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HomeMy WebLinkAbout2010 06-14 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION June 14, 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 Secret I . 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 June 14, 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. 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 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 1. May 24, 2010 — Study Session 2. May 24, 2010 — Regular Session 3. May 24, 2010 — Work Session 4. June 7, 2010 — Joint Work Session with Auditor/Financial Commission b. Licenses C. Resolution Approving Change Order No. 1, Improvement Project Nos. 2009 -05, 15 and 16, Contract 2009 -B, Shingle Creek Parkway & 69`" Avenue Street Improvements and 2009 City Trail Improvements 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Officer Dwayne Holmstrom • Requested Council Action: — Motion to adopt resolution. CITY COUNCIL AGENDA -2- June 14, 2010 • 8. Public Hearings a. An Ordinance Relating to Dangerous Dog Requirements; Amending City Code Section 1 -250 to 1 -300 —This item was first read on May 24, 2010; was published in the official newspaper on June 3, 2010; and is offered this evening for second reading and Public Hearing. Requested Council Action: — Motion to open Public Hearing. Motion to take public input. — Motion to close Public Hearing. — Motion to adopt ordinance. 9. Planning Commission Items a. Planning Commission Application No. 2010 -008 Submitted by Gary Brummer /G B Homes. Request for Site And Building Plan Approval for Construction of a 6,000 sq. ft. Community Room with Indoor Pool, Party Room, Exercise Room, and Offices for Gateway Commons. The Planning Commission recommended approval of this application at is May 27, 2010, meeting. Requested Council Action: — Motion to approve Planning Commission Application No. 2010 -008 subject to the Planning Commission recommendations. 10. Council Consideration Items a. Resolution Appointing Election Judges Requested Council Action: — Motion to adopt resolution. b. Amend 2010 City Council Meeting Schedule Requested Council Action: — Motion to amend the 2010 City Council meeting schedule to change the dates of the canvass of election returns. C. Resolution Authorizing Transfer of Fund Balance for Capital Purposes Requested Council Action: — Motion to adopt resolution. d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees at Certain Properties in Brooklyn Center, Minnesota Requested Council Action: — Motion to adopt resolution. 11. Council Report CITY COUNCIL AGENDA -3- June 14, 2010 12. Adjournment • Agenda Items Tabled or Continued An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 —This item was first read on April 12, 2010; was published in the official newspaper on April 22, 2010; and the Public Hearing was continued at the May 10, 2010, meeting until such time as the Charter Commission makes its recommendation to the City Council. Resolution Establishing Fees for Community Garden Plots in the City of Brooklyn Center —This item was tabled at the May 10, 2010, meeting. EDA MEETING • City of Brooklyn Center June 14, 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. May 24, 2010 — Regular Session • 4. Commission Consideration Items a. Resolution Authorizing the Acquisition of Property to Facilitate Neighborhood Improvements and Redevelopment Opportunities within the Brooklyn Boulevard Corridor (Northbrook Apartments — 6037 Brooklyn Boulevard) Requested Commission Action: — Motion to adopt resolution. b. Resolution Approving the Execution of Development Agreement Subordination Agreement and Agreement Regarding Covenant and Restriction with Respect to the Payment of Real Estate Taxes to be Entered into by Economic Development Authority of Brooklyn Center, Minnesota, PH Minneapolis, LLC, Teachers Insurance and Annuity Association of America, and Wells Fargo Bank Northwest National Association Requested Commission Action: — Motion to adopt resolution. 5. Adjournment • AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION June 14, 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. Zoning Consideration Relating to Farmer's Markets 2. Recording of Work Sessions — Councilmember Yelich PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Sister City Update — Curt 2. 57th and Logan Update 3. Strategic Outcome Reports 4. Prosecutor Services Contract 5. Community Schools Update 6. 2011 Brooklyn Center Celebration Update 7. Neighborhood Designations 8. Junk and Inoperable Vehicles Update — Back Yard Parking 9. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January 10. Brookdale Mall Update 11. Joslyn/City Property Remediation Update 12. Department Year End Reports 13. Active Living Program 14. RER — Howe Fertilizer Update 15. Garbage Hauler Report i I City Coun'cil'Agenda Item No. 6a' • • Office of the City Clerk MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: June 14, 2010 SUBJECT: COUNCILMEMBER LASMAN: Requested Change to Minutes Councilmember Lasman requested the following changes to the May 24, 2010, Study Session and Work Session minutes, respectively: STUDY SESSION — Page 2, Paragraph 5, last line: Some Council Members discussed the request and indicated a preference that this type of class remain in the educational realm rather than with the Police Department or that a better referral system be used. The G ;, indi ed n o bje .ti to e s le as it ,a eufser-y not abser-b too many City r-eseur-ees, if the r-eside;-;-*- -Atteifid-- —A4;-d makes eeffiffient at Open F-on+m tenigh4- WORK SESSION — Page 2, Paragraph 6, first line: The Council asked questions of Mr. Roder. It was noted that Mr. Roder had made a conscious decision to not a property taxes and utilities and use income from this property to p YP p Y p P Y pay other bills. Mr. Roder stated this is correct but he knew he would eventually pay the property taxes and utilities. He advised that Sterling Square Apartments will be refinanced at the end of the year and they are considering several hundred thousand dollars of improvements over the winter. ( indicates matter to be deleted, underline indicates new matter.) 6+(Adl SeS51" The Council noted the dates contained in the resolution and asked if the timing of construction has been changed. Mr. Bogany confirmed that the resolution, as drafted, does not modify any dates and staff believes the project will follow the approved schedule if not more quickly. If construction does not start on schedule, Director of Business and Development Eitel advised that the EDA would provide default notice and if not remedied the EDA can take full legal force to resolve it. Mr. Boganey advised this process is explicitly spelled out in the development agreement. MISCELLANEOUS Councilmember Lasman asked if Mango Tango is able to open tomorrow, as scheduled if the g p � , liquor license is approved tonight. Mr. Boganey answered in the affirmative and advised the State has indicated that it will issue the liquor license if it is approved tonight. q pp g Councilmember Lasman asked staff to determine why an ambulance responded to Oak City on Friday night. Councilmember Lasman asked if security has been heightened since there is a different venue in place. Acting Police Chief Kevin Benner advised they have increased security. Councilmember Lasman informed the Council that a citizen may make comments tonight during Open Forum regarding an officer's level of sensitivity when responding to a domestic issue. She mentioned a helpful parenting class she had attended and requested staff research the option of the Police Department providing classes for parents of teenagers to improve communication. Some Council Members discussed the request and indicated a preference that this type of class remain in the educational realm rather than with the Police Department or that a better referral S be used. The Council indicated no objection to a cursory examination as long as it does not absorb too many City resources, if the resident attends and makes comment at Open Forum tonight. Councilmember Roche expressed concern that there is a lack of interaction between the Brooklyn Historical Society and Centennial Celebration Committee and requested a formal Y Y q presentation from the Centennial Committee in the next several weeks. Mayor Willson stated any and all have been invited to attend the Centennial Celebration Committee meetings and it is up to the Brooklyn Historical Society to decide if they want to participate. Mr. Boganey informed the Council of the telephone calls he had received regarding attempts of the Centennial Celebration Committee to involve the Brooklyn Historical Society to obtain historical documents and pictures and the indication of the Brooklyn Historical Society that they need money from the City. Mayor Willson noted the Centennial Celebration Committee will be meeting next week and emphasized that no one is being left out of its meetings. 05/24/10 -2- DRAFT SeSSIon postpone and neither partner attended the hearing. He noted in the past the Council has been amenable to requests for postponement. Mayor Willson stated his belief the Council's action was warranted and that is still the case. Councilmember Lasman stated that she wants to remain firm on enforcement of ordinances and in the case of Mr. Roder had indicated at the time of revocation she would support either a six - month or one -year revocation. Councilmember Yelich agreed with the need to be firm to enforce the City's ordinances and while he was sympathetic with the owner's health issues, that is not pertinent to this consideration. He stated his continued support for the action taken to revoke as opposed to a suspension but was open to modifying the length of time. City Attorney Charlie LeFevere addressed the question raised at the last meeting regarding establishing precedence. He explained that while action would not establish a binding precedence, people would expect the same treatment. Mr. Boganey stated the Council's policy allows the audience to speak on a Work Session item after the Council has completed its discussion. Mayor Willson asked if the Council would like to open the floor to comment. No objection was stated. John Roder, 6610/6700 Humboldt Avenue N, informed the Council of their financial- related problems that required them to decide which bill to pay first. He advised that they are now current on taxes and utilities and their lack of attendance at the hearing had been an oversight due to miscommunication with his partner. He apologized for the overabundance of time the Council has spent related to this rental property, reviewed his and John Cook's residency in Brooklyn Center, and asked the Council to reconsider its action to revoke. The Council asked questions of Mr. Roder. It was noted that Mr. Roder had made a conscience decision to not pay property taxes and utilities and use income from this property to pay other bills. Mr. Roder stated this is correct but he knew he would eventually pay the property taxes and utilities. He advised that Sterling Square Apartments will be refinanced at the end of the year and they are considering several hundred thousand dollars of improvements over the winter. �e� At the conclusion of the discussion, the Council indicated it was not inclined to make a change with regard to Mr. Roder's request. The Council agreed with Mr. Boganey's request to next consider Item #4. APARTMENTS WITH DELINQUENT PAYMENTS POLICY City Manager Curt Boganey reviewed the Council's past discussion whether rental property owners should be allowed to avoid the revocation or suspension hearing by making payments prior to the schedule hearing. The Council also questioned whether there should be additional penalties /fines to cover the City's costs to publish and mail notice of the hearing. Additional 05/24/10 -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 MAY 24, 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 Ro he (arrived at 6:07 p.m.), Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Acting Police Chief Kevin Benner, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS . Councilmember Lasman asked staff to elaborate on Item 10d, Resolution Approving the Contract for Law Enforcement Labor Services (LELS), Local 82 and the City of Brooklyn Center for the calendar Year 2010. City Manager Curt Boganey explained that the City provides for an additional $100 per month to individuals assigned to extra tasks. Currently two employees receive a payment and now that same dollar amount will be spread among four employees, resulting in a savings to the City. Councilmember Roche arrived at 6:07 p.m. Councilmember Lasman questioned EDA Item 4a, Resolution Authorizing Economic Development Authority Consent to Assignment of Development Agreement and Authority to Convey Development Property (FBI Regional Field Office Project) related to the transfer of rights from Barry Real Estate to Ph [NARA/Minneapolis] LLC. Mr. Boganey explained that corporations are usually structured through a special Limited Liability Company (LLC) to isolate liability associated with an activity so it does not reach over into the main company. This LLC will solely be responsible for this project. Councilmember Lasman referenced the draft EDA resolution and asked whether the term referencing the City's Economic Development Authority should be spelled out rather than using terms such as "Authority" or "The Board of Commissioners. The Council discussed the wording and directed staff to update the resolution so it references • Economic Development Authority throughout. 05/24/10 -1- DRAFT The Council noted the dates contained in the resolution and asked if the timing of construction has been changed. Mr. Bogany confirmed that the resolution, as drafted, does not modify any dates and staff believes the project will follow the approved schedule if not more quickly. If construction does not start on schedule, Director of Business and Development Eitel advised that the EDA would provide default notice and if not remedied the EDA can take full legal force to resolve it. Mr. Boganey advised this process is explicitly spelled out in the development agreement. MISCELLANEOUS Councilmember Lasman asked if Mango Tango is able to open tomorrow, as scheduled, if the liquor license is approved tonight. Mr. Boganey answered in the affirmative and advised the State has indicated that it will issue the liquor license if it is approved tonight. Councilmember Lasman asked staff to determine why an ambulance responded to Oak City on Friday night. Councilmember Lasman asked if security has been heightened since there is a different venue in place. Acting Police Chief Kevin Benner advised they have increased security. Councilmember Lasman informed the Council that a citizen may make comments tonight during Open Forum regarding an officer's level of sensitivity when responding to a domestic issue. She mentioned a helpful parenting class she had attended and requested staff research the option of the Police Department providing classes for parents of teenagers to improve communication. Some Council Members discussed the request and indicated a preference that this type of class • remain in the educational realm rather than with the Police Department or that a better referral system be used. The Council indicated no objection to a cursory examination as long as it does not absorb too many City resources, if the resident attends and makes comment at Open Forum tonight. Councilmember Roche expressed concern that there is a lack of interaction between the Brooklyn Historical Society and Centennial Celebration Committee and requested a formal presentation from the Centennial Committee in the next several weeks. Mayor Willson stated any and all have been invited to attend the Centennial Celebration Committee meetings and it is up to the Brooklyn Historical Society to decide if they want to participate. Mr. Boganey informed the Council of the telephone calls he had received regarding attempts of the Centennial Celebration Committee to involve the Brooklyn Historical Society to obtain historical documents and pictures and the indication of the Brooklyn Historical Society that they need money from the City. Mayor Willson noted the Centennial Celebration Committee will be meeting next week and emphasized that no one is being left out of its meetings. • 05/24/10 -2- DRAFT Councilmember Roche stated he is not advocating for anyone but perhaps it is not too much for the City to have a paid membership with the Brooklyn Historical Society. He requested this matter be added as a discussion item for a Work Session. Councilmember Roche requested an update on the Bass Lake Road project and potential extension from Logan to Highway 100. Mr. Boganey stated staff anticipates having that topic before the EDA within a meeting or two at the most. Councilmember Roche asked about the Tree Trust and whether the patio area will be improved. Mr. Boganey stated he is unsure of their schedule of activities so he will report back on this matter. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Yelich asked to comment on Item 8a, Ordinance Relating to Fire Code, dealing with outdoor recreational cooking fires. He noted the change is to increase the minimum setback from 15 feet to 25 feet and asked whether that was realistic for most Brooklyn Center back yards. Assistant City Manager /Director of Building and Community Standards Vickie Schleuning advised this is a State law and the amendment will bring the City's ordinance consistent with State law. With regard to the City Manager's Update, Councilmember Ryan noted the neighborhood meeting for West Palmer Lake Park and the Centennial Celebration Committee meeting were • both scheduled on May 26, 2010. Councilmember Roche stated he has the week off and will attend the Centennial Celebration Committee meeting to see what is going on. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Roche moved and Councilmember Lasman seconded to close the Study Session at 6:46 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Roche seconded to reconvene the Study Session at 6:48 p.m. Motion passed unanimously. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Roche moved and Councilmember Yelich seconded to close the Study Session at 6:48 p.m. 05/24/10 -3- DRAFT Motion passed unanimously. • RECONVENE STUDY SESSION Councilmember Roche moved and Councilmember Yelich seconded to reconvene the Study Session at 6:49 p.m. Motion passed unanimously. Councilmember Lasman requested the following correction to the Study Session minutes of May 10, 2010: Page 3, Miscellaneous, Paragraph 2: "Councilmember Lasman asked staff to research the benefits of adopting �a social hosting ordinance eenseEraenee of holding a ...,Ay for minor-s Mayor Willson agreed this bears some scrutiny with the understanding the City has limited resources. Council consensus was reached to direct staff to conduct an analysis and contact the League for more information. No objections were expressed. MISCELLANEOUS Councilmember Lasman referenced the 69 Avenue project and explained that construction cones are placed in such a way down the middle of the street that confuses drivers where they should correctly make a right -hand turn. She asked staff to review the project sites for 69 Avenue and Bass Lake Road and determine how the cones can be adjusted. Councilmember Ryan moved and Councilmember Lasman seconded to adjourn the Study Session at 6:54 p.m. Motion passed unanimously. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS Councilmember Lasman moved and Councilmember Yelich seconded to open the Work Session at 6:54 p.m. Motion passed unanimously. Staff requested a short recess prior to the Council meeting. • 05/24/10 -4- DRAFT ADJOURNMENT Councilmember Yelich moved and Councilmember Ryan seconded to close the Study Session at 6:55 p.m. Motion passed unanimously. • 05/24/10 -5- 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 MAY 24, 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 6:46 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 Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleunin Actin Police Chief Kevin Benner City Attorney Charlie LeFevere, and Carla g, g � Y Y 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 Yelich seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. Councilmember Lasman moved and Councilmember Roche seconded to reopen the Informal Open Forum at 6:49 p.m. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the Ci ty Council. Councilmember Roche moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:49 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan requested a moment of silence and personal reflection as the Invocation. 05/24/10 -1- DRAFT . 