HomeMy WebLinkAbout2006 05-08 CCP Regular Session I
CITY COUNCIL MEETING
City of Broolclyn Center Public Copy
May 8, 2006 AGENDA
l. 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. Council Report
7. 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. A roval of Minutes
pp
—Councilmembers not present at meetings will be recorded as abstaining from the
vote on the minutes.
1. Apri124, 2006 Study Session
2. April 24, 2006 Regular Session
3. April 24, 2006 Work Session
b. Licenses
CITY COUNCIL AGENDA -2- May 8, 2006
S. Appearance
a. Presentation- Representatives of the City of Crystal
b. Resolution Supporting the Coinpletion of an Independent and Objective Study ofthe
Crystal Airport that Identifies the Regional Cost-Benefit of Continued Operations and
Opportunities for Redevelopment.
•Requested Council Action:
—Motion to adopt resolution.
9. Public Hearing
a. An Ordinance Amending Chapter 3 5 of the City Code of Ordinances Regarding Side
Yard Setback Requirements and the Height of Accessory Structures
—This item was first read on April 10, 2006; published in the official newspaper on
Apri120, 2006; and is offered this evening for second reading and Public Hearing.
•Requested Council Action:
—Open the Public Hearing.
—Take public input.
—Close the Public Hearing.
—Motion to adopt ordinance.
10. Planning Commission Item
a. Plannin Commission A lication No. 2006-004 Submitted by Endeavour Project
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Development requesting Site and Building Plan approval to construct a 3,700 sq. ft.
inulti-tenant retail building at the northwest corner of 69 Avenue North and
Brooklyn Boulevard (6901 Brooklyn Boulevard). The Planning Commission
recommended approval of this application at its Apri127, 2006, meeting.
•Requested Council Action:
—Motion to approve Planning Commission Application No. 2006-004 subject
to the conditions recommended by the Planning Commission.
11. Council Consideration Items
a. Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos.
2006-05, 06, 07, and 08, Humboldt Avenue and Earle Brown Drive Street, Storm
Drainage, and Utility Improvements
•Requested Council Action:
—Motion to adopt resolution.
b. Resolution Authorizing Rental Fees for Park Shelters
•Requested Council Action:
—Motion to adopt resolution.
c. Resolution Accepting 2006 Annual Deer Management Implementation Plan
Report and Adopting the City Manager Recommendations therein
•Requested Council Action:
—Motion to adopt resolution.
CITY COUNCIL AGENDA -3- May 8, 2006
d. Resolution Appointing Curt Boganey as Acting City Manager
•Requested Council Action:
—Motion to adopt resolution.
e. Resolution Directing Solicitation of Public Sector Executive Recruiting Firm
Proposals
•Requested Council Action:
—Motion to adopt resolution.
12. Adjournment
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City Council Agenda Item No. 7a
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MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
APRIL 24, 2006
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study Session and was called to order by Mayor
Myrna Kragness at 6:00 p.m.
ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen
(arrived at 6:07 p.m.), and Mary O'Connor. Also present were City Manager Michael McCauley,
Assistant City Manager/Director of Operations Curt Boganey, Public Works Director/City
Engineer Todd Blomstrom, Community Development Director Brad Hoffman, Police Chief
Scott Bechthold, and Deputy City Clerk Camille Worley.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Lasman inquired about the planting list of allowable boulevard tree species and
where the tress or funds to pay for the trees come from in relation to item 7f. Public Works
Director/City Engineer Todd Blomstrom responded by explaining that some of the trees have
been donated from properties whom did not wish to replace damaged trees.
Councilmember Lasman inquired about item 8c. regarding unpaid utility charges. City Manager
Michael McCauley explained the utility billing cycle and process of assessment.
Councilmember Lasman inquired about item 8e. regarding hazardous conditions and asked how
long it would be before the hole is filled on the property in question. Mr. McCauley responded
the court must give the order before the City can perform the work.
Councilmember Carmody pointed out that the hours of operation on the Special Use Permit for
Planning Commission Application No. 2006-003 are listed as two different times. She inquired
about the soil testing regarding item 8f. Mr. McCauley responded the tank has been removed
from the property where the dry cleaners resided.
Councilmember Niesen asked where the funds are allocated in regard to the Administration
Legal Reforestation Fee relating to item 7c. Mr. McCauley explained that the money is returned
to the General Fund and Special Assessments.
Councilmember Niesen and Mr. Blomstrom discussed the tree loss and replacement in the City
of Brooklyn Center.
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Councilmember O' Connor asked, in relation to item 7c., if Arcon Construction Company does
all of the street work for the City of Brooklyn Center. Mr. McCauley responded no and Mr.
Blomstrom explained which projects Arcon Construction Company has won the bid.
Councilmember O'Connor inquired about the allowable tree species to be planted in the
boulevard and the size of the boulevard in relation to item 7f. Mr. McCauley explained the size
of the boulevard and stated residents may only plant flowers in the boulevaxd.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
DISCUSSION OF REAL ESTATE ACQUISITION
Mr. Michael McCauley explained the Cracker Barrel property is for sale. He said there is the
possibility of a church taking possession of the property which would involve tax exemptions
and create non-harmony with other businesses in the area. He discussed that the City Council
could consider purchasing the property from the owners for $10,000-$20,000 per square foot.
He explained that if the City purchased the property, the upside would be that it would be able to
preserve the property for desired uses. He explained that the downside is that the City may end
up holding the property for a period of time until a taxable use is found. He further explained that
if the City does not purchase the property, the church could occupy it for an indefinite period of
time. He stated if the City purchased the property, razing the building and possibly developing
with nearby properties would be an option.
Councilmember Niesen stated property taxes are too high and rising too fast. She asked for
information on the uses of the funds allocated to the EDA/HRA in conjunction with TIF District
#3. Mr. McCauley explained how the funds are collected and allocated in relation to TIF
Districts and the bonding process. Councilmember O'Connor stated objection to the City
purchasing the property.
Mayor Kragness requested additional information on the purchasing of the property and other
interested parties. Mr. McCauley stated the property's assessed value is $1.8 million.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Councilrnember Niesen moved and Councilmember Carmody seconded to close the Study
Session at 6:45 p.m.
Motion passed unanimously.
RECONVENE STUDY SESSION
The Study Session was reconvened at 6:46 p.m.
Councilmember Lasman stated the area needs to be protected as a currency-producing area. She
stated she would like to see further information; however, she would support the purchasing of
the property at this time.
04/24/06 2 DRAFT
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Mr. McCauley explained that if the City were to purchase the property, it would be resold to a
taxable use in a short period of time.
The City Council discussed the option of placing a moratorium on the property. Mr. McCauley
explained possible complications with placing a moratorium on the property. City Attorney
Charlie LeFevere explained changes made during the last legislative session regarding
moratoriums.
ADJOURNMENT
Councilmember Carmody moved and Councilmember Niesen seconded to close the Study
Session at 6:55 p.m.
Motion passed unanimously.
City Clerk Mayor
04/24/06 3 DRAFT
T
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
I N
REGULAR SESS O
APRIL 24, 2006
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 and was called to order by
Mayor Myrna Kragness at 6:45 p.m.
ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen,
and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City
Manager/Director of Operations Curt Boganey, City Attorney Charlie LeFevere, Police Chief
Scott Bechthold, and Deputy City Clerk Camille Worley.
Myrna Kragness opened the meeting for the purpose of Informal Open Forum.
No one wished to address the City Council.
Informal Open Forum closed at 6:47 p.m.
2. INVOCATION
Mayor Kragness offered a prayer as the invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session and was called to order by Mayor
Myrna Kragness at 7:00 p.m.
4. ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen,
and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City
Manager/Director of Operations Curt Boganey, Public Works Director/City Engineer Todd
Blomstrom, Community Development Director Brad Hoffinan, Planning and Zoning Specialist
Ron Warren, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Deputy City
Clerk Camille Worley.
04/24/06 1 DR.AFT
e
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember O'Connor sta.ted she attended the Shingle Creek Clean Up and spent some time
on the pond around City Hall. She stated she attended the Park and Recreation Commission
meeting where they discussed reserve fees.
Councilmember Lasman stated she attended the Shingle Creek Clean Up where a lot of refuse
was picked up: She reminded residents that there will be a special materia.ls drop off on May 6
in Brooklyn Park for Brooklyn Center, Brooklyn Park, and Crystal residents to use.
Councilmember Carmody stated she attended the Housing Commission meeting where questions
needing clarification were raised. She requested that it be placed on the Work Session agenda.
She stated she attended the Police and Citizens Awards Ceremony where many attended and
were recognized for assistance to the Police Departinent and the recent storm. She stated she
attended the Watershed meeting where capital improvement listed projects were discussed. She
stated she attended the Shingle Creek Clean Up where she collected refuse from her canoe.
Councilmember Niesen stated she met with Greg Moore, Executive Director of the Northwest
Suburbs Cable Communications Commission, who is very knowledgeable about the
organization. She stated she attended the Legislative Breakfast on Saturday. She discussed
property taxes and stated concern for the rate in which they are rising.
Mayor Kragness stated she attended the Police and Citizens Awazds Ceremony where she was
impressed with the over 75 commendations and awards given. She discussed some of the group
certificates, commendations and other awards. She stated the Police Department and the family
of a youth killed came together to form an award for citizenship in and around schools.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Carmody moved and Councilmember Lasman seconded to approve the consent
agenda and agenda as amended, with amendments to the April 10, 2006 Regular Session
meeting minutes and the following consent items were approved as amended:
7a. APPROVAL OF MINUTES
1. April 10, 2006 Study Session
2. April 10, 2006 Regular Session
3. April 10, 2006 Work Session
7b. LICENSES
MECHANICAL
Automatic Garage Door Fireplace 8900 109�' Ave N, Champlin
Harris Companies 909 Montreal Circle, St. Paul
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Kalmes Mechanical 15440 Silverado St NW, Andover
Knight Heating A/C 13535 89�' Street NE, Otsego
Marsh Heating A/C 6248 Lakeland Ave N, Brooklyn Park
Sedgwick Heating A/C 8910 Wentworth Ave S, Minneapolis
MOTOR VEHICLE DEALERSHIP
Iten Chevrolet Company 6701 Brooklyn Boulevard
SIGNHANGER
All Brite Sign Inc 13325 Commerce Blvd, Rogers
Lawrence Sign 945 Pierce Butler Route, St. Paul
Nordquist Sign Co 312 West Lake Street, Minneapolis
RENTAL
Renewal
3601, 3613 3713 47�` Ave N(3 bldgs, 33 Units) Drew Kabanuk
3 DISTURBING PEACE
3413 62 Ave N(Single Family) Mai Thuong Nguyen
NONE
Garden City Court (3407-17 65�' Ave 1� Virginia Podineks
7 DISTURBING PEACE
6037 Brooklyn Center (1 Bldg, 11 Units) N B Properties LLP
1 OBSTRUCTING JUSTICE
6213 Chowen Ave N(Single Family) Nazneen Khatoon
NONE
5006 France Ave N(Single Family) Michael Mohs
NONE
5200 France Ave N(Two Family) Christian Knutson
NONE
7113 Halifax Ave N(Single Family) Linda Bruce Schoenberger
NONE
1513, 1549 Humboldt Place N(Single Family) Suburban Properties
1 AUTO THEFT
(There were no calls for the following properties)
4207 Lakeside Ave N#320 (Single Family) Heinz Pollinger
7030 Newton Ave N(Single Family) Malcolm Vinger II
5328-30 Queen Ave N(Two Family) Chad Amy Bucher
5306 Russell Ave N(Two Family, 1 Unit) Donna Reinarz
7240 West River Road (1 Bldg, 7 Units) Nedzad Ceric
5207 Xe�es Ave N(1 Bldg, 12 Units) Dennis Bona
Initial
(There were no ca11s for the following properties)
3612 58 1/2 Ave N(Single Family) Selena Lee
4957 Brooklyn Blvd (Single Family) Abraham Malobe
7211 Camden Ave N(Single Family) David Berhanu
6626 Camden Drive N(Single Family) Jeremy Sutton
04/24/06 3 DRAFT
5701 Emerson Ave N(Single Family) Kevin Saunders
5137 39 France Ave N(Two Family) Matthew May
5525 James Ave N(Single Family) Jay Braegelmann
6103 Xe�es Ave N(Single Family) Tommy Xiong
7c. RESOLUTION NO. 2006-50 ACCEPTING BID AND AWARDING A
CONTRACT, IMPROVEMENT PROJECT NOS. 2006-01, 02, 03, AND 04,
CENTERBROOK AREA NEIGHBORHOOD STREET, STORM
DRAINAGE, AND UTILITY IMPROVEMENTS
7d. RESOLUTION NO. 2006-51 AUTHORIZING AN AMENDMENT TO A
SITE LEASE AGREEMENT WITH NEXTEL WEST CORPORATION
7e. RESOLUTION NO. 2006-52 ACCEPTING QUOTATION AND
AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2006-09,
CONTRACT 2006-C, 2006 REFORESTATION OF 2005 STREET
IMPROVEMENT PROJECT AREAS
7f. RESOLUTION NO. 2006-53 DESIGNATING 2006 PLANTING LIST OF
ALLOWABLE BOULEVARD TREE SPECIES
Motion passed unanimously.
8. COUNCIL CONSIDERATION ITEMS
8a. PLANNING COMMISSION APPLICATION NO. 2006-003 SUBMITTED BY
DALE HARTMAN REQUESTING A SPECIAL USE PERMIT TO CONDUCT A
HOME OCCUPATION IN THE GARAGE AT 6301 BROOKLYN DRIVE. THE
PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS
APPLICATION AT ITS APRIL 13, 2006, MEETING.
City Manager Michael McCauley explained that the application is for a home cabinet making
business with hours of operation from 8:00 a.m. to 5:00 p.m. He sta.ted the Planning Commission
conditions should reflect the correct hours of operation. He stated the Planning Commission
recommended approval of the application.
i n the
Councilmember Niesen asked about the otential noise impacts and
if the brother res des o
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property.
Planning and Zoning Specialist Ron Warren clarified that the brother is not a resident of
Brooklyn Center however will be helping with the business.
Councilmember Niesen stated concern for noise. Mr. McCauley responded that the permit could
be revoked if the noise were to be found to be a nuisance.
Mr. Warren stated notices were sent to the ro erties within a 150 foot radius.
P P
04/24/06 4 DRAFT
Councilmember Carmody moved and Councilmember Lasman seconded to approve Planning
Commission Application No. 2006-003 subject to the following conditions recommended by the
Planning Commission:
l. The S ecial Use Permit is anted for a woodworkin home occu ation involvin the use of
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an accessory structure on the property and an occasional non-resident employee. Said home
occupation will involve woodwarking, cabinetry and furniture malcing. This home
occupation may not be altered or expanded in any way not comprehended by this application
without first securing an amendment to the Special Use Permit.
2. The Special Use Permit is subject to applicable codes, ordinances and regulations. Any
violation, thereof, may be grounds for revocation.
3. All vehicle parking associated with the home occupation shall be off street on improved
space. Vehicle parking on the property sha11 be in compliance with Section 19-103,
Subdivision 12 of the City Ordinances regarding the size of vehicles allowed.
4. The hours of operation shall be between 9 a.m. and 5 p.m. Monday through Friday.
5. All materials and equipment associated with the home occupation shall be stored indoors.
There shall be no outside storage associated with this home occupation.
6. The applicant shall comply with recommendations of the Building Official with respect to
safety related matters regarding the location and operation of this home occupation.
7. The applicant shall provide appropriate fire extinguishers in the area of the home occupation
per the recommendation of the Building Official.
8. The applicant shall maintain any licenses or permits required by other governmental agencies
and copies of such shall be kept on file with the City.
Motion passed unanimously.
8b. RESOLUTION NO. 2006-54 RECOGNIZING THE DESIGNATION OF
BROOKLYN CENTER AS A TREE CITY USA FOR THE FOURTEENTH
CONSECUTIVE YEAR; AND A PROCLAMATION DECLARING APRIL 28,
2006, ARBOR DAY AND MAY 2006 ARBOR MONTH IN BROOKLYN CENTER
Mayor Kragness read the Resolution Recognizing the Designation of Brooklyn Center as a Tree
City USA for the Fourteenth Consecutive Year in its entirety.
Councilmember Carmody moved and Councilmember Lasman seconded adoption of
RESOLUTION NO. 2006-54 Recognizing the Designation of Brooklyn Center as a Tree City
USA for the Fourteenth Consecutive Year.
Motion passed unanimously.
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04/24/06 5 DRAFT
Mayor Kragness read the Proclamation Declaring April 28, 2006, Arbor Day and May 2006
Arbor Month in Brooklyn Center in its entirety.
Councilmember Lasman moved and Councilmember Cannody seconded adoption of a
Proclamation Declaring April 28, 2006, Arbor Day and May 2006 Arbor Month in Brooklyn
Center.
Mation passed unanimously.
8c. RESOLUTION NO. 2006-55 RESCINDING CERTIFICATION OF SPECIAL
ASSESSMENTS AGAINST CERTAIN PROPERTIES FOR UNPAID UTILITY
CHARGES
Mr. McCauley stated there are seven properties that are in the process of being sold and would
like to rescind the assessment of unpaid utility charges. He discussed the process of assessments
against properties for unpaid utility charges.
Councilmember Carmody moved and Councilmember Lasman seconded adoption of
RESOLUTION NO. 2006-55 Rescinding Certification of Special Assessments against Certain
Properties for Unpaid Utility Charges.
Motion passed unanimously.
8d. PROCLAMATION DECLARING MAY 14-20, 2006, TO BE POLICE WEEK
Mayor Kragness read the Proclamation Declaring May 14-20, 2006, to be Police Week in its i
entirety.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of
Proclamation Declaring May 14-20, 2006 to be Police Week.
Motion passed unanimously.
8e. RESOLUTION NO. 2006-56 ORDERING THE CORRECTION OF HAZARDOUS
CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC
NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE
AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE
LOCATED AT 6842 WEST. RIVER ROAD, BROOKLYN CENTER,
MINNESOTA, 55430
Mr. McCauley stated the property has an excavated basement along with accessory structures
and debris. He stated it will take several months to complete the next step if the owner of the
properiy does not remedy the situation before the deadline. He sta.ted the City is not in control of
the property at this time.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of
RESOLUTION NO. 2006-56 Ordering the Correction of Hazazdous Conditions and Further for
the Abatement of Public Nuisances, Safety and Health Hazards and Other Ordinance and
04/24/06 6 DRAFT
Statutory Violations with Respect to that Real Estate Located at 6842 West River Road,
Brooklyn Center, Minnesota, 55430.
Motion passed unanimously.
8f. RESOLUTION NO 2006-57 APPROVING AN APPLICATION TO THE
HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND
Mr. McCauley stated Hennepin County has provided funding for three environmental
investigations of the EDA's Logan and 57�' Redevelopment site, including a Phase I and two
Phase II site investigations.
Councilmember O'Connor asked why the City does not dig out the polluted land. Mr. McCauley
responded the tank on the old dry cleaner property was removed however further pollution could
have occurred and the proposed testing is to determine the pollution control needs.
Councilmember Cannody moved and Councilmember Lasman seconded adoption of
RESOLUTION NO. 2006-57 Approving an Application to the Hennepin County Environmental
Response Fund.
Councilmember O'Connor stated the City should not take money from Hennepin County.
Councilmember O'Connor voted against the same. Motion passed.
