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HomeMy WebLinkAbout2012 05-14 CCP Regular Session i AGENDA CITY COUNCIL STUDY SESSION May 14, 2012 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center AGENDA May 14, 2012 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.April 23, 2012 –StudySession 2.April 23, 2012 –Regular Session 3.April 23, 2012 –Work Session 4.April 30, 2012 –Board of Appeal and Equalization b.Licenses c.Amend City Council Meeting Schedule to Set Date and Time of Joint City Council/Financial Commission Work Sessions Regarding 2013-2014 Budget d.Resolution Supporting an Application by Aeon for Twin Cities Community Land Bank (TCCLB) Environmental Financial Response Funds (View Pointe at Shingle Creek) e.Resolution Providing a Nine Month Extension to the Time Period for the Submittal of the Evergreen Villas Final Plat f.Approvalof Write Off of NSF Checks g.Resolution to Partner withHennepin County and Other Cities in the County to Develop and Implement Activie Living Strategies CITY COUNCIL AGENDA-2-May14, 2012 7.Presentations/Proclamations/Recognitions/Donations a.Proclamation Declaring May 28, 2012, as Mound Cemetery of Brooklyn Center Sesquicentennial Day Requested Council Action: –Motion to adopt proclamation. 8.Public Hearings a.Charter Commission Recommendation Regarding Amendment to City Charter Chapter 9 Relating to Eminent Domain 1.An Ordinance Amending Chapter 9 of the Brooklyn Center City Charter Regarding Eminent Domain –This item was first read on March12, 2012; published in the official newspaper on April12, 2012; and is offered this evening for second reading and Public Hearing. Requested Council Action: –Motion to openPublic Hearing. –Motion to take public input. –Motion to close Public Hearing. –Take action on ordinance. b.An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 –This item was first read on April12, 2010; was published in the official newspaper on April22, 2010; and the Public Hearing was continued at the May10, 2010, meeting until such time as the Charter Commission makes its recommendation to the City Council. Requested Council Action: –Motion to remove item from table. –Motion to continue Public Hearing. –Motion to take public input. –Motion to close Public Hearing. –Take action on ordinance. c.AnOrdinance Amending Chapter 35 ofthe City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the Most Southerly Section of the City of Brooklyn Center, Situated Between Azelia Avenue North to the West, Lakebreeze Avenue North to the North, and HWY100 to the East and South (Addressed as 4001 Lakebreeze Avenue North) –This item was first read on April 23, 2012; published in the official newspaper on May 3, 2012; and is offered this evening for second reading and Public Hearing. Requested Council Action: –Motion to open Public Hearing. –Motion to take public input. –Motion to close Public Hearing. –Motion to adopt ordinance. CITY COUNCIL AGENDA -3- May 14, 2012 I 9. Planning Commission Items a. Planning Commission Application No. 2012-002 Submitted by Paul Hyde, Real Estate Recycling. Request for Planned Unit Development (PUD) — Development/Site and Building Plan Approval for a Proposed New 90,000 sq. ft. Office/Manufacturing/Warehouse Facility, in Conjunction with the New France Avenue Business Center 4 — Planned Unit Development, to be Located at 4001 Lakebreeze Avenue North. The Planning Commission recommended approval of this application at its April 26, 2012, meeting. 1. Resolution Regarding the Recommended Disposition and Approval of Planning Commission Application No. 2012-002, submitted by Paul Hyde for Development/Site and Building Plan Approval Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental License for 4216 Lakebreeze Avenue Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. b. Consideration of Type IV 6-Month Provisional Rental License for 6319 Perry Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. 11. Council Report 12. Adjournment Agenda Items Tabled or Continued An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 —This item was first read on April 12, 2010; was published in the official newspaper on April 22, 2010; and the Public Hearing was continued at the May 10, 2010, meeting until such time as the Charter Commission makes its recommendation to the City Council. City Council Agenda Item No. 6a i -ENE 0 1 Office of the City Clerk MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 16W 4U&4q_ DATE: May 14, 2012 SUBJECT: Councilmember Lasman: Requested Change to April 23, 2012, Work Session Minutes Councilmember Lasman requested the following change to the Work Session minutes of April 23, 2012: PAGE 1 —HIGHWAY 252 UPDATE • Last sentence on page: Councilmember/Commissioner Lasman stated support to proceed with a feasibility study based on available funding and because this intersection is ranked #3 in the State for annual crash costs; however, the corridor plan will need to provide adequate exits to the aster side (River-wood neighbar-h od of yisit Brooklyn Center. • I ICI MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 23, 2012 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, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, 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, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion of Item 6d, Resolution Amending Funding Sources, Improvement Project No. 2010-16, Contract 2010-I, Shingle Creek Restoration Improvement, specifically relating to the discrepancy with the Shingle Creels Watershed Commission's funding commitment to the project. He noted the total cost of the project was significantly reduced due to aggressive bids and the Watershed reduced its commitment from $127,500 to $85,406.59 based on its policy to cap financing at 25%. City Manager Curt Boganey explained the Watershed's 25% maximum rule was not included in the original documents staff reviewed. Staff has asked the Watershed to inform the City in advance to assure there is no future miscommunication. Mr. Boganey advised this was a consistent policy of the Watershed for other jurisdictions and he believed the City would not be at a disadvantage going forward. Mayor Willson asked how much the City has paid the Watershed, noting it appears to be a 50% increase in the negotiated fee. Public Works Director/City Engineer Steve Lillehaug advised the City will need to transfer funds internally from TIF to cover this cost difference of$96,000. He referenced the funding breakdown as detailed in the draft resolution, noting the City's cost is well under the estimated cost for this project. Mayor Willson stated he can support the resolution if there was just a miscommunication; however, he remained concerned that a price was set and then changed by the Watershed. Mr. Boganey concurred and advised that staff negotiated vigorously but it came down to the 25% cap on the Watershed's share, which was not communicated in advance. 04/23/12 -1- DRAFT Councilmember Myszlcowski stated she shared the same concern and thanked staff for resolving this issue. Councilmember Lasman asked if there is now a written policy. Mr. Boganey answered if it is not yet in a written form, it is being developed. MISCELLANEOUS Councilmember Ryan referenced the City Council Code of Policies, Section 2, General Policies, and requested consensus to schedule a Work Session topic to review the schedule for professional services policy for review of the RFP for financial advisor. He described the recent review of this RFP, which was done every six years, and belief the review process for this specific RFP should be revised, thinking the City Manager should select the financial advisor in which he has the most confidence because if the vendor does not do the job for the City Manager, it would reflect on the performance of a given project. Mayor Willson asked about Charter language and noted it gives responsibility to the Mayor to review the financial perspective of the City. He indicated he wants to assure the Mayor is involved with the consideration of bringing in a financial advisor so it is not solely the decision of the City Manager. Councilmember Lasman concurred as long as the City Manager and Finance Director are a key part of the committee. She noted this policy was probably written in this way because an earlier Council put considerable thought into what would give the best results. Councilmember Lasman expressed concern that toning down the policy would not strengthen the City's ability to perform financial decisions. Mayor Willson agreed the meeting referenced by Councilmember Ryan was not comfortable because the City Manager and Finance Director had differing opinions based on the experience each had. However, that does not warrant a language change in the Charter or Policy. Mayor Willson noted the Finance Director falls under the prevue of the City Manager. Councilmember Ryan stated he brought this forward because he had interpreted that meeting as the City Council getting involved with an internal staff issue. Councilmembers Kleven and Myszlcowski thanked Councilmember Ryan for bringing forward this topic. Councilmember Ryan stated his appreciation for consideration that the City Council may give to this matter and thanked each for their input. The consensus of the City Council was to direct staff to review Charter and Council Policy language to determine whether it merits further discussion. Councilmember Ryan can then bring it forward if he felt there was merit. Councilmember Kleven asked when the community garden will be considered by the City Council. Mr. Boganey indicated it is the intent of the Park and Recreation Commission and Housing Commission to hold a joint meeting as a follow up to the Happy Hollow Park meeting to discuss the results and forward a recommendation to the City Council. 04/23/12 -2- DRAFT i DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS HIGHWAY 252 UPDATE Mr. Boganey introduced the item and the City Council's past consideration. Mr. Lillehaug presented a brief overview of TH252 corridor issues, staff evaluation and strategy that laid out the different elements to identify and address the multiple transportation issues, both short-term and long-term, surrounding this corridor within Brooklyn Center and potentially through.the entire corridor from I-694 to TH610. Mr. Lillehaug presented the following phased approach: Phase 1-Feasibility Study; Phase 2-Implement Interim Solutions; and, Phase 3 Ultimate Plan. It is estimated the feasibility study (Phase 1) would cost $60,000. Mr. Lillehaug explained that Brooklyn Park has indicated it is not interested in dedicating any funds for a feasibility study. In addition, the Minnesota Department of Transportation (Mn/DOT) indicated it had not programmed funding for such a study but continues to update its technical plan and conducts studies within this corridor. Mr. Lillehaug indicated staff may need to be more proactive with Mn/DOT to pursue a partnership. He described the plan of Mn/DOT to eliminate a right turn movement; however, staff did not feel it had a great cost benefit to the City to eliminate accidents. Mn/DOT agreed it may not be a great interim solution for the City and decided to delay that project until a better plan was developed. Mr. Lillehaug advised that out of 8,000 plus interchanges on Mn/DOT's system, the southerly intersection is ranked #3 in the State when looking at the annual crash costs assigned to intersections. There have been 61 crashes in a three-year period at this intersection. Mr. Lillehaug referenced the location of fatalities that had occurred and emphasized that something needs to be done collectively to reduce the number of crashes at the southerly intersection and even through the corridor into Brooklyn Park. Mr. Lillehaug asked if the City Council desired to pursue Phase 1, Phase 2, and/or Phase 3 planning. Councilmember Lasman agreed that the southerly intersection warranted something being done to address the number of crashes. She asked whether Mn/DOT would consider using the funds it had appropriated for the "band aid" approach toward the cost of a feasibility study (Phase 1) to unveil a solution that would benefit all. Mr. Lillehaug stated the issue of using earmarked project money for the feasibility study was not raised because it was federal money. However, staff will raise that scenario and do its best to get money allocated towards this project. Councilmember Ryan supported the City conducting a feasibility study so the City's issues can be identified and raised with the State. Mr. Lillehaug agreed that is another reason for conducting the study. Councilmember Ryan asked if there is more to be done with the completion of 610. Mr. Lillehaug advised the 610 will eventually be connected to I94. Councilmember Ryan indicated that will create even higher traffic volumes. Mr. Lillehaug concurred, noting the number of accidents-will also increase. Discussion of TH252 continued at the April 23, 2012, Work Session. 04/23/12 -3- DRAFT i ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 04/23/12 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 23, 2012 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, Lin Myszkowski, Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, 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 purpose of Informal Open Forum. Sandy Christensen, 6803 Toledo Avenue N., stated her objection to the Maranatha Homes project to rezone land directly adjacent to her property to R-5 or R-6, possibly resulting in a four- to five-story building. Braden Barnhart, 6813 Toledo Avenue N., stated his objection to the Maranatha Homes project and request to rezone from R-1 due to the shadow a multi-story building would cast on his back yard and ability for residents of a two-three story building to see into his back yard. Mr. Barnhart pointed out that other businesses were not allowed to go above two stories or within 40 feet. Kris Anderson, 5213 Eleanor Lane, reported the Park and Recreation Commission and Housing Commission will meet to address outstanding issues relating to the community garden program and intends to make a recommendation to the City Council for consideration at its May 14, 2012, meeting. Judy Broeren, 5001 Zenith Avenue N., asked the City to reconsider a community garden in Happy Hollow Park. Because there are a lot of new families with children, and she is concerned with safety as there are no stop signs off Brooklyn Boulevard and traffic travels at a fast speed. 04/23/12 4- DRAFT I Allan Hancock, 5520 Freemont Avenue N., supported a community garden program and suggested a meeting be held to determine the location of community interest prior to selecting a specific location. Randy Christensen, 7001 Regent Avenue N., addressed the Maranatha project and indicated the neighborhood is opinionated in its opposition to this project. He asked the City Council to assure it is aware of the history with Maranatha, noting it had changed ownership, and asked that the letter he submitted be formally entered into the record. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 7:00 p.m. Motion passed unanimously. 2. INVOCATION Presentation of Colors by St. Alphonsus Boy Scout Troop 454. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:02 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszlcowslci, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, 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 when the Colors were presented. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Myszlcowslci moved and Councilmember Kleven seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. April 9, 2012—Study Session 2. April 9, 2012—Regular Session 3. April 11, 2012—Joint Session with Commissions 04/23/12 -2- DRAFT i 6b. LICENSES i MECHANICAL Aairgate Heating &A/C, Inc. P.O. Box 1649, Maple Grove Dietrich Mechanical 4353 Sequoia Drive, Eagan GTS HVAC, Inc. 4018 Joyce Lane, Brooklyn Center Gilbert Mechanical 4451 West 76th Street, Edina Glowing Hearth& Home 100 Eldorado Drive, Jordan J Berd Mechanical Contractors, Inc. 3308 Southway Drive, St. Cloud Louis DeGidio Services, Inc. 21033 Heron Way, Lakeville Midwest Maintenance &Mechanical 710 Pennsylvania Avenue S., Golden Valley Northern Heating&A/C, Inc. 9431 Alpine Drive NW, Ramsey RC Heating & A/C 4880 McAllister Avenue NE, St. Michael Solid Refrigeration LLC 1125 American Boulevard E., Bloomington South Mechanical Contractors, Inc. 21005 Langford Avenue, Jordan Westair Corporation 11184 River Road NE, Hanover MOTOR VEHICLE DEALERSHIP Boulevard Auto Sales, Inc. 6121 Brooklyn Boulevard PUBLIC DANCE Brooklyn Center Investments Group, Inc. 2101 Freeway Boulevard RENTAL RENEWAL (TYPE III—one-year license) 130468 1h Lane N. Samuel Holloway II 6765 Humboldt Avenue N. Moeen Ahmad Masood/Shehla Alvi 5617 Logan Avenue N. Darwin and Marcia Kulzer RENEWAL (TYPE H—two-year license) 481063 d Avenue N. Passed w/Weather Deferral Paul Miller 5348 701h Circle Deepak Nath 5325 Humboldt Avenue N. Passed w/Weather Deferral Linda Mitchell 6753 Humboldt Avenue N. Moeen Ahmad Mosood/Shehla Alvi 6813 Humboldt Avenue N., B304 Raymond Charest 6937 Unity Avenue N. Wells Bovard 7169 Unity Avenue N. Angelique Brown RENEWAL (TYPE I—three-year license) 5160 Drew Avenue N. Passed w/Weather Deferral Chen Zhou 4707 Eleanor Lane Todd Vlasaty 5637 Emerson Avenue N. Douglas Pederson 6819 Orchard Avenue N. Lue Moua 04/23/12 -3- DRAFT i 6437 Scott Avenue N. Greg Gervlis SIGNHANGER Signation Sign Group 6840 Shingle Creek Parkway Spectrum Sign Systems, Inc. 9278 Isanti Street NE, Blaine TOBACCO RELATED PRODUCT Family Dollar 2105 57th Avenue N. 6211 Brooklyn Boulevard 6c. RESOLUTION NO. 2012-57 SUPPORTING THE CITY OF BROOKLYN CENTER'S MINNESOTA SAFE ROUTES TO SCHOOL PLANNING ASSISTANCE GRANT APPLICATION 6d. RESOLUTION NO. 2012-58 AMENDING FUNDING SOURCES, IMPROVEMENT PROJECT NO. 2010-16, CONTRACT 2010-I, SHINGLE CREEK RESTORATION IMPROVEMENTS 6e. RESOLUTION NO. 2012-59 AUTHORIZING EXECUTION OF A SITE LEASE AGREEMENT WITH ZAYO GROUP, LLC 6f. RESOLUTION NO. 2012-60 ACCEPTING QUOTATIONS AND AWARDING A CONTRACT FOR 2012 DISEASED TREE REMOVAL PROGRAM 6g. RESOLUTION NO. 2012-61 SUPPORTING AN APPLICATION BY AEON FOR A HENNEPIN COUNTY ENVIRONMENTAL FINANCIAL GRANT (VIEW POINTE AT SHINGLE CREEK) Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. BUILDING AND COMMUNITY STANDARDS ANNUAL REPORT Assistant City Manager/Director of Building and Community Standards Vickie Schleuning presented the Building and Community Standards annual report that included highlights of department activities. Councilmember Lasman moved and Councilmember Ryan seconded to receive the Building and Community Standards annual report. Motion passed unanimously. 7b. PROCLAMATION DECLARING MAY 20-26, 2012, PUBLIC WORKS WEEK IN BROOKLYN CENTER 04/23/12 -4- DRAFT i 1 Councilmember Kleven moved and Councilmember Myszkowski seconded to adopt PROCLAMATION declaring May 20-26, 2012, Public Works Week in Brooklyn Center. Mayor Willson read the proclamation in full and extended the City Council's appreciation to the excellent staff of Brooklyn Center. Councilmember Lasman described the after-hour sacrifices made by the City's Public Works staff. Motion passed unanimously. City Manager Curt Boganey thanked the City Council for its direction and leadership. He recognized the Building and Community Standards Department and Public Works Department as well as the leadership provided by Mr. Lillehaug and Ms. Schleuning. Mr. Boganey stated it is his privilege to serve as City Manager and thanked staff for their contribution. 8. PUBLIC HEARINGS -None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2012-002 SUBMITTED BY PAUL HYDE OF REAL ESTATE RECYCLING, LLC. REQUEST FOR THE APPROVAL OF REZONING OF LAND LOCATED AT 4001 LAKEBREEZE AVENUE FROM C-2 (COMMERCE) TO PUD-MIXED C-1/I-1 (PLANNED UNIT DEVELOPMENT-MIXED COMMERCE AND INDUSTRIAL PARK) Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2012-002 submitted by Paul Hyde of Real Estate Recycling LLC for approval of rezoning of land located at 4001 Lakebreeze Avenue from C-2 (Commerce) to PUD-MIXED C- 2/1-1 (Planned Unit Development-Mixed Commerce and Industrial Park). He noted the City Council and Metropolitan Council had approved a land use change from OS-Office/Service Business to a new Mixed-Use OS/I-Office-Service Business/Industrial. Mr. Benetti advised of asbestos contamination found on the site and that Mr. Hyde is actively seeking grants to clean the site. It was noted the development and site plans will come before the City Council at a future meeting. Mr. Benetti advised of the Planning Commission's consideration and recommendation for approval of the rezoning element at its April 12, 2012 meeting. Mr. Benetti answered questions of the City Council relating to the 50-foot buffer and 8-foot high fence with landscaping along Azelia Avenue North to screen single-family and duplex properties. He advised that the trail easement complies with the Three Rivers Park District requirement and will create a connection at the southwest corner. Mr. Benetti stated some cutting may be required into the hill to accommodate a 10-foot trail. 1. RESOLUTION NO. 2012-62 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012- 04/23/12 -5- DRAFT I i 002 SUBMITTED BY PAUL HYDE OF REAL ESTATE RECYCLING, LLC, FOR A REZONING OF LAND LOCATED AT 4001 LAKEBREEZE AVENUE NORTH FROM C2 (COMMERCE) TO PUD-MIXED C2/I-1 (PLANNED UNIT DEVELOPMENT-MIXED COMMERCE AND INDUSTRIAL PARK) Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2012-62 Regarding the Recommended Disposition of Planning Commission Application No. 2012-002 Submitted by Paul Hyde of Real Estate Recycling, LLC, for a Rezoning of Land Located at 4001 Lakebreeze Avenue North From C2 (Commerce) To PUD-Mixed C2/I-1 (Planned Unit Development-Mixed Commerce and Industrial Park) Motion passed unanimously. 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED IN THE MOST SOUTHERLY SECTION OF THE CITY OF BROOKLYN CENTER, SITUATED BETWEEN AZELIA AVENUE NORTH TO THE WEST, LAKEBREEZE AVENUE NORTH TO THE NORTH, AND HIGHWAY 100 TO THE EAST AND SOUTH (ADDRESSED AS 4001 LAKEBREEZE AVENUE NORTH) Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading of an Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the Most Southerly Section of the City of Brooklyn Center, Situated Between Azelia Avenue North to the West, Lakebreeze Avenue North to the North, and Highway 100 to the East And South (Addressed as 4001 Lakebreeze Avenue North) and set second reading and Public Hearing for May 14, 2012. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2012-005 SUBMITTED BY BORDER FOODS, INC. REQUEST FOR THE APPROVAL OF A VARIANCE TO CITY CODE SECTION 35-703 AND SITE AND BUILDING PLAN APPROVAL OF A NEW TACO BELL RESTAURANT LOCATED AT 5532 BROOKLYN BOULEVARD Mr. Benetti provided an overview of Planning Commission Application No. 2012-005 submitted by Border Foods, Inc. for approval of a variance to City Code Section 35-703 and site and building plan approval of a new Taco Bell Restaurant located at 5532 Brooklyn Boulevard. Mr. Benetti advised the Planning Commission recommended approval of the application at its April 12, 2012,meeting subject to conditions as detailed in the draft resolution. Mr. Benetti answered questions of the City Council relating to the drive-thru configuration and one-way service lane that will remove drive-thru traffic from internal customer traffic. It was noted that over 60% of business is conducted via the drive-thru but it moves very quickly. 04/23/12 -6- DRAFT The City Council discussed the project and stated its appreciation to Taco Bell for presenting an improved layout; however, concern was expressed about the drive-thru circulation. Mr. Benetti acknowledged the site is constrained but it is felt the proposed layout will work. He indicated the driveway locations meet the requirement for a 50-foot separation and the drive-thru lane will have 136-12 concrete curb to address runoff. The City Council agreed there is clear justification for variance consideration. With regard to the deteriorating condition of Brooklyn Boulevard Lane, Mr. Benetti advised it is a private roadway and the responsibility of the businesses. Mr. Boganey stated all of the owners have a joint agreement that requires them to be responsible for upkeep and maintenance of that private roadway. 1. RESOLUTION NO. 2012-63 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-005 SUBMITTED BY BORDER FOODS, INC. FOR THE APPROVAL OF A VARIANCE TO CITY CODE SECTION 35-703 AND SITE AND BUILDING PLAN APPROVAL OF A NEW TACO BELL RESTAURANT, LOCATED AT 5532 BROOKLYN BOULEVARD Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2012-63 Regarding the Disposition of Planning Commission Application No. 2012-005 Submitted by Border Foods, Inc. for the Approval of a Variance to City Code Section 35-703 and Site and Building Plan Approval of a New Taco Bell Restaurant, Located at 5532 Brooklyn Boulevard. Barbara Schneider, representing Border Foods, thanked the City Council for its consideration and positive comments. She reported they continue to work with staff to address questions raised and provide requested documentation. Ms. Schneider indicated Taco Bell has- several other drive-thru locations that successfully operate with this configuration, noting the radius complies with franchisor standards for site development. With regard to timing, Ms. Schneider explained if approved tonight, they will submit plans for permitting, go out for bids, demolish the building, start site work/construction in June, and it will take 100 days to erect the new building. The City Council stated its appreciation to Taco Bell for having faith in Brooklyn Center and willingness to redevelop. Ms. Schneider stated the owners of this business and senior staff live in Minneapolis, the business participates with the food shelf, and is a member of the community. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5240 DREW AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning 04/23/12 -7- DRAFT I advised that 5240 Drew Avenue N. was inspected and 20 property code violations were cited and ultimately corrected. There have been 6 validated police incidents/nuisance calls within the last 12 months. This property was previously licensed as a Type III Rental License and 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 Ryan moved and Councilmember Lasman seconded to accept the staff report. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lasman seconded to open the hearing. Motion passed unanimously. Brad Schumacher, property owner of 5240 Drew Avenue N., noted violation of the City's Crime Free Housing Ordinance results in tenant eviction; however, in the case of car theft it results in punishing the victim of the car theft and placing them at a disadvantage. Mr. Schumacher suggested the City Council reconsider this provision so tenants are not afraid to call the police. He indicated his parking lot is being used by those trafficking drugs at Twin Lakes Manor, which results in attributing additional police calls to his property and an inability to receive a higher level of rental licensure. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Lasman seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5240 Drew Avenue N., with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 4306 65TH AVENUE NORTH Ms. Schleuning advised that 4306 65`t' Avenue N. was inspected and 21 property code violations were cited and ultimately corrected. This is a new rental license. The 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 04/23/12 -8- DRAFT I plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to accept the staff report and open the hearing. Motion passed unanimously. No one appeared to address the Council. Councilmember Lasman moved and Councilmember Myszkowski 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 4306 65th 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. 10c. RESOLUTION NO. 2012-64 ORDERING CORRECTIONS OF HAZARDOUS AND NUISANCE CONDITIONS AT 6701 BRYANT AVENUE NORTH, BROOKLYN CENTER Ms. Schleuning introduced the item and advised this property (both house and garage) were significantly damaged by fire and considered a significant health hazard. She presented the history of action with this property, abatement that occurred, and indicated the property was not in compliance. Ms. Schleuning advised the property is under new ownership but due to the length of time the accessory and principal structures have been in a hazardous condition, staff recommends authorization to abate the nuisance. The City Council acknowledged the structures posed a health hazard and asked questions relating to the process. Ms. Schleuning advised that if approved tonight,the prosecuting attorney will serve this order and the property owner will have ten days to demolish the garage. It was indicated additional study was needed relating to the interior work required for the house structure. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-64 Ordering the Correction of Hazardous Conditions and further for the Abatement of Public Nuisances, Safety and Health Hazards with Respect to that Real Estate Located at 6701 Bryant Avenue N., Brooklyn Center, Minnesota 55430 Legally Described as Lot 8, Block 1, West River Estates, Hennepin County, Minnesota in the City of Brooklyn Center, Hennepin County, Minnesota and its owner Latin Work Remodeling Corp., a Minnesota Domestic Corporation. 04/23/12 -9- DRAFT Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following: • April 10, 2012, Brooklyns Bridge Youth Alliance Meeting • April 11, 2012, City Council Joint Session with Commissions • April 12, 2012, Brooklyns Youth Council Future Fair at Brooklyn Center High School • April 13, 2012, Annual Fire Department Appreciation Dinner • April 15, 2012, Brooklyn Center Fire Department Relief Association Pancake Breakfast • April 17, 2012, Joint Meeting of the Housing Commission and Park and Recreation Commission at Happy Hollow Park Relating to Community Gardens • April 18, 2012, Annual Crime Prevention Police and Citizen's Awards Ceremony Councilmember Myszkowski reported on her attendance at the following: • April 11, 2012, City Council Joint Session with Commissions • April 12, 2012, Brooklyns Youth Council Future Fair at Brooklyn Center High School • April 13, 2012, Annual Fire Department Appreciation Dinner • April 14, 2012, EarthFest • April 17, 2012, Earle Brown Days Committee Meeting • April 17, 2012, Joint Meeting of the Housing Commission and Park and Recreation Commission at Happy Hollow Park Relating to Community Gardens • April 18, 2012, Annual Crime Prevention Police and Citizen's Awards Ceremony • April 20, 2012, Meeting with Retiring Brooklyn Center High School Superintendent Keith Lester Councilmember Myszkowski announced that the Northwest Regional Family Services Center was chosen by Minneapolis/St. Paul Business Journal as a finalist as for the "Best in Real Estate" award. Councilmember Lasman reported on her attendance at the following: • April 11, 2012, City Council Joint Session with Commissions • April 13, 2012, Brooklyn Center Fire Fighters Awards Dinner • April 14, 2012, Luncheon Meeting with representatives of the Muslim Community • April 14, 2012, EarthFest • April 15, 2012, Brooklyn Center Fire Department Relief Association Pancake Breakfast • April 17, 2012, Joint Meeting of the Housing Commission and Park and Recreation Commission at Happy Hollow Park Relating to Community Gardens • April 18, 2012, Annual Crime Prevention Police and Citizen's Awards Ceremony • April 18, 2012, Crime Prevention Meeting • April 21, 2012, Brooklyn Center Great Shingle Creek Cleanup Councilmember Kleven indicated she would not comment on seven events that have already been mentioned and reported on her attendance at the following: • April 12, 2012, Brooklyns Youth Council Future Fair at Brooklyn Center High School 04/23/12 -10- DRAFT I • April 12, 2012, Planning Commission Meeting • April 15, 2012, Brooklyn Center Fire Department Relief Association Pancake Breakfast • April 16, 2012, Checked on the mural painting but it was canceled due to inclement weather • April 18, 2012, Senior Spring Forum • April 21, 2012, Marlin Park and Lakeside Park Cleanup Mayor Willson reported on his attendance at the following: • April 10, 2012, Brooklyns Bridge Youth Alliance Meeting • April 11, 2012, City Council Joint Session with Commissions • April 13, 2012, Brooklyn Center Fire Department Appreciation Dinner • April 14, 2012, Luncheon Meeting with representatives of the Muslim Community • April 15, 2012, Brooklyn Center Fire Department Relief Association Pancake Breakfast • April 18, 2012, Annual Crime Prevention Police Citizen's Awards Ceremony • April 19, 2012, Speaking Engagement at ITT Technical School Classes 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:49 p.m. Motion passed unanimously. 04/23/12 -11- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION APRIL 23, 2012 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 9:06 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. HIGHWAY 252 UPDATE The City Council/EDA continued its discussion of the TH252 corridor. Mayor/President Willson noted the Study Session discussion of the City Council/EDA was reaching consensus to support Phase 1 for a feasibility study to establish talking points for working with Mn/DOT and seeking funding. Councilmember/Commissioner Myszkowski stated she finds this to be a quality of life and reputation issue and supports moving forward with the feasibility study. Councilmember/Commissioner Ryan asked if there is prospect for the City to recover any or all of the $60,000. City Manager Curt Boganey recommended the City Council/EDA not count on it. Councilmember/Commissioner Ryan asked about potential budget impacts. Mr. Boganey advised there would be no impact on this year's operating budget because the study could be paid using the $200,000 contingency fund or 2011 budget surplus. Councilmember/ Commissioner Ryan stated with the conclusion of the Brooklyn Boulevard Study and funding resources,he would support moving forward with a feasible study. Councilmember/Commissioner Lasman asked about use of funding from TIF 2. Mr. Lillehaug explained that a certain amount in TIF 2 had been dedicated to transportation studies; however, a portion was used to pay for the Brooklyn Boulevard Study. Councilmember/Commissioner Lasman stated support to proceed with a feasibility study based on available funding and because this intersection is ranked #3 in the State for annual crash costs; however, the corridor plan will need to provide adequate exits to the eastern side (Riverwood neighborhood) of Brooklyn Center. 04/23/12 -1- DRAFT Councilmember/Commissioner Kleven a agreed plan is needed but asked how the City would g p Y fund a $6 million project to correct an intersection. Mr. Lillehaug responded that while the City will have to pay its share, it would not be the majority of the cost. He noted the feasibility study would also identify interim strategies that can be discussed with Mn/DOT and other partnering agencies. In addition, accident rates will place the request at the top for Federal and State funding. Mr. Lillehaug indicated that a multiple source funding package will be developed with the implementation plan. Mr. Boganey commented that realistically it may take a decade or more before the ultimate solution is realized. Because this is a State highway, Mn/DOT can construct the project it wants but moving forward with a feasibility study allows the greatest ability for the City to influence the final outcome to assure it maximizes the benefit to Brooklyn Center. The feasibility study would set the framework so the City's issues are at the top of the priority process rather than being in a reactive stance to Mn/DOT's plan. The City Council/EDA acknowledged the ultimate solution may take some time and asked staff to provide additional information on the intersections that are ranked #1 and #2 by the State for annual crash costs. Mayor/President Willson asked whether Mn/DOT has commented on recent improvements from 85th to 73rd Avenues. Mr. Lillehaug described the corridor improvements made by Mn/DOT and advised that the TH252 corridor was no longer included in Mn/DOT's 30-year transportation plan for major improvements. Mayor/President Willson stated it is clear from the intersection diagram presented by Mr. Lillehaug that it is "crying out" for redevelopment. He supported investing money in a feasibility study because it will create a platform and forum to move things forward as well as create talking points. In addition, the feasibility study will show Mn/DOT and the Legislature the City has made an investment and identified the TH252 corridor is taking lives. Mr. Boganey stated the ideal scenario would be to come out of the feasibility study with consensus that would include Mn/DOT and Brooklyn Park, noting both will be at the table and it would be nice if all three entities have a common vision to move the issue forward. The majority consensus of the City Council/EDA was to pursue Phase 1, feasibility study. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Myszkowski seconded adjournment of the City Council/Economic Development Authority Work Session at 9:26 p.m. Motion passed unanimously. 04/23/12 -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 BOARD OF APPEAL AND EQUALIZATION APRIL 30, 2012 CITY HALL—COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council met as the Board of Appeal of Equalization and the meeting was called to order by Mayor Tim Willson at 7:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven; Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, City Assessor Nancy Wojcik, Appraiser Jill Brenna, Appraiser Technician Jason Vaith, and Deputy City Clerk Maria Rosenbaum. 2. LOCAL BOARD OF APPEAL AND EQUALIZATION (LBAE) CERTIFICATION FORM City Assessor Nancy Wojcik introduced the Local Board of Appeal and Equalization and discussed the Certification form. 3. THE PURPOSE OF THE LOCAL BOARD OF APPEAL AND EQUALIZATION Ms. Wojcik explained the purpose of the Local Board of Appeal and Equalization. 4. QUESTIONS REGARDING THE LOCAL BOARD OF APPEAL AND EQUALIZATION DUTIES There were no questions regarding the Local Board of Appeal and Equalization duties. 5. THE ASSESSOR'S REPORT Ms. Wojcik reported that the 2012 assessment has experienced declining market valuations, though certain types of property are not continuing that trend. Lender-mediated sales continued to dominate the market for sales of residential properties and commercial/industrial properties saw variations in changes based on property use. Smaller and/or older style apartments are holding flat at last year's values; growth is beginning to be seen in the overall apartment market in suburban Hennepin County. 04/30/12 -1- DRAFT i Ms. Wojcik reported on sales for residential, commercial/industrial, and apartments occurring during the October 1, 2010, through September 30, 2011, study period, along with Comparisons of the Brooklyn Center Assessed Value by Property Type for 2012 to 2013 Tax Payable Years; Percentages of Parcels Changing in Estimated Market Value 2011 to 2012; Residential Median Assessed Value and Tax Capacity Tax Years 2003-2013; Median Sale Prices; Commercial and Industrial Analysis by Use 2011 versus 2012; and Apartment Analysis 2012 versus 2011. During the summer of 2011 the Assessor's Office conducted property reviews within an area located north of 651h Avenue North, west of Xerxes and South of 73`d Avenues to the westerly City limits. The summer inspections began at the end of April 2011 and included approximately 1,700 parcels; all quintile inspections were completed by the end of October 2011. The overall value changes made to the 2012 assessments were as follows: Citywide (including all property types) -7.0 percent Citywide (excluding new construction) -8.3 percent Citywide (residential single-family detached only) -11.8 percent Citywide (excluding new construction) -11.9 percent Commercial (excluding new construction) -3.1 percent Industrial (excluding new construction) -1.2 percent Apartments (excluding new construction) 0.7 percent Condominiums (excluding new construction) -5.6 percent Townhouses (excluding new,construction) -20.1 percent Double Bungalows (excluding new construction) -14.9 percent Residential Neighborhoods: #50455 Residential Off Water -11.8 percent #56 Residential Waterfront -15.9 percent 6. QUESTIONS REGARDING THE ASSESSMENT REPORT There were no questions regarding the Assessment Report. 7. APPEARANCES BY TAXPAYERS WITH APPOINTMENTS The following addressed the Board to appeal their 2012 estimated market values: Spencer Ung, Ung Properties, LLP, 5301 Dupont Avenue North, expressed that he believes the value is too high; and the property was listed on the market for $309,000 for over one year and also listed for $329,000 for the past two prior years. Mr. Ung believes that the values should be based on supply and demand markets and as an investor he asked if the Board would consider reducing the value from anywhere in the range of$260,000 to $290,000. Ms. Wojcik read her report and explained staff's recommendations for the property located at 5301 Dupont Avenue North as included in the packet. After reviewing market listings, the list time of the subject, sale comparables, and the market derived income approach, it is her 04/30/12 -2- DRAFT I I I recommendation to reduce the subject property for the 2012 assessed value from $326,000 to $300,000 or a total of$50,000 per unit for taxes payable in 2013. The reduction is supported by the sales comparable approach and current market listing. A motion by Councilmember Lasman, seconded by Councilmember Ryan to reduce the 2012 estimated market value of $326,000 to $300,000 for taxes payable in 2013. Motion passed unanimously. Nhut Van Dang, 3707 501h Avenue North, expressed that he believes the 2012 assessment is overestimated and informed that after fixing the property to bring the value up he has been struggling with keeping it up and has been in the negative for the past three years. Ms. Wojcik read her report and explained staff's recommendations for the property located at 3707 50th Avenue North as included in the packet. After reviewing market listings, comparable sales and market rents, equal weight was placed on the market derived income approach and the market comparable sales. The indicated $67 per sq. ft. from the income approach falls within the market comparable sale price range of$66 to $84 per sq. ft. Both approaches support a $67 per sq. ft. valuation of the property. It is her recommendation to reduce the 2012 assessed value of $398,100 to $375,500 for taxes payable in 2013. A motion by Councilmember Lasman, seconded by Councilmember Myskowski to reduce the 2012 estimated market value of$398,100 to $375,500 for taxes payable in 2013. Motion passed unanimously. 8. APPEARANCES BY TAXPAYERS WITHOUT AN APPOINTMENT Kurt Graham, 6913 Oliver Avenue North, addressed the Board to appeal the 2012 assessment for this property and explained that he has a professional to represent him however his representative was not able to make the meeting tonight. Ms. Wojcik informed she was able to review this property but still needs to put together an appraisal report and that Mr. Graham's Appraiser had called and he would not be able to appear on April 30, 2012, but would on May 7, 2012. There was consensus of the Board for this property to be continued to the Board of Appeal and Equalization meeting on May 7, 2012, at 6:00 p.m. Michael Haase, 3607 50th Avenue North, addressed the Board to express that he believes the value is too high and that he would like to see it reduced to $125,000, due to his recent purchase. There was consensus of the Board for this property to be continued to the Board of Appeal and Equalization meeting on May 7, 2012, at 6:00 p.m. Monte Hanson, 3715 501h Avenue North, addressed the Board to ask that they consider, a reduction as he believes the property is only worth$700,000. 04/30/12 -3- DRAFT There was consensus of the Board for this property to be continued to the Board of Appeal and Equalization meeting on May 7, 2012, at 6:00 p.m. 9. CONSIDERATION OF WRITTEN APPEALS The following provided written appeals and were not present. Chet Yancey, Regal Cinemas Inc., 6420 Camden Avenue North, expressed that he believes there is a high degree of economic obsolescence for this theater style due to the cash flow that decreased by 89 percent since 2006 and the total revenues decreasing by 44 percent. The estimated market rent exceeds the amount the owner could pay in order to have positive cash flow. Ms. Wojcik discussed that Hennepin County indicated that a request for this large of a reduction is not typically handled in this venue. Large discrepancies are usually handled in Minnesota Tax Court. She added that changes in valuation that exceed $250,000 are reviewed by the Minnesota Department of Revenue. There was consensus of the Board for this property to be continued to the Board of Appeal and Equalization meeting on May 7, 2012, at 6:00 p.m. Lee Sarin, 5810 Xerxes Avenue North, submitted an application for appeal of the $1,370,000 2012 estimated market value and a review has been set for Tuesday, May 1, 2012. There was consensus of the Board for this property to be continued to the Board of Appeal and Equalization meeting on May 7, 2012, at 6:00 p.m. Chris Kennelly, Brooklyn Center Hospitality LLC, 2050 Freeway Boulevard, submitted an application for appeal of the $1,805,000 2012 estimated market value and a time needs to be set to review the property. 10. SET DATE OF LOCAL BOARD OF APPEAL AND EQUALIZATION RECONVENE MEETING Councilmember Lasman moved and Councilmember Myszkowski seconded to reconvene the Board of Appeal and Equalization meeting on May 7, 2012, at 6:00 p.m. Motion passed unanimously. 11. ADJOURN Councilmember Ryan moved and Councilmember Lasman seconded to recess the meeting at 8:04 p.m. Motion passed unanimously. 04/30/12 -4- DRAFT City Council Agenda Item No. 6b I COUNCIL ITEM MEMORANDUM DATE: May 8, 2012 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Cleric SUBJECT: Licenses for City Council Approval Ayu- Recommendation: It is recommended that the City Council consider approval of the following licenses at its May 14, 2012. i 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. FIREWORKS—TEMPORARY STAND TNT Fireworks 3245 County Road 10 GARBAGE COLLECTION VEHICLE Curbside Waste 5232 Hanson Court N, Crystal MECHANICAL Air Rite Heating&A/C 15731 Hallmark Path,Apple Valley Aaztec Heating 9741 Humboldt Ave N,Bloomington Crown Mechanical 1670 S Robert Street, West St.Paul Flare Heating&A/C 9303 Plymouth Ave N,Golden Valley Heating&Cooling Design Inc. 10830 Able Street NE,Blaine Horwitz Inc. 4401 Quebec Avenue N,New Hope LBP Mechanical,Inc. 315 Royalston Avenue N,Minneapolis Metro Plumbing&Heating Inc. 545 8th Avenue N, St. Joseph Minnesota Master Plumbing 24128 E Typo Drive NE, Stacy Seasonal Heating and Air Cond 8565 80th Street N, Stillwater Sharp Heating&Air 7221 University Avenue NE,Fridley Tim's Quality Plumbing 523 Central Avenue, Osseo MOTOR VEHICLE DEALERSHIP Brookdale Honda 6801 Brooklyn Blvd Brookdale Metro Mitsubishi 7235 Brooklyn Blvd Luther Brookdale Buick GMC 430168 1h Ave N Luther Brookdale Chevrolet 6701 Brooklyn Blvd RENTAL See attached report. SIGN HANGER Taurus Sign 1790028 01h Street, Shafer Mission:Ensuring an attractive,clean,safe,inclusive:connnunity that enhances the g1tadits'of 1ii for all people and preserves the public trust i 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 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+units Greater than 0.75 but not more than 15 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3+units Greater than'1.5 but not:more`than 3 Type IV—6 Months 1-2 units Greater than 8 3+units ; Greater.than 3 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater.than 0;25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4'units Greater than:1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. I Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the qualiti'of 1ife for all people and preserves the public trust Rental Licenses fcr Council Approiral on,Nlay 14, 2012r 44 y J. Property Final Previous Dwelling Renewal Code License Police' License License Property Address Type or Initial Owner . Violations Type CFS* Type** Type*** 4007 65th Ave N Single Family Initial David Bourne 4 II N/A II 5332 Knox Ave N Single Family Initial Ira Kovalsky 3 II N/A II 4207 Lakeside Ave N#337 Single Family Initial Adrian Jimenez 1 II N/A II 6730 Perry Ave N Single Family Initial Thinh Nguyen 5 III N/A III 4201 Winchester La Single Family Initial Theresa Burns/Eric Poehler 3 II N/A II 1425 55th Ave N 1 Bldg 9 Passed w/Weather Deferral 4 Units Renewal Trung Duong 2.25/Unit III 1 III N/T 1 Bldg 9 7240 West River Rd 7 Units Renewal Nedzad Ceric 1.29/Unit II 0 II N/T 2 1 5328-30 Queen Ave N Two Family(2) Renewal Chad and Amy Bucher 1/Unit I .5/Unit I N/T 3807 61st Ave N Single Family Renewal Toshie Metzger 0 1 0 1 N/T 5313 62nd Ave N Single Family Renewal Doua Yang 0 1 0 1 N/T 1706 71st Ave N Passed w/Weather Deferral Single Family Renewal Patricia Sandeen 4 II 0 II N/T 5742 Fremont Ave N Single Family Renewal Bruce Goldberg 2 II 0 11 IV 5419 Humboldt Ave N Single Family Renewal lCecilia Pineda 0 1 0 1 N/T 6777 Humboldt Ave N Single Family Renewal Andrey Ryvlin 6 III 0 III III 2701 O'Henry Rd Passed w/Weather Deferral Single Family Renewal Sherman Kho 1 1 4 III IV 6907 Quail Ave N Single Family Renewal Tony&Carmen Holder 5 III 0 III N/T 4734 Twin Lake Ave Single Family Renewal jElizabeth Becht 1 1 0 1 N/T 5842 Washburn Ave N Passed w/Weather Deferral Single Family Renewal Daniel Pryde 1 1 0 1 N/T *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 ***Initial licenses will not show a previous license type; N/T indicates No Type since it was under the previous 2-year rental license program All properties are current on utilities and property taxes Type 1 =3 year Type 11=2 year Type III=1 year I City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM . DATE: May 14, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk AW-Kr� SUBJECT: Joint City Council/Financial Commission Budget Work Sessions Agenda Item No. 6c Recommendation: It is recommended that the City Council consider the revised Budget Work Session schedule as follows: Monday, July 2 6:30 PM Budget: CIP and Capital Project Fund Monday, July 30 6:30 PM Budget: Debt Service, Special Revenue, Property Tax, General Fund Monday, August 20 6:30 PM Budget: General Fund and Property Tax Levy Monday, October 15 6:30 PM Budget: Utility Funds and Rates Monday, October 29 6:30 PM Budget: Enterprise Funds and Final Issues Background: • Included in the packet as Agenda Item No. 6c is a memorandum from Finance Director Daniel Jordet proposing a schedule of joint City Council/Financial Commission budget work sessions. One of the dates on the schedule is Monday, August 6, which is the night of the National Night Out Kickoff event in Centennial Park. The schedule has been amended to move and combine the General Fund discussion with the July 30 Work Session,thereby removing the August 6 meeting date. Budget Issues: There are no budget issues to consider. Council Goals: Ongoing: 2. We will ensure the financial stability of the City 3. We will move toward maintaining or lowering the level of the City's property taxes • Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the duality of life for all people and preserves the public trust City of Brooklyn Center Amended 05114112 2012 City Council Meeting Schedule Regular City Council Meetings Special City Council Meetings Council Chambers All dates are Monday unless otherwise noted. City Hall anuary 30 - 5:00 p.m. Canvass Returns of Special Election Cc Stud /Work Session 6:00 P.M. March 3(Saturday) 8:00 a.m. y p' Facilitated Retreat EBHC Informal Open Forum 6:45 p.m. April 11 (Wednesday) 6:00 p.m. Joint Session w/Commissions CH Regular Session 7:00 P.M. RESCHEDULED TO APRIL 30 7WO """'• Work Session immediately following 6:00 m. (Continued) Regular Session April IM 30 p.m. NIMS Training Brooklyn Center City Council regularly April 30 7:00 p.m. meets the 2nd and 4th Monday each Board of Appeal & E ualization CC May 7 6:00 p.m. month, unless Monday is a holiday. Continued Board of Appeal & Equalization CC January 9 June 4 6:30 p.m. January 23 Work Session w/Auditor and Budget Work Session February 13 w/Financial Commission CC February 27 my 2 - f:30 pm. March 12 Bud et Work'Session w/Financial Commission CC, March 26 my 30 6;30 p.m. April 9 B et Work Session w/Financial Commission : 'CC ud April 23 August 17 (Friday) 5:00 P.M. May 14 Canvass Returns of Primary Election CC May 29 (Tuesday) ugust 20 6 30 p m.. • June 11 Bud et Work.Session w/Financial Commission CC ctober 15. :6 30 p rri: June 25 Bud et Work,Session w/Financial Commission CC July 9 October 29 6 30 p.m.