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HomeMy WebLinkAbout2005 07-25 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION July 25, 2005 6:00 P.M. City y Council Chambers 1. City Council Discussion of Agenda Items and Questions 2. June 27, 2005, Meeting Minutes 3. Discussion of Work Session Agenda Items as Time Permits 4. Miscellaneous 5. Adjourn i Memo July 23, 2005 Date: July 23, 2005 To: Mayor and Brooklyn Center City Council Members From: Diane Niesen Subj: City Manager Evaluation Process: Performance Review Form Other Action Items from February 2005 Council Workshop From our City Council Leadership Workshop held February 5, 2005, the Summary of Key Observations and Conclusions Made by the Participants included several action items for Council to be done by our next workshop. CITY MANAGER (CM) EVALUATION PROCESS (p4, item q "Councilmembers should review current CM Evaluation Form and submit their proposed modifications to the form for discussion at a scheduled work session." "City Council would approve changes in terms of: (1) format, (2) content, (3) rating scale." The following rating system/scale was proposed. 1 2 3 4 5 Did not Needs imrovement Met Exceeded Greatly exceeded achieve p expectations expectations expectations For discussion purposes, BC's current Job Evaluation and Job Description information for CM is presented below. CM EVALUATION FORM (outline) L Overall, has the CM worked to implement and facilitate adopted City Council (CC) goals? 2 -1. Has the CM provided the Council with background and other information to allow the Council to make informed decisions...? 2 -2. Has CM assisted CC in clarifying complex issues and understanding administrative, legal and procedural requirements? 3. Has CM provided administrative oversight and direction in the following municipal areas: 1. fiscal affairs? 2. operations? 3. projects? 4. enterprise operations? 4. Has the CM been effective in intergovernmental relations? (4 listed) 5. Overall (summary of Ql -Q4): (each item has a question/rating choice) 1. implement and facilitate annual council goals? 2. administrative support of Council? 3. discharge of administrative duties in fiscal affairs, operations, projects, and enterprises? 4. intergovernmental matters? 7/25/2005 1 BCCC CM eval rev05.doc Memo July 23, 2005 CM JOB DESCRIPTION (overview) Essential duties and responsibilities 1. Operations Controls /directs administration of City's affairs Ensures Charter/laws/policies /ordinances /resolutions are enforced Encourages /develops/locates alternate funding for City services and joint /co-op operations Assists staff with planning/coordination activities; follows -up to ensure effective service to public and municipal operating efficiencies Stays current with legislative issues, especially on local government 2. Economic Development Leads efforts Meets with developers Executive Director of HRA and EDA Overseer and coordinator of redevelopment project strategies Plans and helps update documents like: strategic plan, CEP, comprehensive plan 3. Personnel Directs the organization for effectiveness Directs executive staff: establishes goals and objectives, directs work, assigns and delegates Performs any disciplinary actions Authorizes staff hiring 4. Financial Responsible for effective management of City assets Responsible for effective management of financial assets Oversees preparation and presentation of annual budget Authorizes purchases /expenses Monitors financial position and analyzes trends for updated actions 5. Council Supports City Council (attends, presents, recommends, implements) Informs Council of significant matters/effectively presents matters needing action/approval Enforces ordinances/resolutions (ref. 1. Operations) and recommends changes Coordinates work with Commissions/Council and presents their recommendations Attends Council meetings and other public as needed 6. Communication Ensures public services are effectively provided (ref. 1. Operations) and public complaints /concerns are effectively handled Identifies appropriate service levels to meet customer needs Participates in community activities Stays current on public administration and organizational development field developments; cooperates with other government units /municipalities on matters of mutual interest Maintains effective relationships with community organizations/members, in positive manner Note item to correct: In the Job Description, with section Essential Knowledge, Skills, and Abilities, on p.3, within section titled: Technical Knowledge, it reads: "Ability to act as city manager when city manager is not available." 7/25/2005 2 BCCC CM eval rev05.doc Memo July 23, 2005 PROPOSAL Cover three categories of performance measures: (1) Job Description, (2) City Scorecard, (3) Values. Evaluation should reflect measures of Council and community wants and needs and effective performance. Use three sources of information: (1) self evaluation, (2) council evaluation, (3) feedback (34 randomly selected personnel). Match annual evaluation questions to job responsibilities and community desired measures of success. Use this iterative process to appropriate update CM Job Description. The International City /County Management Association (ICMA) provides tenets of professional management. Their practices, and information from the Leadership Training Institute, are the bases for these evaluation items. esc Job Dimension Job D Measurement Criteria Comments Presents policy /ordinance related information clearly, completely and accurately. Respects and supports the role of elected officials in 1. Policy/ Ordinance 1, 5, 6 making policy /ordinance decisions. Facilitation Ensures that policy /ordinance decisions and initiatives are implemented. Gives Council community feedback on policies/ ordinances that were received directly by City personnel Keeps current on citizen needs by using effective communication vehicles and processes. 2. Citizen Service 5 Ensures prompt, courteous and accurate responses to re- e quests from citizens either directly or through the Council. Ensures that necessary and appropriate city services are provided in a timely and effective manner.. Keeps current on the unique culture and demographics of Brooklyn Center. Demonstrates a commitment to democratic principles b 3. Democratic 1, 6 D P P Y Responsiveness (review Job respecting elected officials, community interest groups, and Description) the decision making process. Respects and promotes active citizen participation in local governance. Is knowledgable on the basic principles of service delivery in functional areas: public safety, community development, public works, finance, parks and recreation. Provides reasonable, effective and clear budget. Monitors key financial indicators to ensure financial performance is on track; reports discrepancies and recommends 4. Functional and appropriate financially responsible actions to Council. Operational 1,2,4 Sources of information or opinion cited in documents and Effectiveness presentations are current, complete, balanced and accurate. Manages allocation of financial resources to meet and match the changing needs and abilities of the citizenry. Anticipates fixture needs, organizes work operations accordingly and establishes timetables for projects. Yearly goals and objectives are planned and implemented effectively using city resources in the most efficient manner. 7/25/2005 3 BCCC CM eval rev05.doc Memo July 23, 2005 Job Dimension Job Desc Measurement Criteria Comments Xref Conveys information effectively and objectively to others; distinguishes effectively the presentation of fact or opinion. Facilitates the flow of ideas, information, and 5. Interpersonal 5,6 understanding between and among individuals. Skills Demonstrates the ability to work in harmony with others, minimizing conflict and fostering goodwill within the organization, with the public and other governmental representatives and external groups. Maintain professional and high quality staff that provides reports and services that are timely, complete, equitable and of consistently high quality. 6. Staff I Holds the organization accountable for results. Effectiveness 1, 2, 3 Stays current on level of staff morale (high, medium, low). Ensures that the policies and procedures for employee hiring, promotion, performance appraisal and discipline are legal, current and equitable. Demonstrates the capacity to inspire and motivate others to achieve their best and fulfill the objectives of the Council. Demonstrates commitment to make decisions, address and 7. Leadership 1, 2, 4 fulfill responsibilities. Anticipates and positions the organization to address and respond to anticipated events and circumstances. Accepts responsibility for undesirable results. Models and requires honest and ethical behavior; does not allow dishonest/unethical behaviors to go undisciplined. 8. Ethics and 3 Demonstrates integrity in professional relationships and Integrity (review Job personal actions. Abides by the ICMA Code of Ethics and Description) maintains good standing in the ICMA organization. Demonstrates and models the organizations' values, mission statement, goals and objectives. 9. Organizational Provides accurate assessment of the City's fiscal condition. Planning and 1, 2, 4 I Prepares clear, effective, understandable budget. 4 Management Effectively manages the allocation of financial resources. Demonstrates a capacity for effective written and verbal communication. Communicates information to the media in a way that in- creases public understanding of local government issues 10. 5,6 and activities. Communication Conveys information effectively and objectively to different audiences. Agendas are developed and communicated in a process allowing Council appropriate discussion and voting timeframes to effectively fulfill their elected duties. 7/25/2005 4 BCCC CM eval rev05.doc Memo July 23, 2005 esc D Job Dimension Job b Measurement Criteria Comments 11. City Scorecard I Listed below BC Scorecard Item Factual Measurement Criteria Comments 1. City operations a budget accuracy spending discipline timely, complete and accurate communication 2. City enterprise operations budget accuracy profitability level level of financial reward/risk to taxpayers 3. City service /ordinance level of clarity to the community, enforcement effectiveness equity and voluntary compliance community feedback (direct to city personnel or Council) 4. Property tax affordibility index taxpayer burden ranking on metro area average priced home 5. Crime rateltrends crime rates per capita and comparisons to other first -ring suburbs number of crimes successfully prosecuted and/or solved 6. C/I vacancy rates historical vs. current trend apply to existing structures and vacant city- owned land 7. Salary and benefits percentage of operating budget and total amounts affordable/reasonable for BC demographics comparisons to other government agencies 8. Pollution number of environmental and noise efforts to track and address/resolve 9. Lawsuits against City number of lawsuits filed against City number of lawsuits won, settled or lost costs incurred for legal fees and remedies (including staff time) 10. Communication effectiveness number of instances community members for community claimed they felt inappropriately informed on issues that impacted them innovation/ideas to monitor /improve List 1 -3 strengths of this individual as it relates to their position of CM for the City of Brooklyn Center. List 1 -3 items for improvement that this individual should achieve during the coming year. Process recommendation: Conduct a performance evaluation each year before December 31, and set salary each year for the following year on or before December 31 to allow the current Council to review and compensate the CM in accordance with the results of the performance review. 7/252005 5 BCCC CM eval rev05.doc Memo July 23, 2005 Other Action Items (p. 8): 1. Dialogue between CM and Council on mutual expectations and ways to effectively support each other in the achievement of responsibilities /duties. Suggestion: Each prepare/present 1 -3 items for initial discussion. 2. Identify issues Council should be tracking on continuous basis, and establish effective system/process to accomplish. Suggestion: Each identify categories of community management information (e.g., community service issues, ordinance changes, crime information, number /type of lawsuits, staff turnover, etc.) with suggestions for criteria to apply a criticality weighting (e.g., cost, community impact, community feedback, tax implication, public safety which matters most based on individual values, for initial discussion. New business for next Retreat to be discussed in conjunction with CM Annual Review 3. CM Job Description review and update 4. CM Employment Contract review and update 5. City salaries: philosophy and process approach with union and non -union employees 7/25/2005 6 BCCC CM eval rev05.doc City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and O'Connor FROM: Curt Boganey, Assistant City Manager, /Director of ?Ins DATE: July 18, 2005 SUBJECT: June 27, 2005, Meeting Minutes At the July 11, 2005, Study Session meeting, amendments to the June 27, 2005, Regular and Study /Work Session minutes were discussed and then approved at the Regular Session; however, with respect to the first three items below we are not certain if these were to be approved amendments or not. This item is placed on the Study Session agenda for Council discussion and direction for the following amendments: Proposed Amendments are highlighted. Page 10. Fourth Paraaranh. Addition on Regular Session Councilmember O'Connor inquired about the rents for commercial and town home properties. Mr. Farber responded they have not gotten to that paint yet in the process. Mr. McCauley discussed that the design standards for residential have to have the ability to deliver the goal that is set forth and that it becomes distinctive and an asset. That is going to be a difficult description in their task because if the standards do not deliver a product that has stability, staying power, a sufficient market value impact, and creates an enhancement to housing opportunities, then it is not beneficial and not worth doing. Councilmember O'Connor asked if the value would be fairly high. Mr. McCauley responded that if the City were looking at an owner occupied unit it would be between approximately $200,000 and $400,000. Page 11. Third Paragranh. Addition to Regular Session Planning and Zoning Specialist Ron Warren outlined what is being requested and explained the issue of why a Planned Unit Development (PUD) is being proposed for rezoning from CIA to PUD /CIA and development plan approval through the PUD process for a 250 room hotel and water park on a 6.2 acre site to be addressed 6300 Earle Brown Drive. Mr. Warren discussed that a memo was provided to indicate that there was a typo and that the building should have been indicated as a seven story building and that the report indicated a six story building in the Planning Commission Agenda packets. Councilmember O'Connor expressed concern about hearing that the building was six stories all along and no" being told that the building is seven stories. Mr. Warren responded that he believes that the plans reviewed had seven stories and that effect is insignificant from the standpoint of what the type of building could be located in the CIA underlying zone. He informed that the Planning Commission reviewed and recommended Planning Commission Application No. 2005 -010 at its June 16, 2005, meeting subject to the following considerations: 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 u;ww.cityofbrooklyricenter.org Studv Session /Work Session. Visit Minneanolis North Item Council discussed the Visit Minneapolis North survey received and whether or not the Council should respond as a Council or individually. Councilmember Carmody expressed she believes that the Council should respond. Councilmember Lasman informed that she had already responded and believes it is a good idea as long as Brooklyn Center's hospitality industry is enhanced and not negatively impacted. Councilmembers /Commissioners started this discussion at its Study Session and continued further discussing at this time. It was the consensus to have Council Members individually execute the survey. Councilmember Carmody discussed that she had sent an e-mail to the City Manager and asked that the following language be added: Since Mayor Kragness is on the board of Visit Minneapolis North and the remaining council members were in agreement as to the response, it was the consensus of the Council to have Mayor Kragness respond for them. The following items were clear and the highlighted language has been amended: Reaular Session. Paae 14. First Paraaranh Councilmember O'Connor questioned what will be done with all the water from the water park. Mr. Warren discussed that the utilities will have to be sized in order to fill and drain the water and he believes it would be drained through the public sanitary system. She inquired if the sanitary system will be able to hold all that water. Mr. Warren responded yes the sanitary sewer would be able to hold all the water and that calculations will have to be submitted to the City Engineer prior to tY g P the time of building permits. Regular Session, Paae 16. First Paraaranh Council discussed this matter and a letter that had been included with non verified signatures. Councilmember Niesen expressed that she would like the Council to respond to the watershed regarding the non verified signatures and inform them that they need to take measures to make sure this does not happen again. CITY COUNCIL MEETING City of Brooklyn Center July 25, 2005 AGENDA 1. Informal Open Forum With City Council 6:45 p.m. provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. 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. Approval of Minutes Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. June 27, 2005 Regular Session 2. June 27, 2005 Work Session 3. July 11, 2005 Study Session 4. July 11, 2005 Regular Session 5. July 11, 2005 Work Session b. Licenses i CITY COUNCIL AGENDA -2- July 25, 2005 C. Resolution Approving Change Order No. 3, Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2004 -01, 02, 03 and 04, Contract 2004 -A, Northport Area Neighborhood Street, Storm Drainage and Utility Improvements d. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2005 -07, Contract 2005 -13, 2005 Street Seal Coating e. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2005- 11, Contract 2005 -F, Freeway Boulevard Bridge Deck Rehabilitation, Bridge No. 27581 f. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees 8. Public Hearing Items a. An Ordinance Amending Chapter 19 of the City Ordinances Providing for the Regulation of Railroad Locomotive Horns in the City -Requested Council Action: Motion to open the Public Hearing. -Take public input. Motion to close the Public Hearing. Motion to adopt ordinance. b. An Ordinance Authorizing the Execution of a Quit Claim Deed for Certain Land in the City Requested Council Action: Motion to open the Public Hearing. -Take public input. Motion to close the Public Hearing. Motion to adopt ordinance. C. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (to be addressed 6300 Earle Brown Drive) Requested Council Action: Motion to open the Public Hearing. -Take public input. Motion to close the Public Hearing. Motion to adopt ordinance. CITY COUNCIL AGENDA -3- July 25, 2005 9. Council Consideration Items a. Resolution Expressing Recognition of and Appreciation for the Business and Community Organization Sponsors of Earle Brown Days -Requested Council Action: Motion to adopt resolution. b. Proclamation Declaring August 2, 2005, National Night Out in the City of Brooklyn Center Requested Council Action: Motion to adopt proclamation. C. Code Enforcement Update Requested Council Action: -None, update only. 10. Adjournment City Council Agenda Item No. 7a 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 JULY 11, 2005 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 6:04 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Acting City Manager Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember O'Connor requested the following amendments to the June 27, 2005, Regular Session minutes: Paize 10. Fourth Paragraph She would like the amounts discussed by the City Manager Michael McCauley included. Page 11. Third Paraeranh She would like the comment regarding the six and seven story building clarification discussed by Planning and Zoning Specialist Ron Warren included. Page 14, First Paragraph She would like the last sentence to read "Mr. Warren responded yes the sanitary sewer would be able to hold all the water and that calculations will have to be submitted to the City Engineer prior to the time of building permits Council discussed the requested changes and the fact that the minutes are not verbatim. Mayor Kragness expressed that if the Council would like to have changes made to the minutes, they need to be in writing. Councilmember O'Connor expressed that she believes she does not need to put her changes in writing and that she should be able to discuss her changes at the meeting. 07/11/05 -1- DRAFT Councilmember Carmody informed that she had submitted amendments for the June 27, 2005, meeting minutes to the City Manager and discussed them as follows: Studv Session, Pan 2, Visit Minneapolis North Item She would like to have language added that Mayor Kragness is on the board of Visit Minneapolis North. Acting City Manager Curt Boganey suggested that the language requested by Councilmember Carmody be added to the June 27, 2005, Work Session minutes since that is where the discussion ended. Reaular Session, Paae 16, First Paragraph She would like to have the word inappropriate changed. She informed that she was not comfortable with the word inappropriate and after discussing with the Council she would like the word amended to non verified. DISCUSSION OF WORK SESSION AGENDA ITEM AS TIME PERMITS PARKING RESTRICTIONS IN RESIDENTIAL AREAS SUGGESTED BY WILL DAHN Councilmember Lasman expressed that she believes parking issues are being reached in different ways throughout the City and she would like to consider some of the suggested ordinance amendments by Will Dahn. She believes that some of the suggestions have some merit and that the City needs to stay on top of code enforcement. Council discussed the possibility of sending the proposed ordinance suggestions to the Code Enforcement Officers and the Housing Commission for their feedback. Councilmember Carmody expressed that she does not believe this issue needs to be sent to the Housing Commission since they had previously discussed the issue; and that she would like to first see if code enforcement could be done on a more regular basis. Mayor Kragness suggested having the City Manager discuss this issue with the Police Chief. DISCUSSION OF INTEREST IN REQUEST FOR STEPFAMILY DAY PROCLAMATION Mayor Kragness informed that she had received a request for a proclamation declaring Stepfamily Day and questioned if the Council would be comfortable with putting this on an agenda. She expressed she believes this is something that is important and working well. Councilmember Carmody expressed that she believes the County deals more with Stepfamilies and that she would not care to adopt this proclamation; however, would not vote against. F 07/11/05 -2 DRA T Councilmember Lasman inquired if the proclamation could be amended to read Family (Stepfamily) Day. Mayor Kragness responded that she believes the proclamation would need to remain as written and informed that if the Council were not comfortable with adopting the proclamation she would do a Mayor's Proclamation. Councilmember Niesen expressed that she also would not care to adopt the proclamation; however, would not vote against. A motion by Councilmember Niesen, seconded by Councilmember Lasman to adjourn the Study Session at 6:45 p.m. to the Informal Open Forum. Motion passed unanimously. A motion by Councilmember Niesen, seconded by Councilmember Lasman to re -open the Study Session. Motion passed unanimously. Mayor Kragness informed that she would do a Mayor's Proclamation. DISCUSSION OF RESPONSE TO LANG NELSON REQUEST FOR RECONSIDERATION OF STREET RECONFIGURATION REQUEST Councilmember Carmody expressed her apologies for responding to Mr. Lang and informed that she had not received a response from Mr. Lang. Councilmember Niesen discussed that she was okay with the response that Councilmember Carmody sent to Mr. Lang and that she would like to continue being helpful with Mr. Lang. Mayor Kragness informed that she will be meeting with Mr. Lang on June 12 and will be expressing that she believes it would be good for him to work with the neighbors; and that this matter would be placed on a future Work Session. MISCELLANEOUS No miscellaneous items were discussed. ADJOURNMENT A motion by Councilmember Niesen, seconded by Councilmember Lasman to adjourn the Study Session at 6:54 p.m. Motion passed unanimously. City Clerk Mayor 07/11/05 -3 DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 11, 2005 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council met in Informal Open Forum 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 Acting City Manager Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. A motion by Councilmember Niesen, seconded b Councilmember Lasman to adjourn the Informal Y J Open Forum at 6:54 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Lasman offered 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 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Acting City Manager Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 07/11/05 -1- DRAFT 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that on July 8, 2005, she attended the Relay for Life which is an annual event in Brooklyn Center. She informed that the event was well attended and lots of money was collected for the cause of curing cancer. Also on July 8, 2005, she sold hotdogs for a fundraiser for the Garden City PTO. On July 9, 2005, she attended the Hmong Fashion and Talent Show at the Brooklyn Center Library. She informed that this was an event with wonderful costumes and the kids did a great job. Councilmember Niesen reported that she was contacted by a representative from the Southwest Neighborhood who lives in an area that has experienced two recent crime. incidents and was informed that they had asked the Police to come to a neighborhood meeting. She informed that she has a call into the Police to follow up on that meeting since she was not able to attend and will bring a report back to the Council. She expressed that she is happy to see the neighbors gathering and becoming aware of situations and that she would like to commend the neighbors for taking action to be ready should these types of incidents reoccur. Mayor Kragness reported that she attended the Hmong Talent and Fashion Show and that she thought the event was spectacular. She informed this was the second annual and that they plan to do this event again next year which she hopes more will attend. Councilmember Lasman informed that she attended the Southwest Neighborhood meeting and expressed that she thought the meeting was a good example of a section of town getting together as a neighborhood. Mayor Kragness reported that National Night Out will be on August 2, 2005, and that there will be a Kick Off Event on July 31, 2005, at City Hall from 2:00 p.m. to 6:00 p.m. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the revised agenda and consent agenda. Councilmember O'Connor questioned if the revised agenda would be with the revisions to the minutes. Mayor Kragness responded that the revised agenda would be with the revisions to the minutes (that were previously discussed at the Study Session). Councilmember O'Connor informed that she would like to remove Consent Items 7c, Approval of Site Performance Release for Crossings at Brookwood 6201 Lilac Drive North and Global Hennepin County Properties, LLC 2000 Freeway Boulevard, and 7d, Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees, and have them placed as Consideration Items 10g and l Oh. 07/11/05 -2- DRAFT Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the June 27, 2005, Study, Regular, and Work Session minutes (with revisions discussed at the Study Session). Motion passed unanimously. 7b. LICENSES There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses: AMUSEMENT DEVICES Brookdale Mall 1108 Brookdale Mall Denny's Restaurant 6405 James Circle North Scoreboard Pizza 6816 Humboldt Avenue North GARBAGE HAULER Anamax Transportation Corporation 505 Hardman Avenue, South St. Paul Midwest Grease P.O. Box 26, Redwood Falls Randy's Sanitation, Inc. P.O. Box 169, Delano Walters Recycling and Refuse P.O. Box 67, Circle Pines Waste Management Blaine 10050 Naples Street NE, Blaine MECHANICAL Action Heating and Air Conditioning 8140 Arthur Street, Spring Lake Park Airtemp Heating and Cooling P.O. Box 77, Lakeville Anderson Heating and Air 4347 Central Avenue NE, Columbia Heights St. Marie Sheet Metal, Inc. 7940 Spring Lake Park Road, Spring Lake Park RENTAL Renewal: 507 69`" Avenue N (Single Family) Outreach Six Acres, Inc. 5807 Drew Avenue N (Single Family) Drew Kabanuk 4216 Lakebreeze Avenue N (1 Bldg, 4 Units) Mark Lee Initial: 6115 Fremont Avenue N (Single Family) Eugene Jacqueline Sesonga 6325 Kyle Avenue N (Single Family) David Kirby 5540 Logan Avenue N (Single Family) Jeremy Post 7206 West River Road (Two Family, one side) Jason Ingbretson Motion passed unanimously. 07/11/05 -3- DRAFT 7c. APPROVAL OF SITE PERFORMANCE RELEASE FOR CROSSINGS AT BROOKWOOD 6201 LILAC DRIVE NORTH AND GLOBAL HENNEPIN COUNTY PROPERTIES, LLC 2000 FREEWAY BOULEVARD This item was removed and placed as Consideration Item l Og. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES This item was removed and placed as Consideration Item l Oh. 8. PRESENTATIONS 8a. BOB MUSIL, VISIT MINNEAPOLIS NORTH Bob Musil, Visit Minneapolis North, addressed the Council to invite them to an event they have coming up and to discuss Visit Minneapolis North's, which was formerly called the Minneapolis Metro North Convention and Visitors Bureau and the City, budget and deliver a report of organizational activities for the year. Mr. Musil reported that the first half of this year mainly consisted of the repositioning and renaming of their organization and provided a brief history of their organization. He informed they are nearing 20 years and that they have enjoyed their membership with the City. They have dropped 57 display ads in targeted trade publications, attended eleven travel trade and meeting trade shows, conducted three out of state sales missions, and hosted a familiarization tour for nearly 80 high qualified profile meeting and conference planners. Their organization also published an official visitors guide area map and are currently working on the North Metro Area's first comprehensive sports facility guide. As of today their tracking suggests that Visit Minneapolis North has generated a combined 23,000 in sales inquires from consumers, and meeting conference, convention, and event planners. Mr. Musil informed that he will be forwarding a copy of a CD that demonstrates how they are creatively expressing their new name and logo and a variety of advertising messages; and would like to distribute an invitation to an official launch of their new name. 8b. SUSAN BLOOD, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Susan Blood, Northwest Hennepin Human Services Council, addressed the Council to update on what the Northwest Hennepin Human Services Council has been doing in the City this past year and provide a brief history of their Council. She informed that it is important for them to coordinate the networks of service providers which actually have more effective partnerships because they are not directly competing with them. She discussed that one of the things they are working in Brooklyn Center is the Joint Community Police Partnership Program and informed that they had started Head Start, the Crisis Nursery in Golden Valley, and a number of the programs that started here spin off so that the community itself establishes and guides to support those for the region. 07/11/05 -4- DRAFT Ms. Blood discussed one of the initiatives that they have through Hennepin County has been to do a region -wide human services assessment and this year they are looking at also mapping investments and allocations from Hennepin County to look at where the dollars are directed and where services are delivered. Ms. Blood discussed they have done quite a bit of traffic safety research and statistics through their safe community coalition and that they have a fatality review committee with a traffic engineer. Ms. Blood discussed they have a public safety campaign and work with North Memorial Hospital. This past spring they held a traffic safety event in conjunction with the Earle Brown Elementary School and distributed approximately 100 car seats. Ms. Blood informed that they plan to be a part of National Night Out this year and now that they have moved into Brooklyn Center they are getting involved with Brooklyn Center Business Association. Ms. Blood informed that they are planning in the future to develop a regional block nurse concept and that they have been working with the senior service providers and senior leadership committee. Ms. Blood wished to mention that the City's contribution is essential and important to them. Their budget for 2005 is now approximately $1 Million and from all of the cities that are apart of the j oint powers agreement they receive $80,000 total. That $80,000 leverages all of the rest of the money to bring services to the communities in this area. She informed that she will be sending a letter asking for continued support at the same level of 2002. They realize that cities are having a serious issue with Local Government Aid and budget cuts; however, they have not raised their request since 2002. Councilmember O'Connor asked for clarification regarding the starting of Head Start. Ms. Blood responded that it was a while ago through Success by Six and others, but their agency was the one that brought Head Start to this area. Councilmember O'Connor inquired if that was a Federal Program. Ms. Blood responded yes it is a Federal Program. 9. PUBLIC HEARING ITEMS 9a. PUBLIC HEARINGS ON IMPROVEMENT PROJECT NO. 2005 -05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 1. RESOLUTION ORDERING IMPROVEMENTS FOR IMPROVEMENT PROJECT NO. 2005-05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 07/11/05 -5- DRAFT 2. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2005-05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Acting City Manager Curt Boganey discussed that there are two related items for public hearings for the Twin Lake Avenue Neighborhood Street, Strom Drainage, and Utility Improvements. The first public hearing is regarding the ordering improvements for the project and the second public hearing is regarding the certification of special assessments for the project. Director of Public Works /City Engineer Todd Blomstrom outlined the project limits, challenges, geotechnical profile, proposed actions, preliminary cost estimates, and the preliminary project schedule. If the Council approves the ordering of improvements for the project, the bid opening is scheduled for August 3, 2005, and it is proposed to have construction start on August 22, 2005, with a substantial completion date of October 31, 2005. Mr. Blomstrom informed that he would like to discuss how the special assessments were calculated. The rates are fixed for Rl zoned single family homes and when getting into the R2 and R3 zoned multi family structures there is a formula set for calculating those assessments. That formula for 2002 rates come out to be $32 a linear foot for front footage on property for streets and $10.53 for storm. There is one R4 zoned multi family property on this project and assessments are proposed. In the Special Assessment Policy, it is not prescriptive on how those special assessments are calculated on R4 through R7 zoned properties. He informed that he reviewed the materials from 2002 and the special assessments were originally calculated before this street was pulled off. They had used a rate of $.29 a square foot for street improvements and $.14 per square foot for storm. That calculation was applied to the R4 property to the east along Lakebreeze Avenue. He informed that he believes there is someone present to discuss the property at 4210 Lakebreeze Avenue and that they have some concerns about the square footage. Councilmember O'Connor questioned if the total project is around $900 and some thousand. Mr, Blomstrom responded yes. She questioned why the resolution mentions $52,346.31. Mr. Blomstrom discussed that it says that amount because as they looked at the funding sources the $52,346.31 is a combination of the street assessment and storm drainage assessment. The City levies these assessments on a ten year basis and if people do not wish to pay them up front, there is a pay back period on these assessments at five and a half percent. The City needs the cash to construct the project this year and there has to be a source to get that money and then finance it over the ten year period. 07/11/05 -6- DRAFT Councilmember O'Connor inquired if bonds are required or if there are local sources within the City's budget to get this money. Mr. Blomstrom discussed that typically bonds are required and that they are at a rate where the homeowner pays back over the ten year period, then paid to the City, and then the City pays the bond off. She questioned if the Council approves this resolution would it approve the total project for $900,000. Mr. Blomstrom responded yes and cautioned that this would be approving to move forward with the project. The next step will be going out for bids and then he would bring back the bids and the actual cost of what the project would be at that time. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2005 -104 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS FOR IMPROVEMENT PROJECT NO. 2005-05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. Doug Schultz, 4759 Twin Lake Avenue, addressed the Council to express that he believes that Mr. Blomstrom has done a fine job on explaining the project and why residents had this three year delay and that he would like to have the soil borings discussed. Mr. Blomstrom discussed that he can only speak with what is on paper and what he has been told since because he was not with the City in 2001 and 2002. There are soil borings in the files which show a low water table. Someone back in 2001 used those soil borings to make a decision and thought they would be able to get the water main installed without dewatering which was not correct. This is an unfortunate case and a major inconvenience for the residents in the area; however, there is no way to prove those soil borings were wrong. Mr. Blomstrom informed that the scope of this project has not significantly increased and the sub cutting, placement of lightweight aggregates, drilling of the water main, drilling of the water services, is nothing new. That was proposed as part of the original project. 07/11/05 -7- DRAFT Councilmember Niesen expressed that she believes things are going forward with the changes in the Public Works Department and that she hopes things will only continue to improve. Mr. Schultz readdressed the Council to inform that he believes a big concern was with the communication during the two year period and the fact that they were not aware of what was going to be happening with the project. Bobbie Simons addressed the Council and informed that she lives in Brooklyn Park; however, owns the property at 4210 Lakebreeze Avenue North. She distributed and discussed a letter informing the Council that she is objecting to the proposed special assessments for the property at 4210 Lakebreeze Avenue North. She informed that she had a copy of the parking agreement easement that was described during her discussion of the letter. Mr. Blomstrom discussed that the proposed assessments are the same that they were for 2002 and that the formula is a square footage basis of the property. He informed that he has not had a chance to see if there had been any exceptions for other R4 properties and cannot speak to the fact if there has ever been any exceptions. Councilmember Carmody questioned Ms. Simons why she keeps the easement. Ms. Simons discussed that it was part of the purchase agreement. City Attorney Charlie LeFevere asked if a copy of the parking agreement easement could be provided and discussed that it is not unlikely that the property is subject to a parking easement for the benefit of the neighbor. He suggested that if the Council would like to adopt the proposed assessments they could do so and recommended pulling Ms. Simons assessment from the roll to be certified at this time. This would allow time for the parking agreement easement to be reviewed and Ms. Simons' assessment could be brought back to the Council at the next meeting or first meeting in August. The Statute is set up for a procedure to take care of these kinds of objections when they are raised by pulling them off the assessment roll allowing for an individualized review of the property. Councilmember O'Connor asked if it is possible that one of the properties that are going to be assessed should pay more because they are using the property for parking spots and if this is approved tonight can it be changed in the future to pay part of Ms. Simons' assessment. Mr. Blomstrom informed that was part of a discussion earlier; however, this is the only R4 zoned property with assessments proposed. Councilmember Niesen asked if a situation like this has ever been encountered. Mr. Blomstrom responded that it is not an unusual situation and Mr. LeFevere added that almost all properties are subject to easements. Those easements limit what can be done with the property. The process of levying special assessments of this kind almost always involves the application of a formula and that formula is intended to approximate the special benefit that is the increase of fair market value that results in the construction of improvement. 07/11/05 -8- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Carmod Y to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2005 -105 Councilmember Lasman introduced the following resolution and moved its adoption with the removal of 4210 Lakebreeze Avenue North and to continue the public hearing on this property to the August 8, 2005, meeting: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2005 -05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9b. CONSIDERATION OF THE CITY'S WELL HEAD PROTECTION PLAN Mr. Boganey discussed that the City is required to implement a Well Head Protection Plan and this is a requirement of the State and Federal Safe Drinking Act. This evening a public hearing will be held to receive comments regarding the proposed Well Head Protection Plan and following the public hearing, the plan itself will be revised or reviewed. The actual plan would then come back to the Council at a future meeting for consideration and adoption. Mr. Blomstrom outlined a PowerPoint Presentation discussing the City's Well Head Protection Plan background, phases one and two, capture zones, protection area, objectives and actions, public education, well management and inventory, storage tanks, and storm water management. A motion by Councilmember Lasman, seconded by Councilmember Niesen to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Niesen to close the Public Hearing. Motion passed unanimously. Councilmember Carmody asked if the plan has to be coordinated with Brooklyn Park since they are part of the area included in the plan. Mr. Blomstrom responded yes that would be correct and staff has forwarded copies of the plan to Brooklyn Park and Maple Grove for their review. 07/11/05 -9- DRAFT Councilmember O'Connor asked if there was water coming in from the Mississippi River that is getting into the City's wells. Mr. Blomstrom responded yes there is eventually and that the area is branched out much farther to the west and that is because the direction of ground water flow is from west to east. The pumping rate at the City's wells and how they are arranged actually does draw some water from underneath the Mississippi River. She inquired what kind of soil is in the area. Mr. Blomstrom discussed that Brooklyn Center does have susceptible soils and it is not that there is contamination in there; it is the fact that the City has very sandy soils in this portion of the metro area and water percolates quickly. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE EARLE BROWN DAYS COMMITTEE Councilmember Carmody read the resolution expressing recognition of and appreciation for the dedicated public service of the Earle Brown Days Committee. She informed that this year T.G.I. Friday's joined in with the car show and helped with donating a lot of gift certificates. Brookdale Mall stepped forward and helped out with the Ice Cream Social. Others that helped out this year were Bremer Bank, the Lions Club, and the Fire Relief Association. Mayor Kragness expressed that she would like to have a resolution expressing appreciation to those companies /organizations that have stepped forward for Council approval at the next meeting. She asked Councilmember Carmody to get a list to the Deputy City Clerk. RESOLUTION NO. 2005 -106 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE EARLE BROWN DAYS COMMITTEE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10b. PROCLAMATION DECLARING JULY 10-16,2005, TO BE COMMUNITY ACTIVITIES, RECREATION, AND SERVICES WEEK Mayor Kragness read the Proclamation Declaring July 10 -16, 2005, to be Community Activities, Recreation, and Services Week. A motion by Councilmember Lasman, seconded by Councilmember Carmody to adopt the Proclamation Declaring July 10 -16, 2005, to be Community Activities, Recreation, and Services Week. Councilmember O'Connor voted against the same. Motion passed. 07/11/05 -10- DRAFT loc. PROCLAMATION DECLARING JULY 24 THROUGH 30, 2005, TO BE LIBERIAN INDEPENDENCE WEEK Mayor Kragness read the Proclamation Declaring July 24 Through 30, 2005, to be Liberian Independence Week. A motion by Councilmember Carmody, seconded by Councilmember Niesen to adopt the Proclamation Declaring July 24 Through 30, 2005, to be Liberian Independence Week. Councilmember O'Connor questioned if the City knows what independence this is that they are celebrating. Mayor Kragness responded that this would be Liberia itself. Councilmember O'Connor expressed that she hopes all people treat Liberians fairly and equally as residents of Brooklyn Center. Motion passed unanimously. 10d. RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER Mr. Boganey discussed that the City Manager's salary has not been adjusted during the current year. The Legislature recently adopted a modification to the current Statute that allows for an increase in the maximum salary that a municipal employee may earn. This resolution would authorize an amendment to the City Manager's Contract for a salary increase in an amount that is essentially equal to the three percent increase that had been previously approved by all of the City employees. This would be an adjustment that would take effect in 2005 and includes an increase in 2006. Councilmember Niesen expressed concern about some of the information that was received from the Work Session (materials dated June 20, 2005). She had requested more current information and that information was provided dated July 6, 2005. She informed that she made some calls and she believes that some of the information that the Council is looking at is not presented in a clear manner and not all correct. She asked that this item be tabled until Mr. McCauley is present to discuss this issue. Mayor Kragness noted she believes the materials that were provided by Mr. McCauley came from the League of Minnesota Cities Salary Program that is available to the different cities. Councilmember Niesen expressed that there is a lot she would like to discuss in general regarding this issue and believes that the way this is presented presents a picture that is not exactly correct from the phone calls that she made to other cities. She would like to be able to go over the numbers with Mr. McCauley and in general talk about the salary issue. She is not comfortable with approving a large increase in salary without participation from Mr. McCauley. Councilmember Niesen made a motion to table this resolution, seconded by Councilmember O'Connor. 