8g. RESOLUTION NO. 2006-58 EXPRESSING APPRECIATION FOR STORM
EMERGENCY FINANCIAL ASSISTANCE FROM HENNEPIN COUNTY
Mayor Kragness read the Resolution Expressing Appreciation for Storm Emergency Financial
Assistance from Hennepin County in its entirety.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of
RESOLUTION NO. 2006-58 Expressing Appreciation for Storm Emergency Financial
Assistance from Hennepin County.
Councilmember O'Connor stated the City should not take money from Hennepin County.
Councilmember O'Connor voted against the same. Motion passed.
8h. RESOLUTION NO. 2006-59 ALLOCATING STORM EMERGENCY
FINANCIAL ASSISTANCE FROM HENNEPIN COUNTY
Mr. McCauley explained that changes in air emissions equipment requirements are expected to
increase the costs of vehicle replacements in the range of $8,000 to $10,000 per vehicle. He
stated the City will need to increase Central Gazage charges to provide additional funds for
replacement. He stated however, in the short term, the City will need an infusion of additional
funds to replace vehicles.
04/24/06 7 DRAFT
i
Councilmember Carmody moved and Councilmember Niesen seconded adoption of
RESOLUTION NO. 2006-59 Allocating Storm Emergency Financial Assistance from Hennepin
�o��. e
Motion passed unanimously.
8I. PRESENTATION ON 2006 CODE ENFORCEMENT SWEEP
Police Chief Scott Bechthold presented a PowerPoint presentation highlighting the Strategy and
schedule for 2006, and a review of letters and citations issued in 2003-2005, during the sweeps
and during the rest of each of those years. Among the highlights were the following expectations:
respond within 3 business days to complaints, Weekly Crime Reduction Strategy review to
include review of code enforcement, monthly code enforcement reports during sweep, quarterly
sweeps of all four sections of the City for parking violations, and focus on chronic and problem
properties.
The Police Chief and the City Council discussed the checks and balances of the Code
Enforcement.
Councilmember Carmody suggested that Code Enforcement education be done more often.
Councilmember Lasman asked if more Police Officers would be looking for the problem areas.
Chief Bechthold stated unfortunately no, the primary focus for the Officers is to respond to calls
along with other law enforcement.
Councilmember Niesen stated concern that the owner of properties which axe rented may not be
as available to talk to before citations are issued as those who own and occupy their property.
9. ADJOURNMENT
Councilmember Lasman moved and Councilmember Carmody seconded adjournment of the City
Council meeting at 8:41 p.m.
Motion passed unanimously.
City Clerk Mayor
04/24/06 8 DR.AFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
APRIL 24, 2006
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City CounciUEconomic Development Authority met in Work Session and
was called to order by Mayor/President Myrna Kragness at 8:16 p.m.
ROLL CALL
Mayor/President Myrna Kragness and Couneilmembers/Commissioners Kathleen Carmody, Kay
Ci Mana er/Executive
Lasman, Diane Niesen, and Mary O Connor. Also present were ty g
Director Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, City
Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley.
DISCUSSION OF REVISED DRAFT CITY MANAGER EVALUATION FORM FOR
2006
Councilmember/Commissioner Niesen requested postponing this item until the next Work
Session because she thought it was going to be prepared as a combined form and she would like
to review it further before it is voted on.
Mayor/President Kragness stated the issue has been discussed too much and it is time to move
forward. She suggested that Councilmember/Commissioner Niesen finish reviewing the item and
submit it to the City Council before it is put in the agenda packet.
Councilmember/Commissioner Carmody stated she thought the City Council had agreed to use
the proposed form this yeax and review it again after it has been used. She stated the City
Council has spent a lot of time on the matter and it shou.ld move forward with it.
f rward and then she can
Councilmember/Commissioner Niesen suggested moving the rtem o
request changes by way of inemorandum.
Ma or/President Kra ess recommended that the item be laced on the May 22 Work Session
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agenda to allow Councilmember/Commissioner Niesen time to review.
DISCUSSION OF SENDING HARD COPIES OF COMMISSION AGENDAS
Councilmember/Commissioner Lasman stated she would be satisfied with getting the
commission agendas via email.
04/24/06 1 DRAFT
PRELIMINARY ITEMS TO DETERMINE CITY COUNCIL DIRECTION ON
WHETHER TO PURSUE DISCUSSION/RESEARCH/ANALYSIS FOR FUTURE
WORK SESSION(Sl
Councilmember/Commissioner Niesen stated it is her right and duty to bring items for discussion
to Work Sessions and she should not be limited on the amount of items to be discussed.
Mayor/President Kragness stated the matter was brought forward and discussed when the flow
chart was created. She sta.ted the entire City Council should decide if an item is important
enough to be placed on a Work Session agenda.
Councilmember/Commissioner Lasman stated Councilmember Niesen is one piece of the City
Council and only the entire City Council has the power to approve or deny items.
COUNCIL MEMBER NIESEN: CRIME REPORTING
Councilmember/Commissioner Niesen requested that crime reporting be reviewed to give the
public a better understanding of the crime in Brooklyn Center.
Sarah Bingaman Schwartz, Sun Post described her process of crime reporting which is based on
the requests from the public.
Councilmember/Commissioner Lasman sta.ted the Sun Post should be allowed to report crime the
way they see fit.
Mayor/President Kragness stated the City Council should continue to receive the quarterly
statement and the Sun Post can report the crime as they see fit. She sta.ted a separate report does
not need to be created specially for the City Council.
COUNCIL MEMBER NIESEN: DEDICATING CABLE FUNDS FOR
COMMUNICATIONS
Councilmember/Commissioner Niesen requested the item be voted on because the money should
be used for equipment and communications. She suggested a report to the City Council on the
cable equipment and replacement schedule be prepared by Mr. Gaffron.
Councilmember/Commissioner Lasman stated she would like the funds to be available for
multiple uses.
Mayor/President Kragness stated preference that the funds remain available for when the need
arises.
Councilmember/Commissioner O' Connor sta.ted she would be in favor of a report by Mr.
Gaffron as long as there is no charge to the City.
04/24/06 2 DRAFT
Councilmember/Commissioner Lasman stated a report by Mr. Gaffron would not be free. She
stated the City Council should be aware of the plan for equipment replacement if need be;
however, she does not think it needs to be determined in the budget.
It was the consensus of the City Council to request that Mr. Gaffron prepare a report of the cable
equipment inventory and schedule for replacement.
COUNCIL MEMBER NIESEN: CITY COUNCIL CORNER IN CITY WATCH
Councilmember/Commissioner Niesen stated the City Watch Newsletter is a communication to
everyone and she asked if the City Council would be interested in a small section dedicated to
the City Council for communication to the residents.
Mayor/President Kragness stated staff covers the issues thoroughly and includes articles that are
of importance to the City CounciL
Councilmember/Commissioner Carmody stated it would be hard to get agreement on what to
include and the viewpoint to convey.
City Manager/Executive Director Michael McCauley stated preparing and distributing the
newsletter is a great task as it is.
COUNCIL MEMBER NIESEN: SUGGESTIONS FOR RESIDENT SURVEY
QUESTIONS
Councilmember/Commissioner Niesen stated she would like to survey the residents to assist the
City Council in developing its goals for next year.
Councilmember/Commissioner O'Connor suggested a survey be included in the next City Watch
Newsletter.
MayorlPresident Kragness explained that a survey was done several yeaxs ago, however only 200
were returned. She suggested that Councilmember/Commissioner Niesen include a survey on her
next campaign brochure.
Councilmember/Commissioner Lasman agreed that a comment card to be included in the City
Watch is a good option; however, she stated concern that the comments returned would be
extreme opinions and not convey the opinion on the general public.
MISCELLANEOUS
Mayor/President Kragness asked about the fence at the CVS Phannacy.
Mr. McCauley explained that the Site Plan saved the tree that interrupted the fence. He explained
that when the fence was installed, a gap remained on each side of the tree. He explained possible
solutions; however each solution could raise another concern.
04/24/06 3 DRAFT
s
Mayor/President Kragness inquired about the Riverwood Estates Home Owners Association.
The City Council discussed the noise issue and the possibility of a noise wall.
I
ADJOURNMENT
Councilmember/Commissioner Carmody moved and Councilmember/Commissioner Lasman
seconded adjournment of the City Council/Economic Development Authority Work Session at
10:15 p.m.
Motion passed unanimously.
City Clerk Mayor/President
04/24/06 4 DRAFT
City Council Agenda Item No. 7b
City of Brooklyn Center
A Millennium Community
TO: Michael J. McCauley, City Manager
�,i�l" l�� J
FROM: Sharon Knutson, City Clerk
DATE: May 3, 2006
SUBJECT: Licenses for Council Approval
The following companies/persons have applied for City licenses as noted. Each
company/person has fulfilled the requirements of the City Ordinance governing
respective licenses, submitted appropriate applications, and paid proper fees. Licenses to
be approved by the City Council on May 8, 2006, are as follows:
MECHANICAL
Flare Heating 9303 Plymouth Ave N, Golden Valley
Louis Degidio, Inc. 21033 Heron Way, Lakeville
Absolute Heating Cooling 1085 Brown Road S, Orono
MOTOR VEHICLE DEALERSHIP
R.L. Brookdale Motors 6801 Brooklyn Boulevard
Brookdale Ford, Inc. 2500 County Road 10
RENTAL
Renewal
(There were no calls for the following properties)
4907 65 Ave N(Single Family) William Bjerke
1316 68 Lane N(Single Family) Valerie Blount-McKissack
1807 70 Ave N(Single Family) Rebecca Thomley
5401 France Ave N(Single Family) Dang Vang
7215 Girard Ave N(Single Family) Rebecca Thomley
4214 Lakeside Ave N(Two Family, 1 Unit) James Shoultz
6907 Quail Ave N(Single Family) Tony Carmen Holder
6724 Toledo Ave N(Single Family) Steven Cheryl Schleif
5115 Twin Lake Blvd E(Two Family, 1 Unit) Ruth Cioni
Initial
(There were no calls for the following properties)
2912 69 Lane (Single Family) Joseph Feahn
2000 Brookview Drive (Single Family) Anastasia Berler
7006 Fremont Ave N(Single Family) Teto Wilson
THEFT FROM VEHICLE
CRIMINAL DAMAGE TO PROPERTY
6301 Shin le Creek Parkwa Recreation and Communit Center Phone TDD Number
g y y
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (�63) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
Page 2
Licenses for Council Approval
May 8, 2006
(There were no calls for the following properties)
7218 Grimes Ave N(Single Family) Shawn Banks
4113 Lakebreeze Ave N(Two Family, 1 Unit) Pamela Grover
5337-39 Queen Ave N(Two Family) Ambe Funwi
SIGNHANGER
Fish LaBeau Signs 3320 WinPark Dr, Crystal
Signation Sign Group 6840 Shingle Creek Pkwy
City Council Agenda Item No. 8
r
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Lasman 'esen, and O'Connor
FROM: Michael J. McCauley, City Manage` 1 f
DATE: May 4, 2006
SUBJECT: Appearance by Mayor and Staff of the 2ity of Crystal
The Crystal City Council is requesting that the Brooklyn Center City Council consider supporting
their efforts to obtain an independent economic study of the Crystal Airport. Enclosed are a
memorandum and resolution requested by the City of Crystal to express such support for an
independent study. As indicated, the Mayor of Crystal and a staff inember will make a brief
presentation to the City Council regarding Crystal's request.
�6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
City of Crystal
4141 Douglas Dr N
CYTY CR°YSTAL Crystal MN 55422
Phone: 763-531-1000 Fax:763-531-1188
Web Site: www.ci.cr�stal.mn.us
Michael McCauley, City Manager
City of Brooklyn Center
6301 Shingle Creek Pkwy
Brooklyn Center MN 55430-2199
Re: Crystal Airport Resolution
Dear Mr. McCauley:
In January of this year, the Metropolitan Airport Commission's (MAC) Reliever Task Force
released a report based on a series of economic studies it had commissioned in 2005
(available at: www.mspairport.com/mac/appdocs/meetings/Mo/Agenda/MO A_682.pd�.
Crystal city staff completed an extensive review of the Reliever Task Force report and
associated economic studies and identified significant research flaws. The economic
analyses made many assumptions that either are not based in fact or radically misjudge the
context of the Crystal Airport. The city offered a critical response (enclosed) to both the report
and the economic studies at the time of their release. Crystal's response identifies
questionable data collection and fau{ty assumptions, and it outlines many important questions
that ought to be answered in an objective economic impact analysis and cost-benefit
analysis.
At this time, the MAC is moving forward with development of long-range comprehensive
plans for each of the complementary airports (Crystal, Lake Elmo, Airlake) intended to justify
continued capital investment in and operation of these airports. The report of the Reliever
Task Force is being used as the foundation for this planning process. Representatives from
the cities impacted by the results of this planning process are concemed that the flawed MAC
report will serve as the basis for future policy and operations decisions.
A truly objective study would allow for a regional perspective to help determine benefits that
the general public may realize from operation of the Crystal Airport. On March 13, 2006, the
city of Brooklyn Park EDA adopted a resolution calling for an independent and objective study
of the Crystal airport that identifies the regional cost-benefit of continued operations and
opportunities for redevelopment. Likewise, on April 18, 2006, the Crystal City Council
adopted a similar resolution. In addition, legislation has been introduced in both the
Minnesota House and Senate asking that independent economic impact and cost-benefit
analyses of the Crystal Airport be completed by February, 2007. Copies of the resolutions
and proposed legislation are enclosed for reference.
Michael McCauley 2- April 19, 2006
With that as background, I would request that the Brooklyn Center City Council consider a
similar resolution of its own in support of an independent and objective study of the Crystal
airport. Crystal city staff is prepared to provide you with any other background information
you may need to bring this matter forward for Council consideration at an upcoming meeting,
so feel free to contact either Anne Norris or Patrick Peters at Crystal City HaIL
Thank you for your efforts in support of this initiative.
Re s,
ReNae Bo an
Mayor
Enclosures
cc: Anne Norris, City Manager
Patrick Peters, Community Development Director
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I Cj7'Y Cj�YS7'A,L 4141 Douglas Drive North Crystal, MN 55422-1696
Telephone: (763) 531-1000 Fax: (763) 531-1188
Website: www.ci.crystal.mn.us
January 11, 2006
Vicki Tigwell, Chair
Metropolitan Airports Commission
6040 28th Avenue South
Minneapofis MN 55450
Re: City of Crystal response to Reliever Airport Task Force reports
Dear Chair Tigwell:
Thank you for the opportunity to provide comment regarding the reliever airport system
in general, and the Crystal Airport specifically. The city of Crystal was encouraged a
y�ar ago when the Commission initiated a comprehensive evaluation of the reliever
airport system, including major public policy questions such as the need for continued
operation of all six reliever airports. We are concerned, however, that the process to
date did not address these major questions.
The city has reviewed the Economic Impact Analysis of the Reliever Airport System
(October 2005, December 2005) and Recommendations Regarding the Future
Operation and Development of the RelieverAirport System (January 10, 2006).
City staff members attended the Maintenance and Operations (M&O) Committee's
January 10 meeting to observe committee discussion of the task force
recommendations. It was clear from the comments of several M&O members that the
report did not meet their expectations regarding a policy analysis of the reliever system.
The city is disappointed, as well, that the task force recommendations point to
operational fixes without offering Commissioners and the public the promised
examination of the larger policy questions.
S ec'
ificall h
p y, t e task f�rce rep�rt failed to examine the overarching public policy
question of whether there is a valid Qublic ourpose for MAC's continued operation of
three recreational airports within the metropolitan area as a convenience to recreational
fliers, particularly in light of declining use and alternatives available to recreational fliers
outside of the metropolitan area. Careful and informed deliberation of this public policy
issue must occur before any consideration of operational changes or implementation of
the study's recommendations.
After thorough review of both economic studies and the task force report, we have
identified four significant and recurring problems with the process, each of which are
discussed in detail in Attachments A through D.
1. Direct observation of activities that actually occur at Crystal would suggest that
many of the assumptions used in the October 2005 economic impact analysis
are either questionable or obviously flawed.
2. FAA-based benefit-cost analysis, which normally is used to evaluate federal
funding for airport improvement projects, is an inappropriate tool to measure
benefits and costs related to continued operation vs. closure.
3. Both the FAA-based benefit-cost analysis and the MAC financial analysis
assume that after closing the airport, MAC would leave the 430+ acre site vacant
and unused, instead of selling it for development.
4. The city was not invited to present its ideas directly to the task force for
consideration, and the regional policy questions raised in the city's Position
Paper remain unanswered.
We appreciate the fact that M&O Committee members chose to accept the report,
rather than adopt, ratify and implement it as requested by task force members. The
committee was wise not to move forward with the task force's recommendations until
the primary public policy question is resolved, after which time an analysis of specific
operational changes may be warranted.
It is our understanding that this will be a discussion item on the January 17 agenda of
the full Commission and that the M&O Committee's action to merely accept the task
force report will be brought forward. We urge the Commission to follow suit and not
authorize staff to implement any task force recommendations until the Commissioners
have considered and resolved the outstanding policy questions.
Our specific comments on the economic im act anal ses and the reliever task force
P Y
study, as well as an overview of information from the Crysta/ Airport Position Paper that
was prepared by city staff in December 2005, are included as attachments to this letter.
We ho e ou find our comments beneficial to our deliberations.
i P Y Y
Sincerely,
i
I
ne L. Norri Patrick A. Peters
ity Manager Community Development Director
Attachments
2
cc: Mayor ReNae Bowman
Crystal City Council
Commissioner Mike Opat, Hennepin County
Peggy Leppik, Metropolitan Council Member
Kathleen Nelson, Northwest Airlines
Gary Schmidt, MAC
Tim Anderson, MAC
3
ATTACHMENT "A"
The city of Crystal offers the following comments on the RelieverAirport Economic
Impact Analysis, dated October 2005
PAGE COMMENT
1 The report acknowledges that it is impossible to isolate the reliever airports' economic
impact to a particular community within the region.
We agree. Furthermore, this suggests that the analysis also doesn't answer the
questions, "Does the region need the activity to occur at a particular airport, or can it
occur e/sewhere?" and "How many reliever airports does the system need?" This
should be kept in mind while reading the rest of the study, which repeated/y refers to
and relies on the per-airport estimated economic impacts as if the bene�ts occur locally,
and as if the continued operation of each airport is necessary for the benefits to occur
regionally.
2 The report mentions Crystal's proximity to downtown Minneapolis and that it has the
most runways of any reliever airport in the system.
Wh not mention that it is hemmed in b residentia! develo ment, and fhat over 300
Y Y P
homes lie within the runway safety zones? Why not mention that its operations are
declining faster than any other airport in the system?
3 Under "Contributions to the Local Economy," the report states, among other things, that
relievers provide a base for recreational aircraft.
Only two pages after acknowledging that it is impossible to measure the local economic
impacts of the airports, the study is asserting there are local economic benefits. And
how, exactly, is recreational flying a benefit to the communities in which an airport is
loc�ted?
4 The report acknowledges that estimating local impacts is meaningless, and that impact
of Crystal is interpreted as being regional in nature and concentrated in the northwest
quadrant.
Once again, we agree that these facilities provide regional, not local, benefifs; although
the question remains unanswered whether regional benefits will only continue if each
airport continues to operate.
5 "All of the operating expenses incurred as a result of running an airport represent
injections into the local economy."
(1) The study just said it is impossib/e fo measure the effects locally; and (2) regionally
speaking, net expenditures by MAC at its reliever airports are being paid for by other
peop/e and businesses in the region. That's just moving the money around within the
region.
7 "Businesses were asked for information on sales and on-airport employment."
