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Home My WebLink About2012 08-27 CCP Regular Session Ii I AGENDA CITY COUNCIL STUDY SESSION August 27, 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 a. Constituent Communications—Councilmember Kleven 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn I i it i Curt Boganey From: Curt Boganey Sent: Friday, August 17, 2012 4:28 PM To: Carol Kleven Subject: RE: communication I will add this item to the study session agenda. I will provide a few quick response to some questions below. From: Carol Kleven Sent: Friday, August 17, 2012 3:09 PM To: Curt Boganey Subject: communication HI Curt; During the next City Council Meeting under(2. Miscellaneous) I would like to discuss the subject concerning the communication loop of when a constituent sends a concern to each of the City Council Members. I • How does this all work together? What is the best way to pursue the answer/answers to the constituent regarding his/her problem/questions? • How does this all work together with the Open Meeting Laws/issues? o The primary open meetings law issue is to make sure that we avoid a serial meetings.This is why Council policy ask that Council members not email each other directly regarding city business. Instead emails are sent to the City Manager who may distribute information to the Council. • You have shared with me Lin Myszkowski's e-mail to you, but not your answer to her. You have shared Kay Lasman's e-mail to Solomon, Lo with me. • Did you send the other City Council members my response to Solomon, Lo, and his response to me? Or my original e-mail to you? • I will have to follow up on this one and get back to you. • How do you decide whose e-mails get forwarded to other Council Members and which do not? • If a Council member makes a request that I forward to other Council members I will do that. • If the topic seems to be of general interest, I will forward to other Council members • If the topic is related to information that the entire Council will need to act on in the future I will share with the City Council. • If the constituent has made contact with all Council members, I will share my responses with all Council members. • If the topic seems to be narrow in scope and impact perhaps only of interest to a single Councilmember I typically will not forward to other Council members. P.S. I have not heard from you regarding the response you sent to Solomon, after my original e-mail to you. 1 CITY COUNCIL MEETING City of Brooklyn Center AGENDA August 27, 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. August 13 Study Session 2. August 13 Regular Session 3. August 13 Work Session b. Licenses c. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees d. Approval of Site Performance Guarantee Reduction for 6000 Brooklyn Boulevard (Evans Nordby) e. Application and Permit for Temporary On-Sale Liquor License Submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for an Event to be Held November 3, 2012 f. Resolution Authorizing Proposed Use of Auto Theft Prevention Grant CITY COUNCIL AGENDA -2- August 27, 2012 Amendment g. Amend 2012 City Council Meeting Schedule to Add Special Budget Work Session with Financial Commission on August 30, 2012 7. Presentations/Proclamations/Recognitions/Donations None. 8. Public Hearings None. 9. Planning Commission Items a. Planning Commission Application No. 2012-017 Submitted by Omar Abuisnaineh. Request for Planned Unit Development Approval for the Rezoning of Certain Properties from C1 (Service/Office) District and C2 (Commerce) District to a New Overall PUD/C2 (Planned Unit Development/Commerce) District, Along with Development/Site Plan Approval of a Parking Lot Expansion to a Restaurant Use, for the Property Generally Located at the Northwest Corner of Brooklyn th Boulevard and 69 Avenue North, and Addressed as 6901 and 6915 Brooklyn Boulevard. The Planning Commission recommended approval of this application at its August 16, 2012, meeting. 1 Resolution Regarding Recommended Disposition of Planning Commission Application No. 2012-017 Submitted by Omar Abuisnaineh to Rezone Property Located at 6901-6915 Brooklyn Boulevard from C-1 (Service/Office) and C-2 (Commerce) to PUD/C-2 (Planned Unit Development-Commerce) District and Approve a New Development Site Plan Requested Council Action: Motion to adopt resolution. 2. Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the Northwest Quadrant of the City Located at 6901 and 6915 Brooklyn Boulevard Requested Council Action: Motion to approve first reading and set second reading and Public Hearing for September 24, 2012. b. Planning Commission Application No. 2012-018 Submitted by Omar Abuisnaineh. Request Preliminary Plat approval of MONTY ADDITION, for the Property Generally Located at the Northwest Corner of Brooklyn Boulevard and th 69 Avenue North, and Addressed as 6901 and 6915 Brooklyn Boulevard. The Planning Commission recommended approval of this application at its August 16, 2012, meeting. 1. Resolution Regarding Recommended Disposition of Planning CITY COUNCIL AGENDA -3- August 27, 2012 Commission Application No. 2012-018 Submitted by Omar Abuisnaineh, a Request for Preliminary Plat of Monty Addition for the Property Located at 6901 and 6915 Brooklyn Boulevard Requested Council Action: Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental License for 5814 Ewing 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 City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION AUGUST 13, 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 I Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carol Hamer, Timesaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Curt Boganey stated that a Public Hearing is required for Agenda Item 6g. The item will be moved from the Consent Agenda to Agenda Item 10b. He indicated Council has been provided with the following correction to the July 23, 2012, Regular Session City Council Minutes: Page 8 —Council Report, 6th paragraph, last sentence: Councilmember Lasman, Crime Prevention Liaison, announced the August 6, 2012, National Night Kick Off Party in Centennial Park where all are invited and many events will be offered. Mayor Willson noted he will be attending an out-of-town training so Mayor Pro Tern Lasman will be r o„+:„n aviards for Br-ookl5 Center that c+<.eptingg do the formal welcome. Council consensus was to include the above amendment and correction as amendments to the Regular City Council Agenda. Councilmember Lasman requested discussion on Agenda Item 9a. She expressed concern over the number of uses in the PUD changing over to fast food restaurants. Mr. Boganey requested Director of Business and Development Gary Eitel to address whether the current PUD allows or prohibits fast food restaurants. Mr. Eitel explained that the current PUD does not allow drive-up windows, but does allow convenience foods. The Council expressed concern regarding a trend towards including fast food restaurants in the PUD. Mr. Eitel reviewed the PUD and answered questions of the Council, explaining that the 08/13/12 -1- DRAFT potential tenants would not likely be classified as "fast food". There was discussion on the difference between drive-thru fast food restaurants and restaurants that provide takeout but are not identified as "fast food". Mayor Willson stated while he will support the proposed PUD Amendment on tonight's agenda, a message should be sent to Mr. Gatlin that there is concern regarding the potential direction towards including fast food restaurants in the PUD. Mr. Boganey stated this message will be passed on to Mr. Gatlin, and that Mr. Gatlin has also heard this message from staff. MISCELLANEOUS Councilmember Lasman stated a resident mentioned that their church received a letter regarding a potential new use on 69th Avenue and Brooklyn Boulevard where Starbucks was formerly located. There was a lot of activity at the site with a large dumpster and some gutting work being done. Mr. Boganey explained that the site will be reviewed at the Planning Commission meeting this week. Councilmember Kleven announced that sales for Brooklyn Center housing is up with the median sales price now at $114,000 compared to last year at $66,000. The average sale price for July this year is $109,000 compared to last year at$84,000. Closed sales are up 13%, new listings are down 27%, the number of selling days on the market this year is 76 compared to 148 days last year. Councilmember Ryan stated he and Councilmember Kleven attended a presentation by the Met Council last Thursday related to the Met Council's initiative called MSP 2040, which is an effort by the Met Council to engage citizens and elected officials in an ongoing planning process centered around 2040. There will be a schedule announced for meetings that will be held in the area. Councilmember Myszkowski announced that the Minnesota Department of Commerce announced their recent auto theft grant award providing the City with funds for license plate readers that are capable of reading hundreds of vehicle license plates per minute to determine if they have been stolen. She noted the Stan Tribune ran an article talking about some of the privacy issues with this technology because the information is public data. Currently the legislature has not acted on applying parameters on how long the data is retained by the Police Department. One of the issues that has been brought up is that anyone is able to request this information. Mr. Boganey stated the Police Department will provide a report on the proposed terms of the policy for retaining the data. Mayor Willson stated there have been comments on the speed of vehicles in the area of Logan 08/13/12 -2- DRAFT and 55th/54th Avenues, and that a petition drive for a four-way stop may be moving forward. He suggested placing the speed trailer in the area for a while, as well as some higher visibility from the Police department. Mr. Boganey indicated that the Traffic Committee will review the situation. He noted four-way stops do not always help the situation, and often makes the speeding situation worse, as well as often moving the problem to a different location. ADJOURNMENT Councilmember Lasman moved and Councilmember Kleven seconded to close the Study Session at 6:43 p.m. Motion passed unanimously. i II 08/13/12 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 13, 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 Lasrnan, Lin Myszkowski, Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, 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 Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum, Will Dahn, 5733 Knox Avenue North, addressed the City Council regarding his concern about the MPCA and the Logan Avenue site. Mr. Dahn stated the MPCA is spending a lot of time doing testing for ground water pollution, and that it has been going on since 2005. The MPCA first set up their testing labs, of which one of their wells is located by his property, with an approximate 8 inch round pipe that extends to the water table that is very ugly and rusting. He stated the worst part is it seems like the MPCA is never ending with their testing. He stated his request is that he would like to have the City set up another meeting with the MPCA. He expressed his concern that he is not able to sell his house because he must declare that he is sitting on a polluted ground water situation. The Informal Open Forum was closed at 7:00 p.m. 2. INVOCATION Councilmember Myszkowski requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING 08/13/12 -1- DRAFT The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, 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 Carol Hamer, Timesaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Kleven seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Regular Session minutes of July 23, 2012, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. July 23, 2012— Study Session 2. July 23, 2012 —Regular Session 3. July 23, 2012 —Work Session 4. July 30, 2012 —Joint Session with Financial Commission 6b. LICENSES MECHANICAL AirCorps, LLC 2230 Terminal Road, Roseville Airtech Thermex LLC 4918 West 35d' Street, St. Louis Park Damyan's Heating & Cooling 7900 Excelsior Boulevard, #300, Hopkins Dennis Greger 814 17th Avenue N., South St. Paul Heating & Cooling Solutions, Inc. 1802226 th Lane NE, East Bethel Legend Mechanical 8555 W. 123rd Street, Savage Minnesota Heating & Air 10701 93`d Avenue N., Maple Grove Perfection Heating & Air 1770 Gervais Avenue, Maplewood TNC Industries, Inc. 7100 Medicine Lake Road,New Hope Upland Heating & Cooling, Inc. 308 SW 15th Street, Forest Lake RENTAL— CURRENT RENTAL STANDARDS INITIAL (TYPE II—hi,o yecir license) 2018 55th Avenue N. Chen Xuan Zhou 4908 Abbott Avenue N. Jeff Hudson 08/13/12 -2- DRAFT 7211 Camden Avenue N. Arthur Bannerman 5943 Colfax Avenue N. Juliana Koe 5444 Humboldt Avenue N. Melanie Boes 4207 Lakeside Avenue#140 Joseph Drechsler 3024 Nash Road James Morgan RENEWAL (TYPE III—one-year license) 314149"' Avenue N. Manoj Mooijani 6607 Beard Avenue N. Ernie Zheng 3800 Burquest Lane Michael Perron 5739 James Avenue N Doug Wahl 5813 June Avenue N Lena Lim RENEWAL (TYPE II—two-year license) 7018 Brooklyn Boulevard Nelia Schaff 5245-47 Drew Avenue N. Mai Xiong 6718 Colfax Avenue N. Ken Fountain RENEWAL (TYPE I—three-year license) 49016 1"Avenue N. Antonio Smith 535272 d Circle Denise Michaelides 5828 Fremont Avenue Hamid Safdari SIGNHANGER Apparently Graphic, Ltd. 1055 Cliff Road E., Burnsville Signart Company, Inc. 2170 Dodd Road, Mendota Heights 6c. APPLICATIONS AND PERMITS FOR TEMPORARY ON-SALE LIQUOR LICENSES SUBMITTED BY CITY OF LAKES NORDIC SKI FOUNDATION FOR EVENTS TO BE HELD AT SURLY BREWING COMPANY, 4811 DUSHARME DRIVE, BROOKLYN CENTER, ON SEPTEMBER 22, AND OCTOBER 27, 2012 6d. RESOLUTION NO. 2012-102 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT NUISANCE ABATEMENT COSTS, DELINQUENT ADMINISTRATIVE FINES/ CITATIONS, AND DELINQUENT ADMINISTRATIVE VACANT BUILDING REGISTRATIONS 6e. RESOLUTION NO. 2012-103 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 6f. RESOLUTION NO. 2012-104 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 08/13/12 -3- DRAFT 6g. RESOLUTION NO. 2012-109 VACATING CERTAIN EASEMENTS WITHIN OUTLOT ONE, DONNAYS BROOK LYN GARDENS 5 T1 ADDITION; LOTS 1 AND 2, BLOCK 1, MARANATHA ADDITION; PART OF STORM SEWER EASEMENT 3211239, HENNEPIN COUNTY, MINNESOTA This item was considered as Agenda Item l Ob. 6h. RESOLUTION NO. 2012-105 APPROVING FINAL PLAT FOR EVANS NORDBY ADDITION Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS —None. 8. PUBLIC HEARINGS —None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2012-010 SUBMITTED BY LOREN VAN DER SLIK (GATLIN DEVELOPMENT COMPANY). REQUEST FOR PUD AMENDMENT APPROVAL TO AMEND THE PREVIOUSLY APPROVED 2011 PLANNED UNIT DEVELOPMENT FOR SHINGLE CREEK CROSSING (DATED 9-12-11) Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2012-010 and advised the Planning Commission recommended approval, on a 5-1 vote, of the applications at its August 2, 2012, meeting. The request is for a second amendment to the Planned Unit Development (PUD) of Shingle Creek Crossing to revise Building B from an original proposed bank/financial use to a new convenience food restaurant with drive-thru service use and reconfigure the original labeled Building C from a retail use to a new mixed-use of convenience food with drive-thru service and retail uses. 1. RESOLUTION NO. 2012-106 REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012- 010 SUBMITTED BY LOREN VAN DER SLIK (GATLIN DEVELOPMENT COMPANY) FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO THE 2011 SHINGLE CREEK CROSSING PUD Councilmember Kleven moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2012-106 Regarding Recommended Disposition of Planned Commission Application No. 08/13/12 -4- DRAFT 2012-010 submitted by Loren Van Der Slik (for Gatlin Development Company) for Approval of a Planned Unit Development (PUD) Amendment to the 2011 Shingle Creek Crossing PUD. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2012-012 SUBMITTED BY LOREN VAN DER SLIK (GATLIN DEVELOPMENT COMPANY). REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR PROPOSED "BUILDING G" AS ILLUSTRATED AND PLANNED FOR UNDER THE 2011 SHINGLE CREEK CROSSING PUD MASTER DEVELOPMENT PLAN, 1180 SHINGLE CREEK CROSSING. Mr. Benetti provided an overview of Planning Commission Application No. 2012-012 and advised the Planning Commission recommended approval of the applications at its August 2, 2012, meeting. The request is to approve site and building plans for proposed Building G and other related improvements. 1. RESOLUTION NO. 2012-107 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012- 012 SUBMITTED BY LOREN VAN DER SLIK (GATLIN DEVELOPMENT COMPANY) FOR APPROVAL OF APPROVING A NEW SITE AND BUILDING PLAN FOR PROPOSED BUILDING G (LOCATED ON LOT 11, BLOCK 1, SHINGLE CREEK CROSSING ADDITION— 1180 SHINGLE CREEK CROSSING) i Councilmember Myszkowski moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-107 Regarding the Recommended Disposition of Planning Commission Application NO, 2012-012 Submitted by Loren Van Der Slik (Gatlin Development Company) Approving New Site and Building Plan for Proposed Building G (Located on Lot 11, Block 1, Shingle Creek Crossing— 1180 Shingle Creek Crossing). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2012-108 RECEIVING PROPOSED CHARTER AMENDMENT AND CALLING A SPECIAL ELECTION THEREON City Manager Curt Boganey introduced the item, reviewed its history, and explained the purpose of the resolution to accept the proposed Charter amendment and calling a special election on Tuesday, November 6, 2012. Councilmember Kleven expressed her preference for Election Question Alternative 44. She noted the key word in this option is "changing," and that the language is clear and precise. 08/13/12 -5- DRAFT i Councilmember Lasman concurred. She stated she would like it to be clear to the voters that this would actually be a change to the Charter. Councilmember Myszkowski concurred. She expressed concern that many people are not aware of what it would mean to change to a ward system. Councilmember Ryan stated he is considering Election Question Alternative #4. He offered the following language as an alternative: "Shall the form of Brooklyn Center City Government be changed by adopting an amendment to the City Charter requiring the election of City Council Members by ward?" Councilmember Ryan stated Brooklyn Center is small enough in size that wards are not needed, and that each member of the City Council represents the whole City. He stated his position that candidates who run at large for City Council must learn the issues in every corner of the City. He further stated that there should be consideration of the high cost of changing to a ward system for no apparent benefit. He noted that he is curious about the process by which this was brought forward, with no public hearings held by the Charter Commission as to whether the public would like this change. Councilmember Lasman commented on the similar language in Election Question Alternative#4 and Councilmember Ryan's suggestion. Councilmember Lasman moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2012-108 Receiving Proposed Charter Amendment and Calling a Special Election Thereon, with Election Alternative#4 as the approved language. Mayor Willson stated he has reviewed the Charter Commission minutes back to 1965. In 1976, the Charter Commission Subcommittee conducted a very in-depth study, looking at all sides of this issue and concluded that a ward system was not appropriate at that time given the size of Brooklyn Center and how it is split into four different sections with the major highways. There have been at least two studies since then. This Charter Commission has taken it upon itself to take this to vote by the citizens; however, he has yet to see any documentation where the Commission has studied the issue extensively. He stated he has seen comments about how it would be less expensive and easier to run in smaller areas. He has also seen comments regarding the diverse community electing individuals who are not Caucasian, which is the minority based on the last census. He stated he feels by going to a ward system there would be less representation than there is with all City Council Members being at-large. He pointed out that an additional piece that the Charter Commission is asking for in this change, which is not included in the language, is that if the ward system is adopted, each ward member will be able to appoint, at their discretion, an individual on any and all of the City's commissions. In this case, they would not only have a divisive ward system put in place, but also City government and its commissions potentially being put into a divisive state. He stated Brooklyn Center has gotten through 100 years, and that the City Council has represented the City well in those 100 years. He also believes the current City Council is representing the City well. He stated he believes there is more behind this Charter Commission language than just putting in a fair system for the election of City Council Members. 08/13/12 -6- DRAFT i Councilmember Lasman stated another burden to operating under the ward system would be the redistricting that could be required to be in compliance with the ward boundaries. She stated her position that the ward system is not in the citizens' best interest. Mayor Willson pointed out that every two years, individuals in Brooklyn Center have been able to vote for two City Council Members and the Mayor-at-Large. However, under the ward system they would still vote for the Mayor-at-Large, but only one City Council member from their ward. Councilmember Kleven noted with the current system an individual running for City Council that comes in second place would still be on the City Council, but this would not be the case with the ward system. Councilmember Myszkowski stated she is deeply concerned that should this amendment pass it would cause an undue burden on City administration. Mayor Willson commented it is ultimately up to the voters in November, and the City Council will abide by what the voters decide. Motion passed unanimously. 10b. RESOLUTION NO. 2012-109 VACATING CERTAIN EASEMENTS WITHIN OUTLOT ONE, DONNAYS BROOK LYN GARDENS 5TH ADDITION; LOTS 1 AND 2, BLOCK 1, MARANATHA ADDITION; PART OF STORM SEWER EASEMENT 3211239,HENNEPIN COUNTY, MINNESOTA City Engineer Steve Lillehaug presented an overview of the Maranatha 2nd Addition Plat and Resolution No. 2012-109 vacating certain easements pertaining to the Maranatha site redevelopment in connection with final plat approval of Maranatha 2nd Addition. Councilmember Kleven moved and Councilmember Lasman seconded to open the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing Motion passed unanimously. No one wished to speak. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2012-109 Vacating Certain Easements Within Outlot One, Donnays Brooklyn Gardens 51h Addition; Lots 1 and 2, Block 1, Maranatha Addition; Part of Storm Sewer Easement 3211239, Hennepin County, Minnesota. 08/13/12 -7- DRAFT III Motion passed unanimously. 11. COUNCIL REPORT Councilmember Myszlcowski reported on her attendance at the following: • July 28, 2012, Liberian Independence Day Celebration& Soccer Tournament • July 30, 2012, Joint City Council/Financial Commission Budget Work Session • August 1, 2012, Early National Night Out Gathering at the neighborhood that surrounds Odyssey Academy Charter School • August 6, 2012, Brooklyn Center National Night Out Kick Off in Centennial Park • August 7, 2012,National Night Out Parties Councilmember Ryan encouraged the residents to get out and vote at the upcoming primaries and reported on his attendance at the following: • July 30, 2012, Joint City Council/Financial Commission Budget Work Session • August 2, 2012, Lions Club Monthly Dinner with a presentation on domestic terrorism • August 6, 2012, Brooklyn Center National Night Out Kick Off in Centennial Park • August 7, 2012,National Night Out Parties • August 9, 2012, Met Council Presentation with a discussion on how the Met Council can better serve cities like Brooklyn Center with public outreach. Councilmember Lasman encouraged residents to vote at the upcoming primary elections and reported on her attendance at the following: • July 26, 2012, Brooklyn Center Business Association Luncheon, which included a presentation by Director of Business and Development Gary Eitel on events happening in the City. • July 30, 2012, Joint City Council/Financial Commission Budget Work Session • August 6, 2012,National Night Out Kick Off Event • August 7, 2012,National Night Out Gatherings • August 11, 2012, Hmong Play at the Brookdale Hennepin County Library Councilmember Kleven encouraged residents to vote at the upcoming primary elections and reported on her attendance at the following: • July 25, 2012, Delivery of welcome bags to newcomers in the City • July 28, 2012, Soccer Tournament at Brooklyn Center High School in celebration of Liberian Independence Day • August 2, 2012, Planning Commission Meeting • August 3, 2012, Farmers Market on 63rd Avenue and Brooklyn Boulevard • Aug 6, 2012, Local Board of Equalization Training Session • August 7, 2012,National Night Out • August 9, 2012, Earle Brown Heritage Center Wellness Expo for people with disabilities • August 9, 2012, Met Council Presentation with discussion on a regional vision for the next 30 years • August 11, 2012, Hmong Play at the Brookdale Hennepin County Library 08/13/12 -8- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION AUGUST 13, 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 8:13 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, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. BROOKLYN BOULEVARD CORRIDOR STUDY UPDATE City Engineer Steve Lillehaug presented an overview and answered questions of the City Council on the Brooklyn Boulevard Corridor Study. The Study included the following information: Vision and Goals; Existing Conditions; Public Comments; Recommended Concepts — Roadway; Recommended Concepts — Land Use; Recommended Concepts — Trail/Sidewalk; Recommended Concepts — Streetscaping; Recommended Concepts — Transit; Next Steps. Councilmember/Commissioner Ryan confirmed with Mr. Lillehaug that funding has been identified for the Bass Lake Road / Highway 100 Bridge, as well as the Bass Lake Road / Brooklyn Boulevard Bridge. The City Council/EDA expressed support in informing all of the, potentially affected property owners about the recommended concepts included in the corridor study at upcoming meetings/open houses. Mr. Lillehaug asked if the City Council's expectations are being met pertaining to the project progress and if there are any comments pertaining to the draft documents. Councilmember/Commissioner Ryan expressed concern regarding the potential of placing a bike trail on the lower portion of Brooklyn Boulevard. 