HomeMy WebLinkAbout2005 11-14 CCP Regular Session Public Copy
AGENDA
CITY COUNCIL STUDY SESSION
November 14, 2005
6:00 P.M.
City Council Chambers
1. Adjourn Study Session to Closed Session in All America Room, City Hall, to Discuss
Pending Litigation Regarding Brookdale Square: Bradley Operating Limited Partnership V.
City of Brooklyn Center
2. Reconvene Study Session Following Closed Session
3. City Council Discussion of Agenda Items and Questions
4. Discussion of Work Session Agenda Items as Time Permits
5. Miscellaneous
6. Adjourn
i
CITY COUNCIL MEETING
City of Brooklyn Center
November 14, 2005 AGENDA Revised
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. October 24, 2005 Study Session
2. October 24, 2005 Regular Session
b. Licenses
C. Resolution Approving Change Order No. 1, Improvement Project Nos. 2005 -01, 02,
03 and 04, Contract 2005 -A, Lions Park South Area Neighborhood Street and Utility
Improvements
CITY COUNCIL AGENDA -2- November 14, 2005
8. Planning Commission Items
a. Planning Commission Application No. 2005 -016 Submitted by The Luther Company
Limited Partnership. Request for Preliminary Plat approval to divide and combine to
reconfigure two existing lots addressed as 6800 Brooklyn Boulevard and 6700
Brooklyn Boulevard. This application is a companion application to 2005 -015. The
Planning Commission recommended approval of this application at its October 27,
2005, meeting.
Requested Council Action:
Motion to approve Planning Commission Application No. 2005 -016 subject
to the conditions recommended by the Planning Commission.
b. Planning Commission Application No. 2005 -015 Submitted by The Luther Company
Limited Partnership. Request for rezoning from C -2 (Commerce) to PUD /C -2
(Planned Unit Development /Commerce) of three contiguous lots located easterly of
Brooklyn Boulevard between I -94 and 69th Avenue North and development plan
approval through the PUD process for a two phase redevelopment and expansion of
the Brookdale Dodge automobile dealership and the former Ryan Olds property. The
Planning Commission recommended approval of this application at its October 27,
2005, meeting.
1. Resolution Regarding Disposition of Planning Commission Application No.
2005 -015 Submitted by The Luther Company Limited Partnership
2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the
Zoning Classification of Certain Land (Easterly of Brooklyn Boulevard
Between I -94 and 69th Avenue North)
Requested Council Action:
Motion to adopt Resolution.
Motion to approve first reading and set second reading and public
hearing on Ordinance for December 12, 2005.
9. Council Consideration Items
a. Report on Multi- Family Housing Outreach Presentation by Chief Scott Bechthold
Requested Council Action:
None. Presentation only.
b. Resolution Expressing Appreciation for Mutual Aid Assistance Provided by the City
of Golden Valley, City of Eden Prairie, City of Eagan, City of St. Louis Park, and the
City of Coon Rapids
Requested Council Action:
Motion to adopt resolution.
CITY COUNCIL AGENDA -3- November 14, 2005
C. Resolution Expressing Appreciation for the Donation of the Brooklyn Center Lions
Club in Support of the Annual Halloween Party
-Requested Council Action:
Motion to adopt resolution.
d. Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn
Center Lions Club to Conduct Lawful Gambling at AMF Earle Brown Lanes, 6440
James Circle North, Brooklyn Center, Minnesota
Requested Council Action:
Motion to adopt resolution.
e. Resolution Establishing 2006 Street and Storm Drainage Special Assessment Rates
Requested Council Action:
Motion to adopt resolution.
f. Resolution Setting the Interest Rate on Special Assessments for 2006
Requested Council Action:
Motion to adopt resolution.
g. Resolution Establishing a Permit Fee for Land Disturbing Activities
*Requested Council Action:
Motion to adopt resolution.
h. Resolution Amending the Personnel Rules and Regulations
Requested Council Action:
Motion to adopt resolution.
i. Resolution Approving the Memorandum of Understanding for Local 49 (Public
Works Maintenance) and the City of Brooklyn Center for the Post Employment
Health Care Savings Plan
-Requested Council Action:
Motion to adopt resolution.
j. Resolution Approving the Addendum for Law Enforcement Labor Services (LELS)
Local 86 and the City of Brooklyn Center for the Calendar Year 2006
Requested Council Action:
Motion to adopt resolution.
k. Park and Recreation Commission Recommendation Community Center
Membership Definitions
Requested Council Action:
Receive the report.
CITY COUNCIL AGENDA 4- November 14, 2005
1. Report Adopt -A- Garden Guidelines
Requested Council Action:
Receive the report.
m. Resolutions Calling for Public Hearing on Issuance of Conduit Bonds
1. Resolution Calling for a Public Hearing on the Issuance of a Health Care
Facilities Revenue Note and Authorizing the Publication of a Notice of the
Hearing
2. Resolution Calling for a Public Hearing on a Proposal for a Housing Finance
Program and the Issuance of a Housing Finance Program and the Issuance of
a Housing Revenue Note to Finance a Multifamily Housing Project Pursuant
to Minnesota Law, and Authorizing the Publication of a Notice of the
Hearing
Requested Council Action:
Motion to adopt resolutions.
10. Adjournment
City Council Agenda Item No. 7a
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O'Connor
Councilmember Carmody discussed Item No. 7e, Provisional License Renewal 5240 Drew Avenue
North, and inquired if monthly reports were submitted and if there was a mitigation plan.
Councilmember Lasman said she believes there was an update lan submitted and p to the Council late
last fall.
Community Development Director Brad Hoffman addressed the Council and said the report on
counted calls for service submitted by Lieutenant Nadeau does not show actual calls each month, it is
an accumulation from month to month. He said the property has been in compliance for some time,
and the owner has removed the problem and is working at trying to reduce the calls for service. He
said it is a small complex, so it doesn't take many calls to elevate the number.
Councilmember O'Connor asked why the owner needed a provisional and not regular license. Mr.
Hoffman responded the property must be in compliance for twelve months, as written in the
ordinance.
Councilmember O'Comior inquired how long the property has been in compliance. Mr. Hoffman
responded since approximately January 2005.
Councilmember O'Connor said she would like to meet with Mr. Baker to discuss the Summons and
Complaint from Bradley Operating LTD Partners of Brookdale Square. Mr. Boganey suggested this
may be scheduled with the City Manager.
Councilmember O'Connor inquired, with regard to the new brochure on smoke detectors, would all
rental units be treated alike. Mr. Boganey said the new brochure will clarify the requirements for
multi family and single- family units, giving multi family complexes sufficient time for each unit.
qnd si`n9 /e_-Fwoil
Councilmember O'Connor said it is a dangerous situation for multi family complexes
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ADJOURNMENT
Councilmember Lasman moved and Councilmember Carmody seconded adjournment of the Study
Session at 6:59 p.m.
Motion passed unanimously.
City Clerk Mayor
10/24/05 -3- DRAFT
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O'Connor
Councilmember Lasman moved and Councilmember Carmody seconded approval of a provisional
license renewal for 5240 Drew Avenue North.
Councilmember Niesen said she lives in the neighborhood of this property and there has been a
substantial improvement.
Councilmember O'Connor asked if another report would be provided regarding the number of police
calls. Mr. Boganey responded affirmatively and said the Police Department could revise the report
to more clearly reflect what the activity has been. n
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Councilmember O'Connor said the six -month provisional license has gone .x 6 ix months
since it was approved in November 2004. Community Development Director Brad Hoffman
responded affirmatively that the six -month provisional license expired in June 2005.
Motion passed unanimously.
11. ADJOURNMENT
Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City
Council meeting at 7:59 p.m.
Motion passed unanimously.
City Clerk Mayor
10/24/05 -9- DRAFT
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if the Commission is able to keep its current rules. R �OUn
Councilmember O'Connor said it is extravagant to have a separate building for people to make their
own television shows. She noted that the statistics for Channel 12 indicate a small amount,
approximately 36, people watching the Council meetings. Mr. Newman responded that viewership is
being reviewed, and at the last meeting there was an internet provider that presented how Council
meetings could be viewed over the internet and then people could watch the meetings anytime they
want.
Mayor Kragness said Northwest Community Television offers educational classes at no cost and
people can record their own programs.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION
NO. 2005 -154 to Support Continued Authority of Local Government Regarding Franchising of
Cable Services.
Councilmember Carmody said the infrastructure costs could be quite high if there is a lot of
competition. She stated the City shouldn't have to bear those costs and there needs to be more
restrictions on it.
Councilmember Niesen said the Northwest Suburb able Communications Commission does a
great job and had volunteered to learn how to oper to a camera for some shows during the holiday
season, and it is a learning experience and offers mmunications skills. She also agrees that loca
cerntrofiis to retain and er �5.
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Councilmember Lasman said it is important to retaiacal control to ca cast h't eg
Council meetings,
o
which is an outreach effort for the residents that is valued.
Councilmember Niesen said maybe more advertising or publicizing is needed to increase the
viewership.
Councilmember O'Connor voted against the same. Motion passed.
IOC. RESOLUTION ACCEPTING 2005 ANNUAL DEER MANAGEMENT
IMPLEMENTATION PLAN REPORT AND ADOPTING THE CITY
MANAGER RECOMMENDATIONS THEREIN RESOLUTION NO. 2005-
155
Mr. Boganey said the City Council adopted a deer management plan a few years ago and there were
two deer hunts, with the most recent being December 2004. He stated the hunt was not as successful
as expected and, therefore, it is recommended to have another deer harvesting period but to move it
into January 2006, which that will afford the bow hunters a much better opportunity to reduce the
herd. He said it is also recommended that the hunt be expanded to include the Kylawn Preserve park
area, as the most recent aerial survey shows the number of deer in the southeast part of the City
continues to grow.
10/24/05 -7- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
OCTOBER 24, 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 6:00 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, Community Development Director Brad Hoffman, and City
Clerk Sharon Knutson.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember O'Connor inquired about the Metropolitan Airports Commission report that was
included in the City Council's weekly update and asked if there were any projects within Brooklyn
Center. Acting City Manager Curt Boganey responded the report was the 2006 Capital Improvement
Program and for informational purposes. He said he didn't recall anything significant at the Crystal
airport, but any projects should be outlined in the packet.
Councilmember O'Connor informed that Rex Newman had submitted letters regarding
reappointment to the two commissions he currently serves as a member. She said he was seeking
reappointment to the Northwest Suburbs Cable Communications Commission and not seeking
reappointment to the Planning Commission and inquired about the reappointments. Mayor Kragness
said the reappointments would be made in January 2006.
Councilmember Lasman inquired why staff has no position regarding Agenda Item No. IOb,
Proposed Resolution from Northwest Suburbs Cable Communications Commission, and why the
City wouldn't want to pass this resolution. Mr. Boganey said he can't speak to Mr. McCauley's
memorandum, however, he said staff relies on the City's appointed representative to advise the
Council and there is more than one perspective on whether this should or should not go through.
Councilmember Lasman said the materials indicate that the City would not be able to cablecast City
meetings. She inquired how legitimate the statement is and needs clarification if this is true. Mr.
Boganey responded it is fair to say that the comments are true. He said this is proposed legislation
that still needs to be negotiated. He stated that the Northwest Suburbs Cable Communications
Commission believes this issue is adverse to its interests, and it is brought before the City Council to
determine whether or not the City wishes to support in its advocacy for the proposed legislation.
10/24/05 -1- DRAFT
Councilmember Carmody submitted copies of a document from the League of Minnesota Cities
entitled "Franchising Competitive Cable Service Providers."
Councilmember Lasman discussed Agenda Item No. l Oc, Resolution Accepting 2005 Annual Deer
Management Implementation Plan Report and Adopting the City Manager Recommendations
Therein, and inquired if the deer hunt would occur in both areas during the same time and whether or
not Brooklyn Park was interested in participating. Mr. Boganey responded affirmatively to the deer
hunt in both areas and said the City of Brooklyn Park has not expressed interest in participating. He
said Brooklyn Park provided police patrol two years of ago, but not last year.
Councilmember Carmody said she had submitted a correction to the October 10, 2005, Study Session
minutes on page 2, first paragraph, change "it is going good" to "it is going well." She also
submitted an addition to the October 10, 2005, Work Session minutes on page 2, add a new
paragraph after the seventh paragraph, "Councilmember Carmody stated that the watershed meeting
packets are not available until the Friday prior to the meeting. She said this left her with only three
days to read it and the Council meeting packet and provide input. She did not feel she could always
accomplish that prior to the meeting."
MISCELLANEOUS
Mr. Boganey said Item No. 7e, Provisional License Renewal 5240 Drew Avenue North, was just
added to the City Council agenda and the materials are at the Council table.
Mayor Kragness discussed the League of Minnesota Cities Regional Meeting that would be held
November 17 and encouraged members of the Council to attend.
Councilmember O'Connor asked if the increase in the police and fire pension funds will go to the
firefighters. Mr. Boganey responded the dollars for the fire pension is a State source of funding,
which is sent to the City to cover the cost of the pension. He said the pension increases will not
apply to paid on -call firefighters, but will apply to other full -time police and PERA employees.
Councilmember O'Connor asked what is depreciated in the liquor budget. Mr. Boganey responded,
although the store is leased, the equipment is owned and has depreciation.
Councilmember Carmody said she had drafted a City Manager evaluation, a combination of the
evaluation form and Councilmember Niesen's form. Mayor Kragness said the City Manager had
also prepared an evaluation form and it would be discussed at a Work Session.
ADJOURNMENT
Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the Study
Session at 6:32 p.m.
Motion passed unanimously.
RECONVENE STUDY SESSION
The Study Session reconvened at 6:47 p.m.
10/24/05 -2- DRAFT
Councilmember Carmody discussed Item No. 7e, Provisional License Renewal 5240 Drew Avenue
North, and inquired if monthly reports were submitted and if there was a mitigation plan.
Councilmember Lasman said she believes there was an update and plan submitted to the Council late
last fall.
Community Development Director Brad Hoffman addressed the Council and said the report on
counted calls for service submitted by Lieutenant Nadeau does not show actual calls each month, it is
an accumulation from month to month. He said the property has been in compliance for some time,
and the owner has removed the problem and is working at trying to reduce the calls for service. He
said it is a small complex, so it doesn't take many calls to elevate the number.
Councilmember O'Connor asked why the owner needed a provisional and not regular license. Mr.
Hoffman responded the property must be in compliance for twelve months, as written in the
ordinance.
Councilmember O'Connor inquired how long the property has been in compliance. Mr. Hoffinan
responded since approximately January 2005.
Councilmember O'Connor said she would like to meet with Mr. Baker to discuss the Summons and
Complaint from Bradley Operating LTD Partners of Brookdale Square. Mr. Boganey suggested this
may be scheduled with the City Manager.
Councilmember O'Connor inquired, with regard to the new brochure on smoke detectors, would all
rental units be treated alike. Mr. Boganey said the new brochure will clarify the requirements for
multi- family and single family units, giving multi family complexes sufficient time for each unit.
Councilmember O'Connor said it is a dangerous situation for multi- family complexes not to have
smoke detectors in each unit.
ADJOURNMENT
Councilmember Lasman moved and Councilmember Carmody seconded adjournment of the Study
Session at 6:59 p.m.
Motion passed unanimously.
City Clerk Mayor
10/24/05 -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
OCTOBER 24, 2005
CITY HALL COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum and was called to order by Mayor
Myrna Kragness at 6:45 p.m.
ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and
Mary O'Connor. Also present were Acting City Manager Curt Boganey, Director of Public
Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, City
Attorney Charlie LeFevere, and City Clerk Sharon Knutson.
Mayor Kragness opened the meeting for the purpose of Informal Open Forum.
No one wished to address the Council.
Informal Open Forum closed at 6:47 p.m.
2. INVOCATION
A moment of silence was offered for the Invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna
Kragness at 7:00 p.m.
4. ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and
Mary O'Connor. Also present were Acting City Manager Curt Boganey, Community Development
Director Brad Hoffman, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson.
10/24/05 -1- DRAFT
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember Carmody reported she attended the Shingle Creek and West Mississippi Watershed
Management Commission meetings and the Earle Brown Days wrap -up meeting.
Councilmember Lasman reported attending the following meetings:
*October 18 Park and Recreation Commission meeting
possibly moving striping the trails in Palmer Lake area to next year's budget
vandalism in Lions Park replacing dugouts with at -grade benches with chain -link
fence back supports for higher visibility
studying various park fees and permits
*October 19 Crime Prevention meeting
annual block watch captain's recognition ceremony will be held on November 16 at
7 p.m. in Phil Cohen Room, Community Center
-the business community is working with the Police Department in developing a
Business Watch similar to Neighborhood Watch and will be meeting on November 4
-the Crime Prevention Program is not funded by the City, but by donations and
fundraising
•October 20, 2005 Special Events Committee meeting
-theme for the February 4, 2006, 95th birthday party /awards dinner will be "95 and
Alive" with performance by Brooklyn Center High School Jazz Band and dance
music by Dale Greenwald, tickets can be purchased at the Community Center
*October 22, 2005 Brooklyn Center Fire Relief Association Pancake Breakfast
-held at Applebee's with proceeds to the Brooklyn Center Fire Prevention Program
Councilmember O'Connor reported she attended the Housing Commission meeting, and she said
that Chair Judy Thorbus met with the Mayor and City Manager to discuss possibly meeting with the
City Council. She said the issues for 2006 are the Opportunity Site and communications with new
homeowners as to how to be a good homeowner in Brooklyn Center. She stated Councilmember
Carmody attended the meeting and had said that the Housing Commission might be disbanded.
Councilmember Carmody responded that she did not say that. She said there was a lot more to the
discussion and she had said disbanding the Commission was an option. Councilmember O'Connor
said that one of the members of the Housing Commission said the Council should value the Housing
Commission's input.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember O'Connor requested removal of Item No. 7e, Provisional License Renewal 5240
Drew Avenue North, from the Consent Agenda.
10/24/05 -2- DRAFT
Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent
agenda and agenda as amended, with amendments to the October 10, 2005, Study and Work Session
minutes as discussed in the Study Session and removal of Item No. 7e from the Consent Agenda to
Council Consideration Item No. 10d and the following consent items were approved:
7a. APPROVAL OF MINUTES
October 10, 2005, Study, Regular, and Work Session.
7b. LICENSES
COMMERCIAL KENNEL
Brooklyn Pet Hospital 4902 France Ave N
Cutting Edge Pet Care Inc. 4900 France Ave N
Pandora's Box Veterinary Clinic 4902 France Ave N
MECHANICAL
Automatic Garage Door Fireplace 8900 109th Ave N, Champlin
Benck Mechanical Inc 628 230th Ave, Somerset, WI
RENTAL
Renewal:
4619 66th Ave N Michael Barlow
6401 Scott Ave N Glen Berscheit
Initial:
4006 61 st Ave N Walter Harfiel
5742 Fremont Ave N Bruce Goldberg
5528 Humboldt Ave N Bruce Goldberg
6825 -27 Noble Ave N Christian Vitale
7013 Regent Ave N Dang Yang
SIGNHANGER
Leroy Signs 6325 Welcome Ave N, Brooklyn Park
7c. APPROVAL TO DISPOSE OF SURPLUS FIRE RADIOS TO SMALL RURAL
FIRE DEPARTMENTS IN THE STATE OF MINNESOTA
7d. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE FOR
DOUGLAS METAL SPECIALTIES, 4906 AND 4912 FRANCE AVENUE
NORTH
Motion passed unanimously.
10/24/05 -3- DRAFT
8. RANDOM ACTS OF KINDNESS PRESENTATION OF RECOGNITION AND
CERTIFICATE CEREMONY
While each of the Council Members read the nominations, Mayor Kragness presented Random Acts
of Kindness certificates to those persons who were nominated as follows: Boyce Bible, Gail and
Keith Danielson, Terry Gunderson, and Janice Jungwirth. Persons who were nominated but not
present were: Blain Byrd, Tom Corwin, Doris Johnson, Luis Perez Ortiz, and Bill Varhol.
9. PUBLIC HEARINGS
9a. AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE OF
ORDINANCES RELATING TO PARKS AND RECREATION ORDINANCE
NO. 2005 -10
Acting City Manager Curt Boganey said this is the second reading on the proposed ordinance
amendment that was recommended by the Park and Recreation Commission, and it includes a variety
of housekeeping modifications to the City's ordinance governing the use of its parks.
Councilmember Carmody moved and Councilmember Niesen seconded to open the Public Hearing.
Motion passed unanimously.
No public input was offered.
Councilmember Lasman moved and Councilmember Carmody g
seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Niesen moved and Councilmember Carmody seconded adoption of ORDINANCE
NO. 2005 -10 Amending Chapter 13 of the City Code of Ordinances Relating to Parks and
Recreation.
Motion passed unanimously..
9b. AN ORDINANCE RELATING TO RENTAL DWELLINGS AND NON-
CONFORMING USES; AMENDING CITY CODE SECTIONS 12- 901,12 -902,
AND 35 -11 ORDINANCE NO. 2005-11
Mr. Boganey stated this is the second reading regarding the proposed amendments to the City's
rental ordinance. He said the ordinance was presented to the City Council at its September 26
meeting and was published in the local newspaper. He said the changes relate to dealing with non-
conforming uses and brings the City's ordinance into compliance with State Statutes, as well as
changes related to withdrawal of an application prior to a license being issued.
10/24/05 -4- DRAFT
Councilmember Niesen moved and Councilmember Carmody seconded to open the Public Hearing.
Motion passed unanimously.
No public input was offered.
1 e the Public Hearing.
Councilmember close C member Lasman moved and Councilmember Carmody seconded Y econded to c
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of ORDINANCE
NO. 2005 -11 Relating to Rental Dwellings and Non Conforming Uses; Amending City Code
Sections 12 -901, 12 -902, and 35 -111.
Councilmember Carmody said the Housing Commission Chairperson had inquired about this
ordinance amendment at the last Housing Commission meeting, and she requested that an
explanation of what the change effectively does be sent to the Housing Commission Chairperson.
Mr. Boganey responded affirmatively.
Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. RESOLUTION EXPRESSING APPRECIATION FOR ASSISTANCE
PROVIDED BY THE CITY OF PLYMOUTH RESOLUTION NO. 2005-153
Mayor Kragness read the resolution.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION
NO. 2005 -153 Expressing Appreciation for Assistance Provided by the City of Plymouth.
Motion passed unanimously.
IOb. PROPOSED RESOLUTION FROM NORTHWEST SUBURBS CABLE
COMMUNICATIONS COMMISSION RESOLUTION NO. 2005 -154
Mr. Boganey said the City received materials from Northwest Suburbs Cable Communications
Commission, including a resolution to support continued authority of local government regulations
regarding franchising of cable services. He said there is an interest by the federal and state
government to open up more opportunities for telecom businesses to operate within City limits and
to provide video on demand and other services, which are very similar to cable services. He stated it
is the concern of the Commission that if this legislation is adopted it could impact the City's ability
to continue to provide the services that it does and to have control over those services, as well as the
revenue stream that current franchise companies are required to provide to franchise cities to support
public educational and governmental television.
10/24/05 -5- DRAFT
Rex Newman, Brooklyn Center's Northwest Suburbs Cable Communications Commission
representative, addressed the Council and said the resolution is not a change in policy, but there are
organizations working to get in the broadband market. He said there is discussion in the State
legislature regarding freeing up the current franchise system throughout the State of Minnesota. He
said the Commission's attorney thinks it is more of a threat this time than it was five years ago. He
stated the Commission is looking for flexibility to keep doing what it is doing and keeping decisions
made at the local level. He said the resolution is a stronger affirmation of what the Commission has
been doing for about twenty years.
Councilmember Lasman said protection of local authority is something that needs to be supported.
She said local decisions make the most sense because local authorities understand local problems.
Mr. Newman said there are other communities that could potentially benefit from some of these
advanced installations, but those communities are supportive of the Commission.
Councilmember Carmody stated the last time this came up, which was about eight years ago, there
was the issue of digging up the side of the road to install the wiring for each cable. She said that was
a problem for the City and County roads and the mess and inconvenience it would create during
installation. She said the new proposed legislation does not address this issue and how they would
accommodate the installation.
Mr. Newman said there is language that refers to that issue about not being any more burdensome or
any more favorable.
Councilmember Carmody said she would be opposed to having competition because it will cost the
City and residents more in infrastructure costs and the City wouldn't get the revenue from it.
Mayor Kragness said this resolution is basically telling our representative in Congress that the City
does not favor additional companies within our City, the loss of revenue, and the loss of coverage of
cablecasting our meetings, and requests the authority regarding franchising of cable services be left at
the local level.
Councilmember O'Connor noted that currently the households with cable have a cable that is above
ground and asked if there are three companies with a proposal for underground cable. Mr. Newman
responded affirmatively.
Councilmember O'Connor asked how the expenses for Channel 12 and public access television are
covered. Mr. Newman said there is a five percent franchise fee and a small subscriber fee, which he
said are also under review.
Mr. Newman said he believes there is a misconception that if the marketplace were opened up, then
the cable costs would be lowered.
Councilmember O'Connor asked if Channel 12 and public access television would cease if
competition were brought in. Mr. Newman said the competition would have to join the consortium
10/24/05 -6- DRAFT
if the Commission is able to keep its current rules.
Councilmember O'Connor said it is extravagant to have a separate building for people to make their
own television shows. She noted that the statistics for Channel 12 indicate a small amount,
approximately 36, people watching the Council meetings. Mr. Newman responded that viewership is
being reviewed, and at the last meeting there was an internet resented how Council provider that
g p p
meetings could be viewed over the internet and then people could watch the meetings anytime they
want.
Mayor Kragness said Northwest Community Television offers educational classes at no cost and
people can record their own programs.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION
NO. 2005 -154 to Support Continued Authority of Local Government Regarding Franchising of
Cable Services.
Councilmember Carmody said the infrastructure costs could be quite high if there is a lot of
competition. She stated the City shouldn't have to bear those costs and there needs to be more
restrictions on it.
Councilmember Niesen said the Northwest Suburbs Cable Communications Commission does a
great job and had volunteered to learn how to operate a camera for some shows during the holiday
season, and it is a learning experience and offers communications skills. She also agrees that local
control is important to retain and there are a number of communication mediums.
Councilmember Lasman said it is important to retain local control to cablecast the Council meetings,
which is an outreach effort for the residents that is valued.
Councilmember Niesen said maybe more advertising or publicizing is needed to increase the
viewership.
Councilmember O'Connor voted against the same. Motion passed.
IOC. RESOLUTION ACCEPTING 2005 ANNUAL DEER MANAGEMENT
IMPLEMENTATION PLAN REPORT AND ADOPTING THE CITY
MANAGER RECOMMENDATIONS THEREIN RESOLUTION NO. 2005-
155
Mr. Boganey said the City Council adopted a deer management plan a few years ago and there were
two deer hunts, with the most recent being December 2004. He stated the hunt was not as successful
as expected and, therefore, it is recommended to have another deer harvesting period but to move it
into January 2006, which that will afford the bow hunters a much better opportunity to reduce the
herd. He said it is also recommended that the hunt be expanded to include the Kylawn Preserve park
area, as the most recent aerial survey shows the number of deer in the southeast part of the City
continues to grow.
10/24/05 -7- DRAFT
Councilmember O'Connor referred to the report and noted there were 16 accidents with deer in
Brooklyn Center in 2005. She said in the Palmer Lake area the hunters shoot into the basin area and
inquired how the hunters would hunt in the Kylawn Preserve area. Mr. Boganey responded that the
Police Department manages and coordinates the hunt for safety issues and works in coordination
with the deer hunters, establishing the rules and perimeter. He said the proposed hunt in January will
be different from last year, as it will be over bait, drawing the deer to a specific location; the hunters
will be located outside the area where the deer will be drawn and the hunting will occur in that
direction.
Councilmember O'Connor asked how much the hunt will cost. Mr. Boganey responded that the cost
for the past year was $1,800 and it should be similar next year.
Councilmember Carmody said it is important to have a deer management plan and it was
implemented because a number of residents complained about the damage caused by the deer and
there have been accidents caused by deer. She said when the deer management plan was first
implemented there were approximately 80 deer in the Palmer Lake Basin, and the City is only
supposed to support 15 to 20. She said the DNR does not allow the deer to be moved, so the deer
management plan is the option the Council has chosen.
Councilmember Lasman said the initial deer count was 80, then 20 deer were taken out in the first
hunt, and last year was six. She asked, since there are still 81 deer, are they that successful in
reproducing even with the reduction that they are maintaining their herd. Mr. Boganey said the
general rule is each doe will carry two fawn, and last year there were only six removed.
Councilmember Lasman asked if the intent of the deer management plan was to be for a five- or six
year period, at which time the deer herd would be a manageable size. Mr. Boganey responded
affirnlatively.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION
NO. 2005-155 Accepting 2005 Annual Deer Management Implementation Plan Report and Adopting
the City Manager Recommendations Therein.
Motion passed unanimously.
1 Od. PROVISIONAL LICENSE RENEWAL 5240 DREW AVENUE NORTH
Mr. Boganey apologized for adding this item this evening. He said the City had informed Mr.
DeBellis, applicant for provisional license renewal at 5240 Drew Avenue North, that the item would
be before the City Council on October 24. He said approval of the provisional license would be to
allow for the extension of an additional six months on the provisional license that was previously
granted in November 2004. He said a mitigation plan was presented and that plan has proven to be
fairly successful and the qualifying violations are below the maximum allowable. He stated the
ordinance requires that his property remain below that level for a period of twelve months before it is
eligible for a regular license.
10/24/05 -8- DRAFT
Councilmember Lasman moved and Councilmember Carmody seconded approval of a provisional
license renewal for 5240 Drew Avenue North.
Councilmember Niesen said she lives in the neighborhood of this property and there has been a
substantial improvement.
Councilmember O'Connor asked if another report would be provided regarding the number of police
calls. Mr. Boganey responded affirmatively and said the Police Department could revise the report
to more clearly reflect what the activity has been.
Councilmember O'Connor said the six -month provisional license has gone well over six months
since it was approved in November 2004. Community Development Director Brad Hoffman
responded affirmatively that the six -month provisional license expired in June 2005.