What steps were taken to ensure that the businesses'self-reported data are accurate?
Were these randomly spot checked again�t objective data fo see if the self-reported
figures are realistic?
i
ATTACHMENT "A"
I
PA GE COMMENT
7 The study assumed the range of true visiting flights at the six reliever airports was 40%
65% depending on the airport.
We question the basis for these assumptions and would like to see the notes and raw
data on which they are based.
8 The study assumed visitor spending at the three minor airports to be $90 per person per
day.
Again, we question the basis for these assumptions and would ifke to see the nofes and
raw data on which they are based.
9 The study uses "Impact multipliers."
Because the direct economic bene�t calcu/ations are uestionab/e, an a lication of
9' Y AP
rmpact mult�pliers �s a/so questionable. Furthermore, when applied to recreationa/ flight
activities carried out by residents of the Twin Cities, we question the use of economic
impact mu/tipliers because such impacts on/y occur if they airport's activities actual/y
bring outside money into the region. It is instructive to note fhaf the subsequent
"Economic Impact Analysis of the Reliever Airport System December 2005" states on
a e 6 that the FAA s eci�cal/ ex I
P 9 p c udes mWlfi liers from its bene�t cost ana/ ses for
Y A Y
good reason.
20 The study counts $476,000 of MAC spending at the Crystal Airport as "direct economic
activity".
It may be acfivity, but it is not outside money coming into the region; it is MAC paying
ouf money it has co/lected as fees from airport users or transfers from operations at
MSP.
22 The study estimates 65% of 38,740 itinerant operations at Crystal are "true visiting
flights".
We question the basis for this assumption and would like to see the notes and raw data
on which it is based. Anecdotal evidence suggesfs fhat few if any outside visitors from
the Twin Cities f/y into Crystal for business or p/easure. If the 65% fi ure is correct, that
9
would mean 69 true visiting flights per day with 172 visifing peop/e per day.
22 The study estimates each visiting person is here for 1.4 days and spends an average of
$90 per day, yielding $3,948,000 true visitor spending per year or $10,800 per day.
We question the assumed $90 spending per visitor per day. Again, anecdota/ evidence
suggesfs otherwise. If 172 visitors from outside the Twin Cities region are really arriving
I at Crysra/ each day, and not other airports, and if they spend a total of $10,800 each
da wh did the
y, y Embers restaurant located at Airport Road and CSAH 89 close several
years ago? Why is the loca/ market for hote/s not booming?
22 To the airport operations and on-airport businesses figures, the study uses the final
demand output multiplier for the air transportation industry of 2.15.
We question the application of a mu/tiplier for air transportation in general at a primarily
recreationa! airport.
2
ATTACHMENT "A"
PAGE COMMENT
22 To the visitor spending figures, the study uses the final demand output multiplier for the
tourism industry of 1.98.
We question the application of a multiplier for tourism in general af a primarily
recreational airport.
23 The study then estimates employment of 200 based on the product of the direct figures
and the multipliers.
Because these �gures are based on a chain of assumptions that are potentia/ly
erroneous when applied to a primarily recreational airport, the employment frgure is
questionab/e as well. The employment estimate based on airport operafing expenses is
derived from money spent by MAC but this is money which has been taken from other
sources such as /ocally-charged fees or transfers from operafions at MSP. The
employment estimate based on visitor spending is derived from a chain of questionabFe
assumpfions not supported ,by observable activity in the community. We believe that the
true figure may roughly correspond with the estimated employment at fhe on-airport
businesses, and we question why the actual employment �gure for those businesses is
not used instead of multiplier-based estimates. Furthermore, what share of on-airport
business consists of serving recreational pilots from wifhin the region, and therefore
does not reflect economic benefrt being brought into the region from outside?
36 The study's estimated overall impact from the Crystal Airport is $19,273,000, or 7.6% of
the estimated $254,663,000 impact of the reliever system as a whole. Its estimate of
200 jobs generated by Crystal Airport is 8.9% of the estimated 2,258 jobs generated by
the reliever system as a whole.
In addition to questioning fhe assumptions /eading to the $99,273,000 and 200 jobs
estimates for Crysta/ Airport, we thought it prudent to examine fuel sales, a rough
approximation of actual flight activity encompassing not only the number of operations
but also the type of aircraft and typical distances flown. This is a sort of "check" on the
assumptions the study uses fo estimate economic and employment impacts. Based on
figures in the study, the value of fuel so/d at Crystal Airport is $774,000, or 3.1 of the
$25,014,000 in fuel sa/es for the reliever system as a whole. The study estimates that
Crysfa/ Airport's share of fhe reliever sysfem's economic impact is 250% higher than its
actua! share of fuel so/d. Similarly, the study estimates that Crystal Airport's share of the
reliever system's employment impact is 290% higher than its actual share of fuel sold.
This raises the question, "Whaf are the qualitative characteristics of aviation activities at
Crysta! Airport, as compared to the reliever system as a whole?', and suggests that the
study's economic impact assumptions are flawed in some way.
3
ATTACHMENT "B"
The city of Crystal offers the following comments on the RelieverAirport Economic
lmpact Analysis, dated December 2005.
PAGE COMMENT
1 The first set of figures shows Crystal's estimated net present value to be in $6.2 million
0
0
with partial (85 /o) rebasing within the MAC system and $8.7 million with full (100 /o)
rebasing within the MAC system.
These figures are derived from the benefit-cost ("8-C') ana/ysis not the �nancial
analysis which focuses on actual MAC costs and benefits. While the B-C ana/ysis may
be consistent with FAA criteria typically applied to federal funding requests for airport
expansion projecfs, it is seriously flawed as a basis for regiona/ decision-making
regarding how many reliever airports MAC must operate to meet regional aviation
needs. See also our comments regarding pages 6, 26, 27 and 29-30.
1 The second set of figures shows CrystaPs estimated net present value to be $2.3 million
with full (100%) rebasing within the MAC system.
These figures are from financial analysis focusing on the costs and benefifs for MAC.
We believe it rests on a clear/y faulty assumption: Thaf after c/osing the airport and
spending the money necessary to add landside capacity at other airports in its system,
MAC wou/d just let the 430 acre Crystal sife sit there, vacant and unused, instead of
selling it for deve/opmenf. See also our comments regarding pages 21-22.
1 The second set of figures shows Crystal's estimated net present value to be $240,000 e
with partial (85%) rebasing within the MAC system.
These �gures are a/so from the financial analysis focusing on. the costs and bene�ts for
MAC. In addition to the clearly faulty assumption described above (thaf MAC wou/d just
let the site sit fhere), fhere is another problem with this: Why not use a 75% rebasing
scenario? 60%? Wl�at about 50%? In fact, the $240,000 net present va/ue figure is so
minimal fhat a slight change in the rebasing scenario (say, 80% instead of 85%) would
a/most certainly show a negative net present value for Crystal. One has to wonder why
the consu/tant picked 85% as the `magic number: See also our comments regarding
pages 21-22.
2 The closure of any one reliever airport... would significantly limit the system's ability to
accommodate any future growth that might occur in general aviation. In particular, any
closure would put the system quite near its capacity for storage of aircraft.
Buf (9) what segments of general aviation are growing business aviation or
recreational flying; (2) what is MACs role and responsibility for providing storage space
for recreafiona/ aircraft; and (3) what is the regional value and justification for MAC fo
continue to subsidize recreationa/ aircraft storage indefinite/y and without limitation?
2 The benefit-cost calculations and financial analyses presented here do not include the
shutdown costs involved in actually closing airports and buying out existing leases, nor
do they include the proceeds from the possible sale of vacated land.
This makes it c/ear that this study did not seriously examine the possibility of closing one
or more of the minor relievers.
1
ATTACKMENT "B"
PAGE COMMENT
6 Benefit-cost ("B-C") analysis evaluates a!I of the benefits and costs affecting the aviation
public.
But what about the other 2.7 million people who live in the seven-county metro? The
FAA's B-C methodology is designed to evaluate applications for federa! funding fo
expand aviation facilities, and does no, and was never intended to, answer broader
question of regional public policy, i.e. what would the benefits and cosfs be of c/osing
one or more of the minor reliever airports? For examp/e, in a c/osure scenario, fhe FAA
method counts additiona/ travel time of a few hundred pilots having to trave/ farther fo
get to their planes, but ignores the travel time savings for potenfially thousands of daily
commuters who could live on a redeveloped airport infill sife instead of the fringe of fhe
metro.
6 Benefit-cost ("B-C") analysis is the appropriate method for evaluating the operation of
the reliever airports.
True, but not the 8-C method used by the FAA to review requests for federa/ funding for
airport expansion projects. To be objective, the B-C analysis for a c/osure scenario
wou/d, at a minimum, have to accounf for the following things missing from an FAA-type
8-C analysis:
Net proceeds to MAC for the sa/e of the airporf site (affer deducting any FAA
paybacks, diversion of proceeds to other MAC reliever system improvement
projects, tenant lease buyouts, etc.)
Trave! fime savings resulting from new infill development on the airport site vs. new
development on the edge of the metro
Infrasfructure cosf savings resulfing from new infill development on the airport site
vs. new development on the edge of the metro
Effect of airport closure on property values in surrounding communities
Eliminating the exisfing safety hazard of having over 300 homes in the safety zones
12 Study says that it assumes operation to be flat, in the case of Crystal at 80,000 per year.
But the 2004 actual �gure was 74, 879 and the 2005 �gure is projected to be 72, 000.
15 For the full (100%) rebasing scenario, the study allocates 170 Crystal aircraft to Flying
Cloud and 90 to Anoka County-Blaine.
Even if we are to assume that fhe only MAC airports they would go to are F/ying Cloud
and Anoka County-B/aine, the `center of gravity' for Crystal owners is roughly midway
between Flying Cloud and Anoka County-Blaine. A 50/50 split assumption is better
supported by fhe facts.
16 For the partial (85%) rebasing scenario, the study allocates 130 Crystal aircraft to Flying
Cloud, 90 to Anoka County-Blaine, and 40 outside the MAC system to Buffalo.
What about the many other public use airports with hard surfaced runways located jusf
outside the MAC system, within an hour's drive of Crystal? Among these are Rush City,
Cambridge, Princeton, Clear Lake, Map/e Lake and G/encoe. Again, what was fhe
basis for choosing 85% rebasing within MAC vs. 80%, 75%, or some other figure?
2
ATTACHMENT "B"
PAGE COMMENT
17 Regarding itinerant operations, "...it does not appear that the reallocations we assumed
(due to closure) were unreasonable or would cause any pressure on the airside capacity
of the airports receiving additional flights."
This confirms that the value of the minor relievers is found primarily in the storage of
aircraft.
21-22 The financial analysis of MAC's benefits and costs estimates the net present value to be
$2.3 million with full (100%) rebasing within the MAC system and $239,000 with partial
(85%) rebasing within the MAC system.
We question the assumption that, after c/osing Crysta/ and spending the money
necessary to add landside capacity at other airports in its system, MAC would just lef
the 430 acre Crystal site sit there, vacant and unused, instead of selling it for
development. We a/so wonder why the partial rebasing scenario uses an 85% figure,
which assumes just 15% of the 260 planes at Crysta/ would be based outside fhe MAC
system. But this 15% change drops the net present value of M1C from $2.3 million to
$240, 000. It wou/dn't take much more of a shift to non-MAC airports for the net present
value of Crystal to be negative for MAC under the partia! rebasing scenario. One has fo
wonder why the consu/tant picked 85% as the `magic number'.
26-29 In the benefit-cost analysis, under benefits to operators of based aircraft, the study
charges the closure scenarios 48.5¢ per mile and $34.80 per hour for the additional
distance and travel time they would spend getting to alternate airports, yielding a
$1,287,000 net present value benefit of continued operation.
Again, this may make sense for FAA to consider when deciding whether to federally
fund an airport expansion project, but it doesn't make sense as a basis for regional
policy decisions about how many airports are real/y needed. Also, the ana/ysis fails to
include the trave! distance and time that would be saved if the airport site were
redeveloped, and hundreds of jobs and thousands of residents could be /ocated c/oser
in rather than at the edge of the metro. lf the latfer is not going to be counted, then
neither shou/d the former.
26-29 In the benefit-cost analysis, under benefits to general aviation visitors, the study similarly
charges the closure scenarios for the additional distance and travel time of visitors on
itinerant flights, yielding a$5,077,000 net present value benefit to continued operation of
the present facilities.
Because there are few, if any, regiona! destinations in the northwest quadrant of the
metro area, this assumption is highly questionable. The study does not indicate what
percentage of itinerant flights are assumed to be `�rue visifing flights" and it does not
indicate where visitors flying into Crysta/ might actually be going. We therefore have no
way of knowing the statistica/ basis for this very /arge assumed benefit of continuing
operation. Anecdota/ evidence, such as a decline in the few tourism-related businesses
that had ever existed near the airport (i.e. fhe closure of the restaurant at Airport Road
and CSAH 89), suggests that the $5, 077, 000 figure is wildly overstated.
3
ATTACHMENT "B"
PAGE COMMENT
29 It is insfructive to note fhat the differences in net present value between fhe MAC
financia/ analysis and the benefif-cost ana/ysis only consider two fac#ors: Travel
distance and time saved by pilots; and travel distance and time saved by visitors. At a
minimum, a conclusive benefit-cost ana/ysis wou/d have to inc/ude the following
additiona/ factors missing from this study:
Net proceeds fo MAC for the sale of the airport site (after deducting any FAA
paybacks, diversion of proceeds fo other reliever system improvement projects,
tenant /ease buyouts, etc.)
Travel time savings resulting from new infili deve/opmenf on the airport site vs. new
development on the edge of the metro
Infrastructure cost savings resulting from new infill development on the airport site
vs. new development on the edge of the metro
Effect of airport c/osure on property values in surrounding communities
Eliminating the existing safety hazard of having over 300 homes in the safety zones
4
ATTACHMENT "C"
The city of Crystal offers the following comments on the Reliever Airports Task Force
report entitled, Recommendations Regarding the Future Operation and Development of
the Reliever Airport System, dated January 10, 2006
PAGE COMMENT
3 The Task Force "focused its efforts on five areas:
What role do the reliever airports serve?
What is the proper number, size and location of the airports?
What capital improvements are necessary?
What are the realistic capital funding sources?
What is the correct management arrangement?"
The last three areas /ogica/ly follow from the first two, and they cannot be answered
without resolution of the first two guestions. Unfortunately, the frrst two questions were
papered over, which led to the unfounded premise that continued operation of al/ six
re/ievers is justified. Since the basic policy questions posed by the first two questions
were not addressed, the task force focused instead on operational fixes.
3 Acknowledges the minor airports provide limited relief to MSP but offer options for
aviation activity incompatible with goals elsewhere.
What are the "goa/s e/sewhere"? And why not consider the options outside the MAC
system?
3 "Safety is paramount."
Then why no discussion of the roadways, houses and apartments in Safety Zones A
and B at Crystal?
3 "The Task Force conducted numerous public meetings...to seek input from
stakeholders, including airport tenants, Reliever Airport Advisory Council, Northwest
Airlines, Aircraft Owners and Pilots Association, Minnesota Business Aircraft
Association, International Air Transport Association, state legislators, city leaders,
Bottineau Boulevard Partnership, airport managers, private airport operators,
developers, and a number of commercial operators."
Neither elected officials nor staff from the city of Crystal were invited to present the city's
ideas directly to task force for consideration. At the city's request, the City Manager met
on November 29, 2005, with members of the task force and received an overview of the
goa/s and timeline for the process. The city questions the objectivity of process,
because it did not inc/ude a thorough examination of the overarching policy issue; i.e.,
the confinued role of a public body in maintaining three recreationa/ airports within fhe
metra
4 MAC's GA responsibility is to serve current needs and prepare for futu.re growth.
Where is the analysis of the type of aviation that occurs at Crystal as distinct from GA in
general, which inc/udes business travel?
ATTACHMENT "C"
PAGE COMMENT
5 FAA Aerospace Forecasts concluded that 2001-2003 proved to be difficult years for GA
but projects increased GA growth in beginning in 2005.
Why use 2 year-old FAA forecasts instead of actual numbers fhat are available through
most of 2005? What's been the reality for GA nationally, and in the MAC system and
minor, recreational airports like Crystal specifical/y? What are the frends for recreational
flying versus those for other GA such as business aviation?
6 There appear to be two separate GA economies, (1) turbojets and (2) everything else.
The report speaks to the turbojef economy and the projected growth in business jets,
business aviation, etc. What about the piston aircraft economy such as the recreational
flying thaf occurs at the minor airports like Crystal?
6 Task force recommends that the Crystal Airport should (1) continue to serve as
recreational use airport, and 2) with consideration given to alternative development
opportunities that meet goals of MAC, tenants and surrounding community.
But (9) Why?; and (2)Such as?
8 Tenants argue their personal property taxes should be redirected to MAC not local
govemments because they derive little benefit.
Airport fenants and users receive police fire protection, a maintained roadway system
and public utilities. The land is tax-exempt; on/y personal property taxes are assessed.
8 MAC should seek a significant share of MnDOT aviation funds, most of which currently
goes to outstate airports.
This would benefit the primary relievers, but why propose to fake money that might
otherwise be availab/e to Greater Minnesota airports, including 93 public use airports
with hard-surfaced runways located within 60 miles of Crystal? Greater Minnesota
airports are a like/y option for tenants who choose to leave the M,4C system in response
to increasing fees and hangar requirements; they may also be a more appropriate
venue for recreational flying an airport embedded in a residential area within the
metropolitan area.
9 A growing number of aircraft owners want to construct hangars at relievers.
Which types of aircraft, and at which airports? The actual numbers from Crystal, and
the trend for the past ten years, suggest otherwise.
12 If growth is not accommodated at reliever airports, the alternative will cause congestion
at MSP.
But this is based on business jets crowding out commercial jets at MSP and has little to
do with the typically recreational flying occurring at Crystal. Again, the report does not
address the basic question of what is the regional value of having a recreational airport
embedded in an urban area?
13 MAC has held operating expenses flat over the past 5 years.
Operations at Crystal have decreased dramatically during that time.
2
ATTACHMENT "C"
PAGE COMMENT
14 MAC should amortize its portion of capital costs by on and off airport develo ment.�
P
In the case of Crystal, what sort of deve/opment? Where?
14 The report recommends several additional fee-based revenue sources.
Shouldn't the study take into account the like/y effect of the addifiona/ fees on the
number of recreational aircraft based at Crystal? Wouldn't that be good to know in order
fo have a meaningfu/ evaluation of the long-term need for the facility?
16 The report says that the task force has identified property available for non-aviation
development at each airport, such as gas stations, industrial/office/condo, hotels,
restaurants, strip malls, mini-storage, new car lots, nursery plots; and recommends
aggressive pursuit of development opportunities on land w/o immediate aeronautical
need.
The task force has yet to share with the city what they are contemp/ating for Crystal.
18 The report recommends stronger MAC control over maintenance, structural integrity and
aesthetics of hangars to keep them "like nev�'.
This should have been required years ago. How will tenants react to the new
requirements, given their price sensitivity? This might accelerate fhe decline in use of
and demand for the Crysta/ Airport. As with the fee increases, shou/dn't the study take
into account the likely effect of the additional fees on the number of recreational aircraft
based at Crysta/? Again, wouldn't that be good to know in order to have a meaningful
eva/uation of the /ong-term need for the facility? What about the non-aviation uses fhat
have been observed at Crystal, such as car, boat and RV storage? The Task force
recommendations don't address this problem, and current MAC interior inspection
process allows tenants fo evade the requirement that their use be aviation-related.
