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HomeMy WebLinkAbout2011 05-09 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION May 9, 2011 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center May 9, 2011 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 followin g Y Y items are considered to be routine b 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. April 25, 2011 — Study Session 2. April 25, 2011 — Regular Session 3. April 25, 2011 — Work Session b. Licenses C. Resolution Amending the City Council Code of Policies; Adding Policy for In- Street Pedestrian Crossing Signs d. Resolution Approving Contract for Law Enforcement Labor Services (LELS) Local 82 and the City of Brooklyn Center for the Calendar Year 2011 e. Resolution Authorizing the Execution of a Construction Agreement between Xcel Energy and the City of Brooklyn Center for Street Lighting Facilities CITY COUNCIL AGENDA -2- May 9, 2011 7. Presentations/Proclamations/Recognitions/Donations a. Northwest Hennepin Human Services Council Annual Report Requested Council Action: — Motion to accept annual report. 8. Public Hearings None. 9. Planning Commission Items None. 10. Council Consideration Items a. Consideration of Type IV 6 -Month Provisional Rental License for 5715 Emerson Avenue North Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. —Take action on rental license application and mitigation plan. b. Consideration of Type IV 6 -Month Provisional Rental License for 6101 Xerxes Avenue North Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. —Take action on rental license application and mitigation plan. C. Consideration of Type IV 6 -Month Provisional Rental License for 6757 Humboldt Avenue North Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. —Take action on rental license application and mitigation plan. • CITY COUNCIL AGENDA -3- May 9, 2011 d. Consideration of Type IV 6 -Month Provisional Rental License for 5636 Irving Avenue North Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. —Take action on rental license application and mitigation plan. 11. Council Report 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 Regulated by the City of Brooklyn Center —This item was tabled at the May 10, 2010, meeting. i • EDA MEETING City of Brooklyn Center May 9, 2011 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. April 25, 2011 — Regular Session 4. Commission Consideration Items a. Temporary License Agreement for the placement of a Real Estate Sign for the Shingle Creek Development on the EDA parcel (former Boulevard Bar & Grill restaurant site) Requested Council Action: — Motion to approve temporary license agreement. 5. Adjournment • I AGENDA CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 9, 2011 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. Designating City Commission to Provide Review and Input on the Watershed Management Plan 2. Update on Planning Commission Applications for Shingle Creek Crossing PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Progress Reports on Achievement of Strategic Goals 2. School District Discussions /BC Strategic Plan Report 3. All City Open House 4. Sister City Update 5. Neighborhood Designations 6. Active Living Program 7. Graduated Sanitary Utility Rate Study 8. Garbage Hauler Organized Collection Update 9. Financial Commission Report — Utility Collection 10, Youth Participation Request 11. Highway 252 Update — June 2011 12. Annual Department Year End Reports • ,w'i., f rr i�nY �': _� .rte' .;�� �� :A J M`�� 4 4! r w a-= imm, L � � i ��� �� ����r � � <<i �, �, � -j r '::��� 4. ob �;. .ter m,.... i n, h ..t r; ae /1 ��o�� � ����� :��; � �� y air iL _ ti .v t /w AW i�J ` «��r,fir' 1!� �,;,,,� �% r+► �� 4 It ��-:� ��, .�rr° `, ktr ��r,}. ���, �. '�; .�, �, u s�i, �, �. .�; k � �� ' r f.' `�+'�' J . ��� YM1� _ �&. y I 1 '� .I 0. s �! �� ,;�. _. .t; � , /' '({ .� ;�ti•�� 4 .,� ��, '' �,a�.:: � `- '� � r l ,_ .�+� r Yc, �� �� �: 1 ; ' , mss. � \ ..1�. '' 1VR�. IY- % f r lit we VIP- LL _ 7/7 77 fl aA 1►. e - r ����v� J ;�1� � ��� , �j 1 �������� �� �� r Yi ¢k• • ' � O i r A�i 44z ..Ct i � �� � � ' ' n �;� � � ��J � .., __ rt. �i . _ � - �. ,� �, \ . - :, .� a - , � - i ;�,, //<<�� �d� ,%�6G v ! ��c ��s5���' �� ..,��: _.,�} -� �. .� y�. �. ;, All, XofKLYN TER Olapor'm; Vrodamattoll WHEREAS, in 1952 an event was inaugurated by Christian leadership groups in the United States Senate and the House of Representatives; and WHEREAS, the Annual Presidential Prayer Breakfast has become a time for the rededication of the individual and the Nation to God; and WHEREAS, a volunteer committee of concerned citizens have joined together to sponsor the 33rd Annual Brooklyn Center Community Prayer Breakfast "Who is my neighbor"on Saturday, May 7, 2011, at the historic Earle Brown Heritage Center for a similar rededication of local Comm ni t leaders e s an d b usiness representatives rese ntative and our Cit y y to high Judeo-Christian ideals; and WHEREAS, Jin S. Kim,Senior Pastor of Church Of All Nations,has consented to be the featured speaker for this event; and WHEREAS, Cross of Glory's Crosswalk Praise Band will provide the music. NOW,THEREFORE,I,TIM WILLSON,AS MAYOR OF THE CITY OF BROOKLYN CENTER,State of Minnesota, do hereby proclaim that Saturday, May 7, 2011, be designated as a day of spiritual rededication in Brooklyn Center,calling upon all citizens to seek to experience spiritual and political freedom and to join in quiet reverence and dedication as stated in the Declaration of Independence: "We hold these truths to be self evident; that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life,liberty, and the pursuit of happiness;that to secure these rights,governments are instituted among men..." MAY 7, 2011 Date Mayor City Council - Agenda Item No. 6a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 25, 2011 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 Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS . Councilmember Lasman requested discussion of Item 6g, Resolution Authorizing the Execution of a Cooperative Agreement between the City of Minneapolis and the City of Brooklyn Center Regarding Bicycle Parking Project, and in particular where bike racks will be located. Public Works Director /City Engineer Steve Lillehaug advised staff has not yet identified specific locations but would propose locations where concrete pads were already installed. He reviewed several locations that can accommodate bicycle racks and the City has easements and right -of- way. Councilmember Lasman asked how many bike racks would be installed. Mr. Lillehaug explained that $4,300 has been allotted, so it will depend on how much the bike racks cost. Councilmember Kleven suggested that Northport Park be considered as a potential location. Councilmember Lasman referenced Item 6i, Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2011 -01, 02, 03 and 04, Palmer Lake East Neighborhood Street and Utility Improvements, and indicated she is glad that additional soil borings were carefully looked at because she preferred a solid upfront bid rather than a change order later on. Councilmember Roche asked if the project was being awarded to the same company used in the Twin Lake area. Mr. Lillehaug advised it is not, it is Ryan Contracting. Councilmember Ryan advised that he is not affiliated with Ryan Contracting and asked what happens if the same delays occur as experienced with the Dupont Avenue project. He expressed concern that the contractor would operate with minimum crews. City Manager Curt Boganey 04/25/11 -1- DRAFT advised that penalties have been incorporated into the contract and staff held upfront discussions with the contractor regarding that concern. The City has levied liquidated damages on previous projects, so it is clear to contractors that the City will respond immediately if there are delays that could be avoided. Mr. Lillehaug stated the City does not like to assess liquidated damages, so staff has laid out a detailed schedule and staging plan, identifying specific locations for each stage with interim completion dates. In addition, every time the contractor requests a payment (monthly) staff will request an updated schedule and if it is not provided, payment is not made. Should interim completion dates not be met, fees will be instituted. Councilmember Ryan requested discussion on Item 6c, Resolution Adopting a "Request for Proposals" Document for Providing Insurance Agent of Record Services, and asked what service is being provided by the insurance agent. Mr. Boganey explained that the League of Minnesota Cities Insurance Trust is an insurance pool of municipalities and managed by the Trust. He described the services provided by the insurance agent, as the intermediary between the City and the Trust, and the City's reliance on the agent's expertise to determine the types and level of insurance coverages. Mayor Willson requested discussion on Item 6e, Resolution Amending the City's Fee Schedule to Add Online Permit Transaction Fee, and asked questions about the process with regard to electronic media. He noted the need to post a paper copy of the permit at the subject property and expressed concern regarding potential for fraud via manipulation of the electronic file and the inspection process. Mr. Boganey advised that inspection activities remain the same with the electronic option and he did not think fraud would be more of an issue electronically than with issuing a paper copy of the permit. Mayor Willson stated he had no objection to an electronic transaction as long as a process is in place to assure the permit is issued, paid for, and the work inspected. MISCELLANEOUS INVITATION TO PRESIDENT — CENTENNIAL CELEBRATION Mr. Boganey stated that he provided the Council with information about the issue of an invitation to the President and requested Council direction on its expectation. . Mayor Willson indicated he would be happy to sign the letter if the Council directed the City Manager to draft such an invitation. Councilmember Kleven commented on the length of time and preparations needed, prior to a Presidential visit, to secure the location and requirement to submit a detailed proposal and map. She stated such a visit involves an awesome responsibility. Mr. Boganey noted Councilmember Ryan had also indicated there is a significant amount of responsibility and cost associated with a Presidential visit, which should not be overlooked if the Council determines to extend an invitation. 04/25/11 -2- DRAFT I Councilmember Lasman agreed that the security detail and associated costs are impressive and a limiting factor when the President or the First Lady attend because the event is scrutinized. She noted it may also impact residents' ability to view the parade in their own community so all of the issues need to be considered before extending an invitation. Councilmember Roche noted this topic has been discussed for about nine months and suggested the visit not be focused on the parade but include any of the Centennial events or a fund raising event at the Earle Brown Heritage Center. He stated he is asking for a "grass roots" effort to see what happens and to also involve the elementary schools. Councilmember Roche noted that such a visit will raise awareness of Brooklyn Center, which he supports by any means and timing possible. Mayor Willson stated he is not opposed to considering an event other than the parade, but if the invitation is accepted, the City has to be ready and able to pay those costs. He noted that former Governor Pawlenty, who may run for president, may also be interested in attending an event. Councilmember Roche pointed out that the City has a stimulus bill project with the FBI building, is one of the most diverse communities in Minnesota, and 2011 is its centennial. He advocated for promoting those aspects and involving school children in the country's democratic experience. Councilmember Ryan stated if security costs have to be borne by the local jurisdiction, he would like to know potential costs. Then the Council can determine if it is possible to invite the President to visit an elementary school or attend an event at the Earle Brown Heritage Center. Councilmember Roche noted that whether a Presidential visit occurs or not, it is an exciting opportunity. Mr. Boganey stated he will draft an open ended invitation to the President to help celebrate the City's centennial year at a time of his convenience. Councilmember Kleven suggested the letter also inquire about the City's responsibilities. Councilmember Roche stated he will obtain signatures from elementary children, the future of this country and city, for submission to the Senator's office and ask for their help. Mayor Willson stated the Council is acquainted with Senators Klobuchar and Franken and suggested staff invite them to help the City with this inquiry. r The majority City Council consensus supported directing staff to prepare a letter of invitation to the President for signature by Mayor Willson. 04/25/11 -3- DRAFT DUPONT AVENUE PROJECT UPDATE Councilmember Roche questioned the timeline for the final coating of asphalt on Dupont Avenue. Mr. Lillehaug stated the liquidated damages for the Dupont Avenue and Twin Lake project has not been fully determined because the project is not yet completed. He indicated that staff is reviewing the punch list and working with the contractor to determine the schedule for the final wear course. MISCELLANEOUS Mayor Willson indicated he would raise issues during the Work Session related to Community Development Block Grant funding and a North Metro Mayor's Association document. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6;45 p.m. Motion passed unanimously. 04/25/11 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 25, 2011 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 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer. Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Heather Hernandez Viveros, 5900 Upton Avenue N., stated her concerns relating to the proposed Shingle Creek project and asked the City to work with residents to resolve their concerns. Gary Piekarezyk, 5842 Upton Avenue N., stated his appreciation to Councilmembers who viewed the site over the holiday weekend and voiced his concerns relating to the proposed Shingle Creek project. He provided photocopies of the project site and asked that the project be delayed so it could be further studied, their questions answered, and concerns addressed. Mary Saugestad, 5912 Upton Avenue N., presented a petition signed by eight residents indicating they favor improving the water quality, the area along the wood line, and in general making this area a true aesthetic value, stating their concerns, and requesting a compromise. She thanked Councilmembers and staff who visited the site. Ms. Saugestad stated her concern with the proposed Shingle Creek project and stated residents' willingness to work with the City to reach a compromise position. Tou Lee, 5836 Upton Avenue N., stated his concerns with the proposed Shingle Creek project and thanked Councilmembers for their time and consideration of this project that is located in residents' backyards. Patricia Holcomb, 5918 Upton Avenue N., reviewed aspects of the project that have changed since the first informational meeting and described her work to improve the buffer area. She 04/25/11 -1- DRAFT urged the City to research the problems experienced by the City of Minneapolis with a similar restoration project. ' Councilmember Roche moved and Councilmember Lasman seconded to close the Informal Open Forum at 7:00 p.m. Motion passed unanimously. 2. INVOCATION At the request of Councilmember Kleven, Pastor Allan Jospeh, All Nations Christian Fellowship, provided the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:02 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES L April 6, 2011 — Reception and Joint Work Session with City Commissions 2. April 11, 2011— Study Session 3. April 11, 2011 — Regular Session 4. April 11, 2011— Work Session 5. April 18, 2011— Board of Appeal and Equalization 6b. LICENSES MECHANICAL Anderson Heating & Air 1628 County Road 10, Spring Lake Park 04/25/11 -2- DRAFT Optimum Mechanical Systems 3030 Centerville Road, Little Canada Silvernail Enterprises 6603 36 Avenue N., Crystal RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE III — one-year license) 6724 Beard Avenue N. Gebremedhin Mehari INITIAL (TYPE II —two-year license) 819 & 82155 th Avenue N. Stephanie Statz 5425 70 Circle Ali Sajjad 5801 Colfax Avenue N. Dama Bekuto 5619 Hillsview Road James Kaun RENEWAL (TYPE III — one-year license) 6777 Humboldt Avenue N. Passed w /Weather Deferral Andrey Ryvlin 5617 Logan Avenue N. Darwin & Marcia Kulzer RE - RENEWAL (TYPE I — I two-year license 7206 -12 West River Road Jason Ingbretson 3707 61 Avenue N. Passed w /Weather Deferral Doug Wahl 6207 Dupont Avenue N. Passed w /Weather Deferral Thomas Le RENEWAL (TYPE I — three-year license) 5325 70 Circle Doug Wahl 6325 Brooklyn Boulevard Lien Kim Vo 2406 Ericon Drive Gary Brummer 3913 France Place Betty Nelson 6824 Fremont Place N. David Oium 4104 Lakeside Avenue Dan Mazzuco 7130 Logan Avenue N. James & Julie Kazmierkoski 7030 Regent Avenue N. Doug Wahl 6573 Riverwood Lane Betty Gundersen - Hargen SIGNHANGER Signation Sign Group 6840 Shingle Creek Pkwy, Brooklyn Center 6c. RESOLUTION NO. 2011 -62 ADOPTING A "REQUEST FOR PROPOSALS" DOCUMENT FOR PROVIDING INSURANCE AGENT OF RECORD SERVICES 6d. RESOLUTION NO. 2011 -63 ACCEPTING QUOTATION AND ® AWARDING A CONTRACT FOR 2011 DISEASED TEE REMOVAL 04/25/11 -3- DRAFT 6e. RESOLUTION NO. 2011 -64 AMENDING THE CITY'S FEE SCHEDULE TO ADD ONLINE PERMIT TRANSACTION FEE 6f. RESOLUTION NO. 2011-65 AMENDING THE CITY FEE SCHEDULE TO REMOVE LICENSE FEES FOR TATTOO AND BODY PIERCING ESTABLISHMENTS AND PRIVATE KENNELS; AND TO ADD LICENSE FEE FOR RENTAL LICENSE REINSTATEMENT 6g. RESOLUTION NO. 2011 -66 AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF MINNEAPOLIS AND THE CITY OF BROOKLYN CENTER REGARDING BICYCLE PARKING PROJECT 6h. RESOLUTION NO. 2011 -67 AUTHORIZING TRAFFIC CONTROL SIGNAL AGREEMENT NO. 97861M FOR THE INTERSECTIONS AT TRUNK HIGHWAY NO. 100 AT COUNTY STATE AID HIGHWAY (CSAH) NO. 57 (57 AVENUE NORTH) BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION, HENNEPIN COUNTY AND THE CITY OF BROOKLYN CENTER 6i. RESOLUTION NO. 2011 -68 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2011 -01, 02, 03 AND 04, PALMER LAKE EAST NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS 6j. RESOLUTION NO. 2011 -69 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2011 -05 AND 06, UNITY AVENUE AND SHINGLE CREEK PARKWAY STREET IMPROVEMENTS 6k. RESOLUTION NO. 2011 -70 APPROVING FINAL PLAT FOR 6536 WILLOW LANE (STORLA ADDITION) 61. FIRST READING OF TRANSITORY ORDINANCE RELATING TO THE REGULATION OF SIGNS; ADDING NEW BROOKLYN CENTER CITY CODE, SECTION 34- 140.2.p AND SET SECOND READING AND PUBLIC HEARING FOR MAY 23, 2011 6m. RESOLUTION NO. 2011 -71 SUPPORTING HENNEPIN COUNTY SHERIFF'S NEW REGIONAL 911 EMERGENCY COMMUNICATIONS FACILITY 6n. APPLICATION AND PERMIT FOR TEMPORARY ON -SALE LIQUOR LICENSE SUBMITTED BY THE CHURCH OF ST. ALPHONSUS, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD MAY 7, 2011 04/25/11 -4- DRAFT I Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING MAY 15-21,2011, PUBLIC WORKS WEEK IN BROOKLYN CENTER City Manager Curt Boganey introduced the topic and stated the purpose of the proposed resolution to recognize the important contribution of Public Works staff. Councilmember Ryan moved and Councilmember Lasman seconded to approve PROCLAMATION Declaring May 15 -21, 2011, Public Works Week in Brooklyn Center. Mayor Willson read in full a proclamation declaring May 15 -21, 2011, as Public Works Week in Brooklyn Center. The Council commented on the importance of the City's Public Works Department to support the City and its infrastructure. Motion passed unanimously. 8. PUBLIC HEARINGS - None. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS - None. 11. COUNCIL REPORT Councilmember Roche announced the Brooklyn Center American Little League season and advised of contact information. He also announced the spring cleanup of the City's baseball fields this coming weekend. Councilmember Roche reported on his attendance at the following: • April 16, 2011, second annual Earthfest that was facilitated by Friends of the Brookdale Library at the high school. • April 20, 2011, Crime Prevention Awards Ceremony. Councilmember Roche announced the library had raised over $2,300 to help cover upcoming field trips for Brooklyn Center students and library programs. He encouraged residents to attend the May 7, 2011, event at the Embassy Suites, at 9 a.m., to learn about the contribution of Civil 04/25/11 -5- DRAFT War soldiers who were from Brooklyn Center. In addition, a three book set will be available for sale about the same topic. Councilmember Lasman reported on her attendance at the following: • April 16, 2011, Shingle Creek cleanup in Centennial Park with 35 -40 participants even though there was snow on the ground. • April 16, 2011, Earthfest, which was a well attended event with great exhibitors. • April 17, 2011, Brooklyn Center Centennial wedding dress fashion event with dresses dating back to 1880, along with commentary by Margaret Sandberg about historical events. Councilmember Lasman thanked Ms. Sandberg for her hard work on this event. • April 18, 2011, the Council and Mayor met as the continuation of the Board of Appeal and Equalization. • April 19, 2011, she was interviewed for the Northwest Politics, a cable television show that will be aired next week on Channel 19. • April 20, 2011, Brooklyn Center Crime Prevention meeting to discuss upcoming fundraisers including the May 20 golf tournament. • April 20, 2011, Police and Citizens Awards Ceremony where 52 recipients were recognized. She encouraged residents to consider attending these ceremonies where moving stories are told about the heroism of ordinary residents, Police , Officers, Firefighters, and First Responders. Councilmember Lasman referenced the letter from Medtronic Foundation naming nine high schools in the northwest area with students that will receive a $16,000 scholarship given over a 4 year time period. She congratulated the recipients, noting four are from the Brooklyn Center attendance area, two attend the Brooklyn Center High School, and two attend the Park Center High School. She commended and thanked Medtronic for this wonderful sponsorship and their work on behalf of children. Councilmember Lasman announced the May 20, 2011, golf tournament, one of the biggest fund raisers for the Crime Prevention Program, and encouraged residents to participate. Councilmember Kleven reported on her attendance at the following: • April 13, 2011, she helped deliver welcome bags to new residents, which were well received. • April 16, 2011, hosted a table at Earthfest to create greeting cards from recycled cards. • April 17, 2011, vintage wedding dress show and added her compliments to Margaret Sandberg. • April 19, 2011, Housing Commission meeting. • April 20, 2011, Brooklyn Center Crime Prevention Program's annual awards ceremony where one of her neighbors was honored. • April 21, 2011, she helped to sort and display used books at the library for the book sale this past weekend. Councilmember Kleven announced the Brooklyn Center Step To It Challenge, a fun and free fitness program that counts steps taken each day from May 9 to June 5. She advised that brochures are available at the Community Center and prizes will be awarded. She urged all to participate. 04/25/11 -6- DRAFT Councilmember Ryan reported on his attendance at the following: • April 14, 2011, Metro Cities annual meeting in St. Paul that he attended with the City Manager and had the opportunity to hear Governor Dayton speak on the State's budget process and efforts for a balanced budget. • April 16, 2011, Brooklyn Center Women's Club pancake breakfast. • April 16, 2011, Great Shingle Creek Watershed cleanup in observance of Earth Day. • April 16, 2011, Earthfest at the Brooklyn Center High School where fine presentations and exhibits were displayed on a range of environmental topics. • April 17, 2011, Vintage wedding dress show he attended with his wife and was very entertained. He stated Margaret Sandberg made a wonderful presentation • April 18, 2011, the Council convened as the local Board of Appeal and Equalization. • April 19, 2011, Earle Brown Days Committee and Park and Recreation Commission meetings. Councilmember Ryan stated he was unable to attend the annual Crime Prevention Awards Program due to a family obligation but wanted to thank Police Chief Benner, Fire Chief Gatlin, and all Brooklyn Center Police Officers and Firefighters who show such dedication in serving Brooklyn Center every day so residents can enjoy a safe and secure community. Mayor Willson reported on his attendance at the following: • April 16, 2011, Women's Club pancake breakfast fundraiser at Applebee's that was also attended by Councilmembers Lasman and Ryan and Representative Hilstrom. •. April 18, 2011, Board of Appeal and Equalization Reconvene. • April 20, 2011, Police and Citizens Awards Ceremony. He echoed Councilmember Ryan's comments and commended the Police and Fire Departments for its work with Hennepin County, Brooklyn Park, and law enforcement agencies across the metro to - receive and provide services. Mayor Willson noted the Step To It Challenge is a competition between cities and encouraged all to participate since Maple Grove always outnumbers Brooklyn Center participants. Mayor Willson announced the May 7, 2011, annual Prayer Breakfast at the Earle Brown Heritage Center, from 8 -9 a.m., and advised that tickets are available. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:24 p.m. Motion passed unanimously. 04/25/11 -7- 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 STUDY /WORK SESSION APRIL 25, 2011 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council /Economic Development Authority (EDA) met in Study /Work Session called to order by Mayor /President Tim Willson at 7:33 p.m. ROLL CALL Mayor /President Tim Willson and Councilmembers /Commissioners Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. NORTH METRO MAYOR'S ASSOCIATION DOCUMENT Mayor/President Willson presented the North Metro Mayor's Association report relating to per . capita taxes, physical disparity results, and tax capacity. He noted that Brooklyn Center has an actual tax capacity of $477 per capita, one of the lowest in all the Twin City's suburbs. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND DISTRIBUTION To address a reduction in CDBG funding, Mayor/President Willson presented his recommendation to adjust CDBG allotments as follows: Household and Outside Maintenance for Elderly $ 14,000 to $ 16,000 CEAP Senior Services $ 10,000 to $ 14,000 HOME Line Tenant Advocacy Services remain at $ 6,500 Neighborhood Stabilization/Code Enforcement $150,000 to $134,000 Home Rehab (Rehab of Private Property) $ 23,088 to $ 0 Councilmember /Commissioner Lasman stated she appreciated the Mayor's consideration; however, would prefer an across -the -board reduction by 16% (the amount of allotment reduction). She stated support to fund Home Rehab , which provided low- interest loans for emergency repairs, and noted an across - the -board reduction would allow the City to stay in the same supporting roles. City Manager Curt Boganey advised there are limiting regulations relating to the percentage of CDBG money that can go to public services, which impacts the ability to adjust those amounts. The amount for public services cannot exceed 15% of the final CDBG grant amount. Because 04/25/11 -1- DRAFT i the original budget adhered to that regulation, public service distributions would have to be cut by 16% if the CDBG allotment is reduced by that amount. Mr. Boganey advised there will be a future cut so it may be premature to determine the funding levels at this point. Mayor /President Willson stated he was not opposed to moving funds to Neighborhood Stabilization/Code Enforcement but would hate to see CEAP Senior Services reduced because that service is needed in Brooklyn Center. Councilmember /Commissioner Roche commented on the importance of maintaining the City's neighborhoods and resident's quality of life. Councilmember /Commissioner Ryan stated support for staff's recommendation. Councilmember /Commissioner Kleven indicated this is a difficult decision but she believes some funding is needed for Home Rehab. The majority consensus of the City Council /EDA was to direct staff to provide a recommendation for the City Council /EDA's consideration once the final CDBG allotment is determined. SHINGLE CREEK CROSSING UPDATE Councilmember /Commissioner Roche asked when Brookdale will be demolished. Mr. Boganey estimated that will occur in June. Councilmember /Commissioner Roche suggested planning a wrecking ball media event, possibly including it as a Centennial event. With regard to the issue of pay rate for workers, Mr. Boganey advised that staff had provided language in the development agreement but not yet received a response. The language requires prevailing wages for all of the developer's activities. Language was not included to hire locally because it would be complicated to monitor and staff believed requiring prevailing wages would address that issue. Following discussion, the majority consensus of the City Council /EDA was to support the philosophy of local hiring for the construction of Shingle Creek Crossing; however, it did not want to minimize the requirement for prevailing wages or be an impediment to progress. It supported drafting verbiage to encourage local hiring, rather than require local hiring so it would not stand in the way of progress. DAYLIGHTING OF SHINGLE CREEK Councilmember /Commissioner Roche requested an update on Hennepin County's project to daylight Shingle Creek. Mr. Boganey stated the City has received drafts of the project and cost estimates but is waiting to hear what the County's commitment to the project will be. It was noted the estimated cost for full daylighting would be at least $4 million, which would eliminate the culvert overflow but require the developer to give up some developable land. 04/25/11 -2- DRAFT IN- STREET PEDESTRIAN CROSSING SIGN TRAFFIC POLICY Public Works Director /City Engineer Steve Lillehaug displayed a picture of the in- street pedestrian crossing sign approved by the State of Minnesota as a traffic control device and presented the draft policy that adheres to State requirements. He then displayed a map of 40 qualified sites, noting staff is recommending the purchase of only ten signs to avoid over use and maintain effectiveness. The cost is $300 per sign and would be installed by the City for use on City streets. The City Council /EDA discussed its concern relating to the cost of $3,000 for ten signs, high level of vandalism and need for replacement due to frequency of vehicles running over the signs, and estimated soft costs, which may approach $12,000. With regard to snow plowing, Mr. Lillehaug . explained the signs would be used seasonally and not in place during winter conditions. He indicated the signs contain no electronics and described how the signs would be pinned to the pavement. The City Council /EDA asked whether there had been a lot of pedestrian safety incidents at the recommended locations. Mr. Lillehaug indicated he was not aware of incidents where a person was hit by a vehicle, and the intent was to create a perception to make drivers aware of and yield right -of -way to pedestrians if they are in the crosswalk. The City Council /EDA discussed the danger of creating a false perception of pedestrian safety by placement of the signs. Mr. Lillehaug stated there is a lot of truth to that concern and, in this case, staff has identified areas of higher speeds and the signs would raise driver awareness. He noted staff is only recommending this signage at four locations to assure the signs would not be overused. Seven signs would be installed and three signs would be held in inventory. Councilmember /Commissioner Roche advocated for staff's recommendations in an effort to provide a safe and secure community and attract young families. He believed this program would change the image of Humboldt Square and that making such improvements, over time, will create the reality the Council strives for the City. Mayor/President Willson raised the need for due diligence relating to the cost and what the Council would be committing to. He indicated he is not necessarily opposed but needs to know the costs involved. Councilmember /Commissioner Ryan stated he tends to defer to City staff's expertise and asked if this is an experiment. Mr. Lillehaug stated it is not an experiment but would allow use of in- street signs to help raise awareness and supplement other traffic control. Councilmember /Commissioner Lasman indicated a willingness to try the signage but remained concerned with the high cost for six months of use. Councilmember /Commissioner Kleven asked if Humboldt Avenue is a recommended location. Mr. Lillehaug answered in the affirmative, noting the location is at Humboldt Avenue and 67 Avenue, across from the police station. 04/25/11 -3- DRAFT Mayor /President Willson asked staff to research the use of stop signs with solar panels to power lights at night, which may be another option for Humboldt Avenue. The majority consensus of the City Council /EDA was to support the In- Street Pedestrian Crossing Sign Traffic Policy and purchase of ten signs, as recommended, and to direct staff to draft a Policy for the Council's action at a future meeting. BUDGETING FOR AND USE OF STATE AID FUNDS Director of Fiscal and Support Services Dan Jordet presented the study and recommendation of the Financial Commission that State Aid funds in the form of Local Government Aid (LGA) and Market Value Homestead Credit (MVHC) should be applied to costs or projects that are not a part of regular operations but require funding in or after that fiscal year. Examples would include building maintenance, street reconstruction, park maintenance, equipment replacement or technology improvements. MVHC should stay in the General Fund as a supplement to annual operations. Mr. Jordet reviewed the discussion of the Legislature related to budget shortfalls, homestead credit, and resulting impact to the City's budget. In addition, it has been discussed whether fiscal disparities should continue, which currently benefits the City of about $5 million in capacity. The City Council /EDA discussed following the same process used in 2010 to budget a small amount of LGA, which can be back filled if LGA is reduced. Mr. Boganey recommended the City Council/EDA keep in mind that the 2011 adopted budget anticipated elimination of one or two positions so the City would be in a better financial position starting in 2012. He noted that even with the 4.5% budgeted (representing about $750,000), it was necessary to do further operational reductions. Mr. Boganey indicated it is a significant but manageable risk. The City Council /EDA discussed whether State Aid funds should be completely phased out. Mr. Jordet stated that option was discussed by the Financial Commission and resulted in a gamut of opinion without reaching consensus. It was noted that elimination of all State Aid funds may not be realistic but could be considered over a two -year phased period. Mr. Boganey clarified the recommendation is to eliminate budgeting State Aid funds from normal day-to-day operations but does not suggest State Aid funds are not needed or should be Y Y p gg eliminated completely. If the recommendation is supported, LGA funds would not be placed in the operating budget but, as the City looks at capital needs for the organization, it can identify projects for LGA that is received. Mr. Boganey stated the City can make the argument with the Legislature that it needs LGA. The majority consensus of the City Council /EDA was to support the recommendation of the Financial Commission and entertain further consideration during upcoming budget discussions. 04/25/11 4- DRAFT SHINGLE CREEK WATERSHED DISTRICT PROJECT The Council addressed the comments raised during Informal Open Forum. Mr. Boganey stated he believed it was possible to accomplish the overall goals of the project in a flexible manner, to take less yard area than originally proposed, reduce height of vegetation, provide pathways to provide property owners with Creek access, preserve integrity of the project, protect the Creek, and lower impact on homeowners. He recommended staff schedule a meeting with all property owners along Shingle Creek in this project area so all hear the same information to gain the same understanding. Mr. Boganey noted property owners support the concept of returning the Creek bed to a more natural state and with reasonable compromise, the project can be modified to satisfy most. The City Council/EDA noted the property owners had voiced several other concerns (size of buffer, size and placement of boulders). The Council/EDA supported the goal of the project to return the Creek bed to a more natural state and the creation of delineation. Staff was asked to consider whether the buffer can be reduced to 20 feet. The majority consensus of the City Council /EDA was to authorize staff to schedule an evening meeting with the six property owners along Shingle Creek, as suggested, and provide the Council with an update on the meeting. ADJOURNMENT Councilmember /Commissioner Ryan moved and Councilmember /Commissioner Lasman seconded adjournment of the City Council/Economic Development Authority Work Session at 9:04 p.m. Motion passed unanimously. 04/25/11 -5- DRAFT City Council Agenda Item No. 6b • • COUNCIL ITEM MEMORANDUM DATE: May 3, 2011 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its May 9, 2011, 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. TEMPORARY FIREWORKS t TNT Fireworks (Cub Location) 3245 County Road 10 MECHANICAL Associated Mechanical 1257 Marschall Road, Shakopee Bonfe's Plumbing & Htg Svc 505 Randolph Avenue, St. Paul Home Comfort Cooling & Htg 8111 151 Lane NW, Ramsey Louis Degidio, Inc. 21033 Heron Way, Lakeville MOTOR VEHICLE DEALERSHIP Brookdale Honda 6801 Brooklyn Boulevard Brookdale Metro Mitsubishi 7231 Brooklyn Boulevard Cars with Heart 6121 Brooklyn Boulevard Luther Brookdale Buick GMC 4301 68 Avenue N Luther Brookdale Chevrolet 6701 Brooklyn Boulevard RENTAL See attached report. SIGN HANGER Sign Source 7660 Quattro Drive, Chanhassen • :1fission: E'n'suring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 • Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units 0 -0.75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1., 5 Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 3 +units Greater .than 1.5 but not more than 3 Type IV — 6 Months 1 -2 units Greater than 8 3 ±.units Greater than 3 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit /Year) No Category 1 -2 0 -1 Impact 3=4'units 00.25, 5 or more units 0-0.35 • Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3= 4"uriits Greater:thdn 0.2.5 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3-4' units? Greater than 1' 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. " „ryWN fission: Ensuring an attractive, dean, safe coo mnunity that enhances the quality of life and preserves thepnttlic trust �� � � �� Rental�Lcer�ses for May�9, 2011 x .�� �?rgperfy Final Dwelling Re"nertiaC Code License " Police License Unpaid " Unp "aid Property?Address Type or lnitlal ", O"wner. 'Violations; Type " . CF S * Type ** Utilities" Taxes, 5930 Aldrich Ave N Single Family Initial Lori Stevenson 0 II N/A II OK OK 5420 Emerson Ave N Single Family Initial Christopher Raisch 0 II N/A II OK OK Sterling Square Apts 4 Bldgs 112 12 6700 Humboldt Ave N 54 Units Renewal John Roder 2.07 /Unit III .22 /Unit 111 OK OK 1207 65th Ave N Single Family Renewal Tech Ung 0 1 0 1 OK OK 5707 Emerson Ave N Single Family Renewal Lois Frost 0 1 0 1 OK OK 6819 Humboldt Ave N A302 Single Family Renewal Raymond Charest 0 1 2 II OK OK 6819 Humboldt Ave N A303 Single Family Renewal Raymond Charest 0 1 0 1 OK OK 6324 Indiana Ave N Single Family Renewal Househelpers Inc 0 1 0 1 OK OK 5924 June Ave N Single Family Renewal ITou Vue 4 It 0 II OK OK * - applicable to calls for service and will be listed N A. CFS -Calls For Service for Renewal Licenses Only (Initial Licenses are not app c / ) ** Final License Type Type I = 3 year Type 11 = 2 year Type III = 1 year Type IV = 6 mos I City Council Agenda Item No. 6c • COUNCIL ITEM MEMORANDUM DATE: May 3, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer Sf' SUBJECT: Resolution Amending the City Council Code of Policies; Adding Policy for In- Street Pedestrian Crossing Signs Recommendation: It is recommended that the City Council consider adoption of a policy for in- street pedestrian crossing signs. Background: In response to a suggestion raised by Council at its October 24, 2010, meeting pertaining to the use of the in- street pedestrian crossing warning signs to help enhance pedestrian safety throughout the City, the Administrative Traffic Committee prepared a draft council policy, which was reviewed by the City Council at its April 25, 2011, meeting. The in- street edestrian crossing sign is a State of Minnesota approved traffic control device and p g sg may be used at certain locations to help raise awareness of crosswalks. Use of this traffic control device must follow certain guidelines and warrants as established by the State of Minnesota and contained in the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). The • attached City Council policy has been developed to meet local needs while adhering to the State of Minnesota's requirements and guidelines. Budget Issues: The cost of these signs is approximately $300 per sign. 10 signs will be ordered and managed by City staff once the policy is approved. Funding for the signs will be out of the Traffic Control operating budget. Management and maintenance of the signs will be performed by the City's public works street department. Council Goals: Strategic: 1. We will ensure a safe and secure community • Mission: Ensuring an attractive, clean, safe community that enhances the yuali(j of life anti preserves the public trust its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AMENDING THE CITY COUNCIL CODE OF POLICIES; ADDING POLICY FOR IN- STREET PEDESTRIAN CROSSING SIGNS WHEREAS, the City Council adopted Resolution No. 2006 -46 on April 10, 2006, which established a City Council Code of Policies; and WHEREAS, the City Council wishes to amend its Code of Policies to add a policy on in- street pedestrian crossing signs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of e ' i Brooklyn Center, Minnesota, that the City Council Code of Policies be and hereby is amended to add Section 2.98 attached hereto as Exhibit A to Section II of the General Policies. i May 9, 2011 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. 2.98 In Street Pedestrian Crossing Sign Traffic Policy g g Y 1. Background A. Rights and Responsibilities Both pedestrians and motorists in the State of Minnesota have rights and responsibilities on the roadway. Statistics and public response continue to reveal that the rights of pedestrians are not very well respected by motorists. This fact increases the potential for accidents and pedestrian injury at crosswalks. B. Purpose The purpose of this policy is to allow the usage of and give guidance for the installation of the In- Street Pedestrian Crossing Sign (R1 -6b) in accordance with the Minnesota Manual on Uniform Traffic Control Devices for Streets and Highways (MMUTCD). The In- Street Pedestrian Crossing sign (RI-6b) may be used to remind road users of the Minnesota State law that requires the driver of a vehicle to stop to yield the right -of- way to a pedestrian crossing the roadway within a marked crosswalk. It should be noted that studies show that excessive use of signs and • pavement markings can substantially reduce the effectiveness of such devices. Therefore, a consistent application of this policy will serve both the motorist and pedestrian within the City. 2. Process A. City Staff will formalize all traffic safety concerns or requests and work with the requestor to gather pertinent facts to help clearly define the problem and seek a solution. City Staff will review those facts, determine if the request is warranted, and share this determination with the requestor. If a disagreement occurs with the recommendation or additional information and /or facts emerge that are persuasive as related to the City warrants /policies for the requested issue, the Administrative Traffic Committee will review the issue. 3. Guidelines A. The following guidelines are standards and warrants for the use of In- Street Pedestrian Crossing Signs (R1 -6b): 1. The provisions of the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) shall be followed. 2. Relevant speed, volumes, accident records, pedestrian counts, sight obstructions and demographic analysis shall be reviewed when considering In- Street Pedestrian Crossing Sign installations. 3. The sign shall not be used at intersections whose approaches are controlled by either stop signs or traffic control signals. 4. The sign should only be used at key locations, such as high pedestrian volume crosswalks, to avoid overuse. 5. The sign shall only be used at existing crosswalk locations. 6. The sign shall only be used as an in- street sign, not on the outside shoulder or parking lane. When installed, the sign shall not impede or obstruct any traffic movement, including through or turning movements. 7. When the sign is used at or in advance of a school crossing to supplement the ground mounted school warning signs, the sign shall include the SCHOOL plaque. 8. The sign shall be used seasonally due to safety issues with the use of the sign during the winter and to prevent damage during the • winter because of plowing operations. 9. The sign shall only be installed on City streets and maintained by the City of Brooklyn Center at qualifying locations that are determined and prioritized by the Administrative Traffic Committee. 10. The sign shall only be used in 35 mph or lower speed zones. 11. The sign shall only be used on streets with vehicle traffic volumes that exceed 5,000 vehicles per day. 12. Only one sign structure shall be used per approach at marked crosswalks. 