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2011 09-12 CCP Regular Session
AGENDA • CITY COUNCIL STUDY SESSION September 12, 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 i • CITY COUNCIL MEETING City of Brooklyn Center • September 12, 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 following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. August 15, 2011— Joint Work Session with Financial Commission 2. August 22, 2011 — Study Session 3. August 22, 2011 — Regular Session 4. August 22, 2011— Work Session 5. August 29, 2011 — Joint Work Session with Financial Commission b. Licenses C. Application and Permit for Temporary On -Sale Liquor License Submitted by City of Lakes Nordic Ski Foundation, for an Event to be Held at Surly Brewing Company, 4811 Dusharme Drive, on October 22, 2011 d. An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing; Adding Brewer Taproom License • Y. CITY COUNCIL AGENDA -2- September 12, 2011 e. Resolution Declarin g a Public Nuisance and Ordering the Removal of Diseased Trees f. Resolution Authorizing Execution of a Professional Services Agreement, Brooklyn Boulevard Corridor Study g. Resolution Approving Change Order No. 1, Improvement Project No. 2010 -16, Contract 2010 -I, Shingle Creek Restoration Improvements 7. Presentations / Proclamations /Recognitions/Donations None. 8. Public Hearings a. Proposed Special Assessments for Delinquent Accounts —This item was first read on August 8, 2011, published in the official newspaper on August 18, 2011, and is offered this evening for Public Hearing. 1. Resolution Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls Requested Council Action: Motion to open Public Hearing. . — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt resolution. 2. Resolution Certifying Special Assessments for Administrative Vacant Building Registration Costs to the Hennepin County Tax Rolls Requested Council Action: — Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt resolution. 3. Resolution Certifying Special Assessments for Administrative Fines /Citation Costs to the Hennepin County Tax Rolls Requested Council Action: — Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt resolution. • CITY COUNCIL AGENDA -3- September 12, 2011 b. Certifying Special Assessments for Delinquent Public Utility Service. • Accounts to the Hennepin County Tax Rolls —This item was first read on August 22, 2011, published in the official newspaper on September 1, 2011, and is offered this evening for Public Hearing. 1. Resolution Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls Requested Council Action: — Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt resolution. C. Resolution Vacating Certain Easements Within Lot 10, Block 2, Sunrise Manor; Lot 1, Block 3, Sunrise Manor; Tract B, Registered Land Survey Number 370; Tract A, Registered Land Survey Number 1456; Lot 2, Block 1, Chrysler Realty Addition (Luther site), Hennepin County, Minnesota —This item was published in the official newspaper on August 25, 2011, and is offered this evening for Public Hearing. Requested Council Action: — Motion too en Public Hearing. g — Motion to take public input. Motion to close Public Hearing. • — Motion to adopt resolution. d. Resolution Vacating Certain Drainage and Utility Easements within Lot 2, Block 1, RAINBOWS GARDEN CITY ADDITION (AutoZone site), Hennepin County, Minnesota —This item was published in the official newspaper on August 25, 2011, and is offered this evening for Public Hearing. Requested Council Action: - Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt resolution. 9. Planning Commission Items a. Planning Commission Application No. 2011 -016 Submitted by Loren Van Der Slick (Gatlin Development Company). Request for PUD Amendment to the 2011 Shingle Creek Crossing Planned Unit Development Submitted by Loren Van Der Slick on Behalf of Gatlin Development Company, Inc. The Planning Commission recommended approval of this application at its August 25, 2011, meeting. • CITY COUNCIL AGENDA -4- September 12, 2011 1. Resolution Regarding Recommended Disposition of Planning g g p Commission Application No. 2011 -016 Submitted by Loren Van Der Slick (for Gatlin Development Company) Requested Council Action: — Motion to adopt resolution. b. Planning Commission Application No. 2011 -017 Submitted by Carlein Cloutier. Request for a Variance to Allow More Than Two Accessory Structures. The Planning Commission recommended approval of this application at its August 25, 2011, meeting. Requested Council Action: - Motion to direct staff to prepare resolution of approval or denial. C. Planning Commission Application No. 2011 -015 Submitted by Sears Roebuck and Company. Request for PUD Amendment Approval to the 1999 Brookdale Mall Planned Unit Development, by Incorporating Similar Development Standards Approved Under the 2011 Shingle Creek Crossing Planned Unit Development. The Planning Commission recommended approval of this application at its August 25, 2011, meeting. • 1. Resolution Regarding the Disposition of Planning Commission Application No. 2011 -015 submitted by Sears, Roebuck and Company Requested Council Action: — Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6 -Month Provisional Rental License for 6116 Aldrich Avenue North 1. Resolution Approving a Type IV Rental License for 6116 Aldrich Avenue North Requested Council Action: — Receive staff report. — Motion to open hearing. — Receive testimony from applicant. — Motion to close hearing. — Motion to adopt resolution. b. Consideration of Type IV 6 -Month Provisional Rental License for 5807 Drew 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 -5- September 12, 2011 • C. Consideration of Type IV 6 -Month Provisional Rental License for 6234 Brooklyn Boulevard 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. d. Preliminary 2012 Levy and Budget 1. Resolution Approving a Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable in 2012 Requested Council Action: — Motion to adopt resolution. 2. Resolution Adopting a Preliminary Budget for the 2012 Fiscal Year Requested Council Action: — Motion to adopt resolution. 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. • EDA MEETING City of Brooklyn Center September 12, 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. August 8, 2011— Regular Session • 4. Commission Consideration Items a. Resolution Approving Continuation of Certain Housing Programs and Reauthorizing the Use of Funds from Tax Increment District No. 3 Housing Account Requested Council Action: — Motion to approve resolution. 5. Adjournment • AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION September 12, 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. Residential Driveway Standards PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 2. National League of Cities Service Line Program 3. Progress Reports on Achievement of Strategic Goals 4. School District Discussions/BC Strategic Plan Report 5. Sister City Update 6. Active Living Program 7. Annual Department Year End Reports 8. Garbage Hauler Organized Collection Update — October • 9. Youth Participation Request — October 10. Neighborhood Designations — December 11. Highway 252 Update — 2012 12. Administrative Fines Update — October • 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 JOINT WORK SESSION WITH FINANCIAL COMMISSION AUGUST 15, 2011 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present: BCS Director /Assistant City Manager Vickie Schleuning, Fiscal and Support Services Director Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Koffi Agbossou, Steve Landis, Rex Newman, and D and left at approxi 7:38 Dean Van Der Werf. Teneshia Plunkett arrived at 6:39 .m. y .m. p p pP • CAPITAL IMPROVEMENT PLAN AND CAPITAL FUNDS BCS Director /Assistant City Manager Vickie Schleuning discussed that tonight's meeting was to provide the overall plan for the Capital Improvements Plan (CIP) and Capital Funding. Several changes have been made to the CIP and those changes will be highlighted to help with possible g g policy changes and direction with moving forward for budgeting purposes. Also, there are significant financial issues that need to be addressed this year particularly in the Street Reconstruction Fund Information Technology und Capital Projects Fund and the Building gY � P J g Maintenance Program. Public Works Director /City Engineer Steve Lillehaug summarized the 2012 CIP and highlighted project costs and all the new projects added to this CIP. Fiscal and Support Services Director Dan Jordet summarized the Capital Improvement Fund, Municipal State Aid Fund, Street Reconstruction Fund, Infrastructure Fund, and Technology Fund. As part of this discussion it was noted that staff was looking for direction on what options should be considered for the Street Reconstruction Fund 2012 -2016. The four options discussed included the following: increase the assessment amount for each property in the project; use Local Government Aid (LGA) as available; extend the Reconstruction Program past 2021; collect property tax levy to pay bonds sold for project completion. • 08/15/11 -1- DRAFT The Council and Commissioners discussed the four options and there was consensus that a combination of all four options should be considered at this time. • ADJOURNMENT Councilmember Lasman moved and Councilmember Kleven seconded to adjourn the Work Session at 8:41 p.m. Motion passed unanimously. • • 08/15/11 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION AUGUST 22, 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, 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, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Councilmember Lasman requested discussion on Item 10b, Resolution Approving a Type III Rental License for 7018 Brooklyn Boulevard, in particular whether there should be more consequences for rental property that does not comply with its action plan. She asked whether there should be more of an incentive to follow the agreed upon action plan. Councilmember Lasman commented on the importance for applicants to realize the City Council's intent to uphold ordinance requirements. The City Council discussed this option and agreed a proportionate penalty should be considered to encourage compliance. City Manager Curt Boganey explained the ordinance does not allow for an escalation so imposing a "penalty" would require an ordinance amendment. He described the ordinance's provision for different levels of rental properties and benefit to the property owner in receiving a Type I three -year license as opposed to a Type IV six -month license that necessitates additional scrutiny through inspections and permit fees. He noted the ordinance allows property owners to operate to a lower standard, up to a point, but there is cost associated with not meeting the higher standard. Mayor Willson stated his preference that all rental properties eventually attain a Type I license, which should be a goal of the property owner. He agreed if the property owner is being counter productive, a Type IV rental license should be considered. • 08/22/11 -1- DRAFT Councilmember Lasman pointed out that this action plan was agreed upon by the property owner less than a year ago. She agreed with Mayor Willson that the City Council would like all to • strive to obtain a Type I rental license but maybe for some the incentive is not great enough. Councilmember Lasman supported an additional "penalty" should the property owner not act responsibly in meeting the action plan that had been agreed upon when the license was issued. Mr. Boganey advised an ordinance provision allows the City Council to revoke, suspend, or decline to renew any license under certain grounds. One of those grounds is failing to follow the mitigation plan or not submitting the action plan. Councilmember Ryan agreed with the comments of Councilmember Lasman and expressed interest in looking at the option for the City Council to suspend a rental license so the applicant has time to meet the conditions of the license. He noted, however, that this applicant has met all the criteria for a Type I rental license, except for attending the ARM meetings. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning confirmed this applicant has met all of the other requirements of the action plan and would have been a Type I except they didn't attend the ARM meetings. She explained staff's analysis when formulating a recommendation, noting they consider the severity of the violations and there had been no police calls to this property. The property owner had indicated they were out of town and could not attend the ARM meeting, but did not send a representative or call to ask for alternatives. Ms. Schleuning stated the applicant is not happy the property is remaining a Type III license. Councilmember Kleven noted • that other property owners have indicated attendance of :ARM meetings is a hardship because they are held during the day time. Councilmember Lasman referenced the history of the license process for this property and pointed out staff had to do a lot of "babysitting" with this property owner so nonattendance of the ARM meetings is not the only issue. She commented on the importance of the City Council holding this discussion on camera to assure rental property owners are aware the City Council expects high standards at rental properties and may consider revocation if property owners are not acting responsibly. Councilmember Ryan stated as a matter of course it would not be unreasonable to expect staff to inform the City Council if it became aware that a rental property owner did not follow up on an action plan item. In that case, the City Council could vote to approve with the understanding staff will follow through and be sure owners comply with the action plan. Mr. Boganey stated staff provides its recommendation based on interactions with the landowner and in cases where interaction has not been positive and it is apparent there is a need for stronger action, that is what staff will recommend. The City Council is the licensing authority and staff is just presenting the facts based on interaction with that particular applicant. The City Council indicated it relies heavily on staff's recommendation and asked to be reminded if there are violations, such as this situation, when the license is considered in one year for renewal so the City Council can determine if something more should be considered. • 08/22/11 -2- DRAFT The consensus of the City Council was that it may consider not renewing a rental license if the • property owner's actions result in consuming too many staff resources. Ms. Schleuning noted the City's rental ordinance is performance based, which is unique in municipalities. She described the four types of rental licenses and indicated the majority of rental property is getting better. Mr. Boganey noted this is the first year of the rental license ordinance so the property owners are being educated in its requirements. He indicated if the rental property comes back the second year and improvements are not made, staff's recommendations will consider suspension or revocation. MISCELLANEOUS PULL TABS REQUEST — OAK CITY The City Council reviewed the request of Oak City for the City Council to amend its ordinance to allow Oak City to lease its space to Spring Lake Park Lions, a non - Brooklyn Center non - profit organization, to sell pull tabs, in Brooklyn Center. Mr. Boganey explained the ordinance requires, based on State law, that a certain percentage of revenues from pull tab operations are distributed within the trade area. The ordinance also requires that only a Brooklyn Center based non -profit organization can conduct charitable • gambling (pull tabs) within Brooklyn Center. Mr. Boganey asked if the City Council is interested in discussing an ordinance amendment to allow a non- Brooklyn Center organization to sell pull tabs. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Lasman seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. PULL TABS REQUEST — OAK CITY - CONTINUED The City Council concluded its discussion by reaching consensus that it is not interested in considering an ordinance amendment to allow non - Brooklyn Center organizations to sell pull tabs within Brooklyn Center. 08/22/11 -3- DRAFT SCHEDULE CITY MANAGER'S PERFORMANCE REVIEW • Mr. Boganey stated the City Council is required to conduct a performance review of the City Manager and asked for available dates. The consensus of the City Council was to schedule the City Manager's performance review on October 3, 2011, at 6:00 p.m. MISCELLANEOUS (CONTINUED) Councilmember Ryan informed the City Council of his upcoming surgery and indicated he will be in attendance at the October 24 and November 14, 2011, Council meetings but may request an excused absence from the November 7, 2011, Budget Work Session. Councilmember Kleven congratulated the Police Department on its excellent job to address the issues at Georgetown Park Townhomes, noting management has now hired two guards to improve tenant security. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS PRESIDENTIAL INVITE The City Council reviewed the two drafts of the Presidential invitation and reached consensus to approve Draft #2 pending verification of Erik Paulsen's title and permission of Caribou Coffee • and Surly Brewing Company to be mentioned in the invitation. PUBLIC ART PROPOSAL It was noted the City Council, at its August 8, 2011, meeting had discussed a proposal by the Brooklyn Center School District in conjunction with Mentoring Peace Through Art to paint an anti - graffiti art mural on approximately 1,400 linear feet of the interior face of the Mn/DOT sound wall adjacent to the Earle Brown Elementary School and Grandview Park. The consensus of the City Council was to continue consideration to allow the City Attorney to review the City's Ordinance and offer an opinion on the Public Art proposal. The City Council referenced the City Attorney's memorandum, noting it indicates if the City Council feels that it is in the public interest to allow murals to be displayed as public artwork, an amendment to the Sign Ordinance could be created which would make an exception only for public art murals prepared, created, and maintained by a public entity. However, the City Council would be very limited in its ability to regulate the contents of the art and the protection against the display of material that might not be in the public interest would rely on the ability of public bodies proposing the art mural to exercise reasonable judgment in the public art they display. City Attorney LeFevere explained that legislatively the City Council can allow murals, through a provision in the Code, in the form of public art. • 08/22/11 -4- DRAFT Councilmember Layman stated support for an ordinance amendment that is as restrictive as possible because she thinks this type of public art would limit graffiti. She supported requirements that a public entity would approve and authorize the mural and be responsible for maintenance, and to limit location for artwork at a distance from residential areas. Councilmember Lasman stated she thinks an ordinance amendment can be crafted so there is no misunderstanding, at a future date, and assures the integrity of the City's regulation of signs while limiting the ability to do murals. She supported an amendment to make murals available only in specific cases but not on buildings. This discussion was continued to the August 22, 2011, Work Session meeting. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 7:01 p.m. Motion passed unanimously. 08/22/11 -5- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 22, 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, 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, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the • p g purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Kleven seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:01 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services ban Jordet, • 08/22/11 -1- DRAFT Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development • Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City 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 Ryan moved and Councilmember Lasman seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 3, 2011— Joint Work Session with Financial Commission 2. August 8, 2011— Study Session 3. August 8, 2011— Regular Session 4. August 8, 2011— Work Session 6b. LICENSES AMUSEMENT DEVICES • Mendota Valley Amusement, Inc. 220 Hardman Avenue S., South St. Paul MECHANICAL Appliance Installers of MN 14105 Rutgers Street NE, Prior Lake Residential Heatin g &Air 1815 East 41 " Street Minnea p olis Statewide Gas Service. 201 West Main Street, Waconia RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE II — two-year license) 430963 d Avenue N. Kyle Dalton 5306 Eleanor Lane Cheryl Petersen 5243 Ewing Avenue N. Gary Scherber 5248 France Avenue N. Gary Scherber 6819 Humboldt Avenue N. A103 Passed w /Weather Deferral Raymond Charest 5318 Irving Avenue N. Nathaniel LoChe 6436 June Avenue N. Jenny Pham 5307 Knox Avenue N. Abraham Montemayor 4714 Lakeview Avenue Gary Scherber 6613 Xerxes Place N. Mukhtar Musa RENEWAL (TYPE III —one-year license) • 4707 Eleanor Lane Todd Vlasaty 08/22/11 -2- DRAFT 5637 Emerson Avenue N. Douglas Pederson RENEWAL (TYPE I — three-year license • Y � 6737 Humboldt Avenue N. Humboldt Square Apartments Humboldt Properties LLC 2307 -09 54 Avenue N. Robert Messersmith 5338 Queen Avenue N. Robert Messersmith 3706 55 Avenue N. Mains'1 Properties 507 69 Avenue N. Outreach Six Acres, Inc. 4416 69t Avenue N. Eugene & Diane Wright 5006 France Avenue N. Michael Mohs 5442 James Avenue N. Gerald Stigsell 3 812 Janet Lane Mains' 1 Properties 5740 Logan Avenue N. Lin Shuang LLC 6424 Marlin Drive Charles ling Bright 5201 Winchester Lane Yolanda Michelle Jackson SIGNHANGER A -Sign & Screen Printing Company 708 Lowry Avenue N., Minneapolis 6c. RESOLUTION NO. 2011 -112 CHANGING POLLING LOCATION FOR PRECINCT 1 6d. RESOLUTION NO. 2011 -113 DECLARING A PUBLIC NUISANCE AND • ORDERING THE REMOVAL OF DISEASED TREES 6e. RESOLUTION NO. 2011 -114 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 6f. RESOLUTION NO. 2011 -115 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2011 -10, WEST PALMER PARK BUILDING REPLACEMENT 6g. RESOLUTION NO. 2011 -116 APPROVING FINAL PLAT FOR BRI MAR SECOND ADDITION Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS - None. 8. PUBLIC HEARINGS - None. • 08/22/11 -3- DRAFT 9. PLANNING COMMISSION ITEMS • - None. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON HOUSING COMMISSION Peggy Lynn introduced herself to the Council. Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayor's appointment of Peggy Lynn, 1912 55 Avenue North, to serve on the Housing Commission with a term to expire December 31, 2011. Motion passed unanimously. 10b. RESOLUTION NO. 2011 -117 APPROVING A TYPE III RENTAL LICENSE FOR 7018 BROOKLYN BOULEVARD Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised the owner of 7018 Brooklyn Boulevard received a Type III Rental License on January 11, 2011, on condition of adherence to the Action Plan. However, the owner has failed • to comply with the Action Plan (required attendance at ARM meetings). According to the City's performance based ordinance, if the requirements of the license category and Action Plan are not met, the license renewal category remains a Type III. Ms. Schleuning presented the history of the license process for this property, noting the seven violations found when inspected have been corrected. Staff recommends approval of a Type III rental license based on meeting standards in the Action Plan. Mayor Willson stated the Council held a spirited discussion during tonight's Study Session on this rental license. He noted the Council could choose to reject this license based on the failure of the property owner to comply with the agreed upon Action Plan or consider staff's recommendation to approve a Type III license. Mayor Willson stated he finds it disturbing that it has taken a long period of time, a year, for the owner to get the property into compliance and the action plan in place. Mayor Willson stated he would support staff's recommendation but would like staff to track this property during the term of the license. Councilmember Lasman concurred and stated the Council expects property owners to abide by the agreed upon Action Plan. She indicated she will support a Type III rental license, in this instance, but will be watching to assure the owners are responsible to their agreed upon Action Plan. Mayor Willson noted for the record that the property owner was not in attendance. Councilmember Lasman moved and Councilmember Kleven seconded to approve 08/22/11 -4- DRAFT RESOLUTION NO. 2011 -117 Approving a Type III Rental License for 7018 Brooklyn Boulevard. • Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6765 HUMBOLDT AVENUE NORTH Ms. Schleuning advised that 6765 Humboldt Avenue North was inspected and ten property code violations were cited and ultimately corrected. There have been zero validated police incidents /nuisance calls within the last 12 months. This property qualifies for a Type IV six- month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Kleven moved and Councilmember Lasman seconded to open the Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to close the Hearing. Motion passed unanimously. • Councilmember Lasman moved and Councilmember Kleven seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 6765 Humboldt Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10d. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 3513 47' AVENUE NORTH Assistant City Manager /Director of Building and Community Standards Vickie Schleuning advised that 3513 47 Avenue North was inspected and 18 property code violations were cited and ultimately corrected. In addition, there have been four validated police incidents /nuisance calls within the last 12 months. This property qualifies for a Type IV six -month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on strict adherence to the mitigation plan. • 08/22/11 -5- DRAFT Councilmember Lasman moved and Councilmember Ryan seconded to open the Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Kleven seconded to close the Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Kleven seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 3513 47 Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following: • August 11, 2011, Planning Commission meeting; however, there was not a quorum • August 15, 2011, Budget meeting with the City Council • August 16, 2011, Housing Commission meeting; however, there was not a quorum • August 17. 2011, press conference regarding the Majesty Travel fraud case • August 18, 2011, Brookdale Chevrolet Day celebration, noting they are 'a Centennial Celebration supporter Councilmember Kleven announced residents can sponsor their own brick for $250 at the Centennial Park memorial amphitheater, which is tax deductible. She also announced that Auto Zone opens tonight and is stocked with everything you need for your car. Councilmember Kleven congratulated Joelene Calvert, new owner of Fast Signs, 6098 Shingle Creek Crossing, and announced they will be holding an open house this Thursday with a ribbon cutting event. Councilmember Kleven commented that it is wonderful to see demolition progress at Brookdale and explained the piles of asphalt and concrete will be recycled on the site. Councilmember Ryan reported on his attendance at the following: • August 15, 2011, Budget meeting with the City'Council Councilmember Ryan commended the Luther group for its outstanding support of events in Brooklyn Center including the City's Centennial and Earle Brown Days. He indicated he will be attending the upcoming Brooklyn Center /Brooklyn Park MAC meeting. Councilmember Lasman reported on her attendance at the following: • August 9, 2011, toured the new facility of ITT Technical Institute in Brooklyn Center • August 10, 2011, graduation of 47 children from the Brooklyn Center Safety Camp • August 15, 2011, Budget Work Session with the Council • 08/22/11 -6- DRAFT • August 18, 2011, meeting with Sue LaCrosse to work on the time capsule event scheduled for December 4, 2011, during Holly Weekend, which will be one of the final • events of the Centennial Year. This new time capsule will be opened in 2036. She advised that the old time capsule will be opened and its contents on display. • August 20, 2011, Luther Celebration / Brookdale Chevrolet Day Mayor Willson reported on his attendance at the following: • August 15, 2011, Budget Work Session with the Council • August 16, 2011, met with a constituent, Betty Dudley • August 20, 2011, Luther Celebration event / Brookdale Chevrolet Day Mayor Willson referenced two constituent e -mails that described the well attended and successful Brookdale Chevrolet Day celebration and recognized the contribution of the Luther organization and its great investment in Brooklyn Center with the expansion of Brookdale Chevrolet. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:28 p.m. Motion passed unanimously. • 08/22/11 -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 WORK SESSION AUGUST 22, 2011 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:28 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers /Commissioners Carol Kleven, Kay Lasman, 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, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. PUBLIC ART PROPOSAL — CONTINUED FROM STUDY SESSION • The City Council/EDA reviewed the legal opinion provided by City Attorney Charlie LeFevere, noting the City Council/EDA could take action to amend the ordinance to recognize the distinction of murals as public art instead of a sign. City Attorney Charlie LeFevere explained the definition of "sign" in the ordinance is broad enough to include murals. He referenced his memorandum indicating the City Council/EDA could create an exception and permit public art that is defined in a way to include it only on property created by or under the supervision of a governmental entity. The City Council/EDA indicated it did not want to consider approval of the requested mural if it created a precedence. Rather, it supported action to protect the City by amending the ordinance. Mr. LeFevere explained that if the City Council/EDA agreed the current definition includes murals, then it could go ahead. However, if the City Council/EDA agreed the current definition does not include murals then it could amend the ordnance. The City Council /EDA asked if denying a mural may result in the applicant claiming a violation of first amendment rights. Mr. LeFevere described first amendment protection and explained the sign ordinance does not prohibit signs based on content except in limited ways (off - premises advertisement/commercial billboards). The City Council /EDA noted the current request is for a mural (public art) on the freeway sound wall by the Earle Brown School and all students would participate in its painting, which would 08/22/11 -1- DRAFT improve the image of the City, create pride for students, parents, and grandparents, and be considered "art" not "signage." Mr. LeFevere explained it can still be defined as a sign under the • ordinance and be permitted. However, if the City Council/EDA feels this kind of an artwork mural is appropriate, the ordinance can be amended to allow it. The City Council/EDA indicated it did not want to establish a precedence that would "open the door" to privately generated murals, such as on the side of a commercial building. Mr. LeFevere advised there would not be a prohibition, unless in this section of the sign ordinance. Following discussion, the consensus of the City Council/EDA was to support the pending mural request and direct staff to prepare an ordinance amendment draft that includes the restrictive provisions as recommended by staff and a distance requirement from residentially zoned properties. GRADUATED SANITARY UTILITY RATE STUDY City Manager Curt Boganey introduced the item and reviewed past consideration of a graduated sanitary utility rate. It was noted the City had implemented a new computer utility program and electronic meter system in response to the statutory requirement that all cities adopt graduated rates for water consumption. The City Council /EDA adopted a new rate system several years ago to encourage lower water consumption and had suggested looking at flat rates for sanitary sewer usage as a way to encourage less water consumption through the sanitary system. With the new utility program, the City has more and better data so that option can now be considered. Director of Fiscal and Support Services Dan Jordet presented staff's memorandum and described • issues involved in converting from a flat rate sanitary sewer charge to a rate based on water consumption. He described the basic assumptions used in staff's presentation. Mr. Boganey explained staff used the assumption that the rationale behind the senior rate had to do with seniors consuming less water /sewer services than a family. However, there may have been other value judgments as well. The City Council/EDA expressed its support for the senior rate and noted consuming less water would result in lower discharge to the sanitary sewer. Mr. Boganey answered questions relating to companies that internally treat wastewater prior to discharge. He explained that since the company would be subject to bearing the cost for pretreatment, the City would not be charged more based on that source of the affluent. Mr. Boganey advised the current information indicates such users are not adding higher expenses to maintain the system even though the service is of a larger size. The City Council/EDA discussed the importance of the fixed base charge creating an adequate revenue stream to cover the City's costs to maintain/operate the infrastructure. Mr. Boganey explained that the initial water study identified overhead and fixed costs (as a percentage of the total) that should be equally shared among customers and a variable cost that should be consumption based. Mr. Boganey noted the City can create a very precise and elaborate system; however, the computer software may not be able to implement it. Whatever choice the City • 08/22/11 ' -2- DRAFT Council/EDA makes, it has to weigh the cost of accuracy if it involves costly software to • implement. The City Council/EDA concurred that the rate system should not be excessively costly to administer or need customized software. Staff was asked about common assumptions used to model the amount of water consumption going through the sanitary sewer system for uses such as a car wash. Mr. Jordet advised of the data sources used in staff's analysis and hard data from the City's billing system to create examples. Mr. Jordet explained the standard method is to use winter consumptions to establish a water flow that goes into the sewer system. In the examples being discussed, staff used the winter quarter data to look at the preliminary impact of this type of sewer rate. It was noted that to deal with car washing or lawn watering, residents can meter that water usage so it is not included in the sanitary sewer rate. Mr. Jordet presented a chart depicting fixed base charges of 12 %, 20 %, and 40% as a flat charge to all in addition to corresponding commodity charges of 88 %, 80% and 60% based on a per thousand gallon charge. He explained that no matter what is set up or who pays it, the City needs $3.480 million to operate the system. Mr. Jordet referenced the 2012 flat rate and water usage by number of users within the household and explained how the winter quarter usage would be determined. He then described how a rate could be structured that included flat and commodity charges based on a range of percentages. If • based on the winter quarter usage, a single person's rate will drop from $67.76 to $22.87 based on a 12 %/88% formula. However the cost to a family with high water usage would greatly increase, from $67.76 to $94.59 or $117.41 based on a 12 0 /o/88% formula. In addition, the bus garage, manufacturing uses, and restaurants will have a higher bill because of higher water usage. He noted a shift in the percentage billed between the fixed base charge and commodity charge would moderate the increase /decrease in billing. The City Council/EDA acknowledged that while an argument can be made that the charge should be based on usage some households will see bills double and ask why it is necessary. Mr. Boganey stated the answer would be that for the last several years they have been enjoying a subsidy from other customers. It was noted that under the current rate structure, lower water users are subsidizing rates for higher water users. However, a family of five may be the least able to afford to have its water bill doubled. The City Council/EDA discussed the options for structuring rates and consensus was reached that a ratio of 12% fixed/88% commodity would result in the least impact while still creating a predictable and adequate revenue stream. Mr. Boganey noted the goal is to encourage residents to change behaviors and consume less water; however, the 12 %fixed/88% commodity formula does not create as much incentive as the 20 %/80% or 40%/60% formulas. But, if water consumption behaviors are changed and water usage goes down, the City's revenue stream will also go down and the City will not collect the • $3.480 million necessary to operate the system. Should that occur, there will need to be a fairly 08/22/11 -3- DRAFT significant increase in overall rates. Mr. Boganey noted the more the City relies on consumption for revenues, the more potential for volatility in the revenue stream. • The City Council /EDA discussed the potential impact of a graduated sanitary utility rate and requested staff provide information on the number of households this will impact and how it may impact seniors. Mr. Boganey noted that all who qualify for a senior discount may not take it but with the data the City has for customers who have taken the senior discount, staff could determine their level of consumption as well as an indication on the impact to seniors. Mr. Boganey stated staff can do the same analysis for the whole customer base and a distribution analysis to help answer the City Council/EDA's questions on what percentage of customers are most likely to be impacted the most negatively or positively by these adjustments. The City Council/EDA questioned whether the current rate system needs to be modified if it is providing sufficient revenues to support the system, noting that no one is complaining about the rates or if they are subsidizing other higher users. Mr. Jordet advised that staff does get complaints and one resident is very interested and asking what progress is being made on this matter. Mr. Boganey pointed out that is why an impact analysis is worth doing, so the City knows ahead of time the number of customers impacted. The City Council/EDA indicated it was not convinced the City should change from the current • flat sewer rate and requested staff provide additional information including an impact analysis. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Kleven seconded adjournment of the City Council/Economic Development Authority Work Session at 8:52 p.m. Motion passed unanimously. • 08/22/11 -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 JOINT WORK SESSION WITH FINANCIAL COMMISSION AUGUST 29, 2011 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:32 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present: City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Rex Newman, Steve Landis, and Dean Van Der Werf. Dan Schueller arrived at 6:39 p.m. GOVERNMENTAL FUNDS AND TAX LEVY City Manager Curt Boganey discussed the primary focus of tonight's meeting was to get input on what direction staff should proceed in order to balance the gap of $503,786 for the 2012 Budget. Fiscal and Support Services Director Dan Jordet summarized the revenues and outlined the median value residential tax impacts for 2011 and projections for 2012. There was discussion regarding the Legislative decision to replace the Market Value Homestead Credit with the Homestead Market Value Exemption and shift $690,000 in Brooklyn Center's property tax levy to non - homestead property tax payers. It was noted that it would be beneficial to let residents know about this Law during the budget, public meetings and that more detailed clarifications with numbers for all classifications would be prepared. City Manager Boganey summarized the expenditures included with the agenda materials and stated that at this time the 2012 Budget proposed has no additional staffing requests, all service levels are the same, and the biggest expenditure factors are the two percent employee cost of living and five percent equipment replacement fund increases. There was discussion regarding ways to help balance the budget and some of the suggestions included the following: medical premium costs, consider using a portion of Local Government Aid (LGA), reduce a portion of social services, look into increasing speeding fines, use contingency, look at legal, planning and zoning, and membership fees to see if there is something that can be cut out, • consider ways to get more money out of the Transfer Line item, and reduce the employee cost of living increase from 2.0 percent to 1.5 percent. 08/29/11 -1- DRAFT Discussion continued on all the above suggestions and City Manager Boganey stated that from what he had been hearing would be to use a combination of LGA, revenue increases, and expenditure . reductions with minimal impact on services. Staff will prepare anew proposed budget for review on September 6, 2011. NEXT STEPS Councilmember Ryan informed that he may not be present at the November 7, 2011, Enterprise and Internal Service Funds meeting. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to adjourn the Work Session at 8:38 p.m. Motion passed unanimously. • • 08/29/11 -2- DRAFT • City Council Agenda Item No. 6b • COUNCIL ITEM MEMORANDUM i DATE: September 6, 2011 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk �n SUBJECT: Licenses for City Council Approval •I ��� Recommendation: It is recommended that the City Council consider approval of the following licenses at its September 12, 2011. Background: The following businesses /persons have applied for City licenses as noted. Each business /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL . 3 -1) Heating and Air 7674 Meridian Avenue S, Montrose Air & Furnace Care 4101 93rd Avenue N, Brooklyn Park AspenAir Heataing & Cooling 308 15 Street SW, Forest Lake Elite Contractors 4954 170t" Lane NW, Andover Sabre Plumbing Heating & A/C 15535 Medina Road, Plymouth Schwantes Heating and Air 6080 Oren Avenue N, Stillwater Wolgast Plumbing & Heating 12618 303`a Avenue, Princeton RENTAL See attached report. • Alisslon: Ensuring 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 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 <. Great fan}" �bto�mO `fit 15 Type III —1 Year 1 -2 units Greater than 4 but not more than 8 �f� �� � ��eater�han 1 5 bud nit mc1r��han 3 Type IV 6 Months 1 -2 units Greater than 8 . 1, rw y v d 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 utntsi 0 0 5 or more units 0 -0.35 • Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 Greter'tiiafi'tl 5 but �ooe than 5 or more units Greater than 0.35 but not more than 0.50 V~ Decrease 2 1 -2 Greater than 3 Categories 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. • Mission. Ensuring; an attractive, clean, safe cominunity that enhances the quality of life anal preserves the public trust . d `aua. `` ` �a % }#r✓xhxxf 3?w`;'" R. c '' a NO L� a Propeity anal 3 , ;proper Add;rss �. . T e: -. : nr Inrt�al ,0,, ner ' �l * y ** TypeE5yp . td� es as 410161st Ave N Single Family Initial Long Xiong 2 II N/A II OK OK 1312 68th Ln N Single Family Initial Konrad Wagner 1 II N/A II OK OK 6700 Bryant Ave N Single Family Initial Scott Poppenhagen 1 II N/A II OK OK 5843 Halifax Ave N Single Family Initial Ebassa Berhanu 0 II N/A II OK OK 6769-Humboldt Ave N Single Family Initial Li-Chwen Su 6 III N/A III OK OK 4201 Lakeside Ave N#209 Single Family Initial Robert Morgan 0 II N/A II OK OK 5541 Morgan Ave N Single Family Initial Yang Yang Zheng 1 II N/A II OK OK 5330 Newton Ave N Single Family Initial Jamison Kohout 2 II N/A II OK OK 7156 Unity Ave N Single Family Initial Michelle Shaffer 1 II N/A II OK OK 5547 Lyndale Ave N 1 Bldg 1 Riverwalk 1 4 Units Renewal Dragon Property Management .25/Unit 1 0 1 OK OK 5301 Russell Ave N 2 Bldg 14 2 Sommerset Place Apts 36 Units Renewal Nedzad Ceric .39/unit I .06/Unit I OK OK 4700 68th Ave N Two Family(1) Renewal Chufeng Xiong 0 1 0 1 OK OK 8 5137-39 France Ave N Two Family(2) Renewal Matthew May 4/Unit II 0 II OK OK 509 61st Ave N Single Family Renewal Tim Daniel 2 II 0 II OK OK 4000 61st Ave N Single Family Renewal Jacob Devney 4 II 0 II OK OK 280163rd Ave N Single Family Renewal Thomas Bennett 0 1 0 1 OK OK 2806 65th Ave N Single Family Renewal A-Jelil Abdella 0 1 1 1 OK OK 1335 67th Ln N Single Family Renewal Dennis&Shannon Dane 1- 1 0 1 OK OK 1338 67th Ln N Single Family Renewal Norma Simmonds 0 1 0 1 . OK OK 1600 71st Ave N Single Family Renewal Pavel Sakurets 5 111 0 III OK OK 3819 Burquest Ln Single Family Renewal Amir Chaboki 0 1 0 1 OK OK 5706 Camden Ave N Single Family Renewal Christian Restoration Services 4 II 0 II OK OK 5930 Camden Ave N Single Family Renewal Matthew Joseph 1 I 0 1 OK OK 5408 Colfax Ave N Single Family Renewal Sufeng Zheng 4 II 0 11 OK OK 5214 Drew Ave N Single Family Renewal Paris and Nicole Fadden 0 1 0 1 OK OK 6910 France Ave N Single Family Renewal Sufeng Zheng 0 1 0 1 OK OK 5508 Fremont Ave N Single Family Renewal Charles ling Bright 1 1 0 1 OK OK 6835 Fremont PI N Single Family Renewal Leslie Reynolds 0 1 0 1 OK OK 6349 Halifax Dr Single Family Renewal Charles Jing Bright 0 I 1 1 OK OK 5618 Hillsview Rd Single Family Renewal Nita Morlock 1 1 0 1 OK OK 5527 Humboldt Ave N Single Family Renewal Michael McAlpin 0 j I j 1 1 OK OK a,� '° j.�N^ ,'"' t"«' <.,. ,» 4r� x a \ S Dwelling al., �g Cede, License Police License Unpaid j npaid Pry eit ddress � w , TYp•? � ,or Inlxial Owner ..::. �" _ ���,violations= 'Type CFSs �Type*�*� Ut�ilties� Taxes 6757 Humboldt Ave N Single Family Renewal Saleem Raza 3 II 2 III OK OK 7219 June Ave N Single Family Renewal Christian Restoration Services 3 II 0 II OK OK 7024 Oliver Cir Single Family Renewal Juliana Koe 1 I 0 1 OK OK 6700 Toledo Ave N Single Family Renewal Trenton Potter 0 1 0 1 OK OK 6006 Zenith Ave N Single Family Renewal Keith McConnell 1 1 0 1 OK OK *CFS=Calls For Service for Renewal Licenses Only(Initial Licenses are not applicable to calls for service and will be listed N/A.) ** Final License Type Type I=3 year Type II=2 year Type III=1 year City Council Agenda Item No. 6c • COUNCIL ITEM MEMORANDUM • DATE: September 1, 2011 TO: Curt Bo ane , City Manager g Y Y g FROM: Sharon Knutson, City Clerk SUBJECT: Application and Permit for Temporary On -Sale Liquor License Submitted by City of Lakes Nordic Ski Foundation for an Event to b e Held at Surly Brewin g Company, 4811 Dusharme Drive, Brooklyn Center, on October 22, 2011 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on -sale liquor license submitted by City of Lakes Nordic Ski Foundation for an event to be held at Surly Brewing Company, 4811 Dusharme Drive, on October 22, 2011. Background: City of Lakes Nordic Ski Foundation has submitted an application and permit for temporary on- sale liquor license for an event to be held at Surly Brewing Company 4811 Dusharme Drive, on October 22, 2011. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a non -profit organization for at least three years. The applicant will meet with the Police • Department to review and discuss parking, safety, and security issues. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11 -107 (6) Temporary On -Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12 -month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On -Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 222, St. Paul MN 55101 -5133 (651) 201 -7500 Fax (651) 297 -5259 TTY (651) 282 -6555 • W W W.DPS. STATE.MN US APPLICATION AND PERMIT FOR A I TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF - R . ANIZATION DATE ORGANIZED TAX EXEMPT NUMBER W d , - � I 1 :1!5: STR13ET ADD SS CITY STATE ZIP COD V v %1 2 NAME OF PERSON N1AyJNG APPLICATION BUSINE S P ONE HOME PHONE - r -6 DATES LIQUOR WILL BE SOLD TYPE pF OR TION to CL ALE LIGIOUS O NO OFIT ORGANIZATION OFFICER'S NAME ADDRE ke 41A �- ORGANIZATION OFFICER'S NAME ADDRESS sti �S ORGANIZATION OFFICEWS NAME ADDRESS l k '1(a 2ay- 40 0 L atlon hcense will be used. If an "M de be V'tSU/(j 64 luj -�Vna Will the applicant contract for intoo3dcating liquor service? If give name and address a the liquor f ens providing the service. t--1 JV .P T� it kk� CA U) L t�C 2PrtZ- Wilf the applicant c liquor liability ins ce? If so, please provide the carrier's name and amount of coverage. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COIINTY BEFORE SUBMIT TiNG TO ALCOHOL & GAMBLING 0 �p ENFORCEMENT CIT COUN`r u t)10 f rig' DATE APPROVED CITY FEE AMOUNT 2 - 6 0 LICENSE DATES DA FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event • PS -09079 (12109) i i • Lf� BROOKLYN CENTER POLICE DEPARTMENT 4 MN MEMORANDUM I TO: Curt Boganey, City Manager FROM Kevin Benner, Chief of Police DATE: September S, 2011 i 4 SUBJECT: Police Review of Surly Event Application j I have reviewed the security plan provided by Surly Brewing for their event scheduled for October 22, 2011.1 find no concerns with their plan as provided. • I have approved their road closure permit for this event as required by city ordinance 25 -902. i s ' I i i City Council Agenda Item No. 6d • • COUNCIL ITEM MEMORANDUM DATE: August 30, 2011 • TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing; Adding Brewer Taproom License Recommendation: It is recommended that the City Council consider approval of first reading of An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing; Adding Brewer Taproom License and set second reading and Public Hearing for October 10, 2011. Background: During the 2011 Minnesota Legislative Session, Minnesota Statute 340A.301 was amended to include a provision allowing for properly licensed malt beverage manufacturers (Brewers) to apply for a Brewer Taproom License (this law was known as the "Surly bill'). The Brewer Taproom License allows for the sale of beer brewed by the brewer to retail customers. Nothing in Minnesota Statute 340A.301, Subdivision 6b precludes the holder of a Brewer Taproom License from also holding a license to operate a restaurant at the brewery. • Surly Brewing Company submitted a request to amend the City ordinance to allow for a Brewer Y g p Y q Y Taproom License at its current location. However, Minnesota Statute 340A.601, Subdivision 5 provides that, a city owning and operating a municipal liquor store may issue on -sale liquor licenses to hotels, clubs, and restaurants. Surly Brewing Company does not operate a restaurant and its current brewery would not qualify for a Brewer Taproom License since Brooklyn Center operates municipal liquor stores. Staff recommends amending the liquor ordinance to add a Brewer Taproom License with the provision that the license shall only be issued to a restaurant. The Brewer Taproom License does not provide for full on -sale liquor license privileges; the brewer can only sell /serve their brewed product. If the brewer wishes to be open on Sunday and or until 2 a.m., they would have to apply for and qualify for the additional licenses. It may have been the intent of the Legislature to allow Surly Brewing Company to sell its beer to retail customers at its current location, and it may have been an oversight that law exists which provides that cities operating a municipal liquor store may issue on -sale liquor licenses only to hotels, clubs, or restaurants. During the next legislative session the City may want to petition its legislators to amend the Statute to allow cities operating municipal liquor stores to issue on -sale liquor licenses to Brewers eligible for the Brewer Taproom License as defined in Minnesota Statute 340A.301. • Mission Ensuring an attracti ve, eteau, safe community that enhanees the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: • There are no budget issues to consider. Council Goals: Strategic: 2. We will roceed aggressively with implementation of City's redevelopment plans p gg Y p Y P P Ongoing: 4. We will ensure the city influence at the legislature I . • I • Mission: Insuring an attractive, clean, safe community that enhances the quality of life and preservers the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of October 2011 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. _______________ AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE OF ORDINANCES RELATING TO LIQUOR LICENSING; ADDING BREWER TAPROOM LICENSE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The Brooklyn Center City Code of Ordinances, Section 11-103 is amended as follows: Section 11-103. DEFINITIONS. In addition to the definitions contained in Minnesota Statutes, Section 340A.101, as it may be amended from time to time, the following terms are defined for purposes of this Chapter: 2. Liquor both intoxicating liquor, and 3.2 percent malt liquor, and malt liquor. Section 2. The Brooklyn Center City Code of Ordinances, Section 11-107 is amended as follows: Section 11-107. TYPES OF LIQUOR LICENSES AND PERMITS. The following are the types of Liquor licenses and permits that may be issued by the City pursuant to this Chapter: 12. Brewer Taproom License. This license m license under Minnesota Statutes 340A.301, Subdivision 6(c), (i), or (j) and shall be issued only to a Restaurant. A brewer taproom license authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. A brewer may only have one brewer taproom license and may not have an ownership interest in a brewery licensed under Minnesota Statutes 340A.301, Subdivision 6(d). A brewer taproom license may not be issued to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews ORDINANCE NO._______________ more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this ________ day of _______________ 2011. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 6e • • COUNCIL ITEM MEMORANDUM DATE: September 12, 2011 TO: Curt Boganey, City Manager V 5 FROM: Vickie Schleuning, Assistant City Manager/Director of Building & Community Standards SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of diseased trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of diseased trees that were recently marked by the City tree inspector. The City of Brooklyn Center • has maintained a policy of removing and properly disposing of diseased trees in order to prevent tree diseases from spreading throughout the community. The removal of diseased trees is defined in City Ordinance Chapter 20 -301to 20 -306. Although the City has historically focused on Dutch Elm disease, other transmissible diseases and infestations are addressed as well. Property owners are given the opportunity to remove the diseased tree on their own or enter an agreement to allow the City to remove the diseased tree. Where an agreement with the property owner is executed, a minimal administrative charge of $50 is applied to the costs associated with the tree removal. After a diseased tree is declared a public nuisance by the City Council, another Compliance Notice will be provided to the property owner allowing additional time, at least five days, for voluntary correction, again providing an option for an agreement with the City. If the property owner does not correct the violation or enter into an agreement, the City will remove the diseased tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The City's share of the cost of removal for diseased trees within the public right -of -way and on City property is included in the 2011 budget under the Public Works Forestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the • respective property owner, and if unpaid, is specially assessed to the property. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Council Goals: COUNCIL ITEM MEMORANDUM Strategic: We will encourage city -wide environmental sustainability efforts. Ongoing: We will provide streamlined, cost effective, quality services with limited resources. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20 -301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the properly owner; and WHEREAS, removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance. Property Owner Property Address Tree Type and No. Scott M Trenda 3825 Bur quest Ln Elm 68 Jeremiah Gillesby 5709 Brooklyn Blvd Elm 69 Zachary Evers 5717 Brooklyn Blvd Elm 69 Robert T Basel 6207 Beard Ave N Elm 70 2. After twenty (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with City Codes and Minnesota • Statutes Chapter 429. Date Tim Willson, Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • I City Council Agenda Item No. 6f • • COUNCIL ITEM MEMORANDUM DATE: September 6, 2011 TO: Curt Bo ane City Manager g Y� tY g FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Authorizing Execution of a Professional Services Agreement, Brooklyn Boulevard Corridor Study Recommendation: It is recommended that the City Council consider approval of the resolution authorizing execution of a Professional Services Agreement, Brooklyn Boulevard Corridor Study. Background: On June 13, 2011, City Council directed staff to proceed with solicitation of request for proposals (RFP) regarding this study. City staff collected proposals from three consultants that would be able to provide the professional services needed to perform this corridor study — Bolton & Menk, Inc., WSB and Associates, Inc., and SRF Consulting Group, Inc. A five person team made up of City and County staff evaluated and ranked the proposals (see attached RFP Summary Averages). Based on project understanding, work plan, background and experience, staff is recommending SRF Consulting Group, Inc. to provide the needed professional services. SRF Consulting Group, Inc. is available to start immediately to move forward with the corridor study over the next 12 months. Budget Issues: ues: The contract amount would be in the amount of $190,015.00 (see attached contract). On August 8, 2011, the City Council approved a modification of Tax Increment Financing Plan for Tax Increment District No. 2 pertaining to eligible tax increment activities including $150,000 for the Brooklyn Boulevard Corridor Transportation Study and $60,000 for other EDA authorized transportation/land use studies. Funding for the full amount of the Brooklyn Boulevard Corridor Study is proposed by using these two designated allocations. Council Goals: Strategic: 2. We will proceed aggressively with implementation of City's redevelopment plans 5. We will continue to maintain and upgrade City infrastructure improvements Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT, BROOKLYN BOULEVARD CORRIDOR STUDY WHEREAS, the City of Brooklyn Center's Comprehensive Plan includes a goal of making major street corridors and other public spaces highly attractive; and WHEREAS, the City of Brooklyn, Center's Comprehensive Plan indicates that reaching consensus on a vision for the section of Brooklyn Boulevard south of I- 694/1 -94 that would then be translated into design parameters should precede redevelopment of land area along Brooklyn Boulevard; and WHEREAS, performing a corridor study for Brooklyn Boulevard will provide guidance for future transportation, redevelopment and streetscaping improvements; and WHEREAS, the City desires to complete the proposed corridor study for the Brooklyn Boulevard corridor in 2011 -2012; and WHEREAS, City staff has negotiated a professional services agreement with SRF Consulting Group, Inc., to provide for the professional services needed to perform said corridor study. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the City Manager is hereby authorized to execute an agreement for professional services with SRF Consulting Group, Inc. in the amount of $190,015.00 to provide professional services for the Brooklyn Boulevard Corridor Study. September 12, 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. RFP SUMMARY AVERAGES ITEM Bolten & Menk SRF WSB 6 1. Statement of Objectives, Goals and Tasks In Easy to understand 4.2 4.8 4.2 lb Well thought out 3.8 4.8 4.2 Ic Big picture? 3.6 4.8 4.2 Id Outline reasons why your firm should be selected. 1.8 2.2 1.2 SUBTOTAL 13.4 16.6 13.8 2. Deliverables 2a Does firm have a comprehensive list of deliverables? 8.6 8.6 9 2b Deliverables are organized to produce results? 4 3 4 SUBTOTAL 12.6 11.6 13 3. Background and Experience 3a Firms similar and applicable project extierience within last 3 -5 ears? 3 3.6 2.8 3b Planning considerations from similar project ex erience vart of a roach? 2.2 2.8 2.6 3c Project Manager qualifications and applicable experience 3.2 3.2 3.2 Is it implied or stated that the Project Manager 3d has full decision making responsibilities and is fully committed to this project? 3 2.4 2.6 Project team members: Previous experience? 3e History with Brooklyn Center and/or Hennepin County? 4 4.6 4.2 SUBTOTAL 15.4 16.6 15.4 4. Work Plan 4a Does firm have a project understanding and g ood a roach? 6.2 5.4 6.4 4b Major tasks identified? 7 7.8 7.2 Does the proposed coordination with 4c stakeholders match Brooklyn Center and Hennepin County needs? 5.6 7.8 5.8 4d Did this firm state that schedule can be met? 1.8 2 2 Has this firm proposed a detailed and logical 4e schedule with key milestones identified? Does the schedule benefit the project? 6.6 7 7.6 Does the work plan acknowledge that 4f consensus building is a key element of the study? 5 5.4 4.2 SUBTOTAL 1 32.2 35.4 33.2 5. Sponsoring Agency Participation 5a Does firm define and understand staffs part icipation levels? 1.4 2 1 5b How did the firm sell themselves in this part of the proposal? 6.4 7.2 5.4 SUBTOTAL 7.8 9.2 6.4 TOTAL PTS 80.8 90.4 82.4 PROFESSIONAL SERVICES AGREEMENT This Agreement is made on the _ day of , 2011, between the CITY OF BROOKLYN CENTER, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 ( "City ") and SRF CONSULTING GROUP, INC., One Carlson Parkway North, Suite 150,` Minneapolis, MN 55447 -4443 ( "Consultant "). Preliminary Statement The purpose of this Agreement is to set forth terms and conditions for the provision of professional engineering services by the Consultant for the City. The City and Consultant agree as follows: 1. Consultant's Services. The Consultant agrees to provide professional services as described in Exhibit A, Scope of Work. °Consultant agrees to use the City's standard specifications in any bidding documents prepared under this Agreement. The requirements of this section may be waived by the City if the City Engineer determines that they are not necessary for the successful completion of the project. Consultants requesting a requirement to be waived must have written authorization from the City Engineer. 2. Time for Performance of Services. The Consultant will endeavor to perform the services outlined in the work program within the prescribed days from the date of the contract award. Any changes in this schedule must be approved in writing by the City. r services as I 3. Compensation for Services. City agrees to pay the Consultant for described in Exhibit A attached and made a part of this Agreement and may be p 9 Y amended from time to time by mutual agreement by City and Consultant. 4. Method of Payment. The Consultant must submit itemized bills for services provided to the City on a monthly basis. Bills submitted will be paid in the same manner as other claims made to the City. For work reimbursed on an hourly basis, the Consultant must indicate for each employee, his or her classification, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, the total amount due, the original contracted amount, the current requested amount, and the total amount. Consultant must verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, the Consultant must provide such documentation as reasonably required by the City. 5. Audit Disclosure. The Consultant must allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. r Professional Services Agreement Page 2 Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential must not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant will become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided and may reuse standard portions of such documents in the normal course of its business. 6. Term. The term of this Agreement will be from September 12, 2011, through November 15, 2012, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 7. Termination. This Agreement may be terminated by City by seven day's written notice to Consultant delivered to the address written above. Upon termination under this provision, the Consultant will be paid for services rendered and reimbursable expenses until the effective date of termination. • 8. Subcontractor. The Consultant must not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the City. 9. Independent Contractor. At all times and for all purposes hereunder, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 10. Assignment. Neither party will assign this Agreement, nor any interest arising herein, without the written consent of the other party. 11. Services not Provided for. No claim for services furnished by Consultant not specifically provided for herein will be honored by the City. 12. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a' court of competent jurisdiction to be contrary to law, such decision will not affect the remaining provisions of the Agreement. 13. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as• well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Professional Services Agreement Page 3 Agreement will be valid only when expressed in writing and duly signed by the parties unless otherwise provided herein. 14. Compliance services hereunder , the liance with Laws and Regulations. In p g providing Consultant must abide by all statutes, ordinances, rules and regulations pertaining to the provision of services to be provided. Any violation will constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 15. Equal Opportunity. During the performance of this contract, the Consultant must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Consultant must post in places available to employees and applicants for employment, notices setting forth the provisions of this non - discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant must incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work, to incorporate such requirements in all subcontracts for program work. 16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. 17. Indemnification. The Consultant must indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorney's fees, which they may suffer or for which they may be held liable, as a result of, and to the extent of, the negligent or wrongful acts of the Consultant, his employees, or anyone else for whom he is legally responsible in the performance of this Agreement. 18. Insurance. During the term of this Agreement, Consultant must maintain a general liability insurance 'policy with limits of $1,500,000 for each occurrence and aggregate, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide, as between the City and the Consultant, that the Consultant's coverage shall be the primary coverage in the event of a loss. If the Consultant is providing either architectural or engineering services, the Consultant must also maintain during the term of this Agreement a professional liability insurance policy with the same limits as - for general liability. A certificate of insurance on the City's approved form which verifies the existence of these insurance coverages must be provided to the City before work under this Agreement is begun. Professional Services Agreement Page 4 19. Governing Law. This Agreement will be controlled by the laws of the State of Minnesota. 20. Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified except in writing signed by all parties. Executed as of the day and year first written above. CITY OF BROOKLYN CENTER SRF CONSULTING GROUP, INC. By: By: Tim Willson, Mayor Date: Its: Contracts Officer Date: By: Cornelius Boganey, City Manager Date: J4 Piz: t «� C'.vnRUstint; C.axrpT. 1.7 _Au- ust '31, 21011 -Mr. Steve Lillehaug Director of Publir• Works /City Engineer Cn - Y oF Bizo 0Klv -i CENTFR ti 01 Shingle Creek Parkway Brooklyn Center NEINZI 554,10 SUBJECT: COST Ptzor <cAA1. For, TiiE 20 BIROOKa.YN BOULE C :} RWDOr STUD Dear Mr. Lillehaug and Members of the S election Corr.. raiittev: Please find enclosed our cost proposal for the Brooklr �€ Boulevard. Corridor Study. , Our approac h focuses on conce t level, yet technically sound, desii7is for "complete strut" transportation infrastructure and street.scaping, and generation of broad community, owner and agency agreement to the concept, This approach is based can the € nderstanding that the City's primary goals for the stud: are to create a vision for the Brooklyn Boulevard Corridor that can beccs e the foundation for idenfifving financial resources to fund prelm. ii- nary engineering and construction, be the basis to redevelop "Initiatives and revriew of rede- velopment proposals and generate interest in investment, and identifies the .key deliverables needed to accomplish these goals. t3€.zr east proposal is summarized in the .following table; i, Task t-- Fro'eit iifanecit Task 2 - TuNic and,ll;tncy in olvernent $39,460 Task 3- CiorridorVbAou acid Goals 13,2 11 Task 4- Corridor Issues identification and Confirmation 2il,ti l5 12,6 10 Task 5-Land Use f;on pd Iteerrn�iiaendations Task 6- Roadway CAncepts and Reconimendations $32,020 Task 7- t nsa Concerts and 11romm idatio $ 5,630 Task 8- lradard Sidmal:k Concepts and lieconimendations $&100 Task Laudsca' < �, Str tscapin : and Coo l Streets Concepts and Recammeradatirans ,220 Task 10 larelimuiaryDrainage .Recommendat ons $10 Twk l - t rial Task 12- C;ostF.stiniates $6,140 Task 13 -lm leinentaw n: $5,580 'Task 14-- Report $8,440 Task l5- contin eiar ,YBfl Expenses L $2, 0 HIM www.srfconsulting.com Park wa Worth. SuilL 150, 1 i,Ainneapc'gis, WN 55447 -4443 Nf _A,475.0910 PaAz 763,475,2424 In addition, we have included a cast proposal from the McCon* Group to provide a market assessment of land use scenarios as an optional task. Casts for other optional tasks discussed in the work plan can be provided upon request. We look forward to working with City and County staff to develop a final set of deliverables responsive to local needs at the east that best fits your budget. Please call if you have any ques- tions or concerns about the cost proposals presented. Once again, thank you for opportunity to express our interest in assisting you with this study. Sincerely, SRF CoN5L1I. Nc Group, Nc. Meth Bartz. P Barry J. Warner, FASLA, ATCT' Principal Senior Vice President SRF No, P71450 • City Council Agenda Item No. 6g • COUNCIL ITEM MEMORANDUM DATE: September 6, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer �- SUBJECT: Resolution Approving Change Order No. 1, Improvement Project No. 2010 -16, Contract 2010 4, Shingle Creek Restoration Improvements Recommendation: It is recommended that the City Council consider approval of the resolution for Change Order No. 1, Improvement Project No. 2010 -16, Contract 2010 -I, Shingle Creek Restoration Improvements. Background: On February 28, 2010, the City Council awarded a contract to Minnesota Native Landscapes, Inc., of Otsego, Minnesota for the Shingle Creek Restorations Improvements project. The project began in April 2011, and is currently substantially complete. The following represents originally unanticipated items that are included in Change Order No. 1, which is recommended to amend the Contract to complete the project. 1. Storm Water Pond Excavation — The earthwork and grading computation originally performed prior to the work taking place was in error. Actual excavation amounts exceeded the proposed quantity of 1,000 cubic.yard by 745 cubic additional yards. This work was necessary and will be paid at contract unit prices. 745 cubic yards at $21.90 per cubic yard. Additional Cost: $16,315.50 2. Storm Water Pond Sediment Removal — Sediment removal from the storm water pond was needed after a significant rain event occurred prior to adequate turf establishment. The contractor performed this additional work on a time and material basis. Additional Cost: $1,500.00 TOTAL CHANGE ORDER NO. 1 $17,815.50 Budget Issues: The original contract amount was $233,055.05. Change Order No. 1 ($17,815.50) revises the contract amount to $250,870.55. The total amount of Change Order No. 1 represents 7.6 percent of the original contract amount and is within the project's budgeted contingency amount ($56,000). Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 6. We will ensure the City drinking water is high quality and that the storm water is properly managed I • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NO. 2010-16, CONTRACT 2010 4, SHINGLE CREEK RESTORATION IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota Native Landscapes, Inc., of Otsego, Minnesota, was instructed to complete additional work as itemized on Change Order No. 1 for Contract 2010 -I; and WHEREAS, said additional work was not included in the original Contract, but is deemed necessary to properly complete the project NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Change Order No. 1 in the amount of $17,815.50 for Contract 2010 -I is hereby approved and the City Manager is hereby authorized to execute the approved change order. The revised contract amount is as follows: Original Contract Amount $233,055.05 Change Order No. 1 $ 17,815.50 Revised Contract Amount $250,870.55 September 12, 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. City of Brooklyn Center CHANGE ORDER NO. 1 Contractor: Minnesota Native Landscapes, Inc. DATE: 8 -26 -2011 Address: 8740 77 Street NE Otsego, MN 55362 Project: Shingle Creek Restoration Improvements Improvement Project No. 2110 -16 Contract No. 2010 -I The following items were not included in the unit price proposal form, but deemed to be necessary to complete the project according to the intended design. In accordance with the terms of this Contract, the Contractor is hereby authorized and instructed to perform the work as altered by the following provisions. 1. Storm Water Pond Excavation — The earthwork and grading computation originally performed prior to the work taking place was in error. Actual excavation amounts exceeded the proposed quantity of 1,000 cubic yard by 745 cubic additional yards. This work was necessary and will be paid at contract unit prices. Excavated 745CY at $21.90 per CY Additional Cost: $16,315.50 2. Storm Water Pond Sediment Removal — Sediment removal from the storm water pond was needed after a significant rain event occurred prior to adequate turf establishment. The contractor performed this additional work on a time and material basis. Additional Cost: $1,500.00 TOTAL CHANGE ORDER NO. 1 $17,815.50 Original Contract Amount $233,055.05 Change Order No. 1 $ 17,815.50 Revised Contract Amount $250,870.55 CHANGE IN CONTRACT TIME The Contract completion date is not changed due to the items noted above. Accepted: MINNESOTA NATIVE Approved: CITY OF BROOKLYN CENTER LANDSCAPE INC. By: By: Contractor's Authorized Representative City Manager Date: Date: By: Director of Public Works Date: City Council Agenda Item No. 8a • • i . r /✓ r E PO J-o2- elc- i 97- la/ a ^ i C r Gc. - l� r 4� j �9 44 - 0 A&ez� pr - lip .> ef- FE / F E f L � oq Apt 6N&- 4D-Ar - 6_ -A GG l -W l j (� /16 � eX� 1 I j I . I i P � . 1 _ - I Iol f COUNCIL ITEM MEMORANDUM • DATE: September 12, 2011 TO: Curt Boganey, City Manager V FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community Standards SUBJECT: Public Hearings on Proposed Special Assessments for Nuisance Abatement Costs, Administrative Vacant Building Registrations and Administrative Fines /Citations Recommendation: It is recommended that the City Council conduct the subject public hearings and consider approval of the attached resolutions certifying special assessments for Nuisance Abatement Costs, Administrative Vacant Building Registration Costs and Administrative Fines /Citations. Background: Three ublic hearings scheduled for September 12 2011 to consider certification proposed of ro P g p � p p special assessments. The Council called for a September 12, 2011 public hearing at its August 8, 2011 meeting. All potentially affected property owners have been notified by certified mail of the date of the public hearing and the amount of the proposed special assessments. As of • September 2, 2011, no appeals have been made to City staff since the August 8, 2011 Council meeting. The following is a brief summary of the minimum process involved in city - facilitated abatements. • A written compliance notice is provided to the owner of record. In addition to notifying the owner of record, in certain cases, properties may be posted or other responsible parties may be notified. • A follow up inspection is conducted to verify compliance. • If compliance is not achieved, the City will take corrective actions to remove the public nuisance or hazard. • The City bills the owner of record for the portion of costs the City has incurred directly related to the abatement action. A service charge is applied to help recover city costs associated with the entire abatement process- inspections, notifications, invoicing, administrative systems, etc.. • The direct costs of the abatement are recorded as pending special assessments and this informations available to the public. When a property is sold, agencies or parties often conduct property searches to determine the pending and levied special assessment amounts. Payments of any pending or levied special assessment should be determined by the sellers and buyers as part of the sales transactions. Mission: Ensuring'an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Recommended Council Procedure Staff recommends that the City Council conduct the hearings concurrently. The attached resolutions certifying the assessments to the Hennepin County tax rolls are provided for Council consideration upon closing of the public hearings. If any additional property owner files an appeal with the City Clerk prior to the public hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint and assemble documentation. The Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is filed within district court, the City Attorney will advise the Council of options for handling the dispute and potential litigation issues. Payment Options available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following options: 1. Pay the entire amount of the special assessment, without interest, between September 13, • 2011 and October 12, 2011. 2. From October 13, 2011 through November 29, 2011, the property owner may pay the total assessment, with 6.0 percent interest calculated from October 13, 2011 to the date of payment. 3. If payments are made with property taxes, the first payment will be due with taxes in 2012. The total principal will be payable in annual installments for the period stated on the levy roll and as indicated below. Interest of 6.0 percent is accrued on the unpaid balance. Nuisance Abatement Costs One Year Administrative Vacant Building Registration One Year Administrative Fines /Citations One Year Partial prepayments (such as paying half now and certifying the balance) are not allowed under current assessment policy,: Budget Issues: The levy roll for nuisance abatement costs totals $15,280.00. The levy roll for administrative vacant building registration costs totals $1,480.00. The levy roll for administrative fines /citation costs totals $25,810.00. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Attachment: Resolutions- Nuisance Abatements Administrative Vacant Building Registrations Administrative Fines /Citations List of Levied Properties- The list will be updated for Council Meeting based on payments made by September 9, 2011. Council Goals: Strategic: 1. We will stabilize and improve residential neighborhoods 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 and preserves the public trust Member introduced the following resolution and moves its adoption: t RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused abatement removal on certain properties within the City during 2011 under the authority of City Ordinance Section 12- 1504 and Minnesota Statutes, Section 429 and/or by written agreement with the owners of such property; and WHEREAS, on September 12, 2011, certain abatement accounts remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from 2011, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where abatement costs are to be assessed, together with the amounts proposed to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent abatement accounts to the County tax rolls for collection; and WHEREAS, ursuant to proper notice duly given as required b law, the Council • p p p Yg q Y has met and heard and passed upon all objections to the proposed assessment for abatement costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The special assessment roll of abatement costs incurred during the year 2011 is hereby adopted and certified as Levy No. 17877. 2. The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2012, in one annual installment with interest thereon at six (6) percent per annum and shall bear interest on the entire assessment from October 1, 2011 through December 31, 2012. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before October 12, 2011. After October 12, 2011, he or she may pay the total special assessment, plus interest. Interest will accumulate from October 13, 2011 through the date of payment. Such payment must be made by the close of business November 29, 2011 or interest will be charged through December 31 of the succeeding year. 4. The Cit shall certified duplication of this du ty Clerks a 1 forthwith transmit a p assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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: whereon said resolution was declared duly passed and adopted. • • Member introduced the following resolution and moves its adoption: • RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused Administrative Vacant Building Registration costs for certain properties within the City during 2011 under the authority of City Ordinance Section 12 -1504 and Minnesota Statutes, Section 429 and/or by written agreement with the owners of such property; and WHEREAS, on September 12, 2011, certain Administrative Vacant Building Registration costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from 2011, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where Administrative Vacant Building Registration costs are to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent Administrative Vacant Building Registration accounts to the County tax rolls for collection; and • WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for Administrative Vacant Building Registration costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The special assessment roll of Administrative Vacant Building Registration costs incurred during the year 2011 is hereby adopted and certified as Levy No. 17879. 2. The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2012, in one annual installment with interest thereon at six (6) percent per annum and shall bear interest on the entire assessment from October 1, 2011 through December 31, 2012. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before October 12, 2011. After October 12, 2011, he or she may pay the total special assessment, plus interest. Interest will accumulate from • October 13, 2011 through the date of payment. Such payment must be made . by the close of business November 29, 2011 or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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: whereon said resolution was declared duly passed and adopted. Member introduced the following resolution and moves its adoption: . RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES /CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused Administrative Fines /Citation costs for certain properties within the City during 2011 under the authority of City Ordinance Section 18 -204 and Minnesota Statutes, Section 429; and WHEREAS, on September 12, 2011, certain Administrative Fines /Citation costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from 2011, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where Administrative Fines /Citation costs are to be assessed to each property; and WHEREAS, City Ordinance Section 18 -210 and Minnesota State Statute authorizes the certification of certain delinquent Administrative Fines /Citation accounts to the County tax rolls for collection; and • WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for Administrative Fines /Citation costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The special assessment roll of Administrative Fines /Citation costs incurred during the year 2011 is hereby adopted and certified as Levy No. 17881. 2. The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2012, in one annual installment with interest thereon at six (6) percent per annum and shall bear interest on the entire assessment from October 1, 2011 through December 31, 2012. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before October 12, 2011. After October 12, 2011, he or she may pay the total special assessment, plus interest. Interest will accumulate from October 13, 2011 through the date of payment. Such payment must be made • by the close of business November 29, 2011 or interest will be charged . through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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: whereon said resolution was declared duly passed and adopted. • r 1 Amended Special Assessment Certified Roll (Abatement) � r 2011 Abatement Printed September 12, 2011 Municipal Code No.22 Levy Runs One Year Capital Special Total Pending Interest Assessment Amount Lew No. OwnerName(s) Property Address Property ID Amount Charge Ch_ arse Certified 17877 Michelle Robins 5737 Girard Ave N 01-118-21-23-0088 500.00 10.00 30.00 540.00 17877 Julio Cesar Segura 5651 Dupont Ave N 01-118-21-32-0001 255.00 10.00 30.00 295.00 Elva Ramos 17877 Julie Ann Olson 5421 4th St N 01-118-21-43-0058 475.00 10.00 30.00 515.00 17877 Amer Home Mtg Sery Deutsche Bank Natl Trust'Co 5836 Vincent Ave N 02-118-21-23-0002 225.00 10.00 30.00 265.00 17877 Ambe Oscar Funwi 5337 Queen Ave N 02-118-21-34-0037 330.00 10.00 30.00 370.00 17877 Judy Follmer 5343 Penn Ave N 02-118-21-34-0039 240.00 10.00 30.00 280.00 Eugene Folhner 17877 Lannette Weiland 2106 Ericon Dr 02-118-21-42-0101 475.00 10.00 30.00 515.00 17877 EMC Mortgage Corp Bank of America N A 5301 Newton Ave N 02-118-21-43-0022 880.00 10.00 30.00 920.00 17877 Sec of Hsg and Urban Devel 5319 Oliver Ave N 02-118-21-43-0033 225.00 10.00 30.00 265.00 17877 Bank of America N A 5332 James Ave N 02-118-21-44-0108 1,240.00 10.00 30.00 1,280.00 17877 Vision Zenith Holding LLC 3508 Admiral La 03-118-21-13-0045 565.00 10.00 30.00 605.00 17877 Bac Home Loans Servicing LP 5841 Xerxes Ave N 03-118-21-14-0002 240.00 10.00 30.00 280.00 17877 Wells Fargo Bank N A 3906 61st Ave N 03-118-21-21-0108 305.00 10.00 30.00 345.00 17877 Citmortgage Inc 3906 Burquest La 03-118-21-31-0029 885.00 10.00 30.00 925.00 17877 Mary Ann Snow 5549 Brooklyn Blvd 03-118-21-42-0018 215.00 10.00 30.00 255.00 17877 Cherzon Riley 3000 53rd Ave N 03-118-21-44-0025 590.00 10.00 30.00 630.00 17877 Russell Smith 4937 Brooklyn Blvd 10-118-21-14-0012 700.00 10.00 30.00 740.00 17877 Mn Housing Agency 7207 Girard Ave N 25-119-21-32-0031 475.00 10.00 30.00 515.00 17877 Wells Fargo Bank N A 7136 Newton Ave N 26-119-21-42-0050 225.00 10.00 30.00 265.00 17877 Federal Nat]Mortgage Assn 6931 Newton Ave N 26-119-21-43-0025 410.00 10.00 30.00 450.00 17877 Wells Fargo Bank N A 6937 Indiana Ave N 27-119-21-34.0002 245.00 10.00 30.00 285.00 17877 Chase Home Finance LLC 3618 72nd Ave N 27-119-21-42-0070 540.00 10.00 30.00 580.00 17877 Citimortgage Inc 6742 Regent Ave N 33-119-21-11-0096 310.00 10.00 30.00 350.00 17877 Merchants Bank N A 6530 Orchard Ave N 33-119-21-14-0002 275.00 10.00 30.00 315.00 17877 OCWEN LOAN SERV HSBC Bank USA N A 4900 Howe La 33-119-21-14-0049 595.00 10.00 30.00 635.00 City of Brooklyn Center-6301 Shingle Creek Parkway-Brooklyn Center MN 55430 Pagel of 2 Amended Special Assessment Certified Roll (Abatement) • 2011 Abatement Printed September 09, 2011 Municipal Code No. 22 Levy Runs One Year Capital Special Total Pending Interest Assessment Amount Levv No. Owner Name(s) Property Address Property ID Amount Charge Charge Certified 17877 Chase Home Finance LLC 6431 Perry Ave N 33-119-21-41-0067 265.00 10.00 30.00 305.00 17877 Wells Fargo Bank N A 6337 Quail Ave N 33-119-21-41-0119 805.00 10.00 30.00 845.00 17877 Charles Hargrove 6424 Major Ave N 34-119-21-32-0014 250.00 10.00 30.00 290.00 Rosa Hargrove 17877 Tracy Corwin 3306 62nd Ave N 34-119-21-44-0060 800.00 10.00 30.00 840.00 Thomas Corwin 17877 Sec of Hsg and Urban Devel 6324 Brooklyn Dr 35-119-21-31-0007 250.00 10.00 30.00 290.00 Total: 14,990.00 i i I City of Brooklyn Center-6301 Shingle Creek Parkway-Brooklyn Center MN 55430 Page 2 of 2 i , C Amended Special Assessment Certified Roll (Administrative Vacant Building Registration) 2011 Administrative Vacant.Building Registration Printed September 12,2011 Municipal Code No.22 Levy Runs One Yeai Capital S_ pecial Total Pending Interest Assessment Amount Lew No. Owner Name(s) Property Address Property ID Amount Charge CharEe Certified 17879 Wells Fargo Bank N A 6027 Fremont Ave N 01-118-21-22-0064 400.00 10.00 30.00 440.00 17879 Katherine Honkonen 5316 Colfax Ave N 01-118-21-34-0125 1,000.00 10.00 30.00 1,040.00 Total: 1,480.00 City of Brooklyn Center-6301 Shingle Creek Parkway-Brooklyn Center MN 55430 Pagel of 1 Amended Special Assessment Certified Roll (Admin Fines/Citations) 2.,U(Sa 2011 Administrative Penalty/Citation Printed September 12,2011 Municipal Code No. 22 Levy Runs One Year Capital Special Total Pending Interest Assessment Amount Lew No. Owner Name(s) Property Address Property ID Amount Charge Charge Certified 17881 Bank of America NA Bac Home Loans Servicing 5943 Colfax Ave N 01-118-21-21-0018 125.00 10.00 30.00 165.00 17881 Miguel Vergara 5931 Colfax Ave N 01-118-21-21-0020 875.00 10.00 30.00 915.00 17881 Amos Guar 5800 Dupont Ave N 01-118-21-24-0025 375.00 10.00 30.00 415.00 Marie Guar 17881 Santa Pirin 5319 Camden Ave N 01-118-21-34-0014 125.00 10.00 30.00 165.00 Marcos Cielo 17881 Margarita Cortes 5614 Camden Ave N 01-118-21-42-0032 125.00 10.00 30.00 165.00 17881 Dexter Williams 5728 Irving Ave N 02-118-21-14-0093 125.00 10.00 30.00 165.00 Charlene Guerrero 17881 US Bank Home Mortg Minn Housing Finance 5931 Vincent Ave N 02-118-21-22-0038 125.00 10.00 30.00 165.00 Agency 17881 Bac Home Loans Servicing LP 5612 Lilac Dr N 02-118-21-31-0010 125.00 10.00 30.00 165.00 17881 Helen Osonowo 2318 55th Ave N 02-118-21-34-0009 250.00 10.00 30.00 290.00 17881 Ambe Oscar Funwi 5337 Queen Ave N 02-118-21-34-0037 250.00 10.00 30.00 290.00 17881 Judy Follmer 5343 Penn Ave N 02-118-21-34-0039 125.00 10.00 30.00 165.00 Eugene Follmer 17881 Linda Anderson 5603 James Ave N 02-118-21-41-0059 1,875.00 10.00 30.00 1,915.00 Bernadette Anderson 17881 Luis Juarez-Ferrer 1900 Brookview Dr 02-118-21-42-0111 875.00 10.00 30.00 915.00 17881 EMC Mortgage Corp Bank of America N A 5301 Newton Ave N 02-118-21-43-0022 375.00 10.00 30.00 415.00 17881 Federal Home Loan Mtg Corp 5924 Beard Ave N 03-118-21-11-0071 125.00 10.00 30.00 165.00 17881 Zachary Zajicek 5906 Abbott Ave N 03-118-21-11-0085 125.00 10.00 30.00 165.00 Bethany Zajicek 17881 Brian Krohn 5924 Abbott Ave N 03-118-21-11-0088 125.00 10.00 30.00 165.00 17881 Rockwell Investments LLC 6031 Brooklyn Blvd 03-118-21-12-0015 125.00 10.00 30.00 165.00 17881 Vision Zenith Holding LLC 3508 Admiral La 03-118-21-13-0045 125.00 10.00 30.00 165.00 17881 Jay Severson 6025 June Ave N 03-118-21-22-0007 125.00 10.00 30.00 165.00 17881 Somphaena Soundara 5937 June Ave N 03-118-21-22-0020 125.00 10.00 30.00 165.00 Lavonne Soundara City of Brooklyn Center-6301 Shingle Creek Parkway-Brooklyn Center MN 55430 Page 1 of 4 I Amended Special Assessment Certified Roll (Admin Fines/Citations) 2011 Administrative Penalty/Citation Printed September 09,2011 Municipal Code No. 22 Levy Runs One Year Capita S_pecial Total Pending Interest Assessment Amount Levv No. Owner Name(s) Property Address Property ID Amount Charge Ch_ arge Certified 17881 Nationstar Mortgage LLC 5811 Lake Curve La 03-118-21-23-0039 125.00 10.00 30.00 165.00 17881 Robert Batta 5655 Brooklyn Blvd 03-.118-21-42-0017 2,500.00 10.00 30.00 2,540.00 17881 Scott Hughes 5348 Northport Dr 03-118-21-43-0042 125.00 10.00 30.00 165.00 17881 Kin Chew 5510 France Ave N 03-118-21-43-0090 125.00 10.00 30.00 165.00 17881 Donald Oine 5139 Xerxes Ave N 10-118-21-11-0003 125.00 10.00 30.00 165.00 Lila Oine 17881 Kathleen Barclay 3401 53rd Ave N 10-118-21-12-0001 125.00 10.00 30.00 165.00 John Barclay 17881 Mai Xiong 5247 Drew Ave N 10-118-21-12-0012 125.00 10.00 30.00 165.00 17881 Todd Scholl 7201 France Ave N 27-119-21-31-0008 125.00 10.00 30.00 165.00 Kelli Scholl 17881 Sean Sullivan 6933 Major Ave N 27-119-21-33-0039 375.00 10.00 30.00 415.00 17881 Judith O'Dean 6915 Major Ave N 27-119-21-33-0042 250.00 10.00 30.00 290.00 17881 Wells Fargo Bank N A 6937 Indiana Ave N 27-119-21-34-0002 125.00 10.00 30.00 165.00 17881 James Capehart - 7036 Grimes Ave N 27-119-21-34-0080 125.00 10.00 30.00 165.00 Veronica Capehart 17881 Chase Home Finance LLC 3618 72nd Ave N 27-119-21-42-0070 125.00 10.00 30.00 165.00 17881 Kimberly Albers 7013 Drew Ave N 27-119-21-43-0018 125.00 10.00 30.00 165.00 17881 Bank of America NA Bac Home Loans Servicing 6930 France Ave N 27-119-21-43-0051 250.00 10.00 30.00 290.00 17881 Sufeng Zheng 6910 France Ave N 27-119-21-43-0062 125.00 10.00 30.00 165.00 17881 Hogenson Properties Ltd 3813 Urban Ave 27-119-21-43-0063 125.00 10.00 30.00 165.00 17881 Trina Taylor 7207 Perry Ct E 28-119-21-41-0182 125.00 10.00 30.00 165.00 Cecil Kimaro 17881 Yee Xiong 6523 Unity Ave N 33-119-21-13-0079 125.00 10.00 30.00 165.00 17881 Thong Vue 5100 Winchester La 33-119-21-14-0020 125.00 10.00 30.00 165.00 Ge Khang 17881 OCWEN LOAN SERV HSBC Bank USA N A 4900 Howe La 33-119-21-14-0049 125.00 10.00 30.00 165.00 17881 Susan Bates 6413 Noble Ave N 33-119-21-41-0006 125.00 10.00 30.00 165.00 Erick Bates City of Brooklyn Center-6301 Shingle Creek Parkway-Brooklyn Center MN 55430 Page 2 of 4 r Amended Special Assessment Certified Roll (Admin Fines/Citations) ZAA 2011 Administrative Penalty/Citation Printed September 09, 2011 Municipal Code No. 22 Levy Runs One Year Capital Special Total Pending Interest Assessment Amount Levv No. Owner Name(s) Property Address Property ID Amount Charge Charge Certified 17881 Todd Vlasaty 4707 Eleanor La 33-119-21-41-0026 125.00 10.00 30.00 165.00 17881 Ralph Gohman 6413 Orchard Ave N 33-119-21-41-0036 125.00 10.00 30.00 165.00 17881 Oscar Rivera 5319 Eleanor La 33-119-21-42-0112 375.00 10.00 30.00 415.00 Silvestre Rivera 17881 Stewards Vang 6307 Scott Ave N 33-119-21-42-0126 125.00 10.00 30.00 165.00 Sao Lee 17881 Federal Home Loan Mtg Corp 5318 62nd Ave N 33-119-21-43-0091 125.00 10.00 30.00 165.00 17881 Natl City Re Services LLC 6119 Perry Ave N 33-119-21-44-0045 125.00 10.00 30.00 165.00 17881 Michelle Murch 6707 Drew Ave N 34-119-21-12-0026 125.00 10.00 30.00 165.00 17881 Clarence Dudley 6510 Brooklyn Blvd 34-119-21-13-0010 500.00 10.00 30.00 540.00 17881 Janis Salo 6543 Beard Ave N 34-119-21-13-0060 875.00 10.00 30.00 915.00 17881 MAE Properties LLP 6500 Brooklyn Blvd 34-119-21-13-0084 500.00 10.00 30.00 540.00 MAE Properties LLP 17881 Dao Moua 3125 66th Ave N 34-119-21-14-0060 125.00 10.00 30.00 165.00 Tong Moua 17881 Jeffrey Garding 3016 Quarles Rd 34-119-21-14-0081 125.00 10.00 30.00 165.00 17881 Mao Thao 6318 Grimes Ave N 34-119-21-31-0025 125.00 10.00 30.00 165.00 Her Cha Yang 17881 Proven Solutions LLC 6401 Major Ave N 34-119-21-32-0024 125.00 10.00 30.00 165.00 17881 Gabriel Sayee 6121 France Ave N 34-119-21-34-0017 375.00 10.00 30.00 415.00 Bernice Sayee 17881 Kyle Nguyen 3200 63rd Ave N 34-119-21-41-0009 125.00 10.00 30.00 165.00 17881 Aaron Melby 3124 64th Ave N 34-119-21-41-0024 125.00 10.00 30.00 165.00 17881 M Donald Blom 6301 Brooklyn Blvd 34-119-21-42-0007 875.00 10.00 30.00 915.00 17881 Tracy Corwin 3306 62nd Ave N 34-119-21-44-0060 125.00 10.00 30.00 165.00 Thomas Corwin 17881 Sec of Hsg and Urban Devel 6324 Brooklyn Dr 35-119-21-31-0007 . 