ATTACHMENT "D"
CRYSTAL A/RPORT POSITION PAPER
AN OVERVIEW
The information below offers an overview of key points from the Crystal Airport
Position Paper prepared by Crystal city staff in December 2005 to inform the
broader community about the need to examine the public policy questions posed
by the Metropolitan Airport Commission's continued operation of the Crystal
Airport (MIC) as a facility for recreational fliers and to raise issues that need to be
at the heart of that examination.
MIC Operations 8 Economics (Sources: MAC. FAA. MnDOT1
56.3% decline in annual flight operations, 1995-2004 (from 171,478 to 74,879).
Operation totals through 11/30/05 suggest a 4% decrease in operations in 2005
(from 74,879 to an estimated 72,000).
2004 operations are 40% less than total operations in 1964 (124,064).
Based aircraft decreased 23% between 1995 and 2004 (327 to 253).
900% increase in the number of non-use aircraft, 2000-2005 (from 4 to 36).
Avg. annual revenue, 1995-2004: $157,000
Avg. annual operating expenses, befare depreciation, 1995-2004: $597,238
Avg. annual net operating deficit, 1995-2004: ($290,542)
Avg. annual deficit, with depreciation, 1995-2004: ($496,658)
Facilitv Overview
MIC occupies over 430 acres in Crystal, Brooklyn Park, and Brooklyn Center.
MIC is characterized by MAC as ...primarily a facility for propeller aircraft, designed
to meet the needs of private and recreationa/ pilots."
Sufficient perimeter land was never acquired to provide adequate safety zones. MIC
is surrounded by single-family neighborhoods. Safety zones contain over 300 single-
family homes and seven 4-plexes.
Runway expansion is financially impractical and unlikely due to existing roadways,
local land use constraints and the high cost of acquisition and clearance of
properties within the safety zones.
1
ATTACHMENT "D"
The A/ternatives
Sufficient airside capacity exists within the system to support relocation of airside
capacity from Crystal.
Reasonable options exist for recreational aircraft storage both within and outside of
the MAC system. (There are 18 public airports with hard-surfaced runways within 60
miles of MIC, with over 700 acres of land available for hangar�construction.)
Rational Public Polic►✓ Discussion Leads to Rational O,�erational Decisions
The policy discussion must include a review of whether promoting recreational
aviation remains a public responsibility, and whether that responsibility is necessarily
synonymous with an obligation to operate and maintain recreational airports within
fully developed portions of the metropolitan area. This discussion is not complete
without thorough consideration of whether the need exists to provide public facilities
for recreational pursuits.
If there is confirmation that continuing operation of all three recreational airports no
longer serves the best interests of the region, perennially runs deficits, and serves a
limited number of recreational fliers, the MAC has an obligation to either a) justify its e
role in continuing to operate public facilities to accommodate recreational fliers; or b)
acknowled e h
g t at closure better serves the greater public good and protects the
safety and welfare of the general public.
The policy discussion must include consideration of the benefits to the region
presented by the replacement of recreational aviation facilities with uses that offer
broader public benefits.
The policy, discussion ultimately must conclude in a decision that will reflect sound
public policy and an understanding of MAC's responsibility to its nearly 3 million
customers. Consideration of the broader interests of the entire region should
resonate in that decision.
2
THE BROQKLYN PARK ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF BROOKLYN PARK
RESOLUTION #2006-11
RESOLUTION APPROVING A RECOMMENDATION THAT AN INDEPENDENT
AND OBJECTIVE STUDY OF THE CRYSTAL AIRPORT BE CONDUCTED
THAT IDENTIFIES THE REGIONAL COST BENEFIT OF CONTINUED
OPERATIONS AND OPPORTUNITIES FOR REDEVELOPMENT.
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
BROOKLYN PARK ECONOMIC DEVELOPMENT AUTHORITY ("AUTHORITY") AS
FOLLOWS:
WHEREAS, the Crystal Airport is located partially in the City of Brooklyn Park, a.nd
WHEREAS, the Crystal Airport is a reliever airport within the Metropolitan Twin
Cities Region, and
WHEREAS, flight traffic has been declining for decades at the airport resulting in it
being used far below capacity, and
WHEREAS, the airport is used almost exclusively today for private recreational
purposes, and
WHEREAS, the Metropolitan Airports Commission conducted a study regarding the
future of the reliever system, and
WHEREAS, the City of Brooklyn Park was not invited to participate in the MAC
study, and
WHEREAS, the basic data in the reports is not completely accurate and leads to
conclusions that do not appear to plausible in light of close observation, and
WHEREAS, the MAC studies fail to consider the economic impact for the region of
development if the airport was decommissioned, and
WHEREAS, the Crystal airport operates despite not meeting safety standards
pertaining to having single family home neighborhoods within safety zones,
THEREFORE, BE IT RESOLVED, that the Brooklyn Park Economic Development
Authority supports the creation of an independent and objective economic impact study of
the Crystal Airport that utilizes more accurate base data and analyzes the long term impact
of continued airport operations and likely altemative development scenarios; and
BE IT FURTHER RESOLVED, that staff are directed to take actions to implement
this recommendation in partnership with other stakeholders who will identify and fund the
research.
RESOLUTION #2006-11 APPROVING A RECOMNIENDATION THAT AN INDEPENDENT
AND OBJECTIVE STUDY OF THE CRYSTAL AIRPORT BE CONDUCTED THAT
IDENTIFIES THE REGIONAL COST BENEFIT OF CONTINUED OPERATIONS AND
OPPORTUNITIES FOR REDEVELOPMENT
PAGE 2
The foregoing resolution was introduced by EDA Commissioner Meyer and duly seconded by
EDA Commissioner Simmons. The following voted in favor of the resolution: Gearin, Lampi,
Mata, Meyer, Schmitz Simmons. The following voted against: None. The following were
absent: Trepanier. Whereupon the resolution was adopted.
ADOI�1'ED: March 13, 2006
J w 9�1 ��c�'Zo/
STEVE LAMPI ROBERT SCH� IER
PRESIDENT ASSISTANT �XECUTIVE DIRECTOR
STATE OF MINNESOTA
COUNTY OF HENNE�IN
CITY OF BROOKLYN PARK
I, the undersigned, being the duly qualified Secretary of the Brooklyn Park Economic
Development Authority, hereby certify that the above resolution is a true and correct copy of the
resolution as adopted by the Brooklyn Park Economic Development Authority of the City of
Brooklyn Park on March, 2006.
WITNESS my hand officially as Economic Development Authority Secretary this �g}
day of March, 2006.
�-�Q�
THERESA FREUND
EDA SECRETARY
City of Crystal
Resolution'2006 38=
RESOLUTION SUPPORTING THE COMPLETION OF
AN (NDEPENDENT AND OBJECTIVE STUDY
OF THE CRYSTAL AIRPORT
THAT IDENTIFIES THE REGIONAL COST-BENEFIT
OF CONTINUED OPERATIONS AND
OPPORTUNITIES FOR REDEVELOPMENT
WHEREAS, the Crystal Airport is located primarily in the city of Crystal; and
WHEREAS, the Crystal Airport is a complementary airport within the Metropolitan
Airports Commission (MAC) system of reliever airports; and
WHEREAS, flight traffic has declined considerably over the, past decade resulting in
it being used far below its stated capacity; and
WHEREAS, the airport is characterized by the MAC as a recreational use airport
and is used almost exclusively today for private recreational purposes; and
WHEREAS, on December 21, 2004, the Crystal City Council adopted Resolution
#2004-98 calling for a careful audit and assessment of all facets of operations at the
Crystal Airport, and
WHEREAS, in 2005, the MAC conducted a series of economic studies with regard to
its reliever system; and
WHEREAS, the city of Crystal was not invited to provide input into the MAC studies;
and
WHEREAS, assumptions made in the studies are not based in fact and lead to
conclusions that do not appear plausible in light of close obsenration and knowledge
of airport activity; and
WHEREAS, the MAC studies fail to consider the broader economic benefits to the
region of airport redevelopment versus continued airport operation; and
WHEREAS, the Crystal airport operates despite concerns raised by the city
regarding the approximately 300 single-family homes within Safety Zones A and B;
Page 1 of 2 2006 Crystal Airport Resolution
Resolution 2006-38
NOW, THEREFORE, BE IT RESOLVED that the Crystai City Council supports the
completion of an independent and objective study of the Crystal Airport that relies
upon accurate base data, analyzes the long-term impact of continued airport
operations and identifies the regional cost-benefit of continued operations and
opportunities for redevelopment; and
BE IT FURTHER RESOLVED, that the Crystal City Council supports the bills
introduced at the Minnesota Legislature calling for same.
Adopted this 18th day of April, 2006. O
ReNae J�ow Mayor
ATTEST:
/��f� �P.U,/�
Janq� Lewis, City Clerk
Page 2 of 2 2006 Crystal Airport Resolution
City of Crysfal
20D4-98
Resolution
Resolution supporting the Metropolitan Airport Commission's review of Crystal Airport's
continued role in the re ional s stem of air orts and reaffirminQ the air ort olicies of the
g Y P b P P
Crystal Comprehensive Plan
WHEREAS, the 433 acre Crystal Airport is a minor reliever owned and operated by the
Metropolitan Airports Commission (MAC) and is characterized by the MAC as"primarily a
facility for propeller aircraft, designed to meet the needs of private and recreational pilots;" and
WHEREAS, the Crystal Airport is located in the cities of Crystal, Brooklyn Park, and Brooklyn
Center and represents the largest underutilized tract of land within the first ring communities of
northwest Hennepin County, offering the region's greatest opportunity for meaiungful and long-
lastin chan e tl�rou h redevelo ment• and
g g g P
WHEREAS, the Crystal Comprehensive Plan acknowledges that the airport is unsafely
embedded in a predominantly residential area, without adequate approach zones for its runways;
and
W�iEREAS, expansion of the Crystal Airport is financially impractical and highly unlikely due
to local land use constraints; and
WHEREAS, MAC data show the number of based aircraft at the Crystal Airport has decreased
by nearly 20% between 1995 and 2003 (from 327 to 263), and may drop further due to increased
rates and charges to airport tenants currently under consideration by the MAC; and
WHEREAS, MAC data confirm that the Crystal Airport operates at a significant operating
deficit (excluding depreciation), averaging a net annual loss of $350,000 and an average annual
loss with depreciation of $555,580 over the years from 1997 to 2002; and
WHEREAS, MAC data confirm that aviation operations at the Crystal Airport have diminished
significantly to 20% less than the number of operations reported in 1964 and dramatic reductions
of 20,000-30,000 operations each year since 2000; and
WHEREAS, MAC data suggests that because enough general aviation airside capacity exists
within the reliever system (630,700 operations in 2003 at six relievers with an operational
capacity of 1.4 million), airport closure, not relocation, is the economically wiser option; and
WHEREAS, the 2000-2020 Crystal Comprehensive Plan states that, while airport operations
might continue for the timeframe of the document, it is the policy of the city that the airport site
not be expanded and that it ultimately be redeveloped for other, more appropriate uses; and
Resolution 2004-98
WHEREAS, MAC Conunissioners have acknowledged publicly the need to evaluate further the
benefits and coiltributions to the metropolitan airports system offered by the Crystal Airport, as
well as the other relievers in the system; and
NOW, THEREFOR.E, BE IT RESOLVED that, in light of the dramatically diminishing number
of �light operations at the airport, a steady reduction in the number of tenants, sizable o erational
d a
P
eficits on oin safet concerns im edime
b g Y p nts to ai ort ex ansion and excess eneral aviation
rP P g
capacity within the metropolitan airport system, the city of Crystal supports the efforts of the
Metropolitan Airports Conunission to conduct a careful audit and assessment of all facets of
operations at the Crystal Airport, including: hangar use; number, condition and flight Status of
based aircraft; stability of airport-based businesses; types of flight operations; current and
potential role as a reliever in the regional airport system; and regional alternatives for training
and recreational aviation activities; and
BE IT FURTHER RESOLVED that should the Metro olitan Ai orts Commission determine
P rP
that the c sure
lo f the
0
C stal A'r ort
i is the re e
f rred u e c'
c rs of a ti t e 't f
rY p p o on, h Ci y o Crystal, in
accordance with its aviation policies in the Crystal Comprehensive Plan, would support the
orderly closure of the Crystal Airport and eventual reinvestment and transformation of the
property to create opportunities for dramatic and positive cllange and long-term benefits for
Crystal residents and citizens of northwest Hennepin County and the entire metropolitan region.
Adopted this 21 S day of December, 2004.
l�or
ATTEST:
City Clerk
2
S.F. No. 3753, as introduced 84th Legislative Session (2005-2006) Page 1 of 1
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S.F. No. 3753, as introduced 84th Legislative Session (2005-2006) Posted on Apr 07, 2006
1.1 A bill for an act
1.2 relating to airports; directing the Metropolitan Council to submit a report
1.3 the legislature on the Crystal Airport and potential alternative land uses
1.4 Crystal Airport property.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. CRYSTAL AIRPORT; REPORT.
1.7 BY Februarv 1, 2007, the Metro�olitan Council must submit a re�ort to the
1.6 leqislature under Minnesota Statutes, section 3.195, and to the chairs and
1.9 members of the senate and house committees havinq iurisdiction over airoort
1.10 The report must include:
1.11 (1) an economic analvsis of the Crvstal Airport, includinq local and reqior.
1.12 economic impacts;
1.13 (2) an analvsis of �otential alternative uses of the land currently occupie
1.14 Crystal Airport, includinq the costs and benefits of the alternative uses;
1.15 (3) recommendations on which of the uses of the land currentl�� occupied by
1.16 Crystal Airport would be of the qreatest benefit to the general nublic.
Please direct all comments concerning issues or legislation
to your House Member or State Senator.
For Legislative Staff or for directions to the Capitol, visit the Contact Us page.
General Questions or comments.
r....-.��. n n i _n e f� n o /rlh/�C
H.F. No. 4102, as introduced 84th Legislative Session (2005-2006) Page 1 of 1
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H.F. No. 4102, as introduced 84th Legislative Session (2005-2006) Posted on Apr 05, 2006
1.1 A bill for an act
1.2 relating to airports; directing the Metropolitan Council to submit a report
1.3 the legislature on the Crystal Airport and potential alternative land uses
1.4 Crystal Airport property.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. CRYSTAL AIRPORT; REPORT.
1.7 By February 1, 2007, the Metro�olitan Council must submit a re�ort to the
1.8 leqislature under Minnesota Statutes, section 3.195, and to the chairs and
1.9 members of the senate and house committees havinq �urisdiction over airnort
1.10 The report must include:
1.11 (1) an economic analvsis of the Crvstal Airnort, includinq local and reqior.
1.12 economic impacts;
1.13 (2) an analvsis of notential alternative uses of the land currentiv occupie
1.14 Crystal Airport, includinq the costs and benefits of the alternative uses;
1.15 (3) recommendations on which of the uses of the land currentl�� occupied by
1.16 Crystal Airport would be of the qreatest benefit to the cleneral nublic.
Please direct all comments concerning issues or legislation
to your House Member or State Senator.
For Legislative Staff or for directions to the Capitol, visit the Contact Us page.
General Questions or comments.
httn_//www_revisor.le�.state.mn.us/bin/bldbill.nht�?bi11=H4102.0.htm1&session=1s84 04/18/2006
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION SUPPORT]NG THE COMPLETION OF AN INDEPENDENT AND
OBJECTIVE STUDY OF THE CRYSTAL AIRPORT THAT IDENTIFIES THE
REGIONAL COST-BENEFIT OF CONTINUED OPERATIONS AND OPPORTUNITIES
FOR REDEVELOPMENT
WHEREAS, the Crystal Airport is located primarily in the City of Crystal; and
WHEREAS, the Crystal Airport is a complementary airport within the Metropolitan Airports
Commission (MAC) system of reliever airports; and
WHEREAS, flight traffic has declined considerably over the past decade resulting in it being
used far below its stated capacity; and
WHEREAS, the Crystal Airport is characterized by the MAC as a recreational use airport and
is used almost exclusively today for private recreational purposes; and
WHEREAS, on December 21, 2004, the Crystal City Council adopted Resolution No. 2004-
98 calling for a careful audit and assessment of all facets of operations at the Crystal Airport, and
WHEREAS, in 2005, the MAC conducted a series of economic studies with regard to its
reliever system; and
WHEREAS, the City of Crystal was not invited to provide input into the MAC studies; and
WHEREAS, assumptions made in the studies are not based in fact and lead to conclusions
that do not appear plausible in light of close observation and knowledge of airport activity; and
WHEREAS, the MAC studies fail to consider the broader economic benefits to the region of
airport redevelopment versus continued airport operation; and
WHEREAS, the Crystal Airport operates despite concerns raised by the city regarding the
approximately 300 single-family homes within Safety Zones A and B;
NOW, THEREFORE, BE ]T RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that the Brooklyn Center City Council supports the completion of an independent and
objective study of the Crystal Airport that relies upon accurate base data, analyzes the long-term impact of
continued airport operations and identifies the regional cost-benefit of continued operations and opportunities
for redevelopment; and
BE IT FURTHER RESOLVED, that the Brooklyn Center City Council supports the bills
introduced at the Minnesota Legislature calling for the same.
Mav 8, 2006
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 thereo£
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 9a
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City M: ger
FROM: Sharon Knutson, City Clerk�'
DATE: May 3, 2006
SUBJECT: An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding Side
Yard Setback Requirements and the Height of Accessory Structures
ouncil a ro
ved first readin of An
At its Apnl 10, 2006, meetmg, the Brooklyn Center Crty C pp g
Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding Side Yard Setback
Requirements and the Height of Accessory Structures. The materials that were provided in the April 10,
2006, City Council agenda packet are also included for reference.
The second reading and Public Hearing are scheduled for May 8, 2006. Notice of Public Hearing was
published in the Brooklyn Center Sun-Post newspaper on Apri120, 2006. If adopted, effective date will
be June 17, 2006.
Attachments
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 8th day of May, 2006, 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 Code of Ordinances Regarding Side Yard Setback Requirements and the Height
of Accessory Structures.
Auxiliary aids for persons with disabilifies 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 SIDE YARD SETBACK REQUIREMENTS AND THE HEIGHT OF
ACCESSORY STRUCTURES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAlN AS FOLLOWS:
Section 1. Chapter 35 of the City Code of Ordinances of the City of Brooklyn Center is hereby
amended in the following manuer:
Section 35-400. TABLE OF MINIMUM DISTRICT REQUIREMENTS. Every use of land
within the City of Brooklyn Center shall conform to the following minimum requirements which are applicable
to the Land Use District in which such use is contemplated.
3c. The setback distance shall be measured from the exterior wall of the building, and no
part of any roof cornice or any appendage to the structure shall project to a noint
more than one-third the distance of the nunimum side yard setback.
Section 35-530. BUILDINGS IN Rl AND R2 DISTRICTS. In Rl and R2 districts every
building hereafter erected or structurally altered shall be located on a lot, and in no case shall there be more than
one principal building on one lot. The term "principal building" shall be given its common, ordinary mearung;
in case of doubt, or on any question of interpretation, the decision shall rest with the zoning official.
3. No accessory building shall exceed �-5 16 feet in height.
Section 2. This ordinance shall be effective after adoption and thirty days following its
legal publicarion.
Adopted this day of 2006.
Mayor
ATTEST:
City Clerk
Date of Publication:
Effective Date:
(�esa� indicates matter to be deleted, underline indicates new matter.)