08/13/12 -1- DRAFT i I Mr. Lillehaug stated he does not support an on-street bike lane in this corridor, but the consultant included it in the study with an objective view. At this point he believes the professional judgment recommends against an on-street bike lane in this corridor. Mr. Boganey suggested scheduling a riding or walking tour of the Brooklyn Boulevard Corridor for the City Council/EDA in order to view the entire area under study. Mayor/President Willson informed the City Council/EDA that Walmart has offered a tour of their facility. The opening is scheduled for September 12,2012. EARLE BROWN AND OPPORTUNITY AREA STREET LIGHT REPLACEMENT UPDATE Mr. Lillehaug introduced the item and presented an overview of the Earle Brown and Opportunity Area Street Light Replacement Update, including the following information: Background; Proposed Lighting; Cost Estimate; Recommendation. Mr. Lillehaug asked for input from the City Council/EDA on the following: • Does the City Council supports proceeding with the proposed LED lighting? • Does the City Council support proceeding with normal street lighting fixtures along Summit Dr., Earle Brown Drive and John Martin Drive, and decorative lighting along Shingle Creek Parkway? The majority consensus of the City Council/EDA was support of proceeding with the proposed LED lighting as presented, and proceeding with normal street lighting fixtures along Summit Drive, Earle Brown Drive, and John Martin Drive, and decorative lighting along Shingle Creek Parkway. ENVIRONMENTAL RESPONSE FUNDS—COUNCILMEMBER LASMAN Councilmember/Commissioner Lasman referenced a recent Star Tribune article relating to lack of Environmental Response Funds (ERF) available to developers of"brown sites," and asked if the City Council/EDA was interested in taking a position on the negative impact of not having this tool available to developers. Following discussion, the majority consensus of the City Council/EDA was to direct staff to draft a resolution for consideration by the City Council in support of reinstatement of ERF, and to lobby the state legislature on the issue. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 9:22 p.m. Motion passed unanimously. 08/13/12 -2- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: August 21, 2012 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum,Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its August 27, 2012. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL Bettin Inc. DBA Ecowater Systems 3208 1" Street South, Waite Park Bob Kissner Plumbing & Heating 13421 Dunkirk Street, Ham Lake D L Johnson Heating and A/C 19620 Jackson Street NE, East Bethel Dean's Professional Plumbing 7400 Kirkwood Court N, Maple Grove High Road Heating& Cooling 6650 Winfield Circle, Rockford Stafford Home Service, Inc. 6225 Cambridge Street, Minneapolis Statewide Gas Service Inc. 201 W Main Street, Waconia Titan Heating & Cooling LLP 7610 Jasmine Avenue S, Cottage Grove RENTAL See attached report. �Mission. Ensuring an attractive,clean,saj,inchisive cone unity that enhances the giiality of life for all people and preserves the pit blic 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 I—3 Year 1-2 units 0-1 3+:units 0-0.75 Type II—2 Year 1-2 units Greater than 1 but not more than 4 3+>units Greater than 0.75 but not more than 1.5 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3+units Greater than 1.5 but not more than 3 Type IV—6 Months 1-2 units Greater than 8 3+units Greater than 3 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-025 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4units 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 an,l 5 or more units Greater than 0.50 i i Budget Issues: There are no budget issues to consider. Mission. Ensuring an attractive,clean,safe,inchcsive community tdrat enhances the quality of life for all people and preserves the pubtle trust = r Property Final Previous Dwelling Renewal Code License Police License License Property Address Type or Initial Owner Violations Type CFS* Type** Type*** 5339 Queen Ave N Two Family(1) Initial Thanh Kim Oan 4 II N/A II 2023 Brookview Dr Single Family Initial Jamison Kohout 3 II N/A II 6030 Halifax Ave N Single Family Initial Phyllis Z. Davidson .4 II N/A II 6032 Humboldt Ave N Single Family Initial Deborah Counce 1 II N/A II 6325 Kyle Ave N Single Family Initial Cuong Pham 6 III N/A III 5532 Logan Ave N Single Family Initial Ira Kovalsky 6 III N/A III 1323 67th Ln N Single Family Renewal Ali Sajjad 7 III 0 III II 4842 71st Ave N Single Family Renewal Erick Dinh 3 II 0 II II 6116 Aldrich Ave N Single Family Renewal Troy Pullis 3 II 0 II IV 6538 Ewing Ave N Single Family Renewal TuUyen Tran 5 III 0 III II 5820 Logan Ave N ISingle Family Renewal Farnaz Toussi 7 III 0 III II * CFS=Calls For Service for Renewal Licenses Only(Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued Type I=3 Year Type II=2 Year Type III=1 Year ***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 City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM DATE: August 27, 2012 TO: Curt Boganey, City Manager FROM: Vickie Schleuning,Asistant City Manager/Director of Building& Community Standards SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of diseased trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of diseased trees that were recently marked by the City Tree Inspector. The City of Brooklyn Center has maintained a policy of removing and properly disposing of diseased trees in order to prevent tree diseases from spreading throughout the community. The removal of diseased trees is defined in City Ordinance Chapter 20-301to 20-306. Although the City has historically focused on Dutch Elm disease, other transmissible diseases and infestations are addressed as well. Property owners are given the opportunity to remove the diseased tree on their own or enter an agreement to allow the city to remove the diseased tree. Where an agreement with the property owner is executed, a minimal administrative charge of$50 is applied to the costs associated with the tree removal. After a diseased tree is declared a public nuisance by the City Council, another Compliance Notice will be provided to the property owner allowing additional time, at least five days, for voluntary correction, again providing an option for an agreement with the City. If the property owner does not correct the violation or enter into an agreement,the City will remove the diseased tree. An administrative abatement service charge will be charged based on the cost of the abatement,with a minimum charge of$150. Budget Issues: The City's share of the cost of removal for diseased trees within the public right-of-way and on City property is included in the 2012 budget under the Public Works Forestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the 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 respective property owner, and if unpaid, is specially assessed to the property. Council Goals: Strategic: 8. We will encourage citywide environmental sustainability efforts. Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources. Mission:Ensuring an attractive,clean,safe,inclusive cofnnuinity 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 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS,Brooklyn Center City Code Section 20-301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and WHEREAS,removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center allowing the owners twenty(20) days to remove diseased trees on the owners' property; and WHEREAS,the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Brooklyn Center,Minnesota,that: 1. The diseased tree at the following address is hereby declared to be a public nuisance. i Property Address Tree Type and No. 7232 France Ave N Elm— 104 2. After twenty(20) days from the date of the initial notice,the property owner(s)will receive a second written notice providing five (5)business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five(5) days,if the property owner fails to request a hearing,the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid,the costs shall be specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. i i RESOLUTION NO. August 27,2012 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. i i �I City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM DATE: August 27, 2012 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning &Zoning Specialist THROUGH Gary Eitel, Director of Business and Development SUBJECT: Performance Guarantee Release—Nor-Web LLP (Thomas J. Weber) Evans-Nordby Funeral Home - 6000 Brooklyn Boulevard Planning Application No. 2003-008 and 2011-019 Recommendation: It is recommended that the City Council authorize the release of the Performance Guarantee posted by Tom Weber of Nor-Web LLP for those site improvements made to the Evans—Nordby Funeral Home business, located at 6000 Brooklyn Boulevard. Background: On June 9, 2003, the City Council approved Planning Application No. 2003-008, a new Special Use Permit to Mr. Weber/Nor-Web LLP, which allowed an off-site parking facility to the existing funeral home business. This special use permit was approved based on certain conditions and requirements, one of which related to the posting of a financial guarantee; a number of site improvements such as screening and landscaping; and a requirement the Owners would re-plat the three separate parcels used by the Evans-Nordby business into one single parcel or lot of record. On August 26, 2003, Mr. Thomas Weber, on behalf of Nor-Web LLP entered into a Performance Agreement with the City of Brooklyn Center and filed with the City evidence of a $22,500.00 cash bond to be held as a guarantee for completing these site improvements and insure the re- platting of the property. This cash bond was delivered, deposited and held by the City since acceptance of this Performance Agreement. On December 12, 2011, the City Council adopted Resolution No. 2011-171, which approved the preliminary plat of EVANS NORDBY ADDITION, conditioned upon the Owner (Mr. Weber) would provide additional sidewalk easements, remove a driveway and restore the disturbed areas near the intersection of 60th Avenue and Brooklyn Boulevard, On August 13, 2012, the City Council adopted Resolution No. 2012-105, which approved the final plat of EVANS NORDBY ADDITION. Due to the recent change of ownership to the funeral home site, the properties are now doing business under T.J. Weber Properties, LLC. The City recently released the final plat and easement documents to Mr. Weber for recording. The City is conditioning the release of these funds noted herein only upon receipt or acknowledgment Aiission:Ensuring an attractive,clean,safe,inclusive eommunity that enhances the dualit o y f life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM that Hennepin County has accepted and recorded the plat and all related easement documents. The $22,500 funds are expected to be returned to Thomas J. Weber. All required conditions and work related to the plat approvals have been fulfilled or completed, including the driveway removal, landscaping, site restoration, screening, utilities, and easement dedications. The as-built survey has been completed or accepted by the City Engineer/Public Works Department and Business & Development Department. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 4. We will improve the city's image. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality,of life e for all people andpreserves the public trust I Performance Agreement City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 FILE NO. 2003-008 This Agreement is entered into by Nor-Web LLP hereinafter called the Developer and the City of Brooklyn Center,a Municipal Corporation,under the laws of the State of Minnesota,hereafter called the City. THE WORK The Developer has received approval of its Development Plans by the City Council of the City(pursuant to City Ordinances), subject to the execution of this Performance Agreement,pursuant to the City Council approval of June 9,2003 and in accordance with said Development Plans all of which are made a part hereof by reference. In consideration of such approval,the Developer,its successors and assigns,does covenant and agree to perform the work as set forth in the Development Plans,in the aforesaid Approval,and as hereinafter set forth,upon the real estate to be described as follows:The two parcels of land owned by Nor-Web LLP immediately north of 6000 Brooklyn Boulevard.. The Work will consist of the improvements described in the Development Plans,in the aforesaid Approval(to include any approved subsequent amendments) and will be in compliance with all applicable Statutes,codes and Ordinances of the City. The cost of the improvements is estimated to be $34,616. COMPLETION DATE. The undersigned Developer agrees that the said Work will be completed in its entirety on or before the 31st day of October 2003,and no extension of time will be valid unless the same will be approved in writing by the City Manager. Said extension of time will be valid whether approved by the City Manager before or after the completion date and failure of the City to extend the time for completion or to exercise other remedies hereunder will in no way work a forfeiture of the City's rights hereunder,nor will any extension of time actually granted by the City Manager work any forfeiture of the City's rights hereunder. It will be the duty of the Developer to notify the City of completion of the Work at least 10 days prior to the Completion Date and to call for final inspection by employees of the City. MAINTENANCE. The Performance Agreement,in its entirety,will remain in full force and effect for a period of one year after actual completion of the Work to determine that the useful life of all Work performed hereunder meets the average standard for the particular industry,profession,or material used in the performance of the Work. Any work not meeting such standard will not be deemed complete hereunder. Notice of the date of Actual Completion will be given to the Developer by the Director of Community Development of the City. FINANCIAL GUARANTEE The developer agrees to furnish the City with a Financial Guarantee in the form of a cash escrow,a bond issued by an approved corporate surety licensed to do business in the State of Minnesota and executed by the Developer as principal, or other Financial Guarantee as approved by the City Manager of the City,in the amount of$22,500. Such Financial Guarantee will continue in full force and effect until the City Council will have by motion approved and accepted all of the Work undertaken to be done,and will thereby have released the Surety and/or Developer from any further liability;provided however,that the City Council may by motion reduce the amount of the Financial Guarantee upon partial completion of the work,as certified by the City Manager. Such Financial Guarantee will be conditioned upon the full and faithful performance of all elements of this Agreement and upon compliance with all applicable Statutes,codes,and Ordinances of the City,and will further be subject to the following provisions which will be deemed to be incorporated in such Financial Guarantee and made a part thereof. NOTICE The City will be required to give prior notice to the corporate surety and the Developer of any default hereunder before proceeding to enforce such Financial Guarantee or before the City undertakes any work for which the City will be reimbursed through the Financial Guarantee. Within ten(10)days after such notice to it, the surety will notify the City in writing of its intention to enforce any rights it might have under this Performance Agreement or any Performance Bond by stating in writing the manner in which the default will be cured and the time within which such default will be cured, said time not to exceed sixty(60)days unless approved by the City. PC Performance Agreement Page 1 Revised 12-00 REMEDIES FOR BREACH At any time after the Completion date and any extensions thereof,or during the Maintenance Period,if any of the work is deemed incomplete, the City Council may proceed in any one or more of the following ways to enforce the undertakings herein set forth,and to collect any and all overhead expenses incurred by the Ci' in connection therewith,including but not limited to engineering,legal,planning and litigation expenses,bu the enumeration of the remedies hereunder will be in addition to any other remedies available to the City. 1) Completion by the _yCity. The City, after notice,may proceed to have the Work done either by contract, by day labor,or by regular City forces,and neither the Developer nor the Corporate Surety may question the manner of doing such work or the letting of any such contract for the doing of any such work. Upon completion of such Work the Surety and/or the Developer will promptly pay the city the full cost thereof as aforesaid. In the event that the Financial Guarantee is in the form of a Performance Bond,it will be no defense by the Surety that the City has not first made demand upon the Developer,nor pursued its rights against the Developer. 2) Specific Performance. The City may in writing direct the Surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Surety and/or the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City,the City may proceed in an action for Specific Performance to require such work to be undertaken. 3) Deposit of Financial Guarantee. In the event that the Financial Guarantee has been submitted in the form of a Performance Bond,the City may demand that the Surety deposit with the City a sum equal to the estimated cost of completing the work,plus the City's estimated overhead expenses as defined herein,including any other costs and damages for which the Surety may be liable hereunder,but not exceeding the amount set forth on the face of the Performance Bond,which money will be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinbefore specified,and the balance will be returned to the Surety. This money will be deposited with the City within ten(10)days,the City will have the right to proceed against the Surety with whatever legal action is required to obtain the deposit of such sum. 4) Funds on Deposit. In the event that the Financial Guarantee is in the form of cash,certified check,or other arrangement making the Financial Guarantee immediately accessible to the City,the City may, after notice to the Developer,deposit the Financial Guarantee in its General Account. The City may then proceed to complete the Work,reimburse itself for the cost of completion as defined hereunder, and return the balance to the Developer. PROCEDURES A copy of this Performance Agreement will be attached to the Corporate Surety Bond,if any, and reference to this Performance Agreement will be made in any such bond,but no corporate surety will assert as a defense to performance hereunder, any lack of reference in the bond to this Performance Agreement. The original and two copies of this Agreement,properly executed,together with the appropriate Financial Guarantee will be submitted to the City. IN WITNESS WHEREOF,the Developer and the City have executed this Agreement this day of 20� V\\ U Sigr&&e Print Name Developer Subscribed and sworn to efore me this dav of 20.x. Signature of NotarvU County Yy mnussioU,Ib };q,�JTZ t , PI euc,MINWESOTA I hl"<-;OMMISSION 1�'�' ` E.{F7RtS JAN.31,2005 Zoning Official PC Performance Agreement Page 2 Revised 12-00 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center,MN 55430 763-569-3300 COST ESTIMATE FOR PERFORMANCE AGREEMENT For the purpose of establishing a bond amount to guarantee site improvements approved under Planning. Commission No.,PW 3-009 , please complete the following checklist of improvements as they pertain to the project in question. Unless ptherwise requested, the improvements listed are those to be made on the site, not on public right-of-way. Noe_-Wept Type of Improvement Ou anti Unit Cost Grading Landscaping (Trees &.Shrubs) Sodding //2-6 Seeding Underground Irrigation G 5 ✓/DDO' Curb & Gutter (B612) 7`' Storm Sewer & Catch Basins lP/ 7z- Sidewalks Crq #w 5D >° 3 /�7 m Handicapped Ramps Fencing 3("00 Rooftop Screening Trash Enclosure Other as Specified �/rtlGyJiNotls iCdht�?/� �h�wl1 �-�a�- L'S LS � %.� r Total The cost estimate provided-is subject to verification by the City Manager prior to determination of a bond.. Bond amounts as a percentage of a verified cost estimate will vary depending on the size and nature of the project. l� Cost Estimate for Performance Agreement Revised 3-01 i 09536 '� 24 + 7 -ASHIER S CHECK 3 . .Office AU# 121 0(8) . 0953601172 Operatcrl.D.: mam2657 "; main2657 $eptembe r 02,2Ob3 PAYTO"THE ORDER OF *CITY O '"�BROOKLYN,CENTER**, *Twenty-two thousand five hundred dollars an d.no cents***. **$22,500.00`* i'WELLS FARGO BANK,N A n VOID I 'OVER US$ 22,5 0.00 PAYABLE IF DESIRED AT WELLS FARGO BANK MINNESOTA,N.A. ' I r 8460 ZANE AVE N ,`.• BROOKLYN PARK,MN 55443 '. 111 p V vq FOR INQUIRIES CALL(480)394-3122 T HORIZE SI(� A E 11509 5 360 L L 7 2115 0: L 2 L000 2481: 486 L S07` 2420 - -- City Council Agenda Item No. 6e i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: August 21, 2012 SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for an Event to be Held November 3, 2012 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on-sale liquor license submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for an event to be held November 3,2012. Background: St. Alphonsus Church, 7025 Halifax Avenue North, has submitted an application and permit for temporary on-sale liquor license for an event to be held November 3, 2012. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission:Ensuring an attractive,clears,safe,inclusive community that enhances the duality of life for all people and preserves the public trust ,60 W yfiz�,�� ` ?a Minnesota Department of Public Safety m ' ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 222,St,Paul MN 55101-5133 1 (65I)201-7507 Fax(651)297-5259 TTY(651)282-6555 " W W W.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A I TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER ST ALPHONSUS CHURCH 1959, ES 32045 STREET ADDRESS CITY STATE ZIP CODE 7025 HALIFAX AVE N BROOKLYN CENTER MN 55429 NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE MICHELLE KARLSON (763 503-3389 (76J-561-5100 DATES LIQUOR WILL BE SOLD TYPE OF ORGANIZATION` 11/3/2012 CLUR CHARITABLE/ RELIGIOUS,, OTHER NONPROFIT ORGANIZATION OFFICER'S NAME ADDRESS FR . PETER CONNOLLY , C . Ss . R, same as .above ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area,describe School /School g y m Will the applicant contract for intoxicating liquor service. If so,give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability insurance? If so,please provide the carrier's name and amount of coverage. C'athol i e Mutual Rel i'ef Service of America $-500 . 00 each occurrence APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL& GAMBLING ENFORCEMENT CITY/ OUNTY (SOD h 1 Y�P(Y DATE APPROVED CITY FEE AMOUNT a V 1 LICENSE DATES DATfjFEE PAID O� SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE:Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcobol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079(12/09) Date:81312012 Certificate of Coverage Ccrtlficote Holder —�—� ']'Ills Certificate is issued as a matter of Information only and Archdiocese:ol'Snint Paul and Minneapolis confers no rights upon the holder of this certificate.'rhis certificate Chancery Office does not amend,extend or alter the coverage afforded below. . 226 Summit Avenue St.1'<itt},MN 55102 Company AffordingCuverage THE CATHOLIC MUTUAL RELIEP --- SOCIETY OF AMERICA Covered Location 10543 OLD MILL RIB Church of St.Alphonsits OMAHA, NE 68154 7025 Halif ix Avenue North 3rooklyn Center,MN 554291394 Cui•crages `['leis is to certify that the coverages listed below have been issued to the certilleate holder nafned above for the certificate indicated,notwitlistanding any requirement,terin or condition of airy contract or other document with respect to which this certificate may be issued or may pertain,the coverage afforded described herein is subject to all the terms,exclusions and conditions of such coverage.Limits shown may have been reduced by paid claims. T Covernge Effective CovevAge Expirittion Type of Coverage Cerfificatc Number DAN Dntc l.iniits �...M Property _ Real&t'cmonaI Property General Lialiilfty b;aclr ilecnriruce 500,000 General Aggregate L!Ll Occarretaee Products-CongiloP Agg 8599 7/1/2012 7/112013 - (aoims'Madc Pm'amaa!&Adr btJuri I titre namngc(Any one tire) i Med Exp(Any uac person) i 1� xce,s Liability — ^—� —�_— Each Occurrence 500,000 9599 7/1/2012 711/2013 — ,tatr:ual Aggregrate Other Bach Occurrence (:fauns n9sete Annual.Aggregrate LiniitlCoverage ilescriptiun of i)per,atiunslt.uuetiunslvehicics,'Speclal ftems ((it(.,follimvunk buiguage supermles any other Iauguogc in this endorsonent or the Ceraffm(e in amfiicl vvitli this Inn{cage) Coveragc is verifled With regard to the Covered Location's 50th Anniversary School Reunion,to be hold in the school gymnasium and parish g!ounds,November 3,201?. Includes Liquor Liability, Holder of Ccrtirmite celleenallnal .... .__�....,........._...._._.._..�. Stoup any of the above described covet-ages be cancelled before.the expiration date thereof,the issuing company will City of'13rookiyn Center • endeavor to mail 30 _bays written notice to the holder of 6301 Shingic Creek Parkway certificate named to the left,but failure to tunil such notice shall Brooklyn,MN 55430 impose lro obligation or liability of any kind upon the company, its agt:uts or representatives, a*L Authorized Rcl>rescntativc _.__— ��' r UiIlU05;1?. �` S City Council Agenda Item No. 6f i COUNCIL ITEM MEMORANDUM DATE: August 23, 2012 TO: Curt Bo ane Y� City Manager FROM: Kevin Benner, Chief of Police SUBJECT: Acceptance of Auto Theft Prevention Grant amendment Recommendation: It is recommended that the City Council accept the additional award of the Auto Theft Prevention Grant from the Office of Justice Programs for the purchase of two license plate readers. Background: The Office of Justice Programs awarded the City of Brooklyn Center Police Department the Auto Theft Prevention Grant in the amount of$103,604,which was approved by the City Council resolution 2011-150 on November 14,2011. This award pays for the staff costs of the Auto Theft Officer until it expires on June 30,2013. Since that award,the City was made aware that additional funding had been made available from this grant for the purchase of equipment used to reduce auto theft. The City applied for two automatic license plate readers totaling$48,370 and received notice on July 30, 2012 that Brooklyn Center was awarded this additional amount for equipment. The automated license plate readers are camera devices that are attached to squad cars to read license plates on vehicles seen in public. These devices are able to read hundreds of plates an hour. The plates that are read are sent to the squad computer and checked against a state list of wanted or stolen vehicles in a matter of seconds. At this time,the auto plate readers will be programmed to search for wanted or stolen plates only and will not store data regarding the locations of where the plates were read. This additional award brings the total Auto Theft Prevention Grant amount to $151,974. The Auto Theft Prevention program supports the efforts of law enforcement, prosecutors, and non-profit organizations for the goal of reducing the incidence of auto theft in Minnesota. Budget Issues: The additional grant award is $48,370. There are no financial commitments required by the City. Council Goals: Strategic: 1. We will ensure a safe and secure community Ongoing: 1. We will provide streamlined,cost effective, quality services with limited resources. Mission:Ensuring an attractive,c(ena,safe cnnrnunriii that enhances the gan(iry of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING PROPOSED USE OF AUTO THEFT PREVENTION GRANT AMENDMENT WHEREAS, the City of Brooklyn Center has received an Auto Theft Prevention Grant amendment in the sum of$48,370 for the period of July 1, 2011 through June 30, 2013; and WHEREAS, it has been proposed that the City would use grant funds to purchase license plate readers used in an auto theft prevention campaign; and WHEREAS, the total amount of the Auto Theft Prevention Grant is increased from $103,604 to $151,974 to account for the purchase of these tools to aid in auto theft prevention efforts; and WHEREAS, the City wishes to maximize the effectiveness of the use of these grant funds. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be and hereby is authorized as part of the previously authorized staffing authorization for police officers, to accept and implement the proposed auto theft prevention grant August 27, 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. City Council Agenda Item No. 6g COUNCIL ITEM MEMORANDUM DATE: August 22, 2012 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Amend 2012 City Council Meeting Schedule Recommendation: It is recommended that the City Council consider amending the 2012 City Council meeting schedule as follows: 1. Add Special ecial Budget Work Session with Financial Commission at 6:30 p.m. on Thursday, August 30, 2012. Background: Budget Issues: There are no budget issues to consider. ?ilissiow Ensuring an attractive,clean,safe comununity that enhances the quality of life and preserves the public trust City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM DATE: August 27, 2012 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist t� THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Recommended Disposition of Planning Application No. 2012-017 - Submitted by Omar Abuisnaineh to Rezone Property Located at 6901- 6915 Brooklyn Boulevard from C-1 (Service/Office) and C-2 (Commerce) to PUD/C-2 (Planned Unit Development-Commerce) District and Approve a New Development Site Plan AND An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the Northwest Quadrant of the City, located at 6901 and 6915 Brooklyn Boulevard - Motion to approve first reading and set second reading and Public Hearing for September 24, 2012 Recommendation: f It is recommended that the City Council, following consideration of this planning application item, adopt the Resolution regarding the recommended disposition of Planning Application No. 2012-017, submitted by Omar Abuisnaineh to rezone property located at 6901-6915 Brooklyn Boulevard, from C-1 (Service/Office) and C-2 (Commerce) to PUD/C-2 (Planned Unit Development-Commerce) District and approve a New Development/Site Plan. Subsequent to this action, it is recommended the Council consider the first reading of the attached Ordinance amending Chapter 35 of the City Code of Ordinances, and offer a motion to schedule a public hearing and 2nd Reading of said Ordinance for the September 24, 2012 meeting. Background: On August 16, 2012 the Planning Commission conducted a public hearing on Planning Commission Application No. 2012-017. At this meeting, a planning report was presented, along with a visual presentation of the proposed PUD plans. A public hearing was opened and public comments received, which were all noted for the record (see attached 08/16/12 PC Minutes). The Planning Commission considered both elements of this new PUD, which includes the rezoning and development/site plan of the subject site. This development/site plan involves the modification and addition of a new parking lot to accommodate 25 new parking stalls to the property located north of the proposed restaurant site. The Developer in this PUD request acquired this property to the north (6915 Brooklyn Blvd.) and intends to remove the functionally j obsolete residential structure on this property to make room for this additional parking area. Mission:Ensuring an attractive,cleall,safe,inchlsive eonununio) that enhances the quaNtr'of llf� for all people and preserves the public trust i COUNCIL ITEM MEMORANDUM The PUD was necessary to provide the Developer with needed "flexibility" in meeting certain site design criterion, specifically a reduced buffer space requirement from the adjacent residential zoned properties and a reduced parking setback from Brooklyn Blvd. right-of-way. At the September 24, 2012 public hearing date, the City Council will provide final consideration of this PUD rezoning and the related final development/site plan. Attached for the City Council's review is the August 161h Planning Commission Report regarding Planning Application No. 2012-017, along with Planning Commission Resolution No. 2012-018, in which the Commission adopted a favorable and unanimous recommendation of the PUD rezoning and development/site plan. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will proceed aggressively with implementation of City's redevelopment plans. 4. We will improve the city's image. �I I 1lfission:Ensuring an attractive,clear,safe,inclusive community that mantes the quality ofgfe .for all people and preserves the public trust I CURRENTZONING 1LLOU'u R5 `CHOO �+ R5 I R5 R5 rr< m D —E NK R5_ m 70TH AVE N Z zXl` Z . PUDIC2 w PUDIC2 Q LOW LANE PAR 4 PuD/c2 z w 1 C2 I PUDIC2 \ 69TH AVE�C�o� O ` C2 (� C1 $ ._ `zm� C2 "NQ.S. POST C2 `G A r `E �_ C2 D < C2 < I m I ��C2 — z 68TH AVE N - I� I 68TH AV-E- PROPOSED RE-ZONING WILLOW r'` R5� SCHOOL,_ k R5 R5 m D A N M5 m 70TH AVE N �z C1 Z . PUDIC2 w Z PUDIC2 W Q WILLOW LANE PARf�"�a' Q ` PUDIC2 z —o iW < _ "�8 f _� J�` I PUDIC2 Z 1 - �4 \ 69TH AVE PUD/11 O C2 \f C� ST C2 C2 D r' UPPtt--ICE C C2\. m m C2 z D 68TH AVE N = I 68TH A N Z C) O C2 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-017 SUBMITTED BY OMAR ABUISNAINEH TO REZONE PROPERTY LOCATED AT 6901 - 6915 BROOKLYN BOULEVARD FROM C1 (SERVICE/OFFICE) AND C2 (COMMERCE) TO PUD/C2 (PLANNED UNIT DEVELOPMENT/ COMMERCE) DISTRICT AND APPROVE A NEW DEVELOPMENT/SITE PLAN WHEREAS, Planning Commission Application No. 2012-017 submitted by Omar Abuisnaineh proposes a Rezoning from Cl (Service/Office) and C2 (Commerce) to PUD/C2 (Planned Unit Development/Commerce) District and approval of new Development/Site Plan for the properties located at 6901 and 6915 Brooklyn Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property to facilitate the planned and future expansion of a proposed parking lot addition on the subject properties; and WHEREAS,the Planning Commission held a duly called public hearing on August 16, 2012, whereby a planning report was presented and public testimony regarding the rezoning and development plan were received,and WHEREAS, the subject properties are identified and guided in the 2030 Comprehensive Plan as OS/RB (Office-Service and Retail Business) use, and the proposed PUD/C2 Zoning comprehended under this application would be consistent with this underlying land use category; 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, along with the provisions and standards of the C2 (Commerce) district contained in Section 35-322, along with the provisions and standards of the Planned Unit Development district contained in Section 35-355 of the City's Zoning Ordinance; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center does recommend to the City Council that Application No. 2012-017 be approved based upon the following findings: A. The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values and civic pride in this neighborhood area; i RESOLUTION NO. B. The rezoning and its related development proposal will not be a detriment to the neighborhood, and should provide a positive effect on the community; subject to the site plan issues being fully resolved by the City and Applicants; C. The rezoning will facilitate the redevelopment plan of this site, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan. D. The proposed zoning is consistent and compatible with the surrounding land use classifications; E. The proposed rezoning will provide an opportunity to provide an ideal redevelopment of a targeted area for the community's commercial sector, especially within the Brooklyn Boulevard corridor area, and will help stimulate new investments in the neighborhood and community. F. The proposed rezoning will enhance and strengthen City Center's economic viability and status in the regional market place by the following supporting statements: i. helps to increase employment opportunities, tax base and eliminates a vacant commercial building site; ii. provides for the redevelopment of a potentially obsolete and underutilized site into a use(s) that address needs in the marketplace; iii. The proposed rezoning and related development plan will provide an opportunity to create a new zoning district provides for a more flexible use of the commercial site and which encourages good design. G. 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. I RESOLUTION NO. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center further recommends to the City Council that Application No. 2012-017 be approved subject to the following conditions and considerations: 1. All conditions noted in the City Engineer's Review Memorandum (dated 08/06/12) and all other subsequent or updated conditions required by the City Engineer are submitted and/or fulfilled. 2. The Applicant must apply for and receive final plat approval to combine the two parcels under this PUD. No work on the parking area will be permitted unless authorized by the City Engineer. 3. The Applicant shall provide additional opaque screening fence, minimum 6-feet in height, along the entire westerly and northerly boundaries of the subject site. 4. Applicant shall provide additional fencing and/or screening to a minimum of 3 to 3.5 feet in height within the 10-foot green-strip setback area between the new parking area and Brooklyn Boulevard. Landscaping will be installed along this fencing area and be adjusted accordingly to the new fence's opacity, with plant materials and amount to be determined and approved by the City's Business and Development Director. 5. The Applicant shall submit a photometric plan for all new lighting on this site. All new lighting shall meet or exceed those requirements established under Section 35-712 of the City Ordinance. The review and final considerations must be completed under the building permit and/or land disturbance permit review. 6. 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. 7. The Applicant shall enter into and execute a new PUD development agreement as prepared by the City Attorney. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the findings and considerations to comprehend the approval of Planning Application No. 2012-017, as determined by the Planning Commission, are hereby accepted, and the request for the Rezoning from Cl (Service/Office) and C2 (Commerce) to PUD/C2 (Planned Unit Development/Commerce) District and approval of new i RESOLUTION NO. Development/Site Plan for the properties located at 6901 and 6915 Brooklyn Boulevard, is also hereby approved and subject to the same conditions memorialized in this resolution. August 27, 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. I CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the.24th day of September , 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 lands, generally located in the northwest quadrant section of the City of Brooklyn Center, located at 6901 and 6915 Brooklyn Boulevard. 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 NORTHWEST QUADRANT SECTION OF THE CITY OF BROOKLYN CENTER, LOCATED AT 6901 AND 6915 BROOKLYN BOULEVARD. 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 35-1170. SERVICE/OFFICE DISTRICT (Cl). The following properties are hereby established as being within the (Cl) Service/Office District zoning classification: Lots 1 through-5 4,Block 1, Sunset Manor Addition. AND Section 35-1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: Tfae4 A, 1?egistefe T .,n Survey Svey . 1163. AND 1 i 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: 4. The following properties are designated as PUD/C2 (Planned Unit Development/Commerce): Lot 1, Block 1, MONTY ADDITION. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 2012. Mayor ATTEST: City Clerk Date of Publication { Effective Date (Note: (Stpi�text indicates matter to be deleted, while underline indicates new matter.) 2 Commissioner Leino introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2012-18 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-017 SUBMITTED BY OMAR ABUISNAINEH TO REZONE PROPERTY LOCATED AT 6901 - 6915 BROOKLYN BOULEVARD FROM C-1 (SERVICE/OFFICE) AND C-2 (COMMERCE) TO PUD/C-2 (PLANNED UNIT DEVELOPMENT— COMMERCE) DISTRICT AND APPROVE A NEW DEVELOPMENT/SITE PLAN WHEREAS, Planning Commission Application No. 2012-017 submitted by Omar Abuisnaineh proposes a Rezoning from C-1 (Service/Office) and C-2 (Commerce.) to PUD/C-2 (Planned Unit Development —Commerce) District and approval of new Development/Site Plan for the properties located at 6901 and 6915 Brooklyn Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property to facilitate the planned and future expansion of a proposed parking lot addition on the subject properties; and WHEREAS,the Planning Commission held a duly called public hearing on August 16,2012,whereby a planning report was presented and public testimony regarding the rezoning and development plan were received, and WHEREAS, the subject properties are identified and guided in the 2030 Comprehensive Plan as OS/RB (Office-Service and Retail Business) use, and the proposed PUD/C2 Zoning comprehended under this application would be consistent with this underlying land use category; 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, along with the provisions and standards of the C2 (Commerce) district contained in Section 35-322, along with the provisions and standards of the Planned Unit Development district contained in Section 35-355 of the City's Zoning Ordinance; and 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. 2012-017 submitted by Omar Abuisnaineh be approved based upon the following findings: A. The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values and civic pride in this neighborhood area; i PC RESOLUTION NO. 2012-18 B. The rezoning and its related development proposal will not be a detriment to the neighborhood, and should provide a positive effect on the community; subject to the site plan issues being fully resolved by the City and Applicants; C. The rezoning will facilitate the redevelopment plan of this site, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan. D. The proposed zoning is consistent and compatible with the surrounding land use classifications; E. The proposed rezoning will provide an opportunity to provide an ideal redevelopment of a targeted area for the community's commercial sector, especially within the Brooklyn Boulevard corridor area, and will help stimulate new investments in the neighborhood and community. F. The proposed rezoning will enhance and strengthen City Center's economic viability and status in the regional market place by the following supporting statements: i. helps to increase employment opportunities, tax base and eliminates a vacant commercial building site; ii. provides for the redevelopment of a potentially obsolete and underutilized site into a use(s) that address needs in the marketplace; iii. The proposed rezoning and related development plan will provide an opportunity to create a new zoning district provides for a more flexible use of the commercial site and which encourages good design. G. 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. PC RESOLUTION NO. 2012-18 BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2012-017 submitted by Omar Abuisnaineh be approved subject to the following conditions and considerations: 1. All conditions noted in the City Engineer's Review Memorandum (dated 08/06/12) and all other subsequent or updated conditions required by the City Engineer are submitted and/or fulfilled. 2. The Applicant must apply for and receive final plat approval to combine the two parcels under this PUD. No work on the parking area will be permitted unless authorized by the City Engineer. 3. The Applicant shall provide additional opaque screening fence, minimum 6-feet in height, along the entire westerly and northerly boundaries of the subject site. 4. Applicant shall provide additional fencing and/or screening to a minimum of 3 to 3.5 feet in height within the 10-foot green-strip setback area between the new parking area and Brooklyn Boulevard. Landscaping will be installed along this fencing area and be adjusted accordingly to the new fence's opacity, with plant materials and amount to be determined and approved by the City's Business and Development Director. 5. The Applicant shall submit a photometric plan for all new lighting on this site. All new lighting shall meet or exceed those requirements established under Section 35-712 of the City Ordinance. The review and final considerations must be completed under the building permit and/or land disturbance permit review. 6. 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. 7. The Applicant shall enter into and execute a new PUD velopment agreement as prepared by the City Attorney. August 16, 2012 - Date Chair l PC RESOLUTION NO. 2012-18 i c ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Member Parks and upon vote being taken thereon, the following voted in favor thereof: Chair Rahn, Commissioners Burfeind, Kuykendall, Leino, Morgan, Parks and Schonning, and the following voted against the same: None i whereupon said resolution was declared duly passed and adopted. l Cin„! CENTER Planning Commission Report Application Filed on 07/18/12 Meeting Date: August 16,2012 City Council action should be taken by 09/17/12 (60 Days) Application No. 2012-017 Applicant: Omar Abuisnaineh Location: 6901 - 6915 Brooklyn Boulevard Request: Rezoning from C-1 (Service/Office) and C-2 (Commerce)to PUD/C-2 (Planned Unit Development—Commerce) and Approval of new Development/Site Plan INTRODUCTION Omar Abuisnaineh is requesting rezoning from C-1 (Service/Office) and C-2 (Commerce) to new PUD/C-2 (Planned Unit Development—Commerce) and approval of new Development/Site Plan. Along with this zoning request is the consideration of a related Development/Site Plan of a parking lot addition to the existing 3,700 sq. ft. retail building. This PUD is planned for the expansion of the subject site to accommodate a new sit-down/convenience food restaurant facility, with continued drive-thru window services. The property is located at 6901 Brooklyn Boulevard. This report will provide background information, an analysis, and suggested recommendations to this rezoning and development/site plan request. This item is being presented under a public hearing, with proper notice published in the local newspaper and mailed to the surrounding property owners. BACKGROUND The 6901 Brooklyn Blvd. property was the former Starbuck Coffee restaurant site, which was approved in 2006 and completed in 2007. The original intent of this 3,700 sf. building was to accommodate a new Starbucks coffee shop along with one or two other speculative retail/service tenants. These tenant spaces never materialized and the Starbucks closed down in 2010 after three years of business. The main parcel is 0.58 acres (25,414 sf.) in area and is currently zoned C2 (Commerce). The adjacent 6915 Brooklyn Blvd. is 0.22 acre (9,635 s£) lot, which used to contain a small residential dwelling(now removed) is situated in the C1 (Service-Office)zone. The Applicant is proposing a new "Slim's Pizza" restaurant, with indoor seating and drive-thru service lane, and is currently remodeling the entire building area and must expand the on-site parking to accommodate additional indoor/customer seating. To provide this additional parking, the Applicant acquired the residential home to the north of the subject site, which has since been removed and awaits redevelopment of the additional parking area. PC 08-16-12 Page 1 of 16 SITE/AERIAL MAP LOCATION IN � I f A yi k � '': .ice � .� ` 1,• ,.. �,t� .ti aen+Ave u - r .ell., — fM I l l PUD CONSIDERATIONS The Planned Unit Development process involves the rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district (in this case C-2) would apply to the development proposal. One of the purposes of the PUD district is to give the City the needed flexibility in allowing Developers to address specific site redevelopment issues or problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. The Planning Commission's attention is directed to Section 35-355 of the city's zoning ordinance, which addresses Planned Unit Developments. In this particular case, the Applicant is seeking modifications to allow a less than 15 ft. parking setback and green-strip requirement along a public street line, or this case, a 10-foot setback/green-strip from Brooklyn Boulevard; and allow a substantial reduction to the required 35-foot buffer requirements where a C2 development abuts an R1 district. The less than 15 ft. green strip along Brooklyn Boulevard is consistent with other city approvals that have allowed such a green strip along a major thoroughfare where decorative screen walls or other screening devices have been used. According to previous city approved developments and PC 08-16-12 Page 2 of 16 planning reports, the Brooklyn Boulevard Market development directly across the street (east) of the subject site, was approved with a reduced parking setback along Brooklyn Blvd. subject to the developers proving a combined wrought-iron fence with decorative brick pillars, filled in with various types of landscaping shrubs (See attached Area Street Level Photos). A few commercial developments in the old Brookdale Mall area situated along Xerxes Avenue and County Road 10 were allowed reduced green-strip or parking setbacks subject to these added screening devices. Also, a gas station was originally designed and approved for this same northwest corner of 691h and Brooklyn Boulevard (never built) and yet it too was approved with less than 15-ft. green strip offset by a 3 '/2 ft. high decorative wall. Provisions for screening devices and suggested alternatives will be made later in this report, under the Site and Building Plan review. REZONING ANALYSIS The subject site is surrounded by Cl properties to the north, RI-One Family and R-4 Multiple Family Residence to the west; C2 to the south; and PUD/C2 to the east. The current land use designation of this site is under the City's 2030 Comprehensive Plan is OS/RB (Office-Service Business and Retail Business). ZONING MAP LAND USE PLAN MAP Y c„ i F'51 f%J£* C7,��'•' rr - WILLOI SCHOO •.`_ .i RS R5 R6 M N Rs K m 7 VE N c� Z C z uorcz Z- 2 W . OS/RB IILLOW LANE PAR a y Puor - o X .` cz \\ Z! \ `.2 D m� ' `\ S POST 2 ,. x1 frl OFFICE \ 2\ ca a A 68th 68TH AVE N With the two differing commercial zoning districts affecting these properties, and Mr. Abuisaineh's desire to combine these two properties into one single (user) parcel, along with the need to reduce setbacks and buffers for the parking area, Planning Staff recommended the Applicant submit an application requesting a new PUD. The benefit of this PUD will provide a new single zoning over the two parcels, but also provide some flexibility to Mr. Abuisnaineh's redevelopment/expansion plans presented under this PUD Development/Site Plan. The combining of these two parcels will be considered under separate application for a new preliminary plat to be titled "Monty Addition". PC 08-16-12 Page 3 of 16 i As with all rezoning requests, the Planning Commission must review the proposal based on the Rezoning Evaluation Policy and Review Guidelines contained in the zoning ordinance. The policy states that rezoning classifications must be consistent with the City's Comprehensive Plan and must 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: a. Is there a clear and public need or benefit? It is staff's opinion that this development proposal can be seen as meeting a clear and public need or benefit as it is consistent with the redevelopment criteria established by the City and also consistent with the City's Comprehensive Plan. The planned improvements on the site will provide an opportunity to the Applicant to successfully expand and install additional parking needed for his new restaurant, and eliminate a vacant building site along this important arterial roadway system. The redevelopment will provide an increase to the tax base in the community and may provide additional full-time employment opportunities. Staff believes this development will not be a detriment to the neighborhood, and should have a positive effect on the community. The restaurant and parking expansion proposed by the Applicant are certainly consistent with what is acknowledged in the Comprehensive Plan; and the combination of the two parcels under a unified (new) Planned Unit Development designation rather than using the standard zoning, provides the flexibility the Applicant seeks in expanding this site. Overall, this development plan is compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan. b. Is the proposed zoning consistent and compatible with the surrounding land use classifications? Staff believes the proposed PUD zoning would be consistent with other surrounding land uses, as the existing building will remain and the parking is a simple expansion of this use. The current Cl and C2 zoning have been in place for a number of years, and combination of these two parcels under a unified PUD/C2 zoning should not cause any real disruptions or negative impacts upon the surrounding uses. The expansion of the parking is minimal and should also have little to no effect on these surrounding land uses, including the single family uses. In fact, the single family (residential) uses to the north in the C1 Zone are legal non- conforming uses by City Code, and the other remaining R1 single-family and R4 areas are planned to become OS/RB uses in the future. c. Can all proposed uses in the proposed zoning district be contemplated for development of the subject property? Under this proposed PUD and the related development/site plan, the proposed use as a PC 08-16-12 Page 4 of 16 restaurant and parking area all allowable and permitted uses in the C2 District. The creation of this PUD will allow for limited flexibility to the Applicant in providing reduced buffer requirements, which will be addressed under the Development/Site Plan review. The City will identify and provide under a future PUD agreement certain restrictions and uses allowed or approved for this site, and may identify and provide for needed standards or requirements as the development dictates or as the Planning Commission and City Council require. d. Have there been substantial physical or zoning classification changes in this area since the subject property was zoned? In terms of physical and/or zoning classification changes, this area of Brooklyn Boulevard (including the subject site and the immediate surrounding properties) has seen some of the most significant changes approved or experienced by the City, especially the last 10-12 years. In the early 1990's, the City commissioned a Brooklyn Boulevard Amenities Study, which planned for certain roadway and amenity improvements along this corridor, from I-694 northward. Brooklyn Boulevard began seeing improvement installed in 2000-2002 as part of the Hennepin County project, which included widening the roadway, new medians, trails and sidewalks and decorative street lighting. The project also included the City's coordination of various landscape amenities as part of this reconstruction, which included landscaping nodes placed at the corners; colored concrete pavers; ornamental iron fences; ornamental benches; landscaping islands, and ornamental pedestrian light fixtures. Most of these improvements are evident today, especially in and around this Brooklyn Blvd. and 69ttt Avenue intersection. In 2002, the `Boulevard Market" properties to the east of the subject site (directly across from Brooklyn Boulevard) were developed, which included a rezoning of a number of R1 One Family Residence properties along with various commercial establishments zoned as C2 (Commerce), all of which were combined (replatted) and rezoned into a new overall PUD/C2 district. The PUD plans approved a 3,960 s£ Super-America convenience store/gas station/car wash; a 4,230 sf.restaurant or retail building; a 4,538 sf. Culver's Restaurant; and a 21,500 sf. multi-tenant retail building. Most of this development is complete except for the 4,230 s£ retail site. As part of this PUD plan approvals, the City authorized the reduction of parking/drive aisle setbacks and green strips along the Brooklyn Boulevard corridor, plus a significant reduction in the 35-foot buffer requirements from the adjacent residential neighborhood. Another significant change farther away, but near the area is the Northwest Family Services Center/CEAP office improvements at the corner of Brooklyn Blvd. and 71St Avenue N. This new PUD allowed the use of specific setback standards to provide green and open space areas from the existing neighborhood, flexibility in the location of interior lot lines, parking and structured parking setbacks, and the ability to deviate from the dedication of the standard side yard drainage and utility easements. One of the most significant and recent change in the area occurred in 2011, when the City re- authorized the PUD rezoning and an updated Development/Site and Building plans for the i PC 08-16-12 Page 5 of 16 new Luther Honda and Luther Toyota City dealerships, which are located at the southeast corner of Brooklyn Boulevard and 69th Avenue (kiddy-corner from the subject). Brooklyn Boulevard, from I-694 to the south city boundary line, is currently undergoing its own separate and extensive evaluation and corridor study by a city consultant firm. The report intends to provide a number of findings and recommendations regarding land use and zoning issues; traffic, transportation and intersection improvements; sidewalk and trail options; and landscaping and lighting options or alternatives. At this time, there are no other major or significant changes to the area of Brooklyn Boulevard near the subject site. e. In the case of City initiated rezoning proposals, is there a broad public purpose evident? This evaluation criterion is not applicable in this case because it 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? We believe that, the proposal will bear fully the development restrictions for this Planned Unit Development without any significant deviations or modifications from the standard ordinance requirements. The property line abutments will have sufficient buffer, setback and screening as called for in the ordinance. g. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration,topography or location? As noted previously, the subject site currently contains a 3,700 sq. ft. retail building, a 20-car parking lot; and a 0.22 acre vacant parcel of land. The combined area of the two parcels will be approx. 0.8 acres. The approvals of the former Starbucks/multi-tenant retail building on the main parcel site was evaluated and met the zoning and development standards established under the C2 zoning district in 2006. The continuation of this use and expansion of the building's parking area is generally suited for this area and those permitted under the current [underlying] C1 and C2 zoning districts. The Applicant intends to combine these two parcels together under a replatting process, which eliminates another driveway conflict onto Brooklyn Boulevard. Generally speaking, it is the City's position that inappropriate single family residential uses in the Brooklyn Boulevard corridor should be replaced with other uses. Numerous access points for single family residential homes on Brooklyn Boulevard cause potential traffic problems. Consolidating, eliminating and reducing access points on Brooklyn Boulevard are considered a benefit. To continue with the residential use would be inappropriate. Consolidation is necessary for commercial redevelopment. 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? PC 08-16-12 Page 6 of 16 i III The new PUD/C2 zoning should comply with the current 2030 Comprehensive Plan, particularly the land use plan, which identifies this area, and the entire block, as a preferred OS/RB land use. The Applicant's desire of combining parcels along Brooklyn Boulevard works best to effectively control development and traffic in this busy corridor. Through the Planned Unit Development process, the City can negotiate controls of land use as promotion to the community's best interests. A restaurant or retail land use falls reasonably within the established surrounding land uses and for those planned in this sector of the city. In general, Staff would support this PUD proposal as it does appear to have merit beyond just the particular interests of the developer and should lead to redevelopment that can be considered consistent and compatible with surrounding land uses. The proposal is consistent with the City's Comprehensive Plan for this area and can be considered in the best interests of the community. i. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Staff believes that the new zoning has merit beyond just the particular interests of the City and/or the developer(s), in that it provides an ideal opportunity for a planned unit development which provides for an ideal opportunity to keep a relatively new commercial building intact, occupied and functional for its intended use. This new PUD zoning will assist in the redevelopment and transformation of this site that can be consistent and compatible with surrounding land uses. The zoning would provide an opportunity for quality development that is consistent with the City's Comprehensive Plan and be considered in the general best interests of the community. DEVELOPMENT PLAN/SITE & BUILDING PLAN REVIEW The Development Plan for this PUD is relatively simple. The plans call for leaving the main building intact, with no major changes to the exterior or main parking areas. The primary improvements to be made include adding 25 new parking stalls on the newly acquired lot at 6915 Brooklyn Blvd.; extending and installing new screening fence and landscaping along the westerly and northerly perimeters of the site; and closing off the old driveway that served 6915 Brooklyn Blvd. Afterwards, the site will have 38 new and existing stalls to serve this restaurant use. ❖ BUILDING The Applicant's building is primarily a 4 x 8 inch field brick, red in color exterior in combination with a smooth finish concrete masonry unit, limestone in color. The rear of the building is a concrete masonry unit painted to match the field brick color. Anodized aluminum storefront system with insulated aluminum panels are proposed at the southeast corner of the building with anodized storefront. There are no changes or additions planned for this building, other than those improvements being made under an interior remodeling [building] permit. i PC 08-16-12 Page 7 of 16 I ❖ ACCESS/PARKING Access to the subject site is to be gained through two 24 ft. wide curb cuts, one located at the northerly portion of the site along Brooklyn Boulevard and the other on the southerly portion of the property on 69th Avenue North. These are both right-in/right-out only accesses due to the existing medians in Brooklyn Boulevard and 69th Avenue North, both of which roadways are controlled by Hennepin County. HC officials have indicated that only one access would be granted to this site off each roadway segment, and median cuts to allow full-turning movements would not be warranted or allowed at this time. Vehicles entering the site from Brooklyn Blvd. and wishing to park will have the ability to go straight, left or right and locate a parking space. Vehicles that wish to use the drive-thru service lane will need to turn right, maneuver around the northerly parking drive-aisle and enter into the re-established drive-thru lane along the westerly boundary of the subject site. The drive-thru service lane as it exists today is being shut-off to accommodate this new traffic movement, as a recommendation by the City Engineer. Vehicles that enter from the south will have no option but to turn right into the parking area, and may choose to either park or drive northerly through the remaining parking areas and enter the drive-thru service lane as noted previously. The site plans to incorporate 3 8 total parking spaces. The new restaurant [building permit] plans indicate seating for 68 patrons. Code requires 1 space per 2 seats, plus 1 space for each 2 employees. The Applicant indicated that up to 4-6 employees will serve the restaurant at one time, and required parking should be calculated as follows: • 68 seats/2= 34 spaces • 6 employees/2=3 spaces ® Required number of parking=37 spaces. The City allowed restaurants in the new Shingle Creek Crossing development to park at 10 spaces per 1,000 s£ of GFA—or in this case: 3,700/1000= 3.7 x 10 = 37 spaces. The drive-up lane servicing the existing food pick-up window will remain on the west side of the building and maintained as a one-way drive. Two way driving lanes will serve the parking adjacent to Brooklyn Boulevard and on the north end of the site. Traffic control signs indicating the one way nature of this drive-thru lane, along with painted arrows on the parking surfaces, will need to remain or be posted at the southerly end of the building. ❖ GRADING/DRAINAGE/UTILITIES The applicant has provided preliminary grading, drainage,utility and erosion control plans which have been reviewed by the Director of Public Works/City Engineer. These comments are attached for the Commission's review. Sanitary sewer and water connections are existing and there are no changes anticipated with this PUD improvement plan. The new parking area is panned to have two new storm-water catch basins installed, and connections made to the site's existing storm water systems. B-612 curb and gutter is to be provided around all driving and PC 08-16-12 Page 8 of 16 i parking areas in accordance with city ordinances. •:° LANDSCAPING/SCREENING Landscaping is based upon the Landscape Point System used by the City in any new multi- family, retail/service or industrial development. For restaurant/retail/service uses, sites under 2 acres are required to provide up to 80 landscape points. When the existing building was constructed in 2007, the site and building plan was approved with 80 landscape points, which consisted of four Swamp White Oak trees, two Scotch Pines and one Black Hills Spruce, four Spring Snow Crab and 44 shrubs including Dwarf Burning Bush, Ivory Halo Dogwood, Endless Summer Hydrangea, and Teschney Arborvitae. For all intents and purposes, this site met these landscaping requirements at that time. Even with the additional parcel to the north and parking area, the site would still need to attain 80- points, and existing/remaining trees may be counted or calculated towards meeting this point system. The applicant did not submit a separate landscape plan as part of this PUD plan packet, but does provide landscaping notes or items on the Dimension/Removal Plan and Grading Plan. The Applicant intends to plant four additional deciduous trees along Brooklyn Blvd.; three coniferous trees near the northwest coiner; and five new shrubs along the north boundary line. Pursuant to City Code Sect. 35-711 — Parking Lot Screening- all parking areas abutting residential lots must be screened by a solid wall or opaque fence at least 6-feet in height. The main building site (6901 Brooklyn Blvd.) currently has a 6-foot high, white vinyl maintenance free screening fence along the westerly and northerly boundary lines. This fence was installed as i part of the site and building plan approvals of 2006. As part of this PUD consideration, Staff is requiring that a similar style fence be used to screen the new expanded parking areas from these other residential uses. v',,y'/y'�Ic,II•a,st>'' 1\��/.^� ".VJ �\� \\ FENCING TO EE REMOVED `• NEINIEXPANDED :�\` .°` ----LOT I, aoa�oG SCREEN FENCE \04 10 ' .P ' - EXISTSTING SSCREEN F S ENCE -- - 1`•'` \` ,` s., / aES,�,• �, , ou PC 08-16-12 Page 9 of 16 i I As noted in the PUD Considerations section of this report, other developments throughout the City were allowed with reduced buffers or parking/green-strips setbacks when it was deemed appropriate or reasonable, and in some cases if added screening measures/devices were provided. Under this PUD process, the City can prescribe reasonable alternatives or measures as part of any "trade-off' in allowing reduced buffers or setbacks. In Staff's opinion, the extension of the 6-foot high [maintenance-free] fencing along the westerly and northerly lines appears adequate and should provide suitable buffering from the abutting residential uses. The approvals of the original Starbuck's Coffee shop site did not require any added screening or landscaping along Brooklyn Boulevard or 69th Avenue, primarily because the development met the required 15-foot setbacks along these roadways. If the City should agree to accept these reduced setbacks and buffers, additional screening along Brooklyn Boulevard may be warranted. Due to the fact vehicles will be parked facing out towards Brooklyn Blvd. and headlight wash could be potentially an issue, Staff would suggest the Applicant provide additional screening along this area. Options could include a similar picket style fencing as seen along the adjacent neighboring R4 property located at 4408 — 69th Avenue North (see attached photo) or a similar style wrought-iron fencing and landscaping screening as seen across the street in the Brooklyn Market development. The new fencing would only need to be approximately 3 to 3-%2 -feet in height, with said fence/landscaping installed within the proposed 10-foot green-strip portion between the new parking lot area and Brooklyn Blvd. Should the Commission feel more inclined, this fencing/landscaping screen could be extended all along the other portions of the existing parking areas, all the way down to the 3-car space area located near the southeast corner. The Planning Commission should make a determination as to the adequacy of the screening plan and provide recommendations on this plan at the public hearing. LIGHTING/TRASH City ordinance require that all exterior lighting be provided with lenses, reflectors or down-cast 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 submittal and review of a photometric plan indicating,all new and existing lighting must be submitted prior to any issuance of building permits. The Applicant did not submit a detailed lighting plan for this site, but due to the relatively small nature (size) of the new parking are, Staff is confident all new lighting should be minimal and will meet or exceed those requirements established under Section 35-712 of the city ordinances. This review and final considerations can be accomplished under building/land disturbance permit review. i All trash is handled in the existing trash enclosure area located along the southwest corner of the building. There are no plans to relocate this enclosure to the new parking areas. PC 08-16-12 Page 10 of 16 RECOMMENDATION For all intents and purposes, the rezoning element of this combined PUD application (rezoning and site plan) can be given a favorable recommendation by City Staff, since we believe the rezoning portion meets the criterion used to evaluate such change, and the proposed concept plan associated with this PUD would be an acceptable means of achieving what the Applicant seeks in the redevelopment of this site. With that in mind, Staff recommends the Planning Commission consider the zoning change of this site from Cl (Service-Office) and C2 (Commerce) to new PUD/C2 (Planned Unit Development — Commerce) district, based on the following findings, which are also memorialized in the attached Planning Commission Resolution No. 2012-18: A. The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life,property values and civic pride in this neighborhood area; B. The rezoning and its related development proposal will not be a detriment to the neighborhood, and should provide a positive effect on the community; subject to the site plan issues being fully resolved by the City and Applicants; C. The rezoning will facilitate the redevelopment plan of this site, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan. D. The proposed zoning is consistent and compatible with the surrounding land use classifications; E. The proposed rezoning will provide an opportunity to provide an ideal redevelopment of a targeted area for the community's commercial sector, especially within the Brooklyn Boulevard corridor area, and will help stimulate new investments in the neighborhood and community. F. The proposed rezoning will enhance and strengthen City Center's economic viability and status in the regional market place by the following supporting statements: i. helps to increase employment opportunities, tax base and eliminates a vacant commercial building site; ii. provides for the redevelopment of a potentially obsolete and underutilized site into a use(s)that address needs in the marketplace; iii. The proposed rezoning and related development plan will provide an opportunity to create a new zoning district provides for a more flexible use of the commercial site and which encourages good design. { i PC 08-16-12 Page 11 of 16 With these findings, Staff recommends the Planning Commission provide a recommendation to the City Council to authorize the change of zoning of the subject site from Cl (Service-Office) and C2 (Commerce)to PUD/C2 (Planned Unit Development—Commerce) district, and approval of the related Development/Site Plan of the subject site, subject to the following conditions: i 1. All conditions noted in the City Engineer's Review Memorandum (dated 08/06/12) and all other subsequent or updated conditions required by the City Engineer are submitted and/or fulfilled. 2. The Applicant must apply for and receive final plat approval to combine the two parcels under this PUD. No work on the parking area will be permitted unless authorized by the City Engineer. 3. The Applicant shall provide additional opaque screening fence, minimum 6-feet in height, along the entire westerly and northerly boundaries of the subject site. 4. Applicant shall provide additional fencing and/or screening to a minimum of 3 to 3.5 feet in height within the 10-foot green-strip setback area between the new parking area and Brooklyn Boulevard. Landscaping will be installed along this fencing area and be adjusted accordingly to the new fence's opacity, with plant materials and amount to be determined and approved by the City's Business and Development Director. 5. The Applicant shall submit a photometric plan for all new lighting on this site. All new lighting shall meet or exceed those requirements established under Section 35-712 of the City Ordinance. The review and final considerations must be completed under the building permit and/or land disturbance permit review. I 6. 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. 7. The Applicant shall enter into and execute a new PUD development agreement as prepared by the City Attorney. PC 08-16-12 Page 12 of 16 6901 & 6915 BROOKLYN BOULEVARD SITE PHOTOS Entrance off 69 Aveneu N. (6-ft. High Screening Fence) i C _ y _ s Front Elevation of Building—(6-ft. Fence and Landscaping in rear) PC 08-16-12 Page 13 of 16 s_. t Entrance into 6915 Brooklyn Blvd. (to be removed) 00 Cal 0 _\ d Looking Southward 1 PC 08-16-12 Page 14 of 16 N - i El dam►a''�,:•-_••__� � I 1 Wrought-iron Fence w/Decorative Pillars and Landscaping O.0 ® � Wrought-iron Fence w/Decorative Pillars and Landscaping PC 08-16-12 Page 15 of 16 M u w 4 , MEW p �� 'hill, ( � 3-Ft. High Picket Style Fencing in front-yard area of R4 Site 4408—69"'Avenue N. PC 08-16-12 Page 16 of 16 Call 48 Hours before digging PRELIMINARY PLAT FOR MONTY ADDITION GOPHER STATE ONE CALL P� 9y. \� � \ ZONING LEGEND Twin Cities Area 651-454-0002 s DENOTES FOUND IRON MONUMENT MN. Toll Free 1-800-252-1166 METING aoK N BLVD. C 2 COMMERCE o DENOTES SET 1/2'x 18•ROAR 1TI`,�t \ 6915 BROOKLYN BLVD. C-1 SEANCE/OFFICE N1TH PLASTIC CAP 7L5 29109' I DFN0T6 CONCRETE SURFACE \\ BD9EN�N9�i5.OBROOKLYN BLVD. PUD/CIA(PLANNED UNIT ,,p(er..—DENOTES SEIBACKPLASTIC E PRIVACY FENCE _� DENOTES FIRE HYDRANT a \ SETBACK REQUIREMENTS M DENOTES MEASURED DISTANCE \ (P) DENOTES PLATTED DISTANCE \ BUMINC SETBACK ,--995_DENOTES,EXISTING 1.0•CONTOUR LINE N FRONT 35 Wp..0-'DENO7ES ECK No 5.0'CONTOUR MINE SLOE 10 '11— DENOTES DESTINE SPOT ELEVATION REAR 4D M DENOTES GAS METER CORNER SIDE 25 G1 DENOTES ELECTRIC METER PROPOSED PARKING SETBACK DENOTES STORM SEWER MANHOLE SIDE/REAR 5 DENOTES SANITARY MANHOLE DENOTES POWER,POLE MANHOLE t 6 F4 Ns �• \ �, 0 20 40 F— DENOTES cur ANCHOR DENOTES DECIDUOUS TREE °o \ \ SCALE IN FEET PIO,p 27 X179-Z7-33-0099 6 �� MONr{REALTY LLC /._ 1 \ DENOTES CONIFEROUS TREE ' S I ':` �4 \ \ p DENOTES ARBORVITAE \ AREA Fr. `o \ pd DENOTES WATER sHUmFF VALVE \ (D.�z A5-y DENOTES STORM CATCH BASIN DENOTES PALE OVER DENOTES SANITARY ELECTRIC DENOTES SANITARY SEVER UNE —DENOTES WAIERMAIN UNE —DENOTES STORM SEWER LINE—DENOTES STORM SEWER LINE a DEN OTIS FIRE CONNECDON/SPRINKLER PIDy 27-719-21-JJ-0019 „ `,;-- � `--NOT 1 LEGAL DESCRIPTION JOHN CLUETT JR. �0 .� n _ � L , 4 \a� G+GO�O `. \\ par t:That part of Lot 5,Block t.Suneet Manor.lytn9 N,,theaeterly of tha plot of Cady P.,S2n'That part of Lot 1.Block 1,Cody Addltloo,embraced within Lot S,Block 1,Sanaet Manor. Subject to drolna9e and uUNY eoaamente ca ahawn on plak(aa to lantl N Par 2) AND Lot Z T..k 1.Cady AddlUan,accordln9 to the recorded plot thereof. 3u0T AREA RaRDCOVER --------- L z s ` \ COSTING LOT 1 9.635 SO.FT. LOT 182 EXISTING IMPERG"LOT AREA 0.7 B SO.FT. 'c^\ "�qe �`\\ \\ EXISTING LOT 2 a 2414 50.Fi. TOTAL AREA OF ETfISTNG LOT 182 - 39,049 90.FT. PROPOSED NEW LOTS"1 e 35o' S0.FT. HARDCOVER 99.2 S I \ r, s ') `*'`',.. @ \ REFERENCE BENCHMARK TOP�' y ^3��Np mc44 01'',` \\ A°r sw ouAO of BOTH OAVi N. LEE AVE.N. PROJECT BENCHMARK a AREA�25,4(4 50.` \ ELEVATION-868.38 O TOP NUT OF HYDRANT 0.58 AC.) NWLY OVADRANT OF BROOKLYN BLVD AND 89TH J S AVE N.ELY OF PARKING LOT. a 17 2� ":♦ \ \ "< r \ \ NOTES ' I EX157/NC APARTMENT W 9ASIaO11 19 oA1 SYSTEM Ia BASeo oNTHe souTHeravuxe of UOV ADamON,aeaumeOTOeEAP NORTH $UILDIND ,NOsp,,cj 51 MINUTES 41 SECONDSEAST. 2N0SPEC I S '� ```�e�'- } /a Vr�-'' `� � r ' � �•' y \ \, S 01LI RON NA5 BEEN COMPLETED ONRIS LOT BYHE OP. NP W NOT PURPO RTO BHOLL EA5M FRECO I . I OVMERS O F AftY E BSE P @PCPA@ VBE EM U R'.VLIERREIFS I UBY T COONMAANCD D LNOIAO CS ADLTIOEOPTN HO @ OURP S 9O UOTCRAR ATLI TDE D CY OOE RSN @E@PfCTNCIO1DAERLLR SN ETPARHT T N@(06C5I1E 118 M)4SO9XNY 1 O-r0OU.ENOLaD 2 iTN XPD@REC R IOOO URRRTTAiOJITN NAI D EPN SROf OA UO NMP@p TSN Ia YM HEPEONOW 1 4.EX=NOUTl=VANDACES X OR FROM%RRECOR.MAOEAVN P10 27-119-21-33-GOf6,«^.,$ _® S@NCEC A EUGENE R. DIANE 14 GNr, 5 PLANNING OR EXORMTIAN. IG@ TN H. E I 189 7 Ar2fi 4456E URNNAGE AYO UTN Y FASEMM.ARE SNGW 1HUS -----------------=---I ---q ------ —b-' -_---------- --- g� Ls ' I `' \ 1 I I 10 JIB, j rnpj gL,'-- 69TH A - NORM ?-_------_'� —J L-1_ EMSMa«a a E e eaa�. _ ---- ---- _ -- -- - [Norm sr 0 N�>NERIV. A D 0 FEET IN_ AN➢NAD.KININQ d/T OF WAY LINES UNLESS OTNERMS SHONN W ENE PLAT � T $ No. DATE DESCRIPTION TI BY ENGINEERING DESIGN&SURVEYING I HEREBY CERTIFY THAT 1HIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION,AND JOB NAME:OMAR ABUISNAINEH DRAWN BY: CO PROJ. N0. 72-037 64BD Wayzata DWI..MinnaapD ia,MN EYI THAT I AM A DULY UCENSED SU��RI1VV=UNDER THE LAWS OF THE STATE OF MINNESOTA. PREUMINAW PLAT /g�� OFFICE:1763)545-2800 FAX:I763j 545.2001 1✓K4.t� S✓YA'li sir. DAZED: 7/17/12 LOCAl10N: 6901 L 6915 BROOKLYN BLVD CHECKED BY:VS SHEET NO. 1 OF 1 :'-I=:± EMAIL:W.G.dsmn.cem WEBSITE:hHp://odamn.com a No tO5 BROOKLYN CENTER,MN 55429 Call 48 Hours before digging EXTENDED PARKING LOT LAYOUT GOPHER STATE ONE CALL Twin Cities Area 651-454-0002 DIMENSION & REMOVAL PLAN MN. Toll Free 1-800-252-1166 PARKING REQUIREMENT PARKING STALLS:EXISTING EXISTING 3 11 DENOTES FOUND IRON MONUMENT % PROPOSED 25 DENOTES CNOTES,SET 1/2•.ir MAR .1rH PLkSD.CAP"PUS 2510' TOTAL STALLS: 38 DEN YES CONM SURFACE 0 D.G...'LASnC PRIVACY FFNOE REQUIRED STALLS: PER SEATS 25 OTM SEM M UNE PER EMPLOYEES 5 ij TOTAL REQUIRED 30 DID=FIRE HYDRANT DEMOTES MEASURED DISTANCE PIA170)DISTANCE ZONW METER ELOCTRIC METER DOSIM DENOTE SlGl,SEWER MANH OLE 612 C— :901 BROOKLYN BLVD. C-2 COMMERCE DENm. MY MANHOLE 915 BRpONLYN BLVD. C—I SERVICE OFFICE ® DENOTES UNKNOWN MANHOLE PROPOSED 'cl, mc=POWER POLE 6901&6915 BROOKLYN BLVD no, OIES GUY ANCHOR PUD/CIA(PLANNED UNIT DEVELOPMENT) a. 3 DENOTES DECIDUOUS IM SETBACK REQUIREMENTS DMOLES CONIFEROUS TREC SM DE140713 ARBORMTAE BUILDING ACK e FRON 35 D. Am SNU—MW SIDE 1. 2j DENOTES MRM CATCH BASIN S) REAR CORNER SIDE 25 DENOTES UORT PO LE -2. PROPOSED FR PARKING SMACK DENOTES OVERHEAD EUMC ONT DENOTES SANITARY SEWER UNE DENOTES WAMMAIN UN 3, GEN.=STO M SEWER LINE P-ZO LEGAL DESCRIPTION DENOTES STOW SEWER UNE M=F;RE GGHNe=0N1VMINXI- -1,X� P_I ' '"""""""""Go'Von No,U,00,tody of Na PROPOSED Thvt'or' OW plot coal ANlftloo� Dloo t 1.al.o,1.Cody AddlUm,embraced WIthIm Lot 5, Book I DENOTES PROPERTY UNES P., . o..,MGR.�. S, m plot to land IN Par to—1",,* "d ItIly 11 DENOTES SAWCUT BMMINCUS SURFACE 004OTM 8012 CURB.GUTROR A.. n Lot Z BI,Ok 1.Cody Addltloo.0000�nq 0 tn.N—led plot thamcf, DENOTES DIRECTION OF TRAM �b)._,to LOT GENOTCS PROX'OSED TREE SAMCUT EMSIING LOT I-9.635 SO.FT DENOTES PROPOSED SHRUB EXISTING LOT 2 e 25.414$0.FT. PROPOSED NEW LOT I—35,040 SO.FT, DENOTES CONIFEROUS TREE HARDCOVER MATCt(EXISM0 LOT 1*2 E)OSTlNC IMPERVIOUS AREA 20,758 SO. TOTAL AREA OF E*S`BNG LOT 1&Y 3 049 SQ. CURB HARDCOVER 59.2 X REMOVAL NOTES REMOVE EXISTING BITUMINOUS A REMOVE EXISTING CURB A REMOVE EXISTING HOUSE REMOVE DUSTING CONCRETE SEDEVALK XREMOVE MSTING CONIFEROUS TACC %REMOVE EXISTING DECD)UGUS TREE G RAL ENE N= ILI TH --MAG-EM-CONP�0 1. CFTHES—N1lt.oUN- NOEjNAcRW URPRWOEGFO?GoUN. PAS ".7 P- ENTR OF RECORD. SONG URUTES N..IBRE-oNG—H-REON ONN.M—E CURINGTH 3UMVCYONFR N AVYOU5ORRY 4r NnSEWC8CPREGON AND 08 t—RONOESAND SERVICES SHOULOSE TAN FROM THE GE"OF Menl�--ED By p—CYNO GOPHER STOND—AT 011) —————— AIM TO MY OEIFON,PLANHING OR EX—MON, 4— 0 20 40 ------ SCALE IN FEET j4,7 — N0. OAIE DESCRIPTION G I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION,AND B NAME:EXTENDED PARKING LOT N BY: CC/VS PROJ. NO. 12-037 ENGINEERING DESIGN&SURVEYING THAT I AM A DULY LICENSED ENGINEER UNDER THE LAWS OF THE STAIE OF MINNESOTA. OVAL PLAN DRAWN 6480 W.Y..'.Blvd.Minneapolis,MN 55426 ye.1 14.— DIMENSION RE 5 BROOKLYN BLVD. (763)545.2800 FAX:17631 545-2801 DATED: 7/17/12 LOCATION: 6901 &691! CHECKED BY:VS SHEET N0. C1 OFFICE: — BROOKLYN CENTER.MN 55429 EMAIL: WEBSITE:Ill. —DtMIR SIVRINER PX NO.2SIOT GRADING P LAIN Call 48 Ha before digging o zo ao GOPHER STATE ONE CALL N Twin Cities Area 651-454-0002 SCALE IN FEET MN. Toll Free 1-800-252-1166 I \ \a A \ \ REFERENCE BENCHMARK GRADING NOTES ELEVATION-869.44 O TOP NUT OF HYDRANT {/ d• I COMM 1. ACTOR SHALL FIELD VERIFY THE LOCATIONS AMID ELEVATIONS OF AT SW QUAD OF GOTH AVE.N.AND LEE AVE EXISTI NG UTIUTIES AND TOPOGRAPHIC FEATURES PRIOR TO START OF SITE NO,TECT BENCIMARK GRADING.TIE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE PROJECT ENGINEER OF ANY DISCREPANCIES OR VARIATIONS. ELEVATION-WMES O TOP NUT OF HYDRANT RILL-%5.48\ NVLY OUAORANT OF BROOKLYN BLVD AND INV-86SM�` `�\ \ 2 SUITABLE GRADING MATERIAL SHALL CONSIST OF ALL SOIL ENCOUNTERED ON 697H AVE N.ELY OF PARKING TAT. `\`\` THE STE WITH EXCEPTION OF TOPSOIL DEBRIS.ORGANIC MATERIAL AND .''