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:02 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 Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Acting Police Chief Kevin Benner, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. g 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, with amendments to the Study Session minutes of May 10, 2010, and the following consent items were approved: • 6a. APPROVAL OF MINUTES 1. May 10, 2010 — Study Session 2. May 10, 2010 —Regular Session 6b. LICENSES AMUSEMENT DEVICES American Amusement Arcades 6440 James Circle N. Metro Coin of Minnesota, Inc. 6301 Shingle Creek Parkway LIQUOR — CLASS D ON -SALE INTOXICATING, SUNDAY, AND OPTIONAL 2 A.M. Robert J. Cardinal /Gemstone Nuggets, Inc. 2101 Freeway Blvd. dba Mango Tango MECHANICAL Airic's Heating LLC 16067 310 Street, New Prague Automatic Door & Fireplace 8900 109 Avenue N., Champlin Cayman's Heating & Cooling 7900 Excelsior Boulevard, Hopkins Mespo Heating & Cooling 8448 Logan Avenue, Brooklyn Park St. Marie Sheet Metal P.O. Box 32148, Fridley . Total Refrigeration 949 S. Concord Street. So. St. Paul 05/24/10 -2- DRAFT RENTAL — STANDARDS PRIOR TO MARCH 6, 2010 • INITIAL 340066 1h Avenue N. Solomon Frank- Sawari 6031 Brooklyn Blvd. Emeka Okeakpu RENEWAL Brookdale Towers Hillaway Investments LLC RENTAL — CURRENT STANDARDS INITIAL (TYPE II — two-year license) 7085 Unity Avenue N. I -Chang Wen RENEWAL (TYPE II — two-year license) 5401 Brooklyn Blvd. Northport Properties SIGNHANGER Express Signs & Balloons 19320 Yukon Street NW, Cedar 6c. APPROVAL OF APPLICATION AND PERMIT FOR TEMPORARY ON- SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS CATHOLIC CHURCH, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD AUGUST 7 AND 8, 2010 6d. APPROVAL OF APPLICATION AND PERMIT FOR TEMPORARY ON- • SALE LIQUOR LICENSE SUBMITTED BY MIRACLE EMPOWERMENT CENTER, 5801 JOHN MARTIN DRIVE, FOR AN EVENT TO BE HELD JUNE 19, 2010 Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2010 -86 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF OFFICER ROBERT TRAXLER City Manager Curt Boganey introduced the item, recognized Officer Robert Traxler s public service, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010 -86 Expressing Recognition and Appreciation for the Dedicated Public Service of Officer Robert Traxler. Mayor Willson read the resolution. i 05/24/10 -3- DRAFT Motion passed unanimously. • 8. PUBLIC HEARING 8a. ORDINANCE NO. 2010 -09 RELATING TO FIRE CODE; AMENDING A SECTION OF BROOKLYN CENTER CITY CODE, SECTION 5 -203 City Manager Curt Boganey introduced the item, informing it was first read on April 26, 2010; was published in the official newspaper on May 6, 2010; and is offered this evening for second reading and Public Hearing. Assistant City Manager /Director of Building and Community Standards Schleuning provided an overview of the proposed amendments to correct grammar, provide clarity, and conformity with the Minnesota State Building and Fire Codes. She noted the increased level of safety will protect the City's renters as well as responding fire fighters. The Council discussed the setback for outdoor fires and noted it would be difficult to find a compliant location with many of Brooklyn Center's residential lots. Ms. Schleuning advised a permit is not required for an outdoor recreational fire so enforcement would be on a complaint basis. The Council discussed the requirement for renters to notify building owners within 24 hours when a smoke detector is not functional. Ms. Schleuning stated this is a State requirement. She • noted the City's Code required smoke detectors to be hardwired; however, that can no longer be required for all rental units. Mr. Boganey asked if State Statutes specifically requires the tenant notify the owner within 24 hours or if it was staff's recommendation of what is reasonable. Following a brief review, Ms. Schleuning cited the State Statute requiring occupants to notify the owner of a nonfunctioning smoke detector within 24 hours of determining it is not functioning. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Robert Marvin, 4711 Twin Lake Avenue, stated he professionally installs fire alarm systems in large multi -unit buildings and encouraged the City to enforce all State Codes but not enforce in excess of State Codes. Mayor Willson clarified that Council has given clear direction to staff that all Codes are followed. Councilmember Roche moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. 05/24/10 -4- DRAFT Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2010 -09 Relating to Fire Code; Amending a Section of Brooklyn Center Code, Section 5- • 203. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS I 10a. RENTAL DWELLING LICENSE APPROVAL FOR PARTIAL OCCUPANCY AT GATEWAY COMMONS — 2900, 2904, 2908, AND 2912 NORTHWAY DRIVE Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Mayor Willson referenced the memorandum from Building Official Gary Gilpin and stated it is nice to see Gary Brummer, owner of Gateway Commons, come forward to take this action as an initiative. Councilmember Lasman moved and Councilmember Roche seconded to approve rental dwelling license for partial occupancy at Gateway Commons for building addresses at 2900, 2904, 2908, • and 2912 Northway Drive. The Council discussed that it had previously taken strong action on the rental license for this property, which sent a clear message about the Council's firm and definite commitment to p g enforce the City's ordinances. It was noted the previous owner had been cited for 700 building code violations within several years and there had been many public safety problems. The Council recognized the new property owner for taking the initiative to greatly improve the property. Mr. Boganey advised of the Code compliances that have been met with respect to the buildings under consideration. He agreed that since the new owner has taken control and erected the fence, there has been a dramatic lowering of nuisance calls and public service issues. Mayor Willson concurred and noted several other building owners have also made improvements to their properties and this is another good example of that initiative. Motion passed unanimously. 10b. AMEND 2010 CITY COUNCIL MEETING SCHEDULE Councilmember Yelich moved and Councilmember Lasman seconded to amend the 2010 City Council meeting schedule to add joint Budget Work Sessions with Financial Commission on . 05/24/10 -5- DRAFT June 21, July 19, August 2, and August 16, and to cancel the October 4 meeting. • Motion . assed unanimously. Y 10c. AN ORDINANCE RELATING TO DANGEROUS DOG REQUIREMENTS; AMENDING CITY CODE SECTIONS 1 -250 TO 1 -300 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance to comply with State law. Councilmember Lasman moved and Councilmember Roche seconded to approve first reading of an Ordinance Relating to Dangerous Dog Requirements; Amending City Code Sections 1 -250 to 1 -300, and schedule second reading and Public Hearing for June 14, 2010. Motion passed unanimously. 10d. RESOLUTION NO. 2010 -87 APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2010 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. He recapped the settlements reached with the other unions and advised this agreement contains similar terms. • Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -87 Approving the Contract for Law Enforcement Labor Services (LELS) Local 86 and the City of Brooklyn Center for the Calendar Year 2010. Mayor Willson recognized that every union and City employee accepted a zero percent increase in wages this year. He commended City staff for working with the Council on the budget and advised that the Council had started action to reverse an increase in its own wages to a zero increase. Mr. Boganey concurred it was worthy to note that each bargaining unit of employees involved in discussions ultimately concluded that it was necessary and important during these times of budget restraint to accept and share the burden of the City's difficult financial situation. He commended all employees for recognizing that need and being understanding of the City's financial situation. It was noted that the City had also left several positions vacant in anticipation of receiving less State Aid than originally budgeted, requiring additional sacrifice by employees who have had to assume a larger work burden. Councilmember Yelich noted the existing wage schedule shows a zero percent wage increase but employees can receive a merit increase. Mr. Boganey indicated merit increases did remain in the contract as well as the insurance package. 05/24/10 -6- DRAFT Motion passed unanimously. • 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the following: • May 18, 2010, Tour of City parks in the southeast area with the Park and Recreation Commission. • May 21, 2010, Crime Prevention Golf Tournament and fund raising benefit. Councilmember Yelich recognized and congratulated Brooklyn Center High School graduates Tyler Erickson and Tippaket Thammavong for each receiving a four -year $16,000 scholarship from the Medtronic Foundation. Councilmember Lasman reported on her attendance at the following: • May 12, 2010, Crime Prevention Program. • May 21, 2010, Crime Prevention Annual Golf Fund Raiser. She thanked all who participated, donated prizes, and sponsored holes. • May 22, 2010, Town Hall Meeting with Representatives Debra Hilstrom and Michael Nelson, and Senator Linda Scheid. Councilmember Lasman announced the following upcoming events: • Crime Prevention members will be selling hotdogs at CUB Foods on June 5 -6, 2010. • • National Night Out Kickoff Parry will be August 2, 2010, at Central Park and National Night Out is scheduled for August 3, 2010. Councilmember Roche reported on his attendance at the following: • May 22, 2010, Town Hall Meeting with State representatives. Councilmember Roche announced upcoming registration dates for "Show Us Your Skills" youth football camps at Park Center High School and encouraged participation. He also announced the May 26, 2010, neighborhood get together at West Palmer Lake Park and opening of the Mango Tango Restaurant. Councilmember Ryan reported on his attendance at the following: • May 18, 2010, Rotary Luncheon at Crowne Plaza and outstanding performance by the Brooklyn Center High School band. He thanked the Rotary for its generosity in purchasing most of the instruments used by the band. • May 21, 2010, Crime Prevention Golf Tournament and that he had participated by sponsoring a hole. • May 22, 2010, Town Hall Meeting with Representatives Debra Hilstrom and Michael Nelson, and Senator Linda Scheid. Councilmember Ryan announced the upcoming May 26, 2010, community meeting at West Palmer Lake Park. . 05/24/10 -7- DRAFT • Mayor Willson reported on his attendance at the following: • May 11, 2010, meeting with City Managers, Police Chiefs, Mayors, and Recreational Directors to strategize on the future. Mayor Willson reviewed the names of 18 north suburban high schools where the Medtronic Foundation has awarded graduates with scholarships, equaling more than $1.5 million since 1999. Mayor Willson thanked the Medtronic Foundation for their generosity in supporting the City's schools and children. Mayor Willson announced the May 25, 2010, baseball game at the American Little League fields, where two teams will play the St. Paul Saints. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:45 p.m. Motion passed unanimously. • 05/24/10 -8- 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 MAY 24, 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 7:58 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, Acting Police Chief Kevin Benner, Director of Fiscal and Support Services Dan Jordet, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. JOHN RODER REQUEST TO RECONSIDER STERLING SQUARE RENTAL LICENSE REVOCATION • City Manager Curt Boganey reviewed the history of the action to revoke John Roder's rental license for one year and Mr. Roder's written and verbal statement including additional information indicating why he thought reconsideration was justified, important, and necessary. The question before the Council is whether or not, based on information received, this is an item worthy of review and possible reconsideration. Councilmember Ryan stated he had made it fairly clear at the hearing and when the resolution was approved that he did not favor a full year revocation. In light of the additional information on the hardship the owners experienced, he would support the Council considering Mr. Roder's request. However, he remained firm that the Council needed to be direct and supportive of ordinance enforcement and demand compliance. Councilmember Ryan indicated he would consider a license suspension so Mr. Roder would not have to reapply for his rental license. Councilmember Roche spoke in favor of consistent Council action and noted there had been recent police activity at this property and the landscaping was not maintained. Mr. Boganey clarified the full range of latitude before the Council is to consider a suspension for up to 90 days and/or a revocation up to one year. Mayor Willson acknowledged the apartment owner's recent health issues; however, the ownership involved a partnership and yet they did not make arrangements with the City to . 05/24/10 -1- DRAFT postpone and neither partner attended the hearing. He noted in the past the Council has been amenable to requests for postponement. Mayor Willson stated his belief the Council's action was warranted and that is still the case. Councilmember Lasman stated that she wants to remain firm on enforcement of ordinances and in the case of Mr. Roder had indicated at the time of revocation she would support either a six - month or one -year revocation. Councilmember Yelich agreed with the need to be firm to enforce the City's ordinances and while he was sympathetic with the owner's health issues, that is not pertinent to this consideration. He stated his continued support for the action taken to revoke as opposed to a suspension but was open to modifying the length of time. City Attorney Charlie LeFevere addressed the question raised at the last meeting regarding establishing precedence. He explained that while action would not establish a binding precedence, people would expect the same treatment. Mr. Boganey stated the Council's policy allows the audience to speak on a Work Session item after the Council has completed its discussion. Mayor Willson asked if the Council would like to open the floor to comment. No objection was stated. John Roder, 6610/6700 Humboldt Avenue N, informed the Council of their financial- related problems that required them to decide which bill to pay first. He advised that they are now current on taxes and utilities and their lack of attendance at the hearing had been an oversight due to miscommunication with his partner. He apologized for the overabundance of time the Council has spent related to this rental property, reviewed his and John Cook's residency in Brooklyn Center, and asked the Council to reconsider its action to revoke. The Council asked questions of Mr. Roder. It was noted that Mr. Roder had made a conscience decision to not pay property taxes and utilities and use income from this property to pay other bills. Mr. Roder stated this is correct but he knew he would eventually pay the property taxes and utilities. He advised that Sterling Square Apartments will be refinanced at the end of the year and they are considering several hundred thousand dollars of improvements over the winter. At the conclusion of the discussion, the Council indicated it was not inclined to make a change with regard to Mr. Roder's request. The Council agreed with Mr. Boganey's request to next consider Item #4. APARTMENTS WITH DELINQUENT PAYMENTS POLICY City Manager Curt Boganey reviewed the Council's past discussion whether rental property owners should be allowed to avoid the revocation or suspension hearing by making payments prior to the schedule hearing. The Council also questioned whether there should be additional penalties /fines to cover the City's costs to publish and mail notice of the hearing. Additional 05/24/10 -2- DRAFT issues are whether all violators should be treated the same or consideration given to first -time offenders as opposed to repeat offenders. • Mr. LeFevere stated the Council can also consider whether it wants to treat nonpayment of taxes and nonpayment of utilities at the same level of seriousness. He reviewed the details of his May 20, 2010, e-mail to City Manager Boganey that listed issues to consider in the formulation of a policy on the imposition of sanctions on rental properties that are not current in payment of taxes and /or utilities. Mr. LeFevere clarified that imposition of monetary penalties is not applicable to payment of taxes because that is County matter. The City currently charges penalties for nonpayment of utilities through an administrative penalty process. He explained the Council needed to look at this matter in the context of the Housing Ordinance; aesthetic violation versus life /safety violation, so the most serious penalty imposed is for violations deemed to be the most serious. The Council discussed each of the six issues put forward by Mr. LeFevere and reached the following consensus: 1. Does the Council wish to establish a reminder and rg ace period for payments? The Council discussed whether a 30 -day grace period was warranted and it was noted that the current process already includes a grace period. The Council agreed that the goal is to create responsible ownership of rental properties and creating a grace period would result in additional staff "babysitting" and overhead costs. 2. Does the Council wish to impose an administrative fine to encourage compliance without a hearing? Mr. LeFevere advised that the fine cannot be imposed the same day because all of the processes take some time. He asked when does the liability occur and if it should be one day after payment is due. He described several options for consideration, such as sending a reminder for the first violation with no consequence if paid in a week, no grace period if a second violation, and imposition of an administration penalty with a hearing if not paid within a certain period of time. In addition, if a hearing is scheduled for a first -time offender, there may be a different penalty depending on the number of violations with the same person. Following discussion, the consensus of the Council was to impose an administrative fine to encourage compliance and that the fine be set at a level to cover the City's costs and provide sufficient incentive to pay the utility bill as opposed to other bills. 3. Once the policy calls for setting a hearing the notice of hearing should inform the licensee of any relevant policy provisions. The consensus of the Council was to support Question #3 because it allows the Council, if desired, to consider past violations when imposing a penalty. 4. If the licensee pays before the hearing, does the Council wish to cancel the hearing? 05/24/10 -3- DRAFT Mayor Willson suggested cancellation the hearing if payment is made in advance of the hearing. He asked what would be considered at the hearing if the violation had been remedied. Councilmember Lasman spoke against canceling the hearing because some rental owners make the payment after the City has expended costs to schedule and notice the hearing. She stated it is her opinion that administrative fines weaken, not strengthen, the situation. Mayor Willson asked why a hearing would be needed if guidelines are adopted. Mr. LeFevere explained the City has to hold the hearing to gather evidence from staff to prove that the violation occurred and hear from the property owner. He noted the ordinance. requires the Council to state rationale and findings. Mayor Willson noted the hearing can only be held after payment if there is an ability to impose an administrative fine to cover staff and hearing costs. Followin g further discussion, the consensus of the Council was to not cancel the hearing if the violation is remedied prior to the hearing date. 5. If the matter proceeds to a hearing, the Council should take into consideration whether the licensee paid the delinquent amount before the hearing. The consensus of the Council was to remain firm on ordinance enforcement and to hold rental • owners accountable; however, leniency may be considered for first -time violators. 6. If the matter proceeds to hearing the Council may wish to consider including a guideline about the imposition of penalties. It was noted that establishing guidelines and policies on the consequences would protect the City and create a better position to defend the City should a lawsuit claim unfair treatment. Mr. LeFevere agreed that if the City has a policy, it removes the argument by someone that they are not being treated the same. Mr. LeFevere advised that a late payment resulting in a sanction of a six -month to one -year revocation, may result in rental owners being quick to bring legal challenges. That is why staff needs specific direction, to assure consistency so if legally challenged it can be proven that everyone has been treated the same way. Mayor Willson stated the last sentence indicating "that evidence introduced at the hearing ... may result in the imposition of a greater or lesser penalty" has some merit. He noted the rental owner is provided with the ordinance when the license is pulled so he did not understand why the City had to consider leniency. Mr. LeFevere advised that under the Code the Council can consider a range from doing nothing to a one -year revocation. If the Council establishes guidelines for the future, then all know what happens with first, second, or third violations. However, there may be some cases where the facts may find those guidelines are not appropriate. He explained if the 05/24/10 -4- DRAFT City follows that guideline, it is considered to be acting reasonably and rationally. If not using the guideline, the City would need to cite rationale. Mayor Willson asked whether the Council would still consider revocation if payment is made the day before or the day of the hearing. Mr. LeFevere advised that the rental owner paying the day before means they are no longer in violation; however, the owner was in violation when the hearing was noticed. He pointed out that most of the time, when the Council considers revocation or suspension of the license, it may be after the violations were cured. The offense does not stop just because it is corrected, and the City can sanction the behavior. If challenged, the court will decide whether the Council's action was a reasonable response under the City Code based on the nature and seriousness of the offense. The Council discussed the options and agreed that it is difficult to impose a law to achieve automatic compliance. However, the Council can take one step at this point and determine to hold the hearing even if payment is made. With regard to consideration of repeat violators, it was indicated that will be determined by the Council upon hearing the case and receiving staff's report on the history of the property. It was noted that whether a first -time or repeat violator, the hearing will be held but the Council's response could be different. Mr. LeFevere recapped the Council's discussion that the start of the process will not change up to the point of giving notice. Staff will assure those procedures are routine and consistent and all are treated the same. Once it goes to a hearing, the notice of hearing will indicate that the • hearing will be held even if the violation is resolved and also identify the frequency of offense. During the hearing, all offenses would be addressed by the Council when considering whether to impose a penalty. Mr. LeFevere advised that staff and the prosecuting attorney are in agreement that if imposing more severe sanctions for repeat violators, those violations need to be listed in the notice of hearing. The notice will indicate the Council will consider imposition of sanctions, list the violations, and that hearing will be held whether or not payment is made prior to the hearing. The Council discussed how notice of this new procedure should be given to rental owners. Mr. Boganey recommended it be provided at the time of licensure and /or renewal. The Council suggested an article also be included in City Watch. Mayor Willson called a recess at 9:49 p.m. The meeting was reconvened at 9:54 p.m. 6101 BEARD — 6037 BROOKLYN BOULEVARD UPDATE City Manager Curt Boganey stated this item involves a 180 -day report regarding the neighborhood of 61 Avenue and Brooklyn Boulevard activities in response to concerns. Acting Police Chief Benner presented the update and advised of notable reductions in public service calls. He recommended an annual review from this point forward. 