MEMORANDUM
TO: Michael J. McCauley, City Manager
4 i�.�
FROM: Ronald A. Warren, Plaiuung and Zomng Speciahst
SUBJECT: Ordinance Amendment Regarding Side Yard Setback Requirements and
the Height of Accessory Stxuctures
DATE: Apri16, 2006
Attached is a draft ordinance amendment to Chapter 35 of the City Ordinances that is
offered to the City Council for first readang. It addresses a matter referred to the
Planning Commission for review and comment by the City Council regarding eave
encroachments into the minimum sideyard setback requirement and also the maximwn
height of accessory structures. The sideyard setback issue was raised by Mr. Joel Wilson
involving an eave encroachment of 4 inches for a manufactured home being built at 5649
Fremont Avenue North.
The Plannin Commission reviewed the matter on March 2 2006 and recommended an
g
ordinance amendment affecting eaves or overhang encroachments and also the height of
accessory structures. The ordinance amendment would allow such encroachments up to
1/3 the distance of the required setback. This would be consistent with State building
code requirements. It also recommended that accessory buildings be allowed to have a
maximum height of lb ft. The Planning Commission, when recommending the new
height requirements for an accessory building, also suggests that the accessory building
not be allowed to exceed the height of a principal building. This seemed like a
reasonable way of assuring garages to be accessory to principal buildings. However,
such a restriction might prove to be more trouble than it's worth by creating numerous
non-confornung use situations, particularly where there are rambler type homes with
detached accessory buildings. The proposed ordinance, therefore, does not include that
additional limitation.
Attached are copies of all information provided to the Planning Commission as part of
their review and the March 2, 2006 Planning Commission minutes, at which time the
Commission reviewed and recommended the ordinance amendment.
City�of Brooklyn Center
A Millennium Community
MEMOR.ANDUM
TO: Mayor Kragness, Councilmembers Carmody, Las iesen, and 0' Connor
FROM: Michael J. McCauley, City Manager
DATE: February 8, 2006
SUBJECT: Eave Encroachment on Side Yard Setback and Garage Heights
Attached is a copy of a review of the issue raised by Mr. Joel Wilson of 5649 Fremont Avenue
North. As indicated in the February 2, 2006 Memorandum, the average width of eaves has increased
since the side yard setback code was adopted which permits an eave to encroach only 2 inches into
the side yazd setback. In this review, the Building Official also raised the issue of gazage height due
to a change in roof styles. The matter is on the Council agenda for direction on whether the Council
would like to ask the Planning Conunission to review the width of eave encroachment on side yard
setbacks and/or garage roof height.
6301 Shingte Creek Parkway Recreation and Cammunity Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
Cit�� Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityof brookl��ncenter.org
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor
From: Michael J. McCauley
City Manager
Date: February 2, 2006
Re: Sb49 Fremont Avenue North
Situation
As Mr. Wilson outlined, the foundation w P at the p lans t call d for overhang (eaves)
for the house. The building official noted P
that was w�ider than would be allowed for set back purposes. This was noted on the plans
and an modification at the factory was anticipated by City staff. The contractor however
received delivery of the house with 18" eaves that encroached 4" into the side yard set
back.
A similar situation exists at 5421 Fremont where the contractor is in the process of
correcting the encroachment.
Annlicable Code
Section 35.400 Subd. 3c applies to this situation and requires that no part of any roof or
appendage to a structure project more than one�foot into the minimum side yard set back.
There are different setback� requirements based on type of structure and the presence or
absence of windows.
The building code allows a lesser distance for side yazd setback than does the zoning
code.
Options
Staff cannot waive the requirements of the zoning code. Relief from application of the
zoning code can occur under two circumstances:
a variance processed �through the Planning Commission and approved by the
City Council; or
amendment of the zoning code.
Observations
The building official has indicated that the typical house built when the zoning codes
were likely adopted had a one foot overhang. Current construction is more likely to have
6301 Shingle Creek Parhway Recreation and Community Center Ph.one TDD Num6er
Brookl�rn Cente�, MN 55430-2I99 (763) 569-3400
City Hall TDD A'umber (763) 563-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
an 18" to 24" overhang. Based on a less restrictive building code, an amendment to the
zoning code to reflect current widths would be permissible and possibly desirable.
The building official also advised that we may wish to review the height for garages since
people are driving taller vehicles and building styles have changed to higher pitched roofs
than were the norm in the 60's and 70's.
Conclusion
Based on the discussions with the building official, I would recommend that the City
Council request the Planning Commission review Section 35-400 Subdivision 3c. It
seems reasonable to allow a longer overhang on a building that otherwise meets setback
requirements. I would also recommend that the Planning Commission be asked to review
the height limitations of garages in light of changed building styles.
As it relates to Mr. Wilson, the options are to apply for a variance, which would be
difficult to obtain since the criteria for a variance generally require a hardship not of the
land owner's making. While Mr. Wilson didn't �r�e�ate of the Standards and fo�
his construction not meeting the zorung code. A py
Zoning Ordinance Variances is enclosed. The other option, if the City Council wished to
consider a review of the applicable sections, would be to defer potential enforcement
actions to compel compliance with the zoning code pending a review of a possible
amendment of the zoning code. Thus, if the code were amended, Mr. Wilson's property
,would not be non-conforming.
Mr. Wilson is receiving a copy of this memoran�um and attachment with notification that
the matter will be placed on the February 13 Crty Council Agenda for direction on
refemng a possible ordinance change to the Planning Commission.
Scc:-no�J �'s-�ao
b. In the case of permitted one family and two farnily dwellings, the dwelling
may be located less than ten (10) feet, but not less than five (5) feet, from not
more than one (1)'of the established interior side lot lines, provided: (1) All
other yard setback requirements are met; (2) The remaining minimum ten
(10) foot interior side yard, between the dwellings and the lot line, shall not
be used for any accessory building; (3) The exterior wall of the dwelling,
facing tt�e interior side yard of less than ten (10) feet, shall contain no
openings including doors, or windows, or provision for mechanical
equipment.
c. The setback distance shall be measured from the exterior wall of the building,
and no part of any roof cornice or any appendage to the structure shall project
more than one (1) foot into the minimum side yard setback.
d. Interior side yard setback requirements may be waived in commercial and
industrial districts where abutting commercial and industrial property owners
wish to abut along a common wall built aiong the property Iine. In other
cases, commercial or industrial buildings may be set back less than ten (10)
feet, but not less than three (3) feet, from not more than one of the established
side lot lines, provided: (1) All other yard setback requirements are met: (2)
The remaining minimum ten (10) foot interior side yard, between the
building and the lot line, shall not be used for any accessory building: (3)
The exterior wall of the building, facing the interior side yard of less than ten
(10) feet, shall conform in all respects with the requirements of the State
Building Code.
4. When a building of 2-1/2 stories or more in an R5, R6, R7, C1A or C2 zone abuts an
Rl or R2 zone, the setback of this building from the Rl or R2 property shall be no
less than twice the height of the building.
5. In the case of corner lots, the lot lines not abutting street right-of-way shall, for the
purpose of this ordinance, be considered side-interior lot lines, and except as
otherwise provided, the use shall adhere to the setback requirements set out f�r
interior side yards.
6. Except as otherwise provided, accessory buildings shall be permitted to be
constructed to within five (5) feet of the rear property line.
7. Lot width shall be a function of the width of the townhouse unit. Where a townhouse
unit abuts any other use, the interior side yard setback shall be a minimum of ten (10)
feet.
8. The following shall not be considered as encroachments on yard setback
requirernents.
City of Brooklyn Center 35-56 December 3, 2005
Ron Warren
Fram: Ron Warren
Sent: Friday, February 03, 2006 9:56 AM
To: Michael McCauley
Cc: Brad Hoffman; Larry Martin
Subject: Side Yard Setback Requirements 5649 Fremont Avenue N
I've been requested to provide follow-up information to my 1/30/2006 memo relating to side yard setback
requirements as they relate to 5649 Fremont Avenue N.
The Zoning Ordinance at Section 35-400 (Table of Minimum District Requirements), requires a minimum 10 foot
side yard setback for a principal building in a R-1 zoning distric� Side yard setbacks for accessory buildings are
3'. Setbacks are measured from the side interior property line to the building wall. Section 35-400, Subdivision 3b
allows varying side yard setbacks in certain cases and states... "In the case of permitted one family dwellings, the
dwelling may be located less than ten (10) feet, but no less than five (5) feet, from not more than one (1) of the
established interior side lot I'�nes, provided: (1) All other yard setback requirements are me� (2) The remaining
minimum ten (10) foot interior side yard, between the dwellings and the lot line, shall not be used for any
accessory building; (3) The exterior wall of the dwelling, facing the interior side yard of less than (10) feet, shall
contain no openings including doors, or windows, or provision for mechanical equipment"
5649 Fremont is a single family residential lot, 87' wide by 128' deep. Permits were issued for the demolition of an
existing house and the construction of a 27.33' by 56' foundation on 11/3/05. The site plan showed that the
foundation would be setback 10' from the south interior property line and 21' from the north interior property line.
The plan for the full building permit was submitted later and following discussion and clarification on the length of
the roof overhang, the contractor was advised that the maximum encroachment allowed into the 10' setback for
the overhang was 12". The full building permit for the construction of the house was issued on 12/22l05 on that
basis.
As noted above, there are varying side yard setbacks allowed for principal buildings. 10' is required at least on
one side of the building. A setback of less than 10', but no less than 5', is allowed on other side provided there are
no openings including doors, windows or provisions for mechanical equipment on the side less than 10'. An
overhang would be allowed to encroach one foot into that setback. Any more of an overhang encroachment would
mean that the building wall would have to be setback proportionately from the interior lot line. An exception to that
would be if there were no openings on that side of the building.
The house was manufactured off-site and delivered with a 16" overhang which, when set onto the foundation,
creates a 4" encroachment into the side yard setback requirement. The contractor has been advised to correct the
encroachment by reducing the overhang by 4". This is the same type of correction given to the contractor of the
manufactured house being constructed at 5421 Fremont where a house with an 18", rather than a 12", overhang
was delivered. He is in the process of correcting that encroachment by appropriately reducing the overt�ang.
Yard setbacks have long been held to be legitimate forms of land use regulation provided they reasonably relate
to a recognized public purpose. Many court cases have been decided over the years which have solidified there
use. Setbacks afford room for tawns, trees and open space; keep dwellings apart from dust, noise and fumes; add
to the attractiveness and comfort of a residential distric� reduce fire hazards; allow light and air between adjacent
buildings. Side yard setbacks in particular allow space beiween lots for fire protection and provide the ability to get
fire fighting equipment into rear yard areas. All of these points are justifiable reasons for setbacks.
The current side yard requirements and the one foot overhang encroachment have been in existence in Brooklyn
Center for many decades. The ability to have the varying side yard setback for a principal building was adopted
by the City Council around 1975.
You have also requested information regarding the criteria for obtaining a variance. 1've forwarded you a copy of
the "Standards and Procedures for Zoning Ordinance Variances" which is an informational handout provide to
persons wishing to pursue a variance. This sheet cites the four standards, all four of which must be meet in order
for the City Council to grant a variance.
I hope this information is beneficial to you. If you need additional information or comments, please contact me.
2/3/2006
a cc6v va a
Ron Warren
From: Ron Warren
Sent: Monday, January 30, 2006 4:12 PM
To: Brad Hoffman
Cc: Larry Martin
Subject: Side Yard Setback Requirements for Overhangs
You have requested comments from Larry Martin, Building Officiat, and myself regarding the side yard setback
requirement for overhangs particularly as it relates to 5649 Fremont Avenue North. The contractor building the
house at this address has been advised that the overhang extending into the side yard exceeds what is an
allowable setback encroachment by 4 inches and must be corrected.
Section 35-400, Subdivsion 3c of the Zoning Ordinance states °The setback distance shall be measured from the
exterior wall of the building, and no part of ant roof cornice or any appendage to the structure shall project more
than one (1) foot into the minimum side yard setback.'
The side yard setback distance varies depending upon whether a building is a principal building or an accessory
building and certain other circumstances. However,once the setback has been determined, an overhang is
atlowed to encroach into that setback by only one foot.
The situation at 5649 Fremont came about because the house was a manufactured home constructed off site and
because the permit was issued in two parts. The first part was for the foundation, the second part was for the
remainder of the building. When the Inspector became aware of the overhang encroachment at the time the plans
for the full permit were submitted, the plans were noted and a correction was expected. The overhang was to be
reduced by 4 inches. The house was delivered with a 16 inch overhang and the contractor was advised to cut 4
inches from the overhang.
A similar situation exists for the manufactured home being constructed at 5421 Fremont. That house was
detivered with an 18 inch ovefiang. The contractor was advised and is in the process of coITecting the
encroachment
Modifications to the allowed overhang encroachment can only be made through the variance process which
requires review and public hearing by the Planning Commission and approval by the City Council upon a finding
that all four of the standards for variance contained in the Zoning Ordinance are met. The City Council also has
the option to amend the Zoning Ordinance to allow for a new overhang encroachment if they believe it is
appropriate.
The State Building Code is less restrictive with respect to side yard setbacks than our Zoning Ordinance. The
Building Official and I would caution, however, that any new standard should not exceed the standards
established by the State Building Code or allow overhangs to extend beyond property lines.
1/30/2006
STANDARDS AND PROCEDURES FOR ZONIN'G ORDINANCE VARIANCES
CITY OF BROOKLYN CENTER
6301 SHIl�TGLE CREEK PARKWAY
Anyone conteaiplating a request for a variance from the Zoning Ordinan.ce should consult with the Planning staff, prior to
submitting an Application to the Eoazd of Adjustments and Appeals, for the purposes of fazniliarizatian with applicable
'ordinance standards and evaluation of the particular circumstances.
A praspective applicant will provide documents and information, as requested by the Secretary, to the Boazd of
Adjushnents and Appeals or to the City CounciL An application must be submitted fourteen (14) days prior to the
regulaz meeting of the Boazd.
In instances where the strict enforcement of the literal provisions of this zoning ordinance would cause undue hardship
because of circumstances unique and distinctive to an individual property under consideration, the City Council will have
the power to grant vaziances, in keeping with the spirit and intent of this ordinance. The provisions of this ordinance,
considered in conjunction with the unique and distinctive circumstances affecting the property, must be the proximate
cause of the hardship; circumstances caused by the property owner or his predecessor in title will not constitute sufficient
justification to grant a variance.
The Board of Adjushnents and Appeals may recommend and the City Council may grant variances from the literal
provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of
circumstances unique and distinctive to the individual property under consideration. However, the Boazd will not
recommend and the City Council will in no case permit as a variance any use tha.t is not permitted under this ordinance in
e Council after
'ance ma be ted b th Ci
e on s land is located. A van Y tY
the distnct where th affected pers Y 8�
demonstration by evidence that all of the following qualifications are met:
(A) Because of the particulaz physical surroundings, shape, or topographical conditions of the specific parcels of
land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if
the strict letter of the regulatians were to be carried out
(B) The conditions upon which the application for a variance is based are unique to the parcel of land for which
the variance is sought, and are not common, generally, to other properiy within the same zoning classification.
(C) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons
presently or formerly having an interest in the pazcel of land.
(D) The granting of the variance will not be detrimenta.l to the public welfaze or injurious to other land or
improvements in the neighborhood in which the parcel of land is located.
The Boazd of Adjustments and Appeals may recommend and the City Council may impose conditions and restrictions in
the granting of variances so as to insure compliance with the provisians of this ordinance and with the spirit and intent of
the Comprehensive Plan and to protect adjacent propeTties.
Copies of the Zoning Ordinance may be obtained from the Administrative Office.
Questions should be directed to the Community Development Departmen.t, at (763) 569-3330.
Standards and Procedures for Zoning Ordinance Variances
Revised 401
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Rating for fire exposure from both sides.
n using No openings permitted (except for foundation vents).
Projections beyond the exterior wall shall not extend more than 12 inches into azeas where openings
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MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
MARCH 2, 2006
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Willson at 7:03 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Graydon Boeck, and Sean Rahn, were present. Also present
were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and
Planning Commission Recording Secretary Rebecca Crass. Commissioner Tim Roche was
absent and excused. Commissioner Rachel Lund was absent and unexcused.
APPROVAL OF MINUTES FEBRUARY 16. 2006
There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to approve the
minutes of the February 16, 2006 meeting as submitted. The motion passed unanimously.
ELECTION OF 2006 CHAIR
There was a motion by Commissioner Boeck and seconded by Commissioner Rahn to table
election of Officers until a subsequent Planning Commission meeting so that the Commission
would be at full membership capacity with all members in attendance.
CHAIR' S EXPLANATION
Chair Willson 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. 2006-002 ADAM SWAN
Chair Willson introduced Application No. 2006-002, a request for Special Use Pemut approval
to conduct a home occupation in the gazage at 5821 Camden Avenue North. The property is
zoned R-1 and is surrounded by other single family homes. Home occupations that involve the
use of an accessory stnzcture on the property are considered special uses requiring the granting of
a special use pernut.
Mr. Warren presented the staff report describing the location of the property and the proposal.
(See Planning Commission Information Sheet dated 3-2-06 for Application No. 2006-002,
attached.)
3-2-06
Page 1
PUBLIC HEARING APPLICATION NO. 2006-002
There was a motion by Comrnissioner Rahn, seconded by Commissioner Boeck, to open the
public hearing on App lication No. 2 0 0 6- 0 0 2, at p.m. T he motion passe d unanimously.
Chair Willson called for comments from the public.
The applicant, Adam Swan, 5821 Camden Avenue North, introduced himself and acknowledged
that his neighborhood is quiet and he plans to continue to keep it that way by adding insulation to
his garage and operating his business in way so as not to disturb his neighbors. He stated that he
has a dust collection system in the garage and his operation creates very little dust or debris on
the outside. He added that he is willing to install a ventilation system if asked to by the City
CounciL
Mr. Warren requested the applicant to list the equipment that will be used for the business. Mr.
Swan responded that he plans to use a commercial series table saw which has a quiet motor, a
drill press, surface planer, compound mitre saw, biskit joiner, and other small power and hand
tools.
Mr. Warren asked the applicant if he currently operates any of this equipment in his garage. Mr.
Swan responded that due to damage to his garage from last year's storm, he has moved all
equipment to lus parents' home and it is being stored there until repairs aze made to his garage.
Commissioner Boeck inquired about the orientation of Mr. Swan's business. The applicant
responded that he will be operating a small residential business making thing such as tables and
picture frames.
Chair Willson asked about the handling of potential hazardous waste. Mr. Swan answered that
there is a state issued license that mandates what is required for disposing of such waste and he
maintains such a license and meets all requirements.
No other persons from the public appeared before the Commission during the public hearing on
Application No. 2006-002.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to close the
public hearing on Application No.2006-002, at 7:21 p.m. 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 APPLICATION NO. 2006-002 -ADAM
SWAN
There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to recommend
to the City Council that it approve Application No. 2006-002, submitted by Adam Swan for a
3-2-06
Page 2
Special Use Permit to conduct a woodworking home occupation in the garage at his residence,
5821 Camden Avenue North, subject to the following conditions:
1. The Special Use Pernut is granted for a woodworking home occupation involving
the use of an accessory structure on the property. Said home occupation will
involve woodworking, cabinetry and furniture making. This home occupation
may not be altered or expanded in any way not comprehended by this application
without first securing an amendment to the Special Use Permit.
2. The Special Use Permit is subject to applicable codes, ordinances and regulations.
Any violation, thereof, may be grounds for revocation.
