trash disposal plans for the proposed Brookdale Regional Service Center. Commissioner Newman questioned if the drainage is an issue of concern. Mr. Warren stated it is possible that the drainage systems would be altered, and if that does happen it would come back before the Planning Commission. He noted that the proposal is subject to review and approval by the Shingle Creek Watershed Management Commission. Commissioner Newman questioned if there are any plans for a small business such as a Starbucks to be located in the Service Center. Mr. Warren stated that is possible that those types of businesses may exist, however, he is unsure at this time. Commissioner Newman stated concerns with the parking if a Caribou Coffee or Starbucks were to exist, since it would cause congestion with people coming and going. 1111 05 -11 -00 Page 10 • Mr. Warren mentioned that if there was such a small business, it would have to be accesso ry to the Service Center and it would not be advertised to the public, however, someone could go in to purchase a cup of coffee and leave without going anywhere else in the Service Center. Leonard Linton, a representative from Clark Engineering, stated that they are looking at the drainage system concerns to prevent future problems. He mentioned that they are looking at tying in with the city storm sewer system, since it is large enough to handle the run off from the parking lot. Commissioner Erdmann questioned the increase in traffic on John Martin Drive, and whether or not they are working on a solution to minimize congestion since there is already confusion. Mr. Warren explained that it is very possible that there will be modifications to the existing stoplight to meet the needs of traffic as the main entrance to the facility will now be at John Martin Drive. Commissioner Erdmann questioned the purpose of the six foot security fence around the court services area, and whether or not it would be tall enough to serve its purpose. Tom Dunwell, architect with Buetow and Associates, stated that they haven't met with County Sheriff's department yet. However, he believes that fence will be high enough based on the information he has been given. • Mr. Dunwell stated that there will be cameras in place at all times, and there is not going to be anything taking place outside in this security area. Commissioner Reem questioned if the project will depend on the approval from the Watershed Management Commission before it begins.. Mr. Warren explained that the first phase is the pond, and the Watershed Management Commission does need to approve the project before it can begin. Mr. Dunwell stated that they are on the agenda for the Watershed Management Commission in June, therefore they are looking at beginning construction in August this year. He mentioned that they would not begin construction until all permits are in hand. PUBLIC HEARING — APPLICATION 2000 -008 2000 -009 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to open the public hearing on Applications 2000 -008 and 2000 -009 at 10:20 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Dunwell presented a detailed explanation of the site and building plan. He reviewed the order of construction that will take place, with the idea of some departments never having to • close for business. He reviewed the number of phases that will need to take place to complete 05 -11 -00 Page 11 the construction, phase one being the pond, phase two the parking lot, phase three construction • on the south end of the building, etc. Commissioner Rahn questioned the time line for the project. Mr. Dunwell stated that they plan to start the project this summer with the actual construction of the building beginning in 2001 and completion of the project in the Spring of 2002. He explained that the reason for the two year time frame is to prevent business from having to close during construction. No other persons from the public appeared before the Commission during the public hearing on Application No. 2000 -008 or 2000 -009. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to close the public hearing on Applications 2000 -008 and 2000 -009 at 10:46 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. 2000-008 — REZONING Following discussion, there was a motion by Commissioner Newman, Seconded by Commission Rahn, to approve Resolution No. 2000 -01 regarding disposition of Planning Commission Application No. 2000 -008 submitted by Clark Engineering on behalf of Hennepin County. The motion passed unanimously. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2000 -009 — CLARK ENGINEERING CORPORATION There was a motion by Commissioner Erdmann, seconded by Commissioner Whitehead, to recommend approval of Application No. 2000 -009, submitted by Clark Engineering on behalf of Hennepin County for the Preliminary Plat subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The storm water drainage system and the design of the water detention facility are subject to the review and approval of the Shingle Creek Watershed Management Commission prior to final plat approval. 4. Ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement documents shall be executed and filed with Hennepin County as part of the final plat. s 05 -11 -00 Page 12 Voting in favor: Chair Willson, Commissioners Erdmann, Newman, Reem, Rahn and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its May 22, 2000 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. ACTION TO RE,EOMMEND APPROVAL OF APPLICATION NO. 2000 -010 — CLARK ENGINEERING CORPORATION There was a motion by Commissioner Reem, seconded by Commissioner Rahn, to recommend approval of Application No. 2000 -010, submitted by Clark Engineering on behalf of Hennepin County for site and building plan proposal subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of site improvements. • 4. Any outside trash disposal facilities and roof to or on ground mechanical p P g equipment shall be appropriately screened from view utilizing material that is compatible with the building. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas with the exception of the front entrance area which will be allowed to have surmountable curb to assist as a drop off area. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to release of the performance guarantee. • 05 -11 -00 Page 13 10. 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. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 12. The storm water drainage system and ponding areas shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits, including grading and drainage permits for this project. 13. An easement description over the proposed pond shall be submitted to the City and the easement shall be executed and filed with the title to the property at Hennepin County prior to issuance of permits. 14. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 15. A driveway and utility permit from the Engineering Department shall be required for work within the Shingle Creek Parkway right -of -way. 16. The final plat combining this site into a single lot shall be approved by the City Council and filed with the County prior to the issuance of permits. Voting in favor: Chair Willson, Commissioners Erdmann, Newman, Reem, Rahn and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its May 22, 2000 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:52 p.m. Chair • 05 -11 -00 Page 14 • Recorded and transcribed by: • Sara Beck TimeSaver Off Site Secretarial, Inc. • • 05 -11 -00 Page 15 • City g Council Agenda Item No. 9a • S • Northwest Regional Human Rights Coalition First Annual Kids Who Care Art Contest Brooklyn Center City Council Showing Contest background: The contest was established in 1999 by the Northwest Regional Human Rights Coalition. It was designed to be a way to introduce 6 7 and 8 grade students to universal human rights issues through artistic expression. This year 123 students from this region, representing 10 different schools, submitted art for the contest. Roughly 30 of these entries were from students in the Brooklyn Center School District. A panel of five judges made decisions about each piece of art by considering the student's use of media, the emotional impact or response of the art, the interpretation of the theme, and the layout or creativity of the piece. The panel of judges, after much deliberation and contemplation, arrived at a collection of 26 winning entries in three categories. The three categories are the top prizewinners, the judges' favorites, and the honorable mention selections. All of the winning art is displayed this evening. The following students won honors in the contest: First prize was awarded to Jessica Kay for her entry called "Friend, Kids Who Care." Jessica is an 8 grader who lives in Plymouth and attends Plymouth Middle School. Second Prize belongs to Sara Bondhus. Sara's entry is titled "Diversity is more interesting." Sara is a Maple Grove resident and she attends Maple Grove Junior High. • Third Prize was awarded to David Clark for his piece called "The flag of peace." David is an 8 grader at Hosterman Middle School and lives in New Hope. The next group of winners is in the Judges' Favorites category. This category was an opportunity for each judge to pick one piece of art that best represented the idea of human rights. Five students won honors in this category: Jessie Kolb from Maple Grove, Brittany Kiser from Robbinsdale, Daniel Thomas from Robbinsdale, Kelly Frederick from Maple Grove, and Danielle Pound from Anoka. There are 18 winners in the Honorable Mention category. Abby Tongen, Alexandra Erickson, Craig Hertz, Scott Rose, Brittany Athman, Christina Anderson, Heidi Pagelkopf, Megan Griwac, Elizabeth Einarson, Ryan Johnson, Megan Jensen, Whitney Barkley, Renee Vyhanek Josh Loyd, and Tim Oxborough, Becky Hass, Deanna Smoliak, and Stephanie Snell., If anyone has any questions about the contest, please call Valerie Jones at 493 -2802. / 1„ • • City Council Agenda Item No. 9b • • Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. III MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk 44t44444r4AUC DATE: May 17, 2000 SUBJECT: Mayoral Appointment to Housing Commission Housing Commission (one vacancy) The Housing Commission is composed of a chairperson and eight members. One vacancy exists with a term expiration of December 31, 2000. Notice of vacancy on the Housing Commission was published in the Brooklyn Center Sun - Post on March 29, 2000. Notice was posted at City Hall and Community Center and aired on Cable Channel 37 from March 23, through April 21, 2000. A letter was sent to those persons who previously had submitted an application for appointment to a • Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the commission. They were given the choice of either reapplying or having their application previously submitted considered. Notices were also sent to current advisory commission members. Attached for City Council Members only is a copy of the applications received: Martin Frawley 6219 Chowen Avenue North Shawn Taylor 3955 69th Avenue North A letter was sent to the applicants notifying them that their application for appointment would be considered at the May 22, 2000, City Council meeting. Other attachments include: 1) Procedures for filling commission vacancies adopted by the City Council on March 27, 1995. 2) Memorandum from Mayor Kragness indicating her nomination. 3) Housing Commission geographical distribution of current members and applicants. 4) City advisory commission bylaws and City Council Resolution establishing Housing Commission duties and responsibilities. Recommended Council Action: Motion by Council to ratify the Housing Commission nomination by Mayor Kragness with term • expiring December 31, 2000. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • City of Brooklyn Center Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3/27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City • Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. II/ PROCEDUR.CC Office of the Mayor City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Councilmember Debra Hilstrom Councilmember Kay Lasman Councilmember Ed Nelson Councilmember Robert Peppe FROM: Myrna Kragness, Mayor %per" DATE: May 17, 2000 SUBJECT: Housing Commission Appointment As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of Martin Frawley, 6219 Chowen Avenue North, to the Housing Commission with term expiring December 31, 2000. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • City of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Eight Members) Current Members May 17, 2000 Neighborhoods Aliant Current Members IIIIIII_Iimim1111111111111111111111IIIIIIIII111111111111111111111111111111111111111111111111111 Southeast Donald Arm 2340 Brookview Drive Northeast Kathleen Carmody 7024 Knox Avenue North Lloyd Deuel 1 606 72nd Avenue North Muhammed Okoya-Lawal , 41 6910 Humboldt Avenue North Northwest Shasvn T.:410 Ernie Erickson 3955 69th Avenue North 6800 Drew Avenue North 111111111111111•111•111111111111111111111111111111111111111111.1111111111111111111111111111111111111 West Central Michael VonDelinde 5312 Boulder Lane Central Martin Frawley Mark Yelich 62i9 Chowen Avtnue North 6018 Beard Avenue North 1111111111111111111mmmilmillim III111111111111111111111111111111111,.... Southwest One vacancy. • CITY OF BROOKLYN CENTER COMMISSION BYLAWS Adopted: June 22, 1987 Amended: March 27, 1995 Pursuant to the following resolutions relating to and providing for the establishment, appointment, organization, and responsibilities of the Brooklyn Center Financial, Housing, Human Rights and Resources, Park and Recreation, and Planning Commissions, the City Council does hereby adopt these bylaws and rules for the conduct of their affairs. COMMISSION RESOLUTIONS Financial 91 -115, 92 -99, 92 -168, 95 -78, 98 -13, 99 -110 Housing 73 -140, 75 -97, 77 -22, 87 -131, 92 -136, 95 -79, 98 -13 Human Rights and Resources 68-44, 69 -35, 71 -211, 74 -68, 87 -132, 92 -135, 93 -76, 95 -80, 98 -13 Park and Recreation 73 -25, 77 -52, 87 -133, 92 -137, 95 -81, 98 -13 Planning 87 -87, 87 -134, 92 -134, 95 -82, Ordinance 35- 201 Article I. Officers Section 1. Personnel The officers shall consist of a Chairperson and Vice - Chairperson. Section 2. Duties The Chairperson shall preside at all meetings and shall appoint Ad Hoc Committee members and Ad Hoc Committee Chairpersons. The Vice - Chairperson shall be appointed annually by the Chairperson and shall perform such duties as may be assigned by the Chairperson, and shall assume the Chair in the absence of the Chairperson. Article II. Meetings The Commission shall hold regular meetings. Special meetings may be called at any time by the Chairperson upon sufficient notification to all Commission members. Article III. Quorum • A quorum shall consist of a majority of the members of the Commission. . Article IV. Attendance Three consecutive unexcused absences from duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. Article V. Minutes Minutes of each regular meeting, in writing, shall be provided to each Commission member prior to the commencement of the succeeding regular meeting. Article VI. Ad Hoc Committees Section 1. Structure The Commission may create Ad Hoc Committees to investigate those areas where problems relative to the Commission's purpose are recognized. Section 2. Membership Each Ad Hoc Committee shall have a Chairperson, who shall provide regular interim reports on the progress of the Ad Hoc Committee. A final report to the Commission must be submitted. 0 Article VII. General Provisions No member of the Commission or its Committees shall be authorized to speak on behalf of the Commission publicly, unless the Commission has first considered and approved such statements. Article VIII. Parliamentary Authority Robert's Rules of Order Newly Revised shall be the governing authority for all meetings of the Commission and for its committees. Article IX. Amendments These bylaws may be amended by a four - fifths vote of the City Council. 1 • 1 RESOLUTION NO. 73 -140 RESOLUTION NO. 75 -97 RESOLUTION NO. 77 -22 RESOLUTION NO. 87 -131 RESOLUTION NO. 92 -136 RESOLUTION NO. 95 -79 RESOLUTION NO. 98 -13 RESOLUTION ESTABLISHING A BROOKLYN CENTER HOUSING COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the housing situation in Brooklyn Center has reached a point in its development which requires a concentrated effort in the development of housing standards to protect the quality of life in the community; and WHEREAS, Brooklyn Center shows the beginning of some housing deterioration and it is a common fact that deterioration can quickly reach a point where repair is no longer feasible and deterioration will then spread to the entire neighborhood causing blight; and WHEREAS, for a housing program to be successful, it must involve citizen participation to tailor the program to the citizens of Brooklyn Center; and WHEREAS, the City of Brooklyn Center being a progressive community, must commit itself to the maintenance of quality housing for its citizens. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory Housing Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Housing Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to housing. Subdivision 3. PURPOSE: The general purpose of this Commission shall be to afford citizen input in the development of a housing program to supplement the activities of the City Council. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: • 1. Advise, investigate and review relevant matters for the City Council. • 2. Develop an overall plan for housing in line with the comprehensive plan for Brooklyn Center and the needs of the metropolitan area. 3. Serve as a forum for the citizens of Brooklyn Center to voice their opinions regarding housing matters. 4. Work closely with the Planning Commission and all other commissions on matters regarding housing. 5. Work with the neighborhood advisory committees of the Planning Commission to understand the housing needs of each area of Brooklyn Center. 6. Develop and recommend standards for occupancy and maintenance of housing for the community. 7. Study the feasibility of establishing an occupancy permit program in conjunction with a housing maintenance code in Brooklyn Center. 8. Investigate new and innovative concepts in housing for the community. 9. Develop and recommend programs which will provide quality housing for low and moderate income citizens. 10. Develop and recommend a rehabilitation program as needed for existing housing in Brooklyn Center, especially for major maintenance and energy modernization projects. 11. Understand the financial resources available to the citizens in Brooklyn Center as it relates to housing. 12. Investigate all housing programs in terms of life safety. 13. Provide education seminars for the citizens of Brooklyn Center in matters of housing. 14. Serve as the initial review and advisory body for the Board of Appeals regarding contested compliance orders pursuant to the Housing Maintenance and Occupancy Ordinance, Sections 12 -1202 and 12 -1203. • -2- • 15. Assist the Planning Commission in reviewing and discussing a redevelopment policy for the City of Brooklyn Center, and make recommendations to the City Council with regard to redevelopment in the City. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and eight (8) members, all of whom shall be appointed and serve as set forth in Subdivision 6. Subdivision 6. MEMBERS METHOD OF SELECTION —TERM OF OFFICE — REMOVAL: Chairperson: The Chairperson shall be elected by majority vote of the Housing Commission membership. The election shall be conducted at the Housing Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Housing Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Housing Commission membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: • 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters pertaining to housing, as it relates to business under consideration by said commissions or City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Housing Commission of matters relevant to housing; 4. Provide liaison with other governmental and voluntary organizations on matters relevant to housing. Vice Chairperson: A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered • three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall -3- be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Qualifications for Membership: Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the housing function. Representation Requirements: Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 11, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. • Conflict of Interest: No Commissioner shall take part in the consideration of any matter wherein he or she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his or her interest might reasonably be expected to affect his or her impartiality. Initial Appointment: The Commission under this resolution shall become effective September 1, 1973, and shall consist of three members appointed for a term through December 1974, three members appointed for a term through December 1975, and three members appointed for a term through December 1976. Resignations— Removal from Office— Vacancies: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City Council liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; -4- • 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Co membership Commission mberslup must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. Compensation: Commissioners shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such • rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairperson during October 1973. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the commission as may be assigned by the Chairperson or the City Manager. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his or her Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. • -5- • Subdivision 11. NEIGHBORHOODS: Neighborhoods Described: Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI -94; and on the west by Shingle Creek. Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI -94; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI -94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. West Central Neighborhood: The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI -94; and on the west by the west city limits. • Central Neighborhood: The Central neighborhood shall be bordered on the south by County Road 10; on the east by Shingle Creek; on the north by FAI -94; and on the west by Brooklyn Boulevard. Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. Neighborhood Advisory Committees: Commissioners shall be assigned by the Chairperson as liaison to neighborhood advisory committees of the Planning Commission. It will then be a responsibility of each neighborhood advisory committee of the Planning Commission to review housing matters and present the neighborhood attitudes and opinions on general and specific housing programs directly affecting that neighborhood. • -6- • City Council Agenda Item No. 9c I Office of the City Manager City of Brooklyn Center A great place to start. A great place to stay. • Michael J. McCauley City Manager MEMORANDUM TO: Mayor Kragness, Councilmembers i s om, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: May 17, 2000 SUBJECT: Set Date and Time for Special Council Meeting Sharing and Caring Hands requested the opportunity to meet with the City Council regarding a proposed orphanage. I would suggest Monday, June 5, 2000, at 7 p.m. for a special City Council meeting. Due to the strong public interest in the concept that has been generated by the recent press conference held by Sharing and Caring Hands, I would recommend that the meeting be held in Constitution Hall, Community Center, so as to accommodate interested persons. As of the writing of this memorandum, the City has not received a formal application for any land use change at the proposed site. The purpose of the meeting is to respond to the request from Sharing and Caring Hands to meet with the City Council. As such, the meeting would be for the purpose of receiving information from Sharing and Caring Hands and any other interested persons regarding this topic. The meeting would not be for the purpose of taking any actions. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 9d MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: May 18, 2000 SUBJECT: Resolution Awarding Contracts for City Insurance Policies and the Insurance Agent for 2000 Attached is a resolution which will authorize renewal of the following insurance contracts: POLICY: INSURANCE COMPANY: Comprehensive Property and Casualty Insurance L.M.C.I.T. Worker's Compensation Insurance L.M.C.I.T. Boiler and Machinery Insurance L.M.C.I.T. Accident Plan for Volunteers L.M.C.I.T. Open Meeting Law Defense L.M.C.I.T. Liquor Liability Insurance L.M.C.I.T. • The renewal this year for the first time includes liability insurance for the E.D.A. as a separate entity. This closes a gap in the City's insurance which could otherwise leave the City exposed in certain, limited instances. Premiums are slightly higher for this coverage. The League of Minnesota Cities Insurance Trust ( L.M.C.LT.) reevaluated the City of Brooklyn Center's claims experience for the insurance policies for 2000. They cite what they consider to be excessive claims in the area of liability insurance. Premiums for liability have been surcharged as a result. This plus the separate policy for the E.D.A. have increased total liability premiums by 28% over 1999 premiums. The claims experience also raised the liability portion of the automobile insurance. Money and security insurance was folded into another coverage and no longer shows up as a separate coverage. The liability, mobile equipment, and automobile insurance premiums are over the amounts budgeted for them. Other insurance premiums are close to or within the amounts budgeted. The attached spreadsheet provides more detail on the City's insurance premiums. • It should be noted that the City has received dividends back from the LMCIT in each of • the last thirteen years. In 1999, the city received a dividend of $28,502 on property and casualty premiums which originally totaled $218,533. This represents 13% of the original premium. The city also received a dividend of $63,288 in 1999 on worker's compensation insurance premiums of $136,799 in 1998. We expect to receive dividends again in 2000, but can't predict the amounts. The resolution also will renew the annual contract with the City's insurance agent. The L.M.C.I.T. requires that the City have an insurance agent in order to participate in their property /casualty program. Also, the City doesn't always buy all of its policies from the L.M.C.I.T. In some cases, they don't provide a coverage we need, in others they aren't the best or lowest cost provider. An agent is needed to help us determine the best source of coverage and then prepare and submit applications for that coverage. The City has an agreement with AJ Gallagher & Co. of Minnesota, Inc. for agent services on a flat "fee for services" basis rather then paying a commission based on premiums, which is the more common practice in the insurance industry. Such commissions vary from 2% up to 10% of premiums. If the city didn't have the flat fee agreement, the commissions to the agent could exceed $20,000 a year. AJ Gallagher & Co. has agreed • to extend its contract to April 1, 2001 for a fee of $10,500. The fee was last increased in 1999 from $9,000 to $9,500. AJ Gallagher has also taken over the duties of risk management consultant. This previously was a separate consultant with a fee of $6,180 per year. Gallagher will handle simple phone calls within their insurance agent fee. More extensive projects are billed on a per hour basis. As our staff have become more experienced, we have been using less risk management consultant services. The new combined agent/consultant agreement with per hour billing results in the City paying less for these services than at any time in the last ten years. Risk management is a larger endeavor than just insurance. The insurance consultant is an additional source of expertise used to help in areas such as loss prevention, analyzing levels of risk to retain in the city as opposed to transferring the risk via insurance, analyzing operations, and reviewing insurance applications to confirm that we completely listed all properties and activities which should be insured. 110 • • • CITY OF BROOKLYN CENTER INSURANCE CONTRACTS FOR 2000 City EDA Total Percent 2000 2000 2000 1999 Increase Increase COVERAGE Premium Premium Premium Premium (Decrease) - Decrease Comprehensive Municipal Property & Casualty General Liability $148,460 $20,415 $168,875 $131,442 $37,433 28.48% Property & misc equipment 20,478 14,219 34,697 37,610 (2,913) -7.75% Mobile Property 7,162 7,162 5,285 1,877 35.52% Boiler & Machinery 5,263 1,713 6,976 6,923 53 0.77% Automobile Liability & Collision 45,465 88 45,553 32,301 13,252 41.03% Money & Security 0 0 1,783 (1,783) - 100.00% Bonds 3,208 3,208 2,955 253 8.56% Total Property & Casualty 230,036 36,435 266,471 218,299 48,172 22.07% Worker's Compensation 165,642 165,642 161,471 4,171 2.58% Accident Plan for Volunteers 2,175 2,175 2,175 0 0.00% Open Meeting Law Defense 2,195 2,195 1,709 486 28.44% Liquor Liability 8,283 8,283 8,570 (287) -3.35% TOTAL $408,331 $36,435 $444,766 $392,224 $52,542 13.40% insurance/renewal /awardins 5/17/00 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING CONTRACTS FOR CITY INSURANCE POLICIES AND THE INSTTI NCE AGENT FOR 2000 WHEREAS, the Director of Finance and the City's Insurance Agent have negotiated annual renewal premiums for the City's comprehensive insurance coverage for the period from January 1, 2000 to January 1, 2001 and they are as follows: 1. Workers' Compensation Insurance from the L.M.C.I.T.: Total Annual Premium $165,642 2. Accident Plan for Volunteers from the L.M.C.I.T.: Total Annual Premium $ 2,175 3. Liquor Liability Insurance from the L.M.C.I.T.: Total Annual Premium $ 8,283 ; and WHEREAS, the Director of Finance and the City's Insurance Agent have negotiated annual renewal premiums for the City's comprehensive insurance coverage for the period from April 1, 2000 to April 1, 2001 and they are as follows: 1. Comprehensive Municipal Property and Casualty Insurance from the League of Minnesota Cities Insurance Trust (L.M.C.I.T.): Property $ 20,478 Mobile Property 7,162 Boiler & Machinery 5,263 General Liability 148,460 Automobile Liability 45,465 Bonds 3,208 Total Annual Premium $230,036 2. Open Meeting Law Defense from the L.M.C.I.T.: Total Annual Premium $ 2,195 ; and WHEREAS, Minnesota Statutes provide that elected officials are considered employees for workers compensation purposes only if the city has passed an ordinance or resolution to that effect; and • • RESOLUTION NO. WHEREAS, the League of Minnesota Cities Insurance Trust requires cities to use the services of an agent in order to participate in the L.M.C.I.T. property/casualty program; and WHEREAS, Arthur J. Gallagher & Co. Of Minnesota, Inc. has been the City's insurance agent since January 1, 1990 on a fee- for - services basis, has provided good agent services to the City of Brooklyn Center, and wishes to extend the agreement for services or another year; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to: 1. Accept the negotiated insurance renewals and award the contracts as stated. 2. Declare pursuant to Minnesota Statutes 176.011, subd. 9, clause 6, that the Mayor and Council Members are considered to be employees for worker's compensation insurance purposes. 3. Designate the Arthur J. Gallagher & Co. of Minnesota, Inc. agency as the agent of record for said insurance. 4. Designate the Arthur J. g Arch Gallagher & Co. of Minnesota, Inc. agency as the risk management consultant record for said insurance. 5. Renew the fee - for - services contract as City insurance agent and risk management consultant with Arthur J. Gallagher & Co. of Minnesota, Inc. for the period of April 1, 2000 through March 31, 2001 at a minimum annual fee of $10,500. 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. 9e 1 1 1 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REQUESTING DISSOLUTION OF THE MINNESOTA POLICE RECRUITMENT SYSTEM WHEREAS, the City is a member of a joint powers organization known as the Minnesota Police Recruitment System (MPRS) created by a joint powers agreement (the "Agreement ") pursuant to Minnesota Statutes, section 471.59; and WHEREAS, the MPRS no longer serves the purpose for which it was formed, and the MPRS Executive Committee has recommended to MPRS members that the organization be dissolved; and WHEREAS, Section XIV of the Agreement provides that the MPRS shall be dissolved when its Secretary - Treasurer has received certified copies of resolutions adopted by the governing bodies of two - thirds of its members requesting such dissolution; and WHEREAS, the City Council has determined that dissolution of the MPRS is in the best interest of the City. r NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City hereby requests dissolution of the Minnesota Police Recruitment System (MPRS) in accordance with the Agreement and that the City Clerk is hereby authorized and directed to transmit forthwith a certified copy of this resolution to the MPRS Secretary- rY - Treasurer in care of Daniel Donahue, City Manager, City of New Hope, Minnesota. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: 1 0 whereupon said resolution was declared duly passed and adopted. MINNESOTA POLICE RECRUITMENT SYSTEM 1 1 • Suite 125 • 13911 Ridgedale Drive • Minnetonka, MN 55305 Phone (612) 593 -2666 • Fax (612) 593 -2501 May 2, 2000 MEMO TO: City Managers/City Administrators in MPRS Communities FROM: Larry Thompson, Consultant to the MPRS SUBJECT: Proposed Dissolution of the MPRS; Enclosed Assessment for Operating Expenses As was indicated in an earlier memorandum, the MPRS Executive Committee has investigated the steps which are necessary to dissolve the System. At this point all preliminary steps have been taken, and the final step remains members' approval of the dissolution. The Committee recommends that this step now be taken. • Enclosed is a copy of a sample resolution approving dissolution of the MPRS, for consideration by your City Council. If your City Council approves this resolution, a certified copy of it should be sent to Dan Donahue at the City of New Hope. Once resolutions have been received from two - thirds of MPRS members, the System officially will be dissolved. Dan will notify you when this occurs. In lieu of a final audit of the System by an independent audit firm, the Executive Committee has voted to appoint a committee of three municipal Finance Officers to conduct such an audit. Also enclosed is an assessment for MPRS operating expenses. On September 26, 1966 the MPRS Board of Directors voted to cease all recruitment and testing activities by the System, and it discussed how to meet the System's operating expenses between that time and official dissolution of the System. The City of New Hope offered to loan the System funds for this purpose, and the Board of Directors agreed to reimburse New Hope for all such funds. The amount now owed New Hope is $3,000. Please note that your community's assessment for operating expenses is to be made payable to the City of New Hope, and it is to be remitted to the City's Finance Officer. Also, please note that the enclosed materials are being sent to only one person in each member community, so please see that they are properly forwarded. If you have any questions in this matter, feel free to contact either Dan Donahue (763 -531 -5100) or me (763- 404 - 0515). • City Council Agenda Item No. 9f 0 • MEMORANDUM DATE: May 17, 2000 TO: Michael J. McCauley, City Manager 1 t FROM: W Michael Krech, Public Works Specialist SUBJECT: Resolution Authorizing the Execution of An Agreement With Hennepin County Regarding Use of the County's Electronic Proprietary Geographical Digitized Data Base The Agreement Brooklyn Center utilizes Hennepin County's electronic base map for all mapping. A base map generally consists of property lines, right of way lines, PID's, and other miscellaneous geographic information. City staff then overlay data such as street names, parks, utility locations, and thematic data such as property value, zoning, etc, to create specialized maps. Essentially, the agreement stipulates that the Electronic Proprietary Geographical Digitized Data Base (EPDB) is defined under the Data Practices Act as trade secret or confidential information and is subject to copyright protection. Also, the City may not directly furnish the City's base map in electronic • form to any other party unless that party also executes a license agreement. The City's consultants, who typically obtain base map data from staff or from LOGIS, would still be able to acquire the base map, but would also be required to execute a license agreement with Hennepin County. Hennepin County will be directly entering into a license agreement with consultants that work with Brooklyn Center if they have any part of the EPDB. The Renewal This agreement is a renewal of the agreement made last year with Hennepin County. This agreement will expire December 31, 2000; at which time another renewal will be required. Hennepin County understands that we are currently operating without an agreement because of the timeliness of passing the required resolution and they will not require us to return or destroy the EPDB unless Brooklyn Center chooses not to renew the agreement. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENNEPIN COUNTY REGARDING USE OF THE COUNTY'S ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE WHEREAS, the City desires to continue to have access to and use the County's Electronic Proprietary Geographical Digitized Data Base for automated mapping; and WHEREAS, Hennepin County has prepared a Conditional Use License Agreement detailing the terms of usage for the period commencing the date of execution of said agreement and terminating December 31, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor and City Manager are hereby authorized and directed to execute the Conditional Use Agreement with Hennepin County regarding use of the County's Electronic Proprietary • Geographical Digitized Data Base. 