Motion passed unanimously.
11. ADJOURNMENT
Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City
Council meeting at 7:59 p.m.
Motion passed unanimously.
City Clerk Mayor
10/24/05 -9- DRAFT
City Council Agenda Item No. 7b
MT City of Brooklyn Center
A Millennium Community
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk
�z
DATE: November 9, 2005
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 September 26, 2005, are
as follows:
CHRISTMAS TREE SALES
PQT Company 3245 Bass Lake Road
PQT Company 5040 Brooklyn Boulevard
COMMERCIAL KENNEL
Gentle Touch Animal Sanctuary 4900 France Ave N
MECHANICAL
All Stall 2020 Margaret Street, N. St. Paul
Brooklyn Aire Heating Cooling 8862 Zealand Ave N, Brooklyn Park
E A H Schmidt Assoc. Inc. 8245 Winpark Dr, New Hope
RENTAL
Renewal:
(All properties had no calls for service)
Ryan Lake Apartments, 3401 -13 47 Ave N Clover Management
(1 Bldg, 22 Units)
1201 57 Ave N (1 Bldg, 4 Units) Ed Doll
5444 Bryant Ave N (Two Family, 1 Unit) Ralph Johnson
5843 Fremont Ave N (1 Bldg, 7 Units) D J Properties
5701 James Ave N (Single Family) Victor Shkaberin
6406 Kyle Ave N (Single Family) Oluyemisi Olatrju
4220 Lakeside Ave N (Two Family, 1 Unit) Richard Arntson
4811 Lakeview Ave N (1 Bldg, 4 Units) Diane Krenz
6706 Scott Ave N (Single Family) Tina Langhans
6301 Shingle Creek Parkway ecreation n m n
y 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
Page 2
Licenses for Council Approval
November 9, 2005
Initial:
Center Pointe Apartments, 2800 -2940 Northway Hyder Jaweed
(21 Bldgs, 252 Units)
1 Assault, 83 Dist. Peace, 3 Burglary, 3 Robbery, 1 Weapons, 2 Crimes Against Family, 1 Fire, 1
Forgery, 7 Drugs, 1 Obstructing Justice, 1 Loud Party, 1 Excessive Noise, 5 Alarms
300062 d Ave N (Single Family) Dan Soffa
None
5348 70 Circle North (Single Family) Nicholas Antwi
None
5700 Camden Avenue N (Single Family) Timothy Johnson
None
5307 Howe Lane (Single Family) Jose Villagrana
None
SIGNHANGER
Signation Sign Group 6840 Shingle Creek Pkwy #31, Brooklyn Center
Signs by RSG 6160 Green Valley Road, Ramsey
Metro Sign Services, LLC 9223 Annapolis Lane, Maple Grove
TAXICAB
Provenience, LLC 1784 19 Ave NW, New Brighton
City Council Agenda Item No. 7c
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: November 8, 2005
TO: Michael McCauley, City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolution Approving Change Order No. 1, Improvement Project Nos. 2005 -01,
02, 03, and 04, Contract 2005 -A, Lions Park South Area Neighborhood, Street,
Storm Drainage, and Utility Improvements
On April 25, 2005, the City of Brooklyn Center entered into Contract 2005 -A with Arcon
Construction Company, Inc. for completion of the Lions Park South Area Neighborhood Street,
Storm Drainage, and Utility Improvements. Over the course of construction, various additional
work items were necessary to address unanticipated construction issues. These additional work
items are itemized on the attached Change Order No. 1.
k included in Change air of a water main e Order No. 1 consists of the re
A majority of the wor i s C g p
break that occurred within the Centerbrook Golf Course on July 12, 2005. The main break was
located along a segment of water main that extends from Water Tower No. 3 and provides
service to the southeastern portion of the City. The water main break could not be repaired using
the City's existing equipment. Arcon Construction was directed to excavate the water main,
provide dewatering services and backfill the excavation trench after repairs were completed.
Change Order No. 1 also includes the installation of hydrant extensions that were necessary due
to the elevation of the 16 -inch diameter water main along 55 Avenue (not replaced with the
project). The 'final item included in the change order consists of the installation of a 4 -inch
diameter water service gate valve for the apartment complex at 5301 Russell Avenue. Record
plans for the existing water service to the building were not available to determine the size of the
service at the time of project design.
The Lions Park South project is nearly complete. Change Order No. l is the first change order
that has been requested for the project. Change Order No. 1 in the amount of $14,102.25
represents less than one (1) percent of the original contract amount. Attached for consideration
is a City Council resolution approving Change Order No. 1 for the Lions Park South
Neighborhood Street and Utility Improvement Project, Contract 2005 -A.
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
Member introduced the following resolution and
moved its adoption
RESOLUTION NO.
RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT
PROJECT NOS. 2005 -01, 02, 03 and 04, CONTRACT 2005 -A, LIONS PARK
SOUTH AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to a written contract signed with the City of Brooklyn
Center, Minnesota, Arcon Construction Company, Inc. of Harris, Minnesota was directed to
complete additional work as itemized on Change Order No. 1 for Contract 2005 -A; and
WHEREAS, said additional work was not included in the original Contract, but
was deemed necessary to properly complete construction for the project and assist in repairing a
water main break.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that Change Order No. 1 in the amount of $14,102.25 is hereby
approved. The revised contract amount shall be as follows:
Original Contract Amount 2,565,408.58
Change Order No. 1 14,102.25
Revised Contract Amount 2,579,510.83
November 14, 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 of Brooklyn Center
CHANGE ORDER NO. 1
Contractor: Arcon Construction Co., Inc August 24, 2005
Address: P.O. Box 159
Harris, NIN 55032
Project: Lions Park South Area Neighborhood
Street and Utility Improvements
Improvement Project No. 2005 -01, 02, 03 and 04
Contract No. 2005 -A
In accordance with the terms of this Contract, the Contractor is hereby authorized and instructed to perform
the work as altered by the following provisions:
The following items were not included in the unit price proposal form or deemed to be necessary to
complete the project according to the intended design. Change Order No. 1 resolves all outstanding
contract adjustment claims from the Contractor for work completed through August 23, 2005 for Contract
2005 -A.
1. 4 -inch Diameter Water Service Gate Valve
All labor, materials and equipment to furnish and install one water service gate valve to replace the
water service leading to the property located at 5301 Russell Avenue North (Apartment Complex).
Record Plans indicating the service size were not available at the time of project design.,
Total Cost: $550.00
2. Water Main Repair
All labor, materials and equipment to locate, excavate, remove and replace fencing, perform
ground water dewatering, backrill, and compaction work necessary to repair water main break
along the 16 -inch diameter water main located west of Russell Avenue North (not replaced with
project). Work was performed between July 12, 2005 and July 19, 2005.
Total Cost: $7,767.25
3. Hydrant Extensions
All labor, materials and equipment to furnish and install thirteen (13) water hydrant extensions
within the project area. Hydrant extensions were necessary due to the elevation of the 16 -inch
diameter water main along 55 Avenue (not replaced with project) and adjustments to ground
elevations along curb within the project area. Unit price established at $445.00 per extension.
Total Cost: $5,785.00
TOTAL CHANGE ORDER NO.1 $14
Original Contract Amount 2,565,408.58
Change Order No. 1 14.102.25
Revised Contract Amount 2,579,510.83
Page 1
Change Order No.1
Contract 2005
August 24, 2005
CHANGE IN CONTRACT TIME
The Contract completion date is not changed due to the items noted above.
Accepted: ARCON CO TRUCTION CO., INC. Approved: CITY OF BROOKLYN CENTER
0--- /1
By By:
ContractorXAuihorized Representative City Manager
Date: �f" /o� Date:
By:
Director of Public Works
Date:
Page 2
City Council Agenda Item No. 8a
MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning Specialist
Subject: City Council Consideration Item Planning Commission Application No.
2005 -016
Date: November 7, 2005
On the November 14, 2005 City Council Agenda is Planning Commission Application No.
2005 -016 submitted by The Luther Company Limited Partnership a request for Preliminary
Plat approval to divide and combine to reconfigure two existing lots addressed as 6800
Brooklyn Boulevard and 6700 Brooklyn Boulevard.
Attached for your review are copies of the Planning Commission Information Sheet for
Planning Commission Application No. 2005 -016 and also an area map showing the location of
the property under consideration, the Planning Commission minutes relating to the
Commission's consideration of this matter and other supporting documents.
This matter was considered by the Planning Commission at their October 27, 2005 meeting
and was recommended for approval.
It is recommended that the City Council, following consideration of this matter, approve the
application subject to the conditions recommended by the Planning Commission.
Application Filed on 10 -06 -05
City Council Action Should Be
Taken By 12 -5 -05 (60 Days)
Planning Commission Information Sheet
Application No. 2005 -016
Applicant: The Luther Company Limited Partnership
Location: 6700 6800 Brooklyn Boulevard and 4215 69th Avenue North
Request: Preliminary Plat Approval
The applicant, The Luther Company Limited Partnership, is requesting preliminary plat approval
to divide and combine to reconfigure two existing lots currently addressed as 6800 Brooklyn
Boulevard (Lot 1, Block 1, Bri Mar Addition) and 6700 Brooklyn Boulevard (Lot 2, Block 1, Bri
Mar Addition) for the purpose of a two phase redevelopment and expansion of the existing car
dealerships located on these properties. The properties under consideration are currently zoned
C -2 (Commerce) and are located along the easterly side of Brooklyn Boulevard between I -94 and
69` Avenue North. They are bounded on the north by 69 Avenue North; on the east by R -3
(Multiple Family Residence) zoned property containing non conforming single family homes and
a townhouse complex along with R -1 zoned property; on the south by I -94 right of way; and on
the west by Brooklyn Boulevard with C -2 zoned property on the opposite side of the street.
These properties and the property located at 4215 69 Avenue North (Lot 1, Block 1, Chrysler
Realty Addition) are the subject of a Planned Unit Development Rezoning to PUD /C -2 (Planned
Unit Development/Commerce) and development plan approval under Planning Commission
Application No. 2005 -015. That application comprehends a two phase redevelopment of the
sites for an expanded Dodge operation and the demolition of the former Ryan Olds property
(Phase One) and a future new automobile dealership on the cleared site (Phase Two).
Their plan is to alter the existing property line located between the Dodge and former Ryan sites
to create a larger Dodge property. Approximately 78 ft. of Brooklyn Boulevard frontage and
16,041 sq. ft. (.37 acres) from the old Ryan property would be added to the Dodge property.
Plans are to incorporate the property at 4215 69 Avenue North, which is owned by The Luther
Company and used as a car storage facility into the Dodge property making it a Dodge truck
center. Generally, city ordinances require separate properties that are contiguous and under
common ownership and use to be combined into a single parcel through platting or registered
land survey. This would be the appropriate time to accomplish such a combination but the
applicant is requesting they not be required to do this because of potential environmental issues
relating to the former Pilgrim Cleaner's site and potential ground water and soils impact on the
property in question. Appropriate cross access and parking agreements will have to be provided
in order to wave this requirement and this will also be part of the Planned Unit Development
consideration.
The proposed new plat is to be known as Bri Mar 2 °a Addition and will contain two new lots.
Lot 1 (the Brookdale Dodge site) is proposed to be 296,009 sq. ft. (6.80 acres) and Lot 2 (new
10 -27 -05
Page 1
redevelopment site) is proposed to be 289,050 sq. ft. (6.63 acres).
All of the lots exceed the minimum requirements for lots in the C -2 (Commerce) underlying
zoning district. Access to the sites will remain the same, two on 69 Avenue North and two on
Brooklyn Boulevard. The Director of Public Works /City Engineer is reviewing the preliminary
plat and will be making written comments which will be attached for the Commission's review.
Copies of the preliminary plat have been forwarded to Hennepin County for review because
Brooklyn Boulevard is a county road. This plat is more than five acres in area and is subject to
Shingle Creek Watershed Management review. No on site water detention is planned for this
development as water will be sent to a regional facility located in the Palmer Lake basin area,
which has been designed to accommodate such a discharge.
A public hearing has been scheduled for this preliminary plat and notice of the Planning
Commission's consideration has been published in the Brooklyn Center Sun/Post.
RECOMMENDATION
This preliminary plan is dependent upon the approval of the Planned Unit Development under
Planning Commission Application No. 2005 -015. All in all, we believe this preliminary plat is
in order and approval is recommended subject to at least the following conditions.
1. The final plan is subject to review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
3. Approval of this preliminary plat is contingent upon approval of Planning
Commission Application No. 2005 -015
4. Appropriate cross access and cross parking agreements between Lot 1, Block 1,
Chrysler Realty Addition and the proposed Lot 1, Block 1, Bri Mar 2 nd Addition,
as approved by the City Attorney, shall be developed and filed with the titles to
the property.
5. The applicant shall provide the City with an executed copy of a shared access
easement between the proposed Lots 1 and 2, and Bri Mar 2 nd Addition prior to
final plat approval.
6. The applicant shall execute all easements required by the City Engineer for
drainage and utility purposes prior to final plat approval.
7. The applicant shall provide written certification from a licensed land surveyor that
the existing sidewalk along Brooklyn Boulevard does not encroach into the
boundaries of the proposed Lots 1 and 2, or provide the appropriate sidewalk
easement dedication along with the final plat.
10 -27 -OS
Page 2
8. Building permits for construction of any of the buildings comprehended under
Planning Commission Application No. 2005 -015 shall not be issued until the
final plat has been approved by the City Council and filed with Hennepin County.
10 -27 -05
Page 3
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October 6, 2005
Mr. Ron Warren
Planning Department
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Re: PUD/ Preliminary Plat Application
The Luther Company Limited Partnership
Dear Mr. Warren:
The Luther Company Limited Partnership is submitting its PUD and Preliminary
Plat Applications for the redevelopment of the Brooklyn Center properties located at
4215 69 Ave. (Taystee site), 6700 Brooklyn Blvd. (former Ryan property), and 6800
Brooklyn Blvd. (Brookdale Dodge property).
Luther has operated a Chrysler Jeep dealership at 6121 Brooklyn Boulevard in
Brooklyn Center since it acquired the franchise in 2001. In November of 2004, the
Luther Automotive Group acquired the Dodge franchise, located at 6800 Brooklyn
Boulevard. As part of the acquisition, the manufacturer required Luther to consolidate
dealership operations at the 6800 Brooklyn Boulevard site and make facility
modifications incorporating the Daimler Chrysler design elements and changes to
accommodate operational needs.
The development requires a rezoning to PUD. While the site is zoned
appropriately for automotive sales and service, the service use and expansion where it
abuts the residential properties requires the rezoning. The property has been used
historically as an automotive site, so the proposed rezoning is consistent and compatible
with surrounding land use classifications. The rezoning does not propose a change in use
and is consistent with the Comprehensive Plan. The portion of the property that abuts the
residential zoning is fully screened by an eight -foot high privacy fence much of which
will be replaced with new fencing as part of the redevelopment.
The development will consist of two phases. Phase I is the Dodge redevelopment
at 6800 Brooklyn Boulevard, 4215 69 Avenue and the demolition of the Ryan properties
at 6700 Brooklyn Boulevard. Phase II is a future dealership site on the south side of the
property at 6700 Brooklyn Boulevard.
Phase I of the redevelopment consists of modifications to the former Taystee
building located at 4215 69 Avenue. The most northerly portion of the building will be
removed to allow for better site circulation and the building converted from a warehouse
to a showroom. A retail entrance will be added to the west side of the building and the
701 XENIA AVENUE SOUTH SUITE 220 GOLDEN VALLEY, MN 55416
tel: 763.593.5755 fax: 763.593.0769 web: www.lutherauto.com email: info @lutherauto.com
grade of the site will be blended with the Brookdale Dodge site. This building will
become the new Dodge Truck Sales Center.
Also included in Phase I of redevelopment are two small additions to the existing
Brookdale Dodge building. The first addition is on the west side of the building where a
two story addition will include administrative offices on the ground level (2,320 sq.ft.)
and parts storage on the upper level (2,320 sq.ft.). The second addition is on the east side
of the building where a four bay vehicle prep area will be added (1,920 sq. ft.).
The former Ryan buildings located at 6700 Brooklyn Boulevard will be
demolished as part of Phase I. Minimal site work will occur in the former building
footprints to accommodate an interim use as vehicle storage. Additionally, site fencing
and security lighting will be replaced. The 14.69 acre site will be replaced into three
separate lots. There are compelling reasons why the property lines will not be combined
as part of this replat. The first is the environmental issues that accompany the Taystee
site. Part of the Taystee site may be considered a Superfund site because it is directly
adjacent to the active Pilgrim State Superfund Site and the groundwater and soils on it are
impacted. It is our intention to use these properties as one for the purposes of a total site
development, but to maintain the lots as separate for the reason cited. The Ryan property
will also remain a separate parcel for the purposes of replatting. The second reason is the
Dodge site is subject to site control by Daimler Chrysler and combining the properties
will result in site control of the Ryan property.
When the Dodge building was expanded and improved in 2001, the yard was in
conformance with the 15' set back requirement. As part of the Brooklyn Boulevard
expansion project 7.5' of the front yard was taken in the condemnation resulting in the
condition that exists today. It is our intention as part of the PUD approval to bring the
entire site into conformance in areas of new development to the 15' required setback, but
in areas where there is a pre- existing condition, to leave setbacks as they exist. The
specific area affected by this is the 270' strip in front of the Dodge building. Compliance
with the 15' setback requirement in this area would adversely affect site circulation and
create significant inefficiencies resulting in loss of customer and display parking.
Phase H entails the redevelopment of the former Ryan property for a full service
automobile dealership. The 15' setback requirement for this parcel will be brought into
compliance in Phase II.
The Luther Automotive Group has been a part of the Brooklyn Center community
for many years. We are excited about this project and continuing our positive working
relationship with the City of Brooklyn Center. We thank you for your consideration for
this request and look forward to answering any questions you may have at the October
27, 2005 Planning Commission meeting.
Sincerely,
Y1
/vl r
Linda McGinty
C���
c0_0
City Council Agenda Item No. 8b
MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning Specialist
Subject: City Council Consideration Item Planning Commission Application No.
2005 -015
Date: November 7, 2005
On the November 14, 2005 City Council Agenda is Planning Commission Application No.
2005 -015 submitted by The Luther Company Limited Partnership a request for rezoning from
C -2 (Commerce) to PUD /C -2 (Planned Unit Development /Commerce) of three contiguous lots
located easterly of Brooklyn Boulevard between I -94 and 69' Avenue North and development
plan approval through the PUD process for a two phase redevelopment and expansion of the
Brookdale Dodge automobile dealership and the former Ryan Olds property
Attached for your review are copies of the Planning Commission Information Sheet for
Planning Commission Application No. 2005 -015 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 October 27, 2005 meeting
and was recommended for approval through Planning Commission Resolution No. 2005 -03.
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. An ordinance describing the property being
rezoned is also offered for the Council's consideration.
It is recommended that the City Council adopt the resolution and, by motion, approve the first
reading of the ordinance amendment describing the property to be rezoned.
i
Application Filed on 9 -29 -05
City Council Action Should Be
Taken By 11 -28 -05 (60 Days)
Planning Commission Information Sheet
Application No. 2005 -015
Applicant: The Luther Company Limited Partnership
Location: 6700 6800 Brooklyn Boulevard and 4215 69th Avenue North
Request: Rezoning/Development Plan Approval/PUD C -2
The applicant, The Luther Company Limited Partnership, is requesting rezoning from C -2
(Commerce) to PUD /C -2 (Planned Unit Development/Commerce) of three contiguous lots
located on the easterly side of Brooklyn Boulevard between I -94 and 69` Avenue North and
development plan approval for a two phased redevelopment and expansion of the Brookdale
Dodge automobile dealership and the former Ryan Olds property. Three parcels are involved in
the PUD proposal and include 4215 69` Avenue North and 6700 and 6800 Brooklyn Boulevard.
The properties under consideration are all currently zoned C -2 and are bounded on the north by
69` Avenue; on the east by R -3 (Multiple Family Residence) zoned property containing non-
conforming single family homes and a townhouse complex along with R -1 zoned property
containing four single family homes; on the south by I -94 right of way; and on the west by
Brooklyn Boulevard with C -2 zoned property on the opposite side of the street.
The Luther Company has acquired all the automobile dealership property in this area. Phase One
of their proposal involves the expansion of the existing Brookdale Dodge operation
showroom/service building (6800 Brooklyn Boulevard) and the remodeling of the building at
4215 69` Avenue North to accommodate their proposed Dodge truck center. Also proposed
under the first phase is the demolition of all of the former Ryan Olds buildings (6700 Brooklyn
Boulevard) with an interim use of a portion of this site for accessory automobile parking and
display. Phase Two, which would be considered at a later time under a Planned Unit
Development Amendment, would be the redevelopment of the vacant site as a new Luther
Company automobile dealership. Planning Commission Application No. 2005 -016 for
preliminary plat approval proposes to shift the property line between 6700 and 6800 Brooklyn
Boulevard to accommodate the proposed development. Approval of that application is-essential
for this plan to go forward.
The applicant is seeking the PUD /C -2 rezoning to accomplish the above mentioned
redevelopment. Under the current C -2 zoning, automotive repair is not allowed to abut R -1, R -2
or R -3 zoned property at a property line or a street line. Such abutment exists along the east
property lines of the two automobile dealership properties and also along the north side of 69`
Avenue North. Expansion or redevelopment of the auto service areas, which are part of the
Phase One and Phase Two plans cannot go forward, other than under the PUD process, which
can comprehend such a modification. The applicant believes this modification can be offset by
the screening and buffering they provide to these residential properties. It should be noted that
the PUD process was used to allow expansion and redevelopment of the Brookdale Chrysler
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property at 62 and Brooklyn Boulevard and the Brookdale Mitsubishi dealership where similar
residential abutment existed. The applicant also propose a less than 15 ft. green strip along
Brooklyn Boulevard for the Dodge operation where the existing green strip is approximately 7.5
ft. due to right of way taking to accommodate the expansion of Brooklyn Boulevard.
Furthermore, they seek a waiver from the requirement that the lot at 4215 69` Avenue North be
combined into a single lot with the Brookdale Dodge site because the two Iots are under common
ownership and proposed for common use. The applicant notes that cross access and parking
easements will accomplish the same purpose without the need to formally combine the lots,
which they have been advised not to do because of potential environmental issues relative to the
migration of contaminants from the former Pilgrim Cleaner's site.
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
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case C -2) would apply to the development proposal. One of the purposes of the pp Y P p p pure PUD district is
to give the City Council the needed flexibility in addressing development and redevelopment
problems. 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
will be seeking modifications to allow automotive repair to abut R -1, R -2 or R -3 zoned property;
an encroachment into the required 15 ft.
q green strip adjacent to street right of way; and to not be
P J
required to combine two parcels of land under common ownership proposed for common use.
Their plan for offsetting the abutment issue is to have an 8 ft. high fence contained within a 35 ft.
buffer strip, which has been in existence for many years and has proved to be sufficient and
adequate screening and buffering from the automotive repair uses which have been conducted on
these sites for over 40 years. No offsetting or mitigating factors have been provided for the
reduced green strip along the street right of way line. A cross access and parking arrangement for
free flow between the two sites under common ownership are proposed to offset concerns
regarding this matter.
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 outlines in Section 3 5-2 10 of the zoning ordinance as well as being consistent with
the City's Rezoning Evaluation and Review Guidelines contained in Section 35 -208. The Policy
and Review Guidelines are attached for the Commission's review. The applicant has submitted a
written narrative describing their proposal and has made some written comments relative to what
they believe to be the positive impacts of their development (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
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policy states that rezoning classifications must be consistent with the City's Comprehensive Plan
and must not constitute "spot zoning which is defined as a zoning decision which discriminates
in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted
planning principals. Each rezoning proposal must be considered on its merits and measured
against the City's policy and against the various guidelines, which have been established for
rezoning review. The following is a review of the rezoning guidelines contained in the zoning
ordinance as we believe they relate to the applicant's proposal. The applicant has not specifically
addressed each of these guidelines in their written submittal.
a. Is there a clear and public need or benefit?
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 is also consistent with the City's Comprehensive Plan.
The proposal should balance the business needs of the community with that of
surrounding properties. It is not anticipated that this proposal will be a detriment,
but on the other hand, should have a positive factor in providing a positive effect
on the community. The City's Comprehensive Plan acknowledges this area to be
devoted to retail business. Certainly an automobile dealership fits within that
recommended land use.
The Brooklyn Boulevard Study which is cited in the Comprehensive Plan refers to
the regional significance of the automobile dealerships on Brooklyn Boulevard as
an important attribute to the community. Automobile dealerships with service
operations have existed in this area for many, many years and have not proven to
be detrimental to surrounding property, particularly the abutting residential
property because of the significant screening and buffering that has existed in this
area.
b. Is the proposed zoning consistent and compatible with the surrounding land
use classifications?
The applicant seeks the C -2 underlying zoning district under this PUD proposal,
which is the same zoning district that currently exists. No new uses would be
introduced with the proposal at hand nor would incompatible uses be considered
under the Planned Unit Development. It is believed that the proposal made by
The Luther Companies can be considered consistent and compatible with
surrounding land use classifications given the fact that no changes or
encroachments into the buffer, setback and screening that currently exists will be
done. A 35 ft. buffer will be maintained where the Dodge dealership abuts with
the R -3 zoned property and the 8 ft. high screening will also continue. When the
old Ryan site is developed, additional buffer will need to be provided to meet the
35 ft. requirement and 8 ft. of screening will continue in this area as well. With
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respect to the across the street abutment along 69 Avenue with R -1 zoned
property, it should be noted that between 150 and 200 feet of street right of way
exists between the north and south sides of 69 Avenue North. We are not aware
of any conflicts with the automobile use, particularly the automotive service and
repair operation with the abutting properties on the north side of 69 Avenue. No
change in use will exist and, therefore, we would conclude that the proposed
Planned Unit Development can be considered consistent and compatible with
surrounding land uses.
C. Can all proposed uses in the proposed zoning district be contemplated for
development of the subject property?
The current zoning of the property is C -2 and all general commerce permitted and
most special uses can be comprehended on the property. Currently the ordinance
does not allow automobile service and repair to abut residential property, thus the
applicant's request for the Planned Unit Development proposal. At this point in
the Planned Unit Development only automotive sales, leasing, service and repair
would be conducted within the Planned Unit Development. Modification or
changes to these uses would require an amendment to the Planned Unit
Development. The underlying zone would allow uses that are currently allowed
in the existing C -2 zone.
d. Have there been substantial physical or zoning classification changes in this
area since the subject property was zoned?
The most significant zoning classification change in the immediate area affected
the property at the northeast corner of 69 Avenue and Brooklyn Boulevard. That
was a PUD /C -2 rezoning of that property to accommodate the redevelopment,
which included a Culver's restaurant, the SuperAmerica gasoline service station
and a strip center commercial development. Various modifications to the
underlying C -2 zone were authorized through that Planned Unit Development
allowing some minor buffer encroachments into the 35 ft. buffer where R -1 abuts
C -2 and some reduced green strips along the public right of way where decorative
fencing was utilized to offset the reduced green strip. The current PUD /C -2
proposal can certainly be considered consistent with the rezoning at 69 and
Brooklyn Boulevard.
There have not been any other significant changes in zoning since this property
was originally zoned for commercial development in the late 1960's. Physical
changes in the area such as the widening of 69 Avenue North and the upgrading
of Brooklyn Boulevard have only solidified the commercial zoning in this area
and the desirability of this property for automobile sales and service.
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e. In the case of City initiated rezoning proposals, is there a broad public
purpose evident?
This evaluation criteria is not applicable in this case because it is not a City
initiated rezoning proposal, but rather a developer initiated proposal.
f. Will the subject property bear fully the ordinance development restrictions
for the proposed zoning district?
We believe that for the most part, the proposal will bear fully the development
restrictions for this Planned Unit Development with some deviations from the
standard ordinance requirements requested. The property line abutment with the
automotive repair use seems to be offset quite well by the existing and proposed
buffer, screening, and setback requirements. The cross access arrangements
proposed and deed restrictions can offset the requirement at this time to combine
4215 69 Avenue North with 6800 Brooklyn Boulevard. At some point in the
future, however, when environmental issues are no longer a factor, these
properties should be combined through a platting or Registered Land Survey. The
applicant's proposal for the reduced green strip because of the highway taking and
widening is not offset or mitigated by any plan considerations. The applicant
points out that circulation on the site would be affected negatively if the 15 ft.
green strip were imposed. In cases where the city, under Planned Unit
Developments, has allowed less than 15 ft. green strips, they have been offset by
decorative fencing in the area. These were the cases for the PUD's at 69
Brooklyn Boulevard, the SuperAmerica station at 57 and Logan and the hotel
water park on Earle Brown Drive. It would seem appropriate that a similar
treatment should be implemented in this case or the 15 ft. green strip be
established in its entirety.
g. Is the subject property generally unsuited for uses permitted in the present
zoning district with respect to size, configuration, topography or location?
The underlying zone is the same as the existing zone and the C -2 uses certainly
are appropriate for this area. It can't be said that the existing uses are unsuited for
the particular area, as the same type of uses will be conducted under the Planned
Unit Development. It certainly seems appropriate to continue with the automotive
uses in this area of the city.
h. Will the rezoning result in an expansion of a zoning district warranted by: 1.
Comprehensive Planning; 2. Lack of developable land in the proposed
zoning district, or; 3. The best interest of the community?
It appears that the proposal has merit beyond just the particular interests of the
developer and should be a redevelopment that can be considered compatible with
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Page 5
surrounding land uses. The proposal is also consistent with the City's
Comprehensive Plan for this area which calls for retail business. The automobile
dealerships in the area north of I -94 and south of 69` Avenue North have been a
stable commercial use in this part of Brooklyn Center for over 40 years and there
is no direction to attempt to change these land uses only to upgrade them. The
applicant's proposal can be considered to be in the best interest of the community.
As far as developable land in Brooklyn Center, there is none to speak of All
progress and development in the future will be basically as expansion and
redevelopment.
i. Does the proposal demonstrate merit beyond the interests of an owner or
owners of an individual parcel?