05/24/10 -5- DRAFT The Council discussed the calls for service and asked about the April calls. Acting Police Chief Benner explained that five of the calls related to a wanted person report but all were unfounded. The Council acknowledged the good Police work in this neighborhood and agreed that while community standards need to be maintained, it is now prudent to shift resources to address other areas in need. Chief Benner agreed with the need to bring in community standards and that they had, perhaps, focused too much on violent crimes. He reported on the property owner's progress and efforts to be more compliant. BUS SHELTER LOCATION POLICY Director of Business and Development Gary Eitel presented the criteria used by Metro Transit to determine warrants to construct a bus shelter and that their guidelines are qualified due to budget constraints. He used a map to point out the sites that meet warrants for a bus shelter and explained Metro Transit's option to proceed with a location that does not quite meet warrants at the City's expense. It was noted that at warranted sites, Metro Transit provides and maintains the shelter but not the bench or trash receptacles. The Council discussed each of the four policy questions and reached the following consensus: 1. Does the City Council want potential bus shelter locations to be reviewed by the Administrative Traffic Committee before requests for warranted locations are submitted to Metro Transit? The Council supported this policy question. Pp p Y q 2. _Does the City Council want to use the Metro Transit warrant criteria (minimum of 25 ridership) as the sole standard for the location of bus stop shelters to serve the residential, business and employment needs within the City of Brooklyn Center? The Council supported this policy question. 3. Does the City Council want to pursue the Local Public Party option of placing bus shelters at bus stops which currently do not meet the Metro Transit warrants /criteria of minimum daily ridership? The Council did not support this policy question due to the City's limited resources. 4. Does the City Council want staff to process requests for Metro Transit installation of standard shelters at the locations which currents meet warrant criteria of 25 or more daily ridership? The Council discussed the locations and level of ridership. Mr. Boganey suggested that rather than assuming each location that meets warrants is a reasonable location, staff look at the location and report back with a recommendation. 05/24/10 -6- DRAFT Mr. Eitel reported on staff's conversations with Hennepin County Public Services and that there is currently not enough ridership along Brooklyn Boulevard to trigger the threshold for a bus stop. Councilmember Roche advocated for a bus shelter at Humboldt Square because of the high concentration of apartments and ridership of women and children. He felt this is the first shelter that should be built and garbage receptacles should also be provided. With regard to a shelter in front of the garage, he suggested TIF money be used if the City cannot get a free shelter. STATE FUNDED LOCAL GOVERNMENT AID POLICY City Manager Curt Boganey explained this is follow up to budget discussions and advised the City will most likely sustain additional funding cuts by the State. He referenced staff's memorandum that described the benefit of creating a policy to deal with unpredictable and volatile budget sources and noted options are outlined for the Council's consideration. The Council discussed the options and agreed it would be a good strategic move and business practice. Mr. Boganey advised the State Auditor's guidance is that having five months of operations is considered reasonable for cash flow purposes. Once beyond five months, the State Auditor will question the necessity of an undesignated fund balance. He suggested having sufficient funds in an undesignated fund in case the State pulls back funding. The majority consensus of the City Council was to ask the Financial Commission to provide a • recommendation on specific policy options. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Roche seconded adjournment of the City Council/Economic Development Authority Work Session at 10:58 p.m. Motion passed unanimously. • 05/24/10 -7- 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 JOINT WORK SESSION WITH FINANCIAL COMMISSION JUNE 7, 2010 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:32 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, and Mark Yelich. Councilmember Dan Ryan arrived at 6:35 p.m. Also present: City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet, Assistant Finance Director Clara Hilger, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Philip Berglin, Steve Landis, Susan Shogren Smith, • and Rex Newman. Financial Commissioner Dan Schueller arrived at 6:37 p.m. A motion by Councilmember Lasman, seconded by Councilmember Roche to approve this evening's agenda. Motion passed unanimously. AUDITOR REPORT AND MANAGEMENT LETTER Malloy, Montague, Karnowski, Radosovich, & Company, P.A. had been selected for the City's Auditing Firm and Jim Eicthen was introduced to review the City's Management Report and Special Purpose Audit Reports. Mr. Eichten outlined the auditor's role and informed that as part of the audit's findings, there were two matters involving the City's internal control over financial reporting. Mr. Eichten summarized the two internal control findings as follows: 2009 -1 Preparation of Adjusting Journal Entry During the audit it was noted that a material adjusting journal entry was made by the City to make the general ledger fairly stated. Auditing standards recently issued consider the identification by the auditor of a material misstatement that was not initially identified by the audit entry to be a material weakness in the related internal control. 06/07/10 -1- DRAFT 2009 -2 Lack of Management Ap rp oval • It was noted that one area within the accounting and reporting internal accounting control systems lacked management approval: • There is no approval of payroll by management, nor are payroll registers reviewed throughout the year. The allocation of payroll costs should also be monitored and approved by Department Heads on a periodic basis. Mr. Eichten discussed and informed that pages four through nineteen. of the Management Report were financial results and pointed out benchmarks for Legislation, Federal Recovery Act, Property Taxes, Taxable Market Values and Tax Capacity, Governmental Funds Revenue per Capita, General Fund Balance and Expenditures, Operating Revenue and Income (Loss), Utility Funds, Enterprise Funds, and Statement of Net Assets. Mr. Eichten wrapped up his summarization informing that the City had once again received a clean opinion on their financial statement, had eliminated prior year findings, and overall is improving the financial condition in the City's General Fund. Fiscal and Support Services Dan Jordet outlined the information that was provided this evening with regards to the 2009 Comprehensive Annual Financial Report (CAFR) for the year ended December • 31, 2009, and informed that future budget work sessions the Council and Financial Commission will need to look at what needs to be considered for 2011 and 2012. Fiscal and Support Services Director Jordet informed that if there were no objections to the Audit Report and Management Letter, those items will be on the June 28, 2010, City Council Agenda for approval and adoption. ADJOURNMENT Councilmember Lasman moved and Councilmember Yelich seconded to adjourn the Work Session at 7:43 p.m. Motion passed unanimously. • 06/07/10 -2- DRAFT City Council Agenda Item No. 6b • • COUNCIL ITEM MEMORANDUM DATE: June 8, 2010 TO: Curt Bo ane City Manager g Y� Y FROM: Maria Rosenbaum, Deputy City Clerk _A SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its June 14, 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. AMUSEMENT DEVICES Dandy Amusements International, Inc. 6420 Camden Avenue N GARBAGE HAULER Allied Waste Services of North America LLC P.O. Box 39, Circle Pines Aspen Waste Systems, Inc. 2951 Weeks Avenue N, Minneapolis Darling International, Inc. 9000 382 ❑d Avenue, Blue Earth Randy's Environmental Services P.O. Box 169, Delano Walters Recycling & Refuse P.O. Box 67, Circle Pines Walz Brothers Sanitation P.O. Box 627, Maple Grove MECHANICAL Bob's Heating & Air 1123 W Linden Street, Stillwater Bonfe's Plumbing, Heating, & Air 505 Randolph Avenue, St. Paul Brooklynaire 8205 Groveland Road, Moundsview Dakota Mechanical of MN 575 Minnehaha Avenue W, St. Paul Ductworks Heating Air 6108 Olson Memorial H Golden Valle g Hwy, Y Edina Heating and Cooling 15753 Cedar Ridge Road, Eden Prairie Flare Heating and Air 9303 Plymouth Avenue, Golden Valley Fore Mechanical 3102 103 Lane NE, Blaine Groff s Heating and Air 3255 131 W, Rosemount Liberty Comfort Systems 627 E River Road, Anoka Marsh Heating & A/C 6248 Lakeland Avenue N, Brooklyn Park Otsego Heating & Air 21 1" Steet NW, Osseo Ray Welter Air Conditioning 4637 Chicago Avenue, Minneapolis Superior Heating & Air 3731 Thurston Avenue NW, Anoka • Trane 775 Vandalia Street, St. Paul Mission: Gnsurin, an attraetive, clean, safe= cvnuntinity that enhances the duality of life anti preserves the public trust COUNCIL ITEM MEMORANDUM RENTAL See attached reports. • SIGN HANGER L & D Sign 6045 Lake Elmo Avenue, Stillwater Budget Issues: There are no budget issues to consider. i Afission: insuring an attractive, clean, safe rownunity that enhances the duality oflife and preserves the public trust Rental Licenses fpr ouncil Approva June 14, 2010 Rental Standards Prior to March 6, 2010 IM < ` hcai ce Utilities Assessin Inspector Gler�c Clerk 3 Clerk iDvue ng �> Renewa `. Cas or Unpai Unpai Type or Initial' Owner. Service Utilities:, Taxes 6807 Humboldt Ave N #C301 Single Family Initial Raymond Charest 0 OK OK 1 Bidgs 4408 69th Ave N 4 units Renewal Eugene & Diane Wright 0 OK OK 5256 Twin Lake Blvd E Two Family (1) Renewal Brian Somkhan 0 OK OK 907 57th Ave N Single Family Renewal David La Favor 0 OK OK 4213 63rd Ave N Single Family Renewal Bryan Friendshuh 0 OK OK 5812 Camden Ave N Single Family Renewal Roberto Miguel Rodriquez 0 OK OK 5420 Girard Ave N Single Family Renewal Scot Sorum 0 OK OK 4207 Lakeside Ave #226 Single Family Renewal Beach Condominium Association 0 OK OK , n r s \ Current Rental Standards W x, 3 a � '•s•; .,s. \�,� >."° s " r N � �F €rR:^ tea", , �v: e ,5 -� 3 ° ^s f :� =gym � a �r. •..;i+' �F „ -. �.. t �. . �. •4"; � . F \ 3223 49th Ave N Single Family Initial Wade Klick 0 II 1 II OK OK 5424 70th Cir Single Family Initial John Huntley 2 II 0 II OK OK 6931 Toledo Ave N Single Family Initial Jason Schubert 0 II 0 II OK OK 5235 Drew Ave N Two Family (1) Renewal Jay Nelson Battenberg 0 1 0 1 OK OK 4214 Lakeside Ave Two Family (1) Renewal James Shoultz 5 III 0 III OK OK 5300 -04 Vincent Ave N Two Family (2) Renewal Steven & Debra Elhardt 0 1 1 1 OK OK 5630 Irving Ave N Single Family Renewal Mary Gilleshammer 0 1 0 1 OK OK 5925 Washburn Ave N Single Family - Renewal Cheng Lor 2 II 0 II OK OK * CFS = Calls For Service ** Final License Type Type 1 = 3 year Type II = 2 year Type III =1 year Type IV = 6 mos City Council Agenda Item No. 6c • • COUNCIL ITEM MEMORANDUM • DATE: June 8, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer P P} SUBJECT: Resolution Approving Change Order No. 1, Improvement Project Nos. 2009 -05, 15 & 16, Contract 2009 -13, Shingle Creek Parkway and 69 Avenue Street Improvements and 2009 City Trail Improvements Recommendation: It is recommended that the City Council approve the Resolution for Change Order No. 1, Improvement Project Nos. 2009 -05, 15 and 16, Contract 2009 -B, Shingle Creek Parkway and 69 Avenue Street Improvements and 2009 City Trail Improvements. Background: On August 10, 2009, the City Council awarded a contract to North Valley, Inc., of Nowthen, Minnesota for the Shingle Creek Parkway and W h Avenue Street Improvements and the 2009 City Trail Improvements. The project began in August 2009, and is anticipated to be finalized by the end of June 2010. The following represents an originally unanticipated item and is included in Change Order No. 1 that is recommended to amend the Contract to complete the project. • 1. Root barrier — Durin g the construction of the trails in Central Park, adjacent willow trees and their roots were identified that were causing issues with the bituminous trails (e.g. roots causing bulges in the trail surface). 700 feet of a vertical geosynthetic fabric barrier system were installed that will help protect the new trail from root intrusion of the trees growing along the trail Estimated Additional Cost: $7,140.00 Budget Issues: The attached resolution authorizes Change Order No. 1 for the project. The original contract amount was $978,441.69. Change Order No. 1 increases the contract amount to $985,581.69. The total amount of Change Order No. 1 $7 140.00 represents less than one percent of the g ( ) 1 P ()P original contract amount and is within the project's budgeted contingency amount ($97,000.00). Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Pg h' Pr' _Mission: L'Ilmi vu" art uttrurtirr, circa, s(I& rrunuutuit1 dart enhatu the quality of lift oral presertes the public tru.A its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2009 -05, 15 & 16, CONTRACT 2009 -13, SHINGLE CREEK PARKWAY and 69 AVENUE STREET IMPROVEMENTS AND 2009 CITY TRAIL IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, North Valley, Inc. of Nowthen, Minnesota was instructed to complete additional work as itemized on Change Order No. 1 for Contract 2009 -B; and WHEREAS, said additional work was not included in the original Contract, but is deemed necessary to properly complete the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Change Order No. 1 in the amount of $7,140.00 for Contract 2009 -B is hereby approved. The revised contract amount is as follows: Original Contract Amount $978,441.69 • Change Order No. 1 $ 7,140.00 Revised Contract Amount $985,581.69 June 14, 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. • City Council Agenda Item No. ?a COUNCIL ITEM MEMORANDUM DATE: June 2, 2010 • TO: Curt Boganey, City Manager FROM: Kevin Benner, Interim Chief of Police V SUBJECT: Recognition for Retiring Officer Dwayne Holmstrom Recommendation: It is recommended that the Council consider to recognize Officer Dwayne Holmstrom for over twenty years of his service to the City of Brooklyn Center. Background: Attached please find a City Council resolution expressing appreciation to Officer Dwayne Holmstrom who will be retiring effective June 30, 2010, after over 20 years of dedicated service to the City of Brooklyn Center. Budget Issues: • There are no budget issues to consider. Council Goals: Not applicable s . trt. 1 €ar €: =t:tx* t1€r * a € €€ acr tsrct pit, r.Irtz a , €€ c cc¢trrrar €r €city that enhances the qualify trf lift and preserves the public fn't t adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF OFFICER DWAYNE HOLMSTROM WHEREAS, Officer Dwayne Holmstrom was hired as a police officer by the City of Brooklyn Center Police Department, on March 11, 1990; and WHEREAS, Officer Dwayne Holmstrom has served as the department's Field Training Officer and was instrumental in training and serving as a role model to multiple new officers; and WHEREAS, Officer Dwayne Holmstrom has served as advisor and leader of the Brooklyn Center Explorer Post #888; and WHEREAS, Officer Dwayne Holmstrom has received numerous commendations for outstanding police work and has received letters of thanks from numerous citizens for assistance that he has rendered; and WHEREAS, his dedicated public service and civic effort for the betterment of • the community merit gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that the dedicated public service of Officer Dwayne Holmstrom is hereby recognized and appreciated by the City of Brooklyn Center. June 14, 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. • City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: June 8, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: An Ordinance Relating to Dangerous Dog Requirements; Amending City Code Sections 1 -250 to 1 -300 Recommendation: It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Relating to Dangerous Dog Requirements; Amending City Code Sections 1 -250 to 1 -300. Background: On May 24, 2010, the City Council approved first reading of An Ordinance Relating to Dangerous Dog Requirements, Amending City Code Sections 1 -250 to 1 -300. Assistant City Attorney Mary Tietjen has drafted an amendment to Chapter 1 of the City Code of Ordinances relating to dangerous dog requirements. Attached is a memorandum from Ms. Tietjen outlining the need to amend this section of the City Code. Attached also is Minnesota Statutes, Sections 347.50 to 347.565. • The second reading and Public Hearing are scheduled for this evening. Notice of Public Hearing was published in the Brooklyn Center Sun -Post newspaper on June 3, 2010. If adopted, effective date will be July 24, 2010. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will ensure a safe and secure community i W Mission: Ensuring all attractive., clean, safe community that enhances the quality of life and preserves the public. trust COUNCIL ITEM MEMORANDUM DUM DATE: May 17, 2010 • TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk �CMw `�' hi , C SUBJECT: An Ordinance Relating to Dangerous Dog Requirements; Amending City Code Sections 1 -250 to 1 -300 Recommendation: It is recommended that the City Council consider approval of first reading of An Ordinance Relating to Dangerous Dog Requirements; Amending City Code Sections 1 -250 to 1 -300 and schedule second reading and Public Hearing for June 14, 2010. Background: Assistant City Attorney Mary Tietjen has drafted an amendment to Chapter 1 of the City Code of Ordinances relating to dangerous dog requirements. Attached is a memorandum from Ms. Tietjen outlining the need to amend this section of the City Code. Attached also is Minnesota Statutes, Sections 347.50 to 347.565. Budget Issues: There are no budget issues to consider. • Council Goals: Strategic: 1. We will ensure a safe and secure community • Mission: Ensuring an attractive., clear, safe community that enhances the quality of life and preservers the public trust . . • a � z � � � ��� Mary D. Tietjen Syr 470 US Bank Plaza ' 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9277 telephone (612) 337 -9310 fax mtietjen @kennedy- graven.com htti)://www.kennedy-graven.com CHARTERED MEMORANDUM To: Brooklyn Center City Council Curt Boganey, City Manager Sharon Knutson, City Clerk From: Mary Tietjen Date: May 11, 2010 Re: Amendments to Dangerous Dog Ordinance • Attached for the Council's consideration are draft amendments to the City's ordinance regulating potentially dangerous and dangerous dogs. The amendments incorporate changes that were made to the state law last year, as well as some more minor house - keeping changes that resulted from the experience of the Animal Control Review Panel. Amongst other changes, the state statute was amended to require that the provisions in state law "must be enforced by animal control authorities or law enforcement agencies, whether or not these sections have been adopted into local ordinance." Minn. Stat. § 347.564. Thus, because the City is required to enforce certain provisions in the state statute, we are recommending that these provisions be reflected in the City's ordinance for ease of reference by both staff and residents. cc: Charlie LeFevere 368376v1 MDT BR291 -4 CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 14th day of June, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, at City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Relating to Dangerous Dog Requirements; Amending City Code Sections 1 -250 to 1 -300. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 612 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO DANGEROUS DOG REQUIREMENTS; AMENDING CITY CODE SECTIONS 1 -250 TO 1 -300 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 1 -250 of the Brooklyn Center City Code is amended as follows: Section 1 -250. DEFINITIONS. For the purposes of Sections 1 -250 through 1 -280, the terms defined in this Section shall have the meaning given them. Terms not defined in this Section shall have the meaning given them in Section 1 -101 of this Code. 1. Dangerous dog_ Dangerous dog means any dog that has: a. without provocation, inflicted substantial bodily harm on a human being or domestic animal on public or private property; tl . killed a c a cvrmestr' i ve ^ apAmal `v'itheu4 preveeatie while l o f_ the eyffi b. E been found to be potentially dangerous and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals; or c. d been determined to be a dangerous dog by the City or 'any other governmental jurisdiction. 2. Potentially dangerous doh Potentially dangerous dog means any dog that: a. when unprovoked, has inflicted s a bites on a human bein or domestic animal on public or private property; i ORDINANCE NO. b. when unprovoked, has chaseds or approacheds a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; C. has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals; or d. has been determined to be a potentially dangerous dog by the -City -e any other governmental jurisdiction. 3. Proper Enclosure. Proper enclosure means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. 4. Owner. Owner means any person, firm, corporation organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog. 5. Great bodily harm. Great bodily harm means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. 6. Substantial bodily harm. Substantial bodily harm means bodily injury which invokes a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. 