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HomeMy WebLinkAbout2010 04-26 CCP Regular Session Public Copy AGENDA • CITY COUNCIL STUDY SESSION April 26, 2010 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn • CITY COUNCIL MEETING City of Brooklyn Center • April 26, 2010 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. —Myrna Kragness 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance g g 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 L April 6, 2010 — Joint Session with Commissions 2. April 12, 2010 — Study Session 3. April 12, 2010 — Regular Session 4. April 12, 2010 — Executive Session 5. April 12, 2010 —Work Session 6. April 19, 2010 — Board of Appeal and Equalization b. Licenses C. Approval of Application and Permit for Temporary On -Sale Liquor License Submitted by Grand Gedeh Association In The Americas, Inc. for an Event to be Held May 15, 2010, at 5801 John Martin Drive, Brooklyn Center CITY COUNCIL AGENDA -2- April 26, 2010 I • 7. Presentations / Proclamations /Recognitions/Donations a. Proclamation Declaring May 16 -22, 2010, Public Works Week in Brooklyn Center Requested Council Action: — Motion to adopt proclamation. 8. Public Hearings None 9. Planning Commission Items a. Planning Commission Application No. 2010 -004 Submitted by Welsh Construction, LLC. Request for Preliminary Plat approval of Northwest Family Services Center Addition, the consolidation of tow residential lots with the Lot 3, Block 1, Osseo Schools Willow Lane Addition and dedication of right of way for the realignment/improvements to 71 Avenue North. The Planning Commission recommended approval of this application at its April 15, 2010, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2010 -004 Submitted by Welsh Construction, LLC., A Request for Preliminary Plat Approval of Northwest Family Service • Center Requested Council Action: — Motion to adopt resolution. b. Planning Commission Application No. 2010 -006 Submitted by Welsh Construction, LLC. Request for Site and Building Plan approval for a 63,362 sq. ft. building addition, two level parking garage and related site improvements to 71 st Avenue and Willow Lane parking lot. The Planning Commission recommended approval of this application at its April 15, 2010, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2010 -006 Submitted by Welsh Construction, LLC., A Request for Site and Building Approval for Phase II of the Northwest Family Service Center Requested Council Action: — Motion to adopt resolution. 10. Council Consideration Items a. Resolution Making Findings of Fact and Order Relating to Sterling Square Apartments, 1400 and 1401 67th Avenues North and 6640 and 6700 Humboldt Avenues North Requested Council Action: • — Motion to adopt resolution. CITY COUNCIL AGENDA -3- April 26, 2010 • b. Resolution Accepting Quotation and Awarding a Contract for 2010 Diseased Tree Removal Requested Council Action: — Motion to adopt resolution. C. Amend 2010 City Council Meeting Schedule Requested Council Action: — Motion to set date and time of Continued Board of Appeal & Equalization meeting to Monday, May 3, 2010, at 6 p.m. d. An Ordinance Relating to Diseased Trees; Amending Various Sections of Brooklyn Center City Code Ordinance, Sections 20 -204, 20 -302 through 20 -304 Requested Council Action: — Motion to approve first reading and set second reading and Public Hearing on May 24, 2010. e. Resolution Adopting a Fee Schedule for the Administrative Penalty System Requested Council Action: — Motion to adopt resolution. f. An Ordinance Relating to Fire Code; Amending a Section Brooklyn Center City • Code, Section 5 -203 Requested Council Action: — Motion to approve first reading and set second reading and Public Hearing on May 24, 2010. 11. Council Report 12. Adjournment • EDA MEETING City of Brooklyn Center April 26, 2010 AGENDA • 1. Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2. Roll Call 3. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. March 8, 2010 — Regular Session 4. Commission Consideration Items a. Resolution Authorizing Execution of a Second Amendment to Development • Agreement Requested Commission Action: — Motion to adopt resolution. b. Consideration of Grant Applications for Contamination Cleanup of the Former Howe Chemical Site Located at 4821 Xerxes Avenue North in Brooklyn Center 1. Resolution Authorizing the Economic Development Authority of Brooklyn Center, Minnesota to Apply for a Contamination Cleanup Grant from the Minnesota Department of Employment and Economic Development Requested Commission Action: — Motion to adopt resolution. 2. Resolution Authorizing the Submission of a Grant Application to the Metropolitan Council for the Tax Base Revitalization Account Requested Commission Action: Motion to adopt resolution. 3. Resolution Approving an Application for a Hennepin County Environmental Financial Grant Requested Commission Action: • — Motion to adopt resolution. 5. Adjournment AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION April 26, 2010 • Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Potential Acquisition of the Northbrook Apartments, 6037 Brooklyn Boulevard 2. Update on the Community Gardening Program and Establishing a Garden Plot Rental Fee 3. 2010 Budget Amendment 4. Joint Commission Meeting Follow up PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Sister City Update — Curt 2. 57th and Logan Update 3. Strategic Outcome Reports a. Prosecutor Services 4. Community Schools Update • 5. 2011 Brooklyn Center Celebration Update 6. Crime Free Housing Update 7. Neighborhood Designations 8. Junk and Inoperable Vehicles Update — Back Yard Parking 9. Minn. Stat. 273.128 4d Rental Properties — Annual Report 10. 6101 Beard -6037 Brooklyn Blvd Update — May 11. Local Government Aid Policy 12. Brookdale Mall Update 13. Joslyn/City Property Remediation Update 14. Prosecutor's Contract 15. Department Year End Reports 16. Active Living Program 17. RER — Howe Fertilizer Update 18. Garbage Hauler Report • City C 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 RECEPTION AND JOINT WORK SESSION WITH CITY COMMISSIONS APRIL 6, 2010 COMMUNITY CENTER — CONSTITUTION HALL RECEPTION A Reception and general conversation period was held in Constitution Hall from 6:30 p.m. until 7:00 p.m. CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Charter, Housing, Financial, Parks and Recreation, and Planning Commissions and was called to order by Mayor Tim Willson at 7:07 p.m. IN ATTENDANCE Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, and Dan Ryan were present. Councilmember Mark Yelich was excused. Curt Bo ane Assistant City Manager Vicki Schleunin City Staff present were City Manager C g y, ty , g g Fire Chief Lee Gatlin, Community Development Specialist Tom Bublitz, Director of Business and Development Gary Eitel, and Fiscal and Support Services Director Dan Jordet. Commissioners present were Charter Commissioners Stan Leino and Ed Nelson; Housing Commissioners Kris Lawrence - Anderson, Ephriam Olani, and Judy Thorbus; Financial Commissioners Rex Newman, Philip Berglin, and Dan Schuler; Parks and Recreation Commissioners Tom Shinnick and John Russel; and Planning Commissioner Sean Rahn. PRESENTATIONS BY CITY COMMISSIONS Financial Commission Commission Chair Rex Newman introduced the other members of the Commission who were present. Most of the work done by the Commission during 2009 was related to the operating budgets for 2009 and 2010. Much of that work was done through joint Work Sessions with the City Council. In 2010, the Commission will continue to participate in work on the operating budget for 2011 and will be considering City Council compensation for 2011 and 2012. Housing Commission Chair Kris Lawrence - Anderson indicated that the Commission received little direction in 2009 and did not have an overly impressive list of accomplishments as a result. In 2009 the Commission reviewed the Housing Ordinance, the Administrative Fines Ordinance, • the Comprehensive Plan, and held a brainstorming session on what to do. 04/06/10 -1- DRAFT The Commission would be happy to assist the Council in achieving Strategic Goal #3; Stabilizing and Improving Residential Neighborhoods. In addition, they would like to assist the • Council in achieving Ongoing Goal #5; Improving the City's Image. In summary, the Housing Commission would like to play a valued role in the achievement of the City's goals. Parks and Recreation Member Tom Shinnick listed the members of the Commission and indicated the Park Service Areas that each represented. The Commission's PowerPoint presentation highlighted their work in 2009. In summary, the Parks and Recreation Commission wants to support the citizens and their park and recreation needs. The Commission wants also to support the decision making process of the City Council. Planning Commission Commission Chair Sean Rahn began by saluting the work of long time Planning and Zoning Specialist Ronald Warren, who recently retired. He indicated that the commission had considered planning issues in three major areas during 2009; Brookdale, Northbrook, and the Opportunity Site. He then presented a 2010 program of work discussed by the Commission. The plan indicated a desire on the part of the Commission to assist the City Council in implementing Strategic Goal #2; Aggressively Proceeding with Implementation of the City's Redevelopment Plans, and Ongoing Goal #5; Improving the City's Image. City Manager Boganey stated that he had been looking forward to the Commissions' input. He indicated that he would assure that all Commissions received the staff support that each needs. Mayor Willson thanked everyone for their participation. He indicated that he'd heard some new ideas during the presentations and that the several comments on the community's image were • helpful. Charter Commission Charter Commission Chair Stan Leino then arrived and reported on the function and 2009 activities of the Charter Commission. He pointed out that the Commission was not an appointed body by the City Council but by the District Court. During 2009, the Commission considered some "housekeeping" detail changes to the Charter, heard a request for a ward system of Election for Council Members, but had no input at a public hearing called to discuss the issue. During 2010, the Commission expects to take up issues relating to bringing the City Charter into conformance with State Law. Councilmembers Lasman, Ryan, and Roche all expressed their thanks for the work of the Commissions and the commitment of the members to the betterment of the community. ADJOURNMENT The meeting was adjourned by Mayor Willson at 7:58 p.m. • 04/06/10 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 12, 2010 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Councilmember Roche requested discussion on agenda item 10b, hearing for Hyder Jaweed, concerning nonpayment of taxes and possible suspension or revocation of rental license. Mr. Boganey explained the Council will be asked to determine whether to revoke or suspend the rental license. However, the City's legal counsel recommends the Council remove item IOb from the agenda and take no action regarding the Hyder Jaweed rental license since taxes were paid and are now current. Staff and legal counsel had discussed the issue of this repeated behavior to withhold payment until after the Public Hearing had been scheduled and advertised and recommends the Council adopt a policy to consider licensing action regardless of property tax payment prior to the hearing. Should the Council find this appropriate, a motion could be made directing staff to prepare a policy to address this specific issue for Council's future consideration. The Council and staff discussed the timing of action and it was explained staff checks with the County when taxes are due and once it is known it is beyond the date for payment, staff takes action to notify the property owner of the delinquency. The Council recognized that a pattern has developed with some rental property o ert p p p p Y owners who habitually ake late payments th y p ym and e current procedure required a lot of time for staff to "babysit" rental property owners to assure payment of taxes and utilities. It was felt the City should be compensated, through a penalty or licensing fee structure, for staff time used to assure • payment of delinquencies. The Council considered what should be included in a policy such as: 04/12/10 -1- DRAFT . creation of a mechanism to assure payment of rental property taxes and utilities; instituting a cash penalty for delinquent payment; incorporation of a time line; action to be triggered when the • hearing date is scheduled; and to address repeat offenders the policy would indicate that "it would not preclude license action and even if payment is made prior to the hearing, the hearing will be held." It was the majority consensus of the Council to direct staff to schedule this topic for a future Work Session prior to the next notification. With regard to agenda item 10c, hearing for John Paul Roder, Mr. Boganey advised that the property owner had not paid the taxes due October 15, 2009, and delinquent in January of 2010. Staff recommends the Council make a finding of fact and direct staff to prepare a resolution to either suspend or revoke the rental license for the apartment. The Council asked staff to review the effect of revocation versus suspension during the Council meeting. City Clerk Sharon Knutson referenced the printout in the Council's meeting packet that identified the owner of record at Hennepin County and past due amounts. Councilmember Lasman requested discussion on agenda item 8a, Proposed Special Assessments for Delinquent Public Utility Service Accounts for 7120 Logan Avenue N, specifically in relation to the payment plan. She expressed concern that doing so would create "a can o worms" due to the staff time to complete additional record keeping. Mr. Boganey explained that record keeping is not a major issue; however, it would establish • precedence for future requests. He indicated it is his preference to certify the assessment. The Council acknowledged Ms. Beelen's spotless payment record and concern with establishing g P p Ym g an adverse precedence. Councilmember Lasman requested discussion on agenda item 10e, An Ordinance Relating to Definition of the Clear View Triangle; Amending City Code Section 25 -802, specifically in relation to examples of what would be included in the sight triangle. Mr. Boganey described the types of permanent structures that would be allowed such as a tree or fence which, in reality, already exist. Currently, the Ordinance requires the structures be removed. The amended language provides discretion when something is in the clear view triangle but does not represent a safety hazard. He advised that a policy should be in place that is either Council adopted or creates a standard followed administratively. It was the majority consensus of the Council to direct staff to draft a policy for Council's review and comment at a future Work Session. Councilmember Lasman requested discussion on agenda item 6d, Resolution Designating 2010 Planting List of Allowable Boulevard Tree Species, specifically in relation to the engineer's estimate and low bid. • 04/12/10 -2- DRAFT Public Works Director /City Engineer Steve Lillehaug described staff's activities to interview and compare proposals from two consultants for design services. He advised of the bids received and determination that the hourly rates were comparable and the difference in costs related to the number of hours included in each proposal. Mr. Lillehaug presented his recommendation to award the bid to SRF, noting they also designed the project. The Council indicated support to award the bid to the contractor that realistically estimated the number of hours involved. Councilmember Yelich requested discussion on agenda item 10g, Special Assessment Hearing Appeal for 6233 Scott Avenue N., requesting clarification of the $100 inspection fee. Mr. Boganey stated the ordinance allows a $100 inspection fee each time staff goes back to the same property. In this case, staff is not recommending the $100 fee be certified because it is unlikely the property owner would have known about the $100 fee since the inspection occurred on the same date the property was purchased. The Council discussed this item and noted that while the owner of record may have a claim, it is not against the City so it supported certifying the assessment. Mr. Boganey stated the information in the meeting packet is not intended to suggest this is the actual purchase agreement but, rather, it is a standard document that is typical for this type of property transaction. He noted the buyer or seller would have known about the $350 assessment • had they called the City to ask about pending assessments. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Roche moved and Councilmember Lasman seconded to close the Study Session at 6:47 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Yelich seconded to reconvene the Study Session at 6:49 p.m. Motion passed unanimously. The discussion continued on agenda item 10g, Special Assessment Hearing Appeal for 6233 Scott Avenue N. Councilmember Lasman stated that after reading the sample purchase agreement and other information, she changed her mind because the agreement clearly stated the buyer or seller is responsible for unpaid assessments. She supported certifying the $350 assessment and forgiving • the $100 re- inspection fee since the buyer and seller may not have known about it. It was noted 04/12/10 -3- DRAFT that this item was tabled to the April 12, 2010, Council meeting because the motion to dismiss one -half of the assessment on 6233 Scott Avenue N. had failed on a tied vote. • MISCELLANEOUS Councilmember Lasman requested an update on the MangoTango liquor license. Mr. Boganey explained there may be a change in management so a background check would be required. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS MAJOR PLAN AMENDMENT TO THE SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION'S SECOND GENERATION MANAGEMENT PLAN AMENDMENT Mr. Boganey introduced the item and explained this was a continuation of a previous discussion of the Shingle Creek and West Mississippi Watershed Management Commission's major plan amendment. The Council had requested additional information pertaining to the Capital Improvement Plan (CIP). Mr. Lillehaug noted the corrected CIP information has been provided to the Council as well as a memorandum to explain how they arrived at the specific levy amounts, broken down per watershed. He requested Council input whether it supports the major plan amendment and exceeding the maximum levy amount for 2010 of $500,000 to levy $637,500. This increase is a result of projects not occurring when originally programmed. • The Council discussed the proposed levy, noting the assessment to an individual property would equal about $1.00 for each $100,000 of value on the property. Mr. Lillehaug stated that is a relatively close estimate, noting the 2010 Shingle Creek projects for a $150,000 home would be assessed $6.15. Mr. Lillehaug answered the Council's questions regarding proposed 2010 capital improvement projects, noting it was a good time to undertake construction projects due to the favorable bid environment. ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 7:03 p.m. Motion passed unanimously. • 04/12/10 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 12, 2010 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:47 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. • Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7 :04 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services • Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and 04/12/10 -1- DRAFT Development Gary Eitel, City Manager/Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carla Wirth, • TimeSaver Off Site Secretarial, Inc. Others present were City Prosecuting Attorney William Clelland. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Yelich moved and Councilmember Lasman seconded to approve the Agenda and Consent Agenda, as amended, with the removal of Item No. 10b from the Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. March 22, 2010 — Study Session 2. March 22, 2010 — Regular Session 3. March 22, 2010 — Work Session 6b. LICENSES MECHANICAL • Assured Htg., AC & Refrigeration 13571 Balsam Lane, Dayton Faircon Service Company 2560 Kasota Ave, St. Paul Heating & Cooling Two, Inc. 18550 Co Rd 81, Maple Grove Horwitz, Inc. 4401 Quebec Ave N., New Hope North Suburban Heating & A/C 19066 Vasper, Anoka Recher HVAC, LLC 1119 Madison Ave, Isanti Thermal Force Mechanical P.O. Box 670, Osseo MOTOR VEHICLE DEALERSHIP Cars with Heart 6121 Brooklyn Boulevard RENTAL INITIAL (two-year license) 6605 Camden Drive Javier Estrada 5828 Fremont Avenue N. Hamid Safdari 4746 Lakeview Avenue Brian Meltzer 5607 Lyndale Avenue N. Timothy Quam 6012 Pearson Drive Michael Haase 6900 Regent Avenue N. Houa Her (passed with weather deferral) 5406 Sailor Lane James Waters 5842 Washburn Avenue N. Daniel Pryde • 04/12/10 -2- DRAFT (passed with weather deferral) • RENEWAL (two-year license) 6100 Summit Drive Earle Brown Terrace Apts. 292653 rd Avenue N. Nita Morlock 7101 France Avenue N. Luanne Thompson (passed with weather deferral) 4113 Lakebreeze Avenue N. Pamela Grover (passed with weather deferral) 6913 Regent Avenue N. Thao Thu Lai RENEWAL (TYPE I — three-year license) 7024 Newton Avenue N. Troy Pfingsten 5312 Queen Avenue N. Brian Hamilton/Ryan Wellenstine SIGNHANGER Signation Sign Group 6840 Shingle Creek Parkway 6e. APPROVAL OF APPLICATION AND PERMIT FOR TEMPORARY ON- SALE LIQUOR LICENSE SUBMITTED BY THE CHURCH OF ST. ALPHONSUS, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD MAY 1, 2010 (CINCO DE MAYO CELEBRATION) • 6d. RESOLUTION NO. 2010 -68 DESIGNATING 2010 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES 6e. RESOLUTION NO. 2010 -69 AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR IN- CONSTRUCTION SERVICES, IMPROVEMENT PROJECT NO. 2010 -01, DUPONT AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. TREE CITY USA/ARBOR DAY AND ARBOR MONTH 1. RESOLUTION NO. 2010 -70 RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE EIGHTEENTH CONSECUTIVE YEAR City Manager Curt Boganey introduced the item and stated the purpose of the resolution. Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010 -70 Recognizing the Designation of Brooklyn Center as a Tree City 8m g � Yn Y • 04/12/10 -3- DRAFT i USA for the Eighteenth Consecutive Year. Motion p assed unanimously. • I PROCLAMATION DECLARING APRIL 30 2010 2. , ARBOR DAY AND MAY 2010 ARBOR MONTH IN BROOKLYN CENTER Councilmember Lasman moved and Councilmember Yelich seconded to approve Proclamation Declaring April 30, 2010, Arbor Day and May 2010 Arbor Month in Brooklyn Center. Motion passed unanimously. for donating 150 to cover Arbor Da Mr. Bo ane recognized the Sons of the American Legion $ Y g Y � g g expenses. 7b. GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK AND EARTH DAY 1. PROCLAMATION DECLARING APRIL 17 -24, 2010, AS THE GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK Mr. Boganey introduced the item, reviewed past cleanup activities, and stated the purpose of the proclamation. Councilmember Lasman moved and Councilmember Ryan seconded to approve Proclamation • Declaring April 17 -24, 2010, to be the Great Shingle Creek Watershed Cleanup Week. The Council expressed its appreciation to all who will volunteer their time during this event and noted it will provide an excellent opportunity for parents to be positive role models by showing, with action, that all have a responsibility to keep the City and water clean. Della Young, Watershed Commissioner, echoed the Council's comments and stated her appreciation to the Council for its support and funding this event. Motion assed unanimously. P 2. PROCLAMATION DECLARING APRIL 22, 2010, AS EARTH DAY IN BROOKLYN CENTER Councilmember Ryan moved and Councilmember Yelich seconded to approve Proclamation Declaring April 22, 2010, to be Earth Day in Brooklyn Center. Motion passed unanimously. 8. PUBLIC HEARING • 04/12/10 -4- DRAFT 8a. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 1. RESOLUTION NO. 2010 -71 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Mr. Boganey introduced the item, reviewed the history, and stated the purpose of the resolution. Councilmember Ryan moved and Councilmember Yelich seconded to re -open the Public Hearing. Motion passed unanimously. Karen Beelen, 7120 Logan Avenue N, stated she is able to make the payments every month and asked the Council to consider her request for a payment plan. Councilmember Lasman moved and Councilmember Roche seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman stated the idea of a payment plan versus assessments was discussed at the Work Session this evening. She noted that an assessment would also extend payments so it would not be an undue hardship to Ms. Beelen. Councilmember Lasman stated based on that discussion and recommendation of the City Manager, she supports certification of the assessment. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -71 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. Councilmember Yelich noted that when this assessment is made, the property owner will make two payments in 2011 as part of the 2010 assessment. He agreed with the importance of not setting precedence by creating payment plans after the point of certifying assessments, which would create an additional administrative burden. Councilmember Ryan stated he had struggled with this decision but given the homeowner can set aside the same $75 amounts, he believed there would not be a hardship. He concurred the City did not want to establish a precedence and indicated he would support the motion, with regret. Motion passed unanimously. 8b. ORDINANCE NO. 2010 -04 RELATING TO AN ADMINISTRATIVE PENALTY SYSTEM, ADDING SECTIONS 18 -201 TO 18 -211 TO THE BROOKLYN . CENTER CITY CODE 04/12/10 -5- DRAFT Mr. Boganey introduced the item to implement a charter amendment approved by the citizens to • institute an administrative penalty system. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning presented the history and purpose of the proposed ordinance to implement an administrative penalty, which would be a civil process. She advised of the need to adopt a resolution to establish fees, develop systems and a process, informational materials, staff training, and implementation. Councilmember Lasman moved and Councilmember Roche seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Roche seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Yelich seconded to adopt ORDINANCE NO. 2010 -04 Relating to an Administrative Penalty System, adding Sections 18 -201 to 18 -211 to • the Brooklyn Center City Code. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2010 -005 SUBMITTED BY WELSH CONSTRUCTION, LLC, REQUESTING PLANNED UNIT DEVELOPMENT APPROVAL TO ALLOW CONSTRUCTION OF A 63,362 SQ. FT. ADDITION TO THE ADULT EDUCATION BUILDING, A THREE STORY PARKING STRUCTURE, A REDESIGN OF ACCESS AND INTERNAL MOVEMENT WITHIN THE PARKING LOT OF THE EARLY CHILD LEARNING CENTER AND ACCESS IMPROVEMENTS FROM 71' AVENUE NORTH Director of Business and Development Gary Eitel provided background information and an overview of Planning Commission Application No. 2010 -005 submitted by Welsh Construction, LLC. Mr. Eitel advised the Planning Commission recommended approval and explained that at second reading of this ordinance, the City Council will consider a second resolution that includes the restrictive covenant and other restrictions. • 04/12/10 -6- DRAFT Mr. Eitel answered questions of the City Council regarding traffic circulation and the likelihood of shortcut traffic. With regard to the resident's letter expressing concern that traffic approaching from the west may use a shortcut, Mr. Eitel stated that based on the traffic studies and in viewing the site, he has not seen traffic from 69' Avenue seeking to shortcut through the neighborhood. He noted this plan would move access for the school and parking lot off Perry Avenue. 1. RESOLUTION NO. 2010 -72 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2001 -005 SUBMITTED BY WELSH CONSTRUCTION (NORTHWEST FAMILY SERVICES CENTER — CEAP & ISD 279) Councilmember Lasman moved and Councilmember Roche seconded to adopt RESOLUTION NO. 2010 -72 Regarding the Disposition of Planning Commission Application No. 2010 -005 Submitted by Welsh Construction (Northwest Family Services Center — CEAP & ISD 279). Motion passed unanimously. 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST QUADRANT OF BROOKLYN BOULEVARD AN 71 AVENUE) . Mr. Eitel introduced the item and explained the purpose of this ordinance. It was noted that the Planning Commission will consider the final site plan review of this application on April 15, 2010, and on May 10, 2010, the Council will hold a Public Hearing and consider the covenants. The Council commented on the importance of the Family Services Center and CEAP to address the needs of the City's residents and stated its support to bring this institution back into Brooklyn Center. The contributions of Mayor Myrna Kragness and CEAP volunteers were acknowledged. Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading of an Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land (Southwest Quadrant of Brooklyn Boulevard and 71" Avenue North) and set second reading and Public Hearing for May 10, 2010. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT TO HOUSING COMMISSION Mayor Willson announced the appointment of Tracy Groves to the Housing Commission. Councilmember Lasman moved and Councilmember Yelich seconded to ratify Mayoral • appointment of Tracy Groves, 5337 Girard Avenue N., to the Housing Commission. 04/12/10 -7- DRAFT Motion passed unanimously. • 10b. HEARING FOR HYDER JAWEED, HOLDINGFORD INVESTMENTS, LLC, REGARDING RENTAL PROPERTY LOCATED AT s>ROOKHA VEN APARTMENTS (3907, 3909, AND 391165 AVENUE NORTH) This item was removed from the agenda upon adoption. 10c. HEARING FOR JOHN PAUL RODER, SIERRA - STERLING INVESTMENTS, LLC, SIERRA PROPERTIES, INC., RAPAHAR PROPERTIES, INC. REGARDING RENTAL PROPERTY LOCATED AT STERLING SQUARE APARTMENTS (1400 AND 1401 67 AVENUES NORTH AND 6650 AND 6700 HUMBOLDT AVENUES NORTH) Mr. Boganey introduced the hearing for John Paul Roder related to delinquent utilities and taxes. City Prosecuting Attorney William Clelland and City Clerk Sharon Knutson advised of the known as Sterling Square Apartments and the aid delinquent taxes and utilities for roe P unp q property rtY g q facts under consideration. It was noted that while Mr. Roder ha d indicated he felt there was consideration under the ordinance because he intended to protest taxes, there is no evidence he has initiated legal action. Mr. Clelland advised that the ordinance requires land owners to be current on property taxes and all obligations due to the City during the term of the rental license. In response to Council's question, Ms. Knutson reviewed the entities under which Mr. Roder has • listed this property, noting all use a mailing address of 1818 Bryant Avenue North, Apt. 43, Minneapolis. Mr. Clelland advised that notice was sent to all entities. Councilmember Roche moved and Councilmember Lasman seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Ci ty Council. Councilmember Ryan moved and Councilmember Roche seconded to close the Public Hearing. Motion passed unanimously. Councilmember Roche moved and Councilmember Lasman seconded to direct staff to prepare a resolution for the next City g Council meeting with findings of fact to revoke the rental license for property located at Sterling Square Apartments. City Attorney Charlie LeFevere addressed the ordinance distinction between suspension and revocation of a rental license. If a rental license is suspended for a specific term, a new rental application is not required and the license would be renewed at the end of that term under certain • 04/12/10 -8- DRAFT conditions, such as payment of taxes. A suspension can be applied to a portion of the building or • the entire premises for a period up to 90 days or until a specified condition is met. A license revocation may be up to one year, after which the owner would apply for a new license under the standards of the current ordinance, which are different than standards of the previous ordinance. Following discussion, Council consensus was reached that license revocation was the appropriate consideration since past action to suspend had not yielded results. Consensus was also reached to consider the term of revocation at the next Council meeting so additional data can be considered. Motion passed unanimously. 10d. ELECTION RELATED ORDINANCE AMENDMENTS 1. AN ORDINANCE RELATING TO MUNICIPAL ELECTIONS; AMENDING CITY CODE SECTIONS 29-401,29-402, AND 29 -403 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Lasman seconded to approve first reading of an Ordinance Relating to Municipal Elections; Amending City Code Section 29 -401, 29 -402, and 29 -403, and set second reading and Public Hearing for May 10, 2010. Motion passed unanimously. 2. AN ORDINANCE AMENDING CHAPTER 4 OF THE BROOKLYN CENTER CITY CHARTER, SECTIONS 4.01 AND 4.02 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Yelich seconded to approve first reading of an Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Section 4.01 and 4.02, and set second reading and Public Hearing for May 10, 2010. Motion passed unanimously. 3. AN ORDINANCE RELATING TO CAMPAIGN SIGNS; AMENDING CITY CODE SECTIONS 34 -140 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Yelich seconded to approve first reading of an Ordinance Relating to Campaign Signs; Amending City Code Section 35 -140, and set second 04/12/10 -9- DRAFT reading and Public Hearing for May 10, 2010. Motion passed unanimously. • 10e. AN ORDINANCE RELATING TO DEFINITION OF THE CLEAR VIEW TRIANGLE; AMENDING CITY CODE SECTION 25 -802 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Roche seconded to approve first reading of an Ordinance Relating to the Definition of the Clear View Triangle; Amending City Code Section 25 -802, and set second reading and Public Hearing for May 10, 2010. Motion passed unanimously. 10f. RESOLUTION NO. 2010 -73 APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 (POLICE COMMANDERS AND SERGEANTS) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2010 Mr. Boganey introduced the item, discussed the history, and recommended approval of the proposed resolution. Councilmember Roche moved and Councilmember Lasman seconded to approve • RESOLUTION NO. 2010 -73 Approving the Contract for Law Enforcement Labor Services (LELS) Local 86 and the City of Brooklyn Center for Calendar Year 2010. Motion passed unanimously. 10g. RESOLUTION NO. 2010-74 SPECIAL ASSESSMENT HEARING APPEAL Councilmember Lasman moved and Councilmember Ryan seconded to remove this item from the table. Motion passed unanimously. Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman explained that at the last meeting, based on the information and explanation provided, she felt this assessment could have been missed. However, upon review of additional information and the wording of a typical purchase agreement it clearly indicates such costs are the responsibility of the buyer or seller. Councilmember Lasman stated that unless the property owners provides a copy of their purchase agreement proving they were not 04/12/10 -10- DRAFT informed, she supported action to dismiss the $100 re- inspection fee and certify the assessment • (including capital interest charge and special assessment charge). Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -74 Certifying Special Assessments for Delinquent Weed Removal Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich had no report. Councilmember Lasman reported on her attendance at the following events: • April 6, 2010, joint meeting with various Commissions that was very productive. She indicated support that this joint meeting becomes an annual event. • April 9, 2010, Fire Fighter Awards Banquet Councilmember Lasman advised of the Mega Sports Card Memorabilia Event held April 9 -11, 2010, at the Earle Brown Heritage Center Councilmember Roche reported his attendance at the following events: . • Housing Commission meeting • Joint City Council and Commissions meeting • North Hennepin Chamber of Commerce luncheon with Governor Pawlenty Councilmember Roche announced that Earth Fest will be held on April 22, 2010, 1 -4 p.m. at the Brooklyn Center High School, and advised that "Shop Brooklyn Center" savings coupons are available. Councilmember Ryan reported his attendance at the following events: • March 27, 2010, 60 anniversary, Royal Laotian Army Recognition • March 31, 2010, Brooklyn Center Centennial Planning Committee meeting • April 1, 2010, Governor's speech • April 6, 2010, joint meeting of the City Council and volunteer Commissions. He thanked the members of volunteer commissions for their important contribution and dedicated service. • April 9, 2010, Annual Fire Fighters Awards Banquet Mayor Willson reported on his attendance at the following events: • March 27, 2010, 60 anniversary, Royal Laotian Army Recognition • April 6, 2010, All Commission meeting • April 7, 2010, toured the Luther site and found the improvements made were impressive • April 9, 2010 Fire Department Awards Banquet • Ap ril 10 , 2010 Fire Department Breakfast Fund Raiser • ADJOURN TO EXECUTIVE SESSION 04/12/10 -11- DRAFT Councilmember Lasman moved and Councilmember Yelich seconded to adjourn at 8:35 p.m. to • closed Executive Session under the attorney - client privilege, Minnesota Statutes 13D.05, subdivision 3(b), to discuss pending litigation. Motion passed unanimously. RECONVENE Mayor Willson reconvened the meeting at 9:09 p.m. following a closed Executive Session. SETTLEMENT AGREEMENT AND RELEASE BETWEEN CITY OF BROOKLYN CENTER AND FARNAZ TOUSSI, 5800 LOGAN AVENUE NORTH Mr. Clelland summarized the Council's discussion during the Executive Session regarding a Settlement Agreement and Release with Farnaz Toussi, one of the owners of 5800 Logan Avenue North. Mr. Clelland advised that the action before the Council to approve the Settlement Agreement and Release would terminate the civil litigation without the City paying any costs, no concession on the City's part, or relaxation of enforcement of the City's ordinance. Councilmember Yelich moved and Councilmember Lasman seconded to approve the Settlement Agreement and Release as outlined by Prosecuting Attorney Clelland with the understanding that the criminal litigation will be pursued with those charges being paid by the other party. Motion passed unanimously. • 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded adjournment of the City Council meeting at 9:14 p.m. Motion passed unanimously. • 04/12/10 -12- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER • IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION APRIL 12, 2010 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 9:15 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers /Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Others present: Patricia Fitzgerald of Hennepin County, Bob Close of Close Landscape Architecture, and Diane Spector of Wenck Associates. • MAJOR PLAN AMENDMENT TO THE SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION'S SECOND GENERATION WATERSHED MANAGEMENT PLAN AMENDMENT The Council continued its discussion of the Shingle Creek and West Mississippi Water Management Commission's Second Generation Watershed Management Plan amendment and revision to its Capital Improvement Plan (CIP). With regard to the cost share issue, Public Works Director /City Engineer Lillehaug advised it is not yet worked out by the Watershed Commission and consideration was tabled because BWSR did not agree with their approach. If the cost share program is solidified, the Watershed Commission would solicit comments from the City Council. Mr Lillehaug were questions of the Council regarding the proposed projects including the . Lill u answered s p p P J g g q g g 629W wetland project, and work each would entail. Concern was expressed regarding the degraded condition of Twin Lake and lost opportunities for high -end lake properties as a result of not ro erl managing stormwater. It was noted the Twin Lake project was already mandated P P Y g g P J to be completed. Discussion ensued regarding establishment of the $500,000 levy cap and legal interpretation that '1 h clarified it is a self im posed gu ideline and it was $500,000 per watershed distract. Mr. L ill e haug aug p � decision of the Watershed Commission whether to exceed that guideline. He noted that CIP 04/12/10 -1- DRAFT projects were shifted and as a result the levy for 2010 exceeded the $500,000 guideline for levied projects. 