- July 23 Bud et Work Session w/Financial Commission CC August 13 November 13 (Tuesday) 5:45 p.m. August 27 Canvass Returns of General Election CC September 10 December 3 7.00 p.m. CC September 24 2013 Bud et Hearin October 8 October 22 November 13 (Tuesday) November 26 December 10 All dates are subject to change. Call City Hail at 763-569-3300 to verify dates and times. Strikethrough indicates meeting has been CANCELED. cc— Council Chambers located in upper level City Hall CR— Council/Commission Conference Room located in lower level City Hall CH— Constitution Hall located at Community Center • EBHC— Earle Brown Heritage Center, 6155 Earle Brown Drive i COUNCIL ITEM MEMORANDUM DATE: 24 April 2012 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Finance SUBJECT: Joint City Council/Financial Com 'ion Work Sessions on 2013-2014 Budget Recommendation: It is recommended that the City Council consider amending the 2012 City Council Meeting Schedule to add the following sessions: Monday, July 2 6:30 PM Budget: CIP and Capital Project Funds Monday, July 30 6:30 PM Budget: Debt Service, Special Revenue, Property Tax Monday, August 6 6:30 PM Budget: General Fund Monday, August 20 6:30 PM Budget: General Fund and Property Tax Levy Monday, October 15 6:30 PM Budget: Utility Funds and Rates Monday, October 29 6:30 PM Budget: Enterprise Funds and Final Issues Background: These meetings will be held a joint working sessions of the City Council and the Financial Commission to review and discuss the proposals, issues, sources and uses of funding and priorities for the 2013 and 2014 budgets. Budget Issues: There will not be significant costs incurred as a result of holding these meetings. Council Goals: Ongoing: 2. We will ensure the financial stability of the City 3. We will move toward maintaining or lowering the level of the City's property taxes Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM DATE: May 14,2012 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business &Development SUBJECT: Resolution Supporting an Application by Aeon for Twin Cities Community Land Bank (TCCLB) Environmental Financial Response Funds. (View Pointe at Shingle Creek) Recommendation: It is recommended that the City Council consider approval/adoption of a Resolution Supporting an Application by Aeon for Twin Cities Community Land Bank (TCCLB) Environmental Financial Response Funds. (View Pointe at Shingle Creek) Background: Aeon, a non-profit developer, owner, and manager of high-quality affordable apartment homes in the Minneapolis/St.Paul area is in the process of acquiring the View Pointe at Shingle Creek 122 unit apartment building, located at 6221 Shingle Creek Parkway from the Department of Housing and Urban Development (HUD). To ensure that these apartments are providing a healthy living environment for its residents, Aeon will have a Phase I and Phase II Environmental Site Assessment; a Lead and Asbestos Inspection; and a Lead and Asbestos Operation and Management Plans completed before finalizing their acquisition and mortgage commitments for this project. On April 23, 2012, the City Council adopted Resolution 2012-61 which provided the City Council's support of Aeon's application to the Hennepin County Environmental Response Fund (REF) for$15,000 to cover the costs of these environmental reviews and plans. Due to the project timing and small amount of the ERF request, Hennepin County encouraged Aeon to resubmit the application to the Twin Cities Community Land Bank (TCCLB). Budget Issues: The Resolution provides for the City Council's support of Aeon's application to Twin Cities Community Land Bank ERF Program and does not involve a financial commitment or contribution by the City. Council Goals: Strategic: 2 We will stabilize and improve residential neighborhoods Mission:Ensming an attractive,cleat,safe,inclusive community that enhances the qualio,of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2012- RESOLUTION APPROVING AN APPLICATION BY AEON FOR TWIN CITIES COMMUNITY LAND BANK(TCCLB) ENVIRONMENTAL RESPONSE FUNDS (VIEW POINTE AT SHINGLE CREEK) WHEREAS, WHEREAS,Aeon, a non-profit developer, owner, and manager of high- quality affordable apartment homes in the Minneapolis/St. Paul area,has prepared an application requesting grant funds through the Environmental Response Fund (ERF)program; and, WHEREAS,the grant funds are proposed to be used for a Phase I and Phase II Environmental Site Assessment; Lead and Asbestos Inspections; and Lead and Asbestos Operation and Management Plans for View Pointe at Shingle Creek, a 122 unit HUD apartment building, located at 6221 Shingle Creels Parkway in Brooklyn Center; and, WHEREAS,the City Council authorizes the submission of an Environmental Response Fund(ERF) grant application to the Twin Cities Community Land Bank(TCCLB) and Hennepin County for various Brownfield investigation and/or remediation projects; and, j WHEREAS, the TCCLB may not distribute grant funds unless the governing body of the city in which the site is located approves the project. NOW, THEREFORE, BE IT RESOLVED that the City of Brooklyn Center approves Aeon's Environmental Response Fund Grant application being submitted to the Twin Cities Community Land Bank in May 2012 for Environmental Testing and Reports for the View Pointe at Shingle Creek Apartments project, located at 6221 Shingle Creek Parkway in Brooklyn Center. May 14,2012 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. '_ K UU x�� K~�U 8 U U u� �y ������"� � HoDI8S for (|SD2Iaf'0D% May 4,2012 8{c. Gary Bitel'Booiueox and I}orciopuucutDirector City of Brooklyn Center 63U1 Shingle Creek Parknny Brooklyn Center,b{N 55430 Re: Revised Application to Hennepin County's Environmental Response Fund (ERF) via the]-,vo Cities Community Land Bank [)cxr&{z. Ditel: Please extend our gratitude to the Brooklyn Center City Council for approvinga resolutiomiu support of ourapplication to Henncpiti County's ERF grant prograin on April 23,2012.We have since oo6oJttrd the application toHennepin County.Due to the project timing, the relatively aouxU IIRF request,and the focus on assessment Nvork,Hennepin County has encouraged-us to resubmit / theapplication to the T-%viti Cities Community Land Bank (TCCI.B).TCCLB has theability to distribute ERR funds sooner than the typical Hennepin County process for this types ofproject, which helps ensure that the funds xrcmmOx6leiutimoto complete die required environmental assessments before clonin�oo the funding 6n c 6� property. The revised ERF grant application includes the nuuze request of$15`U00 for the cost ofcompleting ' Phase land Phase 11 Environmental Site Assessments;Lead and Asbestos inspections;and Lead and Asbestos Operationand Maintenance Plans. Except for the revised resolution language to submit the application 0oTCC}JB'the request isodkeuvioonuchxugcd. Wo remain very excited to close ou the property and funding for die anticipated rehabilitation. Thank you again for the City's support.Please call nunut612'746-O522occuuxit Inc ut -with any questions. | �~--- / �"^^,""�c�u�oE[ Senior Developer ^ | i ` 901 North Third Street,Stifte|50,hfimnapoiis,hNI 55401 Ph 612-341-3148 v02-34l-4208 x%vNxaeoomuorg ' i COUNCIL ITEM MEMORANDUM DATE: May 8, 2012 . TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Providing a Nine Month Extension to the Time Period for the Submittal of the Evergreen Villas Final Plat Recommendation: It is recommended that the City Council consider approval of the resolution providing a nine month extension to the time period for the submittal of the Evergreen Villas final plat. Background: On November 14, 2011, the City Council adopted Resolution No. 2011-148 regarding the disposition of Planning Commission Application No. 2011-018, a Request for Preliminary Plat Approval of Evergreen Villas Submitted by Brett Hildreth on Behalf of 720 Company, LLC. This proposed new subdivision involves the replatting of two contiguous lots located and addressed as 720 69th Avenue North and 800 69th Avenue North. Attached for your reference is a copy of the resolution approving the preliminary plat and a copy of the preliminary plat. The subdivision ordinance identifies a six month period that an applicant has to submit a final plat; otherwise, the preliminary plat will be considered void unless an extension in writing by the subdivider is received and for good cause granted by the City Council. The applicant has provided an e-mail indicating that he is working with Hennepin County to rectify an error in the legal description that is required to be resolved before proceeding with the final plat. Given the nature of the delay, staff is recommending that a nine month extension be granted, which extends the deadline for final plat submittal until February 14, 2013. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. 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,saje,inclusive conrnurnitp that enhances the qualiti,gflije for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING A NINE MONTH EXTENSION TO THE TIME PERIOD FOR THE SUBMITTAL OF THE EVERGREEN VILLAS FINAL PLAT WHEREAS,the Planning Commission held a duly called public hearing on October 27, 2011, at which time a staff report and public testimony regarding the preliminary plat of Evergreen Villas were received; and WHEREAS,the City Council,on November 14,2011,adopted Resolution No.2011- 148 Regarding the Disposition of Planning Commission Application No. 2011-018, Submitted by Brett Hildreth on Behalf of 720 Company, LLC, a Request for Preliminary Plat Approval of Evergreen Villas; and WHEREAS,the City's subdivision ordinance requires the submittal of a final plat not later than six months after the date of approval of the preliminary plat; otherwise, the preliminary plat and final plat will be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the City Council; and WHEREAS, Brett Hildreth, on behalf of 720 Company, LLC, has submitted a request for an extension to allow the necessary property description issues to be resolved by the owner with Hennepin County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a nine month time extension for the submittal of the Evergreen Villas final plat is approved. May 14, 2012 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. Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2011-148 RESOLUTION REGARDING THE DISPOSITION OF PLANNING- COMMISSION APPLICATION NO. 2011-018, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF EVERGREEN VILLAS SUBMITTED BY BRETT HILDRETH ON BEHALF OF 720 COMPANY, LLC WHEREAS, Planning Commission Application No. 2011-018 submitted by Brett Hildreth on behalf of 720 Company, LLC requests approval of a Preliminary Plat of a new subdivision to be titled Evergreen Villas, which is a replat of two.contiguous lots generally located and addressed as 720-691h Avenue North and 800-691h Avenue North; and WHEREAS, this plat is being requested to create two separate lots for the benefit of an existing and to remain single family residential dwelling located at 720- 69tt' Avenue North and a larger,vacant lot for future residential development; and WHEREAS, the Planning Commission held a duly called public hearing on October 27, 2011 at which time a staff report and public testimony regarding the preliminary plat of Evergreen Villas were received; and WHEREAS, the Planning Commission has determined during its review of this preliminary plat submitted with Planning Application No. 2011-018, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 -Platting; and WHEREAS, the Planning Commission recommended approval of Application No. 2011-018 by adopting Planning Commission Resolution No. 2011-13 on October 27, 2011; and WHEREAS, the City Council considered same Application No. 2011-018 at its November 14, 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. 2011-018 submitted by Brett Hildreth on behalf of 720 Company, LLC requesting approval of a Preliminary Plat approval of a subdivision to be titled Evergreen Villas,be approved based upon the following considerations: 1. The final plat shall be subject to review and approval by the City Engineer. 2. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 3. Prior to final plat approval, all encroachments into or over proposed lot lines shall be removed and verified. RESOLUTION NO. 2011-148 4, No building permits shall be issued for any new dwellings until the plat has been given final approval by the City Council and filed with Hennepin County. 5. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). 6. The Applicant shall provide a 10 foot drainage and utility easement on all exterior lot lines. 7. The Applicant shall provide a 5 foot drainage and utility easement on all interior lot lines. 8. Disconnect existing sewer and water services at the main on Lot 1, Block 1. 9. Cure swing set encroachment(move swing set to one side of the property line or the other, dependent on owner). 10. Dedicate 70`h Avenue North as right-of-way including 2-ft behind the existing sidewalk on the final plat. 11. Install a new sanitary sewer service to 720 - 69`h Avenue that does not encroach on Lot 2 and remove the old service line. 12. The boundary and topographic survey must show the sanitary sewer and water service and material for the existing House. November 14 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan, and upon vote being taken thereon,the following voted in favor thereof: Tim Willson, Carol Kleven, Kay Dasman, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. ,SOUTH L ME OF ME AGRM 660 FEET OF LOT 52 S 89`53'59"E 166.85 ESENTS:That 720 Company,LLC,a Minnesota limited liability company,owner of the following described property situate in the County of Hennepin,State of Minnesota,to wit: ------- — 70TH AVENUE N. north 660 feet thereof and the south 239.25 feet of the west 160 feet of Lot 53,Auditors Subdivision No.309. -- 1 td platted as EVERGREEN VILLAS and does hereby dedicate to the public for public use forever the roadway and easements for utility and S89'53'S9°E p_24`pVZ6a LLC,has hereunto set thier hand this day of 20 ;Y;•//� i L_73g 08 I I I / I I LU I I W I I - edged before me this day of 20J by .its riled liabflity company on beahall of said company. / I N I (signature) I I (printed name) Notary Public County,Minnesota •'- j My Commission Expires 'AURTH 239.3 I \ hat this plat was prepared b me or under m direct supervision;that I am a dui Licensed Land Surveyor in the State of Minnesota;that this plat is S 89 P P P Y Y P Y Y P ry survey that all mathematical data and labels are correctly designated on this plat;that all monuments depicted on this plat have been,or will be N I O ---'-- ater boundaries and wet lands as defined in Minnesota Statutes,Section 505.01,Sued.3,as of the date of this certificate are shorn and labeled an I T and labeled on this plat. ^ 20 Z I 1 1 Gregory R.Prasch,Land Surveyor -- • o I Minnesota License No.24992 w I ly o I A I to More me on this day of 20_J by Gregory R.Prasch. I (Signature of Notary) (Nortarys Printed Name) I N P Notary Public .County,in Minnesota I u, My commission expires L------------22— — o ' 0.47— --- ----- - -- N 8959'42"W 326.1 N 89°59'42"Y( 2450.00 \�-S9JTH LINE OF LOTS 52 A s approved and accepted fry the City Council of the City of Brooklyn Center,Minnesota,at a regular meeting thereof held this @----ter — — — — — — — — --— ---- plicable the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received sw 114 oanc. South tine or the 5<r 114 or 5- 25, T Iriod has elapsed Without receipt of such comments and recommendations,as provided by Minnesota Statutes,Section 505.03,Subdivision 2. sec 25,Tnp.119,R 21 M < _ _ i ,__ _•;�, (Henn.Ca CIA1!ana) _. .. C . %it/ Mayor By City Clerk •--' - •' NT,Hennepin County,Minnesota in,and prior years have been paid for land described in this plat.Dated this_day of .20 Hennepin County Auditor By Deputy DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS ry,Minnesota 3838.565(1969)this plat has been approved this_day of 20 o DENOTES 1/2 INCH BY 14 RICH IRON PIPE I j MONUMENT SET AND MARKED BY LICENSE NUMBER 24992, UNLESS OTHERWISE INDICATED. ly Surveyor B Y 5 I I I • DENOTES FOUND 1/2 INCH IRON PIPE � 6 i MONUMENT.)unty,Minnesota I L--_____ EVERGREEN VILLAS was filed in this office this day of 20_at o clock_M. J SCALE IN FEET BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES AND 10 FEET IN WIDTH AND ADJOINING ray st of Titles By Deputy RIGHT OF WAY LINES AS SHOWN HEREON. 20 0 20 40 City Council Agenda Item No. 6f i COUNCIL ITEM MEMORANDUM DATE: 1 May 2012 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Finance SUBJECT: Write Off of NSF Checks Recommendation: It is recommended that the City Council consider a motion approving write-off of checks returned to the City for reasons of insufficient funds or closure of accounts. Background: The City accepts checks in payments of a variety of services provided to citizens. On occasion, a check is returned to the City for reasons of either insufficient funds in the account to cover it or because the maker of the check has closed the account. In the case of insufficient funds (NSF) the check is re-deposited and sometimes clears or sometimes returns to the City with another "NSF" designation. Checks may only be presented twice. In the case of checks returned twice or checks returned because of account closures, letters are sent to the last known address of the individual requesting payment by cashier's check, credit card or by cash. In the case of payment for utilities or other assessable services, the amounts are assessed against the property of the individual when possible. The rest of the non-collected checks are sent to the NRI collection agency. There is a four year limit on collection of bad checks as set by state statute. Attached is a list of checks not collected which have passed the four year limit for collection. Staff is requesting permission to write them off against the accounts originally receiving the revenue. Budget Issues: Current revenues will be reduced by the amount of the write off. Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources 2. We will ensure the financial stability of the City Mission:Enswing an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust i City o f Brooklyn Center Uncollectible Checks April 2012 Check Date' Payor's Name Payable to Bank Code Amount 06/13/2007 Harris, Paul Centerbrook NSF $ 17.00 11/28/2005 Remmers,Jennifer COBRA NSF $ 1,155.87 01/27/2006 Siso,Samuel CARS NSF $ 37.00 03/08/2006 Lira-Pinedo, Manuel CARS Account Closed $ 22.00 06/12/2006 Attipou, Attigobe CARS NSF $ 40.00 06/22/2006 Mitchell,Jaquinetta CARS NSF $ 30.00 10/04/2006 Smith, Carlos,Jr CARS Account Closed $ 35.00 11/10/2006 Barrow, Sandra CARS NSF $ 18.55 01/20/2007 Alujubaliah, Shadiya CARS Account Closed $ 10.00 01/27/2007 Riley, Marcus CARS NSF $ 200.00 07/11/2007 George, Dawn CARS NSF $ 25.00 Gadbois, Eugene CARS NSF $ 3.75 Morgan,Terrie CARS NSF $ 40.00 06/13/2007 Burlingame,Jon CARS NSF $ 540.00 $ 2,174.17 i City Council Agenda Item No. 6g Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO PARTNER WITH HENNEPIN COUNTY AND OTHER CITIES IN THE COUNTY TO DEVELOP AND IMPLEMENT ACTIVE LIVING STRATEGIES WHEREAS,Hennepin County is one of eight communities contracted by Blue Cross and Blue Shield of Minnesota to create Active Living initiatives; and WHEREAS, Hennepin County is one of seventeen communities funded by the Minnesota Department of Health's Statewide Health Improvement Program to increase use of Active Transportation through increases in bicycling and walking for utilitarian purposes; and WHEREAS, representatives from Hennepin County; the cities of Bloomington, Brooklyn Park, Crystal, Excelsior, Golden Valley, Hopkins, Independence, Maple Plain, Minnetonka, New Hope, Robbinsdale, and St. Louis Park; McGough Companies; Metropolitan Council; Metro Transit; Three Rivers Park District and others guide the county's Active Living process that began in 2006; and WHEREAS,physical inactivity and poor nutrition are leading causes contributing to increasing rates of obesity and other chronic diseases,and adult obesity was declared an epidemic in 2007 by the Director of the Centers for Disease Control and Prevention; and WHEREAS, health problems associated with physical inactivity and poor nutrition affect Hennepin County and its communities through reduced quality of life and higher medical costs —over$1 billion in Hennepin County per year; and WHEREAS, a 2007 countywide assessment and survey on active living clearly indicated both resident and official desire for increased opportunities and fewer barriers to physical activity; and WHEREAS,increased pedestrian and bicycle activity will reduce vehicle emissions and air pollution,thereby decreasing asthma attack rates and emergency room visits and promoting environmental sustainability; and WHEREAS,public rights-of-way can be designed,constructed,and maintained for multimodal transportation including vehicles,pedestrians and bicyclists; and WHEREAS,residents of Brooklyn Center often face physical and perceptual barriers that limit their ability and willingness to walk and bike to destinations within the county; and RESOLUTION NO. WHEREAS increased pedestrian and bicycle activity in Brooklyn Center neighborhoods can enhance social cohesion,increase neighborhood economic viability,and improve safety by having more eyes-on-the-street; and WHEREAS, Brooklyn Center strives to be a leader in multi-modal transportation, environmental, and public health programs; and WHEREAS, active living is defined as a way of life that integrates walking and biking into daily routines; and WHEREAS, Brooklyn Center is home to a broad group of talented and committed City employees and residents interested in promoting active living. NOW, THEREFORE, BE IT RESOLVED, that the Brooklyn Center City Council supports the Active Living Hennepin County vision"Hennepin-Active,Fit, and Healthy." BE IT FURTHER RESOLVED,that the Brooklyn Center City Council supports the Active Living Hennepin County mission to"Plan,provide and promote active living environments and opportunities for everyone." BE IT FURTHER RESOLVED,that the Brooklyn Center City Council supports the Active Living Hennepin County principles: a. Physical activity improves health and quality of life in our communities; b. Places should be designed to provide everyone—regardless of age, gender, language, ethnicity, economic status or ability with a variety of opportunities for safe, convenient, and affordable physical activity; C. Development patterns should encourage mixed uses,compact designs,and a variety of transportation choices that link roads, transit, bicycling and walking; d. Buildings and their landscapes should be designed with features that promote opportunities for active living and active transportation, including highly visible stairs, orientation to streets and sidewalks, bicycle facilities, and transit stops at main building entries; and e. Transportation systems, including transit and trails, should provide safe, convenient, and affordable access to destinations such as housing, employment, schools, and community services. RESOLUTION NO. BE IT FURTHER RESOLVED, that the City Manager directs staff to incorporate Active Livin g p olicie s,p lan s and implementation strategies physical i nfra structure and programs in Brooklyn Center and to identify funding resources to support active living infrastructure priorities. BE IT FURTHER RESOLVED that Brooklyn Center shall partner with Hennepin County and other cities in the county to develop and implement Active Living strategies. May 14-2012 Date Mayor ATTEST: City Clerk F The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7a I �cocl'�rtr�tion DECLARING MAY 28, 2012, AS MOUND CEMETERY of BROOKLYN CENTER SESQUICENTENNIAL DAY WHEREAS, Mound Cemetery, with seventeen acres, was established on May 2, 1862, by a group of farmers and lumbermen who first settled the area mostly from New England and purchased for$30 two acres of land at 69th Avenue North near Palmer Lake from James and Eliza Henderson with the stipulation that their parcel must always be used for "God's Acres", while the last seven acres were acquired in 1954 from Frank E. Howe; and j i WHEREAS, The Mound Cemetery Association was formed on June 5, 1873, with a Certificate filed in Hennepin County naming C.R. Howe, N.G. Abbott, W.H. Fletcher, J.M. Durnam, William Bohanon, Asa Howe, and A.H. Benson as Trustees, and incorporated in 1876 electing Asa Howe as President; and WHEREAS, The earliest cemetery markers f°om 1855, Harris Thompson (1829-1855) and the Reverend C.HA. Johnson (1823-1855), pre-date the founding of the State of Minnesota and that from these earliest days of Brooklyn Township for over 150 years, the cemetery has faithfully and continuously served the city's changing, dynamic community; and WHEREAS, The cemetery was originally named "Mound Cemetery" because of the Indian mounds located at the south end of Palmer Lake, and was first dedicated by its voluntary Board of Directors "iid God as a holy burial place for His children and was sacred to the community"; and WHEREAS, Many citizens of the city of Brooklyn Center today are descendants of those buried in Mound Cemetery, and carry in their hearts memories of grandparents, parents, siblings, children, and extended family, and carry in their minds stories passed down from generation to generation; and WHEREAS, Mound Cemetery of Brooklyn Center, honors its small town character, by continuing its mission to celebrate family, to value faith-based traditions, and to embrace ever-changing cultural and ethnic customs on behalf of first-ring Minneapolis suburban residents as a safe, beautiful, peaceful setting dedicated to the remembrance and heritage of their loved ones. NOW, THEREFORE, I AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim May 28, 2012, as Mound Cemetery of Brooklyn Center Sesquicentennial Day in Brooklyn Center, Minnesota, and urge all citizens to join in this special observance. May 14, 2012 Date Mayor ATTEST.- City Clerk Council Members City Council Agenda Item No. 8a it DUM COUNCIL ITEM MEMORANDUM N DATE: May 10, 2012 TO: City Council FROM: Curt Boganey, City Manage SUBJECT: Charter Commission Recommendation Regarding Amendment to Chapter 9 Relating to Eminent Domain - An Ordinance Amending Chapter 9 of the Brooklyn Center City Charter Regarding Eminent Domain Recommendation: It is recommended that the City Council open the Public Hearing; take input; close the Public Hearing; and take action on the ordinance. Background: On March 12, 2012, the City Council received a recommendation from the Charter Commission regarding amending Chapter 9 of the City Charter relating to Eminent Domain. The City Council requested City Staff to prepare comments with regard to the pros and cons of the proposed amendment. On March 26th the City Council reviewed the comments prepared by the City Attorney and directed that those comments be provided to the Charter Commission for its review and consideration. On April 12th the Charter Commission met and emailed a copy of the draft minutes to the City Clerk on April 17th. A copy of the minutes are attached. On May 1, I sent an email to the Charter Commission Chair asking if he would be presenting the Commission recommendations to the City Council showing any changes that are being proposed. On May 6th I was notified that the Chair will not be in attendance at the May 14th meeting and we have not received a revised recommendation from the Charter Commission. Based on the draft minutes, it appears that the Charter Commission will be coming forward with a proposed revision to the language previously submitted to the City Council. It seems that given the indication from the Charter Commission that they are proposing to revise its recommendation, denial of the proposed ordinance would be in order. The Council may choose to wait to receive the proposed revisions to the original ordinance and then act on the new ordinance or the Council may wish to discuss the proposed changes based on the draft minutes and communicate with the Charter Commission regarding the changes as described in the minutes before a formal recommendation is made to the City Council. Mission::Ensuring an attractive,clean,safe,inclusive cmnmunit),that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will proceed aggressively with implementation of City's redevelopment plans 7. We will continue to maintain the city's infrastructure improvements Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust DATE: May 8, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Charter Commission Recommendation Regarding Amendment to City Charter Chapter 9 Relating to Eminent Domain — An Ordinance Amending Chapter 9 of the Brooklyn Center City Charter Regarding Eminent Domain Background: March 12, 2012 — City Council received a recommendation from the Charter Commission regarding amending Chapter 9 of the City Charter relating to Eminent Domain; City Council requested City Staff to prepare comments with regard to the pros and cons of the proposed amendment. March 26, 2012 —City Council reviewed and discussed the City Attorney's comments regarding the Chatter Commission's recommendation. The City Council directed City Staff to provide a copy of the report to the Charter Commission for its review and consideration. March 29, 2012—City Manager sent letter to Charter Commission Chair with draft City Council minutes and City Attorney's comments. April 12, 2012 — Legal notice of Public Hearing published in Brooklyn Center Sun-Post newspaper. April 12, 2012—Charter Commission met. April 17, 2012 — Charter Commission Secretary e-mailed City Clerk the April 12, 2012, Charter Commission draft minutes. May 1, 2012 — City Manager e-mailed Charter Commission Chair inquiring if he or another Charter Commission Member would be present at the May 14, Public Hearing to present the current Charter Commission recommendation regarding amendments to Chapter 9, Eminent Domain and requesting in writing the strikeouts and changes to the previous recommendation. May 6, 2012 — Charter Commission Chair e-mailed City Manager notifying that he will not be present at the meeting, but he invited other Charter Commission Members to attend; no documentation was provided for the May 14 City Council meeting. Attached for your review are materials from the March 12, and March 26, 2012, City Council meetings. (DRAFT)MINUTES OF APRIL 12,2012 BROOKLYN CENTER CHARTER COMMISSION MEETING Called to order by Chairman Stan Leino at 6:37 PM Roll Call Present: Secretary Gary Brown called roll: Stan Leino Gary Brown, Gail Ebert,Robert Marvin,Harold Middleton, Mary O'Connor,Eileen Oslund,Eric Pone,Bee Yang,and Mark Yelich. Absent:Ellen Davis,Nathan Lackner,Renita Whicker Excused Absences:Ed Nelson Consideration of Minutes Chairman Leino determined that since the minutes of January 19 and February 4,2012,were mot included with the meeting notice,that approval will be considered at the next meeting when the minutes can be included with the notice. Old Business a. Nominations for Secretary position. Gary Brown agreed to continue in the roll of secretary. Motion by Marvin seconded by Yelich to nominate Gary Brown for Secretary. Motion by Marvin and seconded by Pone to close the nominations,passed unanimously. b. Reaffirmation of Recommendations of No Change to Sections 4.01 and 4.02 of City Charter from 2010. Chairman Leino was directed by those members who were on the Charter Commission in 2010 to send a letter to City Manager Curt Boganey that reaffirms the Commission's position that there are no changes needed in the City Charter to hold'a City election and that in the opinion of the Charter Commission,the City Charter is not in violation of-state statute. c. City Council's reaction to Charter Commissions revision to eminent domain(Chapter 9). After considerable discussion by all members of the Charter Commission, a motion was made by O'Connor, . seconded by Pone to revise the proposed new provision in Chapter 9.04 from 60 days to 90 days to conform to the 90 day quick take provision in state statute. Yelich offered a friendly amendment, seconded by Marvin(accepted by O'Connor and Pone)to add in parenthesis(by resolution)after the word initiation and later in the sentence crossing out the word"all"before parties and adding the words"of interest"after the word parties so that the sentence will now read: The city has a90 dayperiod from the initiation(by resolution)of the city council of eminent domain to dismiss proceedings unless an extension is stipulated and agreed to by parties of interest. Pone moved to call the question and Yelich seconded and motion passed unanimously. Chairman Leino then called the question and the changes were approved unanimously 10-0. New Business a. Ward vs.At-large for City Council seats. Chairman Leino gave a brief overview of previous discussions by the Charter Commission. Timothy Franklin, 6718 Bryant Avenue N.,B.C.then passed out a memo written by Mike Parks relating to the racial issues and lack of representation of an"at-large"system vs.a ward system for City Council representation. Ruthy Dallas , 6419 Emerson Avenue N.,B. C. stated that there was a need to get more citizens involved in city government and that a"Ward"system does a better job of providing representation to the citizens. Pone made a motion, seconded by O'Connor to appoint a sub-committee of the commission to consist of Ebert,Marvin,Pone, and Yelich to study the"At-large vs.Ward"issue and come back with recommendation by the next meeting of the Charter Commission,passed unanimously 10-0 Future meeting dates:May 10,2012,6:30 PM. Motion by Marvin,seconded by Middleton to adjourn the meeting at 9:47 PM.Passed unanimously(1070). Submitted for consideration, Gary E.Brown, Secretary City of Brooklyn Center ceeding is dismissed,the City shall pay www.MinnLocal.com all reasonable costs and expenses in- (Official Publication) curred by the condemnee including attor- CITY OF BROOKLYN CENTER ney's fees. The City has a 60 day period Notice is hereby given that a public hear from the initiation by the City Council of . ing will be held on the 14th day of May eminent domain s dismiss proceedings 2012 at 7 m.or as soon thereafter as unless an extensi on is stipulated and the matter may be heard at the City Hall, agreed to by all parties. 6301 Shingle Creek Parkway,to consid- Section 9.05. CITY MAY TAKE ENTIRE MEDIA er an ordinance amending Chapter 9 of PLANT.If the City condemns a public util- the Brooklyn Center City Charter regard- ity which is operated at the time of the AFFIDAVIT OF PUBLICATION ing eminent domain. commencement of the condemnation Auxiliary ids for persons with disabilities Proceeding as one property or one sys- y p tem,it shall not be necessary In the con- STATE OF MINNESOTA ) are available upon request at least 96 demnation proceedings or any of the pro- Ss. hours in advance. Please contact the ceedings of the Council,to describe or i COUNTY OF HENNEPIN City Clerk at 763-569-3300 to make treat separately the different kinds of arrangements. property composing such system;but all Richard Hendrickson, being ui sworn on ORDINANCE NO. of the property,lands,articles,franchis- es,franchise values, and rights which an oath,states or affirms that he is the Chief AN ORDINANCE AMENDING CHAP- comprlse such system may,unless oth- Financial Officer of the newspaper(s)known C TER TY9COHARTER REOGARDING EMIR terwise ordered b the court,ogether ether as one property andbantaward aS NENT DOMAIN for the whole property in one Jump sum Brooklyn Park, Brooklyn Center Sun-Post THE CITY COUNCIL OF THE CITY OF may be made by the commissioners or BROOKLYN CENTER DOES ORDAIN other body assessing the damages on AS FOLLOWS: condemnation.This does not preventthe City,when the plant and property are Section 1.Brooklyn Center City Charter, separable into distinct parts,from acquir- and has full knowledge of the facts stated Chapter 9,Eminent Domain,is amended ing only such part or parts thereof as may below: as follows: be necessary in the public Interest. (A)The newspaper has complied with all of CHAPTER 9 Section 3. This ordinance shall be ef- fective after adoption and ninety the requirements Constituting qualifiea- EMINENT DOMAIN days following it lgal publication. (90) tion as a qualified newspaper as provid- Section 9.01. POWER TO ACQUIRE Adopted this_day of 2012. ed by Minn. Stat. §331A.02, §331A.07, PROPERTY. The city may acquire by purchase,gift,devise,or condemnation, and other applicable laws as amended. any property,real or personal,corporeal Mayor (B)The printed public notice that is attached or Incorporeal,either within or without its ATTEST: corporate boundaries, which may be City Clerk was published in said newspaper(S) needed by the City for ar}ypi public use or once each week,for one successive 1.utio Purpose. Easements for slopes, Date of Publication: fills, access, drainage,sewers, building week(s);it was first published on Thurs- lines,poles,wires,pipes,and conduits for Effective Date: day,the 12 day of April water,gas,heat,and power may be ac- ( yf Indicates matter to be deleted, 2012 and was thereafter tinted and quired by gift,devise,purchase,or con- underline indicates new matter.) p demnation in the manner provided by published on every Thursday to and in- law• (Apr.12,2012)Pi-EminentDomain cluding Thursday, the day of Subdivision 1 Public use:public pur- 2012;and printed Pose. below is a copy of the lower case alpha- ( ea s ubcls iuu ee"or"Public purpose" bet from A to Z, both inclusive, which is owner- hereby acknowledged as being the size ship,the possession occupation owner- y g g ship and eniovment of the land by the and kind of type used in the composition general public or by public agencies; and publication of the notice: U the creation or functioning of a public service corporation:or abcdef hi'klmnopgrstuvwxyz (3) mitigation of a blighted area remedJ- ation of an environmentally contaminated area,reduction of abandoned property. or removal of a public nuisance. 'X /J (b) The public benefits of economic de- �5-� velopmeni including an increase in tax BY: base tax revenues employment,or gen- eral economic health, do not by them- FO selves constitute a public use or a public purpose. Section 9.02. PROCEEDINGS IN AC- QUIRING PROPERTY.The necessity for Subscribed and sworn to or affirmed the taking of any property by the City shall before me on this 12 day of be determined by the Council and shall y be declared by a resolution which shall April 2012. describe such property clearly and state the use to which it is to be devoted.In ac- quiring property by exercising the power of eminent domain,the City shall proceed ✓� �//J according the laws of this state,except as otherwise provided in this charter. Notar Public Section 9.03. PAYMENT OF AWARD. y The City shall,within seventy(70)days after the filing of the commissioner's re- port,or in case of an appeal a a ` r� i`�cidb" i 3i '3Gi "vu yea P PP within forty- five or Sri � (45)days after the final judgments or _ - A DIANE L. ELIASON stipulations of settlement thereon, pay x any award of damages allowed pursuant NOTARY PUBLIC-MINNESOTA to this section and State law whether by the commissioners or upon appeal.Ifthe My Comm.Exp.Jan.31,2015 award is not paid,the court,on motion of tE ��1�lv'�E'Srktb�sl9kd1 the owner of the land.shall vacate the award and dismiss the proceedings against the land. Section 9.04.CITY MAY DISMISS PRO- CEEDINGS.The City may dismiss all or part of the property being acquired in a condemnation proceedings so long as the dismissal Is filed with the proper court prior to the expiration of the time for an appeal or before entry of judgment if an appeal has been taken. When the pro- CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of May 2012 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 9 of the Brooklyn Center City Charter regarding eminent domain. 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 9 OF THE BROOKLYN CENTER CITY CHARTER REGARDING EMINENT DOMAIN THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Charter, Chapter 9, Eminent Domain, is amended as follows: CHAPTER 9 EMINENT DOMAIN Section 9.01. POWER TO ACQUIRE PROPERTY. The City may acquire by purchase, gift, devise, or condemnation, any property, real or personal, corporeal or incorporeal, either within or without its corporate boundaries, which may be needed by the City for afty a public use or up blic purpose. Easements for slopes, fills, access, drainage, sewers, building lines, poles, wires, pipes, and conduits for water, gas, heat, and power may be acquired by gift, devise, purchase, or condemnation in the manner provided by law. Subdivision 1. Public use; public purpose. (a) "Public use" or"Public purpose"means exclusively (1) the possession, occupation, ownership, and enjoyment of the land by the general public, or by public agencies, _ (2) the creation or functioning of a public service corporation; or (3) mitigation of a blighted area, .remediation of an environmentally contaminated area, reduction of abandoned property, or removal of a public nuisance. ORDINANCE NO. (b) The public benefits of economic development, including an increase in tax base, tax revenues, employment, or general economic health, do not by themselves constitute a public use or a public purpose. Section 9.02. PROCEEDINGS IN ACQUIRING PROPERTY. The necessity for the taking of any property by the City shall be determined by the Council and shall be declared by a resolution which shall describe such property clearly and state the use to which it is to be devoted. In acquiring property by exercising the power of eminent domain, the City shall proceed according to the laws of this state, except as otherwise provided in this charter. Section 9.03. PAYMENT OF AWARD. The City shall, within seventy(70) days after the filing of the commissioner's report, or in case of an appeal within forty-five (45) days after the final judgments or stipulations of settlement thereon, pay any award of damages allowed pursuant to this section and State law whether by the commissioners or upon appeal. If the award is not paid, the court, on motion of the owner of the land, shall vacate the award and dismiss the proceedings against the land. Section 9.04. CITY MAY DISMISS PROCEEDINGS. The City may dismiss all or part of the property being acquired in a condemnation proceedings so long as the dismissal is filed with the proper court prior to the expiration of the time for an appeal or before entry of judgment if an appeal has been taken. When the proceeding is dismissed, the City shall pay all reasonable costs and expenses incurred by the condemnee including attorney's fees. The City has a 60 day period from the initiation by the City Council of eminent domain to dismiss proceedings unless an extension is stipulated and agreed to by all parties. Section 9.05. CITY MAY TAKE ENTIRE PLANT. If the City condemns a public utility which is operated at the time of the commencement of the condemnation proceeding as one property or one system, it shall not be necessary in the condemnation proceedings or any of the proceedings of the Council, to describe or treat separately the different kinds of property composing such system; but all of the property, lands, articles, franchises, franchise values, and rights which comprise such system may, unless otherwise ordered by the court, be treated together as one property and an award for the whole property in one lump sum may be made by the commissioners or other body assessing the damages on condemnation. This does not prevent the City, when the plant and property are separable into distinct parts, from acquiring only such part or parts thereof as may be necessary in the public interest. i ORDINANCE NO. Section 3. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this day of 2012. Mayor ATTEST: City Cleric Date of Publication: Effective Date: ( -ti4 R indicates matter to be deleted,underline indicates new matter.) Ct$ O BY'OOkl y 7't Ce� e� Office of the City Manager y f A Millennium Community Cornelius L. Soganey City Manager 763-569-3303 cboganey @ci.brooklyn-center.fnn.its March 29, 2012 Mr. Stan Leino, Chair Charter Commission 7118 France Avenue North Brooklyn Center MN 55429 Dear Chair Leino: At its March 26,2012,meeting,the Brooklyn Center City Council reviewed and discussed the City Attorney's memorandum dated March 22, 2012, relating to the Charter Commission proposed amendment to the Brooklyn Center City Charter. The City Council accepted the staff report regarding the effect of the Charter Commission proposed changes to the City Charter and directed that a copy of the report be provided to the Charter Commission for its consideration. Enclosed is a copy of the City Attorney's memorandum, as well as an excerpt from the draft minutes of the March 26 City Council meeting pertaining to the proposed Charter amendment. Please provide these materials to the Charter Commission for review and discussion at its April 12 meeting. You may also wish to watch the City Council discussion of this item online at www.cityofbrooldyncenter.org. To meet the requirements of State Law,the Public Hearing notice will be published in the Sun Post on April 12,2012, setting the Public Hearing date for May 14,2012. Should you need any additional information,please feel free to contact me. Sincerely, Cornelius L. Boganey City Manager cc: City Council Our Mission: An attractive,clean,safe community that enhances the quality of life and preserves the public trust 6301 Shingle Creek Parkway Recreation and Community Center Phone&TDD Number Brooklyn Center, MN 55430-2199 (763)569-3400 City Hall& TDD Number(763)569-3300 Fax(763)569-3434 Fax (763)569-3494 www.cityofbrooklyncenter.org March 26 , 2012 City Council Agenda Item previously issued a Type III Rental License that expired on November 30, 2011. 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 Ryan seconded to open the hearing. Motion passed unanimously. No one appeared to address the Council. 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 5245-5247 Drew Avenue N., with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10e. ACCEPTANCE OF STAFF REPORT REGARDING PROPOSED AMENDMENT TO BROOKLYN CENTER CITY CHARTER Mr. Boganey introduced the item, discussed the history, and recommended the assessment of the proposed Charter Amendment relating to eminent domain be provided to the Charter Commission. Councilmember Ryan stated the Charter Commission presented an amendment to the City Charter at the last meeting. He asked if it would impact the timing of notification and public requirements, and the subsequent requirement for a Public Hearing, and should the Charter Commission determine to amend some of the language. City Attorney Charlie LeFevere advised in that case the best course for the Charter Commission would be to withdraw the original proposal, which would relieve the deadlines, and then submit new language and restart the process. Mr. Boganey explained that based on the date the City Council received the report, the ordinance language must be published no later than Thursday, April 12, 2012, so it would have to be submitted to the Sun Post by April 5, 2012. He noted that should the Charter Commission withdraw its original request, the City Council can determine whether to cancel the Public Hearing date. Mr. LeFevere described the two methods the Charter can be amended, via unanimous support of the City Council or vote of the electorate. In addition to forwarding this report to the Charter 03/26/12 -9- DRAFT Commission, Mr. LeFevere indicated it may be advisable to inform the Charter Commission if one or more City Councilmembers are not willing to consider this amendment. In that case, the Charter Commission could then decide if it wanted to submit a Charter amendment for the election, or determine to open dialogue with the City Council and try to reach an agreement. Mayor Willson stated he.was very clear at the last meeting that he would not support the language the Charter Commission recommended due to the 60-day time limit that would result in the City being unable to withdraw from an eminent domain proceeding. In addition, there is a question of when and what triggers the 60-day period. Mayor Willson noted State Statutes already negate the ability for the City to.use eminent domain as it has been used in the past and he sees no reason to make the City's Charter more stringent and place the City at more risk. Councilmember Lasman concurred and noted additional concerns relate to points mentioned by Mr. LeFevere in the memorandum. She indicated if a proceeding is dismissed, all parties/agencies in a condemnation action would have to be in agreement, which could be a disadvantage to the land owner and the City. She stated she also has reservations and hopes after the-Charter Commission reads the staff memorandum it will take under advisement the points made by the City Attorney. Councilmember Ryan noted much of the Charter Commission's proposed amendment language echoes language in present State Law, which takes precedence over the City Charter. He felt the proposed amendment would place administrative rules in the Charter, which seems to be redundant. Mr. LeFevere stated the first part of the proposed amendment is the definition of public use and public purpose and identical to the State Law so it is not legally necessary. However, if State law is changed at some point in the future to give the City greater power, this amendment would hold the City back. . Mr. LeFevere described the consideration of the Legislature when it severely restricted the ability of cities to use eminent domain in its 2006 amendment and the resulting impact. He explained that in cases where the City is doing a public project (i.e., street), the project is typically in the CIP and the City does not want to wait to complete a condemnation process so instead it uses a quitclaim process to get title of the property within 90 days and after that point the City cannot back out. Councilmember Ryan stated the final clause of the proposed Charter amendment could cause difficulties for the City under circumstances of taking property for a defined public purpose (road, right-of-way). Mr. LeFevere advised it could also be for a development such as to remediate a contaminated site. He described the process for such an undertaking with the 60-day limitation and how it would take away the power of the City to protect tax dollars. Councilmember Ryan stated his concern with the proposed Charter amendment language, finding it would tie the hands of this and future City Councils. Councilmember Myszkowski stated Members have already addressed the many difficulties with the proposed Charter amendment and she found that the State Statutes were restrictive enough. She indicated she had pondered the 60-day limitation,which perhaps offered to create a situation where the City would never consider eminent domain. Councilmember Myszkowski stated she found the amendment to be dangerous in many ways and hopes the Charter Commission is amenable to reconsidering. 03/26/12 -10- DRAFT Mayor Willson indicated the Charter Commission has every right to propose language to the City Council and if the City Council is unanimous in accepting the recommendation, the Charter is altered. However, if one Council Member does not support the recommended change to the Charter, the Charter Commission has every right to then put that question before the citizens for a vote at an election. Mayor Willson stated should that occur, he would prefer it dovetail with a general election. Mr., LeFevere advised the Charter Commission could be asked to consider the City Council's support to consider an amendment at the next general election to avoid the expense of a special election. Mayor Willson estimated it cost $10,000-$12,000 to conduct a special election. Mr. Boganey confirmed the cost of the last special election was in that range. Councilmember Kleven stated she agrees with comments by other Members that the proposed Charter language is more restrictive than State law and she hopes the Charter Commission will reconsider and dismiss their amendment proposal. Mayor Willson stated at the previous City Council meeting, Charter Commission Chair Stan, Leino indicated he would ask the Charter Commission to meet earlier and would convey that the City Council was not comfortable with the language. Mr. Boganey advised the next Charter Commission meeting is scheduled for Thursday, April 12, 2012. Councilmember Lasman moved and Councilmember Myszkowski seconded to accept the staff report regarding the effect of the Charter Commission proposed changes to the City Charter Section Chapter Nine, Eminent Domain, and direct that a copy of the report be provided the Charter Commission for its consideration. Motion passed unanimously. 10L (FORMERLY CONSENT AGENDA ITEM NO. 6C) RESOLUTION NO. 2012-51 ACCEPTING DONATIONS FOR THE CENTENNIAL MEMORIAL AMPHITHEATER AND ACCEPTING CONDITIONS. Mr. Boganey introduced the item and presented the language of the revised resolution. Councilmember Lasman moved and Councilmember Ryan seconded to adopt Resolution No. 2012-51 Accepting Donations for the Centennial Memorial Amphitheater and Accepting Conditions. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following: • March 15, 2012,Art Show for District 281 • March 15,2012,Planning Commission Meeting • March 17,2012, Third Annual Spelling Bee Judge for District 281 Elementary Schools 03/26/12 -11- DRAFT COUNCIL ITEM MEMORANDUM DATE:. March 22, 2012 TO: City Council FROM: Curt Boganey, City Manag� f SUBJECT: Eminent Domain—Proposed Charter Amendment: i Recommendation: It is recommended that the City Council .consider .acceptance of the:: and direct its' submission to the Charter Commission for consideration. Background:. . . On March 121" 2012 ahe City Council received a report from the Charter Commission wherein recommended that the City Council adopt an ordinance (enclosed) amending the City Charter Chapter Nine- Eminent Domain.: During the presentation several question were raised regarding j the value and the.effect that this amendment would have on the City's ability to:use eminent domain as a way acquiring property.for a public purpose/use. The City Council asked the staff(minutes excerpt enclosed) to provide the Charter Commission With the pros and cons of theirrecommendation. The City Attorney has drafted an assessment of- these effects for your acceptance and direction. Budget Issues: There are no budget issues to consider. Council Goals: . Select not more than two. !. Strategic: 1. We will proceed.aggressively with implementation of City's redevelopment plans 3. We:will stabilize and improve residential neighborhoods Mission:Ensuring(in attractive,clean,safe eommunity that enhances the quality nJlife and preserves the public trust Charles L.LeFevere Kenn�-�p 470 US Bank Plaza -Ke11neC�Y 200 South Sixth Street I __ -_ _ Minneapolis MN 55402 _ c4z (612)337-9215 telephone � �JGraven Ten � (612)337-931D fax V clefevere @kennedy-graven.com http://www.kennedy-graven.com CHARTERED MEMORANDUM Date: March 22, 2012 To: Curt Boganey From: Charles LeFevere Re: Proposed Amendment to Brooklyn Center City Charter At the regular City Council meeting of March 12, 2012, the Brooklyn Center Charter Commission proposed to the City Council an amendment to the City Charter, for adoption by.ordinance. The City Council requested that staff prepare comments on the proposed amendment for consideration by the City Council. The first part of the amendment relates to Charter Section 9.01,which gives the City the authority to acquire property. The first sentence of Section 9.01 currently reads "The city may acquire by purchase, gift, devise, or condemnation, any property, real or personal, corporeal or incorporeal, either within or without its corporate boundaries, which may be needed by the City for public use or purpose." The proposed Charter amendment would amend the last clause to read "for a public use or public purpose". I believe that this would not change the meaning of the Charter but apparently the Charter Commission felt it was important for purposes of clarification. The Charter Commission also proposed to add a new subdivision 1 to Section 9.01 which would define "public use" or"public purpose". The definition is exactly the same (with the exception of a missing comma) as the definition in state law under Minn. Stat. § 117.025, Subd. 11. This amendment to the Charter would not change the law relating to acquisition of property by eminent domain since the provision in state law already controls acquisitions by the City of Brooklyn Center. Minn. Stat. § 117.012, Subd. 1 provides that "Notwithstanding any other provision of law, including any charter provision, ordinance, statute, or special law, all condemning authorities, including home rule charter cities, and all other political subdivisions of the state, must exercise the power of eminent domain in accordance with the provisions of this chapter, including all procedures, definitions, remedies, and limitations. Additional procedures, remedies, or limitations that do not deny or diminish the substantive and procedural rights and protections of owners under this chapter may be provided by other law, ordinance, or charter." 400441vl CLL BR291-7 ] Subdivision 2 of the sanne section provides that"Eminent domain may only be used for a public use or public purpose." State law mandates that acquisition of property by eminent domain can only be for a public use or public purpose, as that term is defined in Minnesota Statutes. Therefore, it is not necessary to make the change proposed to Section 9.01, since state law has already made that change, and specifically supersedes any inconsistent charter provisions. However, it is also true that, because state law already mandates this change, the change will have no adverse effect on the City and its authority to acquire property, at least as long as the state law remains the same as it is now. The second change proposed in the Charter amendment would add a sentence to Section 9.03. Section 9.03 currently provides a deadline within which the City must pay a condemnation award determined in accordance with the procedures of state law. That deadline is either 70 days after the filing of a commissioners' report or 45 days after the final judgment, whichever applies. As it currently stands, if the City failed to make such a payment, the condemnee could seek an order of the Court to pay the award. The proposed Charter amendment would add a sentence providing that "If the award is not paid the court on motion of the owner of the land, shall vacate the award and dismiss the proceedings against the land." The City,of course, could avoid having the condemnation dismissed by paying the award within the time deadline. However, if, due to any administrative error or mistake, the City failed to make timely payment in accordance with the requirements of Section 9.03,the Charter amendment would provide for dismissal of the proceedings. This would mean that, if the City still wanted the land, it would have to start over with a new condemnation proceeding, which would not necessarily be in the interest of the taxpayers. The proposed change to the Charter that could have the greatest effect on the City is a proposed amendment to Section 9.04. Under the current language of 9.04,the City has the ability to dismiss a condemnation action. However,if the City decides to abandon a condemnation,for any reason,the City is required by Section 9.04 to pay all reasonable costs and expenses incurred by the condemnee, including attorneys' fees. This provision was apparently intended to reimburse the landowner for costs, expenses and attorneys' fees incurred as a result of the eminent domain proceedings. The proposed Charter amendment would add a sentence to Section 9.04 providing that "The city has a 60 day period from the initiation by the city council of eminent domain to dismiss proceedings unless an extension is stipulated and agreed to by all parties." I see three potential issues with this proposed amendment. .The first is that "The initiation by the city council of eminent domain" is not a legally defined event. There are a number of steps taken by the City Council and the City in the initiation of eminent domain proceedings, and without specifying which step is intended to start the 60 day period running, there could be confusion about when the 60 day deadline expires. The second issue is that the proceeding is dismissed unless "an extension is stipulated and agreed to by all parties." There may be many parties to a condemnation proceeding,including all parties who have an interest in the property. The primary party in interest is usually the landowner. However, mortgagees, easement holders, tenants, and others may also be named in a condemnation action. It 400441vi CLL BR291-7 2 could occur that a landowner was willing to grant an extension (that is, the landowner wished to agree with the city abandoning the condemnation), but an easement holder or a mortgagee, might not be willing to consent. Therefore, if the intent of this amendment is to provide some protection to the landowner,that could be frustrated by any other party to the condemnation who did not wish to allow the dismissal. The third issue is the one that could have the greatest potential impact on the City's taxpayers. Under current law, if the City decides not to proceed with a condemnation action because circumstances have changed, it can abandon the action without paying the award or acquiring the property,provided that it pays the condemnee all of the condemnee's costs and attorneys' fees. The change in circumstances might be, for example, a case where the property was no longer needed for the original public purpose. This change in circumstances might not occur within 60 days. If it occurred after 60 days, and the landowner was not willing to allow the city to abandon the proceedings, the city would be required to complete the proceedings, acquire the property, and pay the landowner, even though the property was no longer needed for public purposes. This acquisition would be paid for by taxpayer dollars. Another reason for abandoning a condemnation action is that the condemnation award, determined by the commissioners or the court, is so much higher than the estimated cost, that the city decides the cost is not justified by the public benefit of acquiring the property. The City Council might decide, in such a case, that the expenditure of tax dollars for acquiring the property could not be justified. If the proposed Charter amendment were adopted, the City Council would not have the ability to protect the taxpayers' dollars in this way. I assume that the purpose of the proposed addition to Section 9.04 is to provide some additional protection to the landowner. In most cases today,this additional protection may not be needed. The 2006 amendments to the law relating to condemnation so severely restricted the ability of public authorities to condemn land that the great majority of condemnations now are for simple projects like streets, road widening, utility easements, and the like. In these cases, acquiring authorities typically use the so-called "quick-take" procedure provided by Minn. Stat. § 117.042. Under this quick-take procedure,the acquiring authority does not have to wait to acquire title and possession to the property until all of the legal proceedings relating to the condemnation have been exhausted. Rather,the acquiring authority can take title and possession to the property 90 days after notification to the property owner of intent to take title in this way. Before taking title and possession,the City is required to pay to the owner, or deposit into court, an amount equal to the acquiring authority's approved appraisal of value. Once title and possession is transferred (which usually occurs at around 90 days), the title to the land or interest in the land is owned by the City, and the final determination of the amount paid to the condemnee is made at a later date, when the condemnation procedures are finalized. Once title and possession is transferred, the City is no longer free to abandon the condemnation proceedings. Therefore, in all such cases involving quick-take, the condemnee has the same protection as that which would be given to the landowner under the proposed amendment, although the City's ability to abandon the procedure would end after 90 days rather than after 60 days. 400441v1 CLL BR291-7 3 March 12 , 2012 City Council Agenda Item RENEWAL (TYPE I—three-year license) 4907 65"'Avenue N. William Bjerke 1807 70"'Avenue N. Passed w/Weather Deferral Rebecca Thomley 6626 Camden Drive Jeremy Ronnebaum Sutton 7215 Girard Avenue N Rebecca Thomley TOBACCO RELATED PRODUCT Regal Dollar and Tobacco, Inc. 615 66"'Avenue N. 6c. RESOLUTION ACCEPTING DONATIONS FOR THE CENTENNIAL MEMORIAL AMPHITHEATER AND ACCEPTING CONDITIONS This item was removed from the agenda. 6d. RESOLUTION NO. 2012-38 ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT PROJECT NO. 2012-05, CONTRACT 2012-E, 2012 STREET SEAL COATING 6e. RENTAL DWELLING LICENSE APPROVAL FOR PARTIAL OCCUPANCY AT GRANITE PEAKS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RE COGNITIONS/DONATIONS 7a. CHARTER COMMISSION RECOMMENDATION Mr. Boganey introduced the item and reviewed the history. Councilmember Lasman moved and Councilmember Ryan seconded to table consideration of the Charter Commission recommendation until a member is available to present the recommendation. City Attorney LeFevere advised that by Roberts Rides of Order, a motion to table would necessitate a later motion to bring the item off the table. Other options were to reschedule consideration to a future meeting or direct staff to bring the item back when the Charter Commission can be represented at a meeting. Councilmember Lasman moved and Councilmember Ryan seconded to amend the motion to table to strike this item from the agenda and direct City staff to reschedule at the request of the Charter Commission. Amended motion passed unanimously. 03/12/12 -3- 7b. RESOLUTION NO. 2012-39 EXPRESSING RECOGNITION AND APPRECIATION OF TOM FIELDS FOR OVER 14 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Willson read the resolution in full. Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-39 Expressing Recognition and Appreciation of Tom Fields for over 14 Years of Dedicated Service to the City of Brooklyn Center. Motion passed unanimously. Mr. Fields stated his appreciation for the City and indicated he has been impressed with the spirit of excellence that is fostered by Brooklyn Center. The City Council and audience responded with a round of applause. 7a. CHARTER COMMISSION RECOMMENDATION—CONTINUED The City Council recognized the attendance of Charter Commission Chair Leino and reached consensus to hear the Charter Commission's recommendation. Stan Leino, Charter Commission Chair,presented the proposed language to Chapter 9 of the City Charter relating to eminent domain, which had been unanimously approved by the Charter Commission. He explained the position of the Charter Commission that the eminent domain process had not been addressed for years and the recommended revision would bring the language into alignment with State Statute. In addition, the recommendation includes a 60-day provision so the eminent domain proceedings could not go on indefinitely. City Attorney LeFevere advised that currently if the City were to initiate an eminent domain proceedings and then decide to withdraw, the City is able to stop the process and pay the costs and attorney's fees for the property owner. However, with the proposed 60-day provision, should the City initiate an eminent domain action and then decide to withdraw, it would be forced to go forward with the condemnation award, even if the public benefit is not great enough to justify the award. Under that scenario, the landlord is not likely to grant the City an extension. Another concern is that most times the eminent domain process cannot be completed within 60 days. Mr. Leino reported that some Charter Commissioners wanted the window to be smaller than 60 days and the most expansive interpretation was 120 days. He indicated if the City Council has a reservation about any specific number, it can be explored. City Attorney LeFevere described the two options the Charter Commission can bring forward a proposed amendment. 03/12/12 -4- The City Council thanked Chair Leino and members of the Charter Commission for their excellent service. It was noted that in the case of eminent domain, State law already restricts what the City can do. The question was raised why it is necessary for the Charter to reflect every change in State law. Chair Leino stated the Charter Commission does not respond to everything the Legislature considers but in this case, a subcommittee met and the language was drafted over three to four meetings. The consensus of the Charter Commission was concern that at some point the City may be perceived as overstepping its bounds. Chair Leino acknowledged he has not witnessed the City is "running amok" in condemning property but in consideration of condemnation actions of other cities the Charter Commission found the Charter language should be addressed. Chair Leino stated the Charter Commission did not have the City Attorney's opinion on the hamstringing of the City's ability resulting from a 60-day limitation. He indicated he would not want to tie the City's "hands" in the way described by City Attorney LeFevere but one could argue, from the land owner perspective, that it would require the City to maintain greater foresight in what it intends to do.with eminent domain action. The City Council acknowledged it was not eager to exercise eminent domain but at the same time, questioned whether it was good governance to tie the"hands" of future City Councils. The City Council also expressed concern with a 60-day limitation since the eminent domain process takes longer than 60 days and it could force the City into a position of having to pay an exorbitant price or purchase property that may no longer have public purpose. Mayor Willson stated his support to ask the Charter Commission to hold further discussion given the City Council's expressed concerns relating to impact with future negotiations and/or actions to determine whether common ground can be found. Chair Leino indicated that several members of the Charter Commission have already asked about certification timing to place this matter on the ballot. He stated the Charter Commission is scheduled to meet April 19, 2012, and he will place this issue on that agenda so they can revisit the 60 day issue. City Attorney LeFevere described the difference between a quick take procedure, which is the process most often used to acquire land since the condemnation law was amended in 2006, and exercising eminent domain that can take months or even years. He recommended staff draft a memorandum detailing the pros and cons of the recommended language. Mr. Leino stated it would be helpful if staff wants to provide as set of parameters and data with which to work. Mr. Boganey inquired regarding the.status of another Charter item related to changes in State Law governing elections and how it relates to language in the City Charter. Chair Leino stated the Charter Commission took an affirmative vote in 2010 saying the language was not inconsistent with State law. Mayor Willson asked the Charter Commission to provide its opinion in writing so it can be removed from the City Council's table. 03/12/12 -5- 'I Councilmember Lasman moved and Councilmember Kleven seconded to receive the report of the Charter Commission. The City Council asked staff to provide the Charter Commission with pros and cons of the recommmendation, consequences unintended or intended, test cases where eminent domain has moved forward with positive outcomes to provide a point of comparison, and a description of the 2006 amendments to condemnation law. Mr. Boganey noted the Statute appears to read that a motion to receive, whether the report or recommendation, triggers the scheduling of a public hearing in 30 days. City Attorney LeFevere clarified the language of the Statute indicates within one month of receiving a recommendation, the City has to publish notice of a public hearing and hold that public hearing at least two weeks but not more than one month from published notice. Chair Leino stated it was the intention of the Charter Commission that he make this recommendation tonight but in light of reservations expressed, he would like to go back to the Commission to keep the dialogue open. Mayor Willson indicated the City Council has received a recommendation from the Charter Commission and now has 30 days to publish a public hearing notice with the public hearing held within 30 days of publication. He stated the City Council would appreciate it if the Charter Commission's meeting was moved up to assure adequate time for continued dialogue. The City Council and Chair Leino discussed the process should the Charter Commission determine to modify its recommendation. Chair Leino noted in the past,the Charter Commission has withdrawn the first recommendation. City Attorney LeFevere concurred that would be the best outcome to continue dialogue and eliminate confusion with alternate versions since the public hearing notice must contain the proposed amendment text. Chair Leino noted it would require a two-step process to request a delay in consideration or withdraw the amendment, massage the language, and present a new recommendation that would then trigger the public hearing. He indicated they are scheduled to meet on April 19, 2012, but he will try to move up the meeting date. The motion passed unanimously. Mayor Willson voiced the City Council's respect and appreciation for the Charter Commission who serve the City as volunteers and put great thought into how the Charter is shaped. 8. PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL AND WEED REMOVAL COSTS City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the public hearing and resolutions. 03/12/12 -6- COUNCIL ITEM MEMORANDUM DATE: March 8, 2012 TO: City Council FROM: Curt Boganey, City Manager SUBJECT: Charter Commission Recommendation Recommendation: Receive the Charter Commission recommendation. Background: On February 9, 2012, Charter Commission Chair Stan Leino e-mailed the City Cleric indicating that the Charter Commission unanimously approved changes to Chapter 9 of the City Charter regarding Eminent Domain (see Attachment A). Mr. Leino or another Charter Commission member is expected to present these changes on Monday to the City Council with a recommendation for your approval. State Law requires the Council to act within 30 days of receiving the Charter Commission recommendation. Once the Charter Commission presents the recommendation to the City Council the 30-day clock starts. M.S. 410.12 AMENDMENTS. Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission, the city council may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed chatter amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city cleric. The petition must be signed by registered voters equal in number to at least five percent of the registered voters in the city or 2,000, whichever is less. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. Budget Issues: There are no budget issues to consider. rlliWOJI:Ensurhr q an attractive,clean.safe ccu€€nnt€nitp Mat enhances the gaalitj,of tiji!€r€dpreserves tiro public trc€st I CHAPTER 9 EMINENT DOMAIN Section 9.01. POWER TO ACQUIRE PROPERTY. The city may acquire by purchase, gift, devise, or condemnation, any property, real or personal, corporeal or incorporeal, either within or without its corporate boundaries, which may be needed by the City for a public use or up blic purpose. Easements for slopes, fill, access, drainage, sewers, building lines, poles, wires, pipes, and conduits for water, gas heat, and power may be acquired by gift, devise, purchase, or condemnation in the manner provided by law. Subdivision 1 Public use; public purpose. (a) "Public use" or"Public p=ose"means exclusively (1) the possession occupation ownership and enjoyment of the land by the eg neral public, or by public agencies; (2)the creation or functioning of a public service corporation; or (3) mitigation of a blighted area remediation of an environmentally contaminated area reduction of abandoned property, or removal of a public nuisance. (b) The public benefits of economic development including an increase in tax base, tax revenues employment or general economic health do not by themselves constitute a public use or a public ppTose. Section 9.02. PROCEEDINGS IN ACQUIRING PROPERTY. The necessity of the taking of any property by the City shall be determined by the Council and shall be declared by a resolution which shall describe such property clearly and state the use to which it is to be devoted. In acquiring property by exercising the power of eminent domain,the City shall proceed according to the laws of this state, except as otherwise provided in this charter. Section 9.03 PAYMENT OF AWARD. The city shall,within seventy days (70) days after the filing of the commissioner's report, or in the case of an appeal within forty-five (45) days after the final judgments or stipulations of settlement thereon, pay any award of damages allowed pursuant to this section and State law whether by the commissioners or upon appeal. If the award is not paid the court on motion of the owner of the land shall vacate the award and dismiss the proceedings against the land. Section 9.04 CITY MAY DISMISS PROCEEDINGS. The city may dismiss all or part of the property being acquired in a condemnation proceeding so long as the dismissal is filed with the proper court prior to the expiration of the time for an appeal or before entry of judgment if an appeal has been taken. When the proceeding is dismissed, the City shall pay all reasonable costs and expenses incurred by the condemnee including attorney's fees. The city has a 60 day period from the initiation by the city council of eminent domain to dismiss proceedings unless an extension is stipulated and agreed to by all parties. Section 9.05. CITY MAY TAKE ENTIRE PLANT If the city condemns a public utility which is operated at the time of the commencement of the condemnation proceedings as one property or one system, it shall not be necessary in the condemnation proceedings or any of the proceedings of the Council, to describe or treat separately the different kinds of property composing such system; but all of the property, lands articles, franchises, franchise values, and rights which comprise such system may,unless otherwise ordered by the court,be treated together as one property and an award the damages on condemnation. This does not prevent the City, when the plant and property are separable into distinct parts, from acquiring only such part or parts thereof as may be necessary in the public interest. City Council Agenda Item No. 8b i s COUNCIL ITEM MEMORANDUM • DATE: May 14, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson,City Clerk SUBJECT: An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 Recommendation: Direct the City Clerk to include a Clerk's note in published versions of the Charter. The note could be inserted after the first sentence of Charter Section 4.02 stating: [City Clerk's Note: Minnesota Statutes, Section 205.065, Subd. 1 provides that a municipal primary for the purpose of nominating elective officers may be held in any city on the second Tuesday.in August of any year in which a municipal general election is to be held for the purpose of electing officers.] Background: The City Attorney has provided an alternate option for the City Council. Attached is an e-mail that includes draft language that could be inserted into the City Charter advising the public of the • requirements of state law regarding the date of the municipal primary. Budget Issues: There are no budget issues to consider. • Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust Curt Boganey tom: LeFevere, Charlie L. <clefevere @Kennedy-Graven.com> ent: Monday, May 14, 2012 11:45 AM To: Sharon Knutson Cc: Curt Boganey Subject: Charter amendment Sharon, Minnesota Statutes, Section 205.065 specifies the date for municipal primary elections as follows: 205.065 PRIMARIES. Subdivision 1.Establishing primary. A municipal primary for the purpose of nominating elective officers may be held in any city on the second Tuesday in August of any year in which a municipal general election is to be held for the purpose of electing officers. The date of a municipal primary held in an odd-numbered year may be postponed for inclement weather as provided in section 205.105. The Charter Commission was not willing to recommend that the Charter be amended to acknowledge this law, apparently because the language of the charter provided for scheduling the primary during a time period that included the date specified by state law. Therefore, the state law was not inconsistent with the Charter. *he Council had recommended the change so that people relying on the Charter for election information would be better informed if the date specified in state law were also stated in the Charter. One approach that would serve to advise the public of the requirements of state law without the expense of an election would be to direct the City Clerk to include a Clerk's note in published versions of the Charter. The note would not be a part of the Charter, but would serve to inform m the public. The note could be inserted after the first sentence of Charter Section 4.02 stating: [City Clerk's Note: Minnesota Statutes,Section 205.065,Subd. 1 provides that a municipal primary for the purpose of nominating elective officers may be held in any city on the second Tuesday in August of any year in which a municipal general election is to be held for the purpose of electing officers.] Charlie Charles L. LeFevere Kennedy and Graven, Chartered 470 U. S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Telephone: (612) 337-9215 Fax: (612) 337-9310 clefevere(a)-ken nedy-g raven.corn 0 1 i COUNCIL ITEM MEMORANDUM DATE: May 10, 2012 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 Recommendation: It is recommended that the City Council remove the item from the table; continue the Public Hearing; take public input; close the Public Hearing; and take action on the ordinance. Background: On March 3, 2010, Governor Pawlenty signed a bill into law to move the date of the State Primary Election to the second Tuesday in August, which also moves the City's Primary Election. Chapter 4 of the City Charter regulates City elections. In accordance with Subd. 5 of Minnesota Statutes 410.12, the City Council proposed a Charter amendment that would make the City Charter language identical to State Statute with respect to election dates and time frames. This was proposed to assist voters and candidates who often refer to the City Charter for answers regarding Brooklyn City election requirements. The way the current Charter is written, a reader may incorrectly assume that the City primary could be held on any date as long as it was at least six weeks in advance of the general election; however, State Law sets a specific date (the second Tuesday of August). In anticipation of an upcoming election, the City Council approved the Ordinance on first reading and submitted it the Charter Commission for its consideration. The Commission met on June 24, 2010, and the Clerk received a draft copy of the minutes in October 2010 which indicated the Charter Commission did not favor a change, but no further communication from the Commission to the City Council was received as was expected. On May 6, 2012, we received a communication from the Charter Commission confirming its opinion, that no change to the City Charter was needed and they did not support adoption of the proposed ordinance. Without the recommendation of the Charter Commission, the ordinance may not be adopted by the City Council. If the Council believes the Charter should be amended to incorporate these changes, I believe the Council needs to recommence the process and follow the Statutory time frames to place the item before the public for a referendum vote. Budget Issues: There are no budget issues to consider. Mission:Ensuring an attractive,clean,safe,hichisive coiminlinity that enhances the quality of life for all people and preserves the public trust DATE: May 8, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 Background: April 12, 2010 — City Council approved first reading of an Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02. April 22, 2010 — Charter Commission met and requested that further information be provided to them including the City Council rationale for the Chatter change and the changed State Statute. April 23, 2010 — Memorandum from City Cleric to City Manager outlining the rationale for the requested Charter amendment May 10, 2010 — Second reading and Public Hearing held, and the City Council continued the Public Hearing until such time as the Charter Commission made its recommendation to the City Council. June 24, 2010—Charter Commission met. October 5, 2010 — Charter Commission Secretary e-mailed the June 24, 2010, Charter Commission draft minutes to City Cleric. May 9, 2011 — City Council discussed tabled agenda items; Mayor states he will invite the Charter Commission Chair to the next meeting. March 12, 2012 —During the discussion of the Charter Commission recommendation regarding changes to the City Charter relating to Eminent Domain, City Manager inquired about the status of a tabled item that was awaiting Charter Commission action; Mayor asked the Charter Commission to provide its opinion in writing regarding the recommended amendment to Sections 4.01 and 4.02 of the City Charter so it can be removed from the City Council's table. May 6, 2012 — Received memorandum from Chatter Commission Chair indicating the Charter Commission recommends no changes to sections 4.01 and 4.02 of the City Charter. Attached for your review are materials from the April 12, and May 10, 2010, City Council meetings. MEMORANDUM Date: May 6, 2012 From: Stan J. Leino, Charter Commission Chairman To: Mister Curt Boganey, City Manager RE: Sections 4.01 and 4.02 of the City Charter The Charter Commission voted in 2010 unanimously that no changes are necessary to the above Charter provisions. The Commission's position is that the dates for elections and primary elections are sufficiently flexible as currently embodied in the Charter to allow for the changes made by the State Legislature. In fact, the Commission argued that the Charter is flexible enough to anticipate almost any date changes for a primary election by the Minnesota Legislature and that to react to the political whims of the Legislature in each term would put the City in the position of cumbersomely changing the Charter to reflect any such changes. The Commission was particularly comforted by the first sentence of Section 4.02, which simply states that a primary election for city council will be at least six weeks in advance of the regular election. The Commission took the position that unless and until such time as the State sets a primary within that six- week window, the City's primary elections are not in violation of State law. Very truly yours, Stan J. Leino Zoning Classification of Certain Land (Southwest Quadrant of Brooklyn Boulevard and 71st Avenue). Motion passed unanimously. 8c. ORDINANCE NO. 2010-06 RELATING TO MUNICIPAL ELECTIONS; AMENDING CITY CODE SECTIONS 29-401,29-402,AND 29-403 City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance, explaining that State Law had been amended to move the Primary Election date up to the second Tuesday in August. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Yelich seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Roche seconded to adopt ORDINANCE NO. 2010-06, an Ordinance Relating to Municipal Elections; Amending City Code Sections 29- 401, 29-402, and 29-403. Motion passed unanimously. 8d. ORDINANCE AMENDING CHAPTER 4 OF THE BROOKLYN CENTER CITY CODE, SECTIONS 4.01 AND 4.02 City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. He noted the Charter Commission had met; however, it had not made a recommendation to the City Council on this charter amendment ordinance. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lasman seconded to continue the Public Hearing on An Ordinance Amending Chapter 4 of the City Charter, Sections 4.01 and 4.02 until such time as the Charter Commission makes its recommendation to the City Council. Motion passed unanimously. 8e. ORDINANCE NO. 2010-07 RELATING TO CAMPAIGN SIGNS; AMENDING CITY CODE SECTION 34-140 05/10/10 -9- cCOUNCIL ITEM MEMORANDUM DATE: May 3, 2010 TO: Curt Boganey, City Manager / FROM: Sharon Knutson Cit y Clerk SUBJECT: An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 (Attachment 1) Recommendation: It is recommended that the City Council open the Public Hearing, take public input, CONTINUE the Public Hearing on An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 to a specified date or until such time as the Charter Commission makes its recommendation to the City Council. By not adopting the charter amendment Ordinance, there will be no effect on the date of the City Primary Election, as State Statutes supersede home rule charters. Background: On March 3, 2010, Governor Pawlenty signed a bill into law (Chapter 184 of 2010 Session Laws, SF 2251 — Attachment 5) to move the date of the State Primary Election to the second Tuesday in August (in 2010 it is August 10), which also moves the City's Primary Election. Chapter 4 of the City Charter regulates City elections. At its April 12, 2010, meeting the Brooklyn Center City Council approved first reading of An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02. The charter amendment Ordinance reflects the change in Minnesota Statutes 205.065, subdivision 1 and 205.13, subdivision la and also includes some housekeeping amendments updating the terminology for elections to be consistent with state law. The draft charter amendment Ordinance was forwarded to the Charter Commission for review .and recommendation at its April 22, 2010, meeting. It was anticipated that the Charter Commission would recommend the charter amendment Ordinance to the City Council; however, the Charter Commission has requested further clarification as to the rationale for the charter change (Attachment 3). lrr a memo to the City Manager dated April 23, 2010, I provided the rationale for changing the language in Section 4.02 of the City Charter (Attaclmlent 4) and provided a copy of Chapter 184 of 2010 Session Laws (Attachment 5). Minnesota Statutes § 410.12 describes the various methods to amend the City Charter (Attacturrent 2). Charter amendment Ordinance as it was approved at first reading is attached. The second reading and Public Hearing are scheduled for this evening. Notice of Public Hearing was published in the Brooklyn Center Shia-Post newspaper on April 22, 2010. Budget Issues: There are no budget issues to consider. ;Mission:Ensuring au attractive,clean,safe cotuntunitV tltat ettbances the quality gl'life acid preserves the public trust Attachment 1 May 10 , 2010 City Council All Packet I CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of May 2010 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creels Parkway, to consider An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02. 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 4 OF THE BROOKLYN CENTER CITY CHARTER, SECTIONS 4.01 AND 4.02 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 4.01 of the Brooklyn Center City Charter is hereby amended as follows: Section 4.01. T14E REGU n u MUNICIPAL GENERAL ELECTION. A i:egular municipal general neral election shall be held on the first Tuesday after the first Monday in November of even- numbered years at such place or places as the City Council may designate. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 2. Section 4.02 of the Brooklyn Center City Charter is hereby amended as follows: Section 4.02. MUNICIPAL PRIMARY ELECTIONS. On the second Tuesday, at least six t eAs in ^dvanee of the regul r in August of the year in which a municipal eg neral election is to be held, there shall be a municipal primary election for the selection of two nominees for each elected office at the i:eg-ular-municipal eg_neral election unless no more than two nominees file for each elective office. When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Cleric shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1)public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 3. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. ORDINANCE NO. Adopted this day of 2010. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (St-mot indicates matter to be deleted, underline indicates new matter.) Attachment 2 May 10 , 2010 City Council Agenda Packet i 1 MINNESOTA STATUTES 2009 410.12 410.12 AMENDMENTS. Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 12 weeks before the general election. Only registered voters are eligible to sign the petition.All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summa of not less than 50 nor more than 300 words setting forth in substance the nature of the summary g proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment.The summary,together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. Subd. la. Alternative methods of charter amendment. A home rule charter may be amended only by following one of the alternative methods of amendment provided in subdivisions 1 to 7. Subd. 2. Petitions. The signatures to such petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator thereof as p rovided by this section. A petition must contain each petitioner's signature in ink or indelible pencil and must indicate after the signature the place of residence by street and number, or other description sufficient to identify the place.There shall appear on each petition the names and addresses of five electors of the city, and on each paper the names and addresses of the same five electors,who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. The affidavit attached to each petition shall be as follows: Stateof .................................................) ss. Countyof .............................................) .............. ................. being duly sworn, deposes and says that the affiant, and the affiant only,personally circulated the foregoing paper, that all the signatures appended thereto were Copyright©2009 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 2 MINNESOTA STATUTES 2009 410.12 made in the affiiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Signed ............................ (Signature of Circulator) Subscribed and sworn to before me this ....... day of...... ....... Notary Public (or other officer) authorized to administer oaths The foregoing affidavit shall be strictly construed and any affiant convicted of swearing falsely as regards any particular thereof shall be punishable in accordance with existing law. Subd. 3.May be assembled as one petition. All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instrument. Within ten days after such petition is transmitted to the city council, the city clerk shall determine whether each paper of the petition is properly attested and whether the petition is signed by a sufficient number of voters. The city clerk shall declare any petition paper entirely invalid which is not attested by the circulator thereof as required in this section. Upon completing an examination of the petition, the city clerk shall certify the result of the examination to the council. If the city clerk shall certify that the petition is insufficient the city clerk shall set forth in a certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of the findings. A petition may be amended at any time within ten days after the making of a certificate of insufficiency by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall within five days after such amendment is filed, make examination of the amended petition, and if the certificate shall show the petition still to be insufficient, the city clerk shall file it in the city clerk's office and notify the committee of the petitioners of the findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Subd. 4. Election.Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the original Copyright©2009 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. i 3 MINNESOTA STATUTES 2009 410.12 charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. Subd. 5. Amendments proposed by council.The council of any city having a home rule charter may propose charter amendments to the voters by ordinance. Any ordinance proposing such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the charter commission shall review the proposed amendment but before the expiration of such period the commission may extend the time for review for an additional 90 days by filing with the city clerk its resolution determining that an additional time for review is needed. After reviewing the proposed amendment,the charter commission shall approve or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify the council of the action taken. On notification of the charter commission's action, the council may submit to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or the substitute amendment proposed by the charter commission. The amendment shall become effective only when approved by the voters as p rovided in subdivision 4. If so approved it shall be filed in the same manner as other amendments.Nothing in this subdivision precludes the charter commission from proposing charter amendments in the manner provided by subdivision 1. Subd. 6.Amendments, cities of the fourth class. The council of a city of the fourth class having a home rule charter may propose charter amendments by ordinance without submission to the charter commission. Such ordinance, if enacted, shall be adopted by at least a four-fifths vote of all its members after a public hearing upon two weeks'published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. The council shall submit the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three months after the passage of the ordinance. The amendment becomes effective only when approved by the voters as p rovided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments. Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such Copyright©2009 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 4 MINNESOTA STATUTES 2009 410.12 later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. i The petition must be signed by registered voters equal in number to at least five percent of the registered voters in the city or 2,000, whichever is less. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. History: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s 1; 1949 c 122 s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027 s 3; 1973 c 503 s 1-4; 1986 c 444; 1998 c 254 art 1 s 107; 1999 c 132 s 42; 2005 c 93 s 1; 2008 c 331 s 7 Copyright©2009 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. Attachment 3 May 10 , 201' 0 City Council Agenda Packet i AFT MINUTES OF April 22 2010 (DRAFT) p 9 BROOKLYN CENTER CHARTER COMMISSION MEETING Called to order by Chairman Stan Leino at 7:36 PM. Roll Call: Secretary Gary Brown called roll; Gary Brown, Gail Ebert, Stan Leino, Bruce Lund, Ed Nelson, Richard Phillips and Eileen Oslund were present. Excused Absences: Harold Middleton, Bruce Lynes Consideration of Minutes Motion by Lund seconded by Nelson to approve minutes of January 28, 2009 Unanimously approved 6- 0 Report of Audit Chair Audit Chairman Eileen Oslund reported that$110.83 was spent in 2009 for postage, and mailing cost of meeting notices and minutes as well as for the attendance by Secretary Brown to the City Birthday Celebration. Motion by Phillips, Seconded by Oslund, to approve the 2009 audit of expenditures in the amount of$110.83 for the Brooklyn Center Charter Commission. New Business Changes to the City's primary election date(s) A lengthy discussion was held by the commission regarding the City Council initiated change in city charter regarding a recent change in state statute pertaining to primary election dates. The proposed ordinance sets a specific date for the Primary election(second Tuesday in August). Charter Commission members discussed the need to change the charter since the second Tuesday date in August is considerably more weeks than the six weeks required in the city charter. Since the city council request did not include the rationale nor did it include the actual state statute change the commission felt they could not talce any action at the meeting. Motion by Nelson, seconded by Phillips, to request the city council to provide further direction(including their rationale for the charter change) and information(including the recently changed state statute) regarding their suggested change to Section 4 of the City Charter. Passed unanimously 6-0 Other Business Next Meeting Agenda Item It was determined that the agenda for June 24, 2010 should include a review of the current bylaws especially related to the requirement of 8 votes to approve a change to the charter. Charter Commission Pamphlet At the last meeting, secretary Brown was directed to prepare a draft brochure regarding the Charter Commission. When City Clerk saw the draft minutes she contacted secretary Brown and thus a copy of the existing city brochure was sent out to commission members. Future meeting dates: June 24, October 28, 2010 Motion by Brown, seconded by Lund, to set a tentative meeting for May 20, 2010, if determined necessary by chairman Leino, regarding the proposed city ordinance change related to Section 4 of the City Charter. Adjoitynnient Motion by Nelson, seconded by Lund,to adjourn the meeting at 8:50 PM. Passed unanimously 6- 0. Submitted for consideration, Gary E. Brown, Secretary Attachment 4 May 10 , 2010 City Council A genda Packet X fy of KLYN Office of the City Clerk TER MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Cleric DATE: April 23, 2010 SUBJECT: Proposed Ordinance Amending City Charter Sections 4.01 and 4.02 The Charter Commission met last night and one of its agenda items was discussion of the proposed ordinance amending the City Charter, which the City Council approved for first reading on April 12, 2010. Charter Commission Secretary Gary Brown e-mailed the minutes of the meeting — see attached. The minutes indicate that no action was taken on the proposed ordinance amending the City Charter. The Charter Commission has requested further information be provided including the City Council rationale for the charter change and the recently changed state statute. On March 3, 2010, Gov. Pawlenty signed a bill into law (Chapter 184 — see attached) that moves the state primary to the second Tuesday in August. The law also moved city primaries to the same day (Minn. Stat. § 205.065, subdivision 1). The effective date of the law was March 4, 2010. CURRENT CHARTER LANGUAGE. Section 4.02 of the City Charter provides for primary elections and currently reads: Section 4.02. PRIMARY ELECTIONS. On Tuesday, at least six (6) weeks in advance of the regular municipal election, there shall be a primary election for the selection of two nominees for each elected office at the regular municipal election unless no more than two nominees file for each elective office. When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1)public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate,such election. PROPOSED CHARTER AMENDMENT. The proposed amendinent to Section 4.02 is (underline new matter; strikeout matter to be deleted): Section 4.02. MUNICIPAL PRIMARY ELECTIONS. On the second Tuesday, at least six weeks in ad-vane° of the -egul in August of the year in which a municipal e� neral election is to be held, there shall be a municipal primary election for the selection of two nominees for each elected office at the filar municipal eig Zeral election unless no more than two nominees file for each elective office. When two vacancies exist on the Council and the number of candidates is I Mr. Curt Boganey Page 2 April 23, 2010 more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1)public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. The rationale to changing the language in Section 4.02 of the City Charter is to be consistent with State Statutes. Section 4.01 of the City Charter specifically identifies when the municipal general election shall be held (the first Tuesday after the first Monday in November of even-numbered years). Section 4.02 does not indicate a specific date, but provides a general timeframe of at least six (6) weeks in advance of the municipal general election. Although the language in Section 4.02 does not conflict with State Statutes, it implies that the municipal primary could be held on any date as long as it was at least six (6) weeks in advance of the general election; however, State Law sets a specific date (the second Tuesday in August). Attachment 5 May 10 , 2010 City Council Agenda Packet Chapter 184 -Revisor of Statutes Page 1 of 15 Minnesota Sessions Lawn Search Key: (1) langtiage to be deleteel (2) new language 2010, Regular Session This document represents the act as presented to the governor. The version passed by the legislature is the final engrossment. It does not represent the official 2010 session law, which will be available here summer 2010. CHAPTER 184--S.F.No. 2251 An act relating to elections; changing the date of the state primary; changing certain primary-related dates and provisions;amending Minnesota Statutes 2008, sections 10A.31, subdivision 6; 10A.321; 10A.322, subdivision 1; I OA.323; 20313.06, subdivision 1; 20313.081; 203B.13, subdivision 2; 203B.17, subdivision 1; 203B.22; 20313.225, subdivision 1; 20313.23, subdivision 2; 20413.09, subdivision 1; 20413.14, subdivisions 2, 4; 20413.2 1, subdivision 1; 20413.33; 204B.35, subdivision 4; 20413.45, subdivision 2; 204C.26, subdivision 3; 204D.03, subdivision 1; 204D.09, subdivision 1; 204D.28, subdivisions 5, 6, 8, 9; 205.065, subdivisions 1, 2; 205.13, subdivision la; 205.16, subdivisions 4, 5; 205A.03, subdivisions 1, 2; 205A.05, subdivision 3; 205A.06, subdivision la; 205A.07, subdivisions 3, 3a, 3b; 205A.11, subdivision 2a; 206.6 1, subdivision 5; 208.03; 21113.045; 410.12, subdivision 1; 447.32, subdivision 4; Minnesota Statutes 2009 Supplement, section 206.82, subdivision 2. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2008, section 10A.31, subdivision 6, is amended to read: Subd. 6. Distribution of party accounts. As soon as the board has obtained from the secretary of state the results of the primary election, but no later than one week after certification by the State Canvassing Board of the results of the primary, the board must distribute the available money in each party account, as certified by the commissioner of revenue on Septembe one week before the state primary,to the candidates of that party who have signed a spending limit agreement under section 10A.322 and filed the affidavit of contributions required by section I OA.323,who were opposed in either the primary election or the general election, and whose names are to appear on the ballot in the general election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy from the party account may not be paid in an amount greater than the expenditure limit of the candidate or the expenditure limit that would have applied to the candidate if the candidate had not been freed from expenditure limits under section 10A.25, subdivision 10 . next reniftr rrinent date for pt+he sttbsidies for that clection eyele that ocetirs ftt lefts 15 days aftei-the eandidftte files the ftffidft-vit. httns://www.revisor.mn.2ov/laws/?id=184&doctvoe=Chapter&near=2010&type=0 05/03/2010 Chapter 184 - Revisor of Statutes Page 2 of 15 Sec. 2. Minnesota Statutes 2008, section 10A.321, is amended to read: 1OA.