07/11/05 11 DRAFT Council and Mr. Boganey discussed the July 6, 2005, memorandum that was provided and in question by Councilmember Niesen. Councilmember Niesen expressed she feels that Mr. McCauley should be present to discuss the numbers that had been prepared and that she would like to table this resolution. Mayor Kragness and Councilmembers Carmody and Lasman voted against the same. Motion failed. Councilmember Carmody discussed that she would have been in favor of tabling this resolution if she thought there was more problems than deferred compensation. She believes the numbers are accurate enough and is not a factor in determining Mr. McCauley's salary. RESOLUTION NO. 2005 -107 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Councilmember O'Connor inquired about the language included in the fourth paragraph of the resolution with regards to non -union employees and questioned if that meant just non -union employees that got this three percent raise. Mayor Kragness responded that she believes that each of the unions were a bit different. Mr. Boganey discussed that the three percent in each of the two years was the amount that went to non -union employees. The increases that went to unionized employees was similar if not equal amount. Councilmember O'Connor inquired about the monthly car allowance discussed in the addendum to the contract. Mr. Boganey discussed that it is State Law that governs the maximum salary that the Council may pay to an employee and the Council elected to discontinue the monthly car allowance effective July 1, 2004, with reimbursements to be made at a rate consistent with Internal Revenue Service Regulations. Councilmember Niesen discussed that this is an important issue to her and she still has some concerns with the memorandum from June 20, 2005. If the Council would like to move this resolution this evening she would like to continue discussions regarding her concerns about the salary cap. She outlined the salary cap information and expressed her disappointment with the statement about the deferment of salary. Mayor Kragness discussed that she believes that holding off on the salary was pertinent at that time because it would have made a big difference in compensation. 07/11/05 -12- DRAFT Councilmember Niesen expressed that she believes there was no good purpose served by deferring discussion of Mr. McCauley's salary. From this point on she plans to request that once the City Manager's review is done, the meeting following that review, the Council should work on the salary issue. She does not believe she was told nor does she recall it being in the minutes that the Council was going to wait to discuss his salary until the Council found out it could pay him more. Councilmember O'Connor made a motion to amend the salary to one percent, $113,833 for 2005, and $114,971 for 2006, seconded by Councilmember Niesen. Mayor Kragness and Councilmembers Carmody and Lasman voted against the same. Motion failed. Councilmember Niesen made a motion to amend the salary to $114,288 for the 2005 and in 2006 increase the salary to $116,000. She would like to do this based on the fact that there are cities in the survey that are $110,000 $105,000 $107,000 and $111,000 and the proposed salary for Mr. McCauley is going to be in the tap bracket. Motion seconded by Councilmember O'Connor. Mayor Kragness and Councilmembers Carmody and Lasman voted against the same. Motion failed. Councilmembers Niesen and O'Connor voted against the original motion which was to adopt the resolution. Motion passed. Councilmember O'Connor asked that the typo in the addendum to the City Manager's contract be amended to August 1, 2005, on number one, third paragraph. 10e. RESOLUTION PROVIDING FOR THE TRANSFER OF PROPERTY TO OTHER UNITS OF GOVERNMENT AND DISPOSAL OF PROPERTY HAVING NO MARKET VALUE Mr. Boganey discussed that this resolution would authorize the City Manager to dispose of certain surplus and unneeded property because it is no longer of value to the City of Brooklyn Center. This combines previously adopted resolutions that had been adopted by the City Council that again authorizes the City to dispose of this particular type of equipment. Councilmember O'Connor inquired who any party willing to receive the property would be with regards to the language on page two of the resolution. Mayor Kragness responded that Project P.E.A.C.E. and the Minnesota Computers for School Refurbishing Program are some of the parties. Mr. Boganey added that Project P.E.A.C.E. has expressed an interest and they are a joint powers organization that the City is a part of and he believes that they are probably the likely recipient of this seven year old computer equipment which is obsolete. He added that number three in the resolution is important and that the resolution should be corrected to read 2a and 2b. Councilmember O'Connor asked what would happen if they did not dispose of it properly. Mr. Boganey responded that would not be something the City could control once the transfer ofproperty has taken place; however, he believes that anyone the City ould consider would not be that e of Y Y agency. 07/11/05 -13- DRAFT RESOLUTION NO. 2005-108 e Councilmember Carmody introduced the following resolution and moved its adoption with the correction to page two, number three to read 2a and 2b: RESOLUTION PROVIDING FOR THE TRANSFER OF PROPERTY TO OTHER UNITS OF GOVERNMENT AND DISPOSAL OF PROPERTY HAVING NO MARKET VALUE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10L RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2005 -05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. Boganey discussed that this resolution would authorize plans to proceed with the Twin Lake Avenue Street, Storm Drainage, and Utility Improvements. RESOLUTION NO. 2005-109 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FORBIDS, IMPROVEMENT PROJECT NO. 2005-05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Councilmember O'Connor asked if the MPCA would need to approve this before the project can take place. Mr. Boganey responded that he believes they do have to review and approve it before it e a dual track so that the City before the project can o forward. Staff would like to et on P J g g Y can take the bids at the same time they are reviewing the plans and specifications. This may at some point require if they suggest changes an addendum to the final bids and specifications. Motion passed unanimously. log. APPROVAL OF SITE PERFORMANCE RELEASE FOR CROSSINGS AT BROOKWOOD 6201 LILAC DRIVE NORTH AND GLOBAL HENNEPIN COUNTY PROPERTIES, LLC 2000 FREEWAY BOULEVARD 07/11/05 -14- DRAFT is Councilmember O'Connor asked for clarification regarding this approval. Mr. Boganey responded that at the time these projects were approved there were cash escrows set aside to assure completion of the projects. These projects have been completed and this would be to authorize the release of monies. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve performance guarantee releases Crossings at Brookwood (6201 Lilac Drive North) and Global Hennepin County Properties, LLC (2000 Freeway Boulevard). Motion passed unanimously. 10h. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Councilmember O'Connor discussed that according to the City's Ordinance she believes that this is to be done once a year. Mr. LeFevere discussed that the assessment is a later step and that is done in the fall with all assessments put on the property taxes if it is not paid. The resolutions are a step of ordering the trees to be removed and if property owners have not paid by September they will be levied as special assessments against the property. She inquired if the Council needs to be doing this resolution at the meeting or does the ordinance already say that this is a public nuisance and the trees should be removed. Mr. LeFevere discussed that generally a public nuisance is a declaration made by the Council otherwise there is no formal order to do anything. This is an opportunity for the Council to say it is or is not a nuisance. The ordinance could be set up to be done at an administrative level; however, this warrants the Council having an opportunity to look at it on an agenda. RESOLUTION NO. 2005 -110 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Councilmember Niesen discussed that she reviewed the ordinance and outlined portions of Section 20 -301 and 20 -304. She inquired when a tree is infected does it always mean that they have to be removed; and expressed that she would be in favor of not taking so many trees if a way could be found to prevent it. Mr. Blomstrom discussed that he has talked to the City's Forester and believes that there is not a tree saving method for Dutch Elm disease. He informed that a majority of these trees are Dutch Elm diseased trees and that he could supply with future resolutions which trees are infected by Dutch Elm disease. 07/11/05 -15- DRAFT Councilmember Niesen informed that she had talked with Xcel Energy about their tree trimming policy. She was told that they have a vegetation management division and if persons are concerned about portions of trees being removed they may contact this division at 612 215 -4512 to make a complaint. Councilmember O'Connor voted against the same. Motion passed. 11. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the City Council meeting at 9:17 p.m. Motion passed unanimously. City Clerk Mayor 07/11/05 -16- DRAFT I 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 JULY 11, 2005 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority met in Work Session and was called to order by Mayor /President Myrna Kragness at 9:25 p.m. i ROLL CALL Mayor/President Myrna Kragness and Councilmembers /Commissioners Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Acting City Manager/Executive Director Curt Boganey and Deputy City Clerk Maria Rosenbaum. PARKING RESTRICTIONS IN RESIDENTIAL AREAS SUGGESTED BY WILL DAHN This item was discussed at the Study Session. DISCUSSION OF INTEREST IN REQUEST FOR STEPFAMILY DAY PROCLAMATION This item was discussed at the Study Session. DISCUSSION OF RESPONSE TO LANG NELSON REQUEST FOR RECONSIDERATION OF STREET RECONFIGURATION REQUEST This item was discussed at the Study Session. MISCELLANEOUS Councilmember /Commissioner Niesen informed that she has been working on a form with regards to the City Manager's evaluation and that she will be e- mailing it to Mr. McCauley to have him review and put on a Work Session for Council discussion. She hopes to be submitting this form in the next two weeks and would like to have discussions regarding this issue before the next Council Retreat. She discussed the topics that she included with the form include job description, a scoring card, values, and feedback. Mayor Kragness asked that a copy of the long form that had been previously used be provided to Councilmember /Commissioner Niesen. 07/11/05 -1- DRAFT Councilmember /Commissioner Lasman asked that a correction be considered with regards to a newspaper article that indicated Caribou Coffee Headquarters was located in Brooklyn Park. ADJOURNMENT There was a motion by Councilmember /Commissioner Lasman, seconded by Councilmember/ Commissioner Carmody to adjourn the City Council/Economic Development Authority Work Session at 9:30 p.m. Motion passed unanimously. City Clerk Mayor /President 07/11/05 -2- DRAFT City Council Agenda Item No. 7b 61 City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Depu City Clerk DATE: July 20, 2005 cam" 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 July 25, 2005, are as follows: MECHANICAL Minnesota Heating Air 10701 93rd Avenue North, Maple Grove Affordable Air Heating 4030 Hayes Street NE, Columbia Heights RENTAL Renewal: 5001 Ewing Avenue North (Four Plex) Bartholomew Dabrowski 0 Calls 5712 Logan Avenue North (Single Family) Dwayne Meier 0 Calls 5842 Vincent Avenue North (Single Family) Christopher Olson 1 Assault and 1 Disturbing Peace 6854 West River Road (Single Family) David Wagtskjold 0 Calls 6845 Willow Lane (Single Family) David Wagtskjold 0 Calls 6012 Zenith Avenue North (Single Family- GroupHome) Hearthstone Properties 1 Fight and 1 Drug Initial (All 0 Calls for Service): 3700 55 Avenue North (Single Family) Ron Sonnek 1609 68 Lane (Single Family) Jeremy Ziegler 5824 Bryant Avenue North (Single Family) Shantoya Young 3806 Eckberg Drive (Single Family) Jesus Preciado 7137 Grimes Avenue North (Single Family) Shawn Banks 6342 Orchard Avenue North (Single Family) Art Zirk 6301 Shingle Creek Parkway way 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 Council Agenda Item No. 7c I City of Brooklyn Center A Millennium Community MEMORANDUM DATE: July 20, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Approving Change Order No. 3, Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2004 -01, 02, 03, 04, Contract 2004 -A, Northport Area Neighborhood Street, Storm Drainage and Utility Improvements On May 10, 2004 the City Council awarded Contract 2004 -A to S.R. Weidema; Inc. of Maple Grove, Minnesota for the construction of the Northport Area Neighborhood Street Improvement project. S.R. Weidema, Inc. has completed the construction work and is now requesting final payment for the project. The original contract amount was $2 673 332.07. The City Council approved Change Order tY pP g No. 1 on August 23, 2004 and Change Order No. 2 on November 22, 2004 in order to revise the scope of work pursuant to the written contract. Change Order No. 3 consists of an adjustment in the contract amount to address additional aggregate base materials to provide for a stable foundation for street pavement along Indiana Avenue and June Avenue. The total value of work certified for final payment is $2,708,744.18, which includes the three change orders and final contract quantity adjustments. The change orders and final quantity adjustments result in an increase from the original contract amount of less than two (2) percent. The Contractor has provided an executed copy of Change Order No. 3 and other necessary documentation to allow final payVnent for the project. Attached is a City Council resolution approving Change Order No. 3, accepting the work performed and authorizing final payment for the total contract amount of $2,708,744.18 for Contract 2004 -A, Northport Area Neighborhood Street, Storm Drainage and Utility Improvements. 6301 Shingle gle 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 3, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2004 -01, 02, 03, AND 04, CONTRACT 2004 -A, NORTHPORT AREA NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, S.R. Weidema, Inc. of Maple Grove, Minnesota has completed the following improvement in accordance with said contract: Improvement Project Nos. 2004 -01, 02, 03 04, Contract 2004 -A, Northport Area Neighborhood Street, Storm Drainage and Utility Improvements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 3 for additional aggregate base material is hereby approved in the amount of $16,846.25. 2. It is hereby directed that final payment be made on said contract, taking the contractor's receipt in full. The total estimated amount to be paid for said improvements under said contract shall be $2,708,744.18. 3. The estimated project costs and revenues are hereby amended as follows: COSTS As Approved As Final Contract $2,673,332.07 $2,679,573.98 Contingency (10 267,300.00 0 Change Order No. 1 0 2,165.95 Change Order No. 2 0 10,158.00 Change Order No. 3 0 16.846.25 Subtotal Construction Cost 2,940.632.07 $2,708,744.18 Admin/Legal /Engr. 217,200.00 217,200.00 Reforestation 25,000.00 25,000.00 Street Lights 85,000.00 54,000.00 Total Estimated Project Cost 3,267,832.07 $3,004,944.18 RESOLUTION NO. REVENUES As Approved As Final Street Assessment 519,110.00 519,110.00 Storm Drainage Assessment 165,020.00 165,020.00 Water Utility Fund 631,439.75 623,718.31 Sanitary Sewer Utility 555,614.28 535,542.44 Storm Drainage Utility Fund 441,755.61 432,213.15 Street Construction Fund 555,492.43 326,940.28 Municipal State Aid 348,400.00 348,400.00 Street Light Utility 51.000.00 54.000.00 Total Estimated Revenue $3,267,832.07 $3,004,944.18 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. 7d City of Brooklyn Center A Millennium Community MEMORANDUM DATE: June 19, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2005 -07, Contract 2005 -B, 2005 Street Seal Coating On March 28, 2005 the City Council authorized the awarded of Improvement Project No. 2005 07, Street Seal Coating activities to Pearson Brothers, Inc. of Loretto, Minnesota. This work was performed as part of a joint powers agreement for street maintenance activities with the cities of Coon Rapids, Andover and Columbia Heights. The intent of the joint powers agreement is to provide an opportunity to obtain lower unit bid prices by combining annual maintenance work for several communities into one project bid in order to promote a more competitive bidding environment. Improvement Project No. 2005 -07 included the placement of chip seal surface treatment to portions of the Southeast and Happy Hollow Neighborhoods as shown on the attached map. The 2005 project area represented one of the larger seal coat projects in the past several years for the City of Brooklyn Center. Pearson Brothers, Inc. has completed all work under the contract on schedule, under budget, and with acceptable quality of the finished product. Attached for consideration is a City Council resolution accepting the work performed and authorizing final payment in the amount of $116,327.58 for the 2005 Street Seal Coating work. 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.cityolbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2005 -07, CONTRACT 2005 -B, 2005 STREET SEAL COATING WHEREAS, the City of Brooklyn Center entered into a j oint powers agreement with the City of Coon Rapids to provide street seal coating maintenance work in 2005; and WHEREAS, the 2005 Street Seal Coating work was awarded to Pearson Brothers, Inc. of Loretto, Minnesota pursuant to said joint powers agreement; and WHEREAS, Pearson Brothers, Inc. has completed the specified street maintenance work for Improvement Project No. 2005 -07, 2005 Street Seal Coating. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on said contract, taking the contractor's receipt in full. The total amount to be paid to the Contractor for said improvements shall be $116,327.58. 2. Project costs and revenues are hereby amended as follows: COSTS As Annroved As Final Contract $127,057.58 $116,327.58 REVENUES 43220 -6404 $75,600.00 $75,600.00 40200 -6404 $51,457.58 $32,400.00 40700- 6530- 8200401 8,327.58 Date Mayor z 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. uue uw _e :'1111111 un nn ■.,'a� 1 uw w LR w ��p Ii1 :.m ettte 1 `�p� +i ii�!4riiu� 'i d _Z 11 !i 1 CG ■_n n� _unnmlC F 2 !�ii�rb uacr. -nn C: e i�( It• I#1 a II/�IIIII /I,• ■■■In■■1■ i e i)•7� r 111 �'11�1'�'•�r' .11_fn \1 ■u IrYw \IN�1 ■IJ/ l %�w•tol i auxYw� E [r-0 I II u� r rrn Pln :ii�lieii� .iY� T n ui L .111 4 ur. it C 1111 ■11um: .11. :11111111111. 1 AMM 11 HIM E 11 1 ,•.11 IIP 11111111. :u I!!1 /II IIpI �,E. %let .141 9.1 11'1S!t11111U. :3■ I ca t ull[LU1:1•IIrOy 1111111 1111111111x/ 1a IIIIq br �l11 ■Ilnnuun■1► luau..- Lr. 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NUN111 zz m oz =m 11!!!1!11: .L• 11[IIl•'iilu 1111111111111 a •�r g It �r- ITiI �!!�1!1 1111 111 111 1 111 0 m City Council Agenda Item No. 7e City of Brooklyn Center A Millennium Community MEMORANDUM DATE: April 19, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2005 -11, Contract 2005 -F, Freeway Boulevard Bridge Deck Rehabilitation, Bridge No. 27581 On June 13, 2005, the City Council authorized the solicitation of bids for the proposed rehabilitation of the Freeway Boulevard Bridge. The project was advertised in the official newspaper and the construction bulletin for public bidding. Bids for the project were received and opened on July 13, 2005. The City received one bid from Progressive Contractors, Inc. of St. Michael, Minnesota in the amount of $112,975.25 for the contract. The Engineer's Estimate for the project provided by TKDA consulting engineers was $110,861.55. TKDA has indicated that Progressive Contractors, Inc. has performed several bridge deck rehabilitation projects similar to the work proposed for the Freeway Boulevard Bridge. Progressive Contractors is prepared to begin work on the bridge upon execution of the contract documents. The proposed bridge work includes removal and replacement of the top surface layer of the bridge deck and reconstruction of the bridge approaches. One eastbound and one westbound lane will remain open during most of the construction process. Attached for consideration is a City Council resolution accepting the' bid and awarding the Freeway Boulevard Bridge Rehabilitation project to Progressive Contractors, Inc. in the amount of $112,975.25. t 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.cityolbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2005-11, CONTRACT 2005 -F, FREEWAY BOULEVARD BRIDGE DECK REHABILITATION, BRIDGE NO. 27581 WHEREAS, bids were solicited for Improvement Project No. 2005 -11, Freeway Boulevard Bridge Deck Rehabilitation by advertisements placed in the City's official newspaper and the Construction Bulletin magazine; and WHEREAS, pursuant to an advertisement for bids for said project, bids were received, opened, and tabulated by the City Clerk and Engineer on the 13 day of July, 2005; and WHEREAS, the City received one bid from Progressive Contractors, Inc. of St. Michael, Minnesota in the amount of $112,975.25; and WHEREAS, it appears that Progressive Contractors, Inc. is a responsible bidder and qualified to perform the work as specified in the bid documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Progressive Contractors, Inc. of St. Michael, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2005- 11, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 3. The estimated project costs and revenues are as follows: COSTS Engineer's Estimate As Amended Per Low Bid Contract 110,862.00 112,975.25 Contingency (10 11,100.00 11,300.00 Material Testing 4,000.00 4,000.00 Admin/Legal/Engr. 21,700.00 21,700.00 Total Estimated Project Cost 147,662.00 149,975.25 RESOLUTION NO. REVENUES Municipal State Aid 147.662.00 149.975.25 Total Estimated Revenue 147,662.00 149,975.25 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. s City Council Agenda Item No. 7f City of Brooklyn Center A Millennium Community MEMORANDUM DATE: July 20, 2005 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. 1 0 6301 Shingle Creek g e 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.cityolbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring ahem a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: PROPERTY OWNER PROPERTY ADDRESS TREE TREE TYPE NUMBER HOUMPHENG BOUNSAVATH 5348 HUMBOLDT AVE N ELM 165 DONALD OINE 5139 XERXES AVE N ELM 166 LAURA WARNER 5132 DREW AVE N ELM 167 THOMAS MAGGIE PROFT 5707 HUMBOLDT AVE N ELM 168 DARON HANSEN 6530 CHOWEN AVE N ELM 169 GORDON GUNDERSON 6507 CHOWEN AVE N ELM 170 KELLY SMITH 6101 EMERSON AVE N ELM 171 CITY OF BROOKLYN CENTER VARIOUS LOCATIONS ELM 172,194,195,196 MICHAEL REID 6718 PERRY AVE N ELM 173 TOU VUE 6813 ORCHARD AVE N LOCUST 174 DANIEL LAMAH 6918 TOLEDO AVE N ELM 175 COMFORT ROBERTS 3012 68 AVE N ELM 176 D M K D HARTMAN 6301 BROOKLYN DR ELM 177 TOU PAO XIONG NHIA THAO 6001 YORK AVE N ELM 178 BEACH CONDO ASSOCIATION 4207 LAKESIDE AVE N ELM 179,180 KATHALENE TAHLMAN 810 61 AVE N ELM 181 PETER NYEMAH 5568 HUMBOLDT AVE N ELM 182 VERNA SANTI 5524 HUMBOLDT AVE N ELM 183 R HANSON/ R E SOCHA HANSON 5813 IRVING AVE N ELM 184 JAMES COLLINS 5424 LOGAN AVE N ELM 185 MARY WEST 5818 HALIFAX AVE N ELM 186 WILLOW LANE REALTY LLP 7015 WILLOW LA ELM 187 D J PROPERTIES LLC 5843 FREMONT AVE N ELM 188 GORDON SHARON SJAAHEIM 6231 QUAIL AVE N ELM 189 THOMAS GLEASON 4418 WINCHESTER LA ELM 190 CHARLEY VANG NOU XIONG 7224 MAJOR AVE N ELM 191,192 DOROTHY RETOTAR 6737 SCOTT AVE N ELM 193 RESOLUTION NO. 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: City Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 4 i City Council Agenda Item No. 8a City of Brooklyn Center A Millennium Community MEMORANDUM DATE: July 19, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Ordinance Amending Chapter 19 of the City Ordinances Providing for the Regulation of Railroad Locomotive Horns in the City of Brooklyn Center Attached for consideration is an Ordinance amending Chapter 19 of the City Ordinances regarding the use of locomotive horns at highway -rail grade crossings. The proposed ordinance would establish a Quiet Zone spanning approximately 1300 feet in both directions of the Azelia Avenue railroad crossing. The attached memorandum from Kennedy Graven summarizes the process to establish a Quiet Zone within Brooklyn Center. A Notice of Intent to establish a locomotive Quite Zone was sent to the Canadian Pacific Railway and the Minnesota Department of Transportation in accordance with the final rules from the Federal Railroad Administration. Canadian Pacific and the Minnesota Department of Transportation have provided the attached response letters indicating that they have no comments concerning the City's process to establish a Quiet Zone. Consistent with the City Charter, this item was first read on May 23, 2005, published in the official newspaper on June 2, 2005, and is presented for the second reading and public hearing by the City Council. If adopted by the City Council, the ordinance would be effective after thirty days following legal publication and after 21 days following a Notice of Quiet Zone Establishment mailing to the Canadian Pacific Railway and Minnesota Department of Transportation. 