We believe the proposal to have merit beyond just the particular interest of the
developer. It will lead to a development that, we believe, can be consistent and
compatible with surrounding land uses. The proposal, with some possible
modifications, will provide a quality development that is consistent with the
City's Comprehensive Plan and be in the general best interest of the community.
SITE AND BUILDING PLAN PROPOSAL
As mentioned previously, the applicant is proposing a two phase redevelopment and expansion
of the automobile dealerships on the easterly side of Brooklyn Boulevard between I -94 and 69
Avenue North. The Luther Company owns the properties at 4215 69 Avenue North (old
Taystee building); 6800 Brooklyn Boulevard (Brookdale Dodge) and 6700 Brooklyn Boulevard
(former Ryan Olds property). These properties are being replatted under Planning Commission
Application No. 2005 -016. Phase One of the proposal is to demolish the northerly portion of the
building at 4215 69 Avenue North that at one time served as a retail space, leaving the former
distribution center, which will be converted into a showroom with a retail entrance along the
west wall. The grade in this area will be altered and paving provided to provide full access
between this new truck center and the existing Dodge dealership. Phase One includes two
additions to the existing Dodge building. A 4,640 sq. ft. two story addition will be made at the
southwesterly corner of the building to include administrative offices and parts storage. A 1,920
sq. ft. addition will be made to the east end of the service garage for a four bay vehicle prep area.
Also as part of Phase One, all of the buildings at the former Ryan dealership, 6700 Brooklyn
Boulevard, will be demolished. Minimum site work will be accomplished for interim vehicle
storage and display in this area. They note that site fencing and security lighting will be replaced.
It should be pointed out that fencing on the former Ryan site should be a minimum 8 ft. high
screen fence because of the abutment with residential (R -3 and R -1) property to the east.
Phase Two of their proposal, which will require a PUD amendment, will be the redevelopment of
the entire former Ryan property for a new, full service automobile dealership.
We have also previously mentioned the modifications to ordinance standards the applicant is
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proposing through the PUD process. These include allowing an expansion to the automobile
repair facility abutting R -1, R -2 or R -3 zoned property; a less than 15 ft. green strip along
portions of the Brooklyn Boulevard right of way; and the requirement to combine 4215 69
Avenue North into a single parcel with 6800 Brooklyn Boulevard because of common ownership
and common use. Recommendations regarding these items will be offered as we review
applicable parts of the plan.
ACCESS/PARKING /GREEN STRIPS
The four access points to the sites remain unchanged. A right in, right out access to the former
Ryan site off Brooklyn Boulevard; a shared access between the Brookdale Dodge and former
Ryan site at 68 Avenue North and Brooklyn Boulevard; an access with a median break off 69
Avenue North serving the proposed truck center; and a right in, right out access currently serving
the Brookdale Dodge service /storage area. No new access to the site is proposed nor
recommended. As mentioned, internal access between the truck center and the Dodge dealership
will be provided ultimately allowing access to the former Ryan site as well. Cross access
easements between the properties as approved by the City Attorney will need to be developed,
executed and filed with the titles to the properties.
Parking for the site is based on a combination of parking formulas. The retail parking formula of
5.5 parking spaces per 1,000 sq. ft. of gross floor area for the retail portions of the buildings; the
office parking formula of one space for every 200 sq. ft. gross floor area for the office portions of
the buildings; one space for every service bay and one space for every service bay employee for
the service garage area; one space for every 800 sq. ft. gross floor area for strictly storage areas;
and two parking spaces for service vehicles. Required parking is 105 spaces for the 35 service
bays (3 X 35); 40 spaces for day shift service garage employees; two spaces for service vehicles;
33 spaces for 6,501 sq. ft. of office area (6,500 sq. ft. 200); 25 spaces for the 4,422 sq. ft. of
retail showroom (5.5 X 4.422); 16 spaces for 12,255 sq. ft. of warehouse storage space (12,255
sq. ft. 800); for a total parking requirement of 221 spaces.
Two hundred ninety nine parking spaces are provided for the truck center and Dodge dealership
property which exceeds the amount required. In addition, there are 270 display and storage
spaces, some on the Dodge properties and some on the former Ryan property, which will be
available to the applicant. It should be noted that all parking of vehicles whether for customers,
employees or storage and display must be on a bituminous or concrete surface. No parking,
whatsoever, may be done on unimproved or landscaped surfaces anywhere on the sites.
As mentioned previously, the applicant is requesting modification to the city ordinances to be
allowed to have a 270 lineal foot strip in front of the Dodge building to be less than the minimum
15 ft. green strip. They are really asking for an additional 235 lineal foot strip as the area
adjacent to the truck center is also proposed to be less than 15 ft. This area is adjacent to
Brooklyn Boulevard right of way (the former Pilgrim Cleaner's site). As the Commission is
aware, the City uses building and site expansion opportunities as the time to bring sites into
conformance with minimum requirements of the zoning ordinance. When the Brookdale Dodge
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site was reconfigured and a new retail showroom was built in 2001, a 15 ft. green strip along
Brooklyn Boulevard was required as part of the then plan approval and was shown on the
development plans. This was prior to the time of the widening of Brooklyn Boulevard.
Additional right of way apparently was taken at the time which caused the green strip to be less
than the 15 ft. planned. The applicant notes this is a pre existing condition caused by the
roadway taking and they want to continue it as is. They also want to leave the curb line on the
truck center to be less than 15 ft. (an additional 235 lineal feet). The applicant has been advised
that the City has allowed less than 15 ft. green strips in other PUD developments only where the
developer has provided offsetting or mitigating techniques. In these cases, developers have
provided 3 %2 ft. high decorative fences (in all cases masonry piers with wrought iron fencing)
where green strips have been allowed to be less than 15 ft. Examples are the Westbrook
development (SA and Culver's) at the northeast corner of Brooklyn Boulevard and 69 Avenue
North; the SuperAmerica development at 57` and Logan Avenues North; the hotel/waterpark on
Earle Brown Drive. Brookdale was also allowed to provide a decorative wall along Xerxes
where the green strip was reduced (Note: They are committed to making this a decorative wall).
It is recommended that in this case, as part of the approval process, the applicant either provide a
15 ft. green strip or a comparable decorative fence of masonry and wrought iron in the areas
where the green strip is less than 15 ft. They argue that the 15 ft. green strip will adversely affect
site circulation and create significant inefficiencies resulting in loss of customer and display
parking. It appears that they have a significant surplus in parking and space that would allow the
mentioned inefficiencies to be overcome. Again, plan approval is recommended only with a 15
ft. green strip or an offsetting decorative fence.
The site plan shows what appears to be display pads in what are green strip areas adjacent to the
truck center. The ordinance provides that there shall be no off street parking, storage of vehicles
nor perimeter parking lot driveways within 15 ft. of any street right of way. These proposed
display areas should be removed from the plan.
GRADING/DRAINAGE/UTILITIES
The applicant has provided preliminary grading, drainage, utility and erosion control plans,
which are being reviewed by the Director of Public Works /City Engineer. His comments relative
to these items are attached for the Commission's review. Utilities for the truck center and Dodge
operation already exist and no plans for alterations are proposed. Site grading will need to be
accomplished around the Dodge truck center to tie that site in with the Dodge dealership.
B612 curb and gutter is shown around the perimeter of the site and the off site storage and
display lots. The plan calls for B412 curb and gutter in certain areas where automobile display
will in all likelihood take place. The City Engineer has indicated that the B412 curb and gutter
(which is a 4 inch high curb and a 12 inch wide gutter) may be appropriate in these areas where
water will not have to be conveyed. Approval of the curb and gutter plan is subject to approval
by the City Engineer.
Drainage from these sites will be directed to a regional storm water pond that is located in the
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Palmer Lake Basin. The overall drainage plan had been reviewed and approved by the Shingle
Creek Watershed Commission at the time the regional pond was developed. It is assumed that
calculations will have to be submitted to the City Engineer in order to determine the adequacy of
the ponding area to handle drainage from this site.
Again, it is pointed out that all parking and storage of vehicles must be on an improved hard
surface area of bituminous or concrete. No vehicle parking or storage may be in landscaped or
unimproved areas on the sites or within the green strips adjacent to street right of way.
LANDSCAPING/SCREENING.
The applicant has submitted a landscape plan in response to the landscape point system utilized
by the Commission to evaluate such plans. The applicant's are providing landscaping for the
5.74 acres of disturbed land within the site. It should be noted that landscaping exists on the
properties particularly along the north and west sides and also around the existing Brookdale
Dodge buildings. Streetscaping was provided in the boulevard right of way portions of Brooklyn
Boulevard during the widening of that facility a number of years ago. The proposed landscaping
is to compliment the existing streetscaping and existing landscaping on the sites. The 5.74 acres
of disturbed area requires a total of 425 landscape points. The applicant proposes to provide 428
landscape points in new landscaping including 21 deciduous trees such as Kentucky Coffee Tree,
Magyar Ginko, Autumn Spirea Maple and Heritage Birch. These deciduous trees are proposed to
be located on the 69 Avenue North green strip adjacent to the Dodge truck center and on the
Brooklyn Boulevard green strip adjacent to the display storage parking on the old Ryan
properties. Such trees are also proposed between the existing Dodge building and the Ryan
properties and an in island areas in the display /storage lot on the Ryan property. Nine coniferous
trees (Black Hills Spruce) will be located in a landscape strip between the Dodge building and
the old Ryan property. Thirty Nine decorative or ornamental trees are proposed such as
Euonymus trees and His Majesty Cork Tree. These too will be located in the landscape strip
between the Dodge building and the old Ryan property, on the green strip on the south side of the
display lot and in island areas by the truck center. Two hundred forty four shrubs such as Endora
Compact Juniper, Tauton Yew, Little Princess Spirea, Wintergreen Little Leaf Boxwood, Bush
Honeysuckle, and Dwarf Burning Bush are to be planted in island areas surrounding the
monitoring building adjacent to the Dodge truck center and also in island landscaped areas
around the truck center. Additional landscaping will be required during Phase Two approval of a
new automobile dealership on the old Ryan property and will be a subject of that Planned Unit
Development amendment.
With respect to screening, the ordinance requires a minimum 35 ft. buffer area where C -2
property abuts R -1, R -2 or R -3 zoned property at a property line. Such a buffer strip exists
between the existing Dodge property and the abutting residential properties to the east. The 35 ft.
buffer area contains an 8 ft. high combination masonry and opaque wood screening. This fence
also extends along the 69 Avenue North right of way providing screening of the parking and
storage lot from the residential property on the opposite side of 69th Avenue North. It is
recommended that this same style screening fence be extended to the west between the two
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Page 9
existing driveway openings servicing the Dodge truck center and Dodge operation. An existing
screen fence which screened the parking of vehicles on the old Taystee site will be removed. The
recommended fencing should provide sufficient screening for the residential properties on the
opposite side of 69 Avenue North.
The applicant has proposed that this screening be sufficient to allow the expansion of the
automotive repair facility. We concur with this comment and feel that the screening is
appropriate, as it has existed for a number of years in this area without significant problems. It
has also been noted that the applicant's intend to provide screening and lighting adjacent to the
residential property where it abuts with the former Ryan properties. This screening too should be
a minimum of 8 ft. high and should be comparable to the screening around the Dodge property.
The 35 ft. buffer requirement will be applied at the time the plans for the new dealership are
taken under consideration.
Underground irrigation is required to be provided in all landscaped areas to facilitate site
maintenance in accordance with the requirements of city ordinances. Such irrigation was
provided to the Dodge operation when it was expanded and such irrigation should be extended to
the Dodge truck center operation if it is not already provided.
BUILDING
The applicant has submitted building elevations for their proposed building additions. The
building exterior to the addition to the Brookdale Dodge showroom and service building will be
new EIFS to match the existing and new rockface concrete masonry units to also match the
existing. The service center addition is a concrete masonry unit painted to match the existing as
well. Modifications to the old Taystee building for the Dodge truck center include EIFS and
rockface concrete masonry units also to match the Dodge showroom.
LIGHTING/TRASH
The applicant has submitted a lighting plan indicating proposed foot candles that are consistent
with Section 35 -712 of the city ordinances. They have shown new lighting standards and
relocated lighting standards on the site. City ordinances require that all exterior lighting be
provided with lenses, reflectors or shades so as to concentrate illumination on the property.
Illumination is not permitted at an intensity level greater than 3 ft. candles measured at property
lines abutting residentially zoned property. A review of the foot candles proposed indicates that
they are within this standard. Our main concern is that all lighting be shielded and directed on
the site to avoid glare to abutting properties and abutting street right of way and that it be
consistent with the standards noted above.
A 16 ft. x 44 ft. trash enclosure is provided to the east of the Brookdale Dodge showroom. It will
be a rockfaced concrete masonry unit of about 7 ft. in height. Two by six inch vertical cedar
panels will be attached to a steel frame gate to provide total screening of the trash enclosure area.
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Page 10
i
PLATTING
A preliminary plat has been submitted under application 2005 -016, which will replat the two lots
at 6700 and 6800 Brooklyn Boulevard to accommodate the proposed expansion to the Dodge
showroom/service center. As indicated previously, the applicant is requesting that it not be
required to combine the Dodge truck center building with the Dodge dealership building due to
environmental concerns 'related to the clean up of the former Pilgrim site lying to the west.
Given the requirement for cross access and parking agreements, we do not feel that it is necessary
to require that the Dodge truck center site be combined even though the sites are under common
ownership and have a common use. At some point in the future, when there are not
environmental concerns related to this property, the applicant should combine these two sites into
a single lot consistent with the requirements of the zoning ordinance. However, the appropriate
easement agreements should suffice to meet the spirit of the zoning ordinance and such a
modification is recommended.
PROCEDURE
Rezoning applications in the past that have been considered by the Planning Commission were
typically referred to the respective Neighborhood Advisory Group for review and comment. In
this case, that would be the Northwest Neighborhood Advisory Group. However, State Statutes
require the City to respond to zoning applications within a 60 day time limit from the day a
properly submitted application has been filed with the City. This application was filed on
September 29, 2005. Due to zoning requirements for notice and publication, the application
needs to be submitted approximately four weeks prior to the Planning Commission's public
hearing. The clock, however, begins on the date the application is accepted. Therefore, the
zoning decision must be made by the City Council no later than November 28, 2005. Almost 30
days of the required 60 day time frame will have expired before the Planning Commission can
hold its public hearing. This requirement makes it difficult for the City to hold the
Neighborhood Advisory Group meetings we normally have. The Planning Commission
instituted a new procedure some time ago because it still wishes to receive Neighborhood
Advisory Group input with respect to these rezoning applications. We have invited the
Northwest Neighborhood Advisory Group members to the meeting and are encouraging their
comments and participation at this evening's meeting. A staff report will be delivered to the
Neighborhood Advisory Group members at the same time that it is delivered to the Planning
Commission members. Hopefully, they will have time to review the matter and make comment
to the Commission.
A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun/Post
and notices have been sent to neighboring property owners. The Planning Commission,
following the public hearing, may wish to consider a draft resolution which has been prepared for
consideration. The draft resolution outlines various possible findings with respect to the Planned
Unit Development and minimum conditions related to the development plan approval.
10 -27 -OS
Page 11
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City of Brooklyn Center
Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES.
1. Puroose
The City Council finds that effective maintenance of the comprehensive planning and land use
classifications is enhanced through uniform and equitable evaluation of periodic proposed changes
to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -167, the City
Council has established a rezoning evaluation policy and review guidelines.
2. Policv
It is the policy of the City that: A) Zoning classifications must be consistent with the
Comprehensive Plan, and, B) Rezoning proposals will not constitute "spot zoning defined as a
zoning decision, which discriminates in favor of a particular landowner and does not relate to the
Comprehensive Plan or to accepted planning principles.
3. Procedure
Each rezoning proposal will be considered on its merits, measured against the above policy and
against these guidelines, which may be weighed collectively or individually as deemed by the City.
4. Guidelines
A. Is there a clear and public need or benefit?
B. Is the proposed zoning consistent with and compatible with surrounding land use
classifications?
C. Can all permitted uses in the proposed zoning district be contemplated for development of the
subject property?
D. Have there been substantial physical or zoning classification changes in the area since the
subject property was zoned?
E. In the case of City initiated rezoning proposals, is there a broad public purpose evident?
F. Will the subject property bear fully the ordinance development restrictions for the proposed
zoning districts?
G. Is the subject property generally unsuited for uses "permitted the present zoning district, with
respect to size, configuration, topography or location?
H. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive
planning; 2) The lack of developable land in the proposed zoning district; or, 3) The best
interests of the community?
I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an
individual parcel?
section 35 -208
Revised 3 -01
Section 35 -341., 0-2 PUBLIC AND PRIVATE OPEN SPACE DISTRICT.
1. Permitted Uses
a. Public parks, playgrounds, athletic fields and other recreational uses of a
noncommercial nature.
b. Commercial recreational facilities of a semi -open nature such as golf courses and golf
driving ranges.
c. Accessory uses incidental to the foregoing principal uses when located on the same
property with the use to which it is accessory but not including any business or
industrial uses. Such accessory uses to include but not be restricted to the following:
1. Off street parking.
2. Public recreational buildings and parks, playgrounds and athletic fields.
3. Signs as permitted in the Brooklyn Center Sign Ordinance.
Section 35 -355., PLANNED UNIT DEVELOPMENT.
Subdivision 1. Purpose.
The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land
development and redevelopment, preserve aesthetically significant and environmentally sensitive site
features, conserve energy and ensure a high quality of design.
Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations.
a. Upon rezoning for a PUD, the district shall be designated by the letters "PUD" followed
by the alphanumeric designation of the underlying zoning district which may be either
the prior zoning classification or a new classification. In cases of mixed use PUDs, the
City Council shall, whenever reasonably practicable, specify underlying zoning
classifications for the various parts of the PUD.
When it is not reasonably practicable to so specify underlying zoning classifications, the
Council may rezone the district, or any part thereof, to "PUD- MIXED."
b. Regulations governing uses and structures in PUDs shall be the same as those governing
the underlying zoning district subject to the following:
City of Brooklyn Center 35-45 July 24,2004
f
1. Regulations maybe modified expressly by conditions imposed by the Council. at
the time of rezoning to PUD.
2. Regulations are modified by implication only to the extent necessary to comply
with the development plan of the PUD.
3. In the case of districts rezoned to PUD -NMD, the Council shall specify
regulations applicable to uses and structures in various parts of the district.
c. For purposes of determining applicable regulations for uses or structures on land
adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD
district, the underlying zoning classification of PUD districts shall be deemed to be the
zoning classification of the district. In the case of a district zoned PUD- MIXED, the
underlying zoning classification shall be deemed to be the classification which allows as
a permitted use any use which is permitted in the PUD district and which results in the
most restrictive regulation of adjacent or nearby properties.
Subdivision 3. Development Standards.
a. A PUD shall have a minimum area of one acre, excluding land included within the
floodway or flood fringe overlay districts and excluding existing rights -of -way, unless
the City finds that at least one of the following conditions exists:
1. There are unusual physical features of the property or of the surrounding
neighborhood such that development as a PUD will conserve a physical or terrain
feature of importance to the neighborhood or community;
2. The property is directly adjacent to or across a public right -of -way from property
which previously was developed as a PUD and the new PUD will be perceived as
and function as an extension of that previously approved development; or
3. The property is located in a transitional area between different land uses and the
development will be used as a buffer between the uses.
b. Within a PUD, overall density for residential developments shall be consistent with
Section 35 -400 of this ordinance. Individual buildings or lots within a PUD may exceed
these standards, provided that density for the entire PUD does not exceed the permitted
standards.
City of Brooklyn Center 35-46 July 24,2004
I
c. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35 -400
to 35 -414 and Section 35 -700 of this ordinance unless the developer can demonstrate to
the City's satisfaction that a lesser standard should be permitted with the addition of a
screening treatment or other mitigative measures.
d. Parking provided for uses within a PUD shall be consistent with the parking
requirements contained in Section 35 -704 of this ordinance unless the developer can
demonstrate to the City's satisfaction that a lesser standard should be permitted on the
grounds of the complementarity of peak parking demands by the uses within the PUD.
The City may require execution of a restrictive covenant limiting future use of the
property to those uses which will continue this parking complementarity, or which are
otherwise approved by the City.
Subdivision 4. General Standards.
a. The City may allow more than one principal building to be constructed on each platted
lot within a PUD.
b. A PUD which involves only one land use or a single housing type may be permitted
provided that it is otherwise consistent with the purposes and objectives of this section.
c. A PUD may only contain uses consistent with the City's Comprehensive Plan.
d. All property to be included within a PUD shall be under unified ownership or control or
subject to such legal restrictions or covenants as maybe necessary to ensure compliance
with the approved development plan and site plan.
e. The uniqueness of each PUD requires that specifications and standards for streets,
utilities, public facilities and the approval of land subdivision may be subject to
modifications from the City Ordinances generally governing them. The City Council
may, therefore, approve streets, utilities, public facilities and land subdivisions which are
not in compliance with usual specifications or ordinance requirements where it is found
that such are not required in the interests of the residents or of the City, except that these
subdivisions and plans must be in conformance with all watershed, state, and federal
storm water, erosion control, and wetlands requirements.
Subdivision 5. Application and Review.
a. Implementation of a PUD shall be controlled by the development plan. The
development plan maybe approved or disapproved by the City Council after evaluation
by the Planning Commission.
City of Brooklyn Center 35 -47 July 24,2004
Submission of the development plan shall be made to the Director of Planning and
Inspection on such forms and accompanied by such information and documentation as
the City may deem necessary or convenient, but shall include at a minimum the
following:
1. Street and utility locations and sizes;
2. A drainage plan, including location and size of pipes and water storage areas;
3. A grading plan, including temporary and permanent erosion control provisions;
4. A landscape plan;
5. A lighting plan;
6. A plan for timing and phasing of the development;
7. Covenants or other restrictions proposed for the regulation of the development;
8. A site plan showing the location of all structures and parking areas;
9. Building renderings or elevation drawings of all sides of all buildings to be
g g g g
constructed in at least the first phase of development; and
10. Proposed underlying zoning classification or classifications.
Such information may be in a preliminary form, but shall be sufficiently complete and
accurate to allow an evaluation of the development by the City.
b. The Planning Commission shall hold a public hearing on the development plan. Notice
of such public hearing shall be published in the official newspaper and actual notice
shall be mailed to the applicant and adjacent property owners as required by Section 35-
210 of this ordinance. The Planning Commission shall review the development plan and
make such recommendations as it deems appropriate regarding the plan within the time
limits established by Section 35 -210 of this ordinance.
c. Following receipt of the recommendations of the Planning Commission, the City
Council shall hold such hearing as it deems appropriate regarding the matter. The City
Council shall act upon the development plan within the time limits established by
Section 35 -210 of this ordinance.
City of Brooklyn Center 35-48 July 24,2004
Approval of the development plan shall constitute rezoning of the property to PUD and
conceptual approval of the elements of the plan. In addition to the guidelines provided
in Section 35 -208 of this. ordinance, the City Council shall base its actions on the
rezoning upon the following criteria:
1. Compatibility of the plan with the standards, purposes and intent of this section;
2. Consistency of the plan with the goals and policies of the Comprehensive Plan;
3. The impact of the plan on the neighborhood in which it is to be located; and
4. The adequacy of internal site organization, uses, densities, circulation, parking
facilities, public facilities, recreational areas, open spaces, and buffering and
landscaping.
The City Council may attach such conditions to its approval as it may determine to be
necessary to better accomplish the purposes of the PUD district.
d. Prior to construction on any site zoned PUD, the developer shall seek plan approval
pursuant to Section 35 -230 of this ordinance. In addition to the information specifically
required by Section 35 -230, the developer shall submit such information as may be
deemed necessary or convenient by the City to review the consistency of the proposed
development with the approved development plan.
The plan submitted for approval pursuant to Section 35 -230 shall be in substantial
compliance with the approved development plan. Substantial compliance shall mean
that buildings, parking areas and roads are in essentially the same location as previously
approved; the number of dwelling units, if any, has not increased or decreased by more
than 5 percent; the floor area of nonresidential areas has not been increased or decreased
by more than 5 percent; no building has been increased in the number of floors; open
space has not been decreased or altered from its original design or use, and lot coverage
of any individual building has not been increased or decreased by more than 10 percent.
e. Prior to construction on any site zoned PUD, the developer shall execute a development
agreement in a form satisfactory to the City.
f. Applicants may combine development plan approval with the plan approval required by
Section 35 -230 by submitting all information required for both simultaneously.
g. After approval of the development plan and the plan approval required by Section 35-
230, nothing shall be constructed on the site and no building permits shall be issued
except in conformity with the approved plans.
City of Brooklyn Center 35 -49 July 24,2004
h. If within 12 months following approval by the City Council of the development plan, no
building permits have been obtained or, if within 1.2 months after the issuance of
building permits no construction has commenced on the area approved for the PUD
district, the City Council may initiate rezoning of the property.
i. Any major amendment to the development plan may be approved by the City Council
following the same notice and hearing procedures specified in this section. An
amendment shall be considered major if it involves any change greater than that
permitted by subdivision 5d of this section. Changes which are determined by the City
Council to be minor may be made if approved by the Planning Commission after such
notice and hearing as may be deemed appropriate by the Planning Commission.
City of Brooklyn Center 35 -50 July 24,2004
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: October 21, 2005
TO: Ron Warren, Planning and Zoning Specialist
FROM: Todd Blomstrom, Director of Public Works 10
SUBJECT: BRI MAR 2 ND Addition
Brookdale Chrysler -Jeep
Planning Commission Applications 2005 -15 and 2005 -16
Public Works Department staff reviewed the following preliminary documents submitted for review
under Planning Commission Applications 2005 -15 and 2005 -16 for the auto dealership site located
at the intersection of Brooklyn Boulevard and 69` Avenue North.
Preliminary Plat for BRI MAR 2 Addition, dated October 6, 2005
Sheet C -102, Demolition Plan, dated September 28, 2005
Sheet C -103, Overall Preliminary Site Plan, dated September 28, 2005
Sheet C -104, Preliminary Grading and Utility Plan, dated September 28, 2005
Sheet C -601, Site Grading and Utility Plan North, dated September 28, 2005
Sheet C -602, Site Grading and Utility Plan South, dated September 28, 2005
Preliminary Plat
The applicant is proposing to replat Lots 1 and 2, Bri Mar Addition. The preliminary plat generally
consists of the relocation of an internal lot line separating Lots 1 and 2 of Bri Mar Addition. Lot 1,
Block 1, Chrysler Realty Addition is also shown on the preliminary plat. However, the applicant
has indicated that the land within the Chrysler Realty Addition boundary will not be replatted at this
time. The following recommendations regarding the preliminary plat are provided for
consideration.
1. The proposed development site is adjacent to County State Aid Highway 152. A copy of
the preliminary plat was submitted to Hennepin County Transportation Planning Division
for review on October 21, 2005. The final plat must conform to requirements as set forth by
Hennepin County.
2. The applicant shall provide the City with an executed copy of a shared access easement for
the proposed shared driveway access onto CSAH 152 at 68` Avenue North prior to release
of the final plat.
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
3. The final plat shall include 10 -ft wide drainage and utility easements along the perimeter of
the plat and along internal property lines. The final plat shall also include a drainage and
utility easement extending over the boundary of the existing signal and utility easement per
Document No. 3457153 and Document No. 3457154.
4. The applicant shall provide written certification from a licensed land surveyor that the
existing sidewalk along Brooklyn Boulevard does not encroach into the proposed plat
boundary for Lots 1 and 2. If the existing sidewalk does encroach into the plat boundary,
the applicant shall dedicate adequate sidewalk easement to cover the encroaching sidewalk
segment(s).
5. The applicant shall be responsible for coordinating site development plans with Xcel
Energy, CenterPoint Energy, Quest Communications and other private utility companies.
6. All easements necessary to provide utility service to the proposed site development shall be
dedicated to the public for public use with the final plat.
7. The applicant property owner shall enter into a utility maintenance agreement with the City
to provide for the long term maintenance of private utilities and storm water facilities that
will serve a joint or common use between Lots 1 and 3 of the proposed plat.
Water and Sanitary Sewer Utilitv Service
Public utility services are provided to the existing building within Lot 1 from water main and
sanitary sewer main along 69 Avenue North. Public utility services are provided to the buildings
located within Lot 2 from water main located within Brooklyn Boulevard and a sanitary sewer main
extending into the site from Grimes Avenue across the southern property line of the Victoria
Townhome complex located to the east. The following recommendations are provided for
consideration.
1. The water services leading to the "Dodge Truck Center" building and all buildings located
within Lot 2 of the proposed plat do not appear to be shown on the preliminary plans. Final
site plans shall be amended to show the water services to these buildings. The "Dodge
Truck Center" building shall have a separate water service extending into the side from 69
Avenue North or the water service shall be subject to the utility maintenance agreement
noted above.
2. The existing 8 -inch diameter sanitary sewer service extending from the "Brookdale Dodge
Chrysler Jeep" building is shown as an 8 -inch diameter PVC pipe leading to a 6 -inch
diameter VCP pipe that drains to 69 Avenue. The applicant's engineer shall confirm that
the existing sanitary sewer service has sufficient conveyance capacity for the proposed
building expansion.
3. The demolition plan indicates that a 6 -inch or 8 -inch diameter water main currently extends
under the" 1 story (octagon shaped) block building" scheduled to be removed. The
applicant shall locate the isolation valve within the right -of -way for this water main lead and
verify proper operation of the valve prior to building demolition. If an isolation valve for
the water main lead can not be located at the west property line, the applicant shall install an
isolation valve at the west property line in compliance with City standards as determined by
the Supervisor of Public Utilities.
4. All water and sewer services for the existing buildings scheduled for removal within the plat
boundary must be disconnected at the public mains prior to building demolition. Service
disconnections shall be done in conformance with sewer and water service disconnection
specifications available at the city engineering division office.
Site Lavout and Traffic
Traffic access to Lots 1 and 2 of the proposed plat includes a signalized intersection at 68 Avenue
North along the west boundary of Lot 1 and a right -in right -out access point along the west
boundary of Lot 2. The signalized intersection at 68 Avenue North is intended to serve both Lots
1 and 2 through a driveway access agreement that must be amended prior to release of the final plat.