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED. Subdivision 1. Calculation and certification of estimates. The commissioner of revenue must calculate and certify to the board one week before Rtly-1 the first day for filing for office in each election year an estimate of the total amount in the state general account of the state elections campaign fund and the amount of money each candidate who qualifies, as provided in section 1 OA.31, subdivisions 6 and 7,may receive from the candidate's party account in the state elections campaign fund. This estimate must be based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any necessary vote totals provided by the secretary of state to apply the formulas in section 1 OA.31, subdivisions 5 and 5a, and the amount of money expected to be available after 100 percent of the tax returns have been processed. Subd. 2. Publication, certification, and notification procedures. Before the first day of filing for office, the board must publish and forward to all filing officers the estimates calculated and certified under subdivision 1 along with a copy of section 10A.25, subdivision 10. Within seven one week after the last day for filing for office, the secretary of state must certify to the board the name, address, office sought, and party affiliation of each candidate who has filed with that office an affidavit of candidacy or petition to appear on the ballot. The auditor of each county must certify to the board the same information for each candidate who has filed with that county an affidavit of candidacy or petition to appear on the ballot. Within two weeks after the last day for filing for office,the board must notify all candidates of their estimated minimum amount. The board must include with the notice a form for the agreement provided in section 10A.322 along with a copy of section 10A.25, subdivision 10. Sec. 3. Minnesota Statutes 2008, section 10A.322, subdivision 1, is amended to read: Subdivision 1. Agreement by candidate. (a) As a condition of receiving a public subsidy, a candidate must sign and file with the board a written agreement in which the candidate agrees that the candidate will comply with sections 10A.25; 1OA.27, subdivision 10 ; 10A.31, subdivision 7, paragraph(c); IOA.324; and 10A.38. (b) Before the first day of filing for office,the board must forward agreement forms to all filing officers. The board must also provide agreement forms to candidates on request at any time. The candidate must file the agreement with the board by Sertember� at least three weeks before the candidate's state primary. An agreement may not be filed after that date. An agreement once filed may not be rescinded. (c) The board must notify the commissioner of revenue of any agreement signed under this subdivision. (d)Notwithstanding paragraph(b), if a vacancy occurs that will be filled by means of a special election and the filing period does not coincide with the filing period for the general election, a candidate may sign and submit a spending limit agreement not later than the day after the candidate files the affidavit of candidacy or nominating petition for the office. Sec. 4. Minnesota Statutes 2008, section 10A.323, is amended to read: 10A.323 AFFIDAVIT OF CONTRIBUTIONS. httn.-//www.revi.er.mn.gov/law./?id=184&doctvne=Chanter&vear=2010&tune=0 05/03/2010 Chapter 184 - Revisor of Statutes Page 3 of 15 In addition to the requirements of section 10A.322,to be eligible to receive a public subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit with the board stating that between January 1 of the election year and the cutoff date for transactions included in the report of receipts and expenditures due before the primary election the candidate has accumulated contributions from persons eligible to vote in this state in at least the amount indicated for the office sought, counting only the first$50 received from each contributor: (1) candidates for governor and lieutenant governor running together, $35,000; (2) candidates for attorney general, $15,000; (3) candidates for secretary of state and state auditor, separately, $6,000; (4) candidates for the senate, $3,000; and (5) candidates for the house of representatives, $1,500. The affidavit must state the total amount of contributions that have been received from persons eligible to vote in this state, disregarding the portion of any contribution in excess of$50. The candidate or the candidate's treasurer must submit the affidavit required by this section to the board in writing by the etftoff dafe deadline for reporting of receipts and expenditures before a primary under section 10A.20, subdivision 4. A candidate for a vacancy to be filled at a special election for which the filing period does not coincide with the filing period for the general election must submit the affidavit required by this section to the board within five days after filing the affidavit of candidacy. Sec. 5. Minnesota Statutes 2008, section 203B.06, subdivision 1, is amended to read: Subdivision 1. Printing and delivery of forms.Each county auditor and municipal clerk shall prepare and print a sufficient number of blank application forms for absentee ballots. The county auditor or municipal clerk shall deliver a blank application form to any voter who requests one pursuant to section 203B.04.Blank application forms must be mailed to eligible voters who have requested an application pursuant to section 203B.04, subdivision 5 or 6, at least 60 days before: (1) each regularly scheduled primary for federal, state, county, city, or school board office; (2) each regularly scheduled general election for city or school board office for which a primary is not held; and (3) a special primary to fill a federal office vacancy or special election to fill a federal office vacancy, if no major party has more than one candidate after the time for withdrawal has expired; or at least 45 days before any other primal or other election for which a primary is not held. Sec. 6.Minnesota Statutes 2008, section 203B.081, is amended to read: 203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON. An eligible voter may vote by absentee ballot in the office of the county auditor and at any other polling place designated by the county auditor during the 46 days before a regularly scheduled election for federal state, county, city, or school board office or a special election for a federal office, and during the 30 days before flee any other election httns://www.revisor.mn.aov/laws/?id=184&doctvpe=Chapter&vear=2010&tvpe=0 05/03/2010 Chapter 184 -Revisor of Statutes Page 4 of 15 rifer. The county auditor shall make such designations at least 98s 14 weeks before the election. At least one voting booth in each polling place must be made available by the county auditor for this purpose. The county auditor must also make available at least one electronic ballot marker in each polling place that has implemented a voting system that is accessible for individuals with disabilities pursuant to section 206.57, subdivision 5. Sec. 7. Minnesota Statutes 2008, section 203B.13, subdivision 2, is amended to read: Subd. 2. Duties. The absentee ballot board may examine all return absentee ballot envelopes and accept or reject absentee ballots in the manner provided in section 20313.12. The absentee ballot board may begin the process of examining the return envelopes and marking them "accepted" or"rejected" at any time during the 36 45 days before the election. If an envelope has been rejected at least five days before the election,the ballots in the envelope must be considered spoiled ballots and the official in charge of the absentee ballot board shall provide the voter with a replacement absentee ballot and return envelope in place of the spoiled ballot. Sec. 8. Minnesota Statutes 2008, section 203B.17, subdivision 1, is amended to read: Subdivision 1. Submission of application. (a)An application for absentee ballots for a voter described in section 20313.16 may be submitted in writing or by electronic facsimile device, or by electronic mail upon determination by the secretary of state that security concerns have been adequately addressed. An application for absentee ballots for a voter described in section 20313.16 may be submitted by that voter or by that voter's parent, spouse, sister,brother, or child over the age of 18 years. For purposes of an application under this subdivision, a person's Social Security number,no matter how it is designated,qualifies as the person's military identification number if the person is in the military. (b)An application for a voter described in section 20313.16, subdivision 1, shall be submitted to the county auditor of the county where the voter maintains residence. (c)An application for a voter described in section 203B.16, subdivision 2, shall be submitted to the county auditor of the county where the voter last maintained residence in Minnesota. (d)An application for absentee ballots shall be valid for any primary, special primary, general election, or special election from the time the application is received through the end of that calendar year. (e)There shall be no limitation of time for filing and receiving applications for ballots under sections 203B.16 to 20313.27. Sec. 9. Minnesota Statutes 2008, section 20313.22, is amended to read: 20311.22 MME TRANSMITTING BALLOTS. The county auditor shall ma4 transmit the appropriate ballots, as promptly as possible,to an absent voter whose application has been recorded under section 20313.19. If the county auditor determines that a voter is not eligible to vote at the primary but will be eligible to vote at the general election,only general election ballots shall be maned transmitted. Only one set of ballots shall be maned transmitted to any applicant for any election, except that the county auditor may maid transmit a replacement ballot httDs://www.revisor.mn.aov/laws/?id=184&doctvpe=Chapter&vear=2010&tvpe=0 05/03/2010 Chapter 184 -Revisor of Statutes Page 5 of 15 to a voter whose ballot has been spoiled or lost in transit or whose mailing address has changed after the date on which the original application was submitted as confirmed by the county auditor. Ballots to be sent outside the United States shall be given priority in mail g transmission. A county auditor may make use of any special service provided by the United States government for the traii tg transmission of voting materials under sections 20313.16 to 203B.27. i Sec. 10. Minnesota Statutes 2008, section 203B.225, subdivision 1, is amended to read: Subdivision 1. Transmitting ballot and certificate of voter eligibility. A voter described in section 203B.16 may include in an application for absentee ballots a request that the ballots, instructions, and a certificate of voter eligibility meeting the requirements of section 203B.21, subdivision 3,be transmitted to the voter electronically. Upon receipt of a properly completed application requesting electronic transmission,the county auditor shall electronically transmit the requested materials to the voter. The county auditor is not required to provide return postage to voters to whom ballots are transmitted electronically. Sec. 11. Minnesota Statutes 2008, section 20313.23, subdivision 2, is amended to read: Subd. 2. Duties. The absentee ballot board must examine all returned absentee ballot envelopes for ballots issued under sections 203B.16 to 20313.27 and accept or reject the absentee ballots in the manner provided in section 20313.24. If the certificate of voter eligibility is not printed on the return or administrative envelope,the certificate must be attached to the ballot secrecy envelope. The absentee ballot board must immediately examine the return envelopes and mark them "accepted" or"rejected" during the 3$45 days before the election. If an envelope has been rejected at least five days before the election, the ballots in the envelope must be considered spoiled ballots and the official in charge of the absentee ballot board must provide the voter with a replacement absentee ballot and return envelope in place of the spoiled ballot. Sec. 12. Minnesota Statutes 2008, section 20413.09, subdivision 1, is amended to read: Subdivision 1. Candidates in state and county general elections. (a)Except as otherwise provided by this subdivision, affidavits of candidacy and nominating petitions for county, state, and federal offices filled at the state general election shall be filed not more than 40 84 days nor less than-%70 days before the state primary. The affidavit may be prepared and signed at any time between 60 days before the filing period opens and the last day of the filing period. (b)Notwithstanding other law to the contrary, the affidavit of candidacy must be signed in the presence of a notarial officer or an individual authorized to administer oaths under section 358.10. (c) This provision does not apply to candidates for presidential elector nominated by major political parties. Major party candidates for presidential elector are certified under section 208.03. Other candidates for presidential electors may file petitions ert ,Dr bef6re+e at least 77 days before the general election day pursuant to section 20413.07.Nominating petitions to fill vacancies in nominations shall be filed as provided in section 204B.13.No affidavit or petition shall be accepted later than 5:00 p.m. on the last day for filing. httns://www.revisor.mn.Lyov/laws/?id=184&doctvpe=Chanter&vear=2010&tvpe=0 05/03/2010 Chapter 184 - Revisor of Statutes Page 6 of 15 (d)Affidavits and petitions for county offices must be filed with the county auditor of that county. Affidavits and petitions for federal offices must be filed with the secretary of state. Affidavits and petitions for state offices must be filed with the secretary of state or with the county auditor of the county in which the candidate resides. (e)Affidavits other than those filed pursuant to subdivision 1 a must be submitted by mail or by hand,notwithstanding chapter 325L, or any other law to the contrary and must be received by 5:00 p.m. on the last day for filing. Sec. 13. Minnesota Statutes 2008, section 204B.14, subdivision 2, is amended to read: Subd. 2. Separate precincts; combined polling place. (a) The following shall constitute at least one election precinct: (1) each city ward; and (2) each town and each statutory city. (b) A single, accessible, combined polling place may be established no later than +tine May 1 of any year: (1) for any city of the third or fourth class, any town, or any city having territory in more than one county, in which all the voters of the city or town shall cast their ballots; (2) for two contiguous precincts in the same municipality that have a combined total of fewer than 500 registered voters; (3) for up to four contiguous municipalities located entirely outside the metropolitan area, as defined by section 200.02, subdivision 24, that are contained in the same county; or (4) for noncontiguous precincts located in one or more counties. A copy of the ordinance or resolution establishing a combined polling place must be filed with the county auditor within 30 days after approval by the governing body. A polling place combined under clause (3)must be approved by the governing body of each participating municipality. A polling place combined under clause (4)must be approved by the governing body of each participating municipality and the secretary of state and ` may be located outside any of the noncontiguous precincts. A municipality withdrawing from participation in a combined polling place must do so by filing a resolution of withdrawal with the county auditor no later than"-April 1 of any year. The secretary of state shall provide a separate polling place roster for each precinct served by the combined polling place. A single set of election judges may be appointed to serve at a combined polling place. The number of election judges required must be based on the total number of persons voting at the last similar election in all precincts to be voting at the combined polling place. Separate ballot boxes must be provided for the ballots from each precinct. The results of the election must be reported separately for each precinct served by the combined polling place, except in a polling place established under clause(2) where one of the precincts has fewer than ten registered voters, in which case the results of that precinct must be reported in the manner specified by the secretary of state. Sec. 14. Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to read: Subd. 4. Boundary change procedure.Any change in the boundary of an election precinct 4=4 must be adopted at least 90 days before the date of the next election and, for the state primary and general election,no later than Acne May 1 in the year of the state general election. The precinct boundary change shall not take effect until notice of the change has been posted in the office of the municipal clerk or county auditor for at httns://www.revisor.mn.aov/laws/?id=184&doctvpe=Chapter&vear=2010&type=0 05/03/2010 Chapter 184 -Revisor of Statutes Page 7 of 15 least 60 days. The county auditor must publish a notice illustrating or describing the congressional, legislative, and county commissioner district boundaries in the county in one or more qualified newspapers in the county at least 14 days priorta before the first day to file affidavits of candidacy for the state general election in the year ending in two. Alternate dates for adopting changes in precinct boundaries, posting notices of boundary changes, and notifying voters affected by boundary changes pursuant to this subdivision, and procedures for coordinating precinct boundary changes with reestablishing local government election district boundaries may be established in the manner provided in the rules of the secretary of state. Sec. 15. Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read: Subdivision 1. Appointment lists; duties of political parties and county auditor. On May 1 in a year in which there is an election for a partisan political office,the county or legislative district chairs of each major political party, whichever is designated by the state party, shall prepare a list of eligible voters to act as election judges in each election precinct in the county or legislative district. The chairs shall furnish the lists to the county auditor of the county in which the precinct is located. By Jttne f-5 May 15,the county auditor shall furnish to the appointing authorities a list of the appropriate names for each election precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted by the county auditor for each major political party. Sec. 16. Minnesota Statutes 2008, section 204B.33, is amended to read: 2045.33 NOTICE OF FILING. (a) At least 15 weeks before the state primary,the secretary of state shall notify each county auditor of the offices to be voted for in that county at the next state general election for which candidates file with the secretary of state. The notice shall include the time and place of filing for those offices. Within ten days after notification by the secretary of state, each county auditor shall notify each municipal clerk in the county of all the offices to be voted for in the county at that election and the time and place for filing for those offices. The county auditors and municipal clerks shall promptly post a copy of that notice in their offices. (b)At least two weeks before the first day to file an affidavit of candidacy,the county auditor shall publish a notice stating the first and last dates on which affidavits of candidacy may be filed in the county auditor's office and the closing time for filing on the last day for filing. The county auditor shall post a similar notice at least ten days before the first day to file affidavits of candidacy. Sec. 17. Minnesota Statutes 2008, section 204B.35, subdivision 4, is amended to read: Subd. 4. Absentee ballots; preparation; delivery. At least 46 days before a regularly scheduled election for federal state county, city, or school board office or a special election for federal office and at least 30 des before any other election ballots necessary to fill applications of absentee voters shall be prepared and delivered atleast 30 days bef6re 4-re eicetimr.to the officials who administer the provisions of chapter 203B. This section applies to school district elections held on the same day as a statewide httDs://www.revisor.mn.aov/laws/?id=184&doctvpe=Chapter&vear=2010&tvpe=0 05/03/2010 Chapter 184 -Revisor of Statutes Page 8 of 15 election or an election for a county or municipality located partially or wholly within the school district. Sec. 18. Minnesota Statutes 2008, section 20413.45, subdivision 2, is amended to read: Subd. 2. Procedure.Notice of the election and the special mail procedure must be given at least six weeks prior to the election.Not more than 46 days nor later than 14 days before a regularly scheduled election for federal, state county, city, or school board office or a special election for federal office and not more than 30 days nor later than 14 days priori-- before an. offer election,the auditor shall mail ballots by nonforwardable mail to all voters registered in the town or unorganized territory. No later than 14 days before the election,the auditor must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election. Eligible voters not registered at the time the ballots are mailed may apply for ballots as provided in chapter 203B. Ballot return envelopes,with return postage provided, must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person to the office of the auditor or clerk. The auditor or clerk may appoint election judges to examine the return envelopes and mark them "accepted" or "rejected" during the-940 45 days before the election. If an envelope has been rejected at least five days before the election,the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall provide the voter with a replacement ballot and return envelope in place of the spoiled ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter resides. Any ballot received by 8:00 p.m. on the day of the election must be counted. Sec. 19. Minnesota Statutes 2008, section 204C.26, subdivision 3, is amended to read: Subd. 3. Secretary of state. On or befibre Rily 1 o No later than ten weeks before the state primary each even-numbered year, the secretary of state shall prescribe the form for summary statements of election returns and the methods by which returns for the state primary and state general election shall be recorded by precinct, county, and state election officials. Each county auditor and municipal or school district clerk required to furnish summary statements shall prepare them in the manner prescribed by the secretary of state. The summary statement of the primary returns shall be in the same form as the summary statement of the general election returns except that a separate part of the summary statement shall be provided for the partisan primary ballot and a separate part for the nonpartisan primary ballot. Sec. 20. Minnesota Statutes 2008, section 204D.03, subdivision 1, is amended to read: Subdivision 1. State primary. The state primary shall be held on the fir�second Tuesday trfter the seeond Nlortdfty irt September-in August in each even-numbered year to select the nominees of the major political parties for partisan offices and the nominees for nonpartisan offices to be filled at the state general election, other than presidential electors. Sec. 21. Minnesota Statutes 2008, section 204D.09, subdivision 1, is amended to read: Subdivision 1. Example ballot. (a)No later than Rtne 1 May 1 of each year,the secretary of state shall supply each auditor with a copy of an example ballot. The example ballot must illustrate the format required for the ballots used in the primary and general elections that year. httDs://www.revisor.nm.2ov/laws/?id=184&doctvpe=Chapter&year=2010&type=0 05/03/2010 Chapter 184 - Revisor of Statutes Page 9 of 15 (b) The county auditor shall distribute copies of the example ballot to municipal and school district clerks in municipalities and school districts holding elections that year. The official ballot must conform in all respects to the example ballot. Sec. 22. Minnesota Statutes 2008, section 204D.28, subdivision 5, is amended to read: Subd. 5. Regular state primary. "Regular state primary" means: (a)the state primary at which candidates are nominated for offices elected at the state general election; or (b) a primary held_=_._weeks before ____ firs_on the second Tuesday affer the____, Monday in��-vetrrber in August of odd-numbered years. Sec. 23. Minnesota Statutes 2008, section 204D.28, subdivision 6, is amended to read: Subd. 6. Special election required; exception; when held. Every vacancy shall be filled for the remainder of the term by a special election held pursuant to this subdivision; except that no special election shall be held in the year before the term expires. The special election shall be held at the next November election if the vacancy occurs at least sip 11 weeks before the regular state primary preceding that election. If the vacancy occurs less than six 11 weeks before the regular state primary preceding the next November election,the special election shall be held at the second November election after the vacancy occurs. Sec. 24. Minnesota Statutes 2008, section 204D.28, subdivision 8, is amended to read: Subd. 8. Notice of special election.The secretary of state shall issue an official notice of any special election required to be held pursuant to this section not later than fen 16 weeks before the special primary, except that if the vacancy occurs tent 16 weeks or less before the special primary,the secretary of state shall issue the notice no later than two days after the vacancy occurs. The notice shall state the office to be filled,the opening and closing dates for filing of candidacy and the dates of the special primary and special election. For the purposes of those provisions of sections 204D.17 to 204D.27 that apply generally to special elections,this notice shall be used in place of the writ of the governor. Sec. 25. Minnesota Statutes 2008, section 204D.28, subdivision 9, is amended to read: Subd. 9. Filing by candidates. The time for filing of affidavits and nominating petitions for candidates to fill a vacancy at a special election shall open six 12 weeks before the special primary or on the day the secretary of state issues notice of the special election, whichever occurs later. Filings shall close fetir ten weeks before the special primary. Sec. 26. Minnesota Statutes 2008, section 205.065, subdivision 1, is amended to read: Subdivision 1. Establishing primary. A municipal primary for the purpose of nominating elective officers may be held in any city on the first second Tuesday awe in August of any year in which a municipal general election is to be held for the purpose of electing officers. Sec. 27. Minnesota Statutes 2008, section 205.065, subdivision 2, is amended to read: Subd. 2. Resolution or ordinance. The governing body of a city may, by ordinance or resolution adopted by April 15 in the year when httns://www.revisor.nm.cov/laws/?id=184&doctv-oe=Chanter&vear=2010&tvpe=0 05/03/2010 Chapter 184 -Revisor of Statutes Page 10 of 15 a municipal general election is held, elect to choose nominees for municipal offices by a primary as provided in this section. The resolution or ordinance,when adopted, is effective for all ensuing municipal elections until it is revoked. The municipal clerk shall notify the secretary of state and the county auditor within 30 days after the adoption of the resolution or ordinance. Sec. 28. Minnesota Statutes 2008, section 205.13, subdivision la, is amended to read: Subd. la. Filing period.In neipalities a ci nominating candidates at a primary, an affidavit of candidacy for a city office or tovm a+€free voted on in November must be filed not no more than-7$ 84 days nor less than 66 70 days before the first+=�dfty after the in September pfeeeding the TITtinicipal gerteml eketien city primary. In all other municipalities that do not hold a primary, an affidavit of candidacy must be filed rtes no more than 70 days and not less than 56 days before the municipal general election held in March in any year, or a special election not held in conjunction with another election, and no more than 91 days nor less than 77 days before the municipal general election held in November of my year. Sec. 29. Minnesota Statutes 2008, section 205.16, subdivision 4, is amended to read: Subd. 4. Notice to auditor.At least 63 74 days prior ter before every municipal election held in connection with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 53 days before any other municipal election,the municipal clerk shall provide a written notice to the county auditor, including the date of the election,the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. Not less+an 46 At least 74 days before#fie a re ug larly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 46 days before any other election,the municipal clerk must provide written notice to the county auditor of any special election canceled under section 205.10, subdivision 6. Sec. 30. Minnesota Statutes 2008, section 205.16, subdivision 5, is amended to read: Subd. 5. Notice to secretary of state.At least 46 74 days prior to before every municipal election held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 46 days before any other municipal election for which a notice is provided to the county auditor under subdivision 4, the county auditor shall provide a notice of the election to the secretary of state, in a manner and including information prescribed by the secretary of state. Sec. 31. Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read: Subdivision 1. Resolution requiring primary in certain circumstances.The school board of a school district may,by resolution adopted by 3rnze 1-April 15 of any year, decide to choose nominees for school board by a primary as provided in this section. The resolution,when adopted, is effective for all ensuing elections of board members in that school district until it is revoked.If the board decides to choose nominees by primary and if there are more than two candidates for a specified school board position or more than twice as many school board candidates as there are at-large school board positions httns://www.reviser.mn.gev/laws/?id=184&doetvne=Chanter&vear=2010&tvne=0 05/03/2010 Chapter 184 -Revisor of Statutes Page 11 of 15 available,the school district must hold a primary. Sec. 32. Minnesota Statutes 2008, section 205A.03, subdivision 2,is amended to read: Subd. 2. Date. The school district primary must be held on the fist second Tuesday in Augustin the year when the school district general election is held. The clerk shall give notice of the primary in the manner provided in section 205A.07. Sec. 33. Minnesota Statutes 2008, section 205A.05, subdivision 3, is amended to read: Subd. 3. Cancellation. A special election ordered by the school board on its own motion under subdivision 1 may be canceled by motion of the school board, but not less than 46 74 days before#ate an election held in conjunction with a regularly scheduled election for federal state county,,city, or school board office or a special election for federal office,or 46 days before any other election. Sec. 34. Minnesota Statutes 2008, section 205A.06, subdivision la, is amended to read: Subd. la. Filing period.In school districts that have adopted a resolution to choose nominees for school board by a primary election, affidavits of candidacy must be filed with the school district clerk no earlier than the q-o+84th day and no later than the 56th 70th day before the fimt second Tuesday in August in the year when the school district general election is held. In all other school districts, affidavits of candidacy must be filed no earlier than the%+91 st day and no later than the 66i 77th day before the school district general election. Sec. 35. Minnesota Statutes 2008, section 205A.07, subdivision 3, is amended to read: Subd. 3. Notice to auditor. At least 63 74 days primate before every school district election held in conjunction with a regular ly scheduled election for federal, state, county,.city, or school board office or a special election for federal office and at least 53 days before any other school district election,the school district clerk shall provide a written notice to the county auditor of each county in which the school district is located. The notice must include the date of the election,the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. For the purposes of meeting the timelines of this section, in a bond election, a notice, including a proposed question,may be provided to the county auditor prior to before receipt of a review and comment from the commissioner of education and prime before actual initiation of the election.Not less than 46 74 days before the an election held in conjunction with a regularly scheduled election for federal state county,city or school board office or a special election for federal office or 46 days before any other election, the school district clerk must provide written notice to the county auditor of any special election canceled under section 205A.05, subdivision 3. Sec. 36. Minnesota Statutes 2008, section 205A.07, subdivision 3a,is amended to read: Subd. 3a. Notice to commissioner of education.At least 49 74 days prior to before every school district election held in conjunction with a re ug larly scheduled election for federal, state county, city, or school board office or a special election for federal office, and at least 49 days before any other school district election,under section 12313.62, I httns-//www_reviser_mn.gov/laws/?id=184&doetvne=Chanter&year=2010&tvne=0 05/03/2010 I Chapter 184 -Revisor of Statutes Page 12 of 15 12313.63, 126C.17, 126C.69,or 475.58,the school district clerk shall provide a written notice to the commissioner of education. The notice must include the date of the election and the title and language for each ballot question to be voted on at the election.Not less than 46 74 days before eke every school district election held in conjunction with a re ug larly scheduled election for federal state county, city, or school board office or a special election for federal office and at least 46 days before any other school district election,the school district clerk must provide a written notice to the commissioner of education of any special election canceled under section 205A.05, subdivision 3. The certified vote totals for each ballot question shall be provided in a written notice to the commissioner in a timely manner. Sec. 37. Minnesota Statutes 2008, section 205A.07, subdivision 3b, is amended to read: Subd. 3b. Notice to secretary of state.At least 46 74 days prior ter before every school district election held in conjunction with a regularly scheduled election for federal, state, county,., city, or school board office or a special election for federal office and at least 46 days before any other school district election for which a notice is provided to the county auditor under subdivision 3,the county auditor shall provide a notice of the election to the secretary of state,in a manner and including information prescribed by the secretary of state. Sec. 38. Minnesota Statutes 2008, section 205A.11, subdivision 2a,is amended to read: Subd. 2a. Notice of special elections. The school district clerk shall prepare a notice to the voters who will be voting in a combined polling place for a school district special election. The notice must include the following information: the date of the election,the hours of voting, and the location of the voter's polling place. The notice must be sent by nonforwardable mail to every affected household in the school district with at least one registered voter. The notice must be mailed no later than 14 days before the election. The mailed notice is not required for a school district special election that is held on the-ref ,the second Tuesday fallewrng the-seeort Monday in Septe t+er August,the Tuesday following the first Monday in November, or for a special election conducted entirely by mail. In addition,the mailed notice is not required for voters residing in a township if the school district special election is held on the second Tuesday in March and the town general election is held on that day. A notice that is returned as undeliverable must be forwarded immediately to the county auditor. Sec. 39. Minnesota Statutes 2008, section 206.61, subdivision 5, is amended to read: Subd. 5. Alternation.The provisions of the election laws requiring the alternation of names of candidates must be observed as far as practicable by changing the order of the names on an electronic voting system in the various precincts so that each name appears on the machines or marking devices used in a municipality substantially an equal number of times in the first, last, and in each intermediate place in the list or group in which they belong. However,the arrangement of candidates'names must be the same on all voting systems used in the same precinct. If the number of names to be alternated exceeds the number of precincts,the election official responsible for providing the ballots, in accordance with subdivision 1, shall determine by lot the alternation of names. If an electronic ballot marker is used with a paper ballot that is not an optical scan 1hltne•/Axnznv rPvicnr mn onv 11aws 1?ir1=1 OR.tvne=O 05/03/2010 i I Chapter 184 -Revisor of Statutes Page 13 of 15 ballot card,the manner of alternation of candidate names on the paper ballot must be as prescribed for optical scan ballots in this subdivision. The rules adopted by the secretary of state for the rotation of candidate names must use the number of registered voters in each precinct as of 8:00 a.m. on May 1 of the year when the rotation will be made as the basis for determining the rotation of names. Sec. 40.Minnesota Statutes 2009 Supplement, section 206.82, subdivision 2, is amended to read: Subd. 2. Plan. The municipal clerk in a municipality where an electronic voting system is used and the county auditor of a county in which an electronic voting system is used in more than one municipality and the county auditor of a county in which a counting center serving more than one municipality is located shall prepare a plan which indicates acquisition of sufficient facilities, computer time,and professional services and which describes the proposed manner of complying with section 206.80. The plan must be signed,notarized, and submitted to the secretary of state more than 60 days before the first election at which the municipality uses an electronic voting system. Prior t fttllp Before May 1 of each subsequent general election year,the clerk or auditor shall submit to the secretary of state notification of any changes to the plan on file with the secretary of state. The secretary of state shall review each plan for its sufficiency and may request technical assistance from the Office of Enterprise Technology or other agency which may be operating as the central computer authority. The secretary of state shall notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days of receipt of the plan. The attorney general,upon request of the secretary of state,may seek a district court order requiring an election official to fulfill duties imposed by this subdivision or by rules promulgated pursuant to this section. Sec. 41.Minnesota Statutes 2008, section 208.03, is amended to read: 208.03 NOMINATION OF PRESIDENTIAL ELECTORS. Presidential electors for the major political parties of this state shall be nominated by delegate conventions called and held under the supervision of the respective state central committees of the parties of this state. At least 77 days before the general election day the chair of the major political party shall certify to the secretary of state the names of the persons nominated as presidential electors,the names of eight alternate presidential electors, and the names of the party candidates for president and vice president. Sec. 42.Minnesota Statutes 2008, section 21113.045, is amended to read: 2118.045 NONCOMMERCIAL SIGNS EXEMPTION. In any municipality,whether or not the municipality has an ordinance that regulates the size or number of noncommercial signs, all noncommercial signs of any size may be posted in any number from A-agtmf4 46 days before the state primary in a state general election year until ten days following the state general election. Sec. 43. Minnesota Statutes 2008,section 410.12, subdivision 1, is amended to read: Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of ?' = 4k..dne.tvne.=Chanterk.vear=�010&.tvne=0 05/01/2010 httn��//ww�u_revi�nr.mn.unv/laws/.�� 1R Chapter 184 -Revisor of Statutes Page 14 of 15 the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least-1-2 17 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary,together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it,return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. Sec. 44. Minnesota Statutes 2008, section 447.32, subdivision 4, is amended to read: Subd. 4. Candidates; ballots; certifying election.A person who wants to be a candidate for the hospital board shall file an affidavit of candidacy for the election either as member at large or as a member representing the city or town where the candidate resides. The affidavit of candidacy must be filed with the city or town clerk not more than -791 days nor less than�55 77 days before the first Tuesday after the first Monday in November of the year in which the general election is held. The city or town clerk must forward the affidavits of candidacy to the clerk of the hospital district or,for the first election,the clerk of the most populous city or town immediately after the last day of the filing period. A candidate may withdraw from the election by filing an affidavit of withdrawal with the clerk of the district no later than 5:00 p.m.two days after the last day to file affidavits of candidacy. Voting must be by secret ballot. The clerk shall prepare, at the expense of the district,necessary ballots for the election of officers. Ballots must be printed on tan paper and prepared as provided in the rules of the secretary of state. The ballots must be marked and initialed by at least two judges as official ballots and used exclusively at the election. Any proposition to be voted on may be printed on the ballot provided for the election of officers. The hospital board may also authorize the use of voting systems subject to chapter 206. Enough election judges may be appointed to receive the votes at each polling place. The election judges shall act as clerks of election, count the ballots cast, and submit them to the board for canvass. After canvassing the election, the board shall issue a certificate of election to the candidate who received the largest number of votes cast for each office. The clerk shall deliver the certificate to the person entitled to it in person or by certified mail.Each person certified shall file an acceptance and oath of office in writing with the clerk within 30 days after the date of delivery or mailing of the certificate. The board may fill any office as provided in subdivision 1 if the person elected fails to qualify within 30 days,but qualification is effective if made before the board acts to fill the vacancy. liff"o•/Aimnx7 rP[7iCnr mtn fTlnx7 11A[I7C 197!1=1 09 tvnP=n n5m�i�ni n Chapter 184 -Revisor of Statutes Page 15 of 15 Sec. 45. EFFECTIVE DATE. This act is effective the day following final enactment. 1 I I https://www.revisor.mn.mov/laws/?id=184&doetvt)e=Chapter&year=2010&tvpe=0 05/03/2010 City Of ] Office of the City Clerk CENTER A:K MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: April 23, 2010 SUBJECT: Proposed Ordinance Amending City Charter Sections 4.01 and 4.02 The Charter Commission met last night and one.of its agenda items was discussion of the proposed ordinance amending the City Charter, which the City Council approved for first reading on April 12, 2010. Charter Commission Secretary Gary Brown e-mailed the minutes of the meeting — see attached. The minutes indicate that no action was taken on the proposed ordinance amending the City Charter. The Charter Commission has requested further information be provided including the City Council rationale for the charter change and the recently changed state statute. On March 3, 2010, Gov. Pawlenty signed a bill into law (Chapter 184 — see attached) that moves the state primary to the second Tuesday in August. The law also moved city primaries to the same day (Minn. Stat. § 205.065, subdivision 1). The effective date of the law was March 4, 2010. CURRENT CHARTER LANGUAGE. Section 4.02 of the City Charter provides for primary elections and currently reads: Section 4.02. PRIMARY ELECTIONS. On Tuesday, at least six (6) weeks in advance of the regular municipal election, there shall be a primary election for the selection of two nominees for each elected office at the regular municipal election unless no more than two nominees file for each elective office. When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Cleric shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1)public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. PROPOSED CHARTER AMENDMENT. The proposed amendment to Section 4.02 is (underline new matter; strikeout matter to be deleted): Section 4.02. MUNICIPAL PRIMARY ELECTIONS. On the second Tuesday, at least six weeks it ad-vane° of the egg ,•in August of the year in which a municipal general election is to be held, there shall be a municipal primary election for the selection of two nominees for each elected office at the regal municipal general election unless no more than two nominees file for each elective office. When two vacancies exist on the Council and the number of candidates is Mr. Curt Boganey Page 2 April 23, 2010 more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1)public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. The rationale to changing the language in Section 4.02 of the City Charter is to be consistent with State Statutes. Section 4.01 of the City Charter specifically identifies when the municipal general election shall be held (the first Tuesday after the first Monday in November of even-numbered years). Section 4.02 does not indicate a specific date, but provides a general timeframe of at least six (6) weeks in advance of the municipal general election. Although the language in Section 4.02 does not conflict with State Statutes, it implies that the municipal primary could be held on any date as long as it was at least six (6) weeks in advance of the general election; however, State Law sets a specific date (the second Tuesday in August). Chapter 184 -Revisor of Statutes Page 1 of 15 Minnesota Session Laws Search Key: (1) language to be deleted (2) new language Zoio, Regular Session This document represents the act as presented to the governor. The version passed by the legislature is the final engrossment. It does not represent the official 2010 session law, which will be available here summer 2010. CHAPTER 184--S.F.No. 2251 An act relating to elections; changing the date of the state primary; changing certain primary-related dates and provisions;amending Minnesota Statutes 2008, sections 10A.31, subdivision 6; 10A.321; 10A.322, subdivision 1; 10A.323; 203B.06, subdivision 1; 20313.081; 203B.13, subdivision 2; 203B.17, subdivision 1; 20313.22; 20313.225, subdivision 1;20313.23, subdivision 2; 20413.09, subdivision 1; 20413.14, subdivisions 2,4; 20413.21, subdivision 1; 204B.33; 204B.35, subdivision 4; 20413.45, subdivision 2; 204C.26, subdivision 3; 204D.03, subdivision 1; 204D.09, subdivision 1; 204D.28, subdivisions 5, 6, 8, 9; 205.065, subdivisions 1,2;205.13, subdivision la; 205.16, subdivisions 4, 5; 205A.03, subdivisions 1,2; 205A.05, subdivision 3;205A.06, subdivision la; 205A.07, subdivisions 3, 3a, 3b;205A.11, subdivision 2a; 206.61, subdivision 5; 208.03; 21113.045; 410.12, subdivision 1; 447.32, subdivision 4; Minnesota Statutes 2009 Supplement, section 206.82;subdivision 2. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2008, section 10A.31, subdivision 6, is amended to read: Subd. 6. Distribution of party accounts.As soon as the board has obtained from the secretary of state the results of the primary election,but no later than one week after certification by the State Canvassing Board of the results of the primary,the board must distribute the available money in each party account, as certified by the commissioner of revenue one week before the state primary,to the candidates of that party who have signed a spending limit agreement under section 10A.322 and filed the affidavit of contributions required by section I OA.323,who were opposed in either the primary election or the general election, and whose names are to appear on the ballot in the general election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy from the party account may not be paid in an amount greater than the expenditure limit of the candidate or the expenditure limit that would have applied to the candidate if the candidate had not been freed from expenditure limits under section 10A.25, subdivision 10 . ff a eandidafe files+e a+Rdftrit reeMired by seeiion 1 @2k.329 after September 1 of fhe nt-xt regtgar payment date f-or pttblie st+sidies for+at eleetion eyele that ocetrs at least, is a---- -r'---n-- --a.