125.00 10.00 30.00 165.00 17881 Roxanne Hamilton 2806 Nash Rd 35-119-21-33-0033 125.00 10.00 30.00 165.00 City of Brooklyn Center-6301 Shingle Creek Parkway-Brooklyn Center MN 55430 Page 3 of 4 �a Amended Special Assessment Certified Roll(Admin Fines/Citations) RM � 2011 Administrative Penalty/Citation Printed September 09,2011 Municipal Code No. 22 Levy Runs One Year Capital Special Total Pending Interest Assessment Amount Lew No. Owner Name(s) Property Address Property ID Amount Charge Charge Certified 17881 David Berg 6842 West River Rd 36-119-21-12-0011 3,250.00 10.00 30.00 3,290.00 Gwendyne Berg 17881 Wells Fargo Bank N A 6601 Camden Dr 36-119-21-13-0105 125.00 10.00 30.00 165.00 17881 Mariam Ibrahim 6645 Bryant Ave N 36-119-21-24-0052 375.00 10.00 30.00 415.00 17881 Carla Nelson 6214 Lilac Dr N 36-119-21-33-0006 1,875.00 10.00 30.00 1,915.00 17881 Earl Washington 6101 Dupont Ave N 36-119-21-33-0024 125.00 10.00 30.00 165.00 Lurlean Washington 17881 Deutsche Bank Nat]Trust Co 6106 Emerson Ave N 36.119-21-33-0026 125.00 10.00 30.00 165.00 17881 Nou Her 6252 Bryant Ave N 36-119-21-34-0098 125.00 10.00 30.00 165.00 Total: 26,465.00 i City of Brooklyn Center-6301 Shingle Creek Parkway-Brooklyn Center MN 55430 Page 4 of 4 �Qvu� Amended Special Assessment Certified Roll (Admin Fines/Citations) 2011 Administrative Penalty/Citation Printed September 12, 2011 Municipal Code No. 22 Levy Runs One Year Capital Special Total Pending Interest Assessment Amount Levv No. Owner Name(s) Property Address Property ID Amount Charge Charge Certified 17881 Bank of America NA Bac Home Loans Servicing 5943 Colfax Ave N 01-118-21-21-0018 125.00 10.00 30.00 165.00 17881 Miguel Vergara 5931 Colfax Ave N 01-118-21-21-0020 875.00 10.00 30.00 915.00 17881 Amos Guar 5800 Dupont Ave N 01-118-21-24-0025 375.00 10.00 30.00 415.00 Marie Guar 17881 Santa Pirin 5319 Camden Ave N 01-118-21-34-0014 125.00 10.00 30.00 165.00 Marcos Cielo 17881 Margarita Cortes 5614 Camden Ave N 01-118-21-42-0032 125.00 10.00 30.00 165.00 17881 Dexter Williams 5728 Irving Ave N 02-118-21-14-0093 125.00 10.00 30.00 165.00 Charlene Guerrero 17881 US Bank Home Mortg Minn Housing Finance 5931 Vincent Ave N 02-118-21-22-0038 125.00 10.00 30.00 165.00 Agency 17881 Bac Home Loans Servicing LP 5612 Lilac Dr N 02-118-21-31-0010 125.00 10.00 30.00 165.00 17881 Ambe Oscar Funwi 5337 Queen Ave N 02-118-21-34-0037 250.00 10.00 30.00 290.00 17881 Judy Follmer 5343 Penn Ave N 02-118-21-34-0039 125.00 10.00 30.00 165.00 Eugene Follmer 17881 Linda Anderson 5603 James Ave N 02-118-21-41-0059 1,875.00 10.00 30.00 1,915.00 Bernadette Anderson 17881 Luis Juarez-Ferrer 1900 Brookview Dr 02-118-21-42-0111 875.00 10.00 30.00 915.00 17881 EMC Mortgage Corp Bank of America N A 5301 Newton Ave N 02-118-21-43-0022 375.00 10.00 30.00 415.00 17881 Federal Home Loan Mtg Corp 5924 Beard Ave N 03-118-21-11-0071 125.00 10.00 30.00 165.00 17881 Zachary Zajicek 5906 Abbott Ave N 03-118-21-11-0085 125.00 10.00 30.00 165.00 Bethany Zajicek 17881 Brian Krohn 5924 Abbott Ave N 03-118-21-11-0088 125.00 10.00 30.00 165.00 17881 Rockwell Investments LLC 6031 Brooklyn Blvd 03-118-21-12-0015 125.00 10.00 30.00 165.00 17881 Vision Zenith Holding LLC 3508 Admiral La 03-118-21-13-0045 125.00 10.00 30.00 165.00 17881 Jay Severson 6025 June Ave N 03-118-21-22-0007 125.00 10.00 30.00 165.00 17881 Somphaena Soundara 5937 June Ave N 03-118-21-22-0020 125.00 10.00 30.00 165.00 Lavonne Soundara City of Brooklyn Center-6301 Shingle Creek Parkway-Brooklyn Center MN 55430 Pagel of 4 Amended Special Assessment Certified Roll (Admin Fines/Citations) oil 2011 Administrative Penalty/Citation Printed September 09,2011 Municipal Code No. 22 Levy Runs One Year Capital Special Total Pendine Interest Assessment Amount Levv No. Owner Name(s) Property Address Property ID Amount Charge Charge Certified 17881 Nationstar Mortgage LLC 5811 Lake Curve La 03-118-21-23-0039 125.00 10.00 30.00 165.00 17881 Scott Hughes 5348 Northport Dr 03-118-21-43-0042 125.00 10.00 30.00 165.00 17881 Kin Chew 5510 France Ave N 03-118-21-43-0090 125.00 10.00 30.00 165.00 17881 Donald Oine 5139 Xerxes Ave N 10-118-21-11-0003 125.00 10.00 30.00 165.00 Lila Oine 17881 Kathleen Barclay 3401 53rd Ave N 10-118-21-12-0001 125.00 10.00 30.00 165.00 John Barclay 17881 Mai Xiong 5247 Drew Ave N 10-118-21-12-0012 125.00 10.00 30.00 165.00 17881 Todd Scholl 7201 France Ave N 27-119-21-31-0008 125.00 10.00 30.00 165.00 Kelli Scholl 17881 Sean Sullivan 6933 Major Ave N 27-119-21-33-0039 375.00 10.00 30.00 415.00 17881 Judith O'Dean 6915 Major Ave N 27-119-21-33-0042 250.00 10.00 30.00 290.00 17881 Wells Fargo Bank N A 6937 Indiana Ave N 27-119-21-34-0002 125.00 10.00 30.00 165.00 17881 James Capehart 7036 Grimes Ave N 27-119-21-34-0080 125.00 10.00 30.00 165.00 Veronica Capehart 17881 Chase Home Finance LLC 3618 72nd Ave N 27-119-21-42-0070 125.00 10.00 30.00 165.00 17881 Kimberly Albers 7013 Drew Ave N 27-119-21-43-0018 125.00 10.00 30.00 165.00 17881 Bank of America NA Bac Home Loans Servicing 6930 France Ave N 27-119-21-43-0051 250.00 10.00 30.00 290.00 17881 Sufeng Zheng 6910 France Ave N 27-119-21-43-0062 125.00 10.00 30.00 165.00 17881 Hogenson Properties Ltd 3813 Urban Ave 27-119-21-43-0063 125.00 10.00 30.00 165.00 17881 Trina Taylor 7207 Perry Ct E 28-119-21-41-0182 125.00 10.00 30.00 165.00 Cecil Kimaro 17881 Yee Xiong 6523 Unity Ave N 33-119-21-13-0079 125.00 10.00 30.00 165.00 17881 Thong Vue 5100 Winchester La 33-119-21-14-0020 125.00 10.00 30.00 165.00 Ge Khang 17881 OCWEN LOAN SERV HSBC Bank USA N A 4900 Howe La 33-119-21-14-0049 125.00 10.00 30.00 165.00 17881 Susan Bates 6413 Noble Ave N 33-119-21-41-0006 125.00 10.00 30.00 165.00 Erick Bates City of Brooklyn Center-6301 Shingle Creek Parkway-Brooklyn Center MN 55430 Page 2 of 4 otl� Amended Special Assessment Certified Roll (Admin Fines/Citations) r 2011 Administrative Penalty/Citation Printed September 09, 2011 Municipal Code No. 22 Levy Runs One Year Capita Special Total Pending Interest Assessment Amount Levv No. Owner Name(s) Property Address Property ID Amount Charge Charge Certified 17881 Todd Vlasaty 4707 Eleanor La 33-119-21-41-0026 125.00 10.00 30.00 165.00 17881 Ralph Gohman 6413 Orchard Ave N 33-119-21-41-0036 125.00 10.00 30.00 165.00 17881 Oscar Rivera 5319 Eleanor La 33-119-21-42-0112 375.00 10.00 30.00 415.00 Silvestre Rivera 17881 Stewards Vang 6307 Scott Ave N 33-119-21-42-0126 125.00 10.00 30.00 165.00 Sao Lee 17881 Federal Home Loan Mtg Corp 5318 62nd Ave N 33-119-21-43-0091 125.00 10.00 30.00 165.00 17881 Natl City Re Services LLC 6119 Perry Ave N 33-119-21-44-0045 125.00 10.00 30.00 165.00 17881 Michelle Murch 6707 Drew Ave N 34-119-21-12-0026 125.00 10.00 30.00 165.00 17881 Clarence Dudley 6510 Brooklyn Blvd 34-119-21-13-0010 500.00 10.00 30.00 540.00 17881 Janis Salo 6543 Beard Ave N 34-119-21-13-0060 875.00 10.00 30.00 915.00 17881 MAE Properties LLP 6500 Brooklyn Blvd 34-119-21-13-0084 500.00 10.00 30.00 540.00 MAE Properties LLP 17881 Dao Moua 3125 66th Ave N 34-119-21-14-0060 125.00 10.00 30.00 165.00 Tong Moua 17881 Jeffrey Garding 3016 Quarles Rd 34-119-21-14-0081 125.00 10.00 30.00 165.00 17881 Mao Thao 6318 Grimes Ave N 34-119-21-31-0025 125.00 10.00 30.00 165.00 Her Cha Yang 17881 Proven Solutions LLC 6401 Major Ave N 34-119-21-32-0024 125.00 10.00 30.00 165.00 17881 Gabriel Sayee 6121 France Ave N 34-119-21-34-0017 375.00 10.00 30.00 415.00 Bernice Sayee 17881 Kyle Nguyen 3200 63rd Ave N 34-119-21-41-0009 125.00 10.00 30.00 165.00 17881 Aaron Melby 3124 64th Ave N 34-119-21-41-0024 125.00 10:00 30.00 165.00 17881 M Donald Blom 6301 Brooklyn Blvd 34-119-21-42-0007 875.00 10.00 30.00 915.00 17881 Tracy Corwin 3306 62nd Ave N 34-119-21-44-0060 125.00 10.00 30.00 165.00 Thomas Corwin 17881 Sec of Hsg and Urban Devel 6324 Brooklyn Dr 35-119-21-31-0007 125.00 10.00 30.00 165.00 17881 Roxanne Hamilton 2806 Nash Rd 35-119-21-33-0033 125.00 10.00 30.00 165.00 City of Brooklyn Center-6301 Shingle Creek Parkway-Brooklyn Center MN 55430 Page 3 of 4 Amended Special Assessment Certified Roll (Admin Fines/Citations) 00 2011 Administrative Penalty/Citation Printed September 09, 2011 Municipal Code No. 22 Levy Runs One Year Capital Special Total Pending Interest Assessment Amount Levv No. Owner Name(s) Pronertv Address Property ID Amount Charge Charge Certified 17881 David Berg 6842 West River Rd 36-119-21-12-0011 3,250.00 10.00 30.00 3,290.00 Gwendyne Berg 17881 Wells Fargo Bank N A 6601 Camden Dr 36-119-21-13-0105 125.00 10.00 30.00 165.00 17881 Mariam Ibrahim 6645 Bryant Ave N 36-119-21-24-0052 375.00 10.00 30.00 415.00 17881 Carla Nelson 6214 Lilac Dr N 36-119-21-33-0006 1,875.00 10.00 30.00 1,915.00 17881 Earl Washington 6101 Dupont Ave N 36-119-21-33-0024 125.00 10.00 30.00 165.00 Lurlean Washington 17881 Deutsche Bank Natl Trust Co 6106 Emerson Ave N 36-119-21-33-0026 125.00 10.00 30.00 165.00 17881 Nou Her 6252 Bryant Ave N 36-119-21-34-0098 125.00 10.00 30.00 165.00 Total: 23,635.00 City of Brooklyn Center-6301 Shingle Creek Parkway-Brooklyn Center MN 55430 Page 4 of 4 - City Council Agenda Item No. 8b • • Memorandum Date: 7 September 2011 To: Curt Boganey City Manager From: Daniel ] ordet Director of Fiscal & Support Services Re: Certification of Delinquent Utility Bills For a number of years the City of Brooklyn Center has certified delinquent utility bills to Hennepin County twice per year; once in the spring and once in the fall. Those certified bills become assessments on ensuing year's property tax bill. For 2011 the City is using a process that certifies delinquent bills only once per year in order to save postage, production costs and staff time. The change appears to have been successful in reducing costs without harming the utility collections process. Comparative numbers of letters sent and dollars certified are: # of accounts Dollar • Assessed Value 2008 1,632 $ 526,135 2009 1,417 $ 464,610 2010 1,358 $ 436,720 2011 * 754 $ 392,965 * As of 2 September 2011. Some additional payments may be received prior to Monday's meting. This process starts with a letter to the customer notifying them that their account is past due and that the amount will be certified against their property taxes. This first letter details the process and the legal authority for certification. Customers are given the opportunity to pay their outstanding bill without additional penalty prior to this certification. Some customers respond to this letter and pay their bills. Some do not. Those that do not pay receive a second letter indicating that their account will be certified for collection with property taxes following a public hearing. The date, time and location for the public hearing are included in this notice. Again, some customers will pay their account balances after receipt of this letter while some do not. Those that do not pay after the second letter are included in the final • assessment roll The numbers of customers contacted at the various stages in the 2010 and 2011 process are as follows: Number of Accounts 2010 2011 Spring Fall Fall First Letter 1,282 1,284 1,384 Second Letter 859 789 830 Final Assessment 684 674 754 Dollar Values 2010 2011 Spring Fall Fall First Letter $ 346,266.22 $ 311,366.26 $ 516,514.19 Second Letter $ 273,254.88 $ 240,384.76 $ 414,459.58 Final Assessment $ 224,410.73 $ 212,309.59 $ 392,965.22 • Property ID # Account # Name Service Address Certification Balance Cycle 2511921320001 0022390004 RICK PHA 110173RD AVE N $400.76 Cycle 2 2511921330015 0022050004 CHRISTIANA RUE 1112 EMERSON LA $612.09 Cycle 2 3611921330063 0001000000 TIFFANY LATTIER 120163RD LA N $120.00 Cycle 4 3611921330064 0001010009 ROSE NDUNGU 1205 63RD LA N $155.22 Cycle 4 3611921330070 0001070003 EMMANUAL PAYMAH 123163RD LA N $630.59 Cycle 4 2511921320043 0021210005 BRENDA ROBERTS 130172ND AVE N $734.94 Cycle 2 3611921220113 0060170409 MARIE HAMMONDS 1315 67TH LN N $731.93 Cycle 2 3611921220059 0060181901 RESIDENT 1316 68TH LN N $702.93 Cycle 2 , 3611921220090 0060181604 LISA VITA 1328 68TH LN N $648.54 Cycle 2 3611921330080 0001170001 EMILY JOHNSON 133363RD LA N $585.03 Cycle 4 3611921220097 0060180804 MARY KAY REVARD 1333 68TH LN N $626.45 Cycle 2 . 0111821230007 0088410008 GREGORY COLEMAN 1400 57TH AVE N $649.06 Cycle 4 2611921410069 0014680008 DAVID BOURGEOIS 1512 72ND AVE N $181.12 Cycle 2 3511921110044 0060790800 HEIDI NERMOE 1600 68TH LN N $560.26 Cycle 2 3511921110056 0060790404 JERMAR LARKINS 160167TH LN N $591.28 Cycle 2 3511921110048 0060790305 MIESHA AKPAN 160168TH LN N $147.90 Cycle 2 2611921410092 0014350008 CHAD MOREN 1607 73RD AVE N $607.12 Cycle 2 2611921410004 0014430008 SHAWN M THORP 1700 WOODBINE LA $499.87 Cycle 2 3511921420010 0060460107 HANSEN BROS 1701 JAMES CIR N $1,229.79 Cycle 2 2611921440040 0012980004 KHAMPHET KEOHAVONG 1707 70TH AVE N $81.58 Cycle 2 2611921440024 0013010009 SANGBAN W NGAIMA 180170TH AVE N $911.83 Cycle 2 2611921440089 0012780008 SEAN WILLIAMSON 1820 IRVING LA N $582.26 Cycle 2 0211821440031 0073060003 SCOTT HOLTHUS 182155TH AVE N $413.28 Cycle 6 2611921440092 0012770009 UZOMA PRINCE ABANONU 1821 IRVING LA N $80.35 Cycle 2 0211821420111 0076180006 LUIS JUAREZ - FERRER 1900 - BROOKVIEW DR $694.02 Cycle 6 0211821430075 0072150003 CYNTHIA SWEATS 2018 55TH AVE N $446.29 Cycle 6 0211821420099 0076850004 AMOS RETIC 2024 ERICON DR $830.30 Cycle 6 2611921430077 0010780000 DRAKE M BELL 210171ST AVE N $325.03 Cycle 2 3511921130006 0060710006 MANGO TANGO 2101 FREEWAY BLVD $2,611.30 Cycle 2 2611921430030 0010600109 DAMU MCCOY 2106 69TH AVE N $73.14 Cycle 2 0211821420101 0076830006 JAMES SNOW 2106 ERICON DR $369.96 Cycle 6 2611921430098 0010670003 JEFFREY SIMON JR 2107 70TH AVE N $441.04 Cycle 2 2611921430104 0010590102 JOYCE 0 HACK 2112 69TH AVE N $1,285.33 Cycle 2 0211821420103 0076810008 WESLEY YOUNG 2118 ERICON DR $234.24 Cycle 6 0211821420049 0077120001 TODD CANNON 2205 BROOKVIEW DR $143.84 Cycle 6 0211821430127 0071930009 MARY BETH DAVIDSON 2206 54TH AVE N $570.44 Cycle 6 0211821310036 0076750006 KEVIN SMITH 2306 ERICON DR $702.50 Cycle 6 0211821310008 0077180005 MATTHEW HAWTON 2307 BROOKVIEW DR $118.18 Cycle 6 0211821340011 0071640004 ELIZABETH YARWEH 2330 55TH AVE N $556.97 Cycle 6 0211821310038 0076560009 KENNETH SCOTT 2331 ERICON DR $578.62 Cycle 6 0211821310047 0076570008 MARK FOLLMER 2348 BROOKVIEW DR $549.61 Cycle 6 3511921310015 0034710003 PAUL T YANG 260165TH AVE N $189.76 Cycle 5 3511921320050 0034660000 ERVIN WRIGHT 2606 64TH AVE N $356.23 Cycle 5 3511921320082 0034340009 DALE CERNOHLAVEK 2700 OHENRY RD $635.08 Cycle 5 3511921320086 0034090000 RESIDENT 2701 OHENRY RD $763.50 Cycle 5 3511921320045 0034610005 ROBIN HALL 2712 64TH AVE N $444.91 Cycle 5 3511921320080 0034320001 DIANE M OLSON 2712 OHENRY RD $145.46 Cycle 5 3511921330033 0037490009 ROXANNE HAMILTON 2806 NASH RD $259.25 Cycle 5 3511921320115 0035090009 GLENN PEIRSON 2807 66TH AVE N $308.18 Cycle 5 3511921330037 0037620001 SHELLEYJOHNSON 2807 NASH RD $340.42 Cycle 5 3511921230015 0016320309 KIMBERLY HOODIE 2812 67TH LN N $623.63 Cycle 1 3511921330049 0037670006 DANA BACKSTROM 2812 MUMFORD RD $117.75 Cycle 5 3511921320074 0034260009 RORY PURNELL 2818 OHENRY RD $163.66 Cycle 5 3511921230017 0016320507 NANCY BLOM 2820 67TH LN N $446.77 Cycle 1 3511921230019 0016320705 CHAD THOMAS 2828 67TH LN N $589.66 Cycle 1 3511921230034 0016321406 BUILD BY DESIGN INC. 284167TH LN N $169.88 Cycle 1 3511921320017 0034900000 HENRY R SCHWARTZ 2906 65TH AVE N $461.22 Cycle 5 3511921230008 0035110203 ROLAND LIVINGSTONE 2906 66TH AVE N $720.54 Cycle 5 3511921330024 0037370003 GEORGE BROWN 2907 63RD AVE N $602.97 Cycle 5 3511921320096 0034190008 DENNIS BUTENSCHOEN 2907 OHENRY RD $539.16 Cycle 5 3511921320019 0034880004 MARVETTA ADAMS 2918 65TH AVE N $636.69 Cycle 5 3511921220024 0016291104 ERIK TAMTE 2925 69TH LN N $139.35 Cycle 1 3511921220018 0016290502 SARAH ROSSMAN 2932 69TH LN N $458.18 Cycle 1 3511921230042 0016311100 JODIE ORTA 2935 67TH LN N $480.88 Cycled 0311821440025 0071050006 CHERZON RILEY 3000 53RD AVE N $551.65 Cycle 6 3411921410017 0033150003 JENNIFER LAYMAN 3000 64TH AVE N $804.48 Cycle 5 3411921410081 0033510008 PA YANG 3007 OHENRY RD $699.08 Cycle 5 • • 2511921430019 0050070007 ROBIN KEATON 30170TH AVE N $762.29 Cycle 2 3411921140008 0008480004 SHERRAL LUNDQUIST 3012 67TH AVE N $658.86 Cycle 1 3411921440103 0035450005 GHANA MBAYE 3013 62ND AVE N $139.35 Cycle 5, 3411921440038 0036870003 DARLENE PASLEY 3013 NASH RD $798.44 Cycle 5 3411921410126 0032490004 ROBERT W STRAUCH 3013 QUARLES RD $919.80 Cycle S 3411921140081 0032440009 MARYANN GARDING 3016 QUARLES RD $674.61 Cycle 5 0311821110014 0038420005 CHRISTOPHER P FAHEY 3018 61ST AVE N $767.01 Cycle 5 3411921410064 0033460006 ROSA VELAZQUEZ RAMOS 3018 OHENRY RD $175.98 Cycle 5 3411921140014 0008420000 KRISTEEN GOSSEN 3019 67TH AVE N $644.39 Cycle 1 3411921410127 0032500000 TIMUTI NEEPAY 3019 QUARLES RD $212.68 Cycle 5 3411921140084 .0032510009 JEFFREYJOHNSON 3025 QUARLES RD $665.21 Cycle 5 3411921110074 0009020007 ANNIE T GAILAH 310168TH AVE N $134.17 Cycle 1 3411921410084 0033540005 NATHAN EAGLE 3101 OHENRY RD $667.95 Cycle 5 3411921410112 0032870007 XAY XIONG 3107 65TH AVE N $649.32 Cycle 5 3411921140017 0008390005 VERONICA AMAYA - MENDEZ 3107 67TH AVE N $526.42 Cycle 1 1011821140020 0069350004 TERRY LARSON 3112 49TH AVE N $608.28 Cycle 6 3411921140004 0008520007 ADOLF ZYDOWICZ 3112 67TH AVE N $437.70 Cycle 1 3411921140058 0032210006 PHILIP JUDGE JR 3113 66TH AVE N $651.42 Cycle 5 3411921140018 0008380006 RENEE WHITTAKER 3113 67TH AVE N $150.34 Cycle 1 3411921440108 0035500007 PERRY MARTIN 3117 LAWRENCE RD $715.90 Cycle 5 0311821110010 0038380001 FOLUSO FAMUYIDE 3118 61ST AVE N $687.54 Cycle 5 3411921140044 0032070004 LONNIE RICKHEIM 3118 66TH AVE N $716.60 Cycle 5 3411921440078 0035770006 RENEE T PETERSON 3119 62ND AVE N $744.35 Cycle 5 3411921140059 0032220005 TINA KNUTH 3119 66TH AVE N $898.89 Cycle 5 3411921140088 0032550005 NICHOLAS HALUBAR 3119 QUARLES RD $260.94 Cycle 5 3411921140060 0032230004 FUE MOUA 3125 66TH AVE N $686.18 Cycle 5 3411921440024 0036780004 BRUCE WILSON 3200 MUMFORD RD $78.69 Cycle 5 3411921410060 0033420000 ROBYN JANUSZEWSKI 3200 POE RD $646.57 Cycle 5 3411921440080 0035790004 SHARON FINGER 320162ND AVE N $163.88 Cycle 5 3411921140029 0032710005 JENNIFER KURTH 3206 65TH AVE N $294.45 Cycle 5 3411921440025 0036370004 BRANDON LOGEMANN 3206 MUMFORD RD $622.45 Cycle 5 3411921140030 0032700006 TANYA HOSKINS 3212 65TH AVE N $632.70 Cycle 5 3411921440082 0035810000 AISLIN FRANKLIN 3213 62ND AVE N $685.64 Cycle 5 3411921140091 0032580002 KIONNE ROBINSON 3213 QUARLES RD $919.01 Cycle 5 3411921410012 0033820001 AFOLAKEMI HUFF 3218 63RD AVE N $445.20 Cycle 5 0311821110005 0038330006 NICHOLE CHRISTENSEN 3300 61ST AVE N $389.46 Cycle 5 3411921140033 0032670001 ELIZABETH WORSEHLEAY 3300 65TH AVE N $66.38 Cycle 5 3411921140071 0032340001 DAVID GLAUVITZ 3300, QUARLES RD $626.00 Cycle 5 1011821140052 0069210000 BRANDON FLEEMAN 330149TH AVE N $146.06 Cycle 6 3411921140025 0008310003 EDWARD MUNN 330167TH AVE N $161.33 Cycle 1 3411921440060 0035990000 THOMAS CORWIN 3306 62ND AVE N $268.14 Cycle 5 3411921410053 0033350009 STEVEN LEBLANC 3306 POE RD $153.01 Cycle 5 3411921410069 0033650002 ALBERT D COOKE 3313 POE RD $584.74 Cycle 5 3411921140095 0032620006 JACKIE PASTORET 3313 QUARLES RD $369.12 Cycle 5 3411921140067 0032300005 SHARLYN OCONNOR 3319 66TH AVE N $606.21 Cycle 5 1011821130008-0069800008 RESIDENT 3328 49TH AVE N $298.15 Cycle 6 3411921130012 0031190006 SOLOMON FRANKSAWARI 3400 66TH AVE N $483.62 Cycle 3 1011821420038 0063820002 CLOVER MGMT 340147TH AVE N $1,876.40 Cycle 6 1011821120001 0068000006 KATHLEEN J BARCLAY 340153RD AVE N $337.78 Cycle 6 3411921430026 0035950004 JOE PETRIE 3412 62ND AVE N $597.80 Cycle 5 1011821130032 0068310009 NICHOLAS RAMNARACE 3416 50TH AVE N $273.50 Cycle 6 3411921130044 0030980001 BRYAN COFFEE 350166TH AVE N $146.06 Cycle 3 3411921130017 0030730000 DONALD EKBERG 3508 66TH AVE N $591.44 Cycle 3 0311821130045 0044450004 WASIU AKINPELU 3508 ADMIRAL LA $453.81 Cycle 5 2711921420048 0011880000 KIMBERLY HOLLIE 3513 WOODBINE LA $709.60 Cycle 1 1011821420012 0063110008 MILTON GRANQUIST 3515 48TH AVE N $1,882.57 Cycle 6 3411921120002 0008130005 MOUND CEMETERY 3515 69TH AVE N $216.74 Cycle 1 2711921420082 0011340005 CHARLES R LINDBERG 351972ND AVE N $706.80 Cycle 1 0311821130044 0044460003 JEROME MOOT 3600 ADMIRAL LA $648.29 Cycle 5 2711921420050 0011860002 PAT QUINN 3601 WOODBINE LA $67.14 Cycle 1 0311821430058 0046640008 MARY ST CLAIR 3606 53RD AVE-N $790.54 Cycle 5 0311821430005 0046130000 KHON THOEUK 3606 54TH AVE N $119.94 Cycle 5 2711921420122 0011080007 ERICK EDSTROM 3616 VIOLET AVE $672.57 Cycle 1 0311821130060 0044100005 SUSAN MIELKE 3633 ADMIRAL LA $600.81 Cycle 5 3411921130027 0030440006 VICTOR OGUNBANWO 370166TH AVE N $558.08 Cycle 3 3411921120041 0007820002 JOANNE WERNER 370169TH AVE N $485.64 Cycle 1 0311821120079 0042110006 LAURARELLE PATTERSON 3707 61ST AVE N $122.97 Cycle 5 2711921420089 0011270004 KHAMPHA CHANTHAVONG 3707 72ND AVE N $206.80 Cycle 1 2711921420090 0011260005 SUNNIA THOMAS 3713 72ND AVE N $711.32 Cycle 1 2711921420099 0011170006 DAVE KRAUSE 3724 VIOLET AVE $674.18 Cycle 1 0311821310071 0045400008 DEAN MORGAN 3800 ECKBERG DR $633.16 Cycle 5 1011821210009 0065350008 ANN SOUTHARD 380153RD AVE N $278.22 Cycle 6 3411921340074 0027200009 ELLEN DOREE 380162NDAVE N $525.77 Cycle 3 1011821240019 0066230001 TODD TEVOGT 3807 51ST AVE N $281.83 Cycle 6 0311821310055 0045240008 MARTY LANDSEM 3807 56TH AVE N $671.23 Cycle 5 0311821240042 0044860004 ANDREW DAVIS 3807 FRANCE PL $139.35 Cycle 5 0311821240040 0044670007 KATHLEEN SHERIDAN 3808 FRANCE PL $657.12 Cycle 5 0311821310051 0045200002 MICHAEL GOUDE 3812 56TH AVE N $366.69 Cycle 5 2711921430063 0009820000 RESIDENT 3813 URBAN AVE $589.89 Cycle 1 0311821310050 0045190005 THOMAS BARIBEAU SR 3818 56TH AVE N $307.95 Cycle 5 0311821210105 0026780001 SHERMAN KHO 381861ST AVE N $672.40 Cycle 3 0311821310049 0045180006 ADEM H RABSA 3824 56TH AVE N $527.08 Cycle 5 1011821240022 0066200004 KECIA HAYSLETT 3825 51ST AVE N $428.00 Cycle 6 1011821210060 0067290004 STEVE WISE 3834 OAK ST $564.76 Cycle 6 1011821210052 0067400009 LYNN DORMOND 390152ND AVE N $478.01 Cycle 6 3411921340071 0027230006 TAMMY LENOIR 390162ND AVE N $608.99 Cycle 3 0311821310047 0045160008 DAWN TREBBY 3906 56TH AVE N $627.49 Cycle 5 0311821210108 0026760003 LUCKY I IGBINOBA 3906 61ST AVE N $444.06 Cycle 3 0311821310029 0044980000 LAURIANT AZANGUE 3906 BURQU EST LA $629.42 Cycle 5 0311821310028 0044970001 VICKEY KORLEWALA 3912 BURQUEST LA $655.28 Cycle 5 3411921340105 0027600000 KPOLUNWON DAHN 4001 JOYCE LA $544.60 Cycle 3 1011821310029 0061150006 LTF CLUB OPERATIONS CO INC 4001 LAKEBREEZE AVE $10,961.45 Cycle 6 0311821240014 0048160005 FRANCESCA MORRIS 4007 58TH AVE N $165.48 Cycle 5 2711921310080 0013460009 DAN OCONNELL 4106 WOODBINE LA $671.04 Cycle 1 0311821210120 0043370005 KATHLEEN TULLY 420161ST AVE N $630.56 Cycle 5 3411921240049 0028740003 JENNIFER GARDNER 4206 65TH AVE N $75.45 Cycle 3 3411921340003 0027050008 LAWRENCE E THOMAS 4206 JANET LA $171.10 Cycle 3 3411921340114 0028030009 ALEXANDER TOPAH 4207 63RD AVE N $466.52 Cycle 3 3611921120031 0056240000 EAST BROOK ESTATES 42169TH AVE N $129.28 Cycle 2 3411921340042 0027380009 LORNA FORTUNE 4212 62ND AVE N $133.85 Cycle 3 3411921240048 0028750002 KARLI HAMMES 4212 65TH AVE N $269.94 Cycle 3 1011821320063 0060480008 EKAH ITA 4216 LAKEBREEZE AVE $548.32 Cycle 6 3411921340040 0026640007 JOHNSON OGBORU 4218 61ST AVE N $666.48 Cycle 3 2711921320106 0015590001 WLEH TOGBA TOE 4307 WOODBINE LA $90.55 Cycle 1 3411921230046 0029400003 AUDREY HALSTEAD 4400 WINCHESTER LA $555.97 Cycle 3 3411921320108 0025680004 OMAR SANNEH 440165TH AVE N $654.42 Cycle 3 2711921320124 0013790009 MARCEL GAGNON 4407 71ST AVE N $1,016.27 Cycle 1 2711921320062 0014980005 KEN HUISINGA 4413 71ST AVE N $259.64 Cycle 1 3411921230082 0028850000 KIA THAO 4500 65TH AVE N $219.04 Cycle 3 3411921230081 0028860009 ADRIENE C LUXFORD 4506 65TH AVE N $402.00 Cycle 3 2711921320059 0014950008 ROGER ZIERKE 4507 71ST AVE N $730.40 Cycle 1 3411921230073 0029070004 WILLIAM SCHMIDT 4613 WINCHESTER LA $174.54 Cycle 3 1011821320013 0060560007 JEFFREY MCILRATH 4703 LAKEVIEW AVE $148.01 Cycle 6 1011821320012 0060570006 NANCY WILCOX 4705 LAKEVIEW AVE $561.54 Cycle 6 3311921410029 0023340007 MORTON J COBB 4706 63RD AVE N $721.34 Cycle 3 2811921410140 0014780009 TALATA BAYSAH 4706 WINGARD LA $340.17 Cycle 1 2811921410140 0014780009 SPECIALTY CONTRACTING SERV 4706 WINGARD LA $495.07 Cycle 1 2811921410207 0014760001 VIOLA GOBAH 4714 WINGARD LA $546.80 Cycle 1 1011821320040 0060530000 THERESA COOPER 4718 TWIN LAKE AVE $168.69 Cycle 6 1011821320039 0060520001 MIA THOMAS 4734 TWIN LAKE AVE $439.37 Cycle 6 2811921410019 0004170104 JENNIFER IVERSON 4801 WINGARD PL $163.77 Cycle 1 2811921410016 0004170401 ABDULAHI MOHAMED 4807 WINGARD PL $157.67 Cycle 1 2811921440014 0004750004 ALONZO ROBINSON 4812 69TH AVE N $164.05 Cycle 1 1011821320202 0060410005 MICHELLE YOUNG 4821 TWIN LAKE AVE $425.50 Cycle 6 1011821320203 0060510006 MICHELLE YOUNG 4823 TWIN LAKE AVE $129.41 Cycle 6 1011821130069 0063900002 PET CENTER 4900 FRANCE AVE N $411.88 Cycle 6 1011821140021 0069530001 LIZABETH MUTKA 4900 ZENITH AVE N $618.15 Cycle 6 1011821130069 0063900101 PET HOSPITAL 4902 FRANCE AVE N $4,225.38 Cycle 6 3311921140036 0020420000 JEANNE THEIS 4906 65TH AVE N $602.27 Cycle 3 1011821130022 0069100003 RANDY J LAN HART 4907 BEARD AVE N $396.56 Cycle 6 2811921410032 0004200208 JOHN POHTILLA 4907 WINGARD PL $432.40 Cycle 1 1011821140039 0069660006 KELLY KROGH 4908 ABBOTT AVE N $551.31 Cycle 6 1011821140018 0069390000 BRIAN VAN HAVERMAET 4911 BROOKLYN BLVD $383.91 Cycle 6 3311921140024 0020470005 FURMENCION TAPIA MENDOZA 4913 WINCHESTER LA $507.93 Cycle 3 1011821140012 0069430004 RUSTY SMITH 4937 BROOKLYN BLVD $707.60 Cycle 6 1011821140071 0068780003 CAROLYN A WINSTON 5001 BROOKLYN BLVD $137.18 Cycle 6 3311921140069 0019670003 BILL CARMICHAEL 5004 66TH AVE N $148.28 Cycle 3 3311921410085 0020690008 VICTORIA KROOK 5006 63RD AVE N - $226.59 Cycle 3 1011821140083 0068920005 WARD S MONROE 5006 ABBOTT AVE N $647.60 Cycle 6 3311921410104 0021650001 JOHN WETTERHAHN 5007 65TH AVE N $611.40 Cycle 3 1011821130030 0068340006 CECELIA SEWARD 5012 LILAC DR N $666.04 Cycle 6 3311921140066 0019640006 KELLY BACHOFER 5016 66TH AVE N $339.48 Cycle 3 1011821140069 0068760005 DELORES RILEY 5017 BROOKLYN BLVD $453.05 Cycle 6 2811921430023 0005940000 LORI WHEATON 5024 71ST AVE N $1,875.62 Cycle 1 .1011821130048 0064490003 RYNE JACKSON 5025 DREW AVE N $137.86 Cycle 6 1011821140066 0068380002 STEVE MASLOWSKI 5036 LILAC DR N $434.81 Cycle 6 1011821120078 0065160001 SUSAN MCKELVEY 5048 FRANCE AVE N $615.30 Cycle 6 1011821120055 0064140004 LORRAINE SETHER 5100 DREW AVE N $80.51 Cycle 6 3311921140056 0019090004 RENEE G KOJETIN 5100 HOWE LA $98.55 Cycle 3 3311921140020 0020020008 THONG VUE 5100 WINCHESTER LA $2,245.53 Cycle 3 3311921430001 0017840004 ASHAKI GRANT 510163RD AVE N $277.09 Cycle 3 1011821210069 0067230000 BRETT MYHRE 5101 FRANCE AVE N $137.18 Cycle 6 2811921430032 0006030009 ROBERTO CASTRUITA 5106 70TH AVE N $737.54 Cycle 1 1011821210068 0067220001 KAREN RODRIGUEZ 5107 FRANCE AVE N $561.62 Cycle 6 3311921130055 0020340000 SKROGSTAD CORP HOLDINGS LLC 5112 65TH AVE N $250.42 Cycle 3 3311921130082 0019350002 HEIDI VANDERVELDEN 5113 HOWE LA $593.89 Cycle 3 1011821120040 0064630004 THERESA GASMAN 5116 EWING AVE N $485.69 Cycle 6 3311921130053 0020320002 RESIDENT 5124 65TH AVE N $618.11 Cycle 3 3311921130060 0019050008 CHARLES E TURNER 5124 HOWE LA $642.63 Cycle 3 1011821120073 0064950006 WILLIAM KRIER 5125 EWING AVE N $604.29 Cycle 6 1011821210005 0065750009 JAMES M CURRY 5125 TWIN LAKE 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Cycle 4 0311821210079 0043520005 MARK K JOHNSON 5912 JUNE AVE N $653.84 Cycle 5 0311821110117 0039340004 DEB TALATALA 5913 XERXES AVE N $701.34 Cycle 5 0311821120027 .0040880006 BERNICE PENDY 5916 EWING AVE N $118.52 Cycle 5 0311821120099 0042830009 MAE GENEKPEIN 5918 ADMIRAL LA $412.03 Cycle 5 0211821220069 0038560008 PATRICIA HOLCOMB 5918 UPTON AVE N $631.47 Cycle 5 0311821210008 0042230002 GEBRETHADIK GETACHEW 5919 ADMIRAL LA $662.47 Cycle 5 0311821110116 0039350003 ELENA J MACARIO 5919 XERXES AVE N $532.32 Cycle 5 0311821120050 0042840008 JEREMIAH ANDRESEN 5924 ADMIRAL LA $395.94 Cycle 5 031.1821110071 0040510009 MOUNIRATOU SEGBAYA 5924 BEARD AVE N $592.76 Cycle 5 0111821210033 0092450008 JAMES CARLSON 5927 ALDRICH AVE N $314.30 Cycle 4 0111821220005 0089800009 JUSTIN HOFSETH 5927 DUPONT AVE N $653.01 Cycle 4 0311821120051 0042490002 TOURIYA DIOURY -JENKE 5928 ADMIRAL LA $817.47 Cycle 5 0311821110125 0039540009 JOHN H STOKER 5930 YORK AVE N $308.54 Cycle 5 0311821210035 0041540005 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$670.71 Cycle 4 0111821430106 0082860104 PHILLIP BERGLIN 601 BELLVUE LA $946.98 Cycle 6 0111821210015 0090600000 HECTOR HERNANDEZ 6013 COLFAX AVE N $697.83 Cycle 4 0111821220051 0089010005 NICHOLAS SHOPEK 6013 EMERSON AVE N $661.50 Cycle 4 i • 0311821120017 0041070003 GLORIA POINTER 6019 BROOKLYN BLVD $115.73 Cycle 5 0111821210066 0093340000 INANG EFFIONG EKAH 6019 CAMDEN AVE N $145.46 Cycle 4 0311821220008 0043830008 JOHN NICKELL 6019 JUNE AVE N $636.29 Cycle 5 0311821210031 0041500009 ROBERTA OLSON 6019 PEARSON DR $706.61 Cycle 5 0111821220041 0089510004 CHAD TESMER 6020 EMERSON AVE N $143.28 Cycle 4 0111821210097 0091410003 GLENN KURKE 6021 BRYANT AVE N $422.44 Cycle 4 0111821120031 0093970004 RENEE KLICK 6023 LYNDALE AVE N $763,16 Cycle 4 0311821220007 0043840007 PATRICIA SEVERSON 6025 JUNE AVE N. $423.81 Cycle 5 0111821220073 0087850006 RAY WARREN 6026 GIRARD AVE N $710.80 Cycle 4 0111821220064 0088000007 LAWRENCE GRIVNA 6027 FREMONT AVE N $106.78 Cycle 4 0111821210087 0092040007 DIANA WHITAKER 6028 BRYANT AVE N $544.42 Cycle 4 0111821210124 0091080103 RUKAYAT OYEDELE - OLOGBONORI 6030 COLFAX AVE N $855.88 Cycle 4 0311821120015 0041090001 ROCKWELL INVESTMENTS LLC 6031 BROOKLYN BLVD $753.94 Cycle 5 0311821210085 0043250009 PHIA LEE 6031 HALIFAX AVE N $486.85 Cycle 5 0111821220074 0087860005 DUSTIN LEE 6032 GIRARD AVE N $693.82 Cycle 4 0111821210046 0090280001 KEAN STENBERG 6042 DUPONT AVE N $632.70 Cycle 4 0311821120085 0041140004 SEE XIONG 6042 EWING AVE N $557.04 Cycle 5 0111821210010 0090550007 JAMES C WHITE 6043 COLFAX AVE N $317.63 Cycle 4 0111821130029 0094090000 SAM MUKHERJEE 605 59TH AVE N $622.69 Cycle 4 3611921330024 0089670006 EARL WASHINGTON 6101 DUPONT AVE N $155.22 Cycle 4 3611921340023 0091100000 JOHN CUMMINGS 6106 COLFAX AVE N $920.80 Cycle 4 3611921340096 0092330002 MONICA SHOCKENCY 6107 ALDRICH AVE N $641.15 Cycle 4 3611921430023 0093890004 HONEY LOCKARD 6109 LYN DALE AVE N $261.10 Cycle 4 3311921440033 0018000004 NOU THOU VANG 6113 QUAIL AVE N $539.59 Cycle 3 3611921340012 0092090002 BILL KOLBE 6114 BRYANT AVE N $638.32 Cycle 4 3311921440045 0018270003 WILLIAM A SMITH 6119 PERRY AVE N $514.83 Cycle 3 3411921340017 0027190002 GABRIEL SAYEE 6121 FRANCE AVE N $683.19 Cycle 3 3311921440018 0018190003 TELLY NICKENS 6124 QUAIL AVE N $105.93 Cycle 3 3611921330020 0089630000 LARRY SCHULTZ 6125 DUPONT AVE N $729.62 Cycle 4 3611921340014 0092110008 KELLY KROGH 6130 BRYANT AVE N $295.18 Cycle 4 3311921430019 0017710009 PAUL A SAARI 6130 SCOTT AVE N $510.88 Cycle 3 3311921440058 0017940002 DEMARCUS BROWN 6136 REGENT AVE N $625.31 Cycle 3 3411921330054 0024290003 MOLINNA PHOMPHACKDY. 6137 LEE AVE N $157.16 Cycle 3 3311921430021 0017690003 ALVINA LOPEZ 6142 SCOTT AVE N $145.45 Cycle 3 3611921430036 0093180000 DON FETT 6200 CAMDEN AVE N $596.49 Cycle 4 3411921430007 0031900008 BRIDGEMANS 6201 BROOKLYN BLVD $2,385.87 Cycle 3 3411921430028 0037270005 HARRIET ISANKA 6207 CHOWEN AVE N $231.36 Cycle 5 3411921330051 0024260006 ROMEO GONO 6207 LEE AVE N $614.26 Cycle 3 3311921430024 0017660006 WILLIAM LORENTZ 6212 SCOTT AVE N $641.53 Cycle 3 3411921330028 0025890009 DEAN ONDICH 6213 KYLE AVE N $150.50 Cycle 3 3611921330006 0088800000 CARLA NELSON 6214 LILAC DR N $464.10 Cycle 4 3411921330065 0023790003 CHRISTOPHER HAGEN 6217 MAJOR AVE N $507.91 Cycle 3 3411921330018 0026110001 TERESA A CLARK 6218 KYLE AVE N $156.05 Cycle 3 3611921330001 0088810009 SAUL HEU 6218 LILAC DR N $323.77 Cycle 4 3411921330060 0024000006 MICHAEL LUTZ 6218 MAJOR AVE N $182.03 Cycle 3 3311921440027 0018060008 OLUBUNMI OLABIYI 6219 QUAIL AVE N $649.68 Cycle 3 3611921340044 0093060004 ALFREDO HERNANDEZ 6221 CAMDEN AVE N $648.32 Cycle 4 3411921330037 0025480009 CHRISTINE BROWN 6224 LEE AVE N $628.72 Cycle 3 3611921340049 0091270001 RECIFE PROPERTIES INC 6225 BRYANT AVE N $837.22 Cycle 4 3411921340091 0027870009 JOSHUA KIDD 6225 FRANCE AVE N $741.15 Cycle 3 3411921330048 0024230009 TOM CRAMER 6225 LEE AVE N $579.74 Cycle 3 3511921330008 0035350007 ALYSSA WILSON 6228 BROOKLYN DR $528.50 Cycle 5 3411921330020 0026130009 RAUL SIGALA PRADO 6230 KYLE AVE N $129.41 Cycle 3 3411921330036 0025490008 JASON STANFORD 6230 LEE AVE N $710.04 Cycle 3 3611921340079 0092180001 LUIS QUINTUNA- 6234 BRYANT AVE N $669.19 Cycle 4 3411921330061 0023750007 JASON BLANSKI 6241 MAJOR AVE N $573.68 Cycle 3 3311921430002 0017610001 VICKI CHARLES 6242 SCOTT AVE N $571.69 Cycle 3 3311921420116 0022210003 JOAN BOURASA 6300 UNITY AVE N $101.68 Cycle 3 3411921420007 0031820008 DONALD M BLOM 6301 BROOKLYN BLVD $433.92 Cycle 3 3411921310047 0028370009 JAMES HESTER 6301 INDIANA AVE N $652.59 Cycle 3 3411921420009 0031730009 PATTI LAUER 6306 FRANCE AVE N $82.00 Cycle 3 3411921310020 0031700002 MIKEAL ABBOTT 6307 FRANCE AVE N $139.40 Cycle 3 3511921320.085 0034080001 NICOLE STEWART 6309 BROOKLYN DR $72.22 Cycle 5 3411921320081 0025810007 GILFORD SUNDEEN 6313 KYLE AVE N $246.30 Cycle 3 3311921410044 0022500007 WILLIAM A HILL 6313 ORCHARD AVE N $677.65 Cycle 3 3511921320052 0034350008 DENNIS SMALL 6319 BROOKLYN DR $622.86 Cycle 5 3311921410077 0020610006 ZOZANNE DIZAYEE 6319 PERRY AVE N $423.12 Cycle 3 3611921320066 0098810007 BOBBI WILLIAMS 6324 HUMBOLDT AVE N $426.18 Cycle 4 3411921420004 0031780004 NHI FLING 6325 BROOKLYN BLVD $142.73 Cycle 3 3411921410034 0033160002 CHADROUTIE RAMDIN 6325 XERXES AVE N $397.44 Cycle 5 3611921420020 0000930108 CROWN BRAWLEY LLC 6330 CAMDEN AVE N $2,184.06 Cycle 4 3411921320062 0026420004 ALAN MILLER 6331 JUNE AVE N $506.05 Cycle 3 3311921410113 0021100007 MICHELLE MARES 6332 REGENT AVE N $574.30 Cycle 3 3311921420030 0021250000 TROY BAKER 6333 REGENT AVE N $599.48 Cycle 3 3311921410015 0022590008 ADAN C DOMINQUIZ 6336 ORCHARD AVE N $290.10 Cycle 3 3611921320002 0099750004 LUCAS CARPENTER 6337 DUPONT AVE N $563.39 Cycle 4 3611921320063 0099020002 TANYA HAYES 6337 GIRARD AVE N $312.65 Cycle 4 3611921320050 0099110001 ANGELA WUENSCH 6400 GIRARD AVE N $891.85 Cycle 4 3311921410017 0022610004 BEE YANG 6400 ORCHARD AVE N $238.76 Cycle 3 3411921320008 0023220001 JOSEPH SCHORN 6401 LEE AVE N $616.04 Cycle 3 3611921310004 0000060005 SHARI MANIER 6406 COLFAX AVE N $727.64 Cycle 4 3411921310074 0028630006 MOHAMMAD KALAM 6406 INDIANA AVE N $461.30 Cycle 3 3511921310013 0034690007 MOHAMED D HASSAN 6407 BROOKLYN DR $130.87 Cycle 5 3411921320114 0025740006 DENNIS WELLS 6407 KYLE AVE N $732.25 Cycle 3 3311921410071 0020550004 GARY DAVIS 6407 PERRY AVE N $267.48 Cycle 3 3411921320028 0022870004 GUILLERMO JIMENEZ 6412 NOBLE AVE N $198.44 Cycle 3 3311921410055 0022320000 MARY ROONEY 6412 PERRY AVE N $568.24 Cycle 3 3611921320017 0099710008 DANA BAILEY 6413 DUPONT AVE N $620.77 Cycle 4 3411921320097 0026370001 ANGELA MARQUES 6413 JUNE AVE N $571.04 Cycle 3 3311921410006 0022740009 SUSAN BATES 6413 NOBLE AVE N $114.92 Cycle 3 3411921310106 0030150001 ARENA LEARNING CTR 6415 BROOKLYN BLVD $4,599.92 Cycle 3 3411921310071 0028600009 JEREMY ZIEBARTH 6419 MARLIN DR $269.25 Cycle 3 3411921320014 0023120003 CHARLES HARGROVE 6424 MAJOR AVE N $680.16 Cycle 3 3311921410108 0021140201 MICHAEL LAFAVE 6424 REGENT AVE N $635.39 Cycle 3 3311921410004 0022720001 GERALD R RAMALEY 6425 NOBLE AVE N $143.84 Cycle 3 3311921420037 0021360007 THONG YANG 6425 SCOTT AVE N $689.00 Cycle 3 3611921320036 0099160006 ROB DARSOW 6430 GIRARD AVE N $650.96 Cycle 4 3411921320019 0022950004 JON L HUDLOW 6431 MAJOR AVE N $146.06 Cycle 3 3311921410067 0020510008 LUIS MUNOZ 6431 PERRY AVE N $164.10 Cycle 3 3411921310079 0028680001 HARRY NARINE 6436 INDIANA AVE N $90.50 Cycle 3 3411921320093 0026330005 TINA ROBINSON 6437 JUNE AVE N $179.59 Cycle 3 3411921130084 0030370005 MAE PROPERTIES LLP 6500 BROOKLYN BLVD $2,036.73 Cycle 3 3511921310009 0035060002 MARK HACKETT 6501 BROOKLYN DR $577.23 Cycle 5 3411921130070 0031080009 SOLANGE DAVIS- RIVERA 6512 CHOWEN AVE N $423.70 Cycle 3 3411921130064 0031140001 JAY VAUGHAN 6519 BEARD AVE N $135.18 Cycle 3 3311921130079 0018860001 RESIDENT 6523 UNITY AVE N $588.50 Cycle 3 3311921130014 0019870009 JED RANCOUR 6524 UNITY AVE N $657.61 Cycle 3 3411921130045 0030970002 EBRIMATOURAY 6537 CHOWEN AVE N $621.05 Cycle 3 3411921130042 0030610004 THERESA SAYE 6538 EWING AVE N $302.16 Cycle 3 3411921130060 0031180007 JANIS SALO 6543 BEARD AVE N $629.78 Cycle 3 3611921130128 0055430008 ABHISHEK MEHTA 6543 RIVERWOOD LA $884.85 Cycle 2 3411921240056 0030480101 MIKE BELL 6607 FRANCE AVE N $554.83 Cycle 3 3611921240058 0058810008 SHEILA JOHNSON 6610 COLFAX AVE N $666.77 Cycle 2 3611921130096 0056710200 JAMIE EDWARDS 6620 CAMDEN DR $579.55 Cycle 2 3611921240016 0058230009 TROY KOUBSKY 6626 BRYANT AVE N $839.53 Cycle 2 3611921240045 0059350004 ALYN EASTIN 6642 DUPONT AVE N $183.09 Cycle 2 3611921240052 0058470001 MARIAM IBRAHIM 6645 BRYANT AVE N $473.56 Cycle 2 3411921120017 0007650003 WILLY FRANKLYN 6700 EWING AVE N $714.21 Cycle 1 3311921110087 0001640000 DEBORAH SALITERMAN 6700 QUAIL AVE N $271.24 Cycle 1 3511921110058 0060820300 LISA JOHNSON 6704 IRVING PL N $581.88 Cycle 2 3411921120026 0007950007 MICHELLE MURCH 6707 DREW AVE N $559.38 Cycle 1 3311921110078 0001360005 DARIUS GILES 6707 QUAIL AVE N $787.46 Cycle 1 3311921120044 0000660009 STACY DAVIS 6712 TOLEDO AVE N $736.28 Cycle 1 3611921210049 0059060009 KENNETH KING 6713 COLFAX AVE N $849.05 Cycle 2 3311921120038 0000480002 RESIDENT 6713 TOLEDO AVE N $596.76 Cycle 1 3411921210012 0007320003 PAUL GALLUP 6715 FRANCE AVE N $712.81 Cycle 1 3611921210079 0061010000 TIMOTHY FRANKLIN 6718 BRYANT AVE N $664.35 Cycle 2 3611921210100 0061220005 GREG FORSBERG 6719 CAMDEN AVE N $186.68 Cycle 2 3411921120024 0007930009 NANCY XIONG 6719 DREW AVE N $156.45 Cycle 1 3311921110076 0001380003 DENNA RUCKER 6719 QUAIL AVE N $157.67 Cycle 1 3611921120056 0056780005 KIM CARTIER 67215TH ST N $118.74 Cycle 2 3611921120015 0055100007 TERRANCE MAGALIS 6724 WILLOW LA N $659.21 Cycle 2 3311921120100 0001070000 KRISTEN SCHMITTOU 6725 REGENT AVE N $509.18 Cycle 1 3411921210019 0007130006 BOBBY FIELDS 6728 GRIMES AVE N $291.75 Cycle 1 3311921110098 0001290004 KAREN HAVERTY 6730 REGENT AVE N $143.01 Cycle 1 3311921120075 0000970002 ROBERT M OLSON 6730 SCOTT AVE N $74.65 Cycle 1 3611921220035 0060050007 JOHN E LEE 6733 EMERSON AVE N $225.54 Cycle 2 3611921210037 0057720000 FRANCES AKINDELE 6736 COLFAX AVE N $778.86 Cycle 2 3311921110081 0001580008 RESIDENT 6736 QUAIL AVE N $2,868.68 Cycle 1 3311921120040 0000700003 KIMBERLY SYKES 6736 TOLEDO AVE N $780.56 Cycle 1 3311921110096 0001270006 DIANA WILLIAMS 6742 REGENT AVE N $198.19 Cycle 1 3311921110015 0002170007 IRNESTO GUERRERO 6800 ORCHARD AVE N $478.53 Cycle 1 3311921110065 0001560000 KAREN ANTHONY 6800 QUAIL AVE N $666.35 Cycle 1 3411921120047 0007880006 MICHAEL MILLER 6801 DREW AVE N $790.54 Cycle 1 3311921120072 0000790004 KAREN EDEBURN 6801 SCOTT AVE N $688.94 Cycle 1 3611921220079 0060170102 GREGORY TONGE 6805 FREMONT PL N $165.47 Cycle 2 3411921110038 0009490002 EUGENE SUGGS 6806 BEARD AVE N $733.24 Cycle 1 3411921120069 0007440009 RESIDENT 6806 FRANCE AVE N $617.51 Cycle 1 3411921120046 0007870007 CARMEN CATTLEDGE 6807 DREW AVE N $792.42 Cycle 1 3411921120050 0007750001 GEORGE MARSHALL 6812 EWING AVE N $633.35 Cycle 1 3311921110013 0002150009 RAUL ERICKSON 6812 ORCHARD AVE N $620.72 Cycle 1 3311921120062 0000920007 SHANNON GARRITY 6812 SCOTT AVE N $150.55 Cycle 1 3411921110061 0009290006 ELIZABETH PARADES PAULINO 6812 ZENITH AVE N $531.48 Cycle 1 3611921210010 0058040002 JOE FALKOWSKI 6816 BRYANT AVE N $479.86 Cycle 2 3611921220075 0060190803 RIGOBERT NZIMI 6816 FREMONT PL N $274.30 Cycle 2 3611921220022 0059760004 SALIMATU BUTLER 6818 EMERSON AVE N $718.61 Cycle 2 3411921120051 0007760000 LORRAINE SENESCALL 6818 EWING AVE N $206.63 Cycle 1 3311921110062 0001530003 JOEY C NIENABER 6818 QUAIL AVE N $693.75 Cycle 1 3611921220031 0060090003 JOHN SOLOMON 6819 EMERSON AVE N $769.46 Cycle 2 3611921210032 0058110003 LEMUEL PORTER 6823 BRYANT AVE N $635.54 Cycle 2 3411921120043 0007840000 DREANNA ALSTON 6825 DREW AVE N $619.68 Cycle 1 3611921220072 0060190506 ZOUA LEE 6828 FREMONT PL N $61.81 Cycle 2 3611921210015 0059160007 RESIDENT 6835 COLFAX AVE N $99.96 Cycle 2 3311921110009 0002110003 ROBERT SHAW 6836 ORCHARD AVE N $720.79 Cycle 1 3311921120066 0000850006 JESSICA STEGBAUER 6837 SCOTT AVE N $656.14 Cycle 1 3611921220101 0060172306 KEVIN P GUSTAFSON 6839 FREMONT PL N $573.64 Cycle 2 3311921110038 0001790003 MICK MAGUIRE 6839 PERRY AVE N $882.13 Cycle 1 3411921120028 0008110007 MICHAEL HOEMBERG 6842 DREW AVE N $509.82 Cycle 1 2611921430105 0010590003 GENARO M VASQUEZ 6900 OLIVER AVE N $653.17 Cycle 2 2611921430018 0011260002 COMFORT BROPLEH 6901 MORGAN AVE N $555.26 Cycle 2 2711921330030 0004020002 SCOTT PHILLIPS 6906 MAJOR AVE N $169.88 Cycle 1 2811921430009 0006100000 PHILL SMOGER 6906 SCOTT AVE N $734.21 Cycle 1 2711921430102 0009960004 JOEL VANDENBOOM 6907 PALMER LAKE DR W $642.79 Cycle 1 2811921430049 0006380305 REBEKAH POULIOT 6908 UNITY AVE N $563.72 Cycle 1 2711921340013 0014230005 WANDA SANVIK 6913 HALIFAX AVE N $575.02 Cycle 1 2611921430016 0011280000 KIM BOIKE 6913 MORGAN AVE N $289.19 Cycle 2 2811921430005 0006060006 KHADRA FARAH 6913 REGENT AVE N $190.73 Cycle 1 2711921330042 0004060008 DAN DEMPSEY 6915 MAJOR AVE N $600.32 Cycle 1 2711921330013 0003800008 DEAN LITTLE 6927 BROOKLYN BLVD $651.36 Cycle 1 2711921340039 0013130008 SONYA HERR 6930 HALIFAX AVE N $569.10 Cycle 1 2711921340021 0014170003 PAUL ROWE 6930 INDIANA AVE N $160.11 Cycle 1 2511921430032 0050080006 MARIA RAJ 6931 DALLAS RD $141.20 Cycle 2 2511921430025 0051600000 JEAN EMMANUEL 6931 WILLOW LA N $936.75 Cycle 2 2711921330035 0003970009 JONATHAN EVARTS 6936 MAJOR AVE N $715.59 Cycle 1 2711921340002 0014060006 DIANE CANFIELD 6937 INDIANA AVE N $106.78 Cycle 1 2711921330102 0099992145 J & P INVESTMENTS LLC 6940 BROOKLYN BLVD $1,222.71 Cycle 1 2711921340073 0012550008 JOAN M PAVLIK 6942 GRIMES AVE N $476.51 Cycle 1 2711921430093 0011000005 DAVID WYLIE 6943 PALMER LAKE DR W $699.67 Cycle 1 2511921430007 0050510002 LUIS MORALES 7000 DALLAS RD $265.55 Cycle 2 2811921440025 0004850002 CHRIS BOWE 7000 QUAIL AVE N $161.33 Cycle 1 2511921330033 0021570002 EMMANUEL NKETAH 7001 EMERSON AVE N $272.96 Cycle 2 2811921440047 0005700008 JODI BRADFORD 7001 QUAIL AVE N $816.06 Cycle 1 2711921430044 0010390001 KARI DRISTE 7007 EWING AVE N $610.07 Cycle 1 2711921430032 0010470001 ANNA THOMAS 7012 EWING AVE N $630.57 Cycle 1 2611921440021 0014020007 PAUL CAVALLARO 7013 KNOX AVE N $684.62 Cycle 2 2811921430115 0006382806 BRENDA LTRAFTON 7017 UNITY AVE N $225.64 Cycle 1 2711921330005 0013840002 THOMAS SCHAFF 7018 BROOKLYN BLVD $101.68 Cycle 1 '2611921440056 0013230003 OMAR ADAMS 7018 IRVING AVE N $604.54 Cycle 2 2611921430054 0011780009 JOYCE A JALLAH 7018 MORGAN AVE N $369.69 Cycle 2 2811921430079 0006382608 JOY REINHART 7020 UNITY AVE N $140.51 Cycle 1 2511921330038 0021510008 ANTHONY BROWN 7024 FREMONT AVE N $662.90 Cycle 2 2811921440058 0005880008 BEST ASSETS 7024 REGENT AVE N $97.95 Cycle 1 2511921330061 0021130005 KELLY DAVIS 7025 FREMONT AVE N $640.48 Cycle 2 2611921440063 0013300004 LATRICE DAVIS 7025 HUMBOLDT AVE N $651.11 Cycle 2 • • • 2611921430042 0012020009 DR. CHIKE ONYEKABA 7025 LOGAN AVE N $157.00 Cycle 2 2711921330082 0014470007 ANDREA WALKER 7030 BROOKLYN BLVD $687.12 Cycle 1 2611921430074 0011120008 LAMAR WALKER 7030 NEWTON AVE N $151.56 Cycle 2 2511921330028 0021620005 AGHARESE AGHAYEDO 7031 EMERSON AVE N $578.30 Cycle 2 2611921440062 0013310003 CHRIS BANGS 7031 HUMBOLDTAVE N $163.77 Cycle 2 2611921440033 0013090001 ANNABELLE GREGORY 7031 JAMES AVE N $592.35 Cycle 2 2711921430002 0010750006 JEFFREY GRANDELL 7036 DREW AVE N $156.45 Cycle 1 2711921430014 0010560009 TIMOTHY J GRAHAM 7037 DREW AVE N $644.44 Cycle 1 2511921330059 0021150003 EDWINA MCGILL 7037 FREMONT AVE N $658.35 Cycle 2 2711921330084 0014480006 YA VANG 7038 BROOKLYN BLVD $936.91 Cycle 1 2611921440004 0012370008 MARGARET GREEN 7042 LOGAN AVE N $169.88 Cycle 2 2711921420021 0010190005 ALONZO MCC LENDON 7048 FRANCE AVE N $504.29 Cycle 1 2511921320088 0021650002 DAVID FIEDLER 7049 EMERSON AVE N $884.88 Cycle 2 2711921330091 0014510109 ALBRECHT LTD 7066 BROOKLYN BLVD $734.99 Cycle 1 2811921430140 0006389009 ROGER ADJETE 7073 UNITY AVE N $173.54 Cycle 1 2811921430141 0006388902 ROSIE TIMS 7077 UNITY AVE N $130.47 Cycle 1 2511921320064 0020160003 SUSANNAH K GONO 7100 HUMBOLDT AVE N $219.46 Cycle 2 2811921410197 0004240105 MS. JOHNNIE HARVEY 7100 QUAIL CIR W $356.32 Cycle 1 2511921320040 0020510009 JAMES PAJIBO 7101 GIRARD AVE N $104.72 Cycle 2 2711921310042 0013300007 DIONYSIUS APOSTOLOU 7106 HALIFAX AVE N $582.43 Cycle 1 2711921320103 0015730003 BRETT ROBIDEAU 7112 JUNE AVE N $658.58 Cycle 1 2811921410021 0004180202 CHRISTOPHER KILBURN 7112 PERRY PL $510.61 Cycle 1 2511921320038 0020530007 FLORA HILL 7113 GIRARD AVE N $591.31 Cycle 2 2711921320115 0015690009 BETH CARTER 7113 JUNE AVE N $705.00 Cycle 1 2711921320013 0015260001 DELARNAS MCGHEE 7118 LEE AVE N $1,033.06 Cycle 1 2611921420047 0011070005 MARK EDSON 7118 NEWTON AVE N $735.65 Cycle 2 2711921310037 0012920003 YAI GBAMY 7119 GRIMES AVE N $30.67 Cycle 1 2511921320085 0021420000 LARRY LEAKS 7124 FREMONT AVE N $764.91 Cycle 2 2711921310045 0013330004 ROBERTTHATCHER 7124 HALIFAX AVE N $455.10 Cycle 1 0111821240035 0092650003 NATASHA L GUNDERSEN 713 58TH AVE N $680.62 Cycle 4 2711921320093 0015520008 BRETT CORBITT 7130 KYLE AVE N $649.98 Cycle 1 2811921420013 0006387805 GERALDINE KAPEY 7133 UNITY AVE N $286.11 Cycle 1 2511921320087 0021400002 GREG LARSON 7136 FREMONT AVE N $601.60 Cycle 2 2611921420050 0011040008 PAUL PHILBEN 7136 NEWTON AVE N $41.10 Cycle 2 2711921310050 0012250005 DR. FAYE LARRY 7137 FRANCE AVE N $586.22 Cycle 1 2711921310034 0012890008 TERESA BLANCHARD 7137 GRIMES AVE N $519.64 Cycle 1 2711921310064 0012710008 TONI JESINOSKI 7142 GRIMES AVE N $674.07 Cycle 1 2811921420037 0006394207 JULIE M SAMPSON 7176 UNITY AVE N $607.56 Cycle 1 2811921420038 0006394306 LEE STEWART 7180 UNITY AVE N $602.65 Cycle 1 2811921420097 0006400103 KIMBERLY CARPENTER 7189 UNITY AVE N $576.27 Cycle 1 2711921320048 0014590002 DEWEY R LEDIN 7200 NOBLE AVE N $883.30 Cycle 1 2611921420076 0010860000 MARY ZILKE 7201 NEWTON AVE N $628.25 Cycle 2 2811921410150 0004370308 FAIZA L KHAN 7201 PERRY CT E $215.87 Cycle 1 2811921410090 0004360309 BARBARA LATHAM 7204 PERRY CT E $697.67 Cycle 1 2511921320080 0021670000 DOROTHY WHITE 7207 EMERSON AVE N $653.54 Cycle 2 2511921320031 0020580002 VEOPHETLANG KHAMVONGSOUK 7207 GIRARD AVE N $308.15 Cycle 2 2811921410182 0004320105 TRINA TAYLOR 7207 PERRY CT E $811.67 Cycle 1 2811921420101 0006400509 CHARLEEN MALLORY 7209 UNITY AVE N $613.23 Cycle 1 2511921420039 0050420004 DAN WHITTENBURG 7211 DALLAS RD $776.25 Cycle 2 2511921310040 0023010007 KEVIN J O'HARA 7212 ALDRICH CT $657.09 Cycle 2 2511921320056 0020060005 WILLIAM CORWIN 7212 HUMBOLDT AVE N $691.69 Cycle 2 2711921320039 0015090002 SHELIA HOLLEY 7212 MAJOR AVE N $423.23 Cycle 1 2511921320102 0022300003 ELLIOT 0 SUNDLEE 7213 DUPONT AVE N $625.53 Cycle 2 2511921310083 0022920008 ALYATTU CAPEHART 7217 CAMDEN AVE N $478.03 Cycle 2 2511921320109 0021880005 JOHN A LITZAU 7218 EMERSON AVE N $771.11 Cycle 2 2511921310049 0023150001 RESIDENT 7219 BRYANT AVE N $619.62 Cycle 2 2711921310021 0012840003 JAMES EDWARDS 7219 GRIMES AVE N $544.45 Cycle 1 2511921320005 0021340000 YOLANDA MARIN 7224 FREMONT AVE N $635.04 Cycle 2 2811921410163 0004290308 KATIE JANASZAK 7226 PERRY CT E $460.90 Cycle 1 2511921320012 0021270009 STEPHEN R GANDSEY 7229 FREMONT AVE N $593.33 Cycle 2 2511921320052 0020020108 ADAM VERZALIK 7234 HUMBOLDT AVE N $776.71 Cycle 2 2611921420100 0010240005 LEROYCE WALKERFIELDS 7237 OLIVER AVE N $337.01 Cycle 2 2511921410039 0051020001 ALIRENA BROWN 7237 WILLOW LA N $608.12 Cycle 2 2511921420032 0050700009 LOUIS A SIMBANA PEDRO 7242 DALLAS RD $681.44 Cycle 2 2511921310045 0022790005 DORIS JEFFERSON 7243 BRYANT AVE N $656.91 Cycle 2 2711921310001 0012160006 KERRY GOVAN 7243 FRANCE AVE N $633.63 Cycle 1 0111821310150 0080620005 MIKE DONNELLY 806 55TH AVE N $550.62 Cycle 6 3611921240013 0058200002 KATHY WILLIAMS 81167TH AVE N $617.10 Cycle 2 0 • • 0 • • 2511921340005 0023410009 ERIN WIXSTEN 824 69TH AVE N $166.69 Cycle 2 2511921310011 0022680008 DASHINA POWELL -WHITE 824 WOODBINE LA $496.33 Cycle 2 0111821310084 0080870006 JULIE SUCKOW 827 57TH AVE N $146.06 Cycle 6 2511921340009 0023480002 CAROLYN ITTNER 86170TH AVE N $143.01 Cycle 2 2511921340015 0023510006 ROBERT B LOGAN 88170TH AVE N $662.16 Cycle 2 0111821310009 0080460006 LAWRENCE PARRET 907 57TH AVE N $348.03 Cycle 6 2511921310014 0022500008 JOHN MASTER 907 73RD AVE N $281.56 Cycle 2 754 9/6/2011 $392,965.22 I Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the records of the Utility Billing Division list certain accounts as delinquent as of 30 June 2011; and WHEREAS, the owners of record of the properties served by each delinquent account have been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statutes, Section 444.075 and City Ordinances, Sections 4- 105 and 4 -201 authorize certification of such delinquent accounts to the County tax rolls for collection; and WHEREAS, a special assessment roll, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a delinquent public utility account is to be assessed with the amount, including interest and service • charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent public utility accounts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The special assessment roll of delinquent public utility accounts is hereby adopted and certified as Levy No. 17873. 2. The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2011, in one annual installment with interest thereon at six (6.0) percent per annum, and shall bear interest on the entire assessment from October 14, 2011 through December 31, 2012. 