3. All vehicle parking associated with the home occupation shall be off street on
improved space. Vehicle parking on the property shall be in compliance with
Section 19-103, Subdivision 12 of the City Ordinances regarding the size of
vehicles allowed.
4. The hours of operation shall be between 9 a.m. and 5 p.m. Monday through
Friday.
5. All materials and equipment associated with the home occupation shall be stored
indoors. There shall be no outside storage associated with this home occupation.
6. The applicant shall comply with recommendations of the Building Official with
respect to safety related matters regarding the location and operation of this home
occupation.
7. The a licant shall rovide a ro riate fire extin uishers in the area of the home
PP P PP P g
occupation per the recommendation of the Building Official.
8. The applicant shall maintain any licenses or permits required by other
governmental agencies and copies of such shall be kept on file with the City.
Voting in favor: Chair Willson, Commissioners, Boeck, and Rahn. The motion passed
unanimously.
The Council will consider the application at its March 13, 2006 meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that the application be returned to the Commission for reconsideration.
DISCUSSION ITEMS
A. Eave Encroachment into Sideyard Setback
B. Garage Heights
3-2-06
Page 3
I
Mr. Warren described to the Commission the history involved with the request from a resident
regarding an ordinance amendment relating to allowable encroachments into sideyard setbacks
requirements as required in Chapter 35 of the City Ordinances. There was further discussion
regarding the ordinance requirements and a general consensus to recommend amending Chapter
35 of the City Ordinances to allow eaves and overhangs to encroach into not more than 1/3 of
the minimum side yard setback.
The Commission next discussed the current height limitation af accessory structures as allowed
by Chapter 35 of City Ordinances. There was a general consensus by the Commission to
recommend to the City Council that Chapter 35 of the City Ordinances be amended to allow a
16 ft. height limitation for accessory structures and a requirement that an accessory structure
cannot be taller in height than the principal structure.
There was a motion by Commissioner Rahn, seconded by Commissioner Boeck to recommend to
the City Council a amendment to Chapter 35 of the City Ordinances regarding sideyard setbacks
and accessory structure height limitaions.
Voting in favor: Chair Willson, Commissioners, Boeck, and Rahn. The motion passed
unanimously.
OTHER BUSINESS
There was no other business.
ADJOLTRNMENT
There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
8:11 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
3-2-06
Page 4
City Council Agenda Itern No. l0a
MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning Sp cialist-
v
Subject: City Council Consideration Item Planning Commission Application No. 2006-
004
Date: May 1, 2006
On the May 8, 2006 City Council Agenda is Planning Commission Application No. 2006-004
submitted by Endeavour Project Development, LLC requesting Site and Building Plan approval
to construct a 3,600 sq. ft. multi-tenant retail building at the northwest corner of 69th Avenue
North and Brooklyn Boulevard (6901 Brooklyn Boulevard).
Attached for your review are copies of the Planning Commission Information Sheet for Planning
Commission Application No. 2006-004 and also an area map showing the location of the
property under consideration, various site and building plans for the proposed development, the
Planning Commission minutes relating to the Commission's consideration of this matter and
other supporting documents.
TYus matter was considered by the Planrung Commission at their April 27, 2006 meeting and was
recommended for approval.
It is recommended that the City Council, following consideration of this matter, approve the
application subject to the conditions recommended by the Planning Commission.
Application Filed on 4-13-06
City Council Action Should Be
Taken By 6-12-06 (60 Days)
Planning Commission Information Sheet
Application No. 2006-004
Applicant: Endeavor Project Development, LLC
Location: 6901 Brooklyn Boulevard
Request: Site and Building Plan Approval
The applicant, Daniel Walsh on behalf of Endeavor Project Development, LLC, is seeking site
and building plan approval to construct a 3,700 sq. ft. multi-tenant retail building at the
northwest corner of 69` Avenue North and Brooklyn Boulevard (6901 Brooklyn Boulevard).
The property in question is zoned C-2 (Commerce) and is a vacant parcel of land that is 25,414
sq. ft. (.58 acres) in area. It is bounded on the west by R-4 zoned property containing the
Northwest Residence residential facility; on the north and west by C-1 (Service/Office) zoned
property containing a legal non-conforming single family home; on the east by Brooklyn
Boulevard with the recently redeveloped Planned Unit Development commercial center on the
opposite side of the street; and on the south by G2 (Commerce) zoned property containing the
Post Office and a gasoline service station/convenience store on the opposite side of the street.
Multi-tenant retail buildings such as the one proposed are permitted uses in the C-2 zoning
district.
ACCESS/PARKIl�TG
Access to the 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 69 Avenue North. These are both proposed to be right in, right out only accesses
due to the existing medians in Brooklyn Boulevard and 69 Avenue North (both county roads).
The applicant proposes to modify the existing accesses by reducing them to 24 ft. in width and a
slight relocation of the southerly access onto 69 Avenue North. Modifications to accesses are
subject to approval by Hennepin County since each of these roads are county roads.
The proposed building will be located on the western portion of the property with parking
serving the building on the easterly and northerly portions of the site. The applicant has
indicated a desire to have a coffee shop located in the southerly portion of the building containing
a drive-up window. The drive-up lane servicing that window will be to the north and west of the
site and will be a one way drive in a counter clockwise manner around that portion of the
building. Two way driving lanes will serve the parking adjacent to Brooklyn Boulevard and on
the north end of the site. The pick up window will be to the back (west side) of the building with
the order board located in that drive lane also. A one way (west to east) drive, 16.5 ft. in width,
will run along the southerly portion of the building from the south access to the main portion of
the parking lot. Traffic control signs indicating the one way nature of this drive will have to be
4-27-06
Page 1
posted at the southerly end of the bui�ding. Again, access and stacking for the drive-up window
for the coffee shop at the south end of the building will be along the westerly side of the site.
The building is proposed to be 3,700 sq. ft. in area and the applicant has calculated parking on
the basis of the retail parking formula requiring 5.5 parking spaces per 1,000 sq: ft. of gross floor
area. No indication has been provided with respect to seating in the proposed coffee shop. The
zoning ordinance allows up to 15 percent of a multi-tenant retail building to be utilized in
restaurant space without adding additional parking based on seats and employees. Five hundred
fifty five sq. ft. of restaurant space can, therefore, be allowed without any additional parking.
The applicant should provide us with a seat count and the amount of square footage to be
devoted to the restaurant/coffee shop to calculate necessary parking. The plan shows 22 parking
spaces, which exceeds the parking requirement for a 3,700 sq. ft. retail building (20 parking
spaces). Clarification on these points is necessary in order to approve the parking plan for the
property.
Two angled parking spaces are provided on the north end of the site adjacent to the drive-up lane
servicing the pick-up window. This lane will be a minimum of 12 ft. in width and, as mentioned
previously, will be a one way drive. One handicap accessible parking space is provided at the
north end of the site.
GRADING/DRAINAGE/UTILITIES
The applicant has provided grading, drainage, utility and erosion control plans which are being
reviewed by the Director or Public Works/City Engineer, who will be providing written
comments for these proposals. Parking and driving areas on the site are required to be bound by
a minimum of B-612 curb and gutter. Sanitary sewer and water will be tied into mains within the
69 Avenue North right of way from the south end of the building. The site is a little over'/2
acre in area and no formal Watershed Commission review and approval is required. The site is
to be served by storm sewer with catch basins located at various points around the site, tied into
storm sewer in 69`" Avenue North.
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system used to
evaluate such plans. This .58 acre site requires a minimum of 801andscape points. Fifteen foot
een stri s alon the 69 and Brookl Boulevard street ri ht of wa lines are to be rovided
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and a minimum of 5 ft. green strips along the north and west property lines are also proposed. It
should be noted that various existing trees were planted within the Brooklyn Boulevard right of
way area and in a planting node at the southeast corner of this site consistent with the Streetscape
Amenity Study provided for Brooklyn Boulevard. The landscaping provided by the applicant
should compliment the already existing streetscaping that has been provided.
The applicant's proposal is to provide 801andscape points for this site. A total of four Swamp
White Oak trees, two Scotch Pine and one Black Hills Spruce, four Spring Snow Crab and 44
shrubs including Dwarf Burning Bush, Ivory Halo Dogwood, Endless Summer Hydrangea, and
2-13-06
Page 2
Teschney Arborvitae are proposed. The Oak are proposed for the 15 ft. green strip along
Brooklyn Boulevard while three of the four Spring Snow Crab will be along the 69 Avenue
green strip and the other located at the southeast corner of the property. The two Scotch Pines
are planned at the northwest corner of the site adjacent to the location of the drive thru lane. The
Black Hill Spruce will be located at the southeast corner of the building. The Teschney
Arborvitae are planned along the west side of the site adjacent to the residential facility and on
the north side of the site adjacent to the non-conforming single family home. Shrubs such as the
Ivory Halo Dogwood and the Endless Summer Hydrangea are interspersed along the Brooklyn
Boulevard and 69 Avenue green strips between the proposed overstory trees and decorative
trees. The plans note the requirement for underground imgation to be provided in all planting
and grass axeas.
The survey for the property shows the location of existing fencing along the west and north
property lines. The fence appears to meander across the property lines separating the property. It
was suggested to the applicant that they consider providing a 6 ft. high screen fence in this area to
provide screening from the commercial development to the abutting residential as was done with
a previous plan considered. It should be noted that there is no R-1 abutment with this property
requiring extraordinary buffers and screening. However, there are provisions in the city's zoning
ordinance requiring screening of parking areas from abutting residential property. We are
concerned with respect to the drive up lane around the west side of the building and its potential
impact on abutting residential property, both the single family to the west and the residential
facility also to the west. The Planning Commission should evaluate the proposal to assure that
appropriate screening is provided. The landscape proposal is to provide Teschney Arborvitae
along the north and a portion of the west property lines. This does not appear to be adequate
screening and we would suggest the possibility of a 6 ft. fence all along the west and north
property lines.
BUILDING
The applicant has submitted building elevations showing the proposed multi-tenant building.
The building exterior will be 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 comer of the
building with anodized storefront also proposed.
LIGHTING/TRASH
The applicant has submitted a lighting plan showing photometrics and the location of four 20 ft.
high light poles, one each at the north, west, south and east perimeters of the site. The foot
candles shown do not exceed the standards outlined within the city's ordinance with respect
lighting. It should be noted that the light fixtures should be a shielded box type fixture directing
light onto the site. No glare should emanate from, or be visible beyond the boundaries of the
property. Of particular concern is the foot candles along the westerly property line where the site
abuts with residential property.
2-13-06
Page 3
The plans show a trash enclosure at the southwest portion of the building. It will be a concrete
masonry unit to match the existing building. No dimensions have been provided. The structure
should be of sufficient height to screen the dumpsters that are expected to be located within it. It
should also have a solid opaque gate for screening purposes.
RECOMMENDATION
There are a few items that need to be addressed such as the number of seats and square footage to
be devoted to the coffee shop/restaurant space and appropriate screening for the site. If these
matters can be addressed, we would recommend approval of the application subject to at least the
following conditions:
1. The buildin lans are sub'ect to review and a roval b the buildin official with
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respect to applicable codes prior to the issuance of permits.
2. Grading, drainage, utility and erosion control plans are subject to review and approval by
the City Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits to
assure the completion of site improvements.
4. Any outside trash disposal facilities and roof top or on ground mechanical equipment
shall be appropriately screened from view.
5. An underground irrigation system shall be installed in all landscaped areas to facilitate
site maintenance.
6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City
Ordinances.
7. B612 curb and gutter shall be provided around all parking and driving areas as directed
by the City Engineer.
8. The applicant shall submit an as built survey of the property, improvements and utility
service lines prior to release of the performance guarantee.
9. The applicant shall provide appropriate erosion and sediment control devices shall be
provided on site during construction as approved by the City Engineering Deparhnent.
10. All work performed and materials used for construction of utilities shall conform to the
Ci of Brookl Center current s ecifications and details.
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I 2-13-06
Page 4
11. The building shall be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
with Chapter 5 of the City Ordinances.
12. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control
Agency and provide adequate erosion control as approved by the City Engineering
Department prior to disturbing the site.
13. The applicant shall provide an appropriate directional sign or signs, to prohibit west
bound traffic along the south portion of the building leading to the south access to the
site.
14. The applicant shall provide appropriate information for determining the minimum
required parking for this site based on a potential mixture of retail space and restaurant
space.
2-13-06
Page 5
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DE1TE: Apri124, 2006
TO: Ron Warren, Planning and Zoning Specialist
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Preliminary Site Plan Review
Planning Commission Applications 2006-004
Public Works Department staff reviewed the following preliminary documents submitted for
review under Planning Commission Application 2006-004 for the vacant parcel located at the
northwest corner of Brooklyn Boulevard and 69"' Avenue North.
Sheet A0.1 Site Plan, dated April 13, 2006
Sheet C2.0 Preliminary Site and Utility Plan, dated April 13, 2006
Sheet C3.0 Preliminary Grading and Erosion Control, dated April 13, 2006
Preliminary Site Plan Review
The applicant is proposing to develop Lot 2, Block 1, Cady Addition. The preliminary site plan
generally proposes the construction of a commercial type building with paved parking area and space
for a drive-through window. The following recommendations regarding the preliminary site plan are
provided for consideration.
1. The site currently has one driveway access onto southbound Brooklyn Boulevard (Hennepin
County State Aid Highway 152) and one driveway access to westbound 69` Avenue
(Hennepin County Road 130). Both driveway access points are currently limited to right-in
right out access due to the configuration of exiting center medians along adjacent roadways.
2. Representatives from Hennepin County Transportation Division have indicated that they may
require a reduction in the existing driveway access along Brooklyn Boulevard to a right-in
only access. This proposed change in driveway configuration would have a significant
impact on site accessibility.
3. The proposed internal drive lane located along the south side of the proposed building must
be expanded to a minimum of 24-feet wide to allow 2-way traffic flow if Hennepin County
chooses to take away the egress access along Brooklyn Boulevard. This will require a
reduction in the building footprint or reconfiguration of the site.
6301 Shingle Creek P¢rkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www. cityofbrooklyncenter.org
4. Parking space dimensions shall meet or exceed the minimum standards provided in City
Ordinance Section 35-702.
5. The applicant shall construction concrete curb and gutter along the perimeter of all
driveways, parking lots, parking spaces and paved driving surfaces. Curb and gutter shall be
constructed in accordance with the dimensions of Type B-618 or B-612 as per City design
standards.
6. All driveway entrances that are reconstructed as part of the proposed site improvements
shall include the installation of concrete aprons. Aprons shall be a minimum of 8-inches
thick and extend a minimum of 10-feet into the site as measured from the back of curb.
Concrete gutter shall be extended across the driveway curb opening.
7. All existing architectural streetscape items within the right-of-way that are disturbed as
part of the site development shall be replaced at the developer's expense in accordance
with City standards and specifications.
8. The applicant shall be responsible for coordinating site development plans with Xcel Energy,
CenterPoint Energy, Quest Communications and other utility companies.
Water Supply and Sanitary Sewer Service
Water service is available to the site from existing water main extending along Brooklyn
Boulevard and 69 Avenue North. Sanitary sewer service is available for the site from existing
sanitary sewer located along 69 Avenue North. The existing network of public sewer mains
and water mains can provide adequate service for the proposed land use.
1. The Utility Plan shall be revised to show the location of the existing 10-inch and 16-inch
diameter water mains located along 69 Avenue North.
2. Applicant shall verify the size and location of water and sanitary sewer services
extending into the site from 69` Avenue prior to submitting final site plans for approval.
Ap�licant may need to conduct a sewer televising inspection of the sanitary sewer along
69 Avenue to accurately verify the size and location of the existing sewer service stub.
3. Fire and domestic water service lines shall each have separate control valves to isolate the
individual service branches prior to entering the building.
4. The applicant should review the need for 8-inch diameter water main within the site to
determine if 6-inch diameter main would be sufficient.
5. Utility service extensions must meet City of Brooklyn Center design standards. The
location and method of connection to existing water and sanitary sewer services shall be
subject to approval by the Supervisor of Public Utilities.
6. The Utility Plan shall be revised to show the installation of a precast concrete manhole at the
connection point between the existing sanitary sewer and proposed sewer service. Tracer
wire and a tracer wire access box shall be installed along the proposed sanitary sewer service
in accordance with City standards and recent state mandates for locating service laterals.
7. The proposed site plan shall be subject to the approval of the City Fire Chief and
Building Official, including hydrant spacing requirements and any other requirements of
the Fire Department.
Storm Drainage
The preliminary grading and erosion control plan shows proposed storm sewer throughout the
site to collect and convey runoff into the storm sewer system within County Road 130. The
proposed development site has a total area of less than one acre. Runoff from the site would be
directed to the City's regional storm water management pond No. 40-001 located near West
Palmer Park.
1. Based on a review of historical aerial photographs, the proposed site development
appears to represent a net decrease in the amount of imperious surface that previously
existing within the subject property. The applicant shall revise the site data table
provided on Sheet C2.0 to have the total area of the proposed use coincide with the total
area of the most recent use. There appears to be a typographical error in the table.
2. The applicant shall provide storm water drainage calculations for pre-development and
post development conditions. Runoff rates for the proposed development shall not
exceed prior land use runoff rates for the 2-year, 10-year and 100-year critical storm
frequency event.
3. The applicant will need to obtain a permit from Hennepin County to complete the
proposed connection to the storm sewer system within County Road 130.
4. Temporary erosion control inlet protection measures shall be placed at new catch basins
located within the site until final pavement and turf restoration work is complete.
5. Erosion control silt fence shall be installed along the perimeter of the property until turf
restoration work is complete.
6. Erosion control measures shall be installed prior to starting site grading operations. The
owner will be responsible for the prompt removal of all dirt and mud tracked onto public
streets from the site during construction.
The above comments are provided based on the information submitted by the applicant at the
time of this review. Subsequent approval of the final site plans may require additional
modifications based on engineering requirements associated with final design of the water
supply, storm drainage, sanitary sewer, final grading and geometric design as established by the
City Engineer and other public officials having jurisdiction over approval of the final site plans.
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MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
APRIL 27, 2006
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Willson at 7:04 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Gary Ford, Michael Parks, and Tim Roche were present.
Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald
Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioners
Boeck, Lund, and Rahn were absent and excused.
ADMIlVISTER OATH OF OFFICE
Mr. Warren administered the Oath of Office to Gary Ford.
APPROVAL OF MINUTES APRIL 13. 2006
There was a motion by Commissioner Roche, seconded by Commissioner Parks, to approve the
minutes of the April 13, 2006 meeting as submitted. The motion passed. Commissioner Ford
abstained as he was not present at the meeting.
ELECTION OF 2006 CHAIR AND CHAIlZ PRO TEM
There was a consensus amang the Coinmission to table the election of Officers until a
subsequeizt Planning Cominission meetina so that the Commission would be at full membership
capacity with all members in attendance.
CHAIR' S EXPLANATION
Chair Willson 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. 2006-004 ENDEAVOR PROJECT DEVELOPMENT. LLC
Chair Willson introduced Application No. 2006-004, a request for site and building plan
approval to construct a 3,600 sq. ft. multi-tenant retail building at the northwest corner of 69
Avenue North and Brooklyn Boulevard (6901 Brooklyn Boulevard). The property is zoned C-2
(Commerce) and is a vacant parcel of land that is 25,414 sq. ft. (.58 acres) in area.
Mr. Warren presented the staff report describing the location of the property and the proposal.