�-�- ri,._ .i-- err_ ,_ :. _ days ------ ---- -------idate file. ____ »____...._.. ' - ��------ -- '-- — --- ��--- -in -1-1 on °-A Chapter 184 -Revisor of Statutes Page 2 of 15 Sec. 2. Minnesota Statutes 2008, section 10A.321, is amended to read: 10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED. Subdivision 1. Calculation and certification of estimates. The commissioner of revenue must calculate and certify to the board one week before Rtly 1 the first day for filing for office in each election year an estimate of the total amount in the state general account of the state elections campaign fund and the amount of money each candidate who qualifies, as provided in section 10A.31, subdivisions 6 and 7, may receive from the candidate's party account in the state elections campaign fund. This estimate must be based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any necessary vote totals provided by the secretary of state to apply the formulas in section 10A.31, subdivisions 5 and 5a, and the amount of money expected to be available after 100 percent of the tax returns have been processed. Subd. 2. Publication, certification, and notification procedures. Before the first day of filing for office,the board must publish and forward to all filing officers the estimates calculated and certified under subdivision 1 along with a copy of section 10A.25, subdivision 10. Within seven des one week after the last day for filing for office, the secretary of state must certify to the board the name, address, office sought, and party affiliation of each candidate who has filed with that office an affidavit of candidacy or petition to appear on the ballot. The auditor of each county must certify to the board the same information for each candidate who has filed with that county an affidavit of candidacy or petition to appear on the ballot. Within two weeks after the last day for filing for office,the board must notify all candidates of their estimated minimum amount. The board must include with the notice a form for the agreement provided in section 10A.322 along with a copy of section 10A.25, subdivision 10. Sec. 3. Minnesota Statutes 2008, section 10A.322, subdivision 1, is amended to read: Subdivision 1. Agreement by candidate. (a)As a condition of receiving a public subsidy, a candidate must sign and file with the board a written agreement in which the candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision 10 ; 10A.31, subdivision 7,paragraph(c); 10A.324; and 10A.38. (b) Before the first day of filing for office,the board must forward agreement forms to all filing officers. The board must also provide agreement forms to candidates on request at any time. The candidate must file the agreement with the board by Septemb at least three weeks before the candidate's state primary. An agreement may not be filed after that date. An agreement once filed may not be rescinded. (c) The board must notify the commissioner of revenue of any agreement signed under this subdivision. (d)Notwithstanding paragraph(b), if a vacancy occurs that will be filled by means of a special election and the filing period does not coincide with the filing period for the general election, a candidate may sign and submit a spending limit agreement not later than the day after the candidate files the affidavit of candidacy or nominating petition for the office. Sec. 4. Minnesota Statutes 2008, section 10A.323, is amended to read: 10A.323 AFFIDAVIT OF CONTRIBUTIONS. Chapter 184 -Revisor of Statutes Page 3 of 15 In addition to the requirements of section IOA.322,to be eligible to receive a public subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit with the board stating that between January 1 of the election j year and the cutoff date for transactions included in the report of receipts and expenditures due before the primary election the candidate has accumulated contributions from persons eligible to vote in this state in at least the amount indicated for the office sought, counting only the first$50 received from each contributor: (1) candidates for governor and lieutenant governor running together, $35,000; (2) candidates for attorney general, $15,000; (3) candidates for secretary of state and state auditor, separately, $6,000; (4) candidates for the senate, $3,000; and (5) candidates for the house of representatives, $1,500. The affidavit must state the total amount of contributions that have been received from persons eligible to vote in this state, disregarding the portion of any contribution in excess of$50. The candidate or the candidate's treasurer must submit the affidavit required by this section to the board in writing by the :�`�Rate deadline for reporting of receipts and expenditures before a primary under section 10A.20, subdivision 4. A candidate for a vacancy to be filled at a special election for which the filing period does not coincide with the filing period for the general election must submit the affidavit required by this section to the board within five days after filing the affidavit of candidacy. Sec. 5. Minnesota Statutes 2008, section 20313.06, subdivision 1, is amended to read: Subdivision 1. Printing and delivery of forms.Each county auditor and municipal clerk shall prepare and print a sufficient number of blank application forms for absentee ballots. The county auditor or municipal clerk shall deliver a blank application form to any voter who requests one pursuant to section 20313.04. Blank application forms must be mailed to eligible voters who have requested an application pursuant to section 20313.041 subdivision 5 or 6, at least 60 days before: (1) each regularly scheduled primary for federal state coo , city, or school board office, (2) each regularly scheduled general election for city or school board office for which a primary is not held; and (3) a special primary to fill a federal office vacancy or special election to fill a federal office vacancy, if no major party has more than one candidate after the time for withdrawal has expired; or at least 45 days before any other primary or other election for which a primary is not held. Sec. 6. Minnesota Statutes 2008, section 20313.081,is amended to read: 203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON. An eligible voter may vote by absentee ballot in the office of the county auditor and at any other polling place designated ted by the couM auditor during the 46 days before a regularly scheduled election for federal state county, city, or school board office or a special election for a federal office, and during the 30 days before eke any other election irt the offiee of the eomtty attdifor=d at a"other polling phtee designated by the emnt7 m,a—i0A0-a /11 ci1)n1 11 Chapter 184 -Revisor of Statutes Page 4 of 15 miter. The county auditor shall make such designations at least 99 s 14 weeks before the election. At least one voting booth in each polling place must be made available by the county auditor for this purpose. The county auditor must also make available at least one electronic ballot marker in each polling place that has implemented a voting system that is accessible for individuals with disabilities pursuant to section 206.57, subdivision 5. Sec. 7. Minnesota Statutes 2008 section 20313.13 subdivision 2 is amended to read: Subd. 2. Duties. The absentee ballot board may examine all return absentee ballot envelopes and accept or reject absentee ballots in the manner provided in section 20313.12. The absentee ballot board may begin the process of examining the return envelopes and marking them "accepted" or"rejected" at any time during the 30 45 days before the election. If an envelope has been rejected at least five days before the election,the ballots in the envelope must be considered spoiled ballots and the official in charge of the absentee ballot board shall provide the voter with a replacement absentee ballot and return envelope in place of the spoiled ballot. Sec. 8. Minnesota Statutes 2008, section 20313.17, subdivision 1, is amended to read: Subdivision 1. Submission of application. (a)An application for absentee ballots for a voter described in section 20313.16 may be submitted in writing or by electronic facsimile device, or by electronic mail upon determination by the secretary of state that security concerns have been adequately addressed. An application for absentee ballots for a voter described in section 20313.16 may be submitted by that voter or by that voter's parent, spouse, sister,brother, or child over the age of 18 years. For purposes of an application under this subdivision, a person's Social Security number,no matter how it is designated, qualifies as the person's military identification number if the person is in the military. (b) An application for a voter described in section 20313.16, subdivision 1, shall be submitted to the county auditor of the county where the voter maintains residence. (c) An application for a voter described in section 20313.16, subdivision 2, shall be submitted to the county auditor of the county where the voter last maintained residence in Minnesota. (d) An application for absentee ballots shall be valid for any primary, special primary, general election, or special election from the time the application is received through the next fwo regulerrly seheeluled getteret!eleetions !For federal offiee held after date on whieh the applieafion is reeei end of that calendar year. (e) There shall be no limitation of time for filing and receiving applications for ballots under sections 20313.16 to 20313.27. Sec. 9. Minnesota Statutes 2008, section 20313.22, is amended to read: 203B.22 hkA4HN6 TRANSMITTING BALLOTS. The county auditor shall mai+transmit the appropriate ballots, as promptly as possible,to an absent voter whose application has been recorded under section 20313.19. If the county auditor determines that a voter is not eligible to vote at the primary but will be eligible to vote at the general election, only general election ballots shall be mailed transmitted. Only one set of ballots shall be Mailed transmitted to any applicant for any election, except that the county auditor may mai+transmit a replacement ballot 10A0-a__._-----r`i-�-- Chapter 184 -Revisor of Statutes Page 5 of 15 to a voter whose ballot has been spoiled or lost in transit or whose mailing address has changed after the date on which the original application was submitted as confirmed by the county auditor.Ballots to be sent outside the United States shall be given priority in mail ig transmission. A county auditor may make use of any special service provided by the United States government for the mailing transmission of voting materials under sections 203B.16 to 20313.27. Sec. 10. Minnesota Statutes 2008, section 20313.225, subdivision 1, is amended to read: Subdivision 1. Transmitting ballot and certificate of voter eligibility.A voter described in section 203B.16 may include in an application for absentee ballots a request that the ballots,instructions, and a certificate of voter eligibility meeting the requirements of section 203B.21, subdivision 3,be transmitted to the voter electronically. Upon receipt of a properly completed application requesting electronic transmission, the county auditor shall electronically transmit the requested materials to the voter. The county auditor is not required to provide return postage to voters to whom ballots are transmitted electronically. Sec. 11. Minnesota Statutes 2008, section 20313.23, subdivision 2, is amended to read: Subd. 2. Duties. The absentee ballot board must examine all returned absentee ballot envelopes for ballots issued under sections 20313.16 to 20313.27 and accept or reject the absentee ballots in the manner provided in section 203B.24.If the certificate of voter eligibility is not printed on the return or'administrative envelope,the certificate must be attached to the ballot secrecy envelope. The absentee ballot board must immediately examine the return envelopes and mark them "accepted" or "rejected" during the 40 45 days before the election. If an envelope has been rejected at least five days before the election,the ballots in the envelope must be considered spoiled ballots and the official in charge of the absentee ballot board must provide the voter with a replacement absentee ballot and return envelope in place of the spoiled ballot. Sec. 12. Minnesota Statutes 2008, section 20413.09, subdivision 1, is amended to read: Subdivision 1. Candidates in state and county general elections. (a)Except as otherwise provided by this subdivision, affidavits of candidacy and nominating petitions for county, state, and federal offices filled at the state general election shall be filed not more than 9�9 84 days nor less than 66 70 days before the state primary. The affidavit may be prepared and signed at any time between 60 days before the filing period opens and the last day of the filing period. (b)Notwithstanding other law to the contrary,the affidavit of candidacy must be signed in the presence of a notarial officer or an individual authorized to administer oaths under section 358.10. (c) This provision does not apply to candidates for presidential elector nominated by major political parties. Major party candidates for presidential elector are certified under section 208.03. Other candidates for presidential electors may file petitions on or before the state at least 77 days before the general election day pursuant to section 20413.07.Nominating petitions to fill vacancies in nominations shall be filed as provided in section 204B.13.No affidavit or petition shall be accepted later than 5:00 p.m. on the last day for filing. nc If)ci1-1nin Chapter 184 -Revisor of Statutes Page 6 of 15 I (d) Affidavits and petitions for county offices must be filed with the county auditor of that county. Affidavits and petitions for federal offices must be filed with the secretary of state. Affidavits and petitions for state offices must be filed with the secretary of state or with the county auditor of the county in which the candidate resides. (e) Affidavits other than those filed pursuant to subdivision 1 a must be submitted by mail or by hand,notwithstanding chapter 325L, or any other law to the contrary and must be received by 5:00 p.m. on the last day for filing. Sec. 13. Minnesota Statutes 2008, section 20413.14, subdivision 2, is amended to read: Subd. 2. Separate precincts; combined polling place. (a) The following shall constitute at least one election precinct: (1) each city ward; and (2) each town and each statutory city. (b) A single, accessible, combined polling place may be established no later than 3m-,re ---y 1 of any year: (1) for any city of the third or fourth class, any town, or any city having territory in more than one county, in which all the voters of the city or town shall cast their ballots; (2) for two contiguous precincts in the same municipality that have a combined total of fewer than 500 registered voters; (3) for up to four contiguous municipalities located entirely outside the metropolitan area, as defined by section 200.02, subdivision 24,that are contained in the same county;or (4) for noncontiguous precincts located in one or more counties. A copy of the ordinance or resolution establishing a combined polling place must be filed with the county auditor within 30 days after approval by the governing body. A polling place combined under clause (3)must be approved by the governing body of each participating municipality. A polling place combined under clause (4)must be approved by the governing body of each participating municipality and the secretary of state and may be located outside any of the noncontiguous precincts. A municipality withdrawing from participation in a combined polling place must do so by filing a resolution of withdrawal with the county auditor no later than May April 1 of any year. The secretary of state shall provide a separate polling place roster for each precinct served by the combined polling place. A single set of election judges may be appointed to serve at a combined polling place. The number of election judges required must be based on the total number of persons voting at the last similar election in all precincts to be voting at the combined polling place. Separate ballot boxes must be provided for the ballots from each precinct. The results of the election must be reported separately for each precinct served by the combined polling place,except in a polling place established under clause (2) where one of the precincts has fewer than ten registered voters, in which case the results of that precinct must be reported in the manner specified by the secretary of state. Sec. 14.Minnesota Statutes 2008, section 204B.14, subdivision 4,-is amended to read: Subd. 4. Boundary change procedure.Any change in the boundary of an election precinct sham must be adopted at least 90 days before the date of the next election and, for the state primary and general election,no later than A=May 1 in the year of the state general election. The precinct boundary change shall not take effect until notice of the change has been posted in the office of the municipal clerk or county auditor for at .. n 1 1 0 A 0 1 rn- 0- -.—nnl n o- --n nc inc inni n Chapter 184 -Revisor of Statutes Page 7 of 15 , least 60 days. The county auditor must publish a notice illustrating or describing the congressional, legislative, and county commissioner district boundaries in the county in one or more qualified newspapers in the county at least 14 days prier-tom before the first day to file affidavits of candidacy for the state general election in the year ending in two. Alternate dates for adopting changes in precinct boundaries,posting notices of boundary changes, and notifying voters affected by boundary changes pursuant to this subdivision, and procedures for coordinating precinct boundary changes with reestablishing local government election district boundaries may be established in the manner provided in the rules of the secretary of state. Sec. 15. Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read: Subdivision 1. Appointment lists; duties of political parties and county auditor. On May in a year in which there is an election for a partisan political office,the county or legislative district chairs of each major political party,whichever is designated by the state party, shall prepare a list of eligible voters to act as election judges in each election precinct in the county or legislative district. The chairs shall furnish the lists to the county auditor of the county in which the precinct is located. By Rine-ice M_ a�15,the county auditor shall furnish to the appointing authorities a list of the appropriate names for each election precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted by the county auditor for each major political party. Sec. 16. Minnesota Statutes 2008, section 204B.33, is amended to read: 20413.33 NOTICE OF FILING. (a) At least 15 weeks before the state primary,the secretary of state shall notify each county auditor of the offices to be voted for in that county at the next state general election for which candidates file with the secretary of state. The notice shall include the time and place of filing for those offices. Within ten days after notification by the secretary of state, each county auditor shall notify each municipal clerk in the county of all the offices to be voted for in the county at that election and the time and place for filing for those offices. The county auditors and municipal clerks shall promptly post a copy of that notice in their offices. (b) At least two weeks before the first day to file an affidavit of candidacy, the county auditor shall publish a notice stating the first and last dates on which affidavits of candidacy may be filed in the county auditor's office and the closing time for filing on the last day for filing. The county auditor shall post a similar notice at least ten days before the first day to file affidavits of candidacy. Sec. 17. Minnesota Statutes 2008, section 204B.35, subdivision 4, is amended to read: Subd. 4. Absentee ballots; preparation; delivery. At least 46 days before a regularly scheduled election for federal state county, cAY or school board office or a special election for federal office and at least 30 days before any other election,ballots necessary to fill applications of absentee voters shall be prepared and delivered .` n days before the eleetion to the officials who administer the provisions of chapter 203B. This section applies to school district elections held on the same day as a statewide , . H /n• 1 ,nAO l . / 1- --`---0-----.-11n1 n0_i--__—n nG/nG/1lnl(A Chapter 184 -Revisor of Statutes Page 8 of 15 i election or an election for a county or municipality located partially or wholly within the school district. Sec. 18. Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read: Subd. 2. Procedure.Notice of the election and the special mail procedure must be given at least six weeks prior to the election.Not more than 46 days nor later than 14 days before a regularly scheduled election for federal state, county, city, or school board office or a special election for federal office and not more than 30 days nor later than 14 days prior to the before any other election,the auditor shall mail ballots by nonforwardable mail to all voters registered in the town or unorganized territory.No later than 14 days before the election, the auditor must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election.Eligible voters not registered at the time the ballots are mailed may apply for ballots as provided in chapter 203B.Ballot return envelopes,with return postage provided,must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person to the office of the auditor or clerk. The auditor or clerk may appoint election judges to examine the return envelopes and mark them "accepted" or "rejected" during the 3$45 days before the election. If an envelope has been rejected at least five days before the election,the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall provide the voter with a replacement ballot and return envelope in place of the spoiled ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter resides. Any ballot received by 8:00 p.m. on the day of the election must be counted. Sec. 19. Minnesota Statutes 2008, section 204C.26, subdivision 3,is amended to read: Subd. 3. Secretary of state. No later than ten weeks before the state primary in each even-numbered year,the secretary of state shall prescribe the form for summary statements of election returns and the methods by which returns for the state primary and state general election shall be recorded by precinct, county, and state election officials. Each county auditor and municipal or school district clerk required to furnish summary statements shall prepare them in the manner prescribed by the secretary of state. The summary statement of the primary returns shall be in the same form as the summary statement of the general election returns except that a separate part of the summary statement shall be provided for the partisan primary ballot and a separate part for the nonpartisan primary ballot. Sec. 20. Minnesota Statutes 2008, section 204D.03, subdivision 1, is amended to read: Subdivision 1. State primary. The state primary shall be held on the fast second Tuesday in August in each even-numbered year to select the nominees of the major political parties for partisan offices and the nominees for nonpartisan offices to be filled at the state general election, other than presidential electors. Sec. 21.Minnesota Statutes 2008, section 204D.09, subdivision 1, is amended to read: Subdivision 1. Example ballot. (a)No later than Rt= 1,May 1 of each year,the secretary of state shall supply each auditor with a copy of an example ballot. The example ballot must illustrate the format required for the ballots used in the primary and general elections that year. ., i i n in• ,n. n , ri _ __-° -_ _.- n n,n n .----_—n n c in c/n n I n ', Chapter 184 -Revisor of Statutes Page 9 of 15 (b) The county auditor shall distribute copies of the example ballot to municipal and school district clerks in municipalities and school districts holding elections that year. The official ballot must conform in all respects to the example ballot. Sec. 22. Minnesota Statutes 2008, section 204D.28, subdivision 5, is amended to read: Subd. 5. Regular state primary. "Regular state primary" means: (a)the state primary at which candidates are nominated for offices elected at the state general election; or (b) a primary held f___._weeks be fbre the first on the second Tuesday _ffer+e r.'s` Monday in in August of odd-numbered years. See. 23. Minnesota Statutes 2008, section 204D.28, subdivision 6, is amended to read: Subd. 6. Special election required; exception; when held. Every vacancy shall be filled for the remainder of the term by a special election held pursuant to this subdivision; except that no special election shall be held in the year before the term expires. The special election shall be held at the next November election if the vacancy occurs at least six 11 weeks before the regular state primary preceding that election. If the vacancy occurs less than sip 11 weeks before the regular state primary preceding the next November election, the special election shall be held at the second November election after the vacancy occurs. See. 24. Minnesota Statutes 2008, section 204D.28, subdivision 8, is amended to read: Subd. 8. Notice of special election. The secretary of state shall issue an official notice of any special election required to be held pursuant to this section not later than tern 16 weeks before the special primary, except that if the vacancy occurs+ert 16 weeks or less before the special primary,the secretary of state shall issue the notice no later than two days after the vacancy occurs. The notice shall state the office to be filled,the opening and closing dates for filing of candidacy and the dates of the special primary and special election. For the purposes of those provisions of sections 204D.17 to 204D.27 that apply generally to special elections,this notice shall be used in place of the writ of the governor. Sec. 25. Minnesota Statutes 2008, section 204D.28, subdivision 9, is amended to read: Subd. 9. Filing by candidates. The time for filing of affidavits and nominating petitions for candidates to fill a vacancy at a special election shall open six 12 weeks before the special primary or on the day the secretary of state issues notice of the special election, whichever occurs later. Filings shall close f6m ten weeks before the special primary. Sec. 26. Minnesota Statutes 2008, section 205.065, subdivision 1, is amended to read: Subdivision 1. Establishing primary. A municipal primary for the purpose of nominating elective officers may be held in any city on the first second Tuesday after the in August of any year in which a municipal general election is to be held for the put-pose of electing officers. Sec. 27. Minnesota Statutes 2008, section 205.065, subdivision 2, is amended to read: Subd. 2. Resolution or ordinance. The governing body of a city may,by ordinance or resolution adopted at leftst Owee tronths before the by April 15 in the year when + .. i n in• i +n w n i r++_ _. _..n_._____ n n+n n�____ n n c/n c/n n i n i Chapter 184 -Revisor of Statutes Page 1 p g 0 of 15 a municipal general election is held, elect to choose nominees for municipal offices by a primary as provided in this section. The resolution or ordinance,when adopted, is effective for all ensuing municipal elections until it is revoked. The municipal clerk shall notify the secretary of state and the county auditor within 30 days after the adoption of the resolution or ordinance. Sec. 28. Minnesota Statutes 2008, section 205.13, subdivision 1 a, is amended to read: Subd. 1 a. Filing period. Inn a ci nominating candidates at a i6petl primary, an affidavit of candidacy for a city office or town offi voted on in November must be filed not no more than% 84 days nor less than-56 70 days before the first Tnes+r after the seeond Monday in September preeeding the mtmieipaf gemral eleetimt ci primary. In all other municipalities that do not hold a primary, an affidavit of candidacy must be filed rret no more than 70 days and not less than 56 days before the municipal general election held in March in my year, or a special election not held in conjunction with another election and no more than 91 days nor less than 77 days before the municipal general election held in November of any year. Sec. 29. Minnesota Statutes 2008, section 205.16, subdivision 4, is amended to read: Subd. 4. Notice to auditor. At least 6�3 74 days prier-ta before every municipal election held in connection with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 53 days before any other municipal election,the municipal clerk shall provide a written notice to the county auditor,including the date of the election,the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. Not less-tha At least 74 days before the a re ug lady scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 46 days before any other election, the municipal clerk must provide written notice to the county auditor of any special election canceled under section 205.10, subdivision 6. Sec. 30. Minnesota Statutes 2008, section 205.16, subdivision 5, is amended to read: Subd. 5. Notice to secretary of state.At least 46 74 days prior fty before every municipal election held in conjunction with,a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 46 days before any other municipal election for which a notice is provided to the county auditor under subdivision 4,the county auditor shall provide a notice of the election to the secretary of state, in a manner and including information prescribed by the secretary of state. Sec. 31. Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read: Subdivision 1. Resolution requiring primary in certain circumstances. The school board of a school district may,by resolution adopted by 1 April 15 of any year, decide to choose nominees for school board by a primary as provided in this section. The resolution,when adopted, is effective for all ensuing elections of board members in that school district until it is revoked. If the board decides to choose nominees by primary and if there are more than two candidates for a specified school board position or more than twice as many school board candidates as there are at-large school board positions ,_... - ��----- - '-- --- '--- -�n7>_1 0A0-a ---1)nin0_4-..._--n tic n i Chapter 184 -Revisor of Statutes Page 11 of 15 j available,the school district must hold a primary. Sec. 32. Minnesota Statutes 2008,section 205A.03, subdivision 2, is amended to read: Subd. 2. Date.The school district primary must be held on the second Tuesday in August in the year when the school district general election is held. The clerk shall give notice of the primary in the manner provided in section 205A.07. Sec. 33. Minnesota Statutes 2008, section 205A.05, subdivision 3, is amended to read: Subd. 3. Cancellation.A special election ordered by the school board on its own motion under subdivision 1 may be canceled by motion of the school board, but not less than 46 74 days before eke an election held in conjunction with a regularly scheduled election for federal state county, city,or school board office or a special election for federal office, or 46 days before any other election. Sec. 34. Minnesota Statutes 2008, section 205A.06, subdivision la,is amended to read: Subd. la. Filing period.In school districts that have adopted a resolution to choose nominees for school board by a primary election, affidavits of candidacy must be filed with the school district clerk no earlier than the q-&+84th day and no later than the 56th 70th day before the first second Tuesday after the seeond Nlondfty in September in August in the year when the school district general election is held. In all other school districts, affidavits of candidacy must be filed no earlier than the 9�0+91 st day and no later than the 77th day before the school district general election. Sec. 35. Minnesota Statutes 2008, section 205A.07, subdivision 3, is amended to read: Subd. 3. Notice to auditor. At least-5-3 74 days prior fer before every school district election held in conjunction with a regularly scheduled election for federal, state, county, city, school board office or a special election for federal office, and at least 53 days before any other school district election,the school district clerk shall provide a written notice to the county auditor of each county in which the school district is located. The notice must include the date of the election,the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. For the purposes of meeting the timelines of this section, in a bond election, a notice, including a proposed question, may be provided to the county auditor prior to before receipt of a review and comment from the commissioner of education and prime before actual initiation of the election.Not less than 46 74 days before#fie an election held in conjunction with a regularly scheduled election for federal, state, county„ city, or school board office or a special election for federal office, or 46 days before any other election, the school district clerk must provide written notice to the county auditor of any special election canceled under section 205A.05, subdivision 3. Sec. 36.Minnesota Statutes 2008, section 205A.07, subdivision 3a,is amended to read: Subd. 3a. Notice to commissioner of education.At least 49 74 days prior to before every school district election held in conjunction with a regularly scheduled election for federal state county..,city, or school board office or a special election for federal office, and at least 49 days before any other school district election,under section 12313.62, '-u----u_______ -----'-------- 0A0-a o.,-... --n ncmci1nin Chapter 1,84 -Revisor of Statutes Page 12 of 15 I 12313.63, 126C.17, 126C.69,or 475.5 8,the school district clerk shall provide a written notice to the commissioner of education. The notice must include the date of the election and the title and language for each ballot question to be voted on at the election.Not less than 46 74 days before the every school district election held in conjunction with a jqgLalarly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 46 days before any other,school district election,the school district clerk must provide a written notice to the commissioner of education of any special election canceled under section 205A.05, subdivision 3. The certified vote totals for each ballot question shall be provided in a written notice to the commissioner in a timely manner. Sec. 37. Minnesota Statutes 2008, section 205A.07, subdivision 3b, is amended to read: Subd. 3b. Notice to secretary of state. At least 46 74 days prier-to before every school district election held in conjunction with a re ug larly scheduled election for federal, state, county,city, or school board office or a special election for federal office and at least 46 days before any other school district election for which a notice is provided to the county auditor under subdivision 3, the county auditor shall provide a notice of the election to the secretary of state,in a manner and including information prescribed by the secretary of state. Sec. 38. Minnesota Statutes 2008, section 205A.11, subdivision 2a,is amended to read: Subd. 2a. Notice of special elections. The school district clerk shall prepare a notice to the voters who will be voting in a combined polling place for a school district special election. The notice must include the following information: the date of the election,the hours of voting, and the location of the voter's polling place. The notice must be sent by nonforwardable mail to every affected household in the school district with at least one registered voter. The notice must be mailed no later than 14 days before the election. The mailed notice is not required for a school district special election that is held on fl-re day ,the second Tuesday ttda7l in September August,the Tuesday following the first Monday in November, or for a special election conducted entirely by mail. In addition,the mailed notice is not required for voters residing in a township if the school district special election is held on the second Tuesday in March and the town general election is held on that day. A notice that is returned as undeliverable must be forwarded immediately to the county auditor. i Sec. 39. Minnesota Statutes 2008, section 206.61, subdivision 5, is amended to read: Subd. 5.Alternation. The provisions of the election laws requiring the alternation of names of candidates must be observed as far as practicable by changing the order of the names on an electronic voting system in the various precincts so that each name appears on the machines or marking devices used in a municipality substantially an equal number of times in the first, last, and in each intermediate place in the list or group in which they belong. However,the arrangement of candidates'names must be the same on all voting systems used in the same precinct. If the number of names to be alternated exceeds the number of precincts, the election official responsible for providing the ballots, in accordance with subdivision 1, shall determine by lot the alternation of names. If an electronic ballot marker is used with a paper ballot that is not an optical scan .. • A /n' 1 1 nAn -, -' --- -_1-17--.- ----°--------nnlno-�-----n nc/nc/r1n7n Chapter 184 -Revisor of Statutes Page 13 of 15 ballot card,the manner of alternation of candidate names on the paper ballot must be as prescribed for optical scan ballots in this subdivision. The rules adopted by the secretary of state for the rotation of candidate names must use the number of registered voters in each precinct as of 8:00 a.m. on May 1 of the year when the rotation will be made as the basis for determining the rotation of names. Sec. 40. Minnesota Statutes 2009 Supplement, section 206.82, subdivision 2, is amended to read: Subd. 2. Plan. The municipal clerk in a municipality where an electronic voting system is used and the county auditor of a county in which an electronic voting system is used in more than one municipality and the county auditor of a county in which a counting center serving more than one municipality is located shall prepare a plan which indicates acquisition of sufficient facilities, computer time, and professional services and which describes the proposed manner of complying with section 206.80. The plan must be signed, notarized, and submitted to the secretary of state more than 60 days before the first election at which the municipality uses an electronic voting system. Prior to July' Before May 1 of each subsequent general election year,the clerk or auditor shall submit to the secretary of state notification of any changes to the plan on file with the secretary of state. The secretary of state shall review each plan for its sufficiency and may request technical assistance from the Office of Enterprise Technology or other agency which may be operating as the central computer authority. The secretary of state shall notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days of receipt of the plan. The attorney general,upon request of the secretary of state,may seek a district court order requiring an election official to fulfill duties imposed by this subdivision or by rules promulgated pursuant to this section. Sec. 41. Minnesota Statutes 2008, section 208.03, is amended to read: 208.03 NOMINATION OF PRESIDENTIAL ELECTORS. Presidential electors for the major political parties of this state shall be nominated by delegate conventions called and held under the supervision of the respective state central committees of the parties of this state. At least 77 days before the eg neral election day the chair of the major political parry shall certify to the secretary of state the names of the persons nominated as presidential electors,the names of eight alternate presidential electors, and the names of the parry candidates for president and vice president. Sec. 42. Minnesota Statutes 2008, section 21113.045, is amended to read: 211B.045 NONCOMMERCIAL SIGNS EXEMPTION. In any municipality, whether or not the municipality has an ordinance that regulates the size or number of noncommercial signs, all noncommercial signs of any size may be posted in any number from Attgtt�t-+46 days before the state primary in a state general election year until ten days following the state general election. Sec. 43. Minnesota Statutes 2008, section 410.12, subdivision 1, is amended to read: Subdivision 1. Proposals.The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of Chapter 184 -Revisor of Statutes Page 14 of 15 the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 4-2 17 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary,together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it,return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. Sec. 44. Minnesota Statutes 2008, section 447.32, subdivision 4, is amended to read: Subd. 4. Candidates; ballots; certifying election. A person who wants to be a candidate for the hospital board shall file an affidavit of candidacy for the election either as member at large or as a member representing the city or town where the candidate resides. The affidavit of candidacy must be filed with the city or town clerk not more than i�6 91 days nor less than-56 77 days before the first Tuesday after the first Monday in November of the year in which the general election is held. The city or town clerk must forward the affidavits of candidacy to the clerk of the hospital district or,for the first election,the clerk of the most populous city or town immediately after the last day of the filing period. A candidate may withdraw from the election by filing an affidavit of withdrawal with the clerk of the district no later than 5:00 p.m.two days after the last day to file affidavits of candidacy. Voting must be by secret ballot. The clerk shall prepare, at the expense of the district, necessary ballots for the election of officers. Ballots must be printed on tan paper and prepared as provided in the rules of the secretary of state. The ballots must be marked and initialed by at least two judges as official ballots and used exclusively at the election. Any proposition to be voted on may be printed on the ballot provided for the election of officers. The hospital board may also authorize the use of voting systems subject to chapter 206. Enough election judges may be appointed to receive the votes at each polling place. The election judges shall act as clerks of election, count the ballots cast, and submit them to the board for canvass. After canvassing the election,the board shall issue a certificate of election to the candidate who received the largest number of votes cast for each office. The clerk shall deliver the certificate to the person entitled to it in person or by certified mail. Each person certified shall file an acceptance and oath of office in writing with the clerk within 30 days after the date of delivery or mailing of the certificate. The board may fill any office as provided in subdivision 1 if the person elected fails to qualify within 30 days,but qualification is effective if made before the board acts to fill the vacancy. i Chapter 184 -Revisor of Statutes Page 15 of 15 Sec. 45. EFFECTIVE DATE. This act is effective the day following final enactment. ,<„<111--191A-1 QA i A"ri112, 2010 City Council III, i conditions, such as payment of taxes. A suspension can be applied to a portion of the building or the entire premises for a period up to 90 days or until a specified condition is met. A license revocation may be up to one year, after which the owner would apply for a new license under the standards of the current ordinance, which are different than standards of the previous ordinance. Following discussion, Council consensus was reached that license revocation was the appropriate consideration since past action to suspend had not yielded results. Consensus was also reached to consider the term of revocation at the next Council meeting so additional data can be considered. Motion passed unanimously. 10d. ELECTION RELATED ORDINANCE AMENDMENTS 1. AN ORDINANCE RELATING TO MUNICIPAL ELECTIONS; AMENDING CITY CODE SECTIONS 29-401,29-402, AND 29-403 Mr. Boganey introduced the.item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Lasman seconded to approve first reading of an Ordinance Relating to Municipal Elections; Amending City Code Section 29-401, 29-402, and 29-403, and set second reading and Public Hearing for May 10, 2010. Motion passed unanimously. 2. AN ORDINANCE AMENDING CHAPTER 4 OF THE BROOKLYN CENTER CITY CHARTER, SECTIONS 4.01 AND 4.02 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Yelich seconded to approve first reading of an Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Section 4.01 and 4.02, and set second reading and Public Hearing for May 10, 2010. Motion passed unanimously. 3. AN ORDINANCE RELATING TO CAMPAIGN SIGNS; AMENDING CITY CODE SECTIONS 34-140 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Yelich seconded to approve first reading of an Ordinance Relating to Campaign Signs; Amending City Code Section 35-140, and set second 04/12/10 -9- COUNCIL ITEM MEMORANDUM DATE: April 6, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Election Related Ordinance Amendments Recommendation: It is recommended that the City Council consider approval of first reading and set second reading and Public Hearing for May 10, 2010, for the following ordinances: 1. An Ordinance Relating to Municipal Elections; Amending City Code Section 29-401, 29- 402, and 29-403 2. An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Section 4.01 and 4.02 3. An Ordinance Relating to Campaign Signs; Amending City Code Section 35-140 i Background: On March 3, 2010, Governor Pawlenty signed a bill to move the date of the State Primary Election from September 14 to August 10, which also moves the City's Primary Election. With the state primary date move, there were several other election activity dates that were also changed, such as filing dates and campaign sign placement. 1. An Ordinance Relating to Municipal Elections; Amending City Code Section 29- 401,29-402, and 29-403 Chapter 29 of the City Code of Ordinances regulates City elections. An Ordinance amendment has been drafted to reflect the change in Minnesota Statutes 205.065, subdivision 1 and 205.13, subdivision la. The Ordinance amendment also includes some housekeeping amendments, including the City Charter language regarding filing by fee or by petition and gender neutral language. 2. An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Section 4.01 and 4.02 Chapter 4 of the City Charter also regulates City elections. An Ordinance amendment has been drafted to reflect the change in Minnesota Statutes 205.065, subdivision 1 and 205.13, subdivision la. The Ordinance amendment also includes some housekeeping amendments updating the terminology for elections to be consistent with state law. The draft Ordinance amendment has been forwarded to the Charter Commission for review. !'Ifissio7t:&tsuring an attractive.,Clean,safe.coBtmunio,rkal BIthances the quafi4,of iifP.CdttCl jJYL'serves the public trust i COUNCIL ITEM MEMORANDUM 3. An Ordinance Relating to Campaign Signs; Amending City Code Section 35-140 Chapter 34 of the City Code of Ordinances regulates signs. An Ordinance amendment has been drafted to reflect the change in Minnesota Statutes 211B.045 regarding noncommercial sign exemptions, moving up the date for which campaign signs can be placed during a state general election year. For 2010, campaign signs may be placed during the timeframe June 25 through November 12. City Attorney Charlie LeFevere has reviewed these ordinance amendments. Budget Issues: There are no budget issues to consider. Ifissiorr:Insuring an attractive,clean,safe community that enhances the quality,of Irfe and pr-eserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of May 2010 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 Relating to Municipal Elections; Amending City Code Sections 29-401, 29-402, and 29-403. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Cleric at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO MUNICIPAL ELECTIONS; AMENDING CITY CODE SECTIONS 29-401, 29-402, AND 29-403 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 29-401 of the City Code of Ordinances of the City of Brooklyn Center is hereby amended to read: Section 29-401. FILING FOR MUNICIPAL OFFICE. At least twe 0) two weeks before the regular elect ^N first day to file affidavits of candidacy, the city clerk shall cause to be published in the official newspaper a notice of filing for municipal office. The notice of filing shall designate the officer to be elected, the period during which affidavits of candidacy may be filed, and the time and place for filing such affidavits. The city clerk shall post a similar notice at least ten (10) days before the first day to file affidavits of candidacy. Not more than eighteen ( 8) weeks 84 days nor less than sixteen (1 6) weeks 70 days before the rer- municipal rip mare election any person who is eligible and desires to become a candidate for a municipal office shall file an affidavit of candidacy with the city cleric. The affidavit shall be substantially the same form as required of candidates for state offices. Upon payment of a $5 filing fee of twenty-five dollars ($25) by a potential candidate or filing by the petition of fifty (50) registered voters on behalf of the candidate to the eity ^'°r' , the clerk shall certify the eligibility of the candidate and place the name of the candidate y2on the election ballot without partisan designation. Section 2. Section 29-402 of the City Code of Ordinances of the City of Brooklyn Center is hereby amended to read: Section 29-402. MUNICIPAL PRIMARY AR 4CIPAL ELECTION. In the event more than twice the number of persons to be elected to a municipal office file for the nomination thereof, there shall be a municipal primary election which shall be held on the fir=st second Tuesday ^R°r the seeen' Mond in Septembe August. The number of candidates equal to twice the number of persons to be elected to the municipal office, who receive the highest number of votes, shall be the nominees for the office named. The city clerk shall give at least two (2) weeks previous notice of the time and place of holding such municipal primary election i i ORDINANCE NO. and of the officers to be elected by posting in at least one (1)public place in each voting precinct and by one (1) publication in the official newspaper, but failure to give such notice shall not invalidate the election. At least one (1) week before the election the city cleric shall publish a sample municipal primary ballot in the official newspaper and he shall post a sample ballot in his the city clerk's office for public inspection. Section 3. Section 29-403 of the City Code of Ordinances of the City of Brooklyn Center is hereby amended to read: Section 29-403. R€GUL MUNICIPAL GENERAL ELECTION. The re--g-ul municipal eg neral election shall be held on the first Tuesday after the first Monday in November. The city cleric shall give at least two (2) weeks previous notice of the time and place of holding such regular-municipal eg neral election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by one (1) publication in the official newspaper, but failure to give such notice shall not invalidate the election. At least one (1) week before any municipal election, the city clerk shall publish a sample ballot in the official newspaper and he shall post a sample ballot in his the city clerk's office for public inspection. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2010. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter.) I CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of May 2010 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 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Cleric at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 OF THE BROOKLYN CENTER CITY CHARTER, SECTIONS 4.01 AND 4.02 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 4.01 of the Brooklyn Center City Charter is hereby amended as follows: Section 4.01. T 4E REGUI M MUNICIPAL GENERAL ELECTION. A _fir municipal genera l election shall be held on the first Tuesday after the first Monday in November of even- numbered years at such place or places as the City Council may designate. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 2. Section 4.02 of the Brooklyn Center City Charter is hereby amended as follows: Section 4.02. MUNICIPAL PRIMARY ELECTIONS. On the second Tuesday, at least six weeks in a4vanee of the Y-egul in August of the year in which a municipal e� neral election is to be held, there shall be a municipal primary election for the selection of two nominees for each elected office at the_filar municipal eg neral election unless no more than two nominees file for each elective office. When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1)public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 3. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. ORDINANCE NO. Adopted this day of 2010. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strut indicates matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of May 2010 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 Relating to Municipal Elections; Amending City Code Sections 29-401, 29-402, and 29-403. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO CAMPAIGN SIGNS; AMENDING CITY CODE SECTION 34-140 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 34-140.2.f of the City Code of Ordinances of the City of Brooklyn Center is hereby amended to read: Section 34-140. PERMITTED SIGNS. 2. Permitted Signs Not Requiring a Permit. f. Portable and freestanding campaign signs for a period of not more than sixty (60) days before and ten (10) days after an election provided no one sign is greater than sixteen (16) square feet in area, except that there shall be no limitation on the size of campaign or other noncommercial signs during the period from August4 forty-six 46 dgys be for e the s tat e �rimar in a state general election year until ten (10) days following the state general election. Freestanding campaign signs may be installed only upon private property with the permission of the property owner who shall be responsible for removal thereof. The candidate whose candidacy is promoted by an improperly placed or otherwise illegal campaign sign shall be held responsible therefor. Signs must be at least ten (10) feet back from the back of the curb or improved edge of a roadway and at least two (2) feet back from the improved edge of a trail or sidewalk and outside of the sight triangle,defined in Section 35-560. i ORDINANCE NO. i Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2010. Mayor ATTEST: City Cleric Date of Publication: Effective Date: (c+,. 4 indicates matter to be deleted, underline indicates new matter.) i City Council Agenda Item No. 8c I I COUNCIL ITEM MEMORANDUM DATE: May 9, 2012 TO: Curt Boganey, City Manager FROM: Tim Benetti, Plannin g g p and Zoning Specialist( THROUGH: Gary Eitel, Director of Business and Development, SUBJECT: Planning Commission Application No. 2012-002 — Ordinance amending Chapter 35 of the City Code of Ordinances regarding the zoning classification of certain lands—4001 Lakebreeze Avenue North(Paul Hyde, Real Estate Recycling) Recommendation: It is recommended the City Council, following consideration of a public hearing, adopt the attached Ordinance amending Chapter 35 of the City Code of Ordinances regarding the zoning classification of certain land generally located in the most southerly section of the City of Brooklyn Center, situated between Azelia Avenue North to the west, Lakebreeze Avenue North to the north, and HWY 100 to the east and south(addressed as 4001 Lakebreeze Avenue North). Background: On April 12, 2012 the Planning Commission conducted an initial public hearing on Planning Commission Application No. 2012-002, submitted by Paul Hyde of Real Estate Recycling for the rezoning of land located at 4001 Lakebreeze Avenue North, from C-2 (Commerce) to a new PUD-MIXED C2/I-1 (Planned Unit Development-Mixed Commerce and Industrial Park). The Planning Commission considered the rezoning component of this new PUD only, and delayed action on the final development/site and building plan until the April 26, 2012 meeting. The Commission subsequently adopted Planning Commission Res. No. 2012-04, which provided favorable recommendation of the rezoning, and.is attached for Council consideration. At the April 23, 2012 regular meeting, the City Council accepted the favorable recommendation given by the Planning Commission to approve the rezoning component of this PUD, and further considered under first reading the Ordinance that is subject to the second reading, public hearing and final consideration under City Council action noted herein. Attached for review is the April 12th Planning Commission report related to the rezoning element of this PUD application. Minutes from the April 12, 2012 PC meeting are also included. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2. We will proceed aggressively with implementation of City's redevelopment plans. 