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. , Agreement No. Al2179 HENNEPIN COUNTY CONDITIONAL USE LICENSE AGREEMENT THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, Taxpayer Services Department, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County ", and the City of Brooklyn Center, hereinafter referred to as the "Entity ". For purposes of this Agreement, the address of the County is A703 Government Center, Minneapolis, Minnesota 55487 -0073 and the address of Entity is 6301 Shingle Creek Pkwy, Brooklyn Center, Minnesota 55430 -2199. WITNESSETH WHEREAS, the County has developed electronic forms of certain data bases and an electronic proprietary geographical digitized data base hereinafter referred to as "EPDB"; and • WHEREAS, the Entity desires to use the County's EPDB in the course of conducting the Entity's business; and WHEREAS, in acknowledgment of the Entity's above - stated purpose, the County is agreeable to provide to the Entity the EPDB, and WHEREAS, the parties agree that the execution of this Agreement is necessary in order to adequately protect said EPDB; and WHEREAS, the County exclusively owns the EDPB which is the subject of this Agreement and has the authority and legal right to grant Entity a license to have and use the EPDB as provided in this Agreement; and WHEREAS, the EPDB is trade secret or confidential information under the Minnesota Government Data Practices Act and is governed by Minnesota Statutes sections 375.86 and 13.03 as well as other applicable state and federal law. NOW THEREFORE, in consideration of the premises, as well as the obligations herein made and undertaken, the parties hereto, intending to be legally bound, hereby agree as follows: S Form 1 (10 / 98) • Section 1 SCOPE OF AGREEMENT 1.1 This License Agreement shall apply to the EPDB, which Hennepin County will provide to Entity, after a specific request has been made to County. Section 2 GRANT OF LIMITED LICENSE 2.1 The County hereby grants the Entity a non - exclusive, nontransferable and nonassignable limited use license to use the EPDB which includes self developed computer software under Minn. Stat. § 375.86. Said license shall commence on the date of approval of this Agreement by the County and shall extend throughout the term of the Agreement unless terminated sooner, in accordance with the provisions hereof. Section 3 ACKNOWLEDGMENT OF PROPRIETARY INFORMATION RESERVATION OF TITLE 3.1 The Entity acknowledges and agrees that the EPDB is the exclusive property of the County, including, but not limited to, any and all indexes, and includes commercially valuable information which reflect the efforts of skilled development experts and required the investment of considerable amounts of time and money, and that the County has treated the EPDB as trade secret and confidential information, which County entrusts to the Entity in confidence to use in the conduct of the Entity's business. The Entity further acknowledges and agrees the EPDB is a creative selection, coordination, arrangement and method of arrangement of data which is identified as being subject to copyright protection; is self - developed computer software under Minn. Stat. § 375.86 and is an entire or substantial and discrete portion of a pattern, compilation, method, technique, process, data base or system developed with significant expenditure of funds by County under Minn. Stat. § 13.03. The Entity agrees that the County owns and reserves all rights, protection and benefits afforded under federal copyright law in all EPDB furnished to the Entity as unpublished works, as well as all rights, protection and benefits afforded under any other law relating to confidential and/or trade secret information respecting said EPDB, and that the Entity will abide by all relevant laws, rules, regulations and decisions which afford protection to the County for its confidential and trade secret information and said copyright. This Agreement does not effect any transfer of title in or to any EPDB of the County. The Entity acknowledges that it is granted only a limited right of use of such EPDB, which right is not coupled with an interest, and the Entity shall not assert nor cause or cooperate with others to assert any right, title, or interest in • any EPDB of the County. 2 .• Section 4 PROTECTION OF PROPRIETARY INFORMATION 4.1 Obligations of Confidentiality, Limitations of Use. The Entity shall neither disclose, furnish, sell, resell, transfer, duplicate, reproduce nor disseminate, in whole or in part, the EPDB of the County and its unique design, arrangement or method of arrangement in its electronic form furnished to the Entity to (1) any other person, firm, entity, organization, or subsidiary, except as expressly authorized hereunder; or (2) any employee of the Entity who does not need to obtain access thereto in connection with the Entity's exercise of its rights under this Agreement. The Entity may have and use the EPDB on a corporate -wide basis and shall have the rights to use the EPDB on a limited number of sites, provided the equipment on which the EPDB is maintained supports only equipment operated by the Entity and the EPDB is used only for the conduct of the Entity's own internal business by Entity employees. All employees having access to the EPDB shall be informed of the requirements contained in Section 4 herein. The Entity shall not otherwise copy or reproduce any EPDB of the County. Under no circumstances may the entity disclose or disseminate any EPDB to any other public or private entity. The obligations of the Entity to protect confidentiality which are established by this Agreement apply to the EPDB itself and not to any graphic representation or products produced by the Entity while using the EPDB. Any authorized consultants, contractors or agents of Entity must properly execute and file a separate EPDB Conditional Use License Agreement with • Hennepin County. The Entity expressly agrees to use the County's EPDB in the ordinary course of its business and all such use shall bear a notice of copyright by Hennepin County. 4.2 Secure Handling. The Entity shall require that all EPDB be kept in a secure location at 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 -2199 and maintained in a manner so as to reasonably preclude unauthorized persons from having access thereto. The Entity shall devote its reasonable efforts to ensure that all persons afforded access to EPDB protect same against unauthorized use, dissemination or disclosure. Entity agrees it will not knowingly or negligently allow its employees, agents or independent contractors to copy, sell, disclose or otherwise make the EPDB available to others. Entity agrees to immediately notify the County by telephone and in writing if Entity becomes aware of any unauthorized duplication, sale or other disclosure. Entity further agrees to prevent unauthorized disclosure by taking appropriate security measures including, but not limited to, providing physical security for copies of the EPDB and taking all steps Entity takes to protect information, data or other tangible and intangible property of its own that Entity regards as proprietary, confidential or nonpublic. Except for off -site backup, the Entity shall not remove or cause or allow to be removed from the Entity's place of business or the place of business of any EPDB or any copy thereof without the prior written consent of the County, which consent shall not be unreasonably withheld. • 4.3 Assistance of the Entity. At the request of the County and expense of the Entity, the Entity shall use good faith and reasonable efforts to assist the County in identifying any 3 use, copying, or disclosure of any EPDB by any current or former Entity personnel -- or anyone else who may have come in possession of said EPDB while the same was in the Entity's possession — in any manner that is contrary to the provisions of this Agreement so long as the County shall have provided the Entity with information reasonably justifying the conclusion of the County that such contrary use may have occurred. 4.4 Survival of Confidentiality Obligations. The Entity's obligations respecting confidentiality of the EPDB shall survive termination of this Agreement for any reason and shall remain in effect for as long as the Entity continues to possess or control any EPDB furnished by the County. In addition, the County shall remain entitled to enforce its copyright and propriety interests in all EPDB. Section 5 TERM, TERMINATION 5.1 The Entity and the COUNTY agree that this Agreement is in effect during the period commencing January 1, 1999 and terminating December 31, 1999. This Agreement shall commence from the date hereof, unless sooner terminated by either party with cause upon three (3) calendar days' written notice to the other. The expiration or termination of this Agreement shall automatically and without further action by the County terminate and . extinguish the license. In the event of any such expiration or termination, the County shall have the right to take immediate possession of said EPDB, and all copies thereof wherever located, and without demand or notice. Within five (5) days after expiration or termination of this Agreement, the Entity shall return the EPDB and all copies thereof to the County, or upon request by the County, the Entity shall destroy all of the same and all copies thereof and certify in writing to the County that the same has been destroyed. 5.1.1 It is agreed that any right or remedy provided for herein shall not be considered as the exclusive right or remedy but shall be considered to be in addition to any other right or remedy hereunder or allowed by law, equity or statute. 5.1.2 The County's failure to insist upon strict performance of any covenant, agreement or stipulation of the Agreement, or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant, agreement, stipulation or right, unless the County stipulates thereto in writing. Any such written consent shall not constitute a waiver or relinquishment of such covenant, agreement, stipulation or right. • 4 Section 6 INJUNCTIVE RELIEF 6.1 The Entity acknowledges and agrees that unauthorized disclosure or use of the EPDB or any part thereof could cause irreparable harm and significant injury to the County, which may be difficult to measure with certainty or to compensate through damages. Accordingly, the Entity agrees that the County may seek and obtain against the Entity and/or any other person or entity injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other equitable or legal remedies which may be available. Section 7 OTHER TERMS AND CONDITIONS 7.1 No Agency. The parties hereto are independent contractors, and nothing herein shall be construed to create an agency, joint venture, partnership or other form of business association between the parties hereto. 7.2 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the • terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. 7.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7.4 Entire Agreement. This License Agreement constitutes the entire Agreement between the parties; and there are no understandings or agreements relative hereto other than those that are expressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. 7.5. No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. • 7.6 THE ENTITY AGREES THAT THE COUNTY IS FURNISHING THE EPDB ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED 5 WARRANTIES, INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE EPDB. THE COUNTY'S SOLE LIABILITY AND THE ENTITY'S EXCLUSIVE REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE EPDB FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE EPDB ARE ERROR FREE. THE EPDB WERE DEVELOPED FOR THE COUNTY'S OWN INTERNAL BUSINESS PURPOSES AND THE COUNTY DOES NOT REPRESENT THAT THE EPDB CAN BE USED FOR NAVIGATIONAL, TRACKING OR ANY OTHER PURPOSE REQUIRING EXACTING MEASUREMENT OF DISTANCE OR DIRECTION OR PRECISION IN THE DEPICTION OF GEOGRAPHIC FEATURES. THE COUNTY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS LICENSE AGREEMENT OR THE EPDB. 7.7 In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or lost of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. The County and the Entity agree each will be responsible for their own acts and omissions under this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. 7.8 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party address as follows: To the Entity: City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 -2199 • 6 S 10 To Hennepin County: 9 Hennepin County Administrator A -2300 Government Center (233) Minneapolis, MN 55487 -0233 Copy to: Robert L. Hanson Hennepin County Chief Information Officer A -1900 Government Center (190) Minneapolis, MN 55487 -0190 Copy to: Patrick H. O'Connor Director, Taxpayer Services Department A -600 Government Center (060) Minneapolis, MN 55487 -0060 7.9 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. 7.10 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the Entity under Sections 3, 4, 5, 6, 7.6, and 7.7 hereof and the obligations and warranties of the Entity and the County which by their sense and context are intended III to survive the performance thereof by the Entity and the County, shall so survive the completion of performance and termination or cancellation of this Agreement. 