3. The owner of any property so assessed may at any time prior to the certification of the assessments to the County Auditor pay the whole of the assessment to the' City Treasurer, without interest, if the entire assessment is paid on or before October 12, 2011. From October 13, 2011, the owner may pay the total assessment, plus interest accumulated from October 13, 2011 through the date of payment. Such payments • must be made by the close -of- business on November 29, 2011 or interest will be RESOLUTION NO. • charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county, and such assessments shall be collected and paidover in the same manner as other municipal taxes. September 12, 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. • City of Brooklyn Center Preliminary 2012 General Fund Budget and Preliminary Property Tax Levy Payable in 2012 Monday, 12 September 2011 City of Brooklyn Center General Fund Budget Summary MT for the year ending 31 December 2012 Actual Budget Budget Dollar % 2010 2011 2012 Change Change Revenues: Property Tax 11,957,609 12,905,340 13,207,954 302,614 2.34% Lodging Tax 696,746 705,000 710,000 5,000 0.71% Licenses 309,252 266,890 254,867 (12,023) (4.50%) Perm its 754,693 339,500 380,700 41 ,200 12.14% Federal IG Revenue 2,433 100,000 125,000 25,000 25.00% State IG Revenue 866,817 659,365 649,365 (10,000) (1 .52%) Local IG Revenue 68,582 68,900 69,950 1 ,050 1 .52% General Charges for Service 346,560 246,800 322,150 75,350 30.53% Recreation Programs 295,097 307,768 296,582 (11,186) (3.63%) Community Center/Pool 343,960 389,590 390,100 510 0.13% Fines & Forfeits 359,937 322,800 348,500 25,700 7.96% Miscellaneous Revenue 262,897 90,620 95,000 4,380 4.83% Total Revenues: 16,264,583 16,402,573 16,850,168 447,595 2.73% Actual Budget Budget Dollar % 2010 2011 2012 Change Change Expenditures: Mayor & Council 123,535 130,364 132,249 1,885 1.45% City Manager 279,511 274,845 281,360 6,515 2.37% Elections 101,633 95,893 111,793 15,900 16.58% City Clerk 152,350 156,094 158,832 2,738 1 .75% Finance 479,316 473,916 503,722 29,806 6.29% Legal 397,138 380,000 380,000 - 0.00% Human Resources 266,157 280,261 293,192 12,931 4.61% Information Technology 382,442 394,908 429,349 34,441 8.72% General Government Buildings 860,285 766,808 730,778 (36,030) (4.70%) Administration 3,042,367 2,953,089 3,021 ,275 68,186 2.31% Police Administration 231,623 238,406 254,555 16,149 6.77% Police Investigation 713,729 794,770 807,907 13,137 1.65% Police Patrol 4,500,841 4,648,343 4,673,326 24,983 0.54% Police Support Services 805,582 840,037 840,228 191 0.02% Police Station Building 193,092 208,453 221,239 12,786 6.13% Fire Department 917,983 980,287 996,913 16,626 1 .70% Emergency Management 88,459 81 ,855 74,000 (7,855) (9.60%) Building Inspection 380,949 423,297 437,895 14,598 3.45% Code Enforcement 345,814 451 ,622 405,683 (45,939) (10.17%) Public Safety 8,178,072 8,667,070 8,711 ,746 44,676 0.52% Actual Budget Budget Dollar % 2010 2011 2012 Change Change PW Administration & Engineering 614,736 580,955 614,309 33,354 5.74% Street Maintenance 1 ,400,631 1 ,475,210 1,509,634 34,424 2.33% Parks Maintenance & Forestry 893,190 963,081 987,976 24,895 2.58% Public Works 2,908,557 3,019,246 3,111,919 92,673 3.07% CARS Administration 191,061 195,533 195,643 110 0.06% Recreation Programs 708,886 713,780 717,623 3,843 0.54% Community Center & Pool 519,943 563,403 555,046 (8,357) (1.48%) CARS 1 ,419,890 1 ,472,716 1 ,468,312 (4,404) (0.30%) Planning & Zoning 65,215 123,841 139,353 15,512 12.53% Assessing 313,862 317,494 361 ,469 43,975 13.85% Business & Development 379,077 441 ,335 500,822 59,487 13.48% Social Services 77,645 99,150 97,250 (1 ,900) (1 .92%) Convention & Tourism 330,955 334,875 337,250 2,375 0.71% Civic Events 5,000 5,000 - (5,000) (100.00%) Insurance 163,312 210,545 231 ,514 20,969 9.96% Central Supply & Support 137,237 163,915 245,800 81 ,885 49.96% Transfers (677,874) (964,368) (894,302) 70,066 (7.27%) Other Expenditures 36,275 (150,883) 17,512 168,395 (111.61%) Expenditures 15,964,238 16,402,573 16,831 ,586 429,013 2.62% Revenues Over/(Under) Expenditures 300,345 - 18,582 18,582 City of Brooklyn Center Pay 2012 Property Tax Levy Proposal as of 6 September 2011 A B C Levied Levied Proposed Levy Pay Pay Pay 2010 2011 2012 1 General Property Tax Levy 6,684,916 6,766,374 131070,243 2 Police & Fire Levy: 5,122,581 5,173,806 - 3 Fire Relief Association Pension 65,945 40,000 12,711 4 Foreclosure Levy: 125,000 125,000 125,000 5 2008 LGA Unallotment: 42,100 - - 6 2009 LGA Unallotment: 463,502 - - 7 2010 LGA Unallotment 296,138 - 8 2010 MVHC Unallotment - - 9 2010 Supplemental Cuts to LGA/MVHC 504,022 - 10 2011 Supplemental Cuts to MVHC - - -- --------- ............. 11 2004A Bonds Levy: 715,183 695,632 708,581 12 HRA Levy: 349,745 310,831 302,288 13 TOTAL LEVY 13,568,972 13,911,803 14,218,823 14 General Fund Portion 12,504,044 12,905,340 13,207,954 15 General Fund Portion Change 700,028 401,296 302,614 16 Percentage 5.9% 3.2% 2.4% 17 Total Dollar Increase 675,764 342,831 307,020 18 Total % Increase 5.2% 2.53% 2.21% M - Tax Capacity for Taxes Payable in 2009 Apartment 8.36% I i Commercial/Industrial 33.23% Residential 58.40% Fa rm 0.01 I i Tax Capacity for Taxes Payable in 2010 Apartment ` 8.95% , Commercial/Industrial 35.98% Residential 55.07% Farm 0.01% Tax Capacity for Taxes Payable in 2011 Apartment 9.60% Commercial/Industrial 35.89% Residential 54.50% Farm 0.01% Tax Capacity for Taxes Payable in 2012 Apartment 11.02% i CommerciallIndustrial 38.79% Residential 50.18% Farm 0.015% A B C D E F G ESTIMATED Pay Pay Pay Pay Pay 2011 2010 2012 2012 2012 $ % TC City Tax TMV TC City Tax Change Change COMMERCIAL 1 1st Quartile 9,850 $ 5,498.25 530,000 9,850 $ 5,985.92 $ 487.67 8.87% 2 Median 21,390 $ 11,939.86 1,107,000 21,390 $ 12,998.87 $ 1,059.02 8.87% 3 3rd Quartile 47,250 $ 26,374.86 2,400,000 47,250 $ 28,714.20 $ 2,339.35 8.87% 7490th Percentile 110,000 $ 61,401.78 5,500,000 110,000 $ 66,847.88 $ 5,446.10 8.87% INDUSTRIAL 5 1st Quartile 13,530 $ 7,741.46 700,000 13,250 $ 8,447.80 $ 706.34 9.12% 6 Median 34,850 $ 19,940.12 1,691,000 33,070 $ 21,084.44 $ 1,144.32 5.74% 7 3rd Quartile 75,800 $ 43,370.49 3,540,000 70,050 $ 44,661.78 $ 1,291.29 2.98% 7890th Percentile 106,588 $ 60,986.46 4,930,000 97,850 $ 62,386.22 $ 1,399.77 2.30% RESIDENTIAL 9 1st Quartile 1,075 $ 615.08 104,684 1,047 $ 667.44 $ 52.36 8.51% 10 1st Quartile - Homestead 1,075 $ 541.13 76,866 769 $ 490.29 $ (50.84) (9.39%) 11 Median _ 1,374 $ 786.16 133,800 1,338 $ 853.07 $ 66.91 8.51% 12 Median - Homestead 1,374 $ 691.64 108,602 1,086 $ 692.40 $ 0.76 ...0.11% W.... ........_ 13 3rd Quartile 1,604 $ 917.76 156,198 1,562 $ 995.88 $ 78.12 8.51% 14 3rd Quartile - Homestead 1,604 $ 807.42 133,016 1,330 $ 847.97 $ 40.55 5.02% City Council Agenda Item No. 8c • 1 COUNCIL ITEM MEMORANDUM • DATE: September 6, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Vacating Certain Easements Within Lot 10, Block 2, Sunrise Manor; Lot 1, Block 3, Sunrise Manor; Tract B, Registered Land Survey Number 370; Tract A, Registered Land Survey Number 1456; Lot 2, Block 1, Chrysler Realty Addition (Luther site), Hennepin County, Minnesota Recommendation: It is recommended that the City Council consider approval of the resolution vacating certain easements as referenced above pertaining to the Luther site redevelopment in connection with the final plat approval of BRI MAR SECOND ADDITION. Background: Th City Council adopted the resolution granting final plat approval for. the BRI MAR SECOND ADDITION development at its meeting on August 22, 2011. In connection with the final plat and easement dedication proceedings, the developer is requesting release and termination of easements that are either no longer. needed or are being replaced by new easements. The following easements are proposed to be released and terminated as indicated: 1. Sanitary sewer easements as shown on Lot 10, Block 2, Sunrise Manor, Hennepin County, Minnesota, and shown as crosshatched in the attached Exhibit; and 2. Sanitary sewer easements as shown on Lot 1, Block 3, Sunrise Manor, Hennepin County, Minnesota, and shown as crosshatched in the attached Exhibits; and 3. All publicly dedicated easements as shown on Tract B, Registered Land Survey Number 370, Hennepin County, Minnesota, and shown as crosshatched in the attached Exhibit; and As part of the public hearing and notification process, affected entities with interests in said existing easements have been notified in accordance with City Ordinance and State Statute. It is staff's opinion that all easements proposed to be vacated are fully encompassed by rededicated easements as part of the project's final plat and should not negatively affect rights to public easements. We are unaware of any entity objecting to the three proposed vacations. However, the County objected to the vacation of two separate traffic signal easements contained within the Luther redevelopment and will be retained at their request. The attached easements and exhibits outline the release and termination of easements and show the locations of said existing easements. The City Attorney has reviewed the release and termination documents and concurs to the purpose and form of the documents. 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. i Council Goals: Strategic: 2. We will proceed aggressively with implementation of City's redevelopment plans Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources i Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust I its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION VACATING CERTAIN EASEMENTS WITHIN LOT 10, BLOCK 2, SUNRISE MANOR; LOT 1, BLOCK 3, SUNRISE MANOR; TRACT B, REGISTERED LAND SURVEY NUMBER 370; TRACT A, REGISTERED LAND SURVEY NUMBER 1456; LOT 2, BLOCK 1, CHRYSLER REALTY ADDITION (LUTHER SITE), HENNEPIN COUNTY, MINNESOTA WHEREAS, certain existing easements on existing properties are either no longer needed, or are being replaced by new easements pertaining to the properties contained within the proposed plat for BRI MAR SECOND ADDITION; and WHEREAS, the easements proposed to be vacated are identified as follows and are hereafter referred to as "the Easements ": All publicly dedicated sanitary sewer easements as shown on Lot 10, Block 2, Sunrise Manor, Hennepin County, Minnesota, and shown as crosshatched in the attached Exhibit; and All publicly dedicated sanitary sewer easements as shown on Lot 1, Block 3, Sunrise Manor, Hennepin County, Minnesota, and shown as crosshatched in the attached ,Exhibit; and All publicly dedicated easements as shown on Tract B, Registered Land Survey Number 370, Hennepin County, Minnesota, and shown as crosshatched in the attached Exhibit; and WHEREAS, after due notice and public hearing, the City Council has determined that the Easements will be no longer needed, once the plat of BRI MAR SECOND ADDITION is recorded, and it is in the public interest to vacate the Easements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council hereby approves the vacation of the Easements described above and depicted in the attached Exhibit. 2. The City Clerk is directed to prepare a Notice of Completion of .Vacation Proceedings and to record it with the Hennepin County Recorder or Hennepin County Registrar of Titles, as appropriate; provided, that this resolution will only take effect upon the release and filing of the final plat of BRI MAR SECOND ADDITION, execution and filing of associated and separate rededicated RESOLUTION NO. • easements, and upon execution and filing the subdivision agreement for said associated development. September 12, 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. I EASEMENT SKETCH FOR: BROOKDALE HONDA AND BROOKDALE TOYOTA LEGAL DESC THE VACATION OF A 5 FOOT SANITARY SEWER EASEMENT UPON ANO UNDER THAT PART OF TRACT B OF REGISTERED LAND SURVEY NO. 370 AS DEDICATED PER EASEMENT GRANT BY AND BETWEEN CHRISTINE T. ISAAC AND THE VILLAGE OF BROOKLYN CENTER, DATED THE 26TH OF MAY, IgSq, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 10 FEET OF THE EASTERLY 26.45 FEET OF TRACT B REGISTERED LANG) SURVEY NO. 370, LYING IMMEOIATELY ADJACENT TO THE PLAT OF SUNRISE MANOR. PAGE 1 OF 2 1 hereby certify that this survey, plan or report was 105 South Fifth Avenue prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the L A N D F O R M Suite 513 lows of the State of Minnesota. Minneapolis, MN 55401 From Site to Finish Web: landform.net SCOTT C. TROSEN Date: 8.8.11 License. No. 47465 Revised: Job No. DAA11032 Drawing: eose— s,e— BAA032 By: SIW EASEMENT SKETCH FOR: BROOKDALE HONDA AND BROOKDALE TOYOTA , 1 ♦ L _ \ J 1 • v � r •� < r< < I 1 1 SOUTH LINE p OF TRACT B, RLS NO 370 —NORTH LINE OF SUNRISE MANOR ` 2 6.45' PROPOSED � I EASEMENT VACATION I I J. 1 1• 1 r\ 1 i•. r- I ' , v - t:�, • �� CP -� j\ iv♦ I ivy I I - •1 I NORTH 09 - �� 4 ' 214.59 O SCALE IN FEET PROPOSED EASEMENT VACATION N89"57'45 "E PAGE 2OF2 1 hereby certify that this survey, plan or report was 105 South Fifth Avenue prepared by me or under my direct supervision and that I am o duly licensed Land Surveyor under the A N D O R M Suite 513 F lows of the State of Minnesota. F Minneapolis, MN 55401 �/— From Site to Finish Web: landform.net SCOTT C. TROSEN Date: 8.8.11 License. No. 47465 Revised: Job No. 8AA11032 Drawing: ease— STM_BAA032 By: SIW EASEMENT SKETCH FOR: BROOKDALE HONDA AND BROOKDALE TOYOTA DESC LEGAL THE VACATION OF A 5 FOOT SANITARY SEWER EASEMENT OVER, UNDER AND ACROSS THAT PART OF LOT I, BLOCK 3, SUNRISE MANOR AS DEDICATED PER DOC. NO. 317CI562 MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTHERLY 5 FEET OF THE EASTERLY 30 FEET OF THAT PART OF LOT 1, BLOCK 3, SUNRISE MANOR LYING WESTERLY OF A LINE RUNNING FROM A POINT IN THE NORTH LINE DISTANT 131 FEET EAST FROM THE NORTHWEST CORNER THEREOF, TO A POINT IN THE SOUTH LINE DISTANT 104.30 FEET EAST OF THE SOUTHWEST CORNER THEREOF. PAGE 1 OF 2 I hereby certify that this survey, plan or report was • • 105 South Fifth Avenue prepared by me or under my direct supervision and • • that I am o duly licensed Land Surveyor under the L A N D F O R M Suite 513 laws of the State of Minnesota • • Minneapolis, MN 55401 From Site to Finish • • Web: landform.net SCOTT C. TROSEN Date: 8.8.11 License. No. 47465 Revised: Job No. BAA 11032 Drawing: ease— sle— BAA032 By: SIW EASEMENT SKETCH FOR: BROOKDALE HONDA AND BROOKDALE TOYOTA L%�\ / r \ 1 I• • I♦ • r! I♦ I r1 I • • b I ♦ r Il f ` -f\� \ / Ff 1 •� 1 \11 I ,< ; 1 1 tf 1 • 1 \11 1 �\ \A�\ F P20PO5ED " ' o \ f - - - - -- NW CORNER OF LOTt, o ' - -- BLOCK 3, SUNRISE E A q S /H E f"IE N T ° \ 1 MANOR 131.00' I� VACATION _ NORTH LINE OF LOT 1. BLOCK 3, SUNRISE I MANOR I 104.301- J• . 1 • \1 : f r J• r— I 1 1 ! ♦ 1 •, F I SW CORNER OF LOT 1, BLOCK 3, - -- / J SUNRISE MANOR � 1� � • � I - 1- C� .• - n 1 I 1 • I I 1 I s s,2 o d '>' NORTH - t9 - 0 60 = PROPOSED EASEMENT VACATION 2 1 4 .59 SCALE IN FEET N89 0 5745 "E PAGE 2OF2 I hereby certify that this survey, plan or report was 105 South Fifth Avenue prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the L A N D F O R M Suite 513 lows of the State of Minnesota Minneapolis, MN 55401 ���� -�-- -- From Site to Finish Web: landform.net SCOTT C. TROSEN Date: 8.8.11 License. No. 47465 Revised: Job No. BAA11032 Drawing: ease— STM_SAA032 By: SIW EASEMENT SKETCH FOR: BROOKDALE HONDA AND BROOKDALE TOYOTA DESC LEGAL THE VACATION OF A 5 FOOT SANITARY SEWER EASEMENT OVER, UNDER ANO ACROSS THAT PART OF LOT 10, BLOCK 2, SUNRISE MANOR AS OEOICATEO PER OOC. NO. 3178564 MORE PARTICULARLY OESCRIBEO AS FOLLOWS. THE NORTHERLY 5 FEET OF LOT 10, BLOCK 2, SUNRISE MANOR LYINC ADJACENT TO REGISTERED LAND SURVEY NUMBER 585. - PAGE 1 OF 2 :ho by certify that this survey, plan or report was 105 South Fifth Avenue ed by me or under my direct supervision and I am a duly licensed Land Surveyor under the Suite 513 f the State of Minnesota- L A N D F 0 R' MN 55401 From Site to Finish Minneapolis, Web: landform.net SCOTT C. TROSEN Date: 8.8.11 License. No. 47465 Revised: Job No. SAA11032 Drawing: e05e- 5.- 6AA032 By: SIW EASEMENT SKETCH FOR: BROOKDALE HONDA AND BROOKDALE TOYOTA PROPOSED EASE�1ENT �; VACATION I SOUTH LINE OF REGISTERED---, i W LAND SURVEY NO. 595 NORTH LINE OF � LOT 10, BLOCK 2, I SUNRISE MANOR Wo cn ' V L J do LiJ O � r � I i • �s,2 ; X0 0 214.59 NORTH N89 °57'45 "E 0 60 SCALE IN FEET = PROPOSED EASEMENT VACATION PAGE 20F2 I hereby certify that this survey, plan or report was 105 South Fifth Avenue prepared by me or under my direct supervision and that I am o duly licensed Land Surveyor under the L A N D F O R M Suite 513 laws of the State of Minnesota M Minneapolis, MN 55401 From site to Finish • Web: landform.net SCOTT C. TROSEN Date: 5.8.11 License. No. 47465 Revised: F job No. BAA11032 Drawing: ease— STM— BAA032 By: SIW EASEMENT SKETCH FOR: BROOKDALE HONDA AND BROOKDALE TOYOTA DESC LEGAL THE VACATION OF A 5 FOOT SANITARY SEWER EASEMENT OVER, UNDER AND ACROSS THAT PART OF LOT I, BLOCK 3, SUNRISE MANOR AS DEDICATED PER DOC. NO. 317CI565 MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTHERLY 5 FEET OF THAT PART OF LOT I, BLOCK 3, SUNRISE MANOR LYING EASTERLY OF A LINE RUNNING FROM A POINT IN THE NORTH LINE DISTANT 131 FEET EAST FROM THE NORTHWEST CORNER THEREOF, TO A POINT IN THE SOUTH LINE DISTANT 104.30 FEET EAST FROM THE SOUTHWEST CORNER THEREOF. PAGE 1 OF 2 I hereby certify that this survey, plan or report was 105 South Fifth Avenue prepared by me or under my direct supervision and 0 that I am a duly licensed Land Surveyor under the L A N D F O R M Suite 513 lows of the State of Minnesota Minneapolis, MN 55401 From Site to Finish Web: landform.net SCOTT C. TROSEN Date: 5.8.11 License. No. 47465 Revised: Job No. BAA 11032 Drawing: ease— stn—BAA032 By: SIW EASEMENT SKETCH FOR: BROOKDALE HONDA AND BROOKDALE TOYOTA / r ♦ i• • .♦ ♦r +.. h!1 `. 111 1 -♦♦� -� h! 1 •. 111 1 ,< / I 1 I 1 \ 4- ♦/ 1 ♦ ♦/ ♦! .I ♦I NORTH LINE OF LOT 1. -NW CORNER OF LOT 1. I �� BLOCK 3. SUNRISE MANOR \ ' BLOCK 3. SUNRISE MANOR Lri I �O� 131.00' — 'f 1IZ7TLZlIlt J`� 11ff G2 r ' f f I uv \� PROPOSED 4, ' - -- EASEMENT 0 �' 104.30' \� VACATION `.✓ �` – — SW CORNER OF LOT 1. BLOCK_ ` • ' r r - 3. SUNRISE MANOR % I (Jo JJ I / ♦ I ♦.. l NORTH - �' 214.59 0 60 N89 0 5745 "E SCALE IN FEET = PROPOSED EASEMENT VACATION PAGE 2OF2 1 hereby certify that this survey, plan or report was 105 South Fifth Avenue prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the L A N D F O R M Suite 513 laws of the State of Minnesota. Minneapolis, MN 55401 From Site to Finish Web: landform.net SCOTT C. TROSEN Date: 8.8.11 License. No. 47465 Revised: Job No. BAA11032 Drawing: ease— STM_SAA032 By: SIW EASEMENT SKETCH FOR: BROOKDALE HONDA AND BROOKDALE TOYOTA DESCRIPTION LEGAL THE VACATION OF A PERMANENT EASEMENT FOR SIGNAL AND UTILITY PURPOSES OVER THAT PART OF TRACT A, REGISTERED LAND SURVEY 1456, AS DEDICATED PER DOC. NO. 3457153, AND DESCRIBED AS LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE MOST EASTERLY CORNER OF SAID TRACT A; THENCE RUN SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE THEREOF ON AN ASSUMED BEARING OF SOUTH 53 DEGREES 05 MINUTES 4.0 SECONDS WEST FOR 134AO FEET TO THE ACTUAL POINT OF BEGINNING OF THE LINE BEING DESCRIBED; THENCE NORTH 34 DEGREES 37 MINUTES 27 SECONDS WEST FOR 30.42, FEET; THENCE SOUTH 53 DEGREES 13 MINUTES 15 SECONDS WEST FOR 82.02 FEET AND SAID LINE THERE TERMINATING. PAGE 1 OF 2 I hereby certify that this survey, plan or report was 105 South Fifth Avenue prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the L A N D F O R M Suite 513 lows of the State of Minnesota. 0 0 Minneapolis, MN 55401 From Site to Finish 0 Web: landform.net SCOTT C. TROSEN Date: 8.8.11 License. No. 47465 Revised: Job No. BAA11032 Drawing: ease— e«BAA032 By: SIW I EASEMENT SKETCH FOR: BROOKDALE HONDA AND BROOKDALE TOYOTA , . 1 ♦ y � 1 1 _ 1 1 r r� �t .4 1. N 1 y / • 1 1 1 -- -MOST EASTERLY CORNER Of TRACT A. RLS 1456 ITO �� t . 4 ' * � �1 J v J •l / 1 L5 h61106�k 11 �� Fkv \ -- POINT OF COMMENCEMENT / 1 POINT OF / \ i 1 i eEGINNINC ✓ 1 1 ----- PROPOSED EASEMENT ,1 :. VACATION • 1� y / • 1 ♦ NORTH = PROPOSe\ Lh BASEMENT Q \ VACATION \ O o so (XX'XX'XX ") =DEED SCALE IN FEET PAGE 2 OF 2 1 hereby certify that this survey, pion or report was • 105 South Fifth Avenue prepared by me or under my direct supervision and • • that I am a duly licensed Land Surveyor under the L A N D F O R M Suite 513 lows of the State of Min nesota. • • Minneapolis, MN 55401 � ir.. from Site toFinish • • Web: landform.net SCOTT G TROSEN Date: 8.8.11 License. No. 47465 Revised: 7 ob No. 6AA11032 Drawing: ease— STM_BAA032 By: ��✓ EASEMENT SKETCH FOR: BROOKDALE HONDA AND BROOKDALE TOYOTA DESC LEGAL THE VACATION OF A PERMANENT EASEMENT FOR SIGNAL AND UTILITY PURPOSES OVER, UNDER AND ACROSS THAT PART OF LOT 2, BLOCK I, CHRYSLER REALTY ADDITION, AS DEDICATED PER DOC. NO. 3457154, AND DESCRIBED AS LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE MOST EASTERLY CORNER OF TRACT A, REGISTERED LAND SURVEY NO. 1456 ACCORDING TO THE DULY RECORDED PLAT THEREOF; THENCE RUN SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID TRACT A ON AN ASSUMED BEARING OF SOUTH 53 DEGREES 05 MINUTES 40 SECONDS WEST FOR 134AO FEET TO THE ACTUAL POINT OF BEGINNING OF THE LINE BEING DESCRIBED; THENCE SOUTH 34 DEGREES 37 MINUTES 27 SECONDS EAST FOR 4x.80 FEET; THENCE SOUTH 55 DEGREES 22 MINUTES 26 SECONDS WEST FOR 82.02 FEET AND SAID LINE THERE TERMINATING. PAGE 1 OF 2 1 hereby certify that this survey, pion or report was 105 South Fifth Avenue prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the L A N D F O R M Suite 513 lows of the State of Minnesota. Minneapolis, MN 55401 From Site to Finish Web: landform.net SCOTT C. TROSEN Date: 8.8.11 License. No. 47465 Revised: Job No. BAA11032 Drawing: ewe- sm-BAA032 By: 51W EASEMENT SKETCH FOR: BROOKDALE HONDA AND BROOKDALE TOYOTA 1 � t! 1 / / 1 Y - -- MOST EASTERLY CORNER OF TRACT A. RLS 1456 f/ 1 111 1 1 � -♦ r\ y POINT OF COMMENCEMENT `• \� % POINT OF BEGINNING-, t; gS O� •l y V 9 � 1,� - 6 �g (534'37'27 "E) • :�`.1 �` *, _ \ �7 S34'29'22 "E 49.80' 1 1 ti 1 1 �• •••• ! ' • • ,w, $10 i . (S55'22'26 "W) • - 1 �> S55 30 "W \ 63.92' • `-' ___ PROPOSED EASENENT NORTH = PROPOSE\ tp \ EASEMENT ` VACATION VACATION Qo 0 60 (XX'XX'XX ") =DEED � SCALE IN FEET PAGE 2 OF 2 1 hereby certify that this survey, plan or report was • • 105 South Fifth Avenue prepared by me or under my direct supervision and • • Suite 513 that I am o duly licensed Land Surveyor under the L A N D F O R M laws of the State of Minnesota MN 55401 From Site to Finish • . • Minneapolis, Web: landfor m.net .net SCOTT C. TROSEN Date: 8.8.11 License. No. 47465 Revised: Job No. BAA11032 Drawing: ease— STM_BAA032 By: SIW BRI MAR SECOND ADDITION l- - -- --- - - -- - -- - ---- -- _ s • • F o n x BRI MAR SECOND ADDITION LUTHER SITE Item 8c. Public Hearing Vacation of Easements Regular City Council Meeting: Septebmber 12, 2011 IN BRI MAR SECOND ADDITION Is � LUTHER SITE EASEMENT SKETCH — FOR:BROOKDALE HONDA AND BROOKDALE TOYOTA Lot 10, Block 2 , SUNRISE MANOR Plat ` PROPOSED I EASEMENT---. VACATION i ` SOU LA14P SrRLEY REGIS TERM Release and Termination of platted drainage - ' NOft'N LIVE )R LOT 10. BLOCK 2,—' i � � 'r� SJ`.Ri5E 1AANON I and sanitary sewer - - - - �- - - - - 1 easement ' Sa n ita ry sewer easement no longer o r. I needed ss off\ 2!4.59 Nc+1Tr1 �' N89°57'45"E a �o SCALE 041-EE 1 ®= PROPOSFW EAYMAT VACATILXI PAGE 2 U� 1 1 hereby cer-ify that this sLrrvey. plan or report was • • .35 Soulf Fft Averrne prepared by me or under my d'u act supervision and ♦ • Su@e 513 that I am a dJy licensed Land Surveyor under the L A N D F O R M lars o+the State o+Minresota. • ♦ Minneapolis,MN 55401 rroolrr+rrk • • Web: lanatorm.net 5C0`T L 'ROSEN Dab: 13.5,11 Jnm®.Na x7465 R.4.4 kb 4o. OAAIk737 Drwhg: ease-5TrUtAA.0328y; 9W BRI MAR SECOND ADDITION LUTHER SITE EASEMENT SKETCH FOR:BROOKOALE HONDA AND BROOKDALE TOYOTA Lot 1, Block 3 , SUNRISE MANOR Plat :r..• " ! PR0P0SED BLOCX 3.SUNRISE n ;, EASEMENT Or. \ ,--- --NW GORIER OF LAP. Release and Termination �l \ —MAND , �I VACA of platted drainage �� �� d'�` fi DF LOT LIVE `t^ �\ � \ BLOCK 3. j, \ SUNRISE MANOR " and sa n ita ry sewe r �` - - = - 104 30'\ \ S'k OJRNE9 OF LOT', BLOCK 3.-- easement xw t 2;E Sa n ita r sewer easement no longer 0 needed NORTH ! VROPOSE4 EASEMNI VACA,10, O�� r 214.59 SCALE IN FEET N89057 45 E PAGE 2 OF 2 1 hereby certify that this •away. plan or report was • • 105Sout1r1hAvon_ preparad by rra or under my diet: superyisian and that I arr a lily licensed Lard Surveyor order the A N D F O R M Suite 513 laws o-the State or Minnesota. • • Wneapols.MN 55401 I°'9Y7•`ti'W • • �.���.,,•_----- 'Net: landiwm.net Scat- C. TRMN _kanse,N: ,�, . 47rci v„k ,, Jeb Na. OAA11037 Cz•.vh;: rise 5-•°_C....i,9i B�: 'SIW BRI MAR SECOND ADDITION LUTHER SITE EASEMENT SKETCH Lot 1, Block 3, SUNRISE FOR;BROOKDALE HONDA AND BROOKDALE TOYOTA � I MANOR Plat INORTH LINE OF LOT I, ^.RVER OF LOT I. BLOCK SUNRISE WAhOR -Nw Release and Termination \\ BLOCK 3 SUCH SE MANDR 1 ° o ` F I n � I of platted drainage �4 o PROPOSEI) I sewer _ - _ VACATION and sanitary -: ,0430 =y_ _ S'B CORNER OF LOT ' BLO^K- .S, SUNRISE MANOR easement Sa n ita ry sewer easement no longer o - - -� needed s N(7Nli 001 _ r�■�""'1 �7pf�z 14-.ss SCALE IN FEET - VROV09EU EASEf1ENT VACAWN !YO J°5745�rE PAGE 2 OF 2 I 1-I-1, _«1 Wy That this suvey, plan or report was • 165 Sotto Fhn Avenue prtparc] by me Or under my dircc: supervision and • • that I am a duly licensed Lard S-jr,eyor order The L A (� G f O R M Suite 513 laws o*the Slate of Minnesota • • MlnneWls.MN 55401 Imsuft-e+ • • Web: landlorm.nel SCOT' C. TR05ER Dale: 8.b. _tens.No. 47[65 RrrkN; .cb"I:. '^allu:31 D-.hF eme.SrH 6AA037By: 31W BRI MAR SECOND ADDITION LUTHER SITE EASEMENT SKETCH FOR;BROOKDALE HONDA AND BROOKDALE TOYOTA Tract B, Registered Land Survey No. 370 44 SC TH LINE c Release and Term i n a t i o n -� TRACT .-NW n{ LINE OF SkN::E YAa.s NLS NJ 3�0 � + _26.45' _ �_—_ of easement ___ PROPOSE: � EASEMENT VACATION , Easement no longer .� needed v• O ���, � l : . NORTH 214.59 ° a0 = nRO�OSED EASEf'ENi vACA,Ia: N89 057'45"E SCALE IN FEET PAGE 2 OF 2 1 hereby certify that this survey, plan or report was • 105 South I-Ph Avn:is prepared by me or under my direct supervision and • • that 1 am a duly Ilcensed Lard Surveyr under the A N D F M Suite 513 laws o'the State of Minnesota. • • MInneapolis.MN SWI _��.v �,. �— '°'"`r`"� • • 'Neb: landform.net 5C0TT C. TR05EN' De.: _ken.e.No. 47465 pevb.&. Jab No. SAA1103J Dm+; #"e 5TH_6AA0328y: WW BRI MAR SECOND ADDITION ,--- LUTHER SITE Easement Vacations Requested Council Action : • Motion to open Public Hearing • Motion to take public input • Motion to close Public Hearing • Motion to adopt Resolution Vacation of easements are contingent upon : 1. Release and filing of Final Plat 2. Execution and filing of dedicated easements 3. Execution and filing of subdivision agreement Item 8c. Public Hearing Vacation of Easements Regular City Council Meeting: September 12, 2011 City Council Agenda Item No. 8d • COUNCIL ITEM MEMORANDUM DATE: September 6, 2011 TO: Curt Bo ane City Manager g Y� t3' g FROM: Steve Lillehaug, Director of Public Works /City EngineerYAd\ SUBJECT: Resolution Vacating Certain Drainage and Utility Easements within Lot 2, Block 1, RAINBOWS GARDEN CITY ADDITION (AutoZone site), Hennepin County, Minnesota Recommendation: It is recommended that the City Council consider approval of the resolution vacating certain easements as referenced above pertaining to the AutoZone site in connection with the final ,plat approval of RAINBOWS GARDEN CITY SECOND ADDITION. Background: The City Council adopted the resolution granting final plat approval for the RAINBOWS GARDEN CITY SECOND ADDITION development at its meeting on August 22, 2011. In connection with the final plat and easement dedication proceedings, the developer is requesting release and termination of easements that are either no longer needed or are being replaced by new easements. The following easements are proposed to be released and terminated as indicated: 1. All publicly dedicated drainage and utility easements as shown on Lot 2, Block 1, RAINBOWS GARDEN CITY ADDITION. As part of the public hearing and notification process, affected entities with interests in said existing easements have been notified in accordance with City Ordinance and State Statute. It is staff s opinion that all easements proposed to be vacated are fully encompassed by rededicated easements as part of the project's final plat and should not negatively affect rights to public easements. We are unaware of any entity objecting to the vacations. The attached easements and exhibits outline the release and termination of easements and show the locations of said existing easements. The City Attorney has reviewed the release and termination documents and concurs to the purpose and form of the documents. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2. We will proceed aggressively with implementation of City's redevelopment plans 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 and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 2, BLOCK 1, RAINBOWS GARDEN CITY ADDITION (AUTOZONE SITE), HENNEPIN COUNTY, MINNESOTA WHEREAS, certain existing easements pertaining to the properties contained within the plat for RAINBOWS GARDEN CITY ADDITION are either no longer needed, or are being replaced by new easements; and WHEREAS, the easements proposed to be vacated are identified as follows and are hereafter referred to as "the Easements ": All publicly dedicated drainage and utility easements as shown on Lot 2, Block 1, RAINBOWS GARDEN CITY ADDITION, Hennepin County, Minnesota, and shown as crosshatched in the attached Exhibit; and WHEREAS, after due notice and public hearing, the City Council has determined that the Easements will be no longer needed, once the plat of RAINBOWS GARDEN CITY SECOND ADDITION is recorded, and it is in the public interest to vacate the Easements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council hereby approves the vacation of the Easements described above and depicted in the attached Exhibit. . 2. The City Clerk is directed to prepare a Notice of Completion of Vacation Proceedings and to record it with the Hennepin County Recorder or Hennepin County Registrar of Titles, as appropriate; provided, that this resolution will only take effect upon the release and filing of the final plat of RAINBOWS GARDEN CITY SECOND ADDITION, and execution and filing of associated and separate rededicated easements. RESOLUTION NO. i September 12, 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. PROPOSED EASEMENT VACATION y.69.99.EOS 8239 3 , �ti o ,L 0 i 2 i ZZ NOOb129"W 279.74 5't7�6 a ,,� 3.ZSSeLiIN u7. to n 3 �1 I 3 b �! m 3 NORTH a r BEARWGS SHOWN ARE ORIENTATED TO THE m SOUTH LINE OF LOT 2. b BLOCK I. RMBOWS Z GARDEN CITY WHICH a ASSUMED TO BEAR � SOUTH 89 DEGREES 58 o Y' Z MWTES 31 SECONDS ? WEST. n Q ti m 0 120 o f ! to 2 r SCALE IN FEET b • q M,Of,040M ss6f! M,ll,.V49 !S ,OC- 3M Ot 041006 6, f0'- t `. �, PROPOSED VACATION OF 55055 Lt.sa,�o.00nr �� 419542 ALSl,L4110S EASEMENTS DEDICATED IN hr 1 LO7 30 3Nr7 THE PLAT OF RAINBOWS 07.40'0 65.50 ,w �� a�wti GARDEN CITY ADDITION. 01 t a f h ., • , o n r r, Z g8 � ``.W , � '•' Ng�St'55 �PRQ mw OO o i° w o 7. CERTIFICATION: I hereby certify that this plan was prepared t by me, or under my direct supervision, and isps /� that I am a duly Licensed Land Surveyor e +'S5 "A under the laws of the state of MINNESOTA. PROPOSED EASEMENT VACATION All drainage and utility easement dedicated on Lot 2, Block 1 in Dante) L. Thurmes Regis ration No: 25718 RAINBOWS GARDEN CITY ADDITION, Hennepin County, Minnesota. Date: 08 _i 5 -1I RAINBOWS GARDEN CITY SECOND ADDITION I ------- ' r: _ I I I-' .1....+r, a.+. -L-1_......v �,,"�'�v.�• � III CORNERSTONC II RAINBOWS GARDEN CITY SECOND A AUTOZONE Item Sd. Public Hearing Vacation of Easements Regular City Council Meeting: Septebmber 12, 2011 RAINBows GARDEN CITY SECOND ADDITION AUTOZONE PROPOSED EASEMENT VACATION r P',s'r �•� 1 Lot 2 , Block 1, 4.,,Y La ,.� I I �i aA � 1 RAINBOWS GARDEN -kx CITY ADDITION Plat s ?!, NORTH t I dkFi!'AITt TO'Ii Release and Termination k 5�.e4 m7. z L ., to ~ a; �sn '»EOear'2ftw I W �Es t 51�1 I � of platted drainage 4 t; U 120 I and utility easements a SCALE IN FEET I I I •I � - I MI £I ;L rosy_-r I Needed drainage and 1 _ ------ �'` i PROPUStU VACATIO%OF �� I•..' .. .•'� ___._____„______."_.___ I EASEMENTS DEDICATED IN utility easements are x wr 94 ! TN A G RC PLAT UP—lows I,;•..n -•'I � DEN_IT,ADDITION . 9 ! included under new hK. *xfisb*�4Po - �_.., plat I CERTIFICATION: I f'.. � _ _ I hereb([ertlfy thel IMa[Len wli:nrrryrrA I ,..' �/ '. by me,or urde•Try direct s.rpervaun ar0 188 I",I am a duly U.r»ed Laud Sr- ' M.•r6.l.— f,h.nam of MINNESOTA. PROPOSED EASEMENT VACATION All drainage and utility easement dedicated on Lot 2,Block I in oa IL.Th....,11.ylslrnr MIS RAINBOWS GARDEN CITY ADDITION,Hennepin County,Minnesota. Due:08-0-11 RAINBows GARDEN CITY SECOND ADDITION Easement Vacations Requested Council Action : • Motion to open Public Hearing • Motion to take public input • Motion to close Public Hearing • Motion to adopt Resolution Vacation of easements are contingent upon : 1. Release and filing of Final Plat 2. Execution and filing of dedicated easements Item 8d. Public Hearing Vacation of Easements Regular City Council Meeting: September 12, 2011 City Council Agenda Item No. 9a • • COUNCIL ITEM MEMORANDUM DATE September 6, 2011 TO: Curt Boganey, City Manager � FROM: Tim Benetti, Planning and Zoning Specialist f f THROUGH: Gary Eitel, Director of Business and Development' SUBJECT: Planning Commission Application No. 2011 -016 (Loren Van Der Slick) Recommendation: It is recommended that the City Council, following consideration of this matter, approve the Resolution Regarding the Disposition of Planning Commission Application No. 2011 -016 i Submitted by Loren Van Der Slick for Planned Unit Development Amendment approval. Background: On July 14,201 lthe Planning Commission conducted a public hearing on Planning Commission Application No. 2011 -016 submitted by Loren Van Der Slick for Planned Unit Development Amendment approval of the property located at 1108 Brookdale Center. At that time, the Commission tabled the application. The Planning Commission removed the application from the table on August 25, 2011 and adopted Planning Commission Resolution No. 2011 -12, a resolution recommending approval of the Planned Unit Development Amendment, subject to • certain fmdhigs and conditions. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2011 -016, an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents included, in this review. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans. • Alission: Ensuring an attractive, clean, safe community that enhances the duality of life and preserves the public trust Application Filed on 06/22/2011 City Council Action Should Be Taken by 10/20/2011 (by means of extension) • Planning Commission Information Sheet (Follow -Up Report) Application No. 2011 -016 Applicant: Loren Van Der Slik — Gatlin Development Location: 1108 Brookdale Center Request: Planned Unit Development Amendment — Shingle Creek Crossing Meeting Date: August 25, 2011 INTRODUCTION Gatlin Development Company is requesting a planned unit development (PUD) amendment to the previously approved Shingle Creek Crossing PUD redevelopment plans. The updated master plans illustrating this amendment are referenced as Attachments A.1 and A.2 and consists of the following components: 1. The physical separation of the existing retail mall /food court building from the existing Sears retail store building; 2. The renovation/conversion of the Food Court mall building (common area) into retail space, which expands the net leasable retail area from 123,242 sq. ft. to 150,591 sq. ft.; 3. The elimination of proposed Building N from the 2011 Shingle Creek Crossing PUD plan; 4. The expansion of the central parking area on Lot 2, Block 1 (Building N lot) which adds 103 parking stalls to serve the additional retail of the Food Court building; 5. The addition of a 6,000 sq. ft. commercial pad site with 30 Barking stalls labeled as Building R, located at the southeast corner of Xerxes Avenue /56 Avenue entrance, along with a new 0.71 acre lot. This item was presented for consideration under a public hearing at the July 14, 2011 regular I ' meeting and said hearing was closed. During the hearing, the Applicant presented an updated master plan (not included in original agenda packet) to the PUD amendment.; Upon discussion and comments with the Applicant, the Commission elected to- table this matter to a future date to allow city staff to work' with the Applicant on site details,' including (but not limited' to) landscaping; design concepts of the drive -aisle and pedestrian walkway; and access connection between both properties. This PUD Amendment and the related improvements or revisions presented herein; including the separation of these buildings, is due in part to on -going negotiations between Sears corporate and Gatlin Development. App. No. 2011 -016 PC 08/25/2011 Page 1 PLANNED UNIT DEVELOPMENT (AMENDMENTS) 1. The physical separation of the existing retail malUfood court building from the existing Sears retail store building; The updated plans (see Attachments B.1 & B.2) provided by Gatlin illustrate an approximate 41 -foot wide area of separation between both buildings, along with various improvements. The detailed plans (see Attachments C.1 and C.2) illustrate a 13.5 -foot wide landscaped walkway along the northerly edge of the Sears building, plus a 24 -foot wide two -way drive- aisle. At each end of the drive will be two raised crosswalks to serve as a visible pedestrian path and traffic calming device (speed bump) for vehicles. Gatlin indicated that the proposed drive -thru or drive -aisle between the buildings serves two functions: (1) as an extension of the internal access drive lanes it allows the connection of the central parking area to the western/Xerxes Ave. parking area; and (2) as a utility drive to facilitate essential building services, including trash/recycling areas and mechanical and utility services. Gatlin expressed their belief that without the two -way drive connection, the main (central) parking area in their Shingle Creek site may become too congested and over - parked given the expected higher parking needs for Wal -Mart and Sears customers. Gatlin also states the connecting drive provides a more convenient and direct route in shuttling vehicles and customers back -and -forth between these two parking areas, which is critical in marketing and attracting potential tenants to the westerly portion of the Food Court building. i Plans also illustrate two small sections of architectural fencing at the corners of the Food Court building adjacent to the drive aisle. This fencing is used to guide pedestrians to the raised walkway and prevent shoppers from short- cutting across or entering directly into the drive. Staff may recommend additional fencing in this area to provide extra safety measures for pedestrians during review and analysis of the future site plan. One plan reflects a proposal to keep the remodeled Food Court building's loading area alone, while the other shows it relocated to the southwest corner of the building. Because the future layout or tenant finishes of this building are unknown at this time, Staff is not providing any recommendation on these two layouts. The final layout or building design would need to be analyzed and evaluated under separate (and future) site plan consideration._ The separation also requires Gatlin to install a separate 16' x 50' entry -way at the northeast corner of Sears (see Attachment -D). Since this structure is legally on Gatlin's property and due to the previous zero -lot line' situation with the old mall structure attached to Sears at this location, the City is granting Gatlin [under this PUD Amendment agreement] a continuation of this zero -lot line setback. Gatlin has informed staff that this entryway will be covered under an easement agreement or license agreement between Gatlin and Sears. Any agreement will need to be approved by the City Attorney. Although two different plan sets were submitted for review, Staff is not recommending one plan over the other moreover, Staff is recommending the Commission _ approve the separation of buildings to take place, with the understating that any final site and App. No. 2011 -016 PC 08/25/2011 Page 2 improvements will be fully analyzed and evaluated under future site plan consideration. By approving this master plan update (amendment) the Commission is giving implicit approval to the Developer's concept in separating these two buildings, and which includes the Applicant's request to have two -way traffic drive aisle, and the pedestrian walkway and related improvements.' 2. The renovation/conversion of the Food Court mall (common area) into retail space, which expands the net leasable retail area from 123,242 sq. ft. to 150,591 sq. ft.; The original Shingle Creek Crossing PUD proposed the original Food Court building would be re- skinned and remodeled to accommodate 123,242 sq. ft. of retail space. The plans originally called for leaving the existing central mall corridor in place and the separate tenant spaces /finishes would be completed later by Gatlin (see Attachment -E) Gatlin has submitted with this application an updated floor leasing plan (see Attachment -F) which eliminates this interior corridor and provides a new 150,000+ sq. ft. floor -plan, with a 70,285 sf. single tenant space, along with three mid -range level tenants (18,128 sf., 21,360 sf. & 24,762 sf.); plus two small level (4,057 & 5,549 sf, spaces) and a 5,064 sf. caf6 space. All spaces (except the cafe) would have access to a much narrower service corridor, which connects all uses to a relocated service /loading dock and trash enclosure area. A concern raised at the July 14 meeting was the apparent elimination or missing landscaping in the adjacent parking areas shown on the submitted master plan. " The new (updated) master plan now indicates landscaping in certain locations and interior islands. • The final landscaping of these areas will also be reviewed and subject to approvals under future site plan review. Once again Staff is not providing a recommendation on this floor plan. 'Staff however, is providing a recommendation of approval in allowing the Developer to proceed with elimination of this central mall common area and expand their available retail space in said building. Staff is not providing any approvals or recommendation on this interior layout or loading area relocation until such time as the site plan review /consideration. 3. The elimination of proposed Building Nfrom the Shingle Creek Crossing PUD plan; The elimination of Building N from the SCC site results in a number of adjustments. First, the 2.27 acre lot that accompanied this building is eliminated and residual lot area is added into the Food Court lot. The resulting parcel reconciles to 13.43 acres in size. Secondly, the resulting loss of Bldg. N creates a new landscaped median between the Shingle Creek Crossing area and the Sears loading dock area. This median provides a physical separation and screen between the Wal -Mart store /parking lot from the existing Sears' loading docks. The original plan presented at the July 10 meeting did not provide a break or drive -aisle in this median, which raised a number of concerns in providing cross - access movement (customer vehicles) between the Sears and SCC sites. Gatlin's new master plan now illustrates the break and cross - access arrangement Staff was advocating. App. No. 2011 -016 PC 08/25/2011 Page 3 EXISTIN G PROPOSED xr � r r - r y $ f ( i i S4} F K �r N �Ltboseo E� �` sicn The previously approved SCC -PUD plans provided for delivery trucks serving Sears and Bldg. N would be allowed to cross -over respective property boundaries. The Applicant has indicated that the new design parameters requested by Sears includes an additional 15 -foot easement space on Gatlin's property to accommodate Sears' truck movements and deliveries in this area. • The City Engineer requested an updated truck traffic movement plan that shows how all loading areas function. The original SCC -PUD agreement contained such a plan and this will need to be updated (amended) as part of any approvals. Staff has relayed these concerns to the Developer, who should provide an updated plan sets that address these issues. 4. The expansion of the central parking area on Lot 2, Block l (Building N lot) which adds 103 ar kin stalls to serve the additional P dditional retail o e g the Food Court buildin g The additional parking is a direct result of the elimination of Lot 2, Block 1 (Building N) from the SCC -PUD plan. The loss provides 103 additional parking spaces within the site, which off- -sets the additional parking needs of the proposed retail space expansion in the Food Court building, and the loss of parking due to the creation of Building R and its new lot with 30 parking spaces. The approved SCC -PUD site data table reflected the Food Court bldg. would be parked at a ratio of 4.53 spaces /1000 sf. of GLA (558 spaces for 123,242 GLA); while the new layout reflects a ratio of 4.5 spaces /1000 sf. GLA (678 spaces for 150,591 GLA). The new layout design meets the approved '4.5/1000 sf. GLA approved' in the 2011 SCC -PUD Agreement. 5. The addition of a 6,000 sq. ft. commercial pad site to be labeled Building R along with a new platted lot. The new 0.71 acre building site is shown with a 6,000 sq'. ft. commercial building with 30 parking spaces. This 5 11,000 sf. ratio exceeds the 4.5 spaces /1,000 sf. allowed under the SCC -PUD standards for typical retail stores. This replat is not part of or approved under this App. No. 2011 -016 PC 08/25/2011 Page 4 application process, and shall be completed under separate plat application. Because the area of this lot is inside the approved SCC -PUD perimeters, it will be subject to the 2011 PUD • standards including architectural and design material standards. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2011 -12, which comprehends the approval of Planning Application No. 2011 -016, which proposes a Planned Unit Development (PUD) Amendment to allow changes to the 2011 Shingle Creek Crossing Planned Unit Development, subject to the following conditions and allowances: 1. Allow the physical separation of the existing 'retail mall /food court building from the existing Sears retail store building as shown on the August 2011 Shingle Creek Crossing Master Plan (labeled with "Existing Dock"). 2. The Applicant shall submit detailed design elements of this separation area, including (but not limited to) roadway and pedestrian walkway materials and standards, decorative (architectural) fencing, lighting, landscaping, and other amenities under separate site plan review. 3. Architectural building elevation plans must show both walls between the separated buildings and must be equally designed and match the external wall architectural standards throughout the development, including the Sears wall. 4. Applicant shall provide a signed, executed easement agreement, license a • � gr , _ _ agreement or similar between Gatlin Development and Sears which provides for the construction, access and maintenance rights of the new 16' x 50" Sears entryway near the northeast corner of Sears' building. Said agreement must be reviewed by the City Attorney. 5. Allow the continuation of a zero -lot line setback only to the entryway described herein and as shown on the amendment plans. 6. Allow the renovation/conversion of the Food Court interior mall (common area) into retail space, and the expansion of the net leasable retail area from 123,242 sq. ft. to 150,591 sq. ft. Final building design changes, both interior and exterior, and which may be different from those originally submitted in the ,2011 SCC -PUD plan sets, including the relocation of the loading area, utility and trash' enclosure areas, shall be approved under separate and future site plan consideration. 7. Allow the elimination of proposed Building N from the 2011 Shingle Creek Crossing PUD plan; 8. Provide an updated major access routes exhibit for the entire development that includes defined truck routes to Site R, elimination of Site N, and for any new loading dock proposed with the existing Food Court building. APP. No. 2011 -016 PC 08/25/2011 Page 5 9. Truck turning and access movements must be provided to demonstrate adequacy. Final access routes and turning movements for all loading dock areas will be subject to City review and approval under final site plan consideration. 10. Allow the expansion of the central parking area on Lot 2, Block l (Building N lot) which adds 103 parking stalls to serve the additional retail area of the Food Court building; 11. Allow the addition of a 6,000 sq. ft. commercial pad site with 30 parking stalls labeled as Building R, located at the southeast corner of Xerxes Avenue /56 Avenue entrance, along with a new 0.71 acre lot, subject to these related conditions: a) The creation and approval of this lot shall be made under separate plat application, with final plat approval by the City Engineer and City Council; and b) The proposed Building R is located within the previously approved SCC -PUD perimeters and shall be subject to the 2011 Shingle Creek Crossing PUD standards, including architectural and design material standards. 12. All other provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD shall remain in effect. 