4. We will improve the city's image. Hissiou:Ensuring an attractive,clear,safe,inclusive connnunitp that enhances the quality of life for all people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14 day of May , 2012, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding. the Zoning Classification of Certain land, generally located in the most southerly section of the City of Brooklyn Center, situated between Azelia Avenue North to the west, Lakebreeze Avenue North to the north, and HWY 100 to the east and south(addressed as 4001 Lakebreeze Avenue North) 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 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED IN THE MOST SOUTHERLY SECTION OF THE CITY OF BROOKLYN CENTER, SITUATED BETWEEN AZELIA AVENUE NORTH TO THE WEST, LAKEBREEZE AVENUE NORTH TO THE NORTH, AND HWY 100 TO THE EAST AND SOUTH (ADDRESSED AS 4001 LAKEBREEZE AVENUE NORTH) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35-1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development District zoning classification: 8. The following_properties are designated as PUD-MIXED C2/I-1 (Planned Unit Development-Mixed Commerce and Industrial Park) Lot 1, Block 1, Tennis Acres Two, Hennepin County, Minnesota. and That part of Tracts A and B described below: Tract A. That part of Lot 1, Block 1, Dale and Davies 2nd Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, 1 i I Minnesota embraced within Lot 8 Block 1 "Lakebreeze Addition, Hennepin County, Minnesota", Tract B. Lot 1 Block 1 Dale and Davies 2nd Addition except that part thereof embraced within Lot 8, Block 1, "Lakebreeze Addition, Hennepin County, Minnesota", according to the plat thereof on file and of record in the office of the County Recorder in and for said County; the title thereto being registered, which lies westerly of Line 1 described below: Line 1. Commencing at Right of Way Boundary Corner B10 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-125 as the same is on file and of record in the office of said County Recorder; thence westerly on an azimuth of 255 degrees 49 minutes 48 seconds along the boundary of said plat for 225.71 feet to Right of Way Boundary Corner B9 and the point of beginning of Line 1 to be described; thence on an azimuth of 120 degrees 07 minutes 12 seconds for 131.00 feet; thence on an azimuth of 131 degrees 54 minutes 46 seconds for 121.95 feet (which course intersects the east line of Tract B hereinbefore described at a point thereon, distant 96.57 feet south of the northeast corner thereof); thence on an azimuth of 159 degrees 16 minutes 25 seconds for 36.98 feet; thence on an azimuth of 174 degrees 16 minutes 01 seconds for 37.02 feet; thence on an azimuth of 193 degrees 55 minutes 43 seconds for 39.03 feet to a point hereinafter referred to as Point "A"; thence continue on an azimuth of 193 degrees 55 minutes 43 seconds for 33.68 feet, thence on an azimuth of 220 degrees 22 minutes 39 seconds for 66.89 feet; thence on an azimuth of 270 degrees 53 minutes 36 seconds for 6.25 feet to Right of WU Boundary Corner B7 as shown on said Plat No. 27-125• thence on an azimuth of 270 degrees 53 minutes 36 seconds along the boundary of said plat for 0.06 foot to the southeast corner of said Tract B, thence continue on an azimuth of 270 degrees 53 minutes 36 seconds along the boundary of said plat and the south line of said Tract B for 149.68 feet to Right of Way Boundary Corner B8 and there terminating. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. i 2 i I Adopted this day of , 2012. Mayor ATTEST: City Clerk Date of Publication Effective Date (SiNkeettts indicate matter to be deleted, underline indicates new matter.) I 3 ' Commissioner Parks introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2012-04 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-002 SUBMITTED BY PAUL HYDE OF REAL ESTATE RECYCLING, LLC, FOR THE REZONING OF LAND LOCATED AT 4001 LAKEBREEZE AVENUE NORTH FROM C2 (COMMERCE) TO PUD-MIXED C2/I-1 (PLANNED UNIT DEVELOPMENT- MIXED COMMERCE AND INDUSTRIAL PARK) WHEREAS, Planning Commission Application No. 2012-002 submitted by Paul Hyde, on behalf of Real Estate Recycling, LLC proposes rezoning from C2 (Commerce)to PUD- Mixed C2/I-1 (Planned Unit Development — Mixed Commerce and Industrial Park) of the 7.39 acre site located at 4001 Lakebreeze Avenue North, along with the approximate 1.27 acre MnDOT excess right-of-way parcel located adjacent to and immediately east of the subject property; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property to facilitate the planned and future redevelopment of the site with a proposed 90,000 sq. ft. office/industrial/warehouse facility on said properties; and WHEREAS, on February 13, 2012,the City Council adopted City Resolution No. 2012-031 which approved an amendment to the 2030 Comprehensive Plan by changing the land use designation on the subject site from OS-Office/Service Business to a new Mixed-Use OS/I— Office-Service Business/Industrial; and whereby the City subsequently received official notice from the Metropolitan Council by means of letter of approval, dated March 13,2012 in which said land use amendment was accepted by the Met Council; and WHEREAS, the Planning Commission held a duly called public hearing on April 12, 2012, whereby a planning staff report was presented and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission considered the rezoning request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the C2 (Commerce) and I-1 (Industrial Park) Zoning District standards contained in Sections 35-322 and 35-330 of the City's Zoning.Ordinance, and the City's Comprehensive Plan. 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. 2012-02 submitted by Paul Hyde of Real Estate Recycling, LLC be approved based upon the following considerations: PC RESOLUTION NO. 2012-04 1. The planned rezoning is compatible with the standards, purposes and intent of the City's Zoning Ordinance; 2. The rezoning, which will facilitate the redevelopment and improvement of this site, 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 rezoning and utilization of the property as proposed Linder the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards, in particular the incorporation of the 100 ft. and 50 ft. buffer requirements where industrial uses abut residential zoned property at a property line and a street line respectively; 4. The rezoning and land use amendment proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; 5. The rezoning proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community; and 6. Based upon the above considerations, it is believed that the guidelines for evaluating rezoning's as contained in Section 35-208 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. 2012-002 be approved subject to the following conditions and considerations: 1) The rezoning is subject to the successful acceptance and approval by the City Council of the final development/site plan proposed for the subject site. 2) No part of the land may be used or developed under the site plan labeled "conceptual" until such time as the Applicant submits a separate site and building plan application. 3) The submittal and approval of the platting and combining of the former Northwest Athletic Club (Lifetime Fitness) parcel and the former Denny's Restaurant (now excess MnDOT right-of-way parcel), to a yet unnamed or identified subdivision plat. i 2 of 3 i PC RESOLUTION NO.2012-04 April 12,2012 �c Y Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Kuykendall and upon vote being taken thereon,the following voted in favor thereof: Chair Rahn, Commissioners Burfeind,Kuykendall and Parks and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 3 of 3 Ciq•of RROOriI YiV CENTER Planning Commission Information Sheet Meeting Date: April 12,2012 Application Filed on 3-15-12 City Council action should be taken by 5-14-12 (60 Days) Application No. 2012-002 Applicant: Paul Hyde, Real Estate Recycling Location: 4001 Lakebreeze Avenue N. Request: Rezoning from C2 (Commerce)to PUD-Mixed C24-1 (Commerce/Industrial Park) INTRODUCTION Paul Hyde of Real Estate Recycling (RER) is seeking rezoning from C2 (Commerce) to PUD- Mixed C2/1-1 (Planned Unit Development-Mixed — Commerce & Industrial Park) of the old Northwest Racquet Club/Lifetime Fitness site, located at 4001 Lakebreeze Avenue North. This new PUD rezoning will facilitate the redevelopment plans proposed by RER of a new 90,000 sf. office/manufacturing/warehouse facility on this site. A concept development plan is included as part of this report, but only serves as the preliminary plan for the final site and development plan to be considered on this redevelopment site. This is a public hearing, and notice has been published in the local newspaper and mailed to the surrounding property owners. I BACKGROUND Prior to this rezoning, the City amended the•current land use designation of this site, which was previously identified in the City's 2010. Comprehensive Plan as OS-Office/Service Business. This City received approval from the Metropolitan Council to append this land use with a new "Mixed Use — OS/I (Office-Service Business/Industrial) land use category. Adding this industrial element to the underlying land use allows for the manufacturing and warehousing components of this new development to take place under the proposed PUD-Mixed zoning. The subject site consists of two vacant tracts of land; the first owned by Lifetime Fitness Corporation and the other the State of Minnesota. The larger tract is 7.4 acres in size and was formerly the Northwest Racquet and Tennis Club site. This property was acquired by Lifetime in 2006, which was subsequently demolished and cleared, and placed on the open market for sale. RER has a purchase agreement with Lifetime to acquire and develop this site should the city authorize this rezoning, along with a future site/building plan and platting applications. The smaller parcel located immediately east of the Lifetime site is approximately 1.27 acres in size and was the former Denny's Restaurant property, which was acquired by MnDOT as part of the reconstruction of the TH 100 project in 2003. This remnant parcel added to the larger Lifetime site would provide 8.67 acres of total area. PC 04-12-12 Page 1 XBROOKLYN TER I The City has an agreement with the State of Minnesota/MnDOT to transfer this parcel to the City,whereby the City intends to transfer the same parcel over to RER. The subject site is surrounded by I-2 Heavy Industry zoning to the north; R4 Multiple Family Residence to the northwest; R2 Two Family Residence to the west; and R5 Multiple Family Residence to the southwest. The I-2 zone is virtually filled-in with existing office/warehouse developments. The R4 area consists of a number of 4-plex apartment buildings interspersed with single-family homes. The R2 zone to the west consists.of a number of single-family homes with two-family(duplex)homes; while the R5 zone contains the Twin Lake Apartment complex. During preliminary testing and soil investigations of the subject site, RER discovered some potential volatile organic compounds and petroleum compounds which may require soil clean up and remediation work. Some of this contamination may have been a direct result of the former Joslyn Pole Yard Manufacturing (wood treatment) site to the north. The City, in conjunction with RER has applied for grants through the Department of Employment and Economic Development and Met Council's Tax Base Revitalization programs to assist in funding a Phase II Site Investigation Work Plan. On December 16, 2011, the City was notified by DEED that we received a$50,000 grant to assist in the investigation of contaminants on the subject site. Once the clean-up plan is approved, RER plans*to redevelop this site with the new 90,000 sq. ft. office/industrial/warehouse facility mentioned previously. The site and building plan and replat of the two parcels will be considered under separate planning applications'at a future Planning Commission meeting. REZONING The redevelopment of this site hinges upon the successful rezoning of the parcels, and is subject to the "Rezoning Evaluation Policy and Review Guidelines" contained in City Code Section 35- 208 (attached) and the procedures outlined in City Code Section 35-210. The applicant has submitted a written narrative describing their proposal along with written comments relating to the Rezoning Evaluation Policy and Review Guidelines (attached). As with all rezoning requests,the Planning Commission must review the proposal based on these evaluation policies and guidelines contained in the zoning ordinance. The policy generally states that rezoning classifications must be consistent with the City's Comprehensive Plan and shall not constitute"spot zoning", which is defined as a zoning decision which discriminates in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principals. Each rezoning proposal must be considered on its merits and measured against the City's policy and against the various guidelines, which have been established, for rezoning review. The following is a review of the rezoning guidelines contained in the zoning ordinance as we believe they relate to the applicant's comments and their proposal: PC 04-12-12 Page 2 '._3 ut 13RODKLYN CENTER a. Is there a clear and public need.or benefit? It is staff s opinion that this redevelopment proposal can be seen as meeting a clear and public need or benefit if it is consistent with the redevelopment criteria established by the City.and is also consistent with the City's Comprehensive Plan. The redevelopment proposed by Mr. Hyde will provide a nice and attractive balance to the overall business needs of the community and the other needs of adjoining properties. The redevelopment will provide an increase to the tax base in the community and may provide full-time employment opportunities to the residents. Addressing the clean-up of polluted soils that can pose a risk to health and the environment is an obvious public benefit and creating jobs on a site that is vastly underutilized. The proposal addresses the public needs and benefits in a way that makes it possible for the developer to do so in an economically feasible manner. The proposal they have is consistent with the City's Comprehensive Plan which is basically silent as to the future development of this site or this area of the city. The is currently zoned C2 Commerce in an area that is heavily influenced b other property Y � ) Y Y industrial and similar uses, and surrounded by single family and multiple-family housing. The industrial and residential uses in this area have been developed and zoned this way for a number of years, and all uses appear to function and co=exist together nicely. The proposed PUD-Mixed C24-1 zoning will provide for an effective and legal means of allowing this "clean" and less intensive industrial use in this area. Under the PUD agreement to be determined later, the City and Applicant can develop a plan that incorporates certain uses, standards or regulations that normal zoning district do not provide. The Applicant intends to correct and clean-up the polluted soils are currently affecting or impacting this site, which represents a significant risk to human health and the environment. The site currently vacant brings zero jobs and minimal tax base to the site. Redevelopment will remove the pollution, clean up the blighted site and bring jobs and higher tax base to the neighborhood. b. Is the proposed zoning consistent and compatible with the surrounding land use classifications? The Applicant notes that the proposed zoning will be a less intensive classification rather than the current C-2 zoning designation, or the I-2 Zoning to the north. The applicant's proposal certainly is consistent with the uses north of Lakebreeze Avenue in the Twin Lakes Business Park, which coincidentally, has been developed by the applicant. The proposed office/warehouse use would essentially mimic the Caribou Coffee facilities located to the north, which could be considered compatible with the surrounding residential uses. PC 04-12-12 Page 3 I IIROOr'-L PN CENTER Staff would comment that the proposal should remain consistent and compatible with surrounding land,use classifications from the standpoint that the proposed PUD Mixed C2/I-1 zoning is less intensive than the existing zoning and the'use can co-exist with abutting properties provided appropriate screening and buffering is maintained and other requirements of the district are maintained as well. c. Can all proposed uses in the proposed zoning district be contemplated for development of the subject property? The applicant comments that the proposed zoning district will result in a less intensive use at the site. They point out that office/warehouse use is consistent with surrounding uses and will provide additional jobs and tax base to the neighborhood. They believe the addition of an attractive new building will clean up the vacant site and remove pollution. Staff concurs with the Applicant's comments that the proposed C2/I-1 mixed zoning can be viewed as less intensive district for the site. Of note should be that outside storage of inventory, work in process or other materials would not be allowed in this site. The less intense nature of the industrial uses and commercial uses allowed under the C2/I-1 zoning, along with the PUD provisions to be established afterwards will provide for agreed-upon uses which would be appropriate for this area. d. Have there been substantial physical or zoning classification changes. in this area since the subject property was zoned? From all accounts of previous zoning records and land use maps,the zoning and land use in this area has remained virtually unchanged throughout the years. The nearest zone change took place a few years ago on the _former Howe Fertilizer site (4821 Xerxes Avenue)to the east,which was modified from I-2 to PUD/I-1 in February 2008. The overall effect proposed zoning change of this property with the new PUD-Mixed, even with the retention of the C2 category and addition of the I-1 category, is minimal and can be considered an appropriate change. Appropriate screening and buffering will be provided to the residential areas, and the intended use of this property for light industrial purposes makes this a reasonable and allowable use. Having the site consistent with the development to the north will create a positive impact on the City. e. In the ease of City initiated rezoning proposals, is there a broad public purpose evident? This evaluation criteria is not applicable in this case because this is not a City initiated rezoning proposal,but rather a developer initiated proposal. L Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? The redevelopment plans and proposed rezoning with the Mixed C2/I-1 district standards must adhere to the guidelines and general standards set forth in both districts. Even PC 04-12-12 Page 4 i 3 rBl? p„r tw TER though the C2 standards are less restrictive than the I-1 zone (e.g, the buffer requirements from adjacent residential areas), the Applicant has agreed to provide or adhere to the higher standards under the I-1 Zone. All building setbacks and parking and loading areas will meet I-1 setbacks and fall buffer, screening and landscape measure will be included. Staff will ensure that an appropriate buffer between the single family residences to the west and this site will be provided, and that traffic issues will be addressed as part of any future considerations or conditions of approvals. The proposed PUD-Mixed C24-1 offers an ideal opportunity to provide effective and appropriate uses,which should be consistent with the general principles and policies established under the City's Comprehensive Plan for this area. Proper screening and buffering will further provide an acceptable relationship between these areas. g. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration,topography or location? In initial discussions with the Applicant, the original site was planned for a change from C-2 to I-2, which was consistent with the I-2 zoning to the north. Although this I-2 area that encompasses Twin Lake Business Park is a nicely developed and clean area, the concept or allowances of outdoor storage under a similar I-2 zone for this site was determined to be inappropriate. Staff encouraged, and Mr. Hyde agreed, to limit the overall allowances or permitted activities on this site by requesting a specific PUD-Mixed Use with limited C2/I-1 uses. The development plans in general seem to provide a good layout and site plan for this area. The applicant's proposal to use this site for the office/warehouse use more than fits and utilizes the land respectfully by incorporating parking along the front edges of the site; loading to the rear; and appropriate landscaping and screening/buffering along the westerly boundaries to the residential areas. h. Will the rezoning result in an expansion of a zoning district warranted by: 1. Comprehensive Planning; 2.Lack of developable land in the proposed zoning district,or; 3. The best interest of the community? This rezoning application under consideration will result in the expansion of a portion of a zoning district warranted by the current Comprehensive Plan. This warranting was created by the recent adoption of the land use change by-the City and acceptance of said comprehensive plan amendment by the Met Council. The redevelopment of this site will not"greatly" expand an already existing and successful industrial based area,; moreover, it will upgrade the current C-2 site to a reasonable and more appropriate mixed use with C2/I-1 zoning uses and standards. This rezoning will result in higher quality jobs and increase in tax base and a less intensive use of the site. In general we would concur with these comments and note that the proposal does appear to have merit beyond just the particular interests of the developer and should lead to a PC 04-12-12 Page 5 Ci�rof BROOIfLY7V CC�t/TCR redevelopment that should be considered consistent and compatible with surrounding land uses. As mentioned previously, the proposal can be considered in the best interests of the community noting particularly the clean-up of a polluted site and a relatively clean development. i. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? As indicated previously, the Applicant is currently in the process of remediating polluted soils on this site, which may pose a risk to human health and environment. The site in its current condition is vacant and clearly underutilized, producing minimal jobs and tax base. The Applicant's redevelopment of this site will provide an opportunity to clean up the pollution and add high quality jobs and tax base to the site which results in merit beyond the interests of only the current owner. We also believe that the proposal has merit beyond just the particular interests of the developer. It will lead to a development that can be consistent and compatible with surrounding land uses. The-proposal would provide a quality development that is consistent with the City's Comprehensive Plan and be considered in the general best interests of the community. PROCEDURE Minnesota State Statute requires the City to respond to zoning applications within a 60-day time limit from the day a properly submitted application has been filed with the City. This application was filed on March 15, 2012. Due to legal notice and publication requirements for zoning requests, the application needs to be submitted at least four weeks prior to the Planning Commission's public hearing. The review clock began on the date the application was accepted. Therefore, the zoning decision must be made by the City Council no later than May 14, 2012, which is when the 60-day review period ends. Should the Planning Commission or City Council elect to table or postpone this decision, an additional 60-day review period would be necessary. Under this PUD application, the rezoning was accompanied by a proposed development/concept plan. This plan is only conceptual, and serves as an illustrative precursor to the future final development/site plan,which must be approved with all new PUD's. This final development/site plan is scheduled to be considered before the Planning Commission at the April 26, 2012 meeting. Please note the rezoning element of this PUD may proceed on its own merits;however, upon the final PUD consideration by the City Council, the rezoning and site plan will be considered together as one complete planned unit development proposal. A public hearing has been scheduled and notices have appeared in the Brooklyn Sun/Post and notices have been sent to neighboring property owners. The Planning Commission, following the public hearing may wish to consider a draft resolution, which has been prepared for consideration. The draft resolution outlines various possible findings with respect to the request to change the current zoning on the subject site from C2 (Commerce) district to PUD-Mixed C2/I-1 (Commerce/Industrial Park), with certain conditions noted therein and in the following PC 04-12-12 Page 6 f Cityof BRUOIi I.YN CEA'TER recommendation heading. RECOMMENDATION Staff recommends the Planning Commission provides a recommendation to the City Council to approve Planning Commission Application No. 2012-002, which comprehends the rezoning of the subject site noted herein from C2 (Commerce) district to PUD-Mixed C2/I-1 (Commerce/Industrial Park), subject to the following conditions: 1) The rezoning is subject to the successful acceptance and approval by the City Council of the final development/site plan proposed for the subject site. 2) No part of the land may be used or developed under the site plan labeled "conceptual"until such time as the Applicant submits a separate site and building plan application. 3) The submittal and approval of the platting and combining of the former Northwest Athletic Club (Lifetime Fitness) parcel and the former Denny's Restaurant (now excess MnDOT right-of-way parcel), to a yet unnamed or identified subdivision plat. If the Planning Commission accepts this recommendation and the conditions listed herein,the Commission may elect to adopt Planning Commission Resolution No. 2012-04, which memorializes the findings in granting this rezoning, and provides for the conditions of approval as they relate to this approval. PC 04-12-12 Page 7 3rCOTMITER q•n! f,17V r Section 35-208. REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. Purpose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77-167,the City Council has established a rezoning evaluation policy and review guidelines. 2. Policy It is the policy of the City that: a) zoning classifications must be consistent with the Comprehensive Plan, and b) rezoning proposals shall not constitute "spot zoning", defined as a zoning decision which discriminates in favor of a particular landowner, and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines which may be weighed collectively or individually as deemed by the City. 4. Guidelines a. Is there a clear and public need or benefit? b. Is the proposed zoning consistent with and compatible with surrounding land use classifications? C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? d. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? e. In the case of City-initiated rezoning proposals, is there a broad public purpose evident? f. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? g. Is the subject property generally unsuited for uses permitted in the present zoning district,with respect to size, configuration,topography or location? h. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive Planning; 2)the lack of developable land in the proposed zoning district; or 3)the best interests of the community? i. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? i City of Brooklyn Center City Ordinance III Real Estate Recycling Former Lifetime Site Redevelopment Narrative Rezoning Evaluation and Review Background: The majority of the Site was vacant property or used for periodic farming of an undefined nature. Aerial photographs suggest some type of large garage or storage building located near the southwest corner of the Site in late 1940'3, which was gone by the early 1950's. The Lifetime Health Club (constructed under a previous name) was constructed in 1984 and 1985. It was a two story structure that had an elevator and swimming pool and hot-tubs. The facility had tennis and other racquet sport courts and locker/shower rooms. - The Lifetime Health Club was demolished m 2007 and the Site has been un u sed and vacant since that time. The demolition included all aboveground structures and reportably included all foundations associated with the Lifetime site. A water well was abandoned in 2007, according to City records, although no records of well installation or abandonment were found in the Hennepin County well database. Most of the Site was low lying, at an elevation approximately the same as the wetland areas near-by the Site and associated with Middle Twin Lake which is located approximately 1000 feet directly west of the Site. The Site was located in a rural area until residential properties started being developed in the 1950's. An exception to this is the Joslyn Manufacturing site that was located approximately 300 feet north of the Site as early as the 1930's until the 1980's. The low lying area was filled, through some on-Site grading as well as import of undocumented fill to the Site. The filling started in the late 1940's, when the adjacent Highway 100 was started, and continued into the 1970's and 1980's. t III The undocumented fill was sampled in the summer of 2011. Based on the eight soil borings, urban fill soils are present across the entire Site to a.depth at or below the water table which exists 10 to 12 feet below ground surface. The fills include debris such as asphalt, concrete, plastic, metal, organics, peat and glass. One soil sample of urban fill was collected and analyzed for semi-volatile organics (PAH's or poly-aromatic hydrocarbons) and for petroleum, as defined by the MPCA required analysis of Diesel Range Organics (DRO). The PAH's were detected at a concentration approximately twice the industrial standard (Soil reference Value (SRV)) for BaP equivalent and the DRO was detected at 245 mg/kg, a concentration that the Petroleum Brownfields Program (PBP) will require some response action and soil management actions. Development Plan: Development plans for the.Site after clean-up entail a variety of benefits for the community. The 90,000 square foot, multi-tenant, light-industrial project (called France Avenue Business Park Building IV)to be developed by Real Estate Recycling is just across the street from the former Joslyn site redevelopment known as France Avenue Business Park. The redevelopment of the former Joslyn site resulted in a 3 building, 400,000 square foot business park featuring some of the great Minnesota companies, including Toro, Caribou Coffee's world headquarters and Wagner sprayers. The proposed Building IV on the former Lifetime site would reduce a human health and safety risk to the neighborhood, eliminate blight from the Site, bring jobs to the area and generate property tax revenues for the City and County. Real Estate Recycling is marketing the project to firms who are growing and want to stay in the area, and to firms currently outside the area who might be brought in by new construction and easy access to Highway 100 and public transportation. There has been very strong demand for the proposed 90,000 square foot France Avenue Business Park Building IV. Real Estate Recycling is currently negotiating with two different companies to take space in the proposed building. The first company is a medical device company looking for 65,000 square feet for office, lab and warehouse. They need to be in the new building by Fall of 2012 and are attracted to its location as they are re-locating from New Brighton. In addition Real Estate Recycling is negotiating with publicly traded company in the medical supply business for 25,000 square feet of office, lab and climate controlled warehouse space. I They need to be in the new building by Fall of 2012 and are attracted to its location as they are re-locating from Crystal. PUD Proposal: The proposed plan requests the creation of a PUD with an combination of a C-2 and 1-1 zoning classification (the site is currently zoned C-2). This use will be less-intensive than the previous retail use, and will provide significant increase in tax base and jobs to the area. RER requests the creation of a,PUD to allow flexibility in the medical uses at the Site. RER will incorporate heavy landscaping on the west side of the property to screen the abutting residential area from the building. Specifically, the dock area will be screened from the neighboring residence's with attractive opaque landscaping. This screening will effectively block lights from the building and vehicle traffic, ensuring that neighboring residences will not be disturbed. The building and all proposed parking will be within the current setback requirements. In addition to screening, RER's proposed plan mitigates any car or truck traffic associated with the redevelopment. The proposed site plan keeps all traffic off Azelia Ave to the west. This is a significant compromise in that this proposed site plan is 35,000 sf smaller than the original plan submitted by RER in the Fall of 2011. The net economic impact of the shrinking of the size of the original building is over$2-million in the value of the completed building. Additional signage will be installed at the northwest entrance to identify the residential neighborhoods on 48th street and prohibit truck traffic in the area. The current proposed building size and layout accomplishes an attractive front facade that faces the higher traffic counts on Highway 100, the front door to Brooklyn Center. This plan ties into the France Avenue Business Park to the North, creates a dock area effectively screened from residential, and includes building floor plate depth that is supported by the market. Rezoning Guidelines: Is there a clear and public need or benefit? Yes. Polluted soils are currently uncapped, representing a significant risk to human health and the environment. The vacant site generates 0 jobs and minimal tax base. Redevelopment will remove the pollution, bring jobs and tax base as well as successful companies, to the neighborhood. Is the proposed zoning consistent with and compatible with surrounding land use classifications? Yes. The proposed PUD will be comprised of the existing C-2 and an 1-1 zoning classification which is less intensive than the current 1-2 designation across the street. This use is consistent with the uses across at the France Avenue Business Park, and far more compatible with surrounding residential uses than the heavy traffic generated by the former health club. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? Yes. The proposed zoning district will result in a less-intensive use at the site (down zoning from C-2 to C-2/ 1-1). The office/warehouse use is consistent with surrounding uses, and will provide additional jobs and tax base to the neighborhood. The addition of an attractive new building will clean up the blighted site and remove the pollution. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? Yes. On the north side of the Lifetime Site the redevelopment of the former Joslyn Site dramatically changed the surrounding uses from a former polluted, heavy industrial wood treating facility to a modern, 400,000 square foot industrial park that is now home to some of Minnesota's greatest companies, including Toro, Caribou Coffee and Wagner Spraytech. i In the case of City-initiated rezoning proposals, is there a broad public purpose evident? Not applicable. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? Yes. A PUD is proposed with an underlying 1-1 zoning classification. The development will adhere to the guidelines set forth in the PUD. There are no variances from the underlying 1-1 zoning requested. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? Yes. The present zoning district is C-2, which allows for commercial uses. Since the creation of the new Highway 100 interchange at Lakebreeze Ave, there site is no longer suitable for commercial uses. This is evidenced by the fact that the Lifetime has been unable to sell the site since site was listed for sale just after the creation of the new Hwy 100 interchange. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive planning; 2) The lack of developable land in the proposed zoning district, or 3) The best interests of the community? The redevelopment will result in a mixed C-2/1-1 zoning district, which is a less intensive industrial use than the neighboring 1-2 classification. This rezoning will result in higher quality jobs, an increase in tax base, and less intensive uses at the site. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? The polluted soils currently pose a risk to human health and the environment. In addition, the site in its current condition is blighted and underutilized, producing minimal jobs and tax base. Redevelopment will clean up the pollution, and add high quality jobs and tax base to the Site, results which demonstrate merit beyond the interests of the current owner. I I� I . i i �I I City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM DATE: May 9, 2012 TO: Curt Boganey, City Manager FROM: Tim Benetti,Planning and Zoning Specialis r THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Recommended Disposition and Approval of Planning Commission Application No. 2012-002, submitted by Paul Hyde for Development/Site and Building Plan Approval, in conjunction with the new France Avenue Business Center 4 — Planned Unit Development, to be Located at 4001 Lakebreeze Avenue North Recommendation: It is recommended the City Council adopt the Resolution regarding the recommended disposition and approval of Planning Commission Application No. 2012-002, submitted by Paul Hyde for Development /Site and Building Plan Approval, in conjunction with the new France Avenue Business Center 4—Planned Unit Development, located at 4001 Lakebreeze Avenue North Background: On April 12, 2012 the Planning Commission conducted a public hearing on Planning Commission Application No. 2012-002 submitted by Paul Hyde of Real Estate Recycling for the rezoning of land located at 4001 Lakebreeze Avenue North, from C-2 (Commerce) to a new PUD-MIXED C2/I-1 (Planned Unit Development-Mixed Commerce and Industrial Park). The Planning Commission considered the rezoning portion of this new PUD only; received and considered the conceptual Development Plan; and delayed action on the final Development/Site and Building Plan until the April 26, 2012 meeting. At the April 26, 2012 Planning Commission meeting, the Commission conducted an additional public meeting to consider the Development/Site and Building Plan component of this PUD. With no public comments or objections, the Commission recommended approval and adopted Planning Commission Resolution No. 2012-08, which is attached for Council consideration. Attached for further review is the April 26"' Planning Commission report as it relates to the proposed Development/Site and Building Plan of this PUD application. Minutes from the April 26, 2012 PC meeting are also included. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2. We will proceed aggressively with implementation of City's redevelopment plans. l 4. We will improve the city's image. Mission:Ensuring an attractive,dean,sgJe,inclusive cornnuuritp that enhances the quality of life for all people and preserves the public trust i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-002 SUBMITTED BY PAUL HYDE OF REAL ESTATE RECYCLING, LLC, APPROVING THE DEVELOPMENT/SITE AND BUILDING PLAN IN CONJUNCTION WITH THE NEW PLANNED UNIT DEVELOPMENT LOCATED AT 4. 001 LAKEBREEZE AVENUE NORTH WHEREAS, Planning Commission A pp lication No. 2012-002 submitted by Paul Hyde, on behalf of Real Estate Recycling, LLC proposes rezoning the 7.39 acre site located at 4001 Lakebreeze Avenue North, along with the 1.27 acre MnDOT excess right-of-way parcel located adjacent to and immediately east of the 7.39 acre site (herein referred to as the "Subject Site"), from C2 (Commerce) to PUD-Mixed C2/1-1 (Planned Unit Development — Mixed Commerce and Industrial Park) of, and WHEREAS, the proposal comprehends the rezoning of the above mentioned Subject Site to facilitate the planned and future redevelopment of the site with a proposed 90,000 sq. ft. office/industrial/warehouse facility on said properties; and WHEREAS, on February 13, 2012, the City Council adopted City Resolution No. 2012-031 which approved an amendment to the 2030 Comprehensive Plan by changing the land use designation on the Subject Site from OS-Office/Service Business to a new Mixed-Use OS/I— Office-Service Business/Industrial; and whereby the City subsequently received official notice from the Metropolitan Council by means of letter of approval, dated March 13, 2012 in which said land use amendment was accepted by the Met Council; and WHEREAS, on April 23, 2012, the City Council adopted City Resolution No. 2012-62, which partially approved the rezoning element of this Planned Unit Development comprehended under Planning Commission Application No. 2012-002; and WHEREAS, on April 23, 2012,the City Council considered under First Reading an Ordinance amending Cha p ter 35 of the City Code of Ordinances, regarding the zoning classification of certain land generally located in the most southerly section of the City of Brooklyn Center, situated between Azelia Avenue North to the West, Lakebreeze Avenue North to the north, and Highway 100 to the East and South (addressed as 4001 Lakebreeze Avenue North), from C2 (Commerce) to PUD=Mixed C2/1-1 (Planned Unit Development- Mixed Commerce and Industrial Park), and set a public hearing and second reading of said Ordinance for May 14, 2012; and �I RESOLUTION NO. WHEREAS, on April 26, 2012, the Planning Commission reconsidered the same Application No. 2012-002, and reviewed and received a planning report on the proposed new Development/Site and Building Plans, in conjunction with the proposed new Planned Unit Development of the Subject Site, which plan provides for the construction of a new 90,000 sq. ft. office/manufacturing/warehouse facility, parking lot and truck court loading area, site lighting, landscaping and screening measures, sidewalks and trails,and other improvements; and WHEREAS, the Planning Commission determined the Development/Site and Building plans are consistent with the General Development Plans of the overall France Avenue Business Center 4 Planned Unit Development, as comprehended under Planning Application No. 2012-002, and may be approved subject to the conditions memorialized herein. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Brooklyn Center, that Planning Commission Application No. 2012-002 submitted by Paul Hyde, on behalf of Real Estate Recycling, LLC, which proposes the new Development/Site and Building Plans, in conjunction with the proposed new Planned Unit Development of the Subject Site, which plan provides for the construction of a new 90,000 sq. ft. office/manufacturing/warehouse facility, parking lot and truck court loading area, site lighting, landscaping and screening measures, sidewalks and trails, and other improvements, is hereby approved based on the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The buildings are to be equipped with an automatic fire extinguishing systems to meet NAPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 3. The location or placement of all fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Chief. 4. Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 5. The Developer shall submit a site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 6. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 7. An underground irrigation system shall be installed in all landscaped areas to facilitate 2 of 4 RESOLUTION NO. site maintenance. 8. Plan approval is exclusive of all final signs on this site, including any new freestanding, wall (building) signs and directional signs, which all shall remain subject to Chapter 34 of the city ordinances, and subject to separate sign permit submittals and approval. 9. B-612 curb and gutter shall be provided around all parking and driving areas. 10. The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 12. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13. Upon the transfer of the adjacent State of Minnesota/MnDOT parcel from the City to the Developer, he shall at his earliest convenience apply for separate and full subdivision applications consideration (preliminary plat and final plat approvals) to combine the two parcels under this PUD into one single platted lot of record. 14. The Developer shall provide and dedicate all necessary easements as required by the City Engineer, including the trail easement along the westerly boundary line, either on the new plat or by separate recordable document/agreements. 15. The Developer shall replace any existing significant trees noted to be saved on the Landscape Plans (Sheet L1.01) that may become damaged or removed as a direct result of construction on this site. 16. The Developer shall provide an identifiable, central walkway corridor in the east parking lot to accommodate pedestrians to maneuver safely through the parking lot. 17. The 8-foot high screening fence along the westerly buffer strip shall be revised to a maintenance free type material (unless recommended otherwise by the Planning Commission), and final style and located approved by the City Business and Development Director. 18. The owner of the property shall enter into an utilities and facilities maintenance agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 3 of 4 RESOLUTION NO. III 19. Storm water drainage systems shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of any permits. 20. The Developer shall provide the City with assurances that a future remediation and clean-up plan to remove hazardous substances (such as the asbestos) and semi-volatile pollutants that present a threat to public health or the environment, is acceptable with Minnesota Pollution Control Agency standards and all other Federal, State, and/or County agency standards prior to the issuance of building permits. 21. Approval of this Planned Unit Development acknowledges the PUD-MIXED C2/I-1 underlying zoning district as authorizing allowable used generally within this development site. This site, however, may not be used as an "adult establishment" as indicated in Section 35-330, Subdivision la, 13 of the City Code. Such uses are specifically prohibited within this Planned Unit Development. 22. The owner shall enter into a PUD Agreement and/or Declaration of Covenants and Restrictions Agreement with the City of Brooklyn Center to be prepared and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific standards and regulations provided by the underlying PUD-MIXED C2/I-1 zoning district, as well as all other conditions of approval. This agreement shall further assure compliance with the development/site plans submitted with this application. 23. Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. May 14, 2012 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. 4 of 4 i i Planning Commission Information Sheet Meeting Date: April 26,2012 Application Filed on 3-15-12 City Council action should be taken by 5-14-12 (60 Days) Application No. 2012-002 Applicant: Paul Hyde, Real Estate Recycling Inc. Location: 4001 Lakebreeze Avenue N. Request: Development/Site & Building Plan Approval — in relation to a new Planned Unit Development INTRODUCTION Paul Hyde of Real Estate Recycling, Inc. (RER) is seeking to establish a new Planned Unit Development(PUD) on the former Northwest Racquet Club/Lifetime Fitness site located at 4001 Lakebreeze Avenue North. This new PUD involves the change of zoning of the site from C2 (Commerce) to PUD-Mixed C2/I-1 (Planned Unit Development-Mixed of Commerce and Industrial Park), along with the related development/site plans of a new 90,000 sf. office/manufacturing/warehouse facility. This item is being presented under regular consideration and not a public hearing; and notices have been mailed to the surrounding property owners. BACKGROUND The rezoning element of this PUD application was reviewed and given due consideration under separate public hearing at the April 12, 2012 meeting. At that meeting, Staff noted the development/site plan that must accompany any PUD request would be reviewed separately at the following meeting (April 26th). The rezoning part has been forwarded to the City Council for first reading and a request to set a second public hearing/second reading for May 14, 2012. The subject site consists of two vacant tracts of land. The larger tract is 7.4 acres in size and was formerly the Northwest Racquet & Tennis Club. The smaller parcel located immediately east of the Lifetime site is approximately 1.27 acres, and is still owned by the State of Minnesota. The two parcels added together would provide 8.67 acres of total area. The City has an agreement with the State of Minnesota/MnDOT to transfer this parcel to the City, whereby the City intends to transfer the same parcel over to RER. Upon completion of this transfer, the Developer intends to replat these two parcels into one large, single lot of record. PLANNED UNIT DEVELOPMENT PROVISIONS Section 35-355 Planned Unit Development, Subd. 5 Application and Review, Para. a Implementation of a PUD shall be controlled by the development plan. The development plan may be approved or disapproved by the City Council after evaluation by the Planning Commission. I PC 04/26/12 Page 1 of 11 Para c. of this section identifies that the following criteria is considered in the initial creation of the PUD and consequently should be considered in subsequent changes to the PUD: 1. Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. ZONING & COMPREHENSIVE PLAN The subject site is surrounded by I-2 Heavy Industry zoning to the north; R4 Multiple Family Residence to the northwest; R2 Two Family Residence to the west; and R5 Multiple Family Residence to the southwest. The I-2 zone is virtually filled-in with existing office/warehouse developments. The R4 area consists of a number of 4-plex apartment buildings interspersed with single-family homes. The R2 zone to the west consists of a number of single-family homes with two-family (duplex) homes; while the R5 zone contains the Twin Lake Apartment complex. 