7.11 Authority. The person or persons executing this License Agreement on behalf of Entity represent that they are duly authorized to execute this License Agreement on behalf of Entity and represent and warrant that this License Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. • 7 COUNTY ADMINISTRATOR APPROVAL ENTITY, having signed this agreement, and the County having duly approved this agreement on the, flay of 19 9, and pursuant to such approval, the proper County officials having signe this contr t, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form COUNTY OF HENNEPIN and execution STATE OF MINNESOTA 2V- By: I,. Assistant, b �l And I ey ssista L nt/Deputy %County a s . s stator Date: /// CITY OF BROOKLYN CENTER B I Mayor,;, And: City Clerk / City Mi ge • Form 1 (10 / 98) 8 • City Council Agenda Item No. 9g • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialis 1 DATE: May 18,2000 SUBJECT: Resolution Calling for a Public Hearing to Consider an Amendment to the City of Brooklyn Center's 2000 Community Development Block Grant Program Major policy changes have been implemented for all Hennepin County cities in the Urban Hennepin County Community Development Block Grant (CDBG) pro gam, particularly as the program relates ro t3' p ( )P �' ,P Y P g to the CDBG program national objectives. The three national objectives of the program, which were in place since the program's inception, in the 1970's, are as follows: 1. Benefit to low and moderate income people 2. Removal of slum and blight 3. Urgent community needs* *This objective has only been used once in Hennepin County after a tornado hit Dayton Minnesota. Two major policy changes have been implemented at the County level for the year 2000 CDBG program. They are as follows: 1. CDBG assisted activities associated with neighborhood revitalization projects (removal of slum/blight properties) will only be considered a high priority when a minimum of 20% of any housing created or rehabbed through redevelopment will be affordable to low and moderate income households. This would apply to scattered site as well as area slum/blight activities. The reason for this change is to better focus CDBG funding on activities consistent with priorities and to reduce the amount of CDBG used for non low and moderate income benefit activities. 2. The authorizing statute for the CDBG program requires that each funded activity meet one of three national objectives: benefitting low and moderate income persons, preventing or eliminating slums and/or blight and meeting urgent community g g g g g tY needs. The statute also states that each grantee must insure that at least 70% of the expenditure during the program year must be used for activities benefitting very low and low income persons. In the past, the County has managed this requirement and individual subrecipient cities did not have to meet this requirement. Due to an increase in the amount of funds allocated and expended on activities removing or preventing slums or blight, the County is no longer able to insure that it can meet the statutory requirement. 1111 Therefore, beginning in program year 2000 each city will have to meet this requirement. May MEMORANDUM 18, 2000 Page 2 CURRENT ALLOCATION OF YEAR 2000 CDBG FUNDS After conducting a public hearing on the 2000 CDBG program the City's 2000 CDBG allocation of $240,212 was allocated as follows: 1. Allocation of $231,212 to rehabilitation of private property. This would provide up to $15,000 per household for rehabilitation and repair of homes of low and moderate income households. The money would be provided as a loan which would be repaid when the house is sold or at the end of 30 years which ever comes first. This would reinstate the Housing Rehabilitation Deferred Loan Program that was funded with CDBG funds since inception of the CDBG program in the mid 1970's through 1998. 2. Allocation of $9,000 for Household Outside Maintenance for the Elderly (H.O.M.E.) program. This project has been part of the CDBG program for six years. The H.O.M.E. program provides minor maintenance and repair for persons 60 years of age and older and/or permanently disabled individuals. CDBG regulations require that the city's CDBG program had to be adopted in March 2000. At the time of the adoption of the 2000 CDBG program, staff indicated it would explore additional • alternatives for the use of CDBG funds given the new requirements for CDBG expenditures. Staff has explored the option of using CDBG funds to expand the existing program (Household Outside Maintenance for the Elderly) to provide additional services to senior citizens and those persons who are permanently disabled. One focus of the expanded program would be to address code enforcement issues. Seniors and/or disabled persons who may be unable, physically and financially, to comply with code enforcement orders could seek assistance to achieve compliance. City staff discussed the expansion of the existing program for senior citizens and/or disabled persons with the Community Emergency Assistance Program and Senior Community Services. Senior Community Services provides services for the existing Household Outside Maintenance for the Elderly (H.O.M.E.) program. After staff met with each organization separately, the two organizations elected to submit a joint proposal to the City for the year 2000 CDBG program. Complete copies of the proposals from CEAP and Senior Community Services are included with this memorandum. A summary of the proposals and related information follows: • Senior Community Services currently provides the CDBG funded Household Outside Maintenance for the Elderly (H.O.M.E.) program service to Brooklyn Center residents who are 60 years of age or older or who are permanently disabled. Services provided include painting, interior and exterior, and minor home maintenance repair including installation of grab bars, and minor repairs including windows, sidewalk, house trim etc. Fees are charged • to persons using the services based on a sliding fee scale relative to income pursuant to Department of Housing and Urban Development guidelines for low and moderate income. • MEMORANDUM May 18, 2000 Page 3 • The Senior Community Services and CEAP proposals would expand the current services to include chore services such as housekeeping, lawn care, spring and fall raking and snow shoveling, etc. • A major part of the expanded services would address code violation referrals from the City including referrals from the Brooklyn Center Cares program. CEAP and Senior Community Services will coordinate referrals between the two agencies. CEAP will focus on the less complex code enforcement items and Senior Community Services will address the more complex code enforcement issues up to and including "garbage house" situations. Senior Community Services has experience working with clean up of "garbage houses" in other cities and will have available, its senior outreach program which includes licensed social workers in situations that may call for this type of intervention. • Of the total City 2000 CDBG allocation of $240,212, 15% or $36,031 would be available for public service projects which include the CEAP and Senior Community Services proposals. $9,000 has already been allocated to the H.O.M.E. program for 2000. The proposals from CEAP and Senior Community Services would include $13,500 apiece or $27,000 total. With the $9,000 H.O.M.E. initial program allocation this would be the maximum amount the City council dedicate to additional public service projects for 2000. • • The City would need to amend its year 2000 Community Development Grant Program to reallocate $27,000 from the Rehabilitation of Private Property project to the Neighborhood Public Service project. To accomplish this a public hearing must be held. A copy of a public hearing notice is included with this memorandum along with a resolution calling for a public hearing to consider an amendment to the Year 2000 CDBG Program. Staff recommends approval of the resolution. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE CITY OF BROOKLYN CENTER'S 2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City Council of the City of Brooklyn Center desires to consider an amendment to the City's 2000 Community Development Block Grant (CDBG) program by reprogramming $27,000 from the Rehabilitation of Private Property Project to the Neighborhood Public Service Project; and WHEREAS, CDBG regulations require that a public hearing be held to consider any amendments to municipal CDBG programs exceeding $10,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the attached Notice of Public Hearing regarding amendment of Year 2000 Statement of Projected Use of Funds for the Urban Hennepin County Community Development Block Grant Program is hereby approved and staff is authorized to publish the notice in ' the City's official newspaper. • 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. • • NOTICE OF PUBLIC HEARING REGARDING AMENDMENT OF YEAR 2000 STATEMENT OF PROJECTED USE OF FUNDS FOR THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that Hennepin County and the City of Brooklyn Center will hold a public hearing on June 26, 2000 to consider a proposed amendment to the Year 2000 Statement of Projected Use of Funds for the Urban Hennepin County Community Development Block Grant Program, funded under Title I of the Housing and Community Development Act of 1974 as amended. The proposed amendment is the reprogramming of $27,000 from the Rehabilitation of Private Property Project to the Neighborhood Public Service Project. Copies of the proposed funding request and the Urban Hennepin County Citizen Participation Plan are available at City Hall for review prior to the hearing. The hearing is to be held on June 26, 2000 at 7 p.m. or as soon thereafter as possible in the City Hall located at 6301 Shingle Creek Parkway, Brooklyn Center Minnesota. The public hearing is being held pursuant to a joint cooperation agreement between Hennepin County and the City of Brooklyn Center pursuant to MS471.59. S AIAB A SENIOR COMMUNITY SERVICES iiii 10709 Wayzata Blvd., Suite 111, Minnetonka, MN 55305 Phone: (952) 541 -1019 FAX: (952) 541 - 0841.. BOARD OF DIRECTORS May 4, 2000 Laurie LaFontaine President Mr. Michael McCauley Dr. Chinyere (Ike) Njaka City Manager 1st Vice President Brooklyn Center Francis Hagen 6301 Shingle Creek Parkway 2nd Vice President • Brooklyn Center, MN 55430 Mary Henning • Treasurer Dear Mr. McCauley: • Peter Coyle Secretary Senior Community Services and Community Emergency Dwight Johnson Assistance Program, Inc. (CEAP) are cooperatively submitting Past President proposals to the City of Brooklyn Center for use of Community Bob Bean Development Block Grant Year XXVI funds. At a meeting, Member -at -Large representatives agreed that each organization would request half Marty Guritz the amount available to provide additional services. Senior Member -at -Large Community Services intends to increase the number of City residents served through it's HOME (Household & Outside , n C. Boeder Maintenance for Elderly) Program, primarily in exterior paint jobs. ator Rudy Boschwitz tt Brandt Senior Community Services will also, through it's Senior Outreach Aiko Higuchi Program's licensed social workers, work to gain voluntary . Gordon Hughes compliance of City residents who have violations in areas of the Gloria Johnson Kevin Krueger housing code. When possible and appropriate, CEAP workers will Ann Lenczewski be involved in code compliance jobs. The two organizations intend Kathleen Miller to work closely, referring jobs to each other to best serve City Dotty O'Brien Senator Gen Olson residents. Curtis A. Pearson Mary Tambornino We look forward to serving the residents of Brooklyn Center and Leonard J. Thiel continuing our relationship with the City. We thank you for the • Thomas Thortinnson Tom Ticen opportunity to assist elderly residents needing assistance. Benjamin F. Withhart - , Executive Director & C.E.O. Siric - ely, (.. PROGRAMS # / .. :,.- sic -c.f - ( • ,t j'% t • Multi- Purpose Benj • 'n F. Withhart Senior Centers -cutive Director . • Senior Outreach • H.O.M.E. Y A United Way Agency • 2000 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING (Use one form per project) A. GENERAL INFORMATION 1. Community: Brooklyn Center lyn Ce r 2. Project Name: HOME (Household & Outside Maintenance for Elderly) 3. Contact Person /Phone No. Ron Bloch / 541 -1019 B. PROJECT DATA 1. Funding Request $13.500 2. Is this an existing CDBG- FUNDED Project? Yes _ No 3. Leveraged Funds: (What other public or private funds does project include ?) Amount $ See # 10 Source See # 10 • 4. Project Location: Address Citywide . 5. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address) This is an expansion of the existing CDBG - funded project. Senior Community Services intends to increase the number of residents served through the HOME Program, primarily in exterior painting jobs (see Attached Program Summary). in addition Senior Communi ty through will also, throu h involvement of it's Senior Outreach Program's licensed social workers, work to gain voluntary compliance of elderly and dsiabied residents who have violations in areas of the housing code. 6. Consolidated Plan Priorities: Using the list provided identify what priority(ies) the project will meet. (Note: If proposed project is a low Urban County priority you must explain why it has a higher priority in your community) Priority(ies) Public Service Needs: Senior Services - Benefitina low gnd moderato • income persons - Hiah Priority • 7. Describe anticipated results /accomplishments project will have. (number of persons/households to be assisted /served, number of housing units to be rehabbed/built, etc.) It is anticipated that approximately 20 households will be served in CDBG Year XXVI. 8. Describe how project will assist community in achieving your Livable Communities Act goals (if applicable). 