13. Any of the following supplemental conditions may warrant the sign's installation: a. Those locations adjacent to and along established pedestrian routes to and from a school. b. Locations adjacent to community centers, libraries, and other high use public facilities. S C. Locations adjacent to public parks. d. Locations where accident records, sight obstructions and /or pedestrian volume warrants the installation. e. Locations where significant numbers of handicapped persons cross a street. f. Locations where significant numbers of senior citizens cross a street. • • City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM DATE: April 28, 2011 • TO: Curt Boganey, City Manager t FROM: Kelli Wick, Human Resources Director SUBJECT: RESOLUTION APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 (POLICE OFFICERS AND DETECTIVES) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2011 Recommendation: It is recommended that the City Council adopt resolution approving the labor agreement between the City of Brooklyn Center and Law Enforcement Labor Services (LELS) Local 82 for the period January 1, 2011— December 31, 2011. Background: The current contract with LELS 82 (Police Officers and Detectives) expired on December 31 2010. The City and the Union have met and negotiated in good faith to reach a settlement on all issues of concern. This labor agreement covers police officers and police detectives for a total of 37 employees. The attached agreement has been approved by a vote of the members and upon adoption by the City ouncil will establish y s sh wages and working conditions for the year 2011. The Articles affected by these negotiations include the following: Article 27 — Vacation Leave Strike language in 27.4 and replace with: Employees may accrue a maximum of two hundred thirty (230) hours of vacation leave. No more than two hundred thirty (230) hours can carry over from year to year. Article 29 — Insurance Increase the insurance contribution by $32 to $890. Also, provide an incentive of $80 for those employees participating in a high deductible health plan. Article 30 — Wage Rates Zero (0 %) increase for 2011. Existing scheduled pay steps will be processed accordingly. Article 36 — Duration One year labor agreement January 1, 2011 — December 31, 2011. Budget Issues: The cost of the increase in the City's insurance contribution equals $49,728 if all employees elect a high deductible health plan. The estimated cost of the step movements is approximately Afission: n.suring an attractive, clean, Safe' coont1zwd) C that enhancav the quality oj'dife and jTrBSC:mes tht'pt bfi tni t COUNCIL ITEM MEMORANDUM $61,650. (Approximately $20,000 of this cost will be paid by Grant money.) The adopted 2011 budget appropriates sufficient funds to cover these expenses. Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Missiem Ensuring an attractive, clean, soft communi(y that c€ hancev the quality eIafi and I Praveri s rite public truss City of Brooklyn Venter A Millen niWn Community 3 : April 18, 2011 I f Kevin Hinrichs, Business Agent Law Enforcement Labor Services, Inc. 327 York Avenue St. Paul, MN 55101 -4090 Dear Mr. Hinrichs; Listed below are the changes that have been discussed for the tentative labor agreement for 2011. Article 27— Vacation Leave Agree to strike language in 27.4 and. replace with: Ehiplo }gees may accrue a r> a imani of hvo hwidred thirty (230): hot s of - vacation leave. No wore than hvo hundred thirty (230) hoirrs can carry oiler frost year to year. Article 29 - Ti surana 2011 Full -thee employees: • Effective 1/1/11, the City will contribute payment of eight hundred ninety dollars ($890) per month ,per employee for use in participating in the City's insurance benefits.. For 2011 employees -electing to participate in a high deductible health plan will receive an incentive of $80 per month. Article 30 - Wage Rates - Zero 'increase for 201 1 . Step adjustments will be liven accordingly.. ;Article 36 - .Duration One -year agreement January 1, 2011— December 31, 2011. Please let me know if you have any questions. Sincerely, - r' / Tie li Wick Human Resources `Director 6301 Bhiagle Creek Farizway Recreation alid Cgmmula,ty Center Phone & TDD Number 69 Broolelyn Ceia4er; MN 55430 -2199 (703) 5-3400 City Nall .& TDD Number (763) 569,33oo FAX (763) 569 -3434 FAX (763) 569 -3494 tt)ivi0. Cityo f bPo6h ZynGe-itte1:01'b LELS 82 - Negotiations Updated 2/24/11 City 2010 Settlements 2011 Settlements Crystal 0% proposing 0% Fridley 1.3% market 11/6/10 - 12/31/2011 no additional increase Golden Valley 0.0% 1.50% Maplewood* 3% settled in 2009 0% New Hope 0% after mediation haven't met Richfield 0% proposing 2% Roseville Arbitration on 1125 for 2010 -11 none White Bear Lake 0% proposing 0 % *1 % in 2012 w /market adj of $15 to base adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2011 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with LELS Local 82 (Police Officers) for a contract for the year 2011 as attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with LELS Local 82 (Police Officers) for calendar year 2011 with such language changes as may be necessary to clarify any terms, provided such language changes do not change the substance or monetary compensation set forth in the attached contract. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to exceed the maximum contained herein shall become effective according to the schedule of the contract which commences January 1, 2011. 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. Master Labor Agreement Between City of Brooklyn Center And Law Enforcement Labor Services, Local Number 82 (Police Officers) January 1, 2011— December 31, 2011 TABLE OF CONTENTS ARTICLE PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Employer Security 2 5 Employer Authority 2 6 Union Security 2 7 Savings Clause 2 _ 8 Constitutional Protection 2 9 Seniority 3 10 Work Schedules 4 11 Discipline 4 12 Employee Rights — Grievance Procedure 5 13 Overtime 7 14 Court Time 8 15 Call Back Time 8 16 Working Out of Classification 8 17 Standby Pay 9 18 Leaves of Absence 9 19 Severance 9 20 Injury on Duty 10 21 False Arrest Insurance 10 22 Training 10 23 Post License Fees 10 24 Uniforms 10 25 Longevity and Educational Incentive 10 26 Holiday Leave 11 27 Vacation Leave 12 28 Sick Leave 12 29 Insurance 13 30 Wage Rates 14 31 Benefits for Retirees 15 32 Mileage and Expense Reimbursement 15 33 Light Duty 16 34 Health Care Savings Plan 16 34 Agreement Implementation 16 35 Waiver 16 36 Duration 17 ARTICLE 1— Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center, hereinafter called the Employer, and Law Enforcement Labor Services, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 - Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under the Minnesota Public Employment Labor Relations Act, for all police personnel in the following job classifications: Detective Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 - Definitions 3.1 UNION: Law Enforcement Labor Services. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services. Is 3.3 DEPARTMENT: The City of Brooklyn Center Police Department. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 EMPLOYER: The City of Brooklyn Center. Brooklyn Center Police 3.6 CHIEF: The Chief of the B n Ce Department. t p Y 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services (Local No. 82). 3.8 DETECTIVE: An employee specifically assigned or classified by the Employer to the job classification and /or job position of Detective. 3.9 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAKS: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.13 REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective and school liaison officer excluding any other special allowance. 3.14 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. 1 ARTICLE 4 - Employer Security The Union agrees that during the life of this Agreement the Union will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the Employer. ARTICLE 5 - Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel, to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 6 — Union Security 6.1 The Employer shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and /or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7 - Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Brooklyn Center. In the event any provision of the Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either parry. ARTICLE 8 — Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota Constitutions. 2 ARTICLE 9 - Seniority 9.1 Seniority shall be determined by continuous length of service in all of the job classifications • covered by this Agreement. Employees promoted or assigned to classifications covered by this Agreement shall accrue classification seniority in the promoted or assigned classification in addition to bargaining unit seniority. Employees promoted from classifications covered by this Agreement to a position outside the bargaining unit will continue to accrue seniority under this Agreement until the completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in all of the job classifications covered by this Agreement. Employees lose seniority under this Agreement under the following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this Agreement after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 There shall be an initial probationary period for new and promoted employees of twelve (12) months. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. The Employer shall give the Union and the employees at least two (2) weeks written notice in advance of any layoff. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of the layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments, and promotions when the j ob- relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full -time employment. Exce t as noted in the preceding sentence, P shift assignments shall be bid on the basis of seniority on April 1 for the period May 1 through October 31 and October 1 for the period November 1 through April 30, or after a permanent change in the work schedule. A permanent change in the work schedule will not result in re- bidding the work schedule if the permanent change in the work schedule would be effective within 90 days of April I or October 1. If the work schedule is to be re -bid by virtue of a permanent change in the work schedule, shift assignments will be re -bid within 30 days after any permanent change in the work schedule. Employees will not be subject to shift rotation more often than every four (4) months. 9.6 The Employer shall recognize reverse seniority by classification as the primary factor when calling off -duty employees to duty and when considering scheduled duty changes if such employees are qualified. 9.7 One continuous vacation period shall be selected on the basis of seniority until April 1 of each calendar year. 3 9.8 The Employer shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 9.9 No time shall be deducted from an employee's seniority accumulation due to absences occasioned by an authorized leave with pay, layoffs of less than two (2) years in duration, or any military draft or government call -up to Reserves or National Guard. ARTICLE 10 — Work Schedules 10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: a. hours worked on assigned shifts, b. holidays, C. assigned training, and d. authorized leave time. 10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the actual hours used for such leave based on the time that the employee would otherwise have been scheduled to work. 10.3 Nothing in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE 11- Discipline 11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; C. suspension; d. demotion; or e. discharge. 2 1 11. Suspension, demotions and discharges will be in written form. p g 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and /or notices. 11,4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 11.5 A single disciplinary action for failure to attend training, court or tardiness will be removed from the personnel file after 18 months if, during that time, the single incident of discipline is for failure to attend training, court or tardiness, is the only occurrence of discipline during that 18 month period. 4 11.6 Discharges will be preceded by a five (5) day suspension without pay. 11.7 For purposes of discipline, a day will mean eight (8) hours. 11.8 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 11.9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 12. ARTICLE 12 — Employee Rights — Grievance Procedure 12.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 12.2 Union Representatives - The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by 6.2 of this Agreement. 12.3 Processing of a Grievance - It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal Union Representative have notified and working ours provided that the Employee and the Um p g P that such absence is h royal of the designated supervisor received the approval g who has determined t reasonable and would not be detrimental to the work programs of the Employer. 12.4 Procedure - Grievances, as defined by Section 12. 1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty -one (2 1) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer- designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. • 5 Step 2 . If appealed, the written grievance shall be presented by the Union and discussed with the Employer- designated Step 2 representative. The Employer- designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer- designated Step 3 representative. The Employer- designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer- designated representative's final answer to Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3a3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual Agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timelines for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 4. A grievance unresolved in Step 3 or Step 3a and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 12.5 Arbitrator's Authority a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing 6 it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 12.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived ". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. ARTICLE 13 —Overtime 13.1 Employees will be compensated at one and one -half (1 1 /2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. 13.7 When uniformed patrol employees have less than twelve (12) hours of duty -free time between assigned shifts, they will be compensated at a rate of one and one -half (1 %2) times the employee's regular base pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime, voluntary changes of shifts, City- contracted work, training, and court time are considered as duty -free time. The twelve (12) hour requirement may be waived by mutual Agreement between the Employee and the Police Administration. 13.8 As an option to monetary compensation for overtime, an employee may elect compensatory time off at a rate of one and one -half (1 1 /2) time. An employee's compensatory time bank shall not exceed sixty (60) hours at any time during a calendar year. Hours in excess of forty (40) up to twenty (20) hours will be paid out on or about the first check in December. Any hours less than 20 will be paid out on or about the first check in December. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all positions by the Chief of Police at the police . officer's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer- designated supervisor. 7 13.9 Employees given less than sixteen (16) hours notice of a scheduled duty change other than their regularly scheduled work period shall be compensated at one and one -half (1 1 /2) times the employee's regular pay rate for hours worked outside of the scheduled work period. ARTICLE 14 - Court Time 14.1 Court Appearances: 14.1.1 An employee who is required to appear in court during their scheduled off -duty time shall receive a minimum of three (3) hours pay at one and one -half (1 1 /2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the three (3) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. 14.1.2 An employee who is required to appear in court during their scheduled off -duty time shall be given 12 hours prior notification of cancellation of the court appearance. If the notification if not given 12 hours prior to the scheduled court time, the employee will receive the three (3) hour court time minimum. 14.2 Standby Pay: 14.2.1 Any employee placed on standby on scheduled days on will be paid three (3) hours at one times the employee's base pay. IE: If an officer is scheduled to work night shift on Monday and Tuesday night and is placed on standby on Monday or Tuesday, then standby pay would be at straight time. 14.2.2 An employee who is placed on standby for court during their scheduled off -duty time shall be given 12 hours prior notification of cancellation of the court appearance. If the notification is not given 12 hours prior to the scheduled court time, the employee will receive the three (3) hour minimum as provided in Section 14.2.1 or 14.2.2. 14.2.3 Any employee who is placed on stand -by for court should retain a copy of the notice placing them on stand -by, or obtain the name of the person placing them on stand -by. ARTICLE 15 - Call Back Time An employee who is called to duty during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one -half (1 %2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE 16 - Working Out Of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. 8 ARTICLE 17 — Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE 18 — Leaves of Absence 18.1 In cases of demonstrated need and where sick leave has not been abused, the Employer shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence, the Employer will not permanently fill the employee's position and the employee's benefits and rights shall be retained. 18.2 An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and compensation for regularly scheduled working hours lost because of jury service. 18.3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status.. Such employees shall receive compensation from the Employer equal to the difference between his regular pay and the lesser military pay. 18.4 Employees called and ordered by proper authority to active military service in time of war or • other properly declared emergency shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status, and pay as if such leave had not been taken, subject to the specific provisions of state and federal law. 18.5 Members of the bargaining unit will receive such additional leaves as provided for under State or Federal law, as the same laws may be amended from time to time. 18.6 Additional leaves of absence may be granted in the City Manager's discretion upon the same terms and conditions as then applicable to non -Union employees pursuant to the City's Personnel policy applicable to non -Union employees at the time of application for a leave of absence. ARTICLE 19 - Severance 19.1 An employee shall give the Employer two (2) weeks notice in writing before terminating his employment. 19.2 Severance pay in the amount of one -third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. 19.3 Employees electing to participate in the Health Care Savings Plan will receive 40% of sick leave severance paid into the Health Care Savings Plan. If the employee is not eligible to have a Health Care Savings Plan they will receive the one -third sick leave severance. 9 ARTICLE 20 — Injury on Duty Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the employee's regular pay and Workers' Compensation insurance payments for a period not to exceed 720 hours per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a three (3) calendar day initial waiting period per injury. The three (3) calendar day waiting period shall be charged to the employee's sick leave account if they were regularly scheduled work days less Workers' Compensation insurance payments. ARTICLE 21 - False Arrest Insurance The City of Brooklyn Center shall maintain liability insurance that includes a provision for unlawfully detaining an individual when an employee is acting within the scope of their duties on behalf of the City of Brooklyn Center. ARTICLE 22 - Training 22.1 The Employer shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, et sec , for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three (3) years. The Employer need not make such reimbursement for attendance at a course located less than sixty (60) miles from the City of Brooklyn Center and such reimbursement shall not exceed similar allowances for state employees. If the Employer provides in- service training to its employees which meets the continuing education requirements of the Minnesota Police Officers Standards and Training Board, and if the Employer provides its employees with an opportunity to attend such in- service training courses, to the extent that such opportunity is provided to each employee, the obligation of the Employer to reimburse such employee for expenses incurred in attending continuing education courses shall be reduced. 22.2 The Employer shall pay each employee a minimum of their regular salary for all scheduled course hours while attending Employer approved or Employer required continuing education courses, whether or not such courses attended are in- service training courses or courses given by instructors other than the Employer. Should a course exceed the scheduled course hours, the Employer shall pay the employee for the actual hours in attendance. ARTICLE 23 — Post License Fees The Employer shall pay up to $90 for the cost of POST license fees for all employees requiring such license during each license period. ARTICLE 24 - Uniforms The Employer shall provide required uniform and equipment items. In addition, the Employer shall pay to the uniformed officers a maintenance allowance of $155 per year. Plainclothes officers, including the trainee, shall be paid a clothing allowance of $590 per year. ARTICLE 25 — Longevity and Educational Incentive 25.1 After twelve (12) years of continuous employment, each employee shall choose to be paid supplementary pay of $118 per month or supplementary pay based on educational credits as outlined in 25.4 of this Article. 10 25.2 After sixteen (16) years of continuous employment, each employee shall choose to be paid supplementary pay of $202 per month or supplementary pay based on educational credits as outlined in 25.4 of this Article. 25.3 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 25.4 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: Bachelor's Degree $118 /month Master's Degree $202 /month ARTICLE 26 — Holiday Leave 26.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety -six (96) hours of holiday leave shall be advanced to employees on January 1 St of each calendar year beginning on January l st 2002. In the event an employee is not employed for the entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for each full month that the employee will not have worked in that calendar year. 26.2 Employees may use holiday leave with the approval of the Employer. 26.3 An employee who works on New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, Veteran's Day, Columbus Day, Martin Luther King Day, or President's Day shall receive one and one -half (1 %2) times the employee's regular pay rate for all hours actually worked during the named holiday. 26.4 Except as provided in 26.3, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. 26.5 An employee who is on their regularly scheduled day off for a holiday as specified in 26.3, and is called in to work or kept over to work such holiday due to staff shortage(s), etc., will receive two times the employee's regular pay rate for all hours actually worked during the named holiday in lieu of one and one -half (1 1 /2) times the employee's regular pay rate under Section 26.3. Employees who accept a shift under 26.6 shall be paid as provided in 26.3 and 26.4 and shall not be eligible for payment pursuant to 26.5. 26.6 An employee may request a holiday off, which they are required to work, prior to fourteen calendar days before the holiday. The Employer shall post the open holiday shift to be filled by another employee at the holiday rate of pay. The employee making the request for the holiday off is responsible for working the holiday if the posting is not filled five (5) days prior to the holiday. 26.7 Employees beginning employment after January 1 st of a calendar year shall receive eight (8) hours of holiday leave per month beginning on the first month in which they are working as of the first day of that month. Such employees shall receive an advance of holiday leave hours equal to eight (8) hours multiplied by the number of whole months they will work through December of the year in which they were first employed. 11 26.8 Any holiday leave not used on or before December 31 of each year will be deemed forfeited and shall not carry over into the next calendar year. ARTICLE 27 — Vacation Leave 27.1 Permanent full -time employees shall earn vacation leave with pay as per the following schedule: 0 through 5 years of service - eighty (80) hours per year (accrued at 3.08 hours per pay period) 6 through 10 years of service - one hundred twenty (120) hours per year (accrued at 4.62 hours per pay period) eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours after fifteen (15) years of service 11 years - 4.92 hours per pay period 12 years - 5.23 hours per pay period 13 years - 5.54 hours per pay period 14 years - 5.85 hours per pay period 15 years - 6.15 hours per pay period 27.2 Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. 27.3 Vacation may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. No employee shall be allowed to use vacation leave during their initial six (6) months of service. Employees shall not be permitted to waive vacation leave and receive double pay. 27.4 Employees may accrue a maximum of two hundred thirty (230) hours of vacation leave. No more than two hundred thirty (230) hours can carry over from year to year. 27.5 Employees leaving the service of the Employer shall be compensated for vacation leave accrued and unused. ARTICLE 28 — Sick Leave 28.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or ninety -six (96) hours per year (computed at 3.69 hours per pay period) of full -time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 28.2 Sick leave shall be used normally for absence from duty because of personal illness or legal quarantine of the employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents -in -law, spouse, or children of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers -in -law, sisters -in -law, grandparents, grandparents -in -law, and 12 grandchildren of the employee. In addition to the preceding conditions, supervisors may approve the use of sick leave, up to a maximum of four (4) days (32 hours) per calendar year, for the care of the employee's children or spouse when the employee's supervisor determines that the situation requires the employee's presence. The four (4) special -use days (32 hours) cannot be accumulated from one year to the next, and if they are not used, they are included in the employee's normal sick -leave accumulation. 28.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety -six (96) hours per year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69 hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty - eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or twenty -four (24) hours per year (computed at .925 hours per pay period). Employees using earned vacation or sick leave shall be considered to be working for the. purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees utilizing sick leave. 28.4 In order to be eligible for sick leave with pay, an employee must: a. notify the Employer prior to the time set for the beginning of their normal scheduled shift; b. keep the Employer informed of their condition if the absence is of more than three (3) days duration; C. submit medical certificates for absences exceeding three (3) days, if required by the Employer. 28.5 Employees abusing sick leave shall be subject to disciplinary action. 28.6 An employee who has accumulated 960 hours of sick leave and who uses not more than the equivalent of two regularly scheduled shift's worth of sick leave hours in a calendar year incentive equal to one of the employee's re ularl shall receive a wellness inc Y scheduled shifts' q g compensation at the employee's regular rate of compensation. ARTICLE 29 - Insurance 29.1 2011 Full-time employees Effective 1 /l /11, the City will contribute payment of eight hundred ninety dollars ($890) per month per employee for use in participating in the City's insurance benefits. For 2011 employee electing to participate in a high deductible health plan will receive an incentive of $80 per month. 29.2 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Benefit Plan. The Employer will make a good faith effort to provide the following options for employee selection: group dental, supplemental life, long -term 13 disability, deferred compensation or cash benefits. The Employer will be excused from the requirement of offering a particular option where such becomes unfeasible because of conditions imposed by an insurance carrier or because of other circumstances beyond the City's control. ARTICLE 30 - Wage Rates REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective, drug task force and school liaison officer; and excluding any other special allowance. 30.1 Effective January 1, 2011 Police Officer base rate: There shall be no general wage increase and the salary structure for 2010 shall continue unchanged for 2011. (P5) After 36 months of continuous employment $5660.29 per month (P4) After 24 months of continuous employment 93% of After 36 months rate (P3) After 12 months of continuous employment 86% of After 36 months rate (P2) After 6 months of continuous employment 79% of After 36 months rate (P1) Starting rate 68% of After 36 months rate 30.2 Employees classified or assigned by the Employer to the following job classifications or positions will receive two hundred dollars ($200) per month or two hundred dollars ($200) prorated for less than a full month in addition to their regular wage rate. Detective. Employees classified or assigned by the Employer to the following job classifications or positions will receive one hundred dollars ($100) per month or one hundred dollars ($100) prorated for less than a full month in addition to their regular wage rate. School Resource Officer Auto Theft Officer Task Force Officer Juvenile Officer 30.3 Detectives Serving On -Call: Detectives will work a schedule which requires them to serve on -call on a rotating basis. The City will pay each Detective serving on -call on a rotating basis one hundred sixty -five dollars ($165.00) per month in addition to their regular wage. Detectives who are called back to duty while serving on -call will be paid according to Article 15 of the labor Agreement. Officers assigned to work with the Detectives for training purposes will not receive the one hundred sixty -five ($165.00) per month nor will they be required to serve on -call. 30.4 Employees classified or assigned by Employer to the position of Field Training Officer (FTO) will receive one additional vacation hour for every shift of eight hours or longer. 30.5 When there is no Sergeant on duty, and senior management personnel do not assume command of the shift, the senior officer working will be in charge of the shift. The senior 14 officer working the shift will have the choice to opt out of working as officer in charge of the shift. An election to opt out of working as officer in charge of the shift shall be effective for the balance of the calendar year. Officers wishing to make an election to opt out of serving as officer in charge of the shift shall make such election during the first 2 weeks of January. Employees may opt out of working as senior officer in charge of shift on an annual basis at the beginning of each year. The officer in charge will receive, in addition to their regular hourly pay, two dollars ($2.00). Officer in charge pay will be calculated to the nearest six (6) minutes. 30.6 Field Training Officers while serving in the capacity of a Field Training Officer (working with a new police officer) shall not serve as the senior officer in charge. 30.7 Employees classified by the Employer to the canine handler classification will receive the following in addition to their regular wage rate: a. The officer will receive the last thirty (30) minutes of each scheduled shift for dog maintenance and care at the officer's home. b. The officer will receive forty -five (45) minutes of overtime pay for dog maintenance, care, and training for each of the officer's scheduled days off. C. When the officer uses time off (sick, vacation, or comp time) for any whole scheduled shift, he must take time equivalent to one -half hour less than whole shift and be paid for whole shift. . d. When the officer uses holiday time for any whole schedule shift, he must take eight (8) hours of leave time and will be paid for eight (8) hours. e. When the officer uses a portion of a scheduled shift as sick or vacation time, which is less than the full eight (8) hours, he must take the actual time used in leave time. f. When dog is out of the care of the canine officer, all above items do not apply. ARTICLE 31— Benefits for Retirees Retirees at the time of retirement shall receive the same options and level of City contribution for insurance coverage upon retirement as are provided by the City's Personnel Policy covering non - Union employees as such options and contributions may be changed by the City from time to time. ARTICLE 32 — Mileage and Expense Reimbursement Employees shall receive the same mileage and expense reimbursement rates upon the same terms and conditions as generally provided in the City's Personnel Policy covering non -Union employees as such policy may be changed by the City from time to time. 15 ARTICLE 33 — Light Duty Members of the bargaining unit will be eligible for temporary light duty assignment upon approval of the City Manager upon such terms and conditions as would apply to non -Union employees of the City as set forth in the City's Personnel Policy, as the same may be amended from time to time by the City. ARTICLE 34 — Health Care Savings Plan 34.1 The State of Minnesota through Minnesota Statute 352.98 has authorized the Minnesota State Retirement System (MSRS) to establish and administer a Health Care Savings Plan (HCSP.) 34.2 Participation in this program is mandatory, based on specific criteria, for all employees covered by this labor agreement. 34.3 All Employees with three or more years of service with a compensatory time balance as of December 1 of each year will pay the first 40 hours of the existing balance to the Employee's HCSP account. 34.4 All Employees eligible for retirement according to PERA and who terminate their employment from the City of Brooklyn Center will pay to the Employee's HCSP account at the time of termination, 40% of accumulated sick leave, all of the Employee's accrued vacation up to a maximum of 230 hours, and all of the Employee's accrued compensatory time up to a maximum of 60 hours. ARTICLE 34 - Agreement Implementation Employer shall implement the terms of this Agreement in the form of a resolution. If the implementation of the terms of this Agreement require the adoption of a law, ordinance, or charter amendment, the Employer shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution, or charter amendment. ARTICLE 35 - Waiver 35.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 35.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. 16 ARTICLE 36 - Duration This Agreement shall be effective as of January 1, 2011 and shall remain in full force and effect until the thirty -first (3 1) day of December, 2011, as noted in the contract. IN WITNESS THERETO, the parties have caused this Agreement to be executed this day of 2011. FOR THE CITY OF FOR LAW ENFORCEMENT BROOKLYN CENTER LABOR SERVICES Mayor Business Agent City Manager Union Steward 17 City Council Agenda Item No. 6e • • COUNCIL ITEM MEMORANDUM DATE: May 4, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer 511 SUBJECT: Resolution Authorizing the Execution of a Construction Agreement between Xcel Energy and the City of Brooklyn Center for Street Lighting Facilities Recommendation: It is recommended that the City Council consider approval of a resolution authorizing the execution of a Construction Agreement between Xcel Energy and the City of Brooklyn Center for street lighting facilities contained within the Palmer Lake East Neighborhood Street and Utility Improvement area. Background: The Palmer Lake East Neighborhood Street and Utility Improvement project was awarded by the City Council on April 25, 2011, and the notice to proceed for the successful bidder, Ryan Contracting, was authorized on May 3, 2011. In addition to the street and utility work awarded to Ryan Contracting, the 2011 Capital Improvement Plan includes replacing and upgrading the neighborhood's street lighting system. The street lighting work is planned to be contracted directly with Xcel Energy, which will replace 26 existing street lights that are currently owned and operated • by Xcel Energy. The street lighting work will be scheduled and coordinated with the project's street and utility improvements. The attached Construction Agreement is required to proceed with the street lighting portion of the project. Budget Issues: The proposed construction amount of $125,442.00 is within the current budgeted amount of $130,000. Monthly lease rates for the new street lighting falls within the standard Xcel Energy street lighting lease category of A30 -Q5, which amounts to $6.89 per street light per month. For the street lighting system currently in place that falls within category A30 -A, the City pays $9.86 per street light per month. These standard rates are established by Xcel Energy. The monthly rate reduction is mainly due to the City paying for the upfront equipment and construction costs. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust Member introduced the following resolution and moved O its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A CONSTRUCTION AGREEMENT BETWEEN XCEL ENERGY AND THE CITY OF BROOKLYN CENTER FOR STREET LIGHTING FACILITIES WHEREAS, pursuant to planned improvements for the Palmer Lake East Neighborhood Street and Utility Improvement Project No. 2011 -01, Xcel Energy has provided plans to replace the street lighting system as part of said project; and WHEREAS, said improvements are prescribed in the 2011 Capital Improvement Plan; and WHEREAS, the City of Brooklyn Center must enter into a Construction Agreement with the Xcel Energy to proceed with the proposed improvements; and WHEREAS, the City of Brooklyn Center shall pay project installation charges in the amount of $125,442.00 and subsequently pay a monthly lease for street lighting facilities from Xcel Energy at the standard Xcel Energy A30 -Q5 rate, which is established at $6.89 per street light for 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The provisions of the Construction Agreement between Xcel Energy and the City of Brooklyn Center are hereby accepted and approved, and the City Manager is hereby authorized and directed to execute said Construction Agreement. May 9, 2011 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. • XcelEnergys Outdoor Lighting 825 Rice Street St. Paul, MN 55117 Construction Agreement For Street Lighting Facilities The ( "Customer ") and Northern States Power Company, a Minnesota Corporation d /b /a Xcel Energy ( "Xcel Energy" or "Company ") agree to this Construction Agreement for Street Lighting Facilities, including the attached Terms and Conditions, for the following street light facilities: Customer: City of Brooklyn Center Address: 6301 Shingle Creek Parkway City: Brooklyn Center State: MN Zip Code: 55430 Project charges of: One hundred twenty five thousand four hundred forty two dollars and no /100 Dollars: $125,442.00 In accordance with the following terms of payment: Payment 30 days after construction and installation of street lights. For Association or City of: Brooklyn Center Streeflights /Facilities Location: Palmer Lake PMP 2011 Rate Code: A30 -Q Prepay Option. The monthly per street light fee is $6.89 Service consisting of: Installation of Company Owned streetlight facilities consisting of: Designation of Lamps: Number of Luminaries: Installation Proiect Details: 2s • 26 — 150W HIPS Bronze Rectilinear fixtures • 26 — 30' Bronze direct buried fiberglass poles • 26 — 4' Bronze mast arms • 4615' of 1 1 /2 conduit • 5407' of cable • 1440' of directional bore • 3175' of plowing Restoration is not part of this bid. Moving the following Company Owned street light facilities to a new location: N/A Construction process valid for 30 days from: Customer and Xcel Energy agree to the attached terms and conditions for the installation and moving of the facilities identified above. Customer and Xcel Energy agree that the operation of the newly installed or moved facilities shall be subject to the General Street Lighting Contract for Operations & Maintenance Services between Customer and Xcel Energy, dated. Dated this day of 20 Dated this day of 20 Customer: City of Brooklyn Center Xcel Energy: By: By: Title: Title: Timothy J. Virant, Director Business Operations — Minnesota as authorized • agent for Northern States Power Co. Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. August 2006 Page 1 of 5 XcelEnergy Outdoor Lighting 825 Rice Street St. Paul, MN 55117 XCEL ENERGY USE ONLY Date: April 8, Div: Maple — 7 2011 Grove Xcel Energy Outdoor Lighting Consultant : Edward P. Bieging Jr. Xcel Energy Project Number: Customer Charges Paid: TERMS AND CONDITIONS Customer and Company agree to the following terms and conditions: 1. Acceptance. Execution of this Agreement constitutes Customer's acceptance of the express terms of Company's proposal and the offer contained therein, which are included and incorporated into this Agreement. Any additional or different terms proposed by Customer, or any attempt by Customer to vary in any degree any of the terms in this Agreement in Customer's acceptance, are hereby objected to and rejected, and (i) such additional or different terms shall not operate as a rejection of the incorporation of the Company's proposal in this Agreement unless such variances are with respect to terms involving the description, quantity, or delivery schedule of the Work to be performed by Company as described in Company's proposal ( "the Work" means the supplying of any labor, materials, or any other work of Company expressly described in Company's proposal); (ii) such additional or different terms shall be deemed a material alteration hereof, and (iii) Company's proposal shall be deemed accepted by Customer and incorporated into this Agreement without said additional or different terms. 2. Request for Installation; Rights. Customer requests that Company install outdoor lighting at the location(s) designated on page one and /or as shown on the attached exhibit. Customer grants Company any right, privilege • and easement to install, operate and maintain its facilities, including underground facilities, on the property. 3. Installation Requirements. Customer agrees that, prior to Company starting work: (1) the route of Company's service installation shall be accessible to Company's equipment; (2) Customer will remove all obstructions from the route at no cost or expense to Company; (3) Customer will clearly mark all septic tanks, drain - fields, sprinkler systems, water wells, owner - installed electric or pipeline facilities, or other Customer -owned facilities in the installation route; and (4) the ground elevation along the route shall not be above or more than four inches below the final grade. Company will contact the appropriate agency to locate 3 rd party utility facilities (phone, cable, etc.) on Customer property. Customer agrees Company is not responsible for damage to Customer -owned underground facilities not marked at the time of outdoor lighting service installation. 4. Installation Cost Contribution. Customer agrees to pay an installation cost contribution provided in Project Charges on page one. Customer is responsible for any additional installation costs incurred by Company because of (1) soil conditions that impair the installation of underground facilities, such as rock formations, etc., and (2) sidewalks, curbing, black top, paving, sod or other landscaping and obstructions along the cable route, such as extensive existing underground facilities, etc. 5. Winter Construction Charges. When underground facilities are installed between October 1 and April 15, inclusive, because of failure of Customer to meet all requirements of the Company by September 30, or because the Customer's property, or the streets leading thereto, are not ready to receive the underground facilities by such date, such work will be subject to a Winter Construction Charge when winter conditions of six inches or more of frost exist, snow removal or plowing is required to install service, or burners must be set at the underground facilities in order to install service for the entire length of the underground service. Winter construction will not be undertaken by the Company where prohibited by law or where it is not practical to install underground facilities during the winter season. The charges apply to frost depths of 18" or less. At greater frost depths, the Company may individually determine the job cost. The Company also reserves the right to charge for any unusual winter construction expenses. All winter construction charges are non - refundable and are in addition to any normal construction charges. I 6. Schedule; Delays. Quoted shipping and completion dates are approximate and are based on prompt receipt of all necessary information and approvals from Customer and access as required by Company and its contractors S or subcontractors (if any) to the site and to the equipment which is the subject of this Agreement. If Company's Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. August 2006 Page 2 of 5 XceiEnergy Outdoor Lighting 825 Rice Street St. Paul, MN 55117 performance is delayed by Customer's suspension of work, in whole or in part, or by any act or omission of Customer, the time for performance will be extended by the period of time required by Company to return to the state of performance that existed before the delay. If the delay or suspension continues for sixty (60) days, Company has the right to cancel or renegotiate the Agreement. Customer will pay an equitable adjustment based on a claim submitted by Company for all reasonable costs, damages and expenses incurred by Company incident to the delay or suspension. 