7. Animal control officer. Animal control officer means an individual who has been designated for animal control operations within the jurisdiction of the City. 8 City Manager. Cily Manager means the City Manager or the City Manager's desig ee. 9. Provocation. Provocation means an act that an adult could reasonably expect may cause a dog to attack or bite. • ORDINANCE NO. Section 2. Section 1 -255 of the Brooklyn Center City Code is amended as follows: Section 1 -255 DECLARATION OF DANGEROUS OR POTENTIALLY DANGEROUS DOGS. 1 Adoption by Reference Except as otherwise provided in Sections 1 -250 to 1- 300 the re ug latory and procedural provisions of Minnesota Statutes sections 347.50 to 347.565 are adopted by reference. 2. Declaration by Police or Animal Control. A police officer, community service officer, or animal control officer may declare a dog to be dangerous or potentialldangerous. 3. Exceptions. a The provisions of Sections 1 -250 to 1 -300 do not apply to dogs used by law enforcement officials for police work. b. Dogs may not be declared dangerous or potentially dangerous if the threat injury or danger was sustained by a person who was: i) committing a willful trespass or other tort upon the premises occupied by the owner of the dog, • ii) provoking tormenting abusing or assaulting the dog, or who can be shown to have a history of rMeatedly provoking tormenting abusing, or assaulting the dog, iii) committing or attempting to commit a crime. 4.4-. Notice to Owner. If the , * ' ef fieer- a + ° ° ft°" an kwesfigafie .. that a dog is declared potentially dangerous or dangerous according to the criteria in Section 1 -250 (1) or (2), the animal control officer will give notice, by delivering or mailing it to the owner of the dog, serve ° notice of intent on the own of the deg to declare the dog potentially dangerous or dangerous. Such notice shall inform the owner of this designation, the basis for the designation, the procedures for contesting the designation as described in Section 1 -255 (5)(a) and the result of the failure to contest the designation as described in Section 1- 255(5)(b). Upon receipt of notice of intent, the dog owner must comply with the requirements of Section 1 -270.1 and continue to comply with such requirements until the dog is dead or removed from the City, or the City has determined that the dog is not dangerous or potentially dangerous. The owner shall be informed of this requirement in the notice of intent. 5.2-. Contesting Declaration of Dangerous or Potentially Dangerous Dogs. a. If the owner of a dog has received a notice of intent under Section 1 -255 (4), the owner may request that a hearing be conducted to determine • whether or not such a designation is justified. Such request must be made ORDINANCE NO. in writing and delivered to the City Manager within 14 days of receipt of the notice of intent. b. If the owner fails to contest the notice of intent within 14 days, the owner forfeits the right to a hearing and the declaration of the dog as potentially dangerous or dangerous is final. The City Manager will then issue a declaration to the owner and the owner must comply with all applicable requirements of this Section or cause the dog to be humanely destroyed or removed from the City limits. 6. 3 Hearing Procedure. Within ten days after receiving the owner's request for a hearing, the City Manager will notify the dog owner of the hearing date. The hearing will be scheduled within forty -five days. The hearing will be conducted by the Animal Control Review Panel, which will consist of three members, as appointed by the Mayor. The owner may call witnesses and present evidence on his or her behalf. A simple majority of the members of the Panel is necessary for a finding that the dog is either dangerous or potentially dangerous. The Panel will mus inform the owner of its decision in writing and must state the reasons for its decision. • 7. 4: Effect of Findings. If the Panel finds that there is a sufficient basis to declare the dog potentially dangerous or dangerous, the owner must immediately comply with all applicable requirements of Sections 1 -265 to 1 -270 this Ordinanee or immediately cause the dog to be humanely destroyed or removed front the City limits. 8. -5-: Appeal. If the owner of the dog disputes the decision of the Panel, the owner may appeal the decision of the Panel to the City Council. An appeal to the City Council must be in writing and submitted to the City Manager within 14 days of the Panel's decision. The owner may appeal the decision of the City Council in accordance with procedures under state law. Section 3. Section 1 -260 of the Brooklyn Center City Code is amended as follows: Section 1 -260 REVIEW OF DECLARATION. Beginning six months after notice is given of intent to declare a dog is deel r °a a to be potentially dangerous or dangerous dog, an owner may request annually that the Animal Control Review Panel A CentT-el ^ffieer- review the designation. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the Panel Animal Gentfel Offieef finds sufficient evidence that the dog's behavior has changed, it may rescind the potentially dangerous or dangerous designation. be reseinded. ORDINANCE NO. Section 4. Section 1 -265 of the Brooklyn Center City Code is amended as follows: Section 1 -265 REGISTRATION. 1. Requirement. No person may own a potentially dangerous or dangerous dog in the City unless the dog is registered as provided in this Section. 2. Certificate of Registration. The City Manager will issue a certificate of registration to the owner of a potentially dangerous or dangerous dog if the owner presents sufficient evidence that: a. a proper enclosure exists for the dog and all accesses to the premises are posted with clearly visible warning signs issued or approved by the Animal Control Officer, that there is a potentially dangerous or dangerous dog on the property; b. in the case of a dangerous dog only, a surety bond to be held by the City Clerk has been issued by a surety company authorized to conduct business in this state in a form acceptable to the City Clerk and the City Attorney in the sum of at least $300,000, payable to any person injured by the dangerous dog, or a policy of liability insurance has been issued by an insurance company authorized to conduct business in this state in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog; C. the owner has paid the annual registration fee as provided for in this Section; and d. the owner has had microchip identification implanted in the dangerous dog or potentially dangerous dog as required under Minn. Stat. § 347.515. I 3. Warning Sign. If the City issues a certificate of registration to the owner of a d der Section 1 -265 2 the Ci ty potentially dangerous do or dan Brous o unde p Y g g g �) will provide, for posting on the owner's property, a copy of a warning symbol to inform children that there is a dangerous dog on the property. The City may charge the dog owner a reasonable fee to cover its administrative costs and the costs of the warning symbol. 4. Fee. The City will charge the owner an annual fee to obtain a certificate of registration for a potentially dangerous or dangerous dog. 5. Tag. A potentially dangerous or dangerous dog registered under this Section must have a tag, issued by the City, identifying the dog as potentially dangerous or dangerous. This tag must be affixed to the dog's collar and worn by the dog'at • all times. ORDINANCE NO. the • threat > a. w h o eeffffnitfin t 4� ,:111;,1 tfe o 4 r t „ ., the °� ^ wig urvu uiv eupied by the owner- ef the dog; b. w tefffiefAing, abu assa ultin g the dog a er- cur- vc— snvv�rr't6- ra in the , .•, teffnenledi abused > Taw . Tl.^ of this de n ap ' �E�if6i'eel�ent�xe�t�6 ..�, � uy y. j' « to , Section 5. Section 1 -270 of the Brooklyn Center City Code is amended as follows: Section 1 -270 POTENTIALLY DANGEROUS AND DANGEROUS DOGS; ADDITIONAL REQUIREMENTS. 1. Enclosure and Proper Restraint An owner of a potentially dangerous or dangerous dog shall keep the dog, while on the owner's property, in a proper enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. 2. Registration Renewal. An owner of a potentially dangerous or dangerous dog must renew the registration of the dog annually until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered as a potentially dangerous or dangerous dog in its new jurisdiction. 3. Death or Transfer. An owner of a potentially dangerous or dangerous dog must notify the City Manager in writing of the death of the dog or its transfer, and must, if requested by the Cily Manager Animal Ce 9ffieer execute an affidavit under oath setting forth either the circumstances of the dog's death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred. 4. Sterilization. The animal control officer shall require a potentially dangerous or dangerous dog to be sterilized at the owner's expense. If the owner does not • have the animal sterilized within 30 days, the animal control officer shall have the animal sterilized at the owner's expense. The owner may contest and appeal a decision by "nkn l Centf Offie requiring a dog to be sterilized in ORDINANCE NO. • accordance with the procedures set forth in Section 1 -255 (5)(a). 5. Rental Property. A person who owns a potentially dangerous or dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a potentially dangerous or dangerous dog that will reside at the property. A dog owner, who is currently renting _prope , must notify the property owner within 14 days of City notification if the dog is newly declared as dangerous or potentially dangerous and the owner keeps the dog on the property. 6. Sale. A person who sells a potentially dangerous or dangerous dog must notify the purchaser that the Aiiifna4 Gentfel Offieef has ideiififie the dog has been declared as potentially dangerous or dangerous. The seller must also notify the City Manager with the new owner's name, address, and telephone number. Section 6. Section 1 -275 of the Brooklyn Center City Code is amended as follows: Section 1 -275 SEIZURE. 1. Immediate Seizure. • a. The animal control officer or any police officer or community service officer may immediately seize any potentially dangerous or dangerous dog if- a-. L 3 after 14 days after the owner has notice that the dog is potentially dangerous or dangerous, the dog is not registered as required under Section 1 -265 and no appeal has been filed b. (2) in the case of a dangerous dog, v after 14 days after the owner has notice that the dog is dangerous, the owner does not secure the proper liability insurance or surety coverage as required under Section 1- 265 (2) (b); c (D the dog is not maintained in the proper enclosure; the dog is outside the proper enclosure and not under physical restraint of responsible person as required under Section 1- 270.1 or after the owner has been notified that the dog is potentially dangerous or dangerous, the dog bites or attacks a person or domestic animal; or • ORDINANCE NO. • (6) the dog is not sterilized within 30 days pursuant to Section 1- 270.4. b. If an owner of a dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog_ 2. Reclaimed. A potentially dangerous or dangerous dog seized under Section 1- 275 (1) may be reclaimed by the owner of the dog upon payment of impounding and boarding fees, and presenting proof to the animal control officer that the requirements of Section 1 -265 and Section 1 -270 will be met. A dog not reclaimed within seven days of seizure may be disposed of as provided in Minn. Stat. §35.71, subdivision 3. The owner is liable to the City for costs incurred in confining and disposing of the dog. 3. Subsequent Offenses. If a person has been convicted of a misdemeanor for violating a provision of Section 1 -265 or 1 -270, and the person is charged with a subsequent violation relating to the same dog, the animal control officer must may seize the dog. If the owner is convicted of the crime for which the dog was seized, the C-ty court shall may order that the dog be destroyed the deg in a proper and humane manner and the owner is responsible for paying the cost of confining and destroying the animal. If the person is not convicted of the crime for which the dog was seized, the owner may reclaim the dog upon payment to the City of a fee for the care and boarding of the dog. If the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of as provided under Minn. Stat. § 35.71, subdivision 3. The owner is liable to the City for the costs incurred in confuting, impounding and disposing of the dog. 4. Disposition of Seized Dogs. a. Right to a Heariniz. The owner of any seized dog has the right to a hearing by the Animal Control Review Panel. The notice and hearing requirements in Section 1 -255 will apply to a hearing requested under this section. Any hearing requested under this section will be held within 14 days of the request. In the event that the seizure is upheld by the Panel, actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the dog owner. The Panel will issue a decision within ten days after the hearing_ The decision will be hand- delivered to the dog's owner or delivered via registered mail as soon as practical and a copy will be provided to the animal control officer and City _Manager_ b. Security. A person claiming an interest in a seized dog may prevent disposition of the dog by posting security in an amount sufficient to provide for the dog's actual cost of care and keeping. The security must ORDINANCE NO. • be posted within seven days of the seizure inclusive of the date of seizure. Section 7. Chapter 1 of the Brooklyn Center City Code is amended by adding the following new Section 1 -276: Section 1 -276. RESTRICTIONS ON DOG OWNERSHIP. 1. Dog ownership prohibited. Except as provided in paragraph 3 of this Section, no person may own a do if f the person has been: a. convicted of a third or subsequent violation of Sections 1 -265 or 1 -270 or Minnesota Statutes, section 347.515, b. convicted of 2 nd degree manslaughter due to negligent or intentional use of a dog under a violation under Minnesota Statutes, section 609.205, clause 4: C. convicted of a gross misdemeanor harm caused by a dog under Minnesota Statutes, section 609.226, subdivision 1; d. been convicted of a violation under Minnesota Statutes, section 609.226, • subdivision 2, e. had a dog ordered destroyed under Section 1 -280 and been convicted of one or more violations of Section 1 -265 1 -270 Minnesota Statutes sections 347.515 or 609.226, subd. 2. 2. Household members. If any member of a household is prohibited from owning a dog under paragraph 1 unless specifically approved with or without restrictions by the Ci . , no person in the household is permitted to own a doh 3, Dog ownership prohibition review. Beginning three years after a conviction under Section 1 -276(1 ) that prohibits a person from owning a dog, and annually thereafter, the person may request in writing: to the City Manager that the Animal Control Review Panel review the prohibition. The Panel may consider such facts as the seriousness of the violation or violations that led to the prohibition, any criminal convictions or other facts that the Panel deems appropriate. The Panel may rescind the prohibition entirely or rescind it with limitations. The Panel also may establish conditions a person must meet before the prohibition is rescinded, including but not limited to successfully_ completing dog training or dog handling courses. If the Panel rescinds a person's prohibition and the person subsequently fails to comply with any limitations imposed by the City or the person is convicted of any animal violation involving unprovoked bites or dog . attacks the Panel may permanently prohibit the person from owning a dog in this state. ORDINANCE NO. • Section 8. Section 1 -280 of the Brooklyn Center City Code is amended as follows: Section 1 -280 DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES. 1. Circumstances. Notwithstanding Sections 1 -265 to 1 -27 -56, a deg that i flie4s_ subs4anfial ef- great bodily hafm en a human: being en publie er- pfi-,�ate pfope vAtheut pfeveeafieft may be des4eyed in a proper- and h:umaae manner- by the exeept as authorized under Seetion 1 ilk a dog may be ordered destroyed in a proper and humane manner by the animal control officer if the dog: a. inflicted substantial or great bodily harm on a human being on public or private property without provocation; b. inflicted multiple bites on a human being on public or private property without provocation; C. bit multiple human victims on public or private property_ in the same attack without provocation; d. bit a human on public or private property without provocation in an attack where more than one dog participated in the attack, or 2. Hearing. The animal control officer may not destroy the dog until the dog owner has had the opportunity for a hearing before the Animal Control Review Panel. Section 9. Section 1 -300 of the Brooklyn Center City Code is amended as follows: Section 1 -300 PENALTY. 1. Any person violating the provisions of Sections 1 -265 or 1 -275, , er- any eenditrofts ef a Tieense shall, upon conviction thereof, be guilty of a misdemeanor and shall be subject to penalties specified for misdemeanors in Minnesota Statutes, section 609.03, as amended from time to time. a fine of not . Each day that a violation exists shall constitute a separate offense. 2. It is a misdemeanor to remove a microchip from a dangerous or potentially dangerous dog, to fail to renew the registration of a potentially dangerous or dangerous dog, to fail to account for a dangerous dog's death or change of . location where the dog will reside to sign a false affidavit with respect to a dangerous dog's death or chanize of location where the dog will reside, or to fail ORDINANCE NO. • to disclose ownership of a dangerous dog to a property owner from whom the person rents property. 3. A person who is convicted of a second or subsequent violation of paragraphs (1) or (2 ) is guilty of a gross misdemeanor. 4. An owner who violates Minnesota Statutes section 347.542 or Section 1 -276 of this Code is guilty of a gross misdemeanor. 5. Any household member who knowingly violates Minnesota Statutes, section 347.542, subdivision 2, or Section 1 -276 of this Code is guilty of a gross misdemeanor. Section 10. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2010. Mayor a ATTEST: City Clerk Date of Publication: Effective Date: • 13 MINNESOTA STATUTES 2009 347.50 as Y though reviewed b certiorari, except that new or additional evidence may be taken, if in the g P opinion of the court additional evidence is necessary or proper to the disposition of the case. History: 1967 c 695 s 8; 1980 c 467 s 42; 1987 c 380 art 3 s 8 347.39 PENALTIES. Violation of any provision of sections 347.31 to 347.40 or of any rule of the Board of Animal Health issued pursuant to sections 347.31 to 347.40, or operation of a kennel or as a dealer without a license, or operation of a kennel or as a dealer after revocation of a license or during a period of suspension, shall constitute a misdemeanor. History: 1967 c 695 s 9; 1980 c 467 s 43; 1987 c 380 art 3 s 9 347.40 EXCEPTIONS. Sections 347.31 to 347.40 shall in no way apply to any veterinarian licensed to practice in the state of Minnesota who keeps, congregates, or confines dogs or cats in the normal pursuit of the practice of veterinary medicine. History: 1967 c 695 s 11; 1969 c 363 s 2; 1987 c 380 art 3 s 10 • REGULATION OF DANGEROUS DOGS 347.50 DEFINITIONS. Subdivision 1. Terms. For the purpose of sections 347.50 to 347.56, the terms defined in this section have the meanings given them. Subd. 2. Dangerous dog. "Dangerous dog" means any dog that has: (1) without provocation, inflicted substantial bodily harm on a human being on public or private property; (2) killed a domestic animal without provocation while off the owner's property; or (3) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Subd. 3. Potentially dangerous dog. "Potentially dangerous dog" means any dog that: (1) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon • the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or Copyright C 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 14 MINNESOTA STATUTES 2009 347.51 (3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Subd. 4. Proper enclosure. "Proper enclosure" means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only bstacles that prevent the do from exiting. Y P g g Subd. 5. Owner. "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog. Subd. 6. Substantial bodily harm. "Substantial bodily harm" has the meaning given it under section 609.02, subdivision 7a. Subd. 6a. Great bodily harm. "Great bodily harm" has the meaning given it under section 609.02, subdivision 8. Subd. 7. Animal control authority. "Animal control authority" means an agency of the state, county, municipality, or other governmental subdivision of the state which is responsible for animal control operations in its jurisdiction. • Subd. 8. Provocation. "Provocation" means an act that an adult could reasonably expect may cause a dog to attack or bite. History: 1988 c 711 s 1; 1989 c 37 s 3 -5; 1994 c 550 s 1; 1 Sp2001 c 8 art 8 s 14,15; 2008 c 325 s 2 347.51 DANGEROUS DOGS; REGISTRATION. Subdivision 1. Requirement. No person may own a dangerous dog in this state unless the dog is registered as provided in this section. Subd. 2. Registration. An animal control authority shall issue a certificate of registration to the owner of a dangerous dog if the owner presents sufficient evidence that: (1) a proper enclosure exists for the dangerous dog and a posting on the premises with a clearly visible warning sign that there is a dangerous dog on the property, including a warning symbol to inform children; (2) a surety bond issued by a surety company authorized to conduct business in this state in a form acceptable to the animal control authority in the sum of at least $300,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance • Copyright (0 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 15 MINNESOTA STATUTES 2009 347.51 • company authorized to conduct business in this state in the amount of at least $300,000, insuring p Y the owner for any personal injuries inflicted by the dangerous dog; (3) the owner has paid an annual fee of not more than $500, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section; and (4) the owner has had microchip identification implanted in the dangerous dog as required under section 347.515. Subd. 2a. Warning symbol. If an animal control authority issues a certificate of registration to the owner of a dangerous dog pursuant to subdivision 2, the animal control authority must provide, for posting on the owner's property, a copy of a warning symbol to inform children that there is a dangerous dog on the property. The warning symbol must be the uniform symbol provided by the commissioner of public safety. The commissioner shall provide the number of copies of the warning symbol requested by the animal control authority and shall charge the animal control authority the actual cost of the warning symbols received. The animal control authority may charge the registrant a reasonable fee to cover its administrative costs and the cost of the warning symbol. Subd. 3. Fee. The animal control authority may charge the owner an annual fee, in addition • to any regular dog licensing fees; to obtain a certificate of registration for a dangerous dog under this section. Subd. 3a. Dangerous dog designation review. Beginning six months after a dog is declared a dangerous dog, an owner may request annually that the animal control authority review the designation. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the animal control authority finds sufficient evidence that the dog's behavior has changed, the authority may rescind the dangerous dog designation. Subd. 4. Law enforcement; exemption. The provisions of this section do not apply to dangerous dogs used by law enforcement officials for police work. Subd. 5. Exemption. Dogs may not be declared dangerous if the threat, injury, or damage was sustained by a person: (1) who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; (2) who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or (3) who was committing or attempting to commit a crime. Subd. 6. [Repealed, 1 Sp2001 c 8 art 8 s 30]. Copyright 0 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 16 MINNESOTA STATUTES 2009 347.52 Subd. 7. Tag. A dangerous dog registered under this section must have a standardized, • easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol, affixed to the dog's collar at all times. Subd. 8. Local ordinances. A statutory or home rule charter city, or a county, may not adopt an ordinance regulating dangerous or potentially dangerous dogs based solely on the specific breed of the dog. Ordinances inconsistent with this subdivision are void. Subd. 9. Contracted services. An animal control authority may contract with another political subdivision or other person to provide the services required under sections 347.50 to 347.565. Notwithstanding any contract entered into under this subdivision, all fees collected under sections 347.50 to 347.54 shall be paid to the animal control authority and all certificates of registration must be issued in the name of the animal control authority. History: 1988 c 711 s 2; 1989 c 37 s 6 -10; 1991 c 195 s 1; 1994 c 550 s 2; 1997 c 187 art 3 s 32; ISp2001 c 8 art 8 s 16 -18; 2008 c 325 s 3 -7 347.515 MICROCHIP IDENTIFICATION. The owner of a dangerous or potentially dangerous dog must have a microchip implanted in the dog for identification, and the name of the microchip manufacturer and identification • number of the microchip must be provided to the animal control authority. If the microchip is not implanted by the owner, it may be implanted by the animal control authority. In either case, all costs related to purchase and implantation of the microchip must be borne by the dog's owner. History: ISp2001 c 8 art 8 s 19 347.52 DANGEROUS DOGS; REQUIREMENTS. (a) An owner of a dangerous dog shall keep the dog, while on the owner's property, in a proper enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. (b) An owner of a dangerous dog must renew the registration of the dog annually until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered as a dangerous dog in its new jurisdiction. (c) An owner of a dangerous dog must notify the animal control authority in writing of the death of the dog or its transfer to a new location where the dog will reside within 30 days of the death or transfer, and must, if requested by the animal control authority, execute an affidavit under oath setting forth either the circumstances of the dog's death and disposition or the complete Copyright 0 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 17 MINNESOTA STATUTES 2009 347.54 • name, address, and telephone number of the person to whom the dog has been transferred or P the address where the dog has been relocated. (d) An animal control authority shall require a dangerous dog to be sterilized at the owner's expense. If the owner does not have the animal sterilized within 30 days, the animal control authority shall seize the dog and have it sterilized at the owner's expense. (e) A person who owns a dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous dog that will reside at the property. (f) A person who transfers ownership of a dangerous dog must notify the new owner that the animal control authority has identified the dog as dangerous. The current owner must also notify the animal control authority in writing of the transfer of ownership and provide the animal control authority with the new owner's name, address, and telephone number. History: 1988 c 711 s 3; 1 Sp2001 c 8 art 8 s 20; 2008 c 325 s 8 347.53 POTENTIALLY DANGEROUS AND DANGEROUS DOGS. . Any statutory or home rule charter city, or any county, may regulate potentially dangerous and dangerous dogs. Except as provided in section 347.5 1, subdivision 8, nothing in sections 347.50 to 347.565 limits any restrictions that the local jurisdictions may place on owners of potentially dangerous or dangerous dogs. History: 1988 c 711 s 4; 1989 c 37 s 11; 2008 c 325 s 9 347.54 CONFISCATION. Subdivision 1. Seizure. (a) The animal control authority having jurisdiction shall immediately seize any dangerous dog if- (1) after 14 days after the owner has notice that the dog is dangerous, the dog is not validly registered under section 347.51; (2) after 14 days after the -owner has notice that the dog is dangerous, the owner does not secure the proper liability insurance or surety coverage as required under section 347.5 1, subdivision 2; (3) the dog is not maintained in the proper enclosure; (4) the dog is outside the proper enclosure and not under physical restraint of a responsible . person as required under section 347.52; or (5) the dog is not sterilized within 30 days, pursuant to section 347.52, paragraph (d). Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 18 MINNESOTA STATUTES 2009 347.541 (b) If an owner of a dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog. Subd. 2. Reclaimed. A dangerous dog seized under subdivision 1 may be reclaimed by the owner of the dog upon payment of impounding and boarding fees, and presenting proof to the appropriate animal control authority that the requirements of sections 347.51 and 347.52 will be met. A dog not reclaimed under this subdivision within seven days may be disposed of as provided under section 35.71, subdivision 3, and the owner is liable to the animal control authority for costs incurred in confining and disposing of the dog. Subd. 3. Subsequent offenses; seizure. If a person has been convicted of a misdemeanor for violating a provision of section 347.51, 347.515, or 347.52, and the person is charged with a subsequent violation relating to the same dog, the dog must be seized by the animal control authority having jurisdiction. If the owner is convicted of the crime for which the dog was seized, the court shall order that the dog be destroyed in a proper and humane manner and the owner pay the cost of confining and destroying the animal. If the owner is not convicted and the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of as provided under section 35.71, subdivision 3. Hist 1988 c 711 s S; 1989 c 37 s 12; 2008 c 325 s 10,11 347.541 DISPOSITION OF SEIZED ANIMALS. Subdivision 1. Hearing. The owner of any dog declared dangerous has the right to a hearing by an impartial hearing officer. Subd. 2. Security. A person claiming an interest in a seized dog may prevent disposition of the dog by posting security in an amount sufficient to provide for the dog's actual cost of care and keeping. The security must be posted within seven days of the seizure inclusive of the date of the seizure. Subd. 3. Notice. The authority declaring the dog dangerous shall give notice of this section by delivering or mailing it to the owner of the dog, or by posting a copy of it at the place where the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice must include: (1) a description of the seized dog; the authority for and purpose of the dangerous dog declaration and seizure; the time, place, and circumstances under which the dog was declared dangerous; and the telephone number and contact person where the dog is kept; (2) a statement that the owner of the dog may request a hearing concerning the dangerous dog declaration and, if applicable, prior potentially dangerous do declarations for the dog, and pP P P Y g g Copyright 0 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 19 MINNESOTA STATUTES 2009 347.542 • that failure to do so within 14 days of the date of the notice will terminate the owner's right to a Y g hearing under this section; (3) a statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of section 347.52, paragraphs (a) and (c), and until such time as the hearing officer issues an opinion; (4) a statement that if the hearing officer affirms the dangerous dog declaration, the owner will have 14 days from receipt of that decision to comply with all other requirements of sections 347.51, 347.515, and 347.52; (5) a form to request a hearing under this subdivision; and (6) a statement that all actual costs of the care, keeping, and disposition of the dog are the responsibility of the person claiming an interest in the dog, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. Subd. 4. Right to hearing. Any hearing must be held within 14 days of the request to determine the validity of the dangerous dog declaration. The hearing officer must be an impartial employee of the local government or an impartial person retained by the local government to conduct the hearing. In the event that the dangerous dog declaration is upheld by the hearing officer, actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the dog's owner. The hearing officer shall issue a decision on the matter within ten days after the hearing. The decision must be delivered to the dog's owner by hand delivery or registered mail as soon as practical and a copy must be provided to the animal control authority. History: 2008 c 325 s 12 347.542 RESTRICTIONS. Subdivision 1. Dog ownership prohibited. Except as provided in subdivision 3, no person may own a dog if the person has: (1) been convicted of a third or subsequent violation of section 347.51, 347.515, or 347.52; (2) been convicted of a violation under section 609.205, clause (4); (3) been convicted of a gross misdemeanor under section 609.226, subdivision 1; (4) been convicted of a violation under section 609.226, subdivision 2; or (5) had a dog ordered destroyed under section 347.56 and been convicted of one or more violations of section 347.51, 347.515, 347.52, or 609.226, subdivision 2. Subd. 2. Household members. If any member of a household is prohibited from owning a dog in subdivision 1, unless specifically approved with or without restrictions by an animal control authority, no person in the household is permitted to own a dog. Copyright © 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 20 MINNESOTA STATUTES 2009 347.56 Subd. 3. Do own • Dog ownership prohibition review. Beginning three years after a conviction under subdivision 1 that prohibits a person from owning a dog, and annually thereafter, the person may request that the animal control authority review the prohibition. The animal control authority may consider such facts as the seriousness of the violation or violations that led to the prohibition, any criminal convictions, or other facts that the animal control authority deems appropriate. The animal control authority may rescind the prohibition entirely or rescind it with limitations. The animal control authority also may establish conditions a person must meet before the prohibition is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. If the animal control authority rescinds a person's prohibition and the person subsequently fails to comply with any limitations imposed by the animal control authority or the person is convicted of any animal violation involving unprovoked bites or dog attacks, the animal control authority may permanently prohibit the person from owning a dog in this state. History: 2008 c 325 s 13; 2009 c 86 art 1 s 62 347.55 PENALTY. (a) A person who violates a provision of section 347.51, 347.515, or 347.52 is guilty of a misdemeanor. (b) It is a misdemeanor to remove a microchip from a dangerous or potentially dangerous . dog, to fail to renew the registration of a dangerous dog, to fail to account for a dangerous dog's death or change of location where the dog will reside, to sign a false affidavit with respect to a dangerous dog's death or change of location where the dog will reside, or to fail to disclose ownership of a dangerous dog to a property owner from whom the person rents property. (c) A person who is convicted of a second or subsequent violation of paragraph (a) or (b) is guilty of a gross misdemeanor. (d) An owner who violates section 347.542, subdivision 1, is guilty of a gross misdemeanor. (e) Any household member who knowingly violates section 347.542, subdivision 2, is guilty of a gross misdemeanor. History: 1988 c 711 s 7,• ISp2001 c 8 art 8 s 21; 2008 c 325 s 14 347.56 DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES. Subdivision 1. Circumstances. Notwithstanding sections 347.51 to 347.55, a dog may be destroyed in a proper and humane manner by the animal control authority if the dog: (1) inflicted substantial or great bodily harm on a human on public or private property without provocation; (2) inflicted multiple bites on a human on public or private property without provocation; Copyright C 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 21 MINNESOTA STATUTES 2009 347.565 • (3) bit multiple human victims on ro p ublic or private P e �Y in the same attack without property provocation; or (4) bit a human on public or private property without provocation in an attack where more than one dog participated in the attack. Subd. 2. Hearing. The animal control authority may not destroy the dog until the dog owner has had the opportunity for a hearing before an impartial decision maker. The definitions in section 347.50 and the exemptions under section 347.5 1, subdivision 5, apply to this section. History: ISp2001 c 8 art 8 s 22; 2008 c 325 s 15 347.565 APPLICABILITY. Sections 347.50 to 347.56 must be enforced by animal control authorities or law enforcement agencies, whether or not these sections have been adopted into local ordinance. History: 2008 c 325 s 16 Copyright 0 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved • City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM DATE: June 9, 2010 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Planning Commission Application No. 2010 -008 (2900 Northway Drive - Site & Building Plan Approval) Recommendation: It is recommended that the City Council, following consideration of this matter, approve the Planning Commission Application No. 2010 -008 Submitted by Gary Brummer /G B Homes for Site & Building Plan Approval). Background: On the June 14, 2010 City Council Agenda is Planning Commission Application No. 2010 -087 submitted by Gary Brummer /G B Homes requesting Site and Building Plan approval for construction of a 6,000 sq. ft. community room with indoor pool, party room, exercise room, and offices for Gateway Commons. This matter was considered by the Planning Commission at their May 27, 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 -008, an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents included in this review. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. Will stabilize and improve residential neighborhoods. • Mission: Ensuring an attractive, clean, safe community that enhances the ttualixy of life and preserves the public trust Application Filed on 5 -7 -10 City Council Action Should Be Taken By 7 -7 -10 (60 Days) Planning Commission Information Sheet Application No. 2010 -008 Applicant: Gary Brummer /GB Homes Location: 2900 Northway Drive (Central Court Area With Gateway Commons Apartment Complex) Request: Site and Building Plan Review for a 6,000 Sq. ft. Community Building The applicant, Gary Brummer /GB Homes, is requesting site and building plan approval to facilitate the construction of a 6,000 sq. ft. community building which includes the following components: • A 42'x22' indoor pool and patio area (2,275 sq. ft.) • A 724 sq. ft. outdoor patio accessed from the indoor pool area (8'x25' which is covered) • An exercise room and sauna 0 A 36'x22' party /gathering room • 874 sq. ft. office area for onsite management • A storage area/garage for a golf cart used to show potential renters the units and grounds The site plan illustrates the location of the building within the northwestern portion of the 2.5 acre central park/open space area of this 15 + acre complex. Access to the building will be provided by driveway from the central guest parking lot to a new parking area providing seven parking stalls in front of the building. Additional sidewalks will be connected to the existing walkways to provide resident access to the building. BACKGROUND INFORMATION A review of the original plans for this 252 unit apartment complex, known in 1968 as the Brookdale Apartments, revealed that the proposed location of this community building is in the general location of a previous outdoor pool and patio area that was supported by a two story building that provided changing rooms, rest rooms, a small office area on the main level, and a gathering room/party area on the 2 nd level. The foot print of this former building was 856 sq. ft. ZONING The property is zoned R -5 (Multiple Family Residence 21/2 and 3 story). This community building is permitted as an accessory use incidental to the permitted use of multiple family dwellings. The site and building plan review is being processed under the provisions of Section 35 -230, Plan Approval, a copy of this section has been attached to this report for reference. 5 -27 -10 • Page 1 • PROPOSED SITE AND BUILDING PLAN The applicant proposes the same architectural treatment (brick color, stucco, and colored trims) as the existing apartments. Colored photos of the existing buildings, to illustrate the earth tone colors, will be available at the meeting. Additionally, the applicant has been requested to provide information on the color and style of the roof shingles. COMPLIANCE WITH ORDINANCE Building Setbacks Ordinance Proposed Front Yard 35 ft. 320 ft. Rear Yard 40 ft. 197 ft. Side Yard 15 ft. 532 ft/ west. 670 ft/east Parking Setback Ordinance Proposed Front Yard 15 ft. 260 ft. Side Yard 10 ft. 532' west, 685' east Parking Stalls 2 per dwelling unit 504 stalls 533 original plan • Southeast parking lot -81, Northeast parking lot - 65, North Central parking lot— 172 • South Central parking lot — 66, Northwest parking lot — 76, Western parking lot — 41, Southwest parking lot - 32 UTILITIES The proposed utility plan illustrates that municipal water will be provided from an existing private 8" water line from the center court of the western apartments and sanitary sewer will be provided from an existing private 6" sanitary sewer line from the northwest parking area. The plan also illustrates the location of storm sewer improvements to maintain current site drainage. The Engineering Department will be commenting on the drainage, utility, and grading components of this application. LANDSCAPE PLAN The site indicates that four trees will be removed from this park setting to facilitate the construction of the building, parking lot and concrete walkways. Staff is recommending that the applicant provide replacement trees for those trees removed as part of the development. . 5 -27 -10 Page 2 Additionally, the applicant has expressed an interest in constructing an irrigation system and has expressed a willingness to work with the City in providing the necessary easements to facilitate a storm water detention/water quality pond to treat storm water before it is discharged into Shingle Creek. This ponding area could also serve as an irrigation pond and result in an environmentally friendly amenity. ACCESS The site plan proposes that access is provided from the central visitor parking area. An opening to the east of the existing mailboxes is proposed in the security fence to access the building and parking lot. The security fence would be extended to the front of the community building with side gates to allow resident cross movement to the building and connecting the eastern and western units. LIGHTING/ TRASH At this time, the applicant has indicated his plans to provide security and accent lighting to the entrance drive and building. Additionally, lighting for the pedestrian walkway has been discussed. The applicant will be required to submit details on the lighting and identify the location of the trash enclosure to comply with the site plan requirements. SIGNAGE The site plan identifies the location of a sign at the entrance to the new driveway. No details have been provided at this time. Chapter 34, Sign Ordinance, allows the following signage for multiple family dwellings: • • One wall sign per building not to exceed 10 sq. ft. • Clustered developments of 36 or more units are entitled to one of the following options at each major entrance, not to exceed a total of two entrances; 1. One freestanding sign no greater than 36 sq. ft. in area and less than 10 feet in height 2. Two identical freestanding signs located at opposite sides of the entrance each not greater than 18 sq. ft. in area and less than 5 feet in height RECONB ENDATION We believe the plans are in order and approval is recommended subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 5 -27 -10 • Page 3 • 4. Any outside trash disposal facilities and shall be appropriately screened from view. 5. The buildings are to be equipped with an automatic fire extinguishing systems to meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 7. B -612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. • 5 -27 -10 Page 4 LOGISMap Output Page Page 1 of 1 11 '• T MUMFORD RD t � • ntral P ark � f .. `. �;�.. . 7 f + {•°.J'-+C f ! 7'; 1-- -t-- ',6ROOICLYN f)R. -O t y 61 ST AVE N _ - t - T - i �f `•.* 1, , _ w 60TH AVE ADMIRALLNN� y k l -t z� < Shingloi: - Cask Trai l I t iw r-�i - -?