// I A , �0 lF OF 12PyHDPE \ OTHER UNSTABLE MATERIAL STOCKPILE TOPSOIL AND GRANULAR FILL AT yX i i'Y J�\, 'C// SR)RM SEWER O,2.OS,} `� \` \ LOCATIONS DIRECTED BY CONTRACTOR. - LEGEND ND \ /A \p`\ I '• 'I / B3E \ 3 SUECRADE EXCAVATION SHALL BE BACKFlUM IMMEDIATELY AFDR EXISTING TRE'R-3237-1 ` q�`• \ SEEPAGE OR STEEP SLOPES.WHEN PLACING NEW SURFACE MATERIAL pp101E5 FOUND IRON MONUMENT , �C'1TCN - 0 YM 88798 - \ ADJACENT TO EXISTING PAVEMENT,THE EXCAVATON SHALL BE BACKFILLED O DENOTES SET 1/2-X 18'RFBA_R --MATCH EXIS77NG CURB \ PROMPTLY TO AVOID UNDERMINING OF THE EXISTING PAVEMENT. N ✓' WIM PLASTIC.0 RETE SURFACE 10 >--- nYp) 1� `\\.\ \ 4.CONTRACTOR SHALL BE REVM510LE FOR ALL HORIZONTAL AND VERTICAL _ � NC CATCH RAISIN 1 tp I J \'- \ CONTROL n---pET101EE WHITE PLASTIQ PRIVACY FENCE m �'_ '/ .` �j /' \() \.V\ \ __ ___DENOTES BELBAC(LINE y `' e I ,� J ,,..`, \\ 3.GRADES SHOWN ARE FINISHED GRADES CONTRACTOR SHALL ROUGH GRADE u®A pEN01E5 FIRE HYDRANT ,y <-�--� f �,) `-r� \ TO SUBGRADE ELEVATION. OMOIES MEASURED DISTANCE -6 \ m i-dY \ \� \\ ALL EXCESS MATERIAL,81TUMINOUS SURFACNG,CONCRETE ITEMS.ANY DENOTES PLATSD DISTANCE / `�, .✓ UC ,. 4. „� ABANDONED U PROPERTY TTY O AND OTHER UNSTABLE SHALL E SHALL -•'DENOTES 1.0-CONTOUR UNE CO2 e °� \V - \ P H� i✓ - \ BEGONE TIE PROPERTY OF THE CONTMCTOR AND SHALL BE DISPOSED _ _�OEN016 M.N.t035TG SC CONTOUR UNE TYPE R-]237-1 ".0- \ - � .,/ -_ \ �1 \ OFF THE CONSTRUCTION STE '._.. DENOTES EXISTING SPOT E1£/ATON RIM-867.00 'l �` / -�V\ \ q �\r r \ .\ \ W-884.00 i ',\ E , \\b \ m DENOTES GAC METER _ S.COMPLETION OF STE GRADING OPERATIONS SHALL RESULT IN ALL AREAS :?\\ lr/ \ \ G BEING GRADED TO'PLAN SUBGRADE ELEVATION'.THE PARKING LOT ANO W ➢FN01E5 ELECTRIC ME" /-TN PROTECTION' 4 .7 \ 0 DENOTES STLRY SEWER MANHOLE (WMCO \\•1 \ % \ DRIVEWAY AREAS SHALL BE DETERMINED BY REFERRING TO THE SITE PION \ AND PAVEMENT SECTION DETAILS FOR LOCATION AND LIMITS OF BITUMINOUS ® DENOTES UNKNOWN MANHOLE T I \ \ PAVEMENT SECTIONS. POLLS a :/ \\• o J'\ \ 1, DENmFS GUY A CHI ' ` S.THE MIN MUM GRADED SLOPE FROM EDGE OF BUILDING SHALL BE 6 INCHES --- DENOT6 GT'f ANCHOR LOWER CA577N�05 jypE R-2540 DENOTES DEGDUOUS TREE FROM IX/671NC I '� RIM-96750 \'': ?�1�'II'�\ \ ----- a INW98].40 NW 10.FINISHED GROUND AND SOD U ATON ADJACENT TO BUILDING CULL BE ' DENOTES CONIFEROUS TM - 11(fl 1 INV�86288 EIXS(EXI571NG) �Y 4\ \'� \ \ \ \ 6'BELOW FLOOR ELEVATION.SLOPE WOUND AWAY FROM BUILDING A .\I\ 4. MINIMUM OF e'IN 10 FEET BEYOND 10 FEET REFER TO PLAN GRADES I„°' DENOTES ARBORVITAE \ ly. DENOTES WATER SHUTOFF VALUE 11.CONTRACTOR IS RESPONSIBLE FOR GRADING AND SLOPING THE FINISHED DENOTES STORM GTCH BASIN \'. `�' r -•L �/ \$`, \ „ 4s� Y q \ GROUND SURFACE TO PROVIDE SMOOTH 8:UNIFORM SLOPES.WHICH Q PROVIDE POSTVE DRAINAGE AWAY FROM BUILDINGS AND PREVENT PONDING C DENOTES LIGHT POLE • E iA h \ .\"e �� IN LoY AREAS.CONTACT ENGINEER IF FIELD AOJJSWINIS 1O CRAOING --DCNOtES OVERHEAD ELECTRIC PUNS ARE REQUIRED. •-DENOTES SANITARY SEMEt UNE DENOTES WAIMMAIN UNE 12 CONTRACTOR IS RESPONSBLE FOR GONSWUCMIN.PAVEMENTS AND CURB DENOTES STAG SEWER UNE \� \ t \ \ ,/- AND GUTTER WITH SMOOTH UNIFORM SLOPES WHICH PROVDE POSITIVE ---DENOTES 510P{1 SEWER UNE IN PRATE ON I r \ /\ '" \\ DRAINAGE CONTACT PROJECT ENGINEER IF FIELD AOMSTMENTS ARE REWIRED. 'w, DENOTES FIRE NNNECRON/SPRINKLER T (W1MC0} I %�• / ^' T 13•INSTALL UTIAFRM.INIMUM OF 4 INCHES CUSS 7 AGGREGATE BASE UNDER CURB PROPOSED c \ XXK.XX OEN07E5 PROPOSED ElEVATONS 14.CONTRACTOR SHALL REMOVE ONLY THOSE TREES MARKED IN THE -)ODLX-DENOTES PROPOSED CONIOUJRS FIELD VERIFY WITH ENGINEER PRIOR TO REMOVAL DENOTES PROPERTY MINES II ---_�'r_ J / Jy �. a Lela®- DENOTES SIT PENCE I, I \I 5.PUBUC WORKS PERMIT APPLICATION FOR SURFACE WORK WITHIN RIGHT- OF-WAY IS REQUIRED PRIOR TO REMOVAL OR INSTALLATION OF CONCRETE DENOTES SANWT 9ENMINWS SURFACE DRIVEWAY AND CURB,INSTALLATION OF S10EWAUE/BIKEWAY OR OTHER DINT ILS 9312 CURD k GUTTER -.._-_..-- I _ - ,' \/.. _ - /'`• WORK WITHIN THE PUBLIC RICMT-OF-WAY. 0 DENOTES SEORU CATCH BASIN I I \ n 0 . S THEE •� 16 ALL GRADING SHALL BE ACCORDING TO M D T 21AS pENO1E5 PROPOSED STORM SEWER MINE IL-- - _ -, I` 1 ON ENiRANtES ED THEE <� ROA9 rmN CON PRIDED eo« SmucT U DMDIES PCONIFER SHRUB� DECIDUOUS E •T _•�� 1��., - -.�� / \; SHALL BE INSTALLED PRIOR TO CONSTRUCTION. GENERAL NOTES >- ✓ - 2 WITHIN TWO WEEKS OF SiE GRADING.ALL DISTURBED AREAS - INLET PROTECTION-:'i- M,""' 1.TIE OASIS OP THE 6PAwNa sY518M ISgssuMEO, i I (WMCO); ': SMALL BE STABILI2FD YAT1 SEED.300 OR ROCK BASE ,_ .. J 3.CONTRACTOR MUST VERIFY PROPOSED ELEVAT)NS, -------I---_-_ ----i-- - - --�. -----= -- _„ 3. ALL EROSION CONTROL MEASURES SHALL BE INSTALLED AND C NO SPEGPIC SOIL INVESTIGATION H43 BEEN COMPLETED oNTM3 -- -I'' - MAINTAINED IN ACCORDANCE WITH SWPP,AND WATERSHED LIOTOYTHESURVBYOR - A. RVEfD ESNOT'RONVJAS P.SN-F GAS NENTSY.THIS NOTES TURF ESTABLISHMENT & EROSION CONTROL SPECIFICATIONS DIE COT RERMT 3 RECD YOOES NOT ANDS TOSSMW HASEMENMe m PROVIDE SILT FENCE ARCUND PERMETER OF SITE 4. THE CONTRACTOR SHALL MAINTAIN ALL EROSION CONTROL S CIATBO ITIMRE3ANp$DAN NTHRO OUNDDURINOTHR MEASURES,INCLUDING THE REMOVAL OF ACCUMULATED ME SILT IN LocgTEO RPROM HYSTWOR CORDS GROUND OURINGTHE ®PLACE SOD ON DISTURBED AREA NLL ESTABLISHMENT SSEED FRONT OF SILT FENCES DURING THE DURATION OF TIE SURESIDEWT STIMO Y.O MUTI(9 RSAANDOERACESMAY R MADE US ALL NW IN 10 DAYS O SHALL BE ACCORDING MIDOT PER 2575 AND SHALL TAKE SEED MIX CIAA.BE CEOOT SOB AT 700/PER ACRE DORMANT SEEDING AFTER CONSTRUCTION. PR15SE OENf TEDTMOHAHOLERINILNOF U'RUMSNCESMAY9E PUCE WITHIN 10 DAYS OF THE COMPLETED GRADING OPERATION. NOVEMBER 1.AT MICE THE NORMAL RATE PRESENT,VERIFIGMONTHLOCATONOPUTUTIE0 EUTU ES O ALL FINISH ELEVATIONS ARE MEN ON FLOW!SINE 5. REMOVE ALL EROSION CONTROL MEASURES AFTER VEGETATION IS BY Ca""N" NE CAL.ATOISIM eunun69 TOPSOIL MULCHING ESTABLISHED. BY cON.-N.GOPHER STATE ONE ePLLAT(33049HAS32PWOR CONTRACTOR SHALL STRIP.STOCKPILE AND RE-SPREAD SUFFICIENT TARSAL TO MULCH SHALL BE MEDO1 TYPE H RED WITH BE SPREAD UNIFORMLY AT A RATE togNY OESION.PLANNiNGOR eXCAVATION. PROVED A MINIMUM 4 INCH DEPTH(COMPACTED)TO ALL DISTURBED AREAS,TO BE OF 2 TONS PER ACRE AND ANCHORS]NETT ETIHER NETTING OR A STRAIGHT DISC. 6. THE CONTRACTOR SHALL REMOVE ALL SOILS AND SEDIMENT SODDED OR SEEDED. FERTU2ER TRACKED ONTO EXISTING STREETS AND PAVED AREAS SOD ME 20-0-10 AT 400/PER ACRE 7. IF BLOWING OUST BECOMES A NUISANCE TIE CONTRACTOR SHALL LL SOD SHA BE ACCORDING TO MEDOT 3878. APPLY WATER FROM A TANK TRUCK TO ALL CONSTRUCTION AREAS TnI 7 p{ 4 e. SWEEP ADJACENT SWEET IN ACCORDANCE WM CITY REOUIRMENTS - - - N0. DATE OESCRIPTON By JOB NAME:EXTENDED PARKING LOT ENGINEERING DESIGN&SURVEYING 1 HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVSON,Mo DRAWN BY: CG/VS PROJ. NO. 12-037 [/,�ED,Sv 6480 Way,,t,BIYd.Minneapolis,MN 55426 THAT I AM A DULY LICENSED ENGINEER UNDER THE LAWS OF THE STATE F MINNESOTA GRADING, DRAINAGE AND' OFFICE:(7631 545.2800 FAX:17631 545-2801 �&4d S✓Y<uee DATED: 717 12 EROSION CONTROL PLAN LOCATION: 6901 da 6915 BROOKLYN BLVD. CHECKED BY:VS SHEET N0. C2 EMAIL:W.O.d3 .eom WESSITE:http://6d3mn.<om V.ADIMIR SIVRIVER RE NO.25103 BRCOKLYN CENTER,MN 55429 3'R m .s: ''.. a 1�,R ,MNr r norm mwanwTZCna lwaann /JI,°PmvTµi°NHUm — +°$�':e•�..�:' Al � r-- — --7 ogle omB SLOPE 3�: '¢ ^• l S LL LLL PER FL/ '1�' +:J:'15,• e: .( LLL LL .I,. LLL LLLL .1'`-• T .. A Y� '•4•• `•�• •0 t :•yC _ `61NWNWS PANND yyy ,'/~ �G1W eA9H iIP11CNAE PLAN VIEW � octe wlm a arTrzR o6Twp 8°'"A" �oOPRCS GGnxc¢.ar BDaw rumx uxe 1-112'8t1UMINOUS WEARING COURSE, An.usT no.Nm CERRFIED PLANT Mo/DDT SPEC 2350 LVAE450358 T BITUMINOUS TACK COAT Mn/pOT STANDAflD SPEC 2157 .t k::.i.h ONWN—PAYN¢ SAME SLOP SET GSIINC x YItRTAR OLD 1-1/2'BITUMINOUS WEARING COURSE. _ .'4 CERTIFIED PLANT Nn/00T SPEC 2350 LN4E450359 ca imuo &AM& ArrnEGR eAls AGGREGATE BASE,CUSS 7 Mn/OOT SPEC 2211 wx¢as w 0-D PAVEMENT INSTALLED FLUSH �.' �' i 1COX CRUSHED. RECYCLED MATERIAL PEFUMMED. aTwt wwrt x lxE nm SmRY ScMA MODIFY TO 24'OF SUBGRADE COMPACTION FOR SOFT AREAS OR PILL ENCOUNTERED IN SUBGRADE Mum REVERSE SLOPE OR OUTFALL GUTTER SECTION SECTION A—A (FORMS MAY BE TILTED) TYPICAL SECTION FOR NORMAL 1 B612 CURB & GUTTER TRAFFIC AND PARKING AREAS 3 RECTANGULAR CATCH BASIN C� NOT TO SCALE C I NOT TO SCALE C2 NOT TO SCALE 2 ACRES ARF.t AREA M DR AINAGE r / / TOP OF MILL Ty EX S NG STORN CASTIN HARD SURFACE / '1 "y00�� PUBLIC ROAD {'\ �/ FILTER � /% ASSFJIOL / t\\ / ' `—SILT FENCE PUCEO ON CONTOUR Quo �0. Y5 NIMUp TURN ENDS UPSLOPE TO� / PREVENT FLAW BYPASS / 50'MIN.LENGTH POST AT E.G' MAX.SPACING. OVIIiLAP GEOTEXIILE -C MESH REINFORCEMENT FABRIC 6' AND FASTEN T GO.—LE R FABRIC POLYESTER EEVE Tj4 1 FABRIC ANCHORAGE TRENCH. INSERT TO HE USED SHALL BE A WIMCO,LANGE INDUSTRIES i'-2'WASHED ROCK "3 OF 6ACYFlLL WRH TAMPED 'ROAD DRAIN'STYLE,OR APPROVED EQUAL TO BE �NA'URAL SaL UTILIZED IN THE EXISTING ROADWAY CASTING. BEWNIMVN PIS III(�I�I iO� M 6 INLET PROTECTION (%MMCO) E%1EN0 WIPE NESH H. INTO IRMOi Ci C2 NOT TO SCALE 4 ROCK CONSTR. ENTRANCE K5 TYPICAL SILT FENCE_CONSTRUCTION C2 NOT TO SCALE C2 NOT TO SCALE p " �"W.� 'oih i ,E � - ENGINEERING DESIGN&SURVEYING I HER BY CERTIFY THAT IS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION,AND JOB NAME:EMENDED PARKING VDT DRAWN BY: CG PROJ. NO. T2-037 -EDS✓ 6480 Wayicic Blvd.Min...p,U,MN 55426 THAT I AM A DULY LICENSED ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. DETAILS OFFICE:17631 Sa5.2800 FAX:17631 545-2801 I✓ T� ,iwtii x pA�p; ,71j7fy2 LOCATION: 6901 do 6975 BROOKLYN BLVD. CHECKED ELY:VS SHEET N0. C3 + EMAIL:iofo6nd—com WEBSITE:http://.d.mn.com IMI 51 1 5 BROOKLYN CENTER,MN SS429 I MEMORANDUM DATE: August 6, 2012 TO: Tim Benetti, Planning and Zoning Specialist FROM: Bruce Johnson,Engineering Technician Supervisor Steven L. Lillehaug, City Engineer/Director of Public Works SUBJECT: Public Works—Revised Preliminary Plat and PUD Review for MONTY ADDITION Public Works Department staff reviewed the preliminary plat and final plat submittals dated July 18, 2012, for the proposed MONTY ADDITION and provide the following revised recommendations: General: 1. All existing public easements that are prescribed to be dedicated on the final plat must be vacated. If the public easement is to remain, the easement must be shown on the preliminary and final plats with recorded document number referenced. 2. Legal descriptions and easement vacation documents must be obtained for all existing easements,which must be vacated as part of the subdivision and site redevelopment process. 3. A lighting plan is required to be submitted as part of this application and review of the PUD and Site Plan(Ordinance 35-355). This must be provided for evaluation. 4. The site has a net increase in impervious areas.An attempt must be made to meet all water quality, quantity,rate and infiltration standards. 5. The civil plans must be certified by a licensed engineer in the state of Minnesota. 6. 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 detail's must be included in the final site plans. 7. 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. 8. An overall easement agreement is required that will provide the City accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site.This easement agreement includes private inspection, maintenance and reporting responsibilities and must be executed prior to issuance of building occupancy. 9. Private site appurtenances(e.g. light poles, signs, etc.)must not encroach on public easement areas. For appurtenances that provide adequate setback and will not have any direct impact on the public elements within the easement area as approved by the City, an i Preliminary Plat and PUD Review Memo—Monty Addition Page 2 August 6, 2012 encroachment agreement is required for any element that is allowed and agreed to encroach in those easement areas. 10. All islands must have raised B6-12 curb and gutter. 11. Provide turning movements for the entire site. Easements, Agreements and Plat: 12.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. 13. The proposed plat is located adjacent to Hennepin County right-of-way. Minnesota Statutes require that the City submit the plat to Hennepin County for written comments and recommendations. All Hennepin County comments must be conditions of approval. Preliminary Plat: 14. Show the name and address of the subdivider. 15. Show any proposed zoning changes. 16. All sidewalks adjacent to City or County property must be contained within the respective right of way or dedicated as easement. It must include the sidewalk plus a 2 foot clear zone behind the sidewalk. 17. All curbing for 691h Avenue and Brooklyn Boulevard must be contained within the respective right of way or dedicated as easement. Prior to Issuance of Land Alteration and Building Permits: 18. Submit a recorded copy of the restrictive covenants(subdivision agreement). 19. Submit final site plans and specifications for review and approval by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan. 1 20. Submit a letter of credit or cash escrow for the land disturbance portion of the project in the amount of 150%of the estimated cost or in the amount determined by City staff to comply with the land alteration permit, site improvements and to restore the site.The developer may submit one itemized letter of credit, if approved by City staff.The City will not release or reduce the letter of credit or cash escrow until work has been completed according to the final site plans approved by the City. 21. A Construction Management Plan and Agreement is required that addresses general 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. The plan must be ;n a City approved format and must outline minimum site management practices and penalties for non-compliance. 22. Submit a$2,500 separate cash escrow for the construction management plan elements as part of the non-compliance provision. This escrow must be accompanied by the agreement and signed by the developer and property owner. Through this document, the developer and property owner will acknowledge: Preliminary Plat and PUD Review Memo—Monty Addition Page 3 August 6,2012 a. The property will be brought into compliance within 24 hours of notification of a violation of the construction management plan, other conditions of approval or City code standards. b. If compliance is not achieved,the City will use any or all of the escrow dollars to correct any deficiency and/or issue. 23. Schedule and hold a preconstruction meeting with the City staff. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The preliminary plan (site plan and preliminary plat) and final plat must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plat may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading, geometric design and other design elements as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. City Council Agenda Item No. 9b COUNCIL ITEM MEMORANDUM DATE: August 27, 2012 TO: Curt Boganey, City Manager FROM: Tim Benetti, Plaiming and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding Recommended Disposition of Planning Commission Application No. 2012-018 Submitted by Omar Abuisnaineh, a Request for Preliminary Plat of MONTY ADDITION for the Property Located at 6901 and 6915 Brooklyn Boulevard. Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the Resolution regarding recommended disposition of Planning Commission Application No. 2012-018, submitted by Omar Abuisnaineh, which is a request for Preliminary Plat of MONTY ADDITION, for the property located at 6901 and 6915 Brooklyn Boulevard. Background: On August 16, 2012 the Plarming Commission considered Planning Commission Application No. 2012-087 submitted Omar Abuisnaineh for Preliminary Plat approval of MONTY ADDITION, for the property generally located at the northwest corner of Brooklyn Boulevard and 69"' Avenue North, and addressed as 6901 and 6915 Brooklyn Boulevard. Attached for review is Planning Commission Resolution No. 2012-19, in which the Commission provided a favorable and unanimous recommendation of the preliminary plat proposal. Excerpts from the August 16, 2012 Commission meeting minutes, as related to this consideration of this matter, are also attached. There are a few revisions and additions that must be made to this plat, prior to submittal of any [future] final plat. These modifications are noted in the City Engineer's Review Memorandum dated August 6, 2012 (attached hereto). The Applicant has agreed to complete or add these changes, which will be reflected on the Final Plat of Monty Addition. Staff anticipates the final plat to be considered by the City Council in the next few weeks. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will proceed aggressively with implementation of City's redevelopment plans. 4. We will improve the city's image. I Mission:Fnsrrrhw an attractive,clean,safe,inclusive conuru nitp that enhances the quality of life for all people and preserves the puhlie trust i Member introduced the following resolution and moved its adoption: RESOLUTION NO. e RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-018, SUBMITTED BY OMAR ABUISNAINEH, A REQUEST FOR PRELIMINARY PLAT OF MONTY ADDITION FOR THE PROPERTY LOCATED AT 6901 AND 6915 BROOKLYN BOULEVARD WHEREAS, Planning Commission Application No. 2012-018 submitted by Omar Abuisnaineh, requesting approval of a Preliminary Plat of a new subdivision to be titled MONTY ADDITION, which is a replat of two contiguous parcels generally located and addressed as 6901 and 6915 Brooklyn Boulevard(Subject Site); and WHEREAS, this plat is requested to combine these two separate lots into a single lot for the overall benefit of a new Slim's Restaurant project,to be located on the Subject Site; and WHEREAS, the Planning Commission held a duly called public hearing on August 16, 2012, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of MONTY ADDITION,which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2012-018, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 —Platting; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center does recommend to the City Council that Application No. 2012-018, as submitted by Omar Abuisnaineh requesting Preliminary Plat consideration of a new subdivision to be titled MONTY ADDITION,be approved based upon the following conditions: I 1. All recommendations and conditions as noted in the City Engineer's review memorandum, dated August 6, 2012, shall be complied with or completed as part of any final plat approvals. 2. Any easements to be vacated under this platting process must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 3. The final plat shall be subject to review and final approvals by the City Engineer,prior to release by the City for recording purposes. I I i RESOLUTION NO. i 4. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 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). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2012-018, as submitted by Omar Abuisnaineh requesting Preliminary Plat consideration of a new subdivision to be titled MONTY ADDITION,is approved subject to the same conditions memorialized herein. August 27, 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. i Call 48 Hours before digging PRELIMINARY PLAT FOR MONTY ADDITION GOPHER STATE ONE CALL ZONIN GEC Twin Cities Area 651-454-0002 DENOTES FOUND IRON MONUMENT MN. Toll Free 1-800-252-1166 0 \ \ \ CASTING O DENOTES SET T/2'%18'PEBM // cc�''S�'OV '11'• \ \ B9O1 BROOKKLYN BLVD. C-2 COMMERCE N11H PLASTIC CAP'PUS 25105' G615 BROOKLYN BLVD. C-1 SERMCE/OFFICE Q DENOTES CONCRETE SURFACE 890E 1 OP6.5 BROOKLYN BLVD. PUD/CIA(PLANNED UNIT --DENOTES SETBACK LINE VFJ. PRIVACY FENCE tl k DEN01M FIRE HYDRANT b \ SETBACK RE9UIREMENTS M DENOTES MEASURED DISTANCE BUILDING SETBACK --ssA DENOTES PUTTED DISTANCE .c .3-DENOTES EKISTED DISTANCE NCE UNE N`XSTNG\U��L� ��S��U" ��a• + �¢P-�� \ SIDE T 10 .1co--o-CEN'T'S EXISDNG SPOT ELEVATION NE /y �U \t, _ �+ , \ \ REM 40 12 DENOTES OAS METER CORN SIDE PROPOSED PARKING SETBACK -m DEN07E5 ELECTRIC METER \ 9 T 'v �` \ FRONT 10 ® DENOTES STORM SEWER MANHOLE Ome,1_ �6N•'�'' •'�; `' \ \ SIDE/TtEAR 5 8 DENOTES UNKNOVM MANHOLE °9 c jp� DENOTES POWER POLE o 20 ao Y' F p• ��!y DENOTES GUY ANCHOR N \\ Gnl DENOTES DECIDUOUS TREE SCALE IN FEET PID,F 27�i179-Z1-33-0099 B !p I. u m MON7'Ii REALTY LLC ` \ DENOTES CONIFEROUS TREE——————— ,Cayy, Yy1 �' \ //� .. \ t DENOTES ARBORVITAE '+ C1-"CONING :+ r4yYui` DENOTES WATER SHUTOFF VALVE �\ ARfA>a9,63�^.5c0.Ff. �� ,5 �?? cP;`-: \(� q \ DENOTES STORM CATCH BASIN \ (Cq AqY {„ 1 a/ \' a'�:'•,+. �p \�O 's \ n DENOTES UCHT POLE \ - '' _ DENOTES OVERHEAD ELECTRIC U DENOTES BpY •,`� ATERMAINSEAM NE 1 NE DENOTES W JC\ +` �tPO --DENOTE STORM SEWER ANNE G�� DENOTES SIREN SEWER UNE • O OENOToS FIRE COsekeI N EIRINKUR PIO#27-1 19-21-33-0019 ---�0•T.y` .� \\ - m •�oGd ��. \\ LEGAL DESCRIPTION JOHN CLUETT JR. a I' �, , b \' `\ G For 1:That rt of Lot 5,Block 1,Sunset Manor,I 9 NorthcootM f the Tat of Catl O. � Yk ,. dYA d \ \ Pa Nn Y o P Y ---4 F� ` J 9 0.dditton. v\ r�i \ s n For.2 Thot pmt of Lot 1,BIxN 1,Cady Additlm,amErocpd within Lot 5,Black 1,Suvat Manor. Subbct to tlroina9P and MNity aasvmanta av Mown m plat(aa to Iond In Par 2)AND ```I1� R +°� pc"i�` \`\ J \ Lot Block 1.Cody AddlU acc m, ardin9 to the racardod Plat thercaf. �?\ 2 \, SIP),.to LOT AREA HARDCOVER DIVING LOT 1 ———————— +, \ LOT lk2 E%ISTNC IMPERVIOUS AREA-20.755 50.F(. �, �`°°" (j $ '�`\OOH \ E%ISTNG LOT 2 25.454950.FT. TOTAL AREA OF MSTNG LOT idC2 35,049 SG FT. `,( `` `�`,` \ PROPOSED NEW LOT 1 35,049 50.FT. HARDCOVER $9.2 S ORro,.2 '' REFERENCE BENCHMARK ` ELEVATION.aae.H O TOP NUT OF HYDRANT = ` ` \\ Q_ \ AT SW QUAD OF 50TH AVE N.AND LEE AVE,N. P C2-ZON1Nfr \` - -CpA \ \ PROJECT BENCHMARK n' tr AREA®25, 4 SO.` g • 0.58 AC.J�` B �` '/.a o+ \ NAY aVADRANT OF BROOKLYN LVDHAND NTH mQQy ELY OF PARKING LOT. NOTES _ ".' I h'� `� _ ''. "/a \\ \ 1.MEBA5190PTHE BEAWNC SYSTEM IS BASED ONTIE SOUMERLY LINE OF CAOV ADDITION.A35RMEDTGBEM NORTI EXiSTINC APARTMEflT N fiUllLlNC g yY I K 5 lT� \ 2N0 SPE IFlOSOLTON PION H4 OE OR COMPIPTEO ON THMR EyYTIE SURVEYOR. ].NF RECORD. 4. WAS PROMOEp KORTHI'.SNRVEY.THIS SURVEY GOES NOT PURPOR(TO SHdNALLEASPA1ENiS 4.MORNG UTLITIESANDSPANCEDcR—HEREONOWNERLOCATEOENHER PTE„.N,,—RUTUTEEANNO TIE ® G, O TIM / \ SURVEY OR FROM E%ISTNO RECORCSMAOEAVALUBLE TOUS OR BYft ANOSTTESTM-MUDIER UTLRIESANp PIO,y 27-119-21-J3-0076*' •zi' i —aII —� SERMCES MAYBEPRESENT.VERIPIGTON ANOLOCATONORMTUTESANOBERMCE39HOULD BB OBTPINPROM TIE 0- OVMERS OP RESPECTNE UTL TEE BY CONTACTING GOPHER STATEONE CAMAT 051)—OMPRIOR TO ANY OES GN, EUGENE R.&DIANE M. V/RIGHT' —T' — —)T '- PLANMNGOR.—ATOK ,w” ••. '�YY ___- - 18.9 1/11�26 44'S6'E \\ wwNACC AND u>IUIr uswwrs ARC sHOKN mvr ----------I---------- �g+x' --- ------ — ----------' Lo t !7 � ------ 69TH A - NORTHW �-_-------_'\ L—J-I-- rAYC aNCV.T¢CCBS¢P _ - - -- - MOT To SCALE) BONG D FEET 1N KIDT4 AND AO.tYNfNO LOT LN£5 UNlL1-S DIHflfN15E 9/01fN,AND f0 fELT IN N101H,AND ADKVNIN "' RIGNi CF WAY ONES UN16R O/NEINHSE$HGNN dl THE PLAT S 6 NO DAZE OESfRIPTON BY JOB NAME:OMAR ABUISNANEH DRAWN BY: CG PROJ. N0. 12-037 p� , ENGINEERING DESIGN&SURVEYING I HEREBY A DUL THAT THIS SURVEYOR WAS PREP SO BY ME OR UNDER STATE OF MtN ESOT&SIGN.AND PRELIMINARY PLAT 6480 Wayzata B Y Minnoopo Is,MN 55426 THAT I AM A DULY LICENSED SURVEYOR UNDER THE LAYS OF THE STATE OF MINNESOTA 1 LOCATION: 8901 do 6915 BROOKLYN BLVD CHECKED BY:VS SHEET NO. 1 OF 1 OFFICE:(763)545.2800 FAX:(763)545.2801 ,/�G.K>S✓Yai.9iL DAZED: 712LSZ BROOKLYN CENTER,MN 55429 EMAIL:info®adsmn.com WEBSITE:hkp://adsmn.com IMIR aM+ R I 5 NO. Os FF 6901 - 6915 Brooklyn Boulevard -yk6e y : E.irl �� - F� / . � •Y�°i I - .e. i - r .y� �j I � ♦ t 1 � ,1� � 'y - 1 tt — - I �..i 89TH AYE N tr} 1 n�•rr � I i \I J•.v�':�i�\x1115 Ca��Q C•�G Gl�2u5 I- - -�� ( - - - - - �q PID: 2711921330100 R-0 a rr ts'(pt, r 6901 Brooklyn Blvd a Brooklyn Center, MN 55429 'J ,' F ' '� Cih'nf BROOKLYN CENTER Application Filed on 07/18/12 Planning Commission Report City Council action should be Meeting Date: August 16,2012 taken by 09/17/12 (60 Days) Application No. 2012-018 Applicant: Omar Abuisnaineh Location: 6901 - 6915 Brooklyn Boulevard Request: Preliminary Plat for MONTY ADDITION i INTRODUCTION Omar Abuisnaineh is seeking Preliminary Plat approval to replat two parcels into one, large single lot for his proposed "Slim's Pizza" restaurant business, located at 6901 Brooklyn Boulevard. A public hearing is scheduled for this item, and notices were mailed to the surrounding property owners. ANALYSIS The proposed preliminary plat is for the two properties generally located at the northwest corner of Brooklyn Boulevard and 69th Avenue North. The two properties are identified as 6901 Brooklyn Blvd. and 6915 Brooklyn Blvd. The plat proposes a new Lot 1, Block 1, MONTY ADDITION. The Applicant has submitted for related consideration and approval a new planned unit development, which is scheduled to be heard by the Planning Commission this same night, and later by the City Council on August 27,2012. Prior to the submittal of this PUD and Preliminary Plat applications, the Applicant acquired the residential property to the north (6915) of this site, with the expressed intention of removing the dwelling and expanding the parking for the benefit of the new restaurant. As part of his new PUD plan, the Applicant was required to combine the two parcels included as part of this overall redevelopment project. The main parcel (6901 Brooklyn Blvd.) is the former Starbuck's Coffee shop and retail business building site, consisting of 0.58 acres (or 25,414 sf.); and is currently situated in the C2 (Commerce) district. The adjacent 6915 Brooklyn Blvd. is a 0.22 acre (9,635 sf.) lot, which previously had a small residential dwelling (now removed), and which is situated in the C1 (Service-Office) district. The combined area of these two tracts is 0.8 acres. There are no changes or expansions planned for the building itself, except for the remodeling of the interior for the restaurant use. The subject site is surrounded by C1 properties to the north, RI-One Family and R-4 Multiple Family Residence to the west; C2 to the south; and PUD/C2 to the east. The current land use designation of this site is under the City's 2030 Comprehensive Plan is OS/RB (Office-Service Business and Retail Business). Sewer and water are both available from 69th Avenue North Avenue. The new restaurant site PC 08/16/12 Pagel of 2 and parking areas should be adequately served by the existing city water and sewer systems, and all new storm-water features and improvements will be provided in the new parking lot areas. As evident by the submitted preliminary plat map, it appears that the original and existing lot lines for Lot 2, Block 1, Cady Addition, extend out into the right-hand turn lane for the Brooklyn Boulevard onto 69th Avenue North. Furthermore, the sidewalks and easements along 69th Avenue are inside the lot lines, when normally they need to be outside the property lines. Staff assumes that Hennepin County will request additional dedication of this property with a combination of roadway and sidewalk easements. Planning Staff assumes these areas will be reconciled under the final plat review and approvals, which ultimately have to be accepted by Hennepin County officials. The preliminary plat illustrates a number of perimeter drainage and utility easements, which are typical of these types of replats. The preliminary plat map has reviewed by the City Engineer, and his review memorandum is attached for reference. Staff assumes many of these items will be addressed or completed as part of the final plat process. I RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2012-19, which comprehends the approval of Planning Application No. 2012-018, which proposes a Preliminary Plat for MONTY ADDITION, subject to the following conditions: 1. All recommendations and conditions as noted in the City Engineer's review memorandum, dated August 6, 2012, shall be complied with or completed as part of any final plat approvals. 