12....: ('12 w. '12 > ....... R4_ —R4— �l�_..::::Q J —R4—</R4 R4 —7— Q R4 IR4 w j R4 >—R4— —R4— / m LAKE BR t'rd ....... z Y Q J — — C2 LAKE I A E z: LL 02 R5 IN LAK RK Z w The City amended the current land use designation of the subject site from OS-Office/Service Business to a new "Mixed Use — OS/I (Office-Service Business/Industrial) land use category. This land use and proposed zoning allows for the redevelopment of this site with the manufacturing and warehousing development proposed under this PUD plan. The proposed PUD-MIXED C2/I-1 zoning will allow for a multitude of permitted and special uses on this site. These uses are indicated on the attached C2 and I-1 district handouts. One particular use that Staff is concerned as a permitted use under the I-1 (Industrial Park) district are "adult establishments". With the neighboring residential neighborhoods, we feel this type of business or activity is not suited or conducive to this neighborhood. As part of our PC 04/26/12 Page 2 of 11 I recommendation in this PUD, Staff is recommending this specific permitted use be disallowed or prohibited on this site. This condition was similar to the approved PUD on the Howe Fertilizer redevelopment site in 2008. DEVELOPMENT/SITE AND BUILDING PLAN BUILDING&SITE LAYOUT The building sits on a north/south alignment, with parking to the east and loading on the west. The new site will be accessed with two new driveways; with one serving the large truck court to the west and the other serves as the main entry to the visitor/ employee parking lot to the east. The large parking area is designed for 260 parking spaces. The old fitness club site contained one access point off Lakbreeze Avenue, which will be closed under this new plan. Azelia Avenue to the west will not be used or provide any access points into this site. A new drainage pond and buffer strip is being provided along the west edges of this site. The office/manufacturing/warehouse building proposed under these plans measures 494-ft. by 186-ft., or just over 91,800-sf. of GFA. The building will consist of three main doorway entries along the east elevation (please note the elevation tags are mislabeled on Sheet A3.1; the north elevation should be "east"; the south should be "west"; the west should be "north"; and the east should be "south"). The rear loading areas (west elevation) contains 4 large overhead, at-grade drive-in service doors, and 9 overhead door bays for typical semi-truck loading/unloading areas. The building is similar in design and style to the previous office/warehouse facilities Mr. Hyde has developed in this area, notably the Minneapolis Business Center buildings located to the east of Brooklyn Boulevard (City of Minneapolis) at 2601 49th Avenue, and the Caribou Coffee headquarters immediately north of the site. A natural color palette and accented entry elements will be utilized. The exterior will be primarily painted, insulated concrete (tip-up) wall panels; smooth and raked finish concrete panels; synthetic stucco (EIFS)cornices above the door entries; and %2-inch recessed accented square panels and horizontal bands will be featured along the outer perimeter of the building. The main-front elevation (east) consists of large number of anodized aluminum frames and tinted, insulated glass window panels and entry doors. The end-caps with these entries will be provided with similar window and architectural treatments. As mentioned at the last April 12th meeting,the site is subject to a massive clean-up program and mitigation plan, due to the impacts associated with various semi-volatile compounds, old fill material, and asbestos paint on the ground-up asphalt tennis courts when the old fitness club was demolished a few years ago. The Applicant is in the process of soliciting funds from various state and county agencies to assist in this clean-up of the site. BUILDING SETBACKS The site plan illustrates the building will have a 35-foot setback off Lakbreeze Avenue and 35- foot off the south line. The building is setback over 180-feet off Azelia Avenue, with the truck court area shown with a 50-ft. setback. The minimum front-yard setback in the C2 zone is 35- feet, while the minimum under the I-1 district is 50-feet. City staff encouraged Mr. Hyde to reduce the original proposed 125,000 sq. ft. building footprint and realign the building as shown PC 04/26/12 Page 3 of 11 on these plans, in order to eliminate any need or use of Azelia Avenue by truck traffic servicing this site. Normally, and under rare cases, if a site or property is affected by two or more zoning classifications, the more restrictive zoning (standards and regulations) takes precedent. Under this particular redevelopment plan, the City encouraged the application to provide a mixed zoning over this site, under a new PUD-Mixed C2/I-1 zoning district. The PUD allows for some limited site development flexibility and reduced standards, including setbacks. Staff does not have any issues or-concerns with allowing this building to be setback with a 35-foot dimension off Lakebreeze, as this is consistent with the original (and maintained) C2 zoning standards, which was already in place before this PUD-Mixed zoning would take place. The main parking area to the east is also provided with a 35-foot setback along Lakebreeze and approximately 15-feet off the State HWY 100 right-of-way line to the south. Section 35-700 of the City Zoning Code requires a minimum 15-foot setback from any street right-of-way. The building will be setback 180 ft. from the westerly property line (parallel with Azelia), and over 240-feet from the residential zoned properties on the opposite side of Azelia. The truck court area is shown with a 50-foot setback from Azelia. City Code Section 35-412 (Special Requirements in C2 Districts) specifies that any new development adjacent to a an RI,R2 or R3 residential district must provide a protective strip (buffer) either at the property line or public street line. In this case, a 15-ft. strip from Azelia Avenue right-of-way line, and 35-feet from the R2 district at the southwest corner. Moreover, under Sect. 35-413 (Special Requirements in I-1 and I-2 Districts), the buffers increase to 50-ft. and 100-ft. strips respectively. No part of these buffers may be used for parking, driveways, loading, or storage, and must be landscaped. Here again-Mr. Hyde was encouraged (and provided) the larger buffer separation amounts of 50-feet off Azelia Avenue and exceeds or meets the requirements at the R2 shared line. The landscaping and treatments planned for these buffers strips will be addressed later in the landscaping section of this report. •:° ACCESS/PARKING Access to the site will only be allowed off Lakebreeze Avenue by means of the two access drives shown on the plans. No access is being provided on to Azelia Avenue to the west. The existing access to the site, which served as the main access point to the former fitness club,will be closed off. The westerly access is s 35-ft. width drive, and shall serve only those trucks that enter/exit this rear"truck court: loading area. This access is off-set from the Azelia Avenue intersection to the west by 150-feet, which was a preliminary requirement given by the City Engineer to the Developer. The other easterly access is 25-feet in width and will only serve those personal/passenger vehicles for visitors and employees to this large parking area to the east. This access is set to be aligned directly across from the westerly Caribou Coffee site across the road. The off-street parking requirement for this 90,000 sq. ft. building based on a 5 percent office/95 percent industrial/warehouse occupancy. The office use requires i space per 200 sq. ft., [90,000 @ 5% = 4,500 sf. / 200 = 22.5], or 23 spaces. The industrial/warehouse activity requires one space for each 800-sq. ft. of GFA, or [85,500 sf. / 800 = 106.9] or 107 spaces. The total amount required by Code (assuming these use area determinations are accurate) is 130 spaces. The site plan illustrates 254 standard parking stalls and 6 handicap accessible stalls, or 260 total spaces. It is important to note that the former fitness site obtained a private off-site parking agreement PC 04/26/12 Page 4 of 11 1 with Mr. Hyde a number of years ago, to use parts of Caribou Coffee's parking areas in case of over-flow on the fitness site. With this parking agreement intact, and the fact the site can sustain an 130 extra spaces on this site, it appears this new development site will have more than enough and adequate parking to fulfill the needs of its employees and visitors to the site. The rear truck court area will only be used for the loading and unloading of semi-trucks and other service delivery vehicles. No part of this truck area will be used or allowed to park vehicles. It should be noted that the site plan illustrates a small shaded region with passenger p g the tag-line "proposed variance". This area is actually a small section of the truck court loading area that infringed into the required 50-foot buffer space, due to the Azelia Avenue hammerhead turn-around design configuration. Under this PUD process, no variance is needed for this encroachment due to the minimal amount and unusual situation created by this hammerhead. Planning staff would also suggest that since this site apparently has more than enough parking to accommodate these uses, that a pedestrian walkway be included in the middle area of this large parking lot. This walkway would eventually connect to the central entry point into the building. y OARS a. PROPOSED OFFICE - WAREHOUSE - 90,000 sq.ft.GROSS AREA L ,IN,L -i u z � I I DOORS PC 04/26/12 Page 5 of 11 i GRADING/DRAINAGE/UTILITIES The applicant provided preliminary grading, drainage and utility plans which are being reviewed by the Director of Public Work's/City Engineer. Attached is a copy of his site engineering review memorandum relating to this application, dated April 20, 2012. All written comments are offered for the Planning Commission's consideration. Generally speaking, the site grading calls for typical site perimeter grading along the southerly and westerly boundaries. Much of this grading is to accommodate the new levels of the parking areas in relation to the existing grades, and to provide positive slopes/drainage to the new drainage pond in the southwest corner. A large majority of the site drains southerly, with catch basins and storm pipes channeling the runoff to the southerly and ponding area. This new pond must be sized to accommodate a large portion of this site's drainage, which includes the two large parking and loading areas, along with the roof drains. The pond is designed to be a two-tiered .system, with a first system (fore bay) serves as the initial sedimentation pond, which provides an outflow to the lower, infiltration pond area. The drainage plan also calls for an outlet pipe to the south and into the State HWY 100 right of way. This HWY 100 area also contains its own storm water detention pond. Staff believes the Developer will need to obtain State of Minnesota/MnDOT approvals to drain into this system. The site is providing with new 8-inch water main connection from the city water main system near the upper northeast corner under Lakebreeze Avenue. This water service line continues south through the parking lot and is looped around the southerly edge of the building, runs northerly half way through the truck court area, and ties off to the west into the existing water system under Azelia Avenue. The main service line into the new building is served at this junction where the line tees off towards Azelia Ave. Water hydrants are strategically spaced throughout the interior and outer edges of the parking lot and loading area, and along the building's perimeter. The Fire Chief will need to provide final input and approval to the location of these hydrants. Sanitary sewer services will be provided by a new 6-inch line off the main line under Lakebreeze Avenue. Staff assumes the proposed office/industrial uses planned for this new building site will be reasonably accommodated by this single, service line. B-612 curb and gutter is required around all driving and parking areas and is indicated on the plan. The grades along the easterly edge of Azelia Avenue are being lowered to eliminate the small, north/south retaining wall system installed under the old fitness club development, and allows for a smoother transition down to the lower elevation of the truck court areas. The Developer provided an east/west cross-section that represents the Azelia Avenue grades with the grades to the rear of the new building. This cross-section reveals that the loading and building's lower elevations may help attenuate noises or vehicle movements from the existing residences to the west. The inclusion of the 8-foot high cedar fence along this west edge buffer area, along with the loaded landscaping should help provide some relief to noise and visual impacts created by this building's loading area and wall massing. PC 04/26/12 Page 6 of 11 I A Storm Water Pollution Prevention Plan (SWPPP) and/or erosion control plan was not included with these plans. A SWPPP or similar plan is required with proper erosion control measures to be installed prior to starting grading operations in accordance with best management practices. In addition, an NPDES construction site erosion control permit must be obtained from the Minnesota Pollution Control Agency before any work on this site can be undertaken. •3 LANDSCAPING/SCREENING The Developer has submitted a detailed landscape plan in response to the landscape point system utilized by the City to evaluate such plans. The 8.67 acre site requires 647 landscape points. The Developer intends to meet the point requirements by saving some of the existing trees along the outer areas, and providing additional landscaping around the perimeter of the building, inside the parking area and outer edges of the site. Their plan indicates that they will provide 57 new deciduous/ shade trees, such as Sugar and Northwood Maples, .Honey Locust, Swamp White Oak, Quaking Aspens, and Lindens; plus 26 ornamentals trees, such as lilac, serviceberry, and crabapples; and 70 different varieties of shrubbery, such as spireas, cranberrybushes, and sumacs. The plant legend does not provide any new evergreen trees, such as Black Hill spruces, Colorado blue spruce or scotch pines. Instead the plans call for the retention of approximately 15 evergreens inside this site, along with 27 deciduous trees. The amount allocated for all of these new deciduous, ornamentals, and shrubs is 619.5 points. The points allowed for the 15 evergreen and 27 trees is 360 points. Although these 360 points added into the new planting points of 619.5 equates to 979.5 total points (or 332 points over the required minimum points), Staff encourages the Developer to keep this plan as submitted, and maintain this as part of the approved PUD submittal package. Staff will need to assess after the project completion that all new and existing plants called for are planted or survived the construction work, and a final determination will be made with additional plantings added if'so required. A new 8 ft. high cedar fence is proposed along the west edge of this development, to provide adequate and required screening from the residential areas to the west. It was recommended under the PUD approvals for the Howe Fertilizer site redevelopment that a maintenance free material rather than the cedar be considered for the screen fence. The Commission may want to provide a recommendation for either wooden or maintenance free fencing in this area. Underground irrigation is to be provided in all landscaped areas to facilitate site maintenance in accordance with the requirements of city ordinances. ❖ LIGHTING AND TRASH The applicant has submitted a lighting plan indicating the proposed foot candles for lighting on the site. Section 35-712 of the city's Zoning Ordinance requires that all exterior lighting be provided with lenses, reflector or shades so as to concentrate illumination on the property. Illumination is not permitted at an intensity level greater than 3 foot candles measured at property lines abutting residentially zoned property. A preliminary review of the foot candles proposed indicates that the 3 foot candle limitation is not exceeded along the property lines. PC 04/26/12 Page 7 of 11 Building mounted lights are proposed on the west and east walls of the building. The parking lot will be provided with three, thirty-foot high double headed light poles, and three, thirty-foot single-headed light poles. No trash enclosure area has been indicated on the plan and we assume that all trash will be stored inside the building for pick up. Should any outdoor enclosure area be requested or needed after any PUD approval, a simple site plan with elevations and material list will be required for Planning Staff approvals, with full building permit review and consideration required. •o• SIGNAGE The PUD plan included one freestanding monument style sign near the easterly entrance. This monument sign shall is dimensioned as 10-ft. wide by 6-ft. high. The exact or final location of this sign may need to be determined later during the review and consideration of the future plat for this site. Staff must ensure that no sign encroaches in any easement or utility spaces. No other freestanding identification signs are proposed at this time. The sign ordinance limits wall mounted signs not to exceed 15 percent of the wall area on each of its exterior walls. The Developer has indicated this building is scheduled for two separate tenants. As part of this PUD, we would request that any future wall or identification signage be consistent in scope, text size and graphics size, with allowance given for respective corporate logos or designs as an integral part of new signage. •a• PLATTING ISSUES As indicated earlier in this report, the subject site consists of two vacant tracts of land; with one parcel 7.4 acres in size and the other approximately 1.27 acres, or an 8.67 acres of total area. The City has an agreement with the State of Minnesota/MnDOT to transfer this parcel to the City, whereby the City intends to transfer the same parcel over to RER. Upon completion of this transfer, the Developer intends to replat these two parcels into one large, single lot of record. This proposed subdivision plat is not included or made part of the considerations given to this specific PUD application, including this Development/Site and Building Plan. The Developer will need to submit separate application of this new plat in the near future. Staff is unable to provide a definite timeline or determination when this transfer of the MnDOT parcel will take place or be completed. Under this PUD approval process, City Staff has agreed (in principle)that the development of this site with the new building and portions of the parking and loading and drainage areas may take place prior to this transfer being completed, on account the new building would be situated on the former Lifetime Fitness piece of this redevelopment site,which is planned to be acquired separately by Mr. Hyde once this PUD/Site Plan entitlement process is complete. Staff is confident the City and Mr. Hyde will complete the transfer very soon; and this replatting will be made part of any PUD approvals. TRAIL ISSUES As evident in the site plan, the Developer has identified and illustrated a proposed 10-foot wide (bituminous) trail easement along the westerly edges of this site. This trail easement would accommodate the new trail alignment and connections for the Twin Lakes Regional Trail system PC 04/26/12 Page 8 of 11 i i in our community. As indicated in previous staff updates on this trail,the City intends to provide a more suitable trail connection from Twin Lakes Park located over 3 blocks southwest of this site, down along , north into the development site,jog along Azelia Avenue and reconnect onto the existing trail system off Azelia Avenue to the north of Lakebreeze Ave. The exact location or alignment of this trail has not been finalized or given approvals yet; however, the benefit of acquiring a trail easement is crucial in support of this trail relocation efforts by the City and Three Rivers Park District. I CITY ENGINEER'S REVIEW Attached is a copy of the City Engineer's memorandum which identifies certain site design issues and conditions that must be corrected or addressed prior to issuance of any site or building development permits. Conditions required by the City Engineer should be made part of any approvals. Please note some or most of these conditions will be reviewed and approved under separate site and building permits within the project area. Other conditions or improvements may be subject to further review and approvals as part of any future platting or PUD amendments (if necessary). RECOMMENDATION Staff recommends the Planning Commission provides a recommendation to the City Council to approve Planning Commission Application No. 2012-002, which comprehends the Development/Site and Building Plan of the subject site, which is an integral part of the proposed Planned Unit Development requested of this site, subject to the following conditions: i 1. The building plans are subject to review and approval by the Building .Official with respect to applicable codes prior to the issuance of permits. 2. The buildings are to be equipped with an automatic fire extinguishing systems to meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 3. The location or placement of all fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Chief. I 4. Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 5. The Developer shall submit a site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 6. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. PC 04/26/12 Page 9 of 11 I 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all final signs on this site, including any new freestanding, wall (building) signs and directional signs, which all shall remain subject to Chapter 34 of the city ordinances, and subject to separate sign permit submittals and approval. 9. B-612 curb and gutter shall be provided around all parking and driving areas. 10. The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 12. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13. Upon the transfer of the adjacent State of Minnesota/MnDOT parcel from the City to the Developer, he shall at his earliest convenience apply for separate, and full subdivision applications consideration (preliminary plat and final plat approvals) to combine the two parcels under this PUD into one single platted lot of record. 14. The Developer shall provide and dedicate all necessary easements as required by the City Engineer, including the trail easement along the westerly boundary line, either on the new plat or by separate recordable document/agreements. 15. The Developer shall replace any existing significant trees noted to be saved on the Landscape Plans (Sheet L1.01)that may become damaged or removed as a direct result of construction on this site. 16. The Developer shall provide an identifiable, central walkway corridor in the east parking lot to accommodate pedestrians to maneuver safely through the parking lot. 17. The 8-foot high screening fence along the westerly buffer strip shall be revised to a maintenance free type material (unless recommended otherwise by the Planning Commission), and final style and located approved by the City Business and Development Director. 18. The owner of the property shall enter into an utilities and facilities maintenance agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. i PC 04/26/12 Page 10 of 11 i I 19. Storm water drainage systems shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of any permits. 20. The Developer shall provide the City with assurances that a future remediation and clean-up plan to remove hazardous substances (such as the asbestos) and semi-volatile pollutants that present a threat to public health or the environment, is acceptable with Minnesota Pollution Control Agency standards and all other Federal, State, and/or County agency standards prior to the issuance of building permits. 21. Approval of this Planned Unit Development acknowledges the PUD-MIXED C2/I-1 underlying zoning district as authorizing allowable used generally within this development site. This site, however, may not be used as an "adult establishment" as indicated in Section 35-330, Subdivision la, 13 of the City Code. Such uses are specifically prohibited within this Planned Unit Development. 22. The owner shall enter into a PUD Agreement and/or Declaration of Covenants and Restrictions Agreement with the City of Brooklyn Center to be prepared and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific standards and regulations provided by the underlying PUD-MIXED C2/1-1 zoning district, as well as all other conditions of approval. This agreement shall further assure compliance with the development/site plans submitted with this application. 23. Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. If the Planning Commission accepts this recommendation and the conditions listed herein, the Commission may elect to adopt Planning Commission Resolution No. 2012-08, which memorializes the findings in granting said approval of this proposed Development/Site and Building Plan for the new Planned Unit Development on the subject site, and provides for the conditions of approval as they relate to this approval. Attachments 1) Location/Site Aerial Map 2) Full Site Plan Set of France Ave Business Center 4 PUD a. Survey Map b. Site Plan-Sheet Al.1 c. Floor Plan—Sheet A2.1 d. Exterior Elevations—Sheet A3.1, e. Site Cross Section—Sheet A3.2 f. Grading Plan—Sheet C1.01 g. Utility Plan Sheet C2.01 h. Lighting Plan—Sheet C3.01 i. Landscape Plan—Sheet L1.01 3) City Engineer's Review Memorandum—dated April 20,2012 4) Planning Commission Resolution No.2012-08 PC 04/26/12 Page 11 of 11 i i MEMORANDUM DATE: April 20, 2012 TO: Tim Benetti,Planning and Zoning Specialist FROM: Steven L.Lillehaug, City Engineer/Director of Public Works Bruce Johnson,Engineering Technician Supervisor SUBJECT: Public Works Preliminary Site Plan Review—France Avenue Business Center 4 Public Works Department staff reviewed the Preliminary Site Plan submittal dated April 2,2012, for the proposed France Avenue Business Center 4 and has the following comments: Submittal package incompleteness: 1. All comments that follow are made with the assumption that this development process will eventually proceed through the subdivision process and combine the site's two parcels into a single parcel, the second parcel being the old Denny's property that is now Mn/DOT turnback property. It is anticipated that a preliminary plat and a final plat would be evaluated and approved by the City and County prior to proceeding with an issuance of any permits for any actual construction work. Proposed property lines, easements, setbacks, etc. have not been fully evaluated for these reasons; therefore,the full evaluation of these elements will take place once the preliminary plat and final plat are developed and formally submitted to the City for consideration. 2. A Storm Water Pollution Prevention Plan(SWPPP) is required. 3. A site plan is required to be submitted as part of this application and review of the PUD Site Plan (Ordinance 35-355) that includes proper dimensioning of drive aisles, parking stalls, curve radii, and other typical site plan dimensioning.This must be provided for evaluation. 4. Provide the City with an updated traffic impact and parking study for the site. Without the additional Denny's property added into the overall plat,the Developer must show an interim parking plan and proof-of-parking plan as warranted. Easements,Agreements and Plat: 5. Legal descriptions and easement vacation documents must be obtained for all existing easements. Existing public easements as determined by the City must be vacated and proposed easements must be dedicated as part of the preliminary and final platting process. 6. Provide and verify all private encumbrances and rights pertaining to those easements and other encumbrances that may be present. Verification of any proposed site elements located within any identified easement must further be evaluated and confirmed if the encroaciinlent is allowed (e.g. proposed utilities, buildings, etc). 7. An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review at the time of the preliminary plat application (within 30 days of preliminary plat application). Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within 30 days of release of the final plat. 8. A Construction Management Plan and Agreement is required that addresses general i i Preliminary Site Plan Review Memo—France Avenue Business Center 4 Page 2 of 5 April 20,2012 construction activities and management provisions,traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions,tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions,temporary parking provisions, overall site condition provisions and non- compliance provisions. A$5,000 deposit will be required as part of the non-compliance provision. 9. A Subdivision Agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 10. A 10-ft drainage and utility easement must be dedicated on the plat around the entire perimeter of the site. 11. A drainage and utility easement encompassing all storm water treatment facilities must be dedicated on the plat. 12. Provide the City with a trail easement for the proposed trail.The trail must include the full width of the trail plus a minimum unencumbered area of 3-feet on each side of the trail. 13. An overall utility facilities easement agreement is required that will provide the City perpetual accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site. This easement agreement also includes private inspection,maintenance and reporting responsibilities and must be executed prior to issuance of building and land alteration permits. 14. The applicant is responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies. Easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 15. Private site appurtenances (e.g. light poles, signs, etc.)must not encroach on public easement areas. Fo r ap purtenances P urtenances that provide adequate setback and will not have any direct impact on the public elements within the easement area as allowed and approved by the City will require an Encroachment Agreement. 16. The downstream private storm sewer system that outlets the proposed pond falls on Mn/DOT right-of-way.The developer must obtain the necessary permit, easement or agreement from Mn/DOT that allows this encroachment and provide a copy to the City. General Items: 17. The proposed plat is located adjacent to Minnesota Department of Transportation (Mn/DOT)highway right-of-way. Minnesota Statutes require that the City submit the plat to the Department of Transportation for written comments and recommendations. All Mn/DOT comments will be conditions of approval. 18. The civil plans must be certified by a licensed engineer in the state of Minnesota. 19. This development is required to be reviewed by the Shingle Creek Watershed Management Commission. All City and Watershed storm drainage,treatment and infiltration standards are required to be met. 20. All storm drainage hydraulic and hydrology calculations pertaining to the required treatment standards must be based on the current existing conditions as it is today—not previous site conditions.The drainage plan submitted as part of this application must be revised and updated to include these current existing conditions—not previous existing conditions.Provide geotechnical soil parameters and soil infiltration rates for soils located in the immediate area of any proposed infiltration basin. These items must be provided for evaluation. Preliminary Site Plan Review Memo—France Avenue Business Center 4 Page 3 of 5 April 20, 2012 21. All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center's standard specifications and details.The City's standard details must be included in the final site plans. 22. A general project phasing and sequencing plan must be provided for the development. 23. During construction of the site improvements and until the permanent turf and plantings are established,the developer will be required to reimburse the City for the administration and engineering inspection efforts. 24.Upon project completion,the applicant must submit an as-built survey of the property, improvements and utility service lines and structures, and provide certified record drawings for any associated private and/or public improvements prior to issuance of the certificate of occupancy. The survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 25. Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion,the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as- built drawings. 26. Identify, show and label all removals on applicable plan sheets. 27. The SWPPP plan sheets must include the following: a. Interim and final Best Management Practices(BMP) devices in accordance with MPCA guidelines and requirements for the size of the site. b. Provide a detail for a rock construction entrance. c. Provide details for all SWPPP BMP devices. d. All SWPPP BMPs must be installed by the Developer and inspected by the City prior to any disturbance of the property. e. Provide and list a SWPPP inspector/manager with contact information that must be available within 4-hrs notification to respond to and implement SWPPP related corrective measures. f. All inlet protection devices must have overflow protection. g. The developer must send digital (PDF) copies of required SWPPP inspection reports to the Engineering department within 12 hours of completion of the required inspection events. h. A more detailed SWPPP is required that includes interim BMP devices and measures throughout the site including temporary sediment basins, etc. and designed to meet the MPCA NPDES permit requirements. L BMP provisions for a vehicle wash-off point must be incorporated into the plan and implemented should the City Engineer determine the necessity. j. Silt fence must be installed around the entire perimeter of the site. k. Show and label water course with flow arrows and label ultimate site discharge point(s). 1. Define and show an exclusive SWPPP containment boundary that identifies a sediment and erosion limit that must not be exceeded. If exceeded, all work will cease until corrective measures have been implemented and the issues have been remediated. m. Street sweeping must occur as needed, on a daily basis and/or as directed by the City Engineer as warranted. Preliminary Site Plan Review Memo—France Avenue Business Center 4 Page 4 of 5 April 20, 2012 n. Other details as necessary and applicable to the developer's specific site. i PermittinK. 28. Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 29. A City of Brooklyn Center sewer and water disconnect permit is required. 30. A City of Brooklyn Center land disturbance permit is required. 31. Minnesota Department of Health permit is required for watermain installation. 32. MPCA NPDES permit is required. 33. A MPCA sanitary sewer permit may be required. 34. A Minnesota Department of Health department permit is required for the watermain extension. 35. A Mn/DOT permit is required from the drainage division (review), for utility work and for work within Mn/DOT right-of-way. 36. Shingle Creels Watershed Management Commission (SCWMC) plan review and approval are required. 37. Other permits not listed may be required and is the responsibility of the developer to obtain and warranted. Sheet A2.1 Site Plan 38. The developer is required to construct a trail along the west side of Azelia Avenue that connects the regional trail along Lakebreeze Avenue to the cul-de-sac of Lakeside Avenue. The proposed trail must be at least 10' wide with a 5 foot wide boulevard and must be constructed as part of this project. 39. Designate appropriate design vehicle and provide vehicle turning movements for vehicles through the points of ingress/egress and throughout the site to/from delivery locations. 40. The entire perimeter parking and drive aisle area must be constructed with B612 curb and gutter. 41. Provide typical sections for road removals and repairs on Azelia and Lakebreeze Avenues. 42. Provide concrete driveway aprons at access points to Lakebreeze Avenue (use City standard details). 43. Provide typical sections for paving, concrete work, curb and gutter, concrete aprons etc. Sheet C 1.01 Grading Plan 44. Provide a typical cross section for the infiltration basin. 45. Define the purpose and functionality of the"wet forebay" design prior to the proposed infiltration basin. 46. Provide ultimate pond emergency overflow with appropriate erosion control details. 47. Evaluate the condition of the existing wood retaining wall along Azelia Avenue and provide plans and details and for any needed replacements or improvements. 48. Provide rip rap or other appropriate erosion control element behind the curb at indicated emergency over flow locations. Sheet C2.01 Utility Plan 49. Provide large note indicating"All proposed and existing utilities contained within this site are PRIVATE". 50. All utility connections to City utilities must be inspected by City staff. I Preliminary Site Plan Review Memo—France Avenue Business Center 4 Page 5 of 5 April 20, 2012 51. Install new gate valves and Packaged Magnesium Anodes at all watermain connection points. 52.Provide profile plan,profile and connection details for all proposed utility segments within public right-of-way. 53. Operation and maintenance manuals are required to be provided for all proposed, permanent storm water treatment facilities. 54. Provide pretreatment prior to all storm water treatment facilities. 55. Remove any unused existing water or sanitary services to the site at the City trunk line. 56. At the proposed wet tap location within Lakebreeze Avenue in the northeast of the site, both services and Tees in the City trunk line must be removed and replaced with new pipe and a single Tee, eliminating the need for a wet tap. 57. Provide a new Tee in lieu of the proposed wet tap for the water service located within France Avenue if the existing 6-inch water service is deficient and cannot be used. 58. Show the water connection detail (Tap or Tee) located on Azelia Lane. 59. Provide details and confirm that a utility conflict check for all water/sewer crossings has been performed. 60. Maintain a minimum of 18"of clearance between the watermain and any sewer at all crossings. 61. Provide plan and details for pond skimming device at outlet of pond. 62. The downstream private storm sewer system that outlets the proposed pond discharges onto Mn/DOT right-of-way.The Developer must confirm with Mn/DOT and provide confirmation of approval to the City that the downstream system is capable of accepting this discharge and is allowable by Mn/DOT. Sheet L1.01 Landsca ep Plan 63. Provide irrigation for the entire site. 64. Provide and show plan details and locations for tree protection. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review.The Preliminary Site Plan must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the preliminary plat, final plat and final site plans may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading and geometric design as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. Former Lifetime Fitness Site (4001 Lakebreeze Avenue) 4T L. tiT 413 V 3 Flu ! U ° ( � ' r - i °f C r.t... ` ...: ;f! �, 1• r t r� a r.`� I f t• r��Tyri lift-�.it iti�u+r�. N Lifetime Site = 7.39 acres 0 60 120 240 360 480 Feet Iy ';v`Fr ' �.,�.;.� !� � I- rl�,l'.�.�. „' � +�� / ��. Att � i -"=,Ire'I ••r 'LglA9 /':9a �;- � -1 I 'I�IF�r�I rX -i'A11�'�`--••-r;,---=''�rl�i � ,�: , nr i 1 I 5� t / ryry� L/ r•"'-'� � ��i,l l �' � - ) •;. - ... '__1 I r'" 4 AA77,A 'a .wrM' I ".' Ir? I r� /,. :,I > 1 I�� �•�'' / *l (Y 'a� , I _ ,,N•'.IA 1 -• _ ha"`7, v Y9,`;it a I� `— / r ut Phase -� 1rL„_."'1".._'� - (Wagner Spray/Supply Tech.) i \ r S lF y c� nn f.. f: I I� ;, 1 �I �''. �,t,I I AAAii ,r/ < f, r \. I .1-.I 'I;a G i9'733n Ai;T =,a` , -,,1 Il t ,-,fie• \ % /• Ir� Af -fir / �: SF A917a51941 ��. .1 y �f �I �I �•I''- :�-4�11�1-�-,.u_y:~^_'-��_. �- _ A�(,•'�.e'/ f •lift�' - �. r �� Phase II - �f II,(Toro/Baker Furn. --- - - � r', /',.- :: �� 'z �.•. act, L.(, �9 � -�L --'- I��-• III ,�i;c� -� . F- 77.4� � _�� Phase III " -� r� _ (Caribou Coffee) ry+u II �_ - I ��`..f��-i �� "'!C -. � -y ���k� I 9 a91t;v A;;939 A i 09,;9 i a;fOA a I a_SAtieFcpYrC9flii'r�-I I ^_, ,�I �L�`A' r!� ��' �� 1��� - _` - A•-r°l.. �_L ' r.�iM_ a.d-:..•,11111, .,..i' Irl. I ( 71N ,�'�( fA,1 j��9aA1ii3d��94�,g�9a9d3 9AP� {' A f /` e•ee�e~��,�/ l `--LAKE BREEZE AVB, _ ���'n '� �� � -_--- --•_r_._-- --- � ..arJl ,i�!`�e - 's.: ,L�ar',1 �" 1!•' . .�1`.� l' ,�ayJ.I it oft MnDOT It IIII 1 I r. P ) „ ormer ` PROPERTY INFO 11, .� 1 �''"�� � 1I i � ��., Northwest Alhlellc Club ii .1 11" , W�� _; Y a site I •' AREA:Northwest Athletic Parcel= 7.4 acres \Z R1� j'� - MnDOT(excess)Parcel=1.27 acres t1 J T� � L_T�'rV- �E..'JL �uf�L !' _ ZONING:C-2 Commerce I-+AI JII�.E AVE 1� -r ADDRESS: 4001 Lakebreeze Avenue North � PID:11-011-82-13-10-029 3 I OWNER: LTF Real Estate Company,Inc. I] 2902 Corporate PI \` !�• "I w.. _ ..A,,. p ✓- •- "n - Chanhassen,MN 55317 - Q i 0 100 200 400 600 n Feet ------- - --- - - - - so - - - ------ PARCEL2: �? ! I Parcel 2: Nor-exclusive parking e-srinent. --- --- - - - - ---- - Addition,Hennepin County,Minneso Restrictions recorded as Document ------------------------ Declaration recorded as Document ------ VA". Amendment to Declaration of Cove '.T is S 7194299,all In the cl office of Count U ------r Hennepin County.Minnesota. [TRJ1Tff,,1 I 14-go-o A 1.3h.1,01 "I T u h J IS --------- I (Abstract property) "a @ a_, UNE 1__ -Im Are. x. Ulu I i­@.1.1.,a,P-G­- j 'T Ulu L Legal do.cri lion token from First rur 2`0 oF NCS-492495P-PAPILS,effective dote T 34 P RI A' STATEMENT OF ENCR T inu 'A'S _w ALK AND TRAIL EAS'/AT Due.FO.5027M RT.1 F.-.]..g......most sel.dy p 53.7,' IN of a-e,1A 11� D. �'D,' -a's Al DOC.NO,7803420-..-, unko-) 44. L-tiocAl-4;1�7= 4 SDE1 U!L= S rc QGUEr i-sT;'US -4- riss'El R-to I nc,00,h,,onto th,d sr­a, a, Aal, ahoem a, ddtpl,L F'a'o.Ch"' of PCMrIg onto the p, of sn.1 P-a­an Hot.Thera 1.enough pace to..the pr, _.b�TF .tb,tk fthout loosing Ing ely POAL'g So- 74142 -,all a-,/ I area-1.-..ax1cs It, If n,.-.,y In order to Ply',,Ith the 0. T. "n-- "-GSrE.��E­ a =A pa,tion of the a nuf b) cun, - 5 is ant deesa.d,in Forest 2 1, rds,a, 1A­-19 1, 8.27G" Z­ E N 11. 'BG IIV-114.1 U_of ­53G :55S 803.58C M C.B.-11713 -8-869.a7- ---L g �-ms� ���j XID NV BGj INV 866.9 'V ' 11��Z� -A I&P21 - - -I - -i-I - De, 4.72C GENERAL NOTES: C.B. is 1.Thal b-fin,system used 1.--d. 12G 4e N""V Z The Wcall-of 0,v underground utilikkao NE 11111-B(H5.4 __;)Z4 INV-86/35 las ­­1 S. M 5 216D CONTACT GOPHER STATE ONE CALL A _Ts --- S:a------- 'tEr------- .8 RIM=857.43 a, .1'2G CB.__ 1�1,bje,l or* ij�sld.rlil.d as lain in N IfV-842.0 INV-1154.8 RiIA-858.01 'S' z 2 053CO212E. free dote S.,t..b., INV-1354. ---852.8 .3 INV.=8614 _Z­ xs A-�,Qtq H.H.M t!'- 1­771 R)' 4.The-ye,..,net provided Ith­L E-W INIZ-553.7 it V-859 8 87f 5 INV=554.1 'r, I I "PI 50 25 0 50 100 130 yq� IIIA, 1.13U-AT 1.E/OF SURVEY, c, 94 5.Sit.area 321,465 square feet-7.39 IN FEET 6.Parcel 1:There are.total or 0'tulpd CPU, "-PROTECTED X_wl SCALE 1,,,ndl,,p. T'.'�� Cah'.. ­862- 0 .. 2--There are.told of 167 striped SCALE: 1 INCH 50 FEET ".95 dl,ap. X" 72 7.AM feel rn-u-s.t,matched econds, 2k7l `U` V1, C.B. LOT 41."1111-1117 a This survey- Its an the g-d on far Land Tiu.Su_;as adopted by ALTA v., 865.5X X865.4 9.in P,cp. y I he,,nelfi,cl up reu-cs fs� 2, Zli, au an be In, -bey N.F-s"a _N/A I 75.56C ""In'fid, 4 2496-MPM T .......a--,Eh-AhCE RAMP recoud.d d...lipti.r.Is g.p,op,rty and ou %'P & IT, NUBUIILDIING� E____ OWNER:PUBUC'nb<T OF Y ID.EI ath-datum 1,based on data bi, Al B,nhm-k-MNDOT GSD Station 111 81612. ON SITE 73.9 France Ave.Bridge HIgh,say loo 'c,- t 'a - ,a NOTES CORRESPONDING TO SCHEDULE B: To,at Monument -851159 IA1 HSJ9 s'ahm-k b top of'ati located as shi 7G @ E-mental for&.1rog.and uWlty p.,pa­as shown an the recorded plot of Tennis Acres Elmtion 85209 T,vo,,d,d as Document No.15B4714 In the offt,of the R,gIAur of True,(A.to Parcel 1). AS t1?4 ON SURVEY 29 It Easements EA s enl.to,dn.1-p and.1111y pu,,.- , he-an UI.recorded plot of D.I.and D.N11 I a,11,e,cad of [Us. atf wo,ted!us ,'.dented by the I? by , 0 as Document It,'2 340730"Y Re gi'br"of tX 33� 1 >001.5 office 21�4604 In the Z' .,d.-, :Zd*'aI"1.-br,'1a'!'199 1 the .of '663,6X TU.,;and.1-b Ordinance.recanted D"_bs'is,2005 as Document No.U" a M office by the THU­(As is Pwad 1).DEDICATED AND REDEDICATED EASEMENTS ARE 5\ �,of the R.9i SHOWN ON SURVEY(as to P.-I 1) ct� lf� E-emw1a,far cbob,g,and Uflty pu,po..a as shown-the...ordeal plot of Date and Do%Iss O No.Add�llar,Pad].Ily,waled by the Brooklyn Cents'City C.-cu....0d.rcod by the CdIn.- qG ad No be,5,1999 .Been, N 7211399 In -85Z 3< EA I J-- c a"'I'd October 11 1999,recorded deal ,m SHOWN ON Ulont ( , 1 the the County Recorder.(M to Poncd 2).AS S 85 edE,ea-ts for choT-90 and UtElty P I osh- a the recorded plot of Joslyn S...rd =- r-N/A xt? Man r-ded!Caleb.,5,2000 as Do .7364325 1,the office of the County -858- a STORM M.H. 611 Rec.,d,,.(M to Parcel 2).AS SHOWN ON SURVEY O. Sp, S INV-853.9 \G)1'�`SX,EAs 57 EILEV-557.1 TqV to state Hl,h..y it. 100 acquired by and I,f, ,of the State of OE forth In the Fund Certificate,doled November 22,1954.rece,d.el M.,cl,3,1955 as x 2"'In 2035 of Deed page 7 In the ffla.of the Co..ty Recorder, A Document to) In certificate r title,(A's 1, 1 WER /a POLE 'I LTA LAND T1 \ and'. .'bl",Li":n c cnat'i' all Pence],).RIGHT OF WAY LINE DESCRIBED 0L B "'v CYC K /�\86 1 SHOWN ON SURVEY. r 5 I.T.-,.candilion,boag.-I,r.slollien,.11,119,ati­pro,ii...and an �,!.1,e fo m con If Easement Ag,,,m,,t a,Entry- Parking, October 28,1987. al dh.te� '0 recorded November 16,1987,as Document N,.5347022 In the office of the County Recorder.(As S' '5) 5, EASEMENT FOR ELECTRIC UNES PER to P,­I 2).A REAL ESTATE �OP \ I -NO.3671709&T4753172 VAILABLE PAR.�NG SHOWN 014 SURVEY. -X Z To-,­dltians,-sn. Wail—obtig.tia.3,poA31o.3 and non-clush, easement,contained In A,,rs­t a.,Sid...Ik/Tral M'Irl'Yna.zd U.1,1111,' Recorder.(AS x5 dated AprD B.I EI *'I Bg as 0a cum­1 He.5402735 In . fl.of the'C_t, SITE.4001 LAKE BREI e' SHOWN ON SURVEY. BROOKLYN CENI tary s la �OF"F.E'�S n1"- i" ,,,1111 1*,,.�s, ill,any Incident right.,in f­ enter,a.contained Ec..m C­t and Main'._a Agreement, _8S'_ A! TTOM ELE1 E. a Ic,1_. xa xs55.5 d,th.11d Ue Ali, IOU co Cld.dl May 3, as Document No.5402735 In the office of the County 11988 as]2).SHOWN 0! SURVEY. a, (Al .beet pa pease,toga her wnn mr malamtal contained In Al I.Street t E-mant Agreement,to"'I"City of B,2C 1.doled August 21.200Z as 02 1, n ent No.7803420 In the ffl.e of the County Record.,(As to 7 • Property Monument LEGEND �:P recorded August SHO'AN ON E Overhead Electric Ps-I 2). URVEY. Underground Electric 8j S.ritery S'W, .'Ts­,conl i lions,..-M, .,Italian, .,.none and Provisions contained n he Pa'..(ion a C­n,nts and Restrictions.dated November 23,1987.recorded December Z 1987. as Document Na 5353238 In the office al the County Recorder,as am dad by the C­"- Underground Telephone an.doled I ....r, .,a I aum.nl No.6708468 In h.as amended Gas R.ffla. f R...Is" by C.I.Arnandzt.t.1).1...ton of C-lo.ts and ca i As doled gu 17, a.,d.d less,7. Document He.7194299 In Ih. F,, offl"oif0th,C­ Recorder,as N,ths,amended by the Amended Convent of Owner of Benefited O(E Buildi Seib 0 '-s"County a).t.be,28,1999,recorded May hn..of Me X1 11%73°4403 In 0 C Lch the County Record-Th.,dea-eri.are Heed the et1fle.te of 0 ton..(M to of P.-I.).SHOWN ON SURVEY. 0 C= CERTIFICATION: I., Menthol. Easement to,'""s P'T'se"ll.ffis' Iffi any Incidental rights,In A,-of the City of To RER AcquIsItio-ULC;LTF Real Estate Ca B _14wn Manhole 9..Myn Csnts�as contained In the Agree m ant for Maintenance and Inspection of Utility and In-as C-p-In HIGHWAY Wurn '."'­Tr.IsphOr.?,I.Rh.le se.&V'.tnag,,Syt.­,dated Catch.,20.2000.recorded November .2000 as D.__'Ne. Telephone Box 73BO076 in the flee f the Count Recorder.(A,to Purest 2).PROPERTY DESCRIBED SHOWN ON Thl,I.to certify that this map or plot and If Light Pole SURVEY As AREA N.OF LVE8REEZ'E AVE IN LOT 1.BLOCK 1.JOSLYN DID ADD. a fth thot2D.,,MlnIm m Stand Poo, dl,,'Igl 191N..I, Land Us S.-y,.)a�lys). bleh,d and., s Pole E..,,- -.1-1..1111. Id...11 and 11.2 PuT.se%t,g,1Jn,, IU,any In,] 0 Items 1.Z 3,4,B(b),7( 7(bi),8,9,Ill Hydrant uver the City of Brooklyn Center,as cont,tned!In the Easements.dated!May 19,, 0 am , \_rEs to ­k­1 Pis d an July 17,2011. INV.ELEV­ 1 0 Gale Valve recorded June 20,2000 as Document No.7315767 in the office of the Co..ty Recorder. P.... 2).AS SHOWN ON SURVEY 0 Guard Post M Electric Box Ea samant"seat". together IUh any Incidental rights,In I-of Cone re u- Minna'to cara-ti.r,as contained In the .1 .1-17 2n03.rive Document Ne. „ 10 r d EASTI;iG TREES TO REINJN •��\ I d EASMG TREES TO BE PEYO,TD - h AS REOVNED BY CONSTRUCTION - Z 1 I +' CONCRETE SO SIM OF EI N.,PAMAAY y YEP.'Ft LOWION jU I `i SEE PLAT �I I\ ? Svb6 CK DRIVE IN DOORS t0 to \ mw FIDE or C,,SPACE BUFFER O I < a FFON BACK OF CUPS FUNRE 10'-0•N10E BIMNNOUS IW:L PROPOSED OFFICE/ BY NEE10 I i IsV-0' _ WAREHOUSE ��\ I 90,000 sq.ft.GROSS AREA TRUCK COURT —5 / J xi •,� 19 17 �PNOPOSEO T VA2YlCE EEECTRCOC—.—V S 10 1�LFf LOCATION T / tY M— TREES 0.HD PORTION OF / (-pp RET-JiG MALL TO RE-N ) POLE - 13 IS RETENTION POND /J REFFA TO C`&.0 WASCAPE - PWR I6 DRIVE IN DOORS / I —E 10•-0•HIDE fNTJ-WS—1 � BY OMERS f0 I LARGE I\ L-Po POLE N � SITE PLAN sCrLE 1•�Yo'-a' SITE DATA NOTE ZONING: C-2.PFZO.SE SIE TO 1-1 LOCAN N OF ROOFTOP VEMNICAL EC TO BE OETEPN'1<- AS TF1LtYT— CONSTRUCTION TYPE: 6-0 ALL TIASH COILECF0N TO BE LNSOE OCCUPANCY CLABS: Qf E S%.MENOUSiE 95R E%TERNR 1FASH ENROSURE H.LL BE NO TFANS[T STOPS,PHONE BOOMS,0 SITE AREA T.6D. WE PLANNED THENE HU-BE 110 STWCTURE ENCRO BUILDNG AREk- SO-sF. AREATiAYS,BALCO.NES.DOOR 5w"NOB. OF MAT. PARKING REOUIRE6!ENTS: 0"'CE 23 I YW200 U. 1RERE wLL BE NO S11E WALLS,5CREI d'O'D+O,bE HSA 95%(65,500 SF.) 1 5141/6p3 SF.N FACES v vm SF. 107 BUEDOIG-NOUIREO Lplff{1xNFFS 5 SITE UGMING FW1 TOIAL.PEQA . 130 PARKING PROVIDED: Sm`vRD SBUS(9'-0'x 1e'-o} 254 .NB-NXESS'BIE 9 : 5 WY =6 FROOF CF PK,CIFS. 0 TOUT PROrDED: 260 BUILDING SETBACK REOUIREMFATS: N\YVY HtOtt TAO SE1B'CK SO' W4USWE YARD AEi1mNC PF9rlOENCE mma 57 v:+:luu SDE VAS¢ TU' I { { I f { GIASSaW�FE31ntd 'OO�Zm 1 ALINE NALL PPAEISSL9AiED PPEGSf ta'. EIE f f I I I i I I 1 n4cawttr eRacex CPA�aaro i I i �. 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MME =M"""Y" Y 11 O—Z P I Commissioner Burfeind introduced the following resolution and moved its adoption 3 PLANNING COMMISSION RESOLUTION NO. 2012-08 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-002 SUBMITTED BY PAUL HYDE OF REAL ESTATE RECYCLING, LLC, FOR APPROVAL OF THE DEVELOPMENT/SITE AND BUILDING PLAN IN RELATION TO THE NEW PLANNED UNIT DEVELOPMENT ON THE SUBJECT SITE IDENTIFIED AS 4001 LAKEBREEZE AVENUE V NUE NORTH WHEREAS, Planning Commission Application No. 2012-002 submitted by Paul Hyde, on behalf of Real Estate Recycling, LLC proposes rezoning a 7.39 acre site located at 4001 Lakebreeze Avenue North, along with the 1.27 acre MnDOT excess right-of-way parcel adjacent to and immediately east of the subject property(collectively identified as the "Subject Site"), from C2 (Commerce) to a new PUD-Mixed C2/I-1 (Planned Unit Development — Mixed Commerce and Industrial Park), and WHEREAS, the proposal comprehends the rezoning of the above mentioned property to facilitate the planned and future redevelopment of the Subject Site with a new 90,000 sq. ft. office/industrial/warehouse facility on said site; and WHEREAS, the Planning Commission held a duly called public hearing on April 12, 2012, whereby a planning staff report was presented and public testimony regarding the PUD- Mixed rezoning and a preliminary or concept development plan were received and reviewed, and WHEREAS, the Planning Commission considered the rezoning request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the C2 (Commerce) and 1-1 (Industrial Park) Zoning District standards contained in Sections 35-322 and 35-330 of the City's Zoning Ordinance, and the City's Comprehensive Plan, and subsequently adopted Planning Commission Resolution No. 2012-04 which provided a favorable recommendation to this PUD rezoning only, and elected to table consideration of the final Development/Site and Building Plan to the April 26, 2012 meeting; and WHEREAS, on April 26, 2012, the Planning Commission reconsidered the same Application No. 2012-002, and reviewed and received a planning report on the proposed new Development/Site and Building Plans, in conjunction with the proposed new Planned Unit Development of the Subject Site, which plan provides for the construction of a new 90,000 sq. ft. office/manufacturing/warehouse facility, parking lot and truck court loading area, along with site lighting, landscaping and screening measures; and WHEREAS, the Planning Commission finds that the Development/Site and Building plans are consistent with the General Development Plans of the overall France Avenue PC RESOLUTION NO. 2012-08 Business Center 4 Planned Unit Development. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that the Development/Site and Building Plan element of the proposed Planned Unit Development submitted under Application No. 2012-02 by Paul Hyde of Real Estate Recycling, LLC, be approved based upon the following considerations: 1. The Development/Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; 2. The Development/Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Site, will facilitate the redevelopment and improvement of this site, 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 imp;rovements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards, in particular the incorporation of the 100 ft. and 50 ft. buffer requirements where commercial/industrial uses abut residential zoned property at a property line and a street line respectively; 4. The Development/Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; 5. The Development/Site and Building Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community; and 6. Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35-230 (Plan Approval) and a Development Plan as contained in Section 35-355 (Planned Unit Development) of the City's Zoning Ordinance are met and the site proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooldyn Center to recommend to the City Council that Application No. 2012-002 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The buildings are to be equipped with an automatic fire extinguishing systems to meet 2 of 5 i PC RESOLUTION NO. 2012-08 NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 3. The location or placement of all fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Chief. 4. Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 5. The Developer shall submit a site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 6. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all final signs on this site, including any new freestanding, wall (building) signs and directional signs, which all shall remain subject to Chapter 34 of the city ordinances, and subject to separate sign permit submittals and approval. 9. B-612 curb and gutter shall be provided around all parking and driving areas. 10. The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 12. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13. Upon the transfer of the adjacent State of Minnesota/MnDOT parcel from the City to the Developer, he shall at his earliest convenience apply for separate and full subdivision applications consideration (preliminary plat and final plat approvals) to combine the two parcels under this PUD into one single platted lot of record. 14. The Developer shall provide and dedicate all necessary easements as required by the City Engineer, including the trail easement along the westerly boundary line, either on 3 of 5 1 PC RESOLUTION NO. 2012-08 the new plat or by separate recordable document/agreements. 15. The Developer shall replace any existing significant trees noted to be saved on the Landscape Plans (Sheet L1.01) that may become damaged or removed as a direct result of construction on this site. 16. The Developer shall provide an identifiable, central walkway .corridor in the east parking lot to accommodate pedestrians to maneuver safely through the parking lot. 17. The 8-foot high screening fence along the westerly buffer strip shall be revised to a maintenance free type material (unless recommended otherwise by the Planning Commission), and final style and located approved by the City Business and Development Director. 18. The owner of the property shall enter into an utilities and facilities maintenance agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 19. Storm water drainage systems shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of any permits. 20. The Developer shall provide the City with assurances that a future remediation and clean-up plan to remove hazardous substances (such as the asbestos) and semi-volatile pollutants that present a threat to public health or the environment, is acceptable with Minnesota Pollution Control Agency standards and all other Federal, State, and/or County agency standards prior to the issuance of building permits. 21. Approval of this Planned Unit Development acknowledges the PUD-MIXED C2/I-1 underlying zoning district as authorizing allowable used generally within this development site. This site, however, may not be used as an "adult establishment" as indicated in Section 35-330, Subdivision la, 13 of the City Code. Such uses are specifically prohibited within this Planned Unit Development. 22. The owner shall enter into a PUD Agreement and/or Declaration of Covenants and Restrictions Agreement with the City of Brooklyn Center to be prepared and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific standards and regulations provided by the underlying PUD-MIXED C2/I-1 zoning district, as well as all other conditions of approval. This agreement shall further assure compliance with the development/site plans submitted with this application. 23. Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. 