The anticipated land use for the site is not expected to significantly modify traffic patterns from the
pre- existing land use within the site. The following recommendations are provided for
consideration.
1. The applicant shall take appropriate measures to protect and preserve all trees, landscaping
items, street lights and sidewalk within the public right -of -way and highway easements
extending along Brooklyn Boulevard (CSAH 152) and 69 Avenue North.
2. All curb replacement adjacent to the perimeter of the plat boundary shall be Type B612 or
B618. The applicant is proposing to construct curb Type B412 at several locations within
the site. Type B412 curb is acceptable only in locations not adjacent to the outer perimeter
of the site and where adequate drainage is available.
3. The applicant shall provide for the installation of new traffic control (Stop) signs at all site
egress points that are not currently controlled by traffic signals.
4. The demolition plan indicates removal of the existing wire and wood fence along the eastern
property line of the site. Replacement of the fence for security and screening purposes shall
be subject to review and approval by the Community Development Department.
Storm Water Management
The applicant has provided data showing that the proposed site improvements reduce the
impervious surface area within the site by approximately 12,000 square feet. A representative of
the Shingle Creek Watershed Commission has reviewed the site plans and has indicated that the
watershed will not require additional storm water management measures within the site based on
the availability of existing regional treatment ponds located downstream from the site. The
following recommendations are provided for consideration.
1. The storm sewer pipe extending from structure CB #1 as shown on sheet C -601 shall be
relocated to connect to the existing 27 -inch diameter storm sewer at approximately a 90
degree angle. This will require the installation of an additional storm sewer manhole
structure.
2. The storm sewer plan as shown on Sheet C -602 includes the installation of new storm sewer
pipes and catch basins discharging into the existing storm sewer structure adjacent to
Brooklyn Boulevard. The site plan should be amended to include the replacement of the
second segment of storm sewer pipe downstream from storm structure CB #7. The plan
shall be amended to provide more detail as to how the new curb will tie into the existing
storm structure along Brooklyn Boulevard.
3. Temporary erosion control inlet protection shall be placed at all existing and new catch
basin locations where pavement is removed to accommodate the proposed site
improvements.
4. Erosion control silt fence shall be installed along the property line at all locations where
existing curb will be removed along Brooklyn Boulevard as part of the proposed site
improvements.
5. An NPDES construction site erosion control permit must be obtained from the Minnesota
Pollution Control Agency prior to disturbing the site.
The above comments are provided based on the information submitted by the applicant at the time
of this review. Subsequent approval of the final plat and 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 public officials having jurisdiction over approval of the final
site plans.
September 29, 2005
Mr. Ron Warren
Planning Department
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Re: PUD Application -The Luther Company Limited Partnership
Dear Mr. Warren:
The Luther Company Limited Partnership is submitting its PUD application for
the redevelopment of the Brooklyn Center properties located at 4215 69 Ave. Taystee
site), 6700 Brooklyn Blvd. (former Ryan property), and 6800 Brooklyn Blvd. Brookdale
Dodge property).
Luther has operated a Chrysler Jeep dealership at 6121 Brooklyn Boulevard in
Brooklyn Center since it acquired the franchise in 2001. In November of 2004, the
Luther Automotive Group acquired the Dodge franchise, located at 6800 Brooklyn
Boulevard. As part of the acquisition, the manufacturer required Luther to consolidate
dealership operations at the 6800 Brooklyn Boulevard site and make facility
modifications incorporating the Daimler Chrysler design elements and changes to
accommodate operational needs.
The redevelopment is a two -phase process. Phase I is the Dodge redevelopment
at 6800 Brooklyn Boulevard, 4215 69 Avenue and the demolition of the Ryan properties
at 6700 Brooklyn Boulevard. Phase II is a future dealership site on the south side of the
property at 6700 Brooklyn Boulevard.
Phase I of the redevelopment consists of modifications to the former Taystee
building located at 4215 69 Avenue. The most northerly portion of the building will be
removed to allow for better site circulation and the building converted from a warehouse
to a showroom. A retail entrance will be added to the west side of the building and the
grade of the site will be blended with the Brookdale Dodge site. This building will
become the new Dodge Truck Sales Center.
Also included in Phase I of redevelopment are two small additions to the existing
Brookdale Dodge building. The first addition is on the west side of the building where a
two story addition will include administrative offices on the ground level (2,320 sq.ft.)
and parts storage on the upper level (2,320 sq.ft.). The second addition is on the east side
of the building where a four bay vehicle prep area will be added (1,920 sq. ft.).
i
701 XENIA AVENUE SOUTH SUITE 220 GOLDEN VALLEY, MN 55416
tel: 763.593.5755 fax: 763.593.0769 web: www.lutherauto.com email: info @Iutherauto.com
The former Ryan buildings located at 6700 Brooklyn Boulevard will be
demolished as part of Phase I. Minimal site work will occur in the former building
footprints to accommodate an interim use as vehicle storage. Additionally, site fencing
and security lighting will be replaced. The 14.69 acre site will be replaced into three
separate lots. There are compelling reasons why the property lines will not be combined
as part of this replat. The first is the environmental issues that accompany the Taystee
site. Part of the Taystee site may be considered a Superfund site because it is directly
adjacent to the active Pilgrim State Superfiind Site and the groundwater and soils on it are
impacted. It is our intention to use these properties as one for the purposes of a total site
development, but to maintain the lots as separate for the reason cited. The Ryan property
will also remain separate for the purposes of replatting. The second reason is the Dodge
site is subject to site control by Daimler Chrysler and combining the properties will result
in site control of the Ryan property.
When the Dodge building was expanded and improved in 2001, the yard was in
conformance with the 15' set back requirement. As part of the Brooklyn Boulevard
expansion project 7.5' of the front yard was taken in the condemnation resulting in the
condition that exists today. It is our intention as part of the PUD approval to bring the
entire site into conformance in areas of new development to the 15' required setback, but
in areas where there is a pre- existing condition, to leave setbacks as they exist. The
specific area affected by this is the 270' strip in front of the Dodge building. Compliance
with the 15' setback requirement in this area would adversely affect site circulation and
create significant inefficiencies resulting in loss of customer and display parking.
Phase II entails the redevelopment of the former Ryan property for a full service
automobile dealership. The 15' setback requirement for this parcel will be brought into
compliance in Phase II.
The Luther Automotive Group has been a part of the Brooklyn Center community
for many years. We are excited about this project and continuing our positive working
relationship with the City of Brooklyn Center. We thank you for your consideration for
this request and look forward to answering any questions you may have at the October
27, 2005 Planning Commission meeting.
Sincerely,
Z<
Linda McGinty
cO_d
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Member Sean Rahn introduced the following resolution and moved
its adoption:
.j
n PLANNING COMMISSION RESOLUTION NO. 2005 -03
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2005 -015 SUBMITTED BY
THE LUTHER COMPANY LIMITED PARTNERSHIP
WHEREAS, Planning Commission Application No. 2005 -015 submitted by the
Luther Company Limited Partnership proposes rezoning from C -2 (Commerce) to PUD /C -2
(Planned Unit Development/Commerce) of three contiguous lots located on the easterly side of
Brooklyn Boulevard between I -94 and 69" Avenue North and addressed as 6700 Brooklyn
Boulevard, 6800 Brooklyn Boulevard and 4215 69' Avenue North and
WHEREAS, the proposal comprehends the rezoning of the above mentioned
property and development plan approval for a two phase redevelopment and expansion of the
Brookdale Dodge automobile dealership and the former Ryan property; and
WHEREAS, the Planning Commission held a duly called public hearing on
October 27, 2005 when a staff report and public testimony regarding the rezoning and
development plan were received; and
P P
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 provision of the Planned Unit Development
ordinance contained in Section 35 -355 of the City' s Zoning Ordinance and the City' s
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission
of the City of Brooklyn Center to recommend to the City Council that Application No. 2005 -015
submitted by the Luther Company Limited Partnership be approved based upon of the following
P Y o
P
PP P g
considerations:
1. The Planned Unit Development proposal 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 p 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 automobile repair to abut residential
i
property, a less than 15 ft. green strip adjacent to Brooklyn Boulevard right of
way and not requiring two parcels that are under common ownership and
proposed for common use to be required to be replatted into a single lot. These
modifications from the Zoning Ordinance standards are justified on the basis of
the development being an appropriate redevelopment of this area and that they are
offset 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 redevelopment can be considered an asset to the
community.
6. Based upon 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 -015 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 building permits.
2. Grading, drainage, utility and erosion control plans are subject to review and
approval by the City Engineer prior to the issuance or 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 for both
the Brookdale Dodge properties and the old Ryan property.
4. B -612 curb and gutter shall be provided around all parking and driving areas
except for where the City Engineer may authorize a lesser standard such as B-412
curb and gutter in non drainage areas.
5. Any outside trash disposal facilities and rooftop or on ground mechanical
equipment shall be appropriately screened from view.
6. The buildings and building additions 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.
i
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. The owner of the property shall enter into an easement and agreement for
maintenance and inspection of utility and storm drainage systems as approved by
the City Engineer prior to issuance of building permits.
11. All work performed and materials used for construction of utilities shall conform
to the City of Brooklyn Center Standard Specifications and Details.
12. 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.
13. No building permit will issued g p be for construction of the proposed building until
the plat comprehended under Planning Commission Application No. 2005 -016 has
been given final approval by the City Council and filed with Hennepin County.
14. The applicant shall enter into a PUD agreement with the City of Brooklyn Center
to be reviewed and approved b the City Attorney prior to the issuance of building
PP Y tY Y P g
permits. Said agreement shall be filed with the title to the property and shall
acknowledge the specific modifications to the C -2 underlying zoning district as
well as other conditions of approval. The agreement shall further assure
compliance with the development plans submitted with this application.
15. Approval of this Planned Unit Development acknowledges the remodeling of the
proposed Dodge truck center and the expansion of the Brookdale Dodge
showroom/service center and the use of part of the old Ryan property for storage
and display of vehicles only. Plans for a new dealership at 6700 Brooklyn
Boulevard are subject to an amendment to this Planned Unit Development.
16. The owner shall enter into cross access and parking agreements, as approved by
the City Attorney, for the Dodge truck center operation and the Dodge
showroom/service center (4215 69" Avenue North and 6800 Brooklyn Boulevard,
respectively). Said easements shall be executed and filed with the titles to the
'AINIL properties prior to the issuance of building permits.
17. The development plans shall be modified prior to the issuance of building permits
in the following manner:
a. Either provide a 15 ft. green strip adjacent to the Brooklyn Boulevard right of:'._:
way or a 3 '/z ft. high decorative fence of masonry piers and wrought iron in
areas where the green strip along Brooklyn Boulevard is less than 15 ft.
b. The elimination of display areas along Brooklyn Boulevard within the 15 ft.
green strip area.
c. The continuation of a masonry wood opaque 8 ft. high screen fence alon g
m'y g
the easterly portion of the Ryan properties to sufficiently screen that site from
abutting residential property and the continuation of this same style fence
westerly along the 69" Avenue North green strip between the two access
drives serving 4215 69" Avenue North.
.October 27, 2005
Date Chair
L
TEST: C
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member
Tim Roche and upon vote being taken thereon, the following voted in favor
thereof: Chair Willson, Commissioners Berns, Boeck, Lund, Newman, Rahn and Roche.
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
OCTOBER 27, 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 Eric Berns, Graydon Boeck, Rachel Lund, Rex Newman,
Sean Rahn, and Tim Roche were present. Also present were Secretary to the Planning
Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission
Recording Secretary Rebecca Crass.
APPROVAL OF MINUTES OCTOBER 13, 2005
There was a motion by Commissioner Roche, seconded by Commissioner Lund,
to approve the minutes of the October 13, 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 -016 THE LUTHER COMPANY LIMITED PARTNERSHIP
Chair Willson introduced Application No. 2005 -016, a request from The Luther Company
Limited Partnership for preliminary plat approval to divide and combine to reconfigure two
existing lots addressed as 6800 Brooklyn Boulevard and 6700 Brooklyn Boulevard for the
purpose of a two phase redevelopment and expansion of the existing car dealerships located on
these properties
Mr. Warren presented the staff report describing the location of the property and the proposal.
(See Planning Commission Information Sheet dated 10 -27 -05 and the Director of Public Works'
memo dated 10 -21 -05 for Application No. 2005 -016, attached.) Mr. Warren explained that the
applicant is also seeking rezoning and development plan approval through the Planned Unit
Development (PUD) process under Planning Commission Application No. 2005 -015 for two
phase redevelopment and expansion of the Brookdale Dodge automobile dealership and the
former Ryan Olds property.
APPLICATION NO. 2005 -015 THE LUTHER COMPANY LIMITED PARTNERHSIP
Chair Willson introduced Application
pp ication No. 2005 015, a request from The Luther Company
Limited Partnership for rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit
Development /Commerce) of three contiguous lots located easterly of Brooklyn Boulevard
between I -94 and 69"' Avenue North and development plan approval through the PUD process
for a two phase redevelopment and expansion of the Brookdale Dodge automobile dealership
and the former Ryan Olds property.
Mr. Warren presented the staff report describing the location of the property and the proposal.
(See Planning Commission Information Sheet dated 10 -27 -05 and the Director of Public Works'
memo dated 10 -21 -05 for Application No. 2005 -016, attached.)
PUBLIC HEARING APPLICATION NO. 2005 -015 AND 2005 -016
There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to open the
public hearing on Application No. 2005 -015 and 2005 -016, at 9:32 p.m. The motion passed
unanimously.
Chair Willson called for comments from the public.
Mr. John Baker, Baker Associates Architects, 150 South 5th Street, Minneapolis, Minnesota and
Linda MGinty, The Luther Companies, 701 Xenia Avenue South, Golden Valley, Minnesota
introduced themselves as representing the applicant.
Mr. Baker stated that Mr. Warren's presentation was very thorough; however, he would like to
add a few comments. He displayed a site plan and further described proposed changes to the
sites. He stated that the applicant is not opposed to putting fencing along the boulevard but
disagrees with staff that putting in a 15 ft. green strip would not adversely affect the flow of
business on the site. He added that doing so would essentially eliminate 30 spaces of vehicle
display on the site and the continuation of decorative fencing from 69 Avenue to 694 would
create a more consistent look on the site. He indicated that they would prefer to install the
decorative fence rather than provide a full 15 ft. green strip.
Mr. Warren clarified that there would be an 8 ft. high screen fence along the Ryan property
where it abuts with residentially zoned property to the east during the interim of redevelopment
until Phase Two begins.
Ms. McGinty inquired of the Commission if the fencing would need to be continued onto the
property at the corner of 69 if in the future they acquire the property currently owned by the
highway department for right of way. Chair Willson commented that he assumed the
recommendation would be the same, that being if there is less than a 15 ft. green strip, there
should be a decorative fence.
Mr. Baker also stated that they would remove or move back the display pads along Brooklyn
Boulevard as recommended. He added that the old Taystee site has been deemed a "Super Fund
Site" and it is for that reason that it is not being combined with the other parcels until it is
cleaned up and an environmentally safe site on the advise of their attorneys.
Commissioner Roche suggested that the applicant to extend the Norway Pine landscaping along
69 Avenue North to better blend in with what's currently there.
Ms. Vicki VanDell, of Sunde Land Surveying, 9001 E. Bloomington Freeway, Bloomington,
Minnesota, addressed the landscaping on the site and their willingness of substituting greenery
and landscaping with that suggested by the Commission.
No other persons from the public appeared before the Commission during the public hearing on
Application No. 2005 -015 and 2005 -016.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Newman, seconded by Commissioner Lund, to close the
public hearing on Application Nos. 2005 -015 and 2005 -016, at 9:51 p.m. The motion passed
unanimously.
The Chair called for further discussion or questions from the Commissioners. Following some
clarifying questions and comments, the Commissioners interposed no objections to approval of
the Application with some minor mofdifications.
ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2005 -016 THE
LUTHER COMPANY LIMITED PARTNERSHIP
There was a motion by Commissioner Rahn, seconded by Commissioner Roche, to recommend
to the City Council that it approve Application No. 2005 -016, submitted by The Luther
Company Limited Partnership for Preliminary Plat approval to divide and combine to
reconfigure two existing lots addressed as 6800 Brooklyn Boulevard and 6700 Brooklyn
Boulevard subject to the following conditions:
1. The final plan is subject to review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
3. Approval of this preliminary plat is contingent upon approval of Planning
Commission Application No. 2005 -015
4. Appropriate cross access and cross parking agreements between Lot 1, Block 1,
Chrysler Realty Addition and the proposed Lot 1, Block 1, Bri Mar 2 °a Addition,
as approved by the City Attorney, shall be developed and filed with the titles to
the property.
5. The applicant shall provide the City with an executed copy of a shared access
easement between the proposed Lots 1 and 2, Bri Mar 2" a Addition prior to final
plat approval.
6. The applicant shall execute all easements required by the City Engineer for
drainage and utility purposes prior to final plat approval.
7. The applicant shall provide written certification from a licensed land surveyor that
the existing sidewalk along Brooklyn Boulevard does not encroach into the
boundaries of the proposed Lots 1 and 2, or provide the appropriate sidewalk
easement dedication along with the final plat.
8. Building permits for construction of any of the buildings comprehended under
Planning Commission Application No. 2005 -015 shall not be issued until the
final plat has been approved by the City Council and filed with Hennepin County.
Voting in favor: Chair Willson, Commissioners Berns, Boeck, Lund, Newman, Rahn, and
Roche. The motion passed unanimously.
The Council will consider the application at its November 14, 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.
ACTION TO RECOMMEND APPROVAL OF RESOLUTION NO. 2005 -03
There was a motion by Commissioner Newman, seconded by Commissioner Berns, to approve
Planning Commission Resolution No. 2005 -03 regarding the recommended disposition of
Planning Commission Application No. 2005 -015 submitted by The Luther Company Limited
Partnership. The motion passed unanimously.
Voting in favor: Chair Willson, Commissioners Berns, Boeck, Lund, Newman, Rahn, and
Roche.
And the following voted against the same: None
Whereupon said resolution as declared duly passed and adopted.
Resolution 2005 -03 is made part of these minutes by attachment.
The Council will consider this application at its November 14, 2005 meeting. The applicant
must be present. Major changes to the application as reviewed by the Planning Commission will
require that they be returned to the Commission for reconsideration.
OTHER BUSINESS
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
10:14 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION REGARDING THE DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 2005 -015 SUBMITTED BY THE
LUTHER COMPANY LIMITED PARTNERSHIP
WHEREAS, Planning Commission Application No. 2005 -015 submitted by the
Luther Company Limited Partnership proposes rezoning from C -2 (Commerce) to PUD /C -2
(Planned Unit Development /Commerce) of three contiguous lots located on the easterly side of
Brooklyn Boulevard between I -94 and 69`' Avenue North and addressed as 6700 Brooklyn
Boulevard, 6800 Brooklyn Boulevard and 4215 69' Avenue North; and
WHEREAS, the proposal comprehends the rezoning of the above mentioned
property and development plan approval for a two phase redevelopment and expansion of the
Brookdale Dodge automobile dealership and the former Ryan property; and
WHEREAS, the Planning Commission held a duly called public hearing on
October 27, 2005 when a staff report and public testimony regarding the rezoning and
P P Y g g g
development plan were received; and
is WHEREAS, the Planning Commission recommended approval of Application No.
2005 -015 by adopting Planning Commission Resolution No. 2005 -03 on October 27, 2005; and
WHEREAS, the City Council considered Application No. 2005 -015 at its
November 14, 2005 meting; and
WHEREAS, the City Council has 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 provision of the Planned Unit Development
ordinance contained in Section 35 -355 of the City's Zoning Ordinance, the City's Comprehensive
Plan and the Planning Commissions recommendations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Application No. 2005 -015 submitted by the Luther Company Limited
Partnership be approved based upon of the following considerations:
1. The Planned Unit Development proposal is compatible with the standards,
purposes and intent of the Planned Unit Development section of the City's Zoning
Ordinance.
RESOLUTION NO.
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 automobile repair to abut residential
property, a less than 15 ft. green strip adjacent to Brooklyn Boulevard right of
way and not requiring two parcels that are under common ownership and
proposed for common use to be required to be replatted into a single lot. These
modifications from the Zoning Ordinance standards are justified on the basis of
the development being an appropriate redevelopment of this area and that they are
offset 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 redevelopment can be considered an asset to the
community.
6. Based upon 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 -015 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 building permits.
2. Grading, drainage, utility and erosion control plans are subject to review and
approval by the City Engineer prior to the issuance or 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 for both
the Brookdale Dodge properties and the old Ryan property.
RESOLUTION NO.
4. B -612 curb and gutter shall be provided around all parking and driving areas
except for where the City Engineer may authorize a lesser standard such as B -412
curb and gutter in non drainage areas.
5. Any outside trash disposal facilities and rooftop or on ground mechanical
equipment shall be appropriately screened from view.
6. The buildings and building additions 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. The owner of the ro ert shall enter into an easement and agreement for
P P Y g
maintenance and inspection of utility and storm drainage systems as approved by
the City Engineer prior to issuance of building permits.
11. All work performed and materials used for construction of utilities shall conform
to the City of Brooklyn Center Standard Specifications and Details.
12. 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.
13. No building permit will be issued for construction of the proposed building until
the plat comprehended under Planning Commission Application No. 2005 -016 has
been given final approval by the City Council and filed with Hennepin County.
14. 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 C -2 underlying zoning district as
well as other conditions of approval. The agreement shall further assure
compliance with the development plans submitted with this application.
RESOLUTION NO.
16. The owner shall enter into cross access and parking agreements, as approved by the
City Attorney, for the Dodge truck center operation and the Dodge
showroom/service center (4215 69 th Avenue North and 6800 Brooklyn Boulevard,
respectively). Said easements shall be executed and filed with the titles to the
properties prior to the issuance of building permits.
17. The development plans shall be modified prior to the issuance of building permits in
the following manner:
a. Either provide a 15 ft. green strip adjacent to the Brooklyn Boulevard right of
way or a 3 '/2 ft. high decorative fence of masonry piers and wrought iron in
areas where the green strip along Brooklyn Boulevard is less than 15 ft.
b. The elimination of display areas along Brooklyn Boulevard within the 15 ft.
green strip area.
c. The continuation of a masonry and wood opaque 8 ft. high screen fence along
the easterly portion of the Ryan properties to sufficiently screen that site from
abutting residential property and the continuation of this same style fence
westerly along the 69 Avenue North green strip between the two access drives
serving 4215 69 Avenue North.
November 14, 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 OF BROOKLYN CENTER
Notice is hereb iven that a ublic hearin will be held on the 12' day of December, 20 5 at
Yg p g Y 0
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 (easterly of Brooklyn Boulevard between I -94 and 69"
Avenue North).
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY
ORDINANCES REGARDING THE ZONING CLASSIFICATION OF
CERTAIN LAND (EASTERLY OF BROOKLYN BOULEVARD BETWEEN
I -94 AND 69 AVENUE NORTH)
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is
hereby amended in the following manner:
Section 35 -1190. COMMERCE DISTRICT T 1 wi r
C (C2) he follo ng p operties are
hereby established as being within the (C2) Commerce District zoning classification:
That a ft of T-r-aet A, Registered h S urvej rr 51n
linelthe- west property line oLots 1 chsvugh 4, Bleek 2, Surnzse- Manor- Addre�oi3
exten s tfa i li r. .a1, i• f •r D r S'.ale .595.
vi1�.LVN 111 W ULl K1�11L�Ir n
Lots a-ough- Sleek 3, and r- �Ttlfough 10, Blo„'�nd that poi4ion f
...,,L.L...L) iau� -Avenue ly be two v:vcc,,,
T-r-aet B, Registered d Stir-ve3 Ne. 370.
.a......, R Land aprwy rr'v. 020
Trµet n Registered La Survey N n 57
T z ra s B and G, Registered Land Sun -No. 5n-5.
Th p of er S ubdivision TAT, 75 ,low r ;l,oA as f e ll
ra. Gemme
at a point in the nei4h line of Seetion 34 distant 751.717 feet west ffefn the neftheast
o f 2 1 9-.74-feet
f;. Vlll th l; f S 3 the ne e w est al ong li par allel t a nd 2 -3
11 111V 11V1 r,,,ft A i.e i
7 f
along said wester4y line of Let 1
nefth line of Seefien 7 beginning
eiiveYl read a
Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The
following properties are hereby established as being within a (PUD) Planned Unit Development
zoning classification:
4. The following properties are designated as PUD /C2 (Planned Unit
Development/Commerce):
Lot 1. Block 1. Chrvsler Realtv Addition
Lots 1 and 2. Block 1. Bri Mar 2 nd Addition
Section 2. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of .2005.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(St-Fikeeut indicate matter to be deleted, underline indicates new matter.)
City Council Agenda Item No. 9a
City Council Report
November 14, 2005
Summer Sweep Wrap -up
12 -913 Update
0
Summer Sweep 2005
Total Violations
2005 2004 2003
964 1083 1462
CODE E\FORCEME\T
Jan. 1St Sept. 3 0th
Number of Violation(s) by Tvpe: 2005 2004 2003
Garbage Storage/Removal 324 103 168
Parts/Engines Related Items 7 16 17
Accum/ of Rubbish/Brush/Debris 149 185 244
Accum. Of Junk/Furniture /Appli. 117 155 135
Storage of Commercial Vehicles 3 10 3
Illegal Parking/Storage of Vehicles 122 120 178
Unlicensed /Inoperable Vehicles 153 204 251
Yard Maintenance (Seed sod) 10 46 4
Proper Addressing 16 12 34
Public Nuisance 3 13 12
Miscellaneous 4 11 11
Fences 13 24 45
Accessory Buildings 21 73 145
Windows/Doors /Screens 11 27 24
Stairs/Porches/Decks 1 7 20
Driving/Parking Area Repairs 2 29 31
Foundations/Ext Walls/Roofs 8 48 140
CODE ENFORCEMENT
VIOLATION SUMMARY
Three Year Comparison
Actions Taken 2005 2004 2003
First Letters 947 1041 1441
Second Letters 208 336 420
Thank You Letters 424 945 1159
Citations /Forma 24 28 24
Comp aints
Concerns 8 Issues of 2005 Sweep (Continued)
Chronic Properties
Single Family Rentals
Parking Issues
Parking Citations Issued
(Three Year Comparison)
2005 988 (as of 9/30/05)
2004 1043 (entire year)
2003 1017 (entire year)
12 -913 Update
Apartment Calls for Service
January September
2005 2004 2003
2,826 2,951 3,167
o o
Apartment /o C Apartment /o C
Basswd Apts 11 0.09 1 Maranatha Place 65 0.06 4
Brookdale Manor 21 0.00 0 Marvin Gardens 52 0.04 2
Brookdale Towers 50 0.16 8
Melrose Gates 217 0.09 20
Brookhaven Apt 54 0.04 2
Brookside Manor 90 0.26 23 River Glen 128 0.13 17
Carrington Drive 128 0.20 26 Riverwood Estate 84 0.23 19
Centerpointe 252 0.44 110 Shingle Crk Twr 122 0.12 15
Crssgs at Brkwd 138 0.01 2 Sommerset 36 0.31 11
Earle Brown Terr 140 0.00 0 Sterling Square 54 0.59 32
Earle Brown Farm 120 0.03 3 The Lilacs 22 0.09 2
Emerson Chalet 18 0.61 18 The Pines 102 0.34 35
Evrgrn Park Mnr 80 0.34 27 Twin Lake Mnr 310 0.29 90
Twin Lake North 276 0.01 4
Ewing Square 23 0.09 2
Unity Place 112 0.15 17
Garden City Ct 72 0.17 12 Victoria 48 0.19 9
Georgetown Park 92 0.33 30 Willow Lane 58 0.10 6
Humboldt Courts 36 0.14 5 3401, 3413 47 22 0.05 1
Humboldt Square 18 0.00 0 350147 11 0.00 0
Lake Shore 6 0.00 0 351347 11 0.00 0
Apartment C Apartment C
360147 11 0.27 3 5301 Dupont 6 0.50 3
361347 11 0.64 7 4715 France 5 0.00 0
370147 11 0.00 0 5843 Fremont 8 0.13 1
371347 11 0.09 1 7230 WRR 8 0.00 0
4819 Azelia 12 0.00 0 7240 WRR 7 0.14 1
6101 Beard 24 0.38 9 7250 WRR 7 0.00 0
633116401/6425 Bd 36 0.14 5 5207 Xerxes 12 0.00 0
6037 BB 11 0.09 1 5209 Xerxes 12 0.25 3
7018 BB 8 1.38 11 5211 Xerxes 12 0.50 6
5240 Drew 10 0.60 6
KEY
Yellow under .50
number of apartments in the complex
Orange between .50 and .65
C calls for service
Green over .65
calls for service divided by the number of apartments
Hennepin County Joint
Multi Cultural Project
Update
Cultural Liaison
Community Oversight Committee
Cadet Process
Training Projects
City Council Agenda Item No. 9b
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: November 7, 2005
TO: Michael McCauley, City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolutions Expressing Appreciation for Mutual Aid Assistance Provided by the
City of Golden Valley, City of Eden Prairie, City of Eagan, City of St Louis Park,
and the City of Coon Rapids
Attached for consideration is a City Council resolution expressing appreciation to the remaining
cities that provided mutual aid assistance to the City of Brooklyn Center in response to the storm
damage that occurred on September 21, 2005. The five cities include: Golden Valley, Eden
Prairie, Eagan, St. Louis Park, and Coon Rapids. These cities provided equipment and personnel
to assist in collecting and hauling tree debris. The City Council previously approved a resolution
on October 24, 2005 expressing appreciation to the City of Plymouth for their assistance with the
storm response effort.
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.cityofbrooklyncenterorg
adoption: Member introduced the following resolution and moved its
RESOLUTION NO.