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.cityolbrooklyncenter.org CANADIAN Engineering Services 501 Marquette Avenue PACIFIC Minneapolis Minnesota 55402 fox (612) 904 -6010 RAILWAY iM June 10, 2005 Engr File: X- PAY 005 -73 -R Todd Blomstrom Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Notice of Intent Establishment of New Quite Zone Azelia Avenue North DOT 696401X Mile Post 5.73 Paynesville Subdivision, Brooklyn Center, MN Dear: Mr. Blomstrom: This letter will acknowledge Railway's receipt our certified ge Canadian Pacific (CPR of y cent d mailing of "Notice of Intent" for the Establishment of Quite Zone with in your community at the Azelia Avenue North at grade crossing. CPR has no comments concerning your cities request to establish a new quiet zone at this location. Please continue with the cities process to establish a quiet zone base on the Final Rules developed by the Federal Railroad Administration. If you have any questions, please feel free to contact me at above address or by phone at 612- 904 -5994. Y OeryPgub11icWorks, Jim H z Engi cc: Susan Aylesworth, MN /DOT OFCVO Dave McKenzie, SEH, Inc. A`� Minnesota Department of Transportation q� Office of Freight and Commercial Vehicle Operations °F Mail Stop 420 Tel: 6511405 -6060 1110 Centre Pointe Curve Fax: 651/405 -6082 Mendota Heights, MN 55120 -4152 June 29, 2005 Todd Blomstrom Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Re: Notice of Intent Establishment of New Quiet Zone Azeha Avenue North USDOT No. 696401X Brooklyn Center, MN Dear Mr. Blomstrom: This will acknowledge the Minnesota Department of Transportation's (MN/DOT) receipt of your certified mailing of "Notice of Intent" for the Establishment of a Quiet Zone within your community at the Azalia Avenue North at grade crossing. Mn/DOT has no comments concerning your city's request to establish a new quiet zone at this location. If you have any questions, please feel free to contact me at 651406 -4798. zaa nn ce �A Ayl sworth; Director, RaillAdministration Section Cc: Dave McKenzie, SEH, Inc. Jim H. Krieger, CPR I 470 U.S. Bank Plaza i� i 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax http://www.kennedy-graven.com CHARTERED MEMORANDUM TO: Todd Blomstom Director of Public Works, Brooklyn Center FROM: Michael T. Norton DATE: May 18, 2005 RE: Implementation of Azelia Avenue Railroad Quiet Zone You have asked us to advise you as to the next steps to be taken by the City to implement the Quiet Zone "QZ at Azelia Avenue DISCUSSION The Federal Railroad Administration's "FRA') Final Rule relating to the establishment of a QZ will take effect as of June 24, 2005. After this date, new QZs may be established. It appears that the City, working with CP Rail, MnDOT, and its consultant SEH, has completed all applicable federal and state requirements regarding the relocation and construction of a new crossing at Azelia Avenue. It also appears that the new crossing will meet FRA regulations concerning the level of supplementary safety measures (SSMs) necessary to establish a QZ without formal application to the FRA. In my opinion, the City Council has the authority to establish a QZ at Azelia Avenue by Resolution, subject to the FRA's final promulgation of its train whistle rule on or after June 24. z The Final Rule contains additional requirements that the City must follow before it may implement the QZ on or after June 24, 2005. The Final Rule requires the City to submit a Notice of Intent to establish the QZ consistent with the rules. SEH has prepared this Notice of Intent, which must be mailed to the required parties by certified mail subsequent to Council approval. The 60 -day comment period required by the Final Rule commences on the day after the mailing of the Notice of Intent and terminates when the City receives written comments, or written statements that the affected railroad and MnDOT do not have any comments on the Notice of Intent "no comment statements'), or if the 60 -day comment period has passed, and the date is on or after June 24, 2005. MTN- 262834v4 BR291 -228 The Final Rule also requires the City to provide a Notice of Quiet Zone Establishment, which provides the actual date upon which routine locomotive horn use at the Azelia Avenue crossing shall cease. This Notice of Quiet Zone Establishment must be mailed to the same entities as the Notice of Intent. The Notice of Quiet Zone Establishment "shall not be mailed less than 60 days after the date on which the Notice of Intent was mailed If the comment/statement of no comment from the affected parties is received prior to the expiration of the Notice of Intent 60 day period, the Notice of Quiet Zone Establishment may be mailed sooner than the end of the 60- day period discussed above, but an additional minimum 21 day period after the date of mailing is required before the QZ is established. The actual date of QZ establishment thus will depend on the date the Notice of Intent is mailed, plus 60 days, minus the number of days elapsed in the 60 day period until the final comment/no comment statement is received, plus 21 days after the date of mailing of the Notice of Quiet Zone Establishment. Stated differently, the maximum time period is 81 days from the day after the Notice of Intent is mailed, and the minimum time period is 21 days after the last comment/no comment statement is received, before the QZ is established. The required signs may then be placed at the crossing to be effective on the date of establishment. of the QZ pursuant to the Notice of Quiet Zone Establishment. I have also drafted a proposed ordinance (attached) which provides for a criminal penalty if a train horn or whistle is sounded in the QZ after it is established, except for an emergency situation. The timing for the implementation of the ordinance is also dependent on the actual date of establishment of the QZ. SUMMARY The City must mail a Notice of Intent to establish the QZ and provide for a 60 -day comment period. Once the 60 -day period has expired, or if the City has received the required comments or a no comment statement from each affected party, then a Notice of Quiet Zone Establishment may be mailed to the affected parties establishing the date 21 days after the date of mailing when a railroad must cease routine use of locomotive horns at the Azelia Avenue crossing. Signs may then be posted as required and the QZ becomes operational on the date chosen by the City for establishment of the QZ. 1 4 MTN- 262834v4 2 BR291 -228 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25 day of July, 2005, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance providing for the regulation of railroad locomotive horns in the City. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES PROVIDING FOR THE REGULATION OF RAILROAD LOCOMOTIVE HORNS IN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding the following new section: Section 19 -2000 Train Whistles. 19 -2001. Finding and Puroose. The Council finds that the sounding of railroad locomotive horns at grade crossings has increased in recent vears. The increased use of railroad locomotive horns at grade crossings in and around residential neighborhoods has detracted from the quiet eniovment of propertv and from the peace and dignity of the Citv. The Citv also is concerned about the safetv of the public at railroad crossings if the negative impact of the use of train whistle and horns is mitigated by the creation of a "ouiet zone." In order to protect the safety, welfare. and convenience of the public. the Council finds it necessary to establish regulations pertaining to railroad locomotive horns, bells. or whistles. The Citv establishes this ordinance and intends that the ordinance be consistent with the applicable rules of the Federal Railroad Administration (FRA) found in 49 Code of Federal Regulations (CFR) Parts 222 and 229 as thev may be hereafter amended. relating to the establishment of quiet zones. 19 -2002. The City. having met the reauirements of 49 CFR Part 222. has established the Azelia Avenue ouiet zone (the Ouiet 2one") along the rail line crossing Azelia Avenue from milepost 5.49 to milepost 6.00. No railroad locomotive horn., bell. or whistle shall be sounded in or along the Ouiet Zone at anv time. except to provide a warning to prevent immin iniurv. death. or provertv damage in accordance with 49 CFR 8222.23. as such rule may be amended from time to time. or as otherwise nermitted by the applicable FRA regulations. The sounding of anv railroad locomotive horn. bell. or whistle shall be prima facie evidence that it was sounded or blown with the permission of the railroad companv. 19 -2002. Penaltv. Violation of the provisions of this Section is a misdemeanor. MTN _262834v4 Section 2. This ordinance shall be effective after establishment of the Azelia Avenue Quiet Zone pursuant to the regulations of the FB-k Adopted this day of June, 2005. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted; underline indicates new matter). MIN-2628344 n-I 110 City Council Agenda Item No. 8b Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson City Clerk DATE: July 20, 2005 SUBJECT: An Ordinance Authorizing the Execution of a Quit Claim Deed for Certain Land in the City At its June 27, 2005, meeting, the Brooklyn Center City Council approved first reading of An Ordinance Authorizing the Execution of a Quit Claim Deed for Certain Land in the City. The materials that were provided in the June 27, 2005, City Council agenda packet are also included for reference. This ordinance relates to the title work on the land swap with the Osseo School District. An issue arose that may or may not be a problem in the future with the correct description of property that the City was using. This ordinance is proposing to clarify by quit claiming to the property owner. The second reading and Public Hearing are scheduled for July 25, 2005. Notice of Public Hearing was published in the Brooklyn Center Sun -Post newspaper on July 7, 2005. If adopted, effective date will be September 3, 2005. 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 25th day of July, 2005, at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance providing for the sale of certain land in the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763 -569 -3360 to make arrangements. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED FOR CERTAIN LAND IN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: I. BACKGROUND 1.1. The City acquired real roe in the City legally described in the deed as: h' q property rh' h' g Y The east 192.5 feet of Lot 12, Auditor's Subdivision No. 57, except the east 92.5 feet of the south 420.67 feet thereof. (the "Subject Property"). 1.2. The conveyance of the Subject Property included in the description of the Subject Property land that the transferor did not intend to convey to the City and the City did not intend to acquire. That part of the Subject Property that was inadvertently included in the description thereof is described as: That part of the east 92.5 feet of Lot 12, Auditor's Subdivision No. 57, lying south of a line parallel to and 420.67 feet north of the north right of way line of County Road 130. (the "Excess Property"). 1.3. The City wishes to correct this erroneous legal description and release the Excess Property to its intended owner. II. SALE OF PROPERTY 2.1. The Mayor and City Manager are authorized and directed to execute a quit claim deed to the Excess Property and take all steps necessary to effect the transfer thereo III. EFFECTIVE DATE 3.1. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. g Adopted this day of 2005. Mayor ATTEST: City Clerk Date of Publication: Effective Date: Kennedy Graven C11ARTFiRFD 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax http://www.kennedy-graven.com MEMORANDUM TO: Michael J. McCauley, City Manager, Brooklyn Todd A. BlomstroM, P.E., Director of Public Works FROM: Charlie LeFevere (612) 337 -9215 Bonnie Wilkins (612) 337 -9225 DATE: May 5, 2005 RE: Osseo Schools Willow Lake Addition Plat This Memorandum addresses the boundary issue affecting property owned by the City that was disclosed on the above referenced preliminary plat. Attached is a portion of the plat for reference. The attachment shows "Lot 12" of Auditor's Subdivision No. 57. The City owns all of Lot 12 except for the portion labeled "Exception" (shown in the bottom right comer of the attachment). (The City's portion of Lot 12 will be referred to hereafter as the "City Property" and the portion not owned by the City will be referred to as the "Exception The area in question is identified on the attachment by cross hatching. The question itself is whether the boundary line between the City Property and the Exception is the northerly line (marked "Line A or the southerly line (marked "Line B As will be explained below, there are persuasive arguments that the common boundary line is Line B. The issue arises because of the legal description used to convey a portion of the City Property to the City. That legal conveyed to the City the "east 192.5 feet of Lot 12, except the east 92.5 feet of the south 420.67 feet thereof" The area consisting of the east 92.5 feet of the south 420.67 feet is the Exception. The ambiguity as to the boundary line relates to the terminology "the south 420.67 feet" of Lot 12 and centers on whether the "south 420.67 feet" of Lot 12 is measured from the centerline of the county road shown on the Auditor's Subdivision plat (now 69 Avenue North) or the right of way line of the county road. If measured from the centerline, the boundary is Line B; if measured from the right of way line, it is Line A. BLW- 262169v1 BR291 -256 i There is no controlling law in Minnesota that deals explicitly with how to measure lots created by Auditor's Subdivision. In practice, some people propose that, where a road is shown on the Auditor's Subdivision map, the boundary of any lots abutting the road is the road right of way line. Others, however, contend that, because an Auditor's Subdivision does not dedicate streets, the abutting lot lines extend to the center of the street (which in this case is the section line). In this case, the plat for Auditor's Subdivision No. 57 supports that latter of these positions. The east and west boundary lines for Lot 12 (and other abutting lots), as shown on the subdivision plat, are extended by dotted lines to the center line of the county road, and there are marks indicating that the length of the east and west boundary lines are to be measured from the center line. In sum, while it is not free from doubt, there are credible arguments that the southerly lot line for Lot 12 is the centerline of the county road (also the section line). If that is the case, then Line B is the appropriate common boundary between the City Property and the Exception. There is, however, a fence located in the proximate location of Line A that suggests that the City and/or the owner of the Exception may regard Line A as the common boundary. According to Charles Webb, the Surveyor who prepared the plat, the fence appears to be a "boundary fence" that is, a fence installed for the purpose of marking a property line. Further, the fence is located where one would expect it to be if the southern boundary of Lot 12 were the right of way line. That is, the right of way line is 33 feet north of the centerline, and Line A is 33 feet north of Line B. It thus appears that, when the property was surveyed at some point in the past, the surveyor measured the "south 420.67 feet" of Lot 12 from the right of way line rather than the centerline. The upshot of this discrepancy is that the City may own an additional 33 feet of land south of the fence. Conversely, of course, the owner of the Exception may have less land than currently contemplated. (What the owner of the Exception actually considers the lot line's location to be is speculative. So far as we know, no one has spoken with that owner. If the Exception owner installed the fence, however, we could presume he or she intended the line to be Line A.) The City has at least three options to deal with this boundary issue. First, the City can bring a proceeding in state district court to establish the common boundary line and to determine who owns the disputed area between Line A and Line B. The City likely would want to do this only if it wanted to take possession of the disputed area since, if the owner of the Exception asserted that Line A was the correct line, it is possible litigation could be lengthy and costly. Even though the City has persuasive arguments that Line B is the correct line, it is possible the court would find that Line A is the common boundary. Second, the City can quit claim its interest in the area south of Line A to the owner of the Exception. A quitclaim deed does not carry any warranties of title and can be given even when a party has no interest in the property whatsoever, so it would not be necessary to determine whether the City in fact does own the 33 -foot are a south of Line A. The City can either waive or seek compensation from the owner in connection with the quitclaim deed. BLW- 262169v2 2 BR291 -256 Third, the City can take no action, maintain the status quo and wait until either a need for that land arises or the owner of the Exception raises the issue. This alternative typically would carry the risk that the other owner might acquire the property by adverse possession; however, with some exceptions, public land cannot be acquired by adverse possession. Based on further discussion with City staff, the preferred option is the second of the foregoing options (without requiring compensation). Accordingly, we have prepared an ordinance (a copy of which is attached) authorizing City staff to execute and deliver an appropriate quit claim deed to the owner of the Exception any interest the City may have south of Line A. BLW- 262169v2 3 BR291 -256 Con of Lot 12 NW Cor, Of Lot t2, ^r ^r ^•r ALO SLO. NO. 69 AW SLi9. N0. 57 y i TI Une Of Lot 12 N89 "E 192.f8 1 WA 1 SO s NE Car. Of Lol Q, AUO. SUB. NO. 3T- rri i 41 1 1 v I y '89'57'09 "W c A 7500�� l Q° V j �l 60 88th Av a ovh"t- c„ A f tr a a {C.R Na i30) y 589 57 09 F 217.5! ti qn 5t hC tw ti -SE tsar. Of .Sec 28, rnp Jig. Rrrg 21 #o BLW- 262169v2 BR291 -256 City Council Agenda Item No. 8c Office of the City Clerk OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager r FROM: Sharon Knutson, City Clerk DATE: July 20, 2005 SUBJECT: An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (To Be Addressed 6300 Earle Brown Drive) At its June 27, 2005, meeting, the Brooklyn Center City Council approved first reading of An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (To Be Addressed 6300 Earle Brown Drive). The materials that were provided in the June 27, 2005, City Council agenda packet are also included for reference. The second reading and Public Hearing are scheduled for July 25, 2005. Notice of Public Hearing was published in the Brooklyn Center Sun -Post newspaper on July 7, 2005. If adopted, effective date will be September 3, 2005. Attachments 0 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.cityolbrooklyncenter.org CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25 day of July, 2005, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (to be addressed 6300 Earle Brown Drive). Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (TO BE ADDRESSED 6300 EARLE BROWN DRIVE) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1180. Service /Office District (C1 -A). The following properties are hereby established as being within the (C1 -A) Service /Office zoning classification: Lots I an Lot 2, Block 1, Brooklyn Farm Plat Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD).Planned Unit Development zoning classification: 6. The followinLa monerties are designated as PUD /C 1 -A (Planned Unit Develonment/Service /Office District): Lot 1. Block 1. Brooklvn Farm Plat Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 25th day of July, 2005. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) Agenda Item 9a 0 MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: June 23, 2005 SUBJECT: Planning Commission Application 2005 -010 In the staff report to the Planning Commission it is stated that the applicant is proposing a four (4) hotel and a six (6) story hotel in conjunction with their water park. The developer wants to clarify that the Embassy Suites Hotel which is referred to in the staff report as a six (6) story building is in fact a seven (7) story building. The C -lA zoning does not limit the height of buildings and staff would recommend that the Council approve the application modified to reflect a seven (7) story hotel. MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: June 23, 2005 SUBJECT: Planning Commission Application 2005- 010 Council will note that Planning Commission Application No. 2005 -010 (Embassy Suites Hotel) has been processed as a PUD. The PUD provisions of the zoning ordinance was used even though the current zoning (C -1 A) allows for the proposed development. The use of the PUD ordinance allows for deviations or variances from the requirements of the underling zoning. The alternative is to grant a variance to the zoning ordinance which in turn creates a precedence or new standard for the underlying zoning requirements. In essence, a future development could demand a similar variance even though it is neither desirable nor logical from the City's perspective for that particular application/development. Also, the standards for antin g a variance are very stringent. Using the PUD approach, the City literally creates a PUD zoning and enters into a binding contract with the developer relative to the variances that are approved and we avoid the establishment a future binding precedence. MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist ��J- Subject: City Council Consideration Item Planning Commission Application No. 2005 -010 Date: June 21, 2005 On the June 27, 2005 City Council Agenda is Planning Commission Application No. 2005 -010 submitted by LHB Architects requesting Rezoning /Development Plan Approval PUD /C1A through the Planned Unit Development (PUD) process for a 250 room hotel and water park on a 6.2 acre site to be addressed as 6300 Earle Brown Drive Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2005 -010 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. This matter was considered by the Planning Commission at their June 16, 2005 meeting and was recommended for approval through Planning Commission Resolution No. 2005 -02 (attached). It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. A resolution outlining the history of the application along with findings and conditions of approval is offered for the City Council's consideration. Also, an ordinance amendment redescribing the property to be rezoned within this Planned Unit Development is offered for first reading by the City Council. It is recommended that the City Council adopt the draft resolution and, by motion, approve the first reading of the ordinance amendment describing the property to be rezoned. Application Filed on 5 -19 -05 City Council Action Should Be Taken By 7 -18 -05 (60 Days) Planning Commission Information Sheet Application No. 2005 -010 Applicant: L H B Location: 6300 Earle Brown Drive Request: Rezoning/Development Plan Approval -PUD /CIA The applicant, Scott Anderson on behalf of L H B Architects, is seeking rezoning from CIA (Service- Office, no height limit) to PUD /CIA (Planned Unit Development/Service- Office, no height limit) of a vacant 6.2 acre site located on the east side of the west leg of Earle Brown Drive adjacent to the Earle Brown Heritage Center. (Property will be addressed as 6300 Earle Brown Drive.) This application also involves development plan approval through the Planned Unit Development (PUD) process of a 250 room hotel containing a 100 seat restaurant and an enclosed attached water park facility. The property in question is currently zoned CIA and is bounded on the west and north by Earle Brown Drive with a six story office building and I -94 right of way on the opposite sides of that street; on the east by the Earle Brown Heritage Center; and on the south by another high rise office building (City County Federal building). The City Council has long been concerned about the potential development of this property and its effect on adjacent and adjoining properties. Eventually the City's Economic Development Authority (EDA) acquired the site for the purpose of controlling potential future development. The City Council/EDA has aggressively pursued the development of a hotel on the property since the time of the Calthorpe Smart Growth study of a number of years ago, which recommended such a use in this area. Discussions with potential developers have led to the EDA entering into a development agreement with Oliver Companies for a combination hotel/water park on this site. Earlier this year the City Council, after recommendation by the Planning Commission, approved an ordinance amendment allowing transient lodging and associated uses as permitted uses in the C1 zoning district. This action makes the hotel use consistent with the zoning ordinance and the Comprehensive Plan for this area which recommends office /service business uses for this area. The applicant's plan as part of this Planned Unit Development is to build a four and six story, 250 room hotel containing a 100 seat restaurant attached to a four story high water park facility. The hotel would be attached to the east of and south of the enclosed 32,000 sq. ft. water park feature. An enclosed walkway connection between this complex and the Earle Brown Heritage Center would also be made tying the two facilities together for their joint benefit. The applicant is seeking the PUD /CIA rezoning to accommodate the above hotel/water park facility. The CIA underlying zoning designation is proposed because it acknowledges the 6 -16 -05 Page 1 proposed use as a permitted use in the zoning district. The applicant is seeking modifications to the C 1 A requirements to allow no 15 ft. green strip along the Earle Brown Drive street right of way. This modification is proposed to make a more efficient use of the site which is slightly smaller than necessary to accommodate parking and landscaping requirements. The applicant has not proposed site considerations to off set or mitigate the negative aspects of the plan. Plan considerations will be offered to off set this that are consistent with previous approvals or encroachments into the 15 ft. green strip requirement. The land in question is acknowledged in the Comprehensive Plan as being appropriate for office/ ervice u P s business (CIA) uses. Transient g lodging and associated uses are permitted in the C 1 A district, therefore, the proposal is considered consistent with the Comprehensive Plan. As the Commission is aware, a Planned Unit Development proposal involves the rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district (in this case CIA) would apply to the development proposal. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment issues. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. As mentioned in this case, the applicant is seeking modifications to allow no 15 ft. green strip along the Earle Brown Drive street right of way. The City Council has previously allowed encroachments into the 15 ft. green strip requirement along street right of way when an approximate 3 '/z to 4 ft. high decorative fence has been provided to off set the lack of buffer area between the street and adjacent parking lots. Such was the case at the 69 and Brooklyn Boulevard redevelopment where a combination pier and wrought iron fence was provided in areas where the green strip was less than 15 ft. The Super America Planned Unit Development on 57` Avenue and Logan provided a similar feature. We have discussed with the applicant the possibility of providing some type of fencing in this area and have suggested that used in the 69 and Brooklyn Boulevard and SA developments as an example or the possibility of extending the wood rail fence associated with the Earle Brown Heritage Center all along the abutting Earle Brown Drive right of way. Their landscape plan, as will be shown later, proposes landscaping in the Boulevard portion of the street right of way. This landscaping and fencing should provide an appropriate buffer to off set the lack of 15 ft. of green strip in this area. The Planning Commission's attention is directed to Section 35 -355 of the City's Zoning Ordinance, which addresses Planned Unit Developments (attached). REZONING The PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlined in Section 35 -210 of the zoning ordinance as well as being consistent with the City's Rezoning Evaluation Policy and Review Guidelines contained in Section 35 -208. The Policy and Review Guidelines are attached for the Commission's review. The applicant has 6 -16 -OS Page 2 submitted written comments relating to the Rezoning Evaluation Policy and Review Guidelines (attached). As with all rezoning requests, the Planning Commission must review the proposal based on the Rezoning Evaluation Policy and Review Guidelines contained in the zoning ordinance. The policy states that zoning classifications must be consistent with the City's Comprehensive Plan and must no constitute "spot zoning" which is defined as a zoning decision which discriminates in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principals. Each rezoning proposal must be considered on its merits and measured against the city's policy and against the various guidelines which have been established for rezoning review. The following is a review of the rezoning guidelines contained in the zoning ordinance as we believe they relate to the applicant's comments and their proposal. A. Is there a clear public need or benefit? The applicant comments that the addition of a full service hotel is viewed as a major asset to the Earle Brown Heritage Conference Center. He notes that their proposal will give the Earle Brown Heritage Center the ability to attract a new level of client to the facility, which can improve its position in the conference, meeting and convention market. It is the staff s opinion that this redevelopment proposal can be seen as meeting a clear and public need or benefit if it is consistent with the redevelopment criteria established by the City and also is consistent with the City's Comprehensive Plan. The proposal should balance the business needs of the adjoining Earle Brown Heritage Center and the adjoining properties in this area. As mentioned previously, the Calthorpe study recommended a hotel for this site and the recent Opportunity Site study considers this a positive for the development and redevelopment of this area. This hotel/water park proposal should be a positive factor in providing benefits to the Earle Brown Heritage Center as the Earle Brown Heritage Center will provide positive reinforcement for the hotel/water park. The City Council/EDA has actively pursued such a use of this property and the proposal is seen as providing a public need or benefit. B. Is the proposed zoning consistent and compatible with the surrounding land use classifications? The applicant comments that the project is a permitted use within the CIA zoning classification and will provide substantial support functions for the surrounding land uses. The staff would concur with these comments. As mentioned previously, the zoning ordinance was recently amended to allow transient lodging and associated uses as a permitted use in the CIA zoning district. The CIA zoning district allows 6 -16 -05 Page 3 service /office uses in buildings without a height limit such as in he C 1 zoning district. In the C1 zoning district buildings are limited in height to three stories. The office buildings on the west side of Earle Brown Drive and south of the site in question are all over six stories in height. The hotel portion of the proposed facility would be four stories and six stories in height while the water park feature connecting the two portions of the hotel would be four stories high. Building wise, this facility is consistent and compatible with the surrounding land uses. A physical connection is proposed between the new facility and the Earle Brown Heritage Center for the joint benefit of the two uses. C. Can all proposed uses in the proposed zoning district be contemplated for development of the subject property? The applicant answers simply yes. We would concur noting that consideration of the proposed uses was undertaken at the time the City Council amended the zoning ordinance to allow transient lodging and associated uses as a permitted use in the CIA zoning district. D. Have there been substantial physical or zoning classification changes in this area since the subject property was zoned? The applicant notes that they are not aware of substantial physical or zoning classification changes in the area, but comments relative to the recent change in the CIA zoning classification. The staff would comment that the CC Central Commerce Overlay District has been expanded to include this area, however, there has been no other recent zoning classification changes in the immediate area. This area was rezoned to CIA in the mid to late 1980's to acknowledge high rise service /office commercial uses in this area. Prior to that time the property had been zoned I -1 (Industrial Park) and commercial development was handled through the granting of a special use permit. The City Council at that time felt the high rise development was appropriate and the buildings in this are reflect that. E. In the case of city initiated zoning proposals, is there a broad public purpose evident? The applicant comments that this is not a city initiated rezoning proposal. Although this is not a city initiated proposal, the city has pursued the development of a facility such as this for this site over a number of years. 6 -16 -05 Page 4 F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? The applicant simply comments yes to this guideline. The staff believes that the subject property will, for the most part, bear fully the development restrictions for this Planned Unit Development with some deviations from the standard ordinance requirements. We have previously noted the request from the applicant for no 15 ft. green strip along the Earle Brown Drive right of way. A condition of approving the plans for this development should provide for some type of fencing/screening in this area such as that approved in the 69` and Brooklyn Boulevard redevelopment or as has been suggested an extension of the wood rail fence similar to that surrounding the Earle Brown Heritage Center. The use itself seems compatible with the Earle Brown Heritage Center and, in fact, complimentary to as well. The Heritage Center is also considered compatible with and complimentary to the hotel/water park facility. G. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? The applicant notes that the site is generally suited to the use proposed except with respect to size. The project site is slightly smaller than necessary to meet the parking and landscape buffer requirements. The subject property is not unsuited for uses allowed in the present zoning district with respect to size, configuration, topography or location. Service /office uses would be appropriate in this area and a building of the height and bulk of the proposed hotel facility certainly fits into this site. The site is impacted by a curved roadway which makes it slightly more difficult for development. Topography and location do not cause problems with respect to the development of the property. It is a site suited for the uses allowed in the CIA zoning district of which the proposed hotel/water park are permitted uses. H. Will the rezoning result in an expansion of the zoning district warranted by 1. Comprehensive Planning; 2. Lack of developable Land in the proposed zoning district, or; 3. the best interest of the community? The applicant notes that the rezoning will not result in the expansion of a zoning district. The staff would note that the proposal appears to have merit beyond just the particular interests of the developer and should lead to a development that can be considered consistent and compatible with surrounding land uses as well as the City's Comprehensive Plan. It is also believed to be in the best interest of the community 6 -16 -05 Page 5 with respect to the compatibility of the City's Earle Brown Heritage Center and this facility. Both should prove beneficial to the other. I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? The applicant responds that the addition of a full service hotel gives the Earle Brown Heritage Conference Center the ability to attract a new level of clientele to the facility which can improve its position in the conference, meeting and convention market. They note that successful conference centers help a community become more attractive and prosperous and create opportunities to introduce growth and investment that will stimulate economic growth as visitors are potential investors and consumers. We would concur with the applicant's comments with respect to this guideline. We do believe that the proposal has merit beyond just the particular interests of the developer and will lead to a development that can be considered consistent and compatible with surrounding land uses and should be beneficial to the Earle Brown Heritage Center and be in the general interests of the community. SITE AND BUILDING PLAN PROPOSAL As mentioned previously, the proposal is for a four and six story 250 room hotel with a 100 seat restaurant attached to a four story high, 32,000 sq. ft. water park facility. An enclosed walkway would connect the new facility to the Earle Brown Heritage Center. The water park feature will not be open to the public generally. It is designed for the use of patrons and patrons of the Heritage Center. The restaurant will, however, be open to the general public. No conference rooms or meeting rooms will be offered in the hotel. The Earle Brown Heritage Center/ meeting rooms will serve the needs of the hotel. The water park will be located in a 32,000 sq. ft. enclosed space that is four stories high. The building meets setback requirements and takes advantage of a provision in the zoning ordinance that allows a commercial building to be as close to an interior property line as three feet rather than ten feet, provided that the exterior wall of the building conforms in all respects with the requirements of the State Building Code. This wall is located along a portion of the east property line adjacent to a Heritage Center Building. The applicant and the City's Building Official have met to discuss this matter. The Building Official believes it may be necessary to have a clear area between the hotel and the existing Heritage Center building. After determining what the distance might be, it may be necessary to provide a deed restriction on the Heritage Center property preventing buildings from being constructed in this area. This will need to be reviewed further and recommendations from the Building Official will be based on code compliance and building construction considerations. 6 -16 -05 Page 6 ACCESS/PARKING Access to the site will be at four locations along Earle Brown Drive. Two of the access points are shared accesses, one with the City Council Federal building to the south and the other to the Earle Brown Heritage Center to the east. The two non shared accesses line up with the access drives across Earle Brown Drive serving the office buildings on the opposite side of the street. A total of 350 parking spaces are provided based on hotel, restaurant and employee parking requirements. The zoning ordinance requires one parking space for ever hotel room and one parking space for every hotel employee at the maximum shift. The restaurant parking formula is one space for every two restaurant seats and one space for every restaurant employee. The employee count for the hotel and restaurant at the maximum shift is 50 employees. A total of 350 parking spaces are, therefore, required and provided. The plans indicate a parking width of 8 ft. rather than the required 8 ft. 8 in. Adjustments must be made to meet the minimum requirements which in turn may effect meeting the parking requirements. Parking spaces are provided around the north, west and south portions of the building. Driving lanes are aligned as best as possible with adjoining parking lots at the Earle Brown Heritage Center and the City County Federal building. Concrete parking delineators are provided to form the drive lanes accessing the building. A canopy for a drop off area is provided to the hotel by the main entrance on the north side of that building. A service area is to be provided along the east side of the hotel. The connection to the Earle Brown Heritage e g Center is along the south wall of the hotel connecting to the water park as well. Parking and driving areas will be bound by B- 618 curb and gutter as indicated on the plan. GRADING/DRAINAGE/ JTILITIES The applicant has provided preliminary grading, drainage, utility nd erosion control plans which Y P are being reviewed by the Director of Public Work/City Engineer. Attached is a copy of his written comments with respect to this proposal. The site is approximately 6.2 acres and, it is my understanding, that it will be required to have a formal Watershed Management Commission review. Storm sewer will be provided throughout the site to collect storm water to be conveyed into an existing pond that serves the City County Federal building and the Earle Brown Heritage Center. Calculations need to be submitted to show that this pond is sufficient to handle drainage from this site. It was originally designed to meet the Watershed standards in the mid 1980's when the Earle Brown Heritage Center was redeveloped and the office building to the south was developed. These matters will need to be verified prior to the issuance of building permits for the property. Sanitary sewer and water are available within the Earle Brown right of way and sewer and water connections are made to the building at three different locations as shown on the utility plan. The Director of Public Works notes that the existing 8 in. sanitary sewer is not adequate to serve the proposed hotel/water park development. Earle Brown Drive is proposed for reconstruction in 2006 and the existing sanitary sewer could be replaced with 12 in. sewer if authorized by the City Council. 6 -16 -05 Page 7 A Traffic Impact Study for the proposed hotel/water park was completed by Bensboof and Associates, Inc. and it attached with the memo indicating that existing facilities will be able to adequately accommodate the traffic generated by this proposed development. The Commission's attention is directed to the Director of Public Works' memo relating to the proposed development. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system utilized by the Planning Commission to evaluate such plans. The site is 6.2 acres and requires 412 landscape points. The landscape plan provided shows a total of 375 points and indicates a point requirement of only 374 points. The landscape plan should be revised to provide an additional 37 landscape points to meet the minimum 412 required. The landscape plan relies more heavily on shrubs than is recommended by the landscape point system. Only 25 percent of the landscape points required should be in shrubs, a maximum of 103 points. Their plan provides 136 %2 landscape points for shrubs. A better distribution of landscape should be provided in the revised landscape plan. The existing plan calls for only six shade trees, three to the east and three to the west of what might be considered the main entrance to the site. These are Redmond Linden. Eighty seven decorative trees are provided such as Japanese Tree Lilac, Columnar Crab Apple, and Clump River Birch. These are provided in the green strip which is within the boulevard right of way area around the perimeter of the site and up close to the water park portion of the building as well as in front of the main hotel entrance on the north side of the building. Decorative trees are also provided on the island areas at the access points to the site and in a "pocket plaza" located between the south portion of the hotel and the indoor water park. Eight coniferous trees are provided, six of which are in the boulevard right of way area and two on the divider areas between the parking facilities. Two hundred seventy three shrubs such as Compact American Vibernum, Rose Pavement Foxy, Russian Cypress, Green Mound Alpine Currant and Mount Airy Fothergilla are located around the site at different locations. It is recommended that the landscape plan be revised to meet the point distribution system and the total number of points required for a 6.2 acre site. Additional shade trees would be in order and perhaps some additional coniferous trees also. It is also recommended as noted previously that a decorative fence at least 3 '/z to 4 R in height be provided where there is no minimum green strip provided. This would be along the north and west sides of the site. A wood rail fence such as at the Earle Brown Heritage Center might be in order. BUILDING The applicant has submitted building elevations of the proposed building. The hotel portion of the building would have an exterior treatment of brick with metal decorative panels and aluminum windows. The water park portion of the building would be precast concrete with 6 -16 -05 Page 8 metal panels and aluminum windows. Skylights are to be located both on the hotel and the water park portions of the building. The walkway connecting the hotel/water park with the Earle Brown Heritage Center appears to be metal panels and aluminum windows. A canopy extends out from the north side of the building where there is a pick up drop off area. LIGHTING /TRASH The applicant has submitted a lighting plan indicating the proposed foot candles for lighting on the site. Section 35 -712 of the city ordinances requires that all exterior lighting be provided with lenses, reflectors or shades so as to concentrate illumination on the p P Y ro ert Illumination is not permitted at a intensity level greater than 10 foot candles measured at property lines abutting street right of way or non residentially zoned property. No glare is allowed to emanate from or be visible beyond the boundaries of the illuminated premises. A review of the foot candles proposed indicates that the standard is not exceeded. Freestanding light poles are proposed at 13 different locations on the site plan. Eight of these are single headed lights, while five are double headed lights. The lights are located primarily in the island areas around the west and north side of the building with lights also serving the parking and service areas on the east side of the building and the parking lot on the south side of the building. No trash enclosure location is shown on the plans. It is assumed that the trash will be collected in the service area and no outside trash facilities will be located on the site. If this is incorrect, the plan should be modified to show the location of an appropriate trash container. PROCEDURE This PUD /C1A proposal, as previously mentioned, is a rezoning with a specific development plan in hand. As such, it must follow the normal rezoning process. Generally the Planning Commission seeks Neighborhood Advisory Group input with respect to Rezonings and Planned Unit Developments. In this case, the Planning Commission is the Advisory Group for the commercial/industrial park area. A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun/Post and have been sent to surrounding property owners. The Planning Commission, following public hearing should consider a draft resolution, which has been prepared in anticipation of a favorable reaction to this proposal. The draft resolution outlines various possible findings with respect to the Planned Unit Development Rezoning and various conditions related to the development plan. 6 -16 -05 Page 9 City Brooklyn Ce nter y f y A Millennium Community MEMORANDUM DATE: June 13, 2005 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works 1 SUBJECT: Oliver Companies Hotels Water Park Preliminary Site Plan Review Planning Commission Applications 2005 -10 Public Works Department staff reviewed the following preliminary documents submitted for review under Planning Commission Application 2005 -010 for the vacant parcel located west of the Earle Brown Heritage Center. Layout and Surfacing Plan, dated May 19, 2005 Grading Plan, dated May 19, 2005 Utility Plan, dated May 19, 2005 Detail Sheets, dated May 19, 2005 Site Survey, dated May 19, 2005 Site Removal and Erosion Control Plan, dated May 19, 2005 The following comments and recommendations regarding the preliminary site plans are provided for your consideration. Site Layout The applicant is proposing to develop Lot 1, Block 1, Brooklyn Farm Addition for the establislunent of two hotel buildings and an indoor water park facility. The following general comments are provided based on a review of the site layout. 