� l j Ls v w r 59TH AVE N -- -1 4 t �r WI 1 SETH AVE N ._ � T COUNTY ROAD 1a 811.55 LAKE RD Z`_ - _ - / i 11 i Jam - „t r � - -_-� -- 57TH AVE IED -� _ S `1 � �� j f„`�•,., _ �P y _mot{ r .,`� � F �,. -t.. __ r Vii: v 3 ,n -. < t .c Ste. ( O � � � � >th c ERICON OR S Z 1 - C G •- � ��, ~ 1 � - _ I 1 z 5 5TH{ AVE N >- 3 \\ -f - s, Lion's PaHt \ W �f k Golfcuurse } 1'"��. j" -''q �- �'� ^�`- '�-�•'����� -; , - � y,r.`• - -I .tr..._ ""_ -�:.. 1 �` Y a{� - _.. -._� ® �-- -'� --54TH AVE N:� i__..� -..� Al�aes�wdnArd6ls }:AL GS1CO4 �` i 5 �C,. �,......,. � .�- ..�.._.....- .::�.:- 13•••M•.• G i = Planning Commission Application 2010 — 008 Site & Building Plan Review: Community Building /Gateway Commons Proposed Comonity Building for: Gateway Commons Apartments .2900 Northway Drive i iTT t1T�T�Tf�nA77,L==rm I `k f1171T((i1TTTTTTTI ' I I W / u GO LU ❑ _� l 111 ; �•• — EJ II OR • • lf� TTT1T (TT wq Y� • • � • • 11.111ll 1J_l.L�� I .III .L U_L.LI11.1_I_ \ J� • %00000 NORTHWAY DRIVE / — — — — — — — — — -- woo 2 1 SITE KEY PLAN Al SCALE: 1 = 200' -0" ON 24X36 1" = 400' -0" ON 11X17 LOGISMap Output Page Page I of 1 S. x . A • p } hingle Greek Traih � . r ^ g «c r ' z 9 p. P z a 71 k i A/s5csrt*+ai vritetdrdNS.C�j"'Y'�tC}LOGlS 6157705 ANN .. ... _ http: / /gis.logis.org/LOGIS AreIMS/ ims? ServiceName= bc_LOGISMap_OV &ClientVersio... 5/25/2010 Section 35 -230. PLAN APPROVAL. It is declared to be the policy of the City to preserve • and promote an attractive, stable residential and business environment for its citizens through encouraging well conceived, high quality developments. To this end, imaginative architectural concepts shall be employed in the design of buildings and in the development of respective sites. In this regard, every person, before commencing the construction or major alteration of a structure, except one and two family dwellings and buildings accessory thereto, shall make application for plan approval from the City Council. Plan approval may be required in conjunction with special use permit consideration. The following rules shall govern applications for plan approval. 1. Procedures a. A "Plan Approval" application shall be initiated by the owner of subject property or by his authorized agent. The applicant shall fill out and submit to the Secretary of the Planning Commission a "Plan Approval" application, copies of which are available at the municipal offices, together with a fee in an amount as set forth by City Council resolution. The application shall be filed with the Secretary of the Planning Commission at least fourteen (14) days prior to the next regular meeting of the Planning Commission. b. The Secretary of the Planning Commission shall refer the matter to the Planning Commission by placing the application upon the agenda of the Commission's next regular meeting; provided, however, that the Secretary may, with the approval of the Chairman of the Commission, place the application on the agenda for a special meeting of the Planning Commission. C. The Planning Commission shall report its recommendation to the City Council not later than sixty (60) days following the date of referral to the Commission. The date of referral is defined as the date upon which the application is first considered by the Planning Commission. d. The application and recommendation of the Commission shall be placed on the agenda of the City Council within eighteen (18) days following the recommendation of the Planning Commission, or in the event the Commission has failed to make a recommendation, within seventy -eight (78) days of the date of referral to the Commission. • City of Brooklyn Center 35 -10 December 3, 2005 e. The City Council shall make a final determination of the application within forty-eight (48) days of the recommendation by the Planning Commission, or • in the event the Commission has failed to make any recommendation, within one hundred and eight (108) days of the date of referral to the Commission. If during City Council consideration of the plans the applicant submits substantially altered plans from those originally submitted and reviewed by the Planning Commission, the Council shall refer the altered plans back to the Planning Commission for review and recommendation except for alterations or changes requested by the City Council. The time needed for such a referral and review of altered plans shall not count against the time period which the City Council has to make a determination on the application. f. The applicant or his agent shall appear at each meeting of the Commission and the City Council to answer questions regarding the maps, drawings, plans and to furnish such information as may be required. g. The Secretary of the Planning Commission, following the Commission's action upon the application, and the City Clerk, following the City Council's action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application. 2. Required Documents • Concurrent with filing application for plan approval, the applicant shall submit, as required, to the Secret ary of the Plannin g Commission the following documents and information: a. A survey drawing by a registered engineer or land surveyor showing pertinent existing conditions, accurately dimensioned. b. A complete set of preliminary architectural drawings prepared by a registered architect showing: I An accurately scaled and dimensioned site plan indicating parking layout including access provisions, designation of locations of possible accessory buildings; landscaping, including trees and shrubbery with indication of species, planting, size and location. II Fences or walls or other screening, including height and type of material. III Lighting provisions, type and location. IV Curbs. City of Brooklyn Center 35-11 December 3, 2005 V Building floor plans, elevations, sections and outline specifications, • including materials proposed. VI Existing and proposed land elevations, drainage provisions, temporary and permanent erosion control provisions, and utility provisions as may be required. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions as deemed necessary to protect the public interest and to secure compliance with the requirements of the ordinance. The conditions may include the execution and submission of a Performance Agreement with a supporting financial guarantee that the subject property will be constructed, developed, and maintained in conformance with the plans, specifications and standards. Section 35 -235. PERMIT FOR LAND DISTURBING ACTIVITIES. 1. No construction, reconstruction, development, redevelopment, grading, excavation, or other activity shall occur without first securing a permit from the City Engineer if such activity causes a land disturbance of one acre or more of land or a land • disturbance of less than one acre if it is a part of a common plan of development of one acre or more. 2. The applicant shall submit an erosion and sediment control plan. The plan shall meet the following requirements: a. The plan shall be consistent with the Minnesota Pollution Control Agency's Best Management Practices Handbook. b. The plan shall describe steps to be taken to control construction impacts on water quality such as discarded building materials, concrete truck washout, chemicals, litter and sanitary waste. C. The plan shall provide 2 -foot contour lines with spot elevations of proposed grades in relation to existing grades on the subject property and adjacent land. The location and type of erosion control devices shall be clearly labeled. d. The plan shall include every effort to minimize disturbances of existing ground cover and shall provide that ground cover shall be provided within five (5) days after completion of the grading operation. Erosion control devices shall not be removed until ground cover is established. City of Brooklyn Center 35 -12 December 3, 2005 MEMORANDUM DATE: May 26, 2010 • TO: Gary Eitel, Business and Development Director FROM: Bruce Johnson, Engineering Technician Supervisor SUBJECT: Site Plan Review — Gateway Commons, 2802 Northway Drive Public Works Department staff reviewed the following preliminary documents submitted for review for the proposed Brooklyn Center Retail Development: • Building plans dated May 7, 2010 (revised May 17, 2010) • Site plans dated April 16, 2010 (revised May 20, 2010) Subject to staff approval, the site plan must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions below: 1. A development agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 2. All plan sheets must be certified by a Minnesota licensed engineer for the type of work • being ertified e. . site and utility plans must be certified b a civil engineer). g ( g YP Y . g ) 3. Final civil plans are subject to review and approval by the City Engineer prior to the issuance of permits. 4. All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center standard specifications and details. The City's standard details must be included in the plans. 5. Upon project completion, the applicant must submit an as built survey of the property, improvements and utility service lines and structures prior to release of the performance guarantee. 6. Plans must be developed from of a certified survey and included with the plan set. Topographic Survey Sheet 7. Update the building location, the plan shows the building in the previous location. 8. The property owner must enter into an easement and agreement for maintenance and • inspection of utility systems prior to the issuance of permits. Gateway Commons, 2802 Northway Drive. Page 2 of 3 Site Plan Memo, May 12, 2010 9. Show the City sanitary sewer force main correctly within the city easement. Sheet C -1 10. Plans must include a Storm Water Pollution Protection Plan (SWPPP) subject to approval by the City Engineer. If an MPCA NPDES permit is not be required, the SWPPP must still meet and include all standard NPDES requirements and prescriptions, regardless. 11. Install silt fence around the entire site. 12. Install inlet protection in the catch basin in the parking lot and other erosion control/ sediment BMP's as appropriate. 13. On site grading slopes must maintain a 1:3 maximum. Sheet C -2 14. Show computations that indicate the size is adequate for watermain and sanitary sewer service. • 15. Storm sewer, sanitary sewer and water service locations and connections must be verified prior to construction. 16. Tapping saddle must be stainless steel and install gate valve as close as possible to tapping saddle. 17. The plan indicates that the existing storm sewer terminates close to the proposed watermain, verify the pipes location. Sheet C -3 18. Show size of pipe, material, length and percent of grade for sanitary, storm sewer and watermain in the profile. Sheet A -1 19. Show typical section for parking lot and access driveway. 20. Show typical section for fence. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Subsequent approval of the final site plans may require additional • GAEngineering\Development & Planning\ACTIVE Development Projects\Gateway Commons Community Bldg - 2010 \Communication \l00512_Site Plan Review Memo.doc Gateway Commons, 2802 Northway Drive. Page 3 of 3 Site Plan Memo, May 12, 2010 • modifications based on engineering requirements associated with final design of the water system, 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 plans. Other guarantees and site development conditions such as site plan as -built drawings, site performance agreement, financial guarantee, etc. will be prescribed prior to the issuance of permits. • v ment & Plannin \ACTIVE Development Projects\Gateway Commons Community Bldg - Develo • G:\Engineering\De elop g P 2010 \Communication \100512_Site Plan Review Memo.doc ----------------------------- L: gall k I s ---- ------- Ufa I 1111 ff I I �' �11 a _ 1 �1 l ily b 'AA F I I I I LL ------------------------------ -------- gmffT TIT" NORTHWAY DRIVE Al PA;PJU,F F cm w x.v. e.a. e'oonc I •:oto tenl...l n.lrn+ >t.w..+ e,v. 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R Y.K ryrv ,�gg r lq a G VMK � Mar v_/A.( —' «ti•' f MN Maf IIM rrndrgraund vbefhn vb.n an h Me .ea:l bo.lbn bNea1N egr«gh n• dm .rttll Mar Mq w beslN « ..a._IMy « oa..leb evnr b� afbn I ® A am..wr ® s.or odaalr — rMa IAA' a.•lana m. wr.•�r a« rrar Wnb+r b ww Irn unws«�s Naln.. fean.. sml. � em.r arw s..s�. �.w- .ro.l^•n •er ue ' � dM Gal ikA.1 NwlOeWl!!1. , b a..u.u.e. slAU ■ lu ralgr ® amr alw 1 o lore lol m oar sry m ■ ypyye calanovs Iws vA' I C«hr SI.1. Or. c.. N Mf m.rt «Y al.la« N M. ar4 .w. alNll W CN.6 tl d«aM 8 .a.l•V.r IaLL _srr fNt[ rv� b y fM fiCNm E...nr«I..hr.r s.. hrn ALI .rrwr Aen Igex «d .n Ms.n w er« N Yrlr«I wF ® a.rlq ry eo. Q. Q . •••�•� 1rMreus AM.fa ■ w «rlo. n I I ' tt suQr ua —.e- -. au urr e' so' r0a ISq' e.l. Ixnwm ••• � � t 2900 w Northway Drive c«�xa� of s,x�,.■� I F �.aa. G B NO—, Homes LLC awwr I rrr.. I u Sxel N—, N W Ogle, NN.sta — .I,..&, MIar.1a lee11 Warm L y yy CA C6'rr Nu N N+ + cn ^e 0 wim q4 Rim Q gar a� � �8Z m Ix 9Z o Z fi L— `. �.....: 27 �---k 1 ®� z .:: N•. Q 1 .S T. qx i dF0 '@ ■ , a 64•.P' ■ ■. Paul Meyer Proposed Community Building for: A It C If I T I C T S, I N C Gateway Commons S � 15650 WA AVENUE NORTH, SUITE 110 Apartments PLYMOUTH, MINNESOTA 5516 TEL 763 55% 9081 /FAY 763.557-9233 2900 Northway Drive N PROJECT #10191 Brooklyn Center, MN MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION is THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 27, 2010 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:03 p.m. ROLL CALL Chair Sean Rahn, Commissioners JoAnn Campbell- Sudduth, Kara Kuykendall, Stan Leino, Carlos Morgan, and Michael Parks were present. Also present were Planning Commission Secretary Gary Eitel and Planning Commission Recording Secretary Rebecca Crass. APPROVAL OF MINUTES — APRIL 29, 2010 There was a motion by Commissioner Parks , seconded by Commissioner Kuykendall, to approve the minutes of the April 29, 2010 meeting as submitted. The motion passed. 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 -008 GARY BRUM ER/G B HOMES Chair Rahn introduced Application No. 2010 -008, a request from Gary Brummer /G B Homes for Site & Building Plan approval for construction of a 6,000 sq. ft. community room with indoor pool, party room, exercise room, and offices for Gateway Commons. Mr. Eitel presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 5 -27 -10 for Application No. 2010 -008 and the Public Works memo dated 5- 26 -10, attached.) He explained that this is an 11 building, 252 unit apartment complex and the property is zoned R -5 (Multiple Family Residence 2 /z and 3 story). He added that the proposed community building is a permitted accessory use. Mr. Eitel explained that the proposed building will match the brick and stucco exterior to the existing apartment buildings. He added that there is current consideration of constructing a storm water quality pond in the northeastern portion of the site, that could also function as a water source to support an irrigation system for this property. Commissioner Morgan arrived at 7:13 p.m. Commissioner Parks inquired if water from Shingle Creek could be used to water lawns. Mr. Eitel responded that this would be a water resource /management issue involving the Watershed District; • 5 -27 -10 Page 1 noting that the policy question would be the allocation of public waters during the dry weather months (drought conditions). There was continued discussion on the existing storm sewers, untreated storm water runoff entering the creek, the design of a pond that would maintain minimum water levels for irrigation from either ground water or shallow wells or the potential to pump from the creek. The applicant, Mr. Gary Brummer, introduced himself to the Commission. Chair Rahn asked him when he would make a decision about the ponding/water retention area and also installation of an irrigation system. Mr. Brummer responded that he would decide about the ponding/water retention based on what the city suggests. He added that he plans to add an irrigation system in the Spring of 2011. Commissioner Kuykendall asked about the location of the trash enclosure at the new proposed building. Mr. Brummer responded that he would not be adding a trash enclosure to the office building but would store garbage inside and take it out to an existing dumpster. Commissioner Parks stated that he applauds the efforts of Mr. Brummer to make these improvements to this site which will help to attract quality tenants. Commissioner Campbell- Sudduth asked Mr. Brummer if by adding a community room and swimming pool, he is concerned with competition from the City's Community Center. Mr. Brummer stated that he feels strongly that even if only 10 percent of his residents use it, it will be worth it to have a place that makes them feel at home. • Mr. Eitel pointed out that Mr. Brummer is also adding sidewalks and trails that will connect the apartments to the community room/office building. Also, the applicant will provide lighting for the driveway and parking lot, accent and security lighting for the building and pedestrian lighting for the walkway. He added that since Mr. Brummer added a fence around the perimeter of the site, it has become more secure and a safer place for the tenants. There was no further discussion regarding the application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2010 -008 — GARY BRUMN[ER/G B HOMES There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to recommend to the City Council that it approve Application No. 2010 -008, submitted by Gary Brummer /G B Homes, for Site and Building Plan approval for a 6,000 sq. ft. community room with indoor pool, party room, exercise room, and offices for Gateway Commons, 2900 Northway Drive, subject to 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. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure 5 -27 -10 Page 2 the completion of all site improvements. 4. Any outside trash disposal facilities and shall be appropriately screened from view. 5. The buildings are to be equipped with an automatic fire extinguishing systems to meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 7. B -612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. Voting in favor: Chair Rahn, Commissioners Campbell- Sudduth, Kuykendall, Morgan and Parks. The motion passed unanimously. The Council will consider the application at its June 14, 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. DISCUSSION ITEM — FARMER'S MARKETS Mr. Eitel presented the staff report, noting the following: • At the April 29 meeting, the Commission discussion a number of variables associated with arriving at a definition of a farmers market: • Is it appropriate to limit the products to Minnesota Grown or a local farming market? • Recognition that the definition should not necessarily limit the scope of the market to farm produce products (i.e. not to exclude honey, nuts, dairy products, meat products, eggs, bakery products, jams, jellies, preserves, etc.) • Review of various web sites relating to Farmer's Markets and reference to Minnesota Grown Products as a reference to fresh/daily picked produce and not shipped/resale products. • A definition for a Farmer's Market that is more inclusive than just agricultural products: 1. Fruits, vegetables, wild or cultivated mushrooms, nuts, herbs, eggs, honey, maple syrup, sorghum, jams or jellies. 2. Plant products - Flowers, herbs or bedding plants or nursery stock that have been started from seed or raised by the vendor for 45 days or more. The intent of this time requirement is to ensure that plant vendors are local growers who care for or modify their plant products in some significant way, and are not retailers who simply buy and then resell plants. 3. Meat, poultry or fish products, if made 100% from animals or fish produced or raised by the vendor. 4. Dairy products, if made 100% from milk produced by the vendor • 5 -27 -10 Page 3 • 5. Baked goods 6. Forest products - wood or other plant products harvested by the vendor from their own forest land or from public land, subject to applicable permits. 7. Crafts - no crafts unless a) they are made by the vendor and substantially derived from vendor's farm or forest products and b) they do not include purchased raw materials or commercially prepared products, unless they are significantly transformed through handcrafting. 