RESOLUTION EXPRESSING APPRECIATION FOR ASSISTANCE PROVIDED BY THE CITY
OF GOLDEN VALLEY, CITY OF EDEN PRAIRIE, CITY OF EAGAN, CITY OF ST. LOUIS
PARK AND THE CITY OF COON RAPIDS
WHEREAS, on September 21, 2005, the City of Brooklyn Center suffered damage due to a severe
storm that resulting in several thousand downed trees and power outages to much of the community; and
WHEREAS, the City of Golden Valley provided the use of two dump trucks and Public Works
personnel to assist in the clean-up effort of tree debris removal and disposal; and
WHEREAS, the City of Eden Prairie provided the use of a log loading truck and Public Works
personnel to assist in the clean-up effort of tree debris removal and disposal; and
WHEREAS, the City of Eagan provided the use of two dump trucks and Public Works personnel to
assist in the clean -up effort of tree debris removal and disposal; and
WHEREAS, the City of St. Louis Park provided two dump trucks and Public Works personnel to assist
in the clean -up effort of tree debris removal and disposal; and
WHEREAS, the City of Coon Rapids provided a dump track and Public Works personnel to assist in
the clean-up effort of tree debris removal and disposal; and
WHEREAS, the City Council of the City of Brooklyn Center wishes to acknowledge and express the
community's appreciation for the assistance in responding to the storm damage as provided by the City of Golden
Valley, City of Eden Prairie, City of Eagan, City of St. Louis Park, and the City of Coon Rapids.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that
the aid and assistance provided by the City of Golden Valley, City of Eden Prairie, City of Eagan, City of St. Louis
Park, and the City of Coon Rapids is hereby recognized and appreciated by the City Council and the community of
Brooklyn Center.
November 14. 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. 9c
61 City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: 10/30/05
TO: Michael J. McCauley, City Manager
FROM: Jim Glasoe, Director of Community Activities, Recreation and Services
f
SUBJECT: Resolution Expressing Appreciation for the Donation of the Brooklyn Center ions
Club in Support of the Annual Halloween Party
The Brooklyn Center Lions Club has presented to the City a donation of five hundred dollars.
($500.00) They have designated that it be used to support the annual Halloween Party.
The annual Halloween Party attracts upwards of 200 costumed kids to the Community Center.
The children participate in Halloween themed games and activities for prizes and "treats all in a
safe atmosphere.
Staff recommends acceptance of this generous donation, and asks that it be coded to the
corresponding activity budget.
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
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE
BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL HALLOWEEN
PARTY
WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of
five hundred dollars ($500.00) and has designated it be used to support the annual Halloween Party;
and
WHEREAS, the City Council is appreciative of this donation, and commends the
Brooklyn Center Lions Club for its civic efforts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota:
1. Acknowledges the donation with gratitude.
2. Appropriates the donation to the corresponding activity budgets.
November 14. 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. 9d
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Mana er
FROM: Sharon Knutson, City Clerk
DATE: October 31, 2005
SUBJECT: Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn
Center Lions Club to Conduct Lawful Gambling at AMF Earle Brown Lanes, 6440
James Circle North, Brooklyn Center, Minnesota
The Brooklyn Center Lions Club has submitted a Minnesota Lawful Gambling Premises Permit Renewal
Application to conduct lawful gambling at AMF Earle Brown Lanes, 6440 James Circle North. A
background investigation has been conducted by the Brooklyn Center Police Department, and a
memorandum from Lt. Scott Nadeau is attached, which indicates the investigation did not reveal any
concerns in reference to lawful gambling at this establishments. As required in City Ordinance Section 23-
1902 (4), the Brooklyn Center Lions Club has provided the City of Brooklyn Center with monthly gambling
financial reports.
Minn. Stat. 349.313 Subd. 2. Local approval. Before issuing or renewing a premises permit or bingo hall
license, the board must notify the city council of the statutory or home rule city in which the organization's
premises or the bingo hall is located or, if the premises or hall is located outside a city, the county board of
the county and the town board of the town where the premises or hall is located. The board may require
organizations or bingo halls to notify the appropriate local government at the time of application. This
required notification is sufficient to constitute the notice required by this subdivision. The board may not
issue or renew a premises permit or bingo hall license unless the organization submits a resolution from the
city council or county board approving the premises permit or bingo hall license. The resolution must have
been adopted within 90 days of the date of application for the new or renewed permit or license.
Attached is a resolution for City Council consideration to authorize approval of the issuance of a premises
permit for Brooklyn Center Lions Club to conduct lawful gambling at AMF Earle Brown Lanes, 6440 Circle
North.
Attachment
6301 Shingle Creek Parkway Recreation and Community y o a m unity 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 AUTHORIZING APPROVAL OF THE ISSUANCE OF A
PREMISES PERMIT FOR BROOKLYN CENTER LIONS CLUB TO CONDUCT
LAWFUL GAMBLING AT AMF EARLE BROWN LANES, 6440 JAMES CIRCLE
NORTH, BROOKLYN CENTER, MINNESOTA
WHEREAS, the Brooklyn Center Lions Club has submitted a Minnesota Lawful
Gambling Premises Permit Renewal Application to conduct lawful gambling at AMF Earle Brown
Lanes, 6440 James Circle North, Brooklyn Center, Minnesota; and
WHEREAS, the Minnesota Charitable Gambling Control Board requires a
municipality to submit a resolution authorizing approval of the issuance of any lawful gambling
premises permit within its borders; and
WHEREAS, the Brooklyn Center Lions Club has submitted all appropriate and
necessary documentation for the premises permit and a background investigation has been conducted
by the Brooklyn Center Police Department regarding all named gambling managers and nothing was
found in that investigation that would preclude the issuance of a Minnesota Lawful Gambling
License; and
WHEREAS, the Brooklyn Center Lions Club agrees to provide to the City of
Brooklyn Center each month copies of the monthly reports it submits to the Charitable Gambling
Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, that the issuance of a premises permit to the Brooklyn Center Lions Club to
conduct lawful gambling at AMF Earle Brown Lanes, 6440 James Circle, Brooklyn Center,
Minnesota, is hereby approved.
November 14. 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.
BROOKLYN CENTER 4 i�cE
�yTY Op
11
POLICE DEPARTMENT M N
V
V
MEMORANDUM
TO: Sharon Knutson, City Clerk
FROM: Scott Bechthold, Chief of Police
DATE: October 31, 2005
SUBJECT: Brooklyn Center Lions Club MN Lawful Gambling Premises Permit at AMF Earle
Brown Lanes, 6440 Earle Brown Drive
I am in receipt of your memorandum dated October 28, 2005, in reference to the renewal of the Brooklyn
Center Lions Club applying for the renewal of their lawful gambling license at the Earle Brown Bowl,
located at 6440 Earle Brown Drive.
My staff has conducted a review of the calls for service and reports generated from that facility from the
time period of 1/1/2004 to present, and it was found that we did not encounter any evidence of
problematic or unlawful activity associated with this establishment. Furthermore, there is no ongoing
investigation in reference to unlawful activity by my agency, or any other agency (to include the
Minnesota Alcohol and Gambling Enforcement), that I am aware of at this time.
Based upon this information, I find no reason to deny the renewal of the license. Please let me if you have
any additional questions.
Cc: Michael McCauley, City Manager
Minnesota Lawful Gambling &WduW 0
"j (LG200R) Lawful Gambling License Renewal Application
Corrections should be made directly on this application
Submit one check for all renewal fees, payable to State of Minnesota
Organization requirements:
1. An annual organization license fee of $350 is required. li
Organization license 1834 Current license term 1/1/2004 to 12/31/2005
9 your l Brooklyn Center Lions Club
organization qualifies for the Y
waiver of the
fee defined In Minnesota statute Box 29092, Brooklyn Center, MN 55429 Hennepin County
I 349.16 Subd. 6 I (612)344 -5518
CEO: David Holmes
I I above If theme 1 4000 Hollyhock Cir, Brooklyn Park MN 55443
is a change in I Y Y
I the CEO or I (763)424 -4724
Treasurer
listed. A
LG200B must
I be completed I Treasurer: Sandra Becker
for each 1 r unless I 6433 Fremont Ave N, Brooklyn Center, MN 55430
1 it has already I
b een (763)566 -4347
1
i submitted_
Premises permit requirements:
1. An annual premises permit fee of $150,
2. A separate resolution of approval including the site address from the local unit of govemment, (The local unit of
overnment does not sign this renewal application) and
A LG215 lease agreement for each site your organization does not own is required.
Site number 002 Check this boxif this site "has been discontinued or vuii not be renewed. ewrd use of
Earle Brown Bowl
6440 James Ci I N Brooklyn Center, MN 55430 Hennepin County
city jurisdiction, or county jurisdiction
Site owned by organization N
Is bingo conducted b organization? Y N if y es, the attached list of the days and beginning and ending
9 Y your or g hours of your bingo occasions must be updated and retumed.
Gambling account: 7206113 Bremer Bank
5540 Brooklyn Blvd, Brooklyn Center, MN 55429
10/25/2005 17:29 FAX 8045598638 BCO PURCH /FiNANC A QI001
10L1912005 18:58 763 5854913 MPLS DISTRICT PAGE 06
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10/19/2005 WED 13:02 [TZ/RE NO 89571 94006
Gambling Manager Requirements:
I. An annual gambling manager license fee of $100 is required.
g ambling Manager Authorization GM -01834 -002 eoard uW Only
Current License Term 1/1/2004 to 12/31/2005
John Dwain Russell
5312 N Lilac Dr, Brooklyn Center, MN 55430
(763)588 -5416
Bond: Old Republic Surety
431366
Last Education: 11/19/2004
U Check this box if the person listed above will not be Note: A new person may not
renewing as gambling manager. Enclose a separate assume or act as gambling
LG212 application for the new applicant. Effective manager until licensed by the
date will run concurrent with the organization's license. Gambling Control Board.
Gambling Manager Affidavit and Consent Statement
1. I have never been convicted of a felony or a crime 13. I am not the chief executive officer of this organization.
involving gambling. 14. I am not the treasurer of this organization.
2. 1 have never committed a violation of law or Board rule 15. I was not an officer of an organization at a time when an
that results in the revocation of a license issued by the offense occurred which caused that organization's license to be
ard within five years before the date of the license revoked.
PPlication.
3. I have never been convicted of a criminal violation Background Check. By signature of this document, the
involving fraud, theft, tax evasion, misrepresentation, or undersigned authorizes the Departments of Public Safety and
gambling. Revenue to conduct a criminal and tax background check or review
4. I have never been convicted of (i) assault, (ii) a criminal and to share the results with the Gambling Control Board. Further,
violation involving the use of a firearm, or (iii) making I understand, agree, and hereby irrevocably consent that suits and
terroristic threats. actions relating to the subject matter of this gambling manager
5. I have never been, or am I now, connected with or license application, or acts or omissions arising from such
engaged in an illegal business. application, may be commenced against me or my organization and
6. I have never had a sales and use tax permit revoked by I will accept the service of process in any court of competent
the commissioner of revenue within the past two years. jurisdiction in Minnesota by service on the Minnesota Secretary of
7. I have never, after demand, failed to file tax returns State of any summons, process, or pleading authorized by the laws
rwnnirM by 1 hp rnmmiccinnPr of rc+vannA of Minnesota.
8.1 do not owe $500 or more in delinquent taxes as defined Failure to provide required information or providing false or
in section 270.72. misleading information may result in the denial or revocation of the
9.1 have been an active member of the organization for at license•
least two years at the time of our organization's initial license Changes in the information submitted in this application will be
application, or have been an active member for at least the submitted in writing no later than 10 days after the change has
most recent six months prior to the effective date of our taken effect
organization's license renewal.
10. 1 am not a gambling manager or an assistant gambling
manager for another organization. I have read this application and declare that all information
11. I am not a lessor, a member of the lessor's immediate submitted is true, accurate, and complete.
family or a person residing in the same household as the J
lessor, or an employee of a lessor of a premises where this
organization has a permit issued from the Board to conduct SignaWe, in ink, of gambling manager applicant
lawful aamblina.
2. I am not involved directly or indirectly as a bingo hall Date:
er, manufacturer, or distributor.
License Number 1834
Current Expiration 12/31/2005
0 Chief an Executive Officer's Acknowledgement d Oath
I declare that:
I have read this application and all information submitted to the Board. All information is true, accurate and complete.
All other required information has been fully disclosed. I am the chief executive officer of the organization.
I assume full responsibility for the fair and lawful operation of all gambling activities to be conducted. I will familiarize myself
with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and
rules, including amendments to them.
I certify that the gambling manager is bonded and licensed as
required per Minnesota Statutes. I have read this application and declare that all
I understand that failure to provide required information or providing information sub itted is true, accurate, d
false or misleading information may result in denial or revocation of complete.
the license.
A termination plan will be submitted to the Board within 30 days of Signature, in ink, orchief executive officer
termination of our gambling operation.
Date:
Mail complete renewal application (all pages), and
one check made payable to the State of Minnesota to: Gambling Control Board
for all renewal fees by: 11/1/2005 1711 W Co Rd B #300 S
Roseville, MN 55113
Licensing Contact: Kim Larsson
Email: kim.larsson @gcb.state.mn.us
Phone: (651)639 -4072
Fax (651) 639 -4073
The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your
qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Board in conducting a background investigation of you.
You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to
determine your qualifications and, as a consequence, may refuse to issue you a license. If you supply the information requested, the Board will
be able to process your application.
Your name and address will be public information when received by the Board. All the other information that you provide will be private data
about you until the Board issues your license. When the Board issues your license, all of the information that you have provided to the Board in
the process of applying for your license will become public except for your Social Security number, which remains private. If the Board does not
issue you a license, all information you have provided in the process of applying for a license remains private, with the exception of your name
and address which will remain public.
Private data about you are available only to the following: Board members, Board staff whose work assignment requires that they have access
to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration,
Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court
order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and
agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your written
consent.
Minnesota Lawful Gambling 11104
LG200B Organization Officers Affidavit
Affidavit of Qualification of Officers for an Organization License and Consent Statement pursuant to Minnesota statutes
Organization name BROOKLYN CENTER LIONS CLUB Ucensenumber 1834
Officer's name SANDRA BECKER
Check the position: Chief executive officer X Treasurer
Social security number 470 58 8208
Effective date of officer change 07 01 2005
Home address 6433 FREMONT AVE NO
City BROOKLYN CENTER 5tate MN Zip code 5 5 4 3 0
Is this the business address of your organization? yes X no
Officers phone number, including area code 7 6 3) 5 6 6 4 3 4 7
Date of birth
Oath
1 affirm that the information stated above is accurate and pleading authorized by the laws of Minnesota. By signature
that of this document, the undersigned authorizes the
I have not been convicted of a felony or gross Department of Public Safety to conduct a criminal
misdemeanor within the five years before the issuance background check or review and to share the results with
or renewal of the license. the Gambling Control Board.
I have never been convicted of a crime involving
gambling. Failure to provide required information or providing false or
I have never had a license issued by the board or misleading information may result in the denial or
director permanently revoked for violation of law or revocation of the license.
board rule.
If this form is being submitted for a change in the chief
In addition, I understand, agree, and hereby irrevocably executive officer, the chief executive officer also affirms
consent that suits and actions relating to the subject that I am the chief executive officer of the organization;
matter of the organization license application, or acts or I assume full responsibility for the fair and lawful
omissions arising from such application, may be operation of all activities to be conducted; and 1 will
commenced against my organization and I will accept the familiarize myself with the laws of Minnesota goveming
service of process for my organization in any court of lawful gambling and rules of the Board, and agree to
competent jurisdiction in Minnesota by service on the abide by those laws and rules, including amendments
Minnesota Secretary of State of any summons, process, or to them.
Signature Qi+4, ��y� p�Q /gyp .W Date
Mail this form to: Gambling Control Board This form will be made available in alternative format (.e. large
Suite 300 South print- Braille) upon request Call the Licensing Section of the
Gambling Control Board at 6514639 -4000 if you have questions
1711 West County Road B about this form. If you use a TTY, call the Board by using the
Roseville, MN 55113 Minnesota Relay Service and ask to place a call to 651 6394070.
The information requested on this form, with the exception of your
social security number, will become public information when
1 2223u� received by the Board, and will be used to determine your
p�. %d" compliance with Minnesota statutes and rules governing lawful
'IT gambling activities.
4
�V0
o
�0 CV ~v
�g5
Minnesota Lawful Gambling 11/04
LG200B Organization Officers Affidavit
Affidavit of Qualification of Officers for an Organization License and Consent Statement pursuant to Minnesota statutes
Organization name BROOKLYN CENTER LIONS CLUB License number 1 R 3 d
Officersname DAVID HOLMES
Check the position: X Chief executive officer Treasurer
Social security number
Effective date of officer change ()Z 7 n n S
Home address 4000 HOLLYHOCK CIRCLE
City BROOKLYN PARK State MN Zip code 55443
Is this the business address of your organization? _yes __X no
Officers phone number, including area code (7 6 3) 424-4724
Date of birth 1
Oath
1 affirm that the information stated above is accurate and pleading authorized by the laws of Minnesota. By signature
that of this document, the undersigned authorizes the
I have not been convicted of a felony or gross Department of Public Safety to conduct a criminal
misdemeanor within the five years before the issuance background check or review and to share the results with
or renewal of the license. the Gambling Control Board.
I have never been convicted of a crime involving
gambling. Failure to provide required information or providing false or
I have never had a license issued by the board or misleading information may result in the denial or
director permanently revoked for violation of law or revocation of the license.
board rule.
If this form is being submitted for a change in the chief
In addition, I understand, agree, and hereby irrevocably executive officer, the chief executive officer also affirms
consent that suits and actions relating to the subject that I am the chief executive officer of the organization;
matter of the organization license application, or acts or I assume full responsibility for the fair and lawful
omissions arising from such application, may be operation of all activities to be conducted; and I will
commenced against my organization and I will accept the familiarize myself with the laws of Minnesota governing
service of process for my organization in any court of lawful gambling and rules of the Board, and agree to
competent jurisdiction in Minnesota by service on the abide by those laws and rules, including amendments
Minnesota Secrete IF State of any summons, cess, or to them.
Signature �W p� Date �7
Mail this form to: Gambling Control Board This form will be made available in alternative format (.e. large
Suite 300 South print, Braille) upon request. Call the Licensing Section of the
Gambling Control Board at 651- 639 -4000 if you have questions
1711 West County Road B about this forth. If you use a TTY, call the Board by using the
Roseville, MN 55113 Minnesota Relay Service and ask to place a call to 651 -639 -4000.
The information requested on this form, with the exception of your
2,1 Z223 social security number, will become public information w
received b the Board, and will be used to determine our
compliance with Minnesota statutes and rules governing lawful
gambling activities.
12
e�t�s�
City Council Agenda Item No. 9e
4tr City of Brooklyn Center
A Millennium Community
MEMOR NDUM
DATE: November 4, 2005
TO: Michael McCauley, City Manager
FROM: Todd Blomstrom, Director of Public Works1 fj
SUBJECT: Resolution Establishing 2006 Street and Storm Drainage Special Assessment
Rates
Each year the City Council establishes assessment rates for Rl, R2, and R3 residential zoned
properties based on the City's Special Assessment Policy. Within these zoning districts, the
assessment rate for street and storm drainage improvements is based on a unit amount that
applies to all single family residential properties. The unit amount represents a specific portion
of the average cost for reconstructing a typical residential street and storm drainage system.
Street assessments for non residential and R4 to R7 residential properties are computed
separately for each project.
The current average cost per single family residential lot for street and storm sewer
improvements was determined based on a 3 -year running average of total street and storm sewer
project costs using the 2003 Happy Hollow Neighborhood Project, the 2004 Northport
Neighborhood Project and the 2005 Lions Park South Neighborhood Project. The resulting
average construction costs per lot are $7,595 per lot for street improvements and $2,349 per lot
for storm drainage improvements.
Staff recommends that the Council continue to establish special assessments for Rl property
based on a value of 40 percent of the cost for street and storm drainage improvements. This
would result in an assessment amount of $3,038 for street improvements and $940 for storm
drainage improvements. The total assessment amount would be $3,978 per Rl single family
residential lot in 2006.
Below is a summary project funding ources if the recommended special assessment rates are
P J
g p
applied to the Centerbrook Neighborhood Project tentatively scheduled for 2006. The cost
summary shows that the proposed 2006 special assessment rates generate only 20 percent of the
total revenue necessary to fund the project improvements.
The total proposed assessment rate increase for 2006 would be 3.3 percent. This proposed
increase would be less than the 4.7 percent increase in the Consumer Price Index between
September 2004 and September 2005.
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
The total fundin g amount for the Centerbrook Neighborhood Project is calculated based on the
current project estimate of $2.6 million in the current Capital Improvement Program and an
estimated 133 lots within the project area.
Per Residential Lot Percent of TOTAL
Special Assessments 3,978 20%
Water Utility (City) 3,763 19%
Sanitary Sewer Utility (City) 3,466 18%
Storm Sewer Utility (City) 3,627 19%
Street Light Utility (City) 286 1
Street Construction Fund (City) 4,522 23%
Total $19,642 100%
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING 2006 STREET AND STORM DRAINAGE
SPECIAL ASSESSMENT RATES
WHEREAS, the residential assessment rates for street and storm drainage
improvements are annually reviewed and approved by the City Council; and
WHEREAS, the residential assessment rates should be adjusted annually to be
effective January 1; and
WHEREAS, the 2006 street and storm drainage assessment rates for R -1, R -2 and R-
3 zoned districts are based on a specific proportion of 40 percent of the average cost for street and
storm drainage improvements; and
WHEREAS, the R -4, R -5, R -6 and R -1 zoned districts will continue to be assessed
based on an evaluation of project cost and project benefit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The residential street and storm drainage special assessment rates for street
reconstruction shall apply to properties in R -1, R -2 or R -3 zoned districts. These
rates shall also be applied to parcels of property in other land use zones when such
parcels (a) are being used as one family or two family residential sites at the time the
assessment roll is levied; and (b) could not be subdivided under the then existing
Subdivision Ordinance.
2. The residential assessment rates for street and storm drainage reconstruction
effective January 1, 2006 shall be as follows:
Land Use 2006 Assessment Rates
R -1 zoned, used as one family $3,038 per lot (street)
site that cannot be subdivided $940 per lot (storm drainage)
RESOLUTION NO.
Land Use 2006 Assessment Rates
R -2 zoned, or used as a two- family $40.51 per front foot with a
site that cannot be subdivided $3,038 per lot minimum (street)
$12.53 per front foot with a
$940 per lot minimum (storm drainage)
R -3 zoned (per unit) Assessable frontage x $40.51 (street)
Number of residential units
Assessable frontage x $12.53 (storm)
Number of residential units
3. The residential assessment rates for street and storm drainage reconstruction shall not
apply to R -4, R -5, R -6 or R -7 zoned districts. The assessment rates for street
reconstruction for R -4, R -5, R -6 or R -7 zoned property shall be based on an
evaluation of the project cost and the project benefit for each project.
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. 9f
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: November 4, 2005
TO: Michael McCauley, City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolution Setting the Interest Rate on Special Assessments for 2006
Each year the City Council establishes interest rates for special assessments levied against
private property based on the City's Special Assessment and Internal Loan Interest Rate
Policy. For special assessments this policy states that the goal is to not unfairly burden the
Y p p Y g Y
property owner, but yet recover the cost of borrowing from outside sources, recover the
cost of administering the special assessments, and protect the City from the possibility that
special assessment prepayments might impair the City's ability to service the bonds.
City Council policy has been to establish the special assessment interest rate by calculating
the sum of the interest rate for the most recent general obligation bond, adding two (2)
percent to cover the overhead costs described above, and rounding to the nearest one -half
percent in accordance with the Interest Rate Policy. The most recent bond sale by the City
of Brooklyn Center was Series 2004C General Obligation Improvement Bonds at 3.42
percent. By applying the bond interest rate to the City Council policy, the resulting special
assessment interest rate is 5.5 percent for 2006. The current special assessment interest
rate for 2005 is also 5.5 percent.
Attached for consideration is a City Council resolution establishing the 2006 interest rate
for special assessments at 5.5 percent.
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
I
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION SETTING THE INTEREST RATE ON SPECIAL
ASSESSMENTS FOR 2006
WHEREAS, the City Council levies special assessments for neighborhood street
projects, delinquent utility bills and other services provided to property owners that go unpaid; and
WHEREAS, amounts outstanding are certified to Hennepin County for collection
with property taxes; and
WHEREAS, by City Policy, interest is to be charged on outstanding amounts certified
to Hennepin County for collection with property taxes; and
WHEREAS, the interest rate to be charged is two percent over the net interest rate for
the most recent City General Obligation bond sale rounded up to the next one -half percent; and
WHEREAS, the most recent General Obligation bond sale resulted in a net interest
rate of 3.42 percent.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the interest rate charged on outstanding special assessments for the
year 2006 is hereby established at 5.5 percent.
November 14. 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. 9g
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: November 7, 2005
TO: Michael McCauley, City Manager
FROM: Todd Blomstrom, Director of Public Works fh
SUBJECT: Resolution Establishing a Permit Fee for Land Disturbing Activities
In 2003, the City of Brooklyn Center was required to obtain permit coverage under the National
Pollutant Discharge Elimination System (NPDES) permit program developed by the United
States Environmental Protection Agency and the Minnesota Pollution Control Agency. As part
of this permit process, the Minnesota Pollution Control Agency mandated that cities develop,
implement and enforce a program to reduce pollutants in stormwater runoff from land disturbing
activities and construction activities.
On September 12, 2005, the City Council adopted an ordinance requiring a permit for land
disturbing activities. The ordinance establishes requirements for erosion and sediment control
plans to be developed for projects disturbing one acre or more of land. The cost for city staff
time to review erosion control plans and administer permits for land disturbing activities should
be allocated to permit applicants in the form of a permit fee.
Attached for consideration is a City Council resolution establishing a fee of $50 per permit to
cover the cost of implementing and enforcing controls on land disturbing activities in compliance
with the requirements mandated by the Minnesota Pollution Control Agency.
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 ESTABLISHING A PERMIT FEE FOR LAND DISTURBING
ACTIVITIES
WHEREAS, the City of Brooklyn Center was required to develop additional controls
to manage land disturbing activities in order to comply with minimum standards for the City's storm
water permit as mandated by the National Pollutant Discharge Elimination System Permit Program;
and
WHEREAS, on September 12, 2005, the City Council adopted Ordinance No. 2005
08 amending the City's Code of Ordinances to require a permit for land disturbing activities; and
WHEREAS, additional staff time must be allocated to the review of erosion control
plans and administration of permits for land disturbing activities; and
WHEREAS, the City Council finds it appropriate to establish a fee for said permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the permit fee for land disturbing activities within the City of
Brooklyn Center is hereby established as a flat fee of $50.
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.
Cite Council Agenda Item No. 9h
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE CITY'S PERSONNEL RULES AND
REGULATIONS
WHEREAS, on September 8, 1997, the Council adopted the City's Personnel Rules
and Regulations by Resolution No. 97 -161; and
WHEREAS, the Council finds that it is in the public interest to update personnel
policies for city employees; and
WHEREAS, attached hereto and incorporated herein by reference as Exhibit "A" are
proposed amendments to the City's Personnel Rules and Regulations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City's Personnel Rules and Regulations be and hereby are amended as set
forth in Exhibit "A
November 14. 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.
RESOLUTION NO. EXHIBIT A
ADDENDUM TO PERSONNEL RULES AND REGULATIONS
EXHIBIT "A"
The following Sections are adopted or amended as set forth.
7.11 Election Day Leave
Employees eligible to vote in a regularly scheduled state primary or general election may be
absent from work for the purpose of voting during the morning of the day of that election,
without penalty or deduction from salary or wages because of the absence. A request for time off
to vote must be made prior to election day and the supervisor may specify the time when an
employee may be absent for voting purposes.
7.13 Parenting Leave
In compliance with MN Statues 181.941; regular employees who are a natural or adoptive parent
in conjunction with the birth of adoption of a child shall be granted an unpaid leave of absence
for a period not to exceed six weeks. Eligible employees anticipating parenting leave must
submit a written request to their supervisor, who will forward the request to human resources,
before the anticipated birth or adoption of the child whenever possible. A parenting leave may
not begin more than six weeks after the birth or adoption of the child. If the child must remain in
the hospital longer than the mother, the leave may not begin more than six weeks after the child
leaves the hospital.
9.4 Continuation of Benefits upon Separation COBRA
Federal law provides that employees who are actively enrolled in a health plan and who have
separated from city service may continue on the city's group health, dental coverage plan and life
insurance for up to 18 months. Pursuant to applicable state or federal law requirements, changes
in family status, eligibility for Medicare, or death of a spouse may warrant continuing coverage
for up to 36 months. Continuing coverage premiums must be paid in full by the separated
employee, their spouse or dependents, or coverage will lapse. See human resources for plan
details.
9.6 Retiree Health Savings Plan (RHSP)
The Retiree Health Savings Plan (RHSP) is established to help defray the cost of medical
expenses and health insurance premiums for employees, spouses and dependents after the
employee leaves employment with the City of Brooklyn Center. (Added per City Council
Resolution 2004 -171.)
1. Participation Eligibility
Regular full -time benefit earning employees may have contributions made on their behalf into the
RHSP.
Participants must be 21 years of age or older. Unless noted otherwise in this policy, the
RESOLUTION NO. EXHIBIT A
minimum period of service required to participate in the plan is 60 days.
Every eligible employee in an employee group is required to participate in the RHSP for their
group as outlined in this Personnel Policy or applicable labor agreement.
2. RHSP Contributions
When appropriate, each employee will have an account established in his or her name. Unless
specifically noted otherwise, contributions (and earnings) to an employee's RHSP account are
not taxable income.
3. Accessing Funds
a. Employees may access the funds in their RHSP account when they are eligible to retire
under the Public Employees Retirement Association's (PERA) rules.
b. Unless prohibited by the IRS, employees leaving employment with the City prior to being
eligible for retirement through PERA, for the reasons noted below, may make withdrawals on a
tax -free basis for eligible health related expenses.
Upon termination of employment.
If employee is collecting a disability.
If employee is on a medical leave (six months or longer)
If employee is on a leave of absence (one year or longer).
If the employee returns to work and is earning medical benefits, they are no longer eligible to
make withdrawals from their RHSP account.
The IRS does not allow these funds to be rolled into any other type of plan, including an IRA.