4 of 5 i PC RESOLUTION NO. 2012-08 April 26, 2012 i Date W'hair ATTEST: Secretary 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 Pro Tem Kuykendall, Commissioners Burfeind,Leino and Schonning and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 5 of 5 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 26, 2012 ROLL CALL Chair Pro Tem Kara Kuykendall, Commissioners Scott Burfeind, Stan Leino, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Bud Sorenson and Gail Ebert, Park & Recreation Commission, Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Carlos Morgan, Michael Parks and Sean Rahn were absent and excused. PRESENTATION— SHINGLE CREEK/WEST MISSISSIPPI WATERSHED DISTRICT Mr. Benetti introduced Steve Lillehaug, Public Works Director, who provided a presentation on the upcoming 3rd Generation Plan. He explained that watersheds are drainage areas that have an impact on other bodies of water downstream. He added that waters are managed to restore and maintain the chemical, physical and biological integrity of the nation's water ways and the adoption of the Clean Water Act assures waters are clean enough to swim and fish safely. Mr. Lillehaug described the watershed districts and the areas they cover and how they operate. He explained that the Shingle Creek /West Mississippi Watershed District is comprised of ten cities and the two Watersheds choose to be a joint powers form to retain local control governed by citizens and not create a new layer of government with taxing authority. • 1st generation plan focused on controlling amount of storm water run-off(1990-2002) • 2nd generation plan focused on water quality, education and outreach(2003-2012) • 3rd generation plan will focus on implementation and achieving desired outcomes to a higher level than we already have (2013-2022) Mr. Lillehaug stated that after studies on the water quality, many of the waters and streams in the area are impaired with various pollutants. He added that the Watershed has received grant money to improve issues identified to improve the water quality and maintain water resources and they are inviting input from the Commission members and residents who have volunteered to serve as the City's Citizen Advisory Committee to the Watersheds. Mr. Lillehaug pointed out some of the goals the Watershed Commission has identified are continue to control the amount of runoff to prevent flooding, increase summer flows in Shingle and Bass Creeks, improve water clarity in lakes, complete stream improvements on 30% of the length of Shingle Creek, increase infiltration to restore groundwater, protect existing wetlands, improve functions and values of wetlands where possible. Mr. Lillehaug pointed out steps to implementation: • Decrease stormwater runoff and improve water quality by adding more stormwater 4-26-12 Page 1 i ponds, rain gardens, swales, native vegetation and other practices. • Restore the banks and channel of Shingle Creek and other small streams to make them more stable and natural. • Continue to monitor our water resources to see if they are getting better and make sure they are not getting worse. • Continue providing education and outreach to school groups, associations, city councils and commissions,residents and developers. • Continue to research ways to improve water quality and aquatic life. • Where possible, improve wetlands and increase infiltration to replenish groundwater. Ms. Ebert stated she has noticed that the water level of Palmer Lake has dropped and there is less water and more marshy areas. Mr. Lillehaug replied that they don't plan on adjusting the level of water in Palmer Lake and it may be caused by natural changes. Stan Leino arrived at 7:57 p.m. CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tem Kuykendall at 7:58 p.m. APPROVAL OF MINUTES—APRIL 12 2012 There was a motion by Commissioner Burfeind, seconded by Chair Pro Tem Kuykendall , to approve the minutes of the April 12, 2012 meeting as submitted. The motion passed. Commissioners Leino and Schonning abstained since they were not at the meeting. CHAIR'S EXPLANATION Chair Pro Tem Kuykendall 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. 2012-006 LOREN VAN DER SLIK/GATLIN DEVELOPMENT Chair Pro Tem Kuykendall introduced Application No. 2012-006, a request for preliminary plat and site and building plan approval related to the former Brookdale Mall Food Court building, now part of the new Shingle Creek Crossing PUD, located at 1300 Shingle Creek Crossing. (See Planning Commission Information Sheet dated 4-26-12 for Application No. 2012-006.) Mr. Benetti explained that this application is an updated PUD Amendment for a proposed Preliminary Plat for "Shingle Creek Crossing 2"d Additions" as well as Site and Building plans for the remodeling and separation of the former Brookdale Mall's food court building from the Sear's store. He further summarized that this Amendment was reviewed by the Planning Commission on July 14, 2011 and tabled until the August 25, 2011 meeting when it was considered and approved for recommendation to the City Council. The City Council adopted Resolution No. 2011-127 on September 12, 2011which approved the application. He added that 4-26-12 Page 2 Gatlin Development is nwt proceeding with plans to modify and improve the food court building under this PUD redevelopment. Mr. Benetti then explained to the Commission that the tight time line for notices and mailings, did not allow adequate time for all the necessary reviews and staff is , therefore, recommending that the Commission open the public hearing and then table this item until May17, 2012. Commissioner Leino inquired about the separation between the Sears building. Mr. Benetti responded that the area is city street width and length and will accommodate two-way traffic. He added that the developer anticipates this to be low traffic area but will allow people a second way to move around on the site. PUBLIC HEARING—APPLICATION NO. 2012-006 There was a motion by Commissioner Leino, seconded by Commissioner Burfeind, to open the public hearing on Application No. 2012-006, at 8:12 p.m. The motion passed unanimously. Chair Pro Tem Kuykendall called for comments from the public. Mr. Luke Payne of Kimley Horn and Associates stated that they are looking for approval of the prelimiary plat and site and building plan approval, and as staff indicated, the plan is in order according to the Master Plan PUD previously approved. Commissioner Burfeind asked Mr. Payne about the possibility of establishing ADA compliant handicap ramp on the side walk area. Mr. Payne responded that the plan will show appropriate handicap parking spaces and a ramp along the sidewalk. Commissioner Burfeind asked for clarification on the history of the drive areas onto the site. Mr. Payne replied that the change occurred to attain enhancements in the park and drive area. CONTINUE PUBLIC HEARING There was a motion by Commissioner Leino, seconded by Commissioner Burfeind, to continue the public hearing on Application No. 2012-006, until May 17, 2012. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. ACTION TO RECOMMEND TABLING OF PLANNING COMMISSION APPLICATION NO. 2012-006 SUBMITTED BY LOREN VAN DER SLIK FOR GATLIN DEVELOPMENT FOR PRELIMINARY PLAT AND SITE AND BUILDING PLAN APPROVAL There was a motion by Commissioner Leino, seconded by Commissioner Schonning, to table Planning Commission Application No. 2012-006. Voting in favor: Chair Pro Tern Kuykendall, Commissioners Burfeind, Leino, and Schonning And the following voted against the same: None 4-26-12 Page 3 i The motion passed unanimously. The Planning Commission will continue the public hearing for Planning Commission Application.No. 2012-006 at their May 17,2012 meeting. APPLICATION NO. 2012-002 PAUL HYDE (REAL ESTATE RECYCLING) Chair Pro Tem Kuykendall introduced Application No. 2012-002, a request for site and building/development plan approval for a new 90,000 sq. ft. office/manufacturing/warehouse facility located at 4001 Lakebreeze Avenue North. Mr. Benetti presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 4-26-12 for Application No. 2012-002.) Mr. Benetti reviewed that the rezoning of this PUD application was reviewed by the Planning Commission at their April 12, 2012 meeting has been forwarded to the City Council for a first reading and to set a second public hearing/second reading for May 14, 2012. Mr. Benetti described the layout of the new site which will include two new driveways with one serving the large truck court to the west and the other serving as a main entry to the east. He added that the access point off Lakebreeze Avenue will be closed and Azelia Avenue will not be used to provide any access to the site. Commissioner Leino asked about the presence of petroleum pipelines in the site. Mr. Hyde replied that pollution on the site is a result of filling from highway construction and there are petroleum impacts from old pieces of highway/roadways left on the site. Mr. Hyde also responded to earlier comments regarding who takes ownership of clean up on the site due to the pollutants and contaminants found on the site. Mr. Hyde stated that when a grant for clean-up is applied for, paperwork is also filed with the Attorney General who can legally pursue the previous owner for financial responsibility to clean-up the site. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2012-08 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-002 SUBMITTED BY PAUL HYDE OF REAL ESTATE RECYCLING LLC FOR THE DEVELOPMENT/SITE AND BUILDING PLAN IN RELATION TO THE NEW PLANNED UNIT DEVELOPMENT ON THE SUBJECT SITE IDENTIFIED AS 4001 LAKEBREEZE AVENUE NORTH. There was a motion by Commissioner Burfeind, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 2012-08. Voting in favor: Chair Pro Tem Kuykendall, Commissioners Burfeind, Leino, and Schonning And the following voted against the same: None The motion passed unanimously. 4-26-12 Page 4 i The Council will consider the application at its May 14, 2012 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEM There e discussion ' her were no cussio items. OTHER BUSINESS Mr. Benetti announced to the Commission that Maranatha is having an informational meeting on May 3, 2012 to discuss with their resident revisions to the plan and the Commission is invited to attend. He also stated that the minutes from the previous Planning Commission meeting indicated that the previous public hearing was closed rather than continued. He explained that if they wish to open the meeting back up for a public hearing, a motion should be made at the May 17, 2012 meeting to continue the public hearing for additional comments. There was no other business. ADJOURNMENT There was a motion by Commissioner Leino, seconded by Commissioner Burfeind, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:55 p.m. Chair Recorded and transcribed by: Rebecca Crass I 4-26-12 Page 5 City Council Agenda Item Na 10a i I COUNCIL ITEM MEMORANDUM DATE: May 14, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk omw� *Ud_� SUBJECT: Type IV 6-Month Provisional Rental License for 4216 Lakebreeze 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 4216 Lakebreeze 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 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 37 property code violations (9.25/unit) found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building& Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase 1, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 11-21-2011 The Owner, Ita Ekah, applied for renewal of the rental dwelling license for 4216 Lakebreeze Ave N, a one building, four unit multi-family property. 12-20-2011 An initial rental inspection was conducted. 37 property code violations (9.25/unit) were cited, see attached rental criteria. 01-26-2012 A second rental inspection was conducted and passed with weather deferral items. 01-26-2012 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 01-31-2012 The previous rental license expired. 02-01-2012 A letter was sent to the owner(s)notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-10-2012 The Owner, Ita Ekah,paid delinquent utilities. 02-14-2012 A reminder letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a Mission:Ensuring an attractive,clean,safe,inclusive cominindfy that enhances the quality of life for all people rain presewes the public trust COUNCIL ITEM MEMORANDUM rental license. I.e. submit mitigation plan, completion of Phases I, 11, and III of Crime Free Housing Program, etc. 03-06-2012 A $125 Administrative Fine was issued for not submitting a mitigation plan. 03-20-2012 A $250 Administrative Fine was issued for not submitting a mitigation plan. 04-03-2012 A $500 Administrative Fine was issued for not submitting a mitigation plan. 04-10-2012 A Mitigation Plan was submitted. 04-13-2012 The Mitigation Plan was finalized. 04-18-2012 A final letter was sent to the owner(s) reminding them of all requirements still needing completion for a Type IV 6-Month Provisional Rental License, including completion of Phases 1, 1I, and III of Crime Free Housing Program, attendance at ARM meetings, etc. 04-20-2012 It was noted by City Staff that utilities were delinquent again. 04-27-2012 The Owner, Ita Ekah,paid delinquent utilities. 05-01-2012 A letter was sent to the owner notifying that the hearing before the Council will be held 05-14-2012. 05-02-2012 A $300 Citation was issued for operating a rental property without a valid rental license. If approved, after six months, a new rental license is required. The license process will begin immediately. 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 Cite Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type 1, 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 f, Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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,inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy—Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected,the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units,to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people mid presewes the public gust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria I License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I—3 Year 1-2 units 0-1 3+units 0-0.75 Type II—2 Year 1-2 units Greater than 1 but not more than 4 3+units Greater than 0.75 but not more than 15 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3+units Greater than 1.5 but not more than 3 Type IV—6 Months 1-2 units Greater than 8 3+units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide,rape, robbery, aggravated assault,burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members"as defined in the Domestic Abuse Act,Minnesota Statutes, Section 518B.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 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 34 units Greater than 1 5 or more units Greater than 0.50 Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust i 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 i I Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the duality of life for all people anti preserves the public trust City of Brookiyn Center Phone:763-569-3300 TTY711 630I Shingle Creek Parkway Fax:763-S6.9-.3360 Brooklyn Center,MN 55430-2199 www.city4brooklyncenter.org Rental License Mitigatipn)Flan—Type IV Rental License Handwritten plans will not be accepted Please type or use fellable form an City website. ^:•SIC yam:: ...: Z. _z. <. . .Y n�`, y,/,,�, T�,�• yy� y r" •'a •ni".t. 4.1vUki�'' �4 t�• o�i{ tt ;i2� :§G9n r 4�'h jj n'. tl �13fGC r YA'.aik:K4rr $4dfr :tt �wld y� I iyi:r •f'` ,V R�ppyyy.��r Vl•• 1f :•y,jj ; ] `^[yr`�f"i?ED!i,�:•C+�Fllx>' � •. .4 :�k;y':<:..i::a. .i`t:;. :.y•� reds .1,;+�' ae.�;.:v;.�, ,.f `.� .`•9. .��it3rer>ifL dei;:�` .5�1`�ttf;i�'�"'s=>i.>''.. t•. �,,Y't�, r� YL'Tidl^ [�f �•rria` :;� Based on property conditions and/or validated police nuisance incidents,the above referenced property qualifies for a Type 1V Rental License. Before your license application can be considered by the City Council, a Mitigation flan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to sure 042,91niz com lianee with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve he overall conditions and management of the property, NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this*pending license period and avoid legal.actions. Submit the following documents with the Mitigation Plan for approval: I. Crime Free Housing Program Training Certificate(if completed,if not completed,please include scheduled date in Section C_ FYI 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10th of each month(after license approval). u v e)( ✓ 1. Use written lease including Crime Free Housing Lease Addendum. 2, Conduct criminal background check for ail prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page I Type IV Mitigation Plan Rev 11-16-11 i it ' I 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed:_ or Date Course Scheduled: 0512=07 Phase 11 Ezi Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 04/09/2012 Improvements to be completed by: Phase III I will attend a minimum of 50%of the ARM meetings(two). I will attend the ARM meetings scheduled for: 05!11!1012 & 0711212012 Do these two meeting dates occur before the*Pending Tjpc IV,Lkense expiration date? 0 Yes❑No (*,See Section A)If ono,you will only be able to qualify for a Type W Dental License upon renewal. I will have no repeat code violations previously documented within the past year, Four propetties with four or more units: �1 I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Based on condition and age,estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However,items broken,worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AG 2005 Z a 2 Water Heater- 2005 Kitchen A liances- 2 o 13 o Laund Appliances- Lf-­Y-0 Exterior o o Paint/Siding,fascia,trim 2006 -Windows, 2086 r� yD -Roof -Fence -Shed r' -Garage -Driveway PA <d' mA�rrTni� R1�c cd -Sidewalks / Smoke Alarms&Carbon Monoxide Alarms 2011 2P Qthe s Implementing the following best practices may assist in the management of your property. B checking the boxes below,you agree to: 1. Check in with tenants every 30 days. ®2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-21 i 9 ±13. Evict tenants in violation of the lease and all addoodums. d. Provide lawn/snow service. d. Provide garbage service. L b. Install seoutity system. n _ - _— owned by vending Company ,f 7. Providetnaintenance service plan forapptianeae. W=0 ol•seMCe co,: 8. .l am and will remain current on payment of utility fees,taxes,assessments,fines,penalties and other financial claims due to the City. M9, Other(.); Please rend tharou0tye If the Tyke rV Rental License is approved by the City Council,the Licensee must comply whh the approved Mitigation Flan and all applicable city codes. No later than the 10'I'Of Wh calendar month,the liceosee mast submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan, T verify that aU It0brmation provided'above is true and accurate.T understand that if I do not Comply with an approved Mitigation Plan,comply with.ali applicable ordinances within the license period,or operate beyond the license eRpiration date,enforcem ent actions such as citations,formal complaint or license review may result. ITA EKAH Vvmor or Agent Name and Title(Please POO Additional Quinn or Agent slgnatnre j i, plrcabte) Date izur City flat Mililatiu t Platt ApFrmrccl fly 411111 POIiCe 1Jr�partment I Title Suiidmg Nc COMM-MM Standards T?epa3tmoM I Title _ Date page 3 ;ir• 31r- L 1 r/`r_: f�L G ;( Type.IV Mmejon plan Rev 11-16-11 City Council .Agenda Item No. lob COUNCIL ITEM MEMORANDUM DATE: May 14,2012 TO: Curt Boganey,City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6319 Perry 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 6319 Perry 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 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 15 property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve 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: 09-06-2011 The Owner,Erin Bauer, applied for renewal of the rental dwelling license for 6319 Perry Avenue N, a single family dwelling. 10-11-2011 An initial rental inspection was scheduled. Inspector did not have access to the property and sent a letter to the property owner notifying them of the rescheduled inspection date. 10-17-2011 An initial rental inspection was conducted. Fifteen property code violations were cited, see attached rental criteria. A$100 reinspection fee was charged to the property owner. 11-21-2011 A second rental inspection was conducted and failed. A $100 reinspection fee charged to the property owner. 11-30-2011 The previous rental license expired. 12-05-2011 The inspector spoke with the owner on the phone regarding the property code violations. 12-09-2011 A follow-up inspection was conducted and it was noted that several items were not completed. The property was posted as unlicensed. A$100 reinspection fee was charged to the property owner. Mission:Ensuring an attractive,clean,safe,inclusive connnunnity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 01-09-2012 A follow up rental inspection was scheduled and no one was on site to meet the inspector. 01-20-2012 A$300 Administrative Fine was issued for operating without a valid rental license. 02-06-2012 A second rental inspection was conducted and passed with weather deferral items 02-06-2012 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 02-16-2012 A$600 Administrative Fine was issued for operating without a valid rental license. 02-24-2012 $300 reinspection fees were paid by the owner. 03-06-2012 A letter was sent to the owner(s)notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain axental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-20-2012 A reminder letter was sent to the owner(s)notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases 1, II, and III of Crime Free Housing Program, etc. 04-03-2012 A$125 Administration Fine was issued for not submitting a Mitigation Plan. 04-15-2012 A Mitigation Plan was submitted by Nicholaus Bauer,the applicant's husband. 04-17-2012 The Mitigation Plan was finalized. 04-18-2012 A final letter was sent to the owner(s)reminding them of all requirements still needing completion for a Type IV 6-Month Provisional Rental License, completion of Phases 1, II, and III of Crime Free Housing Program, attendance at ARM meetings, etc. 05-02-2012 A letter was sent to the owner notifying that the hearing before the Council will be held 05-14-2012. If approved, after six months, a new rental license is required. The license process will begin immediately. 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,inclusive community that enhances the quality of life for all people anti 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 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, 11, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things,the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy—Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect,monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection.Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may,upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected,the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units,to include a minimum of 12 units, will be inspected for properties.with 16 or more units. �I Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1—3 Year 1-2 units 0-1 3±'units_; -0-0:75 Type II—2 Year 1-2 units Greater than I but not more than 4 33+units Greater than 0.75 but not.more thanl.5 Type III— I Year 1-2 units Greater than 4 but not more than 8 3_+ units Greater than 1.5 but not-MOre'than 3 Type IV—6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.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 units 00 25 5 or more units 0-0.35 Decrease 1 1-2 Greater than I but not more than 3 Category SA.'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 J-4 units.. Greater than 1 5 or more units Greater than 0.50 Mission:Ensuring an attractive,clean,safe,inclusive conannntity that enhances the quality of life for all people 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,inclusive community that enhances the quality of life for all people anal preserves the public trust City:of Brooklyn Center Phone:763-569-3.300 TTY 711 6301.5hingie Creek Parkway Fox:763-569-3360 grooklyn Center,MN 55430-2199 w—eltyafbrooklyncetitenorg Rental License Mitigation'Plan—Type IV Rental License Handwritten plans will not be aceepted,.Please type or asefillableform on City website: gtiSaa'�' O et�ld5nf I_Dcat t>8 ei2t s �, iwl 'IO�ZS B �t+JEC ©4 'xs�AZs„95'3'e)5P¢, Fin�or.11�e IWn:$S9T2+ ent A,ddress y L V rpwnerPltbne' - i Agent3'-goes F..f-i '"� z t t. �ii2rQk�'��`J5 y- i nit t;�jf7-04#- )b crdc atT agent)rhatl , i 3.cjt1{AI.L�eeNSe _.Q New Q Fteneti el Current License Expiration Date: *Pendtng_Type IV;Ltoense,Exp.I3ate: ' � ^:-?.:rn' i.,i-`i;cas.t�1, ;r• r _. ._:...?. 'ix:iticin`!1 om:currnit3Jce" Based on property conditions and/or validated police nuisance incidents,the above referenced property qualities fora Type IV Rental License. Before your license application.ean be considered by the City Council, a Mitigation Plan must be completed and reviewed by City-"staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion ofthe Iicense application process. The 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. 'lhe Mitigation Plan provides an opportunity to review property concern9 and identify possible solutions to improve the overall conditions and 'manageynent of the property. i NOTICE: Time is Running-Out--You must TAKE ACTION.IYOW in order to meet all the city ordinance. ' and Mitigation,Pt laic requirements within this*pending license period and avoid legal actions. _ �r� - - - ,�>� �+ - A,.kt 4s���-. �.�,T.,,is I.... ..i,k�J• aa+T,.,��"' �'.+!�:�..:'n;��A''.l-'_71a.^Fr"�?.r�,_If"Fi+ I,, Submit the following documents with the Mitigation Plan for approval: 1- Crime Free Housing Program Training Certificate(if completed,if not completed,please include scheduled date in Section C. 2. Copy of Lease including.Minnesota Crime Free Housing Lease Addendum 3. $ubtnit written report by 10'h of each month(after license approval)- � ' l_r,Je I i. 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. page 1 Type IV Mitigation Plan Rev 11-16-11 I I O4. Attend City approved eight hour Crime Free Housing,course. Date Course Completed: or Date Course Selicduled: t^-r u Phase II 0 lCompieto.Security Assessment and implement all security improvements recommended by the 'Brooklyn Center Police Department. Date Scheduled: May 10,2012 Improvements to be completed by: June 1 D.2012 Ali Phase III r_77�jIwill attend a-.minimum of 50%of the ARM meetings(two). i will attend the ARM meetings scheduled ror: f^°r la gt June r Do these two meeting dates occur before the-Pa U g Type IVt'e .expiration date? Q Yes M 1Vo (-See Section A)If no,you will only be able to qualify for a Type IV Rental License upon renewal. I will have:no repeat code violations previously documented within the past-year. rproperfies�wits jour or more units: I will conduct resident training annually that includes crime prevention techniques. 1 will hold regular:resident meetings. �` �• ;lE-'a_E '� �'o`ii;�-tti� _�.'�'"i'�;1.7 umd,'!- ���:- ;<trk.,.�rs,Fiil;,�e.a�: :�@ .,°�',1s, Based on condition and age,estimated replacement dates are provided for common capital items. Funding,, should=considered accordingly. However,items broken,worn or otherwise in violation prior to the estimated replace meat date will-.ire earlier corrections. Dare La3i Aepiaeed Estimated Re lac ant em Date Furnace/AC- OW0112012 0312032 Water Heater- Prior to purchene of houso 0312020 Kitchen Appliances- Prior so purchoea 03/2017 laundry A p liances- 0.1200. 0912020 '.. E7 tericr -Paint/Siding,fascia,trim. exisa. 2012 -Windows Prior to Purchase 2015 -Roof 2005 FencC NA -Shed Prior to purchase NA -.Garage 2005 NA -DriV WaY Exls9rw 2020 -Sidewalks Exis0n9 2020 Smoke Alarms.4.Carbon Monoxide Alarms 0912009 09P1ola Other s Tlmplementing the following best practice may assist.in the management ofyour property. c�hecki-9-11W boxes below,You off­ro: II J 1 1. Check in with tenants every 30 days. 2. Drive by property to check For violations twice a month. 7 Page 2- Type IV Mitigation Plan Rev 11-16-21 3. Evicttcnants in violation of the lease and all addendums. 4. Provide lawn/snow service. 5. Provide garbage service. 6. Install security system. Excel 7. Provide inairit—anco service plan for appliances. Name of..service co 8, 1.—and-will remain current on payment oFutlility fees,taxes,assessments,fines,penalties and other financial claims d..:t.the City. 9. Other(s)- Please read lihor.Ughly: Ifthe Typo IV Rental License is approved by the City Council,the Mal comply with the approved and all applicable city codes. No later than the 10 of calendar month,the licensee must submit to the Building and Community Standards Department a written report describing.11 steps taken to comply with the Mitigation Plan. .1 verify that all information provided above is true and accurate. I understand that if do not comply With an approved Mitigation Pinn,comply with all applicable ordinances within the license period,or operate beyond the license expiration date;enforcement actions such as citations,formal complaint or license review may result. Owner or Agent Name and Title i,,o Owner or Age tgnature. Date Additional Owner or Agent Warric and Title(7j-qppli—blo(Please Print) Additional Owner or Agent Signature (-Irqppzl—blq) E)at. For(:iiy kvp'—d 13y: 'Police Department-/Title Date Community Standards]Department Pritl. Date page 3 -type IV Mitigation Plan Rev 11-16-11 i AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 14, 2012 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. Bankruptcy Write-Off Policy 2. Report from Parks and Housing Commissions Regarding Community Gardens PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. Inclusion/Diversity Issues—Mayor Willson 2. Firehouse Park 3. National League of Cities Service Line Program 4. Sister City Update 5. Active Living Program 6. Success Target Update 7. Brooklyn Boulevard Study Update—June 11 8. Shingle Creek Crossing Update Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: 2 May 2012 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Finance SUBJECT: Assessment v. Write Off for Bankruptcy Amounts Discharged i Recommendation: It is recommended that the City Council consider providing direction to staff regarding the disposition of utility bill balances due after bankruptcy filings are discharged. Background: During any given year the City will receive up to a dozen notices of bankruptcy filings by utility customers whose accounts are unpaid. During the period of the bankruptcy proceedings the City is prohibited from taking any action to collect the unpaid amounts. In these cases, the City removes the amounts from the customer's account and places them in a bankruptcy holding account. However, following either a dismissal of the proceedings or a discharge of the filing the City may proceed to collect the unpaid amount due from the property owner. Following a dismissal, the amount is put back on the customer's account and collection proceeds according to City policy. In the case of a discharge the unpaid utility charges may be assessed as a lien against the property at that time. Chapter 7 Bankruptcy Assessment after a discharge is not an issue if the customer who incurred the charge is the same person as the property owner. If the customer is still the owner of the property then he, she, or they will be charged through the assessment of the amount against the real property he, she or they own. Although they may object to such actions, case law holds that the City has the right to collect these utility charges as a secured lien against the property. However, if the customer who incurred the charge has sold or lost the property to foreclosure at the time the bankruptcy is discharged complications arise. At the time a property is sold to a new owner any outstanding unpaid bills or potential bills are disclosed to the buyer's title search firm. An amount can then be withheld from the proceeds of the sale to pay the outstanding bills and close the account. If a title search firm does not discover or withhold payment for outstanding utilities, the new owner has cause to hold the title search company responsible for the charges. However, a bankruptcy receivable is not included in such disclosures. Therefore, any assessment of the unpaid charges following discharge of a bankruptcy against the property will fall entirely on the new owner without recourse to the title search firm. The City's authority to assess the unpaid amounts against a new owner has been upheld in a district court decision. The City then has a couple of options for dealing with unpaid utility charges following a discharge of bankruptcy AND change of ownership in a property: Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION • The City may assess the unpaid amounts, including interest and service charges against the property for collection on the property taxes for the ensuing year without regard to the change in ownership. • The City may write off the unpaid amount incurred by the former owner as uncollectible against the current revenues of the various utility funds On occasion, a property changes ownership while a bankruptcy is in the court system. Again, the City may not disclose the amount held in the bankruptcy receivable account to a title search company. If the bankruptcy is dismissed after a change in ownership occurs there are three possible ways to deal with the amount due: • In the case of a foreclosure acquisition by a bank or title company, the discharged amount due may simply be put back on the new owner's account without prior knowledge of the amount due. • In the case of a new resident or other owner from a free market sale the amount due from the bankruptcy discharge may be assessed against the property. • In either case,the amount may be written off against current utility revenues. Chapter 13 Bankruptcy Chapter 13 collections occur through the trustee for the bankruptcy. The City is paid directly by the trustee. In the case that a Chapter 13 distribution pays the bill in full the matter is closed. In the case where a Chapter 13 trustee makes all distributions and the bill is still not paid in full the City may asses the remaining amount against the property when the current owner of the property is the same or the property ownership has changed. In these cases the policy decision is to either assess the unpaid amount or write it off against current revenues. Policy Issues: In the case of a Chapter 7 bankruptcy: • Is a dismissed amount; o Placed on the account of a new owner in the case of a foreclosure holding? o Assessed against the property in the case of a new owner? o Written off against current revenues if ownership has changed during bankruptcy process? • Is a discharged amount: o Placed on the account of a new owner in the case of a foreclosure holding? o Assessed against the property in the case of a new owner? o Written off against current revenues if ownership has changed during bankruptcy process? In the case of a Chapter 13 bankruptcy: o Is the uncollected amount assessed against a new owner? o Is the uncollected amount written off against current revenues? Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Options for policy implementation: 1. When a bankruptcy filing has been dismissed. or discharged and ownership of the property has changed during the bankruptcy process any remaining amount owed to the City shall be written off against the current fiscal period. • This would allow the most efficient administration of the situation with insignificant loss to the utility. Three year total amounts (2009 — 2011) are approximately $ 6,000 in total over the five utilities. 2. When a bankruptcy filing has been dismissed or discharged and ownership of the property has changed during the bankruptcy process any remaining amount owed to the City shall be assessed against the property for collection through the property tax system using established procedures for assessment of unpaid utility bills. • While the amounts due would be collected under this process, the amounts collected as a result of the process of collecting utilities through assessment and the potential ill will caused by requiring payment of a previously unknown bill may not be as valuable as using the first policy option. 3. When a bankruptcy filing has been dismissed and the owner of the property remains the person(s) who filed the bankruptcy proceeding any remaining amount due will be placed back on the owner's account. • In this situation the bankruptcy process is declared null and the person who incurred the unpaid utility bill could rightly placed back on notice that the amount is due and payable. If non-payment persists the unpaid amount may be assessed to collect payment, as is done for other unpaid utility amounts outside the bankruptcy process. 4. When a bankruptcy filing has been discharged and the owner of the property remains the person(s) who filed the bankruptcy proceeding any remaining amount due shall be assessed against the property for collection through the property tax system using established procedures for assessment of unpaid utility bills. • In the case of discharge, there has been a ruling of status in the bankruptcy court and assessment would be the only way to collect. The issue under discussion could be resolved by adopting options 1, 3 and 4 or options 2, 3 and 4. Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources 2. We will ensure the financial stability of the City Mission:Ensuring an attractive, clean,safe,inclusive community that enhances the quality of7ife for all people and preserves the public trust i Work Session Agenda Item No. 2 MEMORANDUM - COUNCIL WORK SESSION DATE: Thursday, May 10, 2012 TO: City Council FROM: Curt Boganey, City Managdj� SUBJECT: Community Gardens- Happy Hollow Recommendation: It is recommended that the City Council consider providing direction to staff regarding establishing a community garden program Background: Attached to this memo is a joint report from the Housing and Parks Commissions regarding a proposed community garden at Happy Hollow Park. I met with the staff regarding this recommendation and discussed the pros and cons in great detail. Based upon my review, I am asking the City Council to consider allowing staff to meet with each of the Commissions at their regular Tuesday meeting to consider the alternative of placing the Community Garden in Centennial Park, which was the second best alternative location selected by the Parks Commission, ahead of the Happy Hollows site. It appears that Happy Hollows was selected over Centennial largely due to concerns about"flooding" in the area. After reviewing the current situation, it is our opinion that the Centennial site is superior to Happy Hollow in virtually every way including the following; • More parking • Readily available City water • Readily available bathroom facilities • No competing recreational uses • Significant land for growth if justified by demand • It is designated as a Destination Park serving the entire community versus a Neighborhood Park intended to primarily serve the local neighborhood We believe these advantages far outweigh any concerns regarding potential flooding which we believe can be mitigated. If the Council concurs we believe that we can proceed expeditiously so that at least 12 plots can be ready this year to test and tweak the program for expansion in 2013. Policy Issues: Is the community best served by implementing community gardens as recommended at Happy Hollow Park or a Centennial Park Alternative? Mission:Ensurin;an attractive,clean,safe,inclusive communit,theft enhances the quality of life ,for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Council Goals: Strategic: We will increase the engagement of all segments of the community We will encourage citywide environmental sustainability efforts 05.14.12.mem.community.garden Ifission:Ensuring an attractive,clean,safe,inclusive community-that enhances the quality of ife fir all people and preserves the public trust MEMORANDUM — COUNCIL WORK SESSION DATE: May 14, 2012 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business &Development and .nz-• Jim Glasoe, Director of Community Activities, Recreation, and Service SUBJECT: Housing Commission and Park & Recreation Commission Recommendation on the Use of Happy Hollow Neighborhood Park for Community Gardening. Recommendation: It is recommended that the City Council consider providing direction to staff regarding proceeding with the Housing Commission's and Park & Recreation Commission's recommendation to establish twelve garden plots at the Happy Hollow Neighborhood Park for the 2012 Gardening Season. Background: On March 20, 2012 the Housing Commission and Park & Recreation Commission discussed and reached a consensus on the following items related to proceeding with a Community Garden Program for 2012: - Requesting City Council direction on scheduling a neighborhood informational meeting to receive public input on the potential development of a 14 garden plot site within the central portion of Happy Hollow Park, adjacent to Malmborg's Greenhouse. - Pending Council acceptance, a tentative date for this informational meeting was set for April 17th (the next regular meeting of both the Housing and Park & Rec Commissions) - The development of a program budget which included the following components: 1. A garden plot rental fee of$50 per season (total revenue of$700) 2. Program administration through CARS and initial site preparation by Public Works. 3. Role of the Housing Commission and Park & Recreation Commission to provide operational assistance, guidance, and to continue to seek opportunities to expand the Community Garden Program. 4. Use of the program guidelines, gardening policies, and application format previously accepted by the City Council. 5. Water supply to be provided from the private well at Malmborg's Greenhouse. 6. Preparation of an operational budget to include sanitation facilities (May- October, waste containers and weekly pickup and material costs for perimeter fencing). - A program schedule that would facilitate City Council approval in April which would allow gardening to start by mid-May. Mission:Ensuring an attractive,clean,safe,inclusive communiti,that enhances the quality of life for all people and preserves the public trust i MEMORANDUM - COUNCIL WORK SESSION At the March 26t" City Council Work Session, the City Council provided direction to the Housing Commission and Park & Recreation Commission regarding proceeding with a Community Garden Program for 2012, establishing an annual $50 rental fee per garden plot, and the holding of a neighborhood informational meeting on the use of a portion of the Happy Hollow Neighborhood Park for community gardening. On April 17, 2012, a neighborhood informational meeting was held at the Happy Hollow Park. In attendance were the following: - Housing Commissioners Kathie Amdahl, Peggy Lynn, Judy Thorbus, Ephrain Olani, and Chair Kris Lawrence—Anderson. - Park Commissioners Gail Ebert, Muriel Lee, Roger Peterson, John Russell, Thomas Shinnick, Dan Startling, and Chair Bud Sorenson. - City Council Members Carol Kleven, Park & Rec Commission Liaison; Lin Myszkowski, Housing Commission Liaison; Dan Ryan; and Kay Lasman - Staff Liaisons Jim Glasoe, Director of Community Activities, Recreation & Services and Gary Eitel, Director of Business &Development. The meeting was held on the 140'x45' portion of this 5.44 acre park that had been identified as a candidate site for fourteen 20'x20' 9 arden plots. There were approximately 16 residents present and Van Cooley, Manager of Malmborg's Nursery, which adjoins the proposed community garden site. The following issues were raised at this neighborhood information meeting: - traffic issues associated with access from Brooklyn Boulevard; - neighborhood safety concerns associated with the additional traffic to the park; - driving and parking on the part trail connecting Zenith and Abbott Ave; - insufficient parking lot which results in on street parking within the neighborhood; - issues associated with debris and trash, which currently requires neighbors to clean up the park; - issues related to not having Biff's—Satellite sanitation facilities at the park; - potential conflicts and/or incompatible use with other park activities,(soccer play, kite flying, airplane flying, exercising of their dogs); - potential that the gardens may become an attractive nuisance and/or invitation for other sources of trouble; - why this neighborhood park and not somewhere else; - why destroy the natural beauty of this park; - safety concerns for children using the park; - concerns about inviting strangers into the neighborhood park and other unknowns by introducing community gardening; - concerns related to the renting of parkland that would provide someone an exclusive right for the use of public property. Mission:Ensuring an attractive,clean,safe,inclusive conunrmity that enhances the duality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION On May 2, 2012, a Special Meeting of the Housing Commission and Park & Rec Commission was held to review the information received from the neighborhood meeting. Present at this meeting were Park and Recreation Commission Chair Sorenson and Commissioners Ebert, Peterson, Russell and Shinnick; Housing Commission Chair Kris Lawrence-Anderson and Commissioners Amdahl, Lynn, Thorbus, and Olani; Council Members Carol Kleven, Lin Myszkowski, and Dan Ryan. The Commissioners discussed each of the neighborhood concerns/issues using the following process: - defining and seeking an understanding of the issue/concern; - distinguishing the relativity and relationship of the issue/concern to the current park usage and scope of the proposed gardening activity; - considering potential actions or procedural measures that would mitigate the concerns/issues, and - a polling of the Commissioners on whether the issue/concern was significant enough to warrant the disqualification of this site as a potential community garden site. Housing Commission Chair, Kris Lawrence Anderson,read the following statement from the American Community Gardening Association,regarding the benefits of community gardening: "Community gardening improves people's quality of life by providing a catalyst for neighborhood and community development, stimulating social interaction, encouraging self- reliance, beautifying neighborhoods,producing nutritious food, reducing family food budgets, conserving resources and creating opportunities for recreation, exercise, therapy and education." There was further discussion on the previous review of park sites for community gardening opportunities: the attempt to enter into a cooperative agreement with the City of Brooklyn Park at the Crystal Airport garden sites; a review of gardening activities at other Cities; and revisions of the City's guidelines that would include the following: - requiring identification, proof of residency in the city, - prioritizing applications from within the neighborhood, - refining the installation of perimeter fencing, - refining the gardening policies relating to vertical elements for vine growth and interior fencing; - providing guidelines/suggestions to prospective gardeners on parking; - an initial reduction of the number of garden plots to allow a monitoring of the park use; - the preparation of a parking schematic that illustrates twelve parking stalls (seven within the parking lot and five on street parallel parking stalls adjacent to the park property). Park& Recreation Commissioner Peterson made a motion, seconded by Housing Commissioner Amdahl to recommend to the City Council that a"Community Gardens" site be established at Happy Hollow Park with the following provisions: Mission:Ensuring an attractive,clean,safe,inclusive communitp that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION 1. That the proposed garden site be reduced from fourteen to twelve (20'x20') garden plots. 2. That a four foot high, aesthetically pleasing fence is placed surrounding the perimeter of the garden. 3. That no interior fencing is allowed. 4. That the garden plots be made available only to City of Brooklyn Center residents, with preference given to residents in the Happy Hollow neighborhood. The motion passed unanimously. Budget Issues: The proposed rental fees for the twelve garden plots will cover the out of pocket costs to the City for the costs of sanitation, garbage/debris pickup, and incidental plumbing material to complete the connection to the Malmborg's water supply. The labor and equipment necessary for initial soil preparation will be provided by the Public Work's Department. The garden program will be administered by the C.A.R.S. Department. The capital investment of the perimeter fencing will be funded through a combination of the following sources; a grant, opportunities for Civic donations & partnerships, and/or an advancement of funds from the EDA. Policy Issues: Attached for your reference is the Community Garden Contract Agreement that has been accepted by the City Council at the April 26, 2010 Work Session. The staff is seeking direction regarding the following provisions of the recommendation: 1. Amending the guidelines relating to the prioritizing of applications from the neighborhood and the restriction of interior fencing. 2. The prioritizing of Public Works Department labor, equipment, and other resources to prepare the garden plot sites for a late May planting. 3. The long term financial commitment to cover the capital investment for the four foot high aesthetically pleasing fence. Council Goals: Strategic: 5. We will value and benefit from the community's demographic makeup and cultural diversity 8. We will encourage citywide environmental sustainability efforts Mission:Ensuring an attractive,clean,safe,inchisive consnunitp that enhances the quality of life for all people and preserves the public trust City of Brooklyn Center Community Garden Contract Agreement , The City of Brooklyn Center agrees to prepare the garden plot for planting, stake out the plot, identify the plots by number, and make water accessible to gardener. If a cancellation is requested in writing prior to May 1, 2010, a refund will be granted(excluding cancellation fee). Please review the following program guidelines. 1. Priority will be given to Brooklyn Center Residents and prior year renters. 2. Non-residents will have last priority after resident extra plots are rented. 3. Renters will be on a first-come, first-served basis depending on availability. 4. One plot per household unless extra plots are available after May 1. 5. Garden plots are assigned to one person and are not transferrable. Others may garden the plot; but the responsibility for maintenance of the site is assigned to the person that applied for the plot. 6. Fees must be paid at the time of application. Cost is 7. No refunds will be given after May 1. (A $5 cancellation fee applies prior to May 1) 8. The plot must be tended by May 15th. If you are planting later, you are still responsible for keeping the plot free from weeds and harvesting through the end of the season. 9. Renter agrees to: • Have something planted by June 10 and keep plot maintained the entire season. • Notify the City if they must abandon their plot. • Keep weeds to a minimum. • Maintain garden within the borders of their plot—no vines encroaching to other plots. • Use only approved certified organic fertilizers that do not affect other plots (no herbicides or pesticides)to keep insects,pests and diseases under control. • d by October 31. Have plot cleaned and cleare • Place organic waste in the compost piles in areas identified by the City. 10. If the garden plot is not being maintained,the gardener will be given ten days to correct the situation or the plot may be re-assigned. 11. A 3 ft. chicken wire fence may be in place to protect crops from rabbits and other critters. 12. Plantings must not shade other gardener's plots. 13. Pets are not allowed. 14. Children must be supervised. 15. Motorized vehicles must only use the designated parking area. 16. No amplified music or excessive noise is allowed. The Gardener agrees to assume all liability and to indemnify and compensate the City for any injury or damage to person, property or employees by or arising in connection with the use of the premises. The Gardener further agrees to defend, indemnity and hold harmless the City against all actions,claims,damages,or demands,which may be brought or made either against the City's interest in the premises by reason of anything done by the Gardener,in the exercise of purported exercise of the rights and privileges herein granted. The City may terminate a Gardener's use of City property under this Agreement immediately upon violation of any of the terms of this Agreement in connection with the use of the garden plots. The City of Brooklyn Center assumes no liability for accidents or injury to participants or others either on or adjacent to the garden area. The City of Brooklyn Center assumes no responsibility for acts of vandalism or loss of crops or property due to theft. By signing this agreement,I agree to abide by these conditions established for Community Gardens including complying with all federal,state and local laws and regulations. Name(Plea'se Print) Signature. Date -R81 ■I�F�HI�1\]NH�If1�1. '�1 ,� Av El Fol El El El El ED r v: �# o Potential Garden Plots (20' X 20') ' /JJ JA_ "i` fit) �_ � •� 1� 4 Ilh. ! Y .� '� r �'!• � �":,.M � .C.' ),Y 1,,� I i'. a t�e] .+9' K r 1; .,4 'R , � -..I� ?.._ •r .t bra r �'A - � �� -i i` ,,-. J j _-� � ,,- `III � . / a •r' Fy Y_ [f�T�,,,,��r;,/' •` j�, #.. i' _ � ;, 'r jJff Y, �� } .,Y, + p-': `�•,' +., i '°�S 1, ♦'F.�'._ v^5'�� '��F� � �-- ��.m—_ Y4�-.� -•'�*` .i. _ S '1 �� .I�- t1"- t-. �1 1 '�e ��.' .. r 4w ' IF t i , JEF c. T ,may Jr �� . } .s }, 1, h • + 1t•� YS�:fi' �. - ` t- r 1,; r . 4 i a ' r k Hockey Rink 6254 Ay a 6 t POTENTIAL GARDEN EXPANSION AREA ,4 r ' ., s