(See Planning Commission Information Sheet dated 4-27-06 and the City Engineer/Public Works
Director's report dated 4-25-06, for Application No. 2006-004, attached.) He explained that
4-27-06
Page 1
there had been some minor modifications made to the plan and reviewed these matters with the
Commission.
The applicant, Mr. Ed Kileen, owner of Endeavor Project Development, LLC, introduced
himself to the Commission.
Chair Willson inquired about seating in the restaurant. Mr. Kileen explained that the proposed
tenant is Starbucks and the building has changed significantly from the original plan, which has
created an interior change resulting in about 16 or 18 seats. He added that Starbuck's is actually
considered a coffee shop and not a sit down restaurant. Mr. Warren clarified that parking
requirements are based on the numbers of seats and whether there is eating and/or drinking
taking place in an establishment.
Chair Willson asked who the other tenants would be in the building. Mr. Kileen explained that
he does not have confirmed tenants at this time for the other two proposed spaces and he
acknowledged that the parking requirements must be met. Mr. Warren explained that parking is
not a factor for the other tenants unless they are also restaurants since service type businesses do
not require the same number of parking spaces.
There was discussion among the Commission and the applicant regarding further clarification on
the trash enclosure.
Mr. Kileen asked about the process involved with obtaining drive-way permits along the county
road. Mr. Warren explained that those permits would be obtained through Hennepin County
Transportation. He also added that they are willing to provide a six foot high screen fence along
the west and north sides. Commissioner Roche suggested they look at the screening provided on
the east side of the development at the northeast corner of 69 and Brooklyn Boulevard.
Commissioner Parks asked about the landscaping proposed along the west end of the building.
Mr. Kileen responded they will be clearing most of the existing vegetation from the site and
replacing it with trees and shrubs. He added that this is necessary in order to install necessary
irrigation systems.
The Chair called for further discussion or questions from the Commissioners.
ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2006-004 ENDEAVOR
PROJECT DEVELOPMENT. LLC
There was a motion by Commissioner Roche, seconded by Commissioner Parks, to recornmend
to the City Council that it approve Application No. 2006-004 submitted by Endeavor Project
Development. LLC for Site and Building Plan approval subject to the following conditions:
1. The building plans are subject to review and approval by the building official with
respect to applicable codes prior to the issuance of pernuts.
4-27-06
Page 2
I
2. Grading, drainage, utility and erosion control plans are subject to review and approval
by the City Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits to
assure the completion of site improvements.
4. Any outside trash disposal facilities and roof top or on ground mechanical equipment
shall be appropriately screened from view.
5. An underground imgation system shall be installed in all landscaped areas to facilitate
site maintenance.
6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City
Ordinances.
7. B612 curb and gutter shall be provided around all parking and driving areas as directed
by the City Engineer.
8. The applicant shall submit an as built survey of the property, improvements and utility
service lines prior to release of the performance guarantee.
9. The applicant shall provide appropriate erasion and sediment control devices on site
during construction as approved by the City Engineering Department.
10. All work performed and materials used for construction of utilities shall conform to the
City of Brooklyn Center current specifications and details.
11. The building shall be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
with Chapter 5 of the City Ordinances.
12. The applicant shall obtain an NPDES pernut from the Minnesota Pollution Control
Agency and provide adequate erosion control as approved by the City Engineering
Department prior to disturbing the site.
13. The applicant shall provide an appropriate directional sign or signs, to prohibit west
bound traffic along the south portion of the building leading to the south access to the
site.
14. The applicant shall provide appropriate information for determining the minimum
required parking for this site based on a potential mixture of retail space and restaurant
space.
4-27-06
Page 3
15. Access to the site including any modifications along Brooklyn Boulevard and 69
Avenue North is subject to approval by Hennepin County Transportation Department and
obtaining of the appropriate permits
16. The applicant shall obtain the necessary permits from Hennepin County to complete the
proposed connection to the storm sewer system located at County Road 130 (69 Avenue
North).
17. The applicant shall provide a 6 ft. high opaque screen fence along the west and north
property lines.
Voting in favor: Chair Willson, Commissioners Ford, Parks, and Roche. The motion
passed unanimously.
The Council will consider the application at its May 8, 2006 meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that the application be returned to the Commission for reconsideration.
OTHER BUSINESS
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Roche, seconded by Commissioner Parks, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
8:07 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
4-27-06
Page 4
City Council Agenda Item No. lla
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: May 3, 20Q6
TO: Michael McCauley, City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos.
2006-05, 06, 07, and 08, Contract 2006-B, Humboldt Avenue and Earle Brown
Drive Street and Utility Improvements
Bids for the Humboldt Avenue and Earle Brown Drive Street and Utility Improvements
contract were received and opened on May 3, 2006. The bidding results are tabulated as follows:
Bidder Bid Amount as Submitted Corrected Total
Hardrives, Incorporated 1,628,909.76 $1,625,909.76
Park Construction Company 1,736,964.59
Of the two (2) bids received, the lowest bid of $1,625,909.76 was submitted by Hardrives,
Incorporated of Rogers, Minnesota. The engineer's estimate for the bid contract items was
$1,642,338.85. Hardrives, in conjunction with the designated subcontractors for the project,
have shown that they have the skills, equipment and capacity to qualify as the lowest responsible
bidder for the Humboldt Avenue and Earle Brown Drive Project.
Attached for considerations is a City Council resolution accepting the lowest bid and awarding
Improvement Project Nos. 2006-05, 06, 07 and 08, Contract 2006-B, Humboldt Avenue and
Earle Brown Drive Street Utility Improvements to Hardrives Incorporated in the amount of
$1,625,909.76.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (963) 569-3494
www. cityo fbrooklyncenter. org
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT,
IMPROVEMENT PROJECT NOS. 2006-05, 06, 07, AND 08, CONTRACT
2006-B, HUMBOLDT AVENUE AND EARLE BROWN DRIVE STREET
AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos.
2006-05, 06, 07, and 08, bids were received, opened, and tabulated by the City Clerk and
Engineer on the 3 day of May, 2006. Said bids were as follows:
Bidder Bid Amount Corrected Total
Hardrives, Incorporated 1,628,909.76 $1,625,909.76
Park Construction Company 1,736,964.59
WHEREAS, Hardrives Incorporated has designated the following subcontractors for
the project: Midwest Concrete (concrete work), Ray Jordan Coinpany (turf restoration),
United Rentals (traffic Control) and Arcon Construction (underground utilities); and
WHEREAS, it appears that Hardrives Incorporated is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of tl�e City of
Brooklyn Center, Minnesota, that:
1. The Mayor and City Manager are hereby authorized and directed to enter into
a contract with Hardrives Incorporated of Rogers, Mimlesota in the name of
the City of Brooklyn Center, for Improvement Project Nos. 2006-05, 06, 07,
and 08, according to the plans and specifications therefore approved by the
City Council and on file in the office of the City Engineer.
2. The estimated project costs and revenues are as follows:
COSTS Eneineer's Estimate As Amended Per Low Bid
Contract $1,642,338.85 $1,625,909.76
Contingency (10%) 143,400.00 143,400.00
Admin/Legal/Engr. 71,700.00 71.700.00
Total Estimated Project Cost $1,857,438.85 $1,841,009.76
RESOLUTION NO.
REVENUES En�ineer's Estimate As Amended Per Low Bid
Street Assessment 378,000.00 378,000.00
Water Utility Fund 283,519.60 310,449.25
Sanitary Sewer Utility 219,286.50 224,951.00
Storni Drainage Utility Fund 291,965.00 284,770.81
Street Construction Fund 215,167.75 205,338.70
Municipal State Aid Fund 469.500.00 437,500.00
Total Estimated Revenue $1,857,438.85 $1,841,009.76
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 Council Agenda Item No. llb
i
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: A ri128 2006
P
TO: Michael J. McCauley, City Manager
l S
1 e Director of Commu
ni Activities Recreation and Services
FROM: Jim G aso
tY
1�
SUBJECT: Picnic Shelter Exclusive Use Rental Fees
On several occasions in 2005, CARS staff took phone calls from persons wishing to reserve our
park picnic shelters. As many of these individuals were non-residents, staff asked about their
interest in our paxks. In many instances, the people were very honest and indicated that they were
reserving our shelters because they were offered at no charge, while similar facilities in their
communities were only available on a fee basis.
Armed with this information, I went to the Park Recreation Commission to seek their input.
While the Commission was somewhat hesitant to recommend fees for residents, noting that they
had already made an investment in the picnic shelters construction and on-going maintenance by
virtue of their property taxes. However, the Commission did finally come to a consensus that
residents could be charged a nominal fee for an exclusive use permit for the space, noting that
residents would still be able to use the space free of charge, if it had not been reserved. The
Commission had little hesitancy in recommending fees be charged to non-residents that did not
have a similar investment.
After due consideration, and after studying the current reservation rates of area communities, the
Park and Recreation Commission unanimously passed a motion at their April meeting
recommending the City Council consider implementing exclusive use rental fees for the city's
picnic shelters. Please note that these fees would only be charged if someone wanted an
exclusive use reservation (permit) for the space. Picnic shelters that are not "reserved" would
still be available to the general public on a first come first served basis at no charge.
The attached sheet includes information indicating the current reservation rates for picnic shelters
in surrounding communities, and the proposed rates for Brooklyn Center. As we are beginning
to get phone calls regarding reservation of the picnic shelters, staff would recommend the
immediate implementation of these exclusive use reservation fees.
As always, please let me know if you have any questions regarding the recommendation or would
like additional information.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www. cityo fbrooklyncenter. org
Surrounding Cities
2006 Picnic Shelter Rental Rates
Picnic Shelter Size Resident Nonresident
Small (up to 40 people) $25.00 Br. Park $60.00 Br. Park
$25.00 Crystal* $35.00 Crystal*
$15.00/hr New Hope $20.00/hr New Hope
$25.00 Fridley $50.00 Fridley
Medium (40-60 people) $50.00 Br. Park $90.00 Br. Park
$25.00 Crystal* $35.00 Crystal*
$15.00/hr New Hope $20.00/hr New Hope
$25.00 Fridley $50.00 Fridley
Large (80-130 people) $75.00 Br. Park $100.00 Br. Park
$45.00 Fridley $75.00 Fridley
Per five hour time slot 11:00 a.m. 4:00 p.m. and 5:00-10:00 p.m.
City of Brooklyn Center
Proposed 2006 Picnic Shelter Rates
Picnic Shelter Size Resident Nonresident
Small (up to 40 people) $15.00 $30.00
Medium (40-60 people) $30.00 $45.00
Large (80-130 people) $40.00 $55.00
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING RENTAL FEES FOR PARK SHELTERS
WHEREAS, the Park and Recreation Commission has studied the issue of
providing a fee structure for reserved use of City picnic shelters; and
WHEREAS, surrounding Cities impose picnic shelter rental fees; and
WHEREAS, it would be reasonable and proper for the City of Brooklyn Center to
charge a fee for the reserved, exclusive use of picnic shelters; and
WHEREAS, non-reserved first-come, first-serve use of picnic shelters would still
be allowed, subject to displacement by a person or group holding a prior reservation for the use
of the facility; and
WHEREAS, City staff time is used in connection with reserved use; and
WHEREAS, it would be reasonable to differentiate between residents and
nonresidents in providing reserved use of picnic shelters;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the City Manager be and hereby is authorized to establish and
approve rental fees for the exclusive use of picnic shelters and to provide differentiation in the
fees charged between residents and nonresidents.
Mav 8. 2006
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 �ouncil Agenda Item No. 11c
Brooklyn Center Deer Management Program
2006 Annual Report
Introduction
In response to ongoing and increasing citizen complaints regarding the nuisance created
by a growing deer presence in the city, a community meeting was held at the Community
Center on July 30 2003. Following this meeting the City Council directed the
establishment of a task force and development of a deer management plan.
On October 27 2003 the City Council approved the Deer Management Plan per the
taskforce recommendations. In accordance with the plan the City has conducted three
deer harvesting effort using bow hunters. Each hunt has taken place within the city limits
of Brooklyn Center in the Palmer Lake Basin Area or Kylawn Park
As required by the Plan this annual report is prepared to document the annual program
implementation progress.
Summary of January 2006 deer hunt
As part of the deer reduction effort in the City of Brooklyn Center the City Council
authorized an out of season special permit bow hunt over-bait during the month of
January 2006. The harvest was conducted on January 16 and 17�' at Kylawn Park and
January 23-25 in the Palmer Lake Basin.
Minnesota DNR provided the City with fifty removal tags for the harvest, the goal was to
remove as many deer as possible up to the ma�cimum of fifty allowed.
Following is the results of deer taken:
Dav 1 Januarv 16 Kvlawn Park
1-adult doe taken
Dav 2 Januarv 17 Kvlawn Park
1-adult doe taken
Dav 3 Januarv 23 Palmer Lake Basin
7-adult doe taken
3-doe fawn taken
Dav 4 Januarv 24 Palmer Lake Basin
1-adult doe taken
Dav 5 Januarv 25 Palmer Lake Basin
1-adult doe taken
Breakdown of the deer taken:
Adult Doe Eleven (11)
Doe Fawn Three (3)
Buck None
Total Fourteen (14)
Areas of Concerns:
2005 was the first attempt to remove deer from the Environmental Kylawn Preserve Park
Area. It proved to be more difficult than anticipated. The fundamental problem relates to
the geography of the area and the limited space available for stationing hunters within the
city limits of Brooklyn Center. It is the opinion of the bow hunt managers that the group
could be more effective with more hunters and if some could be stationed in the Crystal
part of the preserve. It was noted that many deer were observed but they were outside the
hunt limits established.
Su��estions:
If a future bow hunt is scheduled for the Kylawn Park area more hunters will be used and
efforts will be made to get permission to expand the hunt area into Crystal. It may be
possible to coordinate our efforts with Crystal Airport Management.
Comnlaints/nroblems:
There were no reported complaints or incidents
Estimated Cost to Implement January 2005 Hunt
CSO $377.27
Public Works $234.52
Postage $352.00
Aerial Survey $330.00
Total Direct Costs $1293.79
2
Monitoring Records
Table 1 Aerial Deer Survey
Brooklyn Center 1 Brooklyn Center 2 Bmoklyn Center 3
District West District Central District East Brooklyn Park CrystaUMAC Total
March 2002 4 65 9 38 Unknown 117
February 11 25 0 43 29 108
2004
February 22 37 22 NA NA 81
2005
March 2006 7 6 2 29 12 56
Reported Deer Accidents
2003 Nine accidents
2004 Nine accidents thru August
2005 Sia�teen accidents thru August
2006 Eleven accidents thru April
2006 Recommendations
Education
In 2003 the City posted the adopted deer management plan on the city Web Site. The Sun
Post and Channel 12 provided news coverage and background information regarding the
purpose and results of the first deer management bow hunt. The City published an article
in the winter 2005 City Watch explaining the Deer Mgt Plan and its goals.
It is recommended that the City continue its education strategy as outlined in the Deer
Management Plan and continue efforts to encourage neighboring city participation.
Monitoring
Monitoring of deer accidents and complaints should continue in 2005.
Feeding Ban
The City should continue enforcement of the feeding ban.
Population Control
As indicated in the Deer Mgt plan, the optimum number of deer for an urban area is
fifteen to twenty per square mile of habitat area. The Deer Mgt Plan sets a goal maximum
3
of twenty deer per square mile of habitat area. With 751 acres of habitat in Brooklyn
Center the maximum goal for Brooklyn Center is 21 deer.
As established in the table above, there were fifteen deer identified in the three Brooklyn
Center Districts on March 20, 2006. Because several of these deer were does with fetus,
the actual number is expected to be larger in the fall. It is equally important to note that
twenty-nine additional deer were identified on the Brooklyn Park side of the Palmer Lake
Basin and twelve in the Crystal Airport area. Because it is not reasonable to assume the
deer identified in Crystal and Brooklyn Park will not migrate into Brooklyn Center it is
recommended that the City Council authorize a forth deer harvest bow hunt in Brooklyn
Center during the fall of 2006. If the aerial survey in the Spring of 2007 shows a
continued decline in the population the Council may wish to postpone additional hunts
for at least a year.
Brooklyn Park
We will continue to encourage cooperation with Brooklyn Park for our reduction
program in the Palmer Lake Basin Area.
CrystaUMA
We will continue to encourage the Airport Commission to implement a deer reduction
strategy on Airport property in cooperation with the City of Crystal.
4
i
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING 2006 ANNUAL DEER MANAGEMENT
IMPLEMENTATION PLAN REPORT AND ADOPTING THE CITY
MANAGER RECOMMENDATIONS THEREIN
WHEREAS, the City Council adopted a deer management plan to create an
eaceful co-existence of citizens and
vir nmental alance that will facilitate the
acceptable en o b p
wildlife; and
WHEREAS, the plan requires an annual progress report each year regarding
implementation of the aiulual strategies; and
WHEREAS, the fourth season of plan implementation has been completed and a
determination has been made that the number of deer in Brooklyn Center continues to exceed the
recommended norm of fifteen to twenty deer per square mile of habitat area; and
WHEREAS, the excessive numbers of deer continue to represent a pubic nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center does hereby accept the 2006 Deer Management Implementation Plan report and
adopt the recommendations of the City Manger encompassed therein.
Mav 8, 2006
Date Mayar
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 thereo£
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No.11 d
I
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Kragness, Councilmembers C dy, Lasman, Niesen, and O'Connor
FROM: Michael J. McCauley, City Manager
DATE: May 4, 2006
SUBJECT: Appointment of Acting City Manager
The City Code provides that the City Manager may appoint an Acting City Manager in his or her
absence. However the City Code provides that in periods where the office of City Manager is
vacant, the City Council must appoint a properly qualified person to serve as Acting City Manager.
Mr. Boganey is willing to serve in that capacity. Mr. Boganey currently serves by my appointment as
Acting City Manager in my absence. As you are aware, Mr. Boganey has over 29 years experience
working for Cities in management positions. Mr. Boganey is also an International City County
Management Association credentialed manager.
It has been customary when persons have served in a temporary capacity to increase compensation to
reflect an acting status, such as an acting department or division head. In reviewing what might be a
fair compensation for Mr. Boganey to serve in this capacity, 95% of the current salary was seen as
reasonable. This would provide a differential of 9.7% above the compensation for the highest paid
department heads, the Chief of Police, Director of Fiscal Support Services, and Director of Public
Works/City Engineer.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (�63) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION APPOINTING CURT BOGANEY AS ACTING CITY
MANAGER
WHEREAS, Michael J. McCauley has resigned as City Manager effective at the
close of business on June 16, 2006; and
WHEREAS, Section 6-103.10 of the City Code provides that when the position of
City Manager is vacant the City Council must appoint a properly qualified person to serve as
Acting City Manager until the appointment of a new City Manager; and
WHEREAS, Curt Boganey currently serves as the Assistant City
Manager/Director of Operations; and
WHEREAS, Mr. Boganey has substantial City Management experience, training
and education; and
WHEREAS, Mr. Boganey is also a credentialed City Manager, as credentialed by
the International City County Management Association; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that Curt Boganey be and hereby is appointed to serve as Acting
City Manager effective 4:30 p.m. on June 16, 2006 until the effective date appointing a new City
Manager or further action of the City Council; and
BE IT FURTHER RESOLVED THAT Curt Boganey receive compensation at the
rate of 95% of outgoing City Manager's salary during such period of time during which he
serves as Acting City Manager.