2. Any easements to be vacated under this platting process must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 3. The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 4. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 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). ATTACHMENTS • Aerial/Location Maps • Preliminary Plat of MONTY ADDITION • City Engineer's Review Memo(dated 08/06/2012) • Planning Commission Resolution No.2012-19 PC 08/16/12 Page 2 of 2 'I Commissioner Kuykendall introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2012-19 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-018, SUBMITTED BY OMAR ABUISNAINEH, A REQUEST FOR PRELIMINARY PLAT OF MONTY ADDITION FOR THE PROPERTY LOCATED AT 6901 AND 6915 BROOKLYN BOULEVARD WHEREAS, Planning Commission Application No. 2012-018 submitted by Omar Abuisnaineh, requesting approval of a Preliminary Plat of a new subdivision to be titled MONTY ADDITION,which is a replat of two contiguous parcels generally located and addressed as 6901 and 6915 Brooklyn Boulevard (Subject Site); and WHEREAS,this plat is requested to combine these two separate lots into a single lot for the overall benefit of the new Slim's Restaurant project,to be located on the Subject Site; and WHEREAS,the Planning Commission held a duly called public hearing on August 16,2012,whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of MONTY ADDITION,which were received and noted for the record; and WHEREAS,the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2012-018, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 —Platting; and 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. 2012-018 as submitted by Omar Abuisnaineh requesting Preliminary Plat consideration of a new subdivision to be titled MONTY ADDITION,be approved based upon the following conditions: 1. All recommendations and conditions as noted in the City Engineer's review memorandum, dated August 6, 2012, shall be complied with or completed as part of any final plat approvals. 2. Any easements to be vacated under this platting process must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 3. The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 4. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 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). August 16, 2012 ";�Zw Date air i C ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Parks and upon vote being taken thereon,the following voted in favor thereof. Chair Rahn, Commissioners Burfeind, Kuykendall, Leino, Morgan, Parks and Schonning and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. l MEMORANDUM DATE: August 6, 2012 TO: Tim Benetti,Planning and Zoning Specialist FROM: Bruce Johnson, Engineering Technician Supervisor Steven L. Lillehaug, City Engineer/Director of Public Works SUBJECT: Public Works—Revised Preliminary Plat and PUD Review for MONTY ADDITION Public Works Department staff reviewed the preliminary plat and final plat submittals dated July 18, 2012, for the proposed MONTY ADDITION and provide the following revised recommendations: General: 1. All existing public easements that are prescribed to be dedicated on the final plat must be vacated. If the public easement is to remain,the easement must be shown on the preliminary and final plats with recorded document number referenced. 2. Legal descriptions and easement vacation documents must be obtained for all existing easements, which must be vacated as part of the subdivision and site redevelopment process. 3. A lighting plan is required to be submitted as part of this application and review of the PUD and Site Plan (Ordinance 35-355). This must be provided for evaluation. 4. The site has a net increase in impervious areas. An attempt must be made to meet all water quality, quantity, rate and infiltration standards. 5. The civil plans must be certified by a licensed engineer in the state of Minnesota. 6. 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. 7. 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. 8. An overall easement agreement is required that will provide the City accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site.This easement agreement includes private inspection, maintenance and reporting responsibilities and must be executed prior to issuance of building occupancy. 9. Private site appurtenances (e.g. light poles, signs, etc.) must not encroach on public easement areas. For appurtenances that provide adequate setback and will not have any direct impact on the public elements within the easement area as approved by the City, an i Preliminary Plat and PUD Review Memo—Monty Addition Page 2 August 6, 2012 encroachment agreement is required for any element that is allowed and agreed to encroach in those easement areas. 10. All islands must have raised B6-12 curb and gutter. 11. Provide turning movements for the entire site. Easements, Agreements and Plat: 12. 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. 13. The proposed plat is located adjacent to Hennepin County right-of-way. Minnesota Statutes require that the City submit the plat to Hennepin County for written comments and recommendations.All Hennepin County comments must be conditions of approval. Preliminary Plat: 14. Show the name and address of the subdivider. 15. Show any proposed zoning changes. 16. All sidewalks adjacent to City or County property must be contained within the respective right of way or dedicated as easement. It must include the sidewalk plus a 2 foot clear zone behind the sidewalk. 17. All curbing for 691"Avenue and Brooklyn Boulevard must be contained within the respective right of way or dedicated as easement. Prior to Issuance of Land Alteration and Building Permits: 18. Submit a recorded copy of the restrictive covenants (subdivision agreement). 19. Submit final site plans and specifications for review and approval by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan. 20. Submit a letter of credit or cash escrow for the land disturbance portion of the project in the amount of 150%of the estimated cost or in the amount determined by City staff to comply with the land alteration permit; site improvements and to restore the site. The developer may submit one itemized letter of credit, if approved by City staff.The City will not release or reduce the letter of credit or cash escrow until work has been completed according to the final site plans approved by the City. 21. A Construction Management Plan and Agreement is required that addresses general 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.The plan must be in a City approved format and must outline minimum site management practices and penalties for non-compliance. 22. Submit a$2,500 separate cash escrow for the construction management plan elements as part of the non-compliance provision. This escrow must be accompanied by the agreement and signed by the developer and property owner. Through this document,the developer and property owner will acknowledge: i i Preliminary Plat and PUD Review Memo—Monty Addition Page 3 August 6, 2012 a. The property will be brought into compliance within 24 hours of notification of a violation of the construction management plan, other conditions of approval or City code standards. b. If compliance is not achieved, the City will use any or all of the escrow dollars to correct any deficiency and/or issue. 23. Schedule and hold a preconstruction meeting with the City staff. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review.The preliminary plan (site plan and preliminary plat) and final plat must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plat may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading, geometric design and other design elements as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. i i I i I I r CAY ADDITI®N R.T. DOG. 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BEING 10 FEET 1NDE AND ADJOINING RIGNt-OF-WAY 0 DENOTES F0121No RIONYMONIU NT.ON PIPE SET AND MARKED BY LICENSE N0.12231 I hettby cniclry Net rtie xjt pinc of GOY AOOITSON 11[fled Sn Ella*2111* 11,_doy LINES AND BEING 5 FEET WIDE AND ADJOINING LOT NOTE: FOR THE PURPOSES or'THIS PLAT,THE CAINE & ASSOCIATES nt 19_ LINES,AS SHOWN ON THE PLAT. R.T IS A9SVMEO TULHIpV of BEARING OF 1EAST LAND SURVEYORS; INC. N.Gw lerinan,xe91¢cmr*t Tlil°¢ BY Depaty MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF ' HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 16, 2012 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:00 p.m. ROLL CALL Chair Sean Rahn, Commissioners Scott Burfeind, Kara Kuykendall, Stan Leino, Carlos Morgan, Michael Parks, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. APPROVAL OF MINUTES —AUGUST 2. 2012 There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to approve the minutes of the August 2, 2012 meeting as submitted. The motion passed. Commissioner Burfeind abstained as he was not at the meeting. CHAIR'S EXPLANATION Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2012-017 OMAR ABUISNAINEH Chair Rahn introduced Application No. 2012-017, consideration of a Planned Unit Development proposing the rezoning of certain properties from Cl (Service/Office) District and C2 (Commerce) District to a new PUD/C2 (Planned Unit Development/Commerce) District, along with Development/Site Plan approval of a parking lot expansion for a restaurant use, for the property addressed as 6901 and 6915 Brooklyn Boulevard. (See Planning Commission Information Sheet dated 8-16-12 for Application No. 2012-017.) Mr. Eitel explained this property was the former Starbuck Coffee restaurant site, approved in 2006 and completed in 2007. The original intent of the building was to accommodate a new Starbucks coffee shop along with one or two other speculative retail/service tenants. These tenant spaces never materialized and the Starbucks closed down in 2010 after three years of business. The main parcel is 0.58 acres (25,414 sq. ft.) in area and is currently zoned C2 (Commerce). The adjacent 6915 Brooklyn Boulevard is a 0.22 acre (9,635 sq. ft.) lot, which used to contain a small residential dwelling and is zoned C1 (Service-Office). He further explained the applicant is proposing a new "Slim's Pizza" restaurant with indoor seating and drive-thru service and is currently remodeling the building. In order to provide additional parking, the applicant acquired the property to the north of the subject site. Page 1 8-16-12 Mr. Eitel added the applicant is seeking approval to allow a less than 15 ft. parking setback and green-strip requirement along a public street and to allow a substantial reduction to the required 35-foot buffer requirements where a C2 development abuts an RI district. He described other developments where less than 15 ft. green strip along Brooklyn Boulevard have been allowed along a major thoroughfare where decorative screen walls or other screening devices have been used. He further stated the benefit of this PUD will provide a new single zoning over the two parcels and provide flexibility for redevelopment/expansion of the site. The combining of these two parcels will be considered under separate application. Mr. Eitel stated the development plans call for leaving the main building intact and the primary improvements to be made include adding 25 new parking stalls on the newly acquired lot at 6915 Brooklyn Boulevard; extending and installing new screening fence and landscaping along the westerly and northerly perimeters of the site; and closing off the old driveway that served 6915 Brooklyn Boulevard creating 38 parking stalls to serve the site. Mr. Eitel explained vehicles entering the site from Brooklyn Boulevard will have the ability to go straight, left or right and locate a parking space. Vehicles using the drive-thru service lane will need to turn right, maneuver around the northerly parking drive-aisle and enter into the re- established drive-thru lane along the westerly boundary of the subject site. Vehicles that enter from the south will have no option but to turn right into the parking area. He added the drive-up lane will remain on the west side of the building and be maintained as a one-way drive. Carlos Morgan arrived at 7:20 p.m. PUBLIC HEARING—APPLICATION NO. 2012-017 There was a motion by Commissioner Leino, seconded by Commissioner Parks, to open the public hearing on Application No. 2012-017, at 7:37 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. The applicant Omar Abuisnaineh, introduced himself to the Commission. Mr. Parks asked if the applicant had any concerns with access to the site. Mr. Abuisnaineh replied that he had a discussion with the County regarding access on the site and he has talked to the other property owners along Brooklyn Boulevard regarding possible acquisition of their properties. He added that he worked with the City to attain the proposed layout. He added that he has another restaurant in New Mope and does not plan for outdoor seating at this time. He also stated that they sell burgers, pizzas and specialize in sandwiches and he feels it is the right concept and right location for his business to be successful. Mr. Adam Ray, 6920 Lee Avenue North, stated he lives kiddie-corner to the home they are tearing down. He questions what the noise level will be with a parking lot in his backyard. He also has concerns with the driving access. He explained this lot has limited access back onto Page 2 8-16-12 Brooklyn Boulevard and he sees people making U-turns down his street and turning around on his block. He added that he and his neighbor had a conversation with the contractor and were l told that a fence would be replaced immediately and it has been two weeks and there is no fence. He has now been told the fence will be the last thing put back on the site. He added he has also talked with City Planner Tim Benetti regarding the fence issues. He would also like to know the hours of operation and the expected timeline to open for business. Mr. Abuisnaineh apologized to the resident for any miscommunication regarding the fence. He stated there had been an issue with the County Engineers regarding water shut off which caused a delay in the removal of the house. However, they have applied for a demo permit and will check into getting a temporary fence installed. He also acknowledged potential issues with traffic on Lee Avenue. He added the hours of operation will be 11:00 a.m. to 10 p.m. and they hope to be ready to open end of September once the final plat is approved and the additional parking lot can be created. Mr. Eitel acknowledged there can be delays with a project when dealing with the contractors and permits to work within the County right-of-way. Commissioner Burfeind asked if there would be liquor served. Mr. Abuisnaineh stated this is a family business and no alcohol will be served. Commissioner Kuykendall asked if a temporary construction fence could be installed. Mr. Abuisnaineh replied that he would be happy to do that. There was further discussion regarding the traffic flow along Lee Avenue North going south once leaving the site to get back on to Brooklyn Boulevard heading north. It was suggested by the Commission that a sign be placed that would discourage traffic from going down Lee, north of 69th Avenue North, which is a dead end. Marty Bornholdt, 6939 Lee Avenue North, stated that they have concerns with safety and increased traffic on Lee Avenue North in their neighborhood. She stated she is in favor of the business opening up but would like to see the traffic issues addressed. Mr. Eitel responded that most of the parking will be to the north of the property and many people may find it easier to exit off Brooklyn Boulevard rather than 69th Avenue North. Commissioner Kuykendall stated that with limited ingress and egress to the site, it might be helpful to install directional signs to encourage people leaving the site to take the best route. Commissioner Burfeind suggested keeping all traffic leaving the site use Brooklyn Boulevard only. Mr. Eitel further explained the traffic layout and flow along both 69th Avenue and Brooklyn Boulevard including clarifying both roads are County roads. Commissioner Leino stated that he doesn't see an easy solution to these issues but is in favor of moving this proposal forward. He added he agrees that it would be helpful to add signage to guide people back onto northbound Brooklyn Boulevard. l Page 3 8-16-12 Mr. Abuisnaineh stated he will put up a temporary fence once the house is demoed and grading is complete until the permanent one can be installed in October. Mr. Gene Wright, 15100 Stone Road, Minnetonka, asked about the hours of operation and when the lights will be on. Mr. Abuisnaineh replied they plan to be open from 10 a.m. to 10 p.m. and the lights will only be on when the restaurant is open. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks , seconded by Commissioner Kuykendall, to close the public hearing on Application No. 2012-017. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Parks stated that they want the business to be conducive to the residents in the area and also to be successful. He added that he feels a traffic study would be a good idea for this site to keep the traffic off the residential streets. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2012-18 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-017 SUBMITTED BY OMAR ABUISNAINEH TO REZONE PROPERTY LOCATED AT 6901 - 6915 BROOKLYN BOULEVARD FROM C-1 (SERVICE/OFFICE) AND C-2 (COMMERCE) TO PUD/C-2 (PLANNED UNIT DEVELOPMENT—COMMERCE) DISTRICT AND APPROVE A NEW DEVELOPMENT/SITE PLAN There was a motion by Commissioner Leino, seconded by Commissioner Parks, to approve Planning Commission Resolution No. 2012-18. Voting in favor: Chair Rahn, Commissioners, Burfeind, Kuykendall, Leino, Morgan, Parks and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its August 27, 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. APPLICATION NO. 2012-018 OMAR ABUISNAINEH Chair Rahn introduced Application No. 2012-018, consideration of proposed Preliminary Plat of MONTY ADDITION, for the property located at the northwest corner of Brooklyn Boulevard and 691h Avenue North, and addressed as 6901 and 6915 Brooklyn Boulevard. (See Planning Commission Information Sheet dated 8-16-12 for Application No. 2012-018.) Page 4 8-16-12 Mr. Eitel explained the proposed preliminary plat is for the two properties located at the northwest corner of Brooklyn Boulevard and 69"' Avenue North and they are identified as 6901 Brooklyn Boulevard and 6915 Brooklyn Boulevard. The plat proposes a new Lot 1, Block 1, MONTY ADDITION. He added the applicant acquired the residential property to the north (6915) of this site, for purposes of expanding the parking for the benefit of the new restaurant. Mr. Eitel described how the applicant was required to combine the two parcels as part of this redevelopment project. He added the main parcel (6901 Brooklyn Blvd) is the former Starbuck's and retail business building, consisting of 0.58 acres (or 25,414 s£); and is currently situated in the C2 (Commerce) district. The adjacent 6915 Brooklyn Boulevard is a 0.22 acre (9,635 sf.) lot, which previously had a small residential dwelling, and is zoned C1 (Service-Office) district creating a combined area of 0.8 acres. PUBLIC HEARING—APPLICATION NO. 2012-018 There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to open the public hearing on Application No. 2012-018, at 8:30 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. No one came forward for the public hearing on Application No. 2012-018. CLOSE PUBLIC HEARING There was a motion by Commissioner Leino, seconded by Commissioner Parks, to close the public hearing on Application No. 2012-018. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2012-19 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION'APPLICATION NO. 2012-018, SUBMITTED BY OMAR ABUISNAINEH, A REQUEST FOR PRELIMINARY PLAT OF MONTY ADDITION FOR THE PROPERTY LOCATED AT 6901 AND 6915 BROOKLYN BOULEVARD There was a motion by Commissioner Kuykendall, seconded by Connnissioner Parks,to approve Planning Commission Resolution No. 2012-19. Voting in favor: Chair Rahn, Commissioners Burfeind, Kuykendall, Leino, Morgan, Parks and Schorming And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its August 27, 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. Page 5 8-16-12 I DISCUSSION ITEM There were no discussion items. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Parks, seconded by Commissioner Leino, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:43 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 6 8-16-12 i i City Council Agenda Item loo. 10a COUNCIL ITEM MEMORANDUM DATE: August 27, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Cleric SUBJECT: Type IV 6-Month Provisional Rental License for 5814 Ewing 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 5814 Ewing 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. The property was previously issued a Type III Rental License. This property qualifies for a Type IV provisional rental license based on nine property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past 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 Rental 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: 06-11-2012 The Owners,Peter and Michelle Nyarecha, applied for renewal of the rental dwelling license for 5814 Ewing Ave N, a single family dwelling. 06-20-2012 An initial rental inspection was conducted.Nine property code violations were cited, see attached rental criteria. 07-18-2012 A second rental inspection was conducted and passed. 07-18-2012 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 08-08-2012 A Mitigation Plan was submitted. 08-13-2012 The Mitigation Plan was finalized. 08-16-2012- 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. 08-16-2012 Records indicate the owner is past due on utilities, $146.21 since July 11, 2012. 08-20-2012 The utility bill was paid. 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 08-21-2012 A letter was sent to the owner notifying that the hearing before the Council will be held August 27, 2012. Prior Type III Rental License approval activities: 05-10-2011 The Owners, Peter and Michelle Nyarecha, applied for renewal of the rental dwelling license for 5814 Ewing Ave N, a single family dwelling. 06-03-2011 An initial rental inspection was conducted(one order cited, see attached rental criteria). 06-30-2011 A reinspection was conducted and passed. 07-08-2011 City records indicate zero validated police nuisance calls were reported. Note: The rental license did not expire until 08-31-2011 as indicated below. Prior Type III license approval activities: 08-09-2010 Salim and Michele Nyarecha,owner, applied for a rental license for a single family home. 08-09-2010 A Type III Rental License was approved by City Council 08-10-2010 A license requirement letter was sent to the owner. 09-10-2010 A reminder letter reiterating the requirements of a Type III Rental License, including Action Plan submittal, was sent to the owner. 10-07-2010 An Action Plan was received. 10-12-2010 The Action Plan was approved. 08-10-2010 The Crime Free Housing Course Certificate was submitted. 09-22-2010 The security assessment was conducted(CPTED). 02-23-2011 An email was sent to the owner reminding him that he is required to attend at least two ARM meetings and schedule an inspection confirming compliance with the security assessment report. 03-10-2011 The owner attended an Association of Responsible Managers (ARM) meeting. 08-31-2011 The rental license expired. 10-20-2011 An administration citation was issued for failing to meeting license requirements. If approved, after six months,a new rental license will be required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and presems the public trust COUNCIL ITEM MEMORANDUM Excerpt from Chapter 12 of Citv Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type 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 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. Rental License Category Criteria Policy—Adopted by City Council 03-08-10 1. Determining License Categories. Mission:Ensuring an attractive,cleat,safe,inchtsive conznuudly that enhances the quality of life for all people and preserves Ore public trust COUNCIL ITEM MEMORANDUM 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. j Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I—3 Year 1-2 units 0-1 3+units "' 0-0.75 Type II—2 Year •1-2 units Greater than 1 but not more than 4 3+units Greater than 0.75 but not more than 1.5 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 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3+units Greater than 1.5 but not more than 3 Type IV—6 Months 1-2 units Greater than 8 3+units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault,burglary,theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are"Family or household members" as defined in the Domestic Abuse Act,Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of"Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater 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. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and presewes the public trust COUNCIL ITEM MEMORANDUM Attachment -Mitigation Plan I Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust i City of Brooklyn Center Phone:763-569-3300 TTY 711 6301 Shingle Creek Parkway fax:763-569-3350 Brooklyn Center,MN 55430-2199 www.cityofbrooklyncenter.org Rental License Mitigation Plan--Type TV Rental License Handwritten plans will not be accepted.Please type or use fellable form on City website. OWN mown= WIN 11 Prbpeity Address: 5814 EWing Ave N wI'erNa`rte -ichele'&Peter'NyareOha A$ent:N/i4 Owner Address: Agent Address: 4499'1 Fluorine$tNVy Ramsey,.MN 5531)3 - NIA OWhenPhone.659 7 6.9670 AgenE Phone Owltec Email ladySIJ116a2�hOtrrlall com Agent E rail:N%/A . . Rental License ❑ New_ .❑Renewal: Current License Exptratton Date *Pending Type V Ltcefise Exp Date 212812012 I(Sizmonths' m`crurentlicense" uatlon ;-: Based on property conditions and/or validated police nuisance incidents,the above referenced property qualifies for a Type IV Rental License. Before your license application can 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 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 ensure oneoine compliance with Cih,Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. I 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: 1. Crime Free Housing Program Training Certificate(if completed,if not completed,please include �p scheduled date in Section C. I v u 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10"of each month(after license approval). 9—MM-1 NMI ase ✓ 1. Use written lease including Crime Free Housing Lease Addendum. 57-12. 