40 City Manager Curt Boganey reviewed the history of the Watershed Commission's request, identified capital project list, anticipated CIP based on estimated project costs, and past discussion regarding the use of a levy against individual property owners within the District to pay for needed capital projects. He noted that when the Watershed Commission brought the assumed CIP to the cities, there were no significant projects in the West Mississippi Watershed area. For that reason, he does not believe anyone on the Council or Watershed Commission thought about this annual guideline of $500,000 potentially being $1 million. However, now there are projects outside of the Single Creek Watershed. Mr. Lillehaug noted the 2010 costs exceed $500,000 because the Commission shifted the 639W project and added the Shingle Creek Restoration Project at the City's request. It was pointed out that the assessment would not be against the same property owners, they are two separate watershed areas. The Council discussed the City's current budget constraints and the Council's and staff's efforts to "live within its means." It was the majority consensus of the Council to recommend the Watershed Commission develop a consistent predictable CIP so costs can be budgeted and to schedule projects to remain within the $500,000 levy cap. The Council noted that the Watershed Commission was created to reverse the failed efforts of the cities to improve lake water quality and allows all communities to work together and share costs for those improvements. Support was expressed for projects that improve the water quality of Shingle Creek and the Mississippi • River as long as the levy cap is maintained, noting the City is not an "open checkbook." Mr. Boganey stated staff will research the City's options with regard to participation in the Watershed and whether it has the ability to tell Hennepin County that Brooklyn Center does not support the Commission's increased levy. In addition, staff will inform the Watershed Commission of the Council's comments, that a levy of $500,000 per Watershed District is a point of contention, and suggest the Commission revisit that question or bring it more directly back to the cities for comment on the new definition of $500,000 per Watershed District. CONNECTIONS AT SHINGLE CREEK — A CORRIDOR STUDY Mr. Lillehaug introduced this item and explained how such studies are used, included in planning documents, and valuable in obtaining funding. in County, Bob Close of Close Landscaping Patricia Fitzgerald of Henne Co ty, p g Architecture, and g p Diane Spector of Wenck Associates, presented the Single Creek Corridor Study and discussed the range of enhancement opportunities that can be considered. Drawings were displayed and descriptions provided of the four options to create a crossing. It was noted the public's favorite option was a bridge and the second favorite option was an under crossing. Mr. Lillehaug summarized staff's questions and outlined implementation strategies. • 04/12/10 -2- DRAFT Councilmember Lasman presented pictures of Shingle Creek near Sherry Lane and indicated that • while she supports the Study, she thinks removal of the debris could be accomplished as a minimal project. Ms. Spector described the City staff training that will be undertaken to create better stewards of the Creek. Mr. Close stated there is also an opportunity to engage high school students and provide more understanding of the Creek. It was the majority consensus of the Council that the Creek, trail system, and tree canopy are tremendous and valuable amenities. The Council indicated its appreciation for the Study presentation and support to look at long -term sustainable options that are not too expensive. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 10:26 p.m. Motion passed unanimously. • 04/12/10 -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 EXECUTIVE SESSION APRIL 12, 2010 CITY HALL - SHINGLE CREEK CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met in Executive Session called to order by Mayor Tim Willson at 8:40 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, City Attorney Charlie LeFevere, City Prosecutor Bill Clelland, Legal Counsel Robin Wolpert, Greene Espel, PLLP, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and City Clerk Sharon Knutson. The City Council, City Attorney, and staff discussed pending litigation regarding Farnaz Toussi, owner of The Lilacs, 5800 Logan Avenue North. ADJOURNMENT • The Brooklyn Center City Council Executive Session adjourned at 9:08 p.m. 04/12/10 -1- 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 • BOARD OF APPEAL AND EQUALIZATION APRIL 19, 2010 CITY HALL — COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council met as the Board of Appeal of Equalization and the meeting was called to order by Mayor Tim Willson at 7:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, City Assessor Nancy Wojcik, Appraiser Jill Brenna, Appraiser Technician Karen Casto, Hennepin County Commercial Appraiser Chris Bennett, and Deputy City Clerk Maria Rosenbaum. 2. LOCAL BOARD OF APPEAL AND EQUALIZATION (LBAE) CERTIFICATION FORM City Assessor Nancy Wojcik introduced the Local Board of Appeal and Equalization and • discussed the Certification form. 3. THE PURPOSE OF THE LOCAL BOARD OF APPEAL AND EQUALIZATION Ms. Wojcik explained the purpose of the Local Board of Appeal and Equalization. 4. QUESTIONS REGARDING THE LOCAL BOARD OF APPEAL AND EQUALIZATION DUTIES There were no questions regarding the Local Board of Appeal and Equalization duties. 5. THE ASSESSOR'S REPORT Ms. Wojcik reported on the sales for residential, commercial/industrial, and apartments occurring during the October 1, 2008 through September 30, 2009 study period. During the summer of 2009 her office conducted re- inspections for the 2010 assessment of residential properties located west of Penn Avenue North and south of 59 Avenue North to the City border, and all townhomes located in the City west of Xerxes Avenue North. In addition to all residential properties located in the review area, all citywide duplex, triplex, and a portion of commercial, industrial, and apartment properties were also included. The 2009 inspections began on May 6, 2009, and included approximately 2,400 parcels. 04/19/10 -1- DRAFT The overall value changes made to the 2010 assessments were as follows: Citywide (including all property types) -10.50 percent Citywide (excluding new construction) -10.80 percent Citywide (residential single - family detached only) -11.59 percent Citywide (excluding new construction) -11.72 percent Commercial -10:00 percent Industrial -8.98 percent Apartments -6.40 percent Condominiums - 15.80 percent Townhouses -15.80 percent Double Bungalows -10.71 percent Residential Neighborhoods: #50456 All Residential -11.59 percent #50455 Residential Off Water -11.81 percent #56 Residential Waterfront -4.74 percent 6. QUESTIONS REGARDING THE ASSESSMENT REPORT There were no questions regarding the Assessment Report. 7. APPEARANCES BY TAXPAYERS WITH APPOINTMENTS The following addressed the Board to appeal their 2010 estimated market values: • William Kenney, 7036 Willow Lane, addressed the Board to express that he believes his valuation is unreasonable and outlined some comparisons he complied for the Board to review. There was discussion regarding the effective age of the home and the difference between lake and river front properties. Ms. Wojcik read her report and explained staff s recommendations for the property located at 7036 Willow Lane as included in the packet. A motion by Councilmember Roche to consider an adjustment to 7036 Willow Lane's effective age. Motion dies with lack of a second. A motion by Councilmember Lasman, seconded by Mayor Willson to sustain the estimated market value of $293,100 for 7036 Willow Lane. Councilmember Roche voted against the same. Motion passed. Richard Edlich from Cel Monton LLC addressed the Board to discuss the Brooklyn Center properties that he had purchased in 2008 and 2009 and requested that the Board review the valuations. 04/19/10 -2- DRAFT • He informed that the property at 5310 Knox Avenue N no longer needed to be included for further review. There was discussion regarding the properties Mr. Edlich owns and rents and Ms. Wojcik outlined her report and informed that she recommends that all of Mr. Edlich's properties that he is appealing be scheduled for review and brought back to the Board at the reconvene date. None of the properties for Cel Monton LLC, Rifive, Patricia Cooper, Doug Wahl have not been evaluated since Mr. Edlich had purchased them and all characteristics need to be reviewed. A motion by Councilmember Lasman, seconded by Councilmember Roche to have Mr. Edlich's properties at 5857 Colfax Avenue N, 6014 Girard Avenue N, 5640 Fremont Avenue N, 5739 James Avenue N, 5542 Irving Avenue N, 5443 Irving Avenue N, 5351 Irving Avenue N, 3707 61 Avenue N, 5325 70 Circle, 5418 70 Circle, 7030 Regent Avenue N, 6601 Unity Avenue N, 6413 June Avenue N, and 6114 Dupont Avenue N reviewed and brought back to the reconvene meeting. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Roche to sustain the estimated market value of $91,000 for 5310 Knox Avenue N. Motion passed unanimously. 8. APPEARANCES BY TAXPAYERS WITHOUT AN APPOINTMENT There were no walk appellants. 9. CONSIDERATION OF WRITTEN APPEALS The following provided written appeals and were not present. • Monte Hanson, 3715 50 Avenue N, believes that this property is assessed too high and would like the Board to reduce his valuation. Ms. Wojcik discussed the special situation regarding this property, which was combined of two parcels, and stated that the property had been reviewed April 2009 by the City and June 2009 by the County. There was discussion regarding the two previous reviews done in 2009 and it was noted that there were no permits pulled since June of 2009 and no physical change to the property. A motion by Councilmember Lasman, seconded by Councilmember Yelich to sustain the estimated market value of $1,040,000 for 3715 50 Avenue N. Motion passed unanimously. 10. SET DATE OF LOCAL BOARD OF APPEAL AND EQUALIZATION RECONVENE MEETING Councilmember Lasman moved and Councilmember Roche seconded to reconvene the Board of Appeal and Equalization meeting on May 3, 2010, at 6:00 p.m. Motion passed unanimously. 11. ADJOURN Councilmember Lasman moved and Councilmember Roche seconded to recess the meeting at 8:35 p.m. Motion passed unanimously. • 04/19/10 -3- DRAFT City Council Agenda Item No. 6b • COUNCIL ITEM MEMORANDUM DATE: April 20 2010 • TO: Curt Bo ane City Manager g Y� Y g FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its April 26, 2010, meeting. Background: The following businesses /persons have applied for City licenses as noted. Each business /person has. fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL Associated Mechanical 1257 Marshall Road, Shakopee • CenterPoint Energy 9320 Evergreen Blvd, Coon Rapids Home Comfort Cooling & Heating 8111 151" Lane NW, Ramsey Northern Heating & Air 9431 Alpine Drive, Ramsey Stern Heating & Cooling 34181 180 Avenue, Red Wing Yale Mechanical, Inc. 9649 Girard Avenue S, Bloomington MOTOR VEHICLE DEALERSHIP Brookdale Metro Mitsubishi 7231 Brooklyn Blvd RENTAL See attached reports. TOBACCO Regal Dollar & Tobacco Inc. 615 66 Avenue N Budget Issues: There are no budget issues to consider. ?tlission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust ' x.,n.. .... ,,,,,, , : .,Y; �� . - a. -,- ; ^ IM„ ww, Rental Standards Prior to March 6, 2010 5348 70th Cir Single Family Initial Deepak Nath 0 O 5455 Brooklyn Blvd Single Family Initial William & Donna Zieska 0 OK OK Passed with weather deferral 3018 O'Henry Rd Single Family Initial Ut Nguyen 2 OK OK 6700 Orchard Ln N Multi Family Marvin Gardens 9 Bldg/52 Units Renewal Redevco Marvin Garden LTD 0 OK OK Passed with weather deferral 5328 -30 Queen Ave N Single Family Renewal Chad & Amy Bucher 1 OK OK 4100 61st Ave N Single Family Renewal Emmanual Coker 3 OK OK 4907 65th Ave N Single Family Renewal William Bjerke 0 OK OK 6835 Colfax Ave N Single Family Renwea) lAdeyinka Badewa 0 1 OK I OK 5419 Humboldt Ave N Single Family Renewal Cecilia Pineda 0 OK OK 6907 Quail Ave N Single Family Renewal ITony & Carmen Holder 0 OK OK S • • ds 'fie:- v�� E &,� F ��. ' y - • ' s ° F , 07 77 , Current Rental Standards � �e,;� . G � � ,i, °i � w �� �� �- .� ,. � y �er��.e .,� ��' ,rc �� � � � � fi�'�� ,r � �x � •� � �ti €., � r :- �i/1l`z�. s f - �, '�'�5.. k r t� � a "7 ���,. � �. .?� �I' a; a r z ik� � � .:1 rr �,��;ro ^ a .�"� ''a� :•i, �,,. F *�`,w 6000 Beard Ave N Single Family 11nitial IVictor Lindblom 1 0 II 0 II 1 OK I OK 5306 Russell Ave N Two Family (1) lRenewal I Donna Reinarz 4 II 0 II OK - OK 6813 Humboldt Ave N B304 Single Family lRenewal I Richard Edlich 0 1 2 II OK OK Type 1= 3 year Type ll =2year Type III = 1 year Type IV = 6 mos City Council,Agenda Item Na 6c • COUNCIL ITEM MEMORANDUM • DATE: April 20, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J�W4NJ& SUBJECT: Application and Permit for Temporary On -Sale Liquor License Submitted by Grand Gedeh Association In The Americas, Inc. for an Event to be Held May 15 2010, at 5801 John Martin Drive, Brooklyn Center Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on -sale liquor license submitted by Grand Gedeh Association In The Americas, Inc. for an event to be held May 15, 2010, at 5801 John Martin Drive, Brooklyn Center. Background: Grand Gedeh Association In The Americas, Inc. has submitted an application and permit for temporary on -sale liquor license for an event to be held May 15, 2010, at 5801 John Martin Drive, Brooklyn Center. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a nonprofit organization for at least three years. The application and accompanying • documentation has been forwarded to the Police Department for review and follow -up. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11 -107 (6) Temporary On -Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12 -month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On -Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Alission: Ensuring an attractive, clean, .safe community that enhances the qualitp of life and preservers the public trust OF PU, i to Department of Public Safe M nneso p h' ALCOHOL AND GAMBLING ENFORCEMENT DIVISION '. P 444 Cedar Street Suite 133, St. Paul MN 55101 -5133 �� (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 -6555 — W W W.DPS. STATE.MN.US APPLICATION AND PERMIT FOR A I TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE i TYPE OR PRINT INFORMATION i:`JL ; NAME OF ORGANIZATION t t, ATE ORGANIZED TAX EXEMPT NUMBER •, / ,,�.? -� / ._ � • 1 L`' ' —�� �D '� � �h' ~�' STREET ADDRESS CITY STATE ZIP CODE �77 - NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE DATES LIQUOR WILL BE SOLD] j TYPE OF ORGANIZATION �" ` CLUB CHaRITABLE I TI R ORGANIZATION OFFICER'S NAME ADDRESS ,4 Ie x G e)ecW t v � ORGANIZATION OFFICER'S NAME ADDRESS -7p� � /v 611j� ` "' 0 , S a ORGANIZATION OFFICER'S NAME ADDRESS 1 "07 ' V " ` f�) G- -'A t y' e i Le w / // S , ✓UV� !✓ fit Y' l,r'LlN JS`t Location license will be used. If an outdoor area, describe �. -1� f r � � / C��2`? /. J r� 1% / / 1 %!/t s'1 1/1 , 2 ✓7 , /�/ �1 rJ 1 , �� 1 �ry a tj J Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT Cl TY COUNTY _ 6(YD�jL4 n 0 0 DATE APPROVED _ CITY FEE AMOUNT 1 LICENSE DATES DATE FEE PAID t i 1 D SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and /or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079 (05/06) C D IRS Depa:txnew of the Treasury luteraal Rertnue Service P.O. Box 2508 In reply refer to: 024$364801 Cincinnati OH 45201 Apr. 17, 2009 LTR 4168C ED 30- 0067107 000000' 00000 0 00014923 BODC: TE GRANX) GEDEH ASSOCIATION IN THE AMERICA INC 49 BRIGHT SKY CT OWINGS MILLS MD 21117.1781 1833b ' Employer Identification Number: 30- 0067107 Person to Contact: Ms. Manuel Toll Free Telephone Number.: 1 -877 -8.29 -5504 Dear Taxpayer. This is in response to your request of Apr. 08, 2009 regardisig ygUr tax- exempt status. Our records indicate that a determination letter was Issued in November 2003, that recognized you-as exempt from Federal income tax, and discloses that you'are currently exempt under section 501(c)'(3) of the Internal Revenue Code. • Our records also indicate You are not a private foundation within the meaning of section 509(x) of the Code because you are described in section 509(x)(2). Donors may deduct contributions to you as provided in section 170 of the Code. Bequestst legacies, devises, transfers, or gifts to you or for your use are deductible for - Federal estate and gift tax purposes if they meet the applicable provis'i.ons of sections 2055, 2106, and 2522 of the Code. If you have any questions,• please call us at the telephone number shown in the heading of this letter. - Sincerely yours, Michele M. Sullivan, Oper. Mgr. Accounts Management Operations I CERTIFICATE OF LIABILITY INSURANCE Date PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS Affinity Insurance Services, Inc. UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER 159 E. County Line Road THE COVERAGE AFFORDED BY THE POLICIES BELOW. Hatboro, PA 19040 INSUREERS AFFORDING COVERAGE INSURED Grand Gedeh Association in the USA My /IA INSURERA: Markel American Insurance Company Chapters 3283 132nd Cir NW INSURER B: Minneapolis, MN 55433 Event Date: 05/15/2010 INSURER C: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE ABOVE NAMED INSURED FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ; ANY REQUIREMENT, T ERM OF CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH I POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE' POLICY EXPIRATION DATE LIMITS LTR (MMIDDfM (MWDD/YY) GENERAL LIABILITY 122354 05/15/2010 05/15/2010 EACH OCCURRENCE $1,000,000 ® GENERAL LIABILITY I FIRE DAMAGE (Any one fire $1,000,000 ❑CLAIMS MADE ©OCCUR MED EXP (Any one person) $ Excluded A i ®HOST LIQUOR INCL. ( PERSONAL INJURY $1,0007,000 GENERAL AGGRREGATE $1,000,000 © TPPD GENERALAGGREGATEL 16LT APPLIES PER I I DAMAGE TO RNTD PROP. $1,000,000 I ® POLICY ❑ PROJECT ❑ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ❑ ANY AUTO Ea accident ❑ ALL OWNED AUTOS ` BODILY INJURY $ ❑ SCHEDULED AUTOS I (Per Person B I 0- HIRED AUTOS BODILY INJURY $ ! (Per person) ❑ NON -OWNED AUTOS i PROPERTY DAMAGE $ I ❑ (Per accident) I I ❑ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ C ❑ ANY AUTO OTHER THAN EA ACC $ ❑ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE ❑ DEDUCTIBLE AGGREGATE $ D ❑ OCCUR ❑ CLAIMS MADE E.L EACH ACCIDENT $ ❑ RETENTION $ E.L. DISEASE-EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONSILOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The certificate holder is included as an insured under the hosting facility liability coverage, but only as respects claims arising out of negligence of the Named Insured. j ( *If the event continues past 12:00 a.m., at the location named on the declarations page, such continuation i shall be considered as the event date. Event includes set up and break down and the scheduled rehearsal cr rehearsal dinner scheduled within 48 hours of the event if the evert is a wedding. Set up and break down (means decoration and removal of decoration at the event location that occurs no more than 24 hours prior t^ the event and 24 hours after the event. i CERTIFICATE HOLDER X CANCELLATION Miracle Redemption Center - 5801 John Martin Drive Minneapolis, N1N 55429 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I EXPIRATION DATE THEREOF, THE ISSUING ! COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO I SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OF ! REPRESENTATIONS 1 AUTHORIZED REPRESENTATIVE I 1 CITY OF BROOKLYN CENTER Cash Receipt Receipt Date 4/13/2010 l e eceipt Number 57970 GRAND GEDEH ASSN LIQUOR LICENSE 10100 -4201 25.00 LIQUOR LICENSE Total Receipt Amount 25.00 122994 8:38:58 • i City Council Agenda ( Item No. 7a COUNCIL ITEM MEMORANDUM • DATE: April 20, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Proclamation Declaring May 16 -22, 2010 Public Works Week in Brooklyn Center Recommendation: It is recommended that the City Council consider adoption of a proclamation declaring May 16- 22, 2010, as Public Works Week in Brooklyn Center. Background: National Public Works Week is a celebration of the tens of thousands of men and women in North America who provide and maintain the infrastructure and services collectively known as public works. Instituted as a public education campaign by the American Public Works Association in 1960, the weeklong celebration calls attention to the importance of public works in community life. The week seeks to enhance the prestige of the professionals who serve the public good every day with quiet dedication. In 2010, we celebrate the contributions of public works professionals as well as the communities they serve. • The Public Works Department employees 37 full time and 15 seasonal employees in the five divisions of the Department— Engineering, Street Maintenance, Parks Maintenance, Public Utilities, and the Central Garage. All divisions work together as a team to provide high - quality service for people who live, work, and visit Brooklyn Center. Many of the tasks like plowing streets, mowing parks, putting up signs, pumping water, maintaining large equipment, and designing improvement projects are high profile. Many more tasks are completed almost unnoticeable except in their absence. Many people do not realize that many of the efforts of the department take place while everyone else is sleeping. It is not unusual for street or park employees to get called out in the middle of the night after a storm to clear fallen trees from the road, or to plow or provide ice control during a winter storm, or utility employees to be called out to respond to a sewer backup or water main break. Our Public Works employees take great pride in their work. Budget Issues: There are no budget issues to consider. • ;, ;t: PROCLAMATION • DECLARING MAY 16 -22, 2010 PUBLIC WORKS WEEK IN BROOKLYN CENTER WHEREAS, public works services provided in our community are an integral part of our citizens everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as engineering, water, wastewater, storm drainage, streets and highways, parks, and central vehicle fleet maintenance; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness ofthesefacilities as well as theirplanning, design, and construction is vitally dependent upon the efforts and skill ofpublic works personnel; NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BR OOKL YN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim May 16 -22, 2010 as "National Public Works Week" in the City of Brooklyn Center, and I call upon all citizens • and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works personnel make every day to our health, safety, comfort, and quality of life. April 26, 2010 Mayor Ma Date y Council Members ATTEST. City Clerk • City Council Agenda Item No. 9a r COUNCIL ITEM MEMORANDUM . DATE: April 21, 2010 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Planning Commission Application No. 2010 -004 (Northwest Family Service Center — Preliminary Plat) Recommendation: It is recommended that the City Council, following consideration of this matter, approve the Resolution Regarding the Disposition of Planning Commission Application No. 2010 -004 Submitted by Welsh Construction (Northwest Family Services Center — Preliminary Plat). Background: On April 12, 2010, the City Council accepted the Planning Commission recommendation on the rezoning of the Northwest Family Service Center and the Willow Lane Early Childhood and Family Education Center to PUD (R -1 & C -1). (The second reading of the ordinance amendment and public hearing is scheduled for May 10, 2010). On the April 26, 2010 City Council Agenda is Planning Commission Application No. 2010 -004 • submitted by Welsh Construction, LLC requesting Preliminary Plat approval of Northwest Family Services Center Addition, the consolidation of two residential lots with the Lot 3, Block 1, Osseo Schools Willow Lane Addition and dedication of right of way for the realignment/improvements to 71 Avenue North. This matter was considered by the Planning Commission at their March 25, 2010 and April 15, 2010 meetings and has been recommended for approval. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2010 -004, 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 included in the Planning Commission's review Additionally, enclosed is a copy of Hennepin County's review letter which was received after the Planning Commission information was assembled. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. Will aggressively proceed with implementation of the City's Redevelopment Plans 5. Will improve the image of the City with Citizens and those outside of the City's border. Hission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010 -004, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF NORTHWEST FAMILY SERVICE CENTER WHEREAS, Planning Commission Application No. 2010 -004 submitted by the Welsh Construction, on behalf of CEAP, Inc. and Independent School District 279 requests Preliminary Plat approval of a subdivision, to be known as Northwest Family Service Center, a replat / consolidation of Lot 1, Block 1, Center Brookdale Addition (R -1 residence /vacant lot), Lot 4, Block 1, Replat of Block 2 Lang Addition (R -1 residence /vacant lot), and Lot 3, Block 1, Osseo Willow Lane Addition (C -I Adult Ed Building) into a 3.9 acre lot with right of way dedications to facilitate improvements to the 70 Ave. North; and WHEREAS, the Planning Commission held a duly called public hearing on March 25, 2010 which was continued until April 12, 2010 at which time a staff report and public testimony regarding the preliminary plat of Northwest Family Service Center were received; and WHEREAS, the Planning Commission finds that the Preliminary Plat is consistent with the General Development Plans of the Northwest Family Service Center Planned Unit Development. • WHEREAS, the Planning Commission recommended approval of Application No. 2010 -004 by adopting Planning Commission Resolution No. 2010 -01; and WHEREAS, the City Council considered Application No. 2010 -004 at its April 26, 2010 meeting, considered the Preliminary Plat in light of all testimony received and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 2010 -004 submitted by Welsh Construction in consideration of the following: 1. The final plat is subject to review and approval by the City Engineer Department as outlined in their memo dated April 13, 2010. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Appropriate cross access agreement allowing access from the Willow Lane Early. Childhood and Family Education Center, the Northwest Family Service Center, and the Willow Lane Apartments to the proposed Lot 3 • shall be developed and filed with the plat. • RESOLUTION NO. 4. The necessary drainage and utility easements within this Plat and the PUD Master Plan, as approved by the City Engineer, shall be dedicated and filed with the final plat. 5. Existing, but no longer necessary, easements shall be vacated by the City prior to release of the final lat. P P 6. Approval of the access improvements to the entrance onto Brooklyn Boulevard and the 71 Avenue signalized intersection by Hennepin County. 7. Approval of the 71 Avenue street realignment project by the City of Brooklyn Center. • 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. • Application Filed on 2 -18 -10 • City Council Action Should Be Taken By 4 -19 -10 (60 Days) Planning Commission Information Sheet Application No. 2010 -004 Applicant: Welsh Construction. LLC Location: Southwest Quadrant of Brooklyn Boulevard and 71 st Avenue North (7051 Brooklyn Boulevard) Request: Preliminary Plat of Northwest Family Services Center The applicant, Welsh Construction, LLC, on behalf of Osseo Area Schools (ISD 279) and CEAP (Community Emergency Assistance Program) are seeking preliminary plat approval to facilitate the consolidation of the two residential lots at 4813 7 V Avenue and 4819 71 Avenue, recently acquired by CEAP, with the property addressed as 7051 Brooklyn Boulevard (Adult Education Building) into a single parcel comprising 169,877 sq. ft. and 3.9 acres in area. The platting of the property will provide for dedication of 5,493 sq. ft. of additional right of way to facilitate the planned intersection improvements to 71 Avenue North, realignments to enhance the residential street entrance to the Perry neighborhood and access to the existing Willow Lane Early Childhood Learning Center. This 3.9 acre lot will include the Phase I improvements constructed for the Adult Education • Building and the proposed Phase II improvements to be constructed for CEAP and the Hennepin County Human Services and Public Health Department. BACKGROUND INFORMATION On November 8, 2004, the City Council accepted the Planning Commission's recommendation and granted Preliminary Plat approval to the subdivision of Osseo Schools Willow Lane Addition, a subdivision which created a 3.63 acre lot for the phased development planned by the School District and CEAP and the reconfiguration of the Willow Lane Elementary School lot and the Willow Lane Park to facilitate a land exchange associated with the construction of a storm water management pond to serve the planned development with 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. Appropriate cross access agreement allowing access from the Willow Lane Apartments to the proposed Lot 3 shall be developed and filed with the plat. 4. Appropriate drainage and utility easements as approved by the City Engineer shall be provided to protect public utilities and the retention pond. Said easement shall be 4 -15 -10 • Page 1 • filed with the final plat. 5. Existing, but no longer necessary, easements shall be vacated by the City prior to release of the final plat. 6. The location of access to the proposed Lot 3 is subject to final approval and permit by Hennepin County. On November 8, 2004, the City Council adopted Resolution No. 2004 -153. On April 12, 2010, the City Council accepted the Planning Commission's recommendation on a PUD General Development Plan and the rezoning of the Lot 2, Block 1, Osseo Willow Lane Addition and the adjoining two residential lots (included in the proposed plat of Northwest Family Service Center) from R -1 to PUD/R -1 and the rezoning of Lot 3, Block 1, Osseo Willow Lane Addition from Cl to PUD /C1 with the following conditions: 1. Execution of a PUD development agreement as prepared by the City Attorney. 2. Completion of the Replatting of the Northwest Family Services Center Addition. 3. Approval of a final site plan by the Planning Commission and City Council. 4. Hennepin County approval of the improvements to the 71 Avenue/Brooklyn Boulevard signalized intersection. 5. City approval of a street improvement project to 71 Avenue. EASEMENTS The replatting of these three lots includes the vacation of the following public easements: - A drainage and utility easement previously dedicated along the east lot line of Lot 1, Block 1, Center Brook Addition. - A portion of a 20' drainage and utility easement within the parking lot and entry drive used for the storm water discharge line, which is planned to be relocated along the eastern lot line adjoining the Willow Lane Apartment lot. The plat also includes the dedication of the following new easements and right of way: - The dedication of 5,493 sq. ft. of additional right of way for 71" Avenue North. - The dedication of a 15' drainage and utility easement for the relocation of the storm water discharge line. - The plat provides for the dedication of standard drainage and utility easements on all perimeter lot lines (10 foot along public right of ways and 5 foot along side and rear lot lines). As part of the PUD approval, an easement in lieu of this standard will be provided to avoid encroachment by the parking structure and building, where a zero foot interi or setback is proposed from the common lot line between the Early Childhood and Family . 4 -15 -10 Page 2 Education lot and the Northwest Family Services Center lot. • Additional easement locations for the utilities, consistent with the approved site, building, and utility plans, will be coordinated with the City's Public Works Department and placed on the final plat. Also, shared access and parking easements, though shown on the final plat, will be recorded for the benefit of the ISD # 279, CEAP, Inc. and other parties that may be included in the declaration of covenants and restrictions of the PUD agreement. These easements will also become part of a condominium agreement which will provide ownership and operational guide for the Northwest Family Service Center, its parking structure and grounds. Utilities: Municipal water and building fire protection is provided from the 71" Ave. water lateral which is extended within the Brooklyn Boulevard front yard. A separate connection from this same line is extended to serve a hydrant on the west side of the building. The sanitary sewer service for phase I is proposed to be relocated to a new sewer connection and extended southerly within the 71 Ave. access drive to serve both Phase I & H. Storm Water Management: The initial subdivision of this property provided drainage easements for the construction of a storm water detention pond with a controlled outlet elevations that were constructed as part of • the phase I improvements. The applicant has provided a provided a storm water management report & calculations for the Phase H improvements, which has been attached for your reference. The report indicates that the existing pond will manage the flows calculated for this development by the relocation of the existing outlet control structure. Access Improvements: Access improvements that are being reviewed by the Engineering Department and Hennepin County include: A modification to the Brooklyn Boulevard entrance that would allow full traffic movement to enter the site; but limit traffic leaving at this location to a right turn movement (south bound). These improvements will improve safety for the traveling public on Brooklyn Boulevard and employees and users of these facilities. Note: These changes do not affect the southern access point of the apartments. Major modifications to the 71 Avenue street alignment, signalized intersection, which includes a left turn lane for northbound travel onto Brooklyn Boulevard, are being reviewed by the Hennepin County Transportation Department and the City's Engineering 4 -15 -10 • Page 3 • Department. Additionally the street improvements will focus on an entry to the Northwest Family Services and the Willow Lane Early Childhood Family Education Center sites and an entrance that identifies this as a residential neighborhood and discourages through traffic movement. Attached for your reference are reports provided by SRF Consulting Group, Inc. which address the preliminary design and cost estimates of these improvements and the traffic study that was previously referenced at the public hearing on the PUD rezoning application. The Public Works' Director /City Engineer is reviewing the preliminary plat and will be offering written comments, which will be attached for the Commission's review. CONTINUATION OF THE MARCH 25.2010 PUBLIC HEARING This is a continuation of the Planning Commission's public hearing on the Preliminary Plat of Northwest Family Service Center that was scheduled and officially noticed for the March 25, 2010 Planning Commission Meeting. Following the staff report, I would recommend that we proceed with a motion to reopen the public hearing, and upon accepting additional public testimony, a motion to close the public hearing would be in order. RECOMMENDATION This preliminary plat may be in order pending submission of the additional information relating to Willow Lane Park. Approval of the preliminary plat should be 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. Appropriate cross access agreement allowing access from the Willow Lane Early Childhood and Family Education Center, the Northwest Family Service Center, and the Willow Lane Apartments to the proposed Lot 3 shall be developed and filed with the plat. 4. The necessary drainage and utility easements within this Plat and the PUD Master Plan, as approved by the City Engineer, shall be dedicated and filed with the final plat. 5. Existing, but no longer necessary, easements shall be vacated by the City prior to release of the final plat. 4 -15 -10 Page 4 6. Approval of the access improvements to the entrance onto Brooklyn • Boulevard and the 71 Avenue signalized intersection by Hennepin County. 7. Approval of the 71 Avenue street realignment project by the City of Brooklyn Center. 4 -15 -10 . Page 5 F O p '', � 'a of to I i � J } � lii �• { / tilt } {f i } '�°• R s' !d i {J f y to r i as If ft' a i I J df I� i ij lei $1 !T t A u C m• , g 3 . e s' .J� Y 1 , I + I( w tg Fl I 1 1„i +�itFiPi,trylpx +i r " l a I l:'' � �IFh .•�.! V le i '/ `l .,� •. ,F ". ,� i ,. a y. ; �: !If�'1•: �I�S ! -!�.. � N�'� s ��AA'' C ^I .....,, . � \. � ..:, f i(�S'"a 'S' I {:�' T 't -F . 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Lt,h�k() 1 � \ i�,' a, 0.1 b tts i I t i • �i� i F ;! �- $i "'�`:j i' <� , i!(lil��I��a - � , �j i IH� 151 i �`�, :f'�y .F.,. �...' • -�:��. !