C. Access following death. The surviving spouse and eligible dependents continue to access
the account for eligible expense reimbursements until the RHSP account is exhausted. Such
reimbursements are not taxable. Unless prohibited by the IRS, reimbursements may also be
made to a beneficiary other than a surviving spouse or eligible dependent. However, such
reimbursements would be taxable to the recipient.
S. Eligible Expenses Reimbursed by Plan
Funds in an RHSP account may be used to reimburse:
1. Insurance premiums (health insurance premiums, Medicare supplemental insurance
premiums, Medicare Part B insurance premiums, COBRA and Chapter 488 insurance premiums,
long term care insurance premiums (not long term care expenses), and dental insurance
premiums.
RESOLUTION NO. EXHIBIT A
2. Most qualifying medical expenses as defined in Internal Revenue Code Section 213 (i.e.
medical costs that would otherwise be deductible to the employee on his or her individual
income tax return).
A third -party claims administrator hired by ICMA -RC will handle claims administration.
6. No Opt -out
Employees and retirees in groups covered by the RHSP program are not permitted to opt -out of
the program. Participation is mandatory.
7. Program Administration
Along with the Human Resources Division, the ICMA Retirement Corporation will administer
the RHSP program. The employee controls how the money is invested similar to his or her
section 457 deferred compensation program. The employee receives an account statement each
quarter from ICMA for his or her RHSP account.
S. Administrative Fees
The following administrative fees will be assessed on each employee's account:
Account fee:
1. .90% will be applied to the first $7,000 balance. There is a minimum annual charge
of $35.
2. .55% will be applied to assets between $7,001 and $23,000.
3. Accounts greater than $23,000, a maximum annual fee of $150 will apply.
There are also fees within the various mutual funds. Account administration fees will be
calculated by ICMA each quarter based on the balance on the last day of the previous
quarter and will be charged against the account on a quarterly basis.
9. Plan Modifications
The details of ICMA -RC's administration of the RHSP as well as other features of the plan are
set forth in the RHSP materials provided by ICMA -RC. These details and IRS regulations
regarding the RHSP may be revised, necessitating the revision to this policy or other agreements
between employee groups and the City.
The City reserves the right to modify its policy to comply with any other regulations regarding
the plan and to add contribution requirements.
10. Contribution Formulas
I. Election for Pre -Tax Contributions from Compensation.
Employees may elect to contribute up to 25% of their compensation.
RESOLUTION NO. EXHIBIT A
This is a one -time, irrevocable election. Employees must make this decision during the
open enrollment period.
2. Severance Pay.
Employees who qualify to receive severance pay and vacation pay upon retiring or
leaving the city in good standing, as defined by the Personnel Policy, will
designate from 0% to 100% (in 10% increments) to be placed in their individual
RHSP accounts at the time of retirement or resignation.
This is an irrevocable election. Employees must make this decision during the open
enrollment period prior to the beginning of the year in which they will'retire.
7.4.3 Sick Leave Severance
Severance pay in the amount of one -third the accumulated sick leave employees have to their
credit at the time of resignation, retirement, or death shall be paid to employees who have been
employed for at leave five consecutive years. If discharged for cause, or lack of appropriate
notice, severance pay shall not be allowed.
Employees hired after 1/1/92 and having 25 years of continuous service at the time of separation,
shall be paid 40% of their accumulated sick leave into the City authorized Health Care Savings
Plan. In the event that the retiree benefit in effect on September 1, 2005 is completely eliminated
by the employer for employees hired before 1/1/92, the sick leave severance pay for employees
hired prior to 1/1/92 and having 25 years of continuous service will be paid at 40% of their
accumulated sick leave into the City authorized Health Care Savings Plan. If discharged for
cause, severance pay shall not be allowed.
12.3.3 Personnel Expense Reimbursement
3. Reimbursement for meals while on authorized travel will be for actual expenditures with
a maximum of 85% of the federal per diem rate per day for the location.
12.3.4 Repealed
unless meal eest is pai4 of funetien. See etiFfent pay plan for- ma-Ximum aliewable afneiiflt.
Section 3.10 Information Systems /Internet Use Policy
Section is removed from the Personnel Rules and Regulations.
City of Brooklyn Center
Memorandum
TO: Michael J. McCauley, City Manager
FROM: Kelli Wick, Human Resources Director
DATE: November 4, 2005
SUBJECT: Policy Handbook
Attached are the proposed revisions to the City of Brooklyn Center Policy Handbook.
Section 7.11 and 7.13 added language to comply with State Statutes
7.11 Election Day Leave
Employees eligible to vote in a regularly scheduled state primary or general election may be
absent from work for the purpose of voting during the morning of the day of that election,
without penalty or deduction from salary or wages because of the absence. A request for time off
to vote must be made prior to election day and the supervisor may specify the time when an
employee may be absent for voting purposes.
7.13 Parenting Leave
In. compliance with MN Statues 181.941; regular employees who are a natural or adoptive parent
in conjunction with the birth of adoption of a child shall be granted an unpaid leave of absence
for a period not to exceed six weeks. Eligible employees anticipating parenting leave must
submit a written request to their supervisor, who will forward the request to human resources,
before the anticipated birth or adoption of the child whenever possible. A parenting leave may
not begin more than six weeks after the birth or adoption of the child. If the child must remain in
the hospital longer than the mother, the leave may not begin more than six weeks after the child
leaves the hospital.
Section 9.4 added language that complies with COBRA rights under Federal Law
9.4 Continuation of Benefits upon Separation COBRA
Federal law provides that employees who are actively enrolled in a health plan and who have
separated from city service may continue on the city's group health, dental coverage plan and life
insurance for up to 18 months. Pursuant to applicable state or federal law requirements, changes
in family status, eligibility for Medicare, or death of a spouse may warrant continuing coverage
for up to 36 months. Continuing coverage premiums must be paid in full by the separated
employee, their spouse or dependents, or coverage will lapse. See human resources for plan
details.
Section 9.6 Amended to reflect language previously approved by City Council Resolution.
9.6 Retiree Health Savings Plan (RHSP)
The Retiree Health Savings Plan (RHSP) is established to help defray the cost of medical
expenses and health insurance premiums for employees, spouses and dependents after the
employee leaves employment with the City of Brooklyn Center. (Added per City Council
Resolution 2004 -171.)
1. Participation Eligibility
Regular full -time benefit earning employees may have contributions made on their behalf into the
RHSP.
Participants must be 21 years of age or older. Unless noted otherwise in this policy, the
minimum period of service required to participate in the plan is 60 days.
Every eligible employee in an employee group is required to participate in the RHSP for their
group as outlined in this Personnel Policy or applicable labor agreement.
2. RHSP Contributions
When appropriate, each employee will have an account established in his or her name. Unless
specifically noted otherwise, contributions (and earnings) to an employee's RHSP account are
not taxable income.
3. Accessing Funds
a. Employees may access the funds in their RHSP account when they are eligible to retire
under the Public Employees Retirement Association's (PERA) rules.
b. Unless prohibited by the IRS, employees leaving employment with the City prior to being
eligible for retirement through PERA, for the reasons noted below, may make withdrawals on a
tax -free basis for eligible health- related expenses.
Upon termination of employment.
If employee is collecting a disability.
If employee is on a medical leave (six months or longer)
If employee is on a leave of absence (one year or longer).
If the employee returns to work and is earning medical benefits, they are no longer eligible to
make withdrawals from their RHSP account.
The IRS does not allow these funds to be rolled into any other type of plan, including an IRA.
C. Access following death. The surviving spouse and eligible dependents continue to access
the account for eligible expense reimbursements until the RHSP account is exhausted. Such
reimbursements are not taxable. Unless prohibited by the IRS, reimbursements may also be
made to a beneficiary other than a surviving spouse or eligible dependent. However, such
reimbursements would be taxable to the recipient.
5. Eligible Expenses Reimbursed by Plan
Funds in an RHSP account may be used to reimburse:
1. Insurance premiums (health insurance premiums, Medicare supplemental insurance
premiums, Medicare Part B insurance premiums, COBRA and Chapter 488 insurance premiums,
long term care insurance premiums (not long term care expenses), and dental insurance
premiums.
2. Most qualifying medical expenses as defined in Internal Revenue Code Section 213 (i.e.
medical costs that would otherwise be deductible to the employee on his or her individual
income tax return).
A third -party claims administrator hired by ICMA -RC will handle claims administration.
6. No Opt -out
Employees and retirees in groups covered by the RHSP program are not permitted to opt -out of
the program. Participation is mandatory.
7. Program Administration
Along with the Human Resources Division, the ICMA Retirement Corporation will administer
the RHSP program. The employee controls how the money is invested similar to his or her
section 457 deferred compensation program. The employee receives an account statement each
quarter from ICMA for his or her RHSP account.
8. Administrative Fees
The following administrative fees will be assessed on each employee's account:
Account fee:
1. .90% will be applied to the first $7,000 balance. There is a minimum annual charge
of $35.
2. .55% will be applied to assets between $7,001 and $23,000.
3. Accounts greater than $23,000, a maximum annual fee of $150 will apply.
There are also fees within the various mutual funds. Account administration fees will be
calculated by ICMA each quarter based on the balance on the last day of the previous
quarter and will be charged against the account on a quarterly basis.
9. Plan Modifications
The details of ICMA -RC's administration of the RHSP as well as other features of the plan are
set forth in the RHSP materials provided by ICMA -RC. These details and IRS regulations
regarding the RHSP may be revised, necessitating the revision to this policy or other agreements
between employee groups and the City.
The City reserves the right to modify its policy to comply with any other regulations regarding
the plan and to add contribution requirements.
10. Contribution Formulas
1. Election for Pre -Tax Contributions from Compensation.
Employees may elect to contribute up to 25% of their compensation.
This is a one -time, irrevocable election. Employees must make this decision during the
open enrollment period.
2. Severance Pay.
Employees who qualify to receive severance pay and vacation pay upon retiring or
leaving the city in good standing, as defined by the Personnel Policy, will
designate from 0% to 100% (in 10% increments) to be placed in their individual
RHSP accounts at the time of retirement or resignation.
This is an irrevocable election. Employees must make this decision during the open
enrollment period prior to the beginning of the year in which they will retire.
Section 7.4.3 Similar to Section 9.6 this Section was amended to add language with respect
to sick leave severance for those participating in the city's health care savings plan.
7.4.3 Sick Leave Severance
Severance pay in the amount of one -third the accumulated sick leave employees have to their
credit at the time of resignation, retirement, or death shall be paid to employees who have been
employed for at leave five consecutive years. If discharged for cause, or lack of appropriate
notice, severance pay shall not be allowed.
Employees hired after 1/1/92 and having 25 years of continuous service at the time of separation,
shall be paid 40% of their accumulated sick leave into the City authorized Health Care Savings
Plan. In the event that the retiree benefit in effect on September 1, 2005 is completely eliminated
by the employer for employees hired before 1/1/92, the sick leave severance pay for employees
hired prior to 1/1/92 and having 25 years of continuous service will be paid at 40% of their
accumulated sick leave into the City authorized Health Care Savings Plan. If discharged for
cause, severance pay shall not be allowed.
Section 12.3.3 12.3.4 Revised this Section to tie reimbursements for meals to a federal
standard similar to the way the City handles mileage reimbursement.
12.3.3 Personnel Expense Reimbursement
3. Reimbursement for meals while on authorized travel will be for actual expenditures with
a maximum of 80% of the federal per diem rate per day.
12.3.4 Repealed
4. Employees and offleials of the City shall be r-eimbur-sed faf individual ef: ae�ual meal eest.
unless meal e paFt of ftine See eufr ent alle,.>.,ble
Section 3.10 Information Systems /Internet Use Policy
This section has been removed because these policies are better handled administratively so they
can be updated as IT recommends, similar to the City's Safety Manual.
If you need more information please don't hesitate to ask me. Thanks.
cc: Curt Boganey, Assistant City Manager
City Council Agenda Item No. 9i
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF
BROOKLYN CENTER FOR THE POST EMPLOYMENT HEALTH CARE
SAVINGS PLAN
WHEREAS, the City has negotiated in good faith with Local 49 (Public Works) for a
Memorandum of Understanding for a Post Employment Health Care Savings Plan; and
WHEREAS, attached hereto and incorporated herein by reference as Exhibit "A" is a
proposed Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Brooklyn Center approves the attached Memorandum of Understanding with Local 49 (Public
Works) effective November 17, 2005 December 31, 2006 set forth as Exhibit "A" and the Mayor
and City Manager are hereby authorized to execute the document on behalf of the City of Brooklyn
Center and to enter into such other amendments for Local 49 participants in the City's Post
Employment Health Care Savings Plan.
November 14, 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.
RESOLUTION NO. EXHIBIT A
MEMORANDUM OF UNDERSTANDING
Post Employment Health Care Savings Plan
The City of Brooklyn Center and IUOE Local #49 are parties to a labor agreement. The City of Brooklyn Center
and IUOE local 49 agree to amend Article 24 of the collective bargaining agreement and add the following
language in regards to participating in the ICMA Post Employment Health Care Savings Plan (PEHSCP).
ARTICLE 24 Severance Pay
Severance pay in the amount of one -third the accumulated sick leave Employees have to their credit
at the time of resignation shall be paid to Employees who have been employed for at least five
consecutive years. If discharged for cause, severance pay shall not be allowed.
Emplovees hired after 1/1/1992 and havine 25 vears of continuous service at the time of separation,
shall be paid 40% of their accumulated sick leave into the Citv authorized PEHSCP. In the event
that the retiree benefit in effect on September 1. 2005 is comDletely eliminated by the employer for
emplovees hired before 1/1/92, the sick leave severance Dav for emDlovees hired Drior to 1/1/92 and
having 25 vears of continuous service will be Daid at 40% of their accumulated sick leave into the
Citv authorized PEHSCP. If discharged for cause. severance Dav shall not be allowed.
The Memorandum of Understanding is in effect November 17, 2005 December 31, 2006
This Memorandum of Understanding is entered into this day of 2005.
For the City of Brooklyn Center: For IUOE Local 49:
r
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor
From: Michael J. McCaul
City Manager
Date: November 10, 2005
Re: Retirement Health Care Savings Plan
The City Council has previously authorized the Retirement Health Care Savings Plan for
non -union employees. This plan allow employees to create savings plans for post
employment health care costs using tax -free dollars under Federal law. It was used to
replace the post retirement payment of health care insurance premiums by the City. This
post retirement health insurance benefit was eliminated for employees hired after
1/1/1992 because it was creating a costly liability for the City. At the time that the benefit
was eliminated for employees hired after 1/1/1992, it was indicated that some adjustment
would be made regarding sick leave pay -outs. This addendum accomplishes two things: it
provides for participation in the post- retirement health care savings plan for Local 49
(participation requires negotiation for unions) and provides a 40% pay out of sick leave
for persons retiring with 25 years of service, as opposed to 33 This pay out of 33% of
sick leave is substantially less than the cost of post retirement health insurance premiums
by the City and paying out 33% of the accumulated sick leave.
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 Council Agenda Item No. 9j
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and ou cil Members o y, Lasman, Niesen, and O'Connor
From: Michael J. McCauley
City Manager
Date: November 10, 2005
Re: Addendum to Collective Bargaining Agreement With Local 86
When the contract with Local 86 representing police lieutenants and sergeants was
approved in 2004, wages for sergeants in 2006 were left open. Wages were left open
because there were too few contracts settled for sergeants to accurately gauge whether
Brooklyn Center was around the average of the comparison cities for sergeants.
Lieutenants received a 3% +$45 per month increase for each year of the contract (2005
2006) to get them closer to the average. In reviewing 2005 contracts, Brooklyn Center
Sergeants are $36.00 per month below the 2005 average in the comparison cities. The
addendum provides for a 3% increase in wages and $36.00 per month in 2006 over 2005
for sergeants. The trend in 2006 for sergeants is 3% and a 3% increase would be the same
as generally provided for other employees in 2006.
6301 Shingle Creek Parkway Recreation and Communit y 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
Memorandum
TO: Michael J. McCauley, City Manager
FROM: Kelli Wick, Human Resources Director
DATE: November 9, 2005
SUBJECT: 2005 Sergeant Wage Comparison
Attached is a copy of the 2005/2006 Sergeant wage survey. Please let me know if you need any
further information or have any questions.
kw
2005 Pay Comparison Sergeant 10/4/2005
using max wage rate
City 2005 2006
Brooklyn Center $5,942 $6,156
Crystal (w /long) $6,109 not settled
Fridley $5,892 not settled
Golden Valley Y $6 6 373
Maplewood $6,031 $6,213
New Hope $5,917 $6,095
Richfield $6,057 not settled
Roseville w /3% $5,947 not settled
White Bear Lake $5,721 not settled
Top avg monthly pay $5,978
Brooklyn Center $5,942
monthly difference ($36)
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION APPROVING THE ADDENDUM FOR LAW ENFORCEMENT
LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN
CENTER FOR THE CALENDAR YEAR 2006
WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states
that the City Council is to fix the salary or wages of all officers and employees of the City; and
WHEREAS, the City has negotiated in good faith with LELS Local 86
(Lieutenants /Sergeants) for wages for the year 2006 as attached.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to authorize the Mayor and City Manager to execute the attached Addendum with
LELS Local 86 (Lieutenants /Sergeants) for calendar year 2006.
BE IT FURTHER RESOLVED that authorized wage adjustments shall become
effective according to the schedule of the agreement which commences January 1, 2006.
November 14, 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.
RESOLUTION NO.
ADDENDUM
City of Brooklyn Center
and
Law Enforcement Labor Services, Local No. 86
The above stated Employer and the Union have agreed that the following 2006 Article 29
Wage Rates.
ARTICLE 29 Wage Rates
The Addendum shall be effective as of January 1, 2005, and shall remain in full force and
effect until the thirty -first (3 1) day of December, 2006, as noted in the contract.
ARTICLE 29 Wage Rates
Sergeant-
Date Sergeant Rate
1/1/06 3 $36 /month $35.51 /hour
IN WITNESS THERETO, the parties have caused this Addendum to be executed this
day of 2005.
FOR THE CITY OF FOR LAW ENFORCEMENT
BROOKLYN CENTER LABOR SERVICES NO. 82
Mayor Business Agent
City Manager Union Steward
City Council Agenda Item No. 9k
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: November 7, 2005
TO: Michael J. McCauley, City Manager
FROM: Jim Glasoe, Director of Community Activities, Recreation and Services
SUBJECT: Park and Recreation Commission Recommendation- Community Center
Membership Definitions
In March of this year, the City Council asked that the Park and Recreation Commission study the
membership definitions for the Community Center. As the City Council had received citizen
questions regarding the definition of a "family" as it relates to Community Center memberships,
the Council asked the Commission to study the issue and determine if the definition was too
restrictive. Additionally, the City Council asked that options be considered for all membership
definitions to make them more reflective of the changing dynamics of today's families.
With that charge, staff set out to develop potential membership scenarios that were perhaps less
restrictive, and yet met revenue goals. The Park and Recreation Commission reviewed these
options on several occasions and provided feedback. In the end, the proposed membership
revisions include both revised definitions and the addition of a "Punch Card" option.
A summary of the revised definitions are as follows:
Individual Membership- Available to one person
Dual Membership- Available to two people who both reside at the same address.
Household Membership- Available to two adults and up to three dependants 17
younger or full -time students ages 22 and younger who are attending post secondary
school.
Household Membership- Available to each additional household dependant over five.
Senior Membership- Available to Brooklyn Center senior residents age 62 and older.
Senior Dual Membership- Available to two Brooklyn Center senior residents age 62 and
older.
In all cases, proof of residency may be required.
At their September meeting, the Park and Recreation Commission unanimously passed a motion
informing the City Council that the Park and Recreation Commission had studied the
membership definitions of the Community Center and was comfortable with the direction being
taken by staff regarding the revisions.
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
A copy of the winter 2006 Community Center brochure p a g e with the revised definitions and
punch card option is attached for your reference. As always, please let me know if you have any
questions regarding the recommendation or would like additional information.
s
1 .✓O!7"�l?'ZUl't� fy ..��t'tzfert
Orr
6301 Shingle Creek Parkway 763 569 -3400 (Recreation Office)
763 -569 -3441 (24 Hour Recorded Information Line)
Memberships entitle the member to use the Olympic swimming pool, 150' water slide, diving boards, exercise room and sauna
during hours listed below. Hours subject to change. New membership ontions and nrices effective beginning January 2. 2006.
*Individual Membership Available to one person.
•Dual Membership Available to two people who both reside at the same address. Proof of residency required.
*Senior Membership Available to Brooklyn Center senior residents age 62 older. Proof of residency required.
*Senior Dual Membership Available to two Brooklyn Center senior residents age 62 older who both reside at the same
address. Proof of residency required.
*Household Membership Available to two adults and up to three dependents ages 17 younger or full -tune students ages 22 and
younger who are attending post secondary school. Proof of residency and post secondary status required.
•Household+ Membership Available to each additional household dependent over five. Additional $5.00 /month for each person.
MEMBERSHIP PRICES GENERAL ADMISSION PRICES
1 Month 3 Month 6 Month 1 Year With Slide I Without Slide
Individual I $24.00 $65.00 $115.00 I $187.00 Children up to age 14 $4.00 $2.50
Dual I $32.00 $86.00 $154.00 I $250.00 Senior Adult (62 &older)
Youth ages 15 -17
g $5.00 $3.50
Senior I $18.00 I $49.00 I $86.00 I $162.00 Adult (18 over)
Senior Dual $26.00 $70.00 $125.00 I $234.00 *PUNCH CARD PRICES -Pool, Exercise Room, Sauna
Household $37.00 $100.00 $178.00 $289.00 10 25 50 100
Household+ $5.001 $15.001 $30.00/ $60.00/ Punches Punches Punches Punches
dependent dependent dependent dependent Child I $23.75 $56.25 $106.25 $200.00
Adult I $33.25 I $78.75 $148.75 I $280.00
6x6rcise Room f sauna O *Use of water slide is an extra $1.50 per time when
P� St✓im Schedule using punch card option. Punch cards are good for
Monday, ne y ear from
y, Wednesday &Friday Monday, Wednesday &Friday Y purchase date.
9 a.m. to 9 P.M. 9 a.m. to 8 p.m. ttJalsr .Aids Schsdu/s
(Adults only -9 a.m, to 1 p.m.) (Adults only -9 a.m. to 1 p.m.)
Monday Friday -5 to 8 p.m.
Tuesday Thursday Tuesday Thursday Wednesday -6 to 8 p.m.
9 a.m. to 9 p.m. 9 a.m. to 5:30 p.m. Saturday-1 to 8 p.m. Sunday -1 to 5 p.m.
(Adults only -9 a.m. to 1 p.m.) (Adults only -9 a.m. to 1 P .m.)
Locker Rooms -Coin operated lockers provided.
Saturday ecure our belongings for 25 No children v
Y Saturday Y g g r over
8 a.m. to 9 p.m. 1 to 8 p.m. age 5 are allowed in opposite gender locker rooms.
(Adults only -11:30 a.m. to 1 p.m.) Family locker rooms available.
Game Room -Pool table, air hockey, video
Sunday Sunday games!
1 to 5 P.M. 1 to 5 P.M. Vending Machines Candy, beverage snack
items are available for sale.
Exercise Room -For ages 15 and older. Shirts and tennis shoes
required. Basic exercise room orientation, see page 12. Community Center Pool,
Sauna -For ages 18 and older. Children younger than this will not be Water Slide Exercise Room
allowed even if accompanied by an adult. Closed
Pool -An adult must accompany children ages 5 and younger in the Sunday, December 25, Christmas Day
pool. Swimsuits required in the swimming pool. Sunday, January 1, New Year's Day
Wading Pool Children 6 younger when supervised by an adult. Open
Water Slide -The recreation department reserves the right to open Saturday, December 24, 9 a.m. -1 p.m.
the water slide during non scheduled times. Children who are less Saturday, December 31, New Year's Eve
than 52" tall and wish t Monday, January 16, Martin Luther Kin Jr. D a
o use the water 1' b' 3'
slide must ass swim test or be
P
accomp Monda February 2D President s Da
panied by an adult. y� ry y
www.cityojbrooklyncenter.org 34 Recreation Brochure
City Council Agenda Item No. 91
*I City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: November 7, 2005
TO: Michael J. McCauley, City Manager
FROM: Jim Glasoe, Director of Community Activities, Recreation and Services
SUBJECT: Report- Adopt -A- Garden Guidelines
d
Per your request, staff has worked with the Park and Recreation Commission to develop
guidelines for groups wishing to "adopt" garden plots in the City. The attached Adopt -A- Garden
Guidelines are the culmination of these efforts. They were developed with input from staff,
Commission members and citizens. It is the intention of the Park and Recreation Commission to
revisit these rules after the first year, to make certain they are working.
Our plan is to distribute the guidelines, early in 2006, to all individuals and groups who have
adopted spaces in the past and new individuals /groups wishing to adopt garden areas. Staff will
work with groups to make certain they understand and follow the guidelines.
As always, please let me know if you have any questions regarding the guidelines or would like
additional information.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
www.cityofbrooklyncenter.org
City of Brooklyn Center
Adopt -A- Garden Program
Program Rules and Regulations
1. Businesses, individuals, families, organizations or clubs may adopt gardens.
2. In 2005, approximately ten gardens will be available for adoption.
3. The adoption period is one year. If demand exceeds the number of gardens available,
interested parties will be placed on a wait list for additional gardens that may become
available during the course of the year.
4. Those who adopt a garden must keep it maintained. If multiple complaints of sub-
standard maintenance are received, the responsible person will be contacted to correct the
deficiency, or have the garden reentered into the adoption pool and made available to
those on the wait list.
5. Current garden volunteers will have the opportunity to renew an adoption for
successive years before the garden is placed for adoption.
6. Adopters must preserve and care for any preexisting amenities.
7. Adopters must adhere to the planting guidelines established by the City of Brooklyn
Center, and as detailed below.
8. Outstanding adopters are eligible for recognition via the City's annual Landscape and
Garden competition.
9. The City of Brooklyn Center cannot be responsible for theft. Theft of plants and
signage is common. We recommend against using plants that are expensive and /or
difficult to replace.
10. The City of Brooklyn Center will be responsible for the creation and placement of all
garden signage. This will include "This garden available for adoption" signs, signs
recognizing the individual volunteers or groups adopting the garden, or a sign indicting
the garden has been adopted in memory of someone.
11. Adopters must submit a garden design and install the garden by the deadlines shown
below. Failure to comply will result in the garden being returned to the adoption pool
and being made available to those on the wait list.
Important note about Memorials and Displays: Increasingly, more and more
"adopters" are requesting permission to include a memorial or display in their garden
dedicated to a loved one who has passed away or in celebration of a holiday or special
event. Although these displays may have meaningful significance to some, many others
may view it as an obstruction, an intrusion, or even an eyesore.
Additionally, the "adopters "frequently desire special features such as, flags„
ornamentation, stones or sculptures to symbolize their feelings. These are often
vandalized or damaged and repair becomes a financial burden for the individual and/or
the city. As a result, the practice has become challenging for the Public Works
Department to manage.
Therefore, the City requires that non organic display items be limited to those directly
related to symbols of the United States and our national holidays. Allowable items
include; the American flag, bald eagles, stars and red, white or blue ribbons
Furthermore, the City requires that these items be placed no sooner than two weeks
prior, and removed no more than one week after recognized national holidays.
Please keep in mind that any changes to approved garden designs must be pre- apposed
through the submission of a revised garden plan which details all garden elements. A
revised garden plan must be submitted for each change.
Program Calendar Date
Adopt -a- Garden Lottery- April 1
Design application deadline- April 30
Garden installation deadline- Within 30 days of design approval
Maintenance- Ongoing, normally monthly at least
*Changes in garden design must be pre- approved.
Preliminary Design Review:
Once you have developed a design and a plant list for your garden, submit it to the City's
Public Works Department for review. Creative and horticultural judgments are up to
you. Please remember, only items organic in nature will be allowed.
We will review your application for adherence to program rules and give final approval
to proceed with installation. The City will strive to give final approval within ten days of
submission.
Final approval will be granted by the Public Works Director or their designee. The
adoptee has the right of appeal to the City Manager, should their design be denied.
Note: Any changes to approved garden designs must be pre- approved through the
submission of a revised plan.
Hardscape:
*Pre- existing benches and plaques must remain in place and be visible.
*Installation of statues, sundials, benches or other art items not organic in nature is
prohibited unless authorized as part of an approved garden design.
Plant Selection: Your garden will be subject to several constraints:
*It may have to survive on rainfall and hauled water alone. Not all sites have irrigation or
hose bibs.
*It should withstand moderate deer browsing.
*You must retain existing trees and shrubs.
Before you choose specific plants, decide the general types of plants you will use to carry
out your design or theme. Some types to consider are ornamental grasses, perennial and
annual flowering plants, wildflowers, bulbs, shrubs, vines and herbs.
Noxious weeds, invasive shrubs and groundcovers, as defined by the Minnesota
Commissioner of Agriculture, are prohibited as they may cause and/or are likely to cause
economic or environmental harm. Some examples include:
Buckthorn
Buttercup, Tall
Purple Loosetrife
Nightshade
Nutsedge, yellow nutgrass
Sunflower, except cultivars
Please contact the City for alternatives to the plants listed above, or with questions
regarding the suitability of other plantings.
Native Minnesota plants are a natural choice because they are adapted to our rainfall,
soils and temperatures. However, there are many well- behaved and well adapted
nonnative plants. The Resource section contains a list of local nurseries that stock native
and adapted plants.
Although hungry deer will eat almost any plant, some are less palatable than others. Deer
pose only a moderate problem at these garden sites, but pay attention to the deer
resistance of your plants before including them in your design. Unfortunately, the City
cannot be held responsible for the theft of plants, tools or landscaping materials. Theft of
garden materials is a risk that must be borne by the adopters. We suggest that you avoid
expensive or hard -to- replace plants.
Installation and Maintenance:
The absence of irrigation or a hose bib at some garden sites means you must find a way to
water the garden at the time of installation and periodically until the plants develop
adequate root systems to withstand dry periods. Providing water will be your greatest
challenge. You may have to resort to alternative water sources. In summer heat, you
may have to water as often as every four days for your plants to survive their first season.