8. Nothing may be sold which is prohibited under local, state or federal law or rules Amending the Chapter 35 -800, Para 2. (a) to include Farmers' Markets as an out of door retail sale, display and storage of nursery and garden merchandise, including lawn furniture and equipment, for a period not to exceed 30 consecutive weeks in any one calendar year. The permit fee shall be as set forth by City Council resolution. Ms. Peony Yang, 4830 Aldrich Avenue, Minneapolis, stated to the Commission that she had a very successful season last year with the Farmer's Market when she was located at Brookdale. She said she has talked to Target and CUB and they were receptive to allowing a Farmer's Market in their parking lots. Mr. Eitel added that since both locations are a commercial use, they would be allowed under the provisions of an Administrative Land Use Permit. Commissioner Kuykendall stated that both Target and CUB parking lots are extremely busy and might not be able to handle additional parking and traffic flow. Mr. Eitel stated that if a Farmer's Market were located at CUB, it would likely be in the same location that there is currently a garden center. . Commissioner Kuykendall stressed her concern with locating a Farmer's Market in a location that already experiences heavy customer traffic where the parking places shouldn't be compromised with another use. There was further discussion among the Commission regarding allowing a Farmer's Market at a location, such a vacant lot, where traffic would not be an issue rather than located at a business that already experiences heavy traffic use and congestion. Chair Rahn stated that for the success of the Farmer's Market it should be located in a highly visible and accessible location. Ms. Yang stated that in the past, the Farmer's Markets have not generated more than 20 cars at a time. She added that customers generally come and go very quickly and do not stay around very long. Commissioner Parks stated that allowing a Farmer's Market with a ten day Administrative Land Use permit for now will allow them to operate until the staff is able to define Farmer's Markets and allow them to operate for an entire season (30 weeks) with an Administrative Land Use permit. Ms. Yang asked who would be allowed to apply for and receive a permit for Farmer's Markets and how many would be allowed in the city. Chair Rahn asked for direction from staff on the question. Mr. Eitel responded that it would be very unlikely that the city could control the number of Farmer's Markets allowed in the city and would not be able to limit who can apply for a permit to operate a Farmer's Market. i 5 -27 -10 Page 4 Commissioner Campbell- Sudduth asked Ms. Yang why she is concerned with the issue of who could apply for a permit. Ms. Yang responded that she feels that the Farmer's Market would be more successful if they were all located in the same location at the same time. Commissioner Parks pointed out that he feels that until the Farmer's Markets become more popular in the city, he doesn't feel there will be many applying for permits, and hopefully, if there is an interest by others, they can be coordinated. He stated that he felt it is the consensus of the Commission to direct staff to o forward and put together an ordinance amendment that would incorporate language g p g rP a to allow g g for Farmer's Markets under Administrative Land Use Permits and present it to the Commission at the next meeting for review. Commissioner Leino arrived at 8:18 p.m. Chair Rahn left the meeting at 8:20 p.m. Mr. Eitel identified a potential schedule for an ordinance amendment, Planning Commission review for applications involving an extended use of a parking lot, the use of the existing ten day Administrative Use permits to operate Farmer's Markets until an ordinance amendment is effective, and the possibility that garden merchandise could be interpreted to include produce. This would allow the produce component of a Farmer's Market to operate under a 30 week permit pending an ordinance amendment. The consensus of the Commission was to proceed with recommendations to establish/allow Farmer's Markets under the Administrative Land Use permit process. • DISCUSSION ITEM — TEMPORARY SIGNS • Use of temporary signs for business promotions (portable and banners. Mr. Eitel referenced that Section 34 -130 Prohibited Signs includes portable signs, banners , pennants, streamers, balloons, stringers or similar attention attracting devices. Section 35 -800 Administrative Land Use Permits allows these prohibited signs to occur for ten day periods for an eligible outdoor activity and not a Grand Opening or promotional event that doesn't involve an outdoor activity. Commissioner Leino stated that he appreciates the dilemma in enforcing the current ordinance especially when we don't want to deter new businesses from being able to promote their business. He stated that he feels that staff should draft language to address the issue. There was discussion on the merits of obtaining a consultant that would work with the Commission in reviewing the current code, prepare an inventory of existing signage, identify issues and objectives to be addressed and coordinate a process for a comprehensive sign ordinance update. There was further discussion by the Commission regarding amending the city's sign ordinance and the use of a consultant to do a comprehensive plan update. Office Building Identification/Si nape With Multiple Street Frontages • 5 -27 -10 Page 5 • Mr. Eitel explained that he had recent discussions with management of the Shingle Creek Towers Office Building and their plans to identify a new /major tenant, ITT Institute, on the Hwy 100 frontage (east side of the building). There was a brief discussion on the following: • Multi story office buildings in Commercial (C -1 and C -1A0 districts, multi story office buildings may have wall or projecting sign identifying the building on each wall provided the area of such sign does not exceed 10% of the area of the wall supporting the sign. • The past practice of allowing this type of business identification. • Recognition of the location of Brooklyn Center in the office market, the high exposure offered by I -694 and Hwy 100, and the marketing opportunities to major tenants/businesses choosing Brooklyn Center as their preferred corporate location and challenges to cooperatively manage an attractive sign program. The Commission was advised that a specific request would be presented for the Shingle Creek Tower building. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Kuykendall, seconded by Commissioner Morgan, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:35 p.m. i Chair Recorded and transcribed by: Rebecca Crass 5 -27 -10 Page 6 i City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM . DATE: June 8, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J�"4vzb&k SUBJECT: Resolution Appointing Election Judges Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Election Judges. Background: Minnesota State Statutes, Section 204B.21, subd. 2, requires election judges be appointed by the governing body at least 25 days before the election at which the election judges will serve. A resolution is included that lists individuals who have applied to serve as an election judge for the 2010 elections. Budget Issues: • There are no budget issues to consider. • 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 APPOINTING ELECTION JUDGES WHEREAS, a State Primary Election will be held August 10, 2010, and a State General Election will be held November 2, 2010; and WHEREAS, Minn. Stat. 204B.21, subd. 2, requires that persons serving as election judges be appointed by the Council at least 25 days before the election at which the election judges will serve. BE IT RESOLVED by the City Council of the City of Brooklyn Center that the individuals named below and on file in the office of the City Clerk be appointed to perform the duties of election judge and/or be appointed as the Brooklyn Center Absentee Ballot Board election judges. BE IT RESOLVED the City Council also appoints other individuals and all members appointed to the Hennepin County Absentee Ballot Board as authorized under Minn. Stat 204B.21, subd. 2 under the direction of the Election Manager to serve as members of the Brooklyn Center Absentee Ballot Board. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. • Marjorie Adkisson Lloyd Ehrman Mindy Jost Elaine Reuter Lorraine Anderson David Erickso Mary Kalinoski Karen Richter Alyson Arneson Charlene Finberg Mumtaz Karim Bev Rieschl Melissa Barnes Larry Franklin Nahid Khan Rita Roehrl Betty Barrick Norma Gilbertson Kermit Klefsaas Dorothy Rogers Clarence Beadles Don Gillquist Sharon Knutson Will Rogers Lavelle Beers Mark Goodell Jayne Kuhar Lang Rolf Lorraine Blarney Rosemary Gordon Mary Laduke Maria Rosenbaum Nancy Blexrud Trudi Gores Mavis Lammi Shirley Roy Karen Bolstad Marilyn Grabowski Ginny Lebus Beverly Ryan Doris Branch Carolyn Green Glenard Lieder Eloise Schmalz Judy Brown Darlene Gregornik Shirley Lindsholm Loren Schmalz William Bruneau Allan Hancock Carol Logeais Thomas Schommer Kenneth Bueckers Gilbert Hartlage Donna Martin Dolores Smith Caroline Burley Jacquelin. Heckard Lawrence Mcdermott Elaine Spencer Charles Calhoun Kelly Herrmann Joseph Mcfadden Eloise Stephens Mary Ann Campbell Mary Ann Hilger Cheryl Mcmath George Studor Jean Carlson Joyce Hogetvedt Sue Minor Mary Studor Charlotte Chermak Ray Hokenson Lorraine Moe Clayton Thiebault Esther Connolly Lois Holmes Susan Okerstrom Mary Thiebault Richard Cushing Deborah Hohngren David Olsen Sam Totimeh Lamonte Dehn Pat Hotchkiss Delores Olson Beverly Truran Casey Dorion Jeanne Huff Diane Olson Mary Umstead Betty Dudley Jeffrey Hyde Riggs Opland Sarah Wilks • Lois Dumonceaux Charlene Johnson Eileen Oslund Betty Eckhoff Dorothy Johnson Viola Peterson Raymond Eckhoff Lynne Johnston Nancy Rademacher • RESOLUTION NO. June 14, 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. • City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM • DATE: June 8, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Amend 2010 City Council Meeting Schedule Recommendation: It is recommended that the City Council consider amending the 2010 City Council meeting schedule to change the dates of the canvass of election returns as follows: • Cancel August 11 meeting • Set August 13 meeting and set time of meeting • Cancel November 3 meeting (canvass of returns can be added to the regularly scheduled November 8 meeting) Background: In December 2009, the City Council adopted the 2010 City Council meeting schedule and set the dates and times for the canvass of election returns. Since that time, the legislature has amended many election laws, including the dates and times when the canvass of election returns can be held. Minn. Stat. § 205.065, Subd. 5 was amended so that the governing body must canvass the • results of the primary election on the third day after the primary. Minn. Stat. § 205.185 was amended so that the governing body must canvass the results of the general election between the third and tenths days after the general election. Budget Issues: There are no budget issues to consider. • A9ission: Ensuring an attractive., clears, safe community that enhances the quality of fife and preserves the public trust • 205.041 MS 1973 Supp Repealed, 1974 c 337 s 18 205.05 MS 1957 Repealed, 1959 c 675 art 13 s 1 205.05 MS 1974 Repealed, 1976 c 44 s 70 205.06 MS 1957 Repealed, 1959 c 675 art 13 s 1 205.06 MS 1974 Repealed, 1976 c 44 s 70 NEWLANGUAGE2010 205.065 PRIMARY ELECTIONS. Subdivision 1. Establishing primary. A municipal primary for the purpose of nominating elective officers may be held in any city on the *fit *second Tuesday *afLef the seeend 14eaday in September- * August of any year in which a municipal general election is to be held for the purpose of electing officers. ** *The date of a municipal primary held in an odd - numbered eay r may be postponed for inclement weather as • provided in section 205.105. Subd. 2. Resolution or ordinance. The governing body of a city may, by ordinance or resolution adopted * eA least thfee fnent s bef - -e the ne * by April 15 in the year when a municipal general election *is held elect to choose nominees for municipal offices by a primary as provided in this section. The resolution or ordinance, when adopted, is effective for all ensuing municipal elections until it is revoked. The municipal clerk shall notify the secretary of state and the county auditor within 30 days after the adoption of the resolution or ordinance. Subd. 3. Repealed, 1994 c 646 s 28 Subd. 4. Candidates, filing. The clerk shall place upon the primary ballot without partisan designation the names of individuals whose candidacies have been filed and for whom the proper filing fee has been paid. When not more than twice the number of individuals to be elected to a municipal office file for nomination for the office, their names shall not be placed upon the primary ballot and shall be placed on the municipal general election ballot as the nominees for that office. Subd. 5. Results. The municipal primary shall be conducted and the returns made in the manner provided for the state primary so far as practicable. * * w4thi , twe a ^ ^ * * On the third day after the primary, the governing body of the municipality shall canvass the returns, and the two candidates for each office who receive the highest number of votes, or a number of candidates equal to twice the number of individuals to be elected to the office, who receive the highest number of votes, shall be the nominees for the office named. Their names shall be certified to the municipal clerk who shall place them on the • 2 205.18 MS 1957 Repealed, 1959 c 675 art 13 s 1 205.18 MS 1992 Repealed, 1994 c 646 s 28 LANGUAGE NEW 1 2010 205.185 PROCEDURE. Subdivision 1. Materials, ballots. The municipal clerk shall prepare and have printed the necessary election materials, including ballots, for a municipal election. Subd. 2. Election, conduct. A municipal election shall be by secret ballot and shall be held and the returns made in the manner provided for the state general election, except as expressly provided by law. Subd. 3. Canvass of returns, certificate of election, ballots, disposition. (a) Within seven days Between the third and tenth days after an election, the governing body of a city conducting any election including a special municipal election, or the governing body of a town conducting the general election in November shall act as the canvassing board, canvass the returns, and declare the results of the election. The governing body of a town conducting the general election in March shall act as the canvassing board, canvass the returns, and declare the results of the election within two days after an • election. (b) After the time for contesting elections has passed, the municipal clerk shall issue a certificate of election to each successful candidate. In case of a contest, the certificate shall not be issued until the outcome of the contest has been determined by the proper court. (c) In case of a tie vote, the canvassing board having jurisdiction over the municipality shall determine the result by lot. The clerk of the canvassing board shall certify the results of the election to the county auditor, and the clerk shall be the final custodian of the ballots and the returns of the election. Subd. 4. Recount. A losing candidate at a municipal election may request a recount of the votes for that office subject to the requirements of section 204C.36. History: 1983 c 62 s 9; 1999 c 132 s 34; ISp2001 c 10 art 18 s 37; 2004 c 293 art 2 s 37, 38 2010 c 194 s 22 205.19 MS 1957 Repealed, 1959 c 675 art 13 s 1 205.19 MS 1982 Repealed, 1983 c 62 s 12 205.20 MS 1957 Repealed, 1959 c 675 art 13 s 1 205.20 MS 1992 Repealed, 1994 c 646 s 28 205.21- 205.83 MS 1957 Repealed, 1959 c 675 art 13 s 1 13 • City Council Agenda Item No. 10c COUNCIL ITEM MEMORANDUM DATE: June 8, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer 55�, SUBJECT: Resolution Authorizing Transfer of Fund Balance for Capital Purposes Recommendation: It is recommended that the City Council approve the transfer of funds from the General Fund to the Capital Improvements Fund to pay for the design and construction of the approved projects for non - utility funded building improvements. Background: In November of 2007 the Public Works Department presented a Capital Maintenance Building Plan (CMBP) for municipal public buildings assembled by Bonestroo Engineers and Architects. The plan detailed 18 years of maintenance and repairs that should be performed on public buildings and facilities to protect the City's investment in those assets. The first two years of projects (2008 and 2009) were funded by the Municipal Liquor and utility funds. Currently for the 2010 CMBP, the City's Capital Improvement plan designates funding from the utility funds for utility related improvements and the remainder of the funding as "to be determined ". • In order to continue with the CMBP in 2010, funding sources were considered for the "to be determined" source and the General Fund cash reserves have been identified for consideration for the 2010 project. The attached spreadsheet details the recommended use of General Fund dollars for completion of the 2010 CMBP project. Budget Issues: The non - utility funded items in the 2010 CMBP project will use $115,900 of General Fund cash in 2010, if approved. This amount would come from a portion of the net revenues from the 2009 General Fund operations. This transfer would keep the General Fund within the reserve policy parameter of having a balance at the close of each fiscal year of 50 to 52 percent of the next year's General Fund operating budget. The amount in excess of the 50 percent policy at the end of 2009 was $308,044 and will be reduced to $192,144. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements 6. We will respond to increased public awareness and interest in environmental sustainability and green community issues - Arission: Ensuring an tlttraelive. clean, safe eammunitr that enhances the qualitr of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING TRANSFER OF FUND BALANCE FOR CAPITAL PURPOSES WHEREAS, there is accumulated unspent funds in the General Fund in excess of amounts required by cash flow needs; and WHEREAS, the Capital Maintenance Plan for Public Buildings dated November 2007 was funded in 2008 and 2009 with transfers of funding from the Municipal Liquor Fund; and WHEREAS, the Capital Maintenance Building Plan will require funds totaling $148,500 for the work scheduled in 2010 by the Capital Improvements Plan adopted by the City Council on December 14, 2009. WHEREAS, the Sanitary Sewer and Water Utility Funds will fund $32,700 of the project costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager is hereby authorized to transfer funds from the General Fund to the Infrastructure Construction Fund in the amount of $115,900 to be used for the 2010 projects scheduled in the Capital Maintenance Building Plan as scheduled in the Capital Improvements Plan adopted December 14, 2009. June 14, 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. • Table 1. 2010 Capital Maintenance Building Plan Improvements - Cost Summary ITEM Estimated Amount Improvement Costs 2010 CMBP - Contract Amount $ 54,948.00 Garage Lighting, Grant Application - Xcel $ 4,270.00 Community Center - Tree Trust $ 5,000.00 Evergreen Park (paint/stain) - Public Works $ 1,600.00 Cold Storage Bldg Bit patching) - Public Works $ 27,782.00 Community Center pool work - separate contract $ 10,000.00 10% Contingency $ 10,400.00 Bonestroo fees $ 27,500.00 Admin/Eng /Legal $ 7,100.00 Total Costs $ 148,600.00 Revenues General Fund $ 115,900.00 . Water Utility $ 31,000.00 Sanitary Sewer Utility $ 1,700.00 Total Revenues $ 148,600.00 Dale: June S, 2010 i City. Council Agenda Item No. lOd COUNCIL ITEM MEMORANDUM DATE: June 14, 2010 TO: Curt Boganey, City Manager FROM: Vickie Schleuning,� City Manager/Director of Building & Community Standards SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of diseased trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of diseased trees that were recently marked by the city tree inspector. The City of Brooklyn Center • has maintained a policy of removing and properly disposing of diseased trees in order to prevent tree diseases from spreading throughout the community. The removal of diseased trees is defined in City Ordinance Chapter 20 -301to 20 -306. Although the city has historically focused on Dutch Elm disease, other transmissible diseases and infestations are addressed as well. Property owners are given the opportunity to remove the diseased tree on their own or enter an agreement to allow the city to remove the diseased tree. Where an agreement with the property e of 50 is administrative char $ owner is executed a minimal admire g applied to the costs associated with the tree removal. After a diseased tree is declared a P ublic nuisance by the City Council, another Compliance Notice will be provided to the property owner allowing additional time, at least five days, for voluntary correction, again providing an option for an agreement with the City. If the property owner does not correct the violation or enter an agreement, the city will remove the diseased tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The City's share of the cost of removal for diseased trees within the public right -of -way and on City property is included in the 2010 budget under the Public Works Forestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the respective property owner, and if unpaid, is specially assessed to the property. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Council Goals: • Strategic: 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 thepublic trust . adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20 -301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and WHEREAS, removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance. Property Owner Property Address Tree Type and No. Joanne M Lynk 5743 Fremont Ave N Ash - 5 John T Wrzos & Nancy Johnson 5338 Knox Ave N Elm — 8 Jennifer A Foster 6800 Scott Ave N Elm — 9 Lee D Tillman 58071-111 boldt Ave N Elm - 11 2. After twenty (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be • specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. RESOLUTION NO. June 14, 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. • • AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION . June 14, 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. Zoning Consideration Relating to Farmer's Markets 2. Recording of Work Sessions — Councilmember Yelich PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Sister City Update — Curt 2. 57th and Logan Update 3. Strategic Outcome Reports 4. Prosecutor Services Contract 5. Community Schools Update • 6. 2011 Brooklyn Center Celebration Update 7. Neighborhood Designations 8. Junk and Inoperable Vehicles Update — Back Yard Parking 9. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January 10. Brookdale Mall Update 11. Joslyn/City Property Remediation Update 12. Department Year End Reports 13. Active Living Program 14. RER — Howe Fertilizer Update 15. Garbage Hauler Report • • Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION • DATE: June 9, 2010 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Zoning Consideration Relating to Farmer's Markets Recommendation: It is recommended that the City Council consider providing direction to the Planning Commission and Staff regarding amending the zoning ordinance as it relates to Farmers Markets. Background: On April 27, 2010 the Planning Commission reviewed the existing provisions of the Section 35 -800 Administrative Land Use permits and how these provisions were applied to the Farmers Market which operated from the Brookdale Mall parking lot in 2009. The Commission also was informed of interest expressed by 3 properties to either operate a farmer market or produce stand this year: 1. The owner of Max Sun Foods, 6350 Brooklyn Boulevard, has submitted a proposal to operate a Farmer's • Market for Minnesota Grown vegetables and fruits, that would operate Friday, Saturday, and Sundays from June 15th thru October 31St. 2. Mr. Bobbie Fern, the owner of the large garden area in the Southwest quadrant of Brooklyn Boulevard and Bass Lake Road, has indicated plans to continue a community garden activity on his property with the sales of the produce by charitable organization. He has also indicated a desire by the charitable organization to expand /supplement the market with other produce donated by other farming /charitable operations. 