1. Parking spaces are dimensioned to be 8 -feet in width on the Layout and Surfacing Plan. City Ordinance Section 35 -702 describes minimum dimensions for surface parking spaces. The Ordinance indicates a minimum parking space width of 8'8" for general surface parking. 2. The Layout Plan indicates that the west and north edge of the parking lot would have essentially zero setback from the property /right -of -way line. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn e y Center MN 55430-2199 (763) 569 -3400 City ll TDD Number ber (763) 569 -3300 F AX (763) 569-3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org 3. The Developer shall relocate the existing light standards and bases as shown on the site removal plan at the Developer's expense. 4. Additional drainage and utility easement may be necessary within the site if the storm water detention pond must be expanded to accommodate the proposed site development. 5. The applicant shall coordinate site development plans with Xcel Energy, CenterPoint Energy, Quest Communications and all other private utility companies. Water Supply and Sanitary Sewer Service The proposed development site is currently served by public water and sanitary sewer within Earle Brown Drive. Water service to the water park building and southern hotel building is currently available from a 10 -inch diameter water main within Earle Brown Drive. Water service to the northern hotel building is available from a 12- inch diameter water main along the northern portion of Earle Brown Drive. The following conditions and modifications shall be incorporated into the site design. 1. The existing 8 -inch diameter sanitary sewer within Earle Brown Drive adjacent to the proposed development does not have adequate capacity to serve the proposed land use within the development. The City's Capital Improvement Program includes a project to reconstruct Earle Brown Drive along the western and northern boundary of the property in 2006. This street project could be revised to replace the existing sanitary sewer with larger 12 -inch diameter sanitary sewer (maximum) to increase the conveyance capacity of the sewer system near the property. Increased sanitary sewer capacity for the proposed development is therefore contingent upon the City Council authorizing the replacement of sanitary sewer along Earle Brown Drive. 2. The total maximum discharge rate to the public sanitary sewer system from the site (including both hotels and water park) shall not exceed 450 gallons per minute under any circumstances. This capacity limitation assumes that the sanitary sewer within Earle Brown Drive is replaced with larger diameter pipe. 3. Sanitary sewer manholes shall be placed near the right -of -way or at the connection point to the public sanitary sewer for all sewer services serving restaurants or other central kitchen facilities. 4. A backwash recycling basin shall be incorporated into the design of the water park to limit the outflow to a maximum peak discharge rate of 50 gallons per minute to the public sanitary sewer system. Total site discharge shall not exceed 450 gallons per minute. 5. Sanitary sewer service to the water park building shall be reduced to an 8 -inch diameter pipe to reflect the requirements of Item 4 above, unless the applicant submits supporting information showing the necessity for a sewer service pipe grade less than 0.4 percent. 6. The Utility Plan indicates a proposed 18 -inch diameter water service extending from the right -of -way to the water park building. An 18 -inch diameter water service would significantly exceed the capacity of the water main within the street. The water service to the water park building shall be reduced to a maximum diameter of 8- inches unless the applicant provides technical data such as engineering calculations or fire code requirements justifying a larger water service diameter. 7. The existing gate valves on the water service stubs shall be inspected and tested by the developer's contractor prior to extending service lines into the site. The developer shall replace or repair the existing gate valves at the developers expense if the Supervisor of Public Utilities determines that repairs or replacement of the valves is necessary. 8. The Utility Plan shows a separate fire (sprinkler) line and domestic service line branching from each water service prior to entering the buildings. Gate valves or PIVs shall be placed on each service branch prior to entering the buildings to allow isolation of individual water lines. 9. The applicant shall pay City and Metropolitan Council sanitary sewer connection charges and City water connection charges for each of the three buildings. 10. All utility extensions shall meet City of Brooklyn Center design standards. The location and method of connection to the existing sanitary sewer and water mains shall be subject to approval by the Supervisor of Public Utilities. Storm Water Management The proposed site improvements would covert a substantial portion of the site to impervious surface. NPDES regulations require that land development projects incorporate construction and post- construction storm water best management practices to control the rate and quality of storm water discharges. The applicant has previously indicated that they wish to utilize the existing storm water basin adjacent to the site for storm water management. 1. The preliminary site plan documents did not include storm water design calculations or other supporting drainage information. The applicant shall provide a site storm water management plan, including drainage calculations and detailed design drawings for proposed storm water management facilities, to the Engineering Division for review prior to submitting revised site plans for a building permit. 2. Post construction storm water best management practices shall be incorporated into the site plan to adequately address all storm water management requirements as established by the Shingle Creek Watershed Management Commission. These standards can be found at: htto: /www.shinalecreek .ore /aooendixb.t)da. 3. Storm water management facilities shall be incorporated into the site development plans to sufficiently control the total discharge rate from the site to avoid overloading the existing outlet from the pond and the storm sewer system within Summit Drive and Shingle Creek Parkway. 4. The Utility Plan shall be revised to include storm sewer piping to convey runoff from all parking areas to the storm water management pond. 5. Erosion control measures shall be installed prior to starting site grading operations. The owner /developer shall be responsible for the prompt removal of all dirt and mud tracked onto public streets from the site during construction. 6. An NPDES construction site erosion control permit must be obtained from the Minnesota Pollution Control Agency prior to disturbing the site. A Storm Water Management Plan must be approved by the Shingle Creek Watershed Management Commission prior to initiating site construction. Traffic Analvsis A Traffic Impact Study was conducted for the proposed hotel and water park development by the transportation consultant that is currently assisting the City with the Opportunity Site Study. A copy of the Traffic Impact Study report is attached to this memorandum. 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 or easement dedications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, gas and electric service, final grading and geometric design as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. BENSHOOF ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 10417 EXCELSIOR BOULEVARD, SUITE TWO HOPKINS, MN 55343 (952) 238 -1667 FAX (952) 238 1671.. April 6, 2005 Refer to File: 05 -24 MEMORANDUM TO: Todd Blomstrom City of Brooklyn Ceder 1-- 3 FROM: Edward F. Terhaar and David C. May RE: Results of Traffic Impact Study for the Proposed Hotel Near the Earle Brown Center PURPOSE The purpose of this memorandum is to present results of our traffic impact study for a proposed hotel and restaurant near the Earle Brown Center in Brooklyn Center, Minnesota. Our work to date has involved an estimation of the number of trips generated by this development and the determination of impacts on the surrounding roadway network. BACKGROUND INFORMATION Location Characteristics The site for the proposed hotel and restaurant is located on the east side of Earle Brown Drive, north of Summit Drive and east of Shingle Creek Parkway, as shown in Figure 1. The Earle Brown Center is located farther to the northeast on Earle Brown Drive east of the development site. Office buildings are located on the west side of Earle Brown Drive opposite the development site. Access to a shopping center (featuring a Target) is located south of Summit Drive, opposite Earle Brown Drive. mo !(l9 3lrON33 M Q f c Q I �yt 1 ��a�+a3n1 a ^J oS Z O1J III 1 .Ut! :1 a3nIa 5 rn �'J4'� 3Ar ��f� If `'ll Al wV 3n O ii I •t W I N II C) 3ntl rl3urra3 I 3A" III z {i. zl( F Q z Q 4 ana a t��lao �a �Il II zll "3A r e_ u: ?d 11.�Y •kba al J a�� I� 1NfA88 w V 0 o F� 3 II I� I It XrJlU:1�_{ }�I, I{ 4l {i I, 3nY �.I II ill xv3lou LU 1 ©RYAI���v a I c 1 mil N 1 Intl T- a f" 1� I1 3nr r lttU.X1Q II II L 4 L I IOdI lU 10 d �.J Y II II 3na i ;If 4 •3Ar 140SU3I C!3 i J `U /�''�JI N {I II No511t13►v3 I) u. 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Iy3h17V o tJ 3AV IItR43d V Nt N3311U Li F a o ai8uttiS i v i 1 t o d� C I 3Ar MUldtl Q tr 'N W `t�J�r` w Z '3AV]IL1433NIA I( o'N ,i Lt•13" NIA W U lf W L t' (L Q w z` 3AV M H(1H1i5rM .r Q f!1 L c. rte"• d 1 '3AY 153xt13X J o; a o Ia ;�o,R, 3na swox o �r•� T u �I I[� i3r �v V o �'3A a 0 I AV IIIIN3Z r Q L, 4 !o- I I 3� (n lli r 3Z a) L l 4 i C it�f 0 .p '3AV 114 v °c �I1LUH87I 4 i U,��j Q J allr3a o( 1 a!! cam m m r �j tiIS73 .oll 3n I7� 4i I J I B- .._I�...... II /f U '3Atltt� IMPONOW Mr. Todd Blomstrom -3- April 6, 2005 Develor)ment Characteristics The proposed development consists of a 225 room hotel and a 150 seat restaurant within the hotel. An indoor water park is also planned for the property, however, the use of the water park is projected to be exclusive to hotel guests (no additional vehicle trips are generated). Access to the development will be provided via two exclusive driveways from Earle Brown Drive, with tie -ins provided to two existing driveways from Earle Brown Drive. Figure 2 shows the proposed development site plan.. Existine Roadwav Characteristics Summit Drive, Earle Brown Drive, and the Target shopping center access intersect at a four -way intersection approximately 500 feet east of Shingle Creek Parkway. The intersection is currently controlled by stop signs for southbound traffic on Earle Brown Drive and for northbound traffic exiting the Target shopping center. The eastbound approach of Summit Drive has a dedicated right turn lane, a through lane, and a shared through/left -turn lane. The westbound approach of Summit Drive has a shared through/left -turn lane and a shared through/right -turn lane. The southbound approach of Earle Brown Drive and the northbound approach of the shopping center access each have a dedicated right -turn lane and a shared through/left-turn lane. Summit Drive has a posted speed limit of 35 mph. Existine Traffic Volumes In order to determine the baseline traffic volumes, turning movement counts were conducted on Thursday, March 10, 2005 from 7:00 AM to 9:00 AM and from 4:00 PM to 6:00 PM. The resulting existing volumes recorded through these counts are presented later in this report. TRAFFIC FORECASTS Traffic forecasts were established for existing conditions, the year 2007 with only background growth "no- build" condition), and the year 2007 with development trips "build" condition). The traffic forecasts consist of existing traffic volumes, background growth, and new development trips. Trip generation rates for all uses in the area were established based on data presented in the seventh edition of Trit) Generation (2003), published by the Institute of Transportation Engineers. M i NIL ''J50PMKWD'6TALL6 I INDOOR WRIER PARK N APPROXIMATE SCALE L 0 120 CITY OF BROOKLYN CENTER TRAFFIC STUDY FO A FIGURE Z PROPOSED HOTEL SITE SITE PLAN BENSHOOF ASSOCIATES, INC. TRANSPORTATION ENGINEER SANDPUINNER6 Mr. Todd Blomstrom -5- April 6, 2005 DeveloDment Trip Generation h Table 1 presents the resultant trips generated by the development during the weekday AM peak hour, and Table 2 presents the resultant trips generated by the development during the weekday PM peak hour. Table 1 Weekday AM Peak Hour Trip Generation Adjusted Gross Trips Gross Trips New Trips Pass -By Trips Use Size j In Out In Out in Out In Out Hotel Meeting Rooms 225 Rooms 77 49 77 49 77 49 0 0 Quality Restaurant 150 Seats 2 2 2 2 2 2 0 0 TOTAL 79 51 79 51 79 51 0 0 Table 2 Weekday PM Peak Hour Trip Generation Adjusted Gross Trips Gross Trips New T rips Pass -By Trips Use Size In Out In Out I In Out In Out Hotel Meeting Rooms 1 225 Rooms 70 63 70 63 1 70 1 63 0 0 Quality Restaurant 1 150 Seats 26 13 19 10 1 15 8 4 2 TOTAL 1 96 76 89 73 1 85 71 4 2 It is expected that a percentage of the gross vehicle trips generated by the restaurant will occur internal to the site (i.e., from the hotel to the restaurant and vice versa). A reduction of 25% was applied to the gross vehicle trips for the restaurant during the PM peak hour. The adjusted gross trips generated by the development site can be classified into one of the following trip types: New Trips Trips solely to and from the subject development Pass -By Trips Existing through trips on Summit Drive that will include a stop at the development site For PM peak hour trips generated by the restaurant, 80% of the trips generated were determined to be new trips, and 20% were determined to be pass -by trips from Summit Drive. For AM peak hour restaurant trips and all hotel trips, all trips were determined to be new trips. Mr. Todd Blomstrom -6- April 6, 2005 Directional Distribution of Trins In general, new trips generated by the development will be distributed as follows: 75% to /from west on Summit Drive towards Shingle Creek Parkway 15% to /from east on Summit Drive towards TH 100 5% to /from the Target shopping center 5% to /from Earle Brown Drive towards the Earle Brown Center Pass -by trips generated by the development are expected to be distributed as follows: 65% from WB Summit Drive 35% from EB Summit Drive Background Growth in Traffic Volumes Traffic volumes on Summit Drive are expected to increase regardless of the proposed development due to continuing growth in the area. Based on the most recent available daily traffic volume counts in the area, through volumes on Summit Drive were increased by 2% per year in order to account for such growth in traffic volumes by the year 2007. Total Proiected Traffic Volumes After accounting for existing volumes, background volume growth, and volumes due to the proposed development, we have prepared the total volume forecasts shown in Figure 3. This figure shows the projected weekday AM and PM peak hour traffic volumes for each of the following scenarios: Existing Conditions 2007 No -Build (background traffic growth) a 2007 Build (background traffic growth plus development trips) A.M. PEAK HOUR N o m th NOT TO SCALE M Z 63/63/75 80/83/83 13/13/13 146/146/206 SUMMIT DR. 128/133/133 36/36/36 cd (n T T 2005 EXISTING a 2007 NO -BUILD 2007 BUILD c� !OV)0m P.M. PEAK HOUR N 0 z 3 0 m NOT TO SCALE low o�U N c`o M 32/32/45 j I L 3274 9 41/41/41 66/66/134 T r SUMMIT DR. 158/111 51 88/88/88 N Rj 93 LO 2005 EXISTING W 2007 NO -BUILD 4 r-- 2007 BUILD a )OVXX CITY OF FIGURE 3 BROOKLYN HOTEL SITE PEAK HOUR CENTER TRAFFIC STUDY FOR WEEKDAY PROPOSED A.M. AND P.M. BENSHOOF &ASSOCIATES, INC TRAFFIC VOLUMES TRUSPORTATIONENGINEERSANDPLANNER6 MONO Mr. Todd Blomstrom -8- April 6, 2005 TRAFFIC ANALYSIS The intersection of Summit Drive'and Earle Brown Drive was analyzed to determine the impacts of traffic generated by the proposed hotel and restaurant development. Capacity analyses were performed using Highway Capacity Software (HCS). The results are presented in terms of level of service (LOS), which range from A to F. LOS A represents the best intersection operation, with very little delay for each vehicle using the intersection. LOS F represents the worst intersection operation with excessive delay. The LOS results are shown in Figure 4. During the weekday AM peak hour, both approaches of Summit Drive operate at LOS A under all three scenarios. Right turns from both the southbound Earle Brown Drive approach and the northbound shopping center approach operate at LOS A under all three scenarios, while northbound and southbound left turns and through movements operate at LOS C under all three scenarios. During the AM peak hour, all movements operate at acceptable levels of service under all three scenarios. During the weekday PM peak hour, both approaches of Summit Drive operate at LOS A under all three scenarios. Right turns from the southbound Earle Brown Drive approach operate at LOS B under all three scenarios. Through movements and left turns from the southbound Earle Brown Drive approach operate at LOS C under existing conditions and the 2007 no -build scenario, and LOS D under the 2007 build scenario. Right turns from the northbound shopping center approach operate at LOS A under all three scenarios. Left turns and through movements from the northbound shopping center approach operate at LOS C under existing conditions, LOS D under the 2007 no -build scenario, and LOS E under the 2007 build scenario. During the weekday PM peak hour, the northbound and southbound left turn and through movements experience increased delays due to the background growth and trips generated by the proposed development. While the increased delays will make these movements less desirable, it is our opinion that motorists will not find these movements overly difficult or unsafe. Rather, motorists will need to wait slightly longer before finding an acceptable gap in traffic to enter onto Summit Drive. In addition, traffic exiting the Target site does have other access alternatives available. A.M. PEAK HOUR N o 3 0 m m NOT TO SCALE UU A(A/A a U U F-- A/A/A J14 A/A/ A/A/A —2 SUMMIT DR A/A/A rn 2005 EXISTING a 2007 NO -BUILD r-- 2007 BUILD 0 xX/X /XX P.M. PEAK HOUR N 0 Q m NOT TO SCALE gee m U A/A/A <J L�, A/AlA A/A/A SUMMIT OR. A/A/A W oa 2005 EXISTING 2007 NO -BUILD 2007 BUILD Xxnapa EWBENSHOOF OF FIGURE 4 CENTER TRAFFIC STUDY FOR WEEKDAY PROPOSED A.M. AND P.M. SOCIATES, INC. HOTEL SITE PEAK HO UR NEERS AND PLANNER'$ LEVELS OF SERVICE Mr. Todd Blomstrom -10- April 6, 2005 h CONCLUSIONS AND RECOMMENDATIONS Based on the analysis presented in this report, we have concluded the following: 4 The proposed hotel and restaurant development are estimated to generate 130 trips during the weekday AM peak hour and 162 trips during the weekday PM peak hour. During the weekday AM peak hour, all turning movements from both directions of Summit Drive at the western intersection with Earle Brown Drive operate at LOS A under existing conditions, the no -build scenario, and under post development buildout. Left turns and through movements from Earle Brown Drive and from the Target shopping center operate at LOS C under all three scenarios; right turns operate at LOS A. a During the weekday PM peak hour, all turning movements from both directions of Summit Drive at the western intersection with Earle Brown Drive operate at LOS A under existing conditions, the no -build scenario, and under post development buildout. Left turns and through movements approaching Summit Drive from Earle Brown Drive operate at LOS C under existing conditions and the no -build scenario; the movements operate at LOS D under post development build conditions. Left turns and through movements approaching Summit Drive from the Target shopping center operate at LOS C under existing conditions, LOS D under the no -build scenario, and LOS E under post development build conditions. We are confident the subject intersection will be able to adequately accommodate the traffic generated by the proposed development. The existing two -way stop control at the intersection will function adequately under the post development build condition. 67TH. ASE. N. R P U D/I 1 UD R5e R 1 PLANNING COMMISSION 11 A APPLICATION NO. 2005 -010 w n N wr Y ;F JAM N, EB .t'7's� r C +f� -N, 1 UW t C2 �t �u r Y'� FJ1RlE BROVYt AU R7 z u C 1 A 1 A hENNE34N CO. J LIBRARY a J oow.SEWCZ U 1 �q O1 CENTER C2 MI E I 0 R7 1 K r m a t r':y W. BROWN O W Q U I r SCHOOL y R. lkl R5 CENTRAL COMMERCE y OVERLA is DISTRICT (CC) Z 5 N. E�J P C2 C2 w ca. RD. 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M MAU Vol 1531 A ZDKWL UIRr n A0U1MI[i RM01 m'( SI.IVAIO p011 MNYI V /101 VOLUME 11,01 Q r KLRrA1 M SWANN A0 AA. SUMAmt PM ABAabl, HP VA YPE K: 256875 Q r rAaY •IOnIA t M,A+a r TIINNVAR7100 Valor AVNAI, IM MOE AT" Q rF£CAW O BaOQ11 ANN —0 l X11 DNSnICigl IS mrtri! NI CR NET OIAI IDII TMN SIAKI7AIIX M O NJQr "JIK 717 K FINkm in I IS VOL I MILKS aw rim I P�1 -M. m XID1Ni q N( M-11 KWNKNTS. WWI ]0601 Q TI.A."1X 10 1N NRA Va lM1r1104 lut)!1 "a am M aMe W AA. i JJ NR1N1 PSn01G Q M RATS Ne PEFUTOa RNIiO M PC mDO(I �r CAOLAIna 10411 t1 mPA1p WMU Al[ t WM IMMMA3 I b mN MM-IS (L, C NO l RAa1 FIKIOI N M SIM will POIMVE utluTlw YR11Zw AKgOI RN aKW 1 KWIILI n M IpMI. ASDK mROt rill AW S 1 111,011 TIM XAi IPSIIO(NR Q UROI AA 5L M 1g/1a1 OiDO NR A(AI KV[06 Al V MWING a Im[re4 M ®1EN17, .1 fa )NLMI% 414 K 1111 ONMICA 11 Pgi1C1 KISAIOI AISAS fYd C LT' EDPK1101 NS Nm 1, r NN. OLIVER 1mm IK 74". An M mtxtAls. aw.l lm NO Ym eNVO Q M gIASId IIQ.:r.1 pP q M SfT NI I IIAO dry um. 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Il.P VWlwk I.�ON.•�rA•rn.Nw. SWPPP p mamvor:mmly. [f. OVI PLAID NOYALU 9E11i CS0" IAla1 P[ P! 1VUI YVICTIM iilAIiK OWM RI [N Dn ICATUG SP•PmP uw. a.,r.�.:.A ar mN.nmAe,�6a 11 14 P ym 01!0 n M Pura AD $a A 1e O• INFORMATION 1 AR 713paE O At0Rt10 SCSI[W to DEN VaIO iASna AN En O• +e RI PINES 1Rrymigaee• IVIAemP elnNm]D0!!mu!4N.wa�Apdfia,byNe m..,• �.P...A•..Ir.m...,. BDETAILS RAPS I[INA➢NI LAPS ..m6wr, Midr.shb Cum Wam dt.•bka••vM •d mmd. N,iA•n EMIR MN KRIS: 111IGTOa Q N LXW M HDr DANA NI•.14 i—A.a 0 •NY. NNN s—, N Celled. Pum•q KW N WAoAWAYnK rename —M—hmn L U4 MS r0 AAW% am YRe n DEWATERING FILTER BAG INLET PROTEC710N m 41 Pw y n r V Q v alN�c b 00 Ml.r 1. Pre W E[T11gD ISTSTAWOE TSD IrE ArwW I, crliq rw:..r.lA G® ml NORM A1RL CpIACIm PAORLL bW r >.m.l rac.^ NSiAll�l..' 11000 Sol. 450 MN N•M AOID. SI. a 401 J R idiom �371=7py AWArl. 111 rp s.e. Ar 1� (Sfe Ibl• AmD1 ...1. SII' qDS A I GV OT TD WTCN T I P L OT ORAIAMGE 'M' T I P DUFIER OUT AS REO R NIP/ /—Lmk"— f. "r ]D NN J R i T 1AINNE APOLI3 DULUTH �l ;1 I T TJ 3 1- [.OIL mIPACIm Ilf➢WD (Dl�. c .m f• j .till IRasnASm [ARIL -DrA.I (Tr.• n»_r,.. r R NOTES: SLOPE R. �I 1 1 REF. SPEC. SECTION 0I117. -..,_D t B1G(FILNO.- lR" 1�0 •r 2. USE 2 TRCIOEESSES COMBINED TO MARE N ALTERNATE �•.I.rYr s.L STAGGERED JOINTS TO MINIMIZE FROST PENETRATION ENTRY A 2!R �.aa (22 M AYWU• r rerAY.• 7flt ASIY 0,l1 POINT$ rHVn rM Nln II.InM NOTES: N PIPE INSULATION 1. PROVIDE REVERSE CURB (OUTFAL CURB) FOR ARCING CURB lDAS (As- D taw) ADJACENT TO FRONT OF BLDG TO DRNN WATER IN DIRECTION OF PAVEMENT CONTOURS. DO NOT CHANNEL STORM RATER J F4.Y• M RUNOFF IN GUTTER. REFER TO I. REFERENCE MNDOT STANDARD PLATE 71021. /[13 L R DETAIL 2.00 SCHEDULE FOR i CASTING wro. 1 mL Mer.rel•. s. iMf Nq M Ylq FP ANNA QMw�wWN. QI Wr-- .w w CRETE I I B6� 1 8 CURB AE G LITTER SF .TION a Il...b.i.. r N a 1�,., r..r.�N (.1,., DELVER .N� IH .i. 1•k•k A.iy r 4i.1�/r. r M r W BARREL I N rl ly IM -2 r. ti .W rl N ANAL VARIABLE COMPANIES MONOLITHIC PRFCAST SFWF MAN L 5713GRANOAVFlA1E, SUM 0 A MILUTH MN %W7 ARAN 1 OVERiNANNG PRECAST CONCRETE BASE J `Y .r.ul..lv�. S°1gaY•yUN ti� .A NOTES: 1. RISER PIETIST SS OF VARIABLE HEIGI/15 MAY BE USED AS NECESSMtY WT 1 1 I I r•�k wrw bk. .ow. (NOT IN 2. PROVIDE STEPS (NOT INDICATED). RR L.ItlI R Em PROVIDE IY OFFSET OPENING O•lE(( OUTLET APE l 1 I IEl®T QAIFY Olot UM pre, 1P•tlRCV- I 1 4. j FAOUT WE CONNELTONS TO S,AUCIUIE� m dlq�I A P Y p D 1 tm 0 A/ (.