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 r i i v ,4. Attend City approved eight hour Crime Free Housing course. ]late Course Completed: 7/27/2012 or Date Course Scheduled: Phase 11 ® Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 9/22/2012 Improvements to be completed by: 11/29/2011 Phase III I will attend a minimum of 50%of the ARM meetings(two). I will attend the ARM meetings scheduled for: 313-2012 & 11-8-2012 Do these two meeting dates occur before the*Pending Type IV License expiration date? ❑Yes FEI No (*See Section A)If no,you will only be able to qualify for a Type IV Rental License upon renewal. --1 I will have no repeat code violations previously documented within the past year. For properties with four or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. f 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 Fumace/AC- 2001 2018 Water Heater- 2001 2018 Kitchen Appliances. 2006 2015 Laundry Appliances- 2005=10 2015 Exterior -Paint/Siding,fascia,trim 2002 2027 -Windows 2001 2015 -Roof 2001 2025 j -Fence 2001 2020 -Shed - -Garage 2001 2025 -DriVevVay 2002 2013 -Sidewalks 2000 2016 Smoke Alarms&Carbon Monoxide Alarms 2008 2016 Other(s) Implementing the following best practices may assist in the management of your property. By checking the boxes below,you agree to: 1. Check in with tenants every 30 days. tl ' 2. Drive by property to check for violations twice a month. i Page 2 Type Iv Mitigation Plan Rev 11-16.11 9T/£0 39VJ 3NIV-19 9NIAI-I 3iins T99ZVSZ69L TZ:91 ZTOZ/£0/80 i ILJ 3. Evict tenants in violation of the lease and all addendums. 4. Provide lawn/snow service. 5. Provide garbage service. 6. Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: 8. 1 am and will remain current on payment of utility fees,taxes,assessments,fines,penalties and other financial claims clue to the City, ® 9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council,the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10h of each calendar month,the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan,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. Michele Nyarecha Owner or Agent Name and Title(Please Print) 8/3/2012 Owner or Agent Signature Date Peter Nyarecha Additional Owner or Agent Name and Title(rfapplicable)(Please Print) 8/3/2012 ditional Own or Agent Signature (tf applicable) Date For City Use--Mitigation Plan Approved By: /6d,4, e— cz!�E 3 11olice Department/Title D to 4') unity Standards Department/Title Date Page 3 Type IV Mitigation Plan Rev 11-16-11 9T/D0 39tfd 3NIG1H qNIAi-i 31If1S T99679L69L TZ:9T ZTOZ/68/86 AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION August 27, 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. Results of City Code Resident Survey 2. Neighborhood Designation 3. Brooklyn Center Youth Recreation Center Flooring and Equipment PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing I. National League of Cities Service Line Program 2. Sister City Update 3. Success Target Update Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: August 27, 2012 TO: Curt Boganey, City Manager yr S FROM: Vickie Schleuning, Sistant City Manager/Director of Building and Community Standards SUBJECT: Results of Resident Survey- Parking, Driveways, and Waste Containers Recommendation: It is recommended that the City Council provide direction to staff regarding the desired amendments to ordinances pertaining to parking, driveways and waste containers. Background: On February 27, 2012,the City Council reviewed possible ordinance revisions relating to waste container storage location, vehicle parking requirements, and driveway requirements. Based on City Council discussion, a survey was developed in order to obtain feedback from residents about neighborhood standards. Information about the survey and the results is provided in order to consider as part of the greater ordinance amendment process. Survey Although the survey is not a scientific survey, it does provide some insight to the views of residents and property owners. The survey was posted in the Summer 2012 City Watch and was also available through a link on the City website. Approximately 12,225 surveys were mailed primarily to residential households in Brooklyn Center the week of April 13, 2012. Surveys were collected until May 17, 2012. The results are provided in the Attached Table and represent 353 unique survey responses. Of these responses, 145 were submitted from the newsletter and 208 were received through the City website link. In addition to the 353 unique survey responses,the following entries were excluded from the statistical totals of the survey: • 59 repeated entries within minutes on the website fiom the same IP address. This could have been due to a glitch in the survey monkey system or,an intentional action to manipulate the survey. Regardless,the original survey data from this IP address was included in the statistical analysis. ® 38 paper copies of the survey with the same results were submitted indicating properties that had parking on grass or other elements related to the survey. The envelope stated that they were"Drive by Surveys Taken" of properties. Summary of Survey Results The following is a brief summary of the results of the survey. • The results indicate that the majority, 73%, of respondents do not support vehicle parking on grassy surfaces. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people anal preserves the public trust MEMORANDUM - COUNCIL WORK SESSION • The majority, 78%,believe there should be a limitation on the number of vehicles and non-motorized vehicles that can be stored outside on a residential property. • Respondents were nearly split in their views regarding gravel driveways and improved driveway surfaces in general. • Respondents were more in favor of prohibiting driveways abutting property lines (56%to 42%), and were slightly in favor of a three foot buffer between side property lines and parking surfaces. • In regards to waste container storage,most respondents were nearly evenly split in their preference for storage either in a garage/enclosure (32%) or in the sideyard or backyard (37%). • Most respondents supported snow removal requirements for both vacant(62%) and occupied housing (66%). I Council Goals: Strategic: 2 We will stabilize and improve residential neighborhoods 4. We will improve the city's image Attachments: Attachment I- Resident Survey Results Attachment II- Resident Survey Attachment III- Draft Ordinance Amendments Attachment IV- Council Work Session Memo 02/27/2012 i i I i i Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust i Attachment I-Resident Survey Results Resident Survey—Parking, Driveway and Waste Containers 353 unique survey responses were received. Approximately 12,225 surveys were mailed primarily to residential households in Brooklyn Center the week of April 13,2012. In addition,a link to the survey was placed on the city website. Surveys were collected until May 17,2012. The survey is not intended to be a scientific survey; however,the information is accurate to the best of our knowledge. 1. Should a citizen be allowed to park vehicles on the grass or landscaping in the sideyard or backyard? 93 258 2 26% 73% 1% 2. Should a citizen be allowed to park vehicles in the sideyard or backyard if they are parked on paved or 241 109 3 concrete surface? 68% 31% 1% 3. Should a citizen only be allowed to park vehicles on the driveway in the front yard? 203 142 8 58% 40% 2% 4. Should there be a limit on the number of vehicles parked or stored outside on a residential property? 276 74 3 78% 21% 1% Ifyes, boav maly? a)No more than two-- 123 (35%) b) No more than four-- 117 (33%) 67 c)No more than six--44(13%) 19% 5. Should there be a limit on the number of non-motorized vehicles such as trailers,boats,campers? 278 73 2 79% 21% 1% Ifyes, bosv many? a)No more than hvo--232 (66%) b)No more than three-- 26 (7%) 82` c)No more than four-- 12(3%) 23% 1 6. Should a driveway be requited to be concrete,paved/asphalt, or brick? 204 143 6 58% 41% 2% 7. Should gravel driveways be allowed? 163 182 8 46% 52% 2% Em 8. Should a citizen be allowed to install a driveway and/or parking area right up to the neighbor's 148 196 9 property line? 42% 56% 3% 9. Should a driveway/parking area be at least three feet from the neighbor's side property line? This 188 152 13 does not pertain to shared driveways. 53% 43% 4% 10. After garbage and recycling pickup,where should the containers be stored? 13 a)in a garage or enclosure-- 113 (32%) b)in the sideyard or backyard-- 129 (37%) 4% c)in backyard only--32 (9%) d) front, side or backyards-- 65 (1801o) I I !!I III ill u 1 14.Should owners of vacant properties be required to remove snow from the driveways? 220 120 13 62% 34% 4% 15. Should owners and occupants of occupied properties be required to remove snow from driveways? 234 107 12 66% 30% 3% Attachment II-Resident Survey Form The City orditnllces relating to driveways,pi6dng sur6ce retluirements,and waste container storage locations ue being reviewed and uv want your feedbacr Please uke a few minute,to fill out this surer. You nip complete the surw below and marl,in,complete online at utc�r.citsoforc�2 l;uceuter.or�/codes�sx E,or call (-163)569-3330. Please compete the survey by May 15,201? 1.5hauld a citizen be aor.ed to part re :,-Ot:on the pn=or Ltnd cipEng in the tidev=d or back td? 2.Should a citizen be zDarred to put rebut:it the:d:sud or bxc1;and if the,are Puked an pared or concrete varace? 3.Should a citizen cn j be allowed to park;rehicle;on the drivewig in the from;udP 4.Should there be a ticik on the number of rel kle:parlyd or:toted outside on a re:idenfil pry Tyr f;r, Ewa }s x)No more than rav b)No more thin four c) No move thzc:is i 5.Shauld there be a Uni on tls_-number of non-=c,o&td rehide;such a:trailer.boa^,camper:? i Ty�jrr. rm �r a)one b)No more than tiro e1 No more thin three d)No more than four s tS.S?aautd a dri:'ettar be regtszed to be concrete,paredfi:phal;ce b&L:l i.Should grard&-v=—,be allaxed S.Should a citizen be zU=v l to im=U a darccraj agar 11ar}3r9 area xig�t up to the neigobu's property line? 9.Should a drirectus/puLag area be at kea;t three fee^,from the zeiggaboe—.sick preperV Line? Titi:doe:not Per.=to:bared dccez3r.. lV. 30.asftcr garba�-e sad recrcl:ng pidvp,where:hoild the cantainec:be stored.' a)in a gunge or enclosure b}in the:id.. and ee ba&7=d e�in bac`LFud en1 j d;fzon,side oc baehfard 14.Sbs4d ouas;of scant properr.be regtc xed to remove:hoc•from the ddree;: 15.Should owner.and ocrapant:of ocapled properdr.be retired to remote=om hom drimc3; Thar%kc you for taking the tine to Lire u:)ouz feedback.. Mao to: online Surrey:t tc rcittY+fbroo� esorgi codt utter Cr of BsocU-im Cues Budding&Community T can.ara d;Department $F Telephone. (766)569-3330 Bull Single Creel:unity S j N 1'iea:e complete the surrr pricy to c.a� ;o Sour answer; Brook a Cer. Viii'55430-2104 ue rexdl to pea icy to dtj:ta Attachment III- Draft Ordinance Amendments CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2012, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to signs in the City. i Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 763-569-3303 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO PARKING OF VEHICLES AND AMENDING BROOKLYN CENTER CITY CODE SECTIONS 35-900, 19-102 AND 19-103 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code, Section 35-900, definitions of "Yard", "Yard, Front", "Yard, Rear" and "Yard, Side" are amended as follows: 35-900 YARD. , exeept as otherwise pefiniffed this efdinanee. A yafd extends aleiig a let line and at right angles to sueh lot line to a depth of widt>, speeified in the ,.,a regulations f.the ,list,. et in ,-hie1, eh lot is lseateu An omen space unobstructed from the ground upward with the exception of landscape materials and minor fixtures of a non-structural nature commonly found in a yard. For the purpose of this chapter, front yard, side yard and rear ,yard shall have the following meanings: (1) Yard, Front n yard extending .,long the ffill width of the f epA lat lino between the between the side lot line and the eppesi-telet lino .,bttai g a publicc street.-The area between the front lot line and a line drawn along the front face or faces of the principal structure on the property and extended to the side property lines. Where a lawful existing garage is located closer to the front lot line than the principal structure, the front yard is the area between the front lot line and a line drawn along the front face or faces of the principal structure to the perpendicular line following the accessory structure to the front face of the accessory structure and extended to the side property line. For properties where the front yard definition is not applicable, the city will determine the front yard area. (Figures 1 - 5) (2) Yard, Rear. — n , ,,,.,a extending „lan„the f,rl width „f the ,-ea,. r„+lino between the two side lo t lines. The area between the rear lot line and the closest portion of the principal structure and abutting the side and front yard. Figures 1 - 5) I i I A d to ding r,l,,n the side lot line b etweei the f+ep+ a d_i:ea.le (3) Yard, Side— - �-- o � ' � . . �u� �.,� linos. The area extending from the front yard to the rear yard alone a side lot line measured perpendicularly from the side lot line to the closest point of a structure. (Figures 1-6) Figure 1 Figure 2 Figure 3 REAR REAR w REAR garage ° V W SIDE ° house w � w � N house �°- house garage �° garage p FRONT . 3 'FRONT::. FRONT eROPERrr uNE PROPERTY LINE--;-... ? o CURB/ROAD EDGE' O CURB/ROAD EDGE' PabR�Rir CURB�ROAL EOGE'" Figure 4 Figure 5 Figure 6 ALLEY ROAD EDGE/PROPERTY LINE •.w.'_ ..WU Z. J, g driveway garage o . m REAR a U REAR 25 FT:15+FT :.ADJACENT TO STREET'. REAR 9 house garage w w �.. 0 house garage °—V) : 3 .FRONT. m w w o ° house ° PROPERTY UNE'®:: ': i!1 U7 FRONT' .. _ CURB/ROAD EDGE - — PROPERTY LINE-"- _LL..:..-. .. :.::....._. CURB/ROAD EDGE ..'.FRONT ..' PROPERTY LINE.:':_' CURB/KcIAD EDGE Section 2. Brooklyn Center City Code, Section 19-102 is amended as follows: CHAPTER 19 PUBLIC NUISANCES AND PETTY OFFENSES Section 19-102. DEFINITIONS. The following words, when used in this o echa ter, shall have the meanings ascribed to them: 1. Garbage includes all putrescible animal, vegetable or other matter that attends the preparation, consumption, display, dealing in or storage of meat,fish, fowl, birds,fruit, or vegetables, inc lud in g th e can s containers of wrappers wasted along with such materials. 2. Rubbish is nonputrescible solid wastes such as wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden waste, printed matter, paper, paper board, paste boards, grass, rags, straw, boots, shoes, hats and all other combustibles not included under the term garbage. 3. Improved Parking Surface: A parking surface such as concrete, asphalt, brick, or other hard material/method approved by the city manager or the manager's authorized agent. Aggregate,te, gravel or landscaping or similar material is not improved. 4. Total yard space: The total apace is the total surface area of the property excluding M surface areas covered by a principal or accessory structure. i Section 3. Brooklyn Center City ode Section 19-103 is amended as follows: Y Section 19-103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit,maintain, or harbor any of the following: 1. Diseased animals, fish or fowl, wild or domestic, whether confined or running at large. 2. Carcasses of animals, fish or fowl, wild or domestic, not buried or destroyed within 24 hours after death. 3. Garbage not stored in rodent free and fly-tight containers, or; garbage stored so as to emit foul and disagreeable odors, or; garbage stored so as to constitute a hazard to public health. 4. Accumulations of rubbish as defined herein. 5. The dumping of any effluent, garbage, rubbish, wastewater, or other noxious substance upon public or private property. 6. Any open well, pit, excavation, structure, barrier or other obstruction which endangers public health, safety or welfare. 7. The pollution of any public or private well or cistern, any public stream, lake, canal, or body of water by effluent, garbage, rubbish or other noxious substance. 8. Any noxious weeds, or any other vegetation which endangers public health, safety or welfare, or which is contraband within the meaning of state or federal laws. 9. The emitting or production of dense smoke, foul odor, noise, noxious fumes, gases, soot, cinders or sparks in quantities which unreasonably annoy, injure, or endanger the safety, health, morals, comfort, or repose of any number of members of the public. 10. The public exposure of persons having a contagious disease or condition which endangers public health, safety or welfare. 11. Accumulation of junk, disused furniture, appliances, machinery, automobiles and parts thereof or any matter which may become a harborage for rats, snakes or vermin,which creates a visual blight, or which may be conducive to fire, or which endangers the comfort, repose, health, safety or welfare of the public. 12. The parking and/or storage of construction equipment, farm vehicles and equipment, or a commercial vehicle with a length greater than 21 feet, or a height greater than 8 feet, or a gross vehicle weight greater than 9,000 pounds, continuously for more than two hours on any property within a residential zoning district or being lawfully used for residential purposes or on any public street adjacent to such properties. Such equipment and vehicles shall include, but are not limited to,the following: dump trucks, construction trailers, back hoes, front- end loaders, bobcats, well drilling equipment, farm trucks, combines, thrashers, tractors,tow trucks,truck-tractors, step vans, cube vans and the like. The prohibitions of this subdivision shall not apply to the following: a) Any equipment or vehicle described above being used by a public utility, governmental agency, construction company, moving company or similar company which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. b) Any equipment or vehicle described above which is actually making a pickup or delivery at the location where it is parked. Parking for any period of time beyond the time reasonably necessary to make such a pickup or delivery and in excess of the two hour limit shall be unlawful. f C) Any equipment or vehicle exceeding the above described length, height or weight limitations, but which is classified as recreation equipment as j r specified in Minnesota Statutes 168.011, Subdivision 25. d) Any equipment or vehicle described above which is parked or stored on property zoned residential and being lawfully used as a church, school, cemetery, golf course, park, playground or publicly owned structure i I provided the equipment or vehicle is used by said use in the conduct of its normal affairs. e) Any equipment or vehicle described above which is parked or stored on property which is zoned residential and the principal use is nonconforming within the meaning of Section 35-111 of the City Ordinances, provided such parking or storage is not increased or expanded after the effective date of this ordinance. 13. The outside parking and/or storage on vacant property of usable or unusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all-terrain vehicles, construction vehicles and equipment, or similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, play houses or other nonpermanent structures except as may be permitted by the Zoning or Sign Ordinances. 14. The outside parking and/or storage on occupied residentially used property of usable or nonusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, or other nonpermanent structures unless they comply with the following: a) Vehicles, trailers and watercraft may be parked or stored outside in any yard provided, however, if they are paFked of toned in the rime yard . of a yard afea abutting ^ publio street, they must be parked or stored on an authorized parking or driveway area in compliance with paragraph 15 of this section or a pm,ed grw,,eled o:Aeiis e of an autherized „^,air driveway area and be in compliance with Section 19-1301 through 1305 of the City 0fdinanees Code. n tAhefize a ,afiye., ^ and paved graveled extensions t ea The driveway and parking surface may not exceed 50% of the front yard or a yard area abutting a public street unless approved by the City Council as part of a plan approval for an apartment complex pursuant to Section 35-230 of the City Ofdi .,noes b) Materials, supplies, equipment other than construction or farm equipment, may be stored or located in any yard other than a front yard or a yard abutting a public street provided they are screened from public view by an opaque fence or wall at least six feet high or high enough to prevent these items from being seen from abutting property at ground level. C) All vehicles, watercraft and other articles allowed to be stored outside in an approved manner on occupied residentially used property must be owned by a person who resides on the property. (Persons who are away at school or in the military service for periods of time, but still claim the property as their legal residence shall be considered residents on the property.) i d) The prohibitions of this section of the ordinance shall not apply to commonly accepted materials or equipment such as playground equipment, allowable accessory structures, flagpoles, air conditioner condensers, laundry drying equipment, arbors, trellises, properly stacked firewood and temporary storage of building materials for home improvement projects in process. 15. Driveway and Parking Area Requirements. The following requirements shall apply to all driveways and parking areas located at residential properties. a) All driveways and parking areas shall be properly constructed with an improved parking surface. b) All driveways and parking areas must be maintained in good condition free of deterioration,potholes, erosion or hazardous conditions. c) Driveways and parking surfaces must be located at least three (3)feet from the side property line, excluding shared driveways. d) Driveway not exceed a width of 24 feet within the public right-of-waL e) NonConfoiming Driveways and Parking Areas. 1. Gravel driveways established by June 1, 2012 are not required to be replaced with an impervious surface if the following requirements are met: i. The gravel driveway must consist of a uniform layer of rg_avel evenly distributed from edge to edge, and must be free of bare spots, soil and vegetation. The depth of the gravel layer must be a minimum of 2 inches. ii. The gravel material shall consist of compacted rock or crushed stone such as class V mix with limestone not more than 1 inch in diameter. It must not contain sticks construction debris or other foreign material. The driveway or parking areas is maintained in good condition free of deterioration, potholes, erosion or hazardous conditions. iv. There may be no expansion, enlargement, intensification, replacement, alteration, or relocation of any non-conforming driveway except to make it conforming. 2. A non-conforming driveway use may not be changed to another non- conforming use. 3. When any non-conforming driveway material has been changed to a conforming material, it may not later be changed back to a non- conforming driveway_ 4. A property will be required to upgrade to an improved surface for any of the following conditions. 1) The gravel driveway is not properly maintained. 2) A new garage is installed or the current ara eg is replaced. 3) If the parking surface is expanded. Section 4. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. [Underlined material is new. Stfieken material is deleted.] Adopted this day of ,2012. 'I Tim Willson, Mayor ATTEST: Sharon Knutson, City Clerk Date of Publication: Effective Date: CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2012, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to signs in the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 763-569-3303 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO IMPERVIOUS SURFACE COVERAGE ON RESIDENTIAL LOTS; ADDING NEW CITY CODE SECTION 35-400.1 I THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS: Section 1. Brooklyn Center City Code is amended by adding new Section 35-400.1 as follows: Section 35-400.1. LOT COVERAGE AND IMPERVIOUS SURFACES. I 1. For purposes of this section, "Impervious Surface" means a surface that allows very little or no penetration of water or moisture into the soil or ground. Examples include concrete, asphalt, and various compacted materials including aggregate, limestone and recycled bituminous. Buildings, rooftops, patios and driveways and any other structure shall be included for the purpose of calculating lot coverage. Exception: Decks will not be considered when calculating lot coverage percentage. 2. Lots in the R-1 District are subject to the following limits for Impervious Surfaces: a. No more than 50 percent of the area of the front yard may be covered by an Impervious Surface. b. Lot coverage of Impervious Surfaces may not exceed 50 percent of the lot area. Section 2. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2012. i I Tim Willson, Mayor ATTEST: Sharon Knutson, City Clerk Date of Publication: Effective Date: I i I I I CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2012, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway,to consider an ordinance relating to signs in the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 763-569-3303 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO REFUSE CONTAINERS; AMENDING CITY CODE SECTION 7-102, SUBDIVISION 4 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS: Section 1. Brooklyn Center City Code, Section 7-102, Subdivision 4 is amended as follows: Subdivision 4. Placing of Waste Containers. Gentaine s must be plaeed behind the fonnt In the R-1 or R-2 Districts, containers may not be placed in the Front Yard as defined in Code Section 35-900. Containers may be located in the front area behind the setback of the house if located in an enclosure within forty-eight (48) inches of the principal structure or garage and are not visible from any public street or residential property. Containers may be placed in the Front Yard as may be reasonable and immediately necessary for collection, after 7 pm the day rior to ick-u and on the flay of pickup. In no event may containers be placed or maintained in a way that unreasonably interferes with the use of adjoining property. Containers kept outside must be placed in a manner that does not permit entry of or harborage for animals, insects or other vermin, or permit the container to be tipped over. Containers must be maintained in a reasonable clean condition at all times. Section 2. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. [Double underlined material is new. Strieke material is deleted.] Adopted this day of , 2012. Tim Willson Mayor ATTEST: Sharon Knutson, City Clerk CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2012, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to signs in the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 763-569-3303 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO REMOVAL OF SNOW AND ICE; AMENDING CITY CODE SECTION 12-314 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS: Section 1. Brooklyn Center City Code, Section 12-314 is amended as follows: Section 12-314. REMOVAL OF SNOW AND ICE. Every owner and occupant of a dwelling containing a single dwelling unit, and the owner of a multiple family dwelling or a nonresidential building shall be responsible for the removal of snow and ice from parking lots, driveways, steps, and walkways on the premises. Unless an emergency situation exists or snow removal is necessary for maintenance activities vacant properties are exempted for a single dwelling unit. Individual snowfalls of three inches or more, or successive snowfalls accumulating to a depth of three inches, shall be removed from parking lots and driveways within 24 hours after cessation of the snowfall. Individual snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch, shall be removed from steps and walkways within eight hours after cessation of the snowfall. Section 2. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. [Double underlined material is new. St1'i$4Een material is deleted.] Adopted this day of , 2012. Tim Willson, Mayor ATTEST: Sharon Knutson, City Clerk Attachment IV- Attachment IV- Council Work Session Memo 02/27/2012 XIEMORAN-DUAL - COUNCIL NV RK SESSION- DATE: F elmass.217,2012 TO. Curt DoEan-n" Citv'lklanzzer FROM: Vid.i a S chlqunir;E.Assistant City lanazerDire-c-toi of E ui ldiaz and Comrxmnitv Standard-3 - SUBJECT: Draft Ordinance for Vehicle. Packing,and Maintanan-ce Requirements. Recommendation: Plsa:a raviev,-the follovvine cL,-,,R ordinance and give fern cad: to staff Back-ground: In X005 and 2006 the City Council and the Hou.sin.-Ca=bsion fe-vienved izsuiz relating to restricting the number of vehiclez at proper. An ordinance amendment to chapter 19 rvas propo.-ea ai the N I arch 2 7, 21(>D 6 Council? feet i r,z. The ordinance amendment vvas t abl--d for the review of other options such.w increazed enforcement of the cc-zmt ordi=, ce. In N 1wch of 2100 S cc.,-;-2 changes W-_.2 rna!a to chapt-_ 19-1=N.Thee-2 am endin ant 3 provided d for stronger and clearer lmfguage for the enforcement of inoperable vehicle-a.At the time of this O:dinancechan,.va: it ova?:uzze2ted that naffieview the impact this =,codieclEe would have in jr,jXQ-yjr.-42 the app-_-=ce and�afet •of theneig11worho-c d. imp-.ova vehicle related issue_-. Overall,the ordinance chan.-a regaldinejurk1noperable vehicle- ha.s b a ul:ce_----f L,1 in r educ i n z b I i ah,t a-,,� oc i ai ad r a S i d en,t co n-c-=. . One ch,an!z a i r z 1 u d ed the a7,),i I i t-,,,-for the city t o ram o%-a a junk)irop able vehicle and chw z a the colts bad.to the pioperryo-,vr.er. though it hw�iwely are to achieve compliance,Admini.-tiafive t i a:-have al 1.0 1 Par-al improved compliance. On Au zu s t 2)3, 2010 a te s i dent,ad&as_reedi the C ounci I recues t i n Et an ordinance to re S tri ct the number of vehi cl e!all ovveadi to be parked outside a a-.,a-..I Can t i af pie ty. Cment Ordinance Summ ary As um m an-o f the c men t city ordinances in f-,-I at i on to vehicle s t andxds at re 3 i der.I i al prppeSt�.• i5 provided bl ON;% • All vehiclez stored at a pfopEfty mmust b=properly licen-Seed and in operable condition. All%-.hi cl.2 1 s t ored at proper'Aunt be ov,-nz-,d by a resident of the property,Nvi th the • exception,of temporary gue-n* Vehicle. :,toned in the front vasd of side 2etbad.(not defined w side yard),must be lo,zandq on an approved SufLza such as gravel,bit=- inorz or concrete. j As a-ILtL P,1� A'1,el r f C I• MEN IORA.N- 'DU"-NI - COUNCIL NVORK SESSIO • Commercial vehicles may not be parked on tesidential ptopefties except f6freasonable deliveries or service Lip to 2 bouts. • Veh i cl es may-not bye s t wawdd on the stmt o vem i 0.t b et w-eeen the hours of 2 am and 6 am, or for more than 6 continuous hours. Ba----d on f.-med-'back teceivewd from the City Coun-ci I, si-everalordinance am amdmentshweb-am drafted---d and are att acl�- for cons i d-=i on. Summary of Draft Ordinmces A sum m.an-of the requirements o f the draft ordinanceamendment3 is as foll olvs: 9 All vehicles must be-parked on either an impervious sur&ce or a gimumt -ifed pal,-I parking sudwe in any yard area- front,back sides. 0 An improved surface andinip--wious surface is defin-zed- 9 Giandfiih-ering conditions for existing well-maintained gr-Avddsiv---Nvz-s and,p--.W:ikz arew are prescribed, * S tandmds-for dri ve-wv installation an.d mai n t enar-ce are established--d for both i mprovied and gmvel drive•aNy and parking,areas. • Definitions for front,side and rear yards at aprop�vare prmided. * R N- uirements for the amount of improved and impervious surike3 allo%;*A--4 for a single f3mily lot(in R-1 and R-2 zones)in front yard and total lot are established. C i tytM de S urvev InNovernber 2011,city staffrine •i-e-wed 2,2 7 5 single family)'single family properties (approximsfely 29 percent)randomly selec-ted thsaughout the city in order to determine the impact of the drafted ordinance amendments.The findings of the survey are briefly summarized below. * An e3timaied 33%ofpfoperties;r,!ould b-,-in violation of the new waste contain-2r 10=ion * 4P,�of the properties surveyed had a dirive-waythalwas lo=--,dvithinth.,seef--:et of flee Property. * 1011�of that could potentially be gfand&th-2 re and remain gravel,while three driveways were dirt. 7 This number is anticipated tobeahigher since the survey does not include any vehicles that wefe to sled in th-eba&-yard of areas not visible from the street. COUndl Goal: Straiegic: 2. We Mll i ' . IORA U ' , - C UN C IL AVORK SESSION Attacbmen tt: Atta;bnent I- Draft(>sdirjL-.A.Am ents Attschment II- City 5tve}Results Amcbment M- maple Fl:-otc% Work Session Agenda Item No. 2 MEMORANDUM - COUNCIL WORK SESSION DATE: August 27, 2012 TO: Curt Boganey, City Manager FROM: Vickie Schleuning,Assistant City Manager/Director of Building and Community Standards SUBJECT: Neighborhood Designations Recommendation: It is recommended that the City Council consider adopting official neighborhood designations. Background: A proposed map with neighborhood designations was reviewed with the City Council at the Work Session on December 12, 2011. In addition to the Council comments, staff met with the Parks & Recreation Commission and the Housing Commission in January and February 2012 to obtain their feedback. As a result, some slight adjustments were made to the geographical areas and a couple of the proposed neighborhood name recommendations have been changed. Staff informally developed neighborhood designations throughout the City initially to facilitate the neighborhood area meetings spearheaded by the Police Department. It has been a way to promote consistent communications about projects in those neighborhoods. The neighborhood designations are being brought forward to the City Council for consideration of formal adoption by the City Council. At this time, based on feedback from the City Council and Commissions, the primary purpose of the neighborhoods would be for broad communication strategies. In the future, other uses could be explored as part of policy decisions or targeted programs. A description of the recommended neighborhood designations is as follows: ® There are seventeen different neighborhoods throughout the city. • Fifteen neighborhoods have areas less than 900 single family properties. • Two neighborhoods are comprised of commercial properties. o Neighborhood names are primarily derived from local neighborhood parks, positive identifiers and often natural focal points of a neighborhood area. Two exceptions include: • Shingle Creels Neighborhood, which does not have a designated park within its boundaries. However, a trail runs along Shingle Creek. • Riverwood Neighborhood, which has been generally operating as a neighborhood. The park is Riverdale Park and changing the name to Riverwood is an option. More background information can be found in the attached memorandum from the December 12, 2011 City Council Work Session. Mission:Ensuring an attractive,clean,safe,inclusive eonnniudi y that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION If the City Council approves of the recommended neighborhood designations, staff will prepare a resolution to officially adopt the neighborhoods at a future Council Meeting. Policy Issues: • What are the benefits or drawbacks to officially identifying neighborhoods? • What level of resources and timeline should be allocated toward neighborhood programs? I.e. Staffing, signage, grants Council Goals: Strategic: 2. We will stabilize and improve residential neighborhoods 4. We will improve the city's image. i Attachments: Attachment I- Map of Recommended Neighborhood Designations Attachment II- Map of Recommended Neighborhoods and Police Sectors Attachment III- Feedback of Park and Recreation Commission and Housing Commission Attachment IV- December 12, 2011 City Council Work Session Memorandum i Mission:Ensuring an attractive,clean,safe,inclusive commniity that enhances the quality of life for all people and presewes the public trust Attachment I- Map of Recommended Neighborhood Designations 3 ` 5 E � � y i j j j 9 joY pp e• Rff - � ,A+S 94 !7 iC 7 � ,a'4 Shc {A nA S? 69 City of BROOKLYN CENTER M, I NEIGHBORHOODS 4 _ Parks Bellvue Centennial v _ _ East Palmer Lake v I- s g, . _• Evergreen ® Firehouse iiE €€ `, _. !;' `c .- Garden City Grandview , LOCAL STREET q -. = - Ii Happy Hollow _„_, INDEX �' I - - _r,�.. Kylawn Lions s r.a� E •6 ..... �� Northport v Orchard Lane � ly Riverwood Shingle Creek Twin Lake West Palmer Lake 8 J Willow Lane .a�mvrt<a�amw�n,,.m.=vm,al.l�rna� '-''W y lornrnlca mvnnwadmb ramplawn a,mcmes,iammnnna�aw 4.•_'�• � mea 9lorm TJ nooM xV,a,el olrim amomerwnan rtpvang J ' N m mn.a nl..mmlmlmrtG�ao�I.m..msamwlaiD.� . 7 uaa Paramc lm�m�mc c„almc,aamccMrtaana,�aac+•mmm ma �'�" C GIS Dm vavlcl,n[an0a ...... �ana wn,o %:,.,. = 'T"I �- � eavnnp measvemenwle wcemmrcann or0leenlmmo�ie oYmM a, C W oa FVM�n am�vm rmmanncewvoes>e,wmn�+v mmna an uv= ' l W E aav a aD�awmmlDm.m lalow,ws '–•�•• – .... q 9.25 0.5 mep<cemnq mvmmernpmavn pmm,mnlomnl,nw svnneaP�w, _._.. �r9iles w-m rzonl.mm me u:aor mn mpa.rtc,�+nm meoly.nrte as ea $ mr mya,mooa>^ec,al.,. ..rr<artn a,m.,am a��mamma. 'mmM.am Iww mnnle,:me CM rtan vnY ana m mma omgn,q u,<r,da emµgm;a m�mu,a mve rvunwnlm vns m m me v,a,vcaaa ueem am PfmAaea. Attachment H- Map of Recommended Neighborhoods and Police Sectors cih-of BROOKLYN CENTER E R ER LIXI'All rC—E,NTER NEIGHBORHOODS tj Ljl Parks Patrol Districts 4 4" .. Beiivue Centennial a II East Palmer Lake A Evergreen Firehouse MIME Garden City Grandview LOCAL STREET 4 Happy Hollow LOCAL Lions Northport F 5 orchard Lane Riverwood Shingle Creek Twin Lake 6 West Palmer Lake Willow Lane 23 Uy lcO[ Ill C��Ic flt�System(GIS)D= N _0 + W E 0 0.25 0.5 1 Miles S lam vmm1llhl IN User,na dpdea. i Attachment III-Feedback from Parks &Recreation Commission and Housing Commission City staff met with the Parks&Recreation Commission and the Housing Commission in January and February 2012 to obtain their feedback regarding the official designation of neighborhoods throughout the City. The feedback from the Commissions is summarized below. In some cases, responses are added to address the question or comment. 1. Many commissioners thought establishing designated neighborhoods is a positive idea and would be useful for communication purposes. 2. Many commissioners thought the use of parks names was a good option. It was recommended that the park,names be used where possible, with the exception of the Riverwood area. • Would it be possible to change the Riverdale Park name? • The new neighborhood designation map recommendation reflects a couple of neighborhood name changes to match the park names. 3. It was recommended to relocate the northeast block of homes in the Happy Hollow neighborhood to the Lions neighborhood. ® The new neighborhood designation map reflects this change. 4. Will official neighborhood boundaries be a first step in creating political wards? ® This was the first time the ward system was brought zap to staff during the neighborhood designation project. If a ward system is approved, the process for creating wards would be a completely separate process. 5. Can all city projects conform to the designated neighborhoods for implementation? ® It would be difficult to have all current and future city projects work within the confines of the designated neighborhoods. For instance, some government programs may stipulate geographical areas based on census tracts or other factors. I.e. Neighborhood Stabilization Program (NSP). However, the designated neighborhoods would be considered as a factor in establishing and implementing programs and projects. 6. How do the police department sectors compare to the neighborhoods? Can the neighborhoods be used for communications to residents? Inconsistency in communication areas could be a negative. Residents often are more interested and may pay attention to issues in the smaller neighborhoods versus • There are five police department sectors. They are very similar to the recommended neighborhood designations. A map is provided that shows the outline of the police sectors in relation to the recommended neighborhoods. • The police department currently uses similar neighborhoods as part of the Neighborhood Area Meetings. More research will be conducted by the police to determine if they could be used for additional communication and as technology allows. Attachment IV- December 12, 2011 City Council Work Session Memorandum MEMORANDUM — COUNCIL WORK SESSION DATE: December 12,2011 TO: Curt Boganey,City Manager l � PROM: Vickie Schleuning.Assistant City lManagcr,Director of Building and Community Standards SUBJECT: Neighborhood Designations Recommendation: It is recommended that the City Council prow id.°direction to staff regarding the development of official neighborhood designations. Background: Staff informally developed neighborhood designations throughout the City to initially facilitate the neighborhood area meetings spearheaded by the Police Department. It has been a way to promote consistent communications about projects.The neighborhood designations are being brought forward to the City Council for consideration of formal adoption by the City Council.At this time,f2nnnal adoption of the neighborhoods could assist%vith broader communication strategies. In the future,other uses could be explored as part of policy decisions or targeted programs.Proposed neighborhood designations and sonic considerations are reviewed in this memo. The draft neighborhood designation map consists of seventeen different neighborhoods in areas of less than 900 single famil properties. Staff from City departments met initially to discuss area characteristics,names and identifiers.and potential uses for neighborhood areas.The neighborhood names were derived from local neiLliborhood parks,positive identifiers and often natural focal points of a neighborhood area. The 1?hysical and neighborhood characteristics,such as streets and property types;were also considered when defining the proposed neighborhoods. Comparison: In order to best determine tho neighborhood areas,it is important to know how the neighborhoods Nvill be used. There are several factors that would influence the optimal size and geographic location of the neighborhoods. As part of the research,staff interviewed representatives from five different cities that currently have neighborhood designations to find out the successes and challenges of establishing and using neighborhoods areas. Some highlights of this research are provided below: The size of neighborhoods varies significantly between cities. o The number of neighborhoods within a city can vary significantly depending on the overall size of the city and neighborhoods. Portland Oregon has the greatest number of neighborhoods at 95 and the City of Crystal has 14 being the fewest. _I/ksion:Ensurin;an nlnaclire,clean,srrJi rornnuu7ip that enhances the gnalih•r flrje andpres•erves the public tnt.st Noil i 1 I MEMORANDUM- COUNCIL WORK SESSION • In general,cities have used the neighborhoods to improve communication between the city and the residents through targeted mailings and correspondence,and in certain cases through specific neighborhood programs. • One common challenge identified is citizen involvement.Although some cities have tried to invoke ongoing engagement through neighborhood programs,sustaining neighborhood involvement in the lone run was not always achieved. • Some cities have allocated resources such as staffing and dedicated fiends to support neighborhood group programs. For more information,please see the attached City Neighborhood Comparison chart. Consideration: There are many aspects to consider when defining a neighborhood within the city. C, Size:The first thing to consider is the size of the ir-ighborhoods,which could vary fiom a block level to quadrant. The proposed neighborhoods vary from 200 to 1000 single family properties,or approximately 15 to 40 square blocks within each neighborhood. • Use:The use of the neighborhoods Neill influence the recommended size of a neighborhood. Neighborhoods can be used for communications purposes,for � neighborhood meeting s,grant appropriation.neighborhood groups,inspection areas, street maintenance areas,etc. ® Resources:Depending on the development and use of neighborhoods,the resource needs vary. Staff time may be involved in the setup and monitoring of these neighborhoods, depending upon the level of neighborhood area involvement and initiatives. For example,if a neighborhood grant program is initiated,staff and funding resources would be greater than using the neighborhoods for communication only purposes. A neighborhood program could involve City staff coordinating neighborhood cleanups or garage sales. • Identification:Neighborhoods can be physically identified through various means such as on street signage or by monument type of signage. The costs vary depending on the number and type of signs. • Resident Involvement:One key factor of a successful,high level neighborhood designation is resident involvement and acceptance. When determining neighborhood areas,it is important to consider resident perceptions and potential involvement. • Property Types(Commercial/Residential): Should the neighborhoods include specific types of properties such as residential 1!ersus commercial,or should they be defined strictly on the basis of geography? There are advantages and disadvantages to both scenarios. Process: Depending on the nature of the feedback from the City Council,staff could prepare a resolution to officially adopt the neighborhoods at a future.Council Meeting. As an alternative,staff could seed:feedback about the proposed neighborhood areas and potential uses from the Housing Conmuission and Parks Commission prior to official neighborhood designations. The feedback would be incorporated into a final report and a resolution drafted for Council consideration. Mission:En.s uritg an attractive,dean,sittfe comment q•that enhances the qunlihv of ilre and preserves the public trust i i I MEMORANDUM- COUNCIL WORK SESSION Policy Issues: • Is there benefit or drawback to officially identifying neighborhoods? • What is the most beneficial use of neighborhood designations? i.e.Communications, operations,community engagement,neighborhood improvements • What level of resources and timeline should be allocated toward neighborhood programs? I.e.Staffing,sigmage,grants Council Goals: Strategic: 3, We will stabilize and improve residential neighborhoods Ongoing: 5. We will improve the image of the City with citizens and those outside of the City's borders Attachments: Attachment I-City Neighborhood Comparisons Attachment Il-Map of Proposed Neighborhoods Attachment I11-Property Type Summary of Neighborhoods i D/is.sion:Gnsuring an aflaw ire,clean,safe coonnumiq•that enhances the finality o fife mid preserres the public(rust Attachment I-City Neighborhood Comparison Park,St. Louis Portlaind, OR '.. 44,302 1 r '.. . '.. 111 608,660 .. I Size of Range from 100-1,000 Boundary designation,sJ Neighborhoods based off There are 13 Neighborhood Associations defined own Neighborhood households. 35 official i up to the residents. of city parks,name of i Districts made up of boundaries,vary in size neighborhoods. i Boundaries can and do dominant plat or other multiple smaller from a few people to change.33 neighborhood points of interest or neighborhoods based on 20,000.Ideal size would associations are in place. historical significance.14 proximity or similar be 5,000 people.Portland designated attributes. has 95 neighborhood neighborhoods. associations divided into seven districts. How are they Public meetings are held Main reason for To build a sense of The districts are the first Communication with City used? at a neighborhood level. associations is identity to sub-areas. line of government,pursuing City staff works with communication.Including: Reconstruction projects contact/communication for activities to improve neighborhood leaders to upcoming events, based of neighborhoods neighborhoods. livability.City works with coordinate meetings and activities or actions ; and"sweeps"every 3-4 neighborhoods for jcommunicate with r (rezoning,capital projects, years.Special feedback,host community residents. I etc.) neighborhood mailings. events,clean ups,and 11 advocacy efforts to shape policy. How long Started in the early Started in 1990. Established in 1999. No new neighborhoods in Since 1974. have they 1990's. , 50-60 years.The districts existed? were established in 1939. e St. Louis Park,,MN Iowa .0. Staffing A full-time City One Neighborhood City provided staff and Nine District Coordinators Neighborhood district Community Liaison is the Services Coordinator. mailing support early on for the 13 districts.Each office located in each main contact.Position but soon ended due to district has a council that is district funded,funded by started as part-time. lack of self-sustaining non-paid positions city. Community Outreach neighborhood comprised of residents or Officer helps with organizations. representatives from neighborhood support. or nizations. Challenges Requires resident Boundary lines of Citizen driven Council system has been How to get more people support.Some neighborhoods can neighborhoods never accused of being too involved.Not everyone neighborhoods much become an issue.They materialized or those that powerful. Need to find a identifies with their more active than others. didn't want specific were couldn't sustain way to better represent geographic community. Not all neighborhoods neighborhoods to have themselves.The last under represented citizens. Making sure people have are organized;it is not by-laws. neighborhood Took a lot of work to get the resources and support mandatory. Organized organization ceased to councils started. they need. neighborhoods have exist in 2004. power which can make City decisions more complicated. Highlights/ It takes people w7beneighborhoods tal of$15,000 of grant Tried to revive interest in Boundaries based off Almost every part of City Notable items to do this in ey available for 2005 and 2007 by a city natural and non-natural government interacts with neighborhoods to annually. wide event and suggesting geographic features. the association system, successful(leaderoval for grants by help from The Center for Districts were modeled including land use needed).Council hborhood council. Neighborhoods.The after St.Paul's. planning and members and City funding provided for Neighborhood Initiative development.$200,000 to commissioners were first association newsletters was closed out in 2003. community groups involved in neighborhood that are reviewed by city through grants and boards.Without grant staff. $95,000 to associations program,neighborhoods for newsletters. would likely fail. z w�� I Attachment II-Map of Proposed Neighborhoods `it i,I,L I,a;,It LI:nu , ,hbli l,ah if ii 1-1.11,l i, 111 1,i,:,It It It 11 lr A / B C __ 0 E XBTER / GHBO 00 NEI RH DS Bellvue Centennial _ J East Palmer i I Evergreen 3 ., _ _ .w ��,.,- I FM Firehouse Garden City Grandview Happy Hallow LOCAL STREET 4 _ !Il MDCY '�� I�Lions - --• Orchard Rivenvood ' S � Shingle Creek I9il DupperT:vin a.�,.. � West Palmer Willow Lane � •n 7 --fvm_- o: S w:�`4• _- � .�moc �re.saav v.c.w a.....un.7ur.u. Attachment III Property Type Summary for Proposed Neighborhoods p I i = l I J Str r Y 3 -tr`j� Ir t'I i. � S r 1, •il ��1t�1�2yr�x � E Total count of Commercial,Rez idential,Multi,-Residentilal,and other Parcels per Neighborhood- Iotlh4orhood ToUlParcals CamnlerclalPxcal^ FasIdentallParcels lwt1-RaGFw c-la CdherPams, ealacue 634 4 607 16 7 G9ntral 82 67 4 5 6 EayI Pal mer 431 2 427 2 0 ewergresn 313 a 259 0 1 Firelhouee 5a4 19 4cS4 14 7 Garden Clty B57 23 5-5; 1, 4 Grandylew 777 12 75G 5 tisppy Hallow ! 187 23 147 14 6 Kylawn 783 13 735 10 10 !Iona 627 8 555 27 '14 181ddla Twin 317 19 2e7 31 7 Orchard 755 5 789 1 0 Nwarwood 295 1 221 13 4 Shratic-Creek 5; 52 0 0 2 Upper Twin 380 6 371 2 1 Wealpafiner M 18 5113 5 10 Yillow Lane 657 15 6a9 11 172 Work Session Agenda Item No. 3 I MEMORANDUM - COUNCIL WORK SESSION DATE: August 14, 2012 TO: Curt Boganey, City Manager I FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Brooklyn Center Youth Recreation Facility- Flooring and Equppmen Recommendation: It is recommended that the City Council consider providing direction to staff regarding the possibility of City participation in the funding of flooring and equipment for the new Brooklyn Center Youth Recreation Facility. Background: In January 2011, the Brooklyn Center School District #286, along with the City of Brooklyn Center and other grant partners were awarded a $304,000 grant from the Hennepin Youth Sports Grant Program to construct an indoor youth recreation facility. Construction of that facility is now essentially complete. However, project cost overruns and unexpected expenditures have left no money to complete floor finishes or to properly equip the building. The floor of the facility is currently finished concrete, and no equipment has been purchased specifically for the facility. On July 11, 2012, prospective users of the new youth recreation facility gathered to discuss their potential space needs and to discuss flooring and equipment options. In preparation for that meeting, staff investigated the potential costs of various flooring options. The following assumptions are based upon the facility's approximately 7,000 square feet of interior space. Costs estimates for a "sport court" type multi-purpose flooring ranged from $4.00-7.00 per square foot. Estimates for a synthetic floor range from$8.00-10.00 per square foot and estimates for a wood floor ranged from $13.00-15.00 per square foot. Based upon our 7,000 square foot estimate, this brings the potential flooring costs at between$28,000 and$105,000. i In addition to the installed price, ongoing maintenance is also a consideration. Sport court and synthetic flooring requires only regular cleaning and an occasional repainting, re-taping of the lines. Woods floors require regular cleaning and will also require re-sanding every 3-5 years. At the July "users meeting" it was generally agreed that the sport court type flooring would be the most flexible, economical and would meet the needs of the most groups. This would place the approximate cost of flooring at between$28,000 and $49,000. Mission:Ensuring an attractive,cleat,safe contnutnity that enhances the quality of life andpreserves the public trust MEMORANDUM - COUNCIL WORK SESSION i In addition to the flooring, we would estimate that it will cost between $10,000 and $20,000 to equip the facility with basketball hoops, scoreboards, netting and other multi-purpose equipment. Individual users would be responsible for providing sports specific equipment, if required. Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources i i I Mission:Enswring an attractive,clean,safe community that enhances the quality of life andpreserves the public trust