9. Implementation Schedule: (For the time period 7 -1 -00 to 6- 30 -02, identify the major project tasks to be performed and when they will occur) Date Iask Month/ Date On -aoina delivery of the.followina services: CDBC3 Year XXVI Maintenance - Includes exterior and interior painting. 1111 minor home repairs in the areas of carpentry. plumbing. concrete and electrical Homemaking - Includes window washing. floor cleaning vacuuming. dusting. shopping. doing wash. etc. 10. Budget: (Specify total project budget by major project component -i.e., administration, planning, construction, acquisition, direct grants, public service.) BUDGET /SOURCE OF FUNDS Component CDBG Other(identify) Public Services /Eden Prairie $ 10.067 $ 95.000 Client fees /Edina $ 13.100 $ 12.900 Edina/EEHF /Richfield $ 22.700 $ 45.583 , United Way /Minnetonka $ 14.600 $ 26.584 GMCC Brooklyn Center $ 9.000 $ 14.000 Friends of HM /Brooklvn Center $ 13.500 $ 83.754 Hen County Project Totals $ 82.967 $277.821 • S Attachment H.O.M.E. • (Household & Outside Maintenance for Elderly) Program Summary SUMMARY PARAGRAPH - The H.O.M.E. Program is a homemaker, maintenance, and chore program designed as a cost - effective alternative to long term care for the elderly currently operating in the cities of Bloomington, Eden Prairie, Edina, Richfield, Minnetonka, Brooklyn Center and St. Louis Park. Persons with disabilities are also eligible for the services. The project maintains a core staff of trained individuals to assure prompt, quality service and a skills bank component. Clients are asked to contribute according to their ability to pay, based on a sliding scale. TARGET POPULATION - Consumers of H.O.M.E. services are elderly residents age 60+ or people with disabilities who live independently and need some affordable in- home services in order to maintain their residence or property. The H.O.M.E. Program serves those clients who need assistance but are not financially capable of paying the full cost of service as well as frail older adults who require services designed to meet the needs of vulnerable elderly. SERVICES - The philosophy of the H.O.M.E. Program is to maintain independence for elderly and avoid premature placement in nursing homes by providing homemaker, maintenance, and chore services. Clients are asked to contribute based on a sliding - • fee scale. Homemaker services include housecleaning, food preparation, grocery shopping, non - medical personal care, and laundry. Assessments are made and services provided according to the specific needs of each client for type of service, time and frequency. Chore /home maintenance services include snow removal, lawn care, installation of security features, carpentry, minor plumbing, window washing, painting, weatherization, minor roof repair and other maintenance jobs needed to enable elderly residents to remain in their homes, as well as maintaining their homes in an acceptable manner. STAFF - Home maintenance and homemaker services are provided by workers who are trained in the necessary skill areas and techniques for working with older persons. Skills Bank Workers are also utilized to provide chore services. All staff report to the Program Director, who is responsible for the management and supervision of H.O.M.E. Other staff and volunteers provide administrative and clerical support. FACILITY - Services are provided in the homes of elderly residents. The office is located at Creekside Community Center, 9801 Penn Ave. South, Bloomington 55431, and a satellite office is located at the Minnetonka Center. PLACEMENT PROCEDURE - Clients gain access to the program either by a referral from an area agency or by calling the H.O.M.E. office and requesting service. • FUNDING SOURCES - Revenues are derived from client Fees, Hennepin County, the Greater Minneapolis Council of Churches (GMCC), municipalities in which the program operates, the United Way, and contributions from clients and the community through an associated organization called Friends of HOME. - 0 ..k. A-. Y T , v. • g t ,, � r - . T (((�a ou • • . May 3, 2000 . • ' _ P ' Mr. Michael McCauley ' City Manager , ._ - , City of Brooklyn Center . - • . , 6301 Shingle Creek Parkway • Brooklyn Center,-MN 55430 - ' Dear Mr. McCauley: . Community Emergency Assistance Program, Inc. (CEAP) and Senior Community Services - are cooperatively submitting proposals to the City of Brooklyn Center for use of Community . Development Block Grant Year XXVI funds. Our request is for $13,500 to be used for HandyWorks chore services for Brooklyn Center seniors and permanently disabled adults. As a major part of this proposal, CEAP will accept code violation referrals from the City of • • Brooklyn Center. CEAP will . attempt to resolve housing code violations for seniors and disabled adults by utilizing volunteers and contracted workers. CEAP will coordinate the 0 resolution of these jobs with Senior Community Services. It is our intention to increase the' - number of residents we serve with the additional funds from the city. CEAP will also work , with Brooklyn Center CARES in order to provide chore - related services in the city. . • CEAP's HandyWorks program will provide the following services to eligible Brooklyn . Center residents: light maintenance, housekeeping, lawn care, spring and fall raljing, snow shoveling and painting. CEAP's ability to complete all requests for jobs is dependent on . worker and volunteer availability. All jobs are subsidized a minimum of 50% in comparison • to market rates for the same services. Additional subsidies are determined or a case -by -case , • basis, and some jobs are provided free of charge. • We are looking forward to working with the City of Brooklyn Center and Senior Community Services in order to better serve the city's residents. Thank you for your consideration of this request. . ' , , Sincerely, . . • , phen Klein . , _ Executive Director . Enclosure ' • • 6840 78th Ave. N. • Brooklyn Park, MN 55445 • (612) 566 -9600, Fax (612) 566 -9604 1201 89th Ave. N.E., Suite 130, Blaine, MN 55434 • (612) 783 -4930, Fax ( 783 -4927 Il.... , 2000 • URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING A. GENERAL INFORMATION 1. Community: Brooklyn Center 2. Name of Organization: Community Emeroencv Assistance Program. Inc. (CEAP) 3. Contact Person: Karen Neis or Stephen Klein Phone Number: 763/612- 566 -9600 B. PROJECT DATA 1. Grant Amount Requested: $ 13.500 2. Is this request to fund an existing project? X Yes No Is this an existing project Brooklyn Center CDBG- FUNDED Project? Yes X No 3. Leveraged Funds: Amount $ See # 10 Source See #10 4. Project Location: Address: 6840 78 Avenue North. Brooklyn Park, Minnesota 55445 • Is the program available Citywide? X Yes No 5. Project Description: Program Name: CEAP Senior Services- HandvWorks Chore Program Where will the program activities be carried out? In the cities of Brooklyn Park, Brooklyn Center. and the Camden area of Minneapolis. CEAP HandvWorks Proaram: Chore services are provided at little or no cost to seniors and disabled persons. Services include lawn mowing, snow shoveling, housekeeping, household maintenance, painting and raking. An agency budget, including Senior Services, is enclosed. Referrals for senior services are taken from family members, clients, medical workers, churches, government workers, and other social service agencies. CEAP's HandyWorks program will also resolve some code violations for resident seniors and permanently disabled persons. CEAP will determine which code violations it is capable of resolving. CEAP also provides a Meals at Your Door Program: Provides hot prepared meals, which are delivered by volunteers to homebound seniors and disabled persons Monday through Friday. Needs Met CEAP is the only social service organization in Brooklyn Center that provides the majority of these services. Senior Community Services also provides some household maintenance and painting services. Low cost chores are usually not available through private business. Most of our clients are low income and need - • subsidized or low cost services through CEAP. CEAP participates in a metro -wide network of senior providers to avoid duplication of services. Community Emergency Assistance Program, Inc. III Brooklyn Center CDBG Request, page 2 6. Consolidated Plan Priorities: Priority (ies) Public Service Needs: Senior Services — Benefiting low and moderate income persons — Hiah Priority 7. Describe anticipated results /accomplishments project will have. By providing these programs to seniors and disabled persons in Brooklyn Center, CEAP hopes to help them remain in their homes longer. These services are oftentimes the only thing keeping people from having to enter assisted care living situations. CEAP will serve more than 130 Brooklyn Center residents with the Meals at Your Door program, and over 80 residents with the HandyWorks program in 2000. Over 16,000 meals will be delivered and approximately 420 chores will be provided to Brooklyn Center residents in 2000. Measurement of results: We track the actual meals delivered each day on a Meals on Wheels computer program. All chores performed for clients are tracked on a HandyWorks version of Filemaker Pro. We have coordinators for both programs who do intakes on clients, set up client files, track all services and conduct follow up with clients. CEAP also has a senior service outcome initially designed for the United Way. The outcome: Area seniors and disabled persons will feel less isolated and feel more connected with their community and others. We measure this outcome by conducting surveys by phone and mail, at least once per year. Our target is that 75% of our clients will report feeling less isolated. From 7/97 through 7/99 over 98% of • CEAP's senior service clients reported feeling less isolated. 8. Describe how project will assist community in achieving your Livable Communities Act goals. (if applicable) 9. Implementation Schedule: (For the time period 7 -1 -00 to 6 -30 -02, identify the major project tasks to be performed and when they will occur) Task Month /Date CDBG Year XXVI HandyWorks: Chore projects currently occur on an ongoing basis. Homemaking is done on an ongoing basis and includes: cleaning, window washing, floor cleaning, dusting, etc. Many of the chores are seasonal. Fall raking, winter snow shoveling, and warm weather lawn care, are coordinated with the HandyWorks Coordinator and her workers/volunteers. She updates her client and job database on a daily basis. CEAP also performs minor home repair, maintenance and painting projects by request. The request can be made by a senior /disabled adult or by a referring agency or city. We will attempt to resolve city code violations, if it is within the scope of our program, contracted workers, and volunteer groups. Surveys are conducted a minimum of two times per year. One survey is the client satisfaction survey, and the other is the outcome measurement survey. Meals at Your Door: Meals are currently being delivered five days per week. • Weekend and holiday meals are also available. The coordinator ensures that there are enough volunteers to deliver the meals, and that the client database is updated daily. Surveys are conducted a minimum of two times per year. One survey is the client satisfaction survey, and the other is the outcome measurement survey. Community Emergency Assistance Program, Inc. • Brooklyn Center CDBG Request, page 3 10. Budget: (Specify total project budget by major project component -i.e., administration, planning, construction, acquisition, direct grants, public service.) Total Senior Services Budget for FY ending 6/30/01: $ 200,538 BUDGET /SOURCE OF FUNDS Component CDBG Other (Identifv>! Total Senior Services Senior Services- Brooklyn Park $ 7,500 Title III Fed. $ 50,332 - Minneapolis $ -0- Henn. Co. $ 3,000 - Brooklyn Center $13,500 United Way $ 34,541 - Champlin $ -0- Meals /fees $ 85,000 Community $ 6,665 Project Totals: $ 21,000 $179,538 TOTAL Senior Services: $ 200,538 • • CEAP REVENUE LINE ITEM BUDGET FY 2001 III 7/1/00 - 6/30/01 FAMILY SERVICES SENIOR SERVICES TOTAL AGENCY INDIVIDUAL $ 56,000.00 $ 665.00 $ 56,665.00 CHURCHES $ 137,963.54 $ 3,000.46 $ 140,964.00 BUSINESSES $ 24,000.00 $ 500.00 $ 24,500.00 ORGANIZATIONS $ 80,000.00 $ 1,500.00 $ 81,500.00 TOTAL COMMUNITY SUPPORT $ 297,963.54 $ 5,665.46 $ 303,629.00 MAYD $ - $ 84,850.00 $ 84,850.00 HANDYWORKS $ - $ 150.00 $ 150.00 TOTAL PROGRAM FEES $ - $ 85,000.00 $ 85,000.00 ANOKA COUNTY/MCKNIGHT/TANF $ 121,000.00 $ 121,000.00 ANOKA COUNTY $ 13,170.00 $ - $ 13,170.00 ANOKA COUNTY HOMELESS/TANF $ 34,300.00 $ - $ 34,300.00 ANOKA HMLSS /OTHER AGENCY $ 60,000.00 $ 60,000.00 HENNEPIN COUNTY $ 71,843.00 $ - $ 71,843.00 HENNEPIN COUNTY HOMELESS $ 18,000.00 $ - $ 18,000.00 • HENNEPIN COUNTY/MCKNIGHT $ 19,185.00 $ 19,185.00 TITLE III MEALS/ VOA $ - $ 29,210.00 $ 29,210.00 TITLE III HANDYWORKS $ - $ 21,122.00 $ 21,122.00 H.C. PRE - SCREENING HANDYWKS $ - $ 3,000.00 $ 3,000.00 FEMA $ 23,000.00 $ - $ 23,000.00 NWHHSC $ 16,000.00 $ - $ 16,000.00 CDBG $ 20,000.00 $ 21,000.00 $ 41,000.00 TOTAL GOVERNMENT $ 396,498.00 $ 74,332.00 $ 470,830.00 FOUNDATIONS $ 120,000.00 $ 1,000.00 $ 121,000.00 UNITED WAY $ 188,700.00 $ 34,340.00 $ 223,040.00 UNITED WAY DESIGNATED $ 11,300.00 $ 201.00 $ 11,501.00 INVESTMENT INCOME $ 20,000.00 $ - $ 20,000.00 REPAYMENTS $ 38,000.00 $ - $ 38,000.00 MISCELLANEOUS $ 5,000.00 $ - $ 5,000.00 OTHER REVENUE $ • 383,000.00 $ 35,541.00 $ 418,541.00 TOTAL REVENUE $ 1,077,461.54 $ 200,538.46 $ 1,278,000.00 TOTAL REVENUE/RESERVE $ 1,077,461.54 $ 200,538.46 $ 1,278,000.00 • .. , il ALLOCATION OF BUDGET CEAP EXPENSE LINE ITEM BUDGET FY 2001 (7/1/00 - 6/30/01) I FAMILY SERVICES I SENIOR SERVICES I TOTAL AGENCY I SALARIES (See attached sheet) $ 491,254.36 S 79,971.64 $ 571,226.00 RCA $ 30,457.76 $ 4,958.24 $ 35,416.00 MEDICARE $ 7,123.38 $ 1,159.62 $ 8,283.00 UNEMPLOYMENT $ 4,981.12 $ 810.88 $ 5,792.00 WORKERS COMP $ 1,401.80 $.................... ... $.. ... 