� � � i �� I� 1 • PRELIMINARY STORM WATER MANAGEMENT REPORT & CALCULATIONS Northwest Family Services Center Phase H Facility • Brooklyn Center, MN VAA Job No. 10028 February 11th, 2010 VAA, LLC. 2955 Xenium Lane North, Suite 10 Plymouth, MN 55441 I Table of Contents a at um and H dr a • Summary Storm Water Summary y ogr h Tables p Appendix A Rainfall Analysis Maps, State of Minnesota Appendix B Site Map and Existing and Proposed Drainage Area Analysis Maps Appendix C HYDROCAD Calculations Appendix D Soil Boring Logs and Log Location Map • i z • • Storm Water Summary and Hydrograph Tables Design Standards — Northwest Family Services Center Phase II Facility has been evaluated to meet or exceed the Minnesota Pollution Control Agency (MPCA), National Pollution Discharge Elimination System (NPDES), and Best Management Practices (BMPs). Existing Site Description -The existing site consists of an existing building, parking lot and its associated driveways, sidewalks and paths. The site improvements are scheduled to begin in early May, 2010, with the site improvements scheduled to be completed in early November, 2010. Existing Terrain Description -See below and Appendix B: The majority of the site drains to the existing pond located to the south of the existing parking lot. A small portion of the site drains directly off site to 71 Ave N and Brooklyn Blvd. The existing pond also takes runoff from areas located off the site. Existing Drainage Pattern -See Below and Appendix B: Sub - drainage area 1X consists of drainage from areas on -site that drain to the existing pond to the south of the site. It consists of the majority of the existing on -site impervious surfaces, with a smaller portion of the area being existing turf areas. Sub- drainage area 2X consists of off -site areas that drain into the existing pond to the south of the site. The majority of this area is an existing park, consisting of turf area open spaces. A smaller • portion of this area is existing impervious surfaces consisting of some athletic courts, paths, and buildings. Sub - drainage area 3X consists of areas on -site that drain off site. The majority of this area is turf areas, with a smaller portion consisting of existing impervious surfaces including bituminous roadways and concrete sidewalks. Proposed Site Description -The proposed site will consist of a new addition to the existing building, and a two story parking ramp structure. The effect on overall impervious from the parking ramp structure will be negligible, as it is being constructed on top of an existing bituminous parking lot, and drainage from the above grade levels of the parking structure will.be discharged to the sanitary sewer. Due to the site improvements, there will be an increase in impervious surfaces on the site. The HydroCAD model for the site has shown that the increase in impervious surfaces are low enough that the existing pond will manage the flows by relocating the existing outlet control structure. Proposed Terrain Description- See below and Appendix B: P P PP The proposed terrain will drain in generally the same patterns as the existing conditions. The amount of area draining off site will be reduced as part of the proposed improvements, and more runoff will be directed into the existing pond. The proposed finished floor of the building addition will match the finished floor of the existing building. Drainage from the above grade levels of the parking ramp structure will be directed to the sanitary sewer. Proposed Drainage Patterns -See below and Appendix B: • Sub - drainage Area 1 S consists of drainage from areas on -site that drain to the existing pond to the south of the site. It consists of the majority of the existing on -site impervious surfaces, and the proposed building addition. A smaller portion of this area is turf areas. Sub- drainage Area 2S consists of off -site areas that drain to the existing pond south of the site. The majority of this area is an existing park, consisting of turf area open spaces. A smaller portion of this area is existing impervious surfaces consisting of some athletic courts, paths, and buildings. Also, a small portion of new off -site impervious surfaces will drain to the pond, specifically from the driveway connections from the proposed driveway to the west of the site. Sub- drainage area 3S consists of on -site areas that drain off -site. The majority of this area is turf • areas, with a smaller portion consisting of existing impervious surfaces including bituminous roadways and concrete sidewalks. The following tables summarize the data that is revealed in the 2 -year, 10 -year, and 100 -year runoff conditions. The curve numbers (Cl) for the existing and proposed site range from 74 to 98. For an exact breakdown, see the following HYDROCAD analysis. Hydrograph Computation Summary Table for Northwest Family Services Center Phase II Facility Pre- Redevelopment Site Analysis 2 year Runoff 10 Year Runoff 100 Year Summary Runoff Total Runoff (cfs) , Post - Redevelopment Site Analysis 100 Year Summary 2 Year Runoff 10 Year Runoff Runoff Total Runoff (cfs) i • Appendix A: Rainfall Analysis Maps, State of Minnesota • • . S DEPARTMENT or AGRICULTURE MINNESOTA BO,L CONBEAVATIDN BERVICS r 93 9r 93' 2 —YEAR 24 —HOUR RAINFALLONCHES) � 1 2.2 1 �---- _ 2.3 �� _ti 1 , I r 2,4 ...w -- r i • r , CIAV { 00 0 VALIM ---�- , ' 2.5 I oftm i + 4W _ r rrw+c , 7 N• 1 ► j eeno•. b -um= ,rtnt , eeeoc a•.,m 1 view V 2 I+�IT I+p.el.l +O.O �jey1EA( �WeiIOM • , SOURCE: USWB TP 40 4T 9r 9l' 90• 1 - 4 FIGURE I -3 5 -L-4058; r- S DEYARTUE6T Of AGB7CCLTCAE MINNESOTA BOIL CO MBERVa'nOF BEB%9CE r 2rL rs 29 v w or 10 -YEAR 24 -HOUR RAINFALL CINCHES) r + t t + t 1 l 3.7 Cr W I I 1 ` 39 I �r } + _ II( + + + + + + + SOURCE= USWB TP 40 ,....,<.,,.,.... .,... .... 1 -6 FIGURE I — S 3•l•.09N C. S DEPA IT" XXT Cr ^GKtCl'LTVRS MINNESOTA SOILCQ'N6"YJTICH 2 'r Iv ir tr s,• . Iv T 100 —YEAR 24 —HOUR RAINFALLONCHES) r 4.8 s { + + + r 1 4.9 _J � l 1 i 5.2 I 1 5.3 5.4 5.5 � I .. T ' 1 Y+4i t 1 � �•W iitl'' i 1 + 4. u . �..i 5.9 .._ — —�-- — —� — — �— 1 --- — — — S SOURCE: USWB'TP 40 + + + sr i ....,i...a.,..,... ,... 1 -9 FIGURE 1 -8 • • Appendix B: Site Map and Existing and Proposed Drainage Area Analysis Maps • : .s L fR I ,. I� / 4 '.. ....... _.._......_.. .. - oi l t ._. _. i t _ IIIITIIJf(fTrlllf1 J. Y r x P i «��� ♦ 1] ter• I .. 1 +r ♦. t � I r A ., r � ' .�' a . ,. , ,. 1� 3 IJU f lla f ll llI JJ lllJJ 1J l l l t 'II, ''•f71 1 �v_ � V i u tr �'IY «tu es , g 1 I «, v _ c i 66 { r i, s.. ' _ a ._ z. f l 1 'M .:. t A 1 ti a t L 1� r .. ... } .. G 5 519` Y 1 .......... �...._... .... .. ... .. ... .. ._.. ..... .. . .... ....... _. .... .. .n.' ...,.... ... ,. •a.._._.._.� j. t nit tR / 3 ti I t r rr .... ........... .. ._.. ` . .... _ ... ... .. .. ._ .... ..... ; i. All { ,r AID ■rr� ...._... . .......... • r u n N ., ....... 'Cl \�^ •... ,. ^� ♦ ♦♦ fit \\ .... ...........■Y ■ - - /'C ♦ \\.... �K ` � i �.. .� err /rr ; ■� /: I �G` Y ■ ........... .. _ .a r ... _ / a ! .... •......._... ? y _ ... ......... ....... ....r . I ! .l ..., M1 :.i ?.. 4 .SA r r •r - .. n: :(. , i a I;l 1nr i i • ®CONSULTING GROUP, INC MINNEAPOLIS FA RG O ENGINEERS I PLANNERS I D E S I G N E R S MADISON . CEAP Development SRF No. 0096820 Preliminary Design Summary February 8, 2010 INTRODUCTION As requested, a preliminary design concept layout of the improvements requested by the City of Brooklyn Center has been developed with respect to the proposed CEAP site expansion. The improvements address current safety issues and improve access to and from the site. The following improvements were included in the preliminary design concept layout: • Modification of the existing CEAP Site access along Brooklyn Boulevard to three - quarter access (right - in/right -out and left -in). • Reconstruction of the west approach to the 71 st Avenue/Brooklyn Boulevard intersection to include an eastbound left -turn lane. Identify additional impacts associated with this improvement (i.e., signal reconstruction, sidewalks, etc.). • Reconstruct 71st Avenue to realign it directly into the CEAP Site. The neighborhood connection of 71st Avenue from the west will create a T- intersection with the newly aligned CEAP Site roadway and become the minor roadway. Identify additional impacts associated with this improvement (i.e., sidewalks, parking and building setbacks, etc.). Cost estimates were created for the entire project including a breakdown of individual segments for future planning discussions. PRELIMINARY DESIGN The preliminary design concept layout detailing the proposed improvements is shown in Figure 1. The following comments identify potential impacts: • The building setback required is 35 feet from the right -of -way. Based on the proposed design, the building does not conflict with this requirement. • The parking setback required is 15 feet from the right -of -way. Based on the proposed 5 ` sin, the north service parking lot encroaches on the setback by approximately two �C. o Modification of the site plan or a request for a variance could be considered. • Expansion of 71 st Avenue will require the two signal poles on the west side of Brooklyn Boulevard be relocated. A new signal pole. and mast arm on the east side will also be required to meet design requirements. • Driveways for the 2nd and 3rd houses from Brooklyn Boulevard (North of 71st Avenue) will need to be reconstructed to connect to the realigned 71 st Avenue. • The preliminary design concept layout was designed to accommodate heavy vehicles up to WB -50 type vehicles. • www.srfconsulting.com One Carlson Parkway North, Suite 150 I Minneapolis, MN 55447 -4443 1 763.475.0010 Fax: 763.475.2429 An Equal Opportunity Employer Mike Schraad February 8, 2010 Welsh Construction, LLC Page 2 • COST ESTIMATE The cost estimate for the preliminary design concept layout is shown in Table 1. A breakdown of the cost estimate is provided to assist with planning discussions. • The total cost of the preliminary design concept layout is estimated to be approximately $257,000. • A 20 percent contingency was included in the cost estimate. • The estimate does not include costs for potential underground utility (sanitary sewer /watermain) improvements. • The portion of the preliminary design concept layout that can be identified as mainly site access is estimated to cost approximately $44,000 (does not include 20 percent contingency). • This include the and approaches f the realigned intersection at s south east a o s o PP g 71st Avenue. The east approach is the CEAP access extending into the service dock area. • This also includes the modification at the existing CEAP site access to Brooklyn Boulevard. • The portion of the preliminary design concept layout that can be identified as a city street improvement is estimated to cost approximately $170,000 (does not include 20 percent contingency). H.\ProjectM820 S\ ReporA100208 _Final_CEAPPreliminary Design_ 'S.doc I - • k F E • 3 s. J 0 50 100 swls in fast RELOCATE SIGNAL x r, POLE FOUNDATION PROPOSED SIDEWALK OFFSET 3' FROM EXISTING SIDEWALK 37.5' R e ♦" �REVISE SIGNAL TO MEET REQUIREMENTS a i 20.0'R RELOCATE SIGNAL ti 6 30 0 POLE FOUNDATION PARKING SETBACK i Y• �g'T 4, 3 15 ORs�' ' 5 BUILDING SETBACK 20.0' R 20.0 Rr� - ��" * '"� • PROPOSED ROW r r " yob x,r ,� . IWO Ji" "ch" IT 'Its tm cq cm va I O Q 40: 0'R N co r r�34R n a C'J z N y cc CID ..' "ate%. v NOTE.EXISTING SCHOOL ACCESS ALONG PERRY AVENUE TO BE CLOSED INN, .. ' L Proposed Roadway Improvements • ® Figure 1 Proposed Roadway City of Brooklyn Center Job #6820 21612010 PROPOSED ROADWAY IMPROVEMENTS 2/6 /2010 • PRELIMINARY COST ESTIMATE TABLE 1 ITEM UNIT UNIT COST I QUANTITY TOTAL Proposed Improvements - 71 st Avenue 1 Mobilization LS $5,000.00 1 $5,000.00 2 Remove Bituminous Pavement SY $6.00 1000 $6,000.00 3 Remove Curb and Gutter LF $4.50 660 $2,970.00 4 Remove Concrete Sidewalk SF $2.50 1600 $4,000.00 5 Remove Concrete Driveway Pavement SY $10.00 60 $600.00 6 Common Excavation CY $15.00 230 $3,450.00 7 Bituminous Pavement TON $70.00 330 $23,100.00 8 Aggregate Base Class 5 CY $30.00 240 $7,200.00 9 4" Concrete Walk SF $4.00 3000 $12,000.00 10 8618 Curb and Gutter LF $11.00 710 $7,810.00 11 Signal System Revision LS $75,000.00 1 $75,000.00 12 Storm Sewer System LS $7,500.00 1 $7,500.00 13 Signing & Pavement Markings LS $7,500.00 1 $7,500.00 14 Erosion Control and Turf Establishment LS $5,000.00 1 $5,000.00 . 15 Traffic Control LS $2,500.00 1 $2,500.00 Subtotal $169,630.00 Proposed Improvements - Internal 1 Mobilization LS $5,000.00 1 $5,000.00 2 Bituminous Pavement TON $70.00 180 $12,600.00 3 Aggregate Base Class 5 CY $30.00 130 $3,900.00 4 4" Concrete Walk SF $4.00 325 $1,300.00 5 8618 Curb and Gutter LF $11.00 580 $6,380.00 6 Storm Sewer System LS $7,500.00 1 $7,500.00 7 Signing & Pavement Markings LS $200.00 1 $200.00 S Erosion Control and Turf Establishment LS $5,000.00 1 $5,000.00 9 Traffic Control LS $2,500.00 1 $2,500.00 Subtotal $44,380.00 Proposed Improvement Total $214,010.00 Contingency @ 20 % $42,802.00 Grand Total $256,812.00 Rounded Total $256,800.00 NOTE: ESTIMATE DOES NOT INCLUDE UNDERGROUND UTILITY (SANITARY SEWER / WATERMAIN) IMPROVEMENTS 1RU I CONSULTING GROUP, INC. M INNFAPOLIS FA RGO E N G I N E E R S I P L A N N E R S I D E S I G N E R S M ADISON • SRF No. 0096820 MEMORANDUM TO: Mike Schraad, Vice President Welsh Construction, LLC FROM: Craig Vaughn, P.E., P.T.O.E., Senior Associate Matthew Pacyna, P.E., Senior Engineer DATE: February 8, 2010 SUBJECT: CEAP SI T RAFFIC STUDY BROOKLYN CENTER, MN INTRODUCTION As requested, we have completed a traffic study for the proposed CEAP site expansion located in the southwest quadrant of Brooklyn Boulevard and 71st Avenue North/Noble Avenue North in . the City of Brooklyn Center (see Figure 1: Project Location). The purpose of this study is to determine the traffic impacts on the adjacent roadway network related to the proposed expansion and recommend improvements to provide acceptable intersection operations, if necessary. This: study includes an operations analysis during the a.m. and p.m. peak hours of the roadway network for existing and future no build and build conditions. Two future site access scenarios were reviewed under build conditions. EXISTING �CONDITfONS'"° Traffic operations were analyzed at the following key intersections: 0 Brooklyn Boulevard and 69th Avenue North • Brooklyn Boulevard and the CEAP Site Access • Brooklyn Boulevard and 71st Avenue North/Noble Avenue North Current traffic controls- include signalization at the key intersections along Brooklyn "8 at 69th Avenue North and 71st Avenue North. The existing CEAP site access along Brooklyn Boulevard (located approximately 400 feet south of 71st Avenue North) is unsignalized, with side -street stop control. This access aligns with another private development access located on the east side of Brooklyn Boulevard creating a four - legged intersection. It should be noted that the existing LEAP site access also provides cross - access for the apartment complex located immediately south of the existing CEAP site. www.srfconsulting. com One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447 -JA43 1 763.47;.0010 Fax: 763.475.2424 An Equal Opportunity Employer Q`- ANN LN • z 73rd AVE. N WOO .BINE LN ui w Q 72nd Q x i "' ZZQ ,Q PE list 71st AVE. w ui J Project Location Q �p 0 0, ui 2 U) w > U W Z O 70th AVE. u w o.. ui • w o Q w 89th A E. N. 6 th AVE. N. ui ui Q Q ui 4 ° � w 130 152 N :D U' ow - � O th AVE. O Z O co J U O a` i LL 67th 94 67th A E. 0 AVE a N d Ol O co �O m 'Q 66th AVE. • Project Location Figure 1 CEAP Site Traffic Study City of Brooklyn Center 0096820 June 2009 Mike Schraad February 8, 2010 Welsh Construction, LLC Page 3 • Vehicular turning movement counts were collected on May 20th, 2009 at each of the key intersections during the a.m. and p.m. peak hour. Existing geometrics, traffic controls and peak hour traffic volumes for the key intersections are shown in Figure 2. An operations analysis was conducted for the a.m. and p.m. peak hours at each of the key intersections to determine how traffic currently operates in the study area. All signalized intersections were analyzed using the Synchro /SimTraffic software (version 7). The unsignalized intersection was analyzed using a combination of the Highway Capacity Software (HCS) and Synchro /SimTraffic software. It should be noted that where side -street stop controlled intersections are in close proximity to signalized intersections, such as the CEAP site access, Synchro /SimTraffic software typically provides a more accurate result of operations at these side -street stop controlled intersections. This is due to the consideration of signal timing impacts from adjacent signalized intersections on the side -street approaches. Capacity analysis results identify a Level of Service (LOS), which indicates how well an intersection is operating. The LOS results are based on average delay per vehicle. Intersections are given a ranking from LOS A through LOS F. LOS A indicates the best traffic operation and LOS F indicates an intersection where demand exceeds capacity. In the Twin Cities metropolitan area, LOS A through D is generally considered acceptable by drivers. For side -street stop controlled intersections, special emphasis is given to providing an estimate for the level of service of the minor approach. Traffic operations at unsignalized intersections • with side -street stop control can be described in two ways. First, consideration is given to the overall intersection level of service. This takes into account the total number of vehicles entering the intersection and the capability of the intersection to support those volumes. Second, it is important to consider the delay on the minor approach. Since the mainline does not have to stop, P Y PP , P the majority of delay is attributed to the side -street approaches in most cases. Results of the existing operations analysis shown in Table 1 indicate that all key 'intersections currently operate at an overall acceptable LOS D or better during the a.m. and p.m. peak hours, with existing traffic control and geometric layout. It should be noted that the intersection of Brooklyn Boulevard and 69th Avenue North currently P P operates near /at capacity Y durin g the a.m. and p.m. peak hours with average delays of approximately 55 seconds per vehicle. Existing signal timing obtained from Hennepin County was used in the analysis. To better quantify the delays at the CEAP site access, Table 1 presents the critical movement delays for vehicle_ s entering or exiting the site. More specifically, the exiting left- and right -turns and the entering northbound left -turn. Results of the analysis indicate the exiting left -turn delay during the p.m. peak hour is approximately two minutes per vehicle. All other delays for movements associated with the CEAP site access are considered to be acceptable. • w w 75th AV. 0 z ��q� / ¢ w �? Of w O J Q P ANN N. co 0 57 (42) I C" 15 (11) 4 ._517 (222) �0 Noble Ave. N 0 WOODBINE LN. , (18)18 z ��l l � LLI LLj 111 (8) 7 �, Q a Q uj LO W J Z Q W m w _J 72„a C/R o FLT Z In W1 C,P ?1s 71 st PJ 71st AVE. • t �R uj C,j co 0 (3) Q 0 (0) CEAP Me Access 0 (5) ry (6) 1 w oth �1R• (0) o z C1 a. 7 (s) 3 - Z ; a ° 70 th AVE. AVE ui ui LU U m Q a Q IC ~ w Z o O J x � Y 69 AVE. N. „ N v x � LLJ r- rn L 108 (265) wl W �. x-114 (188) Q ¢ Q sin 1 � 4 (259) 37 LEGEND .` '1 111(' (113) 57 m (147) 70 --► z 1° o XX- A.M. beak .Hour Volume 68th A (197) 228 -� - 68 th AVE. N. (XX) P.M Peak Hour Volume T N co co 19 - Signalized Control m Q - Side - Street Stop Control Existing Peak Hour Traffic Volumes Figure 2 CEAP Site Traffic Study Coxm mm-xGw",L.c City of Brooklyn Center 0096820 June 2009 Mike Schraad February 8, 2010 Welsh Construction, LLC Page 5 • Table 1 Existing Peak Hour Capacity Analysis Level of Service Results Level of Service Intersection A.M. Peak P.M. Peak LOS Delay cn LOS Delay Brooklyn Boulevard and 69th Avenue North D 55 sec. D 55 sec. Brooklyn Boulevard and CEAP Site Access * A/D 25 sec. A/F 50 sec. Brooklyn Boulevard and 71st Avenue North C 30 sec. C 20 sec. CEAP Site Access — Exiting Left -Tum Movement -- 40 sec. -- 110 sec. CEAP Site Access — Exiting Right -Turn Movement -- 25 sec. -- 15 sec. CEAP Site Access — Entering NB Left -Turn Movement -- 20 sec. -- 10 sec. For signalized intersections, delays shown represent overall intersection delay. For unsignalized intersections, delays shown represent the worst side -street approach. * Indicates an unsignalized intersection with side -street stop control. The overall LOS is shown followed by the worst approach LOS. Based on field observation and SimTraffic analysis, the westbound left -turn movement at the intersection of Brooklyn Boulevard and 69th Avenue North consistently queues beyond its storage distance of 200 feet during the peak hours. This lengthy queue impacts the 69th Avenue • North through movements. The queues extend beyond the storage bay approximately 45 percent of the time during the peak hours. Northbound vehicles along Brooklyn Boulevard at 69th Avenue North also experience queuing during the p.m. peak hour. The northbound left -tum lane experiences cycle failures, while the northbound through lanes occasionally spill back and impact operations at 68th Avenue North. The westbound approach at 71st Avenue North also has minor queuing issues during the a.m. peak hour that spill back into the adjacent neighborhood. The average and 95th percentile queues at this location are approximately 400 feet and 650 feet, respectively. Northbound queues along Brooklyn Boulevard at 71st Avenue North occasionally (approximately five - percent) impact operations at the CEAP site access during the p.m. peak hour. This queue has a minor effect on vehicles exiting the CEAP site, causing additional delays_. To address the queuing issues identified, optimization of the signal timing at the intersection of Brooklyn Boulevard and 69th Avenue North is recommended. Results of the operations analysis with optimized signal timing indicate that all existing queuing issues will be minimized and corridor travel times along Brooklyn Boulevard will remain relatively similar. Level of service operations for all intersections are not expected to change. It should be noted that the westbound left -turn movement delay and queue will be significantly reduced during the a.m. and p.m. peak hours. While queues and specific movement delays are improved with optimized timing, the intersection of Brooklyn Boulevard and 69th Avenue North will still be at capacity during the a.m. and p.m. peak hours. Mike Schraad February 8, 2010 Welsh Construction, LLC Page 6 PROPOSED DEVELOPMENT The proposed CEAP site expansion is located in the southwest quadrant of Brooklyn Boulevard and 71st Avenue North/Noble Avenue North. Construction of phase I of the CEAP site, consisting of approximately 25,635 square feet of office space, was recently completed in 2005. The proposed expansion of the CEAP site (Phase II) consists of an additional 59,679 square feet of office space, resulting in a total of 85,314 square feet of office space. Two site access scenarios are proposed for the site. Scenario 1 consists of the existing access condition. Scenario 2 consists of a combination of a slightly modified existing access (three - quarter access) and a realigned 71 st Avenue North with shared access for the school located immediately west of the CEAP site. Site plans for Scenario 1 and Scenario 2 are shown in Figure 3 and Figure 4, respectively. TRAFFIC FORECASTS The proposed expansion will be completed in year 2010. Therefore, traffic forecasts were developed for year 2011 (one year after construction). Based on existing area growth patterns and historical average daily traffic (ADT) volumes, an annual growth rate of one and a half percent was applied to the existing peak hour volumes to develop year 2011 background traffic forecasts and are shown in Figure 5: Year 2011 No Build Conditions. Trip generation estimates for the proposed CEAP site expansion were calculated using the ITE Trip Generation Handbook, • 8th Edition. In addition, a trip generation comparison was completed to determine how the proposed expansion differs from the previous expansion proposal. Table 2 shows the expected trip generation for the CEAP site expansion and the trip generation estimates for the previous expansion proposal. Based on this review, the trip generation for the proposed CEAP site expansion is approximately twice the amount of the previous proposed expansion. Impacts of the proposed CEAP site expansion will be addressed later in this memo. Table 2 Trip Generation Estimates Size A.M. Trips P.M. Trips Land Use Type (ITE Code) (sq. ft.) In Out In Out Daily Trips Trips — Trips Trips Proposed CEAP Site Expansion Office (710) 59,679 81 11 15 74 657 I Previous CEAP Site Proposal Office (7 10) 23,505 32 4 6 29 259 * The trip generation for the previous CEAP site proposal was included for comparison purposes only. The directional trip distribution for the proposed expansion is based on existing travel patterns and regional daily traffic volumes (see Figure 6: Directional Distribution). It should be noted that since the land use of the proposed expansion is all office, no multi -use reductions were applied to the trip generation estimates. In order to be conservative, no additional multi -modal reductions were applied for transit or travel demand management. The combination of background traffic and trips generated by the proposed expansion for year 2011 build conditions are shown in Figure 7 and Figure 8, respectively. H:Pro \6820 \TS \Figures\Corel Figures \Final Figures\Updated \Fig 3_Proposed Site Plan- Scenario t.cdr C $ m m O N o 0 North n n i I •2 m o U' O -+ Q bo/ ` p � n Cn CID bd CL CD n _ ... ...... 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A l rUuno7 uidauual { /dVa i E -n c CD .A w > 75th AV. z o J 0 Q ANN N. on S N o 60 (45) "� — 15 (15) O .1 535 (230) � D NobleAve.N � WOODBINE LN. pON (10) 10 '�TTr� 2 W > > (20) 20+ z LO o m o o Q Q (10) 10 ii i IT N (yL m 0 i3 GO > W `` L G 2 w Y 2nd c/R m m 4z� Z G ` W I GP < 7�St C N ° 71 St P� 71 st AVE. Z' 'R M 0 (5) 4 • o (o) 4i* 0 (5) CEAP Site Aecess (10)5 I T� (0) o i N O u) co 70t hC1R (10) 5 Z m C4 to 70 th AVE. T v C4 a E w uw > Q Q Q W Z O 69 1 AVE. N. Co to Cto STS Z LLI LLi C:) o L 115 (275) U� Q Q Q ° LO ° f--120 (195) r 385 (270) U . LEGEND d 69thAv .N d 0 (120) 60 t .0 XX - A.M. Peak Hour Volume 68th A (155) 75 —' Z ;,)T ssrh N (XX) - P.M. Peak Hour Volume (205) 235 ; ^ ^ ^ AVE. N. N - Signalized Control m N co a O - Side- Street Stop Control Year 2011 No Build Conditions • CEAP Site Traffic Study Figure 5 corwA„k=c«vur,1w_ City of Brooklyn Center 0096820 June 2009 • • H: \Pro'ects16820 \Figures \PDF \Fig 6_Directional Distribution ro mA N TOLEDO AVE. g a North co n SCOTT AVE, •� m .�• a � cv cn rt REGENT AVE. `° o rn - m m v, QUAIL AVE. o CD v, y .. cr 0) m D o m m PERRY AVE. o z � D � m Z i � ORCHARD AVE. o ° �� 0 CD NOBLE AVE. NOBLE AVE. 1 MAJOR AVE. rt o co O w W M AJOR AVE. LEE AVE. Z m rn z LEE AVE 00 SEE AVE. D -4 ti z U) - - � KYLE AVE. 9�� D =r < Z JUNE AVE. m Z < ,JUNE AVE. Z m CA Ln O O 1 G) i w w 75th AV. Z w 10 O Q ANN N. Ln Ln N o 60 (45) �� 15 (15) O �14 545 (235) O Noble Ave. N ♦♦ U-) o WOODBINE LN. LLi PO ND (10) 10 ♦ n I I� W w (20) 20- f ► Z Ln > > Q Q ♦ v N w �L Q (10) 10 m i3 i3 Q > W J r-_ 2 Q Y 2nd w Y C1R m co O R Z G C,P Z W V St 71 st AVE. 1st S Ln CD r- v -0 0(0) • CEAP site Access (30) 5 ?` 1 ► (0) 0"� 9 ° 0 Ln (D 70t hC1R (65)15 Z > m o 70 th AVE. N o v N E w w uj m Q a a w w O J z m 69 AVE. N. co N lLO Uj N Uj w w o to o L 125 (275) _ -120 (195) ° LEGEND ? * 385 (270) tL 69th Ave. Aw N d (120) 70J XX - A.M. Peak Hour Volume (155) 75--► 11 N (XX) - P.M. Peak Hour Volume 68th A (205)235 9 68th AVE. N. Co - Signalized Control o N co M O - Side- Street Stop Control 9 Year 2011 Build Conditions - Scenario 1 • CEAP Site Traffic Study Figure 7 ca.airvx Cu .r. INC City of Br Center 0096820 I ' I June 2009 it w w 75th AV. Z • O,Q Of w J CD M 60 (45) � *414 �20 (15) < �— 540 (230) Noble Ave. N (35) 10 111 (30) 20-;- z U, 0 0 ��GEN (10) 10 N ANN N. m oui � _ >.-�° O O m O WOODBINE LN. P 2 ui u..i w LO 5 (5) > > LO CI) L o(o) w W 71 stave.. + 0(0 ) O Q L4j j (10) 15 w Y (0) 0 : 0 N 0 00 ( 0 moo O Z CL WI 1St 71 st A 71 St AVE. • , CIR u.i Q Of O w N v v Q- 70thCtR' UD ^ 0 (5) 70 th AVE. m N ° 0 (o) + w (5) LLl w w c CEAP Site Access > Q Q o (65)15-- h Q o w Z U Z 0 0 �n O J CO OD -� ° m ' o N o � N. LO co to r, > W>] ] Ill u c L 125 (275) 10 Q Q Q I J � x-120 (195) 111 365 (270) rL LEGEND Q 69th Ave. N d Q (120) 70 it XX - A.M. Peak Hour Volume d (155) 75 o. tl 1 68th A ( —� > ° 68 th AVE. N. (XX) - P.M. Peak Hour Volume 205 )235 m co C' - Signalized Control o O - Side- Street Stop Control Year 2011 Build Conditions - Scenario 2 CEAP Site Traffic Study Figure 8 COM"mc CROUP, ING City of Brooklyn Center 0098820 June 2009 Mike Schraad February 8, 2010 Welsh Construction, LLC Page 13 YEAR 2011 NO BUILD CONDITIONS Before determining the impacts of the proposed expansion on the existing roadway network, the no build condition was analyzed to determine how the roadway network would operate in year 2011 if the expansion did not occur. This scenario includes the traffic signal optimization at the intersection of 69th Avenue North recommended as part of the existing conditions analysis. Results of the year 2011 no build analysis shown in Table 3 indicate that two out of three key intersections are expected to operate at an overall acceptable intersection LOS D or better under year 2011 no build conditions during the a.m. and p.m. peak hours, with existing traffic control, geometric layout and optimized signal timing at the intersection of Brooklyn Boulevard and 69th Avenue North. The intersection of Brooklyn Boulevard and 69th Avenue North is not expected to operate at an overall acceptable level of service during the a.m. and p.m. peak hours. This intersection is expected to operate at an unacceptable LOS E with an average delay of 70 seconds per vehicle and 65 seconds per vehicle during the a.m. and p.m. peak hours, respectively. Table 3 Year 2011 No Build Peak Hour Capacity Analysis Level of Service Results Level of Service Intersection A.M. Peak P.M. Peak LOS Delay LOS Delay � • Brooklyn Boulevard and 69th Avenue North E 70 sec. E 65 sec.: Brooklyn Boulevard and CEAP Site Access * A/D 25 sec. A/F 50 sec. Brooklyn Boulevard and 71st Avenue North C 30 sec. C 20 sec. CEAP Site Access - Exiting Left -Turn Movement -- 45 sec. -- 110 sec. CEAP Site Access - Exiting Right -Turn Movement -- 25 sec. -- 15 sec. CEAP Site Access - Entering NB Left -Turn Movement -- 20 sec. -- 15 sec. For signalized intersections, delays shown represent overall intersection delay. For unsignalized intersections, delays shown represent the worst side -street approach. * Indicates an unsignalized intersection with side -street stop control. The overall LOS is shown followed by the worst approach LOS. Significant queuing issues are expected to occur during the a.m. peak hour at the intersection of Brooklyn Boulevard and 69th Avenue North, specifically the westbound direction. The westbound queues are expected to significantly impact adjacent intersections and both public and private access along 69th Avenue North. To improve operations at the intersection of Brooklyn Boulevard and 69th Avenue North to an acceptable level of service, the following improvements are recommended: • Convert the existing westbound through lane to a left -turn lane (will provide dual westbound left -turn , lanes) • Convert the existing westbound right -turn lane to a through lane • Constru ct a new westbound right -turn lane with storage (approximately 150 feet) Mike Schraad February 8, 2010 Welsh Construction, LLC Page 14 • YEAR 2011 BUILD CONDITIONS — SCENARIO 1 To determine how well the existing and future roadway network will accommodate year 2011 build traffic forecasts, an operations analysis was conducted during the a.m. and p.m. peak hours. Scenario 1, shown in Figure 3, represents a worst -case situation where the only site• access provided is at its existing location along Brooklyn Boulevard. The existing site access currently provides a shared through/left -turn lane and a right -turn lane with minimal storage (approximately 50 feet). Results of the Scenario 1 build analysis shown in Table 4 indicate that all key intersections are expected to operate at an overall acceptable intersection LOS D or better under year 2011 build conditions during the a.m. and p.m. peak hours, with optimized signal timing and recommended geometry at the intersection of Brooklyn Boulevard and 69th Avenue North. Table 4 Year 2011 Build Peak Hour Capacity Analysis — Scenario 1 Level of Service Results Level of Service Intersection A.M. Peak P.M. Peak LOS Delay �'� LOS Delay • Brooklyn Boulevard and 69th Avenue North D 45 sec. D 50 sec. Brooklyn Boulevard and CEAP Site Access * A/E 35 sec. A/F 75 sec. Brooklyn Boulevard and 71st Avenue North C 30 sec. C 20 sec. CEAP Site Access — Exiting Left -Tum Movement -- 70 sec. -- 170 sec. CEAP Site Access — Exiting Right -Turn Movement -- 25 sec. -- 25 sec. CEAP Site Access — Entering NB Left -Turn Movement -- 25 sec. -- 15 sec. For signalized intersections, delays shown represent overall intersection delay. For unsignalized intersections, delays shown represent the worst side -street approach. * Indicates an unsignalized intersection with side -street stop control. The overall LOS is shown followed by the worst approach LOS. On -site queuing can be expected at the CEAP site access during the p.m. peak hour as vehicles exit the site, specifically for left - turning vehicles. The average and 95th percentile queues for left- turning vehicles exiting the CEAP site are expected to be approximately 50 feet and 170 feet, respectively, which equates to approximately eight vehicles queuing on site under worst case condition. These vehicles can expect an average delay of approximately three minutes during the p.m. peak hour. The queues from the exiting left- turning vehicles will occasionally block access to the right -turn lane during the p.m. peak hour, therefore increasing the delay for exiting right - turning vehicles. Delays for all other key movements entering and exiting the CEAP site are considered to be acceptable. Mike Schraad February 8, 2010 Welsh Construction, LLC Page 15 • YEAR 2011 BUILD CONDITIONS — SCENARIO 2 To address the potential queuing issues at the CEAP site access under year 2011 build conditions during the p.m. peak hour, a second access scenario (Scenario 2) was reviewed to determine the impacts this scenario would have on the adjacent roadway. Once again, an operation analysis was conducted under year 2011 build conditions during the a.m. and p.m. peak hours. The CEAP site access for Scenario 2 (Figure 4) shows a realigned 71st Avenue North that provides a shared access for the Willow Lane Elementary School and the CEAP site. This access allows vehicles currently exiting the site destined north along Brooklyn Boulevard or Noble Avenue North to gain access to the signalized intersection at Brooklyn Boulevard and 71st .Avenue North. It should be noted that this scenario has the potential to draw vehicles into the neighborhood to the west. However, based on the directional distribution, the amount of vehicles traveling through the neighborhood would be minimal (approximately 60 daily vehicles). Discussions with City staff also indicate that under this scenario, there is a desire to restrict the westbound left -turn movement out of the existing CEAP site access onto Brooklyn Boulevard. This results in a three - quarter access intersection (left -in and right - in/right -out) at the existing CEAP site access. The year 2011 Scenario 2 build condition volumes are shown in Figure 8. Results of the operations analysis indicate that all key intersections are expected to operate at an overall acceptable LOS D or better under year 2011 Scenario 2 build conditions during a.m. and p.m. peak hours, with the recommended improvements at 69th Avenue North. All other queuing issues previously discussed continue to be mitigated under the scenario as well. Operations at • the proposed new CEAP site access are not expected to negatively impact access to the adjacent neighborhood along 71st Street or Perry Avenue. Table 5 Year 2011 Build Peak Hour Capacity Analysis — Scenario 2 Level of Service Results Level of Service Intersection A.M. Peak P.M. Peak LOS Delay LOS Delay ct> Brooklyn Boulevard and 69th Avenue North D 45 sec. D 50 sec. Brooklyn Boulevard and CEAP Site Access * A/D 25 sec. A/C 15 sec. Brooklyn Boulevard and 71st Avenue North C 30 sec. C 20 sec. 71st Avenue North and New CEAP Site Access * A/B 10 sec. A/B 10 sec. CEAP Site Access — Exiting Left -Turn Movement -- -- -- -- CEAP Site Access — Exiting Right -Turn Movement -- 25 sec. -- 15 sec. CEAP Site Access — Entering NB Left-Turn Movement -- 25 sec. -- 15 sec. «� For signalized intersections, delays shown represent overall intersection delay. For unsignalized intersections, delays shown represent the worst side -street approach. * Indicates an unsignalized intersection with side -street stop control. The overall LOS is shown followed by the worst approach LOS. • Mike Schraad February 8, 2010 Welsh Construction, LLC Page 16 • Although the intersection of Brooklyn Boulevard and 71st Avenue North is expected to accommodate year 2011 Scenario 2 build conditions there are safety concerns with the existing geometric alignment and nearby residential driveways. The east approach of this intersection (Noble Avenue North) provides a dedicated left -turn lane and a shared through/right -turn lane. The west approach of 71st Avenue North provides a shared left/through/right -turn lane. There is also a residential driveway that is approximately 20 feet west of the intersection of Brooklyn Boulevard and 71st Avenue North. Realigning this roadway to accommodate the CEAP site access and reconnect the residential neighborhood access further west at the 71st Avenue North connection may provide the opportunity to develop an eastbound left-turn lane and shared through/right -turn lane. It is preferable to align left-turn movements with one another on either side of an intersection (east and west approach), when possible. Impacts associated with this geometric improvement would need to be investigated further by the City and/or developer. PARKING DEMAND REVIEW A parking demand review was completed to document current parking demand and to address future potential parking demand issues. Information provided in Table 6. is based on current utilization surveys conducted in May, 2009. This data indicates that the current CEAP site utilizes approximately 55 percent of its current parking supply during the middle of the day. The existing city requirement for the site is 203 spaces resulting in an 11 space deficit. Although there is an existing deficit, current utilization indicates the supply is sufficient for this use. • Under ear 2011 build conditions t it v' approximately 366 spaces for y he project site will provide pp y p 85,314 square feet of office space (combination of surface and structured parking). Based on city requirements, the proposed CEAP site expansion is required to have 233 spaces, resulting in a surplus of 133 spaces. It should be noted that under Scenario 2, a portion of the parking spaces (approximately 34 spaces) for the adjacent school would be eliminated to accommodate the new driveway. However, the CEAP site has a sufficient parking surplus to accommodate both the CEAP site and the adjacent school. A cross - access agreement should be considered to address the adjacent school parking deficit under Scenario 2 conditions. Table 6 Parking Operations Summary Available Current City Expected Scenario Parking Utilization * Surplus / Spaces (AM/Noon/PM) Requirement (Deficit) Existing 192 28/100/15 203 (11) Proposed CEAP Site 366 -- 233 133 Adjacent School (Scenario 2) 81 (2) -- 115 "1 (34) Total (CEAP and School) 447 -- 348 99 * City parking requirements are identified by Brooklyn Center city ordinance, section 35 -704. Represents the existing parking supply and was assumed to be the future city requirement for the school. (2) Represents the amount of parking spaces that will remain after construction of the new driveway. Mike Schraad February 8, 2010 Welsh Construction, LLC Page 17 • SITE ACCESS REVIEW Scenario 1 Scenario 1 utilizes the existing site access provided along Brooklyn Boulevard and also shows a service access along 71st Avenue North. An issue that should be addressed is the ability of service vehicles to maneuver on -site without having to disrupt traffic along 71st Avenue North. Another issue to consider is emergency vehicle access near the parking structure. The parking structure should be designed to allow a typical emergency vehicle to pass under the existing drop -off area of the site to minimize emergency vehicle conflicts. Proper signage for both parking and internal circulation should be installed. Scenario 2 Scenario 2, known as the "Design Concept Alternative," utilizes both the existing site access provided along Brooklyn Boulevard and realigns the existing 71st Avenue North to a shared access between the Willow Lane Elementary School and the CEAP site. Once again, the ability of service vehicles to maneuver on -site without having to disrupt traffic along 71st Avenue North is essential. Emergency vehicle access near the parking structure should be designed to allow a typical emergency vehicle