Establishing your plants may take at least two growing seasons. Organic
mulch will greatly assist this process. If you use mulch of plant origin, we recommend
using a commercial product that is relatively free of weed seeds.
If your garden site is proximal to any lake or stream, use of chemical fertilizers, and
herbicides and pesticides of any sort is strictly forbidden. You may use organic
fertilizers and soil amendments. If your site needs treatment, please contact the City at
(763) 569 -3400. We will relay your request to the Public Works Department.
Driving in the park is prohibited. Please contact the Public Works Department
regarding your major garden installation days. They may be able to provide some
assistance with delivery of materials.
Insurance regulations require that anyone working on a garden in the City must sign a
liability waiver. Waivers for all potential helpers can be filled out when the adoption
takes place. Anyone who might work on the garden during a year should be listed on the
form or they cannot perform any work in the garden.
Adopters must maintain gardens to a reasonably high standard, e.g. weeded and dead
plants removed. If you cannot meet your maintenance obligation, please contact the City
promptly so that we can assist in finding additional help, or reassigning the garden.
Safety: Take a first aid kit and mobile phone or other means of communication to all
work sessions. Prior to garden installation, the City will mark the position of any
underground utilities, if they exist. Volunteers "must not" undertake any planting until
all areas have been marked. Volunteers are cautioned to take extreme caution as you dig
planting holes.
Tips and Resources
Goal What effect or function do you want your garden to create? Showcase regional
plants? Provide nectar for insects and birds?
Organize your ideas notebook for sketches, plant ideas, expenses contact numbers
may be all you need.
Site assessment Measure your garden, including any man -made structures. Note the
location of below ground utilities and existing plantings. Note any change in slope and
drainage patterns. Note shaded and sunny areas. Note whether site is protected or open
to wind. Note views. Assess the soil. Are soil improvements needed for fertility and
moisture retention? Many native plants are adapted to poor soil. If you intend to use such
plants, use a light hand with fertilizer and compost for best long -term growth. Note
circulation patterns near your garden. How will people using the trail impact the site?
Plant selection Use what you have learned from your site assessment to choose your
plants. Consider carefully: sun/shade needs; soil type needs; size at maturity; potential to
injure trail users with thorns or spines; potential to become invasive; potential to block
views or provide cover for criminal activity.
Design Sketch some layouts that integrate what you have learned about your site before
settling on a design.
Contacts, Questions and Ideas:
We're eager to hear your ideas how we can improve this program. If you have
comments, questions or ideas please feel free to contact:
Joyce Gulseth
Public Works Administrative Aide
(763) 569 -3348
Jim Glasoe
Director of Community Activities,
Recreation and Services
763) 569 -3400
City Council A enda Item No. 9m_
g
RESOLUTION CALLING FOR A PUBLIC HEARING
ON THE ISSUANCE OF A HEALTH CARE FACILITIES
REVENUE NOTE AND AUTHORIZING
THE PUBLICATION OF A NOTICE OF THE HEARING
(a) WHEREAS, Minnesota Statutes, Sections 469.152 through 469.1651, relating to
municipal industrial development (the "Act gives municipalities the power to issue revenue
obligations for the purpose of providing necessary health care facilities so that adequate health
care services are available to residents of the State at reasonable cost; and
(b) WHEREAS, the City Council of the City of Brooklyn Center, Minnesota (the
"City has received from Maranatha Conservative Baptist Home, Inc., a Minnesota nonprofit
corporation (the "Corporation a proposal that the City assist in financing a Project hereinafter
described, through the issuance of a revenue note or obligations (in one or more series) (the
"Note pursuant to the Act; and
(c) WHEREAS, before proceeding with consideration of the request of the
Corporation it is necessary for the City to hold a public hearing on the proposal pursuant to the
Act:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, as follows:
1. A public hearing on the proposal of the Corporation will be held at the time and
place set forth in the Notice of Public Hearing hereto attached.
2. The general nature of the proposal and an estimate of the principal amount of
Note to be issued to finance the proposal are described in the attached form of Notice of Public
Hearing.
3. The City Manager is hereby authorized and directed to cause notice of the hearing
to be given one publication in the official newspaper of the City and a newspaper of general
circulation available in the City, not less than 15 days nor more than 30 days prior to the date
fixed for the hearing, substantially in the form of the attached Notice of Public Hearing with such
changes as required or approved by Bond Counsel.
Adopted by the City Council of the City of Brooklyn Center, Minnesota, this day of
2005.
Myrna Kragness, Mayor
ATTEST:
Sharon Knutson, City Clerk
1841265v1
NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR
THE ISSUANCE OF REVENUE NOTES
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of the City of Brooklyn Center, Minnesota,
will meet at the City Hall, 6301 Shingle Creek Parkway, in the City of Brooklyn Center,
Minnesota (the "City at 7:00 p.m. on Monday, December 12, 2005, to consider the proposal of
Maranatha Conservative Baptist Home, Inc., a Minnesota nonprofit corporation (the
"Borrower that the City assist in financing a project hereinafter described pursuant to
Minnesota Statutes, Sections 469.152 to 469.165 1, by the issuance of a revenue note or notes
(the "Notes
The "Project" consists of the acquisition of an approximately 44,800 square foot skilled
nursing facility, currently licensed for 97 -beds, located at 5401 69th Avenue North in the City.
The Project will be owned and operated by the Borrower.
The maximum aggregate estimated principal amount of the Note or other obligations to
be issued in one or more series to finance the Project will be $4,000,000.
The Note or other obligations, as and when issued, will not constitute a charge, lien or
encumbrance upon any property of the City, or its housing and redevelopment authority, except
the Project and the revenues to be derived from the Project. Such Note or obligations will not be
a charge against the City's general credit or taxing powers but are payable from sums to be paid
by the Borrower pursuant to a revenue agreement.
At the time and place fixed for the public hearing, the City Council of the City will give
all persons who appear at the hearing an opportunity to express their views with respect to the
proposal. Written comments will be considered if submitted at the above City office on or
before the date of the hearing.
BY ORDER OF THE CITY COUNCIL OF
THE CITY OF BROOKLYN CENTER,
MINNESOTA
By Michael McCaulev
Its City Manager
1841265v1
RESOLUTION CALLING FOR A PUBLIC HEARING
ON A PROPOSAL FOR A HOUSING FINANCE PROGRAM
AND THE ISSUANCE OF A HOUSING REVENUE NOTE
TO FINANCE A MULTIFAMILY HOUSING PROJECT
PURSUANT TO MINNESOTA LAW, AND AUTHORIZING
THE PUBLICATION OF A NOTICE OF THE HEARING
(a) WHEREAS, Minnesota Statutes, Chapter 462C (the "Act confers upon cities,
the power to issue revenue obligations to finance multifamily housing developments within the
boundaries of the city; and
(b) WHEREAS, the City Council of the City of Brooklyn Center, Minnesota (the
"City has received from Center Park Senior Apartments, Inc., a Minnesota nonprofit
corporation (the "Corporation a proposal that the City assist in financing a Project hereinafter
described, through the issuance of a revenue note or obligations (in one or more series) (the
"Note pursuant to the Act; and
(c) WHEREAS, before proceeding with consideration of the request of the
Corporation it is necessary for the City to hold a public hearing on the housing finance program
and proposal pursuant to the Act:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, as follows:
1. A public hearing on the housing finance program and proposal of the Corporation
will be held at the time and place set forth in the Notice of Public Hearing hereto attached.
2. The general nature of the proposal and an estimate of the principal amount of
Note to be issued to finance the proposal are described in the attached form of Notice of Public
Hearing.
3. A draft copy of the housing finance program with proposed forms of all
attachments and exhibits shall be on file in the office of the City Manager on the date the Notice
of Public Hearing is published.
1841269v1
4. The City Manager is hereby authorized and directed to cause notice of the hearing
to be given one publication in the official newspaper of the City and a newspaper of general
e City, not less
than 15 days nor more than 30 days prior to the date s
circulation available in th Y p
tY� Y
f the attached Notice of Public Hearin with such
fixed for the hearing, substantially in the form o g
g, Y
changes as required or approved by Bond Counsel.
Adopted by the City City Council of the Ci of Brooklyn Center, Minnesota, this day
of 2005.
Myrna Kragness, Mayor
ATTEST:
Sharon Knutson, City Clerk
i
1841269v1
i NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A HOUSING FINANCE
PROGRAM AND THE ISSUANCE OF A HOUSING REVENUE NOTE TO FINANCE
A MULTIFAMILY HOUSING DEVELOPMENT
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of the City of Brooklyn Center, Minnesota,
will meet at the City Hall, 6301 Shingle Creek Parkway, in the City of Brooklyn Center,
Minnesota (the "City at 7:00 p.m. on Monday, December 12, 2005, to consider a housing
finance program of the City and the proposal of Center Park Senior Apartments, Inc., a
Minnesota nonprofit corporation (the "Borrower that the project described below be assisted by
the issuance of a revenue housing note under Minnesota Statutes, Chapter 462C.
The "Project" consists of the acquisition of an approximately 52,500 square foot, 65 -unit
multifamily housing facility, including garage facilities, located at 5415 69 Avenue North in the
City. The Project will be owned and operated by the Borrower.
The maximum aggregate estimated principal amount of the Note or other obligations to
be issued in one or more series to finance the Project pursuant to the housing finance program
will be $2,800,000.
Subsequent to approval of a housing finance program, the City may issue revenue
obligations to finance the housing finance program. The Note or other obligations, as and when
issued, will not constitute a charge, lien or encumbrance upon any property of the City, or its
housing and redevelopment authority, except the Project and the revenues to be derived from the
Project. Such Note or obligations will not be a charge against the City's general credit or taxing
powers but are payable from sums to be paid by the Borrower pursuant to a revenue agreement.
Further information concerning the housing finance program and the Project may be
obtained from the City Manager during normal business hours.
At the time and place fixed for the public hearing, the City Council of the City will give
all persons who appear at the hearing an opportunity to express their views with respect to the
housing finance program and proposal. Written comments will be considered if submitted at the
above City office on or before the date of the hearing.
Dated: 2005.
BY ORDER OF THE CITY COUNCIL OF
THE CITY OF BROOKLYN CENTER,
MINNESOTA
By Michael McCaulev
Its City Manager
1841269v1
EARS F
9 a November 8, 2005
Michael McCauley
PRE,SBYTERIAN City Manager, City of Brooklyn Center
HOMES SERVICES
City Hall,
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Re: Presbyterian Homes affiliation with Maranatha Care Center and
Apartments
Dear Michael,
Senior communities As you may be aware, Presbyterian Homes is in the process of affiliating
with the Maranatha senior housing and care center campus located at 5401
69 Avenue North in the City of Brooklyn Center. The Maranatha campus
designed with the hand has been built in stages since 1962 and currently consists of 97 nursing
home beds and 65 independent housing and assisted living apartments all
for seniors.
Operience, a heart
Affiliation discussions began in July, 2005, when the Board of Directors
for Maranatha decided that affiliating with a larger organization that had
for exceQerlce and an for
operating systems, financial strength, and a similar Christian
philosophy would be in the best long term interest of the residents of the
eye to the future. campus. Presbyterian Homes has long identified the northwest quadrant of
the Twin Cities metro area as an area that we would like to establish a
presence in and be in a position to provide residents of that community a
full continuum of quality care.
Presbyterian Homes was established in 1952 and currently serves
approximately 8,000 older adults on an annual basis. We have 25 campuses
in the Twin Cities, 3 in Wisconsin and 2 in Iowa. Our philosophy is to
provide the highest quality care in a Christian environment and preferably
offer our services in a campus environment where residents can move in
when they are still independent and needing little care and can remain on
that campus and have their needs met through the end of their life. We
currently own or manage 5,163 units, made up of nursing home beds,
assisted living and independent living apartments. We have annual
revenues of approximately 150 million and have 2,850 employees.
We are asking that the City of Brooklyn Center act as the Conduit Issuer
for up to $6,500,000 of bank qualified tax- exempt revenue bonds. These
revenue bonds would payable solely from the revenues of the campus and
would not in any way be an obligation of the City of Brooklyn Center. I
Management Services
2845 Hamline Avenue North, Suite 200, Roseville, MN 55113 Phone (651) 631 -6100 Fax (651) 631 -6108
have attached a description of the Minnesota Statute that describes this
process in more detail.
Presbyterian Homes would agree to pay any costs or fees that the City of
Brooklyn Center would have in connection with the issuance.
Thank you for your assistance in this matter, we sincerely appreciate your
cooperation. If you have any questions or need further information, feel
free to-contact me at (651) 631 -6120.
Sincerely,
Mark Meyer
Chief Financial Officer
2
CONDUIT FINANCING IN MINNESOTA
Minnesota Statutes, Sections 469.152 through 469.165, Municipal Industrial Development (the
"Act") authorizes cities (and also housing and redevelopment authorities, port authorities,
economic development authorities, area or municipal redevelopment agencies and in certain
circumstances towns and counties) to issue bonds to finance projects described in the Act.
Generally speaking, the requirements of Minnesota Statutes, Chapter 475 relating to municipal
bonds do not apply to bonds issued under the Act. An election is not required. "Project" is
generally defined as any real or personal property used or useful in connection with a revenue
producing enterprise. Specific authorizations include tourism projects; health care projects
including hospitals, nursing homes and related medical facilities; manufacturing projects; and
jails. Residential projects are specifically excluded.
The basic structure of transactions under the Act is as follows: a privately placed note or
publicly sold bonds "obligations are issued by the Issuer. The Issuer loans the proceeds
from the sale of the obligations to a private or nonprofit party (the 'borrower"). This loan is
made pursuant to a loan agreement which requires the borrower to comply with certain
requirements (including
maintaining insurance) of state law and the Internal Revenue Code (the "Code The loan
agreement further requires the borrower to generate revenues sufficient to pay amounts owed by
the Issuer on the obligations. Payments under the loan agreement are equal to the payments due
on the obligations. Because the obligations are a promise to pay between the private placement
lender or bond trustee and the Issuer, and because the loan agreement is between the Issuer and
the borrower, another agreement called a pledge agreement or trust indenture is used pursuant to
which the Issuer pledges its receipts under the loan agreement for payment on the obligations.
(Usually the loan agreement provides that the payments are made by the borrower directly to the
lender or bond trustee.) In addition, the borrower usually executes a mortgage and/or security
agreement in favor of the lender or bond trustee. Occasionally other types of collateral are also
required such as guaranties, letters of credit, etc. In all cases the security interest in these items
of collateral runs in favor of the lender or bond trustee.
The Act specifically provides that obligations issued under the Act are not payable from or
charged upon any funds other than the revenue pledged to their payment, nor is the Issuer subject
to any liability on them. No holder of the obligations has the right to require any exercise of the
taxing power of the Issuer to pay the obligations or the interest thereon, or enforce payment of
the obligations against any property of the Issuer, except those projects or portions thereof
mortgaged or otherwise encumbered under the provisions and for the purposes of the Act.
As you can see, the only recourse the lender or bond trustee has is to the project revenues and the
real estate and/or equipment pledged as collateral for the loan.
The Act also contains certain procedural requirements in order for the obligations to be
validly issued. These include holding a public hearing and submitting a request to the
Minnesota Department of Trade and Economic Development for project approval.
In order for obligations issued under the Act to be tax exempt, there must be
compliance with certain requirements of the Code. One of these is public approval,
which means that the issuance of the obligations must be approved after a public
hearing. Usually a state law public hearing and the federal law public hearing are held
simultaneously. Other Code requirements include: (1) a limitation of the costs of
issuance of the obligations which can actually be paid from the proceeds of the
obligations (this limit is 2 (2) the proceeds of the obligations must be used in the
trade or business of a nonprofit corporation which is the borrower; and (3) federal tax
form 8038 must be filed with the Intemal Revenue Service upon issuance of the
obligations. There are a variety of other technical requirements under the Code which
I shall not go into at this time.
I hope this information has been responsive to your needs and helps your governing
body gain a greater understanding of the structure of this project.
k
AGENDA
CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
November 14, 2005
Immediately Following Regular City Council and EDA Meetings Starting at 7:00 P.M.
City Council Chambers
1. Council Member Carmody: Continued discussion of Watershed Commission
appointment for January 2006
2. Review of draft 2006 City Council Calendar dates
3. Deadline enforcement for liquor license renewals
4. Discussion of form and date for 2005 City Manager evaluation
5. Adjourn
4
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Carmody, Las n, Niesen, and O'Connor
From: Michael J. McCauley
City Manager
Date: November 9, 2005
Re: Work Session Item on Watershed
Council Member Carmody requested a Work Session agenda item to continue discussion
of Watershed representation. Attached are the materials from the previous work session
on October 10 and the minutes of the October 10"' Work Session.
6301 Shingle Creek Parkwa y y 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
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
OCTOBER 10, 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 8:13 p.m.
ROLL CALL
Mayor /President Myrna Kragness and Councilmembers /Commissioners Kathleen Carmody, Kay
Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager /Executive Director
Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, and City Clerk
Sharon Knutson.
COUNCIL MEMBER CARMODY: DISCUSSION OF WATERSHED COMMISSION
APPOINTMENT FOR JANUARY 2006
Councilmember Carmody said that since the watershed is considering ad valorem taxes across the
Shingle Creek Watershed and perhaps, in the future, the West Mississippi Watershed, she would
recommend a Council Member serve as the City representative on the watershed commissions rather
than a resident. She stated that someone needs to be held accountable for such decisions, and she
doesn't think it is fair to put the current commissioner, Grady Boeck, in that position.
Councilmember Niesen said she is not in favor of having a Council Member be the representative for
the watershed commissions. She stated the whole idea of the body is to do what's best for water
quality issues.
Grady Boeck, Brooklyn Center's Watershed Commission Representative, addressed the Council and
said the watershed commission cannot levy a tax, only request the money. He further stated
Hennepin County or the City would have to authorize the tax. He indicated he would not have a
problem not serving as the representative.
Councilmember Niesen discussed Mr. Boeck's engineering background and said she believes that is
an important qualification for serving on the commission.
Mr. Boeck stated that other communities have the City Engineer attend alongside the representative
for advisement, and the City Engineer is usually a member of the watershed Technical Advisory
0 Committee (TAC).
10110105 -1-
Councilmember Carmody said she disagreed with the representative needing a technical background,
and that is the basis for the TAC. She said there are issues discussed by the watershed, and they are
not taking into consideration the City's position, or the City's position is not being communicated to
the watershed commissions.
Councilmember Niesen said she had talked with someone in Minneapolis regarding its watershed
district and reviewed some of the ideas associated with that type of structure.
Councilmember Carmody stated that Brooklyn Center is mostly developed, so there are fewer
watershed issues than other growing communities. She raised the issue of whether the City would
save money by paying $1,000 for permit review rather than sharing in the total cost overall. Mr.
McCauley responded that if the City were to capture the same amount of money, it could pay more
using the formula.
There was discussion regarding the watershed management organizations, including the structure,
dues and fees, meeting expenses, and meeting times.
Councilmember Niesen explained some of the differences with a watershed district structure, most
notably that it is led by an independent staff person rather than an attorney or engineering firm. She
suggested drafting a letter to the watershed commissions with a list of suggestions or ideas to effect a
change to lower costs overall and presenting copies at a watershed meeting.
Councilmember Niesen raised the issue of how the area for a watershed district is drawn. Mr.
McCauley responded it is determined by hydrology, the natural flow of the watershed.
Councilmember Lasman asked if, rather than rehabilitate or change the organization,
Councilmember Carmody would be willing to get the watershed agenda and discuss it with the
Council and then communicate the voting consensus of the Council to the City's watershed
representative. She said that trying to change the organization is a pretty large task.
Councilmember Carmody stated that the watershed meeting packets are not available until the Friday
prior to the meeting. She said this left her with only three days to read it and the Council meeting
packet and provide input. She did not feel she could always accomplish that prior to the meeting.
Mr. McCauley said there were two situations, the first was the City representative on the
commission, and the second was the structural organization of the watershed. He reviewed the
current model for City representation on the watershed commission, which was a citizen
representative nominated by the Mayor. He said changing the structure of the watershed could be
very political.
Councilmember Niesen offered to put together some inforination for the Council to review regarding
watershed districts.
10/10/05 -2-
i
Page 1 of L.
Michael McCauley
From: Kathleen Carmody
Sent: Tuesday, August 30, 2005 2:18 AM
To: Michael McCauley
Subject: Watershed Representation
Mike,
Could you please put a discussion topic on the work session concerning the watershed management
representation?
1 think that since the watershed is seriously considering ad valorem taxes across the Shingle Creek Watershed
and perhaps, in the future, the West Mississippi Watershed we should have a council member be the
representative. However, I do not feel the council member should have carte blanche to vote however he or she
feels. I would like it structured so that the representative to the watershed would vote as the majority of the
council would like. If that does not occur, the council member would be replaced immediately with one that does
vote in accordance with the council wishes.
I just sense that the watershed will continue to be a source of both potential solutions and potential problems and
I would like a better understanding of what is going on there.
I am wondering if we should invite Grady Boeck. I don't want him to think that we don't appreciate his work or the
time he takes for these issues. I just would like to say that taxes are being raised and let the residents have some
one to hold accountable. I don't think it is fair to put Grady in that position.
If you have other thoughts, you can include them in the packet. I am wondering if we have too much stuff on the
September 12 agenda and maybe, if necessary, we can discuss it at the, September 26 meeting.
Kathleen Carmody
n F
7
10/05/2005
September, 27, 2005
Mr. Graydon Boeck
5601 Indiana Ave. N.
Brooklyn Center, MN. 55429
Dear Grady:
I couldn't get a hold of you by phone this past weekend to ask you to come to the City
Council work session so we tabled a proposal that I have made to them..
Since the Shingle Creek Watershed Management Organization is now going to be taxing
residents, I think it is imperative that the residents have someone to hold accountable for
increases to their property taxes. I do not think that is a position in which we should put a
resident. I believe the watershed needs to have a council member that votes as the
council as a whole wishes it to vote so that the council and residents have a say in the
taxes levied on them, We tabled it to the October 10` City Council work session so that
you could be part of the discussion. The work session will take place after the regular
City Council meeting. I hope to see you there. s
Kathleen Carmody,
Brooklyn Center City Council Member
t`.
Ti
x
3.
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members rmody, Lasman, Niesen, and O'Comlor
From: Michael J. McCauley
City Manager
Date: November 9, 2005
Re: 2006 City Council Calendar
We are preparing a draft 2006 City Council Calendar. Unless the Council wishes to
consider changing the dates, we will prepare a calendar based on:
City Council meetings on the 2 "d and 4` Monday of the month (in 2006 there are no
Monday holiday conflicts).
Joint meetings with the Financial Commission
June 5th Budget and Report from Auditors
August 21" General Fund Budget
October 16 Enterprise Fund Budgets
November 20 All Funds Budget
Truth in Taxation Hearing
December 4`'
In reviewing the report from Mr. Neu, it indicates that the City Council planned to have a
facilitated retreat in March to:
Review Council Goal Setting Process: consider updating the City's goals and
establishing specific performance outcomes to be achieved for each goal
during the calendar year.
Establishing a revised City Manager Evaluation process focusing on fulfilling
position responsibilities, achieving specific performance objectives, and the
on-the-job demonstration of defined position related competencies expected
of the City Manager.
Mr. Neu is available for a March retreat on any dates other than March 17 18 The
National League of Cities Washington conference is March 11 15
Another question for the City Council is whether the Council wants to schedule a meeting
with Commission Chairs.
Two special meetings will be scheduled to canvass the primary and general elections.
Those meetings would be at 4:30 on September 13 and November Stn
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
Member K Lasman introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2005 -148
RESOLUTION RECEIVING AND ACCEPTING OBSERVATIONS AND
CONCLUSIONS REPORT AS PREPARED BY CARL H. NEU, JR.
WHEREAS, the City Council met in a facilitated workshop on September 14,2005;
and
WHEREAS, the facilitator, Carl H. Neu, Jr., has prepared an Observations and
Conclusions report made by the participants during the facilitated workshop.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the Observations and Conclusions report as prepared by Carl H. Neu, Jr.
attached hereto as Exhibit A be and hereby is received and accepted.
October 10. 2005
Date 'A� Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Kathleen Carmody;
and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness,
Kathleen Carmody, Kay Lasman, and Diane Niesen;
and the following voted against the same: Mary O'Connor;
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 2005 -148 EXHIBIT A
Brooklyn Center City Council Leadership Workshop
Conducted September 14, 2005
Observations and Conclusions Made by the Workshop Participants.
1. Opportunity Site (Discussion involved all council members, the City Manager, and the
Assistant City Manager)
What is /are issue(s) we need to address?
Options
Pros /Cons consequences associated with each proposed option
Resolution- direction by city council.
Opportunity Site
Issues: Education of public
Direction from city council re: opportunity site
North Brook inclusion (communication with Hmong Comm.)
Eminent Domain
Risk mitigation
Brookdale Ford Car Dealership
Key opportunity for the City.
a. North Brook
Damon Farber will solicit input from Hmong Chamber of Commerce, etc. including
opinions form Hmong residents within the city.
Invitation to Hmong leaders explore our ability to get participation and enhance
outreach.
b. Opportunity Site worthwhile project.
C. Next Steps
Task Force has to complete and report its conclusions (Feb. /March 06)
Determine development strategy (probably master developer for Opportunity site)
(North Brook separate development proposal)
Determine resolution of Brookdale Ford if acquiring other land parcels in Phase 1
Fiscal analysis by Springsted to create negotiations and financing approaches.
(Jan -Feb 06)
2
RESOLUTION NO. 2005 -148 EXHIBIT A
City decide on how it wants to proceed with opportunity site (planned approach)
and manage the process to conclusion. This will include creation and adoption of
city approved Master Plan consistent with Task Force input.
Communicate with public
Select phased "start dates"
2. Discussion about Council as contrasted to Council Members (Council members only
participating)
Council Council Members
Rules procedures Be prepared
Effective use of council time and Act as a council member
coming to a decision Be accountable for one's behavior
Act as a council (team) and effect on council
Norms governing behavior and Values respect differences
procedures Title a council member is seen
Use of workshops by public as a "council member"
Mission Focus as basis for council even if speaking on an issue as a
decision making private citizen
Decorum at meetings
3. Proposed topics for March, 2006 (Date to be determined) Council Leadership Workshop:
Review of Council Goal Setting Process: consider updating the City's goals and
establishing specific performance outcomes to be achieved for each goal during the
calendar year.
Establishing a revised City Manager Evaluation Process focusing on fulfilling
position responsibilities, achieving specific performance objectives, and the on -the-
job demonstration of defined position related competencies expected of the City
Manager.
4. City Council Goals for 2006.
2006 City Council Goals
Goals 1 and 2 become the "super ordinate goals" that will be absorbing most of the
Council's leadership and the municipal staff's management capacity during 2006.
Goals 3 and 4 are reflective of the Council's commitment to sustain the efforts these
goals addressed because of their extreme importance to the community.
3
RESOLUTION NO. 2005 -148 EXHIBIT A
The goals, listed below, established for 2005 are carried forward as Council's Goals
for 2006.
Goal No. 1: Create a New Brooklyn Center "Downtown" Blueprint
Goal No. 2: Continue Funding of Community Services.
Goal No. 3: Sustain Code Enforcement, Crime Prevention, and Traffic
Enforcement Efforts.
Goal No. 4: Continue the Street Reconstruction Program.
4
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor
From: Michael J. McCauley
City Manager
Date: November 9, 2005
Re: Liquor License Renewals
Attached is a memorandum from the City Clerk outlining the liquor license renewal
process and forms. Last year we had some licensees who did not provide the required
forms in a timely fashion. We also had the issue of Applebee's, which was a matter
beyond their control.
The purpose of this agenda item is to update the Council on the liquor license renewal
process. We have received more timely submissions for the most part for the 2006
licenses. However, we wish to confirm the Council's direction from last year at the
December 29"' special meeting that we will not be scheduling special meetings if liquor
licensees do not make timely submission of all required documentation.
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
Office of the City Clerk
City of Brooklyn Center
ORANDUM A Millennium Community
MEM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk.
DATE: November 1, 2005
SUBJECT: Liquor Licenses for 2006
The liquor licenses for the 2006 renewal period were received by the Minnesota Department of Public
Safety on October 4, 2005, and mailed to the establishments on October 5, along with other
docu nentation required to renew the licenses (copy attached). City Ordinance Section 11 -103, subd. 5,
requires applications for the renewal of liquor licenses be made by November 1.
The liquor license renewal application for the State of Minnesota needs to be approved by the City
Council of the governing body and signed by the City Clerk and Police Chief. The State needs to
receive the liquor license renewal application, along with the certificate of insurance for liquor liability
prior to December 31 for consideration and approval.
For each of the past two years there have been establishments that have not submitted the application for
the renewal of the liquor license when it is due. In 2003 a special Council meeting was called on
December 29 to approve the liquor license for Ref's Sports Bar Grill, 2545 County Road 10, and it
was noted in the minutes that the Council would not follow the same procedure the following year and
that Ref's would need to provide all required documents on or before the deadline.
Last year a special Council meeting was called for consideration of Applebee's liquor license on
December 27. This was a special circumstance because Brookdale property taxes were delinquent and
unpaid and a temporary restraining order from the Hennepin County District Court directed issuance of
a special liquor license to Applebee's that would expire March 31, 2005. It was noted in the
December 27 minutes that Coyote Grille, Value Foods, and Chuck Wagon Grill had not provided the
appropriate paperwork for granting the liquor licenses and they had until December 31. As of
December 30, 2004, Coyote Grille had still not paid its property taxes, Value Foods had not submitted a
certificate of insurance for liquor liability, and the check from Chuck Wagon Grill for the license fee
bounced and the license fee had not been paid.
Although the letter that was mailed out on October 5, 2005, indicates the due date is November 1, 2005,
and the last Council meeting for the year for consideration of liquor licenses is December 12, 2005, I
have had three establishments call inquiring if the paperwork can be submitted the end of the week or
next week (Coyote Grille inquired what the last possible date to submit the paperwork would be).
Please advise how you would like me to address this issue of late applications for the renewal of liquor
k licenses. Thank you.
1 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
100. SET SPECIAL CITY COUNCIL MEETING ON DECEMBER 29, 2003, AT
4:00 P.M.