7. Changes. The prices for any extras or changes to the scope of the Work or modifications to the payment or performance schedule will be agreed upon in writing before either party will be obligated to proceed with such changes. Performance of any change will not waive any claims for equitable adjustment in price or schedule. 8. Relocating Facilities. Customer agrees to pay the cost of relocating any portion of facilities, including underground facilities, to accommodate Customer or as required due to altering of grade, additions to structures, installation of patios, decks, gardens, sidewalks, curbing, paving, blacktop, sod, landscaping or any other condition which makes maintenance of the Company's facilities impractical. 9. Environmental. Prior to the start of the Work, Customer will provide notice of any hazardous materials or hazardous situations that it is aware of with respect to the facilities where the Work is to be performed or that could affect the Work. In the event Company encounters the existence of asbestos, asbestos containing materials, formaldehyde, lead, or potentially toxic or otherwise hazardous material in the performance of the Work, the discovery thereof shall constitute a cause beyond Company's reasonable control and Company shall have the right to cease or not commence the Work until the area has been made safe by Customer or Customer's representative, at Customer's expense. 10. Restoration. Company will restore any excavation of the boulevard on Customer's property with existing soil so • it is level and clean. Customer is responsible for the final compacting, loam, seeding, sod or watering of the boulevard at Customer's expense unless otherwise noted on page one of this Agreement. 14. Additional Charges. In addition to the project charges on page one of this Agreement, Company shall be compensated for any added costs of performing the Work attributable to any one or more of the following: (i) any and all extras and change orders and any and all other additional work mutually agreed by Customer and Company; (ii) any and all costs and expenses related to asbestos or other environmental matters, any unforeseen conditions or any changes in the law; and (iii) any and all added costs and expenses of performing the Work attributable to any change by Customer in the criteria or information for the facility or to any delay or breach by Customer or its subcontractors. 12. Operations; Maintenance. Customer requests and authorizes Company to provide illumination and maintain the street lighting facilities under the Terms and Conditions as described in Customer's General Street Lighting Contract for Operations & Maintenances Services with Company, which shall be effective upon the completion date of the street light installation. 13. Payments. Unless otherwise specified in Company's proposal, Company may at its option invoice Customer upon completion of the Work or invoice Customer on a monthly basis for construction work performed under this Agreement. Customer shall pay Company all invoiced amounts within thirty (30) days of receipt of invoice. 14. Termination. Customer may terminate the Agreement only upon written notice to Company and payment to Company for all (i) services and Work rendered or performed to the effective date of such termination; (ii) materials, supplies and equipment purchased prior to the effective date of such termination; and (iii) costs incurred by Company as a result of such termination. 15. Warranties. Company shall perform the Work in a safe and professional manner in accordance with all applicable codes, standards, regulations and laws. Company shall repair, replace or correct to Customer's satisfaction all faulty or substandard work or defects in materials which appear within ninety (90) days from the date of completion of the Work. Acceptance of the Work or payment by Customer shall not affect this obligation. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL STATUTORY OR IMPLIED WARRANTIES (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY IMPLIED 4 WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE). Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. August 2006 Page 3 of 5 & XcelEnergyx Outdoor Lighting 825 Rice Street St. Paul, MN 55117 16. Limitation of Remedies. IN NO EVENT, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL COMPANY BE LIABLE TO CUSTOMER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE. In no event whatsoever shall Company ever be liable to Customer for any damages or other amounts (including, without limitation, direct or actual damages), whether arising in contract or tort (including, without limitation, negligence) or otherwise, under or in connection with this Agreement or the Work, in an amount, in the aggregate, in excess of the total price paid for the Work; any and all claims for damages in excess of such amount being hereby forever waived and released by Customer; provided, however, that nothing contained in this sentence shall waive or limit any direct damages which Customer may suffer on account of Company's gross negligence or willful misconduct. 17. Force Majeure. Neither party will be liable to the other for any delay or failure to perform due to any cause beyond its reasonable control, including fire, flood, strike or other labor difficulty, act of God, or act of any governmental authority. The party experiencing the force majeure will notify the other party promptly, and appropriate adjustments will be negotiated. In the event of delay in performance due to force majeure, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay, provided that if such delay continues for 60 days the party not experiencing the force majeure may terminate this Agreement. 18. Document Approval. Company may request that Customer review documents developed by Company for conformity with Customer requirements or specifications. Unless Customer advises Company otherwise in writing within fifteen (15) days after Company's submission, Company may consider the documents approved and proceed with work. Changes thereafter, made at the direction of Customer, will entitle Company to adjustment by change order. S 19. Documentation and Proprietary Information. Customer will provide Company with accurate and complete information in order to permit Company to successfully undertake and complete the Work. Company shall not be prohibited from disclosure or use of proprietary or confidential information or documents necessary for Company to secure or maintain in effect any license or permit, or otherwise to complete the Work. Where Customer information is incomplete or incorrect, resulting in delay or extra work, Company will be entitled to adjustment by change order. 20. Work Product. All reports, drawings, plans, specifications, calculations, studies, software programs, tapes, models and memoranda, if any, assembled or prepared by Company or Company's affiliates, independent professional associates, agents, consultants, contractors or subcontractors pursuant to this Agreement are instruments of service in respect of the Work, and Company shall retain all ownership and property interest therein, whether or not the Work is completed. Customer may make and retain copies for information and reference in connection with the Work; provided, however, that it is understood and agreed that such documents are not intended to be re -used by Customer or others on extensions of the project or on any other project or any other purpose other than as expressly set forth in this Agreement, and Customer shall not re -use or disclose to any third party all or any portion of such work product without the express prior written consent of Company. 21. Customer Facilities. Company does not assume any responsibility for the adequacy, safety or satisfactory performance of Customer's facilities. Customer shall, to the fullest extent permitted by law, indemnify, defend and hold harmless Company and its officers, directors, agents, employees, and representatives from and against any and all losses, claims, damages, expenses (including attorneys' fees and costs) arising, for any reason whatsoever, out of the failure, non - operation or faulty performance of Customer's facilities (except to the extent of Company's gross negligence or willful misconduct). 22. Subcontracting. Company may subcontract any portion or all of the Work without the approval of Customer. 23. Independent Contractor. Nothing contained in this Agreement nor any acts of the parties shall be construed to create the relationship of principal and agent, or of limited or general partner, or of joint venture or of any association between or among the parties to this Agreement, except that of owner and independent contractor. 24. Title; Rights of Access. Customer warrants that it has fee simple title to the property. Customer hereby grants to Company the right to enter and improve the real property for the purposes stated herein. Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. August 2006 Page 4 of 5 Xcel EnergY Outdoor Lighting 825 Rice Street St. Paul, MN 55117 25. Ownership. Customer shall acquire no right, title or interest n any portion of the Work or Company's equipment or facilities placed in, on, over, through and /or under the real property by Company. The Work constructed and installed by Company on the real property of Customer shall be and mean the personal property of Company, shall not be considered a fixture of the property, shall not attach to the realty, and shall not be alienable or lienable by Customer or any other party. Further, Company may remove, repair and replace the Work and its component system and equipment at any time without notice in Company's sole and absolute discretion. 26. Other. It is agreed that failure by Customer or by Company at any time or from time to time to enforce any of the provisions of this Agreement shall not be construed to be a waiver of such provision or of Customer's right or Company's right, respectively, to thereafter enforce each and every provision hereof. This Agreement contains, with respect to the specific services to be performed by Company, the entire understanding of the parties, and shall supersede any other oral or written agreements and be binding upon and inure to the benefit of the parties' successors and assigns. This Agreement may not be modified in any way without the written consent of both parties. If any provision of this Agreement is determined by a court to be unenforceable, then such provision will be deemed null and void but the remaining provisions shall be enforceable according to their terms. This Agreement shall be construed and interpreted in accordance with the internal laws of the State of Minnesota (as opposed to conflicts of laws provisions) as though all acts and omissions contemplated hereby or related hereto occurred in Minnesota. No course of prior dealing, usage of trade and course of performance shall be used to modify, supplement or explain any terms of this Agreement. Neither Party will assign or otherwise transfer its rights or obligations hereunder, in whole or in part, without the advance written consent of the other. Notwithstanding the above, Company may assign its rights or obligations to any of its affiliates without the written consent of Customer. 27, Governing Law, The Terms and Conditions provided herein and the rights of all the parties hereunder shall be • construed under and governed by the laws of the State of Minnesota. • Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. August 2006 Page 5 of 5 City Council Agenda Item No. 7a • A , Northwest Henne in Human Services Council p • Research, Planning and Coordination 2010 NWHHSC Contributions to the City Of Brooklyn Center MISSION: Research, Planning, and Coordination of Human Services Networks for the Northwest Hennepin member cities in the Joint Powers Agreement: Brooklyn Center, Brooklyn Park, Corcoran, Crystal, Golden Valley, Hanover, Maple Grove, New Hope and Osseo. NWHHSC creates connections between government, non - profit, education, faith and business sectors and residents, as well as across systems and cultures, pooling resources to: • Develop local research data and give the big picture regionally • Connect people to resources to focus on prevention and early intervention • Improve delivery of and access to services regionally • Increase community engagement and outreach to improve appropriate referrals • Build community and organizational capacity to maximize resources • Help develop cost - effective solutions to avoid duplication of services • Pilot new ways to deliver culturally affirming community -based services • Provide inter - agency professional development on key issues and trends • Engage in cross - sector dialogue and joint planning to develop collaborative strategies • Increase regional knowledge of services through searchable website at www.nwhhsc.org NWHHSC Total Funding for 2010: $1,408,319 2010 Funding NWHHSC received from Hennepin County Contracts: $771,309 ($273,301 is federal) 2010 Funding NWHHSC received from State Contracts: $508,165 ($270,898 is federal) 2010 Funding NWHHSC received from Member Municipalities: $95,702 • 2010 Funding NWHHSC received from Grants and Contributions: $33,143 NWHHSC received funding from Brooklyn Center: $12,182 2010 Emergency Services used by Brooklyn Center residents: 28 residents received financial assistance + 154 people received gas cards + 11 residents received free Car Care Saturday assistance TOTAL Assistance Brooklyn Center received through all programs was $73,516 = $6.03 for every $1 RESEARCH PLANNING COORDINATION • Community Profile expanded • Citizen Advisory Commission • Emergency Services Program, with additional categories reviewed research reports and including Providers Network • Provided data on Brooklyn identified common human service . Domestic Violence Prevention Center demographics and goals across member cities Network language to Brooklyn Center • Senior Leadership Committee . Car Care Saturday Parks and Recreation, Police • Emergency Services Network — • Emergency Services Executive Department and to a Emergency Resource Folders for Directors Network Brooklyn Center church and residents affected by foreclosure • Joint Community Police Partnership Channel 12 . Tobacco -Free Youth worked with 0 Regional Senior Forum • NW Guide to Human Brooklyn Center and Robbinsdale NW Hennepin Early Childhood Services updated on School Districts to create model Network searchable website tobacco -free campus policy for K- . Working Toward Success resources • Immigration population data 12 districts that is now becoming a for area businesses updated statewide model . HealthyTogether Northwest's 31 • Emergency assistance • Early Childhood /Parent Education partners focus on education, services eligibility service distributed books employment and entrepreneurship area maps for area providers • Community resource brochures in opportunities for diverse populations such as CEAP multiple languages distributed . Tobacco -Free Youth • Collect and disseminate 0 New Neighbors Network with West . Network 4 Youth Northwest • secondary data Africans • SE Asians Living Chemically Free • MN Data Center Affiliate for a SE Asians Living Chemically Free . Widowed Persons Services NW local public access to reached out to serve 75 residents newsletter Census Bureau data • Youth leadership opportunities Brooklyn Center • Brooklyn Park • Corcoran • Crystal • Golden Valley • Hanover • Maple Grove • New Hope • Osseo 6120 Earle Brown Drive Ste. 230 Brooklyn Center, MN 55430 (763) 503 -2520 fax (763) 503 -2510 infoCnwhhsc.org www.nwhhsc.org Northwest Hennepin Human Services Council Research, Planning and Coordination Mission Making a difference in the lives of area residents through research, planning and coordination of human services. We create connections between government, non - profit, education, faith and business sectors and residents, as well as across systems and cultures, to: • Develop local research data and give the big picture regionally • Connect people to resources to focus on prevention and early intervention • Improve delivery of and access to services regionally • Build community and organizational capacity to maximize resources • Help develop cost - effective solutions to avoid duplication of services • Pilot new ways to deliver culturally affirming community -based services Research and Planning Regional resource development City - specific profiles Human services issues and trends Demographic reports Community assessments Regional data and census affiliate Community Engagement and Outreach • Get to know local community organizations • Participate in regional community meetings /networks — Often help plan, facilitate, co -chair • Host programs with the community • Website with searchable Human Services Guide • Web tools such as e -mail list serves, blog, Wiki Topic -based Networks Improve Service Coordination between Agencies and Across Systems • Share information, resources and opportunities • Venue for community connections to reduce duplication • Host program spotlights to improve referrals • Develop collaborative strategies to address issues • Provide professional development on key issues • Engage in cross - sector dialogue and joint planning Programs and Networks Include: • ADVISORY COMMISSION is comprised of residents appointed by each member city to provide community input into the work of Northwest Hennepin Human Services Council. Advisory Commission members represent their individual cities and the needs and concerns of their cities' residents. Advisory Commission members meet monthly to share resource information, identify solutions and best practices for addressing pertinent human service issues, and review and provide feedback on agency projects, reports and materials. • DIVERSITY INITIATIVES coordinate and partner with networks across cities and across sectors to increase understanding of ethnicity and culture, build capacity to address multicultural needs among more agencies, and connect diverse populations with community resources. The initiatives include researching and providing data on the changing populations in our region; providing local resource information and resource tip cards with contact numbers for African, Asian and Spanish - speaking resources; planning and co- facilitating new initiatives such as HealthyTogether Northwest; and pilot new partnership programs that include funds for paying staff at diverse organizations such as Southeast Asians Living Chemically Free. 0 Brooklyn Center • Brooklyn Park • Corcoran • Crystal • Golden Valley • Hanover • Maple Grove • New Hope • Osseo 6120 Earle Brown Drive Ste. 230 Brooklyn Center, MN 55430 (763) 503 -2520 fax (763) 503 -2510 info @nwhhsc.org www.nwhhsc.org M '' Northwest Hennepin Human Services Council Research, Planning and Coordination • • DOMESTIC VIOLENCE PREVENTION NETWORK OF NW HENNEPIN COUNTY is a collaborative group of social service organizations, members of faith communities, education, League of Women Voters, interested citizens and violence prevention organizations that raises awareness on a regional level, educates about prevention of domestic violence, and coordinates events such as annual candlelight vigil. • EMERGENCY SERVICES /HOMELESS PREVENTION PROGRAMS of NWHHSC provides different funding sources through a network of local food shelves and battered women shelters. With these funds they are able to provide rent assistance, mortgage assistance, car repair, limited utility assistance, and fuel cards for transportation to work to their clients. This "umbrella" method better serves suburban residents to ensure equal access to funds. The Emergency Services Provider Network meets monthly to hear speakers and coordinate with other nonprofits to educate each other and share resources with them. • EMERGENCY SERVICES EXECUTIVE DIRECTORS NETWORK is a network of 10 Executive Directors from suburban Hennepin County Emergency Assistance /Food Shelf nonprofit organizations that meet monthly to share best practices and address regional issues. • HEALTHYTOGETHER NORTHWEST is a cross - sector and cross - cultural network of 31 regional partners that highlights and develops opportunities in education, employment and entrepreneurship to create a healthier community for new arrivals and all residents. This program is funded by the Blue Cross Blue Shield of Minnesota Foundation. Healthy Together Northwest convenes monthly to share information about organizations, programs and strategies, trends affecting the communities we serve and resources available to assist them. • NORTHWEST HENNEPIN EARLY CHILDHOOD NETWORK ( NWECN) is a network of schools, early • childhood education service providers, business leaders and community leaders that works to identify and remove barriers to early childhood development so all children have the tools to succeed in school and in life. NWECN provides children's books and culturally - relevant early childhood resource materials for events and programs throughout the region. NWECN also distributes resource information for working families to local employers through the quarterly e- newsletter Working Toward Success. • SENIOR LEADERSHIP COMMITTEE consists of area seniors and senior services providers that identifies issues and educates committee members and the community about issues that are affecting older adults. The committee works to build and strengthen relationships with older adults and to connect them to available resources. Through speakers, meetings and the Senior Forum each spring, the committee strives to ensure ease of accessibility to services and disseminate pertinent, up -to -date information on senior issues to the member cities. • SOUTHEAST ASIANS LIVING CHEMICALLY FREE develops and implements a culturally affirming model to support and maintain sobriety for chemically abusing /dependent individuals, which includes developing and executing strategies to eliminate the long- standing disparities in the availability of, access to and quality of chemical health services to the Southeast Asian communities. Also works with mainstream treatment providers to develop culturally relevant methods and materials. • Brooklyn Center • Brooklyn Park • Corcoran • Crystal • Golden Valley • Hanover • Maple Grove • New Hope • Osseo 6120 Earle Brown Drive Ste. 230 Brooklyn Center, MN 55430 (763) 503 -2520 fax (763) 503 -2510 info @nwhhsc.org www.nwhhsc.org Internet Explorer cannot d... Internet Explorer cannot it... Northwest Hennepin Hu... C j Services Gul...' tiorne Contact Us Sitin ♦ A A N ort h west i Co uncil AboutUs Guide to Human Services Research & Planning Member Cities O ur Res Northwest Hennepin County Guide to Human Services i' The Northwest Hennepin Guide to Human Services provides a broad array of information about agencies and services that helps connect people to community resources. , . p Agencies listed here were referred by other agencies. The information is provided directly by each of the resources listed. Ifyou represent a service agency that has updates or additions to the Guide, please •.,. ..err .r ., t K Browse by, Service Category--- _. .... _. (� ;:r -:'{ -. Service Sub Categor -- = jb or Search by Keyword � _ w Transportation for Brooklyn Center, Crystal, Golden valley. New Hope, and Robbinsdale residents for personal 4100 Lakeview Ave. and grocery shopping, senior dining and senior activities. Robbinsdale, MN 55422 j Cnap7 SJ@ Ji 763 -531 -1259 ir The development of the whole child through individualized and comprehensive brain- centered programs and 1800 2nd St. NE services. These services are educational, therapeutic and rehabilitive in nature. Minneapolis, MN 55418 „_'t }Rdj Q $ 612 -T89 1236 A i U 0 U szr.:ry�'.� � Provides home care services including case management, skilled nursing and support services. 8932 Old Cedar Ave. S. Bloomington, MN 5425 5 952- 854 -7760 • • Brooklyn Center 2010 I Northwest Hennepin Human Services Council Research, Planning and Coordination a NWHHSC MEN R F1T Brooklyn Center membership contribution was $12 far 2013 Research, Brooklyn Center Received Total of $73,516 in emergenc ,seryices,�na . i" a1'a1 Planning and °m �,a ; For every $1 Boa 'r"' _ Coordination a Emergency S;ru�es x "x,747 Healthy Together N ©n'nres# Northwest Early Child x etw Rese 9ann° Southeast Asians Living ,Chemicall l e A : TFY Start drag :.: f c NWHHSC Programs 10 Advisory Commission Emergency Services /Affordable Housing Advisory Commission Meetings • • Emergency Services Information and Resource Sharing • • Northwest Hennepin Guide to Human Services Review and provide feedback • • Homeless Prevention • Hennepin County Emergency Funds Healthy Together Northwest • Domestic Violence Prevention Network Coordinate Community Trainings • • Car Care Saturday Increase Cultural Understanding Through Shared Stories • • Executive Directors Network of Emergency Service Providers Community Outreach and Resource Updates • Homeless Management Information Systems Northwest Early Childhood Network • Providers Served . Updating the System Public Education and Resource Sharing • • Training Working Toward Success • Research and Planning Seniors • Data Resource Senior Leadership Committee • • Research Widowed Persons Services Northwest • • Census Data Affiliate Senior Services Network • • Joint Community Police Partnership Resource Information Distribution • Southeast Asians Living Chemically Free TFY -Start Noticing • Increase Cultural Competency Youth Development • • Increase Staff Education & Training Community Events and Educational Outreach • • Improve Supports Media and Communications Outreach • e Engagement and Outreach in Community /�\ I I Northwest Hennepin Human Services Council Research, Planning and Coordination • • 0 . Northwest Hennepin Human Services Council Brooklyn Center 2010 Research, Planning and Coordination Advisory Commission Northwest Hennepin Human Services Council coordinates and staffs an Advisory Commission comprised of residents appointed by each Joint Powers Agreement Member City Council. Advisory Commission members represent their individual cities and the needs and concerns of their city's residents. This provides direct community input from city residents into the work of the agency. The Advisory Commission meets monthly for information and resource sharing and to assist in identifying solutions and best practices for addressing pertinent human services issues. 2010 Brooklyn Center Representatives: Sharon Kephart and Carol Kleven Advisory Commission Monthly Meetings Information and Resource Sharing • Presentations on pertinent human service topics, such as Emergency • Presented information about NWHHSC at Brooklyn Center City Coun- Services, Homeless Information Management System, Chemical Health cil meeting. Initiatives, TFY - Start Noticing, and Healthy Together Northwest. Dis- • Connected Brooklyn Center residents, organizations and the City of cussions and planning followed each presentation. Brooklyn Center with resources. • Presentation and tour of the Brooklyn Center Health Resource Center. • Connected with NWHHSC city liaison and Board member to acquire • Presentation by the Hennepin County Community Works and Transit the strategic plan of Brooklyn Center. Identified common human ser- on the Community Development Block Grant process. vice goals across cities and ways in which NWHHSC can help member cities reach those goals. Review and Provide Feedback • Distributed information such as the NW Hennepin Guide to Human • Reviewed NWHHSC City and Regional Profiles. Services; new NWHHSC research on foreclosures, diversity and emer- • Reviewed NWHHSC funding and strategic plan. gency services; flyers about events, area services /resources and other • Gave feedback on NWHHSC programs and activities. information materials to City Hall, libraries, schools, faith communities • Incorporated suggestions and ideas from the community. and community organizations. • Reviewed applications for Invest Northwest awards. • Shared new resources, best practices and upcoming events in the area • Reviewed applications and selected Senior Leadership Committee 2010 (e.g. job fairs, community gardens) with other Advisory Commission members. members. • K r f i h NWHHSC work and important r n ept abreast o city happenings, N trends ds such as foreclosures, emergency response and northwest Hennepin County's increasing diversity. • Participation at the Annual Event, a recognition event for member cit- ies, the Executive Board, Advisory Commission members and commu- nity partners. 3 F ill's Northwest Hennepin Human Services Council Brooklyn Center 2010 NMI Research, Planning and Coordination Emergency Services and Homeless Prevention Program The Emergency Services and Homeless Prevention Program assists northwest suburban area residents in short -term crisis situations. Through a network of local food shelves and battered women shelters, NWHHSC administers federal Family Homeless Prevention and Assistance Program (FHPAP) funds, Homeless Prevention and Rapid Re- Housing Program (HPRP) funds and Hennepin County Emergency Services funds to provide rent assistance, mortgage assistance, car repair, limited utility assistance, and gas cards for transportation to work. Hennepin County encourages this "umbrella" method to better serve residents. Contribution to Brooklyn Center: $17,747 Emergency Services Hennepin County Emergency Funds • Coordinated monthly Emergency Services Provider network meetings with • Administered Hennepin County Emergency funds (one -time emergency trainings, workshops and collaboration. Expanded to include other non- assistance) with financial assistance to 8 food shelves and 2 battered wom- profit agencies such as Homes For All. The active participation of provid- en shelters in Northwest and West Hennepin County, including CEAP and ers in the network, including CEAP, improved the delivery of, and access Community Corner. to, emergency services in Suburban Hennepin. • The three funds we coordinate helped 28 residents with financial assis- • Coordinated monthly Executive Directors Network of Emergency Ser- tance and 154 residents were helped through Fuel Cards. vice Providers: worked with statewide organizations that provide food and Northwest Hennepin Guide to Human Services funding to decrease duplicate efforts and look at multiple needs that must . Continue to distribute resource guides to food shelves, schools, child care be addressed to stabilize families seeking food; worked with The Family centers, government offices, libraries, non - profit organizations, ECFE sites Partnership on a grant to train staff and volunteers on how to addresses and businesses. mental health issues; will pilot mental health services. • Updated searchable web -based NW Hennepin Guide to Human Services, • Administered three different funding sources so each participating agency available at our website ( www.nwhhsc.org) on a weekly basis. can expand direct services without adding administrative staff. • Distributed updated Emergency Phone Tip Cards. • Continued to distribute Emergency Assistance Resource information fold- Domestic Violence Prevention Network ers to cities and Energy Assistance Applications. NWHHSC distributed • Co- Chaired with staff from Project PEACE. 20 folders to Brooklyn Center for residents. • Network hosted the Annual Vigil at the North Hennepin Community Col - Homeless Prevention and Rapid Re- Housing -HPRP lege to raise awareness of domestic violence and the loss of l life in • Administered Hennepin County Recovery and Reinvestment Funds— Brooklyn Center this year: HPRP funds to 7 food shelves with financial assistance in Northwest and • Northwest area Clothesline Project and other agencies tabled at the West Hennepin County, including CEAP. event. Many of the students attended. Homeless Prevention -FHPAP Car Care Saturday • Administered FHPAP funds (one -time emergency assistance) with finan- Coordinated semi- annual events for eligible residents to receive free oil cial assistance to 8 food shelves and 2 battered women shelters in NW and changes, air filters, wiper blades and battery replacement. 11 residents West Hennepin County, including CEAP and Community Corner. received $1,650 worth of Car Care services. Participation in Community Committees • Emergency Food Network (Board member) New Neighbors Network: Northwest area and Steering Committee • Hennepin County Continuum of Care workgroup • CEAP Family Car Loan Program: Northwest area • The Northwest Healthy Communities Partnership • Family Homeless Prevention and Assistance Program /Heading Home • Housing For All Hennepin Advisory Committee and Foreclosure Sub - Committee • Hennepin County Foreclosure Task Force Committee Heading Home Hennepin Family Group • Homeless Youth Hennepin County • r 0 , ,, Northwest Hennepin Human Services Council 7 Brooklyn Center 2010 1 Research, Planning and Coordination Healthy Together Northwest This cross - sector and cross - cultural network of residents and providers works to create a healthier community for all Northwest Hennepin residents, with a special emphasis on new Americans, by highlighting and creating opportunities in education, employment and entrepreneurship. NWHHSC staff coordinates monthly network meetings, participates in community events, writes grants, gives public presentations, and serves as liaison to community groups and other initiatives. Funded by Blue Cross Blue Shield Foundation of Minnesota. Contribution to Brooklyn Center: $1,822 Program Activities Community Events and Outreach • Coordinated monthly meetings of 31 regional partners to develop 0 Partnered with North Hennepin Community College new Entrepre- referral base and plan program activities. neurship Communities of Color Program. • Community co- chairs represent both the new arrivals community • Presented information on the network to the North Hennepin Area and the receiving community. Chamber Business Luncheon as part of the Business Education Part- Identified and recruited resources in education, employment and nership. entrepreneurship to be updated and added to the Northwest Henne- 0 Tabled at North Hennepin Community College - Entrepreneurship pin Guide to Human Resources. Communities of Color program launch event. • Collected community needs assessment data on challenges and op- portunities in education, employment and entrepreneurship. • Developed communications plan to foster understanding between new arrivals and receiving communities. • Promoted partner organizations' events and activities across cul- tures and sectors. I Participation in Community Committees • North Hennepin Area Chamber of Commerce: Business Education Partnership (member) 5 00"Ahm, 5 0,1 Northwest Hennepin Human Services Council Brooklyn Center 2010 Research, Planning and Coordination Homeless Management Information Systems Data Entry Hennepin County contracts with NWHHSC for trained and licensed staff to complete the data entry of Family Homeless Prevention and Assistance Program (FHPAP) and Homelessness Prevention and Re- housing Program (HPRP) cases into the statewide Homeless Management Information Systems (HMIS) database. HMIS are client -level databases that combine information from various homeless service providers and provide client tracking and case management, service and referral management, and reporting. Minnesota's HMIS are overseen by a Governing Group that includes representatives from each of the 13 Continuum of Care regions in the state, as well as persons who were formerly homeless and various advocacy organizations and providers serving specific populations such as youth and veterans. Wilder Research provides statewide administration for HMIS and Bowman Internet Systems is the software provider. Funded by Hennepin County. Providers Served: FHPAP and HPRP Updating the System to Increase Efficiency • Entered client data for 25 Family Homeless Prevention and • Collaborated with the Wilder Research Center to suggest innovative Assistance Program (FHPAP) and Homelessness Prevention and Re- ways to improve efficiency in HMIS data reporting. Housing (HPRP) providers throughout all of Hennepin County • Served on the Governing Group's "3 -1)" Subcommittee (data ele- which assisted residents with rent, utilities, mortgage payments and ments, database, and data quality review), an end -user committee other financial needs. which makes recommendations to the Governing Group. • Total head of household clients entered for FHPAP • Assisted with time- testing sessions to evaluate needs to upgrade sys- January 2010 - December 2010: (1,270) tem requirements and create a more productive workflow. • 758 families • Wilder Research Center and Bowman Internet Systems have made • 342 single adults changes to HMIS per NWHHSC staff input, saving NWHHSC and • 170 youth other Minnesota HMIS users time and money. • Total head of household clients entered for HPRP January 2010 - December 2010: HMIS Provider Training • Prevention: 178 • HMIS team held HMIS training for the Northwest Services Provid- • Rapid Re- housing: 134 ers to ensure providers are meeting HUD data requirements. • NWHHSC's data entry enabled these 25 providers to focus their expertise and budgets on effective and efficient services for Henne- pin County residents. Providers included: • 8 food shelves with financial assistance and 2 battered women shelters in Northwest and West Hennepin including LEAP. • 2 food shelves with financial assistance in South Hennepin. • 9 providers in Minneapolis who help families in financial crisis. • 4 homeless youth service providers including Point Northwest. 6 • • 0 , Northwest Hennepin Human Services Council Brooklyn Center 2010 Research, Planning and Coordination Northwest Hennepin Early Childhood Network (Formerly Success by 6TM Northwest) This network of schools, early childhood education service providers, business leaders and community leaders works to identify and remove barriers to early childhood development so all children have the tools to succeed in school and in life. Northwest Hennepin Human Services Council staff coordinate monthly network meetings, participate in community events, write grants, give public presentations, write community training materials, and serve as liaison to community groups and other initiatives. Contribution to Brooklyn Center: $6,262 Public Education and Resource Sharing Working Toward Success • Coordinated monthly meetings of network partners. • Connected local employers with information and resources with an • Hosted speakers and shared resources on priority issues: electronic newsletter on topics related to family - friendly workplaces • Ready4K Legislative Updates and services available to working families. • Ready4K talking points for education in support of early 0 Strategized new effort to engage additional employers in the region. childhood programs and outreach. • E- newsletter: Working Toward Success • Area legislators gave a panel discussion on legislative initia- • 2010 Summer Edition— provided information on family activi- tives regarding early childhood. ties, Hennepin County Library Summer schedule, City and Park • Community Emergency Assistance Program (CEAP) Family recreation schedule, MN State Park activities, and on -line par - Center enting resources. • Robbinsdale Area Schools Early Childhood Family Education • 2010 Winter Edition — provided information on family activities, • Meadow Lakes Elementary School —Early Childhood "Jump early literacy and Hennepin County Library Storytime. Start" program • Connected with five local Rotary Clubs regarding early literacy activities and opportunities. • Provided books to programs serving families in Brooklyn Center. 7 � I Northwest Hennepin Human Services Council Brooklyn Center 2010 =1 Research, Planning and Coordination Research and Planning Community -based, regionally- focused research and planning includes city- specific profiles, Northwest Hennepin regional profiles, demographic reports, regional census data, human services issues and trends such as foreclosure reports, community assessments, and other information used for regional resource development and for connecting area residents with existing resources. Contribution to Brooklyn Center: $2,540 Data Resource Research • Responded to 14 requests for research, data from cities and regional • Global Neighbors: Identifying Diverse Populations in Northwest human service agencies, including Police Departments, Fire Depart- Hennepin County Using School District Enrollment Data report was ments, Parks and Recreation, Community Development Depart- vetted by Wilder Research and published on the Minnesota Com- ments, Code Enforcement Departments, Libraries, School Districts, pass website (www.MNCompass.org). Channel 12 News and nonprofits and community organizations. • Updated research on diverse populations in Northwest Hennepin. • Requests from City of Brooklyn Center and organizations serving • Prepared yearly Brooklyn Center Profile and Regional Profile of Brooklyn Center: demographic, economic and housing data and monitored foreclosure • Provided primary home language spoken and enrollment totals trends. of schools serving Brooklyn Center for the City of Brooklyn Center Parks and Recreation. Minnesota Data Center Affiliate • Provided the total number of Liberians whose first point of re- • Provided local public access to Census Bureau reports and data. settlement was Brooklyn Center for Channel 12 News. NWHHSC is one of the five U.S. Census Bureau affiliates in • Provided demographic information to Brooklyn Center Police Hennepin County and the only one in the NW Hennepin region. Department. • Provided Global Neighbors report for the Brooklyn Center Joint Community Police Partnership Evangelical Church. • Provided community connections and resources to Multicultural Ad- visory Committee members. Community Presentations • Domestic Violence Prevention presentation to the Multicultural Ad- Presented information about NWHHSC at Brooklyn Center City visory Committee. Council Meeting with Advisory Commission and Senior Leadership • Provided NW Hennepin Human Services Guides for youth program - Committee members. ming initiatives. Participation in Community Committees • Housing For All — Bus Tour Subcommittee (Chair) • Minnesota Geospatial Advisory Council's Emergency Preparedness • NW Hennepin Family Services Collaborative Governance Commission Committee • Minnesota Strengthening Families' Culture Work Group • National Association of Planning Councils • Minnesota Strengthening Families' State Leadership Group 8 • �� • 0 - ,, Northwest Hennepin Human Services Council Brooklyn Center 2010 17 Research, Planning and Coordination Seniors The Senior Leadership Committee and the Senior Services Network meet to identity issues and educate themselves and the Northwest Hennepin commu- nities about issues affecting older adults. They work to build and strengthen relationships with older adults and to connect them to available resources. Contribution to Brooklyn Center: $3,081 2010 Brooklyn Center Representatives: Chair Barbara Jensen and JoAnn Campbell- Sudduth The Senior Leadership Committee Widowed Persons Services Northwest • Coordinated monthly meetings with representatives of senior citizen . Maintained roster for program co- sponsored by AARP. clubs and organizations of member cities. • Edited, printed and distributed monthly newsletter that connects local • Hosted speakers and shared resources on priority issues: widowed persons to support and social activities. • Store -to -Door Home Delivery of Groceries (7 Brooklyn Center seniors received 12 annual newsletters) • Change to Senior Transit Services • Keep Seniors Safe Understanding and Planning for Aging Senior Services Network • Respite Care Program for Caregivers 71 senior service providers /vendors provided information at the annu- • Alzheimer's and Dementia al Senior Forum representing senior - serving nonprofits and business- • es that serve all member cities. • Medicare • LIFT (Living Information for Today program for widows and Widowers who recently lost a spouse) Resource Information Distribution • RSVP (Retired Senior Volunteer Program) • Provided the following guides to senior centers, senior assisted living • Committee members made regular reports (and upon request) to programs, senior apartments, senior programs and member cities: their community clubs or organizations about information and • Twin Cities Senior Housing Guide resources they received at meetings. • Northwest Hennepin Guide to Human Services • Committee members presented information at the Brooklyn Center • Widowed Persons Monthly Newsletter City Council meeting. • Maintained a Resource Library for senior services in Northwest • Applications for Senior Service Providers were developed and 5 area Hennepin County. service providers were selected to join the Senior Leadership Com- • Cited as a source of information in the Minnesota Board on Aging m ittee. report. • Sponsored the annual Senior Spring Forum. 