3. Ms Yang, the organizer of last year's Farmer's Market, has indicated that she is working with Cub Foods in providing a market this year and is interested in a applying for a 30 week permit. There was discussion among the Commission regarding what types of products would be allowed within the scope of a Farmer's Market and how to define proper language to specifically describe those products without excluding such products as honey, dairy and meats. Suggestions were made by the Commission to incorporate language that would include produce, fruits, plants, flowers, herbs and other farm products. Additionally, the Commission discussed changes to the ordinance that would allow an outdoor Farmer's Market on vacant commercial land. On May 27, 2010 the Planning Commission continued their review of farmers markets, defining/scoping of products that could be sold, and the process of a zoning ordinance amendment. :Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION The consensus of the Commission was to proceed with recommendations to establish /allow Farmer's Markets under the Administrative Land Use permit process. Attached for your reference are copies of the Planning Commission minutes and staff memorandums for the above referenced meetings. Section 35 -800, Administrative Permits Section 35 -800 of the zoning ordinance provides for the issuance of administrative permits for temporary land uses that do not substantially impair the parking capacity of the principal use and that do not impair safe and efficient pedestrian or vehicular traffic on or off the premises. The review of the permit application includes factors such as the time of the year, parking layout, nature of the use, and other pertinent factors relative to the request and area. The code provides for two categories of applicants: 1. Church functions, civic functions, charities, carnivals and similar functions. 2. Permitted and Special Uses within non - residential zoning districts. Within the non - residential districts a permit not exceeding 30 consecutive weeks in any calendar year is allowed for out of door retail sale, storage and display of merchandise or offering of services when accessory to or promoting a permitted use or special use within a . nonresidential zoning district. This section specifically references nursery and garden merchandise, including lawn furniture and equipment. and storage of nursery and garden merchandise, including lawn furniture and equipment. A review of past administrative permits indicates that these permits were issued for seasonal plant sales that were held in the parking lots at Malborg's Nursery- Greenhouse, Cub Foods, and Brookdale Center. Policy Issues: 1. Does the City Council want the Planning Commission to consider changes to the administrative land use provisions that would allow Farmers Markets to operate on an annual 30 week permit similar to Out -of -door nursery and garden center sales and displays? 2. Does the City Council want the Planning Commission to consider changes to the zoning ordinance that would allow a farmers market to be located on a vacant commercial lot? 3. Does the City Council want the Planning Commission to consider changes to the zoning ordinance that would allow farmers markets to locate within zoning districts other than commercial; such as institutional uses as government centers, regional library, schools, religious institutions, and/or parks? Afission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust - MEMORANDUM COUNCIL WO RK SESSION • 4. Does the City Council find the following list of products which may be offered for sale at a farmers market acceptable? 1. Fruits, vegetables, wild or cultivated mushrooms, nuts, herbs, eggs, honey, maple syrup, sorghum, jams or jellies. 2. Plant products - Flowers, herbs or bedding plants or nursery stock that have been started from seed or raised by the vendor for 45 days or more. The intent of this time requirement is to ensure that plant vendors are local growers who care for or modify their plant products in some significant way, and are not retailers who simply buy and then resell plants. 3. Meat, poultry or fish products, if made 100% from animals or fish produced or raised by the vendor. 4. Dairy products, if made 100% from milk produced by the vendor 5. Baked goods 6. Forest products - wood or other plant products harvested by the vendor from their own forest land or from public land, subject to applicable permits. 7. Crafts - no crafts unless a) they are made by the vendor and substantially derived from vendor's farm or forest products and b) they do not include purchased raw materials or commercially prepared products, unless they are significantly transformed through handcrafting. 8. Nothing may be sold which is prohibited under local, state or federal law or rules Strategic: 1. We will positively address the community demographic makeup and increasing cultural diversity 2. We will respond to increased public awareness and interest in environmental sustainability and green community issues i Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust PLANNING COMMISSION MINUTES • REGULAR SESSION MAY 27, 2010 DISCUSSION ITEM — FARMER'S MARKETS Mr. Eitel presented the staff report, noting the following: • At the April 29` meeting, the Commission discussion a number of variables associated with arriving at a definition of a farmers market: • Minnesota Grown or a local farming market? Is it appropriate to limit the products to Mi g P • c ition that the definition should not necessarily limit the scope Re ogn Y e of the market to P farm produce products (i.e. not to exclude honey, nuts, dairy products, meat products, eggs, bakery products, jams, jellies, preserves, etc.) • Review of various web sites relating to Farmer's Markets and reference to Minnesota Grown Products as a reference to fresh/daily picked produce and not shipped/resale products. • A definition for a Farmer's Market that is more inclusive than just agricultural products: 1. Fruits, vegetables, wild or cultivated mushrooms, nuts, herbs, eggs, honey, maple syrup, sorghum, jams or jellies. 2. Plant products - Flowers, herbs or bedding plants or nursery stock that have been started the vendor for 45 days or more. The intent of this time from seed or raised b • Y Y requirement is to ensure that plant vendors are local growers who care for or modify their plant products in some significant way, and are not retailers who simply buy and then resell plants. 3. Meat, poultry or fish products, if made 100% from animals or fish produced or raised by the vendor. 4. Dairy products, if made 100% from milk produced by the vendor 5. Baked goods 6. Forest products - wood or other plant products harvested by the vendor from their own forest land or from public land, subject to applicable permits. 7. Crafts - no crafts unless a) they are made by the vendor and substantially derived from vendor's farm or forest products and b) they do not include purchased raw materials or commercially prepared products, unless they are significantly transformed through handcrafting. 8. Nothing may be sold which is prohibited under local, state or federal law or rules • Amending the Chapter 35 -800, Para 2. (a) to include Farmers' Markets as an out of door retail sale, display and storage of nursery and garden merchandise, including lawn furniture and equipment, for a period not to exceed 30 consecutive weeks in any one calendar year. The permit fee shall be as set forth by City Council resolution. Ms. Peony Yang, 4830 Aldrich Avenue, Minneapolis, stated to the Commission that she had a • very successful season last year with the Farmer's Market when she was located at Brookdale. . She said she has talked to Target and CUB and they were receptive to allowing a Farmer's Market in their parking lots. Mr. Eitel added that since both locations are a commercial use, they would be allowed under the provisions of an Administrative Land Use Permit. Commissioner Kuykendall stated that both Target and CUB parking lots are extremely busy and might not be able to handle additional parking and traffic flow. Mr. Eitel stated that if a Farmer's Market were located at CUB, it would likely be in the same location that there is currently a garden center. Commissioner Kuykendall stressed her concern with locating a Farmer's Market in a location that already experiences heavy customer traffic where the parking places shouldn't be compromised with another use. There was further discussion among the Commission regarding allowing a Farmer's Market at a location, such a vacant lot, where traffic would not be an issue rather than located at a business that already experiences heavy traffic use and congestion. Chair Rahn stated that for the success of the Farmer's Market it should be located in a highly visible and accessible location. Ms. Yang stated that in the past, the Farmer's Markets have not generated more than 20 cars at a time. She added that customers generally come and go very quickly and do not stay around very long. Commissioner Parks stated that allowing a Farmer's Market with a ten day Administrative Land Use permit for now will allow them to operate until the staff is able to define Farmer's Markets and allow them to operate for an entire season (30 weeks) with an Administrative Land Use permit. Ms. Yang asked who would be allowed to apply for and receive a permit for Farmer's Markets and how many would be allowed in the city. Chair Rahn asked for direction from staff on the question. Mr. Eitel responded that it would be very unlikely that the city could control the number of Farmer's Markets allowed in the city and would not be able to limit who can apply for a permit to operate a Farmer's Market. Commissioner Campbell- Sudduth asked Ms. Yang why she is concerned with the issue of who could apply for a permit. Ms. Yang responded that she feels that the Farmer's Market would be more successful if they were all located in the same location at the same time. Commissioner Parks pointed out that he feels that until the Farmer's Markets become more popular in the city, he doesn't feel there will be many applying for permits, and hopefully, if there is an interest by others, they can be coordinated. He stated that he felt it is the consensus of the Commission to direct staff to go forward and put together an ordinance amendment that would incorporate language to allow for Farmer's Markets under Administrative Land Use Permits and present it to the Commission at the next meeting for review. • Commissioner Leino arrived at 8:18 p.m. Chair Rahn left the meeting t 8:20 g .m. p • Mr. Eitel identified a potential schedule for an ordinance amendment, Planning Commission review for applications involving an extended use of a parking lot, the use of the existing ten day Administrative Use permits to operate Farmer's Markets until an ordinance amendment is effective, and the possibility that garden merchandise could be interpreted to include produce. This would allow the produce component of a Farmer's Market to operate under a 30 week permit pending an ordinance amendment. The consensus of the Commission was to proceed wi th recommendations to establish/allow Farmer's Markets under the Administrative Land Use permit process. • . To: Members of the Planning Commission From: Gary Eitel, Planning Commission Secretary Date: May 26, 2010 Subject: Discussion Items for May 27, 2010 Planning Commission Meeting Item # 6 Discussion Items: A. Continued discussion on Farmers Markets: Review of Section 35 -800 Administrative Use Permits — Outdoor Sales Markets for Produce, Fruits, Plants, Flowers and Herbs. At the April 29 meeting, the Commission discussion a number of variables associated with arriving at a definition of a farmers market: • Is it appropriate to limit the products to Minnesota Grown or a local farming market? • Recognition that the definition should not necessarily limit the scope of the market to farm produce products (i.e. not to exclude honey, nuts, dairy products, meat products, eggs, bakery products, jams, jellies, preserves, etc.) • Continuing a review on the numerous web sites, I have come up with additional information that may be helpful to the Commissioners: The City of Richfield's Web Site starts with a heading Enjoy Minnesota Grown Produce "The Richfield Farmers' Market has brought you the very best in Minnesota grown produce since 1990. As least 80 percent of the products we sell are produced and processed in this state. Our vendors take pride in growing and making their own products. Generally what you buy was just picked the day before within 200 miles of the market. Featured items include: • Fresh fruit, vegetables and herbs • Bedding plants, hanging baskets, cut flowers • Meat and cheese • Fresh bakery goods • Honey • Nuts For you shopping convenience and added variety, the market makes an exception to offer a selection of some fruits and vegetables that cannot be grown in Minnesota or are out of season." The City of Avon is one of the few ordinances that we have been able to identify at this time and has been included for reference. City of Avon 2009 Farmers' Market Rules and Regulations (attached). Identifies produce as vegetables, fruits, herbs, cut or dried flowers, • bulbs, cut or dried flowers, bulbs and bedding plants. Other agricultural products, including meat, eggs, dairy products, and perennials may be sold if specially approved by the Board and in compliance with State guidelines. The University of Minnesota Extension Service has an outline on The Governance Structure of Your Farmers' Market (attached). An option that I would like the Commission to consider is an ordinance amendment that defines Farmers' Markets to include, but not necessarily limited to the following products: 1. Fruits, vegetables, wild or cultivated mushrooms, nuts, herbs, eggs, honey, maple syrup, sorghum, jams or jellies. 2. Plant products - Flowers, herbs or bedding plants or nursery stock that have been started from seed or raised by the vendor for 45 days or more. The intent of this time requirement is to ensure that plant vendors are local growers who care for or modify their plant products in some significant way, and are not retailers who simply buy and then resell plants. 3. Meat, poultry or fish products, if made 100% from animals or fish produced or raised by the vendor. 4. Dairy products, if made 100% from milk produced by the vendor 5. Baked goods 6. Forest products - wood or other plant products harvested by the vendor from their own forest land or from public land, subject to applicable permits. 7. Crafts - no crafts unless a) they are made by the vendor and substantially derived from vendor's farm or forest products and b) they do not include purchased raw materials or commercially • prepared products, unless they are significantly transformed through handcrafting. 8. Nothing may be sold which is prohibited under local, state or federal law or rules And amending the Chapter 35 -800, Para 2. (a) to include Farmers' Markets as an out of door retail sale, display and storage of nursery and garden merchandise, including lawn furniture and equipment, for a period not to exceed 30 consecutive weeks in any one calendar year. The permit fee shall be as set forth by City Council resolution. B. Discussion on issues relating to the Sign Signage: • Use of temporary signs for business promotion (portable & banners) • Office building identification/signage with multiple street frontages. Attached for your reference is a copy of Section 34 -130, Prohibited Signs. The discussion will focus on clarification on the intent of the sign ordinance as it relates to Para 7. Banners , pennants, streamers , balloons, stringers or similar attention attracting devices, unless approved in conjunction with an Administrative Permit as provided in Section 35 -800 or unless authorized by Section 34 -140, Subdivision 2m or 20 of the City Ordinances and Para 9. Portable Signs, except as provided in Section 34 -140, Subdivision 2f unless approved in conjunction with an Administrative Permit as provided in Section 35 -800 of the City Ordinances The question will specifically request input on how the City would like to treat Grand Openings, • Promotional events for businesses, and whether it is appropriate to consider standards for these • types activities. Additionally, we will review the practice of allowing these types of signs for limited periods with an Administrative Use Permit, Chapter 35 -800 Administrative Permits. A second sign issue that has recently been raised relates to Office Building Identification, Para. B- c. Multi story Office Buildings in Commercial (Cl and CIA) Districts, Multistory office buildings may have a wall or projecting sign identifying the building on each wall provided the area of such sign does not exceed 10% of the area of the wall supporting the sign. The question pertains to the use of the high exposure of the Shingle Creek Towers Office Building to identify a significant tenant, ITT Institute on the Highway 100 side of the building and maintain the Shingle Creek Towers identification on the 694 exposure of the building. C. May 10, 2010 City Council Update /Actions on Planning Commission Items The City Council accepted the Planning Commission recommendations on the Vanguard Construction,Inc. 2010 -007 PUD Amendment and Site & Building approval for construction of a 6,757 sq. ft. multi - tenant office building at the 69 Avenue Brooklyn Market PUD. • PLANNING COMMISSION MINUTES • REGULAR SESSION APRIL 29, 2010 DISCUSSION ITEMS Review of Section 35 -800 Administrative Use Permits — Outdoor Sales Markets for Minnesota Grown Produce, Fruits, Plants Flowers, and Herbs Mr. Eitel explained to the Commission that he has been approached about the possibility of allowing a Farmer's Market to be operated in the city at the Sun Foods Location (63 and Brooklyn Boulevard), as well as two other locations. This process would require an amendment to Chapter 35 of the City Ordinances that would include a definition to allow the sale of garden merchandise and produce under the Administrative Land Use permit process. This would be similar to permits issued for seasonal garden centers. There was discussion among the Commission regarding what types of products would be allowed within the scope of a Farmer's Market and how to define proper language to specifically describe those products without excluding such products as honey, dairy and meats. Suggestions were made by the Commission to incorporate language that would include produce, fruits, plants, flowers, herbs and other farm products. The Commission also discussed incorporating language in the ordinance to allow an outdoor Farmer's Market on vacant • commercial land, which is not currently allowed. Mr. Eitel responded that he will consult with the City Attorney for proper language and report back to the Commission. i • MEMORANDUM T0: Planning Commission Members From: Gary Eitel, Director of Business and Development DATE: April 22, 2010 SUBJECT: Review of Section 35 -800 Administrative Use Permits - outdoor sales markets for Minnesota grown produce, fruits, plants, flowers, herbs. Background Information: Section 35 -800 of the zoning ordinance provides for the issuance of administrative permits for temporary land uses that do not substantially impair the parking capacity of the principal use and that do not impair safe and efficient pedestrian or vehicular traffic on or off the premises. • The review of the ermit application includes factors such as the time of the year, parking p pp p layout, nature of the use, and other pertinent factors relative to the request and area. The code provides for two categories of applicants: 1. Church functions, civic functions, charities, carnivals and similar functions. 2. Permitted and Special Uses within non - residential zoning districts. Within the non - residential districts a permit not exceeding 30 consecutive weeks in any calendar year is allowed for outdoor retail sale, display, and storage of nursery and garden merchandise, including lawn furniture and equipment. A review of past administrative permits indicates that these permits were issued for seasonal plant sales that were held in the parking lots at Malborg's Nursery- Greenhouse, Cub Foods, and Brookdale Center. In 2009, Ms. Paome Yang introduced the concept of a Farmer's Market to be held within the parking lot of Brookdale Center. The Planning Commission discussed the concept at their June 11, 2009 meeting. The attached minutes of this meeting reflect discussions on defining what a farmers market entailed and what provisions should be considered in amending the City's ordinances to allow such a use. i Ms. Yang was permitted to operate the 2009 Farmer's Market through the use of administrative permits that were issued to businesses within the mall under the provisions of 2 (b) of the code, miscellaneous outdoor retail sales or display or promotional events for • periods not to exceed 10 consecutive days. Two 10 day permits were allowed per premise per calendar year. Note: The practice for multi - tenant locations has been that each business is allowed two 10 day permits. Attached for your reference is a copy of the Planning Commission Minutes, the staff memo prepared for that discussion item, and a copy of Section 35 -800 Administrative Permits. 2010 Proposed Out Door Sales Markets: The following requests and inquiries have been made regarding planned and potential out door sales /markets /stands: 1. The owner of Max Sun Foods, 6350 Brooklyn Boulevard, has submitted a proposal to operate a Farmer's Market for Minnesota Grown vegetables and fruits, that would operate Friday, Saturday, and Sundays from June 15th thru October 31St. 2. Mr. Bobbie Fern, the owner of the large garden area in the Southwest quadrant of Brooklyn Boulevard and Bass Lake Road, has indicated plans to continue a community garden activity on his property with the sales of the produce by charitable organization. He has also indicated a desire by the charitable organization to • expand/ supplement the market with other produce donated by other farming /charitable operations. 3. Ms Yang, the organizer of last year's Farmer's Market, has indicated that she is working with Cub Foods in providing a market this year and is interested in a applying for a 30 week permit. An application or proposal has not been submitted for our review as of this time. I I • Work Session Agenda Item No. 2 MEMORANDUM - COUNCIL WORK SESSION DATE: June 10, 2010 • TO: City Council FROM: Curt Bo ane City Manager g Y� Y g SUBJECT: Video Recording Work Sessions — Per Council Member Yelich Recommendation: Council member Yelich has requested discussion of the subject item. Background: Policy Issues: Council Goals: • Allssion: Ensuring an attractive clean, sae cownunit ; that enhances the uality of life and preserves the public trust