1,630.00 111111M04. 4.4**044411111111141111111113:40400111NEMBERNIM694 ONSMINgitaigiii LIFE INSURANCE $ 1,651.20 $ 268.80 $ 1,920.00 MEDICAL $ 30,168.80 $ 4,911.20 $ 35,080.00 LONG TERM DISABILITY $ . 4,806.54 $ • 782.46 $ 5,589.00 RETIREMENT $ 24,562.46 $ . 3,998.54 $ 28,561.00 IMAPPARNIMI:BP. 4 Fl. VIRESESSE:§MP400ECESERiiiiiiiiiMPifitAtiminignAMOC AUDIT/PROFESSIONAL SERVICES $ 6,012.50 $ 3,237.50 $ 9,250.00 CONTRACT SERV. HANDYWKS $ 4,700.00 $ 4,700.00 OFFICE SUPPLIES $ 6,500.00 $ 3,500.00 $ 10,000.00 POSTAGE $ 2,925.00 $ 1,575.00 $ 4,500.00 MAINTENANCE SUPPLIES $ 520.00 $ 280.00 $ 800.00 SitinniatilingiiiiRREENER$ ::::Mgg:16067.450::::::::tiii!:::::::::::::::::::iii::::::::::::::::U.St 0:::::::Vii:::::::::3*::::::::::::04$00.::: ......•"•• .. MAYD - --• • -• - $ 62,000.00 $ 62,000.00 $ CHRISTMAS $ 10,000.00 $ 10,000.00 FOOD SHELF $ 50,000.00 $ 50,000.00 111) STIPENDS $ 2,000.00 $ 2,000.00 SHELTER/UTILITIES $ 80,000.00 $ 80,000.00 TRANSPORTATION $ 2,000.00 $ 2,000.00 BACK TO SCHOOL $ 9,000.00 $ 9,000.00 SPECIAL NEEDS $ 25,000.00 $ , 25,000.00 HENN CO WELFARE/WK ASST $ 10,000.00 $ 10,000.00 ANOKA CO SCHOLARSHIP FUND $ - $ - ANOKA TRANS/CAR FUND $ 140,000.00 $ 140,000.00 ANOKA HMLS/OTHER AGENCIES $ 60,000.00 $ 60,000.00 ttii.itgi)$.0**400:111:1:::::::::::::::::::VMMI::::::::::38$A00Mii•:::::3:::::51:::: ....... .......................................................... UTILITIES $ 6,175.00 $ 3,325.00 $ 9,500.00 TELEPHONE $ 5,601.70 $ 3,016.30 $ 8,618.00 TRASH/RECYCLING $ 1,170.00 $ 630.00 $ 1,800.00 BLDG/ GROUNDS MAINT $ 4,550.00 $ 2,450.00 $ 7,000.00 FACILITY RENTAL • $ 21,379.00 $ - $ 21,379.00 ...... . TOMOCOPMeginagigigNIMP:iiiii:iiiiiinitiRWMESCHEBNatatiORMA::: ... ... ::::::::::::::::::::::::::::::::::::::::::::::::::::: STAFF DEVELOPMENT $ 4,912.32 $ 799.68 $ 5,712.00 FURNITURE / EQUIPMENT $ 5,928.65 $ 3,192.35 $ 9,121.00 TRAVEL, STAFF/VOLUNTEER $ 1,625.00 $ 875.00 $ 2,500.00 VOLUNTEER RECOGNITION $ 2,145.00 $ 1,155.00 $ . 3,300.00 COMMUNICATIONS $ 3,900.00 $ 2,100.00 $ 6,000.00 DUES/ MEMBERSHIPS $ 975.00 $ 525.00 $ 1,500.00 INSURANCE $ 5,525.00 $ 2,975.00 $ 8,500.00 DEPRECIATION $ 11,259.95 $ 6,063.05 $ .17,323.00 III INTEREST SCELLANEOUS $ $ - $ 1 $ - $ 1,050.00 $ - MI 3,000.00 iiiiittititiblittlei::::Eiliig:1::iiiiiii$:::g1:11::4:0812401111::t:::)::::::::::::4803.08:::::*::::::::::::::::::::i::::;i TOTAL AGENCY BUDGET . - $ 1,077,461.54 $ 200,538.46 $ 1,278,000.00 _ ............_... City Council Agenda Item No. 9h Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5327 PENN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430, LEGALLY DESCRIBED AS LOT 2, BLOCK 1, QUEEN ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA WHEREAS, the Ordinances of the City of Brooklyn Center, specifically Chapters 5 and 12, define as a hazardous building and a building deemed unfit for human habitation, any building or portion thereof which is dilapidated, unsanitary, unsafe or which suffers from obstructions from any source, including materials, articles or merchandise, liable to interfere with the operation of the fire department or egress of occupants in case of fire or which suffers any condition on the remises likely y to cause fire so as to endanger property or life; and WHEREAS, any dwelling deemed unfit for human habitation is also a hazardous building within the meaning of Minnesota Statutes Chapter 463.15; and • WHEREAS, Police Officers were called to 5327 Penn Avenue North in the City of Brooklyn Center, on 13 January 2000 to attend to a medical emergency involving the record owner, Jonatte Gunhild Strand, age 95, and found that the residence was so packed with clothing, furniture, articles of personal property, paper, bags, boxes and other combustible materials to such an extent that Officers even had difficulty finding Jonatte Gunhild Strand and extricating her from the dwelling for transport to North Memorial Hospital; and WHEREAS, Sara Louise Strand, daughter of Jonatte Gunhild Strand, is also a resident and occupant of 5327 Penn Avenue North and the care giver and agent of Jonatte Gunhild Strand; and WHEREAS, City Inspector, Ed Lovelace, inspected this premises in January, February and April 2000 and found the residence virtually full of the aforementioned items of personal property, many of which were stored next to appliances, heating duct work and the furnace and blocking transit through the home and egress from doors and windows and filling the bathrooms and bath tubs and kitchen areas of the home, making it unlikely that those facilities are fully usable; and WHEREAS, the City Council adopts the findings of the Police Department and the Housing Inspector pursuant to their reports attached hereto and incorporated herein; and RESOLUTION NO. WHEREAS, the owner of record of said real property is Jonatte Gunhild Strand, age 95. Sara Louise Strand, her daughter, who is also an occupant of said dwelling, is the agent and care giver for Jonatte Gunhild Strand. Jonatte Gunhild Strand and Sara Louis Strand were previously served with Compliance Orders from the City of Brooklyn Center requiring abatement of all of the nuisances and hazardous conditions recited here; and WHEREAS, Jonatte Gunhild Strand and Sara Louise Strand, her agent and care giver, have failed and refuse to comply with said Compliance Orders. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER THAT: 1. The City Council finds that the single - family dwelling at 5327 Penn Avenue North, Brooklyn Center, Minnesota 55430, is a hazardous building because of the presence of large amounts of clothing, fabric, furniture, boxes, bags and other items of combustible personal property stored in and near sources of ignition and blocking transit through the home and egress from doors and windows, thus constituting a fire hazard. • 2. The City Council finds that the condition of the premises at 5327 Penn Avenue North, Brooklyn Center, Minnesota 55430, constitutes a hazardous property and a public nuisance within the meaning of Minnesota Statutes §463 and Brooklyn Center Ordinances Chapters 5 and 12 and that said dwelling is unfit for human habitation. 3. The abatement of nuisances and fire hazards at 5327 Penn Avenue North, Brooklyn Center, Minnesota, is hereby ordered by the City Council of the City of Brooklyn Center as follows: a. Remove all clothing, boxes, bags, papers, furniture and other items of personal property, such that all kitchen, bathroom and sanitary facilities of the home are available and usable. b. Remove all clothing, boxes, bags, papers, furniture and other items of personal property, such that transit through the home may be easily accomplished and further such that egress from the home may be easily accomplished through each door and window thereof. c. Remove all clothing, boxes, bags, papers, furniture and other items of • personal property away from all duct work, furnaces, appliances and other sources of ignition. • RESOLUTION NO. d. Remove all clothing, boxes, bags, papers, furniture and other items of personal property to the extent that the Chief of the Brooklyn Center Fire Department or his designated inspectors are satisfied that the property complies with Chapter 5 of the Ordinances of the City of Brooklyn Center and the provisions of the Uniform Fire Code adopted thereby. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to cause and carry out the abatement described herein and to perform all other tasks and functions reasonably incident thereto and to keep an accurate record of the cost of all actions and proceedings herein, including administrative time, attorney's fees, costs and disbursements, and all other costs of the enforcement of this Order, and to send a statement of such costs to the landowners and occupants who are directed herewith to pay the same. Date Mayor ATTEST: • Clerk The motion for the adoption of the foregoing resolution was duly seconded by member And upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was duly passed and adopted. • RESOL(ITION.''dNO. ) ;: 1 '' 'y' r f �, Case # Brooklyn Center Police Department" t" '-' F.� 00-678 , MNO270200 Incident MEDICAL 1r I it k C[DENT REPORT Offense Code 1 q ?/1, v Offense Code 2 Offense Code 3 Offense Code 4 Location 5327 Penn Avenue N City /State/Zip _ Brooklyn Center, MN 55430 Date Committed T ime Committed 1/13/00 0559 hours Date Reported 1/13/00 Time Reported 0559 hours Date/Time Report Made I. /1 3/00 2200 Reporting Officer SELL NER Reviewed By/Date Assigned To I Reference Other Case Transcriptionist ck DISPOSITION Arrest Pending Inactive Unfounded • Exceptionally Cleared (Adult or Juvenile) f'nmtslraan #:....:.:'t? Agfm ::.......:..... • C I Juv N 1 Last Name, First, Middle OFFICER SELLNER DOB/ Address Brooklyn Center Police Department City/State/Zip Brooklyn Center, MN 55430 Home Phone I Work Phone • I Sex I Race - Other I Juv N ( Last Name, First, Middle DOB/ 1111 /tress City/State/Zip Home Phone I Work Phone I Sex I Race Other ::. Last Name, First, Middle DOB/ Address , City/State/Zip Phone (H) I Phone (W) AKA's •.. — . [ Sex I Race I Ht I Wt I Build I Hair I Eyes • z . .' Last Name, First, Middle DOB/ Address City/State/Zip Phone (H) I Phone (W) I AKA's Sex I Race I lit Wt I Build Hair I Eyes Year I State Make/Model/Style ake (cont) Color I Veh Impounded (YIN) Veh Involved In Accident (Y/N) ;;' Property She et Technicia v .P;RIJP��t'T�; p rty (Y/N) N Crim Lab (Y/N) N I Prints. N Photos. N Total Value of Loss I Other RESOLUTION NO. 99 - 678 Page 2 On 1/13/00 at 0559 hours, Officer Sellner and Officer PEARSON were called to 5327 Penn Avenue N in Brooklyn Center in reference to a medical. Upon arrival, Officers met with the homeowner, a Sara Louise STRAND, dob 12/18/35, with a home address of 5327 Penn Avenue . N in Brooklyn Center, home phone of 612 -560 -0483. Sara Strand informed Officers that her 94 year old mother had fallen out of bed and seems disoriented. Sara Strand identified her mother as JoAnatte Gunhild STRAND, dob 5/19/05, who also resides at 5327 Penn Avenue N. Upon entering the residence through the rear door, Officers immediate) observed that it was P g g � Y difficult to move around the house, due to the amount of items that were stacked in the rooms and in the hallways. Officers immediately went to a north bedroom, where Sara Strand stated that her mother was lying on the floor. Upon entering the bedroom, Officers observed that there was a large pile of clothing and blankets taking up approximately 3/4 of the bedroom, and observed that the pile of items was approximately six feet high. Officers observed a twin bed in the bedroom, but could not immediately find the victim. After searching around a large amount of clothing items and blankets sitting on top of the bed, Officers were able to find JoAnatte Strand, sitting P � g on the floor between the bed and the large pile of clothing items. Officers had a difficult time reaching the victim, due to the fact that the pile of blankets and clothing items were falling on top of the victim and needed to be moved and pushed out of the way. Officers observed that there was barely enough room to walk in the bedroom, and that the bed itself appeared un- usable. Officers did provide medical attention to JoAnatte Strand and assisted North Memorial in reference to run #AL01204. Sellner asked Sara Strand if her.mother slept in the bed that contained a pile of clothing items, at . which time she stated she did, and that some of the items laying on the bed she had picked up off of the floor in an attempt to get to her mother. Officers and paramedics on scene had a difficult time transporting JoAnatte Strand out of the bedroom, through a hallway, through the kitchen and out the back door, due to the large amount of items stacked in every available open space in the house. While transporting the victim out of the house, Sellner observed a bathroom area which • had a large amount of clothing items hanging on the door, making it difficult to close and also observed that there was a large amount of items stacked from the floor up to the counter area in • the bathroom, making it difficult to walk through. Sellner also observed from the hallway the living room area in the residence, which also appeared to be extremely cluttered with numerous items stacked in every available open space, making it difficult to even walk through the living room, as items had to be cleared as a pathway. Sellner also observed the kitchen area of the house and observed that there were no open spaces on any of the counter tops, and that numerous items • were stacked on the floor, table and counter top in the kitchen. Sellner did attempt to move some of these items to clear a pathway to get the victim out of the house, and observed that the large stacks of items on the counter top were so full that when Seliner attempted to place other items on top of them, that they fell over. • Due to the fact that the victim, JoAnatte Strand, was believed to have had a stroke, Sellner was not able to take photographs or to inspect the house further. Sellner does believe that the house is a fire hazard and is unsafe for its occupants, due to the large amount of clutter and items piled from the floor to the ceiling. Sellner does request that the residence be inspected for possible • violations. Seliner ck RESOLUTION NO. CITY OF BROOKLYN CENTER DEPARTMENT OF PLANNING AND INSPECTION • (612) 569 -3344 FAX (612) 569 -3494 BUILDING MAINTENANCE COMPLIANCE ORDER DATE: January 25, 2000 COMPLIANCE DATE: February 25, 2000 TO: Jonatte Strand 5327 Penn Ave North Brooklyn Center, MN 55430 LOCATION: 5327 Penn Ave North 1st Notice COMPLIANCE OFFICIAL: Ed Lovelace, Housing Inspector The following violations of the Building Maintenance and Occupancy Ordinance were cited during a recent inspection of the above premises. You are hereby informed that these violations must be corrected on or before the COMPLIANCE DATE indicated. Failure to correct violations or to make satisfactory arrangements to correct violations acceptable to the compliance official, may result in suspension or revocation of your rental dwelling license if applicable. In addition, your failure to comply may result in the issuance of a citation which, upon conviction, is • punishable by fine and /or imprisonment. Section 12 -1202 of the Ordinance provides for a fee of $25.00 to be charged for each reinspection necessary after the first reinspection. The reinspection fee(s) will be payable at the time of license renewal for the property. Section 12 -1202 of the Ordinance also provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of the Ordinance. The Appeal must be submitted to the Inspection Department, in writing, specifying the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $15.00 in cash or cashier's check. This letter has been sent to the tenant notifying of re- inspection on the compliance date. If corrections are made prior to the compliance date please contact our department to make an appointment and notify the current resident of change. If you have any questions or comments, please contact me at 569 -3344, Monday through Friday, 8:00 a.m. to 4:30 p.m. DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION 12 -303 Maintenance of Occupied Areas The interior of your home as it now exists is a fire hazard, it is unsafe for you and your neighbors. It is • your responsibility to clean out the clothing and miscellaneous items discussed at my initial inspection. I will reinspect weekly starting February 4 and will visit every Friday until February 25 by which time all cleanup should be complete. If you find you are having difficultly please notify this office and we will suggest social service help. RESOLUTION NO. CITY OF BROOKLYN CENTER DEPARTMENT OF PLANNING AND INSPECTION • (612) 569 -3344 FAX (612) 569 -3494 BUILDING MAINTENANCE COMPLIANCE ORDER DATE: April 6, 2000 COMPLIANCE DATE: April 17, 2000 TO: Jonatte Strand 5327 Penn Ave North Brooklyn Center, MN 55430 CC: LOCATION: 5327 Penn Ave North Final Notice COMPLIANCE OFFICIAL: Ed Lovelace, Housing Inspector The following violations of the Building Maintenance and Occupancy Ordinance were cited during a recent inspection of the above premises. You are hereby informed that these violations must be corrected on or before the COMPLIANCE DATE indicated. Failure to correct violations or to make satisfactory arrangements to correct violations acceptable to the compliance official, may result in suspension or revocation of your rental dwelling license if applicable. • In addition, your failure to comply may result in the issuance of a citation which, upon conviction, is punishable by fine and /or imprisonment. Section 12 -1202 of the Ordinance provides for a fee of $25.00 to be charged for each reinspection necessary after the first reinspection. The reinspection fee(s) will be payable at the time of license renewal for the property. Section 12 -1202 of the Ordinance also provides for Right of Appeal, when it is alleged that a Compliance. Order is based upon erroneous interpretation of the Ordinance. The Appeal must be submitted to the Inspection Department, in writing, specifying the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $15.00 in cash or cashier's check. This letter has been sent to the tenant notifying of re- inspection on the compliance date during the. If corrections are made prior to the compliance date please contact our department to make an appointment and notify the current resident of change. If you have any questions or comments, please contact me at 569 -3344, Monday through Friday, 8:00 a.m. to 4:30 p.m. DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION • SEE ATTACHED CITY ORDINANCE RESOLUTION NO. 1. Section 12 -1101 UNFIT FOR HUMAN HABITATION Any building or portion thereof, which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested, or which lacks provision for basic illumination, ventilation or sanitary • facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any building or premises has bee a declared unfit for human habitation, the compliance official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation, and any operating license previously issued for such dwelling shall be revoked. 2. It shall be unlawful for such building or portion thereof to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the compliance official. It shall be unlawful for any person to deface or remove the declaration placard from any such building. Section 12 -1103 HAZARDOUS BUILDING DECLARATION In the event a building has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the building may be declared a hazardous building and treated consistent with the provisions of Minnesota Statutes. • • RESOLUTION NO. k__ t. y c v M ` 1 I ^J(ntn V 4C MEMO To: Mr. William (Bill) Clelland, City Prosecutor From: Ed Lovelace, Housing Inspector Subject: Sara Strand 5327 Penn Ave North, DOB 12/18/35 Date: May 8, 2000 On January 14, 2000, I inspected the home of Sara L. Strand at 5327 Penn Ave North and found the entire premises cluttered and impassable because of the many piles of clothing, boxes, dirty dishes, and food packages piled and scattered throughout. On January 25, 2000, compliance orders were sent detailing the clean up required by February 25, 2000, noncompliance was the result. As of this date Sara L. Strand has not responded to numerous attempts to resolve this matter. Therefore, I am requesting a formal complaint be issued under Section 12 -1101 Unfit for Human Habitation and 12 -303 Failure to Maintain Occupied Areas. Please have a formal complaint issued to: Sara L. Strand DOB 12/18/35 5327 Knox Ave North Brooklyn Center, MN 55430 Attachments: Police Incident Report Photographs Compliance Report January 25, 2000 Compliance Report April 6, 2000 cc: David Fisher, Building Official cc: Brad Hoffman, Director of Community Development • RESOLUTION NO. P cEV CL • To: William (Bill) Clelland, City Prosecutes From: Ed Lovelace .`,y MEMORANDUM Subject: Formal Complaint for Sara Louise Strand, dob 12/18/35 Date: May 1, 2000 On January 13, 2000, Police were called to 5327 Penn Ave North Brooklyn Center in reference to a medical emergency. When Officers arrived, Sara Strand informed them that her mother had fallen out of bed and was disoriented. Upon entering the residence through the rear door Officers noticed that it was difficult to move around the house due to the amount of items that were stacked around and in the rooms and hallways. A Police incident report was forwarded to Ed Lovelace, Housing Inspector who went to the Strand home on January 14, 2000, upon entering the premises he immediately noticed the house was a fire hazard, and told Sara Strand that the entire premises would have to be cleaned out. On January 25, 2000, a compliance order was sent to Sara Strand directing her to clean out her house by February 25, 2000, (a fire hazard) also, a site inspection would be made weekly to check compliance as Sara had a broken arm and was having a hard time. The Housing Inspector recommended several social service agencies that might help this home owner to clean out her house but none were successful with helping for reasons unknown. On April 6, 2000, I again sent compliance orders because my weekly visits didn't move the owner to abate the fire hazard. Sara Strand was originally given 30 days to abate this public nuisance but • refused to comply. We are now 5 months after the fact and Sara L. Strand has not responded to numerous attempts to resolve this matter. Therefore, I am requesting a formal complaint be issued under Section 12- 1 101, Unfit for Human Habitation, and reinspection fees be charged for 15 weeks. Please have a formal complaint issued to: Sara L. Strand, dob 12/18/35 5327 Penn Ave North Brooklyn Center, MN 55430 cc: David Fisher, Building Official cc: Brad Hoffman, Director of Community Development Attachments: • strandle.wpd CARSON, CLELLAND 8c SCHREDER • ATTORNEYS AT LAW PROFESSIONAL LIMITED LIABILITY PARTNERSHIP JEFFREY A. CARSON 6300 SHINGLE CREEK PARKWAY, SUITE 305 TELEPHONE WILLIAM G. CLELLAND (763) 561 -2800 MINNEAPOLIS, MINNESOTA 55430-2190 FAX ELLEN M. SCHREDER ANN L. HARBINSON (763) 561 -1943 DAVID K. ROSS 18 May 2000 Mr. Michael J. McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Re: State of Minnesota, City of Brooklyn Center, vs. Sara Louise Strand 5327 Penn Avenue North, Brooklyn Center, Minnesota 55430 Dear Mike: Enclosed by delivery from Ed Lovelace please find a proposed Resolution and Order in the above - referenced matter for consideration at the next City Council meeting Monday • night, along with a copy of City Inspector's reports. Upon passage of the Resolution, please provide me with a signed Order so that I can arrange for service of the Order upon the owners of record and filing of the Order with the Court. If you have any questions, please feel free to call. Sincerely, CARSON, CLELLAND & SCHREDER � f Willia lelland WGC /jlr Enclosure • • ORDER FOR THE CORRECTION OF HAZARDOUS CONDITIONS AND THE ABATEMENT OF PUBLIC NUISANCES EXISTING AT 5327 PENN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. herewith orders Jonatte Gunhild Strand and Sara Louise Strand, her agent and care giver, to correct those hazardous conditions and to abate those public nuisances existing at 5327 Penn Avenue North, Brooklyn Center, Minnesota 55430, which has been declared to be a property unfit for human habitation and a public nuisance within the meaning of Brooklyn Center Ordinances Chapters 5, 7 and 12 and Minnesota Statutes Chapter 463.15, et seq, and to correct and resolve said hazardous conditions and to abate all public nuisances and to correct and resolve all Ordinance violations within five (5) calendar days from the date of service of this Order and Resolution upon • you. If there is no compliance with this Order, a Motion for summary enforcement of this Order shall be made to the Hennepin County District Court unless an Answer is filed herein within twenty (20) days of the date of service of this Order upon said parties pursuant to Minnesota Statute §463.18. If no compliance with this Order shall have taken place or no Answer contesting this action filed herein or if such Answer is filed and the Court orders the enforcement of this Order then the City ofBrooklyn Center shall cause the hazardous conditions to be corrected and all public nuisances abated and all Ordinance violations corrected and all costs of the correction of hazardous conditions, the abatement ofnuisances and other actions required by this Order, including filing fees, publication fees, attorney's fees, witnesses fees, administrative time and the like shall be a lien against the real property on which said conditions and violations were located, said lien to be levied and collected only as a special assessment in the manner provided by Minnesota Statutes Chapter 429 and the provision of Minnesota Statute §463.161. CITY OF BROOKLYN CENTER Dated: Michael McCauley, City Manager • 2