160 seniors attended. • Provided feedback to Brooklyn Center Assisted Living Center on top (8 Brooklyn Center seniors registered and attended) three resources that are most difficult for seniors to access in the • The Forum had speakers on: Northwest suburbs. • Boomers: The Age Wave and How it Will Affect Everything • Sleep Apnea • Safe and Effective Medications 9 � I Northwest Hennepin Human Services Council Brooklyn Center 2010 =1 Research, Planning and Coordination Southeast Asians Living Chemically Free Develop and implement culturally affirming model to support and maintain sobriety for chemically abusing /dependent individuals, including developing and implementing strategies to eliminate the long- standing disparities in the availability of, access to and quality of chemical health services to the Southeast Asian communities in Northwest Hennepin. Funded by the Minnesota Department of Human Services. Grant Partners: Lao Assistance Center of Minnesota and Hnnong Youth Support Specialist Ying Lee Contribution to Brooklyn Center: $32,355 Increased Cultural Awareness Improved Partnership Capacity • Built trusting relationships with the Southeast Asian community 0 Conducted mid -point program Community Readiness Assess - in Northwest Hennepin area. ment with Brooklyn Center High School students to gauge • Established partnership with Brooklyn Center High School to opinions of Southeast Asian communities to address alcohol, raise awareness of youth substance abuse problems with Lao and tobacco, and other drug problems. Hmong students. • Utilized Community Readiness Assessment findings to define • Established connection with mainstream providers to build focus of work plan and evaluation for program clients and for cultural capacity of health /human services staff. youth leadership coalitions. • Produced and disseminated positive communication materials 0 Developed communication tools for partners to document pro - specific to Southeast Asian communities. gram learning and to increase agency accountability. Enhanced Staff Education & Training Engaged with the Community • Provided support to staff with partner agencies, including sala- • Attended community workshops to connect with Southeast Asian ries, technical equipment and supplies, and attendance to local families and professionals. 75 residents of Brooklyn Center workshops about substance abuse related to: underage drinking; participated in program events and services. family- centered services; integrative health; dual diagnosis in • Performed outreach at public events such as Youth Determined to chemical and mental health; challenges and strengths in immi- Succeed Health Fair hosted by Brooklyn Center High School, grant communities; and holistic wellness. Buddhist celebrations, and fundraisers to connect with local • Conducted Youth Voices leadership workshop to increase youth community members. coalition capacity in culturally- relevant prevention methods. • Expanded traditional leaders network, engaged with Lao spiritual • Attended national conference on evidence -based practices with leaders and clan leaders of the Hmong 18 Council. diverse populations and settings. • Identified different activities external to program to increase so- cial involvement and healthy choices for clients, youth, and fam- ilies. Participation in Community Committees • Partnership for Change Steering Committee: North Memorial Care Metro Refugee Health Task Force: MN Dept. of Health • Reduce Disparities Work Group: MN Dept. of Human Services 10 • 0 0 Brooklyn Center 2010 ' Northwest Hennepin Human Services Council Research, Planning and Coordination' TFY Start Noticing TFY -Start Noticing is a community -based, culturally diverse youth leadership program working to counter the negative influences of tobacco in Northwest Hennepin. The program works with youth, parents, local community leaders and retailers to educate residents to start noticing the tobacco advertising in our communities and its effect on youth. Funded by the Minnesota Department of Health. Grant Partners: Center of Hope and Compassion, Lao Assistance Center of Minnesota and Minnesota African Women's Association Project Partners: Public Health Law Center, Start Noticing Coalition and Tunheim Partners Contribution to Brooklyn Center: $9,709 Program Activities Brooklyn Center Community Events and Outreach Community Partnerships • Named Brooklyn Center Schools "Community Partner of the Year ". • Grant partners for three organizations that serve diverse populations and • Engaged the community using a "Tobacco Ad Toss" youth activity at youth collaborate on tobacco prevention strategies and implementation. National Night Out Kickoff Event, Earthfest and Health Fest Strategic Communications and Coalition Building 0 Engaged 60 youth in three interactive workshops at Brooklyn Cen- • Strengthened the Start Noticing Coalition by pooling resources, funding ter Safety Camp. and ideas across geographic areas and target populations to increase effi- • Provided tobacco prevention materials for Teen Speed Networking ciency and reduce youth exposure to pro - tobacco influence. and Face 2 Face. • 8 Brooklyn Center stores participated in TFY -Start Noticing's Great 0 Provided tobacco prevention resource materials to the Family Re- American Smokeout one -day event by blacking out all tobacco ads. source Room at Brooklyn Center High School. • Provided technical assistance to the Brooklyn Center and Robbinsdale • Presented information about tobacco marketing and the negative ef- School Districts so that they could update their tobacco -free schools poli- fects of tobacco to 25 youth at Northport Elementary and 7 youth cies. at Earle Brown Elementary. • Worked with Public Health Law Center to create a model Tobacco -Free • Maintained a Tobacco - Prevention Resource Library for use by organ - Campus policy for K -12 school districts. izations that serve Brooklyn Center youth. • Worked with corporate leaders at Casey's General Stores and Meredith • Co- chaired quarterly Networking 4 Youth Northwest meetings. Corporation to reduce tobacco company influences in convenience stores • Presented program updates to regional leadership groups serving and parent - focused magazines. Brooklyn Center, including the Northwest Hennepin Human Services • Presented program achievements at three statewide conferences. Council Advisory Commission, Emergency Service Providers, and Youth Development the North Hennepin Chamber of Commerce. 4 Brooklyn Center youth participated in the TFY -Start Noticing program. Media and Communications Outreach Brooklyn Center Youth: 0 Received local cable coverage on Channel 12 and newspaper media • Worked with professional researcher to conduct follow -up assess- coverage in the Star Tribune. ment of tobacco advertising in 20 local stores. 0 Distributed monthly TFY -Start Noticing e- newsletter to coalition • Initiated partnerships with 7 Brooklyn Center stores that agreed to members and networks in Brooklyn Center. remove all tobacco advertising placed 3 feet and below. • Created a series of fact cards on topics such as new tobacco products • Created video focused on ineffective tobacco company - sponsored and tobacco advertising in stores. youth prevention materials in schools. • Maintained program Facebook page, YouTube Channel and coalition I I website. ,,� Northwest Hennepin Human Services Council Research, Planning and Coordination Brooklyn Center Community Profile 2011 This report includes the most current available data from a variety of local, state and national sources, includ- ing the Hennepin County Human Services and Public Health Department, the Metropolitan Council, the Min- nesota Department of Education, the Minnesota Department of Employment and Economic Development and the U.S. Census Bureau. A complete list of sources can be found at the end of this publication. Northwest Hennepin Cities' Population Ra k City zi b 1 *Brookl n Park 75,781 2 Plymouth 70,576 3 *Maple Grove 61,567 Broo n Center #�? w3 . kl � 5 Champlin 23,089 6 *Crystal 22,151 7 *Golden Valley 20,371 8 *New Hoe 20,339 9 Robbinsdale 13,953 10 Rogers 8,597 11 *Corcoran 5,379 12 Dayton 4,671 13 *Osseo 2,430 14 *Hanover (Henn. Co.) 579 Source: 2010 Census Redistricting Data (Public Law 94 -171) Summary File 'U.S. Census Bureau, Population Estimates Program (2009) *Member City of Northwest Hennepin Human Services Council Table of Contents Population 2 Natality 3 Maternal Risk Factors 4 Children and Youth 5 Seniors 6 Race, Ethnicity and Language 7 Education 8 Employment 9 • Housing 10 Poverty 11 Sources 12 Brooklyn Center I Northwest Hennepin Human Services Council Research, Planning and Coordination Brooklyn Center 2011 Profile Popula# n Brooklyn Center Population 2000 -2010 31,000 30,330 30 ,104 The 2010 population count for Brook - 30,000 lyn Center is 30,104 -a 3.1 % increase 9,172 29,185 29,005 since the 2000 Census. Brooklyn Cen 29,000 29,810 ter is the fourth largest city in the 1 29,180 29,174 1 Northwest Hennepin region. 27,901 28,000 28,137 27,907 27,000 26,000 -T 2000 2002 2002 2004 2006 2008 2010 Sources: 2000 U.S. Census, 2010 U.S. Census, Metropolitan Council Brooklyn Center Population Forecast 2000 -2030 31,000 30,500 The population in Brooklyn Center 30,500 ,4, was forecast to increase from 29,172 • in 2000 to 29,500 after the 2010 Cen- 30,000 sus. The population is forecast to 29,500,'� 29,500 continue to increase to 30,500 by 29,500 29 , 172 �'► 2020 and then decrease to 29,500 by 2030. i 29,000 28,500 2000 2010 2020 2030 Source: Metropolitan Council F , Brooklyn Center Households 2000 -2010 11,600 1,430 11,434 11,400 11,350 The 2010 household count for Brook - 11,25 - ° - E I n Center is 10 756 a 6.3 /o de 11,432 11,441 y 11,200 11,142 11,175 crease since 2000. 6 11,186 11,207 11,000 E 10,800 i 10,600 _' 10,756 f 10,400 2000 2002 2004 2006 2008 2010 • Sources: 2000 U.S. Census, 2010 U.S. Census, Metropolitan Council 2 Brooklyn Center r; . I Northwest Hennepin Human Services Council IN Research, Planning and Coordination Brooklyn Center 2011 Profile s Brooklyn Center Total Births 2000 -2009 700 654 There were 568 total births 600 4 553 558 601 568 in Brooklyn Center in 2009, 511 513 a 5.8% decrease since 500 464 460 451 2008. Since 2000, the Brooklyn Center birthrate 400 has remained relatively sta- 300 ble, with a high of 654 births i in 2007 and a low of 451 200 - births in 2002. 100 - 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Source: Hennepin County Human Services and Public Health Department Brooklyn Center % of Foreign born Mothers In 2009, foreign -born mothers 2000 -2009 gave birth to 256 of the 568 60% total births in Brooklyn Cen- 48.8% ter -45.1 % of the total births. 50% 43.2% 45.5% 45.1% 40% 36.3% 45.6% 44.8% The percentage of Brooklyn 43.3% Center births by foreign -born 39.3% mothers has increased by 14.2 30% ° 30.9 /o percentage points since 2000. Over the past 10 years, an av- 20% erage of 42.3% of births in Brooklyn Center were by for- 10% i eign -born mothers. 0% 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Source: Hennepin County Human Services and Public Health Department Number of Births by Foreign-born Mothers by Year 2000 2001 2002 12003 2004 2005 1 2006': 1 2007 1 2008 2009 Foreign -born • Mothers 143 166 177 220 221 1 250 249 315 268T 256 Source: Hennepin County Human Services and Public Health Department 3 Brooklyn Center � I Northwest Hennepin Human Services Council ir'./ Research, Planning and Coordination Brooklyn Center 2011 Profile x m atqM# I RIA Factors sr Brooklyn Center % of Low Birthweight Babies 2005 -2009 10% I There were 39 low birthweight babies 7.7% 7.5% 7.6% born in Brook Center in 2009 an I 8% ° 6.8% 6.9% � y , 0 5.4% 6.1 /° 6.0 °�° 6.0 °�0 6.0 °�o increase of 1.5 percentage points 6 /o since 2000 (25 low birthweight ba- 4% bies). Over the past ten years, an av —+— Brooklyn Center erage of 6.6% of the total births were 2% -+— Minnesota low birthweight. 0% 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Source: Hennepin County Human Services and Public Health Department j Brooklyn Center % of Preterm Births 2000 -2009 f There were 57 preterm births in 50% - Brooklyn Center in 2009, an increase 1 °io of 3.8 percentage points since 2000 (29 preterm births). Over the past ten 30% i years, an average of 7.9% of the total i births were preterm. 20% 0 6.3% 7.2% 7.3% 7.3% 9.2% 9.8% 7.7% 8.4% 10% 5.5% 10.1 i i 0% . i 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Source: Hennepin County Human Services and Public Health Department Brooklyn Center Total Teen Births 2000 -2009 150 There were 51 teen births (ages 15- 125 98 19) in Brooklyn Center in 2009, a de- 100 crease of 52% since 2008 (77 teen 64 67 77 77 births). The number of teen births has 75 - 51 58 51 58 51 continued to decrease over the past j 50 three years, declining by 92% since 25 2007. { 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 € Source: Hennepin County Human Services and Public Health Department 4 Brooklyn Center MN if k Northwest Hennepin Human Services Council Research, Planning and Coordination Brooklyn Center 2011 Profile :.., +ild n ard You x _. �... 2005 -2009 Estimates of Children & Youth Broolkll Center Hennepin County According to the American Community Under 5 years 2,130 79,751 Survey 2005 -2009 5 -Year Estimates, 5 to 9 years 2,017 67,761 there are 8,125 children and youth ag- 10 to 14 years 2,082 69,799 es 0 to 19 in Brooklyn Center -29.7% 470 of the total population. There are 15 to 19 years 1,896 72 289,781 children and youth ages 0 to Total 8 125 289,781 19 in Hennepin County - 25.5% of the Source: U.S. Census Bureau, American Community Survey (ACS), 2005 -2009 total population. *ACS uses a 5 -year sampling methodology to determine 1 -year population estimates. 4 Brooklyn Center Children & Youth as a % of Total Population 2005 -2009* Children and youth in Brooklyn Cen- 7.8% 7 4% ter are distributed fairly evenly by age group. Of the total population in ■ Under 5 years Brooklyn Center, 7.8% are under five { f' 7.6% 5to9years years old, 7.4% are ages 5 to 9, 7.6% x ; are ages 10 to 14 and 6.9% are ages 10 to 14 years 0 15 to 19. 6.9 /° ' 15 to 19 years I A 20 years and over 70. 3% >x Source: U.S. Census Bureau, American Community Survey, 2005 - 2009 ---- -- _- - - - -�, i Hennepin County Children & Youth as a % of Total Population 2005 -2009* 7.0% FA 6. Children and youth in Hennepin County 6.1% ■Under 5 years are similarly distributed to children and youth in Brooklyn Center. Of the total 6.4% 5 to 9 years population in Hennepin County, 7.0% ■ 10 to 14 years are under five years old, 6.0% are ages v.� 15 to 19 years 5 to 9, 6.1% are ages 10 to 14 and 6.4% are ages 15 to 19. 20 years and over 74.5% .. „ Source: U.S. Census Bureau American Community Survey, 2005 -2009 Brooklyn Center Child Care Providers As of April 2011, there were 6 child Typ of Child Care Provider Jul -10 Apr-11 Chang care centers and 47 licensed family Child Care Centers 6 6 0 child care homes in Brooklyn Center. Licensed Family Child Care Homes 47 47 0 Source: Minnesota Department of Human Services 5 Brooklyn Center ,, 1 Northwest Hennepin Human Services Council Research, Planning and Coordination Brooklyn Center 2011 Profile 2005 -2009 Estimates of Seniors .k. Bir Center Hennepin Coun According to the American Community 65 to 74 years 1,791 60,185 Survey 2005 -2009 5 -Year Estimates, 75 to 84 years 1,027 43,769 Brooklyn Center residents ages 65 and 85 years and over 781 20,725 over comprise 13.2% of the total popula- Total 3,699 124,679 tion. Source: U.S. Census Bureau, American Community Survey (ACS), 2005 -2009 'ACS uses a 5 -year sampling methodology to determine 1 -year population estimates. s Brooklyn Center Seniors % of Total Population 2005 -2009 3.8% 2.9% k 6.5% Residents ages 65 and over in Brooklyn Center are not distributed evenly by age ■ 64 years and younger group. Of the total popula- ` ■ 65 to 74 years tion in Brooklyn Center, 6.5% are ages 65 to 74, IN 75 to 84 years 3.8% are ages 75 to 84 and 85 years and over • 2.9% are ages 85 and over. i f i I Source: U.S. Census Bureau, American Community Survey, 2005 -2009 Hennepin County Seniors % of Total Population 2005 -2009 3.9% 1.8% j 5.3% Brooklyn Center seniors constitute a higher percent- age of the total population I (13.2 %) than seniors in ■ 64 years and younger Hennepin County (11.0 %). e 65 to 74 years Of the total population in 0 75 to 84 years I Hennepin County, 5.3% are 85 years and over ages 65 to 74, 3.9% are ages 75 to 84 and 1.8% are ages 85 and over. t Source: U.S. Census Bureau, American Community Survey, 2005 -2009 6 Brooklyn Center s i Northwest Hennepin Human Services Council • �r'r� Research, Planning and Coordination Brooklyn Center 2011 Profile F atq E r ic' � d anquage x . According to 2010 U.S. Cen- Brooklyn Center Population by Race sus the largest racial popu- 2010 lation in Brooklyn Center is 1 80% 74.4% N . white (49.1 %), followed by 70% black or African American 60% ■Brooklyn Center (25.9 %) and Asian (14.3 %). 49.1 0/c Hennepin County I Smaller populations of those 50% that identify as "some other 40% ; race" or "two or more races" 30% 25.9% and very small native popu- lations also reside in Brook - l 20% Ll %14.3 °i° lyn Center. ° ° 1 10 ° ° 6.2 /° 5.4% 3.4% ° 0.8 /° 0.9 /° 4.4 /° 3.2% i 0 % . r . ,Y, - a1 °i° o.o °i° N Hispanic or Latino residents t r White Black or American Asian Native Some Other Two or More in Brooklyn Center comprise African Indian and Hawaiian and Race Races 9.6% of the total population American Alaska Other Pacific which is a hig rate than Native Islander g i Hennepin County Hispanic __.. _._.._____... -.. _.... .._ or Latino residents (6.7 %). Source: 2010 U.S. Census Brooklyn Center is the most diverse city in the state of Minnesota —the 2010 U.S. Census demonstrates that 50.9% of the total population are persons of color. Brooklyn Center Population by Ethnicity Hennepin County Population by Ethnicity 2005 -2009 j 2005 -2009 ° Hispanic or Latino (of ° Hispanic or Latino (of 96% 6.7 /° any race) any race) A ■Not atino Hispanic or Latino ■ Not Hispanic or L I I 1 Source: 2010 U.S. Census Source: 2010 U.S. Census While the majority of Brooklyn Center Language Spoken at Home Po ulation age 5 years and over Brooklyn Center res- Language Number Per64nt idents speak English English only 18,948 75.1% only (75.1%), 24.9% Language other than English 6,270 24.9% speak a language Spanish 2,300 9.1% other than English. Other Indo- European languages 272 1.1% Spanish is the se- cond most prevalent Asian and Pacific Islander languages 2,187 8.7% language spoken in Other languages 1,511 6.0% Brooklyn Center. Source: U.S. Census Bureau, American Community Survey, 2005 -2009 7 Brooklyn Center /!" Northwest Hennepin Human Services Council Research, Planning and Coordination Brooklyn Center 2011 Profile H on x ° Brooklyn Center Educational Attainment 2005 -2009 35% 31.4% 31% 29. 1 �m ■ Brooklyn Center 25% 23.1% Hennepin County 20.2% 20.5% 20% j 15.1%, 144% 1 15% 10% ' 8.0% 9.2% 9.3% ° 7.8 /o 5% _` 3.4% 4.4% 4.0 %i 0% �.... r Less than 9th 9th to 12th High school Some Associate's Bachelor's Graduate or grade grade, no graduate college, no degree degree professional diploma (includes degree degree equivalency) Source: U.S. Census Bureau, American Community Survey, 2005-2009 'Population 25 Years and Over According to the American Community Survey 2005 -2009 5 -Year Estimates, Brooklyn Center residents maintain a significantly lower level of educational attainment than their Hennepin County counterparts - 8.0% have less than a 9th grade education and 9.2% have less than a high school diploma. 15.1 % of Brook- lyn Center residents have a Bachelor's degree, compared to 29.3% in Hennepin County. 4.0% of Brooklyn Center residents have a Graduate or professional degree, compared to 14.4% in Hennepin County. Brooklyn Center School District Graduation, Dropout & During the 2008 -2009 School Year, Continuing Education Rates (2008 -2009 Cohort) 59.1 % of Brooklyn Center School 70% - 65.8% District seniors graduated on ° 59.1 %58.9 *�T time -16.6% dropped out and 60% .r ■Within 4 Years 21.0% continued to pursue their 5o °i° within 5 Years high school graduation. 65.8% of the 2008 -2009 cohort graduated 40% within 6 Years within SIX years. 30% 266% 19.7% 21.0% Schools located in Brooklyn Center: 20% n 16.6% Earle Brown Elementary ° 9.4% Brooklyn Center Secondary $ 10% 5.1% 6„5 Insight School of Minnesota ° Graduate Dropout Continuing Unknown Source Minnesota Department of Education `Please note: Data is currently available only for the 2008 -2009 school year due to the six -year data collection method for graduating cohorts. 8 Brooklyn Center I N I Northwest Hennepin Human Services Council / Research, Planning and Coordination Brooklyn Center 2011 Profile oyfll 4� ° x . �, w M.. Brooklyn Center Average Number of Employees by Year 2005 -2010 15,000 - 12,979 13,267 12,912 12,318 1 12,500 11,453 10,818 3 10,000 I 7,500 i i 5,000 E 2,500 € 1 i 2005 2006 2007 2008 2009 2010" Source: Minnesota Department of Employment and Economic Development, Quarterly Census of Employment and Wages `Data for 2010 is only available for the first 3 quarters of the year. Please note: This data includes those employed in Brooklyn Center and does not imply residence. In 2010, the average number of employees in Brooklyn Center was 10,818 —a decrease of 20.0% since 2005. The average number of employees in Brooklyn Center has continued to decrease over the past 4 years. Average Unemployment Rate by Year 2000 -2010 E 12% ri 9.9% 10% 8.8% 8% ° 6.7 /o 0 6% 5.1% 5.8 /0 5.5% ° ° 5.5% 7.4% 6.6% '-- 4.8% 4.8% 4.2% 4% -1 3.0% 4.4% 4.6% 4.49/o ° 4.9% 0 3.5% 3.8% 3.6% 4.1 /o Brooklyn Center 2% 2.7% —+— Hennepin County I 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Source: Minnesota Department of Employment and Economic Development In 2010, the Brooklyn Center average unemployment rate (not seasonally adjusted) was 8.8 % —a decrease of 1.1 percentage points since 2009. The 2010 Brooklyn Center average unemployment rate was the second highest in the past 10 years. Brooklyn Center has maintained a higher unemployment rate than Hennepin County since 2000. 9 Brooklyn Center Northwest Hennepin Human Services Council WO Research, Planning and Coordination Brooklyn Center 2011 Profile U$ r x a 2010 Rank of Cities in Northwest Hennepin 2009 Rank of Cities in Northwest Hennepin County by Number of Foreclosures County by Number of Foreclosures Numbef Numberof Ra Cir' 'Rank City ' ForeclotOlres Foreclosurei ;��, 1 Brooklyn Park 739 1 Brooklyn Park 745 2 Maple Grove 312 = 2 Brookl r Cen � 300 :31 r 299' 3 Maple Grove 202 4 Plymouth 224 4 Plymouth 176 5 Crystal 159 5 Crystal 134 6 Champlin 137 6 Champlin 119 7 New Hope 106 7 New Hope 82 8 Robbinsdale 99 8 Robbinsdale 80 9 Golden Valley 67 9 Rogers 62 10 Rogers 47 10 Golden Valley 55 11 Dayton 24 11 Dayton 18 12 Corcoran 14 12 Osseo 17 13 Osseo 14 13 Corcoran 13 14 Hassan 11 14 Hassan 7 15 Hanover 2 15 Hanover 3 Source: Hennepin County Sheriffs Foreclosure List Source: Hennepin County Sheriffs Foreclosure List In 2010, Brooklyn Center had the third highest number of foreclosures (of 15 cities) in Northwest Henne- pin County. In 2010, Brooklyn Center had 299 foreclosures —a decrease of 0.3% since 2009. Brooklyn Center Total Foreclosures by Month 2010 I 50 I 40 34 C 30 28 27 30 f 30 26 26 25 23 20 ' 20 17 13 10 0 CP J� nn G� G Q V f 8 O Source: Hennepin County Sheriffs Foreclosure List 10 Brooklyn Center ,, Northwest Hennepin Human Services Council Research, Planning and Coordination Brooklyn Center 2011 Profile r.. �Y Po FA xr k V % of Residents Whose Income in the Past 12 Months is Below the Poverty Level j 30% 24.8% 25% I may ,-•' Brooklyn Center Hennepin County 20% 1 ° 17.7% 192/0 Minnesota i g 15% 12.9% 14.7% 13.6% 11.2% 0 11.4% ° 10.0% F 10.9 /0 9.9% 9.9% 9.2% 9 6% 10.4% 9.4% 10% .- t 8.3% 4 71% j I 5% fir. t All people Related children Related children 5 18 years and over 18 to 64 years 65 years and over under 5 years to 17 years Source: U.S. Census Bureau, American Community Survey, 2005 -2009 According to the American Community Survey 2005 -2009 5 -Year Estimates, 12.9% of Brooklyn Center resi- dents have incomes below the poverty level, compared to 11.2% in Hennepin County and 10.0% in Minne- sota. Young children in Brooklyn Center experience significantly higher rates of poverty than their county and statewide counterparts, with one - quarter (24.8 %) of children under 5 years living below the poverty lev- el. Brooklyn Center children ages 5 -17 also experience higher rates of poverty than children ages 5 -17 in both Hennepin County and throughout the state (19.2% compared to 13.6% and 10.9% respectively). j % Students Eligible for Free or Reduced Price Meals During the 2010 -2011 100% a 2010 -2011 School Year school year, 835 stu- 80.4% g 2009 -2010 School Year dents at Earle Brown 80% i 74.5% 74.6% 76.1% Elementary, 148 at 68.1% 67.3 °i° Insight School of MN 60% and 588 at Brooklyn Center Secondary were eligible for free 40% ! 322% 36.1 _ or reduced price meals. Eligibility has 20% ; increased for the Brooklyn Center School District since Earle Brown Elementary Insight School of Brooklyn Center Brooklyn Center School the 2009 -2010 school • Minnesota Secondary District year. Source: Minnesota Department of Education `Eligibility for the Free & Reduced Price Meals program is based on household income. Free meals —below 130% of the federal poverty level; Reduced meals —below 185% of the federal poverty level. 11 Brooklyn Center � ,,0 1 Northwest Hennepin Human Services Council Research, Planning and Coordination Brooklyn Center 2011 Profile �ourq� ,w :.r .. . n n This report is a periodic publication of the Northwest Hennepin Human Services Council. It contains the latest statistics on population, race, language and ethnicity, poverty, employment and housing. Data sets were collected from the following sources: Hennepin County Assessor's Office Hennepin County Human Services and Public Health Department Hennepin County Sheriff's Foreclosure List Metropolitan Council Minnesota Childcare Resource and Referral Network Minnesota Department of Education Minnesota Department of Employment and Economic Development Minnesota Department of Human Services Minnesota State Demographer U.S. Census Bureau *Please note: Some information cannot be updated due to the frequency of data collection and reporting. Questions about Community Profiles should be addressed to: Regional Research and Planning Coordinator Northwest Hennepin Human Services Council 6120 Earle Brown Drive, Suite 230 Brooklyn Center, Minnesota 55430 Phone: (763) 503 -2520 Fax: (763) 503 -2510 E -mail: infoanwhhsc.org www.nwhhsc.org 12 B rooklyn Center v., Distribution of Foreclosures Year 2010 Total Hennepin County Y • Note Map reports mortgage foreclosure sales • • • • reported by the Hennepin County Sheriff to • • Taxpayer Services Department Hennepin • • �!• ~ County's methodology is to count all foreclosure • , sheriffs sales categories (assessment. association. execution. Judgment, and mortgage) The Sheriffs • f - • - 1 • • certificate of sale documents included In this • • report may still be within the owner's redemption • • period, which in Minnesota typically ranges from five • • weeks to six months. HASSAN TNSP • tANOVL' • • • `'�• • • �- • y J� • . CORC *0 -L • • �' GREENFIELD OCK • • _» •• ,� : RF.IRD • • • • . DISTRICT 7 • _l• % • ' s • • • / •�•� • CEN t •• .�� it ~ • • • • • • .V ••� • .. • •• xl�.ti • •• • • MEDINa • . • .• • • ' .H• • • • INDEPENDENCE • •' • •t ~ TH� • ANTHONY s• • • • • • • • ME�ICINE.11< • • • • • • OI�E�ALLEY S « •• y •• • • ,L DIS CT 2 • or� •E . • ' • • •• • • • •• 0.• • 4 • • • • • • • . i • • • • • . ORONO VJAruT* •.• • • • 0 • •.• • • •• � • • • . • 0 * 0 • . • • . • • O n • • l • •DISTRICT 6 V1 • •• 00 •� 6• . A MINNETRISTA •MWPRI v • JJN ETONKABEACH 4 • • •• • • ti • • T • • • •• •• 3 MOL*1D / • � • % • , • KI N� • • i *?� "� • - �. • • • c���wo0• • 0% • • t / `• a, IP SyOREVvO r. F'�CE ,R 1 • • • • RD • • I • •• ' • • . 0 r -- • • . j �'� • . . — " = r • FT SNELLINGTERR -• -- • • • • •�. • ! EDRJA • • . 0 •� 0 •• r • MSPIN L AIRPORT • K RI FI • Foreclosure (Total Records 6.161) f• ` • . • • •. % • + w Commissioner District Boundary 0 • . . • r • ,y S+ • •••• f • r. ��. 1 • Count of Foreclosures •• E�N` E M • • w M • 1/. •••. •. _• • . • Year 2010 •• »• 0 y ••• .• • • • • • i • : i• 0 Commissioner District Total i •�• eq: • DISTRICTS � �S G • :. •� • 1 1.591 8 % �Y or 100- 199 2 1.097 • +' • _ -b �• • s �•• }t 200-299 3 558 • •�� •�� 312 4 836 • . 5 671 739 6 492 _ 2,308 7 916 Data Source 2010 Sales Extract. Hennepin County Sheriffs Office Map Produced by Hennepin County Total Records: 6.161 Taxpayer Services Department 0 1 2 4 6 8 10 Records Successfully Geolocated: 6.161 (100%) Survey Division �— - � _ - = Mlles Records Unsuccessfully Geolocated: 0 (0 %) January 19 . 2011 Distribution of Foreclosures Through February 2011 Hennepin County Note: • Map reports mortgage foreclosure sales reported by the Hennepin County Sheriff to Taxpayer Services Department. Hennepin • County's methodology is to count all foreclosure sheriffs sales categories (assessment. association. • execution, judgment. and mortgage). The Sheriffs • • certificate of sale documents included in this kOGERS • • report may still be within the owner's redemption period which in Minnesota typically ranges from five • • weeks to six months. H4. SANTV.SP. CHAr.IFLIN • • • % 4FNJ'.'ER • �1� • ` • • • • • CORCORAN 4C r. - •• ,� s • GREENFIELD • • DISTRICT 7 �•� • •+K••• of ROCKFORD • •• • • • • �, • • • • • ♦ ! f • • .•. - ' 7 • • •• • LORETTO • • • • • + • • • • • :• • • s • • • NR1 HOPE•RYSTAL • MEDINA • r � • • ~ RO&INSDALE •I INDEPENDENCE • UTH • • • • ANTHONY • h.A,JLE PLAIN • • •,• • • • MEDICINE LAKE • • • • GOLDENO ALLEY •• DISTRI 2 LONG L•KE • • • • • • • • • • • • ORONO V�AYZATA� • • • • + • VJOOJLAND • so �•�• • RK • • •• • • � LO • ill� PO • • f.71NNETRISTA SPRING PA MINNETONKABEACH DISTRICT•6 • t DISiR 3 • MOUNS _ DEEPHA\'EN I.CNNETUJKA • • • % • • HOPKINS • TONKA 9AV • • GREENWOOD, • 0 SO ST :O.IFACIUS SHOREWOOD EXCELSIOR • • • •• • • • • • • • • EDINA FT SNELLING TERR • • • MSPINTL AIRPORT - Foreclosure (Total Records: 755) • RIC E_LD • Commissioner District Boundary , sEN • • • • • • • Count of Foreclosures • • • ~ • 0 EDENPRAI•IE • � • • • • • • JAN - FEB 2011 • • • r • c • DISTF - .. 0-14 Commissioner District Total • •% • • • • • EL M!NGTOr,6 15 -29 1 182 • • • •• • • • • • 2 125 • • • 4F • • • 30-44 • 3 83 ••�• • • 45-60 4 96 • • 82 5 89 6 68 _ 269 7 112 Data Source. 2011 Sales Extract, Hennepin County Sheriff's Office Map Produced by Hennepin County Total Records: 755 Taxpayer Services Department 0 1 2 4 6 8 10 Survey Division Records Successfully Geolocated: 755 (100 %) March 10, 2011 —� � MIleS Records Unsuccessfully Geolocated: 0 (0 %) L Hennepin County, MN Monthly Count of Sheriffs Mortgage Foreclosure Sales 2008 -2011 Prepared by Taxpayer Services Department 800 710 707698 700 --- 655 642 617 620 597 600 560558 557 572 569 543 543 530 497 515 501 534 519 I 491 500 - 46 463 459 440 441 415 400 350 34 300 X84 200 100 0 �eQ� O 5� � City Council Agenda Item No. 10a • COUNCIL ITEM MEMORANDUM DATE: May 9, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6 -Month Provisional Rental License for 5715 Emerson Ave N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month Provisional Rental License and mitigation plan for 5715 Emerson Ave N. If the Council chooses to not issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a new rental license. This property qualifies for a Type IV provisional rental license, based on 16 property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II, and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 3/30/2010 My Truong applied for initial rental dwelling license for 5715 Emerson Ave N, a single - family residential property. 4/26/2010 Initial rental inspection conducted (16 orders cited, see attached rental criteria). 5/26/2010 Second rental inspection noted violations not corrected. 6/25/2010 Third rental inspection noted violations not corrected. 10/14/2010 Fourth rental inspection noted one violation remained uncorrected. 11/12/2010 Left message for owner regarding correction orders and re- inspection fees. 2/2/2011 Called and spoke to owner; re- informed of $200 re- inspection fee due. 2/10/2011 Phone call from property manager discussed re- inspection fee. 2/22/2011 Spoke to owner about re- inspection fee. 2/24/2011 Spoke to owner about re- inspection fee 2/25/2011 Inspection fee paid. 3/1/2011 Letter to owners notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 4/14/2011 Mitigation Plan finalized Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM If approved, after six months, a new rental license will be required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of Citv Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and /or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all • phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation pla n will b e presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and /or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and /or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and /or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM i Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensnaring an attractive, clean, safe community that enhances the quality of life anal preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units` 0 -0.75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III —1 Year 1 -2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1 -2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit /Year) No Category 1 -2 0 -1 Impact 3 -4 units 0= 0.25- 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 374 units ` Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3- 4`units Greater g Grea e an 1 , 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe community that enhances the duality of life and preserves the public trust �rkytrl' T$rtFbk6 }rtt l:011141' 63 01 Shln�le Creed Parkway Brooldyn Center, MN 551 0- 219' R ental License Alifigation Platt (Type IV Li nse Han 6il Hire a pla sts rvitl not he oc -pte;4 P'�-e ve ()tpe or r sefflIable form o. City weh & Property Addt.vss; 671 Eme Ave North, 0-MICr Name. J aM M Hor I l, LLG � Local Agent: �My t-arn Owner Address_ Age -tit Address: 2400 Malsdell Avenue SMAha #132 MRL , M 15W4 Same ()Wner i�tle; la: 612-8-M6204 agent P onr . 61 2.703 =0066 rus=t' Fttrad r l rr� g!raari,c arri Agent Emil: rrt ltam 9ma,1l,rrrm The. abonref~ renved properb' qoalifies for n T�vpe: IV Rental License.. A MlOptlon p €n rwst L otti} Iel d and ruff iw d by r s ff Ian tyre the rental lict nse appl cat m. can he nsidered for ap irr vai E i Come! 1. A Mitigation Plan sho.04 indicate the steps hei:ng takon tc .Tcut identified. violations and the rncasuws tbut will be taken to enswe ongrsiniz cQr't p*an t—t vitlt City' Ordiu :n es i}ttd �frltlE ble Codes_ 11w. Mitigation Plan pra��?l&:5 an opportunity to review Pro rty w ricerns and idenrot possiblc solutions to ixrtprtrvi tip overall cortditiotis ofilrc pmpcdy- ection A. — Required Doe»men Su bmittl efolluwing documen:isw1th the Mitigation I'tnn for APPYOVO L Crime Free Housing Program Truirring Ce-rtitia vte Lam" I Capy of l &%e Inc -lud ing Minnesola Crime Frey Housing Leaw de ldual i � igmed & C(:,mpicted M itigatlan Platt C .t d. Security A ssussinout l port rf ott by the far kl�rr ntcr Police- >� parlttt+ rats S . SubrnK % ittten report try IO ofen,61i month (after license p mal)_ Section B — Crime Free HO t1S!la P 7'r Phase I 1, Use written te e it>eitrrJ.9rtpa rlxraefreeiinuin,Lease Addendum. , Conduct criminal background cluck f all prof, :p #ca�arvts_ P,o,� de dtearmeiitnteo�� to City if , Pursue the eviction of tonants who violate the tarms €rf the, leaw or any addotnit ms. 4, Attend (,'iV aJr t;� ed eip3EL hour Crime Frec Housing course, Date Course C ompleted. � DAtoCourse eleduled; i I'li�ac it :� Comp 'lot • Security Assessment and inpic -njent all -s ecu r ity improvements r "ummcridW by tho Brooklyn Center N1 ice Department. bate is fit tPet€ I: '_ inrprcwcm , s f� b �1 Led L _ _.� m Pas ] Type IV Mltigatlon Flan l -i I P11AA EZ1 will attend a m biimujn4a50'/'* or the ARM rne-efrnRS(fO! 1 will attend On, ARM, n lee-fings schoduled for, ULAO 14 I!, /1 0120 1 JvAl have no to i# coda viola ions,provio Lisly documented within the P For ' properties otfthfiour armare unk.-r. K WO I r ------- I I will hold mgular rbsideftt, Tneefings. tal ;Cct' y C — Long Term Cap i = nts Plan e Date, Last Roplacol Futur Water Heow 05t4V20-15 Landry Appliances MUMD 14 Fzacrior -Faint/Siding -Windows , -Roof 060)1170 -Olarage_ 051GV2020 -DrIveway MAN" -Sidewalks W0112015 Smoke Alarms & Carbon.Monoxide Alarms F_ Other: I Steps to Improve Management and Conditions 9QrQPe!jj lanplementing t following best pmaices may ass in t1w matiagement of your prope-i . By cheeking the kox-es beloiv, Yon agree to: C �1 ' n With tenants eve - ry 30 id ays. Dri by property to chedL for violations twice, a month. Evict tenants In 0 ation of tl te lea se and aliaddenduins. Provide lawrYsnow service- Providt pprbauo sorvirc. Install wcurity qslern.. =Providem ainten-ance service plan fbr appliances, Name of survir-O COMPAIV Al Appliances ,cs tn I am and wilt remain current on 1payni.cut of Lit I lity fe fine-q, pe Ities. and other rip"In6al Clairn', 4 ur, lo tht My- Other: the If the Type IV ReDtal Licenso is uppmed by thu CILly COMWIl, theticensee inust comply th approved Mitioatim Plan emd;oll app -able, city (Aides, Wl ater than the I BM each cahm r IM011th, the licensee njuslwbanit to the Building and C.ornmunity Standards Department a written re , purt domribing all steps taken to comply with the' iti ti P 'M ga on n. la Pa, ge:2) Type IV IVJ jagation plan 1 -1 IL I vcf ily Mat at! cb,as,c[tation, formllcom inff providgd abow P, trw avid, ac urau. 1 undermand thm if I do na winply whili an uppmwd Plan, enifarcementattimns sw plF dlitor L Ile-ense review may result. Owiler or Agent Additional Chvner or Agent Signaturr, I Title Pate, Wapplictible'l t / I Police Depa rtinent Vfitle Da Build[ng& Cmi Standudti Dopartment/Title Datc Page- 3 Type IV MitipOOT1, Plam I -I I • City Council Agenda Item No. 10b s COUNCIL ITEM MEMORANDUM DATE: May 9, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6 -Month Provisional Rental License for 6101 Xerxes Ave N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month Provisional Rental License and mitigation plan for 6101 Xerxes Ave N. If the Council chooses to not issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a renewal rental license. This property qualifies for a Type IV provisional rental license based on nine property code violations found during the initial rental license inspection and zero validated police incidents /nuisance calls for the past 12 months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II, and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 9 -30 -10 Govan Singh applied for renewal of the rental dwelling license for 6101 Xerxes Ave N, a single - family residential property. 10 -27 -10 Initial rental inspection conducted (nine orders cited, see'attached rental criteria). 1 -11 -11 Second rental inspection passed. 1 -19 -11 Zero validated police incident /nuisance calls occurred in the past 12 months. 1 -19 -11 Letter to owners notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 02 -24 -11 Reminder letter sent requesting Mitigation Plan. 4 -22 -11 Mitigation Plan finalized If approved, after six months, a new rental license will be required. The license process will begin in approximately two months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable prop Code violations as described in Section 12- �� � � Y 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and /or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and /or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and /or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and /or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensnaring an attractive, clean, safe community that enhances the quality of life anal preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units 0 -0.75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units' Greater than 0.75 but not more than 1.5 Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 3-+ units' Greater than 1.5 but not more than 3 Type IV — 6 Months 1 -2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include • disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit /Year) No Category 1 -2 0 -1 Impact 374 units 0 -0.25 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 -4 units Greater than 0:25 but not more than 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3-4'units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust • City of Brooklyn Center Phone: 763 - 569.3300 6301 Shingle Creek Parkway I 7TY /Voice 711 Brooklyn Center, MN 55430 -2194 Fax: 763- 569 -3494 wmvcii� otbrooktyncenterorg 2 Of Rental License Mitigation Plan (Type IV License) Handwritten plans will not be accepted. Please O?e or use frllable farm on City website PropAddress: fii01 XetiesAve `Na C{ivaer l+iazne Govan Strigli Local Agent Owner Addr si Agent Address: ` 98 !2 Ford Ctrde St. /Dills A MN 5542.6 tawuer PhD ... ne.. Agent:Phone , . - 612.- 6'IS -44'C6 4tvner Email il: gsmgh@cnrgroup.com A t . Ema . The above referenced property qualifies for a Type IV Rental License. A Mitigation Plan must be completed and reviewed by City staff before the rental license application can be considered for approval by City Council, A Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identi ossible solutions to improve the overall conditions of the propert R e,'�w_ r:. -,� Submit the following documents with the Mitigation Plan for approval: 1. Crime Free Housing Program Training Certificate 2. Copy of Lease including Minnesota Crime Free FIousina Lease Addendum r 3. Signed & Completed Mitigation Plan 4. Security Assessment Report (Performed by the Brooklyn Center Police Department) 5. Submit written report by 10 of each month (after license approval). Phase I 1. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants.. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terns of the lease or any addendums. 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 03/23/2011 Date Course Scheduled: Phase 11 O Complete Security Assessment and implement all security improvements recommended by the .Brooklyn Center Police Department. Date Com leted: 04/02/2011 Improvements to be completed by: Page I Type IV Mitigation Plan 1 -11 Security was suggested at egress window b_ ut I already have an alarm system. See attached, • Phase TH ✓ I will attend a minimum of 50% of the ARM meetings (four). I will attend the ARM meetings scheduled for: o5/j9/9o11 & 0711Al2011 & 0 I wilt have no repeat code violations previously documented within the past year. For properties with four or more units: I will conduct resident training annually that includes crime prevention techniques. U I will hold regular resident meetings. • ;_• 'qke -- e �y f% R t , c -° ',• S €� t3aF� r .f �» f•'� -, -L.m.: ,rbNgllhtts'Ian _t ��., 4•. fir.. 'F Date Last Replaced Future — Replacement Date Furnace /AC 0910112002 20yrs Water Heater ozrouzoos 10yrs Kitchen Appliances 01/0112001 5yrs Laundry Appliances 0910112008 10yrs Exterior - Paint/Siding 06/0112009 4-5yrs, - Windows 06101[2009 20yrs - Roof 06/01/2000 9yrs -Fence -Shed - Garage - gsfe#F2se9- - Driveway Sidewalks Smoke Alarms & Carbon Monoxide Alarms Other Implementing the following best practices may assist in the management of your property. By checking fire boxes belon, you agree to: Check in with tenants every 30 days. Drive by property to check for violations twice a month. �! Evict tenants in violation of the lease and all addendums. Provide lawn/snow service. Provide garbage service. [� Install security system. =Provide maintenance service plan for appliances. Name of service company: I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. Other: If the Type IV Rental License is approved. by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. Page 2 Type IV Mitigation Plan I -1 I I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result. GOVAN S1 P6 H 04122/ .011 4/Z7- Owner o . ent & tune / Title We Additional Owner or Agent Signature / Title Date (If applicable) Police Department 1 Title Dat` e Building & C mmun ty Standards Department / Title Date Page 3 Type IV Mitigation Plan 1 -11 City Council Agenda Item No. lOc • 1 COUNCIL ITEM MEMORANDUM DATE: May 9, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 46 uv( 4m SUBJECT: Type IV 6 -Month Provisional Rental License for 6757 Humboldt Ave N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month Provisional Rental License and mitigation plan for 6757 Humboldt Ave N. If the Council chooses to not issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a renewal rental license. This property qualifies for a Type IV provisional rental license based on 16 property code violations found during the initial rental license inspection and two validated police incidents /nuisance calls for the past 12 months. Staff from Administration, Building & Community Standards and Police Departments worked with • the property owner regarding a mitigation plan, which requires Phase I, 11, and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 12 -6 -10 Saleem Raza applied for renewal of the rental dwelling license for 6757 Humboldt Ave N, a single- family residential property. 12 -30 -10 Initial rental inspection conducted (16 orders cited, see attached rental criteria). 3 -7 -11 Second rental inspection passed. 3 -24 -11 Two validated police incident /nuisance calls occurred in the past 12 months. 3 -24 -11 Letter to owners notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 4 -4 -11 Mitigation Plan finalized. If approved, after six months, a new rental license will be required. The license process will begin in approximately two months. The new license will be based on the property code ® violations found during the initial renewal license inspection and the number of validated police Mission: Ensuring an attractive, clean, safe communio that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and /or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type 1, 11, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and /or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and /or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and /or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe communio that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units 0 -0.75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 'but not more than 3 Type IV — 6 Months 1 -2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911, and events categorized • as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit /Year) No Category 1 -2 0 -1 Impact 3-4 units ! 0- 0.25 !. 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 -4 units Greater t'ha`n 0:25 but not more than ;.l 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission. Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust i City of Brooklyn Center Phone: 763 -569 -3300 6301 Shingle Creek Parkway TTYlVoice711 Brooklyn Center, MN 55430-2199 Fax 763 -569 -3494 www. cityothrooklyncenter org Rental License Mitigation Plan (Type N License) Handwritten plans will not be accepted Please type or use fellable form on City website Pro `` e Address { P TtY z 8257 HumtzoldfAve N Owriei Name, - galeem Raza : Local Agent r. ; Owner Address' !' Agent Address s z 9Q2 Hyiand GT,.Eagan, MN 55123,. Owner Phone. AgentPhone 952 484 4213 ' , Owner Email: L A ent Bma�l " FSMUS 4 @Gmailcom g y r ? The above referenced property qualifies for a Type IV Rental License. A Mitigation Plan must be completed and reviewed by City staff before the rental license application can be considered for approval by City Council. A Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall con ions of the ro ert g AM 0.6 kww Submit the following documents with the Mitigation Plan for approval. �✓ 1. Crime Free Housing Program Training Certificate 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Signed & Completed Mitigation Plan 4. Security Assessment Report (Performed by the Brooklyn Center Police Department) 5. .Submit written report by 10 of � ea c h month (after license approval). Phase 1. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 09/14/2010 Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Completed: 0 y 22 20 // Improvements to be completed by. Page 1 Type IV Mitigation Plan 1 -11 Phase III I will attend a minim of 50% of the ARM meetings (four). I will attend the ARM meetings scheduled for: Oq /os/2n11 & _ '511 - IL1 I will have no repeat code violations previously documented within the past year. For properties with four or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Seehttnop Terzu�Ca .,eta rovemenlls, .R�..�n... ,_. Date Last Replaced Future Replacement Date Furnace /AC 01/01/2005 Water Heater oV0112005 Kitchen Appliances 01/01/2005 04/2512011 Laundry Appliances Exterior - Paint /Siding 01/01/2015 - Windows 01/01/2015 -Roof 01i0112020 -Fence 01101 /2005 -Shed - Garage 01101/2015 - Driveway 01101/2005 - Sidewalks 0110112005 Smoke Alarms & Carbon Monoxide Alarms 01 /0112008 01/01/2015 Other: ;Sh n b Ste sto Im rove lT�t, went `and " nd>tio s o` Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: Check in with tenants every 30 days. Drive by property to check for violations twice a month. . �J Evict tenants in violation of the lease and all addendums. Provide lawn/snow service. = Provide garbage service. Install security system. =Provide maintenance service plan for appliances. Name of service company: I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. Other: If the Type N Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. Nd later than the I& of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. Page 2 Type IV Mitigation Plan 1 -11 I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result. Oa1ry— Naol caner or Agent Signature / Title Date Additional Owner or Agent Signature / Title Date (If applicable) .) c erg y Police Department / Title Date Building &Community Standards Department / Title Date Page 3 Type IV Mitigation Plan 1 -11 City g Council Agenda Item No. 10d r COUNCIL ITEM MEMORANDUM DATE: May 9, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk AqAA(* SUBJECT: Type IV 6 -Month Provisional Rental License for 5636 Irving Ave N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month Provisional Rental License and mitigation plan for 5636 Irving Ave N. If the Council chooses to not issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a renewal rental license. This property qualifies for a Type IV provisional rental license based on 13 property code violations found during the initial rental license inspection and zero validated police incidents /nuisance calls for the past 12 months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase 1, II, and III of the ® Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 01 -24 -2011 Bruce Goldberg applied for renewal of the rental dwelling license for 5636 Irving Ave N, a single - family residential property. 03/11/2011 Initial rental inspection scheduled and Owner was not able to attend, inspection rescheduled. 03/22/2011 Second rental inspection conducted (13 orders were cited — please see attached rental criteria). 03/30/2011 Third inspection noted orders completed. 04/06/2011 Letter to owners notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 04/25/2011 Mitigation Plan finalized. If approved, after six months, a new rental license will be required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police Mission: Ensuring an attractive, clean, safe conununity that enhances the quality of life tend preserves the public trust COUNCIL ITEM MEMORANDUM calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and /or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and /or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and /or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and /or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe community that enhances the quali07 of life and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. g The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe community that enhances the qualio of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than t.5 Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 3+ units ` Greater than 1.5 but not more than .3 Type IV — 6 Months 1 -2 units Greater than 8 3+ units Greater than .3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit /Year) No Category 1 -2 0 -1 Impact 3 -4 units 5 or more units 0-0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 -4 units Greater than 0`;25 but not'inore than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 -4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM a Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust i City of Brooklyn Center Phone: 763 569 - 3300 6301 Shingle Creek Parkway TTYIVoice 711 Brooklyn Center, MN 55430 -2199 F ?t: 763-569 -3494 v w ` rnfbrooftl neon t er. 4 W A . C/ C. ��' rl Y _ n Rental License Mitigation Plan (Type IV License) Hanrhvrittett t lans will not be accepted. Please e or use tllable 1 � type f orm on City website. � Property Address: 5636 Irving Ave North, Brooklyn Center, MN 55430 Owner Name: BAG .Properties, LLC Local Agent: Bruce A. Goldberg Owner Address: Agent Address: 1166 Vierling Drive #140, Shakopee, MN 55379 1160 Vierling Drive #140, Shakopee MN 55379 Owner Phone: Age 763.227.5819 nt Phone: 763.227.5819 Owner Email: b_goldberg3@comcast.net Agent Email: b goldberg3 @comcast.net The above referenced property qualifies for a Type IV Rental License. A Mitigation Plan must be completed and reviewed by City staff before the rental license application can be considered for approval by City Council. A Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions of the property. .Section A;L R*ired Documents Submit the following documents with the Mitigation Plan for approval: 1. Crime Free Housing Program Training Certificate 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Signed & Completed Mitigation Plan 4. Security Assessment Report (Performed by the Brooklyn Center Police Department) 5. Submit written report by 10 "' of each month (after license approval). Section B,--. Crime Free Housin Pro ram Requirements'... Phase I 1. Use written lease including Crime Free Housing Lease Addendum.. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 03 /2312011 Date Course Scheduled: Phase 11 Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Completed: - Im rovements to be completed by: 04/23/2011 Vi V � Pa l'; i. Type IV Mitigation Plan I -I I Phase III I will attend a minimum of 50% of the ARM meetings (four). I will attend the ARM meetings scheduled for: ng11 l & 0711412011 — & 0 I will have no repeat code violations previously documented within the past year, i For, properties fvith four or more malts. I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Section C — Lon Term 0 ital Im rovements -Plan = _ Date Last Replaced Future Replacement ement Date Furnace /AC Z o2. Water }seater 0 1 Kitchen Appliances 2_01 D 2 O LO Laundry A liances N (A- Exterior Paint/Siding V2.ry l y z VZ I - Windows L 2> b 1 l Lal Z 0 *Roof � I -Fence 1 -Shed VIA - Garage 7-0 l 4 2 b Z - Driveway z 0 Z 1 Sidewalks Smoke Alarms & Carbon Monoxide Alarms 4-1 6 p Other: Section D — Ste s to Im rove Mana ement and Conditions,of Pro er Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: 0 Check in with tenants every 30 days. Drive by property to check for violations twice a month. Evict tenants in violation of the lease and all addendums. Provide lawn /snow service. Provide garbage service. Install security system. [Provide maintenance service plan for appliances. Name of service company: �✓ ] I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 0 Other: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 of each calendar month, the licensee must submit to the Building and Community Standards Department a written repots describing all steps taken to comply with the Mitigation Plan. Page 2 Type IV Mitigation Plan I -I I i I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result. 4 - 1 l�z 1 Owner or Agent Signature / Title Date Additional Owner or Agent Signature / Title Date (If applicable) r Police Department/ Title Date Buildi g & Community Standards Department /Title Ibate Page 3 Type IV Mitigation Plan 1 -11 • AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 9, 2011 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. Designating City Commission to Provide Review and Input on the Watershed Management Plan 2. Update on Planning Commission Applications for Shingle Creek Crossing PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Progress Reports on Achievement of Strategic Goals 2. School District Discussions /BC Strategic Plan Report 3. All City Open House 4. Sister City Update 5. Neighborhood Designations 6. Active Living Program 7. Graduated Sanitary Utility Rate Study 8. Garbage Hauler Organized Collection Update 9. Financial Commission Report — Utility Collection 10. Youth Participation Request 11. Highway 252 Update — June 2011 12. Annual Department Year End Reports • Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION • DATE: May 5, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer 5J SUBJECT: Designating Y natin City Commission to Provide Review and Input on the Watershed Management Plan Recommendation: It is recommended that the City Council consider providing direction to staff regarding designation of a City Commission to provide review and input on the Watershed Management g Y P p g Plan for the Shingle Creek and West Mississippi Watershed Management Commissions. Background: The Shingle Creek and West Mississippi Watershed Management Commissions are currently developing their Third Generation Watershed Management Plan (please see the attached letter for background information). As part of the stakeholder and public input process, the watershed commission is requesting that each member City designate and task one of its existing advisory commissions to participate and provide review and input at key steps during the development of the plan. The watershed has planned approximately three input opportunities prior to approving the final draft of the plan. It is suggested that the input process be incorporated into the advisory • commission's regular meeting schedule. Policy Issues: Does the City Council desire to designate one of the City's advisory commissions to provide review and input on the watershed management plan? Which commission does the City Council desire to designate as the City's representative? Council Goals: Strategic: 6. We will respond to increased public awareness and interest in environmental sustainability and green community issues Ongoing: 6. We will ensure the City drinking water is high quality and that the storm water is properly managed Afission: Ensurin; an attractive, clean, safe community that enhances the quality of life and preserves the public trust ,•,� L-1, Shlnu - 4 reek w atershed Management Commission I � • rsstss' � 1 21ljrter4e< tZ' /u,tiucjcn,e „ C ri:,i„lssle. 3235 Fernbrook Lane N • Plymouth, MN 554 Tel: 763.553.1144 • Fax: 763.553.9326 Email: iudie(@'ass.biz • Website: www,shinglecreek.org April 22, 2011 City Managers via USPS City Clerks via USPS Technical Advisory Committee Members via email Member Cities Shingle Creek/West Mississippi Watershed Management Commissions Hennepin County, Minnesota Gentlemen and Ladies: The Shingle Creek and West Mississippi Watershed Management Commissions have initiated development of their joint Third Generation Watershed Management Plan. State statute requires that watershed plans be updated at a minimum of every ten years and the Commissions' joint Second Generation Watershed Management Plan expires at the end of 2012. Our goal is to have a draft of the plan completed by the end of • 2011 for city, agency, and public review in 2012. .The watershed planning process is governed by state statute and rule. The state agency responsible for planning oversight is the Board of Water and Soil Resources (BWSR). BWSR and state regulations require that this planning process be completed in an open manner, with robust opportunities for public input. As joint powers organizations, it is essential that city technical and management staff and City Councils participate in the planning process as well. This will result in a plan to meet both regulatory and member city needs in a cost - effective manner. To that end, the Commissions, with BWSR approval, have developed a public input process. This letter provides an overview of the process and requests some actions from you as follows: 1. Instead of establishing a separate watershed -wide Citizens Advisory Committee specifically for this plan, we think it would be more efficient and provide for a broader representation of views if each City charges one of its existing citizen advisory commissions to provide review and input at key steps along the way. City staff and/or watershed commissioners will facilitate discussion, and the Commissions will provide presentation and handout materials for city use. It is expected that this input would be requested at least three times: early in the plan development; midway as the implementation and education and outreach plans are being developed; and prior to approving the final draft of the plan. Ifpossible, this inputprocess can be incorporated into the advisory commission's regular meeting schedule. The Commissions request that each city designate a citizens advisory commission to provide review and input on the watershed management plan. Please provide the Commissions' administrator, Judie Anderson, with the name of the commission, a schedule of their regular • meetings for the balance of 2011, and the appropriate contact person. We'd like that first meeting to occur by the end of May 2011. Brooklyn Center • Brooklyn Park • Champlin • Crystal • Maple Grove • Minneapolis • New Hope • Osseo • Plymouth • Robbinsdale April 22, 2011 Page 2 • 2. This summer the Shingle Creek Commission will host a Lake Association Summit to obtain review and input from Lakeshore property owners. More information will be forthcoming as the summit is organized. 3. City managers and their staff will be invited to participate in a forum midway through the planning process, approximately June or July 2011, to discuss goals, policies, and financing: Additional meetings may be scheduled as the group desires. Judie Anderson will be in contact with City Managers' offices to check calendars. 4. Presentations and handouts will be posted on the Commissions' website and the public will be encouraged to submit comments. We will be creating a Management Plan page on the www.shinglecreek.org website and will ask that each member city provide a link to that page on its website. 5. Periodic ,short news updates will be submitted to cities for their use on websites and in city newsletters and to the local press. These will be available on the Commissions' website and cities are free to use them in whatever way works for them. Please be sure that Judie Anderson has up to date contact emails so this information gets to the right person. 6. We will be using the free online tool Survey Monkey to periodically obtain public input at the beginning, middle, and end of the planning process. Questions will focus on identifying issues, evaluating and providing input on management goals, and prioritizing potential actions. • We will ask that as each survey comes out you post its availability on your city's website and encourage the general public and the City Council, city staff, and advisory commission members to respond to the surveys. 7. As part of a larger, ongoing effort to increase awareness of the watershed commissions and the projects the cities are undertaking, we will be working with local cable TV and the cities to prepare short videos highlighting construction projects, monitoring, and other topics of interest. These will be available on YouTube, with links posted on the Commissions' website. Again, we would ask that you post information about the videos and links on your websites. Thank you for your time and attention. We look forward to working with you this year on the Third Generation Watershed Management Plan. If you have any questions please feel free to contact Judie Anderson, the Commissions' administrator, at Judie( jass.biz or 763 - 553 -1144. Sincerely, y' Tina Carstens, Chair Brooklyn Park Representative Cc: Commissioners / via email • ZAShingle Creek\ManagementPlan\Third Generation Plan\L- cities re public input rocess.doc P P P Work Session Agenda Item No. 2 MEMORANDUM - COUNCIL WORK SESSION • DATE: May 3, 2011 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development " 4-- SUBJECT: Update on the Planning Applications for the Shingle Creek Crossing Planned Unit Development and Platting of the Brookdale Properties. Recommendation: The purpose of this work session item is to inform the City Council on the status of the Planning Applications associated with the redevelopment of Brookdale Mall properties and to provide an opportunity for City Council review and discussion on the revised PUD Plans, Preliminary Plat. of Shingle Creek Crossing, and the proposed schedule for the Final Plat, PUD Agreement, Subdivision Agreement, and Tax Increment Agreement Development. Staff will be provide a PowerPoint presentation on the background of the Shingle Creek Crossing Development and the April 26, 2011 Planning Commission's recommendations that are now scheduled for the May 23 City Council Meeting. Background: On April 26, 2011, the Planning ommission conducted public hearings on the revised Shingle g p g g Creek Crossing Preliminary Plat and a new Planned Unit Development for the redevelopment of all of the Brookdale properties, with the exception of the Sears parcel. The Planning Commission unanimously moved to recommend approval of the Preliminary Plat of Shingle Creek Crossing (Planning Commission Resolution No. 2011- 06) and a new Planned Unit Development for the Shingle Creek Crossing Development (Planning Commission Resolution 2011 -07). These Planning Commission items were scheduled for the May 9 th City Council Meeting; however, the developer has requested that Council consideration be postponed until the May 23 City Council Meeting, to allow additional time for Gatlin Development and Sears to complete their agreement on the proposed redevelopment of the Brookdale Mall properties. Attached for your reference are copies of the April 28, 2011 Planning Commission Minutes, Planning Commission Resolutions, and the Planning reports. In addition to these two planning applications, the following Shingle Creek Development items and agreements have been planned to be on the May 23 City Council Meeting: - A public hearing has been scheduled to vacate old and unnecessary easements on the • former Brookdale Mall properties. - The Final Plat of Shingle Creek Crossing and related Subdivision Agreement. _ilission: Ensuring an attractive, clean, safe conrrnunity that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION A revised PUD Agreement ( format following the March 14 City Council action on • a previous PUD application). A Tax Increment Agreement (as directed by the City Council on January 24, 2011 and discussed at the February 28, 2011 Council Work Session). Completion of these items will enable the Developer to close with Capmark Financial on the acquisition of the Brookdale Mall properties, close on the Midas property, complete their financing arrangements, and proceed with the demolition of the Macy's and portions of the Mall during the month of June. Construction of the Wa1Mart Site and first phase improvements are then scheduled to start immediately upon completion of the site demolition (estimated at 6 -8 weeks). Policy Issues: Does the City Council wish to have additional information prepared for their consideration of the Shingle Creek Crossing Preliminary Plat, Final Plat, and /or the Planned Unit Development? Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans • Alission: Ensuring an attractive, dean, safe community that enhances the qualify of life and preserves the public trust . MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION April 28, 2011 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:07 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Rachel Morey, and Stephen Schonning were present. Also present were Council members Carol Kleven and Dan Ryan, Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass.. Commissioner Stan Leino, Carlos Morgan and Michael Parks were absent and excused. APPROVAL OF MINUTES — MARCH 31, 2011 There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to approve the minutes of the March 31, 2011 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2011 -008 — LOREN VAN DER SLIK FOR GATLIN DEVELOPMENT COMPANY, INC. Chair Rahn introduced Application No. 2011 -008, a request from Loren Van Der Slik for Gatlin Development Company, Inc., for Preliminary Plat Approval of Shingle Creek Crossing, which involves the replating of the Brookdale Mall properties, excluding the Sears parcel, into 19 lots and one outlot to facilitate the phased improvements and development of the Shingle Creek Crossing PUD. Mr. Eitel presented the staff report commenting on the background of the Planning Commission's reviews on the Shingle Creek Crossing Development concept, the provisions of the PUD ordinance, the 1999 Brookdale PUD agreement and prior public hearings scheduled to consider this redevelopment. Mr. Eitel further explained the following changes to the Preliminary Plat presented at the march 17 public hearing: -Midas and Kohl's properties have been included in the plat. • 4 -28 -11 Page 1 -The developer has chosen to plat all of the lots identified in the Shingle Creek Crossing • PUD at this time vs. a phased approach and that the Preliminary Plat would be reviewed first this evening followed by the PUD presentation. Mr. Eitel described how the replatting of the property creates 19 new marketable parcels and illustrated several proposed easements to be included in the replatting of the property. He indicated that a letter dated April 27, 2011 had been received from Sear's attorney, Hinshaw and Culbertson, requesting that the Commission delay any actions on these applications pending resolution of Sear's concerns and issues with the redevelopment of Brookdale Mall properties and that a copy of their letter is included in the minutes of this meeting. Chair Rahn asked about the comments related to the closing of the curb cut along Bass Lake Road that serves Kohl's as well as the box culverts within the county ditch along Shingle Creek. Mr. Eitel responded that there had been several conversations with the applicant regarding these issues and that the applicant has indicated they will close that entrance once Kohl's lease expires and after they have the authority to do so. Mr. Eitel added that the City has been working with Hennepin County on completing a study involving a full day- lighting concept of Shingle Creek. The concept involves the acquisition of land from the developer and a financial strategy to fund the improvements beyond the costs of the proposed partial day- lighting of the creek. The concept will be presented to the City Council for direction on a financial strategy and working with the developer on a plan amendment that could be considered as a Phase II modification PUBLIC HEARING — APPLICATION NO. 2011 -008 There was a motion by Commissioner Morey, seconded by Commissioner Schonning, to open the public hearing on Application No. 2011 -008, at 7:25 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Frank Gatlin, Gatlin Development Company introduced himself to the Commission. Commissioner Schonning commented that he felt that the new plat, with the Midas parcel now included, looked like a much better plan than the one previously presented to the Commission. Mr. Gatlin expressed that he is close to wrapping up an agreement with Sears and incorporating them in the development plans. He added that they are also at a point where they need to wrap things up with the lender and the seller in order to move forward. He further explained that they, have positioned the site so that the front of Sears can be seen from the Walmart entrance and they have added Sears to the signs on the site. Mr. Gatlin stated that they would like to keep Sears on site and have them continue to be a tenant on the site. He added that they hope to have a document executed soon with Sears that includes them in the plans and they hope for demolition to begin in June or July on the rest of the buildings. • 4- 28 -11. Page 2 No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -008. CLOSE PUBLIC HEARING There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to close the public hearing on Application No. 2011 -008, at 7:30 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2011 -06 There was a motion by Commissioner Kuykendall, seconded by Commissioner Morey, to adopt Planning Commission Resolution No. 2011 -06 recommending Preliminary Plat approval of Shingle Creek Crossing. Voting in favor: Chair Rahn, Commissioners Kuykendall, Morey and Schonning And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Planning Commission Resolution 2011 -06 is made part of these minutes by attachment. The Council will consider the application at its May 9, 2011 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 2011-009 — LOREN VAN DER SLIK FOR GATLIN DEVELOPMENT COMPANY, INC. Chair Rahn introduced Application No. 2011 -009, a request from Loren Van Der Slik for Gatlin Development Company, Inc., for a Planned Unit Development of the Brookdale Mall redevelopment to be known as Shingle Creek Crossing. Mr. Benetti presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 4 -28 -11 for Application No. 2011 -009 and the Director of Public Works memos dated 4- 25 -11, attached.) He stated that the applicant is seeking a Planned Unit Development proposal to allow the following changes to the original Brookdale redevelopment plan that includes Walmart as a major anchor: 1. The demolition of approximately 760,000 sq. ft. of the mall including the former JC Penney's, Mervyn's, Macy's and Midas stores. 2. The renovation of approximately 123,242 sq. ft. of the mall located north of Sears with architectural changes to provide exterior identity and access while maintaining an indoor mall component. • 3. The planned development of a 402,489 sq. ft. community shopping center /town center that 4 -28 -11 Page 3 includes a major anchor retailer with groceries, three junior box retailers, six restaurant pad • sites, and four multi- tenant retail /service buildings. 4. The day - lighting of Shingle Creek and enhancements to on -site storm water management, landscaping and lighting. Mr. Benetti described the background and history of the Planning Commission's review of the redevelopment of the Brookdale Mall site to include the following: On February 17, 2011, the Planning Commission conducted a public hearing on Planning Commission Application No. 2011 -003 submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, for a Planned Unit Development Amendment to the Brookdale C- 2/PUD, to be known as Shingle Creek Crossing. At that time the Commission directed the preparation of a resolution approving the proposed amendment with the appropriate findings and conditions. The resolution was intended to be presented at the March 3, 2011 meeting, however, due to a lack of quorum this item was postponed until a special meeting on March 10, 2011. At said meeting, the Planning Commission unanimously adopted a resolution recommending approval of the application for a Planned Unit Development Amendment to the 1999 Brookdale C -2 /PUD, (Planning Commission Application No. 2011 -003). On March 14, 2011, the City Council accepted the Planning Commission recommendation and authorized the City Attorney to prepare the resolution and PUD development agreement for Application No. 2011 -03 submitted by Loren Van Der Slik for PUD Amendment approval to the Brookdale C- 2/PUD. On March 17, 2011, the Planning Commission reviewed Application No. 2011 -004 the Preliminary Plat for Shingle Creek Crossing, which would replat the existing Brookdale properties into four lots and two outlots to facilitate Phase I of the Shingle Creek Crossing PUD. This plat would exclude the existing Sears, Midas and Kohl's parcels. The Planning Commission also reviewed said Phase I development plan consisting primarily of the Walmart store development, access roads, walkways, streetscaping and lighting, along with the Architectural Design Guidelines that would govern this PUD site. The public hearing on the plat was opened and closed (without any public comments), and a secondary motion made to table this plat to the March 31, 2011 meeting to allow city staff to address a number of concerns with the applicant. The Architectural Guidelines and Phase I items were provided under a "general presentation" by the applicant, with minimal recommendations or concerns raised by the Planning Commission. On March 22, 2011, representatives from Gatlin Development (Developer) Capmark Financial (property owners), Sears and city staff met to discuss on -going issues related to the site. The Developer agreed to postpone the March 31, 2011 Planning Commission meeting for final review of the Preliminary Plat of Shingle Creek Crossing. Subsequent to this meeting, the Developer informed staff that the Midas parcel was secured for acquisition and would now be included in the PUD and plat. The Developer further agreed to withdraw the original Planning . 4 -28 -11 Page 4 . Commission Application No. 2011 -03 (PUD Amendment), No. 2011 -004 (Preliminary Plat) and No. 2011 -005 (Site and Building Plan). At the March 31, 2011 Planning Commission meeting, staff informed the Commission that the applications noted above have been officially withdrawn by the Applicant /Developer. Mr. Benetti described the proposed revisions to the Planned Unit Development and Site and Building plan as indicated on the plans. Benetti pointed out that each lot/building site identifies the maximum building size allowed under this PUD plan, along with specific parking areas to accommodate typical retail uses or the restaurant uses. Benetti also discussed the Architectural Design Standards and Guidelines that would gov ern this site a , particularly y Class I and Class II materials as recommended by city planning staff in the April 28, 2011 Planning Information Sheet. These classes of materials are separated out in 50% and 25% thresholds that would be applied to each respective building. Mr. Benetti added that there are additional issues related to pp p g the final plans that staff anticipates they will work out with the applicant through future discussions. Benetti added that the site and building plans being reviewed under this planning application are referenced to the proposed Walmart facility and their related improvements, plus the Phase I improvements. Commissioner Kuykendall asked for clarification about the walkway near the Midas site. Mr. Benetti responded that the east -west road between Walmart and Midas contains a lot of openings with a disconnect that doesn't complete or connect the walkway system as shown in other places on the site. They have encouraged the applicant to look at the plan further to create a safer environment for all walkways on the site that connects one pedestrian area to another. Commissioner Morey asked about comments made about further landscaping on the Walmart site, specifically the parking areas. Mr. Benetti responded that the cart corrals are spaced openly on the site which provides adequate parking for the Walmart site and if they removed a few parking spaces, the could add additional landscaping p g P � Y p g on the site. Benetti recommended that only the westerly 7 -8 rows of double- parking be considered for this added landscaping. Commissioner Kuykendall stated CUB put in anti -lock mechanism so carts could not be Y removed from the site. She asked how they will keep carts on the site so they don't end up off site. Mr. Benetti stated that Walmart representatives or consultants are available tonight to answer that question. PUBLIC HEARING — APPLICATION NO. 2011 -008 There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to open the public hearing on Application No. 2011 -008 at 8:05 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. • Commissioner Kykendall asked for her questions to be responded to by the applicant. 4 -28 -11 Page 5 Mr. Will Matzek, Kimley Horn and Associates, stated that the walkway is situated such that • traffic is directed to the store fronts. He stated that they have had conversations with staff and will work on an acceptable plan. Commissioner Kuykendall stated that she feels that people will walk in the area referenced even if appropriate pathways are not there and she would encourage the applicant to look at that further. Mr. Matzek responded that they prefer to keep pedestrian along the store fronts but will consider changing that on the plan if the Commission desires such a change. Ms. Jackie Cook - Haxby, SAIC Architects, stated that the carts are not kept outside but in the entrances with cart corrals on either side of the building as well as in the parking lot. The theory is that most people will return the carts and if not, staff goes out and returns the carts. Commissioner Kuykendall stated that she would like Walmart to be pro- active in making sure the carts do not end up all over the city like carts from other retail stores around the city. No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -008. CLOSE PUBLIC HEARING • There was a motion by Commissioner Morey, seconded by Commissioner Kuykendall, to close the public hearing on Application No. 2011 -008 at 8:1 1p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners indicated no objections to moving this application on to consideration of approval. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2011-07 There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to recommend to the City Council that it approve Planning Commission Resolution No. 2011 -07 regarding the recommended disposition of Planning Commission Application No. 2011 -009, submitted by Loren Van Der Slik for Gatlin Development Company Co, Inc. Voting in favor: Chair Rahn, Commissioners Kuykendall, Morey and Schonning And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Planning Commission Resolution 2011 -07 is made part of these minutes by attachment. • 4 -28 -11 Page 6 The Council will consider the application at its May 9, 2011 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: Luther Automotive Group — Review of updates to Planning Commission Application No. 2008 - 005 (Luther Brookdale Honda & Luther Toyota City Dealerships) 6700 and 6800 Brooklyn Boulevard The Luther Company is requesting preliminary review and input to their previously approved Planning Application No. 2008 -005, which rezoned the easterly side of Brooklyn Boulevard between I -94 and 69 Avenue North, addressed as 6700 and 6800 Brooklyn Boulevard from C -2 (Commerce) and R -3 (Multiple Family Residence) to PUD /C -2 (Planned Unit Development/ Commerce). The application also considered the approval of a site /building plan for the new Luther Brookdale Honda dealership and the new Luther Toyota City dealership. Mr. Benetti stated that this item is being presented unofficially at this time in order to provide an update to the Planning Commission and is not being considered or reviewed under any official public hearing process. Mr. Benetti added that staff does not have any issues with this proposal since the minor modifications do not affect previous approvals. Mr. Eitel added that the final plat of the property needs to be completed. Mr. Benetti added that if the Commission chooses to do so, staff will direct the Luther group to re- submit an official Site and Building plan application which will present and consider these revisions. This matter is intended to be presented to the Planning Commission under formal application consideration at the May 26, 2011 regular meeting. Mr. Eitel stated that since approval for this development was granted in 2008, it seems appropriate to send out notices again to surrounding property owners as if there were a public hearing to notify residents. There was a motion by Commissioner Morey, and seconded by Commissioner Schonning, to recognize the consistency of the previously alproved Planning Commission Application No. 2008 -005 and further review the final site plan for review and approval at the May 26, 2011 Planning Commission meeting. Voting in favor: Chair Rahn, Commissioners Kuykendall, Morey, and Schonning The motion passed unanimously. OTHER BUSINESS: There was no other business. ADJOURNMENT There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:32 p.m. 4 -28 -11 Page 7 Chair Recorded and transcribed by: Rebecca Crass I 4 -28 -11 Page 8 HINSHAW & C U L B E R T S O N L L P ATTORNEYS AT LAW April 27, 2011 333 South Seventh Street Suite 2000 Minneapolis, MN 55402 -2431 VIA E -MAIL AND HAND- DELIVERY 612- 333 -3434 612- 334 -8888 (fax) www.hinshawlaw.com FILE NO, 64444 - 879479 Mr. Curt Boganey Charles L. Lefevere, Esq. City Manager City Attorney City of Brooklyn Center City of Brooklyn Center 6301 Shingle Creek Parkway c/o Kennedy & Graven Chartered Brooklyn Center, Minnesota 55430 -2199 200 S. Sixth Street, Suite #470 Minneapolis, Minnesota 55402 -1458 Mr. Gary Eitel Director of Business and Development City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 -2199 Re: Proposed Redevelopment of Brookdale Center by Gatlin Development Company, Inc. Gentlemen: As you know, our firm represents Sears Roebuck & Co. ("Sears ") with respect to its interest in the above - referenced matter. This letter is written at the request, and on behalf, of Sears. Sears understands that this matter is being brought before the Planning Commission again on April 28. While Sears has worked in good faith to reach an agreement with the City, the Applicant real estate developer and Mall owner in order to enable Sears to grant its required consent to the proposed redevelopment, and discussions related to such agreement are continuing, no such agreement has been reached and Sears' consent has not been provided. As a result, unless and until such agreement is reached and Sears provides its consent, Sears must continue its objections to the proposed redevelopment. ' We previously wrote to you regarding the proposed redevelopment of Brookdale Center by real estate developer 12127965lv2 64444 Arizona California Florida Illinois Indiana Massachusetts Minnesota Missouri New York Oregon Rhode Island Wisconsin Mr. Curt Boganey Mr. Gary Eitel Charles L. Lefevere, Esq. April 27, 2011 Page 2 Sears again respectfully requests: • a delay in any action on the proposed redevelopment so. that all pending issues and related applications, as well as a comprehensive Development Agreement, can be identified, addressed, resolved and acted upon in a unified manner at one time • that City Staff be directed to include Sears' proposed Conditions of Approval, the most recent draft of which is enclosed, in any proposed Resolution approving any aspect of the proposed redevelopment presented to the Planning Commission or City Council and, as to any Conditions not included, City Staff be directed to provide the Planning Commission and City Council with an explanation for their exclusion • that the City Staff be directed to comply with all requirements of the 1999 Declaration and the City's Zoning Ordinance in responding to and recommending actions with respect to the proposed redevelopment Finally, we request that a copy of this letter be given to each of the members of the Planning Commission and be included in the official Minutes of the Planning Commission meeting. Verb o , ' HINSH & BERTSON LLP L Rot an 1 12 -334 675 lrotr}a @hinshawlaw.com LJR/rep tj Enclosures — Conditions of Approval Gatlin Development Company, Inc. in letters dated February 17, 2011, March 1, 2011, March 14, 2011, March 22, and March 28, 2011. Those letters are incorporated by reference. 121279651v2 64444 Mr. Curt Boganey Mr. Gary Eitel Charles L. Lefevere, Esq. April 27, 2011 Page 3 cc: (w /enclosure; via e- mail): Ms. Sherry Devoe Mr, Ron Rozanski Elizabeth Williams, Esq. Thomas J. Radio, Esq. Thomas P. Kane, Esq. Mr. Frank Gatlin Chad Williard, Esq. Thomas Bray, Esq. Peter Clark, Esq. 121279651v2 64444 FOR DISCUSSION PURPOSES ONLY Conditions Of Approval (April 20, 2011) Gatlin and Sears, with the consent of Capmark (unless Gatlin has closed on its purchase) and the City (unless the City imposes Conditions to protect Sears) [OPEN: and the agreement of the City to the matters set forth in Section 0.7 below], shall enter into an Agreement to address the following (the "Agreement "): A. Alterations to Proposed Site Plan 1. Gatlin shall demolish the approximately 4,000 square foot portion of the Mall attached to the East side of the Sears Department Store building and restore the portion of the building's exterior that is exposed as a result of the demolition to a condition compatible to the remaining portion of the Sears Department Store building's exterior in accordance with plans attached to the Agreement as an Exhibit. 2. Gatlin shall construct a new prominent exterior entrance to the Sears Department Store building and related improvements, including signage, an outdoor patio /seating area and sidewalk adjacent to the Sears Department Store building and the Food Court Building, to replace the existing entrance from the Sears Department Store building to the Mall in accordance with Exhibit _ attached [Depicting the Combined Entrance] and with plans attached to the Agreement as an Exhibit. In the event that, with Sears' consent, Gatlin initially constructs the new Sears entrance in a manner where it is combined with the entrance to the Food Court Building, at such time as Gatlin is obligated to remove (or otherwise removes) the encroaching Food Court Building, Gatlin shall construct a new, separate prominent exterior entrance to the Sears Department Store building and related improvements at such location and in such manner as Sears shall direct (or with Sears' approval, appropriately modify a new combined Food Court Building/Sears entrance and grant Sears a permanent, exclusive, perpetual, royalty free easement to use, maintain, repair and replace the same). 3. Gatlin shall construct the proposed "N" building lying nearest the proposed Walmart parking lot in accordance with a Site Plan attached as Exhibit _ and attached to the Agreement as an Exhibit. "Outlot A" depicted on that Site Plan shall be subject to a restriction to insure that it is primarily dedicated for storm water use and that no building may be constructed thereon. ' These Conditions of Approval are subject to modification by Sears upon further review of documents submitted or to be submitted by Gatlin or prepared or to be prepared by the City, Subject to that review, Sears reserves the right . to supplement or modify these Conditions of Approval. 1 3726737v7 121279817v6 0879479 64444 FOR DISCUSSION PURPOSES ONLY B. Improvements to Sears Property to Mirror Those to Proposed Redevelopment i 1. Gatlin shall demolish and remove the loading dock screen wall and foundation and patch, restore the disturbed pavement and raise the elevation of its adjacent property to match the grade of the Sears Department Store building dock area. 2. Gatlin shall loop the water main(s) serving the Sears buildings with the remainder of the site's water mains. 3. Gatlin shall cause Xcel Energy to replace Sears' private electric system with a new electric system to be maintained by Xcel; this includes a new transformer on a pad located on the Sears property and the lines and hook up to Sears' gear in Sears' electric room. Sears shall be responsible to maintain, repair and replace the equipment comprising the new system which runs from (but not including) the transformer into its property. Except as set forth in the preceding sentence, Sears shall have no obligation to maintain, repair or replace the components of such new system. 4. Gatlin shall construct improvements to the Xerxes Avenue and 55th Avenue entrance consistent in quantity and quality as that which is proposed to be installed on Gatlin's property in accordance with plans attached to the Agreement as an Exhibit. 5. Gatlin shall provide new landscaping on the Sears parcel consistent in quantity and quality as that which is proposed to be installed on Gatlin's property in accordance with plans attached to the Agreement as an Exhibit. C. Construction Protections 1. Gatlin shall provide plans and specifications for work that it is obligated to perform on the Sears property or for Sears' benefit (e.g., the new Sears entrance,. the Xcel Energy work, and the "Phase I" Improvements other than the proposed Walmart Building) for Sears' approval prior to entering into the Agreement. Gatlin shall perform all work and other actions Gatlin is obligated to perform under these Conditions and the Agreement at Gatlin's sole cost and expense. The Agreement will obligate Gatlin to perform any work that Gatlin performs on the Sears property or for Sears' benefit in accordance with those plans and specifications, and any changes to those plans must be approved by Sears, such approval not to be unreasonably withheld, conditioned or delayed; in accordance with applicable laws; in a good and workmanlike manner; and on a lien -free basis. 