Mav 8. 2006
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. lle
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O' Connar
From: Michael J. McCaule
City Manager
Date: May 4, 2006
Re: Executive Recruiter
U
I would recommend that the City Council interview public sector executive recruiting
ana er. An executive
'tion of Cit M g
osi
firms to conduct a search and process to fill the p Y
recruiting firm can
Advertise for the position and solicit candidates
Develop a profile of preferred candidate qualifications based on
o interviews with City Council members
o City staff
o An other individuals/groups as desired by the City Council
Y
'fied candidates
of uali
a lications to develo a pool q
Screen P
PP
Set up an interview process
Insure compliance with applicable data privacy laws
Report directly to the City Council as a group to facilitate City Council
actions
Conduct background and reference checks in confidence.
The services of a public sector executive recruiting firm would both facilitate the
e inte ri
of the rocess. It is not a comfortable or good
tion rocess and rotect th g ty P
selec p P
position to place City staff in to be involved in supporting the process of City Manager
selection. The staff has an appropriate role to play in providing input on desired
qualifications etc. and perhaps as one of several interview panels providing an evaluation.
It is important to have a process that is designed to give the City Council unbiased
information regarding the candidates and the ability to have all information flowing to the
City Council as a group. It also protects the City Council in avoiding any missteps in
handling non-public data, while providing a thorough investigation of credentials and
references.
The proposed resolution would direct the solicitation of proposals from
executive
recruiting firms, the selection of the top 2 or 3 firms for interviews with the City Council
on June 12` The interviews would allow the City Council to learn more about the
services, as well as the advantages and disadvantages of various approaches to
recruitment. Proceeding now to request proposals and conduct interviews of firms starts a
process that would expedite a replacement process. The Council could always decide not
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (�63) 569-3434
FAX (763) 569-3494
www. cityo fbrooklyncenter. org
to engage the services of an executive recruiting firm on June 12 but would at least
have the benefit of a thorough review of that option.
Starting now would create a rough timeline as follows:
May 8�' Authorize solicitation of proposals
June 12 City Council interviews of top 2-3 firms
Selection of firm
July l O Development of candidate qualification profile and advertisement
August 1 l�' Closing date for applications
Week of Sept. 14�' Interviews of 6— 8 finalists
End of Oct./ Nov. New City Manager begins work
Delaying the process pushes the timelines back. The timelines set forth above are
aggressive based on using a professional to undertake the process. A 4 to 5 month interim
period is workable, but does leave things up in the air. Going out beyond 5 months with a
delayed process or an indecisive process will militate against going forward with
projects.
Another alternative would be to wait until January and the new City Council. However
that would push the start date for a new City Manager to around May of 2007, 11 months
of an interim situation.
With the return of proposals the first week of June for the 57 and Logan property,
development of the 2007 budget, code enforcement, transition to Hennepin County
dispatch, golf course planning, Comprehensive Plan update for the Opportunity Site and
complete revision in 2007, as well as many other projects and general operations, the
selection of a City Manager should proceed as quickly as possible.
Page 2 OS/04/2006
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION DIRECTING SOLICITATION OF PUBLIC SECTOR
EXECUTIVE RECRUITING FIRM PROPOSALS
WHEREAS, the City Council must undertake a process to select and hire a new
City Manager; and
WHEREAS, the process of selecting and hiring a new City Manager involves
many legal, professional, and support functions that might be best served by the retention of an
executive recruiting firm; and
WHEREAS, the City Council wishes to receive proposals from public sector
executive recruiting firms to review the advantages and disadvantages of engaging the services
of a public sector executive recruiting firm to conduct a hiring process with the City Council; and
WHEREAS, the City Council wishes to proceed in an orderly and timely fashion
to fill the vacancy that will occur on June 16th.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that the City Manager be and hereby is directed to solicit proposals
from public sector executive recruiting firms to conduct a search for the position of City
Manager; and
BE IT FURTHER RESOLVED THAT the City Mana�er be directed to review
the proposals and schedule interviews for the City Council for June 11 to review the top two to
three proposals.
Mav 8, 2006
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.
Y
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
May 8, 2006
Immediately Following Regulaz City Council and EDA Mee�ings Starting at 7:00 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 Councit Chambers by the Secretary.
ACTI�E DISCUSSION ITEMS:
1. Discussion of materials for City Council candidates
2. Discussion of Requested senior housing on 60�' Brooklyn Blvd.
3. Council Member Carmody: direction to Housing Commission
C
IL D
IRE
CTION ON
P►NIINE
C
ITY COUN
PRELINIINARY I
TEMS
TO DETE
WHETHER TO PURSUE DISCUSSION/RESEARCH/ANALYSIS FUR FUTURE,
WORK SESSIONISI
l
4. Council Member Niesen: Palicy on outgoing Council Members
5. Miscellaneous
6. Adjourn
Pending List for Future Work Sessions
May 22" Council Member Lasman: Citizen petitions for stop signs
Council Member O' Connor: Removal of policies 2.60 2.61 on Housing Bonds
and Business Subsidy pages 254-258
Council Member Carmody: Revision of Policy 2.03 City Council �ommitment to
the Brooklyn Center Charter page 206 and several other policies
I
June 5�' (Budget Work Session VVith Financial Cornmission)
Council Member Niesen: Lighting for Lions park ball fields
Council Member Niesen: Post-Employment $enefits, employment benefits,
GASB 43 45, employee healthcaze, employee benefits as per cent of
overall salary and benefit variances between salary categories
June 12�` Discussion of 2007 Goal Setting Date and Process
July 10�' Council Member O'Connor: Review of CUS fence decision
NOTE: Council Member O'Connor requested a report on the status of avian flu pandernic
plarming. I am having Chief Boman make a report at the May 22 regular council
meeting. If there are further issues, the matter can be placed on a Work Session
agenda.
MEMOR.ANDUM
TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and O'Connor
FROM: Michael J. McCauley, City Manager
DATE: April 6, 2006
SUBJECT: 2006 Election
In the past, the City Council has had some discussion regarding materials to be sent to candidates for
City Council and Mayor. In the past, a Ietter has generally been sent to candidates autlining the City
Council meeting schedule, the availability of the agenda an the City's website `and in paper at the
Council Meeting, and availability of the complete Council packet during the day in Administration
and in the Council Chambers during meetings. Candidates would also be welcome to contact me if.
Practice has varied with respect to providing actual materials to Council candidates. We have not
provided council packets for the last several years. Assembling Council packets for a11 candidates
after the primary is a substantial undertaking that involves a great deal of time and slows down the
process.
Enclosed is a copy of the information and rnaterials that were assembled for Councilmember
O'Connor after she was elected.
The questions for Council discussion are:
1. What' information andlor materials does the City Council wanf to have provided to City
Council candidates between the close of filing and the primary election?
2. What materia.ls, if any, does the Ciry Council wished to have distributed to candidates for
City Council and 1Vlayor between the Primary Election and General Election?
3. Does the City Council want a complete packet prepazed for incoming
Councilmembers/Mayor after the election on November
`4. Are the materials and information set forth in the November 24, 2004 memorandum to then
Councilmember Elect Mary O' Connor adequa.te, or does the Council wish to add or subtract
materials from that list?
i
City of Brooklyn Cent�r
A Millennium Community
MEMORANDUM
TO: Councilmember Elect Mary O'Conn
�I FROM: Michael J. McCauley, City Mana.ger
I
DATE: November 24, 2004
SUBJECT': Information and Materials
f akin arran ements to rovide ou with a tour ofcity facilities and will be
in the ro
cess o m
Iam P Y
P
S
contacti.n ou to see what dates and times would be convenient for yau.
gY
The enclosed materials have been assembled for your information:
0 i Co
uncil Members
l. List of 24 5 C
2. City Council Meeting Schedule for 2045 (Draft)
3. 2005 City Council Goals
4. City Ordinance Setting Council Salaries
5. Ci Council Resolution on Invocation
n'
e an
6. Copies of Crty Council Updates (vv�thout attachmentsj {Please advise if there ar y
attachments described in the Upda.tes that you would like to receive.}
7. Brooklyn Center City Charter
8. City of $rooklyn Center Lapel Pin
9. Cornprehensive Annual Financial Report for 2003 (most current)
10. 2004 City Budget
11: City Councii Handbook (including City Advisory Cammission Rosters and Duties)
12.'Comprehensive Plan
13. Brooklyn Center Ordinance Book
A voice mailbox and an e-mail address will be established for you when your term of Office begins.
Information regarding the use of voicemail and e-mail can be found in your City Councii Handbook
beginning on page 12.
City Council agenda packets aze delivered to Council Members on Thursday evening. A City
Council Update is delivered on Friday evening, uriless included with an agenda;packet.
Business cazds are also provided for'City Council Members. Please advise:
card and on our Ci Council
a e n the business
How ou would like our name to ar o Y �3'
Y Y PP
6301 Shingde Creek Parkway Recreation and Community Center Phone &?'DD Number
Brooklyn Center, MN 55430-2199 (763), 569-3400
City Ha1l TDD Number (763) 5G9-3300 FAX`(763) 569-3434
569- 4 4
FAX 763 3 9
k
www.cat o roo Z ncenter.or
y
y tb g
II
namepiate for City Council meetings)
Whether you want to include your home address or telephone number on the busa,ness card
Whether you want an e-mail address in addition or instead. of the City e-mail address an your
business cazd
As mentianed in my November:l2�' memorandurn, The League of Minnesota. Cities will be
conducting its asinual conference for newly elected officials on January 28-29, 2005, in St. Louis
Park. An agenda for that conference is enclosed. If yau would like to attend the conference, please
advise and we will register you forthe conference. The cost of the conference is paid for by the City.
The conference is xepeated on February l 1�' 12�' in Mankato and Feb�iiary 25�' —26"' in Grand
Rapids if you were interested in attending, but unable"to attend when it is held in St.'Louis Park.
Enclosed is a dixect deposit form`for payroll.
c: Mayor Kragness and Council Members Carmody, Lasman, and Niesen
�'ity of Brooklyn Center
A Millennium Community
MEMOR.ANDUM
TO: Candidates for Mayor and City oun
FROM: Micha.el J. McCauley, City Mana.ge
DATE: July 1'1, 2002
SUBJECT: City Council Agendas and Meetings
Regulaz `City Council meetings aze held at 7:00 p.m. on the second and fourth Mondays of each
month in the Council Chambers. Theregular City Council meetings scheduled between now and the
General Election are July 22, August 12, August 26, September 9, September 23, October F4, and
October 28. Regular City Council meetings are preceded by a Study Session at 6:00 p.m. and an
Informal Open Forum at 6:45 p.m. In addition to the regular City Council meetings, you would also
be invited to attend Work Sessions on August 19 and October 7. The Work Sessions are held
beginning at 6:00 p.m. in the CounciUCommission Conference Room on the 1 floor. With
remodeling, locations for the Study Sessions and Informal Open Fonuns will be in Conference Room
A adj acent to the CounciT Chambers or in the CounciUCornmission Conference Room. The agenda
for regular City Council meetings is posted on the City's Website (www.citvofbrooklvncenter.org)
late Thursday afternoon. A paper copy of the City Council Agenda is also available at the City
Council meetings. A public copy of the complete City Council Agenda packet is available onFrida�
and Monday in the Administration Department at City Hall and in the Council Chambers during the
City Council meeting.
If you have any questions regarding the agenda, agenda items, or any other City matters, please feel
free to contact me.
c: Mayor and Council Members
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brookl n Center, MN 55430-2199 (763)" 569-3400
y
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
MEMO�DUM
TO: Brad Hoffman, Community Development Director
FROM: Ronald A. Warren, Planning and Zoning Sp ialist
DATE: April 26, 2006
SUBJECT: Southeast Corner'of 60�' and Brooklyn Boulevard
You have requested my comments regazding a potential multi-family residential development on
the vacant lot`located. at the southeast corner of 60�' Avenue North and Brooklyn Boulevard,
addressed as 5950 Brooklyn Boulevard.
The property is zoned C-1 {Service/Office) and at one time was the site of two non-eonforrning
single famil�y homes. The property has been zoned C-1 since at least 1968. The entixe block
between 60 and 59`� Avenues, and Brooklyn Boulevard and Beard Avenue, is zoned Gl and is
occupied by a bank and an office building. This is part of a larger Gl area to the north (Evans
Nordby Funeral Home) and to the south as well as the west side of Brooklyn Boulevard, south of
the Cross of G1ory Church. It is my understanding that this C-1 area was created in 1968 to
encourage service/office redevelopment in this area.
Within the last 8 to 10 years, the two homes that were located on the property were demolished
and in 2Q03 the owner of the property replatted them into the existing single lot. He also showed
a conceptual plan at that time for a one story office building of approximately 8,000 sq. ft. The
plat was finalized and filed with Hennepin County, however, no site and building plan was ever
submitted or approved for this site.
The City Council indicated at the time of the platting that the property could be used for office
development even though it was slightly short of one acre in area. The zoning ordinance
requires minimum lots of 150 ft.'of fronta.ge and one acre in area;for service%ffice development
on a major thoroughfare such as Brooklyn Boulevazd. No other land could be added to this
property and serviceloffice uses were considered appropriate, therefore, the City Council in
appm�ing thereplatting acknowledged the .8376 acres site as being a buildable lot for C-1 uses
and waived the one acre requirement for this type development.
Service/office use of this site has been the pref�rred use of the property and this has been
conveyed to parties inquiring about a potential use of the property. Such inquiries have incIuded
possible retail or multi-residential uses which are not allowed under the current zoning
designation. No formal proposal, however, has come before the Planning Comrnission and City
Council for formal review.
My understanding is you have been approached about the City's potential interest in a multi-
residential use of the property for a possible senior housing development.
Such a use would require a rezoning from the current C-1 designation to at least an R-5 (Multiple
Family Residence) zoning. The R-5 zoning district allows multiple family residential a�artment
buildings of 2'/2 to 3 stories in height at a density requiring 2700 sq. ft of land per dwelling unit.
Parking requirements are two spaces per dwelling unit, regardless of whether a building is a
senior proj ect or not. In some cases, a proof of parlang showing the ability ta provide parking on
the site at the two spaces per dwelling unit rate have been accepted. The site is not eligible for
Planned Unit Development considera.tion because it is less than one acre in area, which is the
minimuxn threshold for Planned Unit Developments.
A rezoning of this type as with any rezoni.ng, would require that the proposal be measured
against the city's Rezoning Evaluation Policy and Review Guidelines contained in Section 35-
208 of the zoni:ng ordinance. Attached for your review is a copy of this section of the ordinance.
It is the city's policy that all rezoning requests be consistent with the city's Comprehensive Plan
and not constitute "spot zoning" whieh is defined. as a zoning decision which discriminates in
favor of a particulaz land owner and does not relate to the Comprehensive Plan and/or accepted
Planning principles. Any rezoning proposal must be considered on its merits and measured
against the city's policy and the various review guidelines which have been established for
rezoning review.
The city's Comprehensive Plan with`respect to Brooklyn Boulevard and redevelapment along
that corridor, recommends grad.ually elimi.nating the remaini.ng and inappropriate single family
homes and replacing them with either commercial and service/office uses on sites that aze large
enough to provide for adequate circulation and good site design or high and medium density
residential uses. These statements refer primarily to properties that are currently zoned single
family residential and would be converted or redeveloped to some other use. The azeas currently
designated C-1 or C-2 would in all likelihood remain for that type of commercial development. I`
believe an argument could be made that a multi-residential use of property within the Brooklyn
Boulevard area could be considered. consistent with the guidelines established far redevelopment
in the city's Comprehensive Plan; however, such a use is not mandated by the Comprehensive
Plan. The guidelines esta.blished. in Section 35-208' and how a proposal meets those guidelines
would be significant in any such evalua.tion for a rezoning.
If the R-5 zoning were accomplished, this .8376 acre site would be allowed to have
approximately;l3 dwelling units. It's my understanding tha.t a larger number of units would be
necessary to make this site successful. From my perspective, service/office uses seem to be the
most appropriate uses for this land and a multi-residential use would seem inconsistent.
I hope this rnemo addresses your inquiry. If you care to discuss this fiuther, please let me know.
City of �oklyn Center
:Section 35-208 REZONPivTG EVALUATION POLICY AND REVIEW GUIDELINES:
1. Puruose
The City Council finds that effective maintenanee of the comprehensive planning and land nse
class�cations is enhanced through uniform and equitable evatuation of periodic praposed
changes to this Zoning Ordinance; and for thfis pnrpose, by the adoption of Resolution No. 7T-
167, the City Council has established a rezoning evaluation policy and review guidelines.
2. Policv
It is the policy of the City that: A) Zoning classifications must be consistent with the
ComprehensivePlan, and, B) Rezoning proposals will not constitute "spot zoning", defined
as a zoning decision, which discriminates in favor of a particular landowner and does not
relate to the Comprehensive Plan or to accepted planning principles.
3. Procedure
Each rezoning proposat will be coasidered on its merits, measured against the above policy
and against these;guidelines, which may be weighed collectively or individually as deemed by
the City.
4. Guidelines
A. Is there a clear and public need or benefit?
B. Is the proposed zoning consistent with and compatible with surrounding land use
classifications?
C. Can all permitted uses in the proposed zoning district be contemplated for development of
the subject property?
D. Have there been substantial' physical or zoning classification changes in the area since the
subject property was zoned?
E. In the case ofCity-initiated rezoning proposals, is there a broad public purpose evfdent?
F. Will the subject property bear fully the ordinance development restrictions for the
proposed zoning districts?
G. Is the subject property generally unsuited for uses permitted in the present zoning district,
with respect to size, configuration, topogr�phy ar location?
H. Will the rezoning result in the egpansion of a zoning district, warranted by: 1)
Comprehensive planning; 2) The laek of develogable land in the proposed zoning district;
or, 3) T6ebest interests of the community?
I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an
individual parcel?
City of Brooklyn �'enter
A �illenniurri Community
To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Cannor
From: Michael J. McCauley
City Manager
Date: May 4, 2006
Re: Housing Commission
During the April 24�' meeting, Council Member Cannody requested a discussion item for
the May 4th Work Session regarding clarification for the Housing Commission. This was
to provide direction that she could take back to the Housing Commission at their May
meeting.
630I Shingle Creek Parkw¢y Recreation and Community Center Phone TDD NumBer
Brooklyn Center, MN 55430-2199 (763) 569-3400
City HalZ TDD Number (963) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
age o
Michael McCauley
From: Patty Hartnrig
Sent: Thursday, March 23, 2006 10:23 AM
To: Michael McCauley
Subject: RE: Question: Councilmember email accounts
Ali technology accounts (network, e-mail, �aice mail, application access, etc.} are deleted at the end af the
employee's termination/separation date.
from: Michael McCauley
Sent: Thursday, March Z3, 2006 10:13 AM
To: Patty Hartwig
Subject: FW: Question: Councilmember email accounts
How have:we handled this in the past?
From:'Diane Niesen
'Sent: Wednesday, March 22, 2006 10:40`PM
To: Michaet McCauley
Subject: Question; Councilmember email accounts
To: Michael McCauley, city manager
Fr. Diane Niesen, counciimember
<Subj: Old CouncilmembecDis-orientation
I would like to discuss the following questions at an upcoming meeting, perhaps in ApriL
When a member of the Council is in their fast year of office, and either chooses not to run again, or ioses the
election, what happens, when, #or the disengagement.
.-1f1�at is policy on email account: how long accessible for finaf clean up
on phonemail account: to check for last messages
on returning any official items is there any�ing that needs to be retumed?
1 believe we should discuss and create a palicy related to outgoing members, similar to newly etectedrncoming
members. At least we can discuss and identify the issues, and worlc towards a seamless and well understood
transition process
5/4/2006