to pass under the existing drop -off area of the site as well as the cross - access area between the proposed new 71st Avenue North connection and the parking structure. Proper signage for both parking and internal circulation should be installed. TRAVEL DEMAND MANAGEMENT • Although the proposed site expansion does not have a significant impact on adjacent intersection or corridor operations along Brooklyn Boulevard it is important to be thoughtful of all levels of potential impact. Therefore, the developer has developed a plan of action to be completed with the support of the City of Brooklyn Center. This action plan is designed to create an effective commute management program, which should reduce the demand for parking at the site and minimize the impact on local roads due to vehicular travel to and from the development. The P P success of this plan relies ,on the level of commitment to marketing and implementing the programs identified herein, with support from the City and tenant employers (CEAP, ISD #279, and Hennepin County Human Services & Public Health Department). The purpose of this action plan is to support the overall City of Brooklyn Center transportation goals. The objective is to encourage employees to use alternative modes of transportation other than driving alone, such as carpooling, vanpooling, bus, and walking or bicycling. CEAP will pursue the following objectives and strategies to achieve this goal: Support and Promote Bicycling and Walking as Alternatives • Build and maintain a bicycle friendly development • Disseminate bicycle commuting information Support and Promote Transit as an Alternative • Work toward increasing and/or retaining transit service to the development • Disseminate transit service information • Mike Schraad February 8, 2010 Welsh Construction, LLC Page 18 • Support and Promote Car and Vanpooling • Provide preferential parking for program participants • Disseminate carpoollvanpool service information Provision of Information on Transportation Alternatives • Disseminate alternative transportation mode choice information at prominent locations throughout the development • Support alternative mode choice awareness campaigns Vehicular Traffic Movement & Access Restriction • Work with large truck delivery schedules to ensure they occur outside of the peak hours • Design site plan layout to accommodate all deliveries on -site • Design site plan layout to provide efficient vehicular circulation and access to egress points Participate with Regional TDM Organizations • Develop a Commuter Benefits Coordinator (CBC) position • Support the I -494 Commuter Services Monitoring of Action Implementation and Goal Achievement • • Conduct a statistically valid baseline commuter survey within the first six months of opening the expanded development • Conduct a second baseline survey after another six months have past (one year after opening) • Work with the City of Brooklyn Center to determine whether the strategies employed are meeting the goals of the plan CONCLUSIONS AND RECOMMENDATIONS Based on the analysis, the following conclusions and recommendations are offered for your consideration: - • Results of the existing operations analysis indicate that all key intersections currently operate at an overall acceptable LOS D or better during the a.m. and p.m. peak hours, with existing traffic control and geometric layout. • The intersection of Brooklyn Boulevard and 69th Avenue North currently operates near /at capacity during the a.m. and p.m. peak hours with average delays of approximately 55 seconds per vehicle. • The CEAP site exiting left -turn delay during the p.m. peak hour is approximately two minutes per vehicle. • Based on field observation and SimTraffic analysis, the westbound left -turn movement at the intersection of Brooklyn Boulevard and 69th Avenue North consistently queues • beyond its storage distance of 200 feet during the peak hours. Mike Schraad February 8, 2010 Welsh Construction, LLC Page 19 • • To address the existing queuing issues identified, optimization of the signal timing at the intersection of Brooklyn Boulevard and 69th Avenue North is recommended. • Results of the existing operations analysis with optimized signal timing indicate that all existing queuing issues will be minimized and corridor travel times along Brooklyn Boulevard will remain relatively similar. • While queues and specific movement delays are improved with optimized timing, the intersection of Brooklyn Boulevard and 69th Avenue North will still be at capacity during the a.m. and p.m. peak hours. • Results of the year 2011 no build analysis indicate that two out of three key intersections are expected to operate at an overall acceptable intersection LOS D or better under year 2011 no build conditions during the a.m. and p.m. peak hours, with existing traffic control, geometric layout and optimized signal timing at the intersection of Brooklyn Boulevard and 69th Avenue North. • The intersection of Brooklyn Boulevard and 69th Avenue North is expected to operate at an unacceptable LOS E with an average delay of 70 seconds per vehicle and 65 seconds per vehicle during the a.m. and p.m. peak hours, respectively. • Significant queuing issues are expected to occur during the a.m. peak hour at the intersection of Brooklyn Boulevard and 69th Avenue North, specifically the westbound direction. The westbound queues are expected to significantly impact adjacent intersections and both public and private access along 69th Avenue North. • • To improve operations at the intersection of Brooklyn Boulevard and 69th Avenue North to an acceptable level of service under year 2011 no build conditions, the following improvements are recommended: o Convert the existing westbound through lane to a left -turn lane (will provide dual westbound left -turn lanes) �F< convert the existing westbound right -turn lane to a through lane o Construct a new westbound right -turn lane with storage (approximately 150 feet) • The proposed expansion of the CEAP site (Phase II) consists of an additional 59,679 square feet of office space, resulting in a total of 85,314 square feet of office space. • Results of the year 2011 Scenario 1 build analysis indicate that all key intersections are expected to operate at an overall acceptable intersection LOS D or better during the a.m. and p.m. peak hours, with optimized signal timing and recommended geometry at the intersection of Brooklyn Boulevard and 69th Avenue North. o The exiting left- turning vehicles from the CEAP site can expect an average delay of approximately three minutes during the p.m. peak hour. The queues from the exiting left- turning vehicles will occasionally block access to the right -turn lane during the p.m. peak hour, therefore increasing the delay for exiting right- turning vehicles. • Results of the year 2011 Scenario 2 build analysis indicate that all key intersections are expected to operate at an overall acceptable LOS D or better during a.m. and p.m. peak hours, with the recommended improvements. o Although the intersection of Brooklyn Boulevard and 71st Avenue North is expected to • accommodate year 2011 Scenario 2 build conditions there are safety concerns with the existing geometric alignment and nearby residential driveways. Mike Schraad February 8, 2010 Welsh Construction, LLC Page 20 o Impacts associated with this geometric improvement would need to be investigated further by the City and/or developer. • . Based on city requirements, the proposed CEAP site expansion is required to have 233 spaces, resulting in a surplus of 133 spaces. o Under Scenario 2, the adjacent school will have a deficit of approximately 34 parking spaces. Since the CEAP site has a parking surplus, it can accommodate the adjacent school deficit. Therefore, a cross - access agreement should be considered. • Sufficient space should be provided to allow service vehicles to maneuver on -site without having to disrupt traffic along 71st Avenue North. • The parking structure should be designed to allow a typical emergency vehicle to pass under the existing drop -off area of the site to minimize emergency vehicle conflicts. • Proper signage for both parking and internal circulation should be installed. • Although the proposed site expansion does not have a significant impact on adjacent intersection or corridor operations along Brooklyn Boulevard it is important to be thoughtful of all levels of potential impact. CEAP will pursue the following objectives and strategies to achieve this goal: • Support and Promote Bicycling and Walking as Alternatives • Support and Promote Transit as an Alternative • • Support and Promote Car and Vanpooling o Provision of Information on Transportation Alternatives • Vehicular Traffic Movement and Access Restriction • Participation with Regional TDM Organizations • Monitoring of Action Implementation and Goal Achievement H. \ProjectM82MeporA ]00208_Final_CEAP Site_TS.doc H Hennepin County Transportation Department 1600 Prairie Drive 612- 596-0300, Phone Medina, 55340-5421 763-478-4000, FAX 763-478-4030,1'DD Mr, Bruce Johnson, Eng. Tech Supervisor wv^,v.hennepin.us April 16 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center., MN 554-10 Re: Preliminary Plat Review Northwest Family Services Center (aka CEAP S ite) Brooklyn Blvd. (CSAH-152.)i71" Avenue No--SIA quadrant Dear Mr. Johnson: Hennepin County Plat Review No. 3178 Minnesota Statutes 505.02. 505,03, and 462,359, Plats and Surveys, allow up to 30 days for county review of pre l iminary plats abutting county roads. The plat was received on April 6, 2010. This proposed development and site plan have been under discussion for some Off cc time since the initial Phase I of toc development was begun in late 2004. At that time it %w understood that there would be a Phase 11 expansion at some point in the fatum. Originally called the Adult Basic Education Facility, The development has been infortnally known as the CEAP Site since the primary ten-ant and owner is the Community Emergency Assistance Program. It is anticipated that the Phase 11 office expansion would also house county staff involved in Community services. Count-, transportation interests have primarily focused on the needed right-or-way, type of awess configuration needed Twin the site to Brooklyn Boulevard, and other traffic and roadway geometric considerations. In general, we believe these items have been adequately addressed with the exception of two items still under consideration: Geometric details need to be refined regarding the design of the 3 /4 - access to the site south of 71" Avenue North, We believe the proposed island channelization needs to be shaped to preclude prohibited turns. The developer will eventually need to submit an application for an access permit where these details will be finalized. The possibility of inclusion of a southbound right turn lane on Brooklyn Boulevard to 71 " Avenue North. It is our preference that this improvement be added now as pan of the realignment of 71" Avenue. We are willing to consider some level of additional contribution to assist in implementing this improvement, Please inform the developer that all proposed construction within county right of %vay requires an approved Hennepin County permit prior to beginning construction, This includes, but is not limited to driveway and street acce.", drainage and utility construction, trail development, and landscaping. Appropriate fbirris can be obtained by contacting our Permits Section at (612) 596-0339. As staff has previously Indicated, Hennepin County is willing to assist by providing materials for the signal revisions as part of the upgrade of the Brooklyn Boulevard I 71"' Avenue intersection. Our Trafflo Division staff- is also willing to assist with signal set-ups and timing plan revisions. Further comments or discussion can be directed to Bob Byers at (612) 596-0354. Sincerely, James N, Grube, KE. J 'NGIrcib Director of Transportation and County Engineer Plat Rcview Committ" - Byerti! D Fackler/ Holtz! Lctnkc, 'Neby '-'Peter+on Clary Woo iabn, Hennepin County Sunocy Officc Toni Hardin, Executive Vice President, Community E*Inergency Assistance Prograrn, Inc. Karen Ballor. Senior Project Manager., I lennepin County Property Services A�i 4 Quporwrity Employcr Recy0m Pape( • adoption: Member Parks introduced the following resolution and moved its PLANNING COMMISSION RESOLUTION NO. 2010 -02 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010 -004, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF NORTHWEST FAMILY SERVICE CENTER WHEREAS, Planning Commission Application No. 2010 -004 submitted by the Welsh Construction, on behalf of CEAP, Inc. and Independent School District 279 requests Preliminary Plat approval of a subdivision, to be known as Northwest Family Service Center, a replat / consolidation of Lot 1, Block 1, Center Brookdale Addition (R -1 residence /vacant lot), Lot 4, Block 1, Replat of Block 2 Lang Addition (R -1 residence /vacant lot), and Lot 3, Block 1, Osseo Willow Lane Addition (C -1 Adult Ed Building) into a 3.9 acre lot with right of way dedications to facilitate improvements to the 71 Ave. North; and WHEREAS, the Planning Commission held a duly called public hearing on March 25, 2010 which was continued until April 12, 2010 at which time a staff report and public testimony regarding the preliminary plat of Northwest Family Service Center were received; and • WHEREAS, the Planning Commission finds that the Preliminary Plat is consistent with the General Development Plans of the Northwest Family Service Center Planned Unit Development. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2010 -004 submitted by Welsh Construction be approved based upon the following considerations: 1. The final plat is subject to review and approval by the City Engineer Department as outlined in their memo dated April 13, 2010. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Appropriate cross access agreement allowing access from the Willow Lane Early Childhood and Family Education Center, the Northwest Family Service Center, and the Willow Lane Apartments to the proposed Lot 3 shall be developed and filed with the plat. • 4. The necessary drainage and utility easements within this Plat and the PUD • Master Plan, as approved by the City Engineer, shall be dedicated and filed with the final plat. 5. Existing, but no longer necessary, easements shall be vacated by the City prior to release of the final plat. 6. Approval of the access improvements to the entrance onto Brooklyn Boulevard and the 71 Avenue signalized intersection by Hennepin County. 7. Approval of the 71" Avenue street realignment project by the City of Brooklyn Center. - 01 6 Date Chair ATTEST: ' <J C � ecretary The motion for the adoption of the foregoing resolution was duly seconded by member Kuykef and upon vote being taken thereon, the following voted in favor thereof: Chair Rahn, Commissioners Campbell - Sudduth, Kuykendall and Parks. and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 9b COUNCIL ITEM MEMORANDUM DATE: April 21, 2010 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Planning Commission Application No. 2010 -006 (Northwest Family Service Center - Site and Building Plan) Recommendation: It is recommended that the City Council, following consideration of this matter, approve the Resolution Regarding the Disposition of Planning Commission Application No. 2010 -006 Submitted by Welsh Construction (Northwest Family Services Center - Site and Building Plan). Background: On April 12, 2010, the City Council accepted the Planning Commission recommendation on the rezoning of the Northwest Family Service Center and the Willow Lane Early Childhood and Family Education Center to PUD (R -1 & C -1). (The second reading of the ordinance amendment and public hearing is scheduled for May 10, 2010). Attached for your reference is a copy of the General Development Plan for this PUD. • On the April 26, 2010 City Council Agenda is Planning Commission Application No. 2010- 006 submitted by Welsh Construction, LLC requesting Site and Building Plan approval for a 63,362 sq. ft. building addition, three level parking structure rage and related site improvements to 71" Avenue and Willow Lane ECFE parking lot. This matter was considered P P g by the Planning Commission at their April 15, 2010 meeting and was recommended for approval. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2010 -006, an area map showing the location of the property under consideration, various site and building plans for the proposed development and the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents included in this review. Additionally, enclosed is a copy of the April 20, 2010 memo from SRF Consulting, which documents the methodology and ADT (Average Daily Trips) volume impacts with the proposed access changes and additional trip generation from the CEAP development (NW Family Service Center). The sketch illustrates future ADT projections with the 71" Avenue improvements at 720 trips with 225 trips identified within the residential neighborhood. This significant decrease in ADT volume (existing 675 trips) is attributed to the closure of the Willow Lane ECFE access along Perry Ave. : ►lissinn: Ensuring an attractive, clean, safe community that enhances the duality of life and preserves the public trust i COUNCIL ITEM MEMORANDUM A copy of the full traffic report has been included in the Planning Commission review information. Page 15 of this report identifies a directional distribution of vehicles traveling • through. the neighborhood to be minimal (approximately 60 vehicles daily) . Budget Issues: es. There are no budget issues to consider. Council Goals: Strategic: 1. Will aggressively proceed with implementation of the City's Redevelopment Plans 5. Will improve the image of the City with Citizens and those outside of the City's border. • i • ;Mission: Ensuring an attractive, clean, safe cofnmunio that enhances the quality of life anal preserves the public trust L I • f, , � V [ y�I ` 4 I , , i 3 n. p Y . i �r a i 4 Y .. t 1 I„ ::._.. I I I i I I 1 I I 1 1 I i I I I jr Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010 -006, A REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR PHASE II OF THE NORTHWEST FAMILY SERVICE CENTER. WHEREAS, Planning Commission Application No. 2010 -006 submitted by Welsh Construction, on behalf CEAP, Inc. and Independent School District 279, are requesting site and building plan approval for Phase II of the Northwest Family Services Center; and WHEREAS, the 2 nd phase development includes the construction of a 63,362 sq. ft. addition to the Adult Education Building, located at 7051 Brooklyn Boulevard, a three story parking structure, the redesign of access and internal movement within the parking lot of the Willow Lane Early Childhood Family Education Center located at 7020 Perry Avenue, and access improvements to the signalized intersection of 71 Avenue North and Brooklyn Boulevard; and WHEREAS, the Planning Commission finds that the Site and Building plans are consistent with the General Development Plans of the Northwest Family Service Center Planned Unit Development; and WHEREAS, the Planning Commission recommended approval of Application No. • 2010 -006 by adopting Planning Commission Resolution No. 2010 -02 on April 15, 2010; and WHEREAS, the City Council considered Application No. 2010 -006 at its April 26, 2010 meeting; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 2010 -006 submitted by Welsh Construction in consideration of the following: 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. Any outside trash disposal facilities and/or roof top mechanical equipment shall be appropriately screened from view and provided with opaque gates, consistent with Chapter 35 -411. 4. The building is to be equipped with an automatic fire extinguishing system to meet i • RESOLUTION NO. NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 6. B -612 curb and gutter shall be provided around all driving and parking areas. 7. An as-built survey of the property, improvements and utility service lines shall be submitted to the City Engineering Department. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 9. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 10. The applicant 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 site during construction as approved by the City Engineering Department. 12. The final plat comprehended under Planning Commission Application No. 2010 -004 shall be approved by the City Council and filed with Hennepin County prior to the issuance of occupancy permits for this project. 13. The rezoning comprehended under Planning Commission Application No. 2004 -005 shall be approved prior to the issuance of building permits for the project. 14. Access to the site along Brooklyn Boulevard is subject to approval by Hennepin County Transportation Department and the obtaining of the appropriate permit. 15. The public improvements for the realignment of 71 Avenue North and the signalized intersection are approved and installed with or simultaneous with this project. 16. Approval is subject to conditions and recommendations as outlined in the City Engineering Department's memo dated April 13, 2010. • 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. • • • Application Filed on 3 -29 -10 City Council Action Should Be Taken By 5 -28 -10 (60 Days) Planning Commission Information Sheet Application No. 2010 -006 Applicant: Welsh Construction. LLC Location: Southwest Quadrant of Brooklyn Boulevard and 71st Avenue North (7051 Brooklyn Boulevard) Request: Site and Building Plan Approval The applicant, Welsh Construction, LLC. , on behalf of Osseo Area Schools (ISD 279) and CEAP, Inc. (Community Emergency Assistance Program) are requesting site and building plan approval for a 63,362 sq. ft. addition to the existing Adult Education Building, located at 7051 Brooklyn Boulevard, a three story parking structure providing 400 parking stalls, access improvements from the realignment of 71 Avenue North, and internal access improvements within the Early Childhood and Family Education parking lot. In 2005, Independent School District #279 (Osseo Schools) constructed the Adult Education Center at the above address to be home to the Adult Basic Education Program. The location was selected because of its central location, access to public transportation and the fact that the property was owned by the School District. • At that time, an addition was planned for a three story addition to accommodate Community Emergency Assistance Program, Inc. (CEAP) and have space available for partner service organizations. The planned addition would have doubled the size of the original building. The full project (original building plus addition) was submitted and approved by the Brooklyn Center Planning Commission and City Council. In the intervening time that the Adult Basic Education Program has been functioning, it has become clear that the location and facility are both very successful. The Osseo School District has since moved its Enrollment Center into the facility to help facilitate efficient processing of new students and intra - district transfers. The proposed Northwest Family Service Center concept was developed in a collaborative effort of Osseo Schools, CEAP and Hennepin County Human Services and Public Health Department (HCHS). HCHS joined the partnership recognizing that the facility and location can provide a home for a new service model which centralizes services and creates a user friendly environment. All partners visualize improved service to clients that are common to each. BACKGROUND INFORMATION On November 8, 2004, the City Council accepted the Planning Commission's recommendation 4 -15 -10 Page l and granted the necessary rezoning, subdivision and sitje plan approvals to facjilitate the phased • development of a three story, 48,600 sq. ft. office /service building on a 3.63 acre lot. The first phase construction commneced in 2005 and included the completion of the southern 2/3 of the site which included the following: • Three- story, 25,000 sq. ft. office building for the School District's Adult Education Program. • 189 surface parking stalls. • Completion of the southern 2/3 of the approved landscape improvements and screening walls from the adjoining R -1 zoned property to the northwest and the R-4 property to the southeast. • A common entrance and shared access agreement for the Adult Education Building and the Willow Lane Apartments. • The completion of an off site storm water detention pond. • Sidewalk connections to the Early Childhood and Family Education Center. On April 12, 2010, the City Council accepted the Planning Commission's recommendation and moved to proceed with the rezoning of the following propreties to PUD/R -1 and PUD /C -1: Lot 1, Block 1, Center Brookdale Addition (R -1 residence /vacant lot) Lot 4, Block 1, Replat of Block 2 Lang Addition (R -1 residence /vacant lot) Lot 2, Block 1, Osseo Willow Lane Addition (R -1 former elementary school) • Lot 3, Block 1, Osseo Willow Lane Addition (C -1 Adult Ed Building) ZONING The PUD/R -1 zoning classification applies to the Elementary School site (Willow Lane ECFE Center) and the two adjoining residential lots. The PUD /C -1 zoning classification applies to the Northwest Family Service Center (Phases I & II of the ISD 270 and CEAP, Inc. building). The general development plan for this PUB maintains the standard perimeter setbacks and allows flexibility on the interior setbacks between the R -1 and C -1 property. COMPLIANCE WITH THE ORDINANCES Ordinance Proposed Front Yard Brooklyn Boulevard 35 ft. 37 ft. 71 Avenue North 25 ft. 29 ft. Side Yard NW R -1 84 ft. (2 X bldg Height) 145 ft. SE R-4 10 ft. 40 ft. existing 4 -15 -10 • Page 2 • West — ECFE 10 ft. 2 ft. (PUD Plan) South — ISD 279 Storm Pond 10 ft. 0 ft. (PUD Plan) Parking Setbacks Brooklyn Boulevard 35 ft. 65 ft. 71 Avenue North 15 ft. 15ft. (N. W. R -1) 15 ft. 66 ft. SE (R -4) 10 ft. 15 ft. South Storm Pond 10 ft. 0 ft. Parking Stalls (1 per 235 sq. ft.) 376 400 LANDSCAPE PLAN The landscape plan provides for the planting of 15 Red Maple trees (two within the front yard of Brooklyn Boulevard, seven within the boulevard area of the new access drive from 71 Avenue North, four along the western side of the parking structure, and one on an island east of the park structure. Nineteen Black Hill Spruce trees are used for screening (11 are located to screen the service unloading rea from 71 Avenue and seven are proposed along the lot line of the adjoining g P P g J residential lot to the west. These coniferous trees are planted 15 ft. on center to provide screening effect as they mature. • Additionally, the plan provides for the planting of seven Service Berry trees (decorative trees) and a planting bed of 41 Burning Bushes (shrubbery) along the outer edge of an employee patio area which is adjacent to the southwest corner of the building. Twenty -one Anthony Waterer Spirea are being placed along the foundation from the second phase building entry to the employee patio area. The plan also illustrates nine Burning Bush shrubs within the existing planting bed south of the Adult Education entry. The City's landscape point system requires that a 3.9 acre lot achieve a minimum of 352 points using the following criteria: Planting Type Minimum Size Points Shade Trees 2 1 /2 " 10 Coniferous Trees 5 ft. height 6 Decorative Trees 1 inch diameter 1.5 Shrubs 12 inch diameter .5 The plantings illustrated on the landscape plan total 344 points. The Phase I plantings that will be retained include: 11 decorative trees within the front yard and along entry drive, four Maples . 4 -15 -10 Page 3 and foundation planting beds (shrubbery), which provide an additional 60+ points, making a total • landscape tally of 404 points. The plan indicates that all of the yard areas, parking islands and distributed areas will be sodded. The Engineering Department has noted that the utility plan illustrates that the storm water discharge line is proposed to be located within the side yard adjoining the parking lot. This construction will require that the restoration of this area be added to the landscape plan for sod and tree replacement. Additionally, in reviewing the demolition plan and the initial Phase I landscape plan, we recognize the opportunity to relocate a significant amount of trees that were installed in 2005 and 2006. • The parking islands that will become part of the parking structure included 12 decorative trees and three deciduous trees (Coffee tree). • The western lot line and area adjoining the ECFE parking lot included two Maple trees and 11 coniferous trees. The use of these trees would add an additional 48 points to the landscape score and provide the opportunity to continue a decorative tree landscape theme within the Brooklyn Boulevard front yard; add trees within the Perry Avenue front yard where the driveway is currently located and replace the trees that will likely be lost with the utility construction of the storm water discharge line. • The landscape plan will need to include an irrigation system. This system should be extended to cover the boulevard area between the side walk and curb. Additionally, staff is requesting that the plans include the resodding of this boulevard area and that the two Maples shown in the front yard be relocated as boulevard trees. SCREENING The first phase improvements included a 15 ft. buffer and a 6 ft. high cedar fence to match an existing screen fence along the Willow Lane ECFE parking lot and was extended along the northwest property line adjoining the R -1 lot. A similar fence and 15 ft. setback was applied to the property line which is adjacent to the R -4 property to the southeast. The zoning code requires the placement of this fence or an alternative acceptable to the City Council. It is staff's opinion that the option of a landscaped berm in lieu of the fence adjacent to the R -1 lot is not an alternative given the existing tree coverage on the vacant lot. The applicant should reconstruct the fence to meet the screening requirement from this adjacent R -1 lot. ACCESS A critical component of the site plan review and the future redevelopment options within the Brooklyn Boulevard corridor which includes the preservation of the residential character of the 4 -15 -10 0 Page 4 • adjoining neighborhood, is directly related to how the City, County and the applicant address improvements to the current entrance unto Brooklyn Boulevard and how the signalized/controlled intersection of Brooklyn Boulevard/Noble Avenue and 71 Avenue can be incorporated into accessing the current development and future redevelopment of this area. The applicant has employed SRF Consulting, an experienced traffic engineer in the Metro area to review traffic within the Brooklyn Boulevard corridor and provide recommendations to improve upon the safety of the current driveway access and a design concept to maximize the use of the signalized intersection to better serve this development, the ECFE site and discourage the potential of future non - residential traffic from entering the 71 Avenue and Perry Avenue neighborhood. As part of the planned improvements, CEAP, Inc. has acquired the two existing residential properties, previously referenced and included in the replatting of the Northwest Family Service Center development. The City has acquired the corner lot addressed as 4800 71 Avenue North. These acquisitions have enabled the design of the realignment of 70 Avenue and this leg of the intersection. The City's acquisition will allow the County to include a right turn lane off of Brooklyn Boulevard and the options in aligning the sidewalk and crossings. It also enables the City to complete the Brooklyn Boulevard streetscape improvements for this quadrant of the intersection. . The plans for these street improvements, including sidewalk connections along Brooklyn Boulevard and 71 Avenue North, boulevard landscaping and entrance to the neighbored will be presented to the Planning Commission for review and comments. Note: We are also inquiring on the possibility of a bus stop to better serve this facility which would allow the improvements within the boulevard area to be completed before the final landscaping and irrigation improvements are installed. LTTII I TIES The utility plan indicates that utilities to serve this building and provide fire protection will be extended from the 71" Avenue North lateral lines. The existing water line within the front yard along Brooklyn Boulevard will provide both the domestic water and feed the buildings fire suppression system. A relocated sanitary sewer service and a water line for hydrants will be constructed within the new access drive from 71 Avenue. The Fire Chief will be involved in the building plan review which includes the parking structure. SITE DRAINAGE Storm water management involves the use of the existing off -site pond area which appears to function as an infiltration basin, and the northerly extension of storm sewer to the service/loading area on the north side of the addition with two catch basis to collect run off from the new access • 4 -15 -10 Page 5 I drive. A copy of the storm water report for this development was included in the companion • preliminary plat review. Site grading, erosion control and the utility improvements associated with this project are being reviewed through the City's Engineering Department, which includes the coordination/assurances that the necessary Watershed and MPCA permits are obtained. ARCHITECTURAL REVIEW The architect has provided the following description of the proposed architectural treatment of the second hase addition and parking structure. P P g The proposed addition is at three story facility constructed to complement the existing facility by utilizing the same materials and details used in the original construction. Exterior materials will include face brick (colors and shapes to match existing), aluminum windows and doors, tinted glass (vision and spandrel), and exterior insulation finishing system (upper portions of building). Due to the need for additional space needed to house HCHS, the size of the addition has increased from what was proposed originally (23,700 sq. ft.) to what is needed for the programs now (64,000+ sq. ft.). A three level parking structure is proposed which will provide entry points to the building on both the second and third floors. The parking structure is proposed as a precast structure finished in materials and colors to compliment the building. Photographs of the existing building will be presented at the meeting to identify the architectural • features of this building which makes it an attractive component within the Brooklyn Boulevard corridor and how the use of accent lighting on the building makes this a very distinctive structure during the evening hours. LIGHTING/TRASH A lighting plan has been submitted indicating that the proposed lighting will not exceed the foot candles authorized under Section 35 -712 of the zoning ordinance (not to exceed three foot candles at a residential property line or ten foot candles at a public right of way or non - residential property line). The plan provides for six light poles, three along the east side of the access drive and three adjacent to the surface parking are. The balance of the site includes lighting constructed as part of the parking structure. The street improvement project will include lighting for the re- design of the 71" Avenue intersection/neighborhood entrance. The site plan indicates that the existing trash enclosure would be relocated to the service /loading area south of the expansion. Pictures of this screening wall and opaque gate will be presented at the meeting. Staff is reviewing the code to determine if the intent of the code was to allow screening of 4 -15 -10 Page 6 • containers or if the code requires the containers to be within a building. This may require that the applicant construct an accessory structure in lieu of a screening wall with a gate to comply with Section 35 -411 (Special Requirements) in C -1 and C -lA zoning district. Attached for reference. (Paragraph 1 & 3, potential contradiction as it relates to off - street loading or storage.) RECOMMENDATIONS Motion finding the plans are consistent with the PUD general development plan for this property and recommendation that site plan approval to facilitate the second phase of the Northwest Family Service Center 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. Any outside trash disposal facilities and/or roof top mechanical equipment shall be appropriately screened from view and provided with opaque gates, consistent with Chapter 35 -411. 4. 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. 5. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 6. B -612 curb and gutter shall be provided around all driving and parking areas. 7. An as -built survey of the property, improvements and utility service lines shall be submitted to the City Engineering Department. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 9. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 10. The applicant 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 site during construction as approved by the City Engineering Department. • 4 -15 -10 Page 7 I 12. The final plat comprehended under Planning Commission Application No. 2010 -004 • shall be approved by the City Council and filed with Hennepin County prior to the issuance of occupancy permits for this project. 13. The rezoning comprehended under Planning Commission Application No. 2004 -005 shall be approved prior to the issuance of building permits for the project. 14. 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[ ,9ay•w9YYS,Y9x9wnanw9rr•w.xi'L O v 'os w.Y.a.nwn wnn.9 ns.asau...,n 9wnaWU 4NmNN ao4e,P.Lf,9 W19ugpe 9a JUpxn9'x j wwxln 1y94 NUxry[w9 w9P9FY, .xw JUwnW [ Z .. .. nuoy9Y9y,nwWxnyuo,n4 wnnwN ,mww iY, PnpunN ,au q mwn INNn'i .. ,� ... � .ulwY Wn �WW YUnv}9u9 mnxwe nm f r_ 1 e I 4 77, . • • b , . . \ \ .o. e fi MEMORANDUM • DATE: April 13, 2010 TO: Gary Eitel, Business and Development Director FROM: Bruce Johnson, Engineering Technician Supervisor SUBJECT: Preliminary Plat and Site Plan Review — Northwest Family Services Center Addition (LEAP site) Public Works Department staff reviewed the following preliminary documents submitted for review for the proposed Northwest Family Services Center Addition: • Preliminary Plat dated March 10, 2010 • Boundary and Topographic Survey dated ( Revised March 8, 2010) • Development plans dated February 11, 2010 Subject to staff approval, the preliminary plat must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions below: 1. The final plat must include dedicated public drainage and utility easements over the • following locations and existing or proposed public utilities, as determined by the City Engineer: A. A drainage and utility easement extending over the proposed watermain and sanitary sewer locations from the new 71 Avenue dedication to the termination point. B. A minimum 10 -ft wide drainage and utility easement along the perimeter boundary of the plat. 2. Legal descriptions must be obtained for all existing easements, which must be vacated as part of the subdivision and site re- development process. 3. An updated certified abstract of title or registered property report must be provided to the City Attorney for review at the time of the final plat application (within 30 days of release of the final plat). 4. The proposed subdivision plat is located adjacent to County State Aid Highway (CSAH) 152. Minnesota Statutes require that the City submit the plat to the Hennepin County Transportation Planning Division for written comments and recommendations. The plat has been submitted and comments are forthcoming. All Hennepin County comments will be conditions of approval. 