2. The Agreement will: (a) obligate Gatlin to use all commercially reasonable efforts to protect Sears' operations and buildings during Gatlin's construction activities; (b) prohibit Gatlin from interfering with Sears' existing access to public roads at Xerxes and 55th Street during construction or blocking in any way any emergency . exits from the Sears buildings; (c) prohibit Gatlin from permitting any construction traffic or conducting any staging or other construction activities on 2 37267370 121279817v6 0879479 64444 FOR DISCUSSION PURPOSES ONLY the Sears property; (d) obligate Gatlin to take all commercially reasonable steps necessary to minimize disruptions, restrictions or blockages of or to the new entrance to the Sears Department Store building described in Section A.2., Sears loading docks or access to public roads from Sears property through the Mall entrance at Xerxes and 56th Street; (e) obligate Gatlin to provide signage to let customers know that Sears will remain open during construction and to provide temporary directional signage to Sears during construction; (f) obligate Gatlin to provide evidence of appropriate insurance and provide appropriate indemnification for damage to Sears property or third party claims for bodily injury, death or property damage arising out of Gatlin's performance of work done by Gatlin on Sears property; and (g) obligate Gatlin to use commercially reasonable efforts to avoid or minimize any utility service interruption and be responsible for any utility reconnections. 3. Gatlin shall provide information in all press releases regarding the proposed redevelopment that Sears will remain open during the redevelopment. 4. Gatlin shall construct all "Phase I" improvements depicted on the Site Plan approved by Sears in accordance with the City Development Agreement and the Agreement; provided, however, that Gatlin's obligation to construct the Walmart building, but not the related parking, driveways, sidewalks and other public areas, shall be suspended for so long as Walmart has no obligation to, and elects to not, construct its building, so long as Gatlin promptly demolishes the structures on such site, grades the site, and landscapes the site with a suitable ground cover, all in accordance with plans approved by Sears or if no such plans are prepared or approved, as directed by Sears, and thereafter maintain the same in a manner acceptable to Sears, until construction of the Walmart building occurs. D. Operating Protections 1. Gatlin will grant Sears the right to maintain signage in the second position on all pylon signs permitted on Gatlin's property' under the terms of Gatlin's PUD approvals at no cost or expense to Sears, except as provided in this Section. Gatlin will pay the pro rata share of the initial sign construction that is attributable to the Sears signage and the full cost of Sears' initial sign panels. Sears will pay its pro rata share of ongoing maintenance and utility costs associated with its signage (such pro rata share to be based on the area of the sign panels located on such signage) and the cost of any replacement sign panels. 2. The Agreement will grant: (a) Sears, the right to use all driveways, ring roads, and sidewalks located on Gatlin's property, as the same may be relocated from time to time with Sears' consent, which shall be required only for any material relocation (e.g., one which has a material adverse impact on vehicular or pedestrian access to 2 For purposes of these Conditions, "Gatlin's property" shall mean and include all property at Brookdale Center, together with the Midas site, but excluding Sears property. 3 3726737v7 121279817v6 0879479 64444 FOR DISCUSSION PURPOSES ONLY the Sears' property or on the visibility of the improvement on the Sears' property or any directional signage to the Sears' property); (b) Sears, the right to park vehicles in parking areas located on Gatlin's property (inclusive of the Walmart parking lot depicted on the Site Plan approved by Sears and attached as an Exhibit to the Agreement), as the same may be reconfigured or relocated from time to time with Sears' consent (provided Sears' consent shall not be required with respect to the Walmart parking lot), which shall be required only for any material relocation; and (c) Gatlin, the right to use all driveways, ring roads and sidewalks located on Sears property, as the same may be relocated from time to time. [DISCUSS: Gatlin concern regarding access from the Walmart property to the Building "N" loading dock area]. There will be no cost sharing or reimbursement for costs of maintenance, repair or replacement associated with such rights. 3. The Agreement will grant Gatlin and Sears reciprocal easements over one another's property for existing drainage, including sheet drainage, but neither party shall have the right to increase the flow of storm water onto the other party's property. The Agreement will also create .reciprocal easements for all utilities including but not limited to gas, electric, telephone and water and shall grant the owner of the burdened property with relocation rights with respect to all such utility easements (such right, if exercised, to be at the cost of party exercising the same). The Agreement will expressly terminate any existing utility easements that will no longer be necessary following completion by Gatlin of the work required to be performed by it. 4. Gatlin shall provide directional signage on its property at the location identified on Exhibit _ attached and in accordance with plans attached to the Agreement as an Exhibit, all at no cost or expense to Sears. 5. Sears' consent shall be required to any material changes or alterations to the approved Site Plan or the improvements located therein as follows: • those improvements depicted on the attached Exhibit _ [Food Court Building and area outside of new Sears entrance into parking field and to Building "N" location] • those improvements which cause the proposed redevelopment to violate parking ratios, or which affect driveways, entrances, sidewalks and [DISCUSS: signage] other than as expressly permitted under Section D.2. 6. Gatlin's consent shall be required to any change or alteration to the Sears property or the improvements which may from time to time be located thereon if the effect thereof is that the Sears property, taking into account any other parking that it may have the legal right to use (exclusive of the parking rights granted under the Agreement), does not meet a parking ratio of 4.5 parking stalls per 1,000 square feet of gross leaseable area or such lower standard as the City may require (provided that the City allows such lower standard to also apply to the Gatlin property), such parking to be configured in any manner as Sears may determine. 4 3726737x7 121279817v6 0879479 64444 FOR DISCUSSION PURPOSES ONLY [DISCUSS: Gatlin concern regarding access from the Walmart property to the Building "N" loading dock area]. Gatlin shall not oppose any future development on the Sears property provided that as a result thereof the minimum parking ratio described above is maintained. 7. [OPEN] As part of any future development on the Sears property, the City shall extend the same benefits to the Sears property that it is extending to the Gatlin property and shall not impose on the Sears property any greater restrictions than it is imposing on the Gatlin property. The City shall not assess the Sears property for any public improvement made in connection with the redevelopment of the Gatlin property. 8. Gatlin shall be solely responsible for and pay any assessment against the Sears property for any public improvement made in connection with the redevelopment of the Gatlin property. E. Food Court Building 1. Prior to August 1, 2012, Gatlin shall either: (a) demolish the connection/corridor between the Sears Department Store building and Food Court Building, and shall rebuild and improve the areas, including the Sears Department Store building and its fagade and other directly affected areas, consistent with the development's other improvements, so that all affected buildings and properties comply with all applicable legal requirements (e.g., which can be imposed as a result of the items described in this Section E.1(a)) and so that the Food Court Building is set back at least ten feet from the Sears property line and that there is at least a 25 foot gap between the Sears Department Store building and the remaining Food Court Building, and shall add an improved Sears customer entrance (or with Sears' approval, appropriately modify a new combined Food Court Building/Sears entrance and grant Sears a permanent, exclusive, perpetual, royalty free easement to use, maintain, repair and replace the same), a pedestrian walkway located on the Food Court Building property and landscaping between the Sears Department Store building and the Food Court Building (collectively, the "Food Court Building Work "), or (b) come to a satisfactory binding written agreement with Sears regarding the encroachment of the Food Court Building onto the Sears property (the "New Food Court Building Agreement "). 2. [OPEN] Gatlin shall pay or cause to be paid upon demand all amounts due under the License and Easement Agreement dated January 26, 2001 (the "License Agreement ") prior to the date of the Agreement ($66,666.70 is due as of April 1, 2011). 3. The Agreement shall provide that: (a) Gatlin acknowledges that the Food Court Building encroaches onto the Sears property as depicted on Exhibit ! (the "Encroachment ") and that the Encroachment shall only be permitted to remain to 5 3726737v7 121279817v6 0879479 64444 FOR DISCUSSION PURPOSES ONLY the extent provided in the Agreement; (b) Gatlin shall maintain insurance benefitting Sears with respect to the Food Court Building with such coverages and in such amounts as Sears may from time to time request; (c) Gatlin shall indemnify, protect, defend and hold Sears harmless from and against any cost, expense, liability or claim related to the Encroachment; (d) Gatlin shall perform no work in the area of the Encroachment without the consent of Sears; (e) Gatlin shall be responsible to maintain the Food Court Building in good order and condition and shall make any necessary repairs. thereto, internal or exterior; (f) Gatlin shall not permit any portion of the Encroachment to be occupied or used for any purpose; (g) Gatlin shall comply with all legal requirements with respect to the area of the Encroachment; (h) without Sears' consent, Gatlin shall not allow the Food Court Building to be used for the uses or by the users identified on Exhibit attached; (i) Gatlin shall complete the Food Court Building Work within ninety (90) days of Sears request, as such period may be extended by the period of delay caused by weather related events beyond the reasonable control of Gatlin, which request, prior to August 1, 2012, Sears shall make only to the extent Sears elects to remodel, renovate, demolish or sell all or any portion of its buildings or property or in the event that the Food Court Building is materially damaged; and 0) in the event Gatlin fails to complete the Food Court Building Work in accordance with the Agreement, in addition to its other remedies, Sears shall have the remedies of injunctive relief, specific performance, and liquidated damages in the amount of $200,000, F. General 1. Gatlin shall satisfy all conditions recommended by City staff in their reports, including those by Business and Development Director Gary Eitel, dated February 16, 2011, and by Director of Public Works /City Engineer Steve Lillehaug, and Bruce Johnson, Engineering Supervisor, dated February 3, March 1 and March 15, 2011, except those which are set forth on an Exhibit to the Agreement. [Gatlin and Sears to review and discuss the next Staff Report], 2. Gatlin shall comply with all conditions the City imposes on the City's grant of Gatlin's PUD zoning, as the City may amend or modify those conditions from time to time. 3. Gatlin shall maintain a minimum parking ratio of 4.5 stalls per leasable square foot of p improved space within its property or such higher standard as the City may p require under the approvals giving rise to the proposed redevelopment, such parking to be configured as Gatlin may determine, subject to therights of Sears under Section D.5 hereof. 4. Gatlin shall provide Sears with evidence that all utility lines crossing over the Gatlin property to serve the Sears property are constructed within dedicated public rights of way or recorded easements. 6 3726737v7 121279817v6 0879479 64444 FOR DISCUSSION PURPOSES ONLY 5. Gatlin shall provide to Sears a current as -built survey of the Sears property. Following completion of its work, Gatlin shall provide Sears with an as built survey of the Sears property and the development depicting the location of all easements inuring to the benefit of Sears and any encroachments into such easements. 6. The Agreement shall contain the consent of Sears to the PUD zoning, the preliminary plat, the site plan and all other governmental approvals Gatlin is seeking from the City or other governmental entities in connection with proposed redevelopment, and the agreement of Sears to not thereafter threaten to commence or commence an action against the City, Gatlin or any purchaser from or tenant of Gatlin with respect to (a) the City granting or approving the PUD zoning, the preliminary plat, the site plan and other governmental approvals related to the proposed redevelopment; (b) the EDA's grant of certain Tax Increment Financing and other inducements to development as set forth in the Development Agreement and Purchase Agreement between the EDA and Gatlin; or (c) Gatlin's redevelopment of the Gatlin property in compliance with the above referenced governmental approvals. 7. Sears and Gatlin shall work cooperatively to expedite completion of the pending Proceedings Subsequent brought by Brookdale Mall HH, LLC. 8. The Agreement shall provide that the 1999 Amendment to the Operating Agreement and the License Agreement shall be terminated and of no further force and effect. 7 3726737v7 121279817v6 0879479 64444 LOGISMap Output Page Page 1 of I Y s ,,. -- — - . ",._.tl i,f ,i , 3+ �`"-..,, \t `.. - NO RTHWAY aR. �: •.+,° a �+ 'BROOKLYN CENTER TRAN.CTR � .... I ,,. COUNTY ROAD 10 ,r> ' - "``- _ 8AS5 LAKE R6 t � J` � I f ,r s I 1 �'! Q } /S AC it r r !�' �1.�" -. - ��; • s J :} � t,t .,. _- f i t e l f ` r y ` �'� l ` " . ti I i ti �r �l }} , _F Y St ,�Od te r` � �.ERIC�N DR e y C' { r � `/ 55TH AVE..N. l k�4 � ... u- t ,•`�,tp ''� ., .... Lion's Park - i 'tii -- 1n' ,!� Conte rbrook Golfcourse' - -- �� �S ___ .......... 1 gO ..__Far H AVE N �o i. ........ ........ ......... .. z y .' / /f I i CJ' ... _...._.... ;....._. md.�., z•: r>�i,.�tw,,aa..,, rre �,� S. Cn� _.._ LILAC PR N.. U Y'c ".fl L .......... _.. ..._..._........ �. Planning Commission Application No. 2011 -008 Preliminary Plat of Shingle Creek Crossing Application Filed on 4 -14 -11 . City Council Action Should Be Taken By 5 -23 -11 (60 Days) Planning Commission Information Sheet Application No. 2011 -008 Applicant: Loren Van Der Slik on behalf of Gatlin Development Company Location: Brookdale Mall Properties (Excluding Sears, Kohl's & Midas) Request: Preliminary Plat of Shingle Creek Crossing The Gatlin Development Company is requesting Preliminary Plat approval of Shingle Creek Crossing which involves the replating of the Brookdale Mall properties, excluding the Sears parcel, into 19 lots and one outlot to facilitate the phased improvements and development of the Shingle Creek Crossing PUD. Changes to the Preliminary Plat considered by the Planning Commission on March 17, 2011, include the addition of the Midas Site, the Kohl's site has been included and the platting of building sites for the complete development as illustrated in the Shingle Creek Crossing PUD plans. The following identifies the proposed lots, lot areas and uses as illustrated in the Shingle Creek Crossing PUD dated 4- 22 -11: Lot Area Proposed Use Proposed Building/ Parking Lot 1, Blockl 18.05 acres Walmart 181,943 sq.ft. /909 Lot 2, 2.27 Retail — Bldg "N" 21,515 sq.ft. /97 Lot 3 11.87 Renovated Mall 123,242 sq.ft. /554 Lot 4 0.87 Applebees 4,869sq.ft./54 Lot 5 0.70 Retail — Bldg. "J" 8,400 sq.ft./40 Lot 6 1.28 Restraurant — Bldg. "A" 8.500 sq.ft. /85 Lot 7 3.51 Retail — Bldg. "G" 45,000 sq.ft. /204 Lot 8 1,20 Retail /Bank — Bldg. "B" 9,100 sq.ft. /41 Lot 9 1.10 Retail — Bldg. "H" 11,200 sq.ft./51 Lot 10 1.19 Retail — Bldg. "K" 11,410 sq.ft. /52 Lot 11 1.44 Retail — Bldg. "C" 12,225 sq.ft./55 Lot 12 0.61 Retail — Bldg. "D" 6,175 sq.ft./28 Lot 13 1.28 Restaurant — Bldg. "E" 7,890 sq.ft. /79 Lot 14 1.19 Retail — Bldg. "L" 10,920 sq.ft. /53 Lot 15 1.16 Restaurant — Bldg. "M" 7,475 sq.ft./75 Lot 16 2.89 Retail — Bldg. "Q" 35,680 sq.ft. /164 Lot 17 2.70 Retail — Bldg. "P" 29, 510 sq.ft. /133 Lot 1, Block 2 1.19 Retail — Bldg. "F" 14,000 sq.ft. /66 Lot 2 6.83 Kohl's 75,000 sq.ft. /454 Outlot A 6.86 Storm Water Pond /Creek/Entrance /Service Drive 4 -14 -11 Page 1 ZONING The property is currently zoned PUD /C -2 (Commerce District) and is within the City's Central Commerce Overlay District. City Council Resolution 99 -37 created this PUD and includes modifications to the C -2 development standards that specifically apply to the former Brookdale Properties, including Sears. These modifications include the following: - Parking standards for retail uses at 4.5 per 1,000 sq. ft. of gross area. - A reduction in parking setbacks along portions of Xerxes Avenue and Bass Lake Road from 15'to 5'. - A reduction in parking dimension for 90 degree stalls and aisle width (w /o curb overlap) from 63' to 60'. - Allowed two freestanding signs up to 320 sq. ft. in area along Hwy 100. - Allowed an increase from 15% to 20% restaurant use in a retail center without requiring additional parking. The proposed PUD of Shingle Creek Crossing will also include the following modifications: - Reduction in building and parking setbacks as a result of the dedication of right of way for Bass Lake Road in lieu of a trail easement. - Reduction in the parking dimension standards for 60 degree angle parking (w /o curb overlap) from 60' to 56'. - Establishing a parking ratio of 10 stalls per 1,000 sq. ft. for restaurant pad sites. - Establishes architectural standards and guidelines of the development of each site. The purpose of the platting is to enable the ability o finance/mortgage and cone the individual Y Y lots for each of the individual building pads illustrated on the approved PUD plan. The individual site plan review and approval provides for continuous municipal review on the implementation p entation of the PUD plans. COMPREHENSIVE PLAN The Land Use Element of the 2030 Comprehensive Plan Update identified this site as a multi -use district including commercial (retail business, office /service), residential (townhome and multi- family) and public and semi - public uses. The proposed platting of this property for the Shingle Creek Crossing PUD is consistent with the City's Comprehensive Plan. EASEMENT DEDICATION The preliminary plat provides for the following right of way dedications: 1. An additional 15 ft. of right- of -way for Bass Lake Road West of Shingle Creek Parkway intersection. The width increases to approximately 35 ft. to include the transit improvements adjacent to the Holiday Service Station. 2. An additional 10 ft. of right -of -way for Bass Lake Road East of Shingle Creek Parkway intersection. 4 -14 -11 Page 2 3. Dedication for the south leg of the Bass Lake Road and Shingle Creek Parkway intersection. 4. Dedication of 11.95 acres for State Highway 100. Additionally, it illustrates the following additional easements: • 10 ft. drainage and utility easement along the public right of way of Xerxes Avenue and Bass Lake Road. • 10 ft. drainage and utility easement along Highway 100. • A 17 ft. trail easement along Hwy 100 which connects to the Shingle Creek Regional g Y g g Trail. • A varying width of a drainage and utility easement from approximately 50 ft. to 150 ft. for Shingle Creek, the proposed partial Day- lighting and outer ring service drive. • An IS ft. trail easement for the relocation of the Shingle Creek Regional Trail. • A 30 ft. utility easement for the existing 27 in. sewer trunk line which expands to include a western portion of Lot 11. • A 25 -30 ft. drainage and utility easement across lot 9 for an existing sanitary sewer line which serves the Holiday Service Station. • A 10 ft. drainage and utility easement along the Sears eastern lot line that extends northerly along the mall and connects to a 10 ft. drainage and utility easement adjacent to the sides and rear lot lines of the Holiday Service Station lot. • 20 ft. utility easements for the existing sewer laterals which connect to the sewer trunk line. (This easement is being realigned per the direction of the City Engineer) • • A 57 ft. drainage and utility easement for the two 12 ft. x12 ft. box culverts within County Ditch 13 /Shingle Creels. EASEMENT VACATIONS As part of the lattin of these properties, the developer will be requesting the City to proceed p g p P P q g Y p with the necessary notifications and hearing to vacate old and unused easements associated with the Brookdale Mall parcels. INTERIOR ACCESS DRIVES The Shingle Creek Crossing PUD includes approximately 5,500 ft. of main interior /private access drives which provides the framework to serve the retail parking areas and access to the development: - The Bass Lake Road and Northway entrance is a divided median which extends approximately 720 ft. to the Walmart Store, - The Bass Lake Road and Shingle Creek Parkway entrance is a divided median which extends approximately 400 ft. to the Kohl's entrance and an additional 130 ft. to the drive which serves the Jr. retail boxes and Walmart store and continues approximately 1,740 ft. as the perimeter service drive where it connects to this perimeter service drive on the Sears lot. - The 56` and Xerxes entrance is being reconfigured to provide a main drive which extends across the development approximately 1,570 ft. to the Northway entrance drive and an additional 620 ft. to the Shingle Creek Parkway entrance drive. This access also stubs to the south to serve the renovated mall parking area and to the north to serve 4 -14 -I1 Page 3 Applebee's and the northern block of retail buildings. The 2,040 ft. of drive adjacent to the Jr. box retail, the Walmart site and the eastern side of the renovated Mall. Cross access easements will be provided for these and other minor access drives as shown on the PUD. UTILITIES Sanitary sewer service to this development will be provided by: - The relocation of the existing private lift station that serves the Mall to the side yards of Lots 8 & 9 with a short lift to the Bass Lake Road sewer line that serves the Holiday Service Station. - The construction of a new private lift station that will serve the two lots on the east side of the Shingle Creek with a small force main to the City's sewer trunk- line. - The realignment the City's existing lateral sewer line across lots 13, 14, & 15 which services the sewer flow from the Shingle Creek lift station to the north. - Lot 2 is provided service from the existing sewer line which services Sears. - Lot 1 & 2 are served by existing service for the Kohl's site. - The City's sewer trunk line will provide lateral service to Lots 11, 17, and 1. The City's Engineering Department has determined that repairs (lining) to the existing 27 in. sewer trunk line will be coordinated with the redevelopment of the Mall properties. Final construction plans and permitting for these public and private sanitary improvements and connections will coordinated thorough the City's Public Works Department. The Brookdale Mall site is currently served by connections from a 12 in. water trunk line on Xerxes Avenue and Bass Lake Road with an 8 — 10 in. water line loop around the Mall. The utility plan illustrates the replacement of the existing water distribution and fire protection system with a 10 in. line that loops the existing Sears and renovated Mall area and a second 10 in. loop within the central portion of the site that is also connected to the City's 16 in. water trunk line which crosses the eastern P lot). ortion of the site Kohl's parking l . ( Final construction plans and permitting for these private municipal water improvements and connections will coordinated thorough the City's Public Works Department. The necessity of additional hydrant locations will be considered with the individual site plans. The drainage plan provides for two additional 48 in. storm sewer lines to convey storm water runoff from the Northwestern and the Central portion of the site to a large storm water pond before it enters the existing storm sewer line which flows to the storm water treatment improvements within the Centerbrook- Golf Course. The existing 42 in. storm sewer line which parallels the box culverts within County Ditch 13 (Shingle Creek) will serve that portion of the development east of the Northway entrance drive and County Ditch 13. The plans provide for additional storm water treatment for this area before it enters the partial Day- lighting of Shingle Creek. 4 -14 -11 Page 4 Final construction plans and permitting for the private storm sewer, storm water management improvements and erosion control plans will coordinated thorough the City's Public Works Department. FLOODPLAIN MITIGATION The developer has proposed to replace the designated FEMA (Federal Emergency Management Agency) floodplain on Lot 16 through the flood storage areas within the partial Day- lighting of Shingle Creek. A formal application requesting a revision to the Federal Flood Map is being processed as part of the development of Shingle Creek Crossing. It is staff's opinion that the final platting of this lot should be designated as an outlot until an approval of the FEMA map revision is approved and this is considered a buildable lot. STAFF COMMENT Through the review of this development there remain two issues which continue to be discussed: - Closure of the curb cut from Bass Lake Road that serves Kohl's - The two existing 12 ft. x 12 ft. box culverts within County Ditch 13 /Shingle Creek and the Day - lighting options and opportunities for greater economic development with the Day- lighting of Shingle Creek. With respect to these issues, the applicant has indicated that the existing Kohl's lease does not allow him to close the driveway entrance at this time; however, he is willing to enter into an agreement that when the current lease expires or is renewed that he would close it at that time. The potential of a full Day - lighting of Shingle Creek that would remove the two box culverts and maximized the presence of the Creek as an amenity for economic development has been discussed as an option for this development. Building on the 2009 Daylighting of Shingle Creek Framework Plan, Hennepin County authorized SRF Consulting, the consultant that prepared the previous Shingle Creek Day- lighting Study to prepare a conceptual plan and cost estimates that would expand the proposed partial daylighting concept to a full daylighting of Shingle Creek. This plan is being finalized at this time and will be formally presented to the City within the next couple of weeks. As part of this study, a financial strategy through a cooperative effort of the County, City, Developer, and others is being considered that would allow the acquisition of the additional land to complete the Day - lighting of Shingle Creek and the improvements to make this a natural amenity that would stimulate the commercial redevelopment opportunities and economic growth. Enclosed is a copy of the Hennepin County review letter for the preliminary plat which was considered by the Planning Commission on March 17, 2011 for the prior Shingle Creek Crossing application. At this time, Planning has not received the review comments from the Minnesota State Highway Department. Attached is a copy of the Engineer's memorandum on their review of the preliminary plat (also referred to as a preliminary plan within Chapter 15, Platting Ordinance) which will be incorporated into the Planning Commission's resolution. 4 -14 -11 Page 5 RECOMMENDATION It is the staff's recommendation that a motion be made to approve this application by adoption of Planning Commission Resolution No. 2011 -06, A Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2011 -008, A Request for Preliminary Plat Approval of Shingle Creek Crossing subject to the conditions of approval outlined in the resolution. 4 -14 -11 Page 6 adoption: Member introduced the following resolution and moved its PLANNING COMMISSION RESOLUTION NO. 2011 -06 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -008, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF SHINGLE CREEK CROSSING. WHEREAS, Planning Commission Application No. 2011 -008, submitted by Loren Van Der Slik on behalf of Gatlin Development Company, requests Preliminary Plat approval of a subdivision, to be known as Shingle Creek Crossing, a plat of 19 parcels and tracts within seven Registered Land Surveys associated with the previous developments of the Brookdale Mall, into 19 lots and one outlot to facilitate the dedication of public easements, dedication of right of ways, and the creation of lot configurations to facilitate the development of the Shingle Creek Crossing PUD; and WHEREAS, the Planning Commission conducted public hearings on March 17, 2011 and on April 14, 2011, to consider the redevelopment of Shingle Creek Crossings; and Whereas, the Planning Commission conducted a public hearing on March 17, 2011 for the Phase I improvements of the Shingle Creek Crossing PUD and continued that hearing until March 31, 2011, at which time the applicant requested to withdraw its application and resubmit a revised plat which included the Midas site and other revision to the PUD plans; and WHEREAS, the Planning Commission held a duly called public hearing on April 14, 2011, at which time a staff report and public testimony regarding the preliminary plat of Shingle Creek Crossing was received; and WHEREAS, the Planning Commission finds that the Preliminary Plat is consistent with the General Development Plans of the Shingle Creek Crossing PUD plans. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -008 for the Preliminary Plat of Shingle Creek Crossing be approved based upon the following considerations: 1. The final plat is subject to review and approval by the City Engineer subject to the provision of Chapter 15, "Platting" of the City Ordinances. 2. That a subdivision agreement that includes the following conditions of approval and comments identified in the City Engineer's Memorandum dated April 26, 2010, is executed as part of the final plat approval: a. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details. 1 b. An as -built survey of the property, improvements, utility lines, structures and a certified record drawing for any associated private and /or public improvements shall be prepared by a licensed engineer in the State of Minnesota. C. That inspection of the private site improvements shall be performed by the developer's engineer, a licensed engineer in the State of Minnesota, and certified through a letter that the project was built in conformance with the approved plans. d. The existing Shingle Creek twin box culverts shall be labeled "private sewer ", the public drainage and utility easement for these box culverts shall not be for ownership reasons; but shall be for inspection purposes to ensure proper maintenance is being performed, and a letter confirming the location of the box culverts within the easement provided by a certified engineer and or surveyor in the State of Minnesota. e. Copies of all County, Regional, and State approved permits for the installation of public and private utilities (municipal water and sanitary sewer) shall be provided to the City Engineer prior to final approval of the City permits for utility construction. f. That all water main lines, other than the existing public trunk water main shall be considered private. Utility plans shall specifically label the private water main improvements. g. That all sanitary sewer improvements, other than the existing sanitary lines, shall be considered private. Utility plans shall specifically label the private sanitary sewer collection lines, lift station, and force mains as private. h. That all storm sewer and storm water ponding areas, including the twin box culverts within County Ditch 13 shall be considered private. Utility plans shall specifically label the existing and proposed storm water improvements. i. That financial assurance in the form of a letter of credit or cash escrow in an amount of 125% bid cost or 150% of an estimated cost or in the amount determined by City Staff to comply with land alteration permit, site improvements, and site restoration. j. That a construction management plan, as approved by the City Engineer, is prepared that outlines minimum site management practices, penalties for non - compliance, and a separate cash escrow which can be drawn upon in the event the City is required to correct any deficiencies or issues of the plan. k. That a pre- construction meeting is held with City Staff and a construction schedule is approved by City Engineer. 3. That an updated certified abstract of title or registered property report is provided for the City Attorney's review at the time of final plat application. 4. That an overall easement agreement is required that will provide City accessibility to all private utilities and storm drainage areas to inspect and enforce property utility 2 service and maintenance for the entire properties within the Plat. . 5. That the final plat include the dedication of public drainage, utility, and trail easements as identified in the April 26' 2011 City Engineer's memorandum. 6. The public utility easement for the 18" sanitary sewer running within Lots 14 and 17 is revised to match the alignment as shown in the April 22'2011 PUD documents. 7. That site development plans and utility relocations are reviewed and coordinated with private utility companies prior to final plat application, vacation of easements and /or approval of any site modifications. 8. Shingle Creek Watershed Management Commission review and approve the storm water management plans, drainage, erosion control plans, and the requested revision to the FEMA Flood Plain Map. 9. That MnDOT and Hennepin County review comments on the Preliminary Plat are addressed with the Final Platting of Shingle Creek Crossing. 10. The Minnesota Department of Health permit the water main installation. 11. That the Minnesota Pollution Control Agency permit the sanitary sewer installation. 12. That the Minnesota Pollution Control Agency NPDES permit is as a condition of all site development approvals and provided to the City Engineer prior to the issuance of any grading permit. 13. That the Storm Water Pollution Prevention Plan (SWPPP) designers, installers, and inspectors are state certified and approved by the City Engineer. 14. That Lot 16, Block 1, identified as Building Q, is platted as an outlot until such time as a FEMA determination on the replacement of the designated floodplain area has been approved. 15. That Hennepin County, the Shingle Creek Watershed Management Commission, and all other applicable regional, state, or federal agencies provide the necessary approvals for the alterations to Shingle Creek. 16. That final grading, drainage, utility, erosion control, and intersection design plans are subject to review and approval by the City Engineer prior to the issuance of permits. 17. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 18. Issuance of appropriate permits by Hennepin County for the private access 3 • improvements and work within the public right of way of Bass Lake Road for the entrances from Northway Drive and Shingle Creek Parkway intersections. 19. The applicant shall provide appropriate erosion control during construction, as approved by the City Engineering Department, and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 20. The existing water and sanitary sewer services shall be properly disconnected from City systems in a manner approved by the City Engineer prior to the demolition of existing buildings on the site. 21. The dedication of trail easements and drainage and utility easements, as approved by the City Engineer shall be shown on the final plat or separate documents shall be filed with the recording of the final plat. 22. That existing, but no longer necessary, easements shall be vacated by the City prior to release of the final plat. 23. That the Fire Chief approve the location of fire hydrants for the individual sites /lots at the time of final site plan review. 24. That a subdivision development agreement, to include, but not necessarily limited to an agreement for the future closure of the Kohl's driveway from Bass Lake Road, construction and inspection of all utilities consistent with City development standards and policies, financial guarantees, maintenance agreement for the two 12'x12' box culverts and the submittal of as -built plans, is executed as part of the final plat approval. 25. That an easement and agreement for maintenance and inspection of utility and storm drainage systems, as approved by the City Attorney and City Engineer is a' condition of site development plans and is executed prior to the issuance of certificate of occupancy permits. 26. That the two 12 ft. x12 ft. box culverts are enrolled in the State's bridge inspection program. Date Chair ATTEST Secretary 4 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. 5 ..... .. .... _ ...._ i Hennepin County Transportation Department i 16DO Prairie Drive 612- 596 -0340, Phone Medina, MN 55340 -5421 763 - 476 -4000, FAX 763 - 478- 4030, TDD wvt/ew.hennepin.us 'tarch 17, 2011 Mr, Bruce Johnson, Engineering Technician Supervisor � City of Brooklyn Center 6301.Shingle Creek Parkway Brooklyn Center, M`N 55430 -2199 i Re:: Preliminary Plat Review - Shingle Creek. Crossing (aka. Brookdale redevelopment) Bass Lake Road (CSA.1 -1 -10) I Northway Drive south side llennepi i County flat Review No. 3199 Dear Mr. Johnson: Minnesota Statutes 505.02, 505,03, and 462.358, Plats and Surveys, allow rip to 30 days for county review of v >' preliminary plats abuttin roads, °I'hr. prtiltntnary tat was rcec.tvtrd oil February 16, 201.1. 1- lenrae in County has been involved with early site plan review of this proposal, and has also been collaborating Nvitli tlae city Oil a number of upgrades to Bass Lake Road in this area. Site Plan — Overall, the internal circulation aisles in the site Flan appear to have been modified to increase tar: throat depth as county staff desired. This will allow for better internal vehicle stacking; for exiting traffic and move turning traffic conflicts further from the county road for entering; traffic. Tirane inlrpadv — We agree with the conclusions of the Traffic Impact Analysis reprint prepared by Kimley - °Horn and Associates, Inc, dated January 20, 2011. The cxarrnty roadway system should adequately handle the site traffic. As the traffic report notes, the traffic generated by the prorrposed development in tine critical p.m. peak period should be lass than when the Brookdalc Mall was fully occupied during the zenith of its operations in the raid 1970's.. • Right-of-Way, Although it was difficult to verity all the dimensions based On eirn• information, it appears that the proposed additional right-of-way should adequately accommodate the turn lanes, streetscaping, and trail Beds along; Bass fake Road. The `three [fivers bark District should also review the proposed right�oE =way to confirm that these: 1 dimensions arc; sutisfactory for their needs. i, Access — We havr; ]previously agreed to the modification of the southeastern quadrant of the intersection at Bass Lake Road 1 Shingle Gmek Parkway to remove the nortlibouRd free - right: turn lane. Just to the east, the existing right -in only to the Kohl.'s department sto.re!is pr,:ublematic clue to its lack of an associated right turn lane, its close spacing to Trunk I lighway' 100, its error>enus,.111k ntent across-the access control limits of Bass Lake Road, and the antictpated conflicts with users of tile new re ional trail. We believe that access to the stare:e would not be unduly inapacted if customers used the main Shingle Creek Parkway entrance, and we would support the removal; of this access as part of the redevelopment. .Pernrtt.c .. Please inform the developer(s) that all proposed construction within county right of way requires all approved Hennepin County permit prior to -be ginning construction. This includes, but is not limited to driveway and street access, drainage and utility construction, trail development, and landscaping,. Information on tar; permitting process can be obtained fiaarri Our website.at wmv.lrennepirrann."ars - by typing "pen - nits" in the search box and choosing one of'the first search links. The pertntt applications are processed through our epermitting system at: lrttrps �irrrrr�/rrerrrrFfs rr.lrerrn rpt`rt.rrtrt.rrs Permit questions can be directed to Carolyn Fackler at (612) 596 -0336. Please contact Bob Byers (612) 596 -035 for any questioms or further discussion of these iteril& Since rely, ((( t r " . James N. Grube P.E. i$ Director of Transportation and County Engineer ,rNtilryb i? . ec: Past Rcvicw onrrnirrec t3t:rr ckLj Byers 1 Iprager 1 Fackler I Prolix I Uoikc , Lirldgr'en i Nebv ! Witt ; Mark Lrason, I Icnngin County Strn°ey 011ice Lynn OeVcatt, Tim: Rivers Rc�iunsl Park District , An tit?i'ICJrc tr't;; ttl fir,`? 71;r`Et I fit; cif E; r;v MEMORANDUM DATE: April 26, 2011 • TO: Gary Eitel, Director of Business and Development Tim Benetti, City Planner FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Shin gle Creek Crossing Preliminary Plan Review, City of Brooklyn Center Public Works Department staff reviewed c p wed the following preliminary plan documents submitted for review for the proposed Shingle Creek Crossing Development: • Site Development plans dated April 7, 2011 • Preliminary Plat dated April 7, 2011 The following are comments pertaining to the referenced documents: 1. All conditions of the April 25, 2011, PUD Review memo prepared by the City of Brooklyn Center Public Works Department are included as requirements by reference. 2. Finalize all site reports that were prepared and/or not submitted as part of the final PUD approval and provide the City final copies (PDF format). 3. A development agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 4. All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center's standard specifications and details. The City's standard details must be included in the final site plans. 5. Upon project completion the a i an as -built survey of the property, p p � applicant must submit y p p rty, Improvements and utility service lines and structures, and provide certified record drawings for any associated private and /or public improvements prior to issuance of the certificate of occupancy. The survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 6. Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as -built drawings. Easements, Agreements and Plat: 7. An updated certified abstract of title or registered property report must be provided to the City Attorney for review at the time of the final plat application (within 30 days of release of the final plat). 8. An overall easement agreement is required that will provide the City accessibility to all • private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site, including Kohl's and Applebee's sites. This easement g: \engineering \development & planning \active development projects \shingle creek crossing 2010 \communication \project review & conditions \I 10426_prelim plan memo.doc Final Revised Shingle Creek Crossing Page 2 of 7 Preliminary Plan Review Memo, April 26, 2011 agreement includes private inspection, maintenance and reporting responsibilities and must p P g p be executed prior to issuance of building occupancy. 9. The final plat must include dedicated public drainage and utility easements over the following locations and existing or proposed public utility locations, as determined by the City Engineer: A. All easements for public utilities must be a minimum of 20 -feet in width with the utility centered within the easement. Variations in the existing sewer alignment exist and must be properly mapped to ensure this condition is met. B. The existing trunk 24 -inch and 27 -inch sanitary sewer easement must be a minimum of 30 -feet in width with the utility centered within the easement. Variations in the existing sewer alignment exist and must be properly mapped to ensure this condition is met. C. A letter stating and certifying that all existing public utilities are centered within the proposed dedicated easement as shown on the preliminary and final plats must be provided and certified by the developer's engineer or surveyor prior to accepting the final plat. D. Revise the proposed drainage and utility easement located in the southwest quadrant of Northway Drive and Bass Lake Road to maintain an easement that is parallel with the property line while maintaining a minimum 10 -foot separation with the sanitary sewer line. E. A minimum 10 -ft wide drainage and utility easement along the perimeter boundary of the plat. 10. The existing public 18 -inch sanitary sewer easement running within lots 14 and 17 must be revised on the preliminary and final plats to match the revised alignment of the sewer line as shown in the April 22, 2011 PUD documents. 11. All existing public easements that are prescribed to be dedicated on the final plat must be vacated. If the public easement is to remain, the easement must be shown on the preliminary and final plats with recorded document number referenced. 12. There is a 10 -foot discrepancy between the right -of -way width of Xerxes Avenue shown on the proposed preliminary plat and available plat and easement documents in the City's possession. The actual right -of -way width must be verified prior to considering the final plat. 13. The existing public 10 -foot wide drainage, utility, streetscape and trail easement along Xerxes Avenue must be maintained, shown and referenced on the preliminary and final plats. 