�IYe P.oIL�WId EngrW l.lew a. STRUCTUR Iw d a. SML. d li•WrIL 1.� a R.I� Y•.r....s E vIN 11.r• ref Sr N.kN YL Q ILL •IIY SECTION R -R r WRLIfR I s• vALR r LTlllim M.ww rr I..N mevI• M .Ar. DETALL VC13.00 'r LT Ylc HOTELS °R �m WATERPARK N.W) r ^J oaz —1 trr NI.MoUlt vEA4 mRW: BROOKLYN CENTER, AR•1 DAN 1 I/E' IITIAi aUs YsE fX DAW v NOTES, DETAILS i. EXTEND AGGREGATE BIDE COURSE I' (MIN) BEYOND CURB AND W" EDGES AS WOICATED. 2 RU. GRADING PLANS FOR GRADES. JLNTECRALLY CAST I POSITIVE J. WALK SEPARATES FROM CURB FOR THE ORIVE ADJACENT TO 12TH STREET. REF, SHEET CLAD. SLEEVE SEAL MECHANICAL SEAL _r1 MECHANICAL SEWER )DINTS WICAL ROAD SECTION Re f•..IAlok Nm n A aW C7B00 1 2SO INd Awwr N>. Sw. 450 NO Y W ]s.01 hMCAI rL ACfuaxr AeO.[ alms ..E �WR T GLLVMR2E0 TRASH GUARD 1. CURB "TERIAU FIX IILW 1029 SECnOHS FORNEO RECYCLED YAIERML FAA 611 ANCHOR PER MANUFACTURER'S USE 2 nE INSTRUCTIONS. BOLT 2. PROVIDE WHEEL STOP WITH Nk /••RLIBcarss L FASTENERS YRIYUY 2' SPACE(S) FOR STORY WATER MINNEAPOLIS DULUTH PER JOINT RIP -RAP RUNOFT TO FLOW UNDER WHEEL SECfM7N -A STEP. A Ppy Cl. II U f Ro11 6 LENGTH LENO AOA STALL SICK 1„r Gx. Yda. RIP- I 1 n I INSTALLED IN PAR „IMO LOT ,,,E ^.yN 1 1 i AOA PT DED LOCATIONS (r- SI) 15 5.2 fA C tl WHEEL STOP L VcxNN[L xFA„r r tee' t2' SaFEL VqN ACCESSIBLE' SIGN 2 15 6 2 I 77 SECTION B -B CJ Pw r sDy nPE, 24 6.5 FoVxI. Tn w 27 9.7 r A S d at a t +u ut [n. 7' QH• m� JO IE.0 11 56 15.5 I I 42 18.9 SPECIFEO WTERIALS ARE FOR 1 1 26' M 27.5 HNIO RA('E7J AND GROUTED 54 26-5 RP -RAP FIR so 50.9 as 55.s IT 1 I 72 .0.5 75 47.25 n D I Funr+ j 4 SB' 1 84 52.9 A I uI 1 1 co cmt 90 56.9 Idw4il I oRaa i t 'L 1 J L 1e' J OLIVER B COMPANIES 1 .r v r. arm '.ro r.+•xw. rRE vulE vc.I ..r„ nP Urr[A] ox ..xm +ErY[nR I.c.c+RU,R. Q a a. nm `amr ar PI/J. yIEW 5713 GRAND AVENIJE, SUITE 6 Q r•- v a. sm vem LYr n •.x- Wr;x OIAUDI, MN 55807 a i ra r+Y, wTU[ scx „nx wACa IFr+[+s R„ A —1 +FF1lcrvr Yr+aaNP. NOTE SEE SPECRICATON SECTION 02717. TRENCHING AND n r n [RC[ an[+EI wn vw •caaaeLa Iu[. BAC1611JNG FOR RIP RAP AND GEDTE%TILE FABRIC FILTER, P FLARED FNn SECTION RErTIRxc[ ar[C. 9te1a fox Apn. wr0. C� °I Lacn aNrE+ w •o+ swNa I' r+ox .uaNEM mcL cEmIIWI .rrN srAu T-wa w RRrrn O YS R.ml T Ho®r a7Em uwt u1. dRI, aa.dsrA- _(L SIGN DETAIL (TYPICALI_ C9 I m7 trra:l RnWMo1 and BM11 an dIF LiarYd Pr•lamlWld Engnw uMS q. Isw d tl1I SY4 d Yivvea1ln ..MUD YO O AO Y1t aARNr .a Yl a p;xaa it rNyl Ax[ OLIVER CO. HOTELS WATERPARK BROOKLYN CEN)ER,MN —I- DETAILS RG YINOIA RRR®.a C8.00 EaP.Y a 250 Aid A..— &A. ISO j IMr.pN., W 54401 TEL 69/33640" FAX MINNEAPOLIS DULUTH I I 350 PARKING STALLS __1.L1I1.1_I ���LIiIILL t L SW I 4 0 S b tl 11Y Y1Al IO¢T IOIX .IIOI M YIO.I. Gj taoa, nAn' Ym r a,c X SERVICE AREA Y 1 l LIVER INDOOR WATER PARK.. �P t_ 32.000 SQ F T. OM DULUTH 5SW7 5713 G UTH M I sm c sm L PLANT MATERIALS S CHEDULE C T ax •c o�ns.°°`o s X i u...vY V i d 11em0 LIM i i Vr r E Y{\ l� -i�R.Y �f■ wrc u•w mn 500 *-w M.Ad. A mmm Vil im F I I A, I IW W.* .✓r mi MUMN MWM I „/r r OLIVER CO. 2 W k mw an om sm HOTELS irorw r nwsatl Y�.a�...laY ft— DQEPm WATERPARK ITI T op a.0 .AL Xa I r r r .YQn Yu1 DmDmn I Fm Y' r BROOKLYN CENTS MN oY.c >m nol mace .YUx 400 I Yaa nm mY i X4 I f— Il"- -Mmb' W&V A M VIRO W I is nn[ I i v I XOY PAVOW 7W c 1 015 m LANDSCAPE r �Y A PLAN n I &-.w &-.w le �w mr� I b P% V f n I r. dl-- r.r UM MXXO WK oruArt I !s Fm I W ib ..R ors Ar,• WX W FMO= I K wr /_gym ;_I.l!IT"'� I.� �..Y•� L1.00 1 Sac i/o I/ to Hf/ Al )3j -j0 r M91 /.w4MmrpcM i.'' r L� Y 4 r Y Y b L 1 L Y YYNNE •COL19 a DULUTw Y Y L r r Y r L Y• Y Y Y 4 Y�✓ Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y u v Y r f r Y� Y l Y r Y r Y Y Y► r �Y Y L Y Y r Y Y r r r r Y b Y r r r L u r Y Y b 4 Y• r Y Y Y b r Y Y r I r 'L ,J r r r r r iyGS� 1• Y Y 6 b t Y Y b rl Y Y Y Y Y YYYbY Y r >y PJ b r YY rb YrrY brr nw O Yrr Yrrr Y u �rYYrGL OLIVER I' r r r M Y_ COMPANIES YYYY INDOOR WATER PARK II 5717GRflRSAME.SUREN r 32,000 SO. 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Flf k tom_ it i c l 1 1�_ �,'Iwl�l ■w��I� its adoption: Member introduced the following resolution and moved PLANNING COMMISSION RESOLUTION NO. 2005 -02 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2005 -010 SUBMITTED BY LHB ARCHITECTURE WHEREAS, Planning Commission Application No. 2005 -010 submitted by LHB Architecture proposes rezoning from CIA (Service- Office, no. height limit) to PUD /ClA (Planned Unit Development/Service- Office, no height limit) of a 6.2 acre site located on the east side of the west leg of Earle Brown Drive (to be addressed as 6300 Earle Brown Drive); and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a 250 room hotel containing a 100 seat restaurant and a 32,000 sq. ft. water park facility on the above mentioned site; and WHEREAS, the Planning Commission held a duly called public hearing on June 16, 2005 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission considered the Planned Unit Development request in light of all testimony received, the Guidelines for Evaluating Rezonings contained in Section 35 -208 of the City' s Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City' s Zoning Ordinance and the City' s Compre- hensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2005 -010 submitted by LHB Architecture be approved in light of the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City' s Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with ordinance standards except for allowing a green strip along the Earl Brown Drive right of way that is less than 15 ft. This modification from the CIA ordinance standard is justified on the basis of the development plan being an appropriate plan for this area and that it is off set or mitigated by various factors contained in the approved site plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City' s Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. 6. In light of the above considerations, it is believed that the Guidelines for Evaluating Rezonings as contained in Section 35 -208 of the City' s Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2005 -010 be approved subject to the following conditions and considerations. 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. 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 building permits to assure completion of all required site improvements. 4. A minimum B-612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. 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. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. Li 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 11. The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 12. The applicant' s storm water management plan shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of building permits for this project. 13. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C1A underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 14. The development plans shall be modified in the following manner. a. To provide a 3 /zto 4 ft. high decorative fence along the edge of the property line abutting the Earle Brown Drive right of way to off set or mitigate the negative aspects of a reduced green strip. The decorative fence shall consist of concrete piers and wrought iron similar to that provided at the 69' and Brooklyn Boulevard project. b. A modified landscape plan to be consistent with the landscape point system requiring 412 landscape points and a proper distribution of plantings on the site. c. Modification to the parking plan to provide a minimum parking space width of 8 ft. 8 in. Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member thereof: and upon vote being taken thereon, the following voted in favor and the following voted against the same: whereupon said resolution was declared duly passed and adopted. `I L.�J Member introduced the following esolution and moved adoption: g its RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2005 -010 SUBMITTED BY LHB ARCHITECTURE WHEREAS, Planning Commission Application No. 2005 -010 submitted by LHB Architecture proposes rezoning from C1A (Service Office, no height limit) to PUD /CIA (Planned Unit Development/Service- Office, no height limit) of a 6.2 acre site located on the east side of the west leg of Earle Brown Drive (to be addressed as 6300 Earle Brown Drive); and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a 250 room hotel containing a 100 seat restaurant and a 32,000 sq. ft. water park facility on the above mentioned site; and WHEREAS, the Planning Commission held a duly called public hearing on June 16, 2005 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission recommended approval of Application P PP No. 2005 -010 by adopting Planning Commission Resolution No. 2005 -02 on June 16, 2005; and WHEREAS, the City Council considered Application No. 2005 -010 at its June 27, 2005 meeting; and WHEREAS, the City Council considered this Planned Unit Development request in light of all testimony received, the Guidelines for Evaluating Rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance, the City's Compre- hensive Plan and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2005 -010 submitted by LHB Architecture be approved in light of the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. RESOLUTION NO. 3. The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with ordinance standards except for allowing a green strip along the Earl Brown Drive right of way that is less than 15 ft. This modification from the C1A ordinance standard is justified on the basis of the development plan being an appropriate plan for this area and that it is off set or mitigated by various factors contained in the approved site plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. 6. In light of the above considerations, it is believed that the Guidelines for Evaluating Rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2005 -010 be approved subject to the following conditions and considerations. 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. 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 building permits to assure completion of all required site improvements. 4. A minimum B -612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. RESOLUTION NO. 6. 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. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 11. The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 12. The applicant's storm water management plan shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of building permits for this project. 13. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C1A underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 14. The development plans shall be modified in the following manner. a. To rovide a 3 '/z to 4 ft. high decorative fence along the edge of the P g g S property line abutting the Earle Brown Drive right of way to off set or mitigate the negative aspects of a reduced green strip. The decorative fence shall consist of concrete piers and wrought iron similar to that provided at the 69' and Brooklyn Boulevard project. RESOLUTION NO. b. A modified landscape plan to be consistent with the landscape point system requiring 412 landscape points and a proper distribution of plantings on the site. c. Modification to the arkin plan to provide a minimum parking P g P P p g s P ace width of 8 ft. 8 in. June 27. 2005 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being p g thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25 day of July, 2005, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (to be addressed 6300 Earle Brown Drive). Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (TO BE ADDRESSED 6300 EARLE BROWN DRIVE) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1180. Service /Office District (C1 -A). The following properties are bereby established as being within the (C1 -A) Service /Office zoning classification: Lets l and Lot 2, Block 1, Brooklyn Farm Plat Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development zoning classification: 6. The followine properties are desienated as PUD /C1 -A (Planned Unit Develooment/Service /Office District): Lot 1. Block 1. Brooklvn Farm Plat Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of July, 2005. ATTEST: Mayor City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 16, 2005 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Rachel Lund, Rex Newman, Sean Rahn, Dianne Reem, and Tim Roche were present. Also present were Councilmember Kathleen Carmody, Community Development Brad Hoffinan, Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. APPROVAL OF MINUTES —MAY 12. 2005 There was a motion by Commissioner Newman, seconded by Commissioner Roche, to approve the minutes of the May 12, 2005 meeting as submitted. The motion passed unanimously. 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. 2005 -010 LHB ARCHITECTS Chair Willson introduced Application No. 2005 -010, a request from LHB Architects for rezoning from C1A to PUD /C I of a vacant 6.2 acre site located on the east side of the west leg of Earle Brown Drive adjacent to the Earle Brown Heritage Center. The application involves development plan approval through the Planned Unit Development (PUD) process of a 250 room hotel containing a 100 seat restaurant and an enclosed attached water park facility. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 6 -16 -05 for Application No. 2005 -010, and the City Engineer/Public Works Director's report, attached.) Mr. Warren further explained that the proposed plan is for a four and six story, 250 room hotel attached to a four story high water park facility. An enclosed walkway connection between this complex and the Earle Brown Heritage Center would also be made tying the two facilities together. Commissioner Boeck asked if the fence being required in lieu of the 15 ft. green strip be tied in with the fence located at the Earle Brown Heritage Center and be so stated in the conditions of 6 -16 -05 Page 1 approval. Mr. Warren responded that a specific fence type could be added to Condition No. 14a based on the Planning Commission's recommendation for decorative fencing. PUBLIC HEARING —APPLICATION NO. 2005 -010 There was a motion by Commissioner Newman, seconded by Commissioner Lund, to open the public hearing on Application No. 2005 -010, at 8:53 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. John Sheehan, Cambridge Commercial Real Estate, explained that he specializes in hospitality facilities and represents the applicant along with the architect and landscape architect. In response to a comment by Commissioner Roche, Chair Willson commented on a post card that had apparently been mailed to a number of citizens in Brooklyn Center from an anonymous group called the Concerned Citizens for Responsible Growth in Brooklyn Center. He pointed out that the card erroneously implied that the Planning ommission would be discussing and g g commenting on the financing for the proposed hotel /water park. He noted that the Planning Commission's responsibility is to comment and make recommendations on the site and building plan proposed and zoning ordinance issues only. It was not the Commission's function to comment on the financing and that they would not be entertaining such comments. Chair Willson inquired about the fencing and landscaping on the site. Mr. Sheehan responded that the fencing will not be an issue and they will provide fencing on the site as requested by the Commission. Mr. Bruce Chalupsky, landscape architect for LHB architects, explained that they will make modifications to the plan to provide what the city requires for landscaping. He added that additional coniferous trees could be added as suggested by the Commission. Commissioner Boeck stated that the report indicates that the water park will not be offered to the public `generally' and asked for further clarification. Mr. Sheehan responded that there are no plans to offer the water park for use by the general public. It will be available only to patrons of the hotels and the Earle Brown Heritage Center. A key would be required to gain entrance to the hotel water park. Mr. Warren pointed out that there are no accommodations on the site for additional parking for people wishing to use the water park that are not hotel guests. Commissioner Lund asked to be shown on the plan specifically where lighting would be located on the site. Mr. Warren pointed out to the Commissioners where the lighting would be placed in the parking lot areas. Mr. Roger K. Logan, 5548 Humboldt Avenue North, asked who is funding this project. Chair Willson explained that, to the best of his knowledge, this project would be funded privately, however, funding of the project is not an issue reviewed by the Planning Commission. 6 -16 -05 Page 2 Mr. Howard Roston, 1728 Trail Road, Mendota Heights, stated that he was an attorney representing the Concerned Citizens Group, and that the funding should be a part of the comments of the Commission along with the PUD. Chair Willson asked Mr. Roston for more information regarding the group he is representing. Mr. Roston stated that his organization is set up as a non profit group in the State of Minnesota and they do not think that the standards for the PUD have been satisfied and would recommend denial of the application. He added that as far as the funding goes there are public funds being used. Chair Willson again stated that the Planning Commission does not take into consideration funding for any site and building plan application. Mr. Roston continued by stating that one of the things the Planning Commission does take into consideration is whether or not there is a public need. He stated that he feels it is important to take that into consideration when considering funding. There is $2,000,000 of TIF money going into this project and because of that they feel that TIF should not be used for a private project. In addition to TIF, the City has essentially transferred ownership of this property to the developer with a non payment requirement for 20 years. He went on to say that they think that the use of TIF does address the public use concerns under the PUD requirements and therefore should be denied. He added that there also seems to be some storm water management questions unanswered and there are significant questions regarding the capacity of sanitary water sewer particularly and should be figured out before the city approves development of the last available parcel in the city. Chair Willson stated that State law authorizes local governments to utilize Tax Increment Financing (TIF) as a development /redevelopment tool. The City Council authorizes such funding mechanisms for qualifying projects under these guidelines. Commissioner Boeck asked if Mr. Roston is familiar with TIF. Mr. Roston responded yes. Commissioner Boeck asked if Mr. Roston is aware that TIF is utilized in all the northwest suburbs such as Brooklyn Center, Brooklyn Park, Crystal, Maple Grove, etc? Mr. Roston responded that he feels that in this case it (TIF) is being misused. Commissioner Roche asked how many members there are of the Concerned Citizen's Group and who the president is? Mr. Roston responded that he did not know the number in the group nor could he recall the president's name. At the urging of an unidentified member of the audience Mr. Roston provided the name of the president, that being Mr. Raymond Kittleson. 6 -16 -05 Page 3 Mary Revard, 1333 68` Lane N, stated that she feels that the whole project ruins the integrity of the area and would prefer something that benefits the senior citizens in the area. She added that the existing roads cannot handle traffic and feels that small businesses would be a better fit for the area. Wayne Paulson, 5330 Colfax Avenue North, stated that the city does not.need another hotel in Brooklyn Center especially with a water park since there is already one in Brooklyn Park. He added that there are already 10 or 12 hotels in the area and they are not filled up. He stated that he has talked to hotels in the area and they are against this proposal. Bonnie Jude, 1315 63` Lane N, asked if there has been any other development proposal presented to the city for this area. Chair Willson stated that a use such as this application has been in the City's long range planning for several years and this is the first interested applicant/developer for such a use. Ms. Jude responded that she sees this as a good use for the area and it will bring back some life to an area that seems to be dying. Rosemary Gordon, 6666 Xerxes Place N, stated that Mary Jo Copeland had presented a proposal for this area a number of years ago. Mr. Warren responded that Mary Jo Copeland's proposal never was formally submitted to the City Council and that a proposal such as hers would have required a rezoning of the property from commercial to residential. He added that after a town meeting with the Brooklyn Center residents, there were informal discussions with the city and it was determined that it was not a proposal that the City wished to pursue through a rezoning. Ms. Gordon stated that she wanted to talk about the hotel situation in Brooklyn Center and feels that there are already too many hotels in the city which has increased crime in the city. Roger K. Logan, 5548 Humboldt Avenue North, stated that he has lived in Brooklyn Center for 18 years. There are too many hotels in the city and they hardly have any customers. More hotels will only go broke. No other persons from the public appeared before the Commission during the public hearing on Application No. 2005 -010. Commissioner Lund left the meeting at 9:20 p.m. CLOSE PUBLIC HEARING There was a motion by Commissioner Roche, seconded by Commissioner Newman, to close the public hearing on Application No. 2005 -010, at 9:24 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. 6 -16 -05 Page 4 ACTION TO RECOMMEND APPROVAL OF RESOLUTION NO. 2005 -002 There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to approve Planning Commission Resolution No. 2005 -02 regarding the recommended disposition of Planning Commission Application No. 2005 -010 submitted by Scott Anderson of LHB Architects for Rezoning from C 1 A to PUD /C 1 A and Development Plan Approval through the Planned Unit Development (PUD) process for a 250 room hotel and water park on a 6.2 acre site to be addressed as 6300 Earle Brown Drive. The motion passed unanimously. Voting in favor: Chair Willson, Commissioners Boeck, Newman, Rahn, Reem and Roche. The motion passed unanimously. Resolution No. 2005 -02 is made part of these minutes by attachment. The Council will consider the application at its June 27, 2005 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 Chair Willson gave an update on the June 15, 2005 Opportunity Site Task Force meeting to the Commission. He added that they are presenting a status update to the City Council at the June 27, 2005 meeting. Chair Willson announced that this is Commissioner Reem's last meeting and he expressed his appreciation for her hard work and professionalism on the Commission for the past 12 years. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Newman to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9: 35 p.m. Chair Recorded and transcribed by: Rebecca Crass 6 -16 -05 Page 5 City Council Agenda Item No. 9a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE BUSINESS AND COMMUNITY ORGANIZATION SPONSORS OF EARLE BROWN DAYS WHEREAS, many businesses and community organizations have sponsored the Earle Brown Days festival; and WHEREAS, the City Council is appreciative of the contributions and commends the business and community organizations for their civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following business and community organizations are hereby recognized and appreciated: Bremer Bank Brooklyn Center Dale Greenwald Brookdale Center Honeywell Federal Credit Union Brooklyn Center American Legion Post #630 Kennedy Graven, Chartered Brooklyn Center Business Association LEEF Services Brooklyn Center Fire Relief Association Luther Brookdale Chrysler JEEP Dodge Brooklyn Center Lions Club Malmborg's, Inc. Brooklyn Center Rotary Northport Medical Center Brooklyn Community Business Council P &H Services, Co., Inc. BrookPark Dental Center Pilgrim Dry Cleaners CBS Construction Services, Inc. Visit Minneapolis North Carson, Clelland Schreder State Farm Tom Sullivan Agency Cass Screw Machine Products TwinWest Chamber Christy's Auto Service Wells Fargo Bank Brooklyn Center City- County Federal Credit Union Karen Youngberg of REMAX Associates Plus Grand Casino Hinckley Julv 25. 2005 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. 