5. The site development plans and utility relocations must be reviewed and coordinated with • Northwest Family Services Center Addition. Page 2 of 4 Preliminary Plat Memo, April 13, 2010 Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies prior to final plat application, vacation of easements and/or approval of any site modifications. 6. Cross access agreements are required between the parcels. 7. A development agreement is required that includes all conditions of the project approval, subject to the final site plan of the City Engineer. This agreement must also include provisions by the applicant to develop, design and construct the public roadway and utility improvements required for 71 Avenue and the intersection of 71 Avenue and Brooklyn Boulevard, all subject to the approval of the City and the County. Should the developer desire the City to provide these improvements, a petition and waiver must be provided by the applicant petitioning the City to provide the needed public roadway and utility improvements along with a waiver of assessment for 100 percent of the costs for the public improvements. These costs will be the full responsibility of the applicant/property owner. Boundary Survey 8. Sh ow sewer and water services for 4813 and 4819 71 St Avenue. • 9. On 6" DIP water service, verify and show on the plan whether the gate valve is on the hydrant side of the watermain or the building side of the watermain. 10. Show trees marked for protection shown on L3 and have these located by a surveyor. 11. Verify if vault at SE corner of 4813 is a fiber optic line. Preliminary Plat 11. The proposed R/W for 71st Avenue for the preliminary plat must be developed off of survey topography (not an aerial). This means that the preliminary roadway geometrics, alignments, plans, etc. must be developed accurately enough to establish the proposed R/W so the parking and building setbacks are accurate. The R/W will need to be 30 -ft minimum from centerline including through the south leg of the intersection. All of these items need to be verified and completed prior to approving the preliminary plat 12. Provide streetscape easement beyond the R/W in the SW quadrant of the intersection and along the south boulevard to ensure enough City easement for the streetscaping and sidewalk elements. (Note easement vs. dedicated R/W — the difference is that the setbacks are based off of the property line (R/W) and not an easement). 13. Parking lot must be revised so it does not encroach into the setback. 14. Sidewalk with boulevard should be extended on both sides of the northerly private driveway into the site to provide pedestrian connectivity. i GAEngineering\Development & Planning\ACTIVE Development Projects \CEAP, Co NW Hub, Osseo school service Center - 2009\correspondence\Prelim Plat Review Memo.doc Northwest Family Services Center Addition. Page 3 of 4 Preliminary Plat Memo, April 13, 2010 • Sheet L3.0 14. Show the water and sewer services for 4813 and 4819 71" Avenue will be removed and cut off at the main prior to house demolition. 15. See comment #9 above regarding the 6" watermain, remove watermain to Tee and plug Tee, remove the gate valve if it is on the hydrant line. 16. Show removal and replacement of the wood fence on the south line for storm sewer work. 17. Trees marked to be protected on the east lot line, will have storm sewer under as indicated by sheet L5, revise plans. 18. A minimum 4 -ft boulevard is required between the walk and the curb and gutter along 71 Avenue. This will affect the location of the R/W. Sheet L4.0 19. The property line in the NW corner encroaches on the next lot to the west. Permanent • easement must be obtained or plans must be revised. 20. Provide a dimension of the distance from the ramp structure to the west property line. It must meet the required City setback. 21. Show site pedestrian circulation routes from and to all building, parking ramp and regional sidewalk connections. 22. Show internal vehicle turning movement layouts for buses and delivery vehicles for all anticipated paths. 23. Provide a larger pork -chop island at the easterly entrance with a more significant deflection angle to help deter the illegal left -turn movement. 24. Remove 2 parking stalls in the SE corner of the school parking lot. Sheet L5.0 25. Storm sewer line on east property line is being installed under protected trees, show trees as removed or relocated. • GAEngineering\Development & PlanningXACTIVE Development ProjectslCEAP, Co NW Hub, Osseo school service Center - 2009\correspondence\Prelim Plat Review Memo.doc I Northwest Family Services Center Addition. Page 4 of 4 Preliminary Plat Memo, April 13, 2010 • 26. Remove and replace wood fence on south property line with storm sewer. 27. Install rip rap and filter fabric at all F.E.S. locations impacted with this project. 28. Show storm sewer profiles. 29. Provide storm sewer piping design calculations. 30. Provide drainage calculations showing that the site plans meet the City's and watershed district's design standards. 31. Center storm sewer in the 20 -ft drainage and utility easement. 32. Provide rock construction entrance. 33. Provide SWPPP. Sheet L6.0 34. For new watermain install 6" gate valve in 71S Avenue. • 35. Watermain as planned is under existing fiber optic line and vault, indicate how or where the vault will be relocated. 36. Relocate MH #1 to within public R/W 37. Provide sanitary and watermain service details for building and parking ramp. 38. Provide hydrants in locations as determined by the City's Fire Chief. Sheet L7.0 39. Provide irrigation for the entire site. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Subsequent approval of the final plat and site plans may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading and geometric design as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. Need standard drainage and utility easements and conditions. i G:\Engineering\Development & Planning\ACTIVE Development ProjectACEAP, Co NW Hub, Osseo school service Center - 2009\correspondencelPrelim Plat Review Memo.doc RI CONSULTING G ROUP , INC. MINNEAPOLIS FARGO ENGINEERS I PLANNERS I DESIGNERS MADISON CEAP Development SRF No. 0096820 • Av erage ge Daily Traffic Volume Summary April 20, 2010 INTRODUCTION As requested, a summary of the average daily traffic (ADT) volume impacts was developed based on the proposed CEAP development. The summary documents the methodology and ADT volume impacts associated with the proposed access changes and additional trip generation from the CEAP development. The information was used to determine the magnitude of the impacts to 71st Avenue, the proposed CEAP access locations, and the neighborhood to the west of the development. METHODOLOGY Y G The most recent available ADTs are from the year 2007 and are shown on the attached figure. Existing peak hour turning g p movement counts were collected as art of the CEAP S ite Tra ffic g p S ffic Study, dated February 8, 2010. These turning movement counts were used to determine the proportion of peak hour volume, with respect to the ADT, at known locations. The average peak hour volume, with respect to the ADT, was approximately nine percent and 10 percent for the a.m. and p.m. peak hours, respectively (ex. Brooklyn Boulevard ADT — 31,900 vehicles per day; p.m. peak hour volume — 3,086 vehicles (approximately 10 percent of the ADT)). This methodology was applied to existing turning movements at locations where ADT volumes were not previously collected (i.e. 71st Avenue). Once estimated, ADTs were calculated from the existing a.m. and p.m. peak hour turning movement volumes and averaged to develop the approximate ADT for the segment. The same methodology was used to develop the future ADTs at the CEAP access locations 71s Avenue locations ( 71st and Brooklyn Boulevard) and 71st Avenue east and west of the proposed CEAP access. IMPACTS The existing and future ADT review identified the magnitude of impact on the adjacent roadways based on the proposed CEAP development. It should be noted that this information was documented for Scenario 2 conditions since it is the preferred alternative. The ADT review indicates the volume on 71st Avenue east of the CEAP access will increase. The increase is primarily associated with the CEAP expansion. The ADT along 71st Avenue west of the CEAP access will decrease. The decrease along 71 st Avenue west of the CEAP access can be attributed to the closure of the existing Willow Lane School access along Perry Avenue. A significant amount of motorists that previously used the access locations along Perry Avenue will now be able to directly enter the school area without traveling along 71st Avenue west of the CEAP access. The potential remains for CEAP traffic to enter the neighborhood; however the amount is expected to be negligible. H:\Pro'ects�6820\TS�Re orA100420 Final CEAP D T A s 1 p — — — T3.doc www.srfconsulting.com One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447 -4443 1 763.475.0010 Fax: 763.475.2429 An Equal Opportunity Employer 6cA vN Flak, (ow�� SbA • 6x,sv u4, /fi o4 ,mot / w� �rn� Eoc y 7 r� n. 6; vpA ---'' • �tn`C' ,,, � SAN • ' L T1 I9N 21122 �( 2II 2 7 BROOKLYN PARK psi � Lo ¢ C . ee lz 152 fi� m 73rd �1'�— .._..._ � AVE. N. -` A — �— R\ - --- R�, CC v W0 08 ERIN E lA - 1 72na �DOBI E A ir o" L A. Q po DS l $LNG A n d AV E. v 41 p. c a a Lj a q yF � F LJ ¢ gt ALG w 71st e 7j • 1l y , -j AV E. s� CIR. ul c9 X x w �<v� CtR a ' ¢ y w �i to j >; > a7? th AvE. z w Q 2 Palmer Lake Yc � 70th J AV. ¢ a'r w r ¢ a t!' tit ui V" O Lj Z t30 69th (� > > w ac �� a N. C1 URBAN AVG w `c a a AV E. a m a z i i 1 r z 13Q 125 13Q, } " 1 � ti �`` 00 - ��" 1 6$ th a a� AYc. l52 ° �s 68 th AVE. tic `3 °r Hflu�� CREEK _ F 1� r- i .rQ m a THUR��R >a h 109 ce c 94 52 u � AV E. N. Q 67 th AVE. 68 h Lu 67th '^ y� V H 66th AVE. II 66th _ J z 2 AV L J x 6 �44. 1 } WINCHESTER ^� LA._ ' : a qxwt�vj G\V4 'goo V�d VOW Li 1k) l Member Parks introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2010 -03 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010 -006, A REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR PHASE II OF THE NORTHWEST FAMILY SERVICE CENTER. WHEREAS, Planning Commission Application No. 2010 -006 submitted by Welsh Construction, on behalf CEAP, Inc. and Independent School District 279, are requesting site and building plan approval for Phase II of the Northwest Family Services Center; and WHEREAS, the 2 nd phase development includes the construction of a 63,362 sq. ft. addition to the Adult Education Building, located at 7051 Brooklyn Boulevard, a three story parking structure, the redesign of access and internal movement within the parking lot of the Willow Lane Early Childhood Family Education Center located at 7020 Perry Avenue, and access improvements to the signalized intersection of 71 Avenue North and Brooklyn Boulevard; and WHEREAS, the Planning Commission finds that the Site and Building plans are • consistent with the General Development Plans of the Northwest Family Service Center Planned Unit Development. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2010 -006 submitted by Welsh Construction be approved based upon the following considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. Any outside trash disposal facilities and/or roof top mechanical equipment shall be appropriately screened from view and provided with opaque gates, consistent with Chapter 35 -411. 4. 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. 5. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. • 6. B -612 curb and gutter shall be provided around all driving and parking areas. 7. An as -built survey of the property, improvements and utility service lines shall be submitted to the City Engineering Department. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 9. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 10. The applicant shall enter into an easement and agreement for maintenance and PP �' 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 site during construction as approved by the City Engineering Department. 12. The final plat comprehended under Planning Commission Application No. 2010 -004 shall be approved by the City Council and filed with Hennepin County prior to the issuance of occupancy permits for this project. • 13. The rezoning comprehended under Planning Commission Application No. 2004 -005 shall be approved prior to the issuance of building permits for the project. 14. Access to the site along Brooklyn Boulevard is subject to approval by Hennepin County Transportation Department and the obtaining of the appropriate permit. 15. The public improvements for the realignment of 7 V Avenue North and the signalized intersection are approved and installed with or simultaneous with this project. 16. Approval is subject to conditions and recommendations as outlined in the City Engineering Department's memo dated April 13, 2010. Date Chair ATTEST: etary • The motion for the adoption of the foregoing resolution was duly seconded by member Kuykendal and upon vote being taken thereon, the following voted in favor thereof: • Chair Rahn, Commissioner Campbell- Sudduth, Kuykendall, and Parks. and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. • • • 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 APRIL 15, 2010 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:16 p.m. ROLL CALL Chair Sean Rahn, Commissioners JoAnn Campbell- Sudduth, Kara Kuykendall, and Michael Parks were present. Also present were City Manager Curt Boganey, Director of Business and Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Stan Leino and Carlos Morgan were absent and unexcused. APPROVAL OF MINUTES — MARCH 25, 2010 There was a motion by Commissioner Parks, seconded by Commissioner Campbell- Sudduth, to approve the minutes of the March 25 2010 meeting as submitted. The motion passed PP g unanimously. CHAIR'S EXPLANATION Chair Rahn 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. 2010 -004 WELSH CONSTRUCTION, LLC Chair Rahn introduced Application No. 2010 -004, a request from Welsh Construction, LLC, for Preliminary Plat approval to facilitate the consolidation of the two residential lots at 4813 71 Avenue and 4819 70 Avenue, recently acquired by CEAP, with the property addressed as 7051 Brooklyn Boulevard (Adult Education Building) into a single parcel comprising 169,877 sq. ft. and 3.9 acres in area. Mr. Ertel explained that Planning Application No. 2010-004 was scheduled for a pub lic hearing on March 25, 2010, however, the public hearing was continued to April 15, 2010 since changes to the Preliminary Plat occurred that required additional review by the City and County staff. Mr. Eitel presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 4 -15 -10 for Application No. 2010 -004, and Public Work's Memo dated 4- 13 -10, the attached.) Mr. Eitel explained that the applicant is also seeking Site and Building plan approval though the PUD (Planned Unit Development) process under Planning Commission Application No. 2010 -006 to facilitate the Phase 11 construction of . a 63,362 sq. ft. building addition, three level parking structure and related site improvements to the Adult Education building located at 7051 Brooklyn Boulevard. 4 -15 -10 Page 1 Mr. Eitel further described development to the site that took place in 2004 following the • Planning Commission and City Council review resulting in approvals for Preliminary Plat, Rezoning, Site and Building Plan and Special Use Permit approvals as part of the Phase I development. (See Planning Commission Information Sheets for Application Nos. 2004 -010, 2004 -011 and 2004 -012, dated 10- 28 -04.) Mr. Eitel explained that as a result of the replatting of these properties, a side yard easement would be vacated and dedications of new perimeter easements and right of way would occur along 70 Avenue North. He added that there would also be major modifications to 71" Avenue street alignment, signalized intersection, including a left turn lane for northbound travel onto Brooklyn Boulevard. CONTINUE PUBLIC HEARING — APPLICATION NO. 2010 -004 Chair Rahn called for comments from the public. Mike Schraad, 4350 Baker Road, Minnetonka, part of the design team for the Welsh Construction, introduced himself to the Commission. Chair Rahn asked about additional irrigation being added to the site. Mr. Schraad noted that proper irrigation would be installed as required around the site. Commissioner Parks stated that he appreciates the efforts to continue the similar look of the • addition to the existing building and asked about the look of the garage. Mr. Schraad responded that the garage is made out of precast concrete with reveals (horizontal bands) to match the EFIS color on the building. He added that the precast is the structural component to the garage. Commissioner Parks asked the applicant to make the building look and function better for the future. Commissioner Parks also asked if the drive lane along Willow Lane is a fire lane. Mr. Schraad responded that the fire lane has a 14 ft. clearance which has met the fire department's approval. Commissioner Parks also addressed the issue of additional screening between the remaining residential property that abuts this development. Mr. Schraad responded that they will preserve all the trees that are there and add additional screening. No other persons from the public appeared before the Commission during the Public Hearing on Application No. 2010 -004. CLOSE PUIBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to close the public hearing on Application No. 2010 -004 at 8:05 p.m. The motion passed. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. • 4 -15 -10 Page 2 • ACTION TO RECOMMEND APPROVAL OF RESOLUTION NO. 2010 -01 There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to recommend to the City Council that it approve Planning Commission Resolution No. 2010 -01 regarding the recommended disposition of Planning Commission Application No. 2010 -004, submitted by Welsh Construction, LLC for Preliminary Plat approval. Voting in favor: Chair Rahn, Commissioners Campbell- Sudduth, Kuykendall, and Parks. And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Resolution 2010 -01 is made part of these minutes by attachment. The Council will consider the application at its April 26, 2010 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. 2010 -006 WELSH CONSTRUCTION, LLC Chair Rahn introduced Application No. 2010 -006, a request for Site and Building plan approval for a 63,362 sq. ft. addition to the existing Adult Education Building, located at 7051 Brooklyn Boulevard, a three story parking structure providing 400 parking stalls, access improvements from the realignment of 71" Avenue North, and internal access improvements within the Early • Childhood and Family Education parking lot. Mr. Eitel presented the staff report describing the location of the property and that the proposal was consistent with the General Development Plan for this PUD. (See Planning Commission Information Sheet dated 4 -15 -10 for Application No. 2010 -006 and Public Work's Memo dated i 4- 13 -10, attached.) He further explained the development plans with a PowerPoint presentation that included photographs of the following: • Existing storm water management pond (including inlets and outlet structure, noting that the basin appears to function as an infiltration pond) • Phase I landscape improvements and the opportunity to use these planting to continue the landscape theme along Brooklyn Boulevard and additional plantings along Perry Lane. • The architectural treatment of the building and ascent lighting with the architect's notation that parking structure would be complementary to the principal building. • Current access from Brooklyn Boulevard and improvements to restrict north bound turn movements. • New access improvements from 71" Avenue North. • Existing buffering improvements to adjoining R -1 properties, the existing trees on the residential lot acquired to provide the buffer, and the continued use of a board fence vs. a landscape berm. . Mr. Eitel further described development to the site that took place in 2004 following the Planning Commission and City Council review resulting in approvals for Preliminary Plat, 4 -15 -10 Page 3 Rezoning, Site and Building Plan and Special Use Permit approvals as part of the Phase I • development. (See Planning Commission Information Sheets for Application Nos. 2004 -010, 2004 -011 and 2004 -012, dated 10- 28 -04.) There was discussion by the Commission regarding various aspects of Planning Commission Application No. 2010 -006. Commissioner Parks asked about storm water retention on the site. Mr. Eitel responded that the Phase I improvements included the construction of the storm water retention pond. Phase H improvements include the relocation of storm sewer outlet line. He added that the new road and northern service area will be connected to the existing storm sewer. Commissioner Parks asked about the plan for lighting on the top level of the ramp. Mr. Schraad replied that 15 ft. pole mounted lights are proposed on the top of the structure. Commissioner Parks asked if there would be a better option available. Mr. Eitel explained the height of the lighting in relation to the building and pointed out that the parking structure is 30 ft. high and the building is 44 ft. high. Commissioner Parks felt that the plan showing lights on top of the parking structure is deceiving because people will see the lights from far away. He asked the applicant to consider another way to light the parking structure without using poles. Mr. Schraad said they would look into other options but also need to keep in mind safety and security on the site. The applicant has also agreed to use a similar light pole as the Brooklyn Boulevard theme for site lighting. • There was discussion among the Commission and the applicant regarding appropriate screening of the trash containers and dumpsters on the site. The applicant agreed to construct a structure with similar /complementary materials vs. relocating the current screening fence.. Commissioner Parks complimented Mr. Eitel for his hard work on preparing the plans for the Commission's review. ACTION TO RECOMMEND APPROVAL OF RESOLUTION NO. 2010 -02 There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to recommend to the City Council that it approve Resolution No. 2010 -02 regarding the recommended disposition of Planning Commission Application No. 2010 -006, submitted by Welsh Construction, LLC, for Site and Building Plan approval. Voting in favor: Chair Rahn, Commissioners Campbell- Sudduth, Kuykendall, and Parks. And the following voted against the same: none Whereupon said resolution as declared duly passed and adopted. Resolution 2010 -02 is made part of these minutes by attachment. The Council will consider the application at its April 26, 2010 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. • 4 -15 -10 Page 4 • OTHER BUSINESS Mr. Eitel explained that the Commission will be reviewing a PUD Amendment at the next meeting for the vacant lot at 69` and Brooklyn Boulevard. He added that two individuals have contacted him regarding a Farmer's Market which will be discussed at a future Planning Commission meeting. Chair Rahn shared with the Commission that he attended the joint meeting with the City Council and he felt that it went well. He added that there seems to a concern by some residents about the image of Brooklyn Center. There was no other business. ADJOURNMENT There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:48 p.m. Chair • Recorded and transcribed by: Rebecca Crass 4 -15 -10 Page 5 City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM • DATE: April 20, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk jW4\k4ULW, SUBJECT: Resolution Making Findings of Fact and Order Relating to Sterling Square Apartments, 1400 and 1401 67th Avenues North and 6640 and 6700 Humboldt Avenues North Recommendation: It is recommended that the City Council consider adoption of Resolution Making Findings of Fact and Order Relating to Sterling Square Apartments, 1400 and 1401 67th Avenues North and 6640 and 6700 Humboldt Avenues North. Background: At its April 12, 2010, meeting, the City Council held a hearing relating to the rental license of John Paul Roder, Sierra - Sterling Investments, LLC, Sierra Properties, Inc., Rapahar Properties, Inc. for property located at Sterling Square Apartments (1400 and 1401 67th Avenues North and 6640 and 6700 Humboldt Avenues North). City Prosecutor Bill Clelland and I provided testimony regarding the alleged violations, • specifically relating to delinquent property taxes in the amount of $35,055.41. The licensee, John Paul Roder, did not appear, although proper notice was given. The City Council directed staff to prepare a resolution making findings of fact and order to revoke the rental dwelling license issued to John Paul Roder for Sterling Square Apartments. The City Council requested that the time period of the revocation be left blank and the Council would decide a time period at the next meeting. City Attorney Charlie LeFevere has prepared a resolution making findings of fact and order and it is offered for consideration. On Tuesday, April 13, 2010, John P. Roder submitted a letter relating to the matter of contested property taxes indicating the issue had been adequately resolved, and he would be paying the P Y delinquent property taxes on or before April 30, 2010. City Prosecutor Bill Clelland responded to Mr. Roder's letter on April 14, 2010, explaining that the City Council held the hearing on April 12, 2010, and will consider a resolution to revoke the rental license at its April 26, 2010, meeting. Budget Issues: There are no budget issues to consider. • Mission: Ensuring an attractive., cleats, safe continunity that enhances ate quality of life and preserves the public. trust Excerpts from Chapter 12 of the City Code of Ordinances P P Section 12 -901. LICENSING OF RENTAL UNITS. 9. Condition of License. Licensees with three or more units must be current on the payment of all utility fees taxes assessments fines penalties or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder at all times. Licensees with less than three units must be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder prior to issuance or renewal of a license. In the event a suit has been commenced under Minnesota Statutes, Section 278.01- 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof that remain unpaid for a period exceeding one (1) year after becoming due. Section 12 -910. LICENSE SUSPENSION, REVOCATION, DENIAL AND NON - RENEWAL. 1. Applicability. Every license issued under the provisions of this Chapter is subject to suspension or revocation by the City Council. 2. Unoccupied or Vacated Rental Units. In the event that a license is suspended, revoked, • or not renewed by the City Council, it shall be unlawful for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid license may be restored by the City Council. 3. Grounds for License Action. The Council may revoke, suspend, or decline to renew any license issued under this Chapter upon any of the following grounds: a. false statements, misrepresentations, or fraudulent statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. b. failure to pay any application fee, fine or penalty, reinspection fees, reinstatement fee, special assessments, real estate taxes, or other financial claims due to the City as required by this Chapter and City Council resolution. C. failure to continuously comply with any property maintenance, zoning, health, building, nuisance, or other City Codes; or failure to correct deficiencies noted in Compliance Notices in the time specified in the notice. d. failure to comply with the provisions of an approved mitigation plan or not submitting an action plan as required. e. failure to qualify for the type of license held or applied for. Is • f. excessive police calls for service in accordance with criteria determined by the City Manager and approved by the City Council, based on the number and nature of the calls when, after owner notification, the owner has failed to supply an appropriate written action plan to reduce the police calls for service g. failure to actively pursue the eviction of tenants who have violated the provision of this Chapter or Crime Free Lease Addendum or have otherwise created a public nuisance in violation of City, state, or applicable laws. h. the failure to eliminate imminent health and life safety hazards as determined by the City, or its authorized representatives. i. conviction of any crime related to the business or entity licensed and failure to show by competent evidence the rehabilitation and ability to perform the duties of the business. j. the abandonment of the property by the property owner as determined by the inability to make contact with the owner or his/her manager or local agent due to inaccurate or invalid contact information. k. failure to operate or maintain the licensed premises in conformity with all • applicable state and local laws and Ordinances. 4. License Action Sections. Revocation, suspension, and non - renewal may be brought under either this Section or Section 12 -911, or both. 5. Notification, Hearing, and Decision Basis. a. Written Notice, Hearing. A decision to revoke, suspend, deny, or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefor and the applicant or licensee will be given an opportunity for a hearing before the City Council before final action to revoke, suspend, deny, or not renew a license. b. Decision Basis. The Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. 6. Affected Facility. The Council may suspend or revoke a license or not renew a license for part or all of a facility. 7. License Actions, Reapplication. • a. Suspension. Licenses may be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any conditions imposed by the City Council at the time of suspension. b. Revocation, Denial, Nonrenewal. Licenses that are revoked will not be reinstated until the owner has applied for and secured a new license and complied with all conditions imposed at the time of revocation. Upon a decision to revoke, deny or not renew a license, no new application for the same facility will be accepted for the period of time specified in the Council's written decision, which shall not exceed one year. A decision not to renew a license may take the form of a suspension or revocation. A decision to deny an initial application for a new facility will not take the form of a suspension or revocation unless false statements have been made by the applicant in connection with the application. A decision to deny an initial application shall state conditions of reapplication. C. Reinstatement Fees. All new applications must be accompanied by a reinstatement fee, as specified by Council resolution, in addition to all other fees required by this Chapter. 8.' Written Decision, Compliance. A written decision to revoke, suspend, deny, or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be re -let or occupied. Revocation, • suspension or non - renewal of a license shall not excuse the owner from compliance with all terms of state laws and Codes and this Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non - renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non - renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non - renewal specified in the City Council's written decision or in paragraph 6 of this Section. 9. New Licenses Prohibited. A person who has a rental license revoked may not receive a rental license for another property within the City for a period of one year from the date of revocation. The p erson may continue to operate other currently licensed rental properties if the properties are maintained in compliance with City Codes and other applicable regulations. • • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO STERLING SQUARE APARTMENTS, 1400 AND 1401 67TH AVENUES NORTH AND 6640 AND 6700 HUMBOLDT AVENUES NORTH A hearing was held by the Brooklyn Center City Council on the 12th day of April, 2010, at 7:00 pm at the Brooklyn Center City Hall on the matter of the rental license of John Paul Roder for Sterling Square Apartments (1400 and 1401 — 67th Avenue North and 6640 and 6700 Humboldt Avenue North) pursuant to Sections 12 -901 and 12 -910 of the Brooklyn Center City Code. City staff, presenting the alleged violations, was represented by William G. Clelland, Esq., Carson, Clelland & Schreder, Brooklyn Center, Minnesota. The licensee did not appear. Having heard and duly considered the evidence presented at the hearing and having given due regard to the frequency and seriousness of the violation, the ease with which the violation could have been cured or avoided and good faith efforts to comply, the Council makes the following FINDINGS OF FACT and ORDER: . FINDINGS OF FACT 1. John Paul Roder is the holder of a regular rental license for properties located at 1400 and 1401— 67th Avenue North and 6640 and 6700 Humboldt Avenue North. 2. City Code Section 12 -901, paragraph 9 provides that at all times during the term of a rental license, the licensee shall be current in payments of taxes, utilities, and assessments. 3. Notice of this proposed license action was mailed to John Paul Roder. 4. Received in evidence was a copy of the notice of proposed license action and the letter serving the notice, and copies of Hennepin County tax payment status and utility billing history. 5. The City Clerk testified that utility payments totaling over Ten Thousand Dollars ($10,000) that had been unpaid and delinquent at the time of giving notice of the hearing had been paid by the date. and time of the hearing on April 12, 2010, except for a balance remaining of $10.35 and that real estate taxes in the amount of $35,055.41 were unpaid and delinquent at the time and date of the hearing. • I RESOLUTION NO. • BASED UPON SAID FINDINGS, the City Council now makes the following ORDER 1. The rental housing license held by John Paul Roder for the rental dwellings at 1400 and 1401 — 67th Avenue North and 6640 and 6700 Humboldt Avenue North is hereby revoked. No application for a new license shall be granted unless all payments are current in accordance with City Code, Section 12 -901, paragraph 9. No application for a new license will be considered by the City Council until 5 20 2. This revocation applies to all parts of 1400 and 1401— 67th Avenue North and 6640 and 6700 Humboldt Avenue North. 3. Revocation shall be effective on and from April 27, 2010. 4. The City Clerk is directed to mail a copy of this Resolution to the licensee. 5. The licensee is advised that Brooklyn Center City Code, Section 12 -910, paragraph 8, prohibits the reletting, rental or occupancy of rental units that are vacant at the time • of revocation and/or that become vacant during the period of revocation and until the licensee has a valid rental license. 6. The licensee is further advised that Brooklyn Center City Code, Section 12 -910, paragraph 8 also provides that revocation shall not excuse the owner from it s o state law and codes and the City compliance with term f s P Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all the terms of the City Code, Chapter 12 during the term of the revocation is a misdemeanor and grounds for a decision not to issue a new license. • RESOLUTION NO. By Order of the City Council of the City of Brooklyn Center this 26th day of April, 2010. April 26, 2010 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. • • APR. 14.2010 11:25AM CC & S N0. 739 P. 1 GAnSON, GLELIAND Sc SGHREDE8 ATTORNEXS A.T LAw PROFESSIONAL LIMITED LIABILITY PARTNERSHIP • JEFFREY A. CARSON 6300 SHINGLE CREEK PARKWAY. SUITE 305 TELEPHONE WILLIAM G. CLELLAND (763) 561 -2800 ELLEN M. SCHREDBR MINNEAPOLIS. MINNESOTA 53430 -2190 FAX DAVID K. ROSS (763) 561 -1943 DAWN E. SPELTZ JOHN J. THAMES 14 April 2010 VZA FACSBIILE 763.569.3494 Curt Boganey, City Manager Vickie Schleuning, Assistant City Manager City.o €Brooklyn Center 6301 Shingle Creek parkway Brooklyn Center, Minnesota 55430 VIA FACSAALE 612.323 7.93 10 Charles L. LeFevere Kennedy and Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, Minnesota 55402 • RE: Rental license action against Sterling Square Dear Curt, Vickie and Charlie, I enclose a letter received from the owner of Sterling Square stating an intention to fully pay the taxes and assuming this matter is settled and I enclose my reply. I assume he will seek to appear before the council at its next meeting for relief from the resolution. I will be available to appear that right. I think the notice of proposed license action and my letters made it clear that his stated intention to contest taxes did not qualify him for any exemption from the requirements of the ordinance and he has never given me any evidence of the commencement of any action which is I I the prerequisite. CARSO LEL &SCHREDER Wi lli 1 enc. • APR. 14.2010 11:26AM CC & S N0.739 P. 2 GAInSON, GLELLAND 8r SOUREDEB ATTORNEYS AT LAW PROFESSIONAL LIMITED LIABILITY PARTNERSHIP JEFFREY A. CARSON 6300 SHINGLE CREEK PARKWAY, SUITE 309 TELEPHONE WILLIAM G. CLELLAND (763) 56 -2800 ELLEN M. SCHREDER MINNEAPOLIS, MINNESOTA 35430 -2 1 90 FAX DAVID K. ROSS (763! Se( -Ig43 DAWN E. SPELTZ JOHN J. THAMES 14 April 2010 By Certified Mail and U.S. Mail John Roder Sierra-Sterling Investments, stments g , LLC Sierra Properties, Inc. Rapahar Properties, Inc. 1818 Bryant Avenue N, Apartment 3 Minneapolis, Minnesota 5541 -3272 RE: Notice of proposed Iicense action Dear Sir_ • In reply to your letter dated 13 Aril 2010 a advised that the City Council heard this b vx P Y 3 tY P matter at its 12 April meeting and passed a resolution to revoke the rental license for the entire premises. You did not appear at the hearing. The resolution does not fix the length of the period of revocation but that will be determined at the next council meeting. The notice of the proposed license action advised you of the date, time and place of the hearing and I subsequently advised you that merely stating an intention to contest taxes did not place you in a position for any exemption because the actual commencement of an action is required by ordinance. Sincerely, 2.0N. C LL AIUM Prosecuting Attorney cc City Manager Le Fevere, City Clerk April 13, 2010 Dear Sir: I appreciate your consideration and response to the matter of notice of proposed license action pending with the city of Brooklyn Center as it relates to the property known as Sterling Square Apartments located at 1400/1401 67th Av N and 6640/6700 Humboldt Av N in Brooklyn Center. As my previous letter indicated, we would be proceeding with the matter as indicated therein, being cognizant of the legal requirements in Brooklyn Center that you have also referenced. I believe the only outstanding matter at this time is the unpaid property taxes for 2009. The matter of contested property taxes has now been adequately resolved for us. As a result, payment will be made to Hennepin County in the amount of $35,055.41 on or before April 30, 2010. I will presume this communication as well as following through on completing the property tax payment on our part as indicated will settle this matter as it presently exists. Sincer • John P. Roder Chief Manager (of owner entity) cc: City Manager • Materials from April 12, 2010 City Council Meeting • • COUNCIL ITEM MEMORANDUM DATE: April 6, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk , SUBJECT: Hearing for John Paul Roder, Sierra - Sterling Investments, LLC, Sierra Properties, Inc., Rapahar Properties, Inc. Regarding Rental Property Located at Sterling Square Apartments (1400 and 1401 67th Avenues North and 6640 and 6700 Humboldt Avenues North) Recommendation: It is recommended that the City Council: 1. Receive Staff report. 2. Open the hearing to receive applicant testimony. 3. Close the hearing. 