13. Execution of a PUD Amendment agreement as prepared by the City Attorney. • Attachments - City Engineer's Review Memo — dated July 6, 2011 - 2011 PUD Amendment Plan Set A.1 Shingle Creek Crossing Master Plan — August 2011 (Existing Dock) A.2 Shingle Creek Crossing Master Plan — August 2011 (New Dock) B.1 Shingle Creek g Crossin g Site Plan dated 08/04/2011 B.2 Shingle Creek Crossing Site Plan (dated 07/25/2011) C.1 Sheet EX -A2 (Sears/Food Court Separation Plan) C.2 Sheet EX -A (Sears /Food Court Separation Plan w/ new docks) D Sheet Al — Sears Entryway (East Elev.) E Existing Food Court Mall floor plan (w/ interior mal/common area) F Sheet Al -Q (Food Court Building Leasing Plan) App. No. 2011 -016 PC 08/25/2011 Page 6 Member Kuykendall introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2011 -12 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -016 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) WHEREAS, Loren Van Der Slik, on behalf of Gatlin Development Company (Applicant) submitted Planning Commission Application No. .2011-016, which proposes a Planned Unit Development (PUD) Amendment to allow the following changes to the 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, the proposal comprehends additional adjustments not approved under the 2011 PUD Agreement, which are noted as follows: L The physical separation of the existing retail mall /food court building from the existing Sears retail store building; 2. The renovation/conversion of the interior mall (common area) into retail space, which expands the net leasable retail area from 123,242 sq. ft. to 150,591 sq. ft. 3. The elimination of proposed Building N from the 2011 Shingle Creek Crossing PUD • plan 4. The expansion of the central parking area on Lot 2, Block 1 (Building N lot) which adds 103 parking stalls to serve the additional retail of the Food Court building; 5. The addition of a 6,000 sq. ft. commercial pad site with 30 parking stalls labeled as Building ; R, located at the southeast corner of Xerxes Avenue /56 Avenue entrance, along with a new 0.71 acre lot. WHEREAS, the Planning Commission held a duly called public hearing on July` 14, 2011 where a staff report and public testimony regarding the Planned Unit Development Amendment were received and considered by the Planning Commission; the Planning Commission ; considered the Planned Unit Development Amendment request in light of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35 -355 of the City's Zoning Ordinance and the City's Comprehensive Plan; the public hearing was closed; and the matter was tabled to a later date; and WHEREAS, the City's Planning Commission tabled this matter to the August 25, 2011 regular meeting, where a' follow -up staff report was presented regarding this Planned Unit ' Development Amendment; the variations requested by Applicant were revised and presented; and this matter was given further consideration by the Planning Commission. 1 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 -016 submitted by Gatlin Development Company be approved based upon the following considerations: A. The Planned Unit Development Amendment is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. B. The Planned Unit Development Amendment 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. C. The Planned Unit Development Amendment proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. D. The Planned Unit Development Amendment proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. E. Based upon the above considerations, it is believed that the guidelines for • evaluating Planned Unit Development Amendment as contained in Section 35 -355 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -016 be approved subject to the following conditions and considerations: 1. Allow the physical separation of the existing retail mall /food court building from the existing Sears retail store building as shown on the August 2011 Shingle Creek Crossing Master Plan (labeled with "Existing Dock "). 2. The Applicant shall submit detailed design elements of this separation area, including (but not limited to) roadway and pedestrian walkway materials and standards, decorative (architectural) fencing, lighting, landscaping, and other amenities under separate site plan review. 3. The City supports Applicant's desire and proposal in allowing two -way traffic for vehicles in the separated roadway segment between both buildings. 4. Architectural building elevation plans must show both walls between the separated buildings and must be equally designed and match the external wall i architectural standards throughout the development, including the Sears wall. 2 5. Applicant shall provide a signed, executed easement agreement, license agreement or similar between Gatlin Development and Sears which provides for the construction, access and maintenance rights of the new 16' x 50' Sears entryway near the northeast corner of Sears' building. Said agreement must be reviewed by the City Attorney. 6. Allow a zero -lot line setback only to the entryway described herein and as shown on the amendment plans. 7. Allow the renovation/conversion of the Food Court interior mall (common area) into retail space, and the expansion of the net leasable retail area from 123,242 sq. ft. to 150,591 sq. ft. Final building design changes, both interior and exterior, and which may be different from those originally submitted in the 2011 SCC -PUD plan sets, including the relocation of the loading area, utility and trash enclosure areas, shall be approved under separate and future site plan consideration. 8. Allow the elimination of proposed Building N from the approved 2011 Shingle Creek Crossing PUD plan; 9. Provide an updated major access routes exhibit for the entire development that includes defined truck routes to Site R, elimination of Site N, and for any new loading dock proposed with the existing Food Court building. • 10. Truck turning and access movements must be provided to demonstrate adequacy. Final access routes and turning movements for 1 load nts o al m dock - areas will be g g subject to City review and approval under final site plan consideration, 11. Allow the expansion of the central parking area on Lot 2, Block 1 (Building N lot) which adds 103 parking stalls to serve the additional retail area of the Food Court building; 12. Allow the addition of a 6,000 sq. ft. commercial pad site with 30 parking stalls labeled as Building R, located at the southeast corner of Xerxes Avenue /56 Avenue entrance, along with a new 0.71 acre lot, subject to these related conditions: a) The creation and approval of this lot shall be made under separate plat application, with final plat approval; by the City Engineer and City Council; and b) The proposed Building R is located within the previously approved SCC- PUD perimeters and shall be subject to the 2011 Shingle Creek Crossing PUD standards, including architectural and design material standards. 3 13. All other provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD shall remain in effect. 14. Execution of a PUD Amendment agreement as prepared by the City Attorney. Date Chair ATTEST: 4ecretaryy The motion for the adoption of the foregoing resolution was duly seconded by member Schonning and upon vote being taken thereon, the following voted in favor thereof: Chair Rahn, Commissioners Kuykendall, Morey, Morgan, Parks, and Schonning. and the following voted against the same: None • whereupon said resolution was declared duly passed and adopted. 4 MEMORANDUM DATE: July 6, 2011 TO: Tim Benetti, Planning and Zoning specialist FROM: Bruce Johnson, Engineering Technician Supervisor Steve Lillehaug, City Engineer SUBJECT: Public Works Review for Planning Application No. 2011 -016 Planned Unit Development - Shingle Creek Crossing Public Works Department staff reviewed the documents submitted for review for the Planned Unit Development (PUD) dated June 24, 2411, and provides the following recommendations, comments and conditions for only those changes pertaining to the added Site R, the deleted Site N and the added separation on the north side of the Sears building: 1. Adding the proposed separation between the buildings as proposed detracts from the overall PUD development and introduces issues pertaining to the long narrow corridor including safety and security issues, functionality, imposing traffic restrictions to prohibit vehicles from accessing this area and other less than desirable issues that should not bean element of a new type of development if they can be avoided, especially as a PUD If allowed, the following revisions should be included pertaining to this area: • a. , Prohibit all vehicle traffic between buildings. b. Raised curb and gutter should be carried through each end of the separated area. c. Traffic restricted to pedestrians only. d. Provide full -time security plan for this corridor. e. Provide landscape and sidewalk plans. f. Proper clearance must be provided between service doors and sidewalk. g. Trash pick -up, and storage should be revised to a location that has direct access to areas with vehicular traffic. 2. Provide an updated major access routes exhibit for the entire development that includes defined truck routes to Site R, elimination of Site N, and for the new loading dock to the existing building and retail shops. 3. All newly proposed 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. Truck turning and access movements must be provided to demonstrate adequacy. 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. 4. Architectural building elevation plans must show both walls between the separated buildings and must be equally designed and match the external wall architectural standards throughout the development, including the Sears wall. 5. The revised parking lot design on the east side of Sears (old Site N) is landlocked from access to the southerly ring road, with the exception of through the Walmart loading dock area. This is unacceptable and must be fully separated. 6. No other revisions to the layouts pertaining to any of the other sites have been reviewed and are not considered amendments to the PUD. All items, recommendations and conditions are preliminary planned unit development review comments only and are meant to represent and guide the future planning and development of site plans and the corresponding revisions to the property plat and easements that are necessary. All conditions are subject to further review, revision and approval as part of any fixture re- platting and site plan review. • • • • 1000 1 �• o- -�oaod COUNTY - R OA D -4 a.-10- '� 000 i t - � OOO d0 - =Om PROPOSED PYLON SIGN / • ,'' PROPOSED PYLON SIGN PROPOSED MONUMENT J V SIGN •� ' '. PROPOIED MONO _ •'•p __ s.I A A _�' _ rl =� Fy SIGN. 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C D CROSSING CHECKED BY: KA A 01 North 3rd Street 612 -436 -4030 ' �TLIN DEVELOPMENT COMPANY 1 /� Minneapolis, MN 55401 Fax 612 -692-9960 BROOKLYN CENTER, MN Architectural Consortium, L.L.C. 2011 A EBE Common Mall Area to be j Z i Converted to Retail Space �! �I •� I w ! a ♦ DOCK 4 1 z ! ,►�. SHOPS 1 1 � ° a $EARS sew 1 1 1 1 ° 1 w , ♦ ANA 18 QP00 IS y CIO � � i X09 SQ��4•`� Qp�4.`� �� 1 1 OQ �T ♦5 Q QAC� a'i JI 7n �N N '" 5 S ATTACHMENT -E -V G. " ., \11P WIP i 1 - � _� .o..o.lalo■ ..oe�a � Inu r u.��. ...■ ..ay.� \ � ' , Inu I -� / ,� --- - u..\...._ �f. ���ff. �._. �. 1.. �. 11�.......■ 1...... 1\ IUn1.. 1\..\ I... �\ �I.. n.... n11iIIIIIIIIIIIIl11. 1�f1I11IIIfflffffffffffffffffffffffi uw�"Wft NJ Wk. PWQM - - - - - - - - - - - - - - - - - - -- ..�7G.iiiiii iiG.i:...0.1: 1 1' ='- :•10. ■II..I�IIII..I ..Of.l:::i ...o.... oo..o■.0000 ■■■ouiu..u�uu■o.nn■.o.o..nn.�.� n ■ ii .�� °■ -r.. .r.:.... .... 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LEASING PLAN _ ��I�uI.11111p BUloll�� ��lulf , �ullu H. 1 1 • City Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. 2011- RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -016 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) WHEREAS, Loren Van Der Slik, on behalf of Gatlin Development Company (Applicant) submitted Planning Commission Application No. 2011 -016, which proposes a Planned Unit Development (PUD) Amendment to allow the following changes to the 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, on June 13, 2011 the City adopted Resolution No. 2011 -85, which approved Planning Commission Application No. 2011 -009 and which approved and established the 2011 Shingle Creek Crossing Planned Unit Development plan for the redevelopment of Brookdale Mall and included the following variations from the zoning ordinance: A. Allow a 5 ft. rather than 15 ft. green strips at certain locations where an appropriate 3 to 3 -' /s ft. high decorative masonry wall shall be installed to offset negative effects along Xerxes Avenue. • B. Allow 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. F. Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring'' additional parking at Brookdale based on the uniqueness of Brookdale, the mix of uses and dynamics of multiple stops per person at the Center. RESOLUTION NO. 2011-_ • WHEREAS, the proposal under this consideration comprehends additional adjustments not approved under the 2011 PUD Agreement, which are noted as follows: 1. The physical separation of the existing retail mall /food court building from the existing Sears retail store building; 2. The renovation/conversion of the interior mall (common area) into retail space, which expands the net leasable retail area from 123,242 sq. ft. to 150,591 sq. ft.; 3.. The elimination of proposed Building N from the 2011 Shingle Creek Crossing PUD, plan; 4. The expansion of the central parking area on Lot 2, Block 1 (Building 'N lot) which adds 103 parking stalls to serve the additional retail of the Food Court building; 5.' The addition of a 6,000 sq. ft. commercial pad site with 30 parking stalls labeled as Building R, located at the southeast corner of Xerxes Avenue /56 Avenue entrance, along with a new 0.71 acre lot. • WHEREAS, the Planning Commission held a duly called public hearing on July 14, 2011 where a staff report and public testimony regarding the Planned Unit Development Amendment were received and considered by the Planning Commission; the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35 -355 of the City's Zoning Ordinance and the City's Comprehensive Plan; the public hearing was closed; and the matter was tabled to a later date; and WHEREAS, the City's Planning Commission tabled this matter to the August 25, 2011 regular meeting, where a follow -up staff report was presented regarding this Planned Unit Development Amendment; the variations requested by Applicant were revised and presented; and this matter was given further consideration by the Planning Commission. WHEREAS, the Planning Commission recommended approval of Application No. 2011 -016 by adopting Planning Commission Resolution No. 2011 -12 on August 25, 2011; and WHEREAS, the City Council considered Application No. 2011 -015 at its September 12, 2011 regular meeting and in light of all testimony received the Planning Commission's recommendations. • 2 RESOLUTION NO. 2011 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2011 -016 submitted by Gatlin Development Company is approved based upon the following considerations: 1. The Planned Unit Development Amendment is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development Amendment 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 Planned Unit Development Amendment proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 4. The Planned Unit Development Amendment proposal appears to be a good long range use of the existing land and this development can be considered • an asset to the community. 5. Based upon the above considerations, it is believed that the guidelines for evaluating Planned Unit Development Amendment as contained in Section 35 -355 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council that approval of the proposed planned unit development amendment referenced under Application No. 2011 -016 be approved and subject to the following conditions and considerations: 1. Allow the physical separation of the existing retail mall /food court building from the existing Sears retail store building as shown on the August 2011 Shingle Creek Crossing Master Plan (labeled with "Existing Dock"). 2. The Applicant shall submit detailed design elements of this separation area, including (but not limited to) roadway and pedestrian walkway materials and standards, decorative (architectural) fencing, lighting, landscaping, and other amenities under separate site plan review. 3. The City supports Applicant's desire and proposal in allowing two -way traffic for vehicles in the separated roadway segment between both buildings. 3 RESOLUTION NO. 2011- 4. Architectural building elevation plans must show both walls between the separated buildings and must be equally designed and match the external wall architectural standards throughout the development, including the Sears wall. 5. Applicant shall provide a signed, executed easement agreement, license agreement or g similar between Gatlin Development and Sears which provides for the construction, access and maintenance rights of the new 16' x 50' Sears entryway near the northeast corner of Sears' building. Said agreement must be reviewed by the City Attorney. 6. Allow a zero -lot line setback only to the entryway described herein and as shown on the amendment plans. 7. Allow the renovation/conversion of the Food Court interior mall (common area) into retail space, and the expansion of the net leasable retail area from 123,242 sq. ft. to 150,591 sq. ft. Final building design changes, both interior and exterior, and which may be different from those originally submitted in the 2011 SCC -PUD plan sets, including the relocation of the loading area, utility and trash enclosure areas, shall be approved under • separate and future site plan consideration. 8. Allow the elimination of ro osed Building N from the approved 2011 p p g pp Shingle Creek Crossing PUD plan; 9. Provide an updated major access routes exhibit for the entire development that includes defined truck routes to Site R elimination of Site N, and for any new loading dock proposed with the existing Food Court building. 10. Truck turning and access movements must be provided to demonstrate adequacy. Final access routes and turning movements for all loading dock areas will be subject to City review and approval under final site plan consideration. 11. Allow the expansion of the central parking area on Lot 2, Block 1 (Building N lot) which adds 103 parking stalls to serve the additional retail area of the Food Court building; 12. Allow the addition of a 6,000 sq. ft. commercial pad site with 30 parking stalls labeled as Building R, located at the southeast corner of Xerxes Avenue /56 Avenue entrance, along with a new 0.71 acre lot, subject to these related conditions: 4 RESOLUTION NO. 2011- . _ a) The creation and approval of this lot shall be made under separate plat application, with final plat approval by the City Engineer and City Council; and b) The proposed Building R is located within the previously approved SCC -PUD perimeters and shall be subject to the 2011 Shingle Creek Crossing PUD standards, including architectural and design material standards. 13. All other provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD shall remain in effect. 14. Execution of a PUD Amendment agreement as prepared by the City Attorney. • Date Mayor ATTEST City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I� 5 Gatlin Development — Shingle Creek Crossing PUD Amendment No. I Planning Commission Application No. 201 I -016 City Council Meeting September 12, 2011 Introduction • Gatlin Development requests a planned unit development (PUD) amendment to the previously approved 2011 Shingle Creek Crossing PUD redevelopment plans. • The amendment consists of five (5) additions or revisions to the original 2011 PUD • This item was presented before the Planning Commission under public hearing at the August 25, 2011 meeting 2011 Master Plan (approved May 23, 2011 ) ate. ^ i +� 11 � •• � • Af� � lv� p _ •�,...,.,,� couNrr rtsana Nam — s.... �. sa�r�nrears+. ^»*.q±�h±++w �tv , "�nw�sro GuN�.E _ ''•� ') .�, •,tFEK AE GIONAL TRIM �, '�' _A10 04P 2, •. I I FRO E C Al SFIrtIGLEC REEk V 1w Kll-�7 s£ 1 r� e�aaw OP ow 'a �• w SHINGLE CREEK CROSSING K BROOKLYN CENTER, MN .` MASTER PLAN ' navzo^i 4P' 01 r ,yr Kimley-Horn • GATLIN DEVELONMEINT COMPANY and Associates,Inc. �. MDPOVFAKNLS iO SFAM OARC[11s NOFVAYTbF tMlS Gtm AAiD D k—T--lXr.. .. '�. � • 4�� �y AKF HMIfCf iDCRV AVnR(NAt. Fn'6fa H61 0 M- 0- 1 1 I . The physical separation of the buildings r ' r 4x; MSTIN II t f e f' gt RETAIL SHOPS �. This separation is part of • • of �r k` agreement • _ Sears and Gatlin 4 EXIS.TING *' = _ SEARS (NOT IN r 1 3 z . PROPOSED PY N SIG Separation area is planned to provide two-way traffic and pedestrian walkway --- - I� i F - ; EXISTING i BUILDING_ iI TO REMAIN 12 i{ E } ij e b , j{ ARCHITECTURAL ARCHITECTURAL i p S wiBS: FENCE :. l FENCE FLNLNNiAL5(TVP.; - If ,T r 3.6' t RAISED CROSSWALK C6 9 ?RUFLRTY LINE 210. RA!'_ELQ i:H 5L i' tl � — 147,41,M7N — j in � f s PEDESTRIAN-LEVEL j LIGHTING{ VP.) LANDSCAPE -0 + PLANTER(TYP.)� �7 I EXISTI%G 1 \ SEARS �w w 1 � LIGHTING AT A MINIMUM OF 2-0 �_ - FOOT-CANDLES WILL BE PROVIDEDm i BETWEEN BUILDINGS c 3 a Details and final design The separation also creates the need to construct a new, separate entryway for Sears and allow the continuation of a zero-lot line situation r , z FREFIN.N-L. C.OF"'NO EXI5TINO 5EAR5 Mrs C-MNIGL- � ILLUXINATEP BEYOND-- y 510NA0E .v - _._ , F C'"5-- = �' ' 1 i -�j ELRN 5-+-D BA\GS - O m FP--=f\. NC-AL %v m EFZ'G<---- - -} p r Ib'-O" T-4" ANOD. A_ M. S�OREF"RONT -_ _ 501-0" ENTRANCE TO 5E.AR5 EA5— E—EVA-1 OV — OF;— I ARCHITECTURAL SHINGLE CREEK psnrc'+rte: rs„• CONSORTIUM L.L.C. CROSSING 9C. com 31d sit 61264145--WD GATUN DBROPME`T COMPANY` Al �r•nr..a�rll°• VA 5,5401 rax�lz•�az.�a BROOKLYN CENTER. �t1N f:-c•,I;rrrt� I r:,�r•srticr-._.L.'::.2Q11 2. The renovation/conversion of the Food Court building (mall space) from 123,242 sq. ft. to 150,591 sq. ft.; �•` l' Common Mall Area to be :/• ��/ Converted to Retail Space 15 Noe Jd v � ors � o• °� t DOCK 4 ' SHOPS y . t ti t • � \ �� i PORTION OF + t o SUBJECT TO ♦ �y t Ri t SEARS r ` � r • t 1 " r 1 � • . • • . • a. J b 4 r. 3. The elimination of proposed Building N 2011 Approved Plan ING: Wa Proposed Plan IL i, PS ' 1819 y I TIN .e �m AIL HOPS STORE a C-180-a / 181,943 8.F. EXISTING v s. \ SEARS (NOT IN \ CONTRACT) \1 \ _ - - � EXISTING SEARS (NOT IN CONTRACT)�-.,� a OUTLOT A FROFOSEDF r •rj j IGN o y / d!� YLON SIGN l" PRaPosEa FR PYLON SIGf`—J 4. The elimination of Building N creates 103 additional parking spaces to serve the additional retail space created in the Food Court building. 5. New Building R - 6,000 sq. ft. commercial pad site with 30 parking stalls r RAIN GARDEN �...�._ 4 , PROPOSED- PYLON SIGP,ti f EX TIN BLIILQI RETAIL ' �► SHOPS Ur>? a } M i+Y - 1�s New Lot (to be created by replat) Updated Master Plan —August 2011 a ^ t.. Y�. COUNTY R04D N6 10 CC 10C! 0 "� �? 1 �Q�.PQ • `a _ ---��_.�.,.� t�PROPOSED"LON I.GN ... •s TT PJFFLE N W ^^•' � � "� � �a* !� � � > �� ,�j'7ts n�fi � r. .moROVEr.�NTS�� f,• w ,. l (� PROPOSED SNN(�iLE �� � -�- yf GREEN REGIONAL b♦ `�'�I ®� "=�.�. ® SIGN I \ PROPOSYl16NTED -yi moo AL' � 41}p� E� se caEE c �#.. r-fir z' RAIN GAROcN TRAL CONNECTION- , \ (TYP).� i 1{ TO EMTNG OR ME a 40 -Air Nr R EAlTNp A WaITTTa R:,, ;4'P fir► � ` E%ISTINC � . CREEI 60f PROPOSED . _:. PYLON SIv'F �� fir ' , w EXISTING DOCK 4A' EuS mG r 1 011 " SHINGLE CREEK CROSSING • a,noTA ,.. � , - � ' - � ,'a► BROOKLYN CENTER, MN r > L MASTER PLAN of _ Au ust2011 P',IWEDPREEWAY, � 9 - 4 t�T _ PYLON SGN rV � c_/1 r Kimley-Horn GATLIN DEVILOPMENT CONIPAN1Y and Associates,Inc. NOTE: .. • �MROJEMEflESTOSEARS RAKs15 NOT f#ffTCf TH5 D'JD AHD ,� Af•'E 5'v6,ECT TO CRY A'.PiOVAI. 0- 0 1 M--- 0 1- Recommendation Planning Commission recommends City Council approve Planning Application No. 2011 -016 as submitted by Gatlin Development Company for Planned Unit Development Amendment, with conditions noted in the proposed City Council Resolution (included in the packet) City Council Agenda Item No. 9b COUNCIL ITEM MEMORANDUM S DATE: September 6, 2011 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development JA SUBJECT: Planning Commission Application No. 2011 -017 (Carlein Cloutier, 5731 Camden Ave N) Recommendation: It is recommended the City Council direct city staff to prepare a resolution of approval based on the favorable recommendation and findings from the Planning Commission, or a resolution of denial based on planning staff's original recommendations of denial and certain findings. Background: This item is a variance from Zoning Code Sect. 35 -530 submitted by Carlein Cloutier (on behalf of the homeowner Debra New), 5731 Camden Ave North. This variance item is referenced as Planning Commission Application No. 2011 -017 and if approved, would allow the continuation of more than two accessory structures on a single- family residential property. • On August 25, 201 lthe Planning Commission conducted a public hearing on said application. Staff recommended the application be denied based on the initial findings that the request was not necessarily unique was in direct conflict with the general purpose and intent of the ordinance; could potentially disrupt the overall harmony of the neighborhood; and establishes a wrong precedent. Upon the Applicant's presentation and public comments, the Planning Commission closed the public hearing and began extensive debate on the merits and consequences of this variance. In the end, the Planning Commission made a motion to recommend approval of said variance, with counter - findings (to staff's recommendations) that allowing this variance was based on the hardship brought on by others (i.e. the former landowner) and that this variance request is reasonable based on the current situation of the Applicant and the apparent longevity of the sheds allowed by the City to remain in their current locations. Said motion was approved by 4 -2 vote. To assist further in the Council's consideration of this issue and to clarify specific comments made at the August 25t' meeting, city staff offers the following additional information: City Code defines accessory use or structures as "A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure." Moreover, a garage is defined as "An accessory building or an accessory portion of the dwelling building intended for or used to store private passenger vehicles of the families resident upon the premises and in which no business, service or industry connected directly or indirectly with automotive vehicles may be carried on." Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Under the current Ordinance the ara e area , whether attached or detached is counted as one • g g accessory structure and any other structure beyond that (e.g. tool shed, work shed, greenhouse, etc.) is limited to only two (2) structures per single - family dwelling. In this particular case, the Applicant's attached garage is counted n accessory and the two sheds are additional as one ac Pp g g �' accessory structures. Either one of the three accessory structures must be removed; or all three are allowed to remain under this variance. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Ap No. 2011 -017 an area ma showi the location of the p rop er t y under pP � p g p p Y consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents included in this review. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 3. We will stabilize and improve residential neighborhoods Ongoing: 5. We will improve the image of the City with citizens and those outside of the City's borders • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust • Application Filed on July 25, 2011 City Council Action Should Be Taken By September 23, 2011 (60 Days) Planning Commission Information Sheet Application No. 2011 -017 Applicant: Carlein Cloutier Owner: Debra New Location: 5731 Camden Avenue N. Request: Variance to City Zoning Code Section 35 -530 to Allow More Than Two (2) Accessory Structures in the RI Zone INTRODUCTION The applicant, Ms. Carlein Cloutier is requesting a variance from Section 35 -530 of the city's zoning ordinance to allow the continuation of two accessory structures in the rear yard of a single- family residential dwelling, located in the R -1 One Family Dwelling district. Subpara. 5 of said section states: "No more than two accessory buildings shall be permitted on anyone residential premises." The two structures measure 10' x 14' (140 sf.) and 12' x 20' (240 sf.) respectively. An aerial map attached to this report illustrates the sizes and approximate location of the two sheds. • A public hearing has been scheduled and notices to surrounding property owners have been sent. The Applicant has submitted for review and consideration a petition signed by a number of neighboring and community property owners supporting their variance request. BACKGROUND The subject property in question is located in the R -1 Zone and is surrounded by other single family homes. The above cited section of the Zoning Ordinance allows detached or attached accessory buildings, such as garages and/or carports, along with utility or storage sheds provided the total ground coverage of all accessory building(s) does not, exceed the ground coverage of the principal dwelling; and that no -more than two accessory structures are permitted on any one residential premise. In this case, the footprint (ground coverage) of the dwelling is 975 sf. The existing attached garage is 528 sf, which leaves up to 447 sf. for additional accessory space. As a result of a site investigation, the property owner was given notice by the City's Code Enforcement Division a number of weeks ago indicating her property was in violation of City Code 35 -530 due to the excess number of sheds on the property. The investigation and requested action stated they needed to remove one of the accessory buildings to be compliant with Code. The owner /applicant appeared before the City Council at the May 23, 2011 meeting (open forum) requesting a stay on the code enforcement action and a " grandfathered right" determination by the Council. The Council directed city staff to look into the matter, whereby a letter was prepared by staff and mailed to Ms. Cloutier and Ms. New, dated July 5, 2011 (included herein), indicating the grandfathered right is not applicable. The Applicant appeared Cloutier Variance Page l of 5 8 -1T -T1 again before the City Council at the July 11, 2011 meeting, informing them of the recent letter • and grandfathering determination and inquired about the variance process. Mayor Willson asked Ms. Cloutier to contact city staff to determine the process and whether this situation qualified for a variance consideration Shortly thereafter, Ms. Cloutier met with planning staff, the rocess was explained, and said application for variance was filed with the City. P p At this time, the Applicant /Owner has not submitted a narrative justifying their need or hardship in this case, only the petition. They have communicated to planning staff that their need for two extra sheds is strictly personal; especially their desire to store excess equipment, furniture and personal belongings of other family members. The Applicants further indicate in their application that the smaller shed was built in 1978 and the larger shed was built in 1996 (note: city records indicate the shed was actually finalized in 1995). Ms. New purchased the property in 1998 —after the two sheds were built. Residential homeowners installing more than the allowable sheds in their yards is an occasional occurrence and common mistake the City is called to investigate and remediate by means of code enforcement action. State Building Code allows homeowners to install utility sheds up to 120 sf. (10 x 12') without any permit. The City does its best to police or inform the general public of these rules; but at times, as in this case, occurrences do slip past our review or inspections. It appears the previous homeowner neglected to indicate the smaller, existing shed on his property when he applied for the building permit to construct the larger 12' x 20 building (refer to the attached 1994 building permit application and site plan). This permit was issued on the understanding only one shed would occupy this rear yard. Staff was unable to ascertain if [in • 1995] the city inspector noticed the smaller shed at time of final inspection, or made any effort to notify the owner of any potential violation. Nevertheless, the action (or inaction) of the inspector in 1995 is moot and not relevant in this particular case. ANALYSIS City Code Section 35 -240 Variances, provides the governing rules and standards in the review of variances. The section states the Planning Commission, acting as the Board of Adjustments and Appeals, recommends and the City Council grants variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. A variance may be granted by the City Council after demonstration by evidence that all of the Standards for Variances, contained in the Zoning Ordinances are met, which include the following: a) Because of the particular physical surroundings, shape or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. b) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. Cloutier Variance Page 2 of 5 8 -11 -11 c) The alleged hardship is related to the requirements of this ordinance and has not been • created by any persons presently or formerly having an interest in the parcel of land. d) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. The Planning Commission may or may not be aware, the Minnesota State Legislature recently passed a bill that significantly revamped the parameters or standards in which municipal governments can review and grant variances. Pursuant to Minnesota Statutes 2010, Section 462.357, Subdivision 6. Appeals and Adjustments the standards noted above have now been revised by eliminating the need to justify or prove a hardship in variances. The overarching standard or principle in the granting of variances is now based on a "reasonable" test or justification. The new law (abbreviated below) provides the following standards: Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance' establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means: a) that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; • b) the plight of the landowner is due to circumstances unique to the property not created by the landowner; and c) the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. In consultation with the City Attorney, he advised planning staff that in order to be consistent with and compliant with State Law, the city should analyze or discern this variance case under these new rules and standards. The following is city planning staff's findings based on these above- referenced standards: ❖ that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The "reasonable" nature of this particular variance case is somewhat subjective. The most common need or request for accessory buildings is to store vehicles, bicycles, lawn and yard equipment, patio furniture, and other miscellaneous and personal belongings, while other needs range from workshops, garden sheds, greenhouses; or play houses; all of which are reasonable uses. Zoning Code does not distinguish what a homeowner can and cannot store, or how to use these accessory buildings provided any activity in these buildings is not illegal or does not conflict with Code. The Applicant has indicated to • staff that their need is personal -- due in part to limited storage space in their existing Cloutier Variance Page 3 of 5 8 -11 -11 two -car garage and desire to keep and store personal property indoors. • Staff will stipulate the need or desire to store equipment inside these two shed appears reasonable. However, the removal of one of the two sheds will not take away the overall use and enjoyment of the property, or removes the homeowner's right to have some additional storage area. The City's current ordinance is very specific in how many [buildings] and how much accessory space is allotted to all residential dwellings in single family and two- family zoned properties. In Staff's view, the current ordinance is reasonable and allows for fair and equal provisions to all homeowners wishing additional accessory storage space. the plight of the landowner is due to circumstances unique to the property not created by the landowner This variance request is clearly due to circumstances created by the previous landowner, and to some degree the City by not noticing or preventing the development of this site with two sheds during the building and inspection process back in 1995. Staff however, believes that the one additional shed does not provide enough special circumstances unique to the property; or the sheds are screened or difficult to view from adjacent properties (they are highly visible from adjacent properties), or supports any other special allowances under this variance case. Before completing the purchase of the home in 1998, the property owner should have investigated, been told or determined if the subject property was legal and conforming to current city codes. ❖ the variance, i ranted will not alter the essential .fg � character of the locality. Staff does not believe that granting of this variance to allow the two sheds would (or will) alter the character of the locality. The sheds have been in place since 1978 and 1995 respectively, and they do not appear to affect any desired view sheds,' watersheds, easements or pathways that would cause planning staff concerns. SUMMARY/RECOMMENDATION According to city records, the original accessory building provisions (Section 35 -310, Subdiv. 1b.3 and Section 35 -530) were adopted in 1981. They were created after review and denial of a variance to allow construction of a,garage that would exceed 75 percent of the ground coverage of the principal building on a particular site. The City at that time determined that it was essential that no individual accessory building, or combination of accessory buildings, should exceed the ground coverage of the principal building or 1,000 sq. ft. in total area; and limited to two accessory buildings per lot. Since that time, this section has been amended by eliminating the 1,000 sf limit, but all other provisions remain the same. Although staff would agree that in some cases it seems reasonable to have more storage space than normally allowed, the ordinance is specific in this regards and city staff would recommend the City holds to this standard for now. Cloutier Variance Page 4 of 5 8 -11 -11 In consultation with property owners contemplating variances, one consistent theme planners investigate or suggest before accepting a variance application are alternatives. In this case, the only logical alternative would be to remove one of the two sheds, and enlarge one of them to increase storage space. For instance, the 12' x 20' shed could be enlarged by an additional 207 sf. if the owner so chooses, which would easily make up for the loss of the smaller 140 sf. shed. The other alternative is to remove one of the two sheds, and eliminate the need for a variance. In summary, this application does not appear to meet the other (current) standards in review of variances, except however for the hardship to the current owners created by the previous homeowner. We do however believe the plight of the landowner or its circumstances were created by others or by inattentive action, which in turn forced the landowners to apply for this variance. As noted previously, the applicant's situation is not necessarily unique to his parcel of land. The new statute states "Variances shall only he permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan." To allow a homeowner additional sheds (even by means of a variance) is in direct conflict with the general purpose and intent of the ordinance and could potentially disrupt the overall harmony of the neighborhood. Other property owners throughout the City (and even in this neighborhood) have been subject to similar code enforcement action as well, and to allow this application to proceed under a variance potentially sets or establishes a wrong precedent. Planning Staff recommends denial be based on the grounds that the new standards for granting variances (under Mn SS 2010, Section 462.357, Subdivision 6) particularly the standards for reasonableness and uniqueness to this and all other properties throughout Brooklyn Center have not been met; and the variance is not in harmony with the general purposes and intent of the ordinance. If the Commission wishes to explore other alternatives to the applicant's case, an ordinance amendment, rather than a variance, could be pursued in order to allow equal application of the ordinance on a city -wide basis. ATTACHMENTS • Aerial/Location Map • Photos of Sheds • Mn State Statute - 2010, Sect. 462.357 • 1995 -96 City of BC Building Permit • Code Enforcement Action Notice Letter (04/22/2011) • City's Response Letter (07/05/2011) • Neighborhood Petition w/ Map Cloutier Variance Page's of 5 8 -11 -11 LOGISMap Output Page d . hu,3 j bBTH AVE M 41 a. Jl ■ ■ _ 12'x 20 ;' •' 11 shed W r z a y " / 4 8720 " M 7 • E 572•, - - 'j — = f :7 �tac lcia-nMeCV Y'L �J�� , n• __ -� Q 5�� _�� Application No. 2011 -017 Applicant: Carlein Cloutier Owner: Debra New Location: 5731 Camden Avenue N. Request: Variance to City Zoning Code Section 35 -530 to allow more than two (2) accessory structures in the R1 Zone • http:// gis. logis. org/ LOGIS_ ArcIMS/ ims? ServiceName= bc_ logismap _ovsde &ClientVersion =4.0& Form = True &Encode= False[8 /5/2011 10:23:23 AM] s +k �- zC a F ,r • 4a. gg s � LO vi 4 Alf Al 69 L 10218 l IL0 , w . Y 1 . ti ... .. � ,�,� ° "•s,. ' .,2; _ , ! '� ' -ate • � . . 3 '1. 9 r ♦ , i t - ^ .. � .� �+ Y •'. 4." ,�q�_ s.+ ', ` •�'. .. ��' � , fit.. S i _ � ' V • R1 ,f�v :� �_ ,1 , ti + i . r G '� ` r i ++.,r `' °fi 3 • <. . i 1 � , s .{ ; • • ` `a ., ;�' =� �.}� � ... � f '•' ,I.'4 i �'~ \ i qtr i B9 0 1 OV 8 110. qm Ik r VA lim A # �• � ��� • +.rte• `i \' "r. ` y � ' { � � � � 1� a,r ` fi , . ` Q . i 1 G,.fF Y♦ + mss ., + J�► 9 `, ,� Minnesota Statutes 2010, section 462.357, subdivision 6. Appeals and adjustments. Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal pFevisieRs ef th e di demen5trated that such aetiens will be O R keeping with the spiFit and iRteRt ef the eFdiRanee.- eentF T requirements of the zoning ordinance including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general Purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes • that there are practical difficulties in complying with the zoning ordinance "Practical difficulties," as used in connection with the granting of a variance means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance, the plight of the landowner is due to circumstances unique to the property not created by the landowner,, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone s4A do not constitute an und haFdShip if "_practical difficulties. Practical difficulties include but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with the ordinance, The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not peFFni tee allowed under the zoning ordinance for property in the zone where the affected person's land is located. The board or governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or governing body as the case may be may impose conditions in the granting of variances A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. • BROOKLYN CENTER PLANNING AND INSPECTION DEPARTMENT 6301 SHINGLE CREEK PARKWAY, MN 55430 -2199 PHONE (612) 569 -3344 FAX (612) 569 -3494 bfc -1 BiIILDING (BL) PERMIT APPLICATION M:. : : �. • SITE LOCATION lVd NUMBER STREET SUITEMNIT NO CODE f. - :�ffi r ..�x�.f.» .{�{. %<$�i✓ ;`fT'' fr > "::r;. <z�? .><., r - .. `�i •t. '' PROPERTY MANAGER OR PROPERTY OY�rhIER NAME : :ice f' <.; f -:.. ok � WTIEI f: f , {' OWNER/COMPANY NAME CONTACT PERSON PHONE iij: ORMAT1Qf�.`lr /jp ,7 /�/� / /�� ^' J / /j /{ �v ! A-4` {" 1 0 C !� / •+�. �/ �1L � ,� t �ff.fhf:ff�f {s:ADDRESS �� 44i����J"'"•'+ ff CITY 4 . 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X 438 GARAGES, CARPORTS SHEDS 4 37 COMM RETAIL VALUATION OF WORK ESTIMATED COMPLETION DATE Not including land 0 .OA)'S IPAaOf1�tJ r DESCRIPTION OF WORD: t s 64Y Z' 4;L x a'C DOES THE 'WORK INCLUDE EQUIPIviENT OR AREAS USED FOR FOOD HANDLING, STORAGE, I AND /OR DISPENSING? j TYPE OF USE: & %-� L.# 7 i �Rf1FUR i T 1T<1EI+ISIC� �S {i f j Width 4 � nth Height � Squairc footage ...... Dwelling Accessory Building 2nd Accessory Building - ..r:: x. {� .n.f.•.+�if +fiVv v. �3::v' _. v: n .._ .:::6:i:•: :- ?i:•:v:n..vn.v_ -v. k"..::4i::'1.:.:.: _:iii:" ..�f::i +:i:tiI.+r.N.; 1ri.,. }:. :.... ___... "a. :c - ,�"�.�:� /.�.f.:r ,,;f' � ::.. e�} .,.,I.r.:, :_:.. /.. 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LOT 5U�[vE t �+�1�1� f ��� ' RA7MOND A PRASC14 GCLDcU VNLLCY, MINI. 6717 IDAIaU AVE PJ. LAND S1111V + ltiNFl P }: ». N'3. 4;,41 � rmOf{S : OP,OOKLYN PARK„ MINN. r1hPISTER &D bN11EB LAFT:y - srA'rh Or MINNESOTA MINN. REG. NL. 6141 , 11If:FNRLD Iar 00111NANEE:- 0r -:1L'irx ar MINNEAPOLIS 4141 'JS/, 9n,jd «AY • j+1in�C+p<1 . Minnesnln Fr�l? ..'.SJJ•9521 INVOICE NO. 8. �r1.� +,F "rlr� If, l'C 4A�IaICAt .�'.U:CIi�'.1�i1.Cia'. k ",� t• # � � F . N Carr L��r•.. rL S:11rJG \;t 114rru[L' SCA LE o • �1, `1�1 . ' 'i�'l +mil l:c�., �I '. N 0 I CL X `{ 2 co LIJ ,, +z �,""""''`° . f `� 3 :''� ..• � .rte .. ... '� y J � ' v ,\ cl fir. cl a_I, J Jb't0 1 U) ca W G t + :'U v.J;; t'I'� V',J. s 7t, t r • r, r T r '� ' J `,��•. : _''�. ti dm .I C' 1 I : y..j tl• 41J�1tr� +i ... _ � ' �� ... . _ .. _ ......__�_...•_..... ._. .. ...-� .,.•, -. :,..r•.,.• �......�. .:,•:r.- .�,- -. , . ..,......�.;,. w,•:�,.,,r -•rte .:,,- 7- z��...,.,•Hn .Y..._., _ _..._.._. ._... r City of Building and Community Standards X Brooklyn Center www cttyofbrooklyncenter orQ 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 -2199 Phone 763.569.3330 TTY/Voice 711 Fax 763,569.3360 4/22/2011 Debra A New *11 573.1 Camden Ave N Brooklyn Center MN 55430 RE: 5731 Camden Ave N Dear Property Owner: The Brooklyn Center City Council has adopted certain ordinances in an effort to keep our city clean and maintain good relations between neighbors. The following items covered by City ordinances have recently been noted at the address listed above. Your cooperation in taking care of the items would be appreciated and avoid the additional time and expense of formal actions by the City if the conditions are not corrected within the times set below. You have 30 days from the date of this letter to do the following: City code allowes for two accessory structures at residential property, including the detached /attached garage. Please remove one of your three accessory buildings. Section 12- 707, 35 -530 Accessory Buildings Doing your part to keep the City of Brooklyn Center a great place to live will be appreciated. If you have questions, please contact me at (763) 569 -3420. Sincerely, y oaar-a— aa--^ Jesse Anderson Code Enforcement Inspector 4Of � Administration Department • Center--,, * w ww- ci tyofbro okl yncen ter. org 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 -2199 July 5, 2011 Carlein Coultier & Debra New 5731 Camden Ave N Brooklyn Center, MN 55430 Dear Sir /Madam: Re: 5731 Camden Ave N, Brooklyn Center, MN This letter is in response to your recent visit to the City Council open forum. It has been determine that the current ordinance does restrict your property from having the third accessory building at your property. Even if the Council decided to make changes to the ordinance in the future, you are still obligated to meet the requirements of the current ordinances. The following information is the City Attorney's response to your situation: 1. Grandfathering. "Grandfathering" is a term applied to the right of a landowner to maintain a • use or structure that was lawful when created despite the fact that it becomes unlawful by later adoption of a regulation by the government. Since the third accessory structure was not lawful when constructed, it is not a grandfathered structure. 2. Permit Association with Shed. The other question is whether the landowner is entitled to keep the second shed because the inspector did not notice the violation or did not enforce the code. The plan sheet accompanying the application for the second shed that would have been reviewed at City Hall did not show the first shed. Therefore, the permit was probably issued without knowledge on the part of the City that there was already a shed on the lot in addition to the garage. It is not known what happened when the inspector inspected the second shed It may be that the inspector was only looking for building code complained and assuming that zoning code issues were considered when the permit was issued at city hall. It may be that the landowner was informed about the rules and told the inspector that the first shed was going to be removed. However, even if the city inspector simply missed the violation, that would not excuse the violation. City inspectors are not authorized to change the requirement of city code, either intentionally or by accident. When a building official misses a violation it sometimes results in a burden on the landowner that could have been avoided if the official had promptly caught the violation and enforced the provisions of city code. While that may be an unfortunate result, city inspection is intended to protect the public at large and is not a guarantee to an individual landowner that everything about a use or structure is lawful. Co � I' ce city ryt 9' mp ran with � y code is the obligation of the landowner, even if the landowner is ignorant of the law. If a third accessory structure on a property was not lawful when constructed, it is not made lawful by the approval of a building permit or approval of the structure by city staff i 5739 Camden Ave N July 5, 2011 Page 2 I i i • i After further review of your property, there are some additional options that you may wish to consider in 1 order to increase your storage options. Although you may only have two accessory structures including the attached garage, City ordinance allows the total footprint of your accessory building(s) to not exceed the footprint of your principal structure. The footprint of your house is 975 square feet; the ! attached garage'is 528 square feet, leaving 447 square feet for the second accessory building. If you were to remove both sheds at the property, you could install a larger accessory building, with a footprint l up to 447 square feet. Since the structure would be more than 200 square feet, a building permit would be required. Please note that these dimensions must be verified through field measurements and other codes may apply. If you would like to explore this option further, l would suggest'scheduling a meeting I with the Planning Specialist and Building Official. ; Thank you for your time in addressing this matter. A City inspector will be inspecting our property p J Y !