14. The site development plans and utility relocations must be reviewed and coordinated with private utility companies prior to final plat application, vacation of easements and /or approval of any site modifications. g: \engineering \development & planning \active development projects \shingle creek crossing 2010 \communication \project review & conditions \110426prelim plan memo.doc Final Revised Shingle Creek Crossing Page 3 of 7 Preliminary Plan Review Memo, April 26, 2011 15. Proper easement must be dedicated along ass Lake Road CSAH 10 g ( ) and Xerxes Avenue that will contain all public elements of the roadway including but not limited to trail and sidewalk, plantings, traffic signal systems, fiber optic systems, lighting systems, irrigation systems, bus benches, litter receptacles, fencing and rails, pedestrian bridge and other miscellaneous streetscape elements. Currently, easements are not adequately shown in the preliminary plat and must be revised. 16. All existing public streetscape and trail easements that are to remain must be shown on the preliminary and final plats with recorded document number referenced. 17. The existing Shingle Creek twin box culverts must be labeled "private sewer ". The public drainage and utility easement for the existing box culverts shall not be for ownership reasons, but shall be for inspection purposes to ensure proper maintenance is being performed. The proposed drainage and utility easements must be based on precise, actual and physical location of the box culverts for the entire length to ensure adequate easements and setbacks of adjacent structures are maintained. A letter confirming this condition has been met must be provided by a certified engineer and/or surveyor in the state of Minnesota. Certification must be provided prior to approving the final plat. 18. The property owner must register the Shingle Creek twin box culverts in the state's bridge inspection program and perform the required periodic inspections to ensure the box culvert bridges are certified and safe. A copy of the periodic state required inspection reports must be provided to the City as they are performed and approved. 19. A 16 foot wide minimum trail easement must be dedicated and shown on the final plat for the proposed trail running along the south and east ring road. The proposed trail must be centered within the easement. The trail landing area for the pedestrian bridge over Highway 100 must be fully contained within the easement. 20. Show and label the areas of all lots and outlots on the preliminary plat. 21. Cross access, parking and utility agreements are required between all necessary parcels. 22. Private site appurtenances (e.g. light poles, signs, etc.) must not encroach on public easement areas. For appurtenances that provide adequate setback and won't have any direct impact on the public elements within the easement area as approved by the City, an encroachment agreement is required for any element that is allowed and agreed to encroach in those easement areas. 23. Provide an assigned truck route for the entire site to each building pad. This must be a documented truck route that will be implemented and enforced by all property owners and included in the development agreement. Permitting: 24. Copies of all approved permits must be provided to the City prior to issuance of any City permit, gAengineering\ development & planning \active development projects \shingle creels crossing 2010 \communication \project review & conditions \1 10426prelim plan memo.doc Final Revised Shingle Creels Crossing Page 4 of 7 Preliminary Plan Review Memo, April 26, 2011 25. The property is located adjacent to Minnesota Department of Transportation (Mn /DOT) highway right -of -way and Hennepin County right -of -way. All Mn /DOT and Hennepin County review comments are included by reference and are conditions of approval. 26. Minnesota Department of Health permit is required for watermain installation. 27. MPCA sanitary sewer permit is required. 28. MPCA NPDES permit is required. 29. Hennepin County access permit is required. 30. Shingle Creek Watershed Management Commission (SCWMC) plan review and approval are required. 31. Department of Natural Resources, Army Corp of Engineers and other permits may be required as necessary. 32. Floodplain mitigation is required. A Conditional Letter of Map Revision (CLOMR) submittal is required to be obtained from the Federal Emergency Management Agency (FEMA) pertaining to the proposed revised 100 -year flood plain. Storm Sewer System and Drainage: 33. All on -site storm sewer shall be considered private. All storm sewer lines and facilities must be specifically labeled "private sewer ". 34. No direct runoff into Shingle Creek will be allowed. All sections of storm sewer that discharge directly into Shingle Creek and/or the partially daylighted portion of the creek must contain an adequate pretreatment device and must be designed to meet minimum treatment standards as approved by the City Engineer. Design computations must be provided demonstrating all existing and /or proposed pretreatment devices meet these standards, including the existing Kohl's storm water treatment structures. All pretreatment devices will be subject to final review and approval of Final Plans by the City Engineer. 35. All existing storm sewer and treatment facilities that are to remain must be properly cleaned and repaired to demonstrate a fully functional storm sewer system and certified as such by the licensed design engineer. 36. Provide sediment pretreatment facilities for all existing and proposed ponds and infiltration basins. 37. The preliminary plans including all hydrology and hydraulic calculations must be presented to and approved by the Shingle Creek Watershed Management Commission. 38. Storm Water Pollution Prevention Plan (SWPPP) designers, installers and inspectors must be state cert ified. All certifications must be provided to the City as part of plan approval and • permitting. g: \enginecring\development & planning \active development projects \shingle creek crossing 2010 \communication \project review & conditions \110426_prelim plan memo.doc Final Revised Shingle Creek Crossing Page 5 of 7 Preliminary Plan Review Memo, April 26, 2011 Watermain System: 39. All watermain line other than the existing public watermain shall be considered private. All watermain lines must be specifically labeled "private watermain" or "public watermain" on all final plans as determined by the City Engineer. 40. Provide a minimum 18 -inch separation between watermains and sewer lines. Sanitary Sewer System: 41. The public sanitary sewer through the site has been televised. The results indicate that segments of the 18 -inch piping are in poor condition and need to be replaced, repaired and /or lined. Further development of a strategy and plan for the necessary sanitary sewer replacement will be coordinated with the developer during the final plan approval and construction stages. 42. All sanitary sewer other than the existing public sanitary sewer shall be considered private. All sanitary sewer lines must be specifically labeled "private sewer" or "public sewer" as determined by the City Engineer. 43. All proposed lift stations will be private and labeled "private" on the plans. 44. Due to inadequate cover, insulate the top of the public sanitary sewer forcemain from location station 3 +00 to 6 +00, which is the public line extending from Shingle Creek Parkway westerly across the site to the main public trunk line. Site Plan: 45. The easterly Kohl's entrance from County Road 10 must be closed. Closure of the access supports the City's and County's roadway access management goals and also eliminates the trail safety conflict with this skewed access driveway. Adequate access is provided at the Shingle Creek Parkway intersection. 46. Alignments in the main drive aisle at the first intersection south of Northway Drive /Bass Lake Road are kinked. A skew of less than 20 degrees is acceptable but the alignments through the intersection must be smooth. The roadway alignment between the two intersections must be a minimum 300 -ft radius. 47. All internal intersections must be aligned properly through the intersections to eliminate any kinks and provide proper, smooth channelization and alignment through the intersections. 48. The proposed dual drive -thru window layout with crisscross access must be further reviewed to ensure adequate, safe operation. The drive -thru layout is subject to final City review and approval conditions of the preliminary plan and final plat. 49. The internal trail /sidewalk crosswalks located on the north side of the existing building /retail shops and located on the southeast side of Site Q must be enhanced to improve pedestrian safety (e.g. raised crosswalk with special surface treatment and pavement marking delineation). g:Aengineering \development & planning \active development projects \shingle creek crossing 2010 \communication \project review & conditions \110426_prelim plan memo.doc Final Revised Shingle Creels Crossing Page 6 of 7 Preliminary Plan Review Memo, April 26, 2011 50. Sign locations must be further reviewed to ensure roadway sight -lines are maintained and there is no encroachment on any easement. Sign locations will be subject to final City review and approval conditions of the preliminary plan and independent sign approvals. Landscaping_ 51. Provide irrigation to encompass the entire vegetated areas within the site. Prior to Issuance of Land Alteration and Building Permits: 52. Submit a recorded copy of the preliminary plat, all required easements and restrictive covenants. 53. Submit final site plans and specifications for review and approval by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan. 54. Submit letters of credit or cash escrow for the private portion of the project in the amount of 125% of a bid cost, 150% of an estimated cost or in the amount determined by City staff to comply with land alteration permit, site improvements and to restore the site. The developer may submit one itemized letter of credit, if approved by City staff. The City will not release or reduce the letters of credit or cash escrow until work has been completed according to the final site plans approved by the City. 55. Submit a construction management plan. The plan must be in a City approved format and • outline minimum site management practices and penalties for non - compliance. 56. Submit a separate cash escrow for the construction management plan elements in an amount approved by the City staff. This escrow must be accompanied by a document prepared by the City attorney and signed by the developer and property owner. Through this document, the developer and property owner will acknowledge: A. The property will be brought into compliance within 48 hours of notification of a violation of the construction management plan, other conditions of approval or City code standards. B. If compliance is not achieved the City will use an or all of the escrow dollars to p � Y Y correct any deficiency and/or issue. 57. Schedule and hold a preconstruction meeting with the City staff. 58. Public improvements are required as part of the approval of this project. These costs are the full responsibility of the applicant /property owner. The developer must provide a separate petition and waiver of assessments to the City to perform any necessary public improvements including all associated fees. Otherwise, if the developer chooses to design and construct the public improvements, the development agreement must include provisions by the applicant to develop, design and construct all public roadway, streetscape and utility improvements on site and as required for Bass Lake Road (CSAH 10) at the intersections of Northway Drive . and Shingle Creek Parkway with Bass Lake Road (CSAH 10), all subject to the requirements and approval of the City and the County. The following must also be submitted for City staff gAengineering \development & planning \active development projects \shingle creek crossing 20M communication \project review & conditions\1 10426_prelim plan memo.doc Final Revised Shingle Creek Crossing Page 7 of 7 Preliminary Plan Review Memo, April 26, 2011 review and approval: • A. Qualifications of the design engineer must be presented to and approved by the City Engineer. B. Final street and utility plans in form and format as required by the City. These plans must be separate from the development plans. Final plans must be approved by the City Engineer and other jurisdictional authorities as required. C. A signed agreement with the City to guarantee that the developer will complete all public improvements to meet all City requirements. D. A letter of credit or cash escrow in the amount of 125% of a bid cost or 150% of an estimated cost of the improvements. E. Inspection of the public improvements must be performed by a certified inspector hired directly by and through the City. The developer is required to provide reimbursement to the City for all associated inspection and management expenses. F. The City will only reduce or release the letter of credit or cash escrow for the public improvements upon receipt of as -built drawings and a letter certifying that the streets and utilities have been completed according to the plans approved by the City. G. Upon project completion, the design /project engineer must provide a final topography as -built survey, as -built record drawings of all public improvements and formally certify through a letter that the project was built in conformance with the approved plans and under the design /project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as- built drawings as detern by the City Engineer. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The preliminary plan (site plan and preliminary plat) must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plat and final site plans may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading and geometric design as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. g: \engineering \development & planning \active development projects \shingle creek crossing 2010 \communication \project review & conditions \I 10426_prelim plan memo.doc 1 1 2 1 3 1 4 1 5 1 G 1 7 1 B 1 9 1 10 11 12 1 13 1 14 1 15 1 IA 1 17 1 18 1 19 1 20 1 21 22 1 23 1 24 1 25 1 25 1 27 1 28 29 1 30 1 31 1 32 1 33 1 34 1 35 1 36 1 37 1 38 1 39 1 40 1 41 1 42 43 1 44 1 45 1 46 1 47 1 18 A CURVE TABLE I I I W ,0 us NO}H OCLf4 _ � B _46 ]II [ 1183'19 6 <2 Snh ]0 I I OCP DEVELOPER • > '48 0 635010 6 h. x, C l 1 .48.]0 4 , • � X c +6 sa s E L FABLE ONE i BLE , '/� - - D : L RE 7c N- BE.- uW Ll- O[Ax xO / �� - 1 WNERS > � q I 8.19 08E 12)i2 s]O'SS'11'C _ ' L a Lfis WuIIr - I.] 2S1.4a r1ji'3] 011'c E 1, ]450 24 ]J'D9'r L4] 5 b3'4 1 0 }'W .'h - / S�1 a ?x I•.0 5 ,�de 11 / r „r 19o.Ii n . s x14 sJ'09E Ren s o2 ",_. r LS _ )•L L69 , o. 553 / ' -' xc ocx CI ( . b l ` 1 J _,� J sr w6 >ro• 14 1�.JjVI)Xll 150. - L]5 )v.0 F J0. L]2 v9E0 -_ /`x'{/ F� WCCR ]� ,u\ n af'! =.1 5 BtoceLw\� L1 }��_ m •k 101.]3 54210 n]'n Or i9 .'6'J1 "w n 4' / \\ �. \ / « % zw wa .,>•o G t9 ]s , 12 68 _W V6 i. L 2 ) s v 19' .L 2 .2 31 - LOf ��FA wo wax SC +rt "sO �ISa 1 H a C? o BLD4k bs0 0.sa LYN CENTER s09a '•` ]0 ]63 Y Of p( N & i is r ]v __ 4 })] Y 2 L; 2 00n LBO =1095} 11 17 LIB 15 600 OrW L01 _ `/ �\_ ' e 1:w:.� .•9' \ I ' n . ' +'• / »:iz` 5 on 1 oar�bW trs[xmwA55W10 :331 Il K N0 5b "C 2]050 I <</ / _ \ ` �� " I. i W •'" £ -\ "� ENGINE 6 PRE ARER } R `20 } 62232 5811 LNS 1 IE/ 4 1 L 23 3v.5 1 J L8] 19 /M s} rE 'E % �( e ' / /�• ] lt+ » 42 OSB'L BR f] •C / x \• � \ I •\ L wrx� /' Cax a D.u. '] xnI k 16 9 S1 ) ;E 7x9 6) 553 4 r SURVEYO ` L7B n 9 s 23 2PL. S - /. 9. vo.00 54 9 v / d•� \ •>v -3•a E , O ]0 I s - 2 / 12 IB j pw.c cwr,c, u,xx x L32 w.6 st L. e. 3 TM �+ ..��.,, \ ti1\ �•\ \- /�� µr.Rr.: �6�y 278 70 } " s NoRrH „ -LY11 10i j58 24 / - b 5 ;9; z6 11 N.1 1. R UO • sd 43 9'E Llot 21199 U87 6J9 .+.},' ^/( '• \ f \ \• �, /'c y . r �a •, `� _.. w .[o saeru,r JAbfiD L•I 1])h0 509 JS L I-I N87 4 , /., ` I \ •�` • - j yY�T s -.. -. vsn, xanu 6 2 212 e 5 u4 zzfio rE -1 oe 9 )s s0 3s w 7 1I L41 - 1 » r al Y >y 8 R P m T ui l Y E 1 ,502 332rE Y• / ; ] - -LY+ _-_ - -- aro m e w » '� �s' \t �:e4 sswrW , R raNl7WL n m` L48 2 06. 5)G 3233'E 2.9 6. 553n3 ]= s. 3'S4'E SHINGLE CREEK CROSSING E 2 n 5E L; S L51 1S0.4i s51U32TF LIIS 11).35 509455! "E \ 4P ' ^'•• '- ?, 02 35000 sse'3941'. LII6 12401 589'4354 - E wwv / PRELIMINARY PLAT s V s 753 B'14 un : »63 oo,fi Dow 1 / I ✓ SECT 2- T118N -R21W 1 m z Lss I so mw is i9.n ss +�'Oq_'E / / BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA ' - i•w,.x.ssa[xl•< J W Lsfi 9. - uzo nz ez so4'2.•rn•E - L t w , -1 37.36 -'4S 'E Lse 2z4o .e' .ot B •u' 4• L12} Bs so z N L59 J3].)9 L123 444 i X e fio z L,z. 616 iv se9'a3 C \ I s rm [l[cmc u�[ a LU I, 2 '• L61 ] 9 5} � 2 LI26 n959 A 15�� / / '. z J O ii a y L63 J.5 ]190 O2] 69. 5 2356E r e FINAL PLAT OE SCRIPTION ' C0i xL 19 2 FL F2 56'E _ � / nx n9x / n «e ,..a 7ma s..° x° nsa x,nne x ra,. "y w"w.r= -' na,a J z U - a l c o a �x w ` a w as I. N6 ". n i «,.,... ,x sN R, s, x9x W 2 COx "I"I ,A15t CONTACT STATCALL ONE a «a c • w I.w sw Ic,• xx „ "w c «.r .„la. xmxu,r , s GOPHER E e AA I I - E 'ROE 1 -600 N GEG x5 a,a a e•a «.w ,wa sww> x a r>w. n... waa uwxwra x, xuau uwxar RSIRUC -/ /• Ixw Rtt EA 651 11 0002 _ O BBy PRO ECT LOCATION E GG z SITE DATA TABLE 'E, � fAt�%�° ` it r BR00KLYN ,. TI =WwCRIPT NRx.Rw�` "�' U) � o EXISTING LEGAL DESCRIPTION CENTER' o z o s ;\ :OD / 1 I I '. I I ...«,I lc,n k «..z ru xa Pwm,1 U J N •�L___N', -._ �� 777 _�� !� .al• /'' e« n.•n e«N .I «w7 «a rer.u�c °, r�N"wae i.s vW m,NSCxN„ W Q 3k EE L ' \ Ic _zou•n Ai , «w Iwa,•e wa°swro xwa c«.,.. u.....ra ntcmm „µ x.. U W CE OFF DALE O' ss �` ` I i.�•. I I CENTER I _ 7 cc `` .:� • \' " - -- -- ;irow9�R w . TT. �r =' e giva�vv n Wr n s . m 5 HH BENCHMARKS zz oax«N _ j1� �.� - _..i I •I... `I' :I _ • . rN «u is. ]ao•. °, . Ne. • ] ]v unc 3 _ xwvu� toa,.e w ra / `� ^: yl . M•v"wl a DAZE II ,. .L.a,l ,.e. °�. «.w,w «,n, „„nw�.a�,. «�.• �� J ±. II - / „I,.' ,: _1• �_' o4 /mn211 a :I;� _ «a «„«•„«.I,.« )a. aw..,l «.•...,.,.._ I law. rormwN d n.ae,0�a piex 1 nn b Ie «xnvel. n1 xa? xsysls). ` ++ •.).,:x° "_.,,sex„ •,7w�a.a.r. «a..arla.x�e. VICINITY «, .>.�.,.. n.wla.•,.RIwaI > «,n «w] _xEE,1o.nE TTO SCALE 4 0 1 7 nl IU ----------- — ------------------------------- o ------------- — --------------- — ------ - ----------- - --- T— , TY D NO 10/ BASS LAKE ROAD ------ ------- -- --- - -- COUNT, T -- ------ --- LOT TA LOT 11, BLOCK 1 3. BLOCK I T 13 OT Lo BLOC - 1 LOT 1. T 1, BLOCK2 BLOCKI k—ooT' 2 LOT B LO BLOCK BLO� T � • 9TAtE 1 LOT �Y\ LOT 10, LOT BLOCK I LOT 4 BLOCK 0.100" DLO 11 L IT L�K LOT BLOCK 1 LOT 17 LOT 16, BLOCK I 81 BLOCK L �Ir BLOCK I LOT 1. P. k BLOCK 1 BLOCKI P ROPOSED PROPERTY LINE BLOC LOT 2, FASEWNTPER.1 K I b 994" -sp j A a- tz -I U-1 U) a U.J 0 i UUILUI I 0 IL PROPOSED EASEMENT LEGEND PUBLIC DRAINAGE & UTILITY EASEMENT . ..... ------------ C, F15 2i EXISTING EASEMENT TO REMAIN 15 0 Bf LU L) TRAIL EASEMENT (TO BE RECORDED PER Y ILL SEPERATE DOCUMENT) ILL! L) ILL Z R.O.W. DEDICATION "p EXISTING PROPERTY LINE 0 Z PROPOSED PROPERTY LINE co mw Application Filed on March 24, 2011 . City Council Action Should Be Taken By May, 23, 2011 (60 Days) Planning Commission Information Sheet Application No. 2011 -009 Applicant: Loren Van Der Slik Location: 1108 Brookdale Center Request: Shingle Creek Crossing - Planned Unit Development and Site and Building Plan Review INTRODUCTION The applicant, Loren Van Der Slik for Gatlin Development Company, is seeking a Planned Unit Development 1 1 redevelopment plan: to allow the following changes to the original Brookda e p g g g p p 1. The demolition of approximately 760,000 sq. ft. of the mall including the former JC Penney's, Mervyn's, Macy's and Midas stores. 2. The renovation of approximately 123,242 sq. ft. of the mall located north of Sears with architectural changes to provide exterior identity and access while maintaining an indoor mall component. 3. The planned development of a 402,489 sq. ft. community shopping center /town center that includes a major anchor retailer with groceries, three junior box retailers, six restaurant pad sites, and four multi- tenant retail /service buildings. 4. The day - lighting of Shingle Creek and enhancements to on -site storm water management, landscaping and lighting. This item is being presented for consideration under a public hearing process. The public hearing notices have been duly published, with same notices given to the Planning Commission for consideration and mailed to the surrounding property owners. BACKGROUND On February 17, 2011, the Planning Commission conducted a public hearing on Planning Commission Application No. 2011 -003 submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, for a Planned Unit Development Amendment to the Brookdale C- 2/PUD, to be known as Shingle Creek Crossing. At that time the Commission directed the preparation of a resolution approving the proposed amendment with the appropriate findings and conditions. The resolution was intended to be presented at the March 3, 2011 meeting, however, due to a lack of quorum this item was postponed until a special meeting on March 10, 2011. At said meeting, the Planning Commission unanimously adopted a resolution recommending approval of PC 04 -28 -11 Page 1 the application for a Planned Unit Development Amendment to the 1999 Brookdale C -2 /PUD, (Planning Commission Application No. 2011 -003). On March 14, 2011, the City Council accepted the Planning Commission recommendation and authorized the City Attorney to prepare the resolution and PUD development agreement for Application No. 2011 -03 submitted by Loren Van Der Slik for PUD Amendment approval to the Brookdale C -2 /PUD. On March 17, 2011, the Planning Commission reviewed Application No. 2011 -004 the Preliminary Plat for Shingle Creek Crossing, which would replat the existing Brookdale properties into four lots and two outlots to facilitate Phase I of the Shingle Creek Crossing PUD. This plat would exclude the existing Sears, Midas and Kohl's parcels. The Planning Commission also reviewed said Phase I development plan consisting primarily of the Walmart store development, access roads, walkways, streetscaping and lighting, along with the Architectural Design Guidelines that would govern this PUD site. The public hearing on the plat was opened and closed (without any public comments), and a secondary motion made to table this plat to the March 31, 2011 meeting to allow city staff to address a number of concerns with the applicant. The Architectural Guidelines and Phase I items were provided under a "general presentation" by the applicant, with minimal recommendations or concerns raised by the Planning Commission. On March 22, 2011, representatives from Gatlin Development (Developer) Capmark Financial (property owners), Sears and city staff met to discuss on -going issues related to the site. The Developer agreed to postpone the March 31, 2011 Planning Commission meeting for final review of the Preliminary Plat of Shingle Creek Crossing. Subsequent to this meeting, the Developer informed staff that the Midas parcel was secured for acquisition and would now be included in the PUD and plat. The Developer further agreed to withdraw the original Planning Commission Application No. 2011 -03 (PUD Amendment), No. 2011 -004 (Preliminary Plat) and No. 2011 -005 (Site and Building Plan). At the March 31, 2011 Planning Commission meeting, staff informed the Commission that the applications noted above have been officially withdrawn by the Applicant /Developer. This report and related attachments reflects the new Planning Commission Application No. 2011 -008 Preliminar P - Planned Unit 2011-008 ( Preliminary of Shingle Creek Crossing) and No. 2011 009 Y ( g g) Development and Site & Building Plan). Please note No. 2011 -009 is not an application for PUD Amendment to the 1999 Brookdale C -2 /PUD; moreover this is a new and separate Planned Unit Development of its own accord and the proposed Shingle Creek Crossing properties. The following section of this report will provide a detail of the new changes in the Shingle Creek PUD Plan and related issues identified by staff. i PC 04 -28 -11 Page 2 ZONING The underlying zoning classification is C -2 (Commerce) District and is within the Central Commerce Overlay District. As previously noted, the current zoning is PUD /C -2 and this is a plan amendment to portions of the 1999 PUD plans. The new PUD provisions would apply to the new Shingle Creek Crossing Development and the existing PUD provisions would continue to apply to the Sears and Kohl's sites. COMPREHENSIVE PLAN The Brookdale Mall properties are identified as "Primary Mixed Use Redevelopment" with Retail Business and the Central Commerce Overlay District identified as a multi use area that could support future opportunities for housing, office /service, retail business, and public & semi- public uses. PLANNED UNIT DEVELOPMENT PROVISIONS Section 35 -355 Planned Unit Development, Subd. 5 Application and Review, Para. a Implementation of a PUD shall be controlled by the development plan. The development plan may be approved or disapproved by the City Council after evaluation by the Planning Commission. Para c. of this section identifies that the following criteria is considered in the initial creation of the PUD and consequently should be considered in subsequent changes to the PUD: 1. Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and P p g 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. PLANNED UNIT DEVELOPMENT (REVISIONS) City staff has identified the following changes to the updated PUD Site Plans from the previous March 2011 plans: 1) Significant changes have been made to the Wal -Mart store site. The building is revised from the original 152,036 sf. to 181,943 sf. store space. The lot size has also been increased from 15.48 acres to a new 18.05 acre lot. 2) Bldg. A is enlarged from a 6,033 sf. to an 8,500 s£ restaurant pad. 3) Bldg. B, preliminarily identified as a "bank site" is revised to include a new drive through service and lanes and enlarged from 7,700 sf. to 9,100 sf. • 4) Bldg. C is reduced from a 14,490 sf, retail with drive -thru lane to a 12,225 sf. retail site. PC 04 -28 -11 Page 3 5) Bldg. E site revised from 7,885 sf. to 7,890 sf. restaurant pad, with a patio area identified. 6) Bldg. F retail building site is revised from 10,905 sf. to 14,000 sf.. 7) The former 45,020 sf. multi- tenant retail building (G, H, I & J) has been disassembled and platted into three separate lots with the following individual buildings: a. the 1.2 acre Midas site has been added to the PUD and replaced with a 45,000 sf. retail building, labeled G; b. Bldg. H is added as a new 11,200 sf. retail site; c. Bldg. I has been eliminated; and d. Bldg. J is revised from a 8,400 sf. restaurant use to a retail site (note: due to the parking allotted to this site inside the platted lot lines). 8) Bldg. K is revised from 10,735 sf. to 11,410 sf. of retail. 9) Bldg. L remains unchanged as a 10,920 sf. retail site;. 10) Bldg. M remains unchanged 7,475 sf. of restaurant. 11) Bldg. N is significantly reduced from 53,850 sf. to 21,515 sf. retail site. 12) Bldg. P has been revised from 31,205 sf. to 29,510 sf. of retail. 13) Bldg. Q remains the same at 35,680 sf. of retail. STAFF ANALYSIS & COMMENTS (PUD) Staff continues to work with the Developer's consultants and development team on adjustments and refinements to various components of the development plans. Primary site development standards, issues and concerns staff wishes to point out to the Planning Commission include the following: • The new buildings inside the PUD are shown with a minimum 10 -foot setback from all property lines, except for Building Q which is shown with a 6 -foot setback along its northerly border. State Building Code standards will apply to this building, which may include limitations to wall opening and construction of special fire rated walls. Nevertheless, even with the reduced 6 -foot reduced setback and all other noted setbacks as shown, Staff accepts these setbacks as part of the overall PUD standards and as illustrated on the PUD Plan. • Building J was initially planned to be a restaurant pad site; however, the PUD plan and plat illustrates this building site is planned or "parked" for a typical retail site (i.e. 4.5 spaces /1,000 s£ vs. 10 spaces /1,000 sf.). If the developer or future owners decide to improve this lot as a restaurant, the building size would need to be reduced considerably PC 04 -28 -11 Page 4 . to provide required parking. This reduction could result in the development of a typical fast food restaurant site with probable drive -thru services, which is not what staff envisioned for this area along Xerxes Avenue. Staff is noting this and putting the Developer on notice that any "considerable" change or need of a drive -thru service would require a PUD amendment. • The initial plans illustrated 5 -foot wide walkways along the main roadways leading into the development. Staff had previously requested 8 -foot walkways; however, the Developer elected to provide 6 -foot wide walks, which we agree is adequate for this site. • The parking lot sandwiched between Buildings C and D appears extremely close to the south right -of -way line of Bass Lake Road and the new trail system/easement. The trail also begins to taper (inward) near this parking surface, leaving little space between the parking and trail. The Plan calls for a 5 -foot parking setback with decorative fencing. Staff is unable to determine the extent (beginning to end) of the fencing, nor have we reviewed any details on style, heights, or material of said fencing. We recommend details be submitted and approved by planning staff prior to approvals. This setback/fence area should also provide space for additional landscaping such as spirea or evergreen shrubs to provide year -round screening and to shield headlight spillover onto the adjacent road /trail systems. • There is a noticeable pedestrian disconnect along the east /west spine road located between the Xerxes Ave. entry and tying over to the main north/south access road. The Developer's consultants contend any walkway between these access /drive islands does not convey safe pedestrian movements along this roadway; instead the plans call for walkways which funnel the pedestrian traffic northward towards the existing Applebee's site and eventually over to the front areas of Buildings A, G, B, H and K. Staff recommends that this walkway connection be extended across the site; plus finish the connection in front of the existing Applebee's restaurant. • The parking area dedicated to the new Walmart is immense and massive with little to no landscaping islands or features to break -up this "sea" of parking. Staff recommends the Developer provide landscape islands or similar breaks in the mid - points or at various points within the westerly seven double - parking rows illustrated on the plans. • The loading areas located to the rear of Sears and Bldg. N need additional screening measures. The Developer has identified larger evergreen trees (10' to 12' height) will be installed along the northwesterly corner of the drainage pond. The Circulation Plan sheet calls out truck routes throughout the site, including garbage trucks. Staff is unable to locate or identify any outdoor garbage /refuse facilities. Staff assumes all new businesses will have interior trash receptacles and /or dumpsters. If any commercial site intends to provide outdoor trash/recycling areas, the Developer will need to include specific guidelines and standards in the proposed architectural design guidelines (ADG's), or city staff will provide those in the PUD final documents. PC 04 -28 -11 Page 5 • • The Walmart site plan identifies a "recycling area" to the rear building and against the ponding areas. City requires the Developer to provide specifications and details of this area to ensure this area is properly screened and secured in order to prevent any debris or recycling materials from being blown or carried into the drainage pond areas. • The Sign Program plan for the PUD site identifies a number of varying heights and sized signs. Two "major freeway pylon" signs will be 41 -feet in height with up to eight individual tenant identification panels. The "major pylon" signs will be 20 -feet in height with eight individual identification panels. The "pad monument" signs will be 6 -7 feet in height with single tenant panels. All signs need to maintain a minimum 10 -foot setback from property lines. The southernmost freeway pylon sign is located inside proposed Outlot A, which may be encumbered by an overall drainage and utility easement. The City may need to discuss or require an encroachment or license agreement to allow this structure within its easement area. The sign program also identifies a "general landlord/tenant requirements" provision, which provides rules on the determination and responsibilities of future signage within this PUD. However, most of these multi - tenant identification signs will be located on individual platted lots, which may be subject to additional landlord rights and privileges, or create confusing future ownership rights to these signs. In effect, each sign should be identified and carefully provided for under the overall PUD agreement to ensure that no individual lot ownership can usurp the overall tenant rights or usage of these signs and that access to maintain or change signs is granted to all users within the PUD. • Staff notes the photometric plans prepared by the Developer's consultants are very detailed and accurate. Staff has discussed with the Developer's consultants in providing adequate lighting for pedestrians in certain areas, such as the walkways in front of the larger retail buildings. We encourage typical wall mount, downcast style lighting along the front edges of these buildings. There appears to be a "dark area" along the trail corridor running parallel with Hwy 100. This area should have an additional light to eliminate this blank spot. • The preliminary plant schedule and landscaping plan identifies a number of deciduous, ornamental and evergreen trees, along with shrub /perennial plantings. The planting schedule is absent of any quantities, and the plan does not identify the species or types of trees in their respective locations. Staff requests this schedule be revised to include these numbers and identifiers. Staff further suggests the plan be revised to include additional shrub massing along the outer perimeters of the parking lots serving Buildings C, D and E of the plan. PC 04 -28 -11 Page 6 • ARCHITECTURAL DESIGN GUIDELINES (PUD) The Developer has re- submitted a revised version of the architectural design guidelines for this project site (attached hereto). In addition, the PUD will include a development agreement with cross easements for access, parking and private utilities, as part of the PUD agreement and subsequent platting of the property. These guidelines are intended to provide site, building and improvement specifications or standards, with specific focus on the following items: • Building orientation and construction materials and a standard on the amount of concrete block that can be used on a wall area. ( use as design feature for base or accent treatment) • Facade and Front Wall treatments and attention to detail on all sides of the buildings that are visible from public view. • Screening measures. • Landscape and site treatments, including plant materials, placements and maintenance. • Accent lighting to show case the building and enhance the overall character of the PUD. • The consideration to building height and architectural design of the retail buildings to promote a main street entry image and enhance the Town Center look. • Building treatments along Highway 100 (screening of loading & delivery areas, architectural treatment of walls and roof details, and accent lighting). These elements will be complimented by a large pond, landscaping, and fountain to showcase the overall PUD. • Pedestrian and bicycle connections standards. This PUD plan specifies four -sided architecture for all buildings. Staff has discussed with the Developer and their consultants in providing specific building materials and allotments into the architectural design guidelines which would cover all buildings inside this PUD. Essentially, Staff has chosen those requirements found within the City of St. Louis Park's Zoning Ordinance, which include the following two classes (of building materials): • Class I. Brick, marble, granite or other natural stone, textured cement stucco, copper, porcelain and glass. • Class R. Exposed aggregate concrete panels, burnished concrete block, integral colored split face (rock face) and exposed aggregate concrete block, cast -in -place concrete, artificial stucco (E.I.F.S., Drivit), artificial stone, fiber- reinforced cement board siding with a minimum thickness of /4 inch, and prefinished metal. It is Staff's recommendation that Buildings A thru L have at least all four sides with at least 50% of their wall facades in Class I materials. Building N should have its northerly and easterly faces with at least 50% of Class I and all others up to 25% of Class II materials. Buildings P & Q should have their front facades with 50% of Class I and all others faces with at least 25% of PC 04 -28 -11 Page 7 Class II materials. Walmart (addressed later) is proposed for at least 50% of its front fagade with . Class I and all remaining at least 25% of Class II. Staff is also contemplating or searching for an agreeable architectural panel that would fit within this PUD. At this point, we may need to have this item resolved after PUD Plan approvals with the understanding Staff and the Developer will work on finding or selecting an acceptable architectural panel. Staff has also directed the consultants to revise the Shingle Creek Crossing Exterior Elevation images which illustrate the "CMU (concrete masonry units) Bases" with the preferred ledgestone or "Simulated Stone" materials currently shown on various areas. Staff noted with the Developers at a previous meeting that it should be prudent to modify some of the standards or verb terms in the guidelines (e.g. "should" and "may" to " shall " — along with "should be /are encouraged" to " shall be required "). It is recommended that the Planning Commission continues its previous review form the March regular meeting and provide input or direction to the Developer and city staff of any revisions or modifications to this guideline. These ADG's will be part of the PUD final documents and will provide the necessary tools and reference to resolving building and site issues once the project is underway or in the process of developing out in the future. Staff continues to review these architectural guidelines to ensure that the Town Center image will be enhanced with the development of the out parcels with particular attention to building profiles, building height and streetscape appearance. DETAILS TO THE ENTRANCES AND INTERNAL STREETSCAPING COMPONENTS Further review and definition of the internal streetscaping (lighting, landscaping, and pedestrian movement) which are part of the EDA's public participation to enhance the project and will promote the Town Center image, identity, and ease of internal circulation of vehicles and pedestrians. • An overall plan which highlights the Bass Lake and Xerxes Avenue streetscape improvements (street lighting, boulevard treatment and trail & transit improvements) with the design considerations for the entrances and main internal drives. • The possible enhances to the street lighting poles to accommodate banners, flags, and flower baskets to enhance the overall PUD and attractiveness of this Town Center. ENGINEER'S MEMORANDUM DATED APRIL 25 2011 Attached is an updated copy of the City Engineer's memorandum which identifies concerns and issues which will be addressed with future site plan submittals. Conditions required by the City Engineer should be made part of any approvals. Please note some or most of these conditions will be reviewed and approved under separate site and building plan reviews for each future lot improvements within the project area, whereas other conditions can be made part of the preliminary plat approval under separate consideration. Other conditions or improvements may be subject to further review and approvals as part of any future platting or PUD amendments (if necessary). PC 04 -28 -11 Page 8 • SHINGLE CREEK DAY - LIGHTING An option that would provide a full day- lighting of Shingle Creek and the removal of the two 12'x12' concrete box culverts has been discussed and is now in the feasibility study stage. The concept involves the City, Hennepin County and Watershed and is nearing completion for official submittal. The applicant has identified this area as part of the second phase of development and it does not interfere with proceeding with the scheduling of Phase I improvements. Staff has included for the Commission's review portions of the "Daylighting Shingle Creek Framework" planning document and its related framework brochure, created in September 2008 and adopted by the City in January 2009. This preliminary vision and implementation plan was created to provide a basic plan to help set the tone, vision and implementation for future daylighting of Shingle Creek through the Brookdale Mall site, plus the related amenities and aesthetic enhancements along its corridor. As illustrated on the Alternative Plans, the daylighted creek bed is shown with smaller scaled developments on one or both sides, along with trail and landscaping improvements. This Shingle Creek Crossing PUD plan as submitted by the Developer essentially follows or meets the basic principles and design guidelines established by this framework. PROPOSED SITE AND BUILDING PLAN (Walmart only) The proposed Site and Building plan provides for the orientation of the building to face inward towards the central part of this large PUD development. The new Walmart store is shown with a 181,943 sq. ft. footprint. The store will be served by a large expanse of parking, with 909 spaces dedicated to this user. The parking will accommodate customer (706), employee (182) and handicap accessible (21) spaces. The parking lot will also provide for 36 cart corrals. The store will be accessed from the two main access roads comin g off Xerxes Avenue and Bass Lake Road respectively. Customers coming off Bass Lake Road will be allowed to enter onto the east /west (central) roadway, or continue southward to the entry point located near the northeast corner of the store. The vehicles entering from Xerxes will be able to make a number of entering choices along the east /west central roadway due to the large number of access points coming off the individual drive aisles in the parking lot. Walkways are located along the outer perimeters of the parking lot and along the front edge of the building. A larger, centrally placed walkway will be provided to allow pedestrians to walk safely through the parking lot, from the mid -point of the store front to the retail /service uses to the north. Walmart will be served by a number of loading bays /truck wells to the rear of the building. The site plan also illustrates an organic dumpster area and bale and pallet storage areas. As noted in the PUD analysis, staff has not reviewed and details or specifications to these storage areas. Staff is requiring the Developer /Applicants to provide those details as part of conditions of approvals. PC 04 -28 -11 Page 9 The store will also provide a dual lane drive -thru for its pharmacy. The consultants shifted the chiller units to allow more stacking space for vehicles as they enter into the drive thru. The dual lanes will provide vehicles to access the lane closest to the building with an alternative route for vehicles to enter alongside and bypass the waiting vehicle at the first window, cross over the main lane and pull up to a secondary window. The architectural elevation plans do not provide an illustration of this drive -thru feature, but the sign program plans provide an indication that this area is to be a covered drive -thru. Although a bit unorthodox in design, Staff finds no reasons or requirement to deny this improvement and will allow the Walmart to install the drive -thru as shown on the PUD plan. Staff requires more details on this drive -thru and covered area and may request final approvals be deferred until final PUD agreement approvals. • ARCHITECTURAL ELEMENTS The applicant proposes architectural treatment on all four sides of the building, which is consistent with the Architectural Design Guidelines submitted by the Applicants. The architectural treatment of the building includes a multitude of different materials and features, including decorative ledge stone, EFIS (exterior insulation finishing system - sometimes referred to as synthetic stucco), precast concrete panels, quick -brik brands, concrete masonry locks spandrel lass and re- fabbed metal awnings. These materials Y � P g p g and colors have been created to break -up the flat, massive wall spaces, straight lines and add depth, texture and dimensions to these large wall space and roof lines. These varying and quality of materials provides substantial improvements to the overall design and character of the old, typical blue or brown colored tip -up wall panels of the old Walmart stores built in the past. Planning staff has offered to allow the Applicants the ability to reduce some of the architectural elements to the rear of this building, with the understanding more Class I building materials are added to the store's front and corner areas. As part of this option, staff would require as a trade -off the installation of additional and larger (taller) landscaping materials along this rear area, especially around the pond areas. Staff is suggesting the "integrally colored CMU split -faced `cream "' material wall, located between the "Home & Living" and "Market & Pharmacy" entrances be replaced with a cream or white brick material. We may also request the "pre -cast panel `buff Napoleon "' on each end of the building front be revised with an acceptable architectural panel that is agreeable to staff and the Developer. However, if the Planning Commission feels this panel as illustrated on these elevation plans are suitable and adequate for this store, we will defer our judgment and recommendations accordingly. • UTILITIES Sanitary sewer and municipal water services will be provided from either existing city main service lines or new stub lines installed by the applicant. The building will be served to provide both domestic and fire - sprinkling services into the building. The grading and utility plans have been given preliminary review and appear to be consistent with general engineering practices and typical construction methods. PC 04 -28 -11 Page 10 • LANDSCAPE PLAN The landscape plan provides for the planting of a variety of deciduous, ornamentals and evergreen trees or shrubs. Most of these plantings are limited to areas along the walkways, the parking lot planting islands, and the rear pond areas. All landscaped areas are to be maintained or have on -site irrigation systems. This landscape plan may need to be adjusted if or when the Developer elects to provide additional screening or landscaping materials as part of the building material swap -out or as part of the loading area issues addressed previously in this report. Staff has requested the Developer provide a man -made water fountain/spout feature as part of the large ponding area to the rear of the building, to serve as an additional water feature element for aesthetic reasons. At this point, the Developer is electing not to install such a feature. Once again staff requests the Planning Commission discuss or determine if this feature is necessary or even desired on this site. Planning staff will ensure that any landscaping provided, pond /water features, or necessary adjustments will be adequate and provided for in the final construction or PUD documents. • LIGHTING The photometric plans illustrate the location of the larger 39 -ft tall lights in the main parking areas. Staff anticipates these lights will be down - cast /cut -off style light standards. The site is also improved with smaller 16 -ft. tall pedestrian lights along the trails and walkways. The building plans or lighting plans do not identify decorative light fixtures to accent the building front and sides. These accent lights, in conjunction with the typical ped light can provide ambient lighting for the abutting walkways. • SIGNAGE The PUD ver lans included a detailed sign program plan. The site plan and sign plan P Y calls for two 41 -foot high "major freeway pylon" style signs along the right -of -way edge of H 100. These signs are not limited to Walmart as the also provide individual �'Y g Y P tenant signage spaces. Larger mayor pylon signs for tenant sign space are placed at or near the entry points into the overall development. Smaller monument style signs for individual tenants are spaced accordingly to the their respective lot improvements. The front wall signage for the new Walmart is limited, with a larger "Walmart" identifier sign with accompanying golden - yellow sunburst logo above the main entrances. Secondary sings are located or limited to the other portions of the store, such as "Outdoor Living ", Home and Living" and "Market and Pharmacy ". The pharmacy drive -thru is also improved with smaller identification signage. The rear portion of the building is limited to a single, "Walmart" with sunburst logo. No other signage is proposed, and staff commends Walmart (and Developer) in minimizing signage to the rear of this large building. PC 04 -28 -11 Page 11 PUBLIC HEARING & FINDINGS A public hearing on the proposed Shingle Creek Crossing /Brookdale PUD was advertised and notices were sent to surrounding property owners within 300 feet of the subject site for the original April 14, 2011 Planning Commission meeting. Due to the recent inclusion of the Sears property into the PUD, this hearing was postponed to the April 28, 2011 regular meeting. The guidelines provided in Section 35 -208 of the PUD provisions provide that the City Council shall base its actions on the rezoning upon the following criteria: 1. Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The findings and the special conditions of approval for the general development plan will be g p pp g p p included in both Planning Commission and City Council resolutions. In addition, the City Council may attach such other conditions to its approval as it may determine to be necessary to better accomplish the purposes of the PUD district. RECOMMENDATION Staff recommends the Planning Commission carefully review the new application request for Planned Unit Development, along with the Site and Building Plans for the new Walmart facility, consider the information contained inside this planning report and its attachments, and determine or require additional conditions as may be necessary. Whereupon consideration and review, Staff further recommends that a motion be made to approve this application by adoption of Planning Commission Resolution No. 2011 -05, a Resolution Regarding Recommended Disposition of Planning Commission Application No. 2011 -009, a Request for Planned Unit Development approval, along with the Site and Building Plan approvals, submitted by Loren Van Der Slik (for Gatlin Development Company) subject to the conditions of approval outlined in the resolution, and which may include additional conditions as per the Planning Commission. PC 04 -28 -11 Page 12 MEMORANDUM DATE: April 25, 2011 TO: Gary Eitel, Director of Business and Development Tim Benetti, City Planner FROM: Steve Lillehaug, Director of Public Works /City Engineer Bruce Johnson, Engineering Department Supervisor SUBJECT: Shingle Creek Crossing PUD Review (revised), City of Brooklyn Center Public Works Department staff reviewed the following PUD documents submitted for review for the proposed Shingle Creek Crossing Development: PUD plans dated April 2, 2011 The following are comments and conditions of approval for the referenced PUD documents: 1. All buildings must maintain an adequate setback from the property lines as required by state building /fire code for ease of future property and maintenance rights. Final property lines will be subject to final City review and approval conditions of the Preliminary Plan and Final Plat. The only locations that zero lot lines should be acceptable would be in locations where buildings have common walls. 2. The easterly property lines and public easements for Sites M and Q must be further reviewed with updated site plans to ensure adequate separation from the creek features. Updated plans will be subject to final City review and approval conditions of the Preliminary Plan. 3. The "full" daylighting of Shingle Creek is desired through the entire site including the removal of the existing twin box culverts. Should these remain, the box culverts will remain the full responsibility and under the ownership of the property owner. Daylighting of Shingle Creek elements are recommended to be revised to incorporate the creek as more of a feature that is fully integrated into the development as represented in the Hennepin County's Feasibility Study pertaining to Daylighting Shingle Creek. Should the full daylighting plan be pursued, further discussions will be required with the developer pertaining to easements and responsibilities for the full daylighting project. Any update to the plans will be subject to final City review and approval conditions of the Preliminary Plan. 4. The easterly Kohls entrance from County Road 10 must be closed. Closure of the access supports the City's and County's roadway access management goals and also eliminates the trail safety conflict with this skewed access driveway. Adequate full- access is provided at the Shingle Creek Parkway intersection. 5. Revise the westerly main internal roadway connection along Xerxes Avenue extending north from 55 Avenue so the main traffic route is channelized, directed and connects to the main internal roadway directly adjacent to the building southerly of the turn lanes area at the connection at 56 Avenue. The north parking lot access point should be closed within the turn lane area. Updated plans will be subject to final City review and approval conditions of the Preliminary Plan. Shingle Creek Crossing Page 2 of 2 PUD Review Memo, Revised April 25, 2011 6. The major access routes exhibit must include defined truck routes on the sites east of the Shingle Creek Parkway extension (e.g. Kohls and the City owned property). 7. Add an internal sidewalk connection where there is a missing segment on the north side of the main east -west internal road system between the northeast corner of the existing building /retail shops site and Site K. Reconfiguring and minimizing access points within the parking lot along this area may be needed to accommodate a safe pedestrian route. Updated plans will be subject to final City review and approval conditions of the Preliminary Plan. 8. All loading dock and truck turning /backing areas must be fully separated from public customer parking areas, must not direct or invite public parking ingress /egress routes through loading dock and turning /backing areas and must not encroach on main drive aisles. Final access routes and turning movements for all loading dock areas will be subject to final City review and approval conditions of the Preliminary Plan. 9. A cross - access agreement is needed between Site N and Sears due to the location of and access to and from the loading dock area for Site N. 10. The proposed dual drive -thru window layout with crisscross access must be further reviewed to ensure adequate, safe operation. The drive -thru layout will be subject to final City review and approval conditions of the Preliminary Plan and Final Plat. 11. Show and dedicate easements for all existing and proposed public trails and streetscape improvements as necessary. Easements will be subject to final City review and approval conditions of the Preliminary Plan and Final Plat. 12. Temporary and/or permanent easements will be needed to construct the proposed segment of private sanitary sewer service line for Site N along the Sears property. 13. Provide better, more detailed plans for boulevard landscaping between the existing trail and existing parking lot along Xerxes Avenue south of 56 Avenue. 14. Provide boulevard and landscaping elements along the portion south of the ring road along the southerly portion of the site. All items, recommendations and conditions are preliminary planned unit development review comments and are meant to represent and guide the future planning and development of site plans and the corresponding property plat and easements. All conditions are subject to further review, revision and approval as part of any future platting and site plan review. g: \engineering \development & planning \active development projects \shingle creek crossing 2010 \communication \project review & conditions \110425_final rev pud review memo.doc s • • OQ OQ� n `�(� ' , �•"� �� ,/ `.. ..1 tr — lt4 HlDIrl11111A • / O` n.� `�J �'1,., � _ � _; • -... 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(ro «E.Rm, w ARRR AwR..[ «x wRw.E xRw.r . v ® PuR.Ax «, sEE Z _ w Wm R �® Ex .R�R u� x 3 I� ;1 x ��� / TouE wsnmom .R[. uusi Ewen xw ® _ R•P P^o oa /xx /aon O s [aaeA sax Rnu °"o.i[ci xo. o F ® eosa3ool . ' / OV9/�EEOEn ® - ORA,[R MA «AG[u SlSET NWIBER o s m s ar i ELnsoroe u BASS LAKE ROAD aR s z O - - -- 6 2 ,E _- . -. ._ _. __ ,.. - - - - - - ••. - l — IFii esF � F F• y \ FFE•e51A f ' FFE 1' O ': `� o 0 F O TUREANC . -. Q_ 151 !, _ eMA - _ OIe� 1 5 O KOHL 4 • 855 yti � OK �,= � - � �+ a y l _ @ e1Fe -> \ '[• CF 17'F CONLRET E � � g• , :•` /` 1 r,'.\ .?. ., e, ERMIONOONIROL S? � R` �Y•f r \ / I I O f41,"ONOfIF j � / � �'Y�". FFE•Ne! I � MdIDMWl :1ii T>� • SITE FEATURES tl d�• - ^� � ' ® E�n. ! �-► RnFClwx a ovmwo nm m 3 - EXISTING _ u- a Dx-- sue -eevx G BUILDING: Q ; fll8�i ;GL j' PADPERT, RETAIL A r.xr.rx...... PAwossD uM,s a DrsTUxelxcE '+ c F \ SHOPS ® - STORE #5625-00 O �\ tl $ w �'y " 943 S. SGL -NO —611' a - \�, p'r�'rrrrl, Ensmw eu EO.,c 3 � 0 g•A ,`„` - 181,943 S.P. 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SE,.�AT R.Lx 04 -------- ----- 1 --------- E5 COUNTY RD NO 10 f6 --- ------- - --- -------- 2'= 10 BASS LAKE _7 ------ ............ is "(D) 2 15" D C ULV ER T j A 15- $ TORMCEPTOR 18' 15 -rl 5 A , In ' " K 5"- PROPOSED DAY-LIGHTED SHINGLE CREEK ¢ 4 { O / v 24" as A STORMCEPTOR I -, , . � c= - 15 0 .: STO C3 ST CEPTOR 15" 136" CULVER EXISTING SEDIMENT / 26• �43- TRAP EIZ' g �_ /A Y s�i j 18r" 18" 21 CULVERT 1 X.-STORMCEPTOR " ISTtNG 15" -6 36 OF O 1 4 1 6" \: -C - - - 15" LIKAINto KUVP 36" x, EXISTING BUILDING. Vbhnartl" STING 21 91 I� RETAIL STORE #5625-00 , I I'. STORMCEPTOR SHOPS � . I C-1 SO-SGL-NO 181.943 S.F. CAPPR z U, 48 oo U) w 0 z W 2xlr W .... EMSTING 4 Zo SEARS (MOT IN RUNOFF RATES LU 0 0 F- C�F,) - 1 — �O`S) —y" z U) 30,6 CONTRAICTI 48 1') 1'F ' :, '`• �� / I PROPOSED 9436 2, 1 2D4 0 1 �lp I of .93 RUNOFF VOLUME E z z o VOLUM A —IG ro m - —03 1 2-1 (�I)_ U) z a 0 X LU LEGEND c Z F Lu >— PROPOSED PRIVATE STORM SEWER W V ,'H 'IV POND DATA TABLE VOLUME AF) (FT) - - - LU - - - - PROPOSED PRIVATE 6" PERFORATED PVC PIPE Z AL TWA PROPOSED STORM SEWER INLET c) o PROPOSED OR VA ON TIR P O TREATME N O PROPOSED STORM SEWER A,,.— `N (FT) /BOTTOM 0 ( ELEVATION (FT) A PROPOSED FLARED END SECTION (9 F 0 P O ND ._6 0.0 2. ID 1 II.'. Ll 1. 8 . I . PROPOSED RIP RAP z z POND 3 1 0.160 1 847.28 1 045.110 (UTM) V) • POND 4 1 1.54 847.00 1 839.00 (NWL) DALE r-POrKFF (-IICH S 7-1fl? A % e/ . • • 5 ` a COUNTY ROAD NO 10 /BASS LAKE R OAD _ _.___ T m ` rJ CONNECTTa EFH • g ` 'EXISTING 4 I;r ;f C 6. { \�. •\ CONNEIT F. 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(APPROX.) _ O 2 w 3" DOMESTIC µ J s 7 �o .?n• OJNOP �� H 41. 8" FIRE �� t f ' > } O m ! in a . ry EFH .' ! / \�� ��' ♦ f g X L I✓ ♦ y \\ \�; 1" / / l Noam W H in 1 EXISTING 10' __9 EXISTING FH % �� Z WATERMIUN \ v _ . o +on im O CONNECTION / \\ s� IN / . 6" / ya0 U cOmRAcT) E8" • aP .w' F� U , 6 EFI��" CONNECT FH a \Gr Z z z TO EXISTING •(�G 2 3 X11 i ♦/ �' i� \\ \ 5�P LEGEND 00 G , 1 I t \ ♦ \ \ \ \ C H E%ISTWG WATER PIPE W ! ` f �, ` ; ,\ •;� \� / / / ` PROPOSED POTABLE WATER PIPE W U GATE VALVE IN VALVE BOX (MUST BE H2O } W 1 1 \ \\ �X \/ ♦ Nw TRAFFIC RATED IN PAVEMENT AREAS) V J 0 / - EFH • • FIRE HYDRANT WITH BOLLARD PROTECTION J Q z a O EX EXISTING X -INCH WATER LINE Z w n 3 i t t \ `\ •o• X1. PROPOSED X -INCH WATER LINE co a , \'` " tj \ )q D EFH EXISTING FIRE HYDRANT 04A,611 Y , 11 F PROPOSED FIRE HYDRANT '605 i PUD BOUNDARY 91Eir MINBEN \\ e \ -' 06 -9 ....: K \TK Ev\GATJN DE--ENT\6—K0AX —TER\CA00\EXlI8IT5 \PUD SMPLInM PLANS\07 - UTLITy-SANITARY LAICUT-g 07 Apr 22. 2011 1:061- bY --.—g.,l 3: ao rj r .7 I 1 V m��i • 7 • X m G) m x 1 ZO l " i $ rp gg e L l ) Z1. -Xlo L9 Z Z z M, 0 ' 0 : z m -IZ v b m ; V9 C . > 0 0 Z Z z WILLIAM MATZEK I 1 i CONCEPTUAL DEVELOPMENT g SH INGLE CREEK CROSSING PLANS ,. -4 HIN I , ROOKLY 1 BR OOKLYN CENTER, MN SANITARY SEWER EXHIBIT -z BR SATE 2.2 HENNEPI , 'N Ep" N MINNESOTA SHEET 7 OF 10 I 1 i CONCEPTUAL DEVELOPMENT g SH INGLE CREEK CROSSING PLANS ,. -4 HIN I , ROOKLY 1 BR OOKLYN CENTER, MN SANITARY SEWER EXHIBIT -z BR SATE 2.2 HENNEPI , 'N Ep" N MINNESOTA SHEET 7 OF 10 ------------------ - - - --------------------- - - ------ -- - --------------- ---------------- ------------------- ---------------- - - ------------ - ------- --------------------- T-- - - - - - - -------------- - ---------- COUNTY RD NO 10 BASS LAKE ROAD — --------------- ------ COUNTY RD NO 10 BASS LAKE RDA -7V ------ ------------------- e E)USTING K OHL'S lit A ew 41 EXISTING BUILDING: art W Walm m RETAIL EL SHOPS ST RE #5625-00 q jaj,C-1180�SGL-NO 943 S.F. (APPROX.) W UL > co 0 ULI Z .0 V a :� �- I ---- -j a. LU s .j EL w Z (W EXISTING g SEARS (NOT IN �T) 'S CONF TF 9 z o co � z z o f 0 cri - 5=0 - H 0 z Y- U 99 LIGHT POLE & LU UJI is FIXTURES LIGHT POLE & Z 5 PC (FOOT CANDLES) FIXTURES PHOTOMETRIC NOTES: 4 FIC -j 0 00 (F OOT CANDLE.' I FG w co L 04 PR 25 2011 QI> 113 1606 3 3 001 I*) WE1 N...-R PARKING LOT LIGHTING PEDESTRIAN TRAIL LIGHITNG s 08 p /1 All, - _•� RD BASS LAKE ROAD COUNTY RD NO 10 BASS LAKE ROAD a Imim `lI j (�►..,'_' ��'•�' O (7y')�I 1 I — P I, c�ll Y� • A �,�.\ O yg}' A- �. \ \—+— s •n);` ( = is tr _ O XV Vi w Is { EXISTING • �,' • \ BUILDING• - s t RETAIL WaIMart R SHOPS \ STORE #5625-00 6 101.943 S.F. (APPROX.) I� v M tl € �. a ✓ �,I'� y ' + '\'\ �' i Z W - ..� �\ if PRELIMINARY PLANT SCHEDULE a H a ..����' \' •` SYMBOL QTY COMMON NAME SIZE ROOT W LL .E � .•� y �, �w \:\ : i� � SWAMP WHITE OAK 2CAL B80 LU Z UJ i gCC EXISTING COMMON HACKBERRY 2.6• CAL B&B J a F- B SEARS • ACCOLADE EIM 2.Y CAL B&B J J LU UJI obi CONTRACT) •� OVERSTORy AUTUMN BLAZE MAPLE 2.6• CAL B&B = EVERGREENS TO BE �� DECIDUOUS a Z co e = b RELOCATED WHEN BUILDING ,`�� , OUAIONG ASPEN #20 CONT. U g `p[ ij 'IS CONSTRUCTED ��� /G� BIRCH (SINGLE STEM& CLUMP) #20 CONT. Z NORM SIU( LLAC azB coNr #20 CONT. CI oo EVERGREEN TREES IN CRABAPPLE U m c t Q ' L GROUPING SHALL BE 10.12' IN '� ORNAMENTAL 0. m /'L�71 HEIGHT WHEN IN LLED o DECIDUOUS (9 BLACK HILLSSPRUCE 8'HT B&B Z_ Z E RED PINE 8' HT B&B U) t { � � �`, •� AUSTRANPINE 6 KT B&B 0m EVERGREEN U F VIBURNUM #3 CONT. Z DWARF BUSH HONEYSUCKLE #3 CONT. LU W DEN - DOGWOOD 43 CdJT. W LILAC #3 CONT. w z SPIREA #3 CONT. J i \ \ • NORTH '�'~- DAYLLY 91 CONT J 0 \\ \ KARLFOERSTER #1 CONT. Z 0 z of SHRUB/ PERENNIAL BLACK-EYEDSUBAN N1 CONT _ m lElT t O 2 ' ,I�l ��� C EXISTING TREES (TO REMAIN) P 4 A 04/25/2011 ;e 0 ;e F s , L60633001 `�� • • X09 6 A - ---------------------- - ------- ------- -------- - -- 10 BASS LAKE ROAD RD NO-4B--EIA88+AKE-ROAD qv -- — --------- ---------------------- -j 0 uc �EMaS-TM MET'S "/ A z 7t/ ox, Iv tEl R 31 '. fff f i b E 1 e XISTING BUILDING Walmart*' R ETAIL HOPS STORE 05625-00 LU S C - 80-SGL-NO 787,943 S.F. (APPROX.) DO 0 Z: :9 � � �' 1 � j�� 7111 �� X L D) LU 0 z Z UN a. LU 0 0 °; .,rlj� 44 EX IS STING SEARS (NOT IN CONTRACT) HATCH LEGEND: z z z GARBAGE TRUCK ROUTE Fn n ' (MAGENTA INDICATES TRUCK BODY) U) 0 WB-50 TRUCK ROUTE Ix W -62 TRUCK ROUTE w 9 WB LLI LU NH -67 TRUCK ROUTE LIA p- PA\f1=RAr-KI 14ATr'14 I —1 0 PROPOSED HEAVY DUTY ASPHALT Aq = Do i �I j 1 G i��- / PROPOSED HEAVY DUTY CONCRETE DATE t - -•, �� �,l '� � a/zs/zDTI 0 0 ill III a II M 111"ii In o rl ::. :; 0 'M o 0 G) t: F n,i Z z 8 p c F Z m \'� �. .\ C7 . x� � it I'I Kniley-Horn Elm" z j MIA SHINGLE CREEP CROSSING MAJORACCESS ...... and Associates, c. �- BROOKLYN CE HEMEPIN ROUTES - PUD Nom° sy In • s • ARCHITECTURAL CONSORTIUM L.L.C. 801 N—TNM S-1, SW 220 612J06d000 MM pa'. MN 55101 fu 812fiB2NB00 Q) _ -- GATLIN DEVELOPMENT COMPANY e I - - - _ " aa _ - - - -- - - ' g B t EXI571N6 NORTH ELEVATION arwe Tm � _ _ _ _ _ _ wwls caiaKl � ��• H Ili 111 11 I TENANT _= TENANT __ ��r, -1 ... TEN ANT — Ma,k R&1WW 1Issue WE SHINGLE CREEK a - cANe'r �w,r ` atoav a � PROPOSED NORTH ELEVATION via .re _..._ CR &_ _�_ _ _ SFt6fl BROOKDALE CENTER ,eru 9 EXISTING WEST ELEVATION . rvr REDEVELOPMENT i BROOKLYN CENTER, MN TENANT ..... _' _ Oil TENANT TENANT _TEN NT -_ -_ -1 ic - -� - -- _ EXTERIOR ' [ _ = I ! • _ _ -- — - - - - .Fy: ELEVATIONS wog+ " Fnt.os \pECUwn„>: \e i.v �axorr �aNaaaofl,axN.v+, _. -, c..c SCM TNIel.. io+mal>t oA+ oro6ii 4 PROPOSED WEST ELEVATION �a R vie• . ra Al Architectural Consotlium, L•LC. 2010 ARCHITECTURAL CONSORTIUM L.L.C. 101 NOM THE aeee4 euGe 22a B,2JJ8�10]0 M9nneapoBe, lNl5a/a1 Fm 612fiB2AGA0 ' 1 EXISTING OVERALL EAST ELEVATION --- __ - - -- GEM DEMPOIT COMPAW ---'. ,SEARS ; I. .., µ �, Key Plan I — _ • ! lit l.i: 1. ,��i- ,. ... PROP05ED OVcRALL EAST ELEVATION ��� r. t— exnt 1 " NORTH Mark RW&'on /luue Dale 9 EXISTIN6EA5T ELEVATION Nb• � Ib• OOOlvl9 OIO,tY xTgD - EiPS� _ __ I •E,LWT - -- TENANT TENANT JrMM T em. TEt I f r t uueu -ten e— \em..enica �e 4 PR OP05ED EAST ELEVATI °" n6 SHINGLE CREEK CROSSING BROOKDALE CENTER REDEVELOPMENT L BROOKLYN CENTER, MN EXTERIOR 9 EXISTING EAST ELEVATION OONTINUEDp ELEVATIONS sewers scree _ ! cosari " .ws way. SEARS — � rr. T®WR - _ _ TWIIN! TENANT • - __- -- - TENNR TEba1NT TENANT b � ROPOSED EA57 ELEVATION CLINVMO w•. ro Architect odium, LLC. 2010 ARCHITECTURAL CONSORTIUM L.L.C. -� � nxr� awi _ sot NwN Ti:a sireei. suaezzs eu<aessss MWeapoaf, MN 55901 Fu Bta- 6ab9aB0 7QJMIT TENM TEHNIf cvw GATIIN DEVELOPMENT COMPANY FRONT IDe Key p -n _ I TWOM TENOrr TENMIf T , T t mmw w \ rewmre ,00w w c_ - cM'gn� NORTH S D € R Alerk Rewslon /Issue Dale 1 NPIGAL ELEVATIONS -PAD BUILOIN6 ue o cc.xice�l - - — s�ewbe� �rz TENANT` M r S FNi r nw SHINGLE CREEK CROSSING — — -- BROOKDALE CENTER - - REDEVELOPMENT BROOKLYN CENTER, MN EXTERIOR ELEVATIONS a, ¢GT NlOB6 -- \nn eauac/ TYPICAL ELEVATIONS - MAJOR ANCHOR A3 Architectural Consortium, L.L.C. 2010 EAST ENTRY DRIVE (looking north) S.s ..e• �! L S Y - �•J�:s,4i�Y ti(, �" � S it•^y�5 YV e�. I � SHINGLE CREEK REGIONAL TRAIL SOUTHBOUND MEDIAN NORTHBOUND WALK WEST ENTRY DRIVE (looking south) ENTRY DRIVE ENTRY DRIVE t s+. au5 sr >' � SHINGLE CREEK CROSSING ` 1 jI ROADWAY CROSS SECTIONS APRIL 2011 >i�. w.; Lf's.<,! I t'""'.tt y 1 '1• 51' � rl .. �4y I - -: a'c s�,t Kimley -Horn - GATLIN DEVELOPMENT COMPANY and Associates, Inc. 10IS- Ilf".9ree1 7'1. ". 4N• \E tYS \F SEMI. Di,km T— wee37055 Sr. P.+:n. ST)h'SCi\ 5.511• V4A1 IC NORTHBOUND MEDIAN SOUTHBOUND WALT( T.1:61544(r7104 ''e ( 41, DRIVE ENTRY DRIVE etyt • ENTRY DR • Fat: 615146 -7105 fat � (!6.13eY61`G• % �. ry 3'+I -WALL 5' +A MODIFIED EXISTING WALL WITH B' +l- EXISTING WALL WITH PATIO ARCHITECTURAL CLADDING ARCHITECTURAL CLADDING SHINGLE CREEK OVERLOOK WITH REGIONALTRAIL EDUCATIONALAND INTERPRETIVE SIGNAGE I SHINGLE CREEK CROSSING WATER FEATURE CONCEPT SECTION APRIL 2011 can GATLIN DEVELOPMENT COMPANY 101 Swth Mdn Sued DWk T 3]055 T1: 615446 -7101 F- 615446-7105 ' A • 31 R econnect w*lth Sh The Daylighting Shingle Creels Frame- work Plan envisions a restored creel. in 4p • ,;y�;,.. , ti� T� . ,il+� Brookl} Center (1 -694 to the southern city border) that will: • Revitalize the area's identity • Create an amenity that builds oil toll +; recreational and retail assets. • Catal ze economic development. Y k '' gi ll • Restore a healthy habitat for aytcttic life, 'lobs fN1ll1CWUr1< plan builds on recont- r mendations made in prior studies, details technical feasibility, and provides '� - impI mentati m reeontme n datiouls. Sek tc,,,bcr 11, 2008 Project Vision The framework plan divides the creek into four segments (known as reaches) of similar characteristics and recommends is prt enhancements for each segment as well as implementation tasks and responsibilities. Reaches lA and 2B primarily focus Departr on enhancements that improve the water quality and habitat in a currently degraded waterway. The plan calls for realign- a rep ing the creek through the City's Opportunity Site (Reach 2A) and daylighting the creek through the Brookdale Mall site of (Reach 1B). This ecologically friendly infrastructure will create a unique identity for new retail and entertainment develop - in a reps ment while also improving environmental conditions throughout the site. Feasibih Issue Vision Implementation • Poor water quality • Provide pools and riffles in the Short -Term • Poor wildlife habitat creek to enhance habitat and creek • Develop construction plans and cost estimate for creek • Poor visual connection to creek aeration. enhancements. • Add /remove woody vegetation, • Solicit grants to help find construction. • Debris in creek as needed, along creek to enhance •Remove debris. habitat. • Widen the native vegetation buffer Mid -Term along the creek. • Perform construction. • Creek aesthetic compromised by • Realign the creek through the Short -Term channelization Opportunity Site. • Research Opportunity Site land uses that are financially • High concentration of • Orient new development towards feasible and support the vision. impervious surfaces in adjacent the creek. Mid -Term land uses • Create a pedestrian network in the • Update Opportunity Site Master Vision Plan to • No direct visual connection Opportunity Site that connects incorporate realigned creek, updated land uses and between Shingle Creek Parkway back to Central Park. transportation networks. and creek • Create a stormwater conveyance • Select Opportunity Site developer. greenway that connects the Earle • Solicit grants to help fund construction. Brown Heritage Center to the Long -Term creek. :ANEW • Work with developer to implement Opportunity Site Master Plan. • Buricd Crcck provides no • Daylight creek through the Short -Term mnFnct ameni value for Mall Brookdale Mall site. 1 B ty •Continue discussions with mall owner regarding creek • Mall parking shortage (per • Orient new retail/entertainment daylighting opportunity. zoning) may limit space for towards creek. • Revise code to reduce parking requirements for mall / daylighting creek - Capitalize on the new open space • Box culvert is a barrier to fish amenity. Mid -Term migration • Provide outdoor patios and public • Work with mall developer on site plan review and space. approval. DA • Reconfigure Mall entrance and ring • Solicit grants to help fund construction. road to accommodate creek and Long -Term new development. • Creek daylighting implementation. • Develop multi -use paths along the new creek. • Poor water quality • Provide riffles to enhance creek Short -Term • Poor wildlife habitat aeration. • Develop construction plans and cost estimate for creek • Poor visual connection to creek • Add /remove woody vegetation, enhancements. as needed, along creek to enhance • Solicit grants to help fund construction. •Debris in creek habitat. • Remove debris. • Widen the native vegetation buffer hid -Term along the creek • Perform construction. i I Shingle Creek l Shingle Creek Reaches — Existing Concept Henn. Col f I � Y`y I r �; sr, ity sit 77 C t - Wss O t . • - 1 B ` ,� ' ^�; fir: 1 B I i - � if • _ `\ : .�:1 ��' C', • �' + ' Ln s r 1A4 _ rl• 0- Hennepin County Department of Housing, Community Works & Transit ' *project is a continuation of a study performed for the Hennepin County Contact Information: Patrick R. C;onnoy Department of Housing, Community Works, and Transit that examines the feasibility Senior Administrative Manager of daylighting Bassett Creek, Bridal Veil Creek, and Shingle Creek, which resulted 417 North Fifth Street, Suite 320 in a report titled, Daylighting Creeks in Hennepin County: Recommended Locations for Minneapolis, MN 55401 -1362 Feasibility Study — Cornejo Consulting (2006). 612.348.2215 cell 612.267.7012 fax 612.348.9710 patrick.connoy@co.hetinepin.mn.us Investing in the future Developmeni Hennep Count works to build u - -. P� Y P - I'� `� the tax base of private parcels within \% the County through strategic invest - ments in public realm and infrastructure '? elements. The graphic to the left shows the Hennepin County infrastructure investment strategy. b ,,• ua�a - -- - 1� tea' _- __ -' •} r CR t Of BASS LAKE ROAD o r RETAIL 0.4005E 1 RESTAURANT R4 TRAFFK: ROUNDABOUT L �\ OUEDOOR PATIU ",♦ ' ,� OVERLO - .. - } EN TRY FEATURE' - ORNAA4E Gil. PLANTMGS a400sF r ESTAVMNT OUTDOOR PATIO . BRI DAY- LKiIITEDS111NGLECREEK ' 1 0.4005E f Tn; .±�. � i< •� 1 I >S•�l � ACO SIB RAH. P TRAIL — �% �l`' "r'•;. ®CONSULTING GROUP, INC. Brookiwk Mali crrek kylidhEind oneept ENGINEERS I PLANNERS I DESIGNER S ChopLer 4: Preferred • . _ • Reach 1B Alternative A (see Figure 24) • This concept is based on the assumption that the existing Kohl's store remains in place. Ic • Two new entertainment -based retail buildings, oriented towards the creek, replace Ref's Sports Bar and Grill on the east side of the creek. • The entrance drive from Bass Lake Road is reconfigured to better accommodate the cars stacking at the signal on Bass Lake Road and also increase vehicular and pedestrian safety within the parking lot by minimizing decision points and clarify turning movements. FIGURE 24: Reach t B- Alternative A !' Tf�ANSRSTA r �rrlll.+ .s I '101� I. r V •s `�• 'G1 r.�' BASS LAKE ROAD CR 10 , y F \, PARKING v �� �- — — — —� I KOHUS 1 f 67.000 SF h , \ RETAIL 4th M w DAYLIGHTEO U iT PARK _ %TINGLE CREEK ti* ••. 000* � ISTINGTUNNFLTO ' RF AIN (HIGH FLOWS) �\ t J' A P0TFNTIAL2NDRCCESSDRIVE PESTRIA BIBICYCLE CIRCULATION � w v' 0 100 200 300 k Doylighting Shingle Creek 34 ® f lennepin Ccunty Deportment of Housinq. CommuntU LlJorks & Tronsit Reach 1B Alternative B (see Figure 25) • This concept assumes that the Kohl's store is replaced with a entertainment /office mixed -use development that is oriented towards Bass Lake Road and TH 100. • Two new entertainment -based retail buildings, oriented towards the creek, replace Ref's Sports Bar and Grill on the east side of the creek. • A traffic roundabout is created within the mall parking lot to safely accommodate and organize the various internal circulations routes (i.e. mall ring road, mall entrance drive and access to businesses east of the creek. FIGURE 25: Reach I B- Alternative B ti. TRANSIT STATION •0 __ , Id � turili -r.r - i, irk t i_t •• BASS LAKE ROAD _ — CR 10 - T 41'11= C., ,, ,,,,, � l ?3,500S RETAIL � TRAFFIC ROUNDABOUT ING � i PARK � ` P , ' DAYLIGHTED w SFIINGLE CREEK r.' ^ VISTINGTUNNELTO _ I RHMAIN(HIGH FLOWS) POTkNTIAL 2NO CESS DRIVE PEDESTRIAN K hICYCLE CIRCULATION DALE ' �' , ti p, _ �'�► . - ` Y *, 1 �'; ;; : ,�:'. . ' ,n `� \fit j t t * . k M _ 0 100 200 300 h — - -- - — - - -- 35 I� Framew Chapter 4: Preferred i I Reach 1B Alternative C (see Figure 26) j This concept assumes that the Kohl's store is replaced with a entertainment /office mixed -use devclopment that is oriented towards Bass Lake Road and TH 100. I J Two new entertainment -based retail buildings, oriented towards the creek, replace Ref's Sports Bar and Grill on the east side of the creek. I • A traffic roundabout is created within the mall parking lot to safely accommodate and organize the various internal circulations routes (i.e. mall ring road, mall entrance drive and access to businesses cast of the creek. J i I i FIGURE 26: Re ach I B- Alternative C F arm 1•' - - 1 - - r 1 jSr1STA 1 . 1111 Or BASS LAKE ROAD- _ CR 10 \ _ -�__ ��- '. J • '� %� z00000sr - � C Real _ _ oos ` * PARKING TRAFFIC ROUNDABOUT --� 1 � 'PARKING DAYLIGHTED SAINGLECREEK 8 � VISTINGTUNNELTO r RRMAIN (HIGH FLOWSI� 0 ��� AR11! 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Es <uciuRFOSroNE sPANDREEC�s evoio ` B 'Brawsi�E BB V •.,.._ L., ,.Y ry cPAU.coEORED -D i-1 o• '�'��"� cros ODLOREB E'OPE M RRE 1-1 REDBBYnN FF NAVOI.EON IRE RD BR''AN BY OIOGSiIE Ff NAPoLLON EA RNE Rear Elevation -- rr .22 F • WaImart �'b April 05, 2011 Brooklyn Center,IVIN Elevations 6 e — I WuCBBxL'CHOMFN4DE NnOE BL&C BY gDCABRE BLFNm BV aLOCasnE BLEND By OIDt/SRE Right Elevation oBSrwarvnra 'ioe�m�Ti,'rµEE nre awme �manur " ,woLeoN B " •or+cnEe.• Left Elevation Sign Qty Color Height Illumination Sq.Ft Total Sq.Ft almart 2 White 5'-6" Internal Spark 2 Yellow 8' -0" Internal 298.00 596.00 Outdoor Living 1 White 2' -6" N/A 77.24 77.24 Market & Pharmacy 1 White 2'-6" N/A 102.58 102.58 Home & Living 1 White 2' -6" N/A 72.62 72.62 Pharmacy Drive Thru 2 White 1 N/A 39.88 79.76 Total Building Signage: 928.20 MAQ Walmart 4 do Aril 05, 2011 Brooklyn Center,N Elevatio s 7 Fnm Sds adoption: Member introduced the following resolution and moved its PLANNING COMMISSION RESOLUTION NO. 2011 -07 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -009 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) WHEREAS, Planning Commission Application No. 2011 -009 submitted by Loren Van Der Slik (For Gatlin Development Company) proposes a Planned Unit Development (PUD) to allow the following changes to the Brookdale redevelopment plan: 1. The demolition of approximately 750,000 sq. ft. of the mall including the former JC Penney's, Mervyn's, Macy's and Midas stores. 2. The renovation of approximately 123,242 sq. ft. of the mall located north of Sears with architectural changes to provide exterior identity and access while maintaining an indoor mall component. 3. The planned development of a 402,489 sq. ft. community shopping center /town center that includes a major anchor retailer with groceries, three junior box retailers, six restaurant pad sites, and four multi- tenant retail /service buildings. 4. The day - lighting of Shingle Creek and enhancements to on -site storm water management, landscaping and lighting. WHEREAS, Planning Commission Application No. 2011 -009 submitted by Loren Van Der Slik (For Gatlin Development Company) also proposes a Site and Building Plan approval to allow the construction of a new 181,943 sq. ft. Walmart retail store with outdoor parking facilities, garden center, drive -thru pharmacy and related site improvements; and WHEREAS, Resolution No. 99 -37, established a PUD /C -2 zoning classification for the Brookdale properties on March 8, 1999 and included the following modifications to the development standards for the redevelopment of the Brookdale Planned Unit Development: a) Allowed a 5 ft. rather than 15 ft. green strip at certain locations with a 3 to 3 %2 ft. decorative masonry wall. b) Allowed 4.5 parking spaces per 1,000 sq. ft. of gross leasable area. c) Allowed 60 ft. wide parking dimensions for standard 90 degrees parking and aisle width. d) Allowed two freestanding signs up to 320 sq. ft. in area along Hwy 100. e) Allowed an increase of 15 percent to 20 percent restaurant use without requiring additional parking; and, WHEREAS, Exhibit A, attached to this resolution identifies the commercial uses and intensity of development included in the 1999 PUD application and references the 2004 PUD amendment for a Dairy Queen Chill & Grill, and the 2007 PUD amendment involving the 1 demolition of the Mervyn's site and construction of a 184,000 sq. ft. Super Walmart; and WHEREAS, the applicant has provided the following PUD plans and exhibits, which provide the framework for this Town Center redevelopment to be known as Shingle Creek Crossing: Master Plan, Site Plan, Phasing Plan, Existing Grading Exhibit, Proposed Grading Plan, Storm Sewer Plan, Water Utility Plan, Sanitary Sewer Plan, Lighting (Photometric) Plan, Landscaping Plan, Circulation Exhibit, Major Access Routes, Exterior Building Elevations, Shingle Creek Exhibits for Day- Lighting / Water Features / Bridge Elevation, rendering of the development, Roadway Cross Sections, Signage Program, and Daylighting Shingle Creek Framework Plan (excerpts); and WHEREAS, the proposed Planned Unit Development has been reviewed and found to meet the following PUD criteria for approval of a PUD amendment: I. The plan is compatible with the standards, purposes and intent of the PUD ordinance; 2. The plan is consistent of the plan with the goals and policies of the Comprehensive Plan; 3. The plan will positively influence /impact the neighborhood in which it is to be located; and 4. The plans and exhibits demonstrates the adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. WHEREAS, the Planning Commission held a duly called public hearing on April 28, 2011, whereby a staff report and public testimony regarding the Planned Unit Development Amendment were received; and WHEREAS, the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received and the provisions of the Planned Unit Development ordinance contained in Section 35 -355 and the City's Comprehensive Plan; and WHEREAS, the applicant has provided the Site and Building Plans for the new 181,943 sq. ft. Walmart retail store with outdoor parking facilities, garden center, drive -thru pharmacy and related site improvements, which include the following: Cover Sheet; Preliminary Plat; Erosion Control Plans; Demolition Plans; Utility Sequence Plans; Site Plans and Site Details; Grading and Drainage Plans and Details; Trail Plan and Profiles; Utility Plans; Lift Station Details; Public Utility Plans and Profiles; Photometric Plans; Typical Sections; Landscape Plans and Details; and WHEREAS, the Planning Commission finds that the Site and Building plans for the new Walmart facility are consistent with the General Development Plans of the proposed Planned Unit 2 Development Amendment noted herein. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -009 submitted by Loren Van Der Slik (for Gatlin Development Company) be approved in light of the following considerations: 1. The Planned Unit Development proposal is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance and will allow for the redevelopment of a significant portion of the Brookdale Regional Mall site which is considered to be vital to the stabilization of other commercial properties within the community. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development proposal will conform with city ordinance standards for the most part with the exception of the following allowed variations from the zoning ordinance which are considered reasonable standards to apply to this proposal: A. Allow 5 ft. rather than 15 ft. green strips at certain locations where an appropriate 3 to 3 1 /2 ft. high decorative masonry wall shall be installed to offset negative effects along Xerxes Avenue. B. Allows a reduction in the 15 foot parking setback and 35 foot building setback along Bass Lake Road to offset the dedication of additional right of way for the trail improvements to replace the current trail easements. C. Allow 4.5 parking spaces per 1,000 sq. ft. of gross leasable retail area and 10 per 1,000 sq. ft. of restaurant area rather than the 5.5 parking spaces per 1,000 sq. ft. of gross floor area and one per two seats and employee on a major shift for restaurants. D. Allow the 60 ft. wide parking dimension standard for 90 degree parking rather than the 63 ft. and a 52.5 ft wide parking dimension for 60 degree parking rather than the 57 ft. E. Allow two freestanding signs up to 320 sq. ft. in area along T. H. 100 and two Town Center identification signs (one additional) along Bass Lake Road and one Town Center identification sign on • Xerxes Avenue. 3 F. Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdale 0 based on the uniqueness of Brookdale, the mix of uses and dynamics of multiple stops per person at the Center. G. The Planned Unit Development proposal is considered compatible with the City's Comprehensive Plan for this area of the city. H. The Planned Unit Development appears to be a good utilization of the property under consideration and the Shingle Creek Crossing redevelopment and is considered to be an asset to the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that approval of Application No. 2011 -009 be subject to the following conditions and considerations: 1. Final site plan review by the Planning Commission and approval by the City Council in accordance with Section 35 -230 Plan Approval of the Zoning Ordinance to include but not necessarily limited to parking, building placement, access, internal circulation, pedestrian walkways, site lighting, landscaping, utility connections, architectural treatment, and building signage. 2. Final review and approval of architectural review guidelines and standards of the Planned Unit Development Plans and Exhibits. The approvals of these architectural guidelines shall include building materials identified as either Class I and Class II materials, as noted in the April 28, 2011 Planning Information Report, and may include an architectural panel acceptable to both City Staff and the Developer. 3. The easterly entrance form County Road 10 /Bass Lake Road serving the Kohl's store site is addressed with the conditions of the preliminary plat. 4. Building J shall remain as a retail building site due to the limited number of parking spaces illustrated on the separate platted lot. Any change to a restaurant type use will require separate PUD Amendment consideration. 5. The applicants shall revise the walkways leading into this site from 5 -ft. widths to 6 -foot walkways. 6. The applicant shall install additional bollard /pedestal style lights along the walkway edges, or wall mount, downcast style lighting along the front edges of those buildings that abut internal sidewalks. 4 • 7. A walkway from the Xerxes Ave. entry be installed along the northerly portion of this east /west access roadway to complete the connection over to the main north/south roadway. 8. The walkway to be installed in front of Bldgs. P and Q shall be included in the Phase I plans. 9. Landscape islands or similar breaks in the mid - points or various points throughout the Walmart dedicated parking lot shall be installed. 10. The applicant shall provide details for the proposed "recycling area" to the rear of the Walmart facility as part of the site plan approvals. 11. Any outside trash disposal facilities shall match the building materials of the new buildings and appropriately screened from view. All facilities shall be subject to final City review and approvals as part of any future Site /Building Plan consideration. 12. The proposed dual drive -thru window layout with criss -cross access for the Walmart store shall be further reviewed to ensure adequate, safe operation. This drive -thru layout will be subject to final City review and approvals as a condition of the site plan approval. • 13. Review and approval of storm water management and drainage conceptual improvements by Shingle Creek Watershed Management Commission with final approval before the issuance of demolition and building permits. 14. eview and approval of the proposed intersection improvements at Shingle Creek Parkway and Bass Lake Road by Hennepin County. 15. Review and approval of the necessary grading plans, water and sanitary sewer utility plans, storm water management and erosion control plans, and intersection designs by the City Engineer as a condition to the issuance of permits for construction, grading, or demolition. 16. The applicant shall show and dedicate easements for all existing and proposed trails and streetscape improvements illustrated on the PUD Plans. Easements shall be subject to final City review and approval conditions of the Preliminary Plan (Plat) and Final Plat. 17. Updated plans and amendments will be subject to final City review and approval conditions of the Preliminary Plan. 18. The applicant shall enter into or provide documentation of an executed private agreement with Sears on a cross - access agreement between Site N and Sears to accommodate commercial truck loading areas. • 5 19. The final placement and installation of any sign shall be subject to final City review and approvals consistent with the approved PUD Sign Program Plans. 20. Any updates or major (significant) changes to the proposed Shingle Creek Daylighting Plan and /or its related water features and amenities shall be subject to separate consideration and final City review and approvals in conjunction with a PUD Amendment and Preliminary /Final Plat application. 21. The applicant shall enter into a PUD development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney. Said agreement shall acknowledge the various modifications to City ordinances, the PUD requirements for site plan review, the framework of the PUD (Development Plans and Exhibits), cross parking and access agreements, responsibilities for private infrastructure and roadways and conditions of approval to assure compliance with the approved development plans. Date Chair ATTEST: • Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 6 • • Planning Commission Resolution No. 2011 -06 Exhibit A On March 8, 1999, the City Council accepted the Planning Commission recommendation and adopted Resolution No. 99 -37 which approved the Planned Unit Development /Rezoning application to change the zoning of the Brookdale Mall properties from C -2 (Commerce) District to PUD /C -2. The 1999 PUD development plans provided for the expansion, redevelopment and rejuvenation of Brookdale Center and included the following components: - the reconfiguration of the west end of the mall to include an 89,650 sq. ft. second floor to include a 20 screen, 4,252 seat movie theater; - a 13, 200 sq. ft. addition to the north entrance to the mall for two restaurant sites and a new food court; - 13,000 sq. ft. addition for general retail use and revised entry way along the southerly side of the complex; - a 4,650 sq. ft. freestanding Applebee's restaurant; and - conceptual approval for three other buildings shown on the plan as buildings No. 3 (west of the Northway entrance onto Bass Lake Road) and 4 and 5 ( adjacent to the eastern entrance service road), subject to review and approval in the form of a PUD amendment by the Planning Commission and City Council; and j • - the following PUD adjustments to the C -2 development standards were part of the 1999 PUD Development Plan: - Allowed a 5 ft. rather than 15 ft. green strip at certain locations with a 3 to 3 '/2 ft. decorative masonry wall. - .Allowed 4.5 parking spaces per 1,000 sq. ft. of gross leasable area. - Allowed 60 ft. wide parking dimensions for standard 90 degrees parking and aisle width. - Allowed two freestanding signs up to 320 sq. ft. in area along Hwy 100. - Allowed an increase of 15 percent to 20 percent restaurant use without requiring additional parking. On July 26, 2004 the City Council accepted the Planning Commission recommendation on a PUD amendment for a 4,195 sq. ft. Dairy Queen Grill and Chill restaurant on the site referenced as Building 3 (west of the Northway entrance onto Bass Lake Road.) That proposed development did not proceed and site remained an overflow parking area. On August 27, 2007, the City Council accepted the Planning Commission recommendation and adopted Resolution No. 2007- 112, which approved an amendment to the PUD involving the demolition of the former Mervyn's (Donaldson's) Department Store to facilitate the construction of an 184,600 sq. ft. Walmart Super Center. The proposal involved the creation of a 14.27 acre 11 lot and involved the closure of the Northwa y intersection ( Ma entrance ). 7 �I Planning Commission Resolution No. 2011 -06 Exhibit A On August 27, 2007, the City Council accepted the Planning Commission recommendation and adopted Resolution No. 2007- 112, which approved an amendment to the PUD involving the demolition of the former Mervyn's (Donaldson's) Department Store to facilitate the construction of an 184,600 sq. ft. Walmart Super Center. The proposal involved the creation of a 14.27 acre lot and involved the closure of the Northway intersection (Mall entrance). The proposed development was legally challenged by Sears under the terms and conditions of the Master Operating Agreement for the Brookdale Center and subsequently the application was withdrawn. In 2008 -09, the Brookdale Mall properties were turned back to the lender, formal foreclosure proceedings occurred, the General Operations Agreement for the Mall expired, and the new property owner, Capmark Financial, retained a commercial real estate company to market the property. In 2010, Gatlin Development Company acquired the Macy's Site (former Dayton's lot) and entered into agreements with Capmark Financial to acquire the balance of the Mall, excluding the Sear's and Midas lots. In March 2011, Gatlin Development acquired the rights to the Midas parcel property, thereby securing its right to add said parcel into the PUD Amendment application. 8