4. Direct Staff to prepare a resolution for the next City Council meeting with findings of fact to either suspend or revoke the rental license for Sterling Square Apartments. Background: The property located at 1400 and 1401 67th Avenues North and 6640 and 6700 Humboldt Avenues North is an apartment complex known as Sterling Square Apartments (4buildings with • 54 units). • City taxpayer records indicate owner as Sierra Properties, Inc., 1818 Bryant Ave N #3, Minneapolis, MN 55411 • County taxpayer records indicate owner as Sierra - Sterling Investments, LLC, Rapahar Properties, c/o Sabre Enterprises, Inc., 1818 Bryant Ave N #3, Minneapolis, MN 55411 • The rental dwelling license application indicates owner as John Paul Roder, 6700 Humboldt Ave N #104, Brooklyn Center, MN 55430 • January 26, 2009 — City Council issues renewal rental license for Sterling Square Apartments with expiration date of December 31, 2010 • January 15, 2010 City Assessor notifies City Clerk that Sterling Square Apartments has delinquent second half 2009 property taxes (second half property taxes were due October 15, 2009) • January 15, 2010 — City Clerk inquires and Utility Billing Clerk notifies that utilities were not current ($9,047.03 total) • January 19, 2010 — City Clerk sends letter to John Roder notifying of delinquent taxes and utilities • February 3, 2010 — City Clerk notifies City Prosecutor that property taxes and utilities were not current (second half 2009 taxes due $34,075.84) • March 1, 2010 — City Prosecutor mailed letter and notice of proposed license action • March 8, 2010 — letter received from John P. Roder requesting temporary relief against the proposed rental license action • Mission Ensuring an attractive, clean, safe community that enhances the qual1g of life and preserves the prrblir. trust COUNCIL ITEM MEMORANDUM • March 15, 2010 — City Prosecutor mailed response to the March 8, 2010, letter submitted • by John P. Roder • April 6, 2010 — Hennepin County confirms second half property taxes 2009 plus penalties are unpaid in the amount of $35,055.41, a violation of Section 12.901 (9) • April 6, 2010 City Utility Billing Clerk indicates $79.65 CREDIT balance for 1400 67th Ave N; $30 balance for 1401 67th Ave N; $30 balance for 6640 Humboldt Ave N; and $30 6700 for Humboldt Ave N Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will stabilize and improve residential neighborhoods • i Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Office of the City Clerk City of Brooklyn Center A Millennium Community Sharon Knutson, MMC City Clerk . January 19, 2010 John Roder _ 6700 Humboldt Ave N #104 `' g aru aft �yG Brooklyn Center, MN 55430 {r 55q �I RE: Rental Property Located at: Sterling'Square Apartments, Brooklyn Center Dear Property Owner: Section 12 -901 of the Brooklyn Center Code of Ordinances states "prior to issuance or renewal of a license and at all times during the license term, a license holder must be current on the payment of all utility fees, taxes, and assessments due on the licensed property and any other rental real property in the city owned by the license holder." City records indicate that there are both taxes and utilities owed for this property. Property taxes and utilities must be paid in full to retain a rental dwelling license. Please submit payment for utilities to the City of Brooklyn Center and payment for taxes to Hennepin • County Government Center, 300 S 6th Street, Administrative Tower A -600, Minneapolis, MN 55487- 0060, within 10 calendar days of the date of this letter. Failure to keep current on the payment of all t on the rental property will result in legal prosecution b the City. utilit fees, axes and assessments due ern Y Y P P Y g P Y . If payment has been made, please disregard this notice, as I will consult with the City Assessor after your due date. Any questions regarding taxes may be directed to Hennepin County at 612 - 348 -3011. Sincerely,. j . �44R Sharon Knutson City Clerk 6301 Shingle Creek Parkway Recreation and Community Center Phone & 4DD Num Brooklyn Center, M1V 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 ww w. cityo fbrooklyncenter. org 1 March 2010 By Certified Mail and U.S. Mail John Roder Sierra - Sterling Investments, LLC Sierra Properties, Inc. Rapahar Properties, Inc. 1818 Bryant Avenue N, Apartment 3 Minneapolis, Minnesota 5541 -3272 RE: Notice of proposed license action Dear Sir, • Enclosed herewith and served upon you is a notice of proposed action against your rental license for that premises known as Sterling Square. The only exception to an action based upon failure to pay real property taxes in a timely manner is a lawsuit maintained by you challenging the amount and/or validity of the tax. You must make an application to the Council for relief, if such a lawsuit is pending. You are further advised that an action against the license is not the sole or exclusive .remedy available to the City and the City reserves the right for further proceedings. Sincerely, CARSON, CLELLAND & SCHREDER William G. Clelland Prosecuting Attorney cc City Manager Le Fevere, City Clerk • NOTICE OF PROPOSED LICENSE ACTION You are hereby notified, pursuant to Section 12 -910 of the ordinances of the City of Brooklyn Center, that a hearing before the City Council shall be held on the 12 day of April 2010 at 7:00 pm o'clock at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, at which time the City Council shall consider the revocation, suspension or non renewal of the rental license held by John Roder and Sierra- Sterling Investments, LLC for that apartment complex known as Sterling Square, located at 6640 Humboldt Avenue N., 6700 Humboldt Avenue N., 1400 67 Avenue N., and 140167 th Avenue N., Brooklyn Center, Minnesota. The grounds for this license action are the failure of the licensee to pay the second half year 2009 real property taxes, now due and overdue as follows: $9,957.71 for 6640 Humboldt • Avenue N., $9,968.36 for 6700 Humboldt Avenue N., $7,423.32 for 1400 67 Avenue N., and $7,423.32 for 1401 67 Avenue N., together with applicable interest and penalties and further for failure to pay city- provided utilities now overdue and delinquent as follows: $2,734.63 for 6640 Humboldt Avenue N., $2,821.84 for 6700 Humboldt Avenue N., $2,088.13 for 1400 67 Avenue N., and $2,427.13 for 1401 67 Avenue N., together with applicable interest and penalties. Section 12 -901 subd 4 provides that as a condition of acquiring a rental license and maintaining a rental license, the licensee must be current on payments for all assessments, taxes and utilities. Section 12 -910 provides for the revocation, suspension or non renewal of a rental license for, inter alia, failure to operate or maintain the license premises in conformity with all applicable state laws and codes and the City Code or Ordinances and any other violation of Chapter 12. • Sabre Asset Management, LLC Property Management Services for The Rapahar Properties Group • 1818 Bryant Avenue North, Unit 3 Minneapolis, MN 55411 612- 325 -2500 Date: Monday March 8, 2010 Re: Sterling Square Apartments Dear Council Members and City Manager and Staff: Owner and Management of Sterling Square Apartments located at 6640 and 6700 Humboldt Ave. N. and 1400 and 1401 67th Ave. N., have received the various correspondence from City Clerks and Legal Counsel for the City of Brooklyn Center regarding the property rental license, unpaid water bills and unpaid property taxes for the location. This letter serves notice of the following: 1. The Owner is in the process of challenging the amounts of taxes payable on the property. 2. The Owner does request temporary relief against the proposed rental license action. It is the intention of the Owner to work through all of the issues related to the property and again maintain current status with regard to payment. Having had the same Owner in principal since June, 2000 the Owner does request some latitude in working to correct the present situation, given the lengthy period of ownership with what is believed to be a generally acceptable operation of the complex. Regardless of the property tax question, today's rental market is creating significant challenges for most owners • during these unprecedented economic times. As a direct indication on the part of the Owner to correct the situation going forward, a cashier's check drawn directly on US Bank has been posted in the amount of $9,951.73 for all outstanding water bills for the property, (not including the present usage period). It is anticipated all present financial issues, tax related or otherwise, will be settled going forward as the present plan is to complete refinance work in August or September of this year. It is also of note that Management and Owner continue to maintain the same standards with respect to background checks prior to occupancy and general unit repair. At this time, the 6700 Humboldt building does have an existing city repair order pending that is overdue for repair /replacement of failing stucco on the building. The Owner does intend to proceed with this work and a permit application will be submitted prior to the end of March. Respectfully, it is the request of the Owner to the Council to accept from the Owner: 1. Action to resolve the property tax matter in a timely manner. 2. Recognition of the underlying intent to correct indicated by the certified funds payment of delinquent water bills. 3. A condition the requested relief be granted on condition the Owner does undertake the necessary building code repair work at the 6700 building as evidenced by initially causing the permit to be applied for prior to the end of March and as evidenced by closure of that same building permit. Sincerely John P. Roder Owner/Management Representative • 15 March 2010 By Certified Mail and U.S. Mail John Roder Sierra - Sterling Investments, LLC Sierra Properties, Inc. Rapahar Properties, Inc. 1818 Bryant Avenue N, Apartment 3 Minneapolis, Minnesota 5541 -3272 RE: Notice of proposed license action Dear Sir, I have read your letter to the council and city staff. Your letter states an intention to challenge property taxes but does not state that an action to do so has been commenced. City ordinance 12 -901 provides that if "suit" to challenge property taxes has been commenced under Minnesota Statutes Sections 278.01 to 278.03, the council may find that a basis for deferring license action. Sections 278.01 provide for a challenge in the district court by filing a petition and serving the petition upon the county auditor, county attorney, county treasurer and county assessor. Section 278.03 also requires payment of some tax unless specifically excused during the pendency of the petition. If you have commenced such an action, please provide me with copies of the petition and proof of service. Absent the commencement of this action under Chapter 278, you do not qualify for any exceptions. Sincerely, CARSON, CLELLAND & SCHREDER William G. Clelland Prosecuting Attorney cc City Manager er g Hennepin County Property Information Page 1 of 1 Hennepin County, MN . VrWW, • .us HENNEPIN COUNTY TREASURER A600 Government Center Minneapolis MN 55487- 0060 Property Tax Information The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) Property ID No.: 36- 119 -21 -22 -0043 NON - HOMESTEAD Property Address: 6640 HUMBOLDT AVE N BROOKLYN CENTER Owner Name: SIERRA - STERLING INVST LLC Taxpayer Name and Address: RAPAHAR PROPERTIES C/O SABRE ENTERPRIESES INC 1818 BRYANT AVE N # 35430 2010 TAXES TAX PENALTY TOTALS 1 st Half Tax (Due Date May 17) $9,234.91 2nd Half Tax (Due Date October 15) $9,234.91 . Penalty $0.00 Total Payable $18,469.82 $0.00 $18,469.82 Net Paid - YEAR TO DATE $0.00 $0.00 $0.00 Total Due $18,469.82 $0.00 $18,469.82 Property ID No.: 36- 119- 21 -22- 1st Half Tax Due through 05/17/2010 ❑ $9,234.91 0043 Note: If you are using this page in 2nd Half Tax Due through 10/15/2010 $9,234.91 lieu of Hennepin County payment stub to remit payment; after printing the page, please check the box in front of the payment amount that you Total Due - 2010 Tax E $18,469.82 are remitting. Property has prior year delinquent taxes. Call (612) 348 - 3011 for amount due. . alit 3611921220043 • �o on • b�1 1 https: / /wwwl6.co.hennepin.nm.us /taxpayments /taxesdue.jsp ?pid = 3611921220043 04/06/2010 Hennepin County Property Information Page 1 of 1 Hennepin County, N ,"%1V v. HEN I .0 NEP N COUNTY TREASURER A6 0 Government vernment Center Minneapolis MN 55487 -0060 Property Tax Information The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) Property ID No.. 36- 119 -21 -22 -0038 NON - HOMESTEAD Property Address. 6700 HUMBOLDT AVE N BROOKLYN CENTER P Owner Name: SIERRA - STERLING INVST LLC Taxpayer Name and Address: RAPAHAR PROPERTIES C/O SABRE ENTERPRIESES INC 1818 BRYANT AVE N # 35430 2010 TAXES TAX PENALTY TOTALS 1 st Half Tax (Due Date May 17) $9,243.68 2nd Half Tax (Due Date October 15) $9,243.68 Penalty $0.00 Total Payable $18,487.36 $0.00 $18,487.36 Net Paid - YEAR TO DATE $0.00 $0.00 $0.00 $ Total Due $18 $0.00 $18,487.36 Property ID No.: 36- 119- 21 -22- 1st Half Tax Due through 05/17/2010 F� $9,243.68 0038 Note: If you are using this page in 2nd Half Tax Due through 10/15/2010 E] $9,243.68 lieu of Hennepin County payment stub to remit payment; after printing the page, please check the box in front of the payment amount that you Total Due - 2010 Tax F� $18,487.36 are remitting. Property has prior year delinquent taxes. Call (612) 348 - 3011 for amount due. ni i 361192 1220038 • https: / /wwwl6.co.hennepin.nm.us/ taxpayments / taxesdue.jsp ?pid = 3611921220038 04/06/2010 Hennepin County Property Information Page 1 of 1 Hennepin Count, MN • w. - .US HENNEPIN COUNTY TREASURER A600 Government Center Minneapolis MN 55487- 0060 Property Tax Information The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) Property ID No.: 36- 119 -21 -22 -0039 NON - HOMESTEAD Property Address: 1400 67TH AVE N BROOKLYN CENTER Owner Name: SIERRA - STERLING INVST LLC Taxpayer Name and Address: SIERRA - STERLING INVST LLC 6700 HUM 3OLDT AVE N #104 BROOKLYN CENTER MN 55430 2010 TAXES TAX PENALTY TOTALS 1st Half Tax (Due Date May 17) $6,935.99 2nd Half Tax (Due Date October 15) $6,935.99 • Penalty $0.00 Total Payable $13,871.98 $0.00 $13,871.98 Net Paid - YEAR TO DATE $0.00 $0.00 $0.00 Total Due $13,871.98 $0.00 $13,871.98 Property ID No.: 36- 119- 21 -22- lst Half Tax Due through 05/17/2010 $6,935.99 0039 Note: If you are using this page in 2nd Half Tax Due through 10/15/2010 $6,935.99 lieu of Hennepin County payment stub to remit payment; after printing the page, please check the box in front of the payment amount that you Total Due - 2010 Tax ❑ $13,871.98 are remitting. Property has prior year delinquent taxes. Call (612) 348 -3011 for amount due. 3611921220039 • $ https: / /wwwl6.co.hennepin.nm.us /taxpayments /taxesdue.jsp ?pid= 3611921220039 04/06/2010 Hennepin County Property Information Page 1 of 1 Hen nepin Count, MN mow. , . HENNEPIN COUNTY TREASURER , A600 Government Center Minneapolis MN 55487- 0060 Property Tax Information The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) Property ID No.: 36- 119 -21 -22 -0044 NON - HOMESTEAD Property Address: 1401 67TH AVE N BROOKLYN CENTER Owner Name: SIERRA - STERLING INVST LLC Taxpayer Name and Address: SIERRA - STERLING INVST LLC 6700 HUMBOLDT AVE N #104 BROOKLYN CENTER MN 55430 2010 TAXES TAX PENALTY TOTALS 1 st Half Tax (Due Date May 17) $6,935.99 2nd Half Tax (Due Date October 15) $6,935.99 Penalty $0.00 �� • Total Payable $13,871.98 $0.00 $13,871.98 Net Paid - YEAR TO DATE $0.00 $0.00 $0.00 Total Due $13,871.98 $0.00 $13,871.98 Property ID No.: 36- 119- 21 -22- 1st Half Tax Due through 05/17/2010 $6,935.99 0044 Note: If you are using this page in 2nd Half Tax Due through 10/15/2010 F $6,935.99 lieu of Hennepin County payment stub to remit payment; after printing the page, please check the box in front of the payment amount that you Total Due - 2010 Tax. $13,871.98 are remitting. �. Property has prior year delinquent taxes. Call (612) 348 - 3011 for amount due. oil ul 3611921220044 • q https: / /wwwl6.co. hennepin. mn. us /taxpayments /taxesdue.jsp ?pid= 3611921220044 04/06/2010 Report Na *wners C 1 of Br� n Center Printe60 1/20 10 J y Page: 1 Owners Report 36- 119 -21 -22 -0038 - 6700 Humboldt Ave N ��.. Owner Na me ( Address Owner Taxpayer Resi ent h Date Current Owner(s) Sierra Properties Inc Y Y N 11/26/2002 1818 Bryant Ave N #3 Minneapolis MN 5 Previous Owner(s) Lake Energy Investments In Y Y N 06/05/2000 No Address on File The Johnson Mgmtcompany Y Y N 11/07/1997 No Address on File Pow -Bel Ltd Y Y N 05/17/1993 No Address on File Mary K Harrington Y Y N 01/01/1800 No Address on File I � Created Date/Time: 04106/2010 05:15:21 PM • Customer Number: 00033430 Account Number: 0059890009 Service Address: 1400 67TH AVE N Mailing Address: JOHN RODER 1818 BRYANT AVE N #3 MINNEAPOLIS MN 55411 -3272 Customer /Account Transaction History Trans Date Transaction Amount Balance 04/06/2010 0:00 Transfer Balance ($33.57) $915.65 04/06/2010 0 :00 Reconcile Balance To Street $33.57 $949.22 03/31/2010 0:00 Cycle Billing Due: 04/28/2010 $995.30 $915.65 03/22/2010 0:00 Payment - Check ($109.65) ($79.65) 03/08/2010 0:00 Payment - Check ($2,058.13) $30.00 02/05/2010 0:00 Certification Admin Fee $30.00 $2,088.13 02/03/2010 0:00 Penalties - Water $67.57 $2,058.13 02/03/2010 0:00 Penalties - Street Light $7.62 $1,990.56 02/03/2010 0:00 Penalties - Sewer $90.46 $1,982.94 02/03/2010 0:00 Penalties - Storm Drainage $21.45 $1,892.48 • 01/12/2010 0:00 Certification - Street Light $49.24 $1,871.03 01/12/2010 0:00 Certification - Street Light ($49.24) $1,821.79 01/12/2010 0:00 Certification - Sewer $584.37 $1,871.03 01/12/2010 0:00 Certification - Sewer ($584.37) $1,286.66 01/12/2010 0:00 Certification - Storm Drainage $138.61 $1,871.03 01/12/2010 0:00 Certification - Storm Drainage ($138.61) $1,732.42 01/12/2010 0:00 Certification - Water $192.98 $1,871.03 01/12/2010 0:00 Certification - Water ($192.98) $1,678.05 12/30/2009 0:00 Cycle Billing Due: 01/27/2010 $905.83 $1,871.03 11/04/2009 0:00 Penalties -Water $17.54 $965.20 11/04/2009 0:00 Penalties - Street Light $4.48 $947.66 11/04/2009 0:00 Penalties - Sewer $53.13 $943.18 11/04/2009 0:00 Penalties - Storm Drainage $12.60 $890.05 09/30/2009 0:00 Cycle Billing Due: 10/28/2009 $877.45 $877.45 07/23/2009 0:00 Payment -Check ($856.81) $0.00 07/01/2009 0:00 Cycle Billing Due: 07/29/2009 $856.81 $856.81 04/30/2009 0:00 Payment - Check ($913.57) $0.00 04/10/2009 0:00 Manual Billing Due: 04/29/2009 $913.57 $913.57 04/10/2009 0:00 Bill Cancellation ($863.26) $0.00 04/01/2009 0:00 Cycle Billing Due: 04/29/2009 $863.26 $863.26 01/23/2009 0:00 Payment - Check ($1,048.85) $0.00 12/31/2008 0:00 Cycle Billing Due: 01/28/2009 $1,048.85 $1,048.85 11/26/2008 0:00 Payment -Check ($122.64) $0.00 11/12/2008 0:00 Payment - Check ($1,226.35) $122.64 11/06/2008 0:00 Penalties -Water $53.50 $1,348.99 • 11/06/2008 0:00 Penalties -Street Light $4.38 $1,295.49 11/06/2008 0:00 Penalties -Sewer $52.51 $1,291.11 11/06/2008 0:00 Penalties - Storm Drainage $12.25 $1,238.60 10/01/2008 0:00 Cycle Billing Due: 10/30/2008 $1,226.35 $1,226.35 07/18/2008 0:00 Payment - Check ($1,222.60) $0.00 07/02/2008 0:00 Cycle Billing Due: 07/30/2008 $1,222.60 $1,222.60 04/28/2008 0:00 Payment - Check ($1,846.21) $0.00 04/02/2008 0:00 Cycle Billing Due: 04/30/2008 $872.60 $1,846.21 02/06/2008 0:00 Penalties - Water $19.38 $973.61 02/06/2008 0:00 Penalties - Street Light $4.38 $954.23 02/06/2008 0:00 Penalties - Sewer $52.51 $949.85 02/06/2008 0:00 Penalties - Storm Drainage $12.24 $897.34 01/03/2008 0:00 Cycle Billing Due: 01/30/2008 $885.10 $885.10 10/18/2007 0:00 Payment - Check ($906.16) $0.00 10/02/2007 0:00 Converted Billing Code $906.16 $906.16 07/25/2007 0:00 Converted Payment Code ($828.81) $0.00 07/04/2007 0:00 Converted Billing Code $828.81 $828.81 05/02/2007 0:00 Converted Payment Code ($931.15) $0.00 04/04/2007 0:00 Converted Billing Code $931.15 $931.15 01/30/2007 0:00 Converted Payment Code ($806.20) $0.00 01/03/2007 0:00 Converted Billing Code $806.20 $806.20 10/31/2006 0:00 Converted Payment Code ($811.12) $0.00 10/04/2006 0:00 Converted Billing Code $811.12 $811.12 08/07/2006 0:00 Converted Payment Code ($814.45) $0.00 07/05/2006 0:00 Converted Billing Code $814.45 $814.45 05/04/2006 0:00 Converted Payment Code ($756.73) $0.00 • 04/05/2006 0:00 Converted Billing Code $756.73 $756.73 02/01/2006 0:00 Converted Payment Code ($787.81) $0.00 01/04/2006 0:00 Converted Billing Code $787.81 $787.81 12/14/2005 0:00 Converted Payment Code ($78.90) $0.00 11/10/2005 0:00 Converted Payment Code ($788.96) $78.90 10/05/2005 0:00 Converted Billing Code $78.90 $867.86 10/05/2005 0:00 Converted Billing Code $788.96 $788:96 07/21/2005 0:00 Converted Payment Code ($845.67) $0.00 07/06/2005 0:00 Converted Billing Code $845.67 $845.67 04/25/2005 0:00 Converted Payment Code ($859.58) $0.00 04/06/2005 0:00 Converted Billing Code $859.58 $859.58 01/25/2005 0:00 Converted Payment Code ($847.81) $0.00 01/0512005 0:00 Converted Billing Code $847.81 $847.81 10/18/2004 0:00 Converted Payment Code ($834.20) $0.00 10/06/2004 0:00 Converted Billing Code $834.20 $834.20 07/19/2004 0:00 Converted Payment Code ($762.57) $0.00 07/07/2004 0:00 Converted Billing Code $762.57 $762.57 04/22/2004 0:00 Converted Payment Code ($820.70) $0.00 04/07/2004 0:00 Converted Billing Code $820.70 $820.70 01/20/2004 0:00 Converted Payment Code ($784.37) $0.00 01/07/2004 0:00 Converted Billing Code $784.37 $784.37 Created Date/Time: 04/06/2010 05:16:11 PM Customer Number: 00033430 • Account Number: 0059860002 Service Address: 1401 67TH AVE N Mailing Address: JOHN RODER 1818 BRYANT AVE N #3 MINNEAPOLIS MN 55411 -3272 Customer /Account Transaction History Trans Date Transaction Amount Balance 03/31/2010 0:00 Cycle Billing Due: 04/2812010 $1,087.76 $1,117.76 03/08/2010 0:00 Payment - Check ($2,397.13) $30.00 02/05/2010 0:00 Certification Admin Fee $30.00 $2,427.13 02/03/2010 0:00 Penalties - Water $109.19 $2,397.13 02/03/2010 0:00 Penalties - Street Light $6.93 $2,287.94 02/03/2010 0:00 Penalties -Sewer $82.28 $2,281.01 02/03/2010 0:00 Penalties- Storm Drainage $19.52 $2,198.73 01/12/2010 0:00 Certification - Street Light $49.24 $2,179.21 01/12/2010 0:00 Certification - Street Light ($49.24) $2,129.97 01/12/2010 0:00 Certification -Sewer $584.37 $2,179.21 01/12/2010 0:00 Certification - Sewer ($584.37) $1,594.84 01/12/2010 0:00 Certification - Storm Drainage $138.60 $2,179.21 01/12/2010 0:00 Certification - Storm Drainage ($138.60) $2,040.61 01/12/2010 0:00 Certification -Water $333.47 $2,179.21 01/12/2010 0:00 Certification - Water ($333.47) $1,845.74 12/30/2009 0:00 Cycle Billing Due: 01/27/2010 $1,073.53 $2,179.21 11/04/2009 0:00 Penalties - Water $30.32 $1,105.68 11/04/2009 0:00 Penalties - Street Light $4.48 $1,075.36 11/04/2009 0:00 Penalties - Sewer $53.13 $1,070.88 11/04/2009 0:00 Penalties - Storm Drainage $12.59 $1,017.75 09/30/2009 0:00 Cycle Billing Due: 10/28/2009 $1,005.16 $1,005.16 07/23/2009 0:00 Payment - Check ($1,005.16) $0.00 07/01/2009 0:00 Cycle Billing Due: 07/29/2009 $1,005.16 $1,005.16 04/30/2009 0:00 Payment - Check ($1,065.79) $0.00 04/10/2009 0:00 Manual Billing Due: 04/29/2009 $1,065.79 $1,065.79 04/10/2009 0:00 Bill Cancellation ($949.69) $0.00 04/01/2009 0:00 Cycle Billing Due: 04/29/2009 $949.69 $949.69 01/23/2009 0:00 Payment -Check ($1,020.10) $0.00 12/31/2008 0:00 Cycle Billing Due: 01/28/2009 $1,020.10 $1,020.10 11/26/2008 0:00 Payment -Check ($1,043.74) $0.00 11/06/2008 0:00 Penalties -Water $25.75 $1,043.74 11/06/2008 0:00 Penalties - Street Light $4.38 $1,017.99 11/06/2008 0:00 Penalties - Sewer $52.51 $1,013.61 11/06/2008 0:00 Penalties - Storm Drainage $12.25 $961.10 10/01/2008 0:00 Cycle Billing Due: 10/30/2008 $948.85 $948.85 07/18/2008 0:00 Payment - Check ($1,083.85) $0.00 • 07/02/2008 0:00 Cycle Billing Due: 07/30/2008 $1,083.85 $1,083.85 04/28/2008 0:00 Payment - Check ($2,055.34) $0.00 04/02/2008 0:00 Cycle Billing Due: 04/30/2008 $1,022.60 $2,055.34 02/06/2008 0:00 Penalties - Water $24.75 $1,032.74 02/06/2008 0:00 Penalties - Street Light $4.38 $1,007.99 02/06/2008 0:00 Penalties - Sewer $52.51 $1,003.61 02/06/2008 0:00 Penalties - Storm Drainage $12.25 $951.10 01/03/2008 0:00 Cycle Billing Due: 01/30/2008 $938.85 $938.85 10/18/2007 0:00 Payment - Check ($947.81) $0.00 10/02/2007 0:00 Converted Billing Code $947.81 $947.81 07/25/2007 0:00 Converted Payment Code ($958.52) $0.00 07/04/2007 0:00 Converted Billing Code $958.52 $958.52 05/02/2007 0:00 Converted Payment Code ($885.93) $0.00 04/04/2007 0:00 Converted Billing Code $885.93 $885.93 01/30/2007 0:00 Converted Payment Code ($993.03) $0.00 01/03/2007 0:00 Converted Billing Code $993.03 $993.03 10/31/2006 0:00 Converted Payment Code ($874.39) $0.00 10/04/2006 0:00 Converted Billing Code $874.39 $874.39 08/07/2006 0:00 Converted Payment Code ($934.33) $0.00 07/05/2006 0:00 Converted Billing Code $934.33 $934.33 05/04/2006 0:00 Converted Payment Code ($812.23) $0.00 04/05/2006 0:00 Converted Billing Code $812.23 $812.23 02/01/2006 0:00 Converted Payment Code ($928.78) $0.00 01/04/2006 0:00 Converted Billing Code $928.78 $928.78 12/14/2005 0:00 Converted Payment Code ($90.13) $0.00 11/10/2005 0:00 Converted Payment Code ($901.31) $90.13 10/05/2005 0:00 Converted Billing Code $90.13 $991.44 10/05/2005 0:00 Converted Billing Code $901.31 $901.31 07/21/2005 0:00 Converted Payment Code ($839.25) $0.00 07/06/2005 0:00 Converted Billing Code $839.25 $839.25 04/25/2005 0:00 Converted Payment Code ($908.80) $0.00 04/06/2005 0:00 Converted Billing Code $908.80 $908.80 01/25/2005 0:00 Converted Payment Code ($875.63) $0.00 01/05/2005 0:00 Converted Billing Code $875.63 $875.63 10/18/2004 0:00 Converted Payment Code ($887.13) $0.00 10/06/2004 0:00 Converted Billing Code $887.13 $887.13 07/19/2004 0:00 Converted Payment Code ($823.82) $0.00 07/07/2004 0:00 Converted Billing Code $823.82 $823.82 04/22/2004 0:00 Converted Payment Code ($901.67) $0.00 04/07/2004 0:00 Converted Billing Code $901.67 $901.67 01/20/2004 0:00 Converted Payment Code ($788.52) $0.00 01/07/2004 0:00 Converted Billing Code $788.52 $788.52 i Created Date/Time: 04/06/2010 05:16:57 PM Customer Number: 00033430 • Account Number: 0059870001 Service Address: 6640 HUMBOLDT AVE N Mailing Address: JOHN RODER 1818 BRYANT AVE N #3 MINNEAPOLIS MN 55411 -3272 I Customer /Account Transaction History Trans Date Transaction Amount Balance 03/31/2010 0:00 Cycle Billing Due: 04/28/2010 $1,210.95 $1,240.95 03/08/2010 0:00 Payment - Check ($2,704.63) $30.00 02/05/2010 0:00 Certification Admin Fee $30.00 $2,734.63 02/03/2010 0:00 Penalties - Water $99.79 $2,704.63 02/03/2010 0:00 Penalties - Street Light $9.25 $2,604.84 02/03/2010 0:00 Penalties - Sewer $109.81 $2,595.59 02/03/2010 0:00 Penalties - Storm Drainage $27.03 $2,485.78 01/12/2010 0:00 Certification - Storm Drainage $179.81 $2,458.75 01/12/2010 0:00 Certification - Storm Drainage ($179.81) $2,278.94 01/12/2010 0:00 Certification - Water $309.34 $2,458.75 • 01/12/2010 0:00 Certification - Water ($309.34) $2,149.41 01/12/2010 0:00 Certification - Street Light $61.55 $2,458.75 01/12/2010 0:00 Certification - Street Light ($61.55) $2,397.20 01/12/2010 0:00 Certification - Sewer $730.46 $2,458.75 01/12/2010 0:00 Certification - Sewer ($730.46) $1,728.29 12/30/2009 0:00 Cycle Billing Due: 01/27/2010 $1,177.59 $2,458.75 11/04/2009 0:00 Penalties - Water $28.12 $1,281.16 11/04/2009 0:00 Penalties - Street Light $5.60 $1,253.04 11/04/2009 0:00 Penalties -Sewer $66.41 $1,247.44 11/04/2009 0:00 Penalties - Storm Drainage $16.34 $1,181.03 09/30/2009 0:00 Cycle Billing Due: 10/28/2009 $1,164.69 $1,164.69 07/23/2009 0:00 Payment - Check ($1,169.85) $0.00 07/01/2009 0:00 Cycle Billing Due: 07/29/2009 $1,169.85 $1,169.85 04/30/2009 0:00 Payment - Check ($1,229.19) $0.00 04/10/2009 0:00 Manual Billing Due: 04/29/2009 $1,229.19 $1,229.19 04/10/2009 0:00 Bill Cancellation ($1,129.86) $0.00 04/01/2009 0:00 Cycle Billing Due: 04/29/2009 $1,129.86 $1,129.86 01/23/2009 0:00 Payment -Check ($1,192.48) $0.00 12/31/2008 0:00 Cycle Billing Due: 01/28/2009 $1,192.48 $1,192.48 11/26/2008 0:00 Payment - Check ($126.87) $0.00 11/12/2008 0:00 Payment - Check ($1,268.73) $126.87 11/06/2008 0:00 Penalties - Water $39.87 $1,395.60 11/06/2008 0:00 Penalties - Street Light $5.47 $1,355.73 11/06/2008 0:00 Penalties - Sewer $65.64 $1,350.26 11/06/2008 0:00 Penalties - Storm Drainage $15.89 $1,284.62 10/01/2008 0:00 Cycle Billing Due: 10/30/2008 $1,268.73 $1,268.73 Y 9 • 07/18/2008 0:00 Payment - Check ($1,186.23) $0.00 07/02/2008 0:00 Cycle Billing Due: 07/30/2008 $1,186.23 $1,186.23 04/28/2008 0:00 Payment - Check ($2,672.46) $0.00 04/02/2008 0:00 Cycle Billing Due: 04/30/2008 $1,201.23 $2,672.46 02/06/2008 0:00 Penalties - Water $46.75 $1,471.23 02/06/2008 0:00 Penalties - Street Light $5.48 $1,424.48 02/06/2008 0:00 Penalties - Sewer $65.64 $1,419.00 02/06/2008 0:00 Penalties - Storm Drainage $15.88 $1,353.36 01/03/2008 0:00 Cycle Billing Due: 01/30/2008 $1,337.48 $1,337.48 10/18/2007 0:00 Payment - Check ($1,129.77) $0.00 10/02/2007 0:00 Converted Billing Code $1,129.77 $1,129.77 07/25/2007 0:00 Converted Payment Code ($1,163.09) $0.00 07/04/2007 0:00 Converted Billing Code $1,163.09 $1,163.09 05/02/2007 0:00 Converted Payment Code ($1,065.51) $0.00 04/04/2007 0:00 Converted Billing Code $1,065.51 $1,065.51 01/30/2007 0:00 Converted Payment Code ($1,089.31) $0.00 01/03/2007 0:00 Converted Billing Code $1,089.31 $1,089.31 10/31/2006 0:00 Converted Payment Code ($1,032.47) $0.00 10/04/2006 0:00 Converted Billing Code $1,032.47 $1,032.47 08/07/2006 0:00 Converted Payment Code ($1,134.59) $0.00 07/05/2006 0:00 Converted Billing Code $1,134.59 $1,134.59 05/04/2006 0:00 Converted Payment Code ($1,062.44) $0.00 04/05/2006 0:00 Converted Billing Code $1,062.44 $1,062.44 02/01/2006 0:00 Converted Payment Code ($1,113.50) $0.00 01/04/2006 0:00 Converted Billing Code $1,113.50 $1,113.50 • 12/14/2005 0:00 Converted Payment Code ($106.74) $0.00 11/10/2005 0:00 Converted Payment Code ($1,067.41) $106.74 10/05/2005 0:00 Converted Billing Code $106.74 $1,174.15 10/05/2005 0:00 Converted Billing Code $1,067.41 $1,067.41 07/21/2005 0:00 Converted Payment Code ($1,058.85) $0.00 07/06/2005 0:00 Converted Billing Code $1,058.85 $1,058.85 04/25/2005 0:00 Converted Payment Code ($1,108.07) $0.00 04/06/2005 0:00 Converted Billing Code $1,108.07 $1,108.07 01/25/2005 0:00 Converted Payment Code ($1,060.99) $0.00 01/05/2005 0:00 Converted Billing Code $1,060.99 $1,060.99 10/18/2004 0:00 Converted Payment Code ($1,061.99) $0.00 10/06/2004 0:00 Converted Billing Code $1,061.99 $1,061.99 07/19/2004 0:00 Converted Payment Code ($1,016.32) $0.00 07/07/2004 0:00 Converted Billing Code $1,016.32 $1,016.32 04/22/2004 0:00 Converted Payment Code ($1,090.02) $0.00 04/07/2004 0:00 Converted Billing Code $1,090.02 $1,090.02 01/20/2004 0:00 Converted Payment Code ($1,002.82) $0.00 01/07/2004 0:00 Converted Billing Code $1,002.82 $1,002.82 • Created Date/Time: 04/06/2010 05:17:37 PM Customer Number: 00033430 Account Number: 0059880000 • Service Address: 6700 HUMBOLDT AVE N Mailing Address: JOHN RODER 1818 BRYANT AVE N #3 MINNEAPOLIS MN 55411 -3272 Customer /Account Transaction History Trans Date Transaction Amount Balance 03/31/2010 0:00 Cycle Billing Due: 04/28/2010 $1,264.93 $1,294.93 03/08/2010 0:00 Payment -Check ($2,791.84) $30.00 02/05/2010 0:00 Certification Admin Fee $30.00 $2,821.84 02/03/2010 0:00 Penalties -Water $110.19 $2,791.84 02/03/2010 0:00 Penalties - Street Light $9.08 $2,681.65 02/03/2010 0:00 Penalties - Sewer $107.74 $2,672.57 02/03/2010 0:00 Penalties- Storm Drainage $26.79 $2,564.83 01/12/2010 0:00 Certification - Street Light $61.54 $2,538.04 01/12/2010 0:00 Certification - Street Light ($61.54) $2,476.50 01/12/2010 0:00 Certification - Sewer $730.45 $2,538.04 • 01/12/2010 0:00 Certification - Sewer ($730.45) $1,807.59 01/12/2010 0:00 Certification - Storm Drainage $181.70 $2,538.04 01/12/2010 0:00 Certification - Storm Drainage ($181.70) $2,356.34 01/12/2010 0:00 Certification -Water $347.65 $2,538.04 01 /12/2010 0:00 Certification - Water ($347.65) $2,190.39 12/30/2009 0:00 Cycle Billing Due: 01/27/2010 $1,216.70 $2,538.04 11/04/2009 0:00 Penalties - Water $31.60 $1,321.34 11/04/2009 0:00 Penalties - Street Light $5.59 $1,289.74 11/04/2009 0:00 Penalties -Sewer $66.40 $1,284.15 11/04/2009 0:00 Penalties - Storm Drainage $16.53 $1,217.75 09/30/2009 0:00 Cycle Billing Due: 10/28/2009 $1,201.22 $1,201.22 07/23/2009 0:00 Payment - Check ($1,192.19) $0.00 07/01/2009 0:00 Cycle Billing Due: 07/29/2009 $1,192.19 $1,192.19 04/30/2009 0:00 Payment - Check ($1,268.30) $0.00 04/10/2009 0:00 Manual Billing Due: 04/29/2009 $1,268.30 $1,268.30 04/10/2009 0:00 Bill Cancellation ($1,181.87) $0.00 04/01/2009 0:00 Cycle Billing Due: 04/29/2009 $1,181.87 $1,181.87 01/23/2009 0:00 Payment -Check ($1,354.14) $0.00 12/31/2008 0:00 Cycle Billing Due: 01/28/2009 $1,354.14 $1,354.14 11/26/2008 0:00 Payment -Check ($126.29) $0.00 11/12/20080:00 Payment -Check ($1,262.89) $126.29 11/06/2008 0:00 Penalties -Water $39.13 $1,389.18 11/06/2008 0:00 Penalties - Street Light $5.48 $1,350.05 11/06/2008 0:00 Penalties -Sewer $65.64 $1,344.57 11/06/2008 0:00 Penalties - Storm Drainage $16.04 $1,278.93 • 10/01/2008 0:00 Cycle Billing Due: 10/30/2008 $1,262.89 $1,262.89 . 07/18/2008 0:00 Payment - Check ($1,329.14) $0.00 07/02/2008 0:00 Cycle Billing Due: 07/30/2008 $1,329.14 $1,329.14 04/28/2008 0:00 Payment - Check ($2,862.94) $0.00 04/02/2008 0:00 Cycle Billing Due: 04/30/2008 $1,285.39 $2,862.94 02/06/2008 0:00 Penalties - Water $56.25 $1,577.55 02/06/2008 0:00 Penalties - Street Light $5.47 $1,521.30 02/06/2008 0:00 Penalties - Sewer $65.64 $1,515.83 02/06/2008 0:00 Penalties - Storm Drainage $16.05 $1,450.19 01/03/2008 0:00 Cycle Billing Due: 01/30/2008 $1,434.14 $1,434.14 10/18/2007 0:00 Payment - Check ($1,283.63) $0.00 10/02/2007 0:00 Converted Billing Code $1,283.63 $1,283.63 07/25/2007 0:00 Converted Payment Code ($1,172.96) $0.00 07/04/2007 0:00 Converted Billing Code $1,172.96 $1,172.96 05/02/2007 0:00 Converted Payment Code $1 168.20 $0.00 Y ( ) 04/04/2007 0:00 Converted Billing Code $1,168.20 $1,168.20 01/30/2007 0:00 Converted Payment Code ($1,142.02) $0.00 01/03/2007 0:00 Converted Billing Code $1,142.02 $1,142.02 10/31/2006 0:00 Converted Payment Code ($1,164.88) $0.00 10/04/2006 0:00 Converted Billing Code $1,164.88 $1,164.88 08/07/2006 0:00 Converted Payment Code ($1,249.24) $0.00 07/05/2006 0:00 Converted Billing Code $1,249.24 $1,249.24 05/04/2006 0:00 Converted Payment Code ($1,114.93) $0.00 04/05/2006 0:00 Converted Billing Code $1,114.93 $1,114.93 02101/2006 0:00 Converted Payment Code ($1,152.67) $0.00 01/04/2006 0:00 Converted Billing Code $1,152.67 $1,152.67 • 12/14/2005 0:00 Converted Payment Code ($111.81) $0.00 11/10/2005 0:00 Converted Payment Code ($1,118.06) $111.81 10/05/2005 0:00 Converted Billing Code $111.81 $1,229.87 10/05/2005 0:00 Converted Billing Code $1,118.06 $1,118.06 07/21/2005 0:00 Converted Payment Code ($1,021.76) $0.00 07/06/2005 0:00 Converted Billing Code $1,021.76 $1,021.76 04/25/2005 0:00 Converted Payment Code ($1,196.17) $0.00 04/06/2005 0:00 Converted Billing Code $1,196.17 $1,196.17 01/25/2005 0:00 Converted Payment Code ($1,149.09) $0.00 01/05/2005 0:00 Converted Billing Code $1,149.09 $1,149.09 10/18/2004 0:00 Converted Payment Code ($1,040.58) $0.00 10/06/2004 0:00 Converted Billing Code $1,040.58 $1,040.58 07/19/2004 0:00 Converted Payment Code ($958.58) $0.00 07/07/2004 0:00 Converted Billing Code $958.58 $958.58 04/22/2004 0:00 Converted Payment Code ($1,028.13) $0.00 04/07/2004 0:00 Converted Billing Code $1,028.13 $1,028.13 01/20/2004 0:00 Converted Payment Code ($977.27) $0.00 01/07/2004 0:00 Converted Billing Code $977.27 $977.27 • BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Page 1 of 1 • DA Home UCC Business Services Account Session Briefcase Help /FAQs About Login BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 1383901 -2 Entity Type: Limited Liability Company Original Date of Filing: 6/2/2005 Entity Status: Active Date Expire: Chapter: Entity to ter: 322B tY P P Good Standing: 2009 (date of last annual filing) Name: Rapahar Properties, LLC Registered Office 1818 Bryant Avenue North, #3 Address: Minneapolis, MN, 55411 Home State: MN Agent Name: No Agent Filed Additional Entit Detail f : E7 Return to. Search List New Search Y • DA Home OSSHome Contacts I Privacy Policy Terms & Conditions Use of this site and services indicates your acceptance of the Terms & Conditions of Use. ©Copyright 2001 , Minnesota Office of the Secretary of State. All Rights Reserved. I i • http: / /da. sos. state .mn.us /minnesota/corp_ inquiry- entity. asp ?:nfiling_number =l3 83901 -2... 03/01/2010 BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Page 1 of 1 • � e. 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All Rights Reserved. http: / /da.sos. state. mn. us /minnesotaJcorp_ inquiry- entity .asp ?:nfiling_pumber = 1486315 -3... 03/01/2010 BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Page 1 of 1 , ,NT!e ��r 10 to If farr I Q Or rots DA Home UCC Business Services Account Session Briefcase Help /FAQs About Login BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: IOD -392 Entity Type: Domestic Corporation Original Date of Filing: 5/4/1998 Entity Status: Active Chapter: 302A Good Standing: 2009 date of last annual filing) Duration: Perpetual Name: Sierra Properties, Inc. Registered Office 1818 Bryant Avenue North, #3 Address: Minneapolis, MN, 55411 Agent Name: No Agent Filed Additional Entity Detail Return to Search Last New Search: DA Home OSS Home I Contacts Privacy Policy Terms & Conditions Use of this site and services indicates your acceptance of the Terms & Conditions of Use. ©Copyright 2001 , Minnesota Office of the Secretary of State. All Rights Reserved. http: / /da.sos. state. mn. us /minnesota/corp_ inquiry - entity.asp ?:nfiling_number =l OD- 392 &e... 03/01/2010 BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Page 1 of 1 .r U E TO ri if (:If rK 10-1 ~t it DA Home UCC Business Services Account Session Briefcase Help /FAQs About 1991n BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 9M -775 Entity Type: Domestic Corporation Original Date of Filing: 1/22/1997 Entity Status: Active Chapter: 302A Good Standing: 2009 (date of last annual filing) Duration: Perpetual Name: Sabre Enterprises, Inc. Registered Office 1818 Bryant Avenue North, #3 Address: Minneapolis, MN, 55411 Agent Name: No Agent Filed Additional Entity;Detail Return to Search Last New Searc DA Home I OSS Home I Contacts Privacy Policy Terms & Conditions Use of this site and services indicates your acceptance of the Terms & Conditions of Use. ©Copyright 2001 , Minnesota Office of the Secretary of State. All Rights Reserved. • htt :// da.sos.state.mn.us /minnesota/co in ui enti .as filing_ numb er=9M- 775 &e... 03/01/2010 p iP_ q rY tY ..n P City Council Agenda Item No. lob 1 4/26/2010 Proposed Amendments City Code Section 20 Diseased & Dead Trees 1St Reading April 26, 2010 i Presented by ...: E Vickie sager /Di hleunin Asssstannt Co 114t 1rect5r d in ! Standa corgi on w a pane n /M H of Brooklyn Ce r f CounCj �a Overview • Background • Highlights of Proposed Changes • Council Feedback 4/26/2010 2 1 4/26/2010 Background • Schedule — 1 5 t Reading of the Ordinance- tonight — Make any changes, final attorney approval — Schedule a 2 nd Reading and Public Hearing for May 24, 2010 • Public Works Department, Building & Community Standards Department, and legal counsel review ordinances • Ongoing efforts to update ordinances, processes and procedures- clarity and streamlining processes 4/26/2010 3 Highlights of Proposed Amendments • Clarify regulations to better address uprooted stumps • Reflect actual process for diseased tree abatement with the city council declaration of a public nuisance - timing of procedures • Provide consistency in process for diseased and dead trees, streamlining notice and process requirements — Including a ten day notice requirement for both issues, except in cases of imminent health and life safety hazards. — City staff continue to work with cooperative individuals on reasonable time frames • Delivery of the notice is standardized with other ordinances, prescribing mailing by regular mail instead of certified mail. 4/26/2010 4 2 4/26/2010 • Questions Thank You 4/26/2010 5 3 COUNCIL ITEM MEMORANDUM DATE: April 26, 2010 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building & Community Standards SUBJECT: Resolution Accepting Quotation and Awarding a Contract for 2010 Diseased Tree Removal Recommendation: It is recommended that the City Council consider approval of the Resolution Accepting Quotation and Awarding a Contract for 2010 Diseased Tree Removal to Arbor Tree Design Tree Service, Inc. Background: The City of Brooklyn Center has administered a Diseased Tree Removal program since 1974 and annually establishes a program to expedite the removal of diseased and other nuisance trees as defined in City Ordinance Chapter 20. When a diseased tree is marked on the boulevard, the city shares in half the cost of the removal • provided the removal is conducted under the City's annual Diseased Tree Removal contract. The property owner is invoiced for approximately half the cost of the removal. When a diseased tree is marked on private property, the owner is responsible for the removal and disposal of the tree. City staff informs property owners of the importance of removing diseased trees to minimize the propagation of tree disease to adjacent properties. If a property owner fails to remove a diseased tree, the City acquires a quotation from the contractor for the cost of removal. The quotation is presented to the property owner prior to proceeding with removal of the diseased tree. Unpaid charges for tree removal are levied as a special assessment against the respective parcels of land. Special assessments are levied over a period of five years. The five year payment program assists many property owners with financing tree removal costs. The tree removal quantities listed on the quotation form are based on the number of diseased trees removed by the City's tree removal contractor in 2009. However, City staff continues to monitor the transmission of various tree diseases, including Emerald Ash Borer, throughout Minnesota to determine if additional response measures will be necessary in the future. The City received bids for tree removal based on the average number of trees removed previous years. The City is not obligated to choose the contractor with the lowest bid. However, staff is recommending the Tree Contractor submitting the lowest bid, which is slightly less than the . 