� P Y on or after July 25, 2011 to verify compliance with City ordinances. Failure to comply with the City ordinance may result in enforcement actions such as an administrative penalty, county citation, or a formal complaint. We appreciate the frustration of thinking the shed was legal when you purchased the property. Your • cooperation in this matter is greatly appreciated. If you have questions; please call Jesse Anderson, ' Housing & Community Standards Supervisor, at 763- 569 -3420 or me at 763 -569 - 3309. Sincerely, Vickie Schleuning Assistant City Manager /Director of Building & Community Standards Cc: Curt Boganey, City Manager Charlie LeFevere, City Attorney Jesse Anderson, Housing & Community Standards Supervisor P etition for Approval of ri t`t °�'�'�g City of Brooklyn Center Planning ommission and 9 City Council. F " �pot,tronlrag,Whatf Variance from Section - '12 707, 35 530 Actor for We, the undersigned, are concerned citizens who urge our city leaders to act now to issue i tt a variance for the property described. The property at 5731 Camden Ave N Brooklyn Center MN 55439 was build In 1976, including a 2 story single family home with a 2 car attached - garage. That same year the original owners placed a standard size shed on the property. In 1996 the owners ap for a ci permit to build a l shed o n the property and that was approved. In J of 1998 the roe p y p p rty was purchased b Debra New. At the time of purchase, the property had the existing home /attached garage and 2 outside sheds located in the back yard. On April 22, 2411 the city of ;.::.:. Brooklyn Center Code Enforcement Inspector sighted the property as being in violation o f city code: Section 12 -707, 35 -5311 Accesso ry Building which states, City code allows for two accessory structures at residential property, including the detached /attached garage. This violation came after the home was owned for almost 13 ,years. The property has not been changed in any way since the purchase date. We would ask that we be allowed to keep the extra shed. If you feel that the city of Brooklyn Center should approve this Variance, please sign the petition below acknowledging your approval. rErited Name .. :Sagr►ature::. Address :.....:: Caiiiment:. .. .....: .. - Date ,.. *" _ �`7t�NJ e lUo rv b({� rr�s/ i 3SttPS • � rY+ t Lba 2S j If In ` (o a `�l�- 57 0� , wti cle, Ave N, M o , 1 Lk w'+j ?/ o 26 / txiw s (a�P. 6 ea,, ,U, f _ Al • A` PM f 60&S r ssUes IA ey �- `�� /v Z 1// r 1� IOU .�.:n . OMPI . �M/ TO. WMI 1 IL M 401 �_ � i_ j u so �J dJ (u rt 3 , 1 f i a �3 r, t ta i f G >, u�.cu A WOL krz f` Rpp :5: t LOGISMap Output Page well sale 5575 i 583-0 I ssls ce � r saza � .solo 5629 1 _ 1 �; 1. 6 5819 5624 g8 % 5610 RA W e 710 Mo 5 SPAT 600 L L_! ■ i - Z I i 5bTH A E N I 5754 5150 � � y •. •ra � „1 - � .4• 1 .ate 717 •� '�. I !�� . 5 /•It 5172 i. s 573 + i 9 .5%24 Y " W 572. 5!251 I _l. •J p "" , I /Pf 5ru c ;1 y SYOr •� 5703 I 8.3 ' Pi_E a __ _...__ . `_ 1 •� a • "'! I � _ ?ill i •.= 5a _'�'i r „ ��� � !� � * I 1 57TH AVc N ® `I / - �_i (— 1 - �l — T u� - i � +r rf�t � _3 -, — ... I — _ _ 1 a 5fl F ..1. -�1 I �.. I - �_ k ,.. 4 A1.n= �•ni:i A: d \IS ,- C - gt {C-6WGI1n YJ)i ,s� .re. ' • ` y �Y �.__ 1 _.I .._— 1f 5c�• G �_— _ 21.ft Highlighted properties indicate those neighboring homeowners who support the Applicant's variance request. • http:// gis. logis. org/ LOGIS_ ArcIMS/ ims? ServiceName= bc_ logismap _ovsde &ClientVersion =4.0& Form = True &Encode= False[8 /5/2011 1:26:05 PM] Cloutier /New Variance The property at 5731 Camden Ave N Brooklyn Center MN 55430 was build in 1976, including a 2 story single family home with a 2 car attached garage. That same year the original owners placed a standard size shed on the property. In 1995 the owners applied for a city permit to build a larger shed on the property and that was approved. In July of 1998 the property was purchased by Debra New. At the time of purchase, the property had the existing home /attached garage and 2 outside sheds located in the back yard. The property has not been changed in any way since the purchase date in 1998. We would ask that we be approved for a variance and allowed to keep the extra shed. A) That the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance: This is somewhat subjective as the main purpose of a shed is to store belongings or use as some type of work station. Our larger shed is used for storage of bikes, lawn care items, camping supplies, as well as for a wood working area and work shop. The smaller shed is used to store a snow blower and house hold items /furniture for one of our adult daughters who had to move back home with her child because of financial reasons, as well as for another daughter who is moving home from college. We occasionally also store furniture for an adult son who because of a medical condition sometimes has to be hospitalized, which sometimes jeopardizes his housing. If we were forced to remove one of the sheds, then the larger shed would end up having to be turned into just a shed. We would lose our work bench area and not have a space for the wood working equipment. B) The plight of the landowner is due to circumstances unique to the property not created by the landowner: We feel that this is a unique situation to this parcel of land. First the home was purchased with both sheds already in place. Both sheds have running underground electricity. The parcel had both sheds on it since 1995 (smaller one since 1976 not 1978) and it has only recently become on issue. Secondly, even though the original owner did not include the first shed on the plan sheet when they applied for a permit, the city did come out to inspect the larger shed in 1995 after having issued a permit and the property did pass the inspection. I was informed by City Hall staff that there would have been a note attached to the inspection saying that the first shed had to be removed when the property was inspected. The smaller shed is in plain sight and no such note was made on the final inspection. The current owner should not be faulted that when the city inspected in 1995 that the inspector made no such notes on the inspection paperwork as to the smaller shed. This situation is not common, as the current owner was only recently made aware that the home was in violation of city code, after living in the home for nearly 13 years. The city code says that we may have one large shed equal to 447 square feet. Even with the two existing sheds we are under the square footage allotted (380 sq. ft.) Adding on to one of the existing sheds or removing both and building one large one would cause great hardship, not just financially but to the appearance of the property and the size of the yard. If we were to • have to remove one of the sheds, it would make the most sense to remove the smaller less expensive shed. Because there is nothing wrong with this shed, we would try to remove it intact. In order to remove it would cause unreasonable hardship because of the contents talked about in part (A) and the location of the shed. The only way to access the shed with a trailer would be to back a trailer into our backyard from the south side of our house. This would be a very difficult task as we would have to squeeze between our deck and a large tree in our backyard. If a trailer would be successful in passing the tree /deck it would only be navigated nearly to the shed, as to get any closer would alter our landscaping. Our neighbors at the 713 58 Ave N have a fence that is about 8 feet behind the west side of our shed on the property line. The neighbors at 5725 Camden Ave N property is located about 6 feet to the south side of the shed. To the North of the shed we have concord grapes, mulberries and another shrub. To the immediate east of the front of the shed we have many Choke Cherry trees. Because it would be impossible to put a trailer directly next to the shed in order to lift it onto a flat bed trailer the shed would need to be demolished or we would need to cut down our trees /shrubs. Also, because the shed has underground electrical running to it, it would mean having an electrician come out to dig our yard up and remove all electrical wiring. C) The variance, if granted, will not alter the essential character of the locality. The sheds have been in place since 1976 and 1995. Many of the surrounding neighbors have signed a petition stating that they are fine with the sheds remaining in place and that they have no problem with the city issuing a Variance for the owners to keep their shed. • The sheds do not affect any paths or property lines. They are in good condition and do not pose to be an "eye sore" to the surrounding neighbors. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 25, 2011 CALL TO ORDER The Planning Commission meeting was called to order by Chair Sean Rahn at 7:02 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Rachel Morey, Carlos Morgan, Michael Parks, and Stephen Schonning were present. Also present were Councilmember Carol'Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Stan Leino was absent and excused. APPROVAL OF MINUTES — JULY 14 2011 There was a motion by Commissioner Morey, seconded by Commissioner Kuykendall, to approve the minutes of the July 14, 2011 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Sean 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. 2011-017 — CARLEIN CLOUTIER — 5731 CAMDEN AVE N Chair Rahn introduced Application No. 2011 -017, a request for a Variance to allow the continuation of two accessory structures in the rear yard of 5731 Camden Avenue N. Mr. Benetti presented the staff report describing the location of the property and the proposal (See Planning Commission Information Sheet for Application No. 2011 -017, attached.) Mr. Benetti explained that Section 35 -530 of the City's Zoning Ordinance allows detached or attached accessory buildings, such as garages and/or carports, along with utility or storage sheds provided the total ground coverage of all accessory building(s) does not exceed the ground coverage of the principal dwelling; and that no more than two accessory structures are permitted on any one residential premise. Mr. Benetti further demonstrated with a PowerPoint presentation the following history of the property: • The property owner was given notice by the City's Code Enforcement Division a number of weeks ago indicating her property was in violation due to the excess number of sheds on the property. The City requested that the owner remove one of the accessory buildings to be compliant with Code. • 8 -25 -11 Page 1 • • The owner /applicant appeared before the City Council at the May 23, 2011 meeting requesting a stay on the code enforcement action and a "grandfathered right" determination by the Council. • The Council directed city staff to look into the matter, whereby a letter was prepared by staff and mailed to Ms. Cloutier and Ms. New, dated July 5, 2011 indicating the grandfathered right is not applicable. • The Applicant appeared again before the City Council at the July 11, 2001 meeting, informing them of the recent letter and grandfathering determination,' and about the variance process. • Upon advisement of the City Attorney, Ms. Cloutier was directed to contact city staff and make application for a variance. • City planning staff met with Ms. Cloutier and Ms. New and advised them of the variance process and this application was filed shortly thereafter. • The owner has communicated to staff that their need for two extra sheds is strictly personal; especially their desire to store excess equipment, furniture and personal belongings of other family members. The Applicants further indicate in their application that the smaller shed was built in 1978 and the larger shed was built in 1995. Ms. New purchased the property in 1998 — after the two sheds were built. It was pointed out by Mr. Benetti that planners, prior to accepting any variance application, will seek out or suggest any available alternatives. He added the only logical alternative in this case would be to remove one of the two sheds and enlarge one of them to increase storage space; or • simply remove one of the two sheds and eliminate the need for a variance. Mr. Benetti added that this application does not appear to meet the other (current) standards in review of variances except, however, the hardship to the current owners created by the previous homeowner. Mr. Benetti stated Staff recommends denial of Planning Commission Application No. 2011 -017 based on the grounds that the new standards for granting variances (under Mn SS 2010, Section 462.357, Subdivision 6), particularly the standards for reasonableness and uniqueness to this and all other properties throughout Brooklyn Center have not been met; and the variance is not in harmony with the general purposes and intent of the ordinance. PUBLIC HEARING — APPLICATION NO. 2011 -017 There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to open the public hearing on Application No. 2011 -017, at 7:15 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. The applicant Carlein Cloutier, 5731 Camden Avenue N, stated that in review of city ordinances, she found where it states that "no more than two accessory structures can be permitted" - but does not feel that the ordinance states that a garage or shed count as an accessory structure. Ms. Cloutier stated she purchased the property in 1998 with both sheds on the property. She • added that they haven't made any changes to the property since then. She also explained that she 8 -25 -11 Page 2 was notified in April that they had a zoning code violation and feels that wording in the letter • does not match wording in Chapter 35. Ms. Cloutier explained that she did bring this issue to City Council two times and was advised to file for a variance. She added that she then created a petition within the general neighborhood and everyone was supportive of the two sheds remaining on the property. " She further stated that an unnecessary hardship was created by the previous owners and if they were to comply, it would be difficult to remove the shed. They would have to demolish it since they can't remove it intact since the neighbor's fence and trees are in the way. She further stated that a variance would allow them to continue reasonable use of the property since they have a large family and need the shed for normal storage. She invited Commissioners to come out to the property and take a look. Chair Rahn asked Mr. Benetti to explain the definition of an accessory structure. Mr. Benetti explained that under definitions in Chapter 35, it states that an accessory structure is described as garages and sheds and limited to two per single family property. Commissioner Parks asked what defines an accessory structure. Mr. Benetti stated that an accessory structure is considered secondary to the primary principal dwelling. He added that an accessory structure can have electricity but not sewer or water. Zoning Code further prohibits any accessory structure from being used as a residence or dwelling. Except in some cases where homeowners convert their attached garage space into livable space, but only after meeting all current residential building codes, and review and approval by the City Building Official. Ms. Cloutier further stated that the shed has electricity and it would be a hardship to remove it. j She adds that when a permit was issued and an inspection done for the second shed, the city should have, at that time, required that one of the sheds be removed. Mr. Todd Gunderson, 70158 th Avenue N, stated that a few years ago when his wife was sick he was going to build a greenhouse. He later learned that the city had received a complaint about the greenhouse and was told he had to remove it. He then moved the greenhouse to his daughter's house. Then his daughter received a notice that she could not have the shed. He explained both times that it was not a shed but a greenhouse. He feels that there is a neighbor conflict with these sheds and if he was told to take down his greenhouse /shed, then the applicant should also be required to remove theirs. Mr. Gunderson also stated that the applicant asked people to sign a petition at National Night Out and some neighbors have since asked to have their name removed from the petition. Mr. Gunderson feels that the applicant reported his property in violation. No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -017. 8 -25 -11 Page 3 CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to close the public hearing on Application No. 2011 -017, at 7:32 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Kuykendall stated that she understands that the city recommends denial of the variance but feels that the City screwed up when they missed the violations two times. She added that she would approve it since the city did not handle this properly from the beginning. Mr. Benetti responded it was not exclusively the "City [that] screwed up" in this case, but a combination of a building permit in 1995 that failed to illustrate the other shed; or possibly a "verbalized" agreement between City staff and the former owner that allowed the larger shed to be built but only if the smaller shed were removed; or an innocent oversight by the city inspector in the field. Regardless of these unknowns or possible scenarios, city staff analyzed this particular variance on its own, separate merits and under current ordinance standards, and what may or may not have happened in 1995 is no longer relevant in this case. Commissioner Parks stated that the community should be softer and kinder and allow the applicant time to amend the problem without causing any hardship. He feels that the city should allow the owner to find a solution when they have the time and resources to do so. Commissioner Parks added that the applicant has tried to be a good neighbor by passing around a petition. Commissioner Kuykendall stated that she does not feel that the ordinance should be changed but if they approve the variance it is for the right reason such as it is a hardship. Chair Rahn stated that he has a different opinion especially when dealing with people. He explained that he feels that there may be an inspector that responds to a complaint in a manner different than another inspector and may not note a violation in the same manner. He added that for consistency, we have ordinances in place and it is the staff's responsibility to enforce them when noted. Chair Rahn also stated that he feels that the ordinance is quite clear with what is allowed for accessory structures. He feels that if we are going to make an exception, the intent of the ordinance must be followed. He added that he would vote to not grant a variance but rather look at the ordinance for possible amendments. Chair Rahn asked staff to explain the timeline involved with this application. Mr. Benetti explained that they have 60 days to make a decision based on the application date. He further explained that the applicant had gone to the City Council and they directed them to bring this matter before the Planning Commission and he feels that the Council will take action based on the Planning Commission's recommendation. Commissioner Parks stated that there may be some confusion regarding the definition of an accessory structure and it would be helpful to amend the ordinance to more clearly define it. He also feels that granting the variance will not create a flood of other variance requests. i Chari Rahn stated that for consistency the ordinance should be followed and enforced. 8 -25 -11 Page 4 Commissioner Schonning stated that he was notified that he could not build a third garage. He • didn't know what the rules were and removed it. He added that he feels that the Commission either recommends that the City Council reviews an ordinance amendment or that the deny approval based on the rules being followed. Commissioner Parks stated that they could grant a variance and give the homeowner time to amend the situation when they can afford it. i Commissioner Kuykendall stated that she feels that the owners are not asking for an extension to keep the shed until they are able to remove it, but rather they want to keep it. She added that the violation was of no fault of the applicant's. She also does not feel the ordinance should be changed. Chair Rahn stated that just because something has not been caught for a period of time, doesn't mean it should be allowed, whether on purpose or by accident, and if it is a violation, it should be addressed and enforcement should occur. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2011 -017 There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to recommend to the City Council that it approve Application No. 2011-017, submitted by Carlein Cloutier based on the hardship brought on by others (i.e. the former landowner) and that this variance request is reasonable based on the current situation of the Applicant and the apparent longevity of the sheds allowed by the City to remain in their current locations: i Voting in favor: Commissioners Kuykendall, Morey, Morgan, and Parks And the following votes against the same: Chair Rahn, Commissioner Schonning. The motion passed. The Council will consider the application at its September 12, 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. 2011-015 SEARS, ROEBUCK AND CO. Chair Rahn introduced Application No. 2011 -015, which had been tabled at the July 14, 2011 Planning Commission meeting. The request from Sears Roebuck and Company is for a minor amendment to the 1999 Brookdale Mall Planned Unit Development (PUD). Sears is requesting the City consider and approve the similar development standards granted to Gatlin Development Company under the 2011 Shingle Creek Crossing Planned Unit Development (SCC -PUD) applications. Mr. Benetti provided a PowerPoint presentation to give an overview of the revisions to the zoning standards originally requested by Sears including the following conditions of approval: • 8 -25 -11 Page 5 • 1. The utilization of the subject property shall receive the benefits of and conform to the approved 1999 Planned Unit Development plan, with the exception of the additional variations from the 1999 PUD Agreement noted in the 2011 Sears Declaration of Covenants and Restrictions Agreement contained herein. A. Required parking for a retail use is reduced from 5.5 spaces per 1000 square feet of gross floor area to 4.5 spaces per 1000 square feet of gross leasable retail area. B. Required parking for a restaurant use is reduced from one space per two seats and one space for each employee on a major shift to 10 parking stalls per 1,000 sq. ft. of restaurant area. C. The space between rows of 90 degree parking stalls is reduced from 63 feet to 60 feet; and the space between rows of 60 degree parking is reduced from 57 feet to 52.5 feet. D. The zero foot (0') lot line setback at the northeast corner of the Sears store building (measured as 163.6 feet) and which exists today shall remain, and the zero -lot line for the 140± feet of the existing screening wall for the loading dock area shall also remain. Applicant shall have the right to rebuild, extend or install a similar screening wall with zero -lot line setbacks along the property line in certain areas. • 2. The use and development f ' pm o Sears property shall conform to those parts of the development plans described and illustrated under the 1999 Brookdale Mall Redevelopment Plans (full sized originals of said Development Plans are on file with the Business and Development Department of the City), and include the following: A. Site Survey (1999 Brookdale Mall Redevelopment Plan Sheet A.1) as Attachment Two; B. General Site Plan (1999 Brookdale Mall Redevelopment Plan Sheet 'a].1) as Attachment Three; C. Landscape Plan (1999 Brookdale Mall Redevelopment Plan Sheet LI.1) as Attachment Four; D. Site Lighting Plan (1999 Brookdale Mall Redevelopment Plan Sheet Li. 1) as Attachment Five; E. Major Access Routes map as Attachment Six; 3. The Applicant shall execute and enter into a Declaration of Covenants and Restrictions Agreement as prepared by the City Attorney. • ACTION TO RECOMMEND REMOVING PLANNING COMMISSION APPLICATION NO. 2011 -015 FROM THE TABLE 8 -25 -11 Page 6 There was a motion by Commissioner Kuykendall, seconded by Commissioner Morey, to remove Planning Commission Application No. 2011 -015 from the table. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2011 -11 There was a motion by Commissioner Kuykendall, seconded by Commissioner Morey, to approve Planning Commission Resolution No. 2011 -01 L Voting in favor: Chair Rahn, Commissioners Kuykendall, Morey, Morgan, Parks, and Schonning. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its September 12, 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. 2011-016 — LOREN VAN DER SLIK (GATLIN DEVELOPMENT) Chair Rahn introduced Application No. 2011 -016, which was tabled at the July 14, 2011 meeting. The request from Loren Van Der Slik for Gatlin Development Company, Inc., is for PUD Amendment approval to the 2011 Shingle Creek Crossing Planned Unit Development. Mr. Benetti explained that Gatlin Development Co is requesting PUD amendment to the • previously approved plans consisting of the following components: 1. The physical separation of the existing retail mall /food court building from the existing Sears retail store building; 2. The renovation/conversion of the Food Court mall building (common area) into retail space, which expands the net leasable retail area from 123,242 sq. ft. to 150,591 sq. ft.; 3. The elimination of proposed Building from the 2011 Shingle Creek Crossing PUD plan; 4. The expansion of the central parking area on Lot 2, Block I (Building N lot) which adds 103 parking stalls to serve the additional retail of the Food Court building; 5. The addition of a 6,000 sq. ft. commercial pad site with 30 Xarking stalls labeled as Building R, located at the southeast corner of Xerxes Avenue /56 Avenue entrance, along with a new 0.71 acre lot. Ms. Kathy Anderson, Architectural Consortium, stated that she has concerns regarding the look and design of the proposed Sears wall. Mr. Eitel responded that Sears will be required to have the look and feel of the rest of the Shingle Creek Crossing development with brick and stucco to compliment the Gatlin properties. 8 -25 -11 Page 7 Mr. Will Matzek, Kimley Horn & Associates, responded to a previous concern of two way traffic in the area between Sears and the old food court building and stated that they made it a two way traffic area and added requested landscaping also. Sears Attorney stated that they would like to see the roadway between Sears and the old food • court building dedicated as a two way street. Mr. Eitel stated that the Commission could add such a statement to the resolution for approval. ACTION TO RECOMMEND REMOVING PLANNING COMMISSION APPLICATION NO. 2011 -016 FROM THE TABLE There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to remove Planning Commission Application No. 2011 -016 from the table. ACTION TO RECOMMEND APPROVALOF PLANNING COMMISSION RESOUTION NO. 2011 -012. There was a motion by Commissioner Kuykendall, seconded by Commissioner Morey, to approve Planning Commission Resolution No. 2011- 012, along with additional language indicating the Commission supports the Applicant's request to have the drive- aisle or roadway between the buildings to have two -way movement of vehicles. Voting in favor: Chair Rahn, Commissioners Kuykendall, Morey, Morgan, Parks, and Schonning. • And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its September 12, 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. OTHER BUSINESS: PLANNING COMMISSION ATTENDANCE Mr. Eitel stated that there have been several meetings in the last two years without a quorum. He added that there is a standard for attendance requirements by commission members and if there are three unexcused absences by a commission member during the calendar year that there is an action to be taken. Mr. Eitel further explained that staff would like to affirm that commission members are dedicated and committed to performing their required tasks including attendance at scheduled meetings. Chair Rahn explained that he feels it is unfair to the public when we are unable to hold a scheduled meeting. He added that it has been policy in the past that a commission member notifies staff when they are unable to attend so it is known ahead of time whether or not there will be a quorum in attendance. • 8 -25 -11 - Page 8 Commissioner Parks stated that it would be nice to get an email or phone call each time as a • reminder of a scheduled meeting. Commissioner Kuykendall stated that commission members are all professionals and adults and they should be able to use the calendar they are given to know about scheduled meetings and should not need weekly reminders from staff. She added that it is embarrassing when they do not have a quorum and members in the audience are often angry and hostile. It was the consensus of the commission that they will take a closer look at attendance policies and enforce any necessary actions to allow a full quorum at future meetings. ADJOURNMENT There was a motion by Commissioner Morey, seconded by Commissioner Kuykendall , to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:15 p.m. Chair Recorded and transcribed by: Rebecca Crass • Recording Secretary 8 -25 -11 Page 9 Cloutier New Variance request 5731 Camden Avenue N . oil ..................... .............. ...... Planning Application No. 2011-017 City Council Meeting September 12, 2011 r c r r C s ec Sub t � t site - 5731 Camden Ave . _. 77 , 58TH A ti gyp. ..*41 k 4 ' Lot: 75' x 159' $� � • Area. 11,925 s f. �w Built: 1976 Dwelling FP. 975 sf. n - Garage FP: 528 sf. .: d 12'x 20' .- shed z 410 lit ti t •Tk r , . - ,�� »,, �A rg2iC;:C�G�G15273 �' .'. ��4 Request ❑ Variance from Zoning Code Section 35-530 to allow the continuation of two accessory structures in the rear yard of a single-family residential property ❑ Subpara. 5 of said section states: "No more than two accessory buildings shall be permitted on any one residential premises." ❑ Zoning Code defines accessory buildings to be garages, either attached or detached, and any tool shed, garden shed and similar ❑ Total area of accessory structures shall not exceed the footprint of principal structure/dwelling. ❑ Footprint of the dwelling is 975 sf.; existing attached garage is 528 sf.; leaves 447 sf. for additional accessory space. ❑ The two structures on the subject property measure 10' x 14' (140 sf.) and 12' x 20' (240 sf.) respectively. 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'Ke, ..� It " , I Highlighted properties support the variance. mm Standards for granting variances ME WMErtm-MM MN Statutes 2010, Section 462-2S7, Subdivision 6 Appeals and Adjustments • Variances shall only be permitted i. when they are in harmony with the general purposes and intent of the ordinance; ii. when the variances are consistent with the comprehensive plan. • Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means: a) that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; b) the plight of the landowner is due to circumstances unique to the property not created by the landowner; and c) the variance, if granted, will not alter the essential character of the locality. • Economic considerations alone do not constitute practical difficulties. s=ue xa a. .• z to -c r ...°x.c er ,xs,., u : � Summar y F± Staff Staff ' Recommendation (original ) "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan." The allowance of additional sheds (even by means of a variance) is in direct conflict with the general purpose and intent of the ordinance and could disrupt the overall harmony of the neighborhood. Approval of this variance potentially sets or establishes a wrong precedent. Recommendation of denial based on the grounds that the new standards for granting variances particularly the standards for reasonableness and uniqueness to this and all other properties throughout Brooklyn Center have not been met; and the variance is not in harmony with the general purposes and intent of the ordinance. Planning Commission Recommendation • (August 25 , 2011 meeting) Planning Commission recommended approval of the variance, with counter-findings (to staff's recommendations): i. Allow the Variance based on the hardship brought on by others (i.e. the former landowner); ii. The Variance request is reasonable based on the current situation of the Applicant; and iii. The Variance should be approved due to the apparent longevity of the sheds allowed by Y the City to remain in their current locations. Said recommendation was approved by 4-2 vote. Staff Recommendation ❖ Direct city staff to prepare a resolution of approval based on the favorable recommendation and findings from the Planning Commission ; or ❖ Direct city staff to prepare a resolution of denial based on planning staff's original recommendation and certain findings as determined by staff and/or the Council . • City Council Agenda Item No. 9c COUNCIL ITEM MEMORANDUM DATE: September 6, 2011 TO: Curt Boganey, City Manager FROM: Tim Benetti,Planning and Zoning Specialis --CY3 THROUGH: Gary Eitel,Director of Business and Development . SUBJECT: Planning Commission Application No. 2011-015 (Sears Roebuck and Company) Recommendation: It is recommended that the City Council, following consideration of this matter,approve the Resolution Regarding the Disposition of Planning Commission Application No. 2011-015 Submitted by Sears Roebuck and Company for Planned Unit Development Amendment approval. Background: On July 14, 2011the Planning Commission conducted a public hearing on Planning Commission Application No. 2011-015 submitted by Sears Roebuck and Company for Planned Unit Development Amendment approval of the property located at 1297 Brookdale Center. At that time,the Commission tabled the application. The Planning Commission removed the application from the table on August 25, 2011 and adopted Planning Commission Resolution No. 2011-1 1, a . resolution recommending approval of the Planned Unit Development Amendment, subject to certain findings and conditions. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2011-015, an area map showing the location of the property under consideration,the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents included in this review. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans. Mission.Ensuring an attractive,clean,safe community that enhances the qualitt of life and preset res the public trust Application Filed on 06/02/2011 60-Day Review expires 08/02/2011 • (Extension granted by Applicant's attorney) Planning Commission Information Sheet (Follow-Up Report) Application No. 2011-015 Applicant: Sears, Roebuck and Co. Location: 1297 Brookdale Center Request: Minor Amendment to the 1999 Brookdale Mall Planned Unit Development(PUD) (Tabled from the July 14, 2011 regular meeting) Meeting Date: August 25, 2011 Introduction Sears has submitted under Planning Application No. 2011-015 a request to amend the original 1999 Brookdale Mall Planned Unit Development (PUD). This item was. introduced and presented at the July 14, 2011 regular meeting, which was tabled to allow city staff additional time to prepare a revised resolution of approval. A public hearing was conducted and closed at the July 14, 2011 meeting. If requested by the general public or Applicant, the Commission may (at your discretion)take or consider additional comments without the need of a new hearing. Shortly after that meeting, city staff met separately with Sears' attorney and later with City Attorney Charlie LeFevere, which resulted in a number of revisions to the zoning standards and variations originally requested by Sears. The updated resolution of approval is attached for final consideration. Background As noted previously, the 1999 Brookdale Mall Redevelopment plan established a PUD/C-2 zoning for most of the Brookdale properties (including Sears'), which included the following development standards for the redevelopment of the Brookdale Planned Unit Development: a) Allow a 5 ft. rather than 15 ft. green strip at certain locations with a 3 to 3 '/2 ft. decorative masonry wall. b) Allow 4.5 parking spaces per 1,000 sq. ft. of gross leasable area. c) Allow 60 ft. wide parking dimensions for standard 90 degrees parking and aisle width. d) Allow two freestanding signs up to 320 sq. ft. in area along Hwy 100. e) Allow an increase of 15 percent to 20 percent restaurant use without requiring additional parking; and, App.2011-015 08/25/2011 Page 1 • On May 23, 2011 the City Council approved the Shingle Creek Crossing PUD (with the exception of the Sears lot), which carried over some of the 1999 PUD standards and provided for the following additional variations and standards: A. Allow 5 ft. rather than 15 ft. green strips at certain locations where an appropriate 3 to 3 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. F. _Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdale based on the uniqueness of Brookdale, the mix • of uses and dynamics of multiple stops per person at the Center. At the July 14th meeting, Planning Staff presented a planning report indicating Sears' request to have the same or similar adjustments approved to Gatlin Development Company under their approved Shingle Creek Crossing Planned Unit Development,which were noted as follows: A. Allow 5 ft. rather than 15 ft. green strips at certain locations where an appropriate 3 to 3- '/Z ft. high decorative masonry wall shall be installed to offset negative effects along Xerxes Avenue. B. Allow a reduction in the 15 ft. parking setback and 35 ft. building setback along Bass Lake Road to offset the dedication of additional right of way for the trail improvements. C. Allow 4.5 parking spaces per 1,000 sq. ft. of gross leasable area and 10 parking spaces per 1,000 sq. ft. of restaurant area. 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. 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 additional -Town Center identification sign on Xerxes Avenue. F. Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdale based on the uniqueness of Brookdale the mix of uses and dynamics of multiple stops per person at the Center. App.2011-015 0812512011 Page 2 G. Allow a zero foot (0') lot line setback at the northeast corner of the Sears building and adjacent to the patio/plaza space. • As a result of the July 14'h meeting and consultation with the applicant's attorney and City Attorney, staff re-formulated these standards and variations,which are presented as follows: A. Allow parking for retail uses to be reduced from 5.5 spaces per 1000 square feet of gross floor area; B. Allow 10 parking spaces per 1,000 sq. ft. of gross leasable area of the restaurant use; C. Allow a reduction from 63-feet to 60-feet for 90-degree parking and reduction from 57 to a 52.5 foot wide for 60-degree parking; and D. Allow a zero foot (0) lot line setback at the existing northeast corner to the Sears building (measured as 163.6 feet), and allow the zero lot line for the 140+ feet of screening wall to remain, along with an allowance of additional screening wall to be placed along the property line in certain areas. Some noticeable changes from the July 14th meeting and presentation include the following: • Due to the fact the 1999 Brookdale Mall PUD remains in effect on the Sears property, we have prepared a separate Declarations of Covenants and Restrictions (DCR) agreement which provides language and attached exhibits of certain plans sheets from this 1999 • PUD. These same exhibits are attached and made part of this report. The City wants to hold Sears to these basic PUD plans until such time that Sears elects to expand its own facilities, or redevelops the site under a new PUD or redevelopment plan. Staff will stipulate it is not our intent to force Sears into 100% compliance of these plans; moreover, they are being made part of the conditions of approval and the DCR to hold them to those basic layout and improvement standards for the time being, since no plans were submitted as part of this PUD Amendment request. • In lieu of staff's original recommendation to dedicate 15-feet of right-of-way along Xerxes Avenue, staff instead requests a 15 foot wide trail easement. The additional request to dedicate a 17-foot easement area along Hwy. 100 (to the south)remains. Staff also included a provision that any future trail easement transfer or closing to complete said easement shall be borne by Sears. • After determination was made by staff that a l5'-foot right-of-way dedication along Xerxes Avenue was no longer needed, the request of reducing setbacks (as was afforded to Gatlin Development along Bass Lake Road) was no longer warranted. The right-of- way line would remain as the starting point in measuring setbacks; therefore, there is no need to have reduced setbacks along this roadway. Any new parking area would be held to the required 15-foot setback standards,which would allow parking to abut the outer • App.2011-015 08/25/2011 Page 3 easement line along Xerxes. Reduced building setbacks are also no longer necessary due • to this easement dedication. • The signs noted herein are being installed as part of the Shingle Creek Crossing development plans. City staff believes the SCC Plans included Sears as part of this overall sign program and will provide Sears with "second standing" on all six signs. If Sears chooses not to be part of the SCC-PUD sign program and forfeits all rights to placement of signs on these structures, the City would consider a separate sign program/plan, consistent with the City's Sign Ordinance. Under the C-2 zone, Sears is permitted two freestanding signs up to 250 sq. ft. in area and up to 32 ft. in height. • Staff is acknowledging the existing zero-lot line setback to the 163.6-feet of the northeasterly portion of the Sears building to remain. Staff is also allowing the continuation of a zero-lot line situation with the 10-foot high screen wall along the east side of the Sears store, and further allows Sears to expand or install additional screen wall along this easterly property line only at certain locations. In the event Sears wished to expand their own store or have a future re-development plan considered on this property, Sears' representative expressed a desire to have the zero-lot line extended to the remaining easterly portion of the Sears building along this easterly property line. Staff believes the 10-foot setback provided under the C-2 Zone is adequate for buildings. Should Sears wish to expand or provide this zero-lot line to the other portion of their buildings, they should demonstrate a real need and how the site works by • means of a separate PUD Plan Amendment and/or site plan application. At this time, no plans have been submitted by Sears or any future development, and we feel the screening wall (which is a structure), is appropriate in allowing a zero-lot line standard. • To ensure that the existing Sears site and Shingle Creek Crossing development maintain consistency and symmetry in architectural designs, staff has included in the DCR a standard that Sears' property is subject to these same architectural guidelines approved ; under the SCC-PUD. It is not our intent to make Sears adhere to these standards immediately or "re-skin" their store building to match those in the'SCC site; moreover, it provides a provision and understanding that any major improvements or additions to the subject site will conform (as much as possible)to the SCC-PUD architectural standards. • City planning staff removed from the attached resolution those conditions or comments listed under the City Engineer's Review Memorandum dated July 6, 2011. These conditions are more relevant or appropriate when Sears or others decide to redevelop the Sears site, or should Sears (or others) propose a new PUD Amendment on the subject site. App.2011-015 08/25/2011 Page 4 RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2011-11, which comprehends the approval of Planning Application No. 2011-015, an amendment to the 1999 Brookdale Regional Shopping, Center Planned Unit Development (PUD), subject to the following conditions: 1. The utilization of the subject property shall conform to the approved 1999 Planned Unit Development plan, with the exception of the additional variations from the 1999 PUD Agreement noted in the 2011 Sears Declaration of Covenants and Restrictions Agreement contained herein. A. Allow parking for retail uses to be reduced from 5.5 spaces per 1000 square feet of gross floor area; B. Allow 10 parking spaces per 1,000 sq. ft. of gross leasable area of the restaurant use; C. Allow a reduction from 63-feet to 60-feet for 90-degree parking and reduction from 57 to a 52.5 foot wide for 60-degree parking; and D. Allow a zero foot (0') lot line setback at the existing northeast corner to the Sears building (measured as 163.6 feet), and allow the zero lot line for the 140+ feet of screening wall to remain, along with an allowance of additional screening wall to be placed along the property line in certain areas. 2. The use and development of Sears' property shall conform to those parts of the • development plans described and illustrated under the 1999 Brookdale Mall Redevelopment Plans(full sized originals of said Development Plans are on file with the Business and Development Department of the City), and include the following: A. Site Survey (1999 Brookdale Mall Redevelopment Plan Sheet a0.1) as Attachment Two; B. General Site Plan (1999 Brookdale Mall Redevelopment Plan Sheet a1.1) as Attachment Three; C. Landscape Plan (1999 Brookdale Mall Redevelopment Plan Sheet L1.1) as Attachment Four; D. Site Lighting Plan (1999 Brookdale Mall Redevelopment Plan Sheet LL 1) as Attachment Five; E. Major Access Routes map as Attachment Six; F. Major Access Routes map for Regional Trails, Future Regional Trails and Pedestrian Connectors as Attachment Seven; and G. Architectural design guidelines as Attachment Eight. • App.2011-015 08/25/2011 Page 5 3. The Applicant shall dedicate to the City a 15-foot easement for trail purposes • along the westerly boundary adjacent to Xerxes Avenue and a 17-foot wide trail easement along the southerly boundary adjacent to TH 100. Applicant shall provide all legal documents to complete the transfer of these easements, including but not limited to trail easement exhibits, legal descriptions, updated title, and closing costs. 4. All other allowances or variations granted under the 1999 PUD Agreement shall remain in effect. 5. The Applicant shall execute and enter into a PUD Amendment agreement as prepared by the City Attorney. • • App.201 1-015 08/25/2011 Page 6 fi/-� 999 ,�� SIAM ., ^► 111A\KK�� NN Ila! Tget- IN! 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EX10.»., (il...,."1..1111:..-.�.r I I I , Attachment Six a a9 I , \ I I 4 \ \ \ III L �..:�'• F f" 1111 co \�;\•., `, i �r Iii j \` \`•`` `,�\ � ICI °i I 3 r \\ I m ,�\\ \ •�� ti o x m o m 1 \\ I J 1171 nNf . o M& moo SHINGLE CREEK CROSSING MAJORACCESS m•' "I`u""o'MATAX Elm 11 I'm""tes Inc m o BROOKLYN CENTER,MN ROUTES-PUD HENNEPIN MINNESOTA "'e 0—ing KATK Ev\—N DE`.YEDPMENT\13-0—CE—\CADD\EX1IBITS\PUD Rood E—U-g DI 11 21.2011 5 32, br Attachment II • ` `�<..,�.a.