9b y OW G ZTY Op BROOKLYN CENTER if Of �6rf ty et`t POLICE DEPARTMENT M MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Bechthold, Chief of Police DATE: July 15, 2005 SUBJECT: City Council Proclamation National Night Out 2005 Attached, please find a proclamation, declaring August 2, 2005 National Night Out, for inclusion on the next council meeting agenda. SB/he Enc. PROCLAMATION DECLARING AUGUST 2, 2005, NATIONAL NIGHT OUT IN THE CITY OF BROOKLYN CENTER WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide crime, drug, and violence prevention program on August 2, 2005, entitled "National Night Out and WHEREAS, the "22n Annual National Night Out" provides a unique opportunity for the City of Brooklyn Center to join forces with thousands of other communities across the country in promoting cooperative, police community crime prevention efforts; and WHEREAS, it is essential that all citizens of the City of Brooklyn Center be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime, drugs, and violence in the City of Brooklyn Center; and WHEREAS, police- community partnership, neighborhood safety, awareness, and cooperation are important themes of the "National Night Out" Program. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent of the Brooklyn Center City Council, do hereby proclaim to join in supporting the "22n Annual National Night Out" on August 2, 2005; and be it further resolved to proclaim Tuesday, August 2, 2005 as "NATIONAL NIGHT OUT" in the City of Brooklyn Center. July 25. 2005 Date Mayor ATTEST: City Clerk City Council Agenda Item No. 9c Updated Materials for City Council Agenda Item 9c 7 ('1 177) C 00000000000000000000000000000 F] 0 CODE ENFORCEMENT VIOLATION SUM- IARY 0 0 Actions Taken Jan -April Summer Sweep Jan -July (May —July) First Letters 312 390 702 'I Second Letters 65 37 102 q Thank You Letters 81 219 300 F Citations/Formal 6 10 16 Complaints Unfounded 15 10 25 Complaints Total Violations 360 448 808 F-I Three Year Com o (Total Code Violations) 0 1:1 Summer Swee Jan -Jul El Year Jan -April p Y (May —July) 2003 354 937 =29'- 0 0 0 0 2004 72 770 942 0 0 0 0 2005 360 448 808 0 0 0 0 o 0 0 El 0 CODE E 0 0 0 o ■Citations were issued to individua- that F] were unwi =-ing to comp -y o ■Forma complaints were filed for t�iose a o individua-s w =10 were unwi ing to contact us o ■Extensions were granted for individuals with urge projects or to those w�lo were o financia -y unab -e to comp. y, but were F] aggressive-y working wit- us to find solutions D IMPROVEMENTS FOR CODE ENFORCEMENT IN 2005 o 1 NLO for west side ■Increased cooperation i 1 NLO for east side of city with apartment complexes o ■Higher level of ■Increased neighbor El communication with involvement with code El residents violations El 1-1 ■Improved compliance rate ■Higher public awareness El of the program ■Increased focus on ■Overall improved problem properties p monitoring of the City El R ■Increased referrals to social service agencies 0 El i F-I Ion lul El El c El 2003 2004 2005 Citywide 12,368 12,623 ..2,81" Brookda- e 510 485 483 Mote 561 559 561 0 L Apts 2,308 2,142 2,088 r, F-I J1 il Apartment C Apartment C Bassv�d Apts 11 0.09 1 Maranatha Place 65 0.06 4 El Brookoale Manor 21 0.00 0 Marvin Gardens 52 0.04 2 Brookoale Towers 50 0.12 6 Melrose Gates 217 0.09 20 Brookhaven Apt 54 0.06 3 River Glen 128 0.15 19 Brooeide Manor 90 0.27 24 Riverwood Estate 84 0.23 19 Carrington Drive 128 0.24 31 Shingle Crk Twr 122 0.12 15 E] Cente�pointe 252 0.37 92 Sommerset 36 0.31 11 Crssg� at Brkwd 138 0.01 2 Sterling Square 54 0.37 20 Earle Orown Terr 140 0.00 0 The Lilacs 22 0.09 2 El Earle Orown Farm 120 0.03 4 The Pines 102 0.36 37 Emerson Chalet 18 0.56 10 Twin Lake Mnr 310 0.32 100 Evr 9 r Park Mnr 80 0.33 26 Twin Lake North 276 0.01 2 Ewing Square 23 0.04 1 Unity Place 112 0.14 16 Garde City Ct 72 0.24 17 Victoria 48 0.23 11 Georgetown Park 92 0.35 32 Willow Lane 58 0.09 5 Hum*dt Courts 36 0.11 4 3401, 3413 47 22 0.09 2 Humb�ldt Square 18 0.00 0 350147 11 0.00 0 Lake Ohore 6 0.00 0 351347 11 0.00 0 Ji Apartme nt C Apartment C 3601 47� 11 0.27 3 5301 Du ont 6 0.50 3 El p 3613 4 11 0.64 7 4715 France 5 0.00 0 3701 4' 11 0.00 0 1 El 5843 Fremont 8 0.13 3713 4� 11 0.09 1 7230 WRR 8 0.13 1 El 4819 4elia 12 0.00 0 7240 WRR 7 0.14 1 6101 Bard 24 0.42 10 7250 WRR 7 0.14 1 6331/6401/6425 Bd 36 0.14 5 5207 Xerxes 12 0.00 0 6037 B� 11 0.09 1 2 El 5209 Xerxes 12 0.17 7018 BO 8 0.63 5 5211 Xerxes 12 0.50 6 5240 Dew 10 1.40 14 KEG, number of apartments in the complex C calls for service calls for service divided by the number of apartments O Apartment C Emerson Chalet 18 0.56 10 F-I 361347 11 0.64 7 F 5211 Xerxes 12 0.50 6 5240 Drew 10 1.40 14 4 ***on probation status 5301 Dupont 6 0.50 3 7018 BB 8 0.63 5 O 1:1 F 1 1 r 4Y ❑J El A total of 706 arrests and citations were made or issued during the two week period. 497 of these were for speeding. 11 400 vehicles were monitored at the intersection of 57th Avenue N. Logan Avenue N. 320 drivers were wearing seatbelts for a g compliance rate of 80 p 2 DWI arrests were made in the two week period. Officers recovered a Minneapolis stolen car and arrested 4 individuals. El I $mamma k SO ON 2 Y °P Oft a 3 e k CODE ENFORCE- VIOLATION SL:-VI -MARY i i 808 Three Year Comparison Total Code Violations a,.,,77 Mill I CODE E Citations were issued to individua-' t- were unwi =ding to comp =y Forma' comp_aints were fi'- for those individua w�10 were unwi "ling to contact us Extensions were granted for individuals wit barge projects or to f who were financia unab =e to comp-y, but were aggressive working with us to find solutions OVEMENTS FOR CODE ENFORCEMENT IN 2005 1 NLO for west side ■Increased cooperation 1 NLO for east side of city with apartment complexes i Higher level of ■Increased neighbor communication with involvement with code residents violations I Improved compliance rate ■Higher public awareness of the program Increased focus on "problem properties" ■Overall improved monitoring of the City Increased referrals to social service agencies I I i y I '��y i v jj13 gC l�g V ent C Apartment C d Apts 11 0.09 1 Maranatha Place 65 0.06 4 ale Manor 21 0.00 0 Marvin Gardens 52 0.04 2 ale Towers 50 0.12 6 Melrose Gates 217 0.09 20 aven Apt 54 0.06 3 River Glen 128 0.15 19 ide Manor 90 0.27 24 Riverwood Estate 84 0.23 19 ton Drive 128 0.24 31 Shingle Crk Twr 122 0.12 15 pointe 252 0.37 92 Sommerset 36 0.31 11 at Brkwd 138 0.01 2 Sterling Square 54 0.37 20 rown Terr 140 0.00 0 The Lilacs 22 0.09 2 rown Farm 120 0.03 4 The Pines 102 0.36 37 on Chalet 18 0.56 10 Twin Lake Mnr 310 0.32 100 Park Mnr 80 0.33 26 Twin Lake North 276 0.01 2 Square 23 0.04 1 Unity Place 112 0.14 16 City Ct 72 0.24 17 Victoria 48 0.23 11 town Park 92 0.35 32 Willow Lane 58 0.09 5 Idt Courts 36 0.11 4 3401 3413 47 22 0.09 2 Idt Square 18 0.00 0 350147 11 0.00 0 hore 6 0.00 0 351347 11 0.00 0 nt C Apartment C 11 0.27 3 5301 Dupont 6 0.50 3 11 0.64 7 4715 France 5 0.00 0 11 0.00 0 5843 Fremont 8 0.13 1 11 0.09 1 7230 WRR 8 0.13 1 elia 12 0.00 0 7240 WRR 7 0.14 1 and 24 0.42 10 7250 WRR 7 0.14 1 01/6425 Bd 36 0.14 5 5207 Xerxes 12 0.00 0 11 0.09 1 5209 Xerxes 12 0.17 2 8 0.63 5 5211 Xerxes 12 0.50 6 ew 10 1.40 14 E I Apartment C Emerson Chalet 18 0.56 10 361347 11 0.64 7 5211 Xerxes 12 0.50 6 5240 Drew 10 1.40 14 ***on probation status*** 5301 Dupont 6 0.50 3 7018 BB 8 0.63 5 4 a F i A total of 706 arrests and citations were made or ssu�e during thy' two week perlad. 1 497 of these were for speeding. 400 vehicles wererionitore at theinterseotou af� r y &Logan =veue 30 d river s" ere wearing setbelt fay 3 cc�mpHance rate ©f0 %0. s L DWI, arrests were tnade n the't�va week ertod u r Officers recovered a Minneapolis salen car aid wrested 4 individuals'. Tw© ofthe dlv duatls are cc n T Me d an g, members♦ 3: 5 I F AGENDA CITY COUNCIL \ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION July 25, 2005 Immediately Following Regular City Council and EDA Meetings Starting at 7:00 P.M. City Council Chambers 1. Discussion of concept for redevelopment of area previously considered for senior housing on 57"' 2. Council Member Carmody: discussion of Watershed Commission update on capital projects etc. 3. Council Member Niesen: discussion of Council Member Niesen's suggested rental housing ordinance changes 4. Council Member Carmody: discussion of policy regarding changes to City Council minutes 5. Council Member O'Connor: discussion of rental fees for duplexes 6. Miscellaneous 7. Adjourn I T City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCa�Y City Manager Date: July 21, 2005 Re: Acquisition of properties across from Northbrook In April of 2004, the FDA selected Northbrook. the area across from Northbrook, and the Brookdale Ford areas as the focus for redevelopment in Tax Increment Financing District #3 (with the acquisition of Brookdale Square outside TIF District #3 as a first phase of the Opportunity Site) as such acquisitions would be feasible. In late 2004, $17 Million in Tax Increment bonds, augmenting cash balances in the TIF District, were sold to implement this focus. Over a number of months, we had discussions regarding a potential senior housing project on the property across form Northbrook_. Subsequent to the discontinuance of those discussions, there has been discussion about the voluntary sale of properties across from Northbrook to the EDA. As set forth in Mr. Hoffinan's memorandum, it appears that the owners of the auto parts building and drywall company are interested in negotiating a potential sale to the EDA and that the owner of the 3 property may also have some interest. As acquisition would be consistent with the direction undertaken last year, staff is proposing to enter into negotiations to develop an acquisition agreement for EDA consideration. In April, the rough cost of acquisition, exclusive of relocation and demolition, was set at $1.8 Million for 4 parcels: the vacant lot adjacent to Super America (2001 57"'), the auto parts /dollar store building (2105 57 the drywall building (2121 57"'), and the senior day care center (5650 Lilac Drive). The asking price to acquire the 2 properties (2105 and 2121 57"') is $1.6 Million. The 2 properties in question are shown in the attached aerial photo outlined in blue. The other 2 parcels are outlined in red.To the extent that the drywall shop acquisition would include relocation, that would reduce the overall costs. If we proceed with negotiations, those negotiations would involve acquisition price and related issues. We assume a premium to acquire under these circumstances, but the asking price is approximately 1.8 times the assessed value of the 2 properties. As indicated, the extent to which the asking price would include waivers of relocation would impact an assessment of the reasonableness of costs. The current situation regarding acquisition in the focus area is that we have not been able to negotiate an acquisition of the Brookdale Square property (the owners are still at $10 Million) and Brookdale Ford. We are in litigation regarding the Northbrook site. The 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 EDA has authorized eminent domain actions to acquire Brookdale Ford and Brookdale Square. Eminent domain actions have not vet been started to acquire Brookdal For or Brookdale Square. The resources available for acquisition, demolition, remediation, and relocation were estimated at around $22 Million in April of 2004. A rough view of the resources available and committed (given the uncertainties of litigation and the inability to negotiate a reasonable resolution of the acquisition of Brookdale Ford and Brookdale Square to this point, any view of costs is for purposes of magnitude and is a point of reference) indicates: Northbrook $5,000,000 Brookdale Ford $6,000.000 Brookdale Square $5,000,000 Rough Total $16,000,000 Resources $22,000,000 (bond proceeds cash accumulated to date) Routh Total $16,000.000 (Northbrook, Brookdale Ford, Brookdale Sq.) Balance 6,000,000 Potentially proceeding with the acquisition of property across from Northbrook would reduce the balance available to deal with Brookdale Ford and Brookdale Square. At this point we do not know where we will end up with respect to those two properties. The question for the EDA is whether it would entertain the possible acquisition through negotiation of the properties across from Northbrook that would be voluntarily sold by their owners. Relocation benefits would accrue to tenants. If the EDA is interested in considering acquisition of the parcels across from Northbrook, staff would negotiate to see if purchase agreements could be reached for presentation to the EDA for consideration. If the properties were to be acquired, they could be included in the request for proposals for the Northbrook site. Page 2 07/21/2005 MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: July 20, 2005 SUBJECT: Potential Property Acquisition I received a call from Brian Beltrand, V, elsh Companies, inquiring if the EDA was still interested in purchasing the properties located at 21.05 57 Ave. North and 2121 57 Ave. North. Brian represents the owners of these properties. The two (2) properties made up the proposed VOA Senior Housing project. I met with Brain on Monday the 18 I asked him to confirm the owner's current desire to sell the properties. I also requested that he ask Tony Yang, the owner of 5650 57 if he desired to sell his property. while we were considering the initial site for the senior building Mr. Yang indicated that he did not want to sell. He later contacted welsh Companies and indicated that he would like to reconsider selling his property. At this time we have not had a response from Mr. Yang as to his current intnent. The other two (2) property owners would like to sell their property to the EDA if we would still be interested. Under the terms of the original agreement, the EDA would pick up the purchase of the properties and associated closing costs. The Acquisition of the two (2) properties would be $1,600,000. They would also like to have the EDA pass an inducement resolution for eminent domain thus allowing them two (2) years to reinvest their gains. If the EDA were inclined to acquire these properties for redevelopment, they could potentially be coordinated with the redevelopment of the Hmong America Center. I need to respond back to the property owners next week. ra. 57TH 57TH P O LILAC 2121. r 2105 5650 V t.. i 4TjBRo Page 1 of 1 Michael McCauley From: Kathleen Carmody Sent: Friday, July 15, 2005 10:25 AM To: Michael McCauley Subject: Watershed Update Mike, Please forward this information to the rest of the council. Council Member O'Connor and I both attended the watershed meeting yesterday (Thurs., July 14) and discovered some new information. 1. The Brooklyn Park project for the Shingle Creek Shoreline Restoration Project had its public hearing. All the commissioners (including ours) spoke in favor of the project. The surprise for me was the cost of the project. What was planned at a $300,000 expense is now costing $757,400. The bad news is that the $300,000 is what was sent in the letter just two months ago and was considered a "reliable planning figure" and was set forth by the "Commission's technical advisors Mike is checking to see if that means the Technical Advisors Committee or Wenck and Associates. I think that is a huge mistake. The good news is that the Watershed's contribution through the ad valorem tax will still be $75,000. If we wait for this to be under the proposed funding policy, our share will be quite a bit higher. There was also some information presented about the "muck" that would be loosened up when the concrete dam is removed. Guess where that "muck" will end up. Supposedly, they have addressed the problem, but Mike is going to have Todd Blomstrom look at the situation and see what he thinks. 2. Currently, the Watershed exempts all government entities from paying the commission fee for development or redevelopment projects that they review. That will be changing and all of our projects that go before the watershed will be charged. Currently that happens for private development, for instance a business wants to build on new land in Brooklyn Park and they are charged for the review. This will add all of our street reconstruction projects. There will be a $1000.00 fee for each project review. This is in addiction to the dues that we already pay to the commission. Grady Boeck was the only commissioner who expressed some dismay with this policy. I believe it was proposed by the consultants and not the commissioners. 3. Maple Grove had a project reviewed by the Watershed for the Arbor Lakes area that included a Holiday Inn that would have a water park. However, I spoke with Karen Jaeger about it and she said that no TIF money would be used and they are not getting sued. She also said that there council was not too happy with it because they thought they were getting a really high class hotel and not one with a water park. 4. Proposed funding policy: When I brought up that we should not do projects like Brooklyn Park's because it was done on an ad hoc basis, Ed Mathisen said that they didn't have enough projects from the cities to do any more than an ad hoc basis. (It was the public hearing for BP's project, so I didn't ask why we are considering a new funding policy if we only have ad hoc projects.) When we got to the proposed funding policy discussion later, they were going to gloss over it. I asked those cities that had not responded yet, why they had not. Minneapolis will probably be okay with it, but it is a speck on their radar. The Robbinsdale city engineer (who is a consultant, not an employee of the city) responded that he was trying to figure out what exactly his city council had told him. The Osseo commissioner, who is a rather controversial city council member (he got up and stormed out of their last council meeting) blamed it on their city administrator not bringing it before them. Of course, this completely disregards the fact that he could and should be bringing it up before them. Champlin didn't respond. 5. Ginny Black, the Plymouth City Council member and I met with Steve Lampi and he was amenable to getting Brooklyn Pak to clean up some of its issues and move in conjunction with the watershed group as a whole. We are going to try to approach the Osseo City Council next, followed by Robbinsdale. It should be an interesting reception. If you have any questions, we can discuss them at the work session. I wonder if we want to reconsider our response in light of the new costs. I believe it will pass with or without us on a unanimous vote. Kathleen 07/19/2005 I Mayor Pro Tern Carmody expressed that she has an objection to sending Councilmember Niesen's letter to the Housing Commission because she believes the Housing Commission discussed and covered her letter at its meeting. She believes the Housing Commission was uniform in what they were recommending and that this discussion should continue to a Work Session. Councilmember Niesen expressed that she would support discussing this at a Work Session and informed that she would take the time to draft a table of contents. Councilmember Niesen made a motion directing this discussion to the July 25, 2005, Work Session to allow her time to make a table of contents, highlight and summarize her letter into a one page or less document, and to look at other city ordinances for examples, seconded by Councilmember O'Connor. Motion passed unanimously. 9e. UPDATE ON TWIN LAKE SEDIMENT STUDY Mr. McCauley discussed that the west remediation preliminary goals were developed dated June I, 2005, which will eventually result in a public hearing and processes with the Minnesota Pollution Control Agency as they negotiate with Joslyn over what would be the final remediation plan. The lake sediment issue is pending while that remediation negotiation goes on and the fish that were collected and being sampled is still being validated with a due date of September 2005. The City's consultant continues to monitor what is happening. Councilmember O'Connor questioned where the west remediation area is located. Mr. McCauley discussed that is the part not contained in the Joslyn redevelopment, north of Twin Lake Avenue and west of Wickes. She inquired if it goes into the lake. Mr. McCauley discussed that the lake issue is the sediment issue and is the question if they will have to do any remediation. Councilmember Niesen provided a brief history of the area and the study. 9f. DISCUSSION OF 2006 BUDGET: COUNCILMEMBER O'CONNOR Councilmember O'Connor discussed she would like to know if the $79,000 tax levy will be added to the three percent and be a larger percent increase for peoples' property taxes. Mr. McCauley discussed that the $75,000 would be a substitution of a tax used for eneral fund operations to g P replace the $75 000 bond levy that would o away. She in w the it P inquired ho C would charge people. Y g q Y le. g P P Mr. McCauley discussed the $75,000 is a general ad valorem tax but the general ad valorem tax is used for debt service. She inquired if the taxpayers would see it as a separate line item on their property taxes. Mr. McCauley responded that in terms of the budget adoption, the debt service levy is adopted as a separate levy adoption in the resolution. Councilmember O'Connor questioned if the City's total budget would be going up from what it was in this current year and if it is possible to not have a three percent increase on taxes and maybe make it two percent. Mr. McCauley responded that the total budget is going up and that the City is operating on less money and the net target for the general fund is twosome percent increase overall. The actual expenditure increase that will be developed in the draft budget will be less than three percent in terms of expenditures. 06/13/05 -12- Page 1 of 1 Michael McCauley From: Kathleen Carmody Sent: Friday, July 15, 2005 9:59 AM To: Michael McCauley Subject: Council corrections to the minutes Mike, Could you please draft some sort of resolution for discussion at a work session or the next council meeting that addresses changes to the minutes? I would like it to require changes to be in writing t the council table b 6:00 .m. of the night the are to be 9 Y P 9 Y approved. If changes cannot be sent within that timeline, then the council will move to table the minutes for two weeks to the next meeting and changes will be in writing and included in the following meetings packets. Otherwise changes will not be considered. Thanks, Kathleen i 07/19/2005 City of Brooklyn Center A Millennium Community To: Mayor Kragness and C cil Members Cannody, Lasman, Niesen, and O'Cormor From: Michael J. McCauley City Manager Date: July 21, 2005 Re: Council Member Carmody's request regarding a policy on minutes The rough outline of a policy in response to Council Member Carnody's request would be an additional paragraph on page 9 or 10 of the Council Handbook (adopted by resolution): Amendment of Minutes No amendment to the draft minutes included in the City Council packet will be in order unless the proposed amendment has been presented to the City Council in written form setting forth the complete text of the proposed amendment, including any proposed deletion of text. The proposed written amendment will not be entertained unless provided in written form and in sufficient copies for all City Council members, the Deputy Clerk and City Manager by 6:00 p.m. on the date of a regular City Council meeting. A Council Member who has not had sufficient time to prepare a written proposed amendment to the draft City Council minutes for the most recent meeting, may move to table the minutes to the next regular City Council meeting and if a majority vote in favor of tabling the adoption of the draft minutes, such minutes will be tabled to the next regular City Council meeting. No amendment to draft City Council minutes that have been tabled will be in order or entertained unless the amendment is provided to the City Manager in written form setting forth the complete text of the proposed amendment, including any proposed deletion of text, by noon on the Wednesday before the next regular City Council meeting following the meeting at which the minutes were tabled. 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 TAX (763) 569 -3434 FAX (763),569-3494 www.eityofbrooklyncenter.org e City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCaule City Manager Date: July 21, 2005 Re: Discussion of Rental license fees Council Member O'Connor requested an agenda item to discuss rental license fees for duplexes. 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