2009 Tree Disease Removal Contract amount. The contractor has a satisfactory record with the Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Better Business Bureau and has been used by the City in previous years with positive results. • Budget Issues: The City's share of the cost of removal for diseased trees within the public right -of -way and City property is included in the 2010 Budget under the Public Works Forestry operating budget. Property owners may pay their share of costs to the City directly or the costs are specially assessed to the property in accordance with Minnesota State Law. Council Goals: Strategic: 1. We will ensure a safe and secure community 2. We will respond to increased public awareness and interest in environmental sustainability and green community issues Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust . adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ACCEPTING QUOTATION AND AWARDING A CONTRACT FOR 2010 DISEASED TREE REMOVAL WHEREAS, staff solicited quotations from tree removal contractors and the following three quotations were received and opened on April 14, 2010 for 2010 Diseased Tree Removal Program. Bidder Bid Amount Arbor Design Tree Service Inc. $39,924.00 Pioneer Tree & Landscape $40,810.00 Rainbow Treecare $41,940.00 WHEREAS, it appears that Arbor Design Tree Service, Inc. is the lowest responsible bidder for 2010 Diseased Tree Removal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Manager is hereby authorized to enter into a contract with Arbor • Design Tree Service, Inc. in the name of the City of Brooklyn Center for 2010 Diseased Tree Removal according to the plans and specifications on file in the office of the Director of Building and Community Standards. 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. 1oc COUNCIL ITEM MEMORANDUM DATE: April 20, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk AWN,-KPV* SUBJECT: Amend 2010 City Council Meeting Schedule Recommendation: It is recommended that the City Council consider amending the 2010 City Council meeting schedule to set the date and time of the Continued Board of Appeal & Equalization meeting for Monday, May 3, 2010, at 6 p.m. in the Brooklyn Center City Hall Council Chambers. Background: On Monday, April 19, 2010, the City Council met as the Board of Appeal & Equalization. The Council continued the meeting to Monday, May 3, 2010; however, the meeting date was not on the 2010 City Council meeting schedule. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust City Council Agenda Item No. lOd COUNCIL ITEM MEMORANDUM • DATE: April 26, 2010 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, I sistant City Manager/Director of Building & Community Standards SUBJECT: An ordinance relating to diseased and dead trees; amending various sections of Brooklyn Center City Code Ordinance Recommendation: It is recommended that the City Council consider approving on first reading an ordinance relating to diseased and dead trees; amending various sections of Brooklyn Center City Code, Sections 20 -204, 20 -302 through 20 -304, and scheduling a second reading and Public Hearing for May 24, 2010. Background: As part of ongoing efforts to ensure City ordinances are effective and processes are streamlined where possible, the Public Works and Building & Community Standards Departments are recommending updates to regulations regarding diseased and dead trees. The proposed • amendment to Chapter 20, regulation dead and diseased trees, will provide clearer code language as it pertains to definitions and streamline certain City procedures. Highlights of the proposed changes include: • The code has been clarified to better address issues associated with uprooted stumps. • The ordinance will reflect the actual process for diseased tree abatement with the city council declaration of a public nuisance. • The process for diseased and dead trees will be similar to streamline notice and process requirements, including a minimum ten day notice requirement for both issues, except in cases of imminent health and life safety hazards. Please note that in non - emergency situations, the City often works with cooperative individuals on time frames if reasonable, and some time is often required beyond the ten days to process the abatement if required. • The minimum requirement for approved delivery of the notice is standardized with other ordinances, to prescribe mailing by regular mail instead of certified mail. Budget Issues: There are no budget issues to consider. Council Goals: • Strategic: Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM 1. We will respond to increased public awareness and interest in environmental • sustainability and green community issues Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources I i I • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2009, at 7 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to relating to diseased trees; amending various sections of Brooklyn Center City Code, Sections 20 -204, 20- 302 through 20 -304. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO DISEASED TREES; AMENDING VARIOUS SECTIONS OF BROOKLYN CENTER CITY CODE, SECTIONS 20-204,20-302 THROUGH 2O -304 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS: SECTION 1. The Brooklyn Center City Code, Sections 20 -302 through 20 -304 are amended as follows: Section 20 -204. STUMP REMOVAL. All betdeveFd stumps shall be removed four • inches below the surface of the ground so that the top of the stump shall not project above the surface of the ground. Section 20 -302 NUISANCE PROHIBITED. It shall be unlawful for the owner of any parcel of land in the City of Brooklyn Center to permit or maintain on any such parcel of land or upon abutting street right of way any tree or dead wood that wrist} is a public nuisance as defined i n S ee4 o 20 . It shall be the duty of any such owner to promptly abate the nuisance by removing and destroying such tree or dead wood in a manner authorized by the city manager or liis manager's duly authorized representative. Section 20 -303 INSPECTIONS AUTHORIZED. In order to carry out the purposes of this ordinance and to implement the enforcement thereof, the city manager or his manager's duly authorized representative is hereby authorized and empowered to enter upon any parcel of land in the City of Brooklyn Center at all reasonable hours for the purpose of inspecting any trees or dead wood situated thereon and removing specimens therefrom for laboratory or field analysis. It shall be unlawful for any person to prevent or interfere with the city manager or s the man ager's duly authorized representative in the performance of any duties provided for in this er-dkmae Sections 20 -301 through 20 -306 Section 20 -304 NOTICE TO ABATE NUISANCE. If it is determined that a public nuisance exists on a parcel of land or abutting street right of way, the city manager shall cause to be served upon the owner of the parcel of land a written notice requiring such owner to abate the nuisance. Written notice shall be served by mail, addressed to the owner of the parcel at his owner's last known address. The notice shall state that the owner may anneal the determination • that a nuisance exists to the City Council by serving a written notice of anneal on the City Manager within ten (10) days of the date of the notice to abate the nuisance. The filing of an Meal shall stay proceedings until a decision is made by the City Council. If the owner upon whom such notice is served fails, neglects, or refuses to abate the nuisance within ten 10 2-0 days after mailing such notice, the city manager or his manager's duly authorized representatives shall serve official notice in person or by reaul ar eertifie d-mail, proceed to abate the nuisance five '" days after meeipt e f sueh sue n°*i°° and charge the cost thereof against the owner to be paid by such owner to the City of Brooklyn Center. SECTION 2. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2010. Tim Willson, Mayor ATTEST: • Sharon Knutson, City Clerk Date of Publication: Effective Date: (Str-ikee indicates matter to be deleted, underline indicates new matter.) City Council Agenda Item No. toe / ass s //e i /� / ✓ a' /, ,tea r'f3ti - , fi /,6�rr s a f y Ma Presented by: Vickie Schleuning Assistant City Manager/ Director Building & Community Standards in cooperation with all city departments City of Brooklyn Center City Council Meeting April 26, 2010 ss / �. r ae � y ✓� � �7s /�y�sy� ✓s'; 9 , a � 4 a b 1, 4 a, i '�' � r '. 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An administrative penalty system will provide options to help gain compliance and improve enforcement system efficiencies. The administrative penalty system will be used as a corrective tool in our goal to stabilize and improve residential neighborhoods, as well as help recover some of the costs of enforcement. Background: Several fees and a fine schedule must be adopted as part of the administration of the recently adopted administrative penalty ordinance, Chapter 18 -200. The proposed fees are based on a combination of factors including the city costs associated with the service, the fine amounts associated with the Hennepin County criminal penalties, State mandates, and the influence that • fee levels will have on the overall results of the program and efforts to achieve compliance. Fine amounts The fine amounts recommended have been derived from discussions with the City departments that may be using the administrative penalty system as well as comparing other cities that have used administrative penalties with their experiences. The intent of the fine schedule is to penalize for violations and encourage ongoing compliance. The fine amounts are set up to offset the cost of the program and City costs of enforcement. The following fine amounts are recommended: Level 1 -- $60.00 Level 2 -- $125.00 Level 3 -- $300.00 The following table may be used to determine the appropriate level of a code violation: Violation Type Level Waste container setback violation (Ch 7 -102) 1 Watering restriction violation (Ch 4 -202) 1 Local Traffic and Parking (Ch 27) 1 Parking surface violation (Ch 12 -316) 2 . All others city code violations, designated as a misdemeanor or petty 2 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM misdemeanor Animal (Ch 01) 2 Failure to register a vacant property (Ch 12 -1500) 2 Failure to obtain a P ermit or license 3 Repeat Violation When a person has had previous citation(s) for the same violation within 24 months, the scheduled fine amount shall be doubled each occurrence, up to a maximum fine for each violation of $2,000.00. For example, a first citation of a Level 2 violation is $125.00. A second violation resulting in a citation for the same type of violation would be $250.00. The third would be $500.00, then $1,000.00, then $2,000.00. Continuing Violation A continuing violation can be used to require an alleged violator to attend an administrative hearing to review the violation(s). At the time of the hearing, the hearing officer may adjust and impose a fee for each day the violation continues not to exceed $2 000.00 per violation per day. p Y p p Late Payment Fee A late payment charge of 10% of the fine amount, with a minimum of $15.00, is required if not paid within 10 days from the date of the citation. Hearing Officer • The appeal process for the administrative penalty system m re uires that the hearing officer be a Pp p p tY Y q g o third parry. The hearing officer, which is typically a licensed attorney, will be paid based on the services provided. The recommended payment would be a maximum payment of $150.00 for up to two consecutive hearings. Any additional consecutive hearings would be paid $75.00 each. Hearing_ Request Deposit Fee The hearing request deposit fee will be a refundable deposit that is required in order for a person to request a hearing. The purpose of this charge is to discourage appellants from requesting a hearing and not attending. The recommended hearing request deposit fee is $20.00. Special Assessment Charge The recommended Special Assessment Charge of $30.00 is to be used when a person does not pay the citation and the amounts are certified to the property taxes. This is consistent with certain existing special assessment certification charges. Budget Issues: • Potentially decreased prosecution costs due to decreased use of the criminal court system. • Potentially decreased city costs for cases since the time frames to achieve compliance may be reduced. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • • Additional staff resources needed to administer the program. The Building & Community Standards Department has funded positions that are currently vacant due to budget concerns. Council Goals: Strategic: 3. We will stabilize and improve residential neighborhoods Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Attachments: Resolution Citation Fee Comparison Draft Administrative Penalty Brochure Draft Citation Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A FEE SCHEDULE FOR THE ADMINISTRATIVE PENALTY SYSTEM WHEREAS, the City Council of the City of Brooklyn Center adopted an Administrative Penalty Ordinance, Chapter 18; and WHEREAS, City Code authorizes the use of the administrative penalties for certain code violations; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a fee schedule for the administrative penalty system be adopted as follows: 1. All violations of code that are punishable as a misdemeanor or petty misdemeanor are subject to administrative penalties 2. Administrative Penalty Fee Schedule Level l $60.00 • Level 2 $125.00 Level 3 $300.00 Violation Type Level Waste container setback violation (Ch 7 -102) 1 Watering restriction violation (Ch 4 -202) 1 Local Traffic and Parking (Ch 27) 1 Parking surface violation (Ch 12 -316) 2. All others city code violations, designated as a misdemeanor or petty misdemeanor 2 Animal (Ch 01) 2 Failure to register a vacant property (Ch 12 -1500) 2 Failure to obtain a permit or license 3 3. When a person has had previous citation(s) for the same violation within 24 months, the scheduled fine amount shall be doubled for each occurrence. 4. In cases involving continuing violations, the hearing officer may adjust and impose a fee for each day the violation continues, not to exceed $2,000.00 per violation per day. 5. The maximum fine amount per violation per day may not exceed $2,000.00. • • 6. A late payment charge of 10% of the fine amount, with a minimum of $15.00, is required if not paid within 10 days from the date of the citation. 7. Fees to be paid to a hearing officer: The fee will be $150.00 as a maximum charge for up to two consecutive hearings. Any additional consecutive hearings would be $75.00 each. 8. Hearing Request Deposit fee: $20.00 9. A special assessment charge of $30.00 will be added for unpaid fine amounts that are specially assessed. BE IT FURTHER RESOLVED BY THE City Council of the City of Brooklyn Center that this resolution shall be effective April 26, 2010. Tim Willson Date Mayor • ATTEST: _Sharon Knutson 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. • COUNCIL ITEM MEMORANDUM Attachment H: Citation Fee Comparison • Hennepin Brooklyn Coon Hermosa Westminster, County Park Bloomin on Minnetonka Ra ids Beach, CA CO Citations High: $178 $55, 1st -$150, Low: $32 $200, or Ranges from Ranges from 2nd -$500, Average: Fine Amounts $500 $100 -$1000 $50 -$300 $300 $100 3rd -$999 $114 • • • II If the payment arrives more than 30 days attar your • Suspend, revoke, or deny a city- issued Program Administrator to change the One of the Citys goals Is to maintain high citation was issued, a later payment fee will be license or permit that is associated with the assigned Hearing Officer within five days standards of livability, health, and safety for the charged, violation. before the hearing. neighborhoods. . The City's Administmtiva Penalty Program Is designed to resolve city coda NOTE: BY PAYING THE FINE, YOU ARE ADNUTTING Start i criminal proceeding in District Court charging you with the original violation plus Hearing Procedure: A violations outside the Hennepin County court THAT yo VIOLATED THE CITY ORDINANCE. a violation for failing to pay. The hearing will be Informal, without strict system. The charge Is a civil penalty and not a rules of evidence, and will be recorded. The criminal charge. This brochure summarizes the a Issue additional fines, a formal complaint, or Hearing Officer will decide whether you may administrative penalty program and process. If the citation states that this is a "continuing other legal actions if the violation Is not make anopeningand /or closing statement. Codes can be referenced through the City violation" a mandatory appearance before a corrected. The City beam the burden of proving a website at www.cHvoNxookivncenterora. If you Hearing Officer Is required. You must request a • Abate the violation in accordance with violation occurred. You Mw the right to cross have questions, please call 569-3300 hearing and appear before a Hearing Officer. A - examine the C s witnesses. After the C O Hearin Officer may impose a fine for each day that app / able rules and regula r re re The violator i1 MY Hearing y and /or property owner are responsible for has finished its raise, you may present Q the violation has occurred and continues. witnesses, but you are not obligated to After Receiving the Citation all associated costs, Present any evidence. If you wish to testify, w If you receive a citation, you may correct the you may do so after being sworn to tell the violation and pay the fine; or If you went to Fine Schedule truth. All witnesses must be swam. Requesting a Hearing L request a hearing, you must respond within 10 The fine amount to based on the city code days from the citation date. The purpose of a eectton that is violated. If you would Iike to appeal the fine the request hearing is to determine whether or not a must be submitted in writing within 10 days •r violation(s) of City Coda existed. Codes cannot Level 1 — ;00.00 from the date the fine was Issued, Including ■ Ctt be changtd through the Administrative Penalty Level 2 — $125.00 $20 Hearing request deposit fee. Please fill out Decision: w 0 Hearing ororass. If you feel you received the the Hearing request form and submit It to the The Hearing citation in error or need information about how Level 3 — $300.00 city, Officer may decide the con Immediately F ine( 964 4 to correct the violation, please contact the city Repeat violations within 24 months may Only the person receiving the citation may after testimony has finished. However, the employee who Issued the citation. result In the fine amount being double Hearing Officer may take up to 7 days to PbV 9 each occurrence up to $2,000.00 per appeal the citation. males a decision. A copy of all decisions will a Paying the Fine violations per day. The Program Administrator will send you be mailed orserved to you personallys it confirmation of the date, time, and location for W TheflneafortheAdmlabtratlwPsnaltySystem your hearing and the name of the Hearing v aredetwminedbya Council Resolution. The Officer If the Hearing Officer decides that you �J fine may be paid by cash, dredk,ormoney Failure to Pay violated the City ordinance, the Hearing F-1 •� order. You mayeHher pay In person at City If you do not pay the fine, the city may do one or officer has the authority to: ! 'b Hall or mail one copy of the citation with your more of the following: Before the Hearing ♦ Order the violation be corrected, and O � check or money order to: • Add a late fax if not paid within 10 days impose the fine established in the iz City of Brooklyn Center Contacting the Hearing Officer: approved schedule, or U ` • Add the fine to your property taxes with You may NOT contact the Hearing Officer before v b Administrative Penalty Program special assessment charges. the hearingto discuss your case. a Reduce the established fine amount, or A 6301 Shingle Creek ♦ Decide that no fine Is appropriate Brooklyn Center, MN 55430.2199 Obtain n judgment against you sad begin If you have an o to the assigned beasum of the circumstance& i.y collodion procedures. If you have an objection to the assigned Hearing Officer, you mayfile a written request with the w NOTE: DO NOT SEND CASH V G� In deciding which action to take, the Hearing After the Nearing officer moyconsiderenyarallofthefollowing Administrative CitatlonA ppee irorm City of Brooklyn Center factors: An aggrieved party may obtain judicial review of the decision of the hearing officer by Date: I petitioning the Minnesota Court of Appeals for ♦ How long the violation lasted a writ of certiorari pursuant to Minnesota Fine amount: Program Requllenlenfs t How often It occurred Statute Section 606.1, This must be completed How serious R was within 60 days from the date of the Reason the Violation did not eldst: administrative hearing. * What the history wm A ♦ What your conduct was after the citation For more Including regarding a process, Administrative was issued Review, Including farms or appeal process, Please visit: Whether you made any good faith effort Penalty to comply with the ordinance httvj1%vvnv.mncourts.irov/ ♦ What kind of impact the violation had on Clerk of Appellate Courts Program the community Phone: 651 -296 -2581 O ♦ Any other factors which are appropriate. Failure to Appear: W If you fail to appear for the hearing, you are Signature: G� admittingthe charges against you. The Hearing Officer may impose a penalty in your absence. Printed Name: If a City representative fall m appear, the This is a summary of the Administrative Penalty Mergewillbedismissed. System. Other regulations and requirements Telep hone: may apply. Phase visit the City Website at W www.cityafbrooklyncenter.org or call 763 -569- Email:, If you have a good reason for missing the 3300. hearing, contact the Program Administrator Form 0410 Names of Mar Attendees: , �( within one day after the scheduled hearing �t Submit your reasons in writing. The Program Administrator will ask the Hearing Officer m Dates and Times Available: �( decide whether you had a good reason for your absence. Examples of good reasons are a City ofBrookllyrt Center City ofBreeltlyn Center =oath, illness which incapacitates you, a court 630 1 Shingle Creek Plc,.vy 6301 Shingle Crook Pkwy order requiring you to appear for another Broolclyn Center, MN 554aD Brooklyn Center, MM 86430 M—� hearing at the same time, and lack of proper Phono: 783 -M -3330 O service of the citation or notice of the hearing Phone 763-569-333 TPY/Voiao 711 Absences due to forgetfulness or Intentional Fax 763.869 -3484 delay are not good cause. HearingRequestDeposRfee $10:(Circleone) www.cityolbracklyncenter.org v wAw cityofbroaklyncenter.org Ch Cash COUNCIL ITEM MEMORANDUM Attachment IV: Draft Administrative Citation • Citation No: CITY OF BROOKLYN, CENTER Qatelssued: ADMINISTRJkTIVE CITATION Request Me: This citation charnes you with one or more violations of Brooklyn Center City Code- Name and Mailinas Dress of Alwedt ViDWor (Owner or Tenant) Name Address Cty State Zip Addreab oatlon at Vtolatlon Addre NA11PZ OF OFFESISFE a rc T tom. is) 3. 4. [] tepem maim wieltn 24 nurtCts OCwwa&rg tilotaaort 9,Aji is m prowty a male & TIme CC, l lXkzD9M 10 100 A:t OaaacflutM of Vlatatlun Orders To Awyid Additbnal Crtatiuna correct BV: Insert Notee GENERAL INFORMATION The Ad. SraWe 53WOENWd ?rogram Is wised by Chepw la-2m at ve woovyn Cdr Ctty Coda. Tints is a W19V and rtol a rstminei chwge. Trte arras are set try Cary Coma reu V". WhM iCKJ MM art aKIITMtra P- aalaaan, )w had- two oplan- You ffml 61w (1) caTect Ire vlaMw and pay the arts t%lW W1 o) days or ire dm of the ci afar or R request an aJT,etFar&Ve_ "Brag t tlrYri len (10) days of re dap- or th? axtaaan. Fartu e Z pay Ise 1kw or reg" a MW),Ig WWII aV ff-I Mks d Vle uAWxr dire or M/hre Z a a requeWed ltea fig cros" a wa ker d y«r r/OZ ald is all atrrlls W af ate vlo FINEPAY9MENT INFORMATION The IrF? rray be pald will Cash (MUSS be pNd In person Itrr cal), chxK, cr rnor!ey arder. Fgrmetit rrfzW be rr ^PM ?mot fl, 1 .1 +aye or re of ? cfbr9m A tale- pay mer it Tea may be axtarge l ay Iris City'. A t2lavK (r Taney order wAw w maae payaze Io tie City of 5roo4yn Cow 'klr trta cwW anaourn. You may a2w pax in WAgj, rr a GWyr of M adlaaW Wtd1 iw X, (t rnonxy MW 1e-: City of amok" Center. CNN Stti Creels Pkwy, Brooklyn canter. MN. WOD -2139. 140E DO 140T 1,x ML CASH NOTE- 9Y PAWNG THE r1Nc, YOU ARE ADMMITTlNG THAT YOJ' VKY -ATnl THE CITY ORMISIANCE. NEARING REQUEST INFORMATION if )m here to yar aid nal vlaltale she City Code. pu may requesl a hMng DMe a c>{ace �Am Is €tdl a City ogee. To request a m3a ug you #r l maue yotr request In %wmrig. mr re * a rdwi'g !mot f 1Q) nays of IPM & NE [#r. lzn The Program MTMtalar will fWy yw or re dale, I me, tocnm or your rturbtg, and re name of the- rtaarlr►g Mcar. Make owW irtai ym agcw at leasl we of a day ibr re rtWWg. Ore cam may fie- suaAM al Ilia same l and ym may rowe 1v wall. PENALTMES In Te a VW alai you are t rtd 10 rzoe Mated re C ity Code and fe are rasT ocrlstanttag, re CM - May lage we or more of Ze 1. N yw m%n propel in re Cay and Ire property was ale sal or isle Wtot. = and re Ve re-r crtpard, rP - CMJ 'ray assess ar cme a go la W %wed In rte amount al re 1lne agansl par prWl y. 2. Pursue a regal aclan agatrisl yw is collect re 1tne. 3. &Isperd, rarer, not €emir or w yi a City- maul tribe a permll TO IS ZIS5Waled W111 rR vfcfalm 4. ft&m to grant agraral lor arty ftcerise, per:nn or Deter Cttyr ikgwrat sougrd n' you or Syr crawty under yo<r mrMan; ar control. 5. Issue a aart:4sfM cl'ta w anJ pwsua c rimllal pr aeon. 5. Issue addlfortai admlr araave cmarts_ Pleeee call 76S,569 -3300 with any questions. nave= Name City Council Agenda Item No. lof _ 4/26/2010 1 st Reading � �Y. April 26, -2010 ._..... L I. by: Vickie Schleuning, Assistant City N anagc / L`irsctor of Building & Community Standards in cooperation . =ri'h =ire Department City of Brooklyn Center Council Meeting Agenda • Background • Highlights of Proposed Chan =c°s t • Council Feedback City council Meeting 4/26/2010 1 4/26/2010 Background Information • Schedule • 1" Reading of the Ordinance- tonight • Make any changes, final attorney approval • Schedule a 2nd Reading and Public Hearing for May 24, 2010 • Fire Department, Building & Community Standards Department, and legal counsels review city ordinances • Court Case in 2008 limiting cities' authority to exceed Minnesota State Building Code for component systems or building structure • Ongoing efforts to review ordinances, processes and procedures 4/26/2010 Highlights of Proposed Amendments • Address 2 specific areas in Section 5 -203- smoke alarms, outdoor recreational fires • General language cleanup- grammar, clarity, changing "detector" to "alarm" • Provide conformity with Minnesota State Building and Fire Codes • Cannot require hard -wired smoke alarms for all types of rental properties- Depends on various factors (year built, type of dwelling, significant remodels, etc.) • Change distance of a recreational fire to a minimum of twenty -five feet from buildings or combustibles, instead of current 15 feet requirement consistent with the Minnesota State Fire Code regulations 4/26/2010 2 r 4/26/2010 Highlights of Proposed Amendments cont... • Provide a minimum assurance of safety to occupants and neighbors • Smoke alarms must be installed properly in accordance with codes and manufacturer specifications • Smoke alarms must be operable and maintained in good condition • Where battery- operated smoke alarms are allowed and provided: • Requires monthly testing of smoke alarms by the owner /owner's agent, including keeping a record of that testing • Requires the property owner /owner's agent to advise tenant of the requirement to contact the owner /agent if a smoke alarm is faulty, defective, or otherwise inoperable. • Requires a tenant to notify the owner in writing within 24 hours when a smoke alarm isn't functional. 4/26/2010 Questions? Thank you. 4/26/2010 3 COUNCIL ITEM MEMORANDUM • DATE: April 26, 2010 TO: Curt Boganey, City Manager FROM: Vickie Schleuning City Manager/Director of Building & Community Standards SUBJECT: An Ordinance Relating To Smoke Alarms and Outdoor Recreational Fires; Amending Fire Code Section 5 -203 of the Brooklyn Center City Code Recommendation: It is recommended that the City Council consider approving on first reading an ordinance amending the Fire Code Section 5 -203 of the Brooklyn Center City Code, and scheduling a second reading and Public Hearing for May 24, 2010. Background: The Fire and Building & Community Standards Departments are proposing changes to Section 5 -203 of the Brooklyn Center Fire Code pertaining to smoke alarms and outdoor recreational or cooking fires. • Fire and Smoke Alarm Regulations The City of Brooklyn Center Fire Code has requirements for hard -wired smoke alarms. In a recent court case in 2008, the State of Minnesota Supreme Court ruled that cities may not enforce building code standards pertaining with component systems or building structure more restrictive than a standard provided by the Minnesota State Building Code. City staff and the City Attorney have reviewed codes relating to residential rental property. As a result, Fire Department and Building & Community Standards Department are recommending updates to the Fire Code, Chapter 5 pertaining to smoke alarms. The changes required pertain primarily to single family and dwellings other than apartment buildings built prior to August 1, 1989. Homes constructed after that date require smoke alarms to be connected through permanent wiring and equipped with battery backup. Apartment buildings have different smoke alarm requirements. A working smoke alarm saves lives by helping the occupants escape a fire. It can also help save lives of fire fighters who would otherwise search for people in a burning building. The hard- wired smoke alarms generally provide a higher level of assurance than battery operated smoke alarms partly because they require less frequent human maintenance actions to ensure they are working properly. The proposed code amendments aim to meet current legal requirements without compromising the safety of the public, provide clear requirements and language, and provide accountability for property owners and tenants. A highlight of the proposed ordinance amendment is as follows: • General cleanup of the ordinance language, including changing the term "detector" to • "alarm" as indicated by the State Fire Code to denote its true function. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • Eliminate the requirement to install hardwired smoke alarms for all rental dwellings, • where not otherwise required by the Minnesota State Building Code. • Require smoke alarms be installed and maintained in accordance with State Fire and Building Codes and manufacturer specifications. • Require smoke alarms to be operable and maintained in good condition. • Where battery- operated smoke alarms are allowed and provided: • Requires monthly testing of smoke alarms by the owner /owner's agent, including keeping a record of that testing • Requires the property owner /owner's agent to advise tenant of the requirement to contact the owner /agent if a smoke alarm is faulty, defective, or otherwise inoperable. • Requires a tenant to notify the owner in writing within 24 hours when a smoke alarm isn't functional. Outdoor Recreational and Cooking A proposed amendment is recommended to change the distance of a recreational fire to a minim of twenty -five feet from buildings or combustibles in order to be consistent with the Minnesota State Fire Code regulations. Brooklyn Center Fire Code currently references fifteen feet instead of twenty -five feet. Budget Issues: There are no budget issues to consider at this time. • Council Goals: Strategic: 1. We will ensure a safe and secure community 3. We will stabilize and improve residential neighborhoods • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the day of , 2010, 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 relating to Fire Code; Amending Brooklyn Center City Code, Section 5 -203. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO FIRE CODE; AMENDING A SECTION OF BROOKLYN CENTER CITY CODE, SECTIONS 5 -203 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS: Section 1. Brooklyn Center City Code, Section 5 -203, is amended as follows: Section 5 -203. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The city manager, building & community standards director eery • , building official, fire inspector, and the chief of the fire department, and other city officials as designated ted by the city manager shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies ,� that shall require permits, in addition to those now enumerated in said -cede this Chapter The fire chief shall post such list in a conspicuous place, upon approval or denial by the committee, and distribute copies thereof to interested persons. f. Fire Alarm Systems and Smoke Alarms: 1. Installation, inspection and maintenance of the fire alarm system or alarm device shall comply be -aeee g-te standards in 1FG Minnesota State Fire and Building Codes, and manufacturer specifications 2. Whoever shall render a smoke deteeter-alarm or fire alarm system inoperable by removing the battery, er disconnecting, of dismantling, or damaging the smoke alarm deteeter-, - or fire alarm system in any residential rental, commercial or business unit is guilty of a misdemeanor. 3. Special provisions for rental properties. Where Rbattery- operated smoke alarms deteeter-s are allowed by code, they All shall be r-emeved from all • meet the following conditions: a. Installation. Properly installed and maintained in compliance with Minnesota State Fire and Building Codes, and manufacturer specifications b. Maintenance. Maintained in an operable and good condition C. Testiniz and Record. Be tested in accordance with manufacturer's recommendations and no less than once a month. The owner and/or owner's agent of a rental propeM is responsible for keeping records indicating compliance with testing and applicable codes. These records must be made available to the code official upon request. d. Tenant & Owner Responsibility. i. Property owners or their owner's agent must advise tenants to notify the owner /agent about faulty, defective or inoperable smoke alarms. ii. Tenants of each rental unit must give written notice to the owner or their agent within 24 hours of finding any non - functional smoke alarm. A copy of the written notice must be provided to the City's rental inspections department. Failure to notify an owner, the owner's • agent or Ci ty is a petty misdemeanor. The owner or owner's agent must make any correction(s) necessary to maintain a smoke alarm(s) in compliance with applicable codes. i. Open Burning: 2. Outdoor recreational or cooking fires may be permitted subject to the following requirements: a. All fires must be in an approved outdoor fireplace or a pit which is at least one (1) foot below grade. A pit must be located at least twenty five (25) fifteell (15) feet from buildings, fences, property lines or flammable materials. Pits may be no more than three (3) feet in diameter, and the outside edge shall be ringed with brick or rock. Commercially manufactured outdoor fire pits may be used provided they are not more than three (3) feet in diameter. Section 2. This ordinance shall be effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of . 2010. • • Tim Willson Mayor ATTEST: Sharon Knutson City Clerk Date of Publication Effective Date (,See indicates matter to be deleted, underline indicates new matter.) • Work Session Agenda AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION • April 26, 2010 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Potential Acquisition of the Northbrook Apartments, 6037 Brooklyn Boulevard 2. Update on the Community Gardening Program and Establishing a Garden Plot Rental Fee 3. 2010 Budget Amendment 4. Joint Commission Meeting Follow up PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Sister City Update — Curt 2. 57th and Logan Update 3. Strategic Outcome Reports a. Prosecutor Services • 4. Community Schools Update 5. 2011 Brooklyn Center Celebration Update 6. Crime Free Housing Update 7. Neighborhood Designations 8. Junk and Inoperable Vehicles Update — Back Yard Parking 9. Minn. Stat. 273.128 4d Rental Properties — Annual Report 10. 