-,..s..,, li 3 N oil, 1A is X r-1 m m cl 2 G) III m o m I U11 z I " > c XV 7 D z I m > INq • \-"j l LE CREEK CROSSING —MLU:.D.:MATZEK SHIN MAJOR ACCESS =,kic. BROOKLYN CENTER,IVIN ROUTES—PUD HENNEPIN MINNESOTA FIE-15 Attachment Eight Shingle Creek Crossing-PUD (Submitted 5111/11) • (Modified 5/23/11) Architectural Design Guidelines Architectural Consortium LLC The overall design concept is to create a cohesive master planned development combining potential uses that may include anchor tenants, small shop retail, restaurants, enclosed mall tenants, as well as open-air tenants. The architecture shall maintain a uniform character and reflect a style that provides for a harmonious retail development within the project. The aesthetics for key design elements shall be an abstraction of Shingle Creek, and be found in the pallet of materials such as masonry, stone, and metal accents that complement the established streetscape on Bass Lake Road/County Road 10. BUILDING ORIENTATION - Site planning concept of multiple buildings with a focus inward as well as exposure toward Highway100, Bass Lake Road, and Xerxes Avenue as generally depicted on the 05/11/2011 site plan submittal. - The orientation of buildings should take advantage of available view sheds of future development sites where possible. - Building entrances shall have a direct relationship to convenient parking fields. - Buildings along Bass Lake Road shall be located close to the road to create a pedestrian/ urban environment with signage on the street and principal entrances and signage facing internal communal parking and entry drives. • - Anchor tenants along Highway 100 shall take advantage of the highway visibility by backing up to the property lines with loading docks and servicing and may incorporate architectural elements that reflect some components of the front facades such as signage features and raised parapets. - Buildings along the day lighted Shingle Creek, as available to restaurants, shall maximize opportunities for outdoor patios, pedestrian relationships and other recreational interactions. - Buildings containing restaurants adjacent to water features shall maximize opportunities for outdoor patios and internal views of the water. - Buildings along the major entry corridor shall locate in close proximity to the street to form a"main street,"pedestrian friendly, environment. - Tenants in the enclosed mall shall take advantage of internal shopping traffic as well as external. BUILDING DESIGN Building Mass - Varying scale of buildings shall be encouraged. - Varying rooflines to create interest in design styles shall be encouraged. - Maximum building coverage of the overall site shall not exceed 40%. - Large expanses of blank and featureless wall facing public street frontage shall incorporate architectural elements to mitigate the expanse. • Facade Design g - Colorful canopies, roofs, and accents are encouraged, however controlled to a palette of selected colors pursuant to the color and material board submitted and approved by the city. - Architectural character shall be consistently contemporary (non-traditional) with all buildings within master plan. - Masonry detailing such as soldier coursing, plane changes, or patterning shall be encouraged. The use of cornices, ornamental lights, graphics, Tenant blade signs, and other architectural details shall be encouraged. - Buildings that front Bass Lake Road, Xerxes Avenue, or main entry drives must have four-sided architecture. The architecture shall reflect a two-story appearance with the use of upper windows, roof forms, and undulated skylines. Storefront glass shall dominate each facade. Where true, clear storefront glass is not feasible due to tenant functions,the use of spandrel glass is acceptable. - Multi-tenant buildings shall break up the rhythm of the facade for individuality of shops to reinforce a"main street"theme of architecture. - Elevations facing Highway 100 may incorporate signage features where visible from the highway or not screened from landscaping. Building Materials - Materials shall be selected for suitability to the type of buildings and the design in which they are used. Building walls are to be finished in aesthetically acceptable . tones and colors to be compatible with tones and colors of the approved palette. - Materials shall be of a durable quality. All wood treatment shall be painted and weather proofed. - Colors and specifications of masonry and stucco colors should be a consistent range throughout the development - Rear of buildings shall be in a color to match predominant front masonry colors. - Existing buildings may be renovated to match new construction with the use of paint colors or other applied surface treatments. - Buildings A thru M shall have at least all four sides with at least 50% Class I and remaining 50% Class Il materials. Building N shall have its northerly and easterly faces with at least 50% of Class I and remaining 50% Class II; with rear and sides of 25%Class I and 75%Class II materials. Buildings P& Q shall have their front facades with 50% of Class I and 50% of Class II, with all other faces with at least 25%of Class I and 75%Class II materials. Class I materials shall include brick or acceptable brick-type material; marble, granite, other natural stone or acceptable natural looking stone;textured cement stucco; copper; porcelain; glass; architectural textured concrete pre-cast panels; and other materials including masonry units with enhanced detailing such as patterns, textures, color, dimension, banding, and brick inlay as approved by the City Planning Commission and City Council. • • Class II materials shall include 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 1/4 inch; canvas or vinyl awnings; prefinished metal; and other materials not listed elsewhere as approved by the City Planning Commission and City Council. Doors and Windows - Canopies shall be encouraged at entry ways. - Window frame, material, and color to complement architectural style and be consistent in color throughout development. Window openings may be modulated to scale and proportion that is compatible with the architectural style. Maximize storefront and graphic opportunities to avoid long expanses of blank and featureless walls at street fronts. - A minimum of 8' clear space shall be provided from sidewalk elevation to the lowest point of a canopy and or suspended sign. - Window frames shall be constructed of prefinished metal. - Window and doors shall be glazed in clear glass for retail buildings. Mirrored windows shall be discouraged. - Where appropriate, the use of spandrel glass may be incorporated to mimic storefront glass. - Graphic elements may be incorporated into wall areas to mimic storefronts. SCREENING - Loading areas shall be screened from public view with walls similar to adjacent building material, fences, landscaping, or physical distance separation. - Service and utility doors to be painted to match, or be compatible with, surrounding colors. - Drive - thru or service lanes shall be screened with berming, landscaping or fencing. Rooftop units may be screened by parapets or wall/fencing materials, or paint to match surrounding colors when visible from the public right of way. FRANCHISE DESIGN The requirements of regional and national franchises shall be allowed to maintain their corporate identity and design theme but shall be encouraged to utilize similar materials, scale and style of these architectural standards. • LANDSCAPE AND SITE TREATMENT Landscape design Plant material is to be utilized within the master plan as an aid to provide continuity within the site and provide a recognized definition of its boundaries. - Thematic boulders and water elements shall be incorporated to reinforce the branding of Shingle Creek as a site amenity Reference the 2010 Bass Lake Road landscaping as inspiration to both plant varieties and theme. - Overstory trees shall be utilized along external and internal roadways to reinforce roadway pattern but,placed so as to not block visibility of commercial signage. - Unity of design shall be achieved by repetition of certain plant varieties, planting patterns, and other streetscape materials and by correlation with the approved landscape plan. Entry points into the site are to be specially landscaped and are to be designed with a common theme. - Plant materials are to be utilized as a screening element for parking and building utility areas. - Plant materials are to be utilized within parking lot islands, grouped massing of landscape is encouraged in parking lots versus individual planting to maximize landscape impact and allow functional snow removal. Some islands may be • paved as pedestrian walk areas. - Loading, service, utility and outdoor storage areas that are visible from public roadways shall be predominantly screened with fencing, walls, landscaping or berms. When natural materials are used as principal screening, 75% opacity must be achieved year round through the use of evergreen trees. - Plant materials shall be selected with regard to its interesting structure, texture, color, seasonal interest, climate zone durability and its ultimate growth characteristics. Where building sites limit planting, the placement of plant materials in planters, pots,or within paved areas is encouraged. - Perennial/shrub planting beds, trees and turf areas shall be irrigated with an automatic irrigation system to provide optimal plant establishment and long-term plant health. Parking - When determined appropriate, commercial buildings are to accommodate bicycle/motorcycle parking areas and bike racks; - Cross parking between building areas shall be permitted. Parking stalls to be a minimum of 9'x 18' and drive aisles to be 24' (60' bay spacing) for two-way traffic and drive aisles to be 20' (56' bay spacing) for one- way traffic. Parking stalls may be oriented at 60,75, and 90 degree angles. Major drive aisles or truck routes may have increased aisle widths. Parking lot layout shall include clear, traffic movement for both pedestrian and automobile_ - A minimum overall parking ratio of 4.5/1000 shall be maintained • Site impervious surface should be minimized to help preserve green space, yet provide the necessary parking amount to support the development regardless of uses. Lighting - Lighting shall provide continuity and consistency throughout the area. All parking lot lights shall be metal halide or 2000-4000 kelvin LED and be uniform in style, color, and height. Maximum pole height of 50' in parking areas and 28' in entry drive areas and along property edges. - Pedestrian lighting shall be of pedestrian scale height (12'-18') and be uniform in style and color. - Light poles, fixtures, and bases shall be a consistent dark color(i.e. bronze, black, or brown). - Exterior wall lighting shall be encouraged to enhance the building design and the adjoining landscape. Lighting styles and building fixtures shall be of a design and scale compatible with the building and adjacent areas. Shoe or hat box style fixtures are acceptable for taller parking lot lighting. More detailed ornamental style fixtures shall be encouraged for pedestrian impact. - Light levels that promote a safe environment are required. Excessive brightness shall be prohibited. - Dark sky and cutoff style fixtures shall be used for safety purposes. Pedestrian Connections • - Pedestrian connectivity shall be incorporated to link all buildings within the site where feasible. - Pedestrian connections shall be made to the existing public sidewalk system. - Benches or seating shall be provided at appropriate areas for pedestrians. - Striping of crosswalks shall be required at appropriate crossings. Outdoor seating areas and outdoor sales areas shall be incorporated where appropriate. Such areas shall utilize a unified theme and approach to the defining elements (structural elements, railings, shading, paving,lighting, landscaping) for the creation of these exterior spaces. Bicycle Connections - Trail connections shall be maintained and connected to the existing overpass system. - Bike parking and resting areas shall be incorporated as an element of the Shingle Creek waterway. The trail shall be designed to allow continuous flow of bicycle traffic as well as areas of refuge. - Pedestrian shopping sidewalks shall connect to the trail at appropriate intersections. t ons. SEARS' SCREENING WALL EXHIBIT - SURVEY / APRaanuATE LocnnaN Lr SULDING WA_5 AT ROOD / (NEEDS FIELD a•FR/F)CA T/ON) / LOT LINE I / ,I ALLOWABLE SCREENING WALL W/ZERO LOT LINE i Z 105±FEET Z� N u J eE lWD 0 E2 2 wS l 9Gc BS 6 x l uv2 w.x ew. .2.110 u as. &&DINO HEIGHT imm�wµ�+ —1/249 NV i . b f�'WM .f(JS) Ilk o I MV-NS J(Y) � di m r EXISTING BRICK BL9L0/NC U 5��p' �,, •u.` y o \ +e SEARS STORE 6 1�r sE ew.J r ufJ ero \ .z AODRf55. 1108 BROOKDALE CENTER r AREA OF ENTIRE BOLDING FOOTPRINT _ .J .2 ♦ a,na =799,572 SO.FT. AREA O°SEARS FOOTPRINT uf.z. 0 1/4,536 SO. FT. �� e• T L) A $nn� L I l A /1/1 LOTLINE SEARS' SCREENING WALL / ♦ P' (existing) /`� •e.aJ ♦,� 140+FEET ♦ u9.e�•♦ b9.. 21 ♦ ua7. � .e`+.z ♦ eso.� v. c fJ2.6 sins �s 1— . /`=}a •-- -•— • —•--- —. I 7 n ^�srr. ♦.—.— `��. c _ SEE SHEET 17 ATTACHMENT NINE • LOGISMap Output Page h did ,� lot LOT LINE ' ALLOWABLE WALL, 105±FEET 1-0$ J `. 1 EXISTING WALL ° s 140+FEET qQ SEARS 1j y � b �e�i y l rM j•i, , •�� � ��lk. 'R A -d I Tr Tim.ter dw';�hcN15 Cmt^9Y.JC�LO00062:A5 #fit SEARS' SCREENING WALL EXHIBIT- AERIAL MAP ATTACHMENT NINE adoption: Member Kuykendall introduced the following resolution and moved its PLANNING COMMISSION RESOLUTION NO. 2011-11 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011-015 SUBMITTED BY SEARS,ROEBUCK AND CO. WHEREAS, the City of Brooklyn Center, Minnesota (City) has received and considered Planning Commission Application No. 2011-015 submitted by Sears, Roebuck and Co. (Sears), which proposes a Planned Unit Development (PUD) Amendment to the existing 1999 Brookdale Regional Shopping Center Mall redevelopment plan; and WHEREAS, Sears is the owner of the property generally located at the northeast corner of Xerxes Avenue North and T.H. 100 in Brooklyn Center; addressed as 1297 Brookdale Center; PID No. 03-118-21-44-0026, and legally described as follows: Registered Land Survey No. 0936,Hennepin County, Minnesota,EX HWY TRACT A(the Subject Property); and WHEREAS, on March 8, 1999, the City adopted Resolution No. 99-37, which • approved Planning Commission Application No. 99001, submitted by Talisman Brookdale, LLC, and which comprehended and approved the rezoning from C-2 (Commerce) to PUD/C-2 (Planned Unit Development/Commerce) of the Brookdale Regional Shopping Center property, which is bounded on the north by County Road 10, on the east and south by T. H. 100 and on the west by Xerxes Avenue North(the Brookdale Property); and WHEREAS, on March 8, 1999, the City also considered and approved a new planned unit development proposal and plan of the Brookdale Properties (1999 PUD Plan), which comprehended new site and building plan approvals for the expansion,redevelopment and rejuvenation of the Brookdale Regional Shopping Center, and which included the following improvements: 1. The reconfiguration of the west end of the mall including an 89,650 sq. ft. second floor to include a 20 screen, 4,252 seat theater; 2. An approximate 13,200 sq. ft. addition to the north entrance to the mall for two restaurant sites; 3.. An approximate 13,000 sq. ft. addition for general retail use and revised mall entry way- along the southerly side of the complex adjacent to Dayton's; • 1 4. A 4,650 sq. ft. freestanding Applebee's restaurant building along Xerxes Avenue North, northerly of the 56th Avenue entrance to the Brookdale Center; and 5. Conceptual approval, subject to further Planning Commission and City Council review and approval, of four additional freestanding restaurant and/or retail buildings to be located around the perimeter of the shopping center; and WHEREAS, the City considered and approved the following variations from the underlying zoning, which were considered reasonable standards to apply to the 1999 PUD Plan 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 (this standard has been allowed in other areas within the city). B. Allow a 35 ft., or non-major thoroughfare setback for certain out building locations based on variances that have been allowed for other commercial buildings along major thoroughfares and seem appropriate in this location as well. C. Allow a 4.5 parking spaces per 1,000 sq. ft. of gross leasable area rather than the 5.5 parking spaces per 1,000 sq. ft. of gross floor area required based on the shared parking analysis provided and on Urban Land Institute Methodology indicating a maximum of 5,133 parking spaces as being needed for the Brookdale Mall given the mix of uses and square footages proposed in order to meet the maximum weekday and weekend hourly demand, which is also in keeping with at least two major regional malls in the area. D. Allow the 60 ft. wide parking dimension standard for 90 degree parking rather than the 63 ft. required separation based on the fact that Brookdale has previously been allowed to have the 60 ft. parking standard and it appears that it would work in this situation. E. Allow two freestanding signs up to 320 sq. ft. in area along T. H. 100 based on the uniqueness of the size, diversity of uses and significance of Brookdale Mall. F. Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdale based on the uniqueness of Brookdale, the mix of uses and dynamics of multiple stops per person at the Center. 2 • WHEREAS, on December 9, 1999 the City approved and entered into a Declaration of Covenants and Restrictions agreement (1999 PUD Agreement) with Talisman Brookdale LLC, which established the new 1999 Brookdale Regional Shopping Center Planned Unit Development and redevelopment plan on the Brookdale Property, and included the Subject Property; and WHEREAS, on June 13, 2011 the City adopted Resolution No. 2011-85, which approved Planning Commission Application No. 2011-009, submitted by Gatlin Development Company, and which approved the 2011 Shingle Creek Crossing Planned Unit Development plan of Brookdale Mall, and which approval comprehended additional adjustments not approved under the 1999 PUD Agreement and included the following variations from the zoning ordinance: A. Allow a 5 ft. rather than 15 ft. green strips at certain locations where an appropriate 3 to 3-V2 ft. high decorative masonry wall shall be installed to offset negative effects along Xerxes Avenue. B. Allow 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. F. Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdale based on the uniqueness of Brookdale, the mix of uses and dynamics of multiple stops per person at the Center. WHEREAS, Sears also requested additional adjustments not approved under the 1999 PUD Agreement, and furthermore requested and desires to have extended to their own separate property the same or similar adjustments approved to Gatlin Development Company under their approved Shingle Creek Crossing Planned Unit Development, and which variations were adjusted or re-worded accordingly by city staff to match Sears' own property;and 3 WHEREAS, the City's Planning Commission held a duly called public hearing on July 14, 2011 whereby a staff report and public testimony regarding the Planned Unit Development • Amendment were received and considered by the Planning Commission;the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan; the public hearing was closed; and the matter was tabled to a later date; and WHEREAS, the City's Planning Commission tabled this matter to the August 25, 2011 regular meeting, where a follow-up staff report was presented regarding this Planned Unit Development Amendment; the variations requested by Sears were revised and presented; and this matter was given further consideration by the Planning Commission. 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. 2011-015 submitted by Sears Roebuck and Co. is approved based upon the following considerations: 1. The Planned Unit Development Amendment is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development Amendment 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 Planned Unit Development Amendment proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 4. The Planned Unit Development Amendment proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. 5. Based upon the above considerations, it is believed that the guidelines for evaluating Planned Unit Development Amendment as contained in Section 35-355 of the City's Zoning Ordinance are met and the proposal is, therefore,in the best interest of the community. 6. The Planned Unit Development Amendment as comprehended by Sears, and the allowance of certain variations to the underlying zoning, will create a unified and harmonious development between the existing and future development site of Sears with the new and future development plans of the adjacent Shingle Creek Crossing development site. 4 • BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011-015 be approved subject to the following conditions and considerations: 1. The utilization of the Subject Property shall receive the benefit of and conform to the approved 1999 Planned Unit Development plan, with the exception of the additional variations from the 1999 PUD Agreement noted in the 2011 Sears Declaration of Covenants and Restrictions Agreement contained herein: A. Required parking for a retail use is reduced from 5.5 spaces per 1000 square feet of gross floor area to 4.5 spaces per 1000 square feet of gross leasable retail area. B. Required parking for a restaurant use is reduced from one space per two seats and one space for each employee on a major shift to 10 parking stalls per 1,000 sq. ft. of restaurant area. C. The space between rows of 90 degree parking stalls is reduced from 63 feet to 60 feet; and the space between rows of 60 degree parking is reduced from 57 feet to 52.5 feet. D. The zero foot (0') lot line setback at the northeast corner of the Sears store building(measured as 163.6 feet) and which exists today shall remain, and the zero-lot line for the 140+ feet of the existing screening wall for the loading • dock area shall also remain. Applicant shall have the right to rebuild, extend' or install a similar screening wall with zero-lot line setbacks along the property line in certain areas. 2. The Applicant shall execute and enter into a Declaration of Covenants and Restrictions Agreement as prepared by the City Attorney. Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Morey and upon vote being taken thereon,the following voted in favor thereof- Chair Rahn, Commissioners Kuykendall,Morey, Morgan Parks, and Schonning and the following voted against the same: None • whereupon said resolution was declared duly passed and adopted. 5 XBrotyOf Business and Development o mal� Cevter Department www.cityofbrooklyncenter.org • 6301 Shingle Creek Parkway,Brooklyn Center,Minnesota 55430-2199 Phone 763.569.3300 TTYNoice 711 Fax 763.569.3494 MEMORANDUM TO: Chair Sean Rahn and Planning Commissioners FROM: Tim Benetti, Planning &Zoning Specialist DATE: August 24, 2011 RE: August 25,2011 Agenda Item No. 6 Sears, Roebuck and Co.—PUD Amendment By now the Commission should have received the August 25,2011 Planning Commission meeting packet, mailed last Friday afternoon. Inside this packet is Agenda Item No. 6 regarding Sears' request for PUD Amendment to the 1999 Brookdale Mall Redevelopment plan,which was tabled from the July 14,2011 meeting. Attached to this memorandum is an updated Planning Commission Information Sheet with related • attachments, along with an updated resolution. Please discard the original Sears' PUD report in the Aug. 25th packet and replace it with this new version, labeled"UPDATED"on the front,top left corner. The changes to this report were due to on-going discussions with Sears' representatives and city staff on various conditions noted in the report. Upon further review and consideration by staff(and in consultation with the City Attorney),we agreed to remove certain conditions from the recommendations. The conditions removed reference the trail easement dedication and architectural guidelines. The City does not have a legal right to require such a dedication since no plat or new survey was reviewed or considered along with this PUD amendment request; therefore Staff agreed to remove said condition. The architectural guidelines were created and approved under the Shingle Creek Crossing PUD, and Sears did not wish to be bound by these same guidelines. Since the City does not have any new building plans to review at this time, Staff removed this condition as well. Staff will be prepared to answer any questions or concerns the Commission may have on this report, and reasons for such revisions at the Thursday night Planning Commission meeting. We hope to see everyone in attendance that night. Thank you. UPDATED Application Filed on 06/02/2011 60-Day Review expires 08/02/2011 • (Extension granted by Applicant's attorney) Planning Commission Information Sheet (Follow-Up Report) Application No. 2011-015 Applicant: Sears, Roebuck and Co. Location: 1297 Brookdale Center Request: Minor Amendment to the 1999 Brookdale Mall Planned Unit Development(PUD) (Tabled from the July 14, 2011 regular meeting) Meeting Date: August 25, 2011 Introduction Sears has submitted under Planning Application No. 2011-015 a request to amend the original 1999 Brookdale Mall Planned Unit Development (PUD). This item was introduced and presented at the July 14, 2011 regular meeting, which was tabled to allow city staff additional time to prepare a revised resolution of approval. A public hearing was conducted and closed at the July 14, 2011 meeting. If requested by the general public or Applicant, the Commission may (at your discretion)take or consider additional • comments without the need of a new hearing. Shortly after that meeting, city staff met separately with Sears' attorney and later with City Attorney Charlie LeFevere, which resulted in a number of revisions to the zoning standards and variations originally requested by Sears. The updated resolution of approval is attached for final consideration. Background The 1999 Brookdale Mall Redevelopment plan established a PUD/C-2 zoning for most of the Brookdale properties (including Sears'), which included the following development standards for the redevelopment of the Brookdale Mall Planned Unit Development: a) Allowed a setback reduction from property lines to parking lot pavement (greenstrip) from 15 ft.to 5 ft.in certain locations (with a 3 to 3 V2 ft. decorative masonry wall). b) Allowed a setback reduction from public right-of-way to buildings from 50 feet to 35 feet in certain locations; c) Allowed a 60 ft. wide parking dimensions for standard 90 degree parking and aisle width. d) The number of parking spaces required was based on gross leasable area rather than gross floor area; e) Allowed a reduction in required parking from 5.5 spaces per 1,000 s£ of gross floor area to 4.5 spaces per 1,000 sf, of gross leasable area; App.2011-015 08/25/2011 Page 1 f) Allowed two freestanding signs up to 320 sq. ft. in area along Hwy 100; and g) Allowed the amount of gross leasable area which may be allowed without requiring a seating count for parking requirements in restaurants to be increased from 15 percent to • 20 percent. On May 23, '2011 the City Council approved the Shingle Creek Crossing PUD (with the exception of the Sears lot), which carried over some of the 1999 PUD standards and provided for the following additional variations and standards: A. Allow 5 ft. rather,than 15 ft. green strips at certain locations where an appropriate 3 to 3 %2 ft. high decorative masonry wall shall be installed to offset negative effects along Xerxes Avenue. B. Allows a reduction in the 15 ft. parking setback and 35 ft. 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 a 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. • F. Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdale based on the uniqueness of Brookdale, the mix of uses and dynamics of multiple stops per person at the Center. At the July 14th meeting, Planning Staff presented a planning report indicating Sears' request to have the same or similar adjustments approved to Gatlin Development Company under their approved Shingle Creek Crossing Planned Unit Development,which were noted as follows: A. Allow 5 ft. rather than 15 ft. green strips at certain locations where an appropriate 3 to 3- V2 ft. high decorative masonry wall shall be installed to offset negative effects along Xerxes Avenue. B. Allow a reduction in the 15 ft. parking setback and 35 ft. building setback along Xerxes Avenue to offset the dedication of additional right of way for the trail improvements. C. Allow 4.5 parking spaces per 1,000 sq. ft. of gross leasable area and 10 parking spaces per 1,000 sq. ft. of restaurant area. D. Allow a 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. 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 additional Town Center identification sign on Xerxes Avenue. • App.2011-015 08/25/2011 Page 2 F. Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdale based on the uniqueness of Brookdale, the mix of uses and dynamics of multiple stops per person at the Center. G. Allow a zero foot (0') lot line setback at the northeast corner of the Sears building and adjacent to the patio/plaza space. As a result of the July 14th meeting and consultation with the applicant's attorney and City Attorney, staff re-formulated these standards and variations,which are presented as follows; A. Allow parking for retail uses to be 4.5 spaces per 1,000 square feet of gross leasable area; B. Allow parking for restaurant uses to be 10 parking spaces per 1,000 sq. ft. of area; C. Allow a reduction from 57-ft. to 52.5-ft. wide dimension for 60-degree parking; and D. Allow a zero foot (0') lot line setback at the existing northeast corner to the Sears building (measured as 163.6 feet), and allow the zero lot line for the 140+ feet of screening wall to remain, along with an allowance of additional screening wall to be placed along the property line in certain areas. Noticeable changes from the July 14th meeting and presentation, along with follow-up meetings and conversations between Sears' attorneys and city staff (including City Attorney LeFevere) resulted in the following modifications to Sears' request: • Staff deemed the 1999 Brookdale Mall PUD remains in effect on the Sears property; therefore, a separate Declarations of Covenants and Restrictions (DCR) agreement which provides language and attached exhibits of certain plans sheets from this 1999 PUD has been prepared. These same exhibits are attached and made a part of this report. The City recommends holding Sears to these basic PUD plans until such time that Sears elects to expand its own facilities, or redevelops the site under a new PUD or redevelopment plan. • The original 1999 PUD allowed 4.5 parking spaces per 1,000;sq. ft. of gross leasable area. This standard was slightly revised under Gatlin's PUD to reflect "...1,000 sq. ft. of gross leasable retail area..." along with the "10 spaces per 1,000 sq. ft. for restaurant uses." Staff is recommending these same standards be granted to Sears under this agreement. • The 1999 PUD allowed a reduction from 63-feet to 60-feet for 90-degree parking. The Gatlin PUD carried over this same reduction standard, along with a reduction from 57-ft. to 52.5 ft. for 60-degree parking. Although the approved Shingle Creek Crossing PUD Plan demonstrated a working 56-foot wide dimension, Sears insisted" on the 52.5-ft dimension granted under Gatlin's PUD. Staff does not object to this and is willing to support such request. • City acknowledges the existing zero-lot line setback to the 163.6-feet of the northeasterly portion of the Sears building to remain. Staff is allowing the continuation of a zero-lot line situation with the 10-foot high screen wall along the east side of the Sears store, and App.2011-015 08/25/2011 Page 3 further allows Sears to expand or install additional screen wall along this easterly property line only at certain locations. • In the event Sears wished to expand their own store or have a future re-development plan considered on this property, Sears' representative expressed a desire to have the zero-lot line extended to the remaining easterly portion of the Sears building along this easterly line. Staff believes property the 10 foot setback ack provided under the C-2 Zone is adequate for buildings. Should Sears wish to expand or provide this zero-lot line to the other portion of their buildings,they should demonstrate a real need and how the site works by means of a separate PUD Plan Amendment and/or site plan application. At this time, no plans have been submitted by Sears or any future development, and we feel the screening wall (which is a structure), is appropriate in allowing a zero-lot line standard. • City planning staff removed from the attached resolution those conditions or comments listed under the City Engineer's Review Memorandum dated July 6, 2011. These conditions are more relevant or appropriate when Sears or others decide to redevelop the Sears site, or should Sears (or others) propose a new PUD Amendment on the subject site. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2011-11, which comprehends the approval of Planning Application No. 2011-015, an amendment to the 1999 Brookdale Regional Shopping Center Planned Unit Development (PUD), subject to the following conditions: • 1. The utilization of the subject property shall receive the benefits of and conform to the approved 1999 Planned Unit Development plan, with the exception of the additional variations from the 1999 PUD Agreement noted in h gr the 2011. Sears Declaration of Covenants and Restrictions Agreement contained herein. A. Required parking for a retail use is reduced from 5.5 spaces per 1000 square feet of gross floor area to 4.5 spaces per 1000 square feet of gross leasable retail area. B. Required parking for a restaurant use is reduced from one space per two seats and one space for each employee on a major shift to 10 parking stalls per 1,000 sq. ft. of restaurant area. C. The space between rows of 90 degree parking stalls is reduced from 63 feet to 60 feet; and the space between rows of 60 degree parking is reduced from 57 feet to 52.5 feet. D. The zero foot (0') lot line setback at the northeast comer of the Sears store building (measured as 163.6 feet) and which exists today shall remain, and the zero-lot line for the 140+ feet of the existing screening wall for the loading dock area shall also remain. Applicant shall have the right to rebuild, extend • App.2011-015 08/25/2011 Page 4 or install a similar screening wall with zero-lot line setbacks along the property line in certain areas. • 2. The use and development of Sears' property shall conform to those arts of the p p p Y p development plans described and illustrated under the 1999 Brookdale Mall Redevelopment Plans (full sized originals of said Development Plans are on file with the Business and Development Department of the City), and include the following: A. Site Survey(1999 Brookdale Mall Redevelopment Plan Sheet a0.1) as Attachment Two; B. General Site Plan (1999 Brookdale Mall Redevelopment Plan Sheet al.l) as Attachment Three; C. Landscape Plan (1999 Brookdale Mall Redevelopment Plan Sheet Ll.1) as Attachment Four; D. Site Lighting Plan (1999 Brookdale Mall Redevelopment Plan Sheet Li.1) as Attachment Five; E. Major Access Routes map as Attachment Six; 3. The Applicant shall execute and enter into a Declaration of Covenants and Restrictions Agreement as prepared by the City Attorney. • • App.2011-015 08/25/2011 Page 5 r 's ►„� Pam -MIA- im ` / /1 1 Attachment Three 91 figs : +j i �}lSi� ,1-!�7 Sit• 44• .. ......ili. - ? I 'ii�t.• i ? �J l i !l — I { I r i ••J 1 t tE f] ;t+E}•x# F27 �+ r r [ t t �ti4rCi:IE�Fi!{lIti] t � tt •+ F�i �[! �Sr- SiSi F� FLFrtSfir�Yx �{! 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Cb nli.owo••e•wAtO4ltm G+�r �'iw.�Y+.lea-I.i. • 71Ke6 K1tYJ1IDYtl Q r.volm,r.a�rtw I,.r ea..w w/a � 1 W MwM.1�1�i fii 34/y�q•IaM�.•r �� / T 1117 e.,r111r�1 F+MIr (."r ma �l b,lil•,V INH 7/.Mr1 •w valve W1G rPAV11s drA. •W#dA KAMW .1-APXIHS LOT 001hYVlacD X[Rxr5 Ave.N. , 51%nON,A RMX%MfFER 1999 Brookdale Mall Redevelopment Plan � .1 AItIhIt11 lit ILL III l cu Q 7 �r. . xga ::.:�i".'. .�:�4' DAYIONB F "� - BURS JC PkN1EY t'y ...i": .. :� .....: -�C.. w Ilronaa �_-_____- e•�� '." _ ... O 331L U[JIip9 rPLO�b, .I.,�., SITE LIGHTING PLAN 1999 Rrookdale Mall , Redevelopment Plan Droning name:I'AM—,pEV\11 1 DEN:IOPNENT\ERppRDAtE CDIIER\CApp\ExH19115\PIID—QOga ExM1bi+l.Ung of A.21 z s,. er urm,.n,,.ea aeomwt bmnv nu me mumle wa exam omviea n.et--m w nm.n°°N.f emu N nbaM war b ue eee�c ovosm aM abl M.bn�xe veemn w.x a eW nnvmv eum�m n a.b wm..x1 nvwl nub wummlm va enomtm H v m xa aembien •b.iuwl al.iee-xvn p aseAlm { Attachment Six • �i%i/ ° ' u \\@" �•�\\ tea ���` Z� I � I I \! \ W \ I f I Iq il l; t ``\ P e�(ji I _ I i� - .. I ! a ` \�@'\•S`\ — � 1 VIII i \ ;I Ift II C \\ Ir t II ! it ♦ ` 1 4441ry , ;n 0 3 m o z m fi m z o e o v o 3 JJ ! I 'ts , 1 y f\ _p SHINGLE CREEK CROSSINGrnwaa o.uaT ❑�� IOMey-Fbm CD m�"' BROOKLYN CENTER,MN MAJORACCESS o mRmq "MA4soaetes,kA ROUTES-PUD HENNEPM MINNESDTA m e. pnif a RENApwS IMIE : SEARS' \ SCREENING WALL �ya EXHIBIT — SURVEY �,:� APARdMLA1FYOCAF1�i'K I �� BUYAtNC�AlYS,tF�ROU`; • (Nfl'OS fA2o l2vR1�/GTKWJ LOT LINE ,I ALLOWABLE SCREENING 9 i WALL w/ZERO LOT LINE i 105±FEET 1 aNw v z $'p a°S92] ° 3 6a92 gaq a ' 0 0. 619. •e493 lag. 833. BUMNG ° e a H£/GHF 9 mv�sas ea92 \ �eeza ♦ 5 s]ers eu] { 5 5 / Gem 4 �I 6 ttti tt r�s rreveas5(�) � a g3 I - xv e(ssl) � .es3e INV=ea6e3(Slr): I � NV j G o EA7rnNC MICK 'SULDWO " 300 � �. esxa Biers \ e dl SEARS SFOR£ 6 Ivl ea9:s ee' Ba43 2 ADDRESS 1108 BRDOlCDAL£CENTER 191 AREA of ENT 6 1RE&wi* fooTPR1NF s " =799,9'3J2 50.FT.' e art-eama 9 eaAa "MCA St'ARS f00TPRI/✓F. ew2.. W3 T ) A ? l asze lerx I ]� �a e+xl es9.3 eu� i �o e49.7 SEARS' ° \_ SCREENING WALL 94•C0. X09. •mi �y (existing) sml3 I 140±FEET % l,9eFr� \1.91. 1347. \851—✓r812, .eae2 °36'3 sins � eu s �— — — — — — — — — — — — — — — — an SEE SHEET 17 ATTACHMENT SEVEN ] LOGISMap Output Page —`7' .?�� LINE ° ►�, � � � z t °:. ALLOWABLE WALL '. 105+FEET io d - EXISTING WALL f A ` 140±FEET SEARS ; k i !. `� ° Y � a 4 II a - x'n SEARS' SCREENING WALL EXHIBIT- AERIAL MAP 0 IATTACHMENT SEVEN • City Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. 2011- RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011-015 SUBMITTED BY SEARS, ROEBUCK AND CO. WHEREAS, the City of Brooklyn Center, Minnesota (City) received and considered Planning Commission Application No. 2011-015 submitted by Sears, Roebuck and Co. (Sears), which proposes a Planned Unit Development (PUD) Amendment to the existing 1999 Brookdale Regional Shopping Center Mall redevelopment plan; and WHEREAS, Sears is the owner of the property generally located at the northeast corner of Xerxes Avenue North and T.H. 100 in Brooklyn Center; addressed as 1297 Brookdale Center;PID No. 03-118-21-44-0026, and legally described as follows: Registered Land Survey No. 0936, Hennepin County, Minnesota, EX HWY TRACT A(the Subject Property);and WHEREAS, on March 8, 1999, the City adopted Resolution No. 99-37, which approved Planning Commission Application No. 99001, submitted by Talisman Brookdale, LLC, and which comprehended and approved the rezoning from C-2 (Commerce) to PUD/C-2 (Planned Unit Development/Commerce) of the Brookdale Regional Shopping Center property, which is bounded on the north by County Road 10, on the east and south by T. H. 100 and.on the west by Xerxes Avenue North(the Brookdale Property); and WHEREAS, on March 8, 1999, the City also considered and approved a new planned unit development proposal and plan of the Brookdale Properties (1999 PUD Plan), which comprehended new site and building plan approvals for the expansion,redevelopment and rejuvenation of the Brookdale Regional Shopping Center, and which included the following improvements: 1. The reconfiguration of the west end of the mall including an 89,650 sq. ft. ; second floor to include a 20 screen, 4,252 seat theater; 2. An approximate 13,200 sq. ft. addition to the north entrance to the mall for two restaurant sites; 3. An approximate 13,000 sq. ft. addition for general retail use and revised mall entry way along the southerly side of the complex adjacent to Dayton's; 4. A 4,650 sq. ft. freestanding Applebee's restaurant building along Xerxes Avenue North, northerly of the 56th Avenue entrance to the Brookdale Center; and RESOLUTION NO. 2011-_ • 5. Conceptual approval, subject to further Planning Commission and City Council review and approval, of four additional freestanding restaurant and/or retail buildings to be located around the perimeter of the shopping center. WHEREAS, the City considered and approved the following variations from the underlying zoning, which were considered reasonable standards to apply to the 1999 PUD Plan 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 (this standard has been allowed in other areas within the city). B. Allow a 35 ft., or non-major thoroughfare setback for certain out building locations based on variances that have been allowed for other commercial buildings along major thoroughfares and seem appropriate in this location as well. C. Allow a 4.5 parking spaces per 1,000 sq. ft. of gross leasable area rather than the 5.5 parking spaces per 1,000 sq. ft. of gross floor area required • based on the shared parking analysis provided and on Urban Land Institute Methodology indicating a maximum of 5,133 parking spaces as being needed for the Brookdale Mall given the mix of uses and square foota g es proposed in order to tneet the maximum weekday and weekend hourly demand, which is also in keeping with at least two major regional malls in the area. D. Allow the 60 ft. wide parking dimension standard for 90 degree parking rather than the 63 ft. required separation based on the fact that Brookdale has previously been allowed to have the 60 ft. parking standard and it appears that it would work in this situation. E. Allow two freestanding signs up to 320 sq. ft. in area along T. H. 100 based on the uniqueness of the size, diversity of uses and significance of Brookdale Mall. F. Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdale based on , the uniqueness of Brookdale, the mix of uses and dynamics of multiple stops per person at the Center. • 2 • RESOLUTION NO. 2011- WHEREAS, on December 9, 1999 the City approved and entered into a Declaration of Covenants and Restrictions agreement (1999 PUD Agreement) with Talisman Brookdale LLC, which established the new 1999 Brookdale Regional Shopping Center Planned Unit Development and redevelopment plan on the Brookdale Property, and included the Subject Property; and WHEREAS, on June 13, 2011 the City adopted Resolution No. 2011-85, which approved Planning Commission Application No. 2011-009, submitted by Gatlin Development Company, and which approved the 2011 Shingle Creek Crossing Planned Unit Development plan for the redevelopment of Brookdale Mall, and which approval comprehended additional adjustments not approved under the 1999 PUD Agreement and included the following variations from the zoning ordinance: A. Allow a 5 ft. rather than 15 ft. green strips at certain locations where an appropriate 3 to 3-1/2 % high decorative masonry wall shall be installed to offset negative effects along Xerxes Avenue. B. Allow 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. F. Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdale based on the uniqueness of Brookdale, the mix of uses and dynamics of multiple stops per person at the Center. i 3 RESOLUTION NO. 2011-_ • WHEREAS, Sears also requested additional adjustments not approved under the 1999 PUD Agreement, and furthermore requested and desires to have extended to their own separate property the same or similar adjustments approved to Gatlin Development Company under their approved Shingle Creek Crossing Planned Unit Development, and which variations were adjusted or re-worded accordingly by city staff to match Sears' own property; and WHEREAS, the City's Planning Commission held a duly called public hearing on July 14,2011 whereby a staff report and public testimony regarding the Planned Unit Development Amendment were received and considered by the Planning Commission;the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan; the public hearing was closed; and the matter was tabled to a later date; and WHEREAS, the City's Planning Commission tabled this matter to the August 25, 2011 regular meeting, where a follow-up staff report was presented regarding this Planned Unit Development Amendment; the variations requested by Sears were revised and presented; and this matter was given further consideration by the Planning Commission. WHEREAS, the Planning Commission recommended approval of Application No. • 2011-015 by adopting Planning Commission Resolution No. 2011-11 on August 25,2011; and WHEREAS, the City Council considered Application No. 2011-015 at its September 12, 2011 regular meeting and in light of all testimony received the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2011-015 submitted by Sears Roebuck and Co. is approved based upon the following considerations: 1. The Planned Unit Development Amendment is;compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development Amendment 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 Planned Unit Development Amendment proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. • 4 RESOLUTION NO. 2011-_ • 4. The Planned Unit Development Amendment proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. 5. Based upon the above considerations, it is believed that the guidelines for evaluating Planned Unit Development Amendment as contained in Section 35-355 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. 6. The Planned Unit Development Amendment as comprehended by Sears, and the allowance of certain variations to the underlying zoning, will create a unified and harmonious development between the existing and future development site of Sears with the new and future development plans of the adjacent Shingle Creek Crossing development site. BE IT FURTHER RESOLVED by the City Council that approval of the proposed planned unit development amendment referenced under Application No. 2011-015 be approved and subject to the following conditions and considerations: • 1. The utilization of the Subject Property shall receive the benefit of and conform to the approved 1999 Planned Unit Development plan, with the exception of the additional variations from the 1999 PUD Agreement noted in the 2011 Sears Declaration of Covenants and Restrictions Agreement contained herein: A. Required parking for a retail use is reduced from 5.5 spaces per 1000 square feet of gross floor area to 4.5 spaces per 1000 square feet of gross leasable retail area. B. Required parking for a restaurant use is reduced from one space per two seats and one space for each employee on a major shift to 10 parking stalls per 1,000 sq. ft. of restaurant area. C. The space between rows of 90 degree parking stalls is reduced from 63 feet to 60 feet; and the space between rows of 60 degree parking is reduced from 57 feet to 52.5 feet. D. The zero foot (0') lot line setback at the northeast corner of the Sears store building(measured as 163.6 feet) and which exists today shall remain, and the zero-lot line for the 140+ feet of the existing screening wall for the loading dock area shall also remain. Applicant shall have the right to rebuild, extend or install a similar screening wall with zero-lot line setbacks along the property line in certain areas. 5 RESOLUTION NO: 2011-_ • 2. The Applicant shall execute and deliver a Declaration of Covenants and Restrictions Agreement in the form submitted to the Council, subject to such changes, not affecting the substance of the Declaration, as are approved by the City Attorney and the City Manager. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember 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 2011 SEARS DECLARATION OF COVENANTS AND RESTRICTIONS This Declaration of Covenants and Restrictions (the "Declaration") is made this day of , 2011, by Sears, Roebuck and Co., a New York corporation (hereinafter,"Declarant"). WHEREAS, Declarant is the owner of the real property described on Attachment One (hereinafter the"Subject Property"); and WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the city of Brooklyn Center, Minnesota ("City") in connection with the rezoning of the Subject Property from the zoning classification C-2 (Commerce) to PUD/C-2 as provided in City Resolution No. 99-37 adopted on March 8, 1999 (the "1999 Resolution"), as amended by • Resolution 2002-144 adopted on October 14, 2002 (the"Current Zoning"); and WHEREAS, in connection with such rezoning, the City required filing of an instrument entitled Declaration of Covenants and Restrictions, dated December 9, 1999 and filed in the office of the Hennepin County Registrar of Titles on January 8, 2003 as Document no. 3659543 (the"1999 Declaration") and WHEREAS, on or about June 28, 2011, the City removed from the 1999 Declaration all property that was the subject of the 1999 Declaration other than the Subject Property; and WHEREAS, Declarant has applied to the City for an amendment to the Current Zoning (the"Application); and WHEREAS, the City approved the Application subject to the condition that Declarant execute and deliver this Declaration by Resolution No. adopted on 2011 • (the"2011 Resolution");and 390449 CLL BR291-317 WHEREAS, the approval of such PUD was based on the determination by the City • Council of the City that such amendment nt was acce p table only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property; and that but for the details of the development proposed and the unique land use characteristics of such proposed use,the PUD amendment would not have been approved;and WHEREAS, as a condition of approval of the Application,- the City has required the execution and filing of this Declaration; and WHEREAS, in order to secure the benefits and advantages of the amendment to the Current Zoning set forth in the 2011 Resolution, Declarant will subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions,hereinafter set forth. • 1. Except as otherwise provided herein, the use and development of the Subject Property shall conform to those parts of the development plans described in this paragraph that depict the Subject Property(the"Development Plans"). The City has approved the Development Plans and full sized originals of the Development Plans are on file with the Business and Development Department of the City (all other areas outside of the Subject Property that are depicted on the Development Plans are not part of the Subject Property and have no rights or interest in and to the Subject Property or this Declaration): A. Site Survey (1999 Brookdale Mall Redevelopment Plan Sheet a0.1) as Attachment Two; 2 390449 CLL BR291-317 • B. General Site Plan (1999 Brookdale Mall Redevelopment Plan Sheet al.1) as Attachment Three; C. Landscape Plan (1999 Brookdale Mall Redevelopment Plan Sheet Ll.l) as Attachment Four; D. Site Lighting Plan (1999 Brookdale Mall Redevelopment Plan Sheet Li.l) as Attachment Five; E. Major Access Routes map (the"Access Route Map") as Attachment Six. The attached Development Plans are made a part hereof and comprise the Development Plans. Except as authorized by the City in accordance with this Declaration,no buildings or structures other than those shown on Attachment Two through Six may be erected or maintained on the Subject Property. • Notwithstanding the foregoing, the parking configuration on the Subject Property as depicted on a Survey of the Subject Property dated April 9, 2011 prepared by Sunde Land Surveying, Inc. (the "Current Survey") attached as Attachment Seven may be retained as long as it is not altered. New or reconfigured parking shall be as shown on Attachment Three and comply with the standards set forth in paragraph 2C of this Declaration and shall include concrete parking delineators approved by the City Engineer, unless another configuration is approved by the City in accordance with City Code and this Declaration. 