Mr. McCauley discussed that there are two liquor license holders who have not applied to renew
their liquor licenses for 2004. If the Council wishes to schedule a special meeting on December 29,
2003, there would need to be three members to consider a liquor license.
Council discussed. Councilmember Lasman informed that she would be available on December 29,
2003. Mayor Kragness said she would be available and expressed that deadlines need to be
considered. Councilmember Niesen informed that she would be willing to set a special session this
year to consider the liquor license renewals.
A motion by Councilmember Lasman, seconded by Councilmember Peppe to set a Special City
Council meeting on December 29, 2003, at 4:00 p.m. Motion passed unanimously.
I Op. RESOLUTION AMENDING 2003 GENERAL FUND BUDGET TO PROVIDE
FOR ADDITIONAL CAPITAL FUNDING
Mr. McCauley discussed that this resolution amends the 2003 General Fund Budget to provide for
additional capital funding into the Technology Fund and provides that $275,000 shall not be
expended from the Technology Fund without the express authorization of the City Council. Also,
the sum of $100,000 is authorized for transfer into the Street Construction Fund.
RESOLUTION NO. 2003 -219
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION AMENDING 2003 GENERAL FUND BUDGET TO PROVIDE FOR
ADDITIONAL CAPITAL FUNDING
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Peppe. Motion passed unanimously.
IOq. RESOLUTION AMENDING THE 2003 -2004 DEER MANAGEMENT
IMPLEMENTATION PLAN
Mr. McCauley discussed that this resolution would amend the 2003 -2004 Deer Management
Implementation Plan as follows:
All deer harvesting will be carried out on weekdays only.
Deer harvesting over bait with special Department of Natural Resources permit in January
and February is allowed in Palmer Lake Park.
Deer harvesting in January and February may occur during the hours of Noon and 7:00 p.m.
0(2/08/ -21-
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
SPECIAL SESSION
DECEMBER 29, 2003
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER SPECIAL BUSINESS MEETING
The Brooklyn Center City Council met in Special Session and was called to order by Mayor Myrna
Kragness at 4:04 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob
Peppe. Also present were Assistant City Manager /Director of Operations Curt Boganey, City
Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum.
RENEWAL LIQUOR LICENSE REF'S SPORTS BAR GRILL, 2545 COUNTY
ROAD 10
Assistant City Manager /Director of Operations Curt Boganey discussed that Ref's Sports Bar and
Grill had submitted all the requirements for their liquor license renewal.
Councilmember Carmody suggested that it be passed on to Ref's Sports Bar and Grill that the
Council will not follow this procedure next year and that they will need to provide all required
documents on or before the deadline.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve
Intoxicating Class B, Sunday, and Special 2 a.m. Liquor Licenses for Ref's Sports Bar Grill, 2545
County Road 10. Motion passed unanimously.
INITIAL LIQUOR LICENSE BEST WESTERN BROOKLYN CENTER INN, 1501
FREEWAY BLVD.
Mr. Boganey discussed that the owner of Best Western had applied for a liquor license since the
closing on a potential sale for conversion to senior housing has not yet occurred. The application is
recommended for approval subject to provision of the required insurance certificate.
12/29/03 _1_
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
SPECIAL SESSION
DECEMBER 27, 2004
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER SPECIAL BUSINESS MEETING
The Brooklyn Center City Council met in Special Session and was called to order by Mayor Myrna
Kragness at 4:00 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Bob Peppe.
Councilmember Diane Niesen was absent and excused. Also present: City Manager Michael
McCauley and Deputy City Clerk Maria Rosenbaum.
CONSIDERATION OF APPLEBEE'S ON -SALE INTOXICATING LIQUOR LICENSE
FOR 2005
City Manager Michael McCauley discussed that the City received a temporary restraining order from
the Hennepin County District Court and that the order directs issuance of a liquor license. This
special liquor license would expire on March 31, 2005, unless otherwise extended or modified by the
Court.
Mr. McCauley informed that the appropriate paperwork for the liquor license renewal process had
not been received from Coyote Grille, Chuck Wagon Grill, and Value Food and that they would have
until December 31, 2004, to provide the appropriate paperwork.
RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR
SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE
CALENDAR YEARS 2005 -2006
Mr. McCauley informed that he was notified today that Local No. 82 had ratified the proposed two
year labor agreement that was parallel to the Local No. 49 agreement. This two year agreement
would cover 2005 and 2006 with a three percent general wage increase in each of the contract years;
have the same health insurance provisions as provided by Local No. 49 and non -union employees;
provides a three percent increase in uniform maintenance allowances; standardizes call back for
court appearances to a three hour minimum; and provides improved language clarifying the
probationary period for promotions.
12/2 7/04 -1-
Office of the City Clerk
City Of Brooklyn Center Sharon Knutson
A Millennium Community City Clerk
LIQUOR LICENSE RENEWAL
DATE: October 5, 2005
TO: Liquor License Holders 11 f
FROM: Sharon Knutson, City Clerk
SUBJECT: Liquor License Renewal Procedures
All of the forms that you will need to complete to renew your liquor license(s) are enclosed. Forms must be
printed in ink or typewritten. Please return all completed, signed, and notarized forms to Brooklyn Center
City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. All fees must be submitted with the
license renewal application, checks made payable to City of Brooklyn Center (NOTE: checks will be cashed
as soon as renewal license application is submitted). DUE DATE IS NOVEMBER 1, 2005. The last
meeting of the Brooklyn Center City Council for the year will be held December 12, 2005; after that date, the
Brooklyn Center City Council will not schedule a special session in 2005 to consider liquor license
applications that are received late. The next regularly scheduled meeting will be held the second Monday in
January 2005.
If your establishment has experienced a change in owners, partners, corporate or association officers or
directors, or on -site manager(s), those individuals must be submitted to the City. New on -site manager(s),
owners, or partners must be investigated by the Brooklyn Center Police Department prior to the renewal of
your liquor license. A Personal Information form must be filled out for each individual and be completed for
the following:
The owner of a sole partnership;
All partners in a partnership;
All stockholders having more than a five percent (5 interest in a corporation;
On -site managers.
A deposit of $100 for each individual to be investigated must be submitted with the Personal Information
form. You will be invoiced for any expenses incurred by the Brooklyn Center Police Department during the
investigation in excess of the deposit.
INSURANCE
All liquor license holders within the City of Brooklyn Center must carry dram shop insurance with a
minimum of a $300,000 aggregate policy. The City of Brooklyn Center must be named on the policy as a
joint insured and the policy must specifically state the words "Liquor Liability". The term of insurance must
run concurrently with the term of the license, January 1 through December 31.
CHECKLIST
A checklist has been provided on the backside to help ensure that all forms are completed and returned to
City Hall.
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
Liquor License Renewal Checklist
Renewal Application for Liquor License (City of Brooklyn Center)
Renewal of Liquor, q Wme, or Club License (MN Dept. of Public Safety)
Optional 2 A.M. Closing Special Liquor License (City of Brooklyn Center)
(If applicable, available to On -Sale establishments only)
Proof of Workers' Compensation Insurance Coverage
MN Business Tax Identification Number
Verification of Investigation List
Personal Information Forms (If applicable)
Investigation Deposit
(If applicable, $100 per individual)
Rent/Sale Report (Intoxicating and Wine only)
(Only if change in ownership of licensed property)
Liquor Liability Insurance Certificate
(Term of insurance must run concurrently with term of the license January 1 December 31)
Proof of Payment of Property Taxes (If you don't have a receipt for payment, you can visit
the Hennepin County website at www.hen.ner)in.mn.us and do a Property Information Search)
Certified CPA Statement showing the total gross sales, total food sales, total on-
premises food sales (excluding delivery and take -out), and percent of on- premises food sales
to total gross sales of the establishment for the twelve month period immediately prior to
license renewal
(Classes A -F and On -Sale Wine only)
A notarized statement by club treasurer certifying the current number of members
(On -Sale Club only)
Liquor License Fee(s)
(All checks made payable to City of Brooklyn Center)
Liquor License Renewal 2 City of Brooklyn Center
Office of the City Clerk
City of Brooklyn Center
A Millennium Community Sharon Knutson
City Clerk
IMPORTANT INFORMATION REGARDING
LIQUOR LIABILITY INSURANCE REQUIREMENTS
DATE; October 5, 2005
TO: Liquor License Holders
FROM: Sharon Knutson, City Clerk
SUBJECT: Liquor Liability Insurance Certificates
To eliminate confusion and possible license returns, please review the information below regarding the
requirements for Liquor Liability Insurance Certificates.
The NAME on the Liquor Liability Insurance Certificate matches EXCACTLY with the
LICENSEE NAME given on the renewal liquor license application or new application.
Example: Renewal form lists ABC Company, Inc. the Insurance Certificate must also read
ABC Company, Inc. and not just ABC Company, leaving off the Inc.
If your renewal states the LICENSEE NAME as his or her own name, followed by the trade
name, the Liquor Liability Insurance Certificate must list BOTH licensees' names and the trade
q Y
name.
Example: Mark Jane Anderson, Anderson's Eatery. The Insurance Certificate must include
both of these names and not just Anderson's Eatery or Mark Anderson without Jane's name.
The ADDRESS on the Liquor Liability Insurance Certificate must be the same address as the
licensed premises. NO HOME ADDRESSES.
INSURANCE DATES: The date of expiration is the exact date of the City expiration date and
shows coverage for the entire or the remainder of the City license period.
The City of Brooklyn Center liquor licenses run for the period January 1 through
December 31 the Liquor Liability Insurance must run for the same time period. The
insurance coverage cannot expire during the license period.
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.cityof brooklyncenter.org
City of Brooklyn Center 6301 Shingle Creek Pkwy, 55430 -2199
(763) 569 -3300
Renewal Application for Liquor License
This form must be completed by those establishments that possess an existing liquor license from
the City of Brooklyn Center who are requesting a liquor license for the upcoming year. This
form, along with the required supporting documentation, must be submitted to the City of
Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430, no later than
November 1.
1. Name of Licensee (Name of Individual, Partnership, Corporation, or Association shown on
license; a corporation, partnership, or LLC, must attach list of all partners /officers /directors):
2. Business Name:
3. Business Telephone Number:
4. Business Address:
(Street, City, and Zip Code
Y P
5. Contact Person, Title, Address, and Telephone Number:
(First, Middle, and Last (Title
(Street, City, and Zip Code)
(Telephone Number)
6. Type of License (description of classes, license fees for classes, clubs, 2 a.m. listed on backside):
On -Sale Intoxicating Liquor Class: A B C D E F (circle one)
On -Sale Club Intoxicating License
On -Sale Wine Intoxicating and 3.2 Percent Malt Liquor Combination Licenses $2,500
On -Sale Wine Intoxicating Only License $2,000
On -Sale Sunday (ONLY in conjunction with Intoxicating Licenses
I h OSl I i g $200
On -Sale 3.2 Percent Malt Liquor Only License $500
q Y
Optional 2 A.M. Closing Special License (available to On -Sale establishments only)
Off -Sale 3.2 Percent Malt Liquor License $100
Information is collected to determine eligibility for license. Failure to provide information requested may result in denial of application.
Signature: Date:
(If the application is by a natural person, it shall be signed by such person; if by a corporation, by an officer thereof; if by a partnership, by
one of the partners; if by an unincorporated association, by the manager or managing officer thereof)
Print Name /Title:
Description of On -Sale Intoxicating Liquor License Classes and Club and Class fees
On -Sale Class A $8.000 annual fee
80% or more of the applicable revenue derived from the serving of foods for consumption on the premises; Class
A licenses are available to all hotels and restaurants.
On -Sale Class B $11.000 annual fee
50% through 79% of the applicable revenue derived from the serving of foods for consumption on the premises;
Class B licenses are available to all hotels and restaurants.
On -Sale Class C $14.000 annual fee
40% through 49% of the applicable revenue derived from the serving of foods for consumption on the premises;
Class C licenses are available only to hotels and to restaurants that derive a considerable part of their revenue
from sources other than liquor and food.
On -Sale Class D $14,000 annual fee
This is a probationary license for new applicants who have not established a ratio between food and liquor for the
licensed premises. Twelve months of documentation of food and liquor sales shall be presented to the City
Manager's designee on or before renewal time to determine the appropriate license class for the following year. If
such documentation is not available, the probationary license shall be extended for no more than one additional
year. Otherwise, a Class A, B, or C license will be assigned based on established ratio.
On -Sale Class E $2,500 annual fee
This license is available only to hotels that serve food and liquor in a dining room to guests. Applicants for Class
E licenses must submit with their applications menus of food and nonalcoholic beverages which will be served
with the liquor dispensed. The City Council will determine whether such food and beverages are adequate to
protect the public interests. Changes in menu may not be made without the prior approval of the City Manager's
designee. Liquor may be dispensed for no more than two hours a day and shall not be dispensed before 4 p.m. or
after 8 p.m. The licensee may not require the payment of consideration for liquor other than that which is paid as
its regular charges for rooms. The area designated as the dining room shall be adequately separated from other
common areas of the hotel by physical barriers to control ingress and egress and to ensure security and
compliance with the provisions of this Code. Class E licensees may serve liquor on Sunday subject to the
provisions of this Code without a separate Sunday on -sale liquor license.
On -Sale Class F $5,000 annual fee
This license is available only to the Earle Brown Heritage Center Convention Facility. This license applies to the
sale and dispensing of liquor to patrons attending events at the center and shall not be valid for amateur athletic
events. This license allows for the sale and dispensing of liquor at the convention center and bed and breakfast
facilities located at the Earle Brown Heritage Center.
On -Sale Club annual fees Optional 2 A.M. Closing Special License
$300 up to 200 members This license is available to licensed on -sale liquor
$500 201 -500 members establishments only.
$650 501 -1,000 members $500 On -Sale Intoxicating Liquor
$800 1,001 -2,000 members $0 On -Sale Club
$1,000 2,001 -4,000 members $0 On -Sale Wine
$2,000 4,001 -6,000 members $200 On -Sale Wine and 3.2 Percent Malt Liquor
$3,000 over 6,000 members $200 On -Sale 3.2 Percent Malt Liquor
City Brook n C kl
y f y
ente r
A Millennium Community
To: Mayor Kra ness and Council Members Carmo Lasman Niesen and O'Connor
Y Y>
g
From: Michael J. McCaule
City Manager
Date: November 9, 2005
Re: City Manager Evaluation: Form Date
At the February 5 Council Retreat, the Council indicated an interest is using a rating
scale with 5 choices and breaking the categories into subsets. Council Members Niesen
and Carmody have also developed proposed formats.
Attached are:
Relevant pages from Mr. Neu's report on the February 5, 2005 Council
Workshop
2004 Evaluation Form
Draft 2005 Evaluation Form using 5 rating choices and breaking the
categories into more subsets
Council Member Niesen's Form
Council Member Carmody's Form.
The item is on the agenda to discuss a date for completion of the evaluation and selection
of the form to be used. I would suggest the Draft 2005 evaluation form since it reflects
the discussion to date b the Council and it reflects the general expectations of the
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evaluation process. As indicated in the discussion of the Council Calendar for 2006, the
Council identified a discussion in March of 2006 for potentially changing the evaluation
process. If the Council adopted a changed delineation of its expectations in March, there
would be an opportunity to meet those expectations over the course of 2006.
0 6301 Shingle Creek r
g 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
N1211
0 COMPANY
CITY OF BROOKLYN CENTER,
MINNESOTA
CITY COUNCIL LEADERSHIP WORKSHOP
Conducted on
February 5, 2005
SUMMARY OF KEY OBSERVATIONS AND
CONCLUSIONS MADE BY THE
PARTICIPANTS
Submitted by
Carl H. Neu, Jr.
February 7, 2005
Neu and Company and the Center for the Future of Local GovernanceTl, 2005
B.
Reexamination of the City Council Goals for the Year 2005.
After completing the exercise /discussion above, the participants then
reviewed the City Council Goals that were adopted for the year 2005. A
copy of these goals is contained in this report as Appendix B.
The following change was made:
1. Elimination of item (4) Focus 2004 under Goal No. 2. The reason
for this elimination is that these action steps identified for 2004
have been completed.
No other changes were made to the goals that have been adopted for 2005.
It was concluded by the majority of participants, however, that while the
council has reaffirmed the goals it adopted for 2005, it should be stated
that Northbrook and Brookdale are areas of continuing emphasis and
priority for the city council because of their importance to the community
and its economic vitality.
C. City Manager Evaluation Process
The participants reviewed the current City Manager Evaluation Form used
by the council. A copy of this form is included in this report as Appendix
C. The following observations or recommendations were made relative to
proposed changes to the City Manager Evaluation Form and City Manager
Evaluation Process.
1. Proposed changes to the City Manager Evaluation Form:
City council members should review the current City Manager
Evaluation Form and submit their proposed modifications to
the form for discussion at a scheduled work session.
It was suggested that a "1 through 5 rating system" be used for
each item evaluated in the form. For example, the current form
has five categories of topics that are reviewed. Within each of
these categories are additional items or subsets pertaining to
the city manager's performance. The rating scale would be
used for each item or subset. The proposed rating scale might
look something like what appears below:
4
Item Being Rated
Rating:
1 1 2 3 1 4 1 5
Did Not Needs Met Exceeded Greatly
Achieve Improvement Expectations Expectations Exceeded
Expectations
Comments:
City Council at the scheduled work session would approve the
changes in terms of format, content, and rating scales to be
used in the City Manager Evaluation Form.
2. Proposed changes to the City Manager Evaluation Process
The council members identified the following proposed steps to be
used for the conduct of the City Manager Evaluation Process:
City manager provides a report on accomplishments to the
council and notes any significant shifts or changes in goals and
priorities may have occurred which need to be taken into
consideration when evaluating his performance.
City council members provide their individual evaluations to
the city attorney.
City attorney prepares a consolidated report.
City council reviews and approves the report that the mayor
will then take to the city manager.
The city manager then responds to the report given to him b
Y g P P g Y
the mayor reflecting a summary of the council's conclusions.
City council makes any appropriate changes or revisions to the
report based on city manager feedback.
Mayor makes public statement, as required, pertaining to the
manager's evaluation.
3. Timing of the Evaluation:
5
The participants noted that the evaluation should be conducted at
the end of the year, especially when changes in council
membership occur as a result of elections. This will ensure that the
council members evaluating the manager were the ones who
served on council during the evaluation period.
D. Discussion of Council Teamwork and Performance
Four council members, during the afternoon of the workshop, conducted a
comprehensive discussion about working relationships among the
members of city council and the effectiveness of the council's meetings.
1. Observation about city council working relationships and meeting
effectiveness
What is Frustrating Me /Us
What is Goine Well? (Council Members)?
No real issues that are Lengthy discussions before
creating divisiveness within council comes to consensus
the council
Congenial discussions Apparent disconnect that
occurs sometimes between
the city council and the city
manager, especially in
dialogues attempting to
clarify issues and increase
understanding.
Increased respect being People don't speak up
shown by council members (sometimes it is difficult to
for each other hear what people are saying)
Good handouts and staff Some members talk too long
work in preparation for the
meetings
Council is better at Amount of detail sometimes
focusing goals a
individuals
i and issues loses
gg
Council has adjusted to the Nature of some of the issues
budget (some council members may
not agree with the issue or
the approach the council is
taking in dealing with it)
I
6
i
Evaluation Form Used in 2004
2004 FORM
CITY MANAGER EVALUATION FORM
1. City Council Goals for 2004
Responsibility: The City Manager should
implement those goals that can be accomplished through staff
provide support and information to facilitate City Council achievement of its goals
Overall Evaluation of Work on City Council Goals
Overall, has the City Manager worked to implement and facilitate adopted City Council
goals?
Yes Partially No
Comments:
2. Administrative Support for City Council:
Responsibility
Maintain effective communication, both verbal and written with Council
Maintains availability to Council, either personally or through designated
subordinates
Systematic reporting to Council of current matters involving City government
Materials presented to Council are clear, concise and understandable
Has the City Manager provided the City Council with background and other information to
allow the Council to make informed decisions as described above?
Yes Partially No
Comments:
e 2004 FORM
Has the City Manager assisted the City Council in clarifying complex issues and
understanding administrative, legal and procedural requirements?
Yes Partially No
Comments:
3. Chief Administrative Officer duties:
Has the City Manager provided administrative oversight and direction in the following
areas:
City Fiscal affairs (budget, expenditures)
Plans and organizes preparation of an annual budget with documentation that
conforms to the direction received from the City Council
Supervises the utilization of human and fiscal resources within the budgetary plan
Financial reporting is timely and understandable
City operations
Services are delivered in a timely and effective manner (ie. snow plowing, police and
fire response, park maintenance, recreation)
Citizen issues are responded to appropriately and in timely fashion
Issues affecting service delivery are anticipated and dealt with effectively
City projects
Annual street project is undertaken in organized and effective manner
City Enterprise operations
Water, sewer, and storm sewer funds are financially stable and services delivered in
effective and efficient manner
Golf and Liquor funds are operated in a manner that results in meeting financial
targets so that they are self sufficient and meet Council goals for operation such as
minimum of $75,000 transfer from Liquor Fund
S 2004 FORM
Earle Brown Heritage Center is operated as community asset, while meeting
operational self sufficiency from its own revenues
Yes Partially No
Comments:
4. Intergovernmental Relations:
Has the City Manager:
been sufficiently active in participating in municipal organizations to which the City
belongs
had a relationship with other cities that is beneficial to the City of Brooklyn Center
been effective in communicating or representing Council positions to other
governmental bodies
worked cooperatively with other organizations where beneficial to the City of
Brooklyn Center
Yes Partially No
Comments:
5. OVERALL EVALUATION OF PERFORMANCE:
Overall, City Manager's efforts to implement and facilitate 2004 Council goals has been:
Excellent Good Satisfactory Poor
Comments:
2004 FORM
Overall, City Manager's administrative support of City Council has been:
Excellent Good Satisfactory Poor
Comments:
Overall, City Manager's discharge of administrative duties in fiscal affairs, operations, projects, and
enterprises has been:
Excellent Good Satisfactory Poor
Comments:
Overall, City Manager's efforts in intergovernmental matters have been:
Excellent Good Satisfactory Poor
Comments:
2004 Form Modified to provide
5 Rankin4 Options
and r
Sepa ate Out more functions
Per Fe r
b uary 2005 Council Retreat discussions
i
II
DRAFT 2005
CITY MANAGER EVALUATION FORM
Did Not Achieve: is that level of performance that consistently failed to approach the requirements
of the job.
Needs Improvement: is that level of performance which consistently falls below the requirements
of the job. It does not mean that every aspect of the employee's performance is below adequate
standards, but that, in general, the employee does not meet the minimum expectations and
requirements.
Met Expectations: is that level of performance which is considered adequate to meet the
requirements of the job. Some day to day variation is to be expected and may range, on occasion,
from poor to very good. For the most part, however, met expectations represents satisfactory
performance which would neither be consistently below nor superior to what is necessary to do the
j ob.
Exceeds Expectations: is that level of performance that consistently surpasses standards of
adequate performance.
Greativ Exceed Expectations: is that level of performance consistently greatly surpasses the
standards of adequate performance.
1. City Council Goals for 2005.
Responsibility:
implement those goals that can be accomplished through staff
provide support and information to facilitate City Council achievement of its
goals
Overall, has the City Manager worked to implement and facilitate adopted City Council
Goals?
1 1 2 3 4 5
Did Not Needs Met Exceeded Greatly
Achieve Improvement Expectations Expectations Exceeded
Expectations
Comments:
2005 City Manager Evaluation Form
2. Administrative Support for City Council.
Responsibility:
maintain effective communication, both verbal and written with Council
maintain availability to Council, either personally or through designated
subordinates
systematic reporting to Council of current matters involving City Government
materials presented to Council are clear, concise, and understandable
Has the City Manager provided the City Council with background and other information to
allow the Council to make informed decisions as described above?
1 1 2 3 4 5
Did Not Needs Met Exceeded Greatly
Achieve Improvement Expectations Expectations Exceeded
Expectations
Comments:
Has the City Manager assisted the City Council in clarifying complex issues and
understanding administrative, legal, and procedural requirements?
1 2 3 4 5
Did Not Needs Met Exceeded Greatly
Achieve Improvement Expectations Expectations Exceeded
Expectations
Comments:
3. Chief Administrative Officer Duties.
Has the City Manager provided administrative oversight and direction in the following areas?
City fiscal affairs (budget, expenditures):
-plans and organizes preparation of an annual budget with documentation that
conforms to the direction received from the City Council
supervises the utilization of human and fiscal resources within the budgetary plan
O financial reporting is timely and understandable
2
2005 City Manager Evaluation Form
1 2 3 4 5
Did Not Needs Met Exceeded Greatly
Achieve Improvement Expectations Expectations Exceeded
Expectations
Comments:
City operations:
services are delivered in a timely and effective manner (ie. snow plowing, police and
fire response, park maintenance, and recreation)
citizen issues are responded to appropriately and in timely fashion
issues affecting service delivery are anticipated and dealt with effectively
1 2 3 4 5
Did Not Needs Met Exceeded Greatly
Achieve Improvement Expectations Expectations Exceeded
Expectations
Comments:
City projects:
annual street project is undertaken in organized and effective manner
1 2 3 4 5
Did Not Needs Met Exceeded Greatly
Achieve Improvement Expectations Expectations Exceeded
Expectations
Comments:
City Enterprise operations:
Water, Sewer, and Storm Sewer Funds are financially stable and services delivered
in effective and efficient manner
Golf and Liquor Funds are operated in a manner that results in meeting financial
targets so that they are self sufficient and meet Council Goals for operation such as
minimum of $75,000 transfer from Liquor Fund
3
2005 City Manager Evaluation Form
Earle Brown Heritage Center is operated as community asset, while meeting
operational self- sufficiency from its own revenues
1 1 2 3 4 5
Did Not Needs Met Exceeded Greatly
Achieve Improvement Expectations Expectations Exceeded
Expectations
Comments:
4. Intergovernmental Relations.
Has the City Manager:
-been sufficiently active in participating in municipal organizations to which the City
belongs
-had a relationship with other cities that is beneficial to the City of Brooklyn Center
-been effective in communicating or representing Council positions to other
governmental bodies
worked cooperatively with other organizations where beneficial to the City of
Brooklyn Center
1 2 3 4 5
Did Not Needs Met Exceeded Greatly
Achieve Improvement Expectations Expectations Exceeded
Expectations
Comments:
4
2005 City Manager Evaluation Form
i
Council Member Niesen's Form
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 6p4, 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)
1. 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 Q1 -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.
Job Dimension Job Desc Measurement Criteria Comments
Xref
Presents policy /ordinance- related information clearly,
completely and accurately.
Respects and supports the role of elected officials in
1. Policy/ making policy /ordinance decisions.
Ordinance 1, 5, 6
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 1,5 Ensures prompt, courteous and accurate responses to re-
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.
3. Democratic 1,6 Demonstrates a commitment to democratic principles by
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 future needs, organizes work operations
accordingly and establishes timetables for projects.
Yearly goals and objectives are planned and implemented
effectively g city usin ci resources in the most efficient
manner.
7/252005 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 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 lob personal actions. Abides by the 1CMA 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 Prepares clear, effective, understandable budget.
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
i
Memo July 23, 2005
Job Dimension Job Desc Measurement Criteria Comments
Xref
11. City Scorecard I Listed below
BC Scorecard Item I Factual Measurement Criteria Comments
I. City operations 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 servicelordinance 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 rate /trends 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
O 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 osition of CM for the City of Brooklyn Center.
p h' Y
List 1 -3 items for improvement that this individual should achieve during the coming P g gY ear.
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):
I. 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
Council Member Carmodv's Form
s
Organizational Management
Ensures that necessary and appropriate city services are provided in a timely
manner.
Is knowledgeable on the basic principles of service delivery in functional areas:
public safety, community development, public works, finance, parks and
recreation.
Maintain professional and high quality staff. Motivates others to achieve their
best and fulfill the goals of the council.
Ensures that the policies and procedures with regards to employee hiring,
promotion, performance appraisal and discipline are followed.
Fiscal/Business Management
Provides an accurate assessment of the city's fiscal condition by a system of
reports for the council.
Prepares a clear, effective, and understandable budget with documentation that
conforms to guidelines adopted by the city council.
Plans, organizes and supervises the most economic utilization of manpower,
materials, and machinery.
Program Development and Follow Through
Presents policy /ordinance related information clearly, completely and accurately.
Ensures that policy /ordinance decisions and initiatives are implemented.
Yearly goals and objectives are planned and implemented effectively using city
resources in the most efficient and effective manner.
Demonstrates a commitment to make decisions, address and fulfill
responsibilities.
Relationship with Mayor and City Council
Respects and supports the role of the council in making policy or ordinance
decisions.
Demonstrates the capacity for effective written and verbal communication.
Establishes and maintains a system of reporting to the council current plans and
activities of the staff.
Plans and organizes materials for presentations to the council, either verbal or
written, in the most concise, clear and comprehensive manner possible.
Long Range Planning
Maintains knowledge of new technologies, systems, methods, etc. in relation to
City services.
Keeps the Council advised of new and impending legislation and developments in
the area of public policy.
Establishes and maintains an awareness of developments occurring within other
cities or other jurisdictions that may have an impact on city activites.
Plans, organizes and maintains a process for assisting the council in establishing
community goals including a process for monitoring and reporting on the city's
progress toward achieving those goals.
Relationship with Public /Public Relations
Ensures prompt, courteous and accurate responses to requests from citizens either
directly or through the council.
Keeps current on the unique culture and demographics of Brooklyn Center.
Is able to convey information effectively and objectively to a variety of audiences.
Communicates information to the media in a way that increases public
understanding of local government issues and activities.
Establishes and maintains a liaison with private non governmental agencies,
organizations and groups involved in areas of concern that relate to services or
activities of the city.
Intergovernmental Relations
Has a liaison with other governmental jurisdictions in those areas of service that
improve or enhance the city's programs.
Maintains communications with governmental jurisdictions with which the city is
involved or has interaction.
Professional and Personal Development
Demonstrates integrity in professional relationships and personal actions.
Maintains awareness and value of broadening professional and personal
development.
Demonstrates imaginative leadership in staff.
s