6101 Beard -6037 Brooklyn Blvd Update — May 11. Local Government Aid Policy 12. Brookdale Mall Update 13. Joslyn/City Property Remediation Update 14. Prosecutor's Contract 15. Department Year End Reports 16. Active Living Program 17. RER — Howe Fertilizer Update 18. Garbage Hauler Report • Work Session Agenda Item No. I r MEMORANDUM - COUNCIL WORK SESSION • DATE: April 22, 2010 TO: Curt Boganey, City Manage(/;� FROM: Gary Eitel, Director of Business and Development SUBJECT: Opportunity to acquire the Northbrook Apartments, 6037 Brooklyn Boulevard as part of the reimaging of Brooklyn Boulevard Corridor. Recommendation: It is recommended that the City Council consider the offer by Jerald Fenstad, the owner of the Northbrook Apartments and the potential opportunities associated with the acquisition in the reimaging of Brooklyn Boulevard. Background: Sales of Northbrook Apartments: Mr. Fenstad has indicated his plans to sell the Northbrook Apartments this year and is inquiring on the potential interest of the City as a prospective buyer of Brooklyn Boulevard properties. This 11 unit apartment building that was constructed in 1961 on a 26,120 sq. ft. lot that is zoned R -5 Multiple Family Residence District and has a 2010 assessed valuation of $545,000. . Mr. Fenstad has indicated that the 11 units would be vacant and is asking $560,000 with a closing to occur on or before June 30' 2010. Federal Relocation Laws: The City is required to comply with the Uniform Relocation Assistance and Real Property Acquisitions Policies Act Laws that apply to all public projects and acquisitions that result in the displacement of tenants from their homes. Our consultant has previously advised use that these costs could be in the $10,000 to $15,000 per unit ranges. Note: an apartment complex acquisition by a neighboring community reported that their relocation benefits were $5,000- $6,000 per unit with about 50% of the tenants receiving benefits. Consideration of these potential costs should be considered in the negotiations /structuring of the purchase agreement. It may be possible to arrive at a sales price not to exceed an agreed upon price that includes the potential payments of relocation costs. An example of this option, as applied to this offer would be $450,000 paid at closing and $110,000 placed in an escrow account from which draws are authorized to pay for relocation costs. Upon satisfaction of the relocation requirements the seller retains the balance of the escrow account. Should the Council decide to proceed with this acquisition, our Relocation Consultant will be included in the drafting of the purchase agreement. • Ifission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Visioning/Reimaging of the Brooklyn Boulevard Corridor: • The 2030 Comprehensive Plan Update recognized this portion of the Brooklyn Boulevard corridor as a community planning issue that required additional review and specific attention on the issues and opportunities associated with land use planning and guidance related to the Land Use and Transportation Elements of the Plan. As part of the implementation strategies of the plan, there has been discussion of commencing with a scoping plan that indentifies the issues ( including existing conditions, constraints, and problems areas , the agencies and partners that have a role in this right of wa P ) g P Y corridor, the potential partners in this study ( property owners, area residences, business owners, and the development community) and potential opportunities that would assist in identifying and developing options (the casting of different visions, updating the current land uses, or reimaging this transportation corridor and reshaping its land uses). After this step, that will emphasize ownership in the study and its outcome, the City will be asking the County to participate in retaining the appropriate consultants to undertake the updating of the former Brooklyn Boulevard Corridor Studies and Streetscape Plans. With respect to the. visioning of the Brooklyn Boulevard Corridor, I believe that the potential opportunities associated with property acquisitions provides the City with the ability to control the planning and redevelopment of future land uses and right of way management that has limited the City's and County's ability in the past to reimage this portion of the corridor. • Note: The discussions with the Planning Commission on implementation strategies will continue th to focus on our successes (the Boulevard Market redevelopment, the 69 Ave. Parkway (east of Brooklyn Boulevard) the initial phase of the Brooklyn Boulevard improvements that extended to 65 Avenue, the Xerxes & Bass Lake Road Streetscape Improvements, and the Bellvue /53 Avenue e ue streetsca e improvements rn fr ects. and the lessons that we have learned from these projects. P P J Council Policy Issues 1. Does the City Council believe that it is in the community's best interest to continue the acquisition of properties within the Brooklyn Boulevard corridor? 2. Does the City Council support the prioritizing of the use of TIF #3 Housing Funds for this acquisition? Budget Issues: Funding source could be TIF 3 housing fund which has approximately $2,000,000 in unallocated funds and an annual revenue stream of approximately $300,000 through remaining life of this Tax Increment District/2021. Council Goals: Strategic: • Ylission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION • 3. We will stabilize and improve residential neighborhoods 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 5. We will improve the image of the City with citizens and others Dfission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust LOGISMap Output Page Page 1 of 2 C ity of Brooklyn Center E3 MgMgtftdF*ak— �`, ��� sksatHameWtwb Hoge ttuuniter Points GklNcipal Boundary eici ' 1 i Suckling Footprints Q Lk., 4 Btft. i'. Parks -.._._._.__._._.._...__...._....___._._....__._ ......_..---- ..-- .----- ._.f.___ O �1 � PatCakt Bt6TAVE Pt .._._..___...__............ _.._._. ._ _ ...... ......,.... ...... 60 t F i _........ - ........ - --- - i/ I y : '_ - -_.. ......_..erns 00�'DORE OR it ens. r O : btr�! i F� i � e � t mti9 �:ctN3 Crce+eyi. KitSSSN�Y.4ML' � e 'Xkl PID:0311821120098 aa. :•te a : _ ( Of .`it , N ?� 6037 Brooklyn Blvd BR00i YN Brooklyn Center, MN 55429 CEr�TEt *EDA Ownership 6045 Brooklyn Boulevard — 2009 - $224,900 *EDA Ownership 6025 Brooklyn Boulevard — 2010 - $74,900 LOGISMap Output Page Page 1 of I 1 71711 ,11-1 � h h , 91ST AVE�M' ix r a F a 3r • \ k COMMODORE DR_- .r• E4i0 i a' Sao 600 p Mxc1 ¢¢Ykklxi Ae iS. Ctp ee ;C #IDC ,'04x2 httn:Hgis.logis.org /LOGIS ArcIMS /ims ?ServiceName =bc LOGISMap_QV&ClientVersio... 4/22/2010 Work Session Agenda Item Ida. 2 COUNCIL ITEM MEMORANDUM • DATE: April 20, 2010 TO: Curt Boganey, City Manag FROM: Gary Eitel, Director of Business and Development SUBJECT: Update on Community Garden Program for 2010 Recommendation: It is recommended that the City Council consider establishing a garden plot rental fee of $25 for the 2010 Community Garden Program. Background: On January 25, 2010, the City Council Work Session included a report on establishing a Community Gardening within the Xcel Energy Transmission Corridor and on a vacant EDA owned lot. The majority consensus of the City Council was to direct staff to proceed with a community garden program within the Xcel Energy Transmission Corridor at Colfax Avenue and with establishment of neighborhood garden plots at 5301 James Avenue in accordance with the January 20, 2010, staff report, and to report back to Council with further information. Attached for your reference is a copy of the January 20, 2010 report and minutes of the Council's work session on this item. • 2010 Community Garden Program: Attached for your review is a draft copy of a Community Garden Application, Community Garden Contract and Community Garden Map for the property within the Xcel Energy Transmission Corridor. The layout for this 75' wide corridor maintains a front yard setback equal to the adjoining residence and a 5 foot setback along the residential property line to the south. A total of 39 garden plots are illustrated on the attached garden map. Letters have been sent to the property owners of the 3 large lots adjoining to the north to determine if there may be an opportunity to expand the community gardening to approximately 100 lots with additional area for parking. At this time, one of the property owners has indicated a possible interest in leasing or selling a portion of their lot to the City. An issue which has caused a delay in presenting this program to the City Council has been the absence of economically providing a water source to the garden area. The preliminary costs of providing a metered irrigation system are estimated at approximately $8,000. It is staff's opinion that amortizing these costs over a 3 -5 year period would require a garden with no fewer than 100 rental plots and an annual rental rate of $50 each. An option which has recently been discussed is the purchase of a 300 or 500 gal water storage tank with a water spout that could be refilled by the City's water truck on an as needed basis. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM The material cost of this option is approximately $600 -$650 for the 500 gal tank and $450 -$500 • for the 300 gal. water storage tank. In considering hin pocket cot the City g estabh g a rental fee of $25, we believe that the out of poc e costs by y can be covered and that the water storage tank is portable and can be reused by the City in the event a gardening program is not continued at this location or a program that is offered by the City. The program does require staff time to coordinate announcements, registrations, staking of the plots, and monitoring the progress of the garden. It is my understanding that the Public Works water truck, which is used several times on a weekly basis by the department to groom playfields and water city landscaping, could be provided at no or minimal cost to the program. Budget Issues: The material costs for starting this program are proposed to be an EDA expense not to exceed. $1,000. Council Policy Issues: 1. City Council input on the option of providing a community garden program with a temporary water source and without a City water source. 2. City Council input on establishing a garden plot rental fee of $25 for the 2010 • program. 3. City Council direction on pursuing options and potential investments that would enable the expansion of the community garden program at this location. Council Goals: Strategic: 4. We will positively address the community demographic makeup and increasing cultural diversity 6. We will respond to increased. public awareness and interest in environmental sustainability and green community issues • Ytission: F.,nsuring an attractive, clean, sa fe communio that enhances the quality of life and preserves the public trust • City Council Work Session January 25, 2010 Mr. Boganey reviewed the history of the item. He stated staff is requesting Council direction on the development of a community garden site within the Xcel Energy Transmission Corridor and a neighborhood garden site at 5301 James Avenue. He indicated that ideally there would be a volunteer or others to manage this for the City going forward; however, it can likely be started with a limited amount of staff time. Director of Business and Development Gary Eitel provided an overview of the staff recommendation on community gardens and answered questions of the City Council. Mayor Willson noted that Allan Hancock and Diane Sannes have an interest in working with community gardens. It was noted that community gardens will likely provide an opportunity to engage diverse and new residents in the community. The majority consensus of the City Council was to direct staff to proceed with a community garden program within the Xcel Energy Transmission Corridor at Colfax Avenue and with establishment of neighborhood garden plots at 5301 James Avenue in accordance with the • January 20, 2010, staff report, and to report back to Council with further information. i fi u City of Brooklyn Center Community Garden Application 2010 Season May 12 through October 18, 201,0 Name: Address: City: State Zip Home Phone: Other Phone Email: Plot Number: I" Choice 2 nd ,Choice 3 rd Choice Yes, I am interested M renting a second plot if one becomes available. (Cost is per plot.) Rental Fee Per Plot.-' (Cash or check only) City Use Only: • Date Received Payment Received Plot Number Assigned 2nd Plot Number Assigned City of Brooklyn Center Community Garden Contract Agreement O ne City of Brooklyn Center agrees to prepare the garden plot for planting, stake out the plot, identify the plots by number, and make water accessible to gardener. If a cancellation is requested in writing prior to May 1, 2010, a refund will be granted (excluding cancellation fee). Please review the following program guidelines. 1. Priority will be given to Brooklyn Center Residents and prior year renters. 2. Non - residents will have last priority after resident extra plots are rented. 3. Renters will be on a first -come, first- served basis depending on availability. 4. One plot per household unless extra plots are available after May 1. 5. Garden plots are assigned to one person and are not transferrable. Others may garden the plot, but the responsibility for maintenance of the site is assigned to the person that applied for the plot. 6. Fees must be paid at the time of application. Cost is 7. No refunds will be given after May 1. (A $5 cancellation fee applies prior to May 1) 8. The plot must be tended by May 15 If you are planting later, you are still responsible for keeping the plot free from weeds and harvesting through the end of the season. 9. Renter agrees to: • Have something planted by June 10 and keep plot maintained the entire season. • Notify the City if they must abandon their plot. • Keep weeds to a minimum. • Maintain garden within the borders of their plot — no vines encroaching to other plots. • • Use only approved certified organic fertilizers that do not affect other plots (no herbicides or pesticides) to keep insects, pests and diseases under control. • Have plot cleaned and cleared by October 31. • Place organic waste in the compost piles in areas identified by the City. 10. If the garden plot is not being maintained, the gardener will be given ten days to correct the situation or the plot may be re- assigned. 11. A 3 ft. chicken wire fence may be in place to protect crops from rabbits and other critters. 12. Plantings must not shade other gardener's plots. 13. Pets are not allowed. 14. Children must be supervised. 15. Motorized vehicles must only use the designated parking area. The Gardener agrees to assume all liability and to indemnify and compensate the City for any injury or damage to person, property or employees by or arising in connection with the use of the premises. The Gardener further agrees to defend, indemnity and hold harmless the City against all actions, claims, damages, or demands, which may be brought or made either against the City's interest in the premises by reason of anything done by the Gardener, in the exercise of purported exercise of the rights and privileges herein granted. The City may terminate a Gardener's use of City property under this Agreement immediately upon violation of any of the terms of this Agreement in connection with the use of the garden plots. The City of Brooklyn Center assumes no liability for accidents or injury to participants or others either on or adjacent to the garden area. The City of Brooklyn Center assumes no responsibility for acts of vandalism or loss of crops or property due to theft. By signing this agreement, I agree to abide by these conditions established for Community Gardens including complying with Is I federal, state and local laws and regulations. Name (Please Print) Signature Date r i 1 2 3 C 5 16 17 18 19 20 2 1 ' ? Z 6 7 $ 9 10 24 -25 26 27 28 29 30 31 LU Q ama macmm 11 12' 73 14 15 i 32 33. 34: 35 36. 37 38 39 Z Z...... LU Q � m i F- 0 p X _ .._.. .M . _.. _... i 0 a a 57TH AVE N r. ,,,,__..,., _ ... ........... ... .... _..__..._ __,.. __ _. _, . 777 _...... Business and De velop m ent n Ma 4 rvn•+r Community Garde p ��, , 2010 RRVOR•/ Pr ' (.'l�1'7P.R � , 7 a s o . t 20 x 20 Gardens with 5 y W • MEMORANDUM - COUNCIL WORK SESSION DATE: January 20, 2010 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Community Gardens COUNCIL ACTION REQUESTED: City Council direction regarding staff recommendation to develop a community garden site within the XCEL Energy Transmission Corridor and a neighborhood garden site at 5301 James Ave. BACKGROUND: The August 24, 2009 City Council Work Session included a presentation on the Community Garden Programs within the Cities of Hopkins and Brooklyn Park and a general overview of information obtained from the American Community Garden Association on starting a • community garden within the City. The majority consensus of the City Council was to direct staff to conduct further exploration, refine the possibilities, and define the structure of a community garden program. Attached for your reference are the minutes of this Work Session discussion and staff memo. COMMUNITY GARDEN PROGRAM: Site Selection The following sites are being recommended for City Council consideration in the development of a 2010 community garden program: - The XCEL Energy Transmission corridor lying east and west of the Colfax Ave. right of way which has the potential of 100 + garden plots. - The vacant lot at 5301 James Ave. acquired through the EDA's Remove & Rebuild Program has the potential of 10 garden plots. Site Control: EXCEL C L Energy has indicated a willingness to work with the City on the temporary use of their transmission corridor for community garden plots and has provided the attached Garden Permit for Community. The attached permit is being offered at no cost with a $500 refundable damage deposit. 5301 James Ave was acquired for the EDA by our housing consultant, GMHC, in 2009 and is the process of being conveyed to the City. • 1 Conceptual Plot Layouts Concepts illustratin g on the potential layout of typical 20'x20' • individual garden plots served by a 4' walkway will be prepared by City staff that will also address the following components: I - Identification of a water source - Parking areas Potential location for a rubbish container and optional sanitation facilities /satellite Identification signage and optional message board Potential need for decorative landscaping and perimeter fencing. The EXCEL Energy site will also illustrate the potential expansion along the corridor and possible option to acquire interest in adjoining property for a long term or permanent location for this community garden. Program Administration At this time, program administration would follow the examples provided by the current community gardens operated by the Cities of Hopkins and Brooklyn Park. Existing staff would provide the following administrative tasks for the initial garden program: - Development of Operating Policies, guidelines /rules. Gardner's contract - Development of application - Identify program costs and establish fee - Identify target audience and communication options - newsletter, web, media news - Prepare announcements, advertisement and program promotions - Registration • - Communicating with gardeners: o Introduction - Kick Off - information on gardening (supplies, etc.) o Exchange of information on gardens o Updates o Harvest time o Fall enroll for next season o Clean up /off season (late October) A portion or all of these activities could be shifted to a garden association or a seasonal volunteer as the programs develops. Garden Plot Development /Preparation: The annual work activities associated with creating a community garden include: clearing /clean -up of the site, staking and identification of the plots, tilling the soils, and providing a watering source and rubbish containers. Perimeter fencing, sanitation, and wood chips for the walkway appear to be optional. Establishing a Rental Fee: The Hopkins and Brooklyn Park programs have established a garden plot rental fee that covers their City out of pocket costs associated with soil preparation /tilling, staking & identification of the plots, rubbish and sanitation. The City of Brooklyn Park also made capital improvements to their garden plots (water service and perimeter fencing to keep the deer out). • 2 The rental fee in Hopkins is $12 for their 185 plot garden and the fee in Brooklyn Park is • $50 for their 80 plot garden. Budget Issues A rental fee to cover the City's out of pocket expenses will be projected for each of the garden sites. Modifications to the site preparations completed by the City may be necessary pending on the total number of garden plots to keep the rental fees in the $12 to $50 range. The garden development concepts will also identify the potential expansion opportunities which would require capital improvements and involve other sources of funding that are unknown at this time. COUNCIL POLICY ISSUES: Does the City Council wish to proceed with a community garden program within the XCEL Energy transmission corridor at Colfax Ave? Does the City Council wish to proceed with establishing neighborhood garden plots at 5301 James Ave? • 3 i,L)wbmap output rage rage 1 or 1 City of Brooklyn Center i �. i � Q Parks — `I �� III 0 Parosls s -: i t �_j &M AVE k L _ l ! A I, r 37TH AVE A i w,o..e.r„kw�rw•ww >wosasam - a I �j�j �YJ BR OKL 5•' /� �",EN ER 1,4+..• / /r�io lY�rrin ­IT (1!'_TC ArnTAdC /imc7Cuv[nnrsAT7mP =11I• T n( . Wnn 0VRsf:limtVP 1/20/2010 Garden Permit For Community Use This Garden Permit ( "Permit ") is entered into effective as of the date stated below, by and between Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy ( "NSP ") and City of Brooklyn Center, its successors and assigns ( "Grantee"). WHEREAS, NSP owns a transmission line right -of -way ( "Right -Of -Way ") in fee simple absolute which is located north of and adjacent to Colfax Avenue North, Brooklyn Center, Minnesota, and WHEREAS, Grantee desires to utilize a portion of the Right-Of-Way for garden purposes, and WHEREAS, NSP is agreeable to granting to Grantee a permit for garden purposes on a portion of the Right -Of -Way described as follows: The North Seventy-five feet of Lots 20, 21, 23 and 24 in Gould's Riverview Addition, Hennepin County, Minnesota, according to the duly recorded plat thereof on file and of . record in the Office of the Register of Deeds In and for the County of Hennepin and State of Minnesota. and hereinafter referred to as the "Permit Area% subject to the terms and conditions hereinafter set forth. NOW THEREFORE, NSP, hereby grants unto Grantee, a permit to use the Permit Area for garden purposes in consideration of and subject to the following conditions: 1. Upon execution hereof, Grantee shall deposit with NSP $500.00 as a damage deposit, which deposit shall be refundable to Grantee upon termination of this Permit as provided for herein and upon restoration of the Permit Area to a grass field. 2. Use of the Permit Area by Grantee shall not interfere with NSP's utilization of its property in any way. 3. Grantee shall be responsible for obtaining any permits from the City of Brooklyn Center, Minnesota or from any other governmental entity required to use the Permit Area for the purposes granted herein. Grantee shall maintain and keep the Permit Area in an orderly manner consistent with garden use and in compliance with all pertinent laws, codes and ordinances. 4. No permanent or temporary structures and no trees or shrubbery with a mature height in excess of 15 feet shall be located on the Permit Area. ® 5. No ground elevation changes shall be made within the Permit Area. 8. No equipment or materials shall be stored on the Permit Area. 7. No motorized vehicles, recreational vehicles or trailers shall be parked or stored on the Permit Area. 8. Grantee shall assume all liability and indemnify and compensate NSP for any injury or damage to persons or property, including NSP's property or employees, resulting from the use of the Permit Area by Grantee, its agents or invitees. Grantee shall defend, indemnify and save harmless NSP against all actions, claims, damages or demands which may be brought or made either against NSP or against NSP's interest In the Permit Area by reason of anything done by Grantee in the exercise or purported exercise of the rights and privileges granted herein. 9. The rights granted herein may not be assigned, leased or sold by Grantee. 10. Nothing herein contained shall be deemed to restrict in any way the continued use of the Permit Area by NSP for its purposes. Grantee is liable for any property or landscaping of Grantee damaged or destroyed by NSP during maintenance, repair, upgrading, construction or re- construction of its facilities or appurtenances thereto upon the Permit Area. 11. This Permit shall remain in effect unless 1) terminated by NSP or Grantee by 30 days' notice to the other party; 2) Grantee no longer occupies the residential lot adjacent to the Permit Area; or 3) revoked for cause by NSP. i This Agreement incorporates all agreements and stipulations between the parties and no prior representation or statement, verbal or written, shall modify, add, or change the terms hereof. IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the day of 2010. NORTHER STATES POWER COMPANY GRANTEE By: By- Its: Its: This Instrument was drafted by: BJA Northern States Power Company 414 Nicollet Mall MP -8 Minneapolis MN 55401 2009.434 Page 2 of 2 .09/21/04 kab S:1Generawfflces-Garrans'SLR-Project- WarehouselCompleted ProjertslVvlPlTransmission 108041211180112009 .434, City of Brooklyn Center Garden Lease.doc V V V V • V � w tl tl tt * It 4t la-h- i t►1 i � ! i tt H st cl t tt tt v tt •1 prim y R mc Y I K 11'14 y r. Q v ' . t R ♦ n It i N" '3�' DO R ,R -- r � i •. ,�I�lllt7i - K ' u _.. ------- �, oz t o to F , WICI N V V ~ I 1 A ' of a �•_.. • tt a n a 1 41uY 1�� LOUISMap Output Page City of Brooklyn Center se..i Nrn 4 tea= lakes L S � Parks L - 0 Pamela i SRI►AVE K i Rff AYE N 'bairwlwh4wW Cep�1eC'i WlaJa7170k D 74ik " PID: 0211821440054 cwx of BROOKLYN 5301 ]ames Ave N C Brooklyn Center, MN S5430. Work Session Agenda" Item No 3 MEMORANDUM - COUNCIL WORK SESSION DATE: April 22, 2010 • TO: City Council FROM: Curt Boganey, City Mana $ SUBJECT: 2010 Budget Proposed Amendment Recommendation: It is recommended that the City Council consider the proposed 2010 budget amendment and provide further direction. Background: 2010 Budget The State Legislature Certified LGA for 2010 was originally, $1,480,854. By virtue of the Governor's action, $1,069, 310 was "unalloted" leaving $411,554. This is the amount that was included in the adopted 2010 operating budget. In addition the 2010 budget included $629, 850 from the Market Value Homestead Credit (MVHC). To balance the current State Budget, the original proposal from the Governor would have cut the • City 2010 revenue by $1,042,368, leaving Brooklyn Center with no general State Aid. The Current legislation approved by the legislature and signed by the Governor will cut MVHC by $537,206 with no cuts to LGA. The net result of this legislation leaves the City with, $ 411,554 in LGA and $125,652 in MVHC. The Legislature is still in session so it still possible that further reductions will be proposed but most assume that there will be on significant addition reductions. 2011 Budget Under the governor's budget balancing proposal for budget year 2011 he would have reduced Brooklyn Center State Aids by $1,272,047 leaving a balance of $971,769 for next year's budget. The adopted legislation signed by the governor reduces State Aid by $144,801 leaving a balance of $1,468,025 for the 2011 budget. Unfortunately both of these estimates ignore the fact that the State will be facing a deficit of at least $4 billion dollars for the next biennium. It is more than reasonable to assume that neither of these estimates for 2011 is likely to materialize. Alternatives Available In anticipation of possible cuts we have operated several departments with vacant positions. In many cases these vacancies have posed significant burdens on remaining staff and some very important projects have been delayed. Nevertheless, the staff has done an admirable job picking !Mission. Ensuring an attractive, clean, safe comnunity that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION up the slack. The net result is that we have saved at least $ 85,000 in the General Fund year to date and by year end $100,000 can be achieved even after critical positions have been filled. • In addition staff members have reviewed their current budgets to identify ways that 6 percent could be saved in the General Fund with the least impact on the strategic objectives of the City Council. The result of this review revealed that a full 6 percent reduction ($1,000,000) in many cases could not be made without layoffs or the elimination of significant strategic efforts. Through this process we were able to identify adjustments (expenditure and revenue) in the amount of $325,000 that would be largely sustainable with minimal impact on your strategic goals. Therefore, I am recommending to address the immediate 2010 budget deficit we take the budget amendment action: $325,000 in expenditure and revenue changes $100,000 in vacant personnel savings $ 100,000 in use of contingency ($150,000 is budgeted) $525,000 total Monday we will discuss the rationale and the pros and cons of this interim measure. Council Goals: Select not more than two. • Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources 2. We will ensure the financial stability of the City • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life anti preserves the public trust Current Law 2010 Proposed Cuts 2011 Proposed Cuts Remaining Remaining Remaining Estimated 2010 2010 LGA and - Remaining 2010 LGA 2011 201 LGA Remaining 2010 2010 curr law 2011 Governor's MVHC post 201.0 HF1671 2010 LGA and 2010 SF3223 and MVHC Governor's post,." 2011 HF1671 2011 LGA Certified LGA 2010 est. unallotments certified LGA proposed cut Governor's cut proposed cut .MVHC post proposed cut post Senate proposed cut Governor's proposed cut post House Crty (1) MVHC (2) (enacted) (3) (4) (5) (6) (7) House cut(8), (9) cut (10) (11) cut' {32) (13) cut (14) BOYD 67,486 5,866 0 65,766 (11,875) 61,477 4,816 69,536 (4,816 68,536 19 780 45:,986. 0 65,766 BRAHAM 496,093 47,708 72,192 521,229 (80,519) 390,790 (33,967 437,642 33,967) 437,642 (161,730} - 359.499, (41,736) 479,493 BRAINERD 4,260,178 366,397 622,858 4,381,612 (683,027 3,320,690 287 3,216;650 287,067) 3,716,650 (1,865;684): 2,515,928 260,974 4,120,638 BRANDON 91,331 21,239 0 92,729 (22,380) 90,190 9,406) 103,164 (9,406) 103,164 (38,514) 54,215 (5,888) 86,841 BRECKENRIDGE 1,316,617 107,683 148,613 1,368,097 (169,093 1,106,594 (71,067 1,204,620 (71,067) 1,204,620 429;532) " 938,565 (86,790) 1,281,307 BREEZY POINT 0 70,125 68,545 0 (1,157) 423 1,157 423 (1,157) 423 69,702 0 (68,545) 0 BREWSTER 180,836 21,275 0 194,497 (25,897) 176,214 10,884 191,227 1 (10,8841 191,227 48,523 145,974 (15,479) 179,018 BRICELYN 126,071 14,684 0 128,464 21,463) 119,292 (9,021) 131234 9,021) 131,734 43,268 " "85196, (5,663 ) 122,801 BROOKPARK 19,043 2,764 0 17,784 (2,740 19,067 (1,151 20,655 1,151) 20,656 (8;626 9,158: 0 17,784 BROOKLYN CENTER 1,480,854 629,850 1,069,476 1,612,826 (1,042,368 0 ,: (504,022 537,20fi (504,022) 537,206 (1272,047 971„769 (144,801) 1,468,025 BROOKLYN PARK 184,239 1,398,522 1,539,278 407,928 0 43,483 0; '" 43;483: 0 43,483 1,206;954 556,013 (1,373,908 ) 389,059 BROOKS 29,43.8 3,374 0 28,714 (3,905) 28,907 1,641 31,173 1,641) 31,171 6,591 21 (190)1 28,524 BROOKSTON 7,128 3,428 0 6,665 (2,621 ) 7,935 (1,1021f. - 9,454 (1,102) 9,454 (3,238) 3;427 0 6,665 BROOTEN 145,144 23,131 0 142,700 (28,650 ) 139,625 - 7156,234. (12,041) 156,234 (70 406 72,294 (4,006) 138,694 BROWERVILLE 213,757 24,573 0 220,038 (31,841 206,489 ` : (13,382 224 948. (13,382) 224,948 (72;999 147;039 (13,341) 206,697 BROWNS VALLEY 363,680 18,885 0 366,507 (46,801 335,764 17,500 365,065. 17,500) 365,065 80;952 285555 (9,077) 357,430 BROWNSDALE 168,304 31,291 0 184,699 29,163) 170,432 11,257 187338 (12,257) 187,338 (66;309) 118,390. 17,633) 167,066 BROWNSVILLE 61,118 10,996 0 58,162 (14,040 ) 58,074 (5,901) 66,213 (5,901 ) 66,213 20;696 37,466 0 58,162 BROWNTON 230,476 45,034 0 254,279 (47,245) 228,265 19857. 255,653 (19,857) 255,653 " 107,792 146 (24,315) 229,964 BRUNO 18,483 1,9141 0 19,241 (2,509 ) 17,888 1,055) 19,34 1,055 19,342 (9,405) 9;836 (1,818 ) 17,423 BUCKMAN 15,859 4,0211 0 18,059 (3,089 ) 16,791 (1,298). 18,582 (1,298 ) 18,582 7;123). 10,936 (1,543 ) 16,516 BUFFALO 533,909 277,127 388,023 555,118 (423,777 0 192,739 23.0,274 (192,739 230,274 (357 ;138) 475,871 (21,247) 533,871 BUFFALO LAKE 210,943 39,352 0 215,764 53,912) 196,383 20,496 22%799 (20,496 ) 229,799 78,185 137,279 12,141) 203,623 BUHL 336,349 41,063 0 326,569 (59,202) 318,210 24;882' 352,530 (24,882 ) 352,530: 112;470 214,099 0 326,569 BURNSVILLE 0 1,164,864 1,140,575 0 (24,061) 228 24,063 228 (24,061} 228 (1,164,86) 0 (1,140,575) 0 BURTRUM 28,200 3,162 0 27,967 (3,645 ) 27,717 1,532) 29,830 (1,532) 29,830 .: 8069 19,898 (805) 27,162 BUTTERFIELD 161,578 18,560 0 172,213 23,360 156,778 19,818 17D,320 (9,818) 170,320 :( 70,259):;: ' 101,954 (15,695 ) 156,518 BYRON 310,670 111,128 175,5501 295,436 (192,484) 53,764 (80;898' 155,35:0 (80,898) 165,350 187.,573" 166,227 (27,324) 269,112 CALEDONIA 941,158 67,025 109,147 1,003,894 (127,960) 771,076 (53,780) . 845,256 (53,780) 845,256 (316,417 !' 627,477 (42,636) 961,258 CALLAWAY 36,232 5,333 0 35,536 (5,893 35,672 (2 :39,088 (2,477) 39,088' 15.;402) 20,134 (1,316) 34,220 CALUMET 122,371 14,554 0 118,691 (23,121 113,804 (9,717 127,208 (9,717) 127,208 (42,320) 76,371 0 118,691 CAMBRIDGE 829,662 209,665 403,658 782,925 (444,050) 191,619 186628 449,041 186,628 449,041 320;024 480,947 (29,833) 753,092 CAMPBELL 58,644 4,711 0 62,044 (7,558) 55,797 3,176 60,179 (3,176) 60,179 24,961 37,083 (4,556) 57,488 CANBY 760,705 75,524 95,793 789,495 (113,208 627,231 (47,580 :b92,859 (47,580) 692,859 355`037) 534,458 (46,887) 742,608 CANNON FALLS 695,570 125,875 225,830 691,445 (245,016 350,599 " (102,97-7). 492,638 (102,977 ) 492,638 '(336,738) 354;707 (36,635)1 654,810 CANTON 81,600 18,185. 0 82,781 (15,142 ) 84,643 6,364 93,421 6,364 93,421 39 ;504 43,277 (4,361) 78,420 CARLOS 45,872 20,521 0 53,082 14,847 51,546 ' 6;240 ` 60 (6,240 60,153: ' (25,419 ' "- 27;663 5,013 48,069 CARLTON 234,094 21,321 0 236,833 (39,32111 216,094 16,526 - 238 16,526) 238,889 86,521 150,312 (10,559 226,274 CARVER 214,262 53,661 154,385 191749 (113,040) 498 71,93 41,60Q 71,936 41,602 .138,126 106;786 (17,716 174,033 • CASS LAKE 422,309 12,4401 0 440,960 (57,784)1 376,965 .J2JI,106) 411,649 (23,100 411,649 121,7/6 319,184 (32,673 408,287 CEDAR MILLS 6 3,235 0 6,295 (2,088 7,236 877 `. 8 447 877) 8,447 1,174 5.121 327 5,968 CENTER CITY 42,999 6,860 15,764 39,772 (17,091 17,004: 7,183 26,'912 (7,183) 26,912: 22.'589.. 17,183 (321 39,451 CENTERVILLE 0 80,829 68,783 0 (11,395)1 661 11 85: 661 11,385 661. 80168 0 (68,783 0 CEYLON 131,155 11,280 0 132,974 (22,093) . 120,3421-: ,, , - 9 285 1333 (9,285) 133,150 44,694 88,280 (5,249)1 127,725 Compiled by LMC, 3/18/2010; see pl for sources 3 Word. Session Agenda- Item loo. 4 MEMORANDUM - COUNCIL WORK SESSION DATE: April 22, 2010 • TO: Ci ty Council FROM: Curt Boganey, City Man SUBJECT: Joint Meeting with Commission Follow up Recommendation: It is recommended that the City Council provide feedback and direction to Commissions resulting from April 2, 2010 meeting. Background: I have enclosed a copy of the Minutes from the joint meeting with City Commissions. Several of the commissions volunteered to work toward achieving specific Strategic Goals of the City. Some of the commissions requested specific assignment or direction. At the meeting Monday if possible we should reach a Council consensus on what response or direction should be given to each commission. Budget Issues: There are no budget issues to consider. Alission: Ensuring an attractive, clean, safe community that enhances the duality of life crud preserves the public trust MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY • OF HENNEPIN AND THE STATE OF MINNESOTA RECEPTION AND JOINT WORK SESSION WITH CITY COMMISSIONS APRIL 6, 2010 COMMUNITY CENTER — CONSTITUTION HALL RECEPTION A Reception and general conversation period was held in Constitution Hall from 6:30 p.m. until 7:00 p.m. CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Charter, Housing, Financial, Parks and Recreation, and Planning Commissions and was called to order by Mayor Tim Willson at 7:07 p.m. IN ATTENDANCE Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, and Dan Ryan were present. Councilmember Mark Yelich was excused. City Staff p resent were City Manager Curt Boganey, Assistant City Manager Vicki Schleuning, • Fire Chief Lee Gatlin, Community Development Specialist Tom Bublitz, Director of Business and Development Gary Eitel, and Fiscal and Support Services Director Dan Jordet. Commissioners present were Charter Commissioners Stan Leino and Ed Nelson; Housing Commissioners Kris Lawrence - Anderson, Ephriam Olani, and Judy Thorbus; Financial Commissioners Rex Newman, Philip Berglin, and Dan Schuler; Parks and Recreation Commissioners Tom Shinnick and John Russel; and Planning Commissioner Sean Rahn. PRESENTATIONS BY CITY COMMISSIONS Financial Commission Commission Chair Rex Newman introduced the other members of the Commission who were present. Most of the work done by the Commission during 2009 was related to the operating budgets for 2009 and 2010. Much of that work was done through joint Work Sessions with the City Council. In 2010, the Commission will continue to participate in work on the operating budget for 2011 and will be considering City Council compensation for 2011 and 2012. Housing Commission Chair Kris Lawrence - Anderson indicated that the Commission received little direction in 2009 and did not have an overly impressive list of accomplishments as a result. In 2009 the Commission reviewed the Housing Ordinance, the Administrative Fines Ordinance, the Comprehensive Plan, and held a brainstorming session on what to do. 04/06/10 -1- DRAFT . The Commission would be happy to assist the Council in achieving Strategic Goal #3; Stabilizing and Improving Residential Neighborhoods. In addition, they would like to assist the Council in achieving Ongoing Goal #5; Improving the City's Image. In summary, the Housing Commission would like to play a valued role in the achievement of the City's goals. Parks and Recreation Member Tom Shinnick listed the members of the Commission and indicated the Park Service Areas that each represented. The Commission's PowerPoint presentation highlighted their work in 2009. In summary, the Parks and Recreation Commission wants to support the citizens and their park and recreation needs. The Commission wants also to support the decision making process of the City Council. Planning Commission Commission Chair Sean Rahn began by saluting the work of long time Planning and Zoning Specialist Ronald Warren, who recently retired. He indicated that the commission had considered planning issues in three major areas during 2009; Brookdale, Northbrook, and the Opportunity Site. He then presented a 2010 program of work discussed by the Commission. The plan indicated a desire on the part of the Commission to assist the City Council in implementing Strategic Goal #2; Aggressively Proceeding with Implementation of the City's Redevelopment Plans, and Ongoing Goal #5; Improving the City's Image. City Manager Boganey stated that he had been looking forward to the Commissions' input. He indicated that he would assure that all Commissions received the staff support that each needs. Mayor Willson thanked everyone for their participation. He indicated that he'd heard some new • ideas during the presentations and that the several comments on the community's image were helpful. Charter Commission Charter Commission Chair Stan Leino then arrived and reported on the function and 2009 activities of the Charter Commission. He pointed out that the Commission was not an appointed body by the City Council but by the District Court. During 2009, the Commission considered some "housekeeping" detail changes to the Charter, heard a request for a ward system of Election for Council Members, but had no input at a public hearing called to discuss the issue. During 2010, the Commission expects to take up issues relating to bringing the City Charter into conformance with State Law. Councilmembers Lasman, Ryan, and Roche all expressed their thanks for the work of the Commissions and the commitment of the members to the betterment of the community. ADJOURNMENT The meeting was adjourned by Mayor Willson at 7:58 p.m. 04/06/10 -2- DRAFT