2. The approval of the amendment to the Current Zoning in the 2011 Resolution authorizes the following variations from the requirements of the City Code applicable to the zoning classification C-2 uses on the Subject Property: 3 390449 CLL BR291-317 A. Required parking for a retail use is reduced from 5.5 spaces per 1000 • square feet of gross floor area to 4.5 spaces per 1000 square feet of gross leasable area. B. Required parking for a restaurant use is reduced from one space per two seats and one space for each employee on a major shift to 10 parking stalls per 1000 square feet of restaurant area. C. The space between rows of 90 degree parking stalls is reduced from 63 feet to 60 feet; and the space between rows of 60 degree parking is reduced from 57 feet to 52.5 feet. D. The zero foot(0') lot line setback at the northeast corner of the Sears store building (measured as 163.6 feet) and which exists today (as depicted on the Current Survey) shall remain, and the zero-lot line for the 140- feet of • the existing screening wall for the loading dock area shall also remain. Declarant shall have the right to rebuild, extend or install a similar screening wall with zero-lot line setbacks to those areas indicated on Attachment Eight. 3. Site plan details of the Development Plans may be amended by site plan approval by the City Council without a PUD amendment if all of the following conditions are met: A. There is no change in the dimensions of the lot, as platted. B. Building square footage on the Subject Property may decrease from the area shown on the Development Plans,but may not increase. C. Development meets the C-2 Commerce District setback standards as amended by the Current Zoning and Paragraph 2 of this Declaration. • 4 390449 CLL BR291-317 D. Parking available meets the standard specified in the Current Zoning and Paragraphs 2.A and 2.B of this Declaration. E. Parking and traffic circulation on the Subject Property is compatible with I parking and circulation plans for adjacent lots within the PUD and there is no change to the Major Access Routes shown on Attachment Five. F. The plan does not reduce the landscape points, determined in accordance with City policy, for the Subject Property, as shown on Attachment Four. 4. Land uses on the Subject Property shall be as regulated in the C-2 Commerce District, Central Commerce Overlay District. 5. The Subject Property may only be developed and used in accordance with Paragraphs 1 through 4 of this Declaration unless the owner of the Subject Property first secures approval by the City Council of further amendment to the Current Zoning or a rezoning to a • zoning classification that ermits such other development and use. p P 6. The obligations and restrictions of this Declaration run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City acting through its City Council and b no other person or entity. ,In the event that al l or any portion of the Subject Property is subdivided and is no longer under common ownership,the City may only enforce this Declaration against the owner or owners of the lots or legal parcels comprising the Subject Property that are in violation of this Declaration. The owner of a lot or other parcel that is subject to this Declaration ceases to be liable for the performance of the covenants and the observance of the restrictions that run with title to that lot or parcel upon the owner's conveyance of fee title to the lot or parcel to a third party (except for liability for a_ failure to perform a covenant or observe a restriction that occurs prior to the effective date of the • 5 390449 CLL BR291-317 conveyance). This Declaration may be amended from time to time by a written amendment • executed by the City and the owner or owners of the lots or parcels within the Subject Property that are subject to the amendment. The City, acting through its City Council may release all or any portion of the Subject Property from any or all of the terms of this Declaration at any time. No persons or entities other, than the City are intended beneficiaries of this Declaration and no such persons or entities shall have any rights to enforce this Declaration. 7. The City, by signature of its Mayor and City Manager on this Declaration, hereby releases the Subject Property from each of the terms of the 1999 Declaration and acknowledges and agrees that the 1999 Declaration is of no further force or effect with respect to all or any part of the Subject Property. IN WITNESS WHEREOF, the undersigned as the duly authorized agent, officer or representative of Declarant have hereunto set his hand as of the day and year first above written. • SEARS,ROEBUCK AND CO. By: Its: (SEAL) STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2011, by , the of Sears, Roebuck and Co., a New York corporation, on behalf of said corporation. Notary Public 6 390449 CLL BR291-317 APPROVED: CITY OF BROOKLYN CENTER By: Tim Willson, Mayor And by: Cornelius L. Boganey, City Manager STATE OF MINNESOTA ) ss, COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2011, by Tim Willson and Cornelius L. Boganey, the Mayor and City Manager for the City of Brooklyn Center, a municipal corporation, on behalf of the corporation. • Notary Public I • 7 390449 CLL BR291-317 ATTACHMENT ONE • SUBJECT PROPERTY Registered Land Survey No. 0936, Hennepin County, Minnesota, EX HWY TRACT A • • 390449 CLL BR291-317 /,f�1 \�'�`A , ►� W S 1. Er - ay. .. fired` � � ��� yry`''=-1i�'p:��''"�i/ • `' - !� fir•, e,,,> •, �•�. �r�I.r,.� ��IS.���^._'S — �rJt� '�1'^-��s�_��i�re_'� .� ��i�ra/ •'�•r� LWM it of fit � _ -- - �;'.er• '- ::..: '��tom! `t SURV 1' 11 1 r 111 s 11 IO e Mall Redevelopment i ' n It ARtNI1If1URAFALtIANDE N BUILDING AREA SUMMARY PARKING DETAIL PARKING DETAIL LOCATION PLAN CITY OF BROOKLYN CENTER N.T.S. PTM �PROYALxNITI0N5. ,ax.v.xxl xxwx � lY1DNt OHOMIietANfA1fA wwP4w r'ol4°I.wx� x �J wpa"^I`i TYPoGI.PAINTED SOAND S. ,Y01b —M'D WAY �4dw4lww WW�axxMM�w1p 4rx ., CU A J ; A E OW a one ms ttP. I }J �meaWI!0"asxreia im %Mmd �•'• .. 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I/��� DTDTI NIDNwA1 �� 1999 Brookdale Mall ° i Redevelopment Plan SITE PLAN LEVEL ONE PLAN all M �'�° t°=100• 4 � 'API�r�'►��'��'Z�r����,�7i��! � , i�`u ,� .lad' ` ►��.,1 . -`+: / •iw�wwww� '�r.��:.'=�_� ��'_Lis�IS.`�43��i�_ i`-�—,�l�:wf ��r�� �''v Ift ii X11 „ AI till l III III ILI III tI . �.. v 9 9 l� win 4 ink CIW _ UM - . •�• �.• c 3 Li a a n� - t- DAYIOMB -;. ..------ kPWaEY ... •..ea.c.mwa, ----------- P• ( - �� as w.aw w+..ti..w ... ” =d" O SITE LIGHTING PLAN 1999 Brookdale Mall , Redevelopment Plan 1 1 Attachment Six D—g name:N:\TWC1 EV\G—N DEVELDRNENT\BRDp(DaI.E CENTER\DADD\—Bl S\VUD-RaaO—0-9 DI M r,Ntl s:Dlpm NY brbn.xurEeman Fas r \ \ \ o t J1 i i 1 ♦ P ,D { �`.\♦ �\`;. �; ICI; ; ;,� Q�-_";d�{ m m A \ ! I! J1 SHINGLE CREEK CROSSING ❑�� Kimia+bm MAJOR ACCESS D+.* �M1UlAM D.MATZEK _ w �' m s o�vm BROOKLYN CENTER,MN ROUTES-PUD HENNEPM WNNESDTA °Y DOTE u. 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D Y Isom — - ---_� j % fi */ / - uyv nnesuRVtrsax BEsM%1? tECKMA CO. ,/ g 1� ......._ / ._. \?EE SHEET 6p --- ___ _._._ __._._. _.__ ___ ._. _ )._._......_._._._._........._- ._._._._... ��u��rwL�•a'-'4Y1�'Y drr°. --/�-- __/ _._._ �_ (SEE SHEET 7 __ TnAVSUrttemva mu® 41 ; \' I l'• � /�y.. \\ �,���v/' I / ii°^ .�.ay j I�>v��� \ e e,,:�'� '/ / ��' o Hass °! .. '- lJI ILI 41 it Eum cu I "'PP U —!—_.._. i I Id•I i ,� ; ��' .\" , �''�., • \ � ��tlEE, °°col.;>;a nri- o sw w a Ild. '� 1,•". I\III 1 I'" I a,} I1 _ \ t { \�\\ ,,.�` '0, 8 n I "°^ t cnsnxe ever: suaxe ac o..e.ee,.en.en,eae. 1 S, me wnr I ) \ pc mmwae.e.u.. I — 1 a o..ein A •a, 1 .. ca :cos ve. r---"'. ����7:° 1 ��I L. �11 I \ .w. ^�,., W0�•• ,\� s"°e J 4. ow ! C� � I Il",` 1� 111 .., ' / II •.. 1 " „� ..., e � ,,����ea� a� 5 1 1.. L 11 I,� ", .., // , •., 1s. \s• „\ / ,�,`fit' \ i s � - -- _ - _�-°=— •. - '.�- - Lllk\a - IY£o-111,111-1 - - -.�. - - - -�- - -�/ - - - - - - w�i°'���- \ -�� -.\kw"�•._ \.l._< < - - !�� .-�\ ^ -/i' SEE SHEET ' SEALS B OOKDALE MALL ,a 9 IS S�UNDE 4 - - 0 0 � e - - - - - - - - - - -- - - - a "I � - - - - - - - - - -- - - - - - - - - - - -- - - - - -- - - - - - - - - - - - - - - -� - - - - - - V-- - - - + N �. ET \ (Vp o olCle mewA wMIns .8cc I.,.a•Ir w. o o�a.°.Iva.•m.,w w Ir,. /// \\ ,' n� 'o "m `'^ • �,,, �� ! Wrmttl e. N a t I .e crm.vM.111 \ .us, eN" �✓"�n M, " �$'. +°'° ,e ! op E� \ .ter...•aa ��,.b ;� n3nn /.. w� '.r. I we omol..tl rinNzn ova.ve. / % I A I and o�, \Y \\•\ \\ / ' 3.' // 'n.. j ".I I' / I - - - - - - - - - - - - - -- - - - - - - - - SEE SHEET 5 Iwn mr al nan zoll. SEARS BROOKDALE MALL Iff SUNDE -� 4 ,-•e9 of 1 �� y_ _._._ _. - - _. I I;\ 1 � ..,.. SEE SHEET 2. J` �� \ T "'^'\ ��•�' I > b«e. ««.,«« 1 _�•1 1111 / r° 5\ «. C a \ cn o 8 M «. v. 1 I \ e 1.7x77 i l)A \ I 1 \ I I �= 1 Lx \ 11 Oi n r a.. U ra e.« N,II •.� x>. I\ \ >A;::.`� hlo 1 IT 6• m a °\ , ;w I w ° =t., i j x . w�,° 1. \ ff" mn �e� � svice oxx>..c.e,.m��e so,.«�.« �• �rl 1 i �° x � .°... W..::,� 'a—x,mx � m m,1 �. .`* /x / .•� .��4`" � � \ IJ SSTHAVE r_ •°y (. . a ..sn,ue 1 4 \ _ \I• 11 11 \ \\/°-tea i «, \ � j .«>..—1--o-.. �rl _-1 ` \ y•�N \ I `�'. .x.\.. / / I .x,. � � x L. 6 I ® 4 �I .. � •/ I ws I � F._._._.�._._._._._ _ _._._._,_._._ _._.-._._._ _ _._._ SEE SHEET fi SEARS BROOKDALE.MALL UNDE g $ �« w LGVD90RY8PA'G x>•I 3 �tr_.,Mw..S.. Y�4 of T _ 3-+ cn n scaaw`srare � � \ .,r�y- � s \ ,. /j \ \`'•". / �!. C Aso r. ` Hcc.,r �A•��' S8$ � \\'\\ \ .w. � / �"" -i n i -r n � \j�� //�� V- 4` Q µ"ms //.+�/ ". Z w. ,\ \ i��. h • , :° ,/ ///y ,/K_/�// ,� F i i >H \ :�j \ � - •w / w, ., / � �/� .w. �� / /�// gym. /'.. I O CB s Denoln mt0oxi^ngbea '/', Or It w i ,v ' /.d # / ILNLV 'D= / ,. •, I r ' off \ �1P� "� LP " "" %w�' .' �ga"�, '�' ' /.i u �P•(�i��faj, I °VWEEL .�.,,, "..�\ / / G ——aoe— \\•,' ,�,/ �v / "/ / /' N .enoies wiw n. n. T :J / / scn� �Er w o \5 n. .e'aF' Oti /' / � ,•, ce ..eecm.u.,n. w ..m.e 1 pId a n eo .— _ _._._ _ _/_._._._ _._.._._._._._ _._.—._.—. —.�._._._._._._ _ _._._._.— ----- ------- — _ —_--------- Sp uce es— — � SEE SHEET 7 SEARS &BROOKDALE MALL """`°"°'"'° ' -5.f 7 SEE SHEET 4 �" v\ � I l / Ln \\ fpm I JAV —J- \ t~ L7 ��'� \ X� '\+ \. \\ / •" W\ \ r-`_:.-tea; u/ /� / i�i� Y X f i D r. i o �:la,°ee. �tit `` \) _ \•\ � �.`\;\ ..��` ���..___ _— / �.��� /i� W �� i N0 Ell a u o Lei..q i^���a• ` \ // \ .a`' /� w.w:j/ \6\ / I I µvi wu/ \ ."°' 0 H(5 P. asbn / IV ppa o a� .<.,e /// \ //.,` // m\•\ / yea .., j % _i. o...h� -------- / .'a ----- ---- ---- PPMR o<..L.��.I,.. --------- I v. a .owes an<,..<. / .. / --•ae\ �'��. /•\ j' ✓\. A ✓ _— N j -_ � // n �• T � �\\ / \\ j.X oelo SEARS o BROOKDALE MALL f f(SUNDE = I— 6of7 _..,. ,/ ----------- —.SEE SHEET.S._._ _. ,C._._ _._._ _ _._._ _ _._...._._._ _._._,_. _/._._.----------- _ _ _._._.} }+ / / `Ea I I \ sxaeas oo. / u` di o can I. « i O ip De.<I«elemuc mmae I / <ie / 1 f to ms1M eewl / / 0 4 I / roV[, Im I P.0 Darold P—g W,,.ewx I // / De«I«Warcyya lwbLeVaoNe I 1 / o s< ry m ! o L nw�.er P. ' e0. 1 1 / b+ / Ne O w De.etx nine«reel 1 1 / :M 1 1 / 1. I ill r/De « i N i... a ; 1 SEARS BROOKDALE MALL '"`' °s � JSSUNDE SEARS' SCREENING WALL J EXHIBIT - SURVEY y/ / B RD/ND WALLS AT ROQ° / (NEEDS F/ELD WRIRG PaV) LOT LINE I / .I ALLOWABLE SCREENING 9f WALL w/ZERO LOT LINE z 105±FEET 2 N BE a5 I �•W , 2 .2 e+93 n 85 9 e[ P .e oy 8.6 $ M n 4N_ <L a193 a+93 x .a+s.z w9. ew. I m 2.9 � NV-ta3 aK —2/.9 I 529 • r. / m T �JSIS'h ` •� y�ifT / a g Bey wv .ems) .aa. a�z9 .z STM M7 I / TG9-f19.1 ��•� � a H f 1 NV.eN.3(Y) \ \ •p a Mg+ T EX/STING BRICK BLYGDING 50� ' e52+ sTM M1 e19.3 G 1 J� 9.2 9J I SEARS STORE 6 1 "k ro \ N $\\ ADDRESS' 1108 BROOKDALE CENTER — .2 ` -e+a9 AREA OF ENT/R£BULD/NG FOOTPRINT .3 w \ uK UZf y+\ a�q♦ =799,572 S0.FT. AREA or SEARS FOOTPRINT =/14,536 50.FT. a ze esze YEfAL N9. 9. b e+e.T 7 xJ .e.eo A //l "' LOT LINE ' 9. SEARS' ° SCREENING WALL 24'C6L V a'A.3. f / (existing) •619.5 �„`�` � { 140±FEET 2PG l\ e zi esa7. "efi3 M1 •6+9.2 f. eq talc y9" esx.a � e / src95 ` esu --- -- -- ------ ----------- -----------•—• —•— •—.— .T.— • IL=a.eo SEE SHEET 17 rj ATTACHMENT EIGHT • yl LOT LINE s 0: ALLOWABLE WALL '4 !'► r` 105+ FEET r, EXISTING WALL �+ 140+ FEET SEARS I �+ �LLddd {'y� tt � .. • , 1 � R - } ' x se Map aafcd wnfih:dMS•Ccpjri¢ti4{G6lOGRS CsK52705 SEARS' SCREENING WALL EXHIBIT- AERIAL MAP ATTACHMENT EIGH Sears , Roebuck and Co. PUD Amendment Planning Commission Application No. 201 City Council Meeting September 12, 201 I =------ 1 - 1 Introduction Request to amend the original 1 999 Brookdale Mall Planned Unit Development (PUD) This item was presented before the Planning Commission under public hearing at the August 25, 2011 meeting Background 1999 Brookdale Mall plan established a PUDIC-2 zone with certain development standards to all the Brookdale properties, including Sears: Allow 5 ft. rather than 15 ft. green-strips at certain locations where an appropriate 3 to 3- /2 ft. high decorative masonry wall shall be installed to offset negative effects. Allow a 35 ft., or non-major thoroughfare setback for certain out buildings Allow a 4.5 parking spaces per 1 ,000 sq. ft. of gross leasable area rather than the 5.5 parking spaces per 1 ,000 sq. ft. of gross floor area. Allow 60 ft. wide parking dimension standard for 90 degree parking rather than the 63 ft. required separation. Allow two freestanding signs up to 320 sq. ft. in area along T. H. 100 based on the uniqueness of the size, diversity of uses and significance of Brookdale Mall. Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdale based on the uniqueness of Brookdale, the mix of uses and dynamics of multiple stops per person at the Center. May 23, 201 I - Shingle Creek Crossing PUD was approved for all former Brookdale properties, except Sears' parcel, with the following variations and standards from the 1999 PUD standards: A. Reduction in the 15 ft. parking setback and 35 ft. building setback along Bass Lake Road B. 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. C. Allow 52.5 ft. wide dimension (stall-aisle-stall) for 60 degree parking. D. Allow two freestanding signs up to 320 sq. ft. in area along T. H. 100 and two (2) Town Center identification signs (one additional). Sears' PUDAmendment (to 1 999 PUD) 6 * 06 Allow parking for restaurant uses to be 10 parking spaces per 1 ,000 sq. ft. of area. Allow a reduction from 57-ft. to 52.5-ft. wide dimension for 60-degree parking. Allow a zero foot (0) lot line setback at the existing northeast corner to the Sears building. Planning & Zoning considerations (as part of the new PUD Amendment. . . . Sears will be held to the original 1999 PUD plans until such time that Sears expands or redevelops the site under a new PUD or redevelopment plan Declaration of Covenants and Restrictions (DCR) agreement with certain plan exhibits from the 1999 PUD will need to be executed 1999 Site Survey 0 E E rNP *4b Trjx2=w,.:yw_ x 4t lilt ED 0- —AWI- t:m-=r -- } SURVEY FOR: TALISMAN BROOKI)ALS, L.L.C. 3ft POLIMUy "W"t Pt�AM~N"&VVILAW"INMEM AN$ SITE SURYET Scalc 19.9.9 Brookciule.11all Redevelopment Plan Attachment Three I' I 4I' gill SE UIT It " I " ;� `• , 1 �- ' ; t q lilj`!�'�}•i; ; -ply;t�)f))I n i i•n; iTA (=T )%1':,u,),•its i+r: ,; i,f i f{f 1 1 3r..1 t 1 t• I.)t' t !!f t ) :l�,,}!..•..�{11ii�flr)�!:);t,r �+.)•!'i+i}i;r )f, '.•� Hji i }�r•�fl! e$ T f lli !• #) 1 ) . f;�l try+ A f !,1 l Trr{, Ti.t f�j,.1T.T,1,�.1� t r rl ,'1t! i��1)! �•�•! l),If b � fj)t;j,f l,.rt f ! t r:=)=••� .f•►U•j�)- �,•t t•tll 1� •I+{�! , �i•i +� + + (t t +_ )rijl+ r rt f (.� 1 •'ht :�: .1l( !t 1 + r< !�i'+ it f�t=i n ('�i1(' :)1).'j)40- t '. # ; �� 1'S t f !i 1 �• 11tr f I ;!11! 11114 1 ;.jf!# j '+fill I1Rj'W°} I fi t a p Yi bo IN jr ell J.A Attachment if tj c: 11 t # 1 ;• )= o T e `d T7" x F3 Pic 1) ild Rd !vi I j f *%0 NO **-0 r P6) =3 PJ ma (D �o PJ :3 1999 Site Lighting Plan �� � --�--- _—_ __ _� ¢�� • + �— w . ittlMllltlll tlUlltl C L l e i 3 t 3 s ...«...... -�-} gam' �• � � �� � - _. _._. mown n .. �:t — r .•_• ^�.... "A .. •- SIT E LIGHTING PLAN a.wga. vrc,nn«sr.r 1999 Brookdale Mall Redevelopment Plan �1�. Major Access Route Plan pillt ♦ � Y•J•F ��M1 ��//r•y r• t. ;! It I , S �, ♦ ti'1, a t�1 � , ill„r'!' �i J (pl j � y * Q' ® �,r' '• 3YY®6L LEGEND c��i� �! {...LL S '�,� � __/♦ awow�.e.,�cvucan:ussrevi°¢a &u� ' 4 v y� Rusie of Ganes:y+e Deeenrae eee IN Staff modified original 5/23/ 11 plan to identify & include routes thru Sears' property SEARS' SCREENING WALL EXHIBIT - SURVEY ACOFNAWAlI(.Y._'.rA34 0:' 1 )j/l 1 J / I LOT LINE ALLOWABLE SCREENING 1 PrJ WALL w/ZERO LOT LINE Y z 'f 105±FEET Jr iNJ=,a 1 fil l it 5rAPS 5.1041 y u• Aexxrrss - & -'t TNTrA 11 AAA Or CxIN ,*A"farMANVI q rz 14, aaa ly srAR s 1 morvayr Allow for zero-lot line setback for existing and i j t ? i J t ; i� '�• I I SEARS' expanded wall Ii SCREENING WALL SJ i (existing) 140+FEET `yy ' \ necessary) ••) _. Merl ,\ I I ,N •gyp y {� 1 I A�, _ _ _ — _ _ _ _ SEE SHEET 17 ATTACHMENT SEVEN Recommendation Planning Commission recommends City Council approve Plannin g Application No. 2011 -015 as submitted b y Sears Roebuck and Company for Planned Unit Development Amendment approval , with conditions noted in the proposed City Council Resolution (included in the packet) Note: this approval also provides that Sears shall execute and deliver a Declaration of Covenants and Restrictions Agreement in the form submitted to the Council (refer to your packet), subject to such changes, not affecting the substance of the Declaration, as are approved by the City LAttorney and the City Manager. City Council Agenda Item No. 10a • COUNCIL ITEM MEMORANDUM • DATE: September 12, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerkt�A SUBJECT: Type IV 6 -Month Provisional Rental. License for 6116 Aldrich 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 6116 Aldrich Ave N. If the Council chooses i 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 rental license renewal is recommended to be continued as a Type IV rental license based on the summarized circumstances. Although the property owner received approval for a Type IV Rental License on January 10, 2011, the property owner advised City staff on August 4, 2011 that he had been trying to sell the property and the property was no longer being rented. However, on August 22, 2011, the property owner advised staff that the property had not sold as . he had hoped and he would be re- applying for a rental license. The property did not have any property code violations or validated police incidents /nuisance calls for this renewal license application process. However, since the property owner intended to sell the property, he did not meet other requirements of a Type IV license during the six month p q p g period. These requirements include attendance at the Association of Responsible Management meetings, submission of monthly update regarding the status of the Mitigation Plan, and completion of Phase II of the Crime Free Housing Program. Therefore according to City P g �' a g Y ordinances, if the requirements of the license category and the mitigation plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12 -901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12- 914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Therefore, according to City ordinances, the property qualifies fora Type IV Rental License. The following is a brief history of the license process actions: Current rental license approval activities 08 -22 -11 Troy Pullis applied for a renewal of the rental dwelling license for 6116 Aldrich Ave N, single family residential property. • 08 -24 -11 An initial rental inspection was conducted and passed with zero property code violations. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM 08 -24 -11 Zero validated police incidents /nuisance calls were reported. • Prior Type IV license approval activities: 04 -16 -10 Troy Pullis applied for a renewal of the rental dwelling license for 6116 Aldrich Ave N, single family residential property. 06 -01 -10 An initial rental inspection was conducted with 11 property code violations. 08 -30 -10 A second inspection was conducted and passed. 09 -10 -10 A reminder letter was sent to the owner regarding license requirements. 11 -12 -10 An incomplete Mitigation Plan was received and returned to the owner. 11 -18 -10 The Phase I Crime Free Multi Housing program was completed. 12 -15 -10 The Phase II Crime Free Multi Housing assessment was conducted. 12 -27 -10 The Mitigation Plan was received and approved. 01 -10 -11 The license and the mitigation plan were approved by council with a license expiration date of July 3, 2011. If approved, after six months, a new rental license will be required. The license process will begin within 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. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of We and preserves the public trust COUNCIL ITEM MEMORANDUM . 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 g P p g P P 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 Yp g P Y 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 g lication 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 anti 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 rend preserves the public trust COUNCIL ITEM MEMORANDUM i 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`:5 Type II 2 Year 1 -2 units Greater than 1 but not more than 4 3 +amts Greater than .0 75 :but not more.than Type III —1 Year 1 -2 units Greater than 4 but not more than 8 Greater than 1 5 ..but not more than 3 _ Type IV — 6 Months 1 -2 units Greater than 8 :3± units.!_ Grit b 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 518B.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'sumts 0 =0 25 _ 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 b ut not more than 3 Category 3 .4umts _ - Greater` than,025 .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 -4umts Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves 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 - Resolution Approving a Type IV Rental License for 6116 Aldrich Ave N - Copy of Mitigation Plan Approved as Part of the January 10, 2011 Type IV Rental License Approval • • 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 TTYlVoice 711 Brooklyn Center, MN 55430 -2199 Fax.- 763-569-3494 www.cityotbrooklyncenterorg Rental License Mitigation Plan (Type IV License) Handwritten plans will not be accepted. Please type or use fallable form on City website. Property Address: 6116 aldrieh ave north OwnerName: Troy Pullis Local Agent: (Nmer Address: Agent Address: 2974 Oaklawn lane, Mound MN 55364 Owner Phone: 952- 484 -4332 Agent Phone: Owner Email: T93properties @hotmaii.com Agent Email: 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. eettop A Required 1Documeiits 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). Sechon'B .. rt a Friee , Im m:R u lrCllie nts Phase I L 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: Date Course Scheduled: 11/18/2010 Phase II © Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Completed: ° l $° Improvements to be completed by: Page 1 Type IV Mitigation Plan 9 -10 • i Phase 1H I will attend a minimum of 50% of the ARM meetings (four). I will attend the ARM meetings scheduled for: & & = 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 atuivally that includes crime prevention techniques. I will hold regular resident meetings. ectiott �:.on "'T,erin` Ca 'tallm rovexnents Plan: Date Last Replaced Future Replacement Date Furnace /AC 01101/2008 Water Heater 10101/2009 Kitchen Appliances 12101/2009 Laundry App liances 12/01/2009 Exterior -Paint/Siding - Windows -Roof 07/01/2013 -Fence 0710112011 -Shed - Garage - Driveway 0710112011 - Sidewalks i Smoke Alarms &Carbon Monoxide Alarms 12/01/2009 Other; newer windows and stucco siding Section �3� Ste s #o .I�iii rove Cana eme�.'t`t;nd ��ondi+tions'�f: °Pro e. Implementing the following best practices may assist in the management of your property. By checking the boxer below, you agree to- ®✓ Check in with tenants every 30 days. L _�q Drive by property to check for violations twice a month. r - 7 - 1 Evict tenants in violation of the lease and all addendums. I v i Provide lawn/snow service. Provide garbage service. Install security system. F 7_1 Provide maintenance service plan for appliances. Name of service company: centerpoint energy servi plus Other: Page 2 Type IV Mitigation Plan 9 -10 i 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 I0' 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. I verify that all information provided above is true and accurate. i understand that if do not comply with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result. , tt a Date Additional Owner or Agent Signature /Title Date (If applicable) Police Department /Title Date 7 - 7l` v Bpi mg & Community Standards Department / Title Date • Page 3 Type IV Mitigation Plan 9 -10 i • Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6116 ALDRICH AVENUE NORTH WHEREAS, City Ordinance Sections 12 -900 to 12 -916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6116 Aldrich Ave N, was issued a Type IV Rental license on January 10, 2011; and WHEREAS, City Ordinance Section 12 -901.2 requires a property owner, who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12- 914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements, and submit monthly updates ; and • WHEREAS, the property owner of 6116 Aldrich Avenue North, Brooklyn Center failed to attend Association of Responsible Management Meetings, complete security improvements, and submit monthly Mitigation Plan updates; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center; Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6116 Aldrich Avenue N, Brooklyn Center, MN. September 12, 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. Cit y g Council Agenda Item No. 10b • i COUNCIL ITEM MEMORANDUM DATE: September 12, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6 -Month Provisional Rental License for 5807 Drew AveN 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 5807 Drew Ave N. If the Council chooses not to 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 twenty (20) property code violations found during the initial rental license inspection and zero (0) 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: 02 -16 -11 Drew Kabanuk applied for renewal of the rental dwelling license for 5807 Drew Ave N, a single - family residential property. 04 -06 -11 An initial rental inspection was conducted. (20 orders cited, see attached rental criteria) 05 -20 -11 A second rental inspection was conducted and passed. 05 -20 -11 Zero validated police incident/nuisance calls were reported. 06 -07 -11 A letter was sent to the owner notifying of the qualification for a 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.) 07 -20 -11 A second letter was sent to the owner regarding Type IV license requirements. 08 -11 -11 A citation was issued for failure to submit a mitigation plan. 08 -15 -11 A Mitigation Plan was received and returned since it was incomplete. 08 -17 -11 The Mitigation Plan was received. • 08 -23 -11 The Mitigation Plan was 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 one month. 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 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 duality 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 properly 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 ro ert code and nuisances as defined in Chapter 12 19 7 P P Y P > 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 Cod Only) Type 1— 3 Year 1 -2 units 0 -1 -� Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 ±huts Greater than 0'75 but not more than_X .5 Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 3+ unit`s' Greater than 1, 5 'but not more than 3 Type IV — 6 Months 1 -2 units Gre ater than 8 3± unit`s Greater 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 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3= 41uuts_ ('reaterthan n25 , .lut not,moze;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 amts _ Greater than 1 n 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 TTY /Voice 711 Brooklyn Center, MN 55430 -2199 Fax-763 -569 -3494 www.cit7othrooklyncenter.org Rental License Mitigation Plan (Type IV License) Handwritten plans will not be accepted Please type or use fallable form on City website. Property Address: '5807 Drew Avenue, Brooklyn Center, MN Owner Name: Drew & Terri Kabanuk Local Agent: Owner Address: Agent Address: 552OTwin lake Terrace Crystal, MN, 55429 Owner Phone: 763-535-2525 Agent Phone: Owner Email: Agent Email: 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 ossible solutions to im ove the overall conditions of the ro ectoni. -: Requirelocmieet Submit the following documents with the N Ration Plan for approval: 1. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section B. 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum ©3. Submit written report by W of each month (after license approval). earn 8 Cwxe:FreeHousi .P m R. uirements .::: Phase 1 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: Date Course Scheduled: Sept. 14th (NH) Phase H Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled:' U Improvements to be completed by: Page 1 Type IV Mitigation Plan 4-11 • • Page 1 of 1 Phase III I will attend a minimum of 50% ofthe ARM meetings (two). I will attend the ARM meetings scheduled for: W11 & 11/10/2011 = 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 pravemion techniques. =I will hold regular resident meetings. Future Date Last Replaced lacement Date R Fumace/AC 2001 Water Heater 2024 # Kitchen Appliances 20116 ?* 2020 # Laundry Appligno es of ova a of rout EStterior - Paint/Siding 2009 */1995* - Windows 1995T -Roof 2006' 2026 # -Fence No Fence A Fence -Shed No Shed No 5nea - Garage 19957* 2035 # SEE - Driveway 2001?* 2031 # - Sidewalks 1995 2025 # . Smoke Alarms & Carbon Monoxide Alarms 2010 2020 # Oar *Not Exact nne o Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: t eck in with tenants every 30 days. ve by property to check for violations twice a month. et tenants in violation of the lease and all ad&uh ms. vide lawn/snow service. vide garbage service. tall security system. ide maintenance service plan for appliances. Name of service company: 1 am and will remain current on payment of utility fees, taxes, assessments, finea, penalties and other financial claims due to the City. ✓ Other. Tennants provide their own Lawn/Snow, &Garbage Services. 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 W 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. I verify that all information provided above Is time and accurate. I understand that if I do not comply Page 2 Type IV Mitigation Plan 4 -11 file:HC:\Documents and Settings\janderson3\LoW Settings\Temporary Internet Files \Cont... 8/17/2011 with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result. Drew Kabanuk - (Owner) Owner or Agent Name and Title (Please Print) er Date Terri Kabanuk - (Owner) Additional Owner or Agent Name a d Title (Please Print) (if applicable) Additional Owner Signature (fapplicable) Date Police Department / Title f Da (e 24 it Bu d Standards Department /Title Date City Council Agenda Item No. lOc 1 • COUNCIL ITEM MEMORANDUM • DATE: September 12, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6 -Month Provisional Rental License for 6234 Brooklyn Boulevard i 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 6234 Brooklyn Boulevard. 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 twelve (12) property code violations found during the initial rental license inspection and one (1) 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: 02 -10 -11 Thomas Johnson applied for a renewal of the rental dwelling license for 6234 Brooklyn Boulevard, a single - family residential property. 03 -03 -11 An initial rental inspection was conducted. (Twelve orders cited, see attached rental criteria) 04 -07 -11 A second rental inspection was scheduled. The owner or representative did not appear and items were not corrected. 05 -13 -11 A reinspection was conducted and passed. 05 -13 -11 One validated police incident/nuisance was reported for loud party on 10/9/10. 06 -07 -11 A letter was sent to the owner 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.) 07 -20 -11 A reminder letter was sent to the owner regarding Type IV license requirements. • 08 -22 -11 The Mitigation Plan was received. 08 -27 -11 The Mitigation Plan was approved by staff. Mission: Ensuring an attractive, clean, safe community that enhances the quality of We 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 right within one month. 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 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 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 b the City. A licensee y ty 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 ITEMMEMORANDUM Property Code and Nuisance Violations Criteria • License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1— 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± urnta' Greater than 0.75but not more_than 1 5 Type III — I Year 1 -2 units Greater than 4 but not more than 8 3 +. units Greater than 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 s 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 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 _ Greaterthan 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 TTY / Voice 711 Brooklyn Center, MN 55430 -2199 Fax 763 - 569 -3494 w K'ry ci tyofbra oklyn cen tec org Rental License Mitigation Plan (Type IV License) Handwritten plans will not be accepted Please type or use flfttble form on City website PIOperty Addrt SS �sr $� F y y 2< 4 br�oclyn J�3gYd i Owne blattie W01 n 'r z Owne Address' � ��� " � .� ats .a7? "max O email x , ��; eiiY mail f= x u 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 to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify ossible solutions to im rove the overall conditions of the ro e Submit the following documents with the Mitigation.Plan for approval: 1. Crime Free Housing Program Training Certificate (if completed, if not completed, please include i S, heduled date in Section B. 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum E V7'1 3. 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 terms of the lease or any addendums. 4. Attend City approved eight hour Crime Free .Housing course. Completed: Oct 20th: Date Course Com P Date Course Scheduled: Phase 11, Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. 8 -4 -11 9 -3 -1,1 Date Scheduled: Improvements to be completed by: Page 1 Type IV Mitigation Plan 4 -11 ..... . .... . r Phase III I will attend a minimum ;of 50 % of the ARM meetings (two). I will attend the ARM meetings scheduled for: -2i & 9- 8 -11 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. ' Date Last Replaced Future Replacement Date Furnace /AC 2-c , ! Water Heater 2- -1 5 , Kitchen Appliances 2006 o Laundry Appliances - - Exterior Paint/Siding 5 -1 -10 S- -2 15 - Windows 5 -1 -12 -Roof -Fence -Shed - Garage - Driveway 2001 Z,o 2,- - Sidewalks Smoke Alarms &'Carbon Monoxide Alarms '2-1-11 Lv/pE Other: Sect.., o w Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree tot Check in with tenants every 30 days. Drive by property to check for violations twice a month. Evict ten is in violation of the lease and all addendums. Provide asnow service. Provide garbage service. Install security system. E 'rovide maintenance service plan for appliances. Name of service companyi 1 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. I verify that all information provided above is true and accurate. I understand that if I do not comply Page 2 Type IV Mitigation Plan 4 -11 • with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result Thomas M Johnson Owner Owner or Agent Name and Title (Please Print) Owner or 6nt Signature Date Additional Owner or Agent Name and Title (Please Print) (tf applicable) Additional Owner or Agent Signature (f applicable) Date Pori cc Department/ Title Date } ), r i Building & eommunity Standards Department / Title Dat • Page 3 Type IV Mitigation Plan 4 -11 • I City Council Agenda Item No. lOd • I • COUNCIL ITEM MEMORANDUM DATE: 7 September 2011 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Serv' es SUBJECT: Preliminary Property Tax Levy and Operating Bu et for the 2012 Fiscal Year Recommendation: It is recommended that the City Council consider adoption of two resolutions. The first resolution would establish the preliminary property tax levy for the 2012 fiscal year. This levy would be the maximum levy allowed to the City for the 2012 fiscal year. The second resolution would adopt preliminary budgets for those funds using portions of the property tax levy for operations. Background: Property Taxes: The 2012 fiscal year will be a shift for property tax payers. Homeowners who have registered for the homestead exemption will receive a shift of the homestead advantage from a calculation crediting their taxes to a calculation reducing their taxable property value. This change in policy by the State of Minnesota during the Special Session of 2011 shifts the burden for providing that homestead advantage from the State of Minnesota to the other taxpayers in each city. Rather than the State providing dollars to offset the credit given to homestead properties, all non - homestead properties in the City will have to assume payment of the portion formerly paid by the State. The legislative action was meant to assist in narrowing the gap in the State's budget by removing the payment of Market Value Homestead Credit to taxing jurisdictions. However, as written and enacted, the legislation effectively shifts the responsibility for paying that portion of each city's tax levy from the State treasury to the non - homestead property owners. After much discussion and consideration of a number of alternatives the attached chart presents the proposed property tax levy payable in 2012. The overall property tax levy for taxes payable in 2012 is proposed to increase $ 307,020 or 2.21% over the levy payable in 2011. This compares with a range of -4.80% to 3.98% in proposed increases among I I suburban cities surveyed in the metropolitan area. The average increase is 1.09% with a median of 1.85 %. This places Brooklyn Center slightly above both the average and the median increase in percentage terms among the comparison cities. The U.S. Bureau of Labor Statistics showed the change in the Minneapolis /Saint Paul CPI -U as 2.3% for the first half of 2011. Levy limits imposed by the State Legislature expired after the last session and cities are able to levy what they deem necessary for providing public services. This eliminates the need for special levies for lost state aid or special programs. In the 2012 levy, most of the special levies from the past two years have been combined into the overall general purpose property tax levy for operations in the General Fund. Mission: Ensuring an attractive, clean, safe comnuinity that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM The balance of the levy, debt service on the Police and Fire Station Bonds and the Housing and Redevelopment Authority, increased by $ 4,406 because of slightly higher debt service payments for 2012 but a lower tax base on which to base the HRA levy. The net proposed levy for 2012 increases $ 307,020 or 2.21 %. The impact on the various types of property tax payers will vary depending on the type of property (residential, commercial, industrial, apartment) and the change in value from 1 January 2010 to 1 January 2011. In addition, the application of Fiscal Disparities value throughout the metropolitan area will change the overall picture. Residential properties at or below the median value of $ 133,800 which have registered for homestead status will see a property tax decrease in the City's portion of the levy. All other types of property (non- homestead residential, commercial, industrial) will see an increase as those properties have had the burden of the old Market Value Homestead Credit payment shifted to their property tax bills Operating Budget: The overall objective in the 2012 General Fund operating budget is to continue providing current services while minimizing any operating cost increases. The cost of a 2% COLA wage increase is partially offset by reductions in the cost of medical insurance premiums after two years of no COLA increase and rising insurance costs. One position that was budgeted but unfilled has been removed from the budget while three other positions have been eliminated by hiring a contractor to provide service at a lower net cost. There will be an increased cost for elections with the January 2012 special election scheduled to fill a vacant City Council seat. In most other respects, the 2012 operating budget is designed to provide the current level of City services, activities, repairs and operations. There is, at present, $ 18,582 or revenue in excess of expenditures that will be prioritized for use prior to the final budget adoption in December 2011. Council Goals: In the formulation of the 2012 budget, all City Council goals were considered and incorporated. The operating budget is one of the primary tools available for implementation and achievement of the strategic and ongoing goals of the City Council. Cities include Brooklyn Center, Crystal, Fridley, Golden Valley, Maplewood, New Hope, Richfield, Robbinsdale, Roseville, Shoreview and White Bear Lake Mission: Ensuring an attractive, clean, safe communio that enhances the quality of life and preserves the public trust Property Tax Levy Percentage Increase Pay 2011 to Pay 2012 Richfield 3.98% Roseville 3.4010 Shoreview 3.36% Brooklyn Center 2.21% Maplewood 2.00% ..Fridley - ..1.85% White Bear Lake 0.00% New Hope 0.00% Golden Valley 0.00% C stal m (0.0 � Robbinsdale (4.80% averag 1.0 g . _ median 1.85% City of Brooklyn Center NEW Pay 2012 Property Tax Levy Proposal as of 6 September 2011 A B C Levied Levied Proposed Lev Pay Pay Pay 2010 2011 2012 1 Ge`nert.,Proiert�x Ley y ,.6;684,916 r,766i374 13,00,243 2 Police,& Fire Lever � 5,12,581 5:,173,806'" - 3 Fire Relief Association Pension 65,945 40,000 12,711 4 Foreclosure Levy: 125,000 125,000 125,000 5 2008 L A.'l na tmen .j' 42,100 - - 6 20.09.LGA Unallatmerit., 463,502 7 '2010 LOA- Unallotment 296,'[ 8 - 8 2010 MUH =. - 9 2.010 Supplemental Cuts tp - GA 604,022 - 10 201 t Su p lemental�C;,Uts- t "MVHC _ pp --- - - - - -- - - - -------- ----------------- 11 2004A Bonds Levy- 715,183 695,632 708,581 12 HRA Levy. 349,745 310,831 302,288 13 TOTAL LEVY 13,568,972 13,911,803 14,218,823 14 General Fund Portion 12,504,044, 12,905,340 13,207,954' 15 General Fund Portion Change 700,028 401,296 302,614 16 Percentage 5.9 3.2% 2.4% 17 Total Dollar Increase 675,764 342,831 307,020 18 Total % Increase 5.2% 2.53% 2.21% 2012 tax levy implications prelim.xisx Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2012 WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, Minnesota Statutes require that the preliminary property tax levy for property taxes payable in 2012 be provided to the Hennepin County Auditor no later than September 15, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that a tax is hereby levied on all taxable real and personal property within the City of Brooklyn Center for the purpose and sums as follows: General Fund - Tax Capacity Based General Tax Limited Levy $ 13,070,243 Special Levy for Fire Relief Association 12,711 Special Levy for Foreclosure Costs 125,000 Subtotal for General Fund Levies $ 13,207,954 Debt Service - Market Value Based 2004 A- Police & Fire Building Refunding Bonds $ 708,581 Housing and Redevelopment Authority HRA Tax Levy $ 302,288 TOTAL LEVY 14,218.823 September 12, 2011 Date Mayor ATTEST: City Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A PRELIMINARY BUDGET FOR THE 2012 FISCAL YEAR WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, Minnesota Statutes require that a preliminary budget be adopted for funds using property tax revenues along with the adoption of the preliminary property tax levy; and WHEREAS, a preliminary property tax levy of $- 14,218,823 has been proposed for adoption the basis for the budget proposed herewith. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following amounts be adopted as the preliminary budget for property tax supported funds appropriated as follows: REVENUES: General Fund Property Tax Levy (net) $ 13,207,954 Sales Tax — Lodging Tax Gross Receipts 710,000 Licenses & Permits 635,567 Intergovernmental Revenues 844,315 General Government Service Charges 218,050 Code Enforcement Service Charges 20,000 Recreation Fees and Charges 686,682 Public Safety Service Charges 84,100 Fines & Forfeitures 348,500 Miscellaneous Revenues 95,000 Subtotal General Fund $ 16,850,168 2004A Debt Service Property Tax Levy $ 708,581 Housing and Redevelopment Authorily Property Tax Levy $ 302,288 TOTAL BUDGETED REVENUES 17,861,037 EXPENDITURE APPROPRIATIONS: General Fund Operating Divisions $ 17,725,888 Reimbursements from Other Funds (964,302) Transfers to Capital Projects Funds 70,000 Subtotal General Fund $ 16,831,586 Debt Service 2004A G.O. Municipal Building Refunding Bonds $ 708,581 Housing _& Redevelopment Authority Transfer to Economic Development Authority $ 302,288 TOAL BUDGETED APPROPRIATIONS $7,842.455 September 12, 2011 Date Mayor ATTEST: City Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: whereupon said resolution was declared duly passed and adopted. • Work Session Agenda AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION September 12, 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. Residential Driveway Standards PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 2. National League of Cities Service Line Program 3. Progress Reports on Achievement of Strategic Goals 4. School District Discussions/BC Strategic Plan Report 5. Sister City Update 6. Active Living Program 7. Annual Department Year End Reports • 8. Garbage Hauler Organized Collection Update — October 9. Youth Participation Request — October 10. Neighborhood Designations — December 11. Highway 252 Update - 2012 12. Administrative Fines Update — October • Work Session Agenda Item No. 1 1 • MEMORANDUM - COUNCIL WORK SESSION • DATE: September 8, 2011 TO: City Council i FROM: Councilmember Lasman THROUGH: Curt Boganey, City Manag SUBJECT: Driveway Repair Recommendation: It is recommended that the City Council consider providing direction to staff regarding concerns raised by a citizen to Councilmember Lasman regarding driveway repair requirements. Background: I have enclosed a copy of an email from Councilmember Lasman describing concerns that perhaps the City should have different standards for driveway repair in certain circumstances. Following Council discussion we will respond to your direction. Policy Issues: Council Goals: Strategic: 3. We will stabilize and improve residential neighborhoods Hission: Ensuring an attractive, clean, safe community that enhances the qualify of'life and preserves the public trust Curt Boganey From: Kay Lasman Sent: Saturday, September 03, 2011 12:08 PM To: Curt Boganey • Cc: Kay Lasman Subject: driveways Hi Curt, I had a citizen call me about some concerns she has about fixing driveways, especially on forclosed homes that have been fixed up for resale, and the house is repaired to an acceptable level, but the driveway is neglected. Past councils have had conversations about tightening up driveway requirements, but because of the high cost of driveway replacement, has opted not to do any changing of the ordinance. The suggestions of requiring a certain standand at the time of rehabing and sale may be a different way to look at it. The citizen who called me said a home in her area had several inspections and her suggestion was that the driveway should be part of the inspection, with tighter requirements than may be in place right now. She used the illustration that the new owner (who purchased the home in forclosure, for re -sale) did several improvements on the home, but when it came to the driveway, fell short. The driveway had several large breaks, and they patched some of the large breaks but left eft several smaller broken areas, and then sealcoated. She felt that they should have repaired